No. 28

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

90th Legislature


REGULAR SESSION OF 2000


House Chamber, Lansing, Thursday, March 23, 2000.

12:00 Noon.

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

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

Allen--present

Baird--present

Basham--present

Birkholz--present

Bisbee--present

Bishop--present

Bogardus--present

Bovin--present

Bradstreet--present

Brater--present

Brewer--present

Brown, Bob--present

Brown, Cameron--present

Byl--present

Callahan--e/d/s

Cassis--present

Caul--present

Cherry--present

Clark--present

Clarke--present

Daniels--e/d/s

DeHart--present

Dennis--present

DeRossett--present

DeVuyst--present

DeWeese--present

Ehardt--present

Faunce--present

Frank--present

Garcia--present

Garza--present

Geiger--present

Gieleghem--present

Gilbert--present

Godchaux--present

Gosselin--present

Green--present

Hager--present

Hale--present

Hanley--present

Hansen--present

Hardman--present

Hart--present

Howell--present

Jacobs--present

Jamnick--present

Jansen--present

Jelinek--present

Jellema--present

Johnson, Rick--present

Johnson, Ruth--present

Julian--present

Kelly--present

Kilpatrick--present

Koetje--present

Kowall--present

Kuipers--present

Kukuk--present

LaForge--present

LaSata--excused

Law--present

Lemmons--present

Lockwood--present

Mans--present

Martinez--present

Mead--present

Middaugh--present

Minore--present

Mortimer--present

Neumann--present

O'Neil--present

Pappageorge--present

Patterson--present

Perricone--present

Pestka--present

Price--present

Prusi--present

Pumford--present

Quarles--present

Raczkowski--present

Reeves--present

Richardville--present

Richner--present

Rison--present

Rivet--present

Rocca--present

Sanborn--present

Schauer--present

Schermesser--present

Scott--present

Scranton--present

Shackleton--present

Sheltrown--present

Shulman--present

Spade--present

Stallworth--present

Stamas--present

Switalski--present

Tabor--present

Tesanovich--present

Thomas--present

Toy--present

Vander Roest--present

Van Woerkom--present

Vaughn--present

Vear--present

Voorhees--present

Wojno--present

Woodward--present

Woronchak--present

e/d/s = entered during session

Rev. Bob Dyrne, Pastor of Sacred Heart Church in Mt. Pleasant, offered the following invocation:

"God of all people, the men and women who gather in this chamber today are entrusted with great responsibility for the safety and welfare of the people of our state of Michigan. They need Your guidance and wisdom; they need prudence and courage in their deliberations. May Your spirit be with them today in a powerful way as they seek justice and the common good for all our people. When they leave this chamber today they will be weary, but may they also leave with hearts filled with peace because they have acted with integrity and with due regard for those in the greatest need. We ask Your blessing upon our work today and every day. Amen."

______

Rep. DeWeese moved that Rep. LaSata be excused from today's session.

The motion prevailed.

Motions and Resolutions

By unanimous consent the House considered House Resolution No. 309 out of numerical order.

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

House Resolution No. 309.

A resolution offered as a memorial for Maxcine Young, former member of the House of Representatives.

Whereas, With great admiration for the accomplishments of her life in public service and civic activism, we offer this expression of respect in memory of Maxcine Young. We extend our sympathies to her family and friends as we acknowledge Maxcine Young's contributions to her community and our entire state; and

Whereas, Born in South Carolina, where she studied at South Carolina State College, Maxcine Young was active in business, political concerns, and community groups long before such leadership for an African-American woman was commonplace. A pioneer in many ways, Maxcine Young provided an example of participation in public life in Detroit in several areas. She helped establish the Women's Political Assembly and channeled her energies through the NAACP, the National Council of Negro Women, and church and charitable groups; and

Whereas, Maxcine brought her spirit of concern to Lansing in 1960, when she was elected to the House in a special election. She served with distinction until 1966, during a time of great transition in state government and in society. Her tenure as a lawmaker included the implementation of Michigan's 1963 Constitution, and she contributed to the work of reorganizing the structure of Michigan's government. For the 1965-66 legislature, Maxcine Young became one of the first three African-American women appointed to chair standing committees of the Michigan Legislature when she headed the Public Safety Committee; and

Whereas, As an elected official and civic leader, Maxcine Young provided an example of commitment that touched many lives. This legacy will long strengthen our state; now, therefore, be it

Resolved by the House of Representatives, That we honor the memory of Maxcine Young, State Representative from Detroit from 1960 to 1966; and be it further

Resolved, That copies of this resolution be transmitted to the family of Maxcine Young as evidence of our respect for her memory.

The question being on the adoption of the resolution,

The resolution was adopted by unanimous standing vote.

Third Reading of Bills

House Bill No. 4397, entitled

A bill to amend 1971 PA 227, entitled "An act to prescribe the rights and duties of parties to home solicitation sales," by amending sections 2 and 3 (MCL 445.112 and 445.113).

(The bill was read a third time and postponed temporarily on November 10, 1999, see House Journal No. 80 of 1999, p. 2271.)

The question being on the passage of the bill,

Rep. Middaugh moved that the bill be referred to the Committee on Energy and Technology.

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

Rep. Middaugh moved that consideration of the motion be postponed temporarily.

The motion prevailed.

Second Reading of Bills

House Bill No. 5284, entitled

A bill to make appropriations for the state transportation department and certain transportation purposes for the fiscal year ending September 30, 2001; to provide for the imposition of fees; to provide for reports; to create certain funds and programs; to prescribe requirements for certain railroad and bus facilities; to prescribe certain powers and duties of certain state departments and officials, certain state institutions of higher education, and local units of government; and to provide for the expenditure of the appropriations.

(The bill was read a second time, Committee substitute (H-1) adopted, amended, amendments defeated and bill postponed temporarily on March 22, see House Journal No. 27, p. 559.)

