1998-HJ-03-26-031

No. 31

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

89th Legislature

REGULAR SESSION OF 1998

House Chamber, Lansing, Thursday, March 26, 1998.

10:00 a.m.

The House was called to order by the Speaker.

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

Agee--present

Alley--present

Anthony--present

Baade--present

Baird--present

Bankes--present

Basham--present

Birkholz--present

Bobier--excused

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--present

Fitzgerald--present

Frank--present

Freeman--e/d/s

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--e/d/s

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--excused

McNutt--present

Middaugh--present

Middleton--present

Murphy--present

Nye--present

Olshove--present

Owen--present

Oxender--present

Palamara--present

Parks--present

Perricone--present

Price--present

Profit--present

Prusi--present

Quarles--present

Raczkowski--present

Rhead--present

Richner--present

Rison--present

Rocca--present

Sanborn--present

Schauer--present

Schermesser--present

Schroer--present

Scott--present

Scranton--present

Sikkema--present

Stallworth--present

Tesanovich--present

Thomas--present

Varga--present

Vaughn--present

Voorhees--present

Walberg--excused

Wallace--present

Wetters--excused

Whyman--present

Willard--present

Wojno--present

e/d/s = entered during session

Rep. David Gubow, from the 35th District, offered the following invocation:

Keep your thoughts positive because

your thoughts become your words.

Keep your words positive because

your words become your behaviors.

Keep your behaviors positive because

your behaviors become your habits.

Keep your habits positive because

they become your values.

Keep your values positive because

your values become your destiny.

(Gandhi)

______

Rep. Hammerstrom moved that Reps. McManus and Walberg be excused from today's session.

The motion prevailed.

Notices

March 26, 1998

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

Reports of Standing Committees

The Speaker laid before the House

House Resolution No. 216.

A resolution to support the selection of Mackinaw City as the site of a national lighthouse center and museum.

(For text of resolution, see House Journal No. 18, p. 320.)

(The resolution was reported by the Committee on Tourism on March 25, with substitute (H-1), consideration of which was postponed until today under the rules.)

(For substitute, see House Journal No. 30, p. 539.)

The question being on the adoption of the proposed substitute (H-1) recommended by the Committee,

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

The question being on the adoption of the resolution,

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

Reps. Brackenridge, Byl, Crissman, DeVuyst, Fitzgerald, Galloway, Gilmer, Gustafson, Hertel, Jansen, LeTarte, London, Mans, McBryde, Olshove, Perricone, Price, Raczkowski, Rhead, Sanborn and Whyman were named co-sponsors of the resolution.

Third Reading of Bills

House Bill No. 5268, entitled

A bill to amend 1956 PA 5, entitled "Michigan uniform municipal court act," by amending section 23 (MCL 730.523) and by adding section 23a.

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

Roll Call No. 194 Yeas--99

Agee Dobb Jellema Profit

Alley Dobronski Kaza Prusi

Anthony Fitzgerald Kelly Quarles

Baade Frank Kukuk Raczkowski

Baird Gagliardi Law Rhead

Bankes Galloway Leland Richner

Basham Geiger LeTarte Rison

Birkholz Gernaat Llewellyn Rocca

Bodem Gilmer London Sanborn

Bogardus Gire Lowe Schermesser

Brackenridge Godchaux Mans Schroer

Brater Goschka Martinez Scott

Brewer Green Mathieu Scranton

Brown Griffin McBryde Sikkema

Byl Gubow McNutt Stallworth

Callahan Gustafson Middaugh Tesanovich

Cassis Hale Middleton Thomas

Cherry Hammerstrom Murphy Varga

Ciaramitaro Hanley Nye Vaughn

Crissman Harder Olshove Voorhees

Cropsey Hertel Oxender Wallace

Curtis Hood Palamara Whyman

Dalman Horton Parks Willard

DeHart Jansen Perricone Wojno

DeVuyst Jelinek Price

Nays--0

In The Chair: Hertel

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

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

A bill to amend 1956 PA 5, entitled "Michigan uniform municipal court act," by amending sections 22 and 30 (MCL 730.522 and 730.530).

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. Bogardus moved that Rep. Schauer be excused temporarily from today's session.

The motion prevailed.

House Bill No. 5271, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending sections 2 and 3 of chapter X and sections 34, 43, and 44 of chapter XIV (MCL 770.2, 770.3, 774.34, 774.43, and 774.44), section 2 of chapter X as amended by 1981 PA 205, section 3 of chapter X as amended by 1994 PA 374, and sections 34, 43, and 44 of chapter XIV as amended by 1980 PA 506.

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

Roll Call No. 195 Yeas--99

Agee Dobb Jellema Profit

Alley Dobronski Kaza Prusi

Anthony Emerson Kelly Quarles

Baade Fitzgerald Kukuk Raczkowski

Baird Frank LaForge Rhead

Bankes Gagliardi Law Richner

Basham Galloway Leland Rison

Birkholz Geiger LeTarte Rocca

Bodem Gernaat Llewellyn Sanborn

Bogardus Gire London Schermesser

Brackenridge Godchaux Lowe Schroer

Brater Goschka Mans Scott

Brewer Green Martinez Scranton

Brown Griffin Mathieu Sikkema

Byl Gubow McBryde Stallworth

Callahan Gustafson McNutt Tesanovich

Cassis Hale Middaugh Thomas

Cherry Hammerstrom Middleton Varga

Ciaramitaro Hanley Murphy Vaughn

Crissman Harder Olshove Voorhees

Cropsey Hertel Oxender Wallace

Curtis Hood Palamara Whyman

Dalman Horton Parks Willard

DeHart Jansen Perricone Wojno

DeVuyst Jelinek Price

Nays--0

In The Chair: Hertel

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.

Senate Bill No. 752, entitled

A bill to amend 1956 PA 5, entitled "Michigan uniform municipal court act," by amending section 23 (MCL 730.523) and by adding section 23a.

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

Roll Call No. 196 Yeas--100

Agee Dobb Jellema Price

Alley Dobronski Kaza Profit

Anthony Emerson Kelly Prusi

Baade Fitzgerald Kukuk Quarles

Baird Frank LaForge Raczkowski

Bankes Gagliardi Law Rhead

Basham Galloway Leland Richner

Birkholz Geiger LeTarte Rison

Bodem Gernaat Llewellyn Rocca

Bogardus Gire London Sanborn

Brackenridge Godchaux Lowe Schermesser

Brater Goschka Mans Schroer

Brewer Green Martinez Scott

Brown Griffin Mathieu Scranton

Byl Gubow McBryde Sikkema

Callahan Gustafson McNutt Stallworth

Cassis Hale Middaugh Tesanovich

Cherry Hammerstrom Middleton Thomas

Ciaramitaro Hanley Murphy Varga

Crissman Harder Olshove Vaughn

Cropsey Hertel Owen Voorhees

Curtis Hood Oxender Wallace

Dalman Horton Palamara Whyman

DeHart Jansen Parks Willard

DeVuyst Jelinek Perricone Wojno

Nays--0

In The Chair: Hertel

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

"An act to establish and promote a uniform system of municipal courts in cities; to consolidate justice courts in cities into a system of municipal courts; to change the name of existing justice courts and justices of the peace in cities to municipal courts and municipal judges; to promote uniformity in practice and procedure in such courts; to prescribe the powers, duties and functions of such courts; and to provide for substitute municipal judges in cities in cases of death, absence, disability or removal of the regularly elected or appointed municipal judges and in cases where temporary judicial assistance is needed in such courts,".

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.

Senate Bill No. 720, entitled

A bill to amend 1971 PA 140, entitled "State revenue sharing act of 1971," by amending section 11a (MCL 141.911a), as added by 1996 PA 342.

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

Roll Call No. 197 Yeas--97

Agee Dobronski Kaza Profit

Alley Fitzgerald Kelly Prusi

Anthony Frank Kukuk Quarles

Baade Gagliardi Law Raczkowski

Baird Galloway Leland Rhead

Bankes Geiger LeTarte Richner

Basham Gernaat Llewellyn Rison

Birkholz Gilmer London Rocca

Bodem Godchaux Lowe Sanborn

Bogardus Goschka Mans Schermesser

Brackenridge Green Martinez Schroer

Brater Griffin Mathieu Scott

Brewer Gubow McBryde Scranton

Brown Gustafson McNutt Sikkema

Byl Hale Middaugh Stallworth

Callahan Hanley Middleton Tesanovich

Cassis Harder Nye Thomas

Cherry Hertel Olshove Varga

Ciaramitaro Hood Owen Vaughn

Crissman Horton Oxender Voorhees

Cropsey Jansen Palamara Wallace

Curtis Jelinek Parks Whyman

DeHart Jellema Perricone Willard

DeVuyst Johnson Price Wojno

Dobb

Nays--0

In The Chair: Hertel

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

"An act to provide for the distribution of certain state revenues to cities, villages, townships, and counties; to impose certain duties and confer certain powers on this state, political subdivisions of this state, and the officers of both; to create reserve funds; and to establish a revenue sharing task force and provide for its powers and duties,".

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.

______

Rep. Kilpatrick entered the House Chambers.

House Bill No. 5612, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 6023 (MCL 600.6023), as amended by 1989 PA 5.

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

Roll Call No. 198 Yeas--91

Agee DeVuyst Jelinek Price

Alley Dobb Johnson Profit

Anthony Dobronski Kelly Prusi

Baade Emerson Kilpatrick Quarles

Baird Fitzgerald Kukuk Raczkowski

Bankes Frank LaForge Richner

Basham Gagliardi Law Rison

Birkholz Galloway Leland Rocca

Bodem Geiger LeTarte Sanborn

Bogardus Gernaat Mans Schauer

Brackenridge Gilmer Martinez Schermesser

Brater Godchaux Mathieu Scott

Brewer Goschka McBryde Scranton

Brown Griffin McNutt Sikkema

Byl Gubow Middaugh Stallworth

Callahan Hale Middleton Tesanovich

Cassis Hammerstrom Murphy Thomas

Cherry Hanley Olshove Varga

Ciaramitaro Harder Owen Vaughn

Crissman Hertel Oxender Wallace

Curtis Hood Palamara Willard

Dalman Horton Parks Wojno

DeHart Jansen Perricone

Nays--13

Cropsey Kaza Lowe Schroer

Green Llewellyn Nye Voorhees

Gustafson London Rhead Whyman

Jellema

In The Chair: Hertel

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, Bodem, Brackenridge, Cassis, Ciaramitaro, Dobb, Gagliardi, Gilmer, Goschka, Hale, Hammerstrom, Harder, Hood, Jelinek, Johnson, Kilpatrick, Kukuk, Law, Mans, Martinez, Mathieu, McBryde, McNutt, Middaugh, Olshove, Owen, Oxender, Palamara, Parks, Profit, Raczkowski, Richner, Rocca, Sanborn, Schermesser, Scranton, Sikkema, Stallworth, Varga and Willard were named co-sponsors of the bill.

______

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

"Mister Speaker and members of the House:

Bankruptcy, regrettably, has lost its shame as the memory of the Great Depression fades in the memories of Americans not old enough to understand the significance of an excessive credit structure.

The evidence of an excessive credit structure; pervasive and dangerous; is found on a daily basis in newspapers and on television:

'Zero percent down.'

'No interest payments until year 2000.'

'Second and even exotic third mortgages and loans.'

Consumer credit debt continues its mad scramble skyward.

