hj05297t.049

No. 49

JOURNAL OF THE HOUSE

House Chamber, Lansing, Thursday, May 29, 1997.

10:00 a.m.

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

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--excused

Bankes--present

Birkholz--present

Bobier--present

Bodem--present

Bogardus--present

Brackenridge--present

Brater--present

Brewer--present

Brown--present

Byl--present

Callahan--present

Cassis--present

Cherry--present

Ciaramitaro--present

Crissman--present

Cropsey--present

Curtis--present

Dalman--present

DeHart--present

DeVuyst--present

Dobb--present

Dobronski--present

Emerson--present

Fitzgerald--present

Frank--present

Freeman--present

Gagliardi--present

Galloway--present

Geiger--present

Gernaat--present

Gilmer--e/d/s

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

Jaye--present

Jelinek--present

Jellema--present

Johnson--excused

Kaza--present

Kelly--present

Kilpatrick--excused

Kukuk--present

LaForge--present

Law--present

Leland--present

LeTarte--excused

Llewellyn--present

London--present

Lowe--present

Mans--excused

Martinez--present

Mathieu--present

McBryde--present

McManus--present

McNutt--present

Middaugh--present

Middleton--present

Murphy--present

Nye--excused

Olshove--present

Owen--present

Oxender--present

Palamara--e/d/s

Parks--present

Perricone--present

Price--present

Profit--present

Prusi--present

Quarles--present

Raczkowski--present

Rhead--present

Richner--present

Rison--present

Rocca--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--present

Wallace--present

Wetters--present

Whyman--present

Willard--present

Wojno--present

e/d/s = entered during session

Father Raymond Bucon, Pastor, St. Mary Catholic church, Wayne, offered the following invocation:

"Creator God, We know You by many names, yet You are a unity of love. Today, we ask You to help us create harmony. Help in balancing care and compassion with fiscal responsibility and wise use of our state's resources. Help in blending together the hearts, minds and voices of the members of this body so that they may make decisions that promote the common good. To this we say, Amen."

______

Rep. Dobronski moved that Reps. Mans, Baird and Kilpatrick be excused from today's session.

The motion prevailed.

Rep. Hammerstrom moved that Reps. Johnson and Nye be excused from today's session.

The motion prevailed.

Rep. Hammerstrom moved that Rep. LeTarte be excused from today's session due to a death in his family.

The motion prevailed.

Second Reading of Bills

House Bill No. 4067, entitled

A bill to amend 1976 PA 331, entitled "Michigan consumer protection act," (MCL 445.901 to 445.922) by adding section 11a.

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

The substitute (H-1) was not adopted, a majority of the members serving not voting therefor.

Rep. Wojno moved to substitute (H-3) the bill.

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

Rep. Crissman moved to amend the bill as follows:

1. Amend page 1, line 6, after "ACT." by inserting "MONEY COLLECTED UNDER THIS SECTION SHALL FIRST BE APPLIED TO ANY UNPAID DAMAGES AND ATTORNEY FEES ORDERED TO BE PAID UNDER THIS ACT BEFORE IT IS APPLIED TO COLLECTION OF A CIVIL FINE UNDER THIS SECTION.".

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

Rep. Crissman demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 417 Yeas--97

Agee Dobronski Jellema Prusi

Alley Emerson Kaza Quarles

Anthony Fitzgerald Kelly Raczkowski

Baade Frank Kukuk Rhead

Bankes Freeman LaForge Richner

Birkholz Gagliardi Law Rison

Bobier Galloway Leland Rocca

Bodem Geiger Llewellyn Schauer

Bogardus Gernaat London Schermesser

Brackenridge Gire Lowe Schroer

Brater Godchaux Martinez Scott

Brewer Goschka Mathieu Scranton

Brown Green McBryde Sikkema

Byl Gubow McManus Stallworth

Callahan Hale McNutt Tesanovich

Cassis Hammerstrom Middaugh Thomas

Cherry Hanley Middleton Vaughn

Ciaramitaro Harder Murphy Voorhees

Crissman Hertel Olshove Walberg

Cropsey Hood Owen Wallace

Curtis Horton Parks Wetters

Dalman Jansen Perricone Whyman

DeHart Jaye Price Willard

DeVuyst Jelinek Profit Wojno

Dobb

Nays--0

In The Chair: Gire

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

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

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

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

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 4067, entitled

A bill to amend 1976 PA 331, entitled "Michigan consumer protection act," (MCL 445.901 to 445.922) by adding section 11a.