Rep. Kelly moved to amend the bill as follows:

1. Amend page 11, line 11, by striking out "2,000,000" and inserting "4,000,000" and adjusting the subtotals, totals, and section 201 accordingly.

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

Reps. Stallworth and Thomas moved to amend the bill as follows:

1. Amend page 37, following line 19, by inserting:

"Sec. 730. It is the intent of the legislature that Public Act 51 of 1951 be amended so that the comprehensive transportation fund receive a full 10% of Michigan transportation fund revenues.".

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

Reps. Stallworth and Kilpatrick moved to amend the bill as follows:

1. Amend page 37, following 19, by inserting:

"Sec. 730. The department shall institute an international marketing program to promote Michigan seaports and terminals.".

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

______

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

The motion prevailed.

Rep. Basham moved to amend the bill as follows:

1. Amend page 8, line 2, by striking out "3,000,000" and inserting "6,000,000".

2. Amend page 8, line 16, by striking out "0" and inserting "3,000,000" and adjusting the subtotals, totals, and section 201 accordingly.

3. Amend page 22, following line 26, by inserting:

"Sec. 337. From the $6,000,000.00 appropriated for rail grade crossings in section 110, not less than $3,000,000.00 shall be expended for the construction of a rail grade separation to be located on Pennsylvania road west of I-275 in Romulus, Wayne county.".

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

Rep. Kilpatrick demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 237 Yeas--39

Baird Garza Lemmons Schermesser

Basham Gieleghem Lockwood Scott

Bogardus Hale Mans Stallworth

Brater Hanley Martinez Switalski

Brewer Hansen Minore Tesanovich

Clark, I. Hardman Patterson Thomas

Clarke, H. Jacobs Price Vaughn

DeHart Jamnick Quarles Wojno

Dennis Kelly Rison Woodward

Garcia LaForge Schauer

Nays--60

Allen Frank Koetje Rocca

Birkholz Geiger Kowall Sanborn

Bisbee Gilbert Kuipers Scranton

Bishop Godchaux Kukuk Shackleton

Bradstreet Gosselin Law Sheltrown

Brown, B. Green Mead Shulman

Brown, C. Hager Middaugh Spade

Byl Hart Mortimer Stamas

Cassis Howell Neumann Tabor

Caul Jansen Pappageorge Toy

DeRossett Jelinek Pestka Van Woerkom

DeVuyst Jellema Pumford Vander Roest

DeWeese Johnson, Rick Raczkowski Vear

Ehardt Johnson, Ruth Richardville Voorhees

Faunce Julian Richner Woronchak

In The Chair: Birkholz

Rep. Cherry moved to amend the bill as follows:

1. Amend page 30, following line 17, by inserting:

"Sec. 612. From the funds appropriated in part 1, the department shall construct a soundwall and pursue other noise abatement measures on I-475 from Maple road south until I-475 merges with I-75 in Genesee county.".

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

______

Rep. Switalski moved that Rep. Baird be excused temporarily from today's session.

The motion prevailed.

Rep. Switalski moved to amend the bill as follows:

1. Amend page 30, following line 17, by inserting:

"Sec. 612. From funds appropriated in part 1, the department may construct a soundwall and pursue other noise abatement measures in Eastpointe along both sides of I-94 between 8 and 9 Mile roads, and in Roseville and St. Clair Shores along both sides of I-94 between 12 and 14 Mile roads.".

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

Reps. Daniels and Basham moved to amend the bill as follows:

1. Amend page 30, following line 17, by inserting:

"Sec. 612. From the state trunkline funds appropriated in sections 107, 108, and 110, $10,000,000.00 shall be expended on project planning, preliminary engineering studies, detour development, land acquisition, community education, outreach for the reconstruction, and widening of I-94 in Wayne county between Conner and I-96.".

The question being on the adoption of the amendment offered by Reps. Daniels and Basham,

Rep. Scranton moved to amend the Daniels and Basham amendment as follows:

1. Amend the Daniels and Basham Amendment, page 30, following line 17, section 612, after "I-96." by inserting "The cost of these projects shall be funded from Wayne county's allocation under section 110.".

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

The question being on the adoption of the amendment offered previously by Reps. Daniels and Basham,

The amendment was not adopted, a majority of the members serving not voting therefor.

Rep. Raczkowski moved to amend the bill as follows:

1. Amend page 30, following line 17, by inserting:

"Sec. 613. The cost of any soundwall construction or other noise abatement project on Eastbound I-275 between 8 Mile road and 10 Mile road in the city of Farmington Hills shall be funded from the allocation to the city of Farmington Hills under section 110.".

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

Reps. Geiger and Jellema moved to amend the Raczkowski amendment as follows:

1. Amend the Raczkowski Amendment, page 30, following line 17, section 613, after "Farmington Hills" by inserting "and around the majority floor leader's desk on the floor of the Michigan house of representatives.".

The question being on the adoption of the amendment offered by Reps. Geiger and Jellema,

Rep. Jellema demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendment offered by Reps. Geiger and Jellema,

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

Roll Call No. 238 Yeas--97

Allen Garcia Kuipers Sanborn

Basham Garza Kukuk Schauer

Birkholz Geiger Law Schermesser

Bisbee Gieleghem Lemmons Scott

Bishop Gilbert Lockwood Scranton

Bogardus Godchaux Mans Shackleton

Bovin Green Martinez Sheltrown

Bradstreet Hager Mead Shulman

Brater Hale Middaugh Spade

Brewer Hanley Minore Stallworth

Brown, B. Hansen Mortimer Stamas

Brown, C. Hardman Neumann Switalski

Byl Hart O'Neil Tabor

Cassis Howell Pappageorge Tesanovich

Caul Jacobs Patterson Thomas

Cherry Jamnick Price Toy

Clark, I. Jansen Pumford Van Woerkom

Clarke, H. Jelinek Quarles Vander Roest

DeHart Jellema Reeves Vaughn

Dennis Johnson, Rick Richardville Vear

DeRossett Johnson, Ruth Richner Voorhees

DeVuyst Julian Rison Wojno

DeWeese Kilpatrick Rivet Woodward

Ehardt Kowall Rocca Woronchak

Faunce

Nays--1

Raczkowski

In The Chair: Birkholz

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

Rep. Raczkowski withdrew the amendment.