The number of individuals behind on their monthly loan or mortgage payments increases as every year passes.

Most ominously, the number of bankruptcies (individual) under federal bankruptcy law continues to grow at ominous rates. Between 1980 and 1997, there was a 304 percent increase in bankruptcies (individual) in Michigan, from 12,670 to 38,503 filings:

Annual Number of Individual Bankruptcy Filings

(American Bankruptcy Institute)

MIU.S.

1980 12670 287,570

1981 13199 315,818

1982 12102 310,951

1983 9162 286,444

1984 7458 284,517

1985 7785 341,233

1986 10876 449,203

1987 12839 495,553

MIU.S.

1988 14111 549,612

1989 15951 616,226

1990 18891 718,107

1991 23852 872,438

1992 25206 900,874

1993 22365 812,898

1994 20956 780,455

1995 23556 874,642

1996 30727 1,125,006

1997 38503 1,350,118

The generation that came of age during the Great Depression understood, far better than many today, the dangers of an excessive credit structure. They also understood the importance of thrift, self discipline and individual responsibility; individual character traits lost on the bankrupts of today.

If an individual borrows more than can be repaid, and subsequently hides behind federal bankruptcy law to engineer a default, one must suspect either their financial acumen, or character. At best, the bankrupt is irresponsible. At worst, they are manipulating an excessive credit structure to shirk their financial debts and responsibilities.

But if an individual, despite financial difficulties, arranges to make good on their debts and responsibilities in the future they should be applauded. For they know the shame of bankruptcy and fight hard to avoid it.

The three-bill legislative package before us rewards bankrupts by exempting more property from creditors in the execution of any bankruptcy judgment. Worse, it rewards stock market speculation by protecting specific financial vehicles that are used by some individuals for that purpose.

Bankruptcy as an option is certainly well promoted in our society; many unscrupulous financial advisers and even lawyers have developed lucrative businesses by encouraging individuals to take advantage of federal bankruptcy laws to discharge their personal debts. Although bankruptcy is legal, that does not mean it is ethical. Voluntary bankruptcy is theft: the debtor stealing from the creditor and society as a whole.

Individuals who borrow money have an ethical obligation to repay it.

Individuals who spend money purchasing goods have an ethical obligation to pay for those products--with interest if they bought on credit.

Bankruptcy is the abrogation of individual responsibility; the increased use of bankruptcy powerful evidence of the excessive credit structure permeating our country today."

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

"Mr. Speaker and members of the House:

This legislation allows more people to hide more assets from legitimate creditors under bankruptcy law.

This law is detrimental to small businesses who give unsecured credit to their customers. It is detrimental to the hospitals and medical personnel who must give medical treatment to people who refuse to pay than then are legally able to shield their assets.

This proposal is saying to bankrupts that they can hide more of their assets from legitimate creditors."

Senate Bill No. 856, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 6023 (MCL 600.6023), as amended by 1989 PA 5.

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

Roll Call No. 199 Yeas--89

Agee DeVuyst Jelinek Perricone

Alley Dobb Johnson Price

Anthony Dobronski Kelly Profit

Baade Emerson Kilpatrick Prusi

Baird Fitzgerald Kukuk Raczkowski

Bankes Frank LaForge Richner

Basham Gagliardi Law Rison

Birkholz Geiger Leland Rocca

Bodem Gernaat LeTarte Sanborn

Bogardus Gilmer Mans Schauer

Brackenridge Godchaux Martinez Schermesser

Brater Goschka Mathieu Scott

Brewer Griffin McBryde Scranton

Brown Gubow McNutt Sikkema

Byl Hale Middaugh Stallworth

Callahan Hammerstrom Middleton Tesanovich

Cassis Hanley Murphy Thomas

Cherry Harder Olshove Varga

Ciaramitaro Hertel Owen Vaughn

Crissman Hood Oxender Wallace

Curtis Horton Palamara Willard

Dalman Jansen Parks Wojno

DeHart

Nays--14

Cropsey Jellema Lowe Schroer

Galloway Kaza Nye Voorhees

Green Llewellyn Rhead Whyman

Gustafson London

In The Chair: Hertel

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

"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,".

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.

______

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

"Mr. Speaker and members of the House:

This legislation allows more people to hide more assets from legitimate creditors under bankruptcy law.

This proposal is saying to bankrupts that they can hide more of their assets from legitimate creditors."

House Bill No. 5306, entitled

A bill to permit the establishment and maintenance of individual or family development accounts; to provide penalties and remedies; to provide for certain tax deductions; and to prescribe the requirements of and restrictions on individual or family development accounts.

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

Roll Call No. 200 Yeas--104

Agee Emerson Kaza Price

Alley Fitzgerald Kelly Profit

Anthony Frank Kilpatrick Prusi

Baade Gagliardi Kukuk Quarles

Baird Galloway LaForge Raczkowski

Bankes Geiger Law Rhead

Birkholz Gernaat Leland Richner

Bodem Gilmer LeTarte Rison

Bogardus Gire Llewellyn Rocca

Brackenridge Godchaux London Sanborn

Brater Goschka Lowe Schauer

Brewer Green Mans Schermesser

Brown Griffin Martinez Schroer

Byl Gubow Mathieu Scott

Callahan Gustafson McBryde Scranton

Cassis Hale McNutt Sikkema

Cherry Hammerstrom Middaugh Stallworth

Ciaramitaro Hanley Middleton Tesanovich

Crissman Harder Murphy Thomas

Cropsey Hertel Nye Varga

Curtis Hood Olshove Vaughn

Dalman Horton Owen Voorhees

DeHart Jansen Oxender Wallace

DeVuyst Jelinek Palamara Whyman

Dobb Jellema Parks Willard

Dobronski Johnson Perricone Wojno

Nays--0

In The Chair: Hertel

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, Bodem, Byl, Dalman, DeHart, Dobb, Gilmer, Goschka, Johnson, Kaza, Kelly, Kukuk, Law, Llewellyn, McBryde, Middleton, Profit, Rocca, Schermesser, Varga, Vaughn and Willard were named co-sponsors of the bill.

House Bill No. 5307, entitled

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

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

Roll Call No. 201 Yeas--101

Agee Emerson Johnson Price

Alley Fitzgerald Kaza Profit

Anthony Frank Kelly Prusi

Baade Gagliardi Kilpatrick Quarles

Baird Galloway Kukuk Raczkowski

Bankes Geiger LaForge Rhead

Basham Gernaat Law Richner

Birkholz Gilmer Leland Rison

Bodem Gire LeTarte Rocca

Bogardus Godchaux Llewellyn Sanborn

Brackenridge Goschka London Schauer

Brater Green Lowe Schermesser

Brewer Griffin Mans Schroer

Brown Gubow Martinez Scott

Byl Gustafson Mathieu Scranton

Callahan Hale McBryde Sikkema

Cassis Hammerstrom Middaugh Tesanovich

Cherry Hanley Middleton Thomas

Crissman Harder Murphy Varga

Cropsey Hertel Olshove Vaughn

Curtis Hood Owen Voorhees

Dalman Horton Oxender Wallace

DeHart Jansen Palamara Whyman

DeVuyst Jelinek Parks Willard

Dobb Jellema Perricone Wojno

Dobronski

Nays--0

In The Chair: Hertel

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, Baird, Bankes, Bodem, Brater, Byl, Curtis, Dalman, DeHart, Dobb, Gilmer, Goschka, Gubow, Jellema, Johnson, Kaza, Kelly, Kukuk, Law, Llewellyn, Mans, McBryde, Middleton, Murphy, Olshove, Parks, Profit, Raczkowski, Schermesser, Scott, Varga, Vaughn and Voorhees were named co-sponsors of the bill.

House Bill No. 5308, entitled

A bill to amend 1975 PA 228, entitled "Single business tax act," by amending section 9 (MCL 208.9), as amended by 1996 PA 347.

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

Roll Call No. 202 Yeas--104

Agee Dobronski Johnson Perricone

Alley Emerson Kaza Price

Anthony Fitzgerald Kelly Profit

Baade Frank Kilpatrick Prusi

Baird Gagliardi Kukuk Raczkowski

Bankes Galloway LaForge Rhead

Basham Geiger Law Richner

Birkholz 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 Scott

Byl Gubow Mathieu Scranton

Callahan Gustafson McBryde Sikkema

Cassis Hale McNutt Stallworth

Cherry Hammerstrom Middaugh Tesanovich

Ciaramitaro Hanley Middleton Thomas

Crissman Harder Murphy Varga

Cropsey Hertel Nye Vaughn

Curtis Hood Olshove Voorhees

Dalman Horton Owen Wallace

DeHart Jansen Oxender Whyman

DeVuyst Jelinek Palamara Willard

Dobb Jellema Parks Wojno

Nays--0

In The Chair: Hertel

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, Baird, Bankes, Basham, Birkholz, Bodem, Brater, Byl, Cherry, Cropsey, Dalman, DeHart, DeVuyst, Dobb, Gilmer, Gubow, Hammerstrom, Harder, Jansen, Jelinek, Johnson, Kelly, Kilpatrick, Kukuk, Law, Llewellyn, London, Mans, McBryde, Middaugh, Middleton, Owen, Oxender, Palamara, Parks, Perricone, Profit, Raczkowski, Rocca, Stallworth, Varga, Vaughn, Voorhees and Willard were named co-sponsors of the bill.

By unanimous consent the House returned to the order of

Motions and Resolutions

Rep. Gagliardi moved that a respectful message be sent to the Senate requesting the return of House Bill No. 4454.

The motion prevailed.

______

Rep. Bogardus moved that Rep. Quarles be excused temporarily from today's session.

The motion prevailed.

Third Reading of Bills

Senate Bill No. 794, 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).

(The bill was read a third time and postponed temporarily on March 25, see House Journal No. 30, p. 535.)

The question being on the passage of the bill,

Rep. LaForge moved to amend the bill as follows:

1. Amend page 1, line 6, after "AGENCIES" by inserting "AND THE FRIEND OF THE COURT".

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

Rep. McNutt moved to amend the bill as follows:

1. Amend page 1, line 5, after "TO" by inserting "LOCATOR".

The motion was seconded.

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

Rep. Middleton demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 203 Yeas--102

Agee Dobronski Kaza Profit

Alley Fitzgerald Kelly Prusi

Anthony Frank Kilpatrick Quarles

Baade Gagliardi Kukuk Raczkowski

Baird Galloway LaForge Rhead

Bankes Geiger Law Richner

Basham Gernaat Leland Rison

Birkholz Gilmer LeTarte Rocca

Bodem Gire Llewellyn Sanborn

Bogardus Godchaux London Schauer

Brackenridge Goschka Lowe Schermesser

Brater Green Mans Schroer

Brewer Griffin Martinez Scott

Brown Gubow Mathieu Scranton

Byl Gustafson McBryde Sikkema

Callahan Hale McNutt Stallworth

Cassis Hammerstrom Middaugh Tesanovich

Cherry Hanley Middleton Thomas

Ciaramitaro Harder Murphy Varga

Crissman Hertel Nye Vaughn

Cropsey Hood Olshove Voorhees

Curtis Horton Owen Wallace

Dalman Jansen Oxender Whyman

DeHart Jelinek Perricone Willard

DeVuyst Jellema Price Wojno

Dobb Johnson

Nays--0

In The Chair: Hertel

Rep. Cropsey moved to amend the bill as follows:

1. Amend page 2, line 5, after "NOT" by striking out "INTENTIONALLY".

The motion was seconded.