The bill was read a third time.

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

House Bill No. 4323, entitled

A bill to amend 1981 PA 180, entitled "Older Michiganians act," (MCL 400.581 to 400.594) by adding section 6l.

The bill was read a second time.

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

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

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

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

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

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

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 4323, entitled

A bill to amend 1981 PA 180, entitled "Older Michiganians act," (MCL 400.581 to 400.594) by adding section 6l.

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

Roll Call No. 418 Yeas--101

Agee Emerson Jellema Prusi

Alley Fitzgerald Kaza Quarles

Anthony Frank Kelly Raczkowski

Baade Freeman Kukuk Rhead

Bankes Gagliardi LaForge Richner

Birkholz Galloway Law Rison

Bobier Geiger Leland Rocca

Bodem Gernaat Llewellyn Schauer

Bogardus Gire London Schermesser

Brackenridge Godchaux Lowe Schroer

Brater Goschka Martinez Scott

Brewer Green Mathieu Scranton

Brown Griffin McBryde Sikkema

Byl Gubow McManus Stallworth

Callahan Gustafson McNutt Tesanovich

Cassis Hale Middaugh Thomas

Cherry Hammerstrom Middleton Varga

Ciaramitaro Hanley Murphy Vaughn

Crissman Harder Olshove Voorhees

Cropsey Hertel Owen Walberg

Curtis Hood Oxender Wallace

Dalman Horton Parks Wetters

DeHart Jansen Perricone Whyman

DeVuyst Jaye Price Willard

Dobb Jelinek Profit Wojno

Dobronski

Nays--0

In The Chair: Gire

The House agreed to the title of the bill.

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

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

______

Rep. Gilmer entered the House Chambers.

Rep. Palamara entered the House Chambers.

Second Reading of Bills

House Bill No. 4700, entitled

A bill to amend 1972 PA 222, entitled "An act to provide for an official personal identification card; to provide for its form, issuance and use; to provide for certain duties of the secretary of state; and to prescribe certain penalties for violations," by amending section 2 (MCL 28.292), as amended by 1996 PA 204.

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

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

Reps. London and Brater moved to amend the bill as follows:

1. Amend page 13, line 2, after the second "TO" by striking out the balance of the subdivision and inserting "ANOTHER PERSON THAT THE INDIVIDUAL DESIGNATES IN WRITING TO THE SECRETARY OF STATE.".

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

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

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

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

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

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 4700, 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. 419 Yeas--103

Agee Emerson Jellema Prusi

Alley Fitzgerald Kaza Quarles

Anthony Frank Kelly Raczkowski

Baade Freeman Kukuk Rhead

Bankes Gagliardi LaForge Richner

Birkholz Galloway Law Rison

Bobier Geiger Leland Rocca

Bodem Gernaat Llewellyn Schauer

Bogardus Gilmer London Schermesser

Brackenridge Gire Lowe Schroer

Brater Godchaux Martinez Scott

Brewer Goschka Mathieu Scranton

Brown Green McBryde Sikkema

Byl Griffin McManus Stallworth

Callahan Gubow McNutt Tesanovich

Cassis Gustafson Middaugh Thomas

Cherry Hale Middleton Varga

Ciaramitaro Hammerstrom Murphy Vaughn

Crissman Hanley Olshove Voorhees

Cropsey Harder Owen Walberg

Curtis Hertel Oxender Wallace

Dalman Hood Palamara Wetters

DeHart Horton Parks Whyman

DeVuyst Jansen Perricone Willard

Dobb Jaye Price Wojno

Dobronski Jelinek Profit

Nays--0

In The Chair: Gire

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

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

The motion prevailed.

The House agreed to the title as amended.

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

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

Reps. Anthony, Baade, Bankes, Bodem, Bogardus, Brackenridge, Brewer, Callahan, Cassis, Crissman, Cropsey, Dalman, DeVuyst, Dobb, Dobronski, Freeman, Jelinek, Kaza, Kelly, Law, McBryde, Profit, Prusi, Rocca, Sikkema, Stallworth, Tesanovich, Thomas, Vaughn, Voorhees and Wallace were named co-sponsors of the bill.

Second Reading of Bills

House Bill No. 4701, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 204a, 208, 217, 221, 232, and 307 (MCL 257.204a, 257.208, 257.217, 257.221, 257.232, and 257.307), section 204a as amended by 1996 PA 102, section 208 as amended by 1996 PA 471, section 217 as amended by 1996 PA 59, and section 307 as amended by 1996 PA 205.