Reps. Woodward and Jacobs moved to amend the bill as follows:

1. Amend page 30, following line 17, by inserting:

"Sec. 612. From the state trunkline funds appropriated in sections 107, 108, and 110, $10,000,000.00 shall be expended on project planning, preliminary engineering studies, detour development, land acquisition, community education, outreach acquisition for the reconstruction, and widening of I-75 between I-696 and M-15 in Oakland county.".

The question being on the adoption of the amendment offered by Reps. Woodward and Jacobs,

Rep. Woodward demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendment offered by Reps. Woodward and Jacobs,

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

Roll Call No. 239 Yeas--40

Basham Gieleghem LaForge Rison

Bogardus Hale Lemmons Rivet

Brater Hanley Lockwood Schermesser

Brewer Hansen Mans Scott

Brown, B. Hardman Martinez Stallworth

Clark, I. Jacobs Minore Switalski

Clarke, H. Jamnick O'Neil Tesanovich

DeHart Johnson, Ruth Price Thomas

Dennis Kelly Quarles Vaughn

Garza Kilpatrick Reeves Woodward

Nays--63

Allen Frank Kuipers Schauer

Birkholz Garcia Kukuk Scranton

Bisbee Geiger Law Shackleton

Bishop Gilbert Mead Sheltrown

Bovin Godchaux Middaugh Shulman

Bradstreet Green Mortimer Spade

Brown, C. Hager Neumann Stamas

Byl Hart Pappageorge Tabor

Cassis Howell Patterson Toy

Caul Jansen Pestka Van Woerkom

Cherry Jelinek Pumford Vander Roest

DeRossett Jellema Raczkowski Vear

DeVuyst Johnson, Rick Richardville Voorhees

DeWeese Julian Richner Wojno

Ehardt Koetje Rocca Woronchak

Faunce Kowall Sanborn

In The Chair: Birkholz

Reps. Jamnick and Hansen moved to amend the bill as follows:

1. Amend page 30, following line 17, by inserting:

"Sec. 612. From the state trunkline funds appropriated in sections 107, 108, and 110, $10,000,000.00 shall be expended on project planning, preliminary engineering studies, detour development, land acquisition, community education, outreach for the reconstruction, and widening of US 23 between I-96 in Livingston county and M-14 in Washtenaw county.".

The question being on the adoption of the amendment offered by Reps. Jamnick and Hansen,

Rep. Scranton moved to amend the Jamnick and Hansen amendment as follows:

1. Amend the Jamnick and Hansen Amendment, page 30, following line 17, section 612, after "Washtenaw county." by inserting "The cost of these projects shall be funded from the respective counties' allocation under section 110.".

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

The question being on the adoption of the amendment offered previously by Reps. Jamnick and Hansen,

The amendment was not adopted, a majority of the members serving not voting therefor.

______

Reps. Daniels and Callahan entered the House Chambers.

Rep. Vaughn moved that Rep. Garza be excused from the balance of today's session.

The motion prevailed.

Rep. DeHart moved that Rep. Schermesser be excused temporarily from today's session.

The motion prevailed.

Rep. Jacobs moved that Rep. Kilpatrick be excused temporarily from today's session.

The motion prevailed.

Reps. Shackleton, Sheltrown and Neumann moved to amend the bill as follows:

1. Amend page 30, following line 17, following section 612, by inserting:

"Sec. 613. (1) From the appropriation for contract operations in section 109, up to $5,000,000.00 is appropriated to the department for the removal of dead deer from state trunkline highways, and up to $4,000,000.00 is appropriated to county road commissions for the removal of dead deer from roads under their jurisdiction. It is the intent of the legislature that the removal of dead deer be performed by private contractors or employees of state or local units of government.

(2) The funds for animal disposal shall be distributed to each county road commission with distribution to be made based on the total percentage of dead deer killed on each county road system in 1999 compared to the statewide total of dead dear killed on all county roads in 1999.

(3) As part of maintenance reimbursement billings, counties shall include in their cost allocation the real costs associated for clearance and disposal of bovine tuberculosis infected deer carcasses on state trunkline highways. The resulting data shall be made available on or before March 15, 2001, to the department and house and senate appropriations subcommittees on agriculture.".

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

Rep. Hager moved to amend the bill as follows:

1. Amend page 37, following line 19, by inserting:

"Sec. 730. (1) From the funds appropriated in part 1, the department shall negotiate with Amtrak or another carrier to improve rail service on the Pere Marquette and the International lines, and shall appropriate up to $4,700,000.00 from the comprehensive transportation fund, other than bus operating subsidies to continue 7-day rail service on these lines. The department shall ensure that Amtrak or another carrier will continue 7-day rail passenger service between Port Huron and Chicago, with stops in Lapeer, Flint, Durand, and East Lansing.

(2) The department shall work with Amtrak or other carriers, local communities, and the federal government to increase marketing efforts to promote awareness of rail passenger service, to increase ridership, to reduce operating subsidies in conjunction with federal law, to maximize the revenue of the rail passenger lines in Michigan, and to improve on-time performance. The department shall submit a report to both the house and senate appropriations committees and the house and senate fiscal agencies by January 1, 2001, that provides a 5-year history on services, ridership, and subsidies.

(3) Future state support for the Pere Marquette and International lines is dependent on the department's ability to provide a plan and a contract for services that increase ridership and revenue, reduce operating costs and improve on-time performance. The department shall submit a report to both the house and senate appropriations committees and the house and senate fiscal agencies by January 1, 2001, detailing efforts to reduce the Pere Marquette and International lines' dependence on state operating subsidies and projected operating expenses for the next 3 years.".