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

Rep. Cropsey demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 204 Yeas--100

Agee Emerson Kelly Profit

Alley Fitzgerald Kilpatrick Prusi

Anthony Frank Kukuk Quarles

Baird Gagliardi LaForge Raczkowski

Bankes Galloway Law Rhead

Basham Geiger Leland Richner

Birkholz Gernaat LeTarte Rison

Bodem Gilmer Llewellyn Rocca

Bogardus Gire London Sanborn

Brackenridge Godchaux Lowe Schauer

Brater Goschka Mans Schermesser

Brewer Green Mathieu Schroer

Brown Gustafson McBryde Scott

Byl Hale McNutt Scranton

Callahan Hammerstrom Middaugh Sikkema

Cassis Hanley Middleton Stallworth

Cherry Harder Murphy Tesanovich

Crissman Hertel Nye Thomas

Cropsey Hood Olshove Varga

Curtis Horton Owen Vaughn

Dalman Jansen Oxender Voorhees

DeHart Jelinek Palamara Wallace

DeVuyst Jellema Parks Whyman

Dobb Johnson Perricone Willard

Dobronski Kaza Price Wojno

Nays--0

In The Chair: Hertel

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. 205 Yeas--97

Agee Dobronski Jelinek Parks

Alley Emerson Jellema Perricone

Anthony Fitzgerald Johnson Price

Baade Frank Kelly Profit

Baird Gagliardi Kilpatrick Prusi

Bankes Galloway LaForge Quarles

Basham Geiger Law Raczkowski

Birkholz Gernaat Leland Rhead

Bodem Gilmer LeTarte Richner

Bogardus Gire Llewellyn Rison

Brackenridge Godchaux London Rocca

Brater Goschka Lowe Sanborn

Brewer Green Mans Schauer

Brown Griffin Martinez Schermesser

Byl Gubow Mathieu Schroer

Callahan Gustafson McBryde Scranton

Cassis Hale McNutt Sikkema

Cherry Hammerstrom Middaugh Stallworth

Ciaramitaro Hanley Middleton Tesanovich

Crissman Harder Murphy Varga

Curtis Hertel Olshove Wallace

Dalman Hood Owen Whyman

DeHart Horton Oxender Willard

DeVuyst Jansen Palamara Wojno

Dobb

Nays--7

Cropsey Kukuk Scott Voorhees

Kaza Nye Vaughn

In The Chair: Hertel

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

"An act to provide for the creation of a law enforcement information network policy council; to provide for the establishment of policy and promulgation of rules governing the use of the law enforcement information network; and to provide for the appointment and compensation of council members,".

The House agreed to the full title.

Senate Bill No. 795, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 221 (MCL 257.221), as amended by 1997 PA 101.

(The bill was read a third time and postponed temporarily on March 25, see House Journal No. 30, p. 533.)

The question being on the passage of the bill,

Rep. LaForge moved to amend the bill as follows:

1. Amend page 2, line 1, after "AGENCIES" by inserting "AND THE FRIEND OF THE COURT".

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. 206 Yeas--102

Agee Emerson Kelly Price

Alley Fitzgerald Kilpatrick Profit

Anthony Frank Kukuk Prusi

Baade Gagliardi LaForge Quarles

Baird Galloway Law Raczkowski

Bankes Geiger Leland Rhead

Basham Gernaat LeTarte Richner

Birkholz Gilmer Llewellyn Rison

Bodem Gire London Rocca

Bogardus Godchaux Lowe Sanborn

Brackenridge Goschka Mans Schauer

Brater Green Martinez Schermesser

Brewer Griffin Mathieu Schroer

Brown Gubow McBryde Scott

Byl Gustafson McNutt Scranton

Callahan Hale Middaugh Sikkema

Cassis Hammerstrom Middleton Stallworth

Cherry Hanley Murphy Tesanovich

Crissman Harder Nye Thomas

Cropsey Hertel Olshove Varga

Curtis Horton Owen Voorhees

Dalman Jansen Oxender Wallace

DeHart Jelinek Palamara Whyman

DeVuyst Jellema Parks Willard

Dobb Johnson Perricone Wojno

Dobronski Kaza

Nays--1

Vaughn

In The Chair: Hertel

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

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

The House agreed to the full title.

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

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

Senate Bill No. 793, entitled

A bill to amend 1996 PA 310, entitled "Uniform interstate family support act," by amending sections 103, 104, 224, 231, 306, 308, 310, 312, 501, 621, 623, and 635 (MCL 552.1103, 552.1104, 552.1224, 552.1231, 552.1306, 552.1308, 552.1310, 552.1312, 552.1501, 552.1621, 552.1623, and 552.1635) and by adding sections 501a, 501b, 501c, 501d, 638, and 639.

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

Roll Call No. 207 Yeas--104

Agee Dobronski Johnson Perricone

Alley Emerson Kaza Price

Anthony Fitzgerald Kelly Profit

Baade Frank Kilpatrick Prusi

Baird Gagliardi Kukuk Quarles

Bankes Galloway LaForge Raczkowski

Basham Geiger Law Rhead

Birkholz Gernaat Leland Richner

Bodem Gilmer LeTarte Rison

Bogardus Gire Llewellyn Rocca

Brackenridge Godchaux London Sanborn

Brater Goschka Lowe Schauer

Brewer Green Mans Schermesser

Brown Griffin Martinez Schroer

Byl Gubow Mathieu Scott

Callahan Gustafson McBryde Scranton

Cassis Hale McNutt Sikkema

Cherry Hammerstrom Middaugh Stallworth

Ciaramitaro Hanley Middleton Tesanovich

Crissman Harder Murphy Thomas

Cropsey Hertel Nye Varga

Curtis Hood Olshove Voorhees

Dalman Horton Owen Wallace

DeHart Jansen Oxender Whyman

DeVuyst Jelinek Palamara Willard

Dobb Jellema Parks Wojno

Nays--1

Vaughn

In The Chair: Hertel

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

"An act to make uniform the laws relating to interstate family support enforcement; and to repeal acts and parts of acts,".

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.

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. 4454, entitled

A bill 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.

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 concurred in the Senate substitute (S-2), as amended.

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

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

Rep. Gagliardi moved that Rule 67 be suspended.

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

Rep. Varga moved to reconsider the vote by which the House adopted the amendments offered previously by Rep. Varga.

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

The question being on concurring in the amendments offered previously by Rep. Varga,

Rep. Varga withdrew the amendments.

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

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

The motion prevailed.

______

The Speaker called the Speaker Pro Tempore to the Chair.

Second Reading of Bills

Senate Bill No. 790, entitled

A bill to amend 1982 PA 294, entitled "Friend of the court act," by amending sections 2, 9, 18, and 19 (MCL 552.502, 552.509, 552.518, and 552.519), sections 2 and 19 as amended by 1996 PA 366, section 9 as amended by 1996 PA 365, and section 18 as amended by 1996 PA 144, and by adding section 17d.

(The bill was read a second time, substitute (H-1) adopted and bill postponed temporarily on March 24, see House Journal No. 29, p. 519.)

Rep. Cropsey moved to amend the bill as follows:

1. Amend page 6, line 4, after "number." by inserting "THE REQUIREMENT OF THIS SUBDIVISION TO PROVIDE A SOCIAL SECURITY NUMBER WITH THE INFORMATION DOES NOT APPLY IF THE PARENT IS EXEMPT UNDER FEDERAL LAW FROM OBTAINING A SOCIAL SECURITY NUMBER OR IS EXEMPT UNDER FEDERAL OR STATE LAW FROM DISCLOSURE OF HIS OR HER SOCIAL SECURITY NUMBER UNDER THESE CIRCUMSTANCES. THE FRIEND OF THE COURT SHALL INFORM THE PARENT OF THIS POSSIBLE EXEMPTION.".

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

Rep. Horton moved to amend the bill as follows:

1. Amend page 6, line 22, after "STATE" by inserting "THAT EMPLOYS OR HAS EMPLOYED A PARENT".

2. Amend page 6, line 24, by striking out the first "A" and inserting "THE".

3. Amend page 6, line 27, after "ENTITY" by inserting "THIS SUBSECTION DOES NOT ABROGATE A CONFIDENTIALITY PRIVILEGE ESTABLISHED BY LAW.".

The motion prevailed and the amendments were 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 entered the House Chambers.

Rep. Brackenridge moved that Rep. Dobb 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. 790, 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. 208 Yeas--86

Alley Emerson Jellema Price

Anthony Fitzgerald Johnson Prusi

Baade Frank Kelly Quarles

Baird Freeman Kilpatrick Raczkowski

Bankes Gagliardi LaForge Rhead

Basham Galloway Leland Richner

Birkholz Geiger LeTarte Rison

Bodem Gernaat Llewellyn Rocca

Bogardus Gilmer London Sanborn

Brackenridge Gire Martinez Schauer

Brewer Godchaux Mathieu Schermesser

Brown Goschka McBryde Schroer

Byl Green McNutt Scranton

Callahan Gubow Middaugh Sikkema

Cassis Gustafson Murphy Stallworth

Cherry Hale Olshove Tesanovich

Ciaramitaro Hammerstrom Owen Thomas

Crissman Hanley Oxender Varga

Curtis Harder Palamara Wallace

Dalman Hood Parks Willard

DeHart Jansen Perricone Wojno

Dobronski Jelinek

Nays--15

Brater Kaza Middleton Vaughn

Cropsey Kukuk Nye Voorhees

DeVuyst Law Profit Whyman

Horton Lowe Scott

In The Chair: Murphy

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 1982 PA 294, entitled "An act to revise and consolidate the laws relating to the friend of the court; to provide for the appointment or removal of the friend of the court; to create the office of the friend of the court; to establish the rights, powers, and duties of the friend of the court and the office of the friend of the court; to establish a state friend of the court bureau and to provide the powers and duties of the bureau; to prescribe powers and duties of the circuit court and of certain state and local agencies and officers; to establish friend of the court citizen advisory committees; to prescribe certain duties of certain employers and former employers; and to repeal acts and parts of acts," by amending sections 2, 9, 18, and 19 (MCL 552.502, 552.509, 552.518, and 552.519), sections 2 and 19 as amended by 1996 PA 366, section 9 as amended by 1996 PA 365, and section 18 as amended by 1996 PA 144, and by adding section 17e.

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. 796, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 307 (MCL 257.307), as amended by 1996 PA 205.

(The bill was read a second time, substitute (H-1) adopted, amended, amendments offered and postponed temporarily on March 24, see House Journal No. 29, p. 520.)

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

Rep. Cropsey withdrew the amendments.

Rep. Cropsey moved to amend the bill as follows:

1. Amend page 7, following line 12, following subsection (8), by inserting:

"(9) A REQUIREMENT UNDER THIS SECTION TO INCLUDE A SOCIAL SECURITY NUMBER ON AN APPLICATION DOES NOT APPLY TO AN APPLICANT WHO IS EXEMPT UNDER FEDERAL LAW FROM OBTAINING A SOCIAL SECURITY NUMBER OR WHO IS EXEMPT UNDER FEDERAL OR STATE LAW FROM INCLUDING HIS OR HER SOCIAL SECURITY NUMBER ON SUCH AN APPLICATION. THE SECRETARY OF STATE SHALL INFORM THE APPLICANT OF THIS POSSIBLE EXEMPTION.".