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

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

Reps. Brater and London moved to amend the bill as follows:

1. Amend page 7, line 6, after the second "TO" by striking out the balance of the subdivision and inserting "ANOTHER PERSON THAT THE INDIVIDUAL DESIGNATES IN WRITING TO THE SECRETARY OF STATE.".

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

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

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

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

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

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 4701, 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. 420 Yeas--102

Agee Emerson Kaza Prusi

Alley Fitzgerald Kelly Quarles

Anthony Frank Kukuk Raczkowski

Baade Freeman LaForge Rhead

Bankes Gagliardi Law Richner

Birkholz Galloway Leland Rison

Bobier Geiger Llewellyn Rocca

Bodem Gernaat London Schauer

Bogardus Gilmer Lowe Schermesser

Brackenridge Gire Martinez Schroer

Brater Godchaux Mathieu Scott

Brewer Goschka McBryde Scranton

Brown Green McManus Sikkema

Byl Gubow McNutt Stallworth

Callahan Gustafson Middaugh Tesanovich

Cassis Hale Middleton Thomas

Cherry Hammerstrom Murphy Varga

Ciaramitaro Hanley Olshove Vaughn

Crissman Harder Owen Voorhees

Cropsey Hertel Oxender Walberg

Curtis Hood Palamara Wallace

Dalman Horton Parks Wetters

DeHart Jansen Perricone Whyman

DeVuyst Jaye Price Willard

Dobb Jelinek Profit Wojno

Dobronski Jellema

Nays--0

In The Chair: Gire

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

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

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 208, 221, 232, and 903 (MCL 257.208, 257.221, 257.232, and 257.903), section 208 as amended by 1996 PA 471 and section 903 as amended by 1992 PA 309, and by adding sections 40b, 208a, 208b, 208c, and 208d.

The motion prevailed.

The House agreed to the title as amended.

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

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

Reps. Anthony, Baade, Bankes, Bodem, Bogardus, Brackenridge, Brewer, Callahan, Cassis, Crissman, Cropsey, Dalman, DeVuyst, Dobb, Dobronski, Jelinek, Kelly, Law, Prusi, Rocca, Sikkema, Stallworth, Thomas, Vaughn and Voorhees were named co-sponsors of the bill.

Second Reading of Bills

House Bill No. 4702, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 80129, 81120, and 82113 (MCL 324.80129, 324.81120, and 324.82113), as added by 1995 PA 58.

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

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

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

The motion prevailed.

By unanimous consent the House returned to the order of

Third Reading of Bills

The House returned to the consideration of

House Bill No. 4067, entitled

A bill to amend 1976 PA 331, entitled "Michigan consumer protection act," (MCL 445.901 to 445.922) by adding section 11a.

(The bill was considered earlier today, see today's Journal, p. 1059.)

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. 421 Yeas--98

Agee Fitzgerald Kaza Prusi

Alley Frank Kelly Quarles

Anthony Freeman Kukuk Raczkowski

Baade Gagliardi LaForge Rhead

Bankes Galloway Law Richner

Birkholz Geiger Leland Rocca

Bobier Gernaat Llewellyn Schauer

Bodem Gilmer London Schermesser

Bogardus Gire Lowe Schroer

Brackenridge Godchaux Martinez Scott

Brater Goschka McBryde Scranton

Brewer Green McManus Sikkema

Brown Griffin McNutt Stallworth

Byl Gubow Middaugh Tesanovich

Callahan Gustafson Middleton Thomas

Cherry Hale Murphy Varga

Ciaramitaro Hammerstrom Olshove Vaughn

Crissman Hanley Owen Voorhees

Cropsey Hertel Oxender Walberg

Curtis Hood Palamara Wallace

Dalman Horton Parks Wetters

DeHart Jansen Perricone Whyman

DeVuyst Jaye Price Willard

Dobb Jelinek Profit Wojno

Dobronski Jellema

Nays--0

In The Chair: Gire

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

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

A bill to amend 1976 PA 331, entitled "Michigan consumer protection act," (MCL 445.901 to 445.922) by adding section 3c.

The motion prevailed.

The House agreed to the title as amended.