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

Rep. Martinez demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 240 Yeas--77

Allen Frank Kuipers Rivet

Baird Gieleghem LaForge Rocca

Basham Gilbert Law Sanborn

Birkholz Godchaux Lemmons Schauer

Bisbee Green Lockwood Scranton

Bogardus Hager Mans Shulman

Brater Hanley Martinez Spade

Brewer Hansen Middaugh Stallworth

Brown, B. Hart Minore Switalski

Brown, C. Jacobs O'Neil Tabor

Byl Jamnick Pappageorge Tesanovich

Callahan Jansen Patterson Toy

Cherry Jelinek Pestka Van Woerkom

Clarke, H. Johnson, Rick Quarles Vaughn

Daniels Johnson, Ruth Raczkowski Vear

Dennis Julian Reeves Voorhees

DeVuyst Kelly Richardville Wojno

DeWeese Koetje Richner Woodward

Ehardt Kowall Rison Woronchak

Faunce

Nays--22

Bishop Geiger Mead Shackleton

Bovin Hale Mortimer Sheltrown

Bradstreet Hardman Neumann Stamas

Caul Howell Pumford Thomas

DeHart Jellema Scott Vander Roest

Garcia Kukuk

In The Chair: Birkholz

______

Rep. Vander Roest moved that Rep. Perricone be excused temporarily from today's session.

The motion prevailed.

Reps. Thomas and Stallworth moved to amend the bill as follows:

1. Amend page 37, following line 19, by inserting:

"Sec. 730. It is the intent of the legislature that PA 51 of 1951 reflect a commitment to fund the comprehensive transportation fund at a full 10% share of Michigan transportation fund revenues.".

The question being on the adoption of the amendment offered by Reps. Thomas and Stallworth,

Rep. Thomas demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendment offered by Reps. Thomas and Stallworth,

After debate,

Rep. DeVuyst demanded the previous question.

The demand was supported.

The question being, "Shall the main question now be put?"

The previous question was ordered.

The question being on the adoption of the amendment offered by Reps. Thomas and Stallworth,

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

Roll Call No. 241 Yeas--51

Baird Dennis Lemmons Schauer

Basham Faunce Lockwood Schermesser

Bogardus Gieleghem Mans Scott

Bovin Hale Martinez Sheltrown

Brater Hanley Minore Spade

Brewer Hansen Neumann Stallworth

Brown, B. Hardman O'Neil Switalski

Callahan Jacobs Pestka Tesanovich

Cherry Jamnick Price Thomas

Clark, I. Kelly Quarles Vaughn

Clarke, H. Kilpatrick Reeves Wojno

Daniels Kowall Rison Woodward

DeHart LaForge Rivet

Nays--55

Allen Garcia Julian Rocca

Birkholz Geiger Koetje Sanborn

Bisbee Gilbert Kuipers Scranton

Bishop Godchaux Kukuk Shackleton

Bradstreet Gosselin Law Shulman

Brown, C. Green Mead Stamas

Byl Hager Middaugh Tabor

Cassis Hart Mortimer Toy

Caul Howell Pappageorge Van Woerkom

DeRossett Jansen Patterson Vander Roest

DeVuyst Jelinek Pumford Vear

DeWeese Jellema Raczkowski Voorhees

Ehardt Johnson, Rick Richardville Woronchak

Frank Johnson, Ruth Richner

In The Chair: Birkholz

Reps. Jacobs, Quarles and Gieleghem moved to amend the bill as follows:

1. Amend page 22, following line 26, by inserting:

"Sec. 337. From funds appropriated in part 1, the department shall expend $10,000,000.00 in Oakland county and shall expend $5,000,000.00 in Macomb county for congestion relief, corridor enhancement, and vehicular traffic flow enhancements on state trunklines in order to reduce traffic congestion on I-94, I-75, and I-696.".

The question being on the adoption of the amendment offered by Reps. Jacobs, Quarles and Gieleghem,

Rep. Scranton moved to amend the Jacobs, Quarles and Gieleghem amendment as follows:

1. Amend the Jacobs, Quarles and Gieleghem Amendment, page 22, following line 26, section 337, after "I-696." by inserting "The cost of these projects shall be funded from the respective counties' allocation under section 110.".

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

Rep. Stallworth demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 242 Yeas--57

Allen Geiger Koetje Rocca

Birkholz Gilbert Kowall Sanborn

Bisbee Godchaux Kuipers Scranton

Bishop Gosselin Kukuk Shackleton

Bradstreet Green Law Shulman

Brown, C. Hager Mead Stamas

Byl Hart Middaugh Tabor

Cassis Howell Mortimer Toy

Caul Jansen Pappageorge Van Woerkom

DeRossett Jelinek Patterson Vander Roest

DeVuyst Jellema Pumford Vear

DeWeese Johnson, Rick Raczkowski Voorhees

Ehardt Johnson, Ruth Richardville Woodward

Faunce Julian Richner Woronchak

Garcia

Nays--46

Baird DeHart Lemmons Rivet

Basham Dennis Lockwood Schauer

Bogardus Frank Mans Schermesser

Bovin Gieleghem Martinez Scott

Brater Hale Minore Sheltrown

Brewer Hanley Neumann Spade

Brown, B. Hansen O'Neil Stallworth

Callahan Hardman Price Switalski

Cherry Jacobs Quarles Thomas

Clark, I. Jamnick Reeves Vaughn

Clarke, H. Kelly Rison Wojno

Daniels Kilpatrick

In The Chair: Birkholz

The question being on the adoption of the amendment offered previously by Reps. Jacobs, Quarles and Gieleghem,

The amendment was not adopted, a majority of the members serving not voting therefor.

Rep. Quarles moved to amend the bill as follows:

1. Amend page 30, following line 17, following section 613, by inserting:

"Sec. 614. From funds appropriated in part 1, the department may construct a 1-mile extension of the soundwall and pursue other noise abatement measures along I-696 in Southfield.".