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.

By unanimous consent the House returned to the order of

Third Reading of Bills

Senate Bill No. 796, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 307 (MCL 257.307), as amended by 1996 PA 205.

The bill was read a third time.

The question being on the passage of the bill,

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

The motion prevailed.

By unanimous consent the House returned to the order of

Messages from the Senate

The Senate requested the return of

House Bill No. 4454, entitled

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

The motion prevailed.

Third Reading of Bills

The House returned to the consideration of

Senate Bill No. 796, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 307 (MCL 257.307), as amended by 1996 PA 205.

(The bill was considered earlier today, see today's Journal, p. 564.)

The question being on the passage of the bill,

The bill was then not passed, a majority of the members serving not voting therefor, by yeas and nays, as follows:

Roll Call No. 209 Yeas--15

Birkholz Gubow Llewellyn Schroer

Fitzgerald Jansen London Scranton

Gilmer Johnson Price Sikkema

Godchaux LaForge Richner

Nays--82

Alley DeVuyst Kilpatrick Profit

Anthony Dobronski Kukuk Prusi

Baade Emerson Law Quarles

Baird Frank Leland Raczkowski

Bankes Gagliardi LeTarte Rhead

Basham Galloway Lowe Rison

Bodem Geiger Martinez Rocca

Bogardus Gernaat Mathieu Sanborn

Brackenridge Gire McBryde Schauer

Brater Goschka McNutt Schermesser

Brewer Green Middaugh Scott

Brown Gustafson Middleton Stallworth

Byl Hale Murphy Tesanovich

Callahan Hanley Nye Thomas

Cassis Harder Olshove Vaughn

Cherry Hood Owen Voorhees

Ciaramitaro Horton Oxender Wallace

Cropsey Jelinek Palamara Whyman

Curtis Jellema Parks Willard

Dalman Kaza Perricone Wojno

DeHart Kelly

In The Chair: Murphy

______

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

These bills grant Orwellian powers to state and federal government agencies that will result in the gross violation of the privacy rights of Michigan citizens.

The Social Security numbers of individual citizens should be exempt from disclosure to the general public.

Supporters of this legislation are saying Social Security numbers should be disclosed to the public via public records.

Opponents contend the privacy rights of individual citizens outweigh other considerations; Social Security numbers should continue to be exempt from disclosure via public rights.

This package will result in the printing of the Social Security numbers of children on their birth certificates, a public record.

It will also result in the printing of the Social Security numbers of newly-weds on their marriage licenses, another public record.

Social Security numbers already appear on another public record--death certificates issued in this state.

More ominously, this package will result in the printing of Social Security numbers of motorists on drivers licenses. What happens if a drivers license is lost, or stolen? Another gross violation of the privacy rights of Michigan citizens. Does the Michigan Secretary of State really want to be in the unenviable position of administering that requirement every four years? Probably not given the uproar that is likely to result when details of this horrible package reach the public.

'It is absurd,' an analysis of this package notes, 'for (state) governmental agencies to keep records of all citizens in order to increase collections of child support orders and to find a few more violators.'

The damage that will result from the public disclosure of these Social Security numbers far outweighs any benefit that would accrue from this legislation.

The privacy interest is compelling; it should be defended, even extended, as we did last session when we placed in state statute a prohibition against the disclosure of Social Security numbers to the public under the Freedom of Information Act.

This package does far more damage to privacy rights than disclosure under FOIA ever had the potential to bring about.

It is opening the door to horrible abuse, a great crime against a hard-fought right to privacy expected by Michigan citizens."

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

"Mr. Speaker and members of the House:

I voted no because the bill breaks the trust between the State of Michigan and its citizens. The citizens rightfully believe that the state will not use a person's Social Security Number as a government identification number."

Rep. Gagliardi moved to reconsider the vote by which the House did not pass the bill.

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

The question being on the passage of the bill,

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

The motion prevailed.

Second Reading of Bills

Senate Bill No. 797, entitled

A bill to amend 1996 PA 236, entitled "Regulated occupation support enforcement act," (MCL 338.3431 to 338.3436) by amending the title and by adding section 4a.

(The bill was read a second time, substitute (H-2) adopted, amended, amendment offered and postponed temporarily on March 24, see House Journal No. 29, p. 520.)

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

Rep. Cropsey withdrew the amendment.

Rep. Cropsey moved to amend the bill as follows:

1. Amend page 2, following line 4, following subsection (2), by inserting:

"(3) A REQUIREMENT UNDER THIS SECTION TO INCLUDE A SOCIAL SECURITY NUMBER ON AN APPLICATION DOES NOT APPLY TO AN APPLICANT WHO IS EXEMPT UNDER FEDERAL LAW FROM OBTAINING A SOCIAL SECURITY NUMBER OR WHO IS EXEMPT UNDER FEDERAL OR STATE LAW FROM INCLUDING HIS OR HER SOCIAL SECURITY NUMBER ON SUCH AN APPLICATION. THE OCCUPATIONAL REGULATORY AGENCY SHALL INFORM THE APPLICANT OF THIS POSSIBLE EXEMPTION.".

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.

By unanimous consent the House returned to the order of

Third Reading of Bills

Senate Bill No. 797, entitled

A bill to amend 1996 PA 236, entitled "Regulated occupation support enforcement act," (MCL 338.3431 to 338.3436) by amending the title and by adding section 4a.

The bill was read a third time.

The question being on the passage of the bill,

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

The motion prevailed.

Second Reading of Bills

Senate Bill No. 798, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 2813 and 16177 (MCL 333.2813 and 333.16177), section 16177 as amended by 1993 PA 80, and by adding section 21533.

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

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

Reps. Gire, LaForge and Horton moved to amend the bill as follows:

1. Amend page 3, line 11, after "NUMBER" by striking out the balance of the line through "CERTIFICATE," on line 12.

2. Amend page 3, line 13, after "LICENSE" by striking out the comma.

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

Reps. Gire, LaForge and Horton moved to amend the bill as follows:

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

"(3) A PERSON SHALL NOT INTENTIONALLY DISCLOSE, IN A MANNER NOT AUTHORIZED BY LAW OR RULE, A SOCIAL SECURITY NUMBER COLLECTED AS REQUIRED BY THIS SECTION. A VIOLATION OF THIS SUBSECTION IS A MISDEMEANOR PUNISHABLE BY IMPRISONMENT FOR NOT MORE THAN 90 DAYS OR A FINE OF NOT MORE THAN $500.00, OR BOTH. A SECOND OR SUBSEQUENT VIOLATION OF THIS SUBSECTION IS A FELONY PUNISHABLE BY IMPRISONMENT FOR NOT MORE THAN 4 YEARS OR A FINE OF NOT MORE THAN $2,000.00, OR BOTH.".

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

Rep. Cropsey moved to amend the bill as follows:

1. Amend page 3, line 14, after "CERTIFICATE." by inserting "THE DIRECTIVE UNDER THIS SUBDIVISION FOR THE INCLUSION OF A SOCIAL SECURITY NUMBER ON AN APPLICATION SHALL NOT BE REQUIRED OF AN APPLICANT WHO IS EXEMPT UNDER FEDERAL LAW FROM OBTAINING A SOCIAL SECURITY NUMBER OR WHO IS EXEMPT UNDER FEDERAL OR STATE LAW FROM INCLUDING HIS OR HER SOCIAL SECURITY NUMBER ON SUCH AN APPLICATION.".

2. Amend page 5, following line 7, by inserting:

"(4) A REQUIREMENT UNDER THIS SECTION TO INCLUDE A SOCIAL SECURITY NUMBER ON AN APPLICATION DOES NOT APPLY TO AN APPLICANT WHO IS EXEMPT UNDER FEDERAL LAW FROM OBTAINING A SOCIAL SECURITY NUMBER OR WHO IS EXEMPT UNDER FEDERAL OR STATE LAW FROM INCLUDING HIS OR HER SOCIAL SECURITY NUMBER ON SUCH AN APPLICATION. THE DEPARTMENT SHALL INFORM THE APPLICANT OF THIS POSSIBLE EXEMPTION.".

The motion prevailed and the amendments were 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.

By unanimous consent the House returned to the order of

Third Reading of Bills

Senate Bill No. 798, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 2813 and 16177 (MCL 333.2813 and 333.16177), section 16177 as amended by 1993 PA 80, and by adding section 21533.

The bill was read a third time.

The question being on the passage of the bill,

Rep. Cropsey moved to amend the bill as follows:

1. Amend page 3, following line 24, subsection (3), after "SHALL NOT" by striking out "INTENTIONALLY".

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,

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

The motion prevailed.

By unanimous consent the House returned to the order of

Reports of Select Committees

First Conference Report

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

House Bill No. 5532, entitled

A bill to make certain appropriations for the department of community health for the fiscal year ending September 30, 1998; and to provide for the expenditure of those certain appropriations.

Recommends:

First: That the Senate recede from the Substitute of the Senate as passed by the Senate.

Second: That the House and Senate agree to the Substitute of the House as passed by the House, amended to read as follows:

A bill to make certain appropriations for the department of community health for the fiscal year ending September 30, 1998; and to provide for the expenditure of those certain appropriations.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 101. There is appropriated for the department of community health for the fiscal year ending September 30, 1998, from the following funds:

DEPARTMENT OF COMMUNITY HEALTH

APPROPRIATION SUMMARY:

GROSS APPROPRIATION $ 32,091,700

ADJUSTED GROSS APPROPRIATION $ 32,091,700

Federal revenues:

Total federal revenues $ 31,591,700

State general fund/general purpose $ 500,000

MEDICAL SERVICES ADMINISTRATION

MIChild administration $ 1,200,000

GROSS APPROPRIATION $ 1,200,000

Appropriated from:

Federal revenues:

Total federal revenues $ 1,200,000

MEDICAL SERVICES

Medicaid outreach $ 5,000,000

MIChild outreach $ 2,813,000

MIChild program $ 23,078,700

GROSS APPROPRIATION $ 30,891,700

Appropriated from:

Federal revenues:

Total federal revenues $ 30,391,700

Special revenue funds:

State general fund/general purpose $ 500,000

Sec. 201. (1) The appropriation in section 101 for the MIChild program is to be used to provide comprehensive health care to all children under age 19 who reside in families with income at or below 200% of the federal poverty level, who are uninsured and have not had coverage by other comprehensive health insurance within 6 months of making application for MIChild benefits, and who are residents of this state. The department shall develop detailed eligibility criteria through the medical services administration public concurrence process, consistent with the provisions of this act. Health care coverage for children in families below 150% of the federal poverty level shall be provided through expanded eligibility under the state's Medicaid program. Health coverage for children in families between 150% and 200% of the federal poverty level shall be provided through a state-based private health care program.

(2) The department shall enter into a contract to obtain MIChild services from any health maintenance organization, dental care corporation, or any other entity that offers to provide the managed health care benefits for MIChild services at the MIChild capitated rate. As used in this subsection:

(a) "Dental care corporation", "health care corporation", "insurer", and "prudent purchaser agreement" mean those terms as defined in section 2 of the prudent purchaser act, 1984 PA 233, MCL 550.52.

(b) "Entity" means a health care corporation or insurer operating in accordance with a prudent purchaser agreement.

(3) The department may enter into contracts to obtain certain MIChild services from community mental health service programs.