Reps. Anthony, Bodem, Brater, Brown, Byl, Cassis, Cherry, Dalman, DeHart, DeVuyst, Dobb, Dobronski, Gagliardi, Gilmer, Goschka, Gubow, Hammerstrom, Jaye, Kelly, Kukuk, LaForge, McBryde, Palamara, Perricone, Profit, Prusi, Quarles, Richner, Schermesser, Scott, Scranton, Sikkema, Tesanovich, Varga, Vaughn, Voorhees, Wallace, Wetters, Whyman and Willard were named co-sponsors of the bill.

Second Reading of Bills

House Bill No. 4694, entitled

A bill to amend 1913 PA 206, entitled "An act to declare telephone lines and telephone companies within this state to be common carriers; to regulate the telephone business; to confer certain powers, duties, and responsibilities on the public service commission; to provide for the consolidation of telephone lines and telephone companies; to prohibit certain uses of telephone lines and telephone equipment; to regulate persons using telephone lines and telephone equipment; to prescribe a penalty for the violation of this act; and to repeal certain acts and parts of acts on specific dates," by amending section 25 (MCL 484.125), as added by 1980 PA 47.

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

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

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

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

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

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

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 4694, 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. 422 Yeas--99

Agee Fitzgerald Kaza Quarles

Alley Frank Kelly Raczkowski

Anthony Freeman Kukuk Rhead

Baade Gagliardi LaForge Richner

Bankes Galloway Law Rison

Birkholz Geiger Leland Rocca

Bobier Gernaat Llewellyn Schauer

Bodem Gilmer London Schermesser

Bogardus Gire Lowe Schroer

Brackenridge Godchaux Martinez Scott

Brater Goschka Mathieu Scranton

Brown Green McBryde Sikkema

Byl Griffin McManus Stallworth

Callahan Gubow McNutt Tesanovich

Cassis Gustafson Middaugh Thomas

Cherry Hale Middleton Varga

Ciaramitaro Hammerstrom Murphy Vaughn

Crissman Hanley Olshove Voorhees

Cropsey Harder Oxender Walberg

Curtis Hertel Palamara Wallace

Dalman Horton Parks Wetters

DeHart Jansen Perricone Whyman

DeVuyst Jaye Price Willard

Dobb Jelinek Profit Wojno

Dobronski Jellema Prusi

Nays--0

In The Chair: Gire

The House agreed to the title of the bill.

Second Reading of Bills

The House returned to the consideration of

House Bill No. 4702, entitled

(The bill was considered earlier today, see today's Journal, p. 1063.)

Reps. Brater and London moved to amend the bill as follows:

1. Amend page 9, line 9, after the second "TO" by striking out the balance of the subdivision and inserting "ANOTHER PERSON THAT THE INDIVIDUAL DESIGNATES IN WRITING TO THE SECRETARY OF STATE.".

2. Amend page 18, line 20, after the second "TO" by striking out the balance of the subdivision and inserting "ANOTHER PERSON THAT THE INDIVIDUAL DESIGNATES IN WRITING TO THE SECRETARY OF STATE.".

3. Amend page 32, line 9, after the second "TO" by striking out the balance of the subdivision and inserting "ANOTHER PERSON THAT THE INDIVIDUAL DESIGNATES IN WRITING TO THE SECRETARY OF STATE.".

4. Amend page 45, line 6, after the second "TO" by striking out the balance of the subdivision and inserting "ANOTHER PERSON THAT THE INDIVIDUAL DESIGNATES IN WRITING TO THE SECRETARY OF STATE.".

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

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

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

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

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

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 4702, 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. 423 Yeas--98