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

Rep. Cassis moved to amend the bill as follows:

1. Amend page 22, following line 26, by inserting:

"Sec. 337. The department may provide funding for widening and resurfacing Grand River avenue between Beck and Novi roads, in the city of Novi, and in coordination with current project improvements.".

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

Rep. Jamnick moved to amend the bill as follows:

1. Amend page 7, line 25, by striking out "933,730,400" and inserting "931,730,400".

2. Amend page 8, following line 5, by inserting:

"University roads $ 2,000,000"

and adjusting the subtotals, totals, and section 201 accordingly.

3. Amend page 30, following line 17, by inserting:

"Sec. 612. The appropriation in section 110 for university roads shall be used for reconstruction of roads, streets, and bridges under the jurisdiction of state universities. The department shall work with the presidents of the state universities in identifying and developing projects for reconstruction of university roads, streets, and bridges. Priority shall be given to those university roads, streets, and bridges which are used heavily by the general public. At the close of the fiscal year ending September 30, 2001, any unobligated and unexpended balance in the section 110 appropriation for university roads shall not lapse but carry forward and be appropriated each fiscal year for use in reconstruction of university roads, streets, and bridges.".

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

Rep. Scranton moved to amend the Jamnick amendments as follows:

1. Amend the Jamnick Amendment No. 3, page 30, following line 17, section 612, after "bridges." by inserting "The cost of reconstruction of roads, streets, and bridges under the jurisdiction of state universities shall be funded from the allocation to the county, city or village in which the state university is located under section 110.".

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

Rep. Jamnick demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 243 Yeas--56

Allen Geiger Koetje Richner

Birkholz Gilbert Kowall Rocca

Bisbee Godchaux Kuipers Sanborn

Bishop Gosselin Kukuk Scranton

Bradstreet Green Law Shackleton

Brown, C. Hager Mead Shulman

Byl Hart Middaugh Stamas

Cassis Howell Mortimer Tabor

DeRossett Jansen Pappageorge Toy

DeVuyst Jelinek Patterson Van Woerkom

DeWeese Jellema Perricone Vander Roest

Ehardt Johnson, Rick Pumford Vear

Faunce Johnson, Ruth Raczkowski Voorhees

Garcia Julian Richardville Woronchak

Nays--51

Baird DeHart Lemmons Schauer

Basham Dennis Lockwood Schermesser

Bogardus Frank Mans Scott

Bovin Gieleghem Martinez Sheltrown

Brater Hale Minore Spade

Brewer Hanley Neumann Stallworth

Brown, B. Hansen O'Neil Switalski

Callahan Hardman Pestka Tesanovich

Caul Jacobs Price Thomas

Cherry Jamnick Quarles Vaughn

Clark, I. Kelly Reeves Wojno

Clarke, H. Kilpatrick Rison Woodward

Daniels LaForge Rivet

In The Chair: Birkholz

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

The amendments were not adopted, a majority of the members serving not voting therefor.

Rep. Gieleghem moved to amend the bill as follows:

1. Amend page 11, line 10, by striking out "3,749,500" and inserting "5,000,000" and adjusting the subtotals, totals, and section 201 accordingly.

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

Rep. Gieleghem demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 244 Yeas--52

Baird Dennis LaForge Rivet

Basham Faunce Lemmons Rocca

Bogardus Frank Lockwood Schermesser

Bovin Gieleghem Mans Scott

Brater Hale Martinez Sheltrown

Brewer Hanley Minore Spade

Brown, B. Hansen Neumann Stallworth

Callahan Hardman O'Neil Switalski

Cherry Jacobs Pestka Tesanovich

Clark, I. Jamnick Price Thomas

Clarke, H. Kelly Quarles Vaughn

Daniels Kilpatrick Reeves Wojno

DeHart Kowall Rison Woodward

Nays--51

Allen Geiger Julian Richardville

Birkholz Gilbert Koetje Richner

Bisbee Godchaux Kuipers Sanborn

Bishop Gosselin Kukuk Scranton

Bradstreet Green Law Shulman

Brown, C. Hager Mead Stamas

Cassis Hart Middaugh Tabor

Caul Howell Mortimer Toy

DeRossett Jansen Pappageorge Van Woerkom

DeVuyst Jelinek Patterson Vear

DeWeese Jellema Perricone Voorhees

Ehardt Johnson, Rick Pumford Woronchak

Garcia Johnson, Ruth Raczkowski

In The Chair: Birkholz

Rep. Scranton 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. Middaugh 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. 5284, entitled

A bill to make appropriations for the state transportation department and certain transportation purposes for the fiscal year ending September 30, 2001; to provide for the imposition of fees; to provide for reports; to create certain funds and programs; to prescribe requirements for certain railroad and bus facilities; to prescribe certain powers and duties of certain state departments and officials, certain state institutions of higher education, and local units of government; and to provide for the expenditure of the appropriations.

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

Roll Call No. 245 Yeas--105

Allen Faunce Koetje Richner

Baird Frank Kowall Rison

Basham Garcia Kuipers Rivet

Birkholz Geiger Kukuk Rocca

Bisbee Gieleghem LaForge Sanborn

Bishop Gilbert Law Schauer

Bogardus Godchaux Lemmons Schermesser

Bovin Gosselin Lockwood Scott

Bradstreet Green Mans Scranton

Brater Hager Martinez Shackleton

Brewer Hale Mead Sheltrown

Brown, B. Hanley Middaugh Shulman

Brown, C. Hansen Minore Spade

Byl Hardman Mortimer Stallworth

Callahan Hart Neumann Stamas

Cassis Howell O'Neil Switalski

Caul Jacobs Pappageorge Tabor

Cherry Jamnick Patterson Tesanovich

Clark, I. Jansen Perricone Toy

Clarke, H. Jelinek Pestka Van Woerkom

Daniels Jellema Price Vander Roest

DeHart Johnson, Rick Pumford Vaughn

Dennis Johnson, Ruth Quarles Vear

DeRossett Julian Raczkowski Voorhees

DeVuyst Kelly Reeves Wojno

DeWeese Kilpatrick Richardville Woronchak

Ehardt

Nays--0

In The Chair: Birkholz

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

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

A bill to make appropriations for the state transportation department and certain transportation purposes for the fiscal year ending September 30, 2001; to provide for the imposition of fees; to provide for reports; to create certain funds and programs; to prescribe requirements for certain railroad and bus facilities; to prescribe certain powers and duties of certain state departments and officials and local units of government; and to provide for the expenditure of the appropriations.