(4) The department may make payments on behalf of children enrolled in the MIChild program from the line-item appropriation associated with the program as described in the MIChild state plan approved by the United States department of health and human services, or from other medical services line-item appropriations providing for specific health care services.

Sec. 202. For families applying for a MIChild benefit, the department shall do all of the following:

(a) Provide a single application for determining family eligibility for MIChild, Medicaid, and other health programs offered by the state.

(b) Allow families to submit applications for the program by mail.

(d) Provide MIChild or Medicaid coverage when eligibility is established under subdivision (c).

Sec. 203. (1) The department may seek a waiver from the United States department of health and human services that would allow the state to conduct demonstrations on expanding health coverage to families whose income is at or below 200% of poverty by allowing those families to purchase private health insurance through the use of vouchers or other cost sharing mechanisms.

(2) From the funds appropriated under 1997 PA 94 for a medical services buy-in program, the department shall provide coverage to adults in MIChild eligible families no longer receiving transitional Medicaid coverage due to employment.

Sec. 204. (1) From the funds appropriated in section 101, the department shall develop a comprehensive approach to the marketing and outreach of the MIChild program. The marketing and outreach required under this section shall be coordinated with current outreach, information dissemination, and marketing efforts and activities conducted by the department.

(2) The department shall fund allowable education and outreach activities for Medicaid eligibility determinations authorized by the personal responsibility and work opportunity reconciliation act of 1996, Public Law 104-193, 110 Stat. 2105.

Sec. 205. The department may provide up to 1 year of continuous eligibility to a family made eligible for the MIChild program unless the family's status changes and its members no longer meet the eligibility criteria as specified in the federally approved MIChild state plan.

Sec. 206. The department shall continue eligibility for all beneficiaries in the caring program for children until their eligibility for the MIChild program is established.

Sec. 207. The department may establish premiums for MIChild eligible persons in families with income above 150% of the federal poverty level. The monthly premiums shall not exceed $5.00 for a family.

Sec. 208. The department shall not require copayments under the MIChild program.

Sec. 209. Families whose category of eligibility changes between the Medicaid and MIChild programs shall be assured of keeping their current health care providers through the current prescribed course of treatment for up to 1 year, subject to periodic reviews by the department if the beneficiary has a serious medical condition and is undergoing active treatment for that condition.

Sec. 210. A department employee shall determine eligibility for each MIChild applicant.

Sec. 211. Within 120 days after the health care financing administration's approval of the state's MIChild plan, the department shall implement the MIChild program in each county of the state in which a MIChild provider is willing to provide the MIChild benefits at or below the regionally adjusted capitation rate.

Sec. 212. To be eligible for the MIChild program, a child must be residing in a family with an adjusted gross income of less than or equal to 200% of the federal poverty level. The parent's income, including stepparents' income when living with the child, or other responsible relative's income is to be used. The following verification shall be used:

(a) For annual income, a W-2 form or most recent pay stub.

(b) For child support, a court order. However, the custodial parent shall supply the department with proof of efforts to obtain that court-ordered support. Verification from the friend of the court will be considered proof of this effort. If the child support is not paid to the parent after this effort, the unpaid child support income shall not be considered for purposes of determining eligibility for MIChild.

(d) For self-employed persons, a completed internal revenue service 1040 form, first page, line 31, showing gross adjusted income.

Sec. 213. The MIChild program shall provide all benefits available under the state employee insurance plan that are delivered through the qualified health plans and consistent with federal law, including but not limited to the following medically necessary services:

(a) Inpatient mental health services, other than substance abuse treatment services, including services furnished in a state-operated mental hospital and residential or other 24-hour therapeutically planned structured services.

(b) Outpatient mental health services, other than substance abuse services, including services furnished in a state-operated mental hospital and community-based services.

(d) Dental services as outlined in the approved MIChild state plan.

(e) Substance abuse treatment services that may include inpatient, outpatient, and residential substance abuse treatment services.

(f) Care management services for mental health diagnoses.

(g) Physical therapy, occupational therapy, and services for individuals with speech, hearing, and language disorders.

(h) Emergency ambulance services.

Sec. 214. The MIChild program shall be the payer of last resort for children who have coverage through other state or federal programs or private or commercial health insurance programs.

Sec. 215. The department shall amend the state MIChild plan to reflect the requirements of this act. The state shall submit the necessary changes to the health care financing administration not later than 10 days after the health care financing administration approves the state plan, or 10 days after this act takes effect, whichever is later.

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

A bill to make certain appropriations for the department of community health for the fiscal year ending September 30, 1998; and to provide for the expenditure of those certain appropriations.

Nick Ciaramitaro

Bob Emerson

Shirley Johnson

Conferees for the House

R. Robert Geake

John Schwarz

Joe Conroy

Conferees for the Senate

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. 210 Yeas--103

Agee Emerson Kaza Profit

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

Bodem Gilmer Llewellyn Sanborn

Bogardus Gire London Schauer

Brackenridge Godchaux Lowe Schermesser

Brater Goschka Martinez Schroer

Brewer Green Mathieu Scott

Brown Gubow McBryde Scranton

Byl Gustafson McNutt Sikkema

Callahan Hale Middaugh Stallworth

Cassis Hammerstrom Middleton Tesanovich

Cherry Hanley Murphy Thomas

Ciaramitaro Harder Nye Varga

Crissman Hertel Olshove Vaughn

Cropsey Hood Owen Voorhees

Curtis Horton Oxender Wallace

Dalman Jansen Palamara Whyman

DeHart Jelinek Parks Willard

DeVuyst Jellema Perricone Wojno

Dobronski Johnson Price

Nays--0

In The Chair: Murphy

Reps. Agee, Alley, Baade, Baird, Bankes, Basham, Birkholz, Bodem, Bogardus, Brackenridge, Brater, Brewer, Brown, Cassis, Cherry, Crissman, Cropsey, Curtis, Dalman, DeHart, DeVuyst, Frank, Freeman, Gagliardi, Galloway, Geiger, Gernaat, Gilmer, Gire, Goschka, Gubow, Hammerstrom, Hanley, Harder, Hood, Horton, Jansen, Jelinek, Jellema, Kelly, Kukuk, LaForge, Law, Leland, Llewellyn, London, Lowe, Martinez, McBryde, Middaugh, Murphy, Owen, Oxender, Palamara, Parks, Perricone, Profit, Prusi, Rhead, Richner, Rison, Rocca, Schauer, Schermesser, Scott, Scranton, Sikkema, Tesanovich, Thomas, Varga, Vaughn, Voorhees, Wallace and Willard were named co-sponsors of the bill.

Third Reading of Bills

Senate Bill No. 717, entitled

A bill to amend 1933 PA 167, entitled "General sales tax act," by amending section 4g (MCL 205.54g), as amended by 1996 PA 576.

(The bill was considered on Third Reading, amendment adopted and bill postponed temporarily on March 18, see House Journal No. 27, p. 478.)

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. 211 Yeas--90

Alley Fitzgerald Kaza Price

Anthony Frank Kelly Profit

Baade Gagliardi Kukuk Prusi

Bankes Galloway LaForge Raczkowski

Basham Geiger Law Rhead

Birkholz Gernaat Leland Richner

Bodem Gilmer LeTarte Rocca

Brackenridge Gire Llewellyn Sanborn

Brater Godchaux London Schauer

Brewer Goschka Lowe Schermesser

Brown Green Mathieu Schroer

Byl Gustafson McBryde Scranton

Callahan Hale McNutt Sikkema

Cassis Hammerstrom Middaugh Stallworth

Cherry Hanley Middleton Tesanovich

Crissman Harder Nye Thomas

Cropsey Hertel Olshove Varga

Curtis Hood Owen Voorhees

Dalman Horton Oxender Wallace

DeHart Jansen Palamara Whyman

DeVuyst Jelinek Parks Willard

Dobronski Jellema Perricone Wojno

Emerson Johnson

Nays--12

Agee Ciaramitaro Kilpatrick Rison

Baird Freeman Martinez Scott

Bogardus Gubow Quarles Vaughn

In The Chair: Murphy

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

"An act to provide for the raising of additional public revenue by prescribing certain specific taxes, fees, and charges to be paid to the state for the privilege of engaging in certain business activities; to provide, incident to the enforcement thereof, for the issuance of licenses to engage in such occupations; to provide for the ascertainment, assessment and collection thereof; to appropriate the proceeds thereof; and to prescribe penalties for violations of the provisions of this act,".

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.

______

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

Second Reading of Bills

House Bill No. 5535, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending section 4038 (MCL 500.4038), as added by 1993 PA 349.

Was read a second time, and the question being on the adoption of the proposed amendment previously recommended by the Committee on Insurance (for amendment, see House Journal No. 22, p. 395),

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

Rep. Gubow 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. 5608, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending sections 224, 476a, and 5256 (MCL 500.224, 500.476a, and 500.5256), section 224 as amended by 1994 PA 228 and sections 476a and 5256 as amended by 1990 PA 256.

The bill was read a second time.

Rep. Gubow 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. 5604, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," (MCL 600.101 to 600.9948) by adding sections 8650, 8651, 8652, and 8653.

(The bill was read a second time, substitute (H-2) adopted, amended and bill postponed temporarily on March 25, see House Journal No. 30, p. 534.)

Rep. Nye moved to amend the bill as follows:

1. Amend page 5, line 1, after "FIRMS." by striking out the balance of the subsection and inserting "IF A COURT REPORTING FIRM OR A COURT REPORTER, RECORDER, OR STENOMASK REPORTER FAILS TO COMPLY WITH THIS SUBSECTION, THE STATE COURT ADMINISTRATIVE OFFICE MAY ASSESS A REASONABLE ADMINISTRATIVE FINE THAT IS PRESCRIBED BY RULE OF THE SUPREME COURT, THAT DOES NOT EXCEED $500.00, AND THAT IS PAYABLE TO THE STATE GENERAL FUND.".

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

Rep. Wallace 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. 415, 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 section 39 of chapter X (MCL 710.39), as amended by 1996 PA 409.

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. 23, p. 410),

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

Rep. Nye moved to amend the bill as follows:

1. Amend page 2, line 23, after "purposes." by striking out the balance of the subsection and inserting "UPON ENTRY OF AN ORDER GRANTING CUSTODY AND LEGITIMATING THE CHILD, THE CLERK OF THE COURT SHALL COLLECT A FEE OF $35.00 FROM THE PUTATIVE FATHER. THE CLERK SHALL RETAIN $9.00 OF THE FEE AND REMIT THE $26.00 BALANCE, ALONG WITH A WRITTEN REPORT OF THE ORDER GRANTING CUSTODY AND LEGITIMATING THE CHILD, TO THE DIRECTOR OF THE DEPARTMENT OF COMMUNITY HEALTH. THE REPORT SHALL BE ON A FORM PRESCRIBED BY OR IN A MANNER APPROVED BY THE DIRECTOR OF THE DEPARTMENT OF COMMUNITY HEALTH. REGARDLESS OF WHETHER THE FEE REQUIRED BY THIS SECTION IS COLLECTED, THE CLERK SHALL TRANSMIT AND THE DEPARTMENT OF COMMUNITY HEALTH SHALL RECEIVE THE REPORT OF THE ORDER GRANTING CUSTODY AND LEGITIMATING THE CHILD.

Enacting section 1. This amendatory act takes effect September 1, 1998.".

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. 4765, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 207 (MCL 257.207), as amended by 1996 PA 102.