Agee Emerson Kelly Prusi

Alley Fitzgerald Kukuk Quarles

Anthony Frank LaForge Raczkowski

Baade Freeman Law Rhead

Bankes Gagliardi Leland Richner

Birkholz Galloway Llewellyn Rison

Bobier Gernaat London Rocca

Bodem Gilmer Lowe Schauer

Bogardus Gire Martinez Schermesser

Brater Godchaux Mathieu Schroer

Brewer Goschka McBryde Scott

Brown Green McManus Scranton

Byl Gubow McNutt Sikkema

Callahan Gustafson Middaugh Tesanovich

Cassis Hale Middleton Thomas

Cherry Hammerstrom Murphy Varga

Ciaramitaro Hanley Olshove Vaughn

Crissman Hertel Owen Voorhees

Cropsey Hood Oxender Walberg

Curtis Horton Palamara Wallace

Dalman Jansen Parks Wetters

DeHart Jaye Perricone Whyman

DeVuyst Jelinek Price Willard

Dobb Jellema Profit Wojno

Dobronski Kaza

Nays--0

In The Chair: Gire

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

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

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 80104, 80129, 80130, 80301, 80310, 80315, 81101, 81113, 81114, 81120, 82101, 82113, and 82156 (MCL 324.80104, 324.80129, 324.80130, 324.80301, 324.80310, 324.80315, 324.81101, 324.81113, 324.81114, 324.81120, 324.82101, 324.82113, and 324.82156), as added by 1995 PA 58, and by adding sections 80130a, 80130b, 80130c, 80130d, 80315a, 80315b, 80315c, 80319a, 81114a, 81114b, 81114c, 82156a, 82156b, 82156c, and 82160.

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. Cherry moved that when the House adjourns today it stand adjourned until Tuesday, June 3, at 2:00 p.m.

The motion prevailed.

By unanimous consent the House returned to the order of

Motions and Resolutions

Reps. Green, Gire, Cherry, DeHart, Wojno, Baade, Anthony, LaForge, Dobronski, Hanley, Galloway, Bodem, Freeman, Cropsey, Raczkowski, Scranton, Jelinek, Cassis, Gubow, Kukuk, Rocca, Scott, DeVuyst, Voorhees, Hammerstrom, McNutt, Middaugh, Llewellyn, Rhead, Lowe, Law, Horton, Dalman, Goschka, Dobb, Gernaat, Richner, Fitzgerald, Crissman, Vaughn, Wallace, Bogardus, Birkholz, Middleton, Olshove, Bankes, Oxender, Perricone, Kelly, Parks and Palamara offered the following resolution:

House Resolution No. 69.

A resolution honoring the Mayville Alumni Association on their 110th year.

Whereas, The Mayville Alumni Association will be holding its one hundred tenth consecutive alumni banquet and business meeting on June 7, 1997; and

Whereas, This is the fiftieth year the Association has sponsored the Norman Duncan Award in honor of one of Mayville's scholar-athletes who was killed in World War II; and

Whereas, The Association each year gives golden diplomas to former students who graduated fifty years ago from Mayville High School and mascot pins to twenty-five year graduates; and

Whereas, The alumni committee each year produces the multiple-page Mayville Alumni Historian which is sent to all former graduates who are on their computerized, continually updated address list; and

Whereas, The Association has given a college scholarship to a graduating senior at Mayville High School for the past seven years and expects to continue this practice; now, therefore, be it

Resolved by the House of Representatives, That the members of the Michigan House of Representatives join in honoring the Mayville Alumni Association as the oldest continuously functioning high school alumni association in Michigan at its annual banquet on June 7, 1997; and be it further

Resolved, That a copy of this resolution be presented to the Mayville Alumni Association as a token of our esteem.

Pending the reference of the resolution to a committee,

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

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

The question being on the adoption of the resolution,

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

The Speaker, on behalf of the entire membership of the House of Representatives, offered the following resolution:

House Resolution No. 70.

A resolution honoring Joyce Morgridge upon her retirement.

Whereas, On May 30, 1997, Joyce Morgridge will bring to a close her distinguished service as Amending Clerk for the Michigan House of Representatives. This special occasion provides us with the opportunity to express our heartfelt gratitude for her many years of loyalty to the legislative process and for the friendly, courteous, and professional manner with which she carried out her demanding responsibilities; and

Whereas, A graduate of Grand Ledge High School, Joyce began her career with the State of Michigan on August 25, 1958, when she began working for the Department of Conservation, now known as the Department of Natural Resources. After honing her considerable skills for nearly a decade in that office, she signed on with the House of Representatives on May 14, 1966, as a Stenographer. Shortly thereafter, Joyce assumed the demanding position of Amending Clerk, in which capacity her meticulous precision, her exacting attention to detail, penchant for hard work, and ability to work under pressure have served state legislators, and indeed all the citizens of Michigan; and

Whereas, During her more than a quarter of a century of service in the lawmaking process, Joyce Morgridge has worked under the administration of 8 Speakers and 6 Clerks of the House. Throughout this time, her contributions to the smooth and effective functioning of the legislature have made her an invaluable asset to the good government of the Great Lake State; and

Whereas, As Joyce leaves behind the responsibilities of her position and the unique demands of round-the-clock sessions, her well-deserved retirement will be filled with canoeing, mushrooming and relaxing at her cabin in Mio, as well as with more time to enjoy activities with Ken, her husband of 35 years, her children, family, and many dear friends. May she know how much her quick wit, unending sense of humor and true friendship will be missed by all her coworkers who love and care for her very deeply; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body are proud to unite with her friends and colleagues in praising the thirty-one-year record of outstanding state service of Joyce Morgridge, the current longest serving House employee, at the end of her tenure with the Michigan House of Representatives; and be it further

Resolved, That a copy of this resolution be transmitted to Joyce, and her family, as a token of our warm wishes for her health and happiness in the future.