The motion prevailed.

The House agreed to the title as amended.

Senate Bill No. 519, entitled

A bill to amend 1980 PA 87, entitled "The uniform condemnation procedures act," by amending section 5 (MCL 213.55), as amended by 1996 PA 474.

(The bill was read a third time and passed for the day on December 9, 1999, see House Journal No. 86 of 1999, p. 2544.)

The question being on the passage of the bill,

Rep. Middaugh moved that the bill be re-referred to the Committee on Local Government and Urban Policy.

The motion prevailed.

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

The motion prevailed.

By unanimous consent the House returned to the order of

Messages from the Senate

House Bill No. 5486, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending sections 816, 841, 880, 880b, 880c, 1021, 1517, and 2922 (MCL 600.816, 600.841, 600.880, 600.880b, 600.880c, 600.1021, 600.1517, and 600.2922), section 816 as amended by 1995 PA 14, sections 841 and 1517 as amended and section 1021 as added by 1996 PA 388, section 880 as amended and sections 880b and 880c as added by 1993 PA 189, and section 2922 as amended by 1985 PA 93.

The Senate has amended the bill as follows:

1. Amend page 2, line 24, after "330.1456." by inserting "NOTHING IN THIS SECTION PROHIBITS A JUDGE FROM HOLDING A HEARING REGARDING AN INDIVIDUAL ALLEGED TO NEED PROTECTION AT A SITE THE COURT CONSIDERS APPROPRIATE AS PROVIDED BY SECTION 5406 OF THE ESTATES AND PROTECTED INDIVIDUALS CODE, 1998 PA 386, MCL 700.5406.".

2. Amend page 12, line 2, after "330.1456." by inserting "NOTHING IN THIS SECTION PROHIBITS A JUDGE FROM HOLDING A HEARING REGARDING AN INDIVIDUAL ALLEGED TO NEED PROTECTION AT A SITE THE COURT CONSIDERS APPROPRIATE AS PROVIDED BY SECTION 5406 OF THE ESTATES AND PROTECTED INDIVIDUALS CODE, 1998 PA 386, MCL 700.5406.".

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

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

Rep. Middaugh moved that Rule 45 be suspended.

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

The question being on concurring in the amendments made to the bill by the Senate,

The amendments were concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 246 Yeas--104

Allen Ehardt Kilpatrick Rison

Baird Faunce Koetje Rivet

Basham Frank Kowall Rocca

Birkholz Garcia Kuipers Schauer

Bisbee Geiger Kukuk Schermesser

Bishop Gieleghem LaForge Scott

Bogardus Gilbert Law Scranton

Bovin Godchaux Lemmons Shackleton

Bradstreet Gosselin Lockwood Sheltrown

Brater Green Mans Shulman

Brewer Hager Martinez Spade

Brown, B. Hale Mead Stallworth

Brown, C. Hanley Middaugh Stamas

Byl Hansen Minore Switalski

Callahan Hardman Mortimer Tabor

Cassis Hart Neumann Tesanovich

Caul Howell O'Neil Thomas

Cherry Jacobs Pappageorge Toy

Clark, I. Jamnick Patterson Van Woerkom

Clarke, H. Jansen Pestka Vander Roest

Daniels Jelinek Pumford Vaughn

DeHart Jellema Quarles Vear

Dennis Johnson, Rick Raczkowski Voorhees

DeRossett Johnson, Ruth Reeves Wojno

DeVuyst Julian Richardville Woodward

DeWeese Kelly Richner Woronchak

Nays--0

In The Chair: Birkholz

The House agreed to the full title of the bill.

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

House Bill No. 5498, entitled

A bill to amend 1967 PA 224, entitled "Powers of appointment act of 1967," by amending section 4 (MCL 556.114).

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

The Senate has passed the bill as substituted (S-1), ordered that it be given immediate effect and amended the title to read as follows:

A bill to amend 1967 PA 224, entitled "An act relating to powers, the creation and exercise of powers, release of powers, contracts to appoint, dispositions when powers are unexercised, rights of creditors of donees of powers, computations under the rule against perpetuities, reservation of powers of revocation, and recording of instruments; and to repeal certain acts and parts of acts," by amending sections 4 and 20 (MCL 556.114 and 556.130).

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

Rep. Middaugh moved that Rule 45 be suspended.

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

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

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

Roll Call No. 247 Yeas--105

Allen Faunce Koetje Rison

Baird Frank Kowall Rivet

Basham Garcia Kuipers Rocca

Birkholz Geiger Kukuk Schauer

Bisbee Gieleghem LaForge Schermesser

Bishop Gilbert Law Scott

Bogardus Godchaux Lemmons Scranton

Bovin Gosselin Lockwood Shackleton

Bradstreet Green Mans Sheltrown

Brater Hager Martinez Shulman

Brewer Hale Mead Spade

Brown, B. Hanley Middaugh Stallworth

Brown, C. Hansen Minore Stamas

Byl Hardman Mortimer Switalski

Callahan Hart Neumann Tabor

Cassis Howell O'Neil Tesanovich

Caul Jacobs Pappageorge Thomas

Cherry Jamnick Patterson Toy

Clark, I. Jansen Perricone Van Woerkom

Clarke, H. Jelinek Pestka Vander Roest

Daniels Jellema Pumford Vaughn

DeHart Johnson, Rick Quarles Vear

Dennis Johnson, Ruth Raczkowski Voorhees

DeRossett Julian Reeves Wojno

DeVuyst Kelly Richardville Woodward

DeWeese Kilpatrick Richner Woronchak

Ehardt

Nays--0

In The Chair: Birkholz

The House agreed to the title as amended.