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

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

Rep. McNutt 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 resumed the Chair.

Rep. Gubow moved that Rep. Gire be excused temporarily from today's session.

The motion prevailed.

Rep. Gagliardi moved that Reps. Prusi, Palamara, and Profit be excused temporarily from today's session.

The motion prevailed.

By unanimous consent the House returned to the order of

Third Reading of Bills

The House returned to the consideration of

Senate Bill No. 796, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 307 (MCL 257.307), as amended by 1996 PA 205.

(The bill was considered earlier today, see today's Journal, p. 563.)

The question being on the passage of the bill,

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

The motion prevailed.

______

The Speaker called Acting Speaker Hanley to the Chair.

By unanimous consent the House returned to the order of

Messages from the Senate

Senate Concurrent Resolution No. 76.

A concurrent resolution prescribing the legislative schedule.

Resolved by the Senate (the House of Representatives concurring), That when the Senate adjourns on Thursday, March 26, 1998, it stand adjourned until Tuesday, April 14, 1998, at 10:00 a.m.; and be it further

Resolved, That when the House of Representatives adjourns on Thursday, April 2, 1998, it stand adjourned until Tuesday, April 21, 1998, at 2:00 p.m.

The Senate has adopted the concurrent resolution.

Pending the reference of the concurrent resolution to a committee,

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,

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

House Bill No. 4454, entitled

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

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

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

Rep. Gagliardi moved that Rule 45 be suspended.

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

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. 212 Yeas--96

Agee Dobronski Jellema Price

Anthony Emerson Johnson Quarles

Baade Fitzgerald Kelly Raczkowski

Baird Frank Kilpatrick Rhead

Bankes Freeman Kukuk Richner

Basham Gagliardi LaForge Rison

Birkholz Galloway Law Rocca

Bodem Geiger Leland Sanborn

Bogardus Gernaat LeTarte Schauer

Brackenridge Gilmer Llewellyn Schermesser

Brater Godchaux London Schroer

Brewer Goschka Lowe Scott

Brown Green Martinez Scranton

Byl Gubow Mathieu Sikkema

Callahan Gustafson McBryde Stallworth

Cassis Hale McNutt Tesanovich

Cherry Hammerstrom Middaugh Thomas

Ciaramitaro Hanley Middleton Varga

Crissman Harder Murphy Vaughn

Cropsey Hertel Olshove Voorhees

Curtis Hood Owen Wallace

Dalman Horton Oxender Whyman

DeHart Jansen Parks Willard

DeVuyst Jelinek Perricone Wojno

Nays--0

In The Chair: Hanley

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

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

The motion prevailed.

Rep. Gagliardi moved that when the House adjourns today it stand adjourned until Tuesday, March 31, at 2:00 p.m.

The motion prevailed.

By unanimous consent the House returned to the order of

Motions and Resolutions

Reps. DeHart, Cherry, Kelly, Dobronski, Gubow, Martinez, Hale, Anthony, Baird, Schermesser, Tesanovich, Prusi, Godchaux, Bogardus, Profit, Dalman, Quarles, Thomas, Parks, Goschka, Brater, Murphy, Scott, Freeman, Hood, Callahan and Kilpatrick offered the following resolution:

House Resolution No. 245.

A resolution recognizing April 3, 1998, as National Pay Inequity Awareness Day.

Whereas, More than 30 years after the passage of the Equal Pay Act, women continue to suffer from an unfair gap between the salaries of women and men; and

Whereas, According to the Census Bureau Current Population Report, women only earn 73.8% of what men earn; and

Whereas, A state-by-state study revealed that the salaries earned by Michigan women rank 45th in the country when compared to their male counterpart's salaries. Michigan women earn 61.8% of what Michigan men earn; and

Whereas, April 3 marks the day that women's pay, combined with her earnings from the previous year, finally equals the wages a man is paid in just one calendar year; and

Whereas, On April 3, 1998, women across the nation will join together to call attention to the inequity between the wages of women and men; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body recognize April 3, 1998, as National Pay Inequity Awareness Day; and be it further

Resolved, That a copy of this resolution be transmitted to Westland Business and Professional Women as a token of our esteem.

The resolution was referred to the Committee on Labor and Occupational Safety.

Reps. Kilpatrick, Cherry, Kelly, Dobronski, DeHart, Gubow, Martinez, Hale, Anthony, Baird, Schermesser, Tesanovich, Prusi, Godchaux, Bogardus, Profit, Bodem, Quarles, Thomas, Parks, Goschka, Brater, Murphy, Scott, Freeman and Hood offered the following resolution:

House Resolution No. 246.

A resolution recognizing the month of April as Fair Housing Month in Michigan.

Whereas, On April 11, 1968, the United States Fair Housing Law, Title VIII of the Civil Rights Act of 1968, as amended, mandated through its inscription the entitlement of fair housing opportunities for all citizens without regard to race, color, religion, national origin, sex, and handicap or family status; and

Whereas, The 1977 Elliot-Larsen Civil Rights Act of Michigan further deems it unlawful to discriminate based on age or marital status; and

Whereas, Equal opportunity in housing can best be accomplished through leadership, example, education and the mutual cooperation of the public and all who are affiliated with the real estate industry; and

Whereas, The State of Michigan and the Michigan Association of REALTORS are committed, under the "Many Neighborhoods - One America" effort to uphold and promote the Fair Housing Law, Title VIII of the Civil Rights Act of 1968, through continued efforts to address discrimination in our communities, educate the public on equal housing opportunities, and encourage partnership efforts among organizations to help guarantee equal housing opportunities for every American; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare the month of April as Fair Housing Month in celebration of the laws and efforts of its citizens to remove impediments to equal housing opportunity and to highlight and promote the significance of the U.S. Fair Housing Law, Title VIII of the Civil Rights Act of 1968, as it assures the right of all citizens to continued freedom of choice in housing and private property ownership; and be it further

Resolved, That a copy of this resolution be presented to the members of the Michigan Association of REALTORS as we, the members of the Michigan House of Representatives, affirm that April 1998 marks the beginning of the observation of the fair housing law under the theme of "Many Neighborhoods - One America" in Michigan. We urge all citizens to join us in recognizing the month of April as the anniversary of the inception of fair housing initiatives throughout the United States.

The resolution was referred to the Committee on Urban Policy and Economic Development.

Reps. Wallace, Baird, Gubow, Price, Dobronski, Martinez, Schroer, Ciaramitaro, Murphy, Agee, Parks, Varga, Owen and Stallworth offered the following resolution:

House Resolution No. 247.

A resolution to call on the Michigan Sentencing Commission to revise its proposed sentencing guidelines and submit them to the Clerk of the House and the Secretary of the Senate within 90 days.

Whereas, Since its establishment pursuant to 1994 PA 445, the Michigan Sentencing Commission has compiled a large volume of information on our state's experiences and projected needs with regard to criminals and the time they serve in our corrections system's facilities. This task has involved extensive study and assembly of data. The Michigan Sentencing Commission has presented recommendations for guidelines to be used by judges in sentencing offenders; and

Whereas, Several issues need to be addressed further by the commission; now, therefore, be it

Resolved by the House of Representatives, That we call on the Michigan Sentencing Commission to revise its proposed sentencing guidelines and, pursuant to the Code of Criminal Procedure, 1927 PA 175, as amended by 1994 PA 445, submit them to the Clerk of the House and the Secretary of the Senate within 90 days. We call on the commission to do the following:

--Analyze the impact of the proposed guidelines on county

correctional resources, particularly jail bed space and the

jail reimbursement program.

--Develop a simple mechanism for applying the proposed

guidelines to sentences imposed after probation has been

revoked.

--Determine how many probation violators are currently

sentenced to prison for technical violations as opposed to new

offenses.

--Determine the impact of applying the proposed guidelines to

probation violators.

--Develop guidelines ranges for all drug offenses to which

mandatory sentences currently apply in the same manner that

ranges have been developed for other offenses.

--Compare the sentences that would result from applying the

proposed guidelines to all prisoners with prior records

without using separate habitual offender grids to the

sentences that will result from using the proposed separate

grids.

--Compare, by type of offense, the average minimum sentence

dictated by the proposed guidelines and the actual average

sentence prisoners are currently being required to serve by

the parole board. This comparison should include life

sentences in all calculations.

--Examine detailed demographic information regarding current

prisoners, including race, sex, ethnicity, socioeconomic

status, educational levels, and mental health history, to

determine the impact of the proposed guidelines on individuals

with each characteristic.

The resolution was referred to the Committee on Judiciary.

Reps. Wallace, Baird, Gubow, Price, Ciaramitaro, Dobronski, Martinez, Schroer, Murphy, Agee, Parks, Varga, Owen and Stallworth offered the following concurrent resolution:

House Concurrent Resolution No. 92.

A concurrent resolution to call on the Michigan Sentencing Commission to revise its proposed sentencing guidelines and submit them to the Clerk of the House and the Secretary of the Senate within 90 days.

Whereas, Several issues need to be addressed further by the commission; now, therefore, be it

Resolved by the House of Representatives (the Senate concurring), That we call on the Michigan Sentencing Commission to revise its proposed sentencing guidelines and, pursuant to the Code of Criminal Procedure, 1927 PA 175, as amended by 1994 PA 445, submit them to the Clerk of the House and the Secretary of the Senate within 90 days. We call on the commission to do the following:

--Analyze the impact of the proposed guidelines on county

correctional resources, particularly jail bed space and the

jail reimbursement program.

--Develop a simple mechanism for applying the proposed

guidelines to sentences imposed after probation has been

revoked.

--Determine how many probation violators are currently

sentenced to prison for technical violations as opposed to new

offenses.

--Determine the impact of applying the proposed guidelines to

probation violators.

--Develop guidelines ranges for all drug offenses to which

mandatory sentences currently apply in the same manner that

ranges have been developed for other offenses.

--Compare the sentences that would result from applying the

proposed guidelines to all prisoners with prior records

without using separate habitual offender grids to the

sentences that will result from using the proposed separate

grids.

--Compare, by type of offense, the average minimum sentence

dictated by the proposed guidelines and the actual average

sentence prisoners are currently being required to serve by

the parole board. This comparison should include life

sentences in all calculations.

--Examine detailed demographic information regarding current

prisoners, including race, sex, ethnicity, socioeconomic

status, educational levels, and mental health history, to

determine the impact of the proposed guidelines on individuals

with each characteristic.

The concurrent resolution was referred to the Committee on Judiciary.

Reports of Standing Committees

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

House Bill No. 4482, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 368 (MCL 750.368) and by adding sections 217b, 478a, and 478b.

With the recommendation that the substitute (H-2) be adopted and that the bill then pass.

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

Favorable Roll Call

HB 4482 To Report Out:

Yeas: Reps. Wallace, Baird, Curtis, Freeman, Gubow, Schauer, Vaughn, Wojno, Nye, Dalman, Fitzgerald, McNutt, Richner,

Nays: None.

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, March 24, 1998, at 9:00 a.m.,

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

Absent: Reps. Willard, Law,

Excused: Reps. Willard, Law.

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

House Bill No. 4363, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 503b.

With the recommendation that the substitute (H-6) be adopted and that the bill then pass.

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

Favorable Roll Call

HB 4363 To Report Out:

Yeas: Reps. Alley, Callahan, Anthony, Brater, Brown, LaForge, Mans, Schermesser, Wetters, Basham, Birkholz, Bodem, Byl, DeVuyst, McNutt,

Nays: None.