Pending the reference of the resolution to a committee,

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

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

The question being on the adoption of the resolution,

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

Reps. McBryde, Gire, Cherry, DeHart, Wojno, Baade, Anthony, LaForge, Dobronski, Hanley, McNutt, Horton, Galloway, Rhead, Lowe, Bodem, Gernaat, Freeman, Cropsey, Raczkowski, Scranton, Birkholz, Jelinek, Cassis, Kukuk, Rocca, Green, Scott, DeVuyst, Voorhees, Hammerstrom, Llewellyn, Law, Dalman, Goschka, Dobb, Richner, Fitzgerald, Crissman, Vaughn, Wallace, Bogardus, Middleton, Bankes, Perricone, Kelly, Agee, Parks and Palamara offered the following resolution:

House Resolution No. 71.

A resolution honoring Robert Janson.

Whereas, It is with great pleasure that we join in offering praise and tribute to honor Robert A. Janson upon the occasion of his retirement. As Robert A. Janson brings to a close his service to the field of education, he can reflect on his many contributions and accomplishments over the last 35 years, 16 years of which he served in the capacity of superintendent for over more than 4,500 students and a $30,000,000 budget; and

Whereas, Robert A. Janson's many accomplishments include the initiation of a Strategic Planning Process, a School Improvement Process implemented in all schools, and Curriculum Audit, while establishing a Comprehensive Communications Program, a Site-Based Decision Making Process, and a Target Specific Bargaining Process; programs key to the development of a successful educational system; and

Whereas, Robert A. Janson's work as Superintendent for Mt. Pleasant Public Schools has been a history of great milestones with an emphasis on community involvement. His professional career was heavily combined with civic projects, such as the Mt. Pleasant Downtown Development Authority, his Chairmanship of the Isabella United Way Board of Directors, his membership to the Mt. Pleasant Tax Increment Finance Authority, Co-Directorship of the Mt.Pleasant Area Leadership Institute, and member of the Middle Michigan Development Corporation Board of Directors; all noteworthy occupations which have enhanced the socioeconomic environment of Mt. Pleasant and its surrounding communities; and

Whereas, Robert Janson's leadership and accomplishments as an educator and active member of numerous organizations, both civic and professional, warrant our sincere commendation. A list of his professional memberships include the Michigan Association of School Administrators, American Association of School Administrators, Association for Supervision and Curriculum Development, and Phi Delta Kappa, an honorary educational society. His deep concern for the betterment of his community and enrichment of his professional skills impresses upon us Robert Janson's determination and will to create positive change in the lives of generations to come; now, therefore, be it

Resolved by the House of Representatives, That we thank Robert A. Janson for his commitment to the young people of Mt. Pleasant through his many years as an educator and administrator. As he completes his final duty as the Superintendent of Mt. Pleasant Schools, may he know of our esteem and gratitude for his extensive contributions to the Mt. Pleasant community and the Michigan education system; and be it further

Resolved, That a copy of this resolution be transmitted to him as we extend our best wishes to him and his family for health and happiness.

Pending the reference of the resolution to a committee,

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

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

The question being on the adoption of the resolution,

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

Reports of Standing Committees

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Thursday, May 29, 1997, at 9:50 a.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, McBryde, Oxender,

Absent: Rep. Johnson,

Excused: Rep. Johnson.

Messages from the Senate

House Bill No. 4102, entitled

A bill to regulate the manufacturing and assembling of public playground equipment; and to provide penalties.

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

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

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

House Bill No. 4601, entitled

A bill to amend 1855 PA 105, entitled "An act to regulate the disposition of the surplus funds in the state treasury; to provide for the deposit of surplus funds in certain financial institutions; to lend surplus funds pursuant to loan agreements secured by certain commercial, agricultural, or industrial real and personal property; to authorize the loan of surplus funds to certain municipalities; to authorize the participation in certain loan programs; to authorize an appropriation; and to prescribe the duties of certain state agencies," by amending sections 3 and 7 (MCL 21.143 and 21.147), section 3 as amended by 1990 PA 8 and section 7 as amended by 1994 PA 44; and to repeal acts and parts of acts.