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

By unanimous consent the House returned to the order of

Motions and Resolutions

Rep. Middaugh moved that pursuant to House Rule 20, the Clerk of the House be authorized to enroll House bills while the House is not in session.

The motion prevailed.

Rep. Middaugh moved that when the House adjourns today it stand adjourned until Tuesday, April 11, at 10:00 a.m.

The motion prevailed.

Rep. Minore moved that the Committee on Employment Relations, Training and Safety be discharged from further consideration of House Bill No. 4508.

(For first notice see House Journal No. 27, p. 576.)

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

Rep. Minore demanded the yeas and nays.

The demand was supported.

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

Rep. Middaugh moved that consideration of the motion be postponed for the day.

The motion prevailed.

Reps. Hale, Brater, Bogardus, Schermesser, DeHart, Jacobs, Clark, Quarles, Thomas, Woodward, Wojno, Hansen, Hardman, Jamnick, Minore, Frank, Rivet, Godchaux, Shulman, Kowall, DeWeese, Tabor, DeRossett, Cassis, Stamas, Hart, Scott, Patterson, Price, Brewer, Jansen, Lemmons, Kelly, Hanley, Ehardt and Kilpatrick offered the following resolution:

House Resolution No. 308.

A resolution to memorialize the Congress of the United States to consider sanctions against Austria to protest the policies of Joerg Haider.

Whereas, The policies and statements of Austrian political leader Joerg Haider have been met with alarm and condemnation by much of the European community and many other nations. The governor of the province of Carinthia and, until recently, the head of the Freedom Party, Joerg Haider is well known for remarks playing down the realities of the Holocaust and playing up old ethnic fears. In recent years, Haider has made many disturbing statements and used a divisive approach to attract support for the Freedom Party. His tactics and success have aroused fears of what would happen if he is successful in his aim to become the Chancellor of Austria in the near future; and

Whereas, Nations keenly aware of the horrors imposed on the world because of similar philosophies have reacted to Haider's remarks of sympathy for Nazi actions and policies. Canada and the European Union have voiced concerns, as have the United States and Israel. In addition to the disturbing nature of Haider's statements, the Jewish community in Vienna has made public its concerns over increased harassment during the Freedom Party's election campaign last summer; and

Whereas, The United States has taken strong diplomatic and economic stands against governments that oppress or threaten specific groups of people. The option of diplomatic or economic sanctions must be seriously considered if Austria follows the path of extremism and hatred; now, therefore, be it

Resolved by the House of Representatives, That we memorialize the Congress of the United States to consider sanctions against Austria to protest the policies of Joerg Haider; and be it further

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

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

Reps. Kuipers, Scranton, Jellema, Stamas, Pappageorge, Caul, Green, Ruth Johnson, DeVuyst, Cassis, Howell, Bisbee, Sanborn, Gosselin, Voorhees, Kukuk, Godchaux, Cameron Brown, Bishop, Vander Roest, Pumford, Bradstreet, Toy, Richner, Allen, Koetje, Rick Johnson, Middaugh, Ehardt, Garcia, Hart, Van Woerkom, Mead, Geiger, Byl, Shulman, Patterson, Jansen, Mortimer, Richardville, Kowall, DeRossett, Hager, Gilbert, Shackleton, Schauer, Julian, DeWeese, Raczkowski, Vear, Tabor, Woronchak, Daniels, O'Neil, Pestka, Frank, Sheltrown, Mans and Spade offered the following resolution:

House Resolution No. 310.

A resolution to memorialize the Congress of the United States to enact the Installment Tax Correction Act of 2000.

Whereas, In 1999, the Congress of the United States passed Public Law 106-170, the Ticket to Work and Work Incentives Improvement Act. In part, this act severely limits the ability of several million small business owners to sell their businesses. This act forces owners to pay capital gains taxes after the sale of their businesses even if they receive the cash in installments over several years; and

Whereas, This tax is a small business killer. It affects more than 260,000 businesses nationwide since most businesses with less than $50 million in annual revenue rely on installment agreements to sell their companies. Moveover, this tax devalues businesses, disrupts thousands of sale transactions and forces owners who are set to retire upon the sale of their company to continue operating their businesses; and

Whereas, Small business owners prefer to pay capital gains taxes as the cash installments are received. This installment method is far more equitable than the current process; now, therefore, be it

Resolved by the House of Representatives, That we memorialize the Congress of the United States to enact the Installment Tax Correction Act of 2000; and be it further

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

The resolution was referred to the Committee on Tax Policy.

Reports of Standing Committees

The Committee on Local Government and Urban Policy, by Rep. Birkholz, Chair, reported

Senate Bill No. 956, entitled

A bill to amend 1877 PA 164, entitled "An act to authorize cities, incorporated villages, and townships to establish and maintain, or contract for the use of, free public libraries and reading rooms; and to prescribe penalties and provide remedies," by amending section 2 (MCL 397.202).

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

SB 956 To Report Out:

Yeas: Reps. Birkholz, Hager, Bishop, DeWeese, Julian, Tabor, Vander Roest, Lockwood, Jamnick, Minore, Reeves,

Nays: None.

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Birkholz, Chair of the Committee on Local Government and Urban Policy, was received and read:

Meeting held on: Thursday, March 23, 2000, at 9:00 a.m.,

Present: Reps. Birkholz, Hager, Bishop, DeWeese, Julian, Tabor, Vander Roest, Lockwood, Jamnick, Minore, Reeves.