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

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.

With the recommendation that the substitute (H-2) be adopted and that the bill then pass.

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

Favorable Roll Call

HB 5366 To Report Out:

Yeas: Reps. Alley, Callahan, Anthony, Brown, LaForge, Mans, Schermesser, Basham, Middaugh, Birkholz, Bodem, DeVuyst, McNutt,

Nays: Rep. Brater.

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

Senate Bill No. 554, entitled

A bill to regulate the transportation of certain hazardous materials; to prescribe the powers and duties of certain state agencies and officials; and to prescribe penalties and provide remedies.

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

1. Amend page 13, line 19, after "effect" by striking out "July" and inserting "September".

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

Favorable Roll Call

SB 554 To Report Out:

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

Nays: None.

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

Senate Bill No. 729, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 11104, 11126, 11130, 11133, 11138, 11144, 11146, 11147, and 11148 (MCL 324.11104, 324.11126, 324.11130, 324.11133, 324.11138, 324.11144, 324.11146, 324.11147, and 324.11148) and by adding section 11132a; and to repeal acts and parts of acts.

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

1. Amend page 6, line 13, after "DO" by inserting "ALL OF".

2. Amend page 6, line 20, after "POLICE," by striking out the balance of the line through "HEALTH," on line 22.

3. Amend page 7, line 10, after "POLICE," by striking out the balance of the line through "HEALTH," on line 12.

4. Amend page 8, line 21, after "do" by inserting "ALL OF".

5. Amend page 14, following line 23, by striking out all of enacting section 2 and inserting:

"Enacting section 2. This amendatory act takes effect September 1, 1998.".

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

Favorable Roll Call

SB 729 To Report Out:

Yeas: Reps. Alley, Callahan, Anthony, Brater, Brown, Kilpatrick, LaForge, Mans, Schermesser, Basham, Middaugh, Birkholz, Bodem, DeVuyst, McNutt,

Nays: None.

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

Senate Bill No. 730, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 12101, 12102, 12103, 12105, 12106, 12107, 12109, 12114, and 12116 (MCL 324.12101, 324.12102, 324.12103, 324.12105, 324.12106, 324.12107, 324.12109, 324.12114, and 324.12116), sections 12101 and 12102 as amended by 1995 PA 61; and to repeal acts and parts of acts.

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

1. Amend page 18, following line 16, by striking out all of enacting section 2 and inserting:

"Enacting section 2. This amendatory act takes effect September 1, 1998.".

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

Favorable Roll Call

SB 730 To Report Out:

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

Nays: None.

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

Senate Bill No. 731, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 4701 (MCL 600.4701), as amended by 1996 PA 327.

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

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

Favorable Roll Call

SB 731 To Report Out:

Yeas: Reps. Alley, Callahan, Anthony, Brater, LaForge, Mans, Schermesser, Wetters, Basham, Middaugh, Birkholz, Bodem, Byl, DeVuyst, McNutt,

Nays: None.

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, March 25, 1998, at 10:30 a.m.,

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

Absent: Reps. McManus, Walberg,

Excused: Reps. McManus, Walberg.

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

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.

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

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

Favorable Roll Call

HB 5593 To Report Out:

Yeas: Reps. Hood, Mathieu, Emerson, Frank, Hale, Kelly, Martinez, Owen, Parks, Price, Prusi, Rison, Schroer, Stallworth, Tesanovich, Gilmer, Bankes, Bobier, Geiger, Jansen, Jellema, McBryde, Oxender,

Nays: None.

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

House Bill No. 5597, entitled

A bill to make appropriations for the department of military and veterans affairs for the fiscal year ending September 30, 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.

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

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

Favorable Roll Call

HB 5597 To Report Out:

Yeas: Reps. Hood, Mathieu, Emerson, Frank, Hale, Kelly, Martinez, Owen, Parks, Price, Prusi, Rison, Schroer, Stallworth, Tesanovich, Gilmer, Bankes, Bobier, Geiger, Jansen, Jellema, McBryde, Oxender,

Nays: None.

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

Senate Concurrent Resolution No. 61.

A concurrent resolution approving the conveyance of property to the State Building Authority and approving a lease among the State of Michigan, the State Building Authority, and Grand Rapids Community College relative to the Grand Rapids Community College Science Facility.

(For text of resolution, see House Journal No. 21, p. 377.)

With the recommendation that the concurrent resolution be adopted.

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

Favorable Roll Call

SCR 61 To Report Out:

Yeas: Reps. Hood, Mathieu, Ciaramitaro, Emerson, Frank, Hale, Harder, Kelly, Martinez, Owen, Parks, Price, Prusi, Schroer, Stallworth, Tesanovich, Gilmer, Bobier, Geiger, Godchaux, Jansen, Jellema, Johnson, McBryde, Oxender,

Nays: None.

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

Senate Concurrent Resolution No. 62.

A concurrent resolution to change the scope of the Remodeling and Upgrade of the College of Engineering and Applied Sciences Buildings project at Western Michigan University.

(For text of resolution, see House Journal No. 21, p. 378.)

With the recommendation that the concurrent resolution be adopted.

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

Favorable Roll Call

SCR 62 To Report Out:

Yeas: Reps. Hood, Mathieu, Ciaramitaro, Emerson, Frank, Hale, Harder, Kelly, Martinez, Owen, Parks, Price, Prusi, Rison, Schroer, Stallworth, Tesanovich, Gilmer, Bankes, Bobier, Geiger, Godchaux, Jansen, Jellema, Johnson, McBryde, Oxender,

Nays: None.

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

Senate Concurrent Resolution No. 64.

A concurrent resolution approving the conveyance of property to the State Building Authority and approving a lease between the State of Michigan and the State Building Authority relative to the Department of Corrections St. Louis Correctional Facility.

(For text of resolution, see House Journal No. 21, p. 379.)

With the recommendation that the concurrent resolution be adopted.

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

Favorable Roll Call

SCR 64 To Report Out:

Yeas: Reps. Hood, Mathieu, Ciaramitaro, Emerson, Frank, Harder, Kelly, Owen, Parks, Prusi, Tesanovich, Gilmer, Bankes, Bobier, Geiger, Godchaux, Jansen, Jellema, Johnson, McBryde, Oxender,

Nays: Reps. Hale, Martinez, Price, Schroer, Stallworth.

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

Senate Concurrent Resolution No. 65.

A concurrent resolution approving the conveyance of property to the State Building Authority and approving a lease among the State of Michigan, the State Building Authority, and Mid Michigan Community College relative to the Mid Michigan Community College Instructional Classrooms, Laboratories, and Student Services Facilities Harrison Campus.

(For text of resolution, see House Journal No. 21, p. 379.)

With the recommendation that the concurrent resolution be adopted.

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

Favorable Roll Call

SCR 65 To Report Out:

Yeas: Reps. Hood, Mathieu, Ciaramitaro, Emerson, Frank, Hale, Harder, Kelly, Martinez, Owen, Parks, Price, Prusi, Schroer, Stallworth, Tesanovich, Gilmer, Bankes, Bobier, Geiger, Godchaux, Jansen, Jellema, Johnson, McBryde, Oxender,

Nays: None.

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

Senate Concurrent Resolution No. 66.

A concurrent resolution approving an increase in the total facility cost and a lease among the State of Michigan, the State Building Authority, and Eastern Michigan University relative to the Eastern Michigan University College of Education Building (Renovation of Existing Library).

(For text of resolution, see House Journal No. 21, p. 380.)

With the recommendation that the concurrent resolution be adopted.

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

Favorable Roll Call

SCR 66 To Report Out:

Nays: None.

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

Senate Concurrent Resolution No. 67.

A concurrent resolution approving an increase in the total facility cost and a lease among the State of Michigan, the State Building Authority, and Oakland Community College relative to the Oakland Community College Renovation of Building "F".

(For text of resolution, see House Journal No. 21, p. 381.)

With the recommendation that the concurrent resolution be adopted.

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

Favorable Roll Call

SCR 67 To Report Out:

Nays: None.

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

Senate Concurrent Resolution No. 68.

A concurrent resolution approving the conveyance of property to the State Building Authority and approving a lease among the State of Michigan, the State Building Authority, and the Board of Trustees of Michigan State University relative to the Michigan State University Animal Agriculture-Farms Buildings Modernization.

(For text of resolution, see House Journal No. 21, p. 381.)

With the recommendation that the concurrent resolution be adopted.

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

Favorable Roll Call

SCR 68 To Report Out:

Nays: None.

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

Senate Concurrent Resolution No. 69.

A concurrent resolution approving the conveyance of property to the State Building Authority and approving a lease among the State of Michigan, the State Building Authority, and Ferris State University relative to the Ferris State University Elastomer Institute.

(For text of resolution, see House Journal No. 21, p. 382.)

With the recommendation that the concurrent resolution be adopted.

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

Favorable Roll Call

SCR 69 To Report Out:

Nays: None.

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

Senate Concurrent Resolution No. 70.

A concurrent resolution to increase the total project cost of the Grand Valley State University School of Business and Graduate Library project.

(For text of resolution, see House Journal No. 21, p. 383.)

With the recommendation that the concurrent resolution be adopted.

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

Favorable Roll Call

SCR 70 To Report Out:

Nays: None.

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

Senate Concurrent Resolution No. 71.

A concurrent resolution to increase the total project cost and change the scope of the University of Michigan-Flint Professional Studies and Classroom Building project.

(For text of resolution, see House Journal No. 21, p. 383.)

With the recommendation that the concurrent resolution be adopted.

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

Favorable Roll Call

SCR 71 To Report Out:

Nays: None.

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, March 25, 1998, at 1:00 p.m.,

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

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, March 25, 1998, at 3:50 p.m.,

Present: Reps. Gubow, Scott, Bogardus, Dobronski, Thomas, Vaughn, Basham, Llewellyn, Green, Jelinek, Law, London, Middaugh, Voorhees,

Absent: Reps. Palamara, Profit, Varga,

Excused: Reps. Palamara, Profit, Varga.

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Thursday, March 26, 1998, at 8:30 a.m.,

Present: Reps. Hanley, Schauer, LaForge, Cassis, Byl, Raczkowski, Voorhees,

Absent: Reps. Baird, Thomas,

Excused: Reps. Baird, Thomas.

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Varga, Chair of the Committee on Regulatory Affairs, was received and read:

Meeting held on: Thursday, March 26, 1998, at 9:00 a.m.,

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

Absent: Rep. Quarles,

Excused: Rep. Quarles.

Announcement by the Clerk of Printing and Enrollment

The Clerk announced that the following Senate bills had been received on Thursday, March 26:

Senate Bill Nos. 268 269 271 789 830 852 865 870 897 905 953 989 990 991

By unanimous consent the House returned to the order of

Messages from the Senate

House Bill No. 5532, entitled

A bill to make certain appropriations for the department of community health for the fiscal year ending September 30, 1998; and to provide for the expenditure of those certain appropriations.

(For text of conference report, see today's Journal, p. 567.)

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. 5136, entitled

A bill to amend 1976 PA 399, entitled "Safe drinking water act," by amending the title and sections 2, 4, 5, 7, 8, 9, 14, and 16 (MCL 325.1002, 325.1004, 325.1005, 325.1007, 325.1008, 325.1009, 325.1014, and 325.1016), the title and sections 2, 7, and 9 as amended by 1993 PA 165, and by adding section 3b.