The Senate has substituted (S-1) the bill.

The Senate has passed the bill as substituted (S-1) and ordered that it be given immediate effect.

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

House Bill No. 4610, entitled

A bill to amend 1932 (1st Ex Sess) PA 40, entitled "An act to provide for the designation of depositories for public moneys; to prescribe the effect thereof on the liability for such deposits; to suspend the requirement of surety bonds from depositories of public moneys; and to repeal all acts and parts of acts inconsistent with the provisions of this act," by amending sections 2 and 4 (MCL 129.12 and 129.14) and by adding section 6.

The Senate has substituted (S-1) the bill.

The Senate has passed the bill as substituted (S-1) and ordered that it be given immediate effect.

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

Announcement by the Clerk of Printing and Enrollment

The Clerk announced that the following bills had been printed and placed upon the files of the members, Tuesday, May 27:

Senate Bill Nos. 518 519 520 521 522 523 524 525

The Clerk announced the enrollment printing and presentation to the Governor on Thursday, May 29, for his approval of the following bills:

Enrolled House Bill No. 4034 at 9:34 a.m.

Enrolled House Bill No. 4242 at 9:41 a.m.

Introduction of Bills

Reps. Willard, DeHart, McBryde, Wetters, Goschka, Kaza, Dalman, Brackenridge, Mans and Jaye introduced

House Bill No. 4851, 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 4 of chapter XIIA (MCL 712A.4[1]), as amended by 1996 PA 409.

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

Reps. Willard, DeHart, McBryde, Wetters, Goschka, Brackenridge, Kaza, Dalman, Mans and Jaye introduced

House Bill No. 4852, entitled

A bill to amend 1985 PA 87, entitled "Crime victim's rights act," (MCL 780.751 to 780.834) by adding section 43a.

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

Reps. Rison, Freeman, Bogardus, Wallace, Brewer, Schauer, Cherry, Kelly, Scott, DeHart, Curtis, Wetters, Hale, Thomas, Brown, Wojno, Callahan, Price, Parks, Mans, Prusi, Godchaux, Quarles, Stallworth, LaForge, Vaughn, Mathieu, Ciaramitaro, Varga, Baird, Willard, Harder, Schermesser, Dobronski, Goschka, Rocca, Emerson, Galloway, Murphy, Brater, Frank, Griffin and Gagliardi introduced

House Bill No. 4853, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending section 20155 (MCL 333.20155), as amended by 1996 PA 267.

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

Reps. Kukuk, Perricone, Jelinek, DeVuyst and Walberg introduced

House Bill No. 4854, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 80142, 80143, and 80152 (MCL 324.80142, 324.80143, and 324.80152) section 80142 as amended by 1996 PA 174 and sections 80143 and 80152 as added by 1995 PA 58.

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

Reps. Profit and Palamara introduced

House Bill No. 4855, 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 read a first time by its title and referred to the Committee on Tax Policy.

Rep. Profit introduced

House Bill No. 4856, entitled

A bill to amend 1975 PA 228, entitled "Single business tax act," (MCL 208.1 to 208.145) by adding section 31b.

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

Reps. Jelinek, Brackenridge, Kaza, Raczkowski, Birkholz, Cassis, Goschka, Gernaat, McBryde, Oxender, Lowe and Perricone introduced

House Bill No. 4857, entitled

A bill to authorize the department of transportation to convey certain state owned property in Berrien county; to prescribe conditions for the conveyance; and to provide for disposition of the revenue derived from the conveyance.

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

Reps. Perricone, Birkholz, Baird, Raczkowski, McNutt, Hammerstrom, Jelinek, McBryde, Oxender, Hanley, Richner, Jansen and Jaye introduced

House Bill No. 4858, entitled

A bill to amend 1989 PA 24, entitled "The district library establishment act," by amending section 3 (MCL 397.173).

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

______

Rep. Brater moved that the House adjourn.

The motion prevailed, the time being 12:20 p.m.

The Associate Speaker Pro Tempore declared the House adjourned until Tuesday, June 3, at 2:00 p.m.

MARY KAY SCULLION

Clerk of the House of Representatives.