The Senate has amended the bill as follows:

1. Amend page 2, following line 8, by inserting:

"SEC. 1A. IT IS THE INTENT OF THE LEGISLATURE TO PROVIDE ADEQUATE WATER RESOURCES RESEARCH INSTITUTES AND OTHER FACILITIES WITHIN THE STATE OF MICHIGAN SO THAT THE STATE MAY ASSURE THE LONG-TERM HEALTH OF ITS PUBLIC WATER SUPPLIES AND OTHER VITAL NATURAL RESOURCES.".

2. Amend page 14, line 23, by striking out all of section 14 and inserting:

"Sec. 14. (1) A supplier of water shall file with the department such reports and shall maintain such records as the department may by rule require. THE DEPARTMENT MAY BY RULE REQUIRE A SUPPLIER OF WATER TO PROVIDE ADDITIONAL REPORTS AND NOTICES TO ITS CUSTOMERS. THE RULES SHALL INCLUDE THE REQUIRED CONTENT OF THE REPORTS AND NOTICES AND THE FREQUENCY AND THE MANNER OF DELIVERY OF THE REPORTS AND NOTICES.

(2) A SUPPLIER OF WATER SHALL PROVIDE TO ITS CUSTOMERS CONSUMER CONFIDENCE REPORTS AS REQUIRED BY TITLE XIV OF THE PUBLIC HEALTH SERVICE ACT, CHAPTER 373, 88 STAT. 1660, POPULARLY KNOWN AS THE SAFE DRINKING WATER ACT. THE DEPARTMENT SHALL PROMULGATE RULES RELATING TO CONSUMER CONFIDENCE REPORTS INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING:

(A) THE CONTENT OF THE REPORTS.

(B) THE MANNER OF DELIVERY OF THE REPORTS.

(D) IF A SOURCE WATER ASSESSMENT HAS BEEN COMPLETED, A REQUIREMENT THAT THE REPORTS CONTAIN A NOTIFICATION OF THE AVAILABILITY OF THE SOURCE WATER ASSESSMENT AND THE MEANS TO OBTAIN A COPY.

(3) IF REGULATED CONTAMINANTS ARE DETECTED IN A PUBLIC WATER SUPPLY, AND CERTAIN SUBPOPULATIONS ARE PARTICULARLY VULNERABLE TO THE ADVERSE EFFECTS BECAUSE OF AGE, GENDER, PREGNANCY, OR PREEXISTING MEDICAL CONDITIONS, THE CONSUMER CONFIDENCE REPORT OR OTHER REPORTS AND NOTICES, OR BOTH, SHALL CONTAIN INFORMATION RELATED TO ALL OF THE FOLLOWING:

(A) THE CONTAMINANT THAT WAS DETECTED.

(B) THE LEVEL OF THE CONTAMINANT THAT WAS DETECTED.

(D) THE POTENTIAL ADVERSE HEALTH EFFECTS ASSOCIATED WITH EXPOSURE OF THE VULNERABLE POPULATION TO THE LEVEL OF CONTAMINANT DETECTED IN THE WATER SUPPLY.

(4) THE REQUIREMENT IN SUBSECTION (3) SHALL ONLY APPLY IF THE DEPARTMENT PROVIDES SUPPLIERS OF WATER WITH STATEMENTS DERIVED FROM THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY OR OTHER SOURCES DETERMINED BY THE DEPARTMENT TO BE RELIABLE CONCERNING THE ADVERSE EFFECTS OF REGULATED CONTAMINANTS ON VULNERABLE SUBPOPULATIONS. THE STATEMENTS SHALL BE IN A FORM THAT CAN BE EASILY INSERTED INTO THE CONSUMER CONFIDENCE REPORTS OR OTHER REPORTS AND NOTICES PROVIDED FOR IN THIS SECTION.

(5) IF FEASIBLE FROM A COST PERSPECTIVE, THE DEPARTMENT MAY MAKE CONSUMER CONFIDENCEREPORTS PROVIDED FOR UNDER THIS SECTION AVAILABLE AT A SINGLE WEBSITE ON THE INTERNET.".

The Senate has passed the bill as amended, ordered that it be given immediate effect and amended the title to read as follows:

A bill to amend 1976 PA 399, entitled "An act to protect the public health; to provide for supervision and control over public water supplies; to prescribe the powers and duties of the department of public health; to provide for the submission of plans and specifications for waterworks systems and the issuance of construction permits therefor; to provide for the classification of public water supplies and the examination, certification and regulation of persons operating those systems; to provide for continuous, adequate operation of privately owned, public water supplies; to authorize the promulgation of rules to carry out the intent of the act; to create the water supply fund; to provide for the administration of the water supply fund; and to provide penalties," by amending the title and sections 2, 4, 5, 7, 8, 9, 14, and 16 (MCL 325.1002, 325.1004, 325.1005, 325.1007, 325.1008, 325.1009, 325.1014, and 325.1016), the title and sections 2, 7, and 9 as amended by 1993 PA 165, and by adding sections 1a and 3b.

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

House Bill No. 5607, entitled

A bill to require contractors to provide certain notices to governmental entities concerning improvements on real property; to allow for the modification of contracts for improvement to real property; to provide for remedies; and to repeal acts and parts of acts.

The Senate has amended the bill as follows:

1. Amend page 4, line 11, after "effective" by striking out "June 30, 2002" and inserting "December 31, 2001.

Enacting section 1. This act takes effect 180 days after the date this act is enacted.".

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

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

Senate Bill No. 271, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending sections 316, 317, 321, and 324 (MCL 750.316, 750.317, 750.321, and 750.324), section 316 as amended by 1996 PA 21.

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. 789, entitled

A bill to amend 1969 PA 317, entitled "Worker's disability compensation act of 1969," by amending section 405 (MCL 418.405), as amended by 1980 PA 457.

The Senate has passed the bill.

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

Senate Bill No. 830, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 44522 (MCL 324.44522), as added by 1995 PA 57.

The Senate has passed the bill.

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

Senate Bill No. 865, entitled

A bill to promote the safe use of personal watercraft on the waters of this state; to provide for rules relative to the operation of personal watercraft; to impose certain safety requirements on operators of personal watercraft; to prescribe the duties and responsibilities of owners, operators, and dealers of personal watercraft; to prescribe the powers and duties of certain state departments; to provide for penalties; and to repeal acts and parts of acts.

The Senate has passed the bill.

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

Senate Bill No. 897, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 9f (MCL 764.9f), as amended by 1996 PA 81.

The Senate has passed the bill.

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

Senate Bill No. 905, entitled

A bill to make appropriations for various state departments and agencies for the fiscal year ending September 30, 1998; and to provide for the expenditure of the appropriations.

The Senate has passed the bill.

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

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 passed the bill.

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

Senate Bill No. 908, entitled

A bill to make appropriations for the department of community health and certain state purposes related to mental health, public health, and medical services for the fiscal year ending September 30, 1999; to provide for the expenditure of such appropriations; to create funds; to provide for reports; to prescribe the powers and duties of certain local and state agencies and departments; and to provide for disposition of fees and other income received by the various state agencies.

The Senate has passed the bill.

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

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 passed the bill.

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

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 passed the bill.

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

Senate Bill No. 911, entitled

A bill to make appropriations for the state institutions of higher education and certain state purposes related to education for the fiscal year ending September 30, 1999; to provide for the expenditures of those appropriations; and to prescribe the powers and duties of certain state departments, institutions, agencies, employees, and officers.

The Senate has passed the bill.

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

Senate Bill No. 944, entitled

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

The Senate has passed the bill.

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

Notices

I hereby give notice that on the next legislative session day I will move to discharge the Committee on Judiciary from further consideration of Senate Bill No. 826.

Rep. Fitzgerald

I hereby give notice that on the next legislative session day I will move to discharge the Committee on Judiciary from further consideration of House Bill No. 5419.

Rep. Fitzgerald

I hereby give notice that on the next legislative session day I will move to discharge the Committee on Judiciary from further consideration of House Bill No. 5420.

Rep. Nye

Communications from State Officers

The following communications from the Auditor General were received and read:

March 25, 1998

Enclosed is a copy of the following audit report and/or executive digest:

Financial Audit of the

Michigan Judges Retirement System

Department of Management and Budget

October 1, 1994 through September 30, 1996

March 25, 1998

Enclosed is a copy of the following audit report and/or executive digest:

Financial Audit of the

Child Day Care and Child Welfare Licensing Divisions

within the Bureau of Regulatory Services

Department of Consumer and Industry Services

Sincerely,

Thomas H. McTavish, C.P.A.

Auditor General

The communications were referred to the Clerk and the accompanying reports referred to the Committee on House Oversight and Ethics.

Introduction of Bills

Rep. Profit introduced

House Bill No. 5712, entitled

A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 8a (MCL 211.8a), as added by 1994 PA 96.

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

Rep. Profit introduced

House Bill No. 5713, entitled

A bill to amend 1976 PA 225, entitled "An act to provide for conditions of eligibility for such a deferment; to prescribe the powers and duties of the department of treasury, local assessing officers, and local collecting officers; to provide for the advancement of moneys by the state to indemnify special assessment districts for losses from deferment of collections; to provide for the advancement of money by the state to an owner for the repayment of loans used by the owner to pay special assessments; to provide for the collection of deferred special assessments and interest thereon, and the disposition of these collections; to make an appropriation; and to prescribe penalties," by amending section 3 (MCL 211.763), as amended by 1980 PA 403.

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

Rep. Profit introduced

House Bill No. 5714, entitled

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

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

Reps. Thomas, Llewellyn, Hammerstrom, Scranton, Palamara and Schauer introduced

House Bill No. 5715, entitled

A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding part 94.

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

Reps. Dobb, Palamara, Scranton, Schauer, Law, Martinez, Birkholz, McBryde, Oxender, Gagliardi, Bodem, Bankes, Gilmer, Llewellyn, Johnson, Emerson, Profit, Price, Quarles, Middleton, Brater, Godchaux, Geiger, Anthony, Gire, Wetters, Cropsey, Kaza, Crissman, Brackenridge, Owen, Hammerstrom, Jelinek, Fitzgerald, Galloway, Richner, McNutt, Middaugh, DeVuyst, LeTarte, Nye, Byl, Prusi, Jellema, Raczkowski, Perricone and Agee introduced

House Bill No. 5716, entitled

A bill to amend 1979 PA 94, entitled "The state school aid act of 1979," by amending sections 11, 11f, 11g, 11h, and 11i (MCL 388.1611, 388.1611f, 388.1611g, 388.1611h, and 388.1611i), section 11 as amended and sections 11f, 11g, 11h, and 11i as added by 1997 PA 142, and by adding sections 11j, 11k, and 11l.

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

Reps. McNutt, Wetters, Hammerstrom, Jelinek, McBryde, Middaugh, Gernaat, Llewellyn, Rhead, Byl, LeTarte, DeVuyst, Lowe, Voorhees, Middleton, Raczkowski, Birkholz, Richner and Perricone introduced

House Bill No. 5717, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding sections 82126a, 82126b, and 82126c.

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

______

Rep. Bankes moved that the House adjourn.

The motion prevailed, the time being 3:45 p.m.

Acting Speaker Hanley declared the House adjourned until Tuesday, March 31, at 2:00 p.m.

MARY KAY SCULLION

Clerk of the House of Representatives.