Announcement by the Clerk of Printing and Enrollment

The Clerk announced that the following bills had been printed and placed upon the files of the members, Thursday, March 23:

House Bill Nos. 5536 5537 5538

The Clerk announced that the following Senate bills had been received on Thursday, March 23:

Senate Bill Nos. 963 967 968 1056 1057 1058 1059 1060 1063 1068 1069 1071 1072 1073 1074

By unanimous consent the House returned to the order of

Messages from the Senate

House Bill No. 4523, entitled

A bill to amend 1976 PA 388, entitled "An act to regulate political activity; to regulate campaign financing; to restrict campaign contributions and expenditures; to require campaign statements and reports; to regulate anonymous contributions; to regulate campaign advertising and literature; to provide for segregated funds for political purposes; to provide for the use of public funds for political purposes; to create certain funds; to provide for reversion, retention, or refunding of unexpended balances in certain funds; to require other statements and reports; to regulate acceptance of certain gifts, payments, and reimbursements; to prescribe the powers and duties of certain state departments and state and local officials and employees; to provide appropriations; to prescribe penalties and provide remedies; and to repeal certain acts and parts of acts," by amending section 35 (MCL 169.235), as amended by 1999 PA 238.

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

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

House Bill No. 5040, entitled

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

The Senate has passed the bill and pursuant to Joint Rule 20, inserted the full title.

The House agreed to the full title.

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

House Bill No. 5041, entitled

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

The Senate has passed the bill and pursuant to Joint Rule 20, inserted the full title.

The House agreed to the full title.

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

House Bill No. 5042, entitled

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

The Senate has passed the bill and pursuant to Joint Rule 20, inserted the full title.

The House agreed to the full title.

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

House Bill No. 5485, entitled

A bill to amend 1939 PA 288, entitled "Probate code of 1939," by amending section 23e of chapter X and sections 2, 13a, and 18 of chapter XIIA (MCL 710.23e, 712A.2, 712A.13a, and 712A.18), section 23e of chapter X as amended by 1994 PA 373, sections 2 and 13a of chapter XIIA as amended by 1998 PA 530, and section 18 of chapter XIIA as amended by 1999 PA 86.

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

The House agreed to the full title.

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

House Bill No. 5487, entitled

A bill to amend 1974 PA 258, entitled "Mental health code," by amending sections 498h, 498j, 604, and 632 (MCL 330.1498h, 330.1498j, 330.1604, and 330.1632), section 498h as amended by 1996 PA 588 and section 498j as added by 1984 PA 186.

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

The House agreed to the full title.

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

House Bill No. 5488, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 1106, 5653, and 5654 (MCL 333.1106, 333.5653, and 333.5654), section 1106 as amended by 1996 PA 307 and sections 5653 and 5654 as added by 1996 PA 594.

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

The House agreed to the full title.

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

House Bill No. 5489, entitled

A bill to amend 1996 PA 193, entitled "Michigan do-not-resuscitate procedure act," by amending section 2 (MCL 333.1052).

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

The House agreed to the full title.

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

House Bill No. 5490, entitled

A bill to amend 1970 PA 91, entitled "Child custody act of 1970," by amending section 6b (MCL 722.26b), as amended by 1993 PA 259.

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

The House agreed to the full title.

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

House Bill No. 5491, entitled

A bill to amend 1939 PA 280, entitled "The social welfare act," by amending sections 11b and 115j (MCL 400.11b and 400.115j), section 11b as amended by 1990 PA 122 and section 115j as added by 1994 PA 238.

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

The House agreed to the full title.

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

House Bill No. 5492, entitled

A bill to amend 1999 PA 276, entitled "Banking code of 1999," by amending section 4402 (MCL 487.14402).

The Senate has passed the bill by a 2/3 vote, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

The House agreed to the full title.

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

House Bill No. 5493, entitled

A bill to amend 1996 PA 354, entitled "Savings bank act," by amending section 422 (MCL 487.3422).

The Senate has passed the bill by a 2/3 vote, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

The House agreed to the full title.

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

House Bill No. 5494, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 236 (MCL 257.236), as amended by 1990 PA 181.

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

The House agreed to the full title.

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

House Bill No. 5495, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 20101b and 80312 (MCL 324.20101b and 324.80312), section 20101b as added by 1995 PA 71 and section 80312 as added by 1995 PA 58.

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

The House agreed to the full title.

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

House Bill No. 5496, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 145n (MCL 750.145n), as added by 1994 PA 149.

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

The House agreed to the full title.

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

House Bill No. 5497, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 834 (MCL 600.834), as amended by 1996 PA 388.

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

The House agreed to the full title.

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

Senate Bill No. 963, entitled

A bill to make appropriations for community colleges and certain state purposes related to education for the fiscal year ending September 30, 2001; to provide for the expenditures of those appropriations; to establish or continue certain funds, programs, and categories; 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. 967, 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, 2001; 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. 968, entitled

A bill to make, supplement, and adjust appropriations for various state departments and agencies for the fiscal year ending September 30, 2000; to provide for the expenditure of the appropriations; 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 Appropriations.

Senate Bill No. 1056, entitled

A bill to amend 1964 PA 158, entitled "An act to provide for the licensing of wholesale potato dealers; to prescribe certain powers and duties for certain state agencies; to require certain types of financial security for certain persons under certain circumstances, and to prescribe the procedure for its enforcement; to provide remedies and penalties for violations of the act; and to repeal certain acts and parts of acts," by repealing section 13 (MCL 290.463).

The Senate has passed the bill.

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

Senate Bill No. 1057, entitled

A bill to repeal 1863 PA 211, entitled "An act to establish a military school in connection with the agricultural college," (MCL 390.171 to 390.173).

The Senate has passed the bill.

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

Senate Bill No. 1058, entitled

A bill to amend 1909 PA 269, entitled "An act to revise the laws relating to Michigan state university; and to prescribe the powers and duties of the board of trustees of Michigan state university," by repealing section 13 (MCL 390.113).

The Senate has passed the bill.

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

Senate Bill No. 1059, entitled

A bill to amend 1909 PA 269, entitled "An act to revise the laws relating to Michigan state university; and to prescribe the powers and duties of the board of trustees of Michigan state university," by repealing section 14 (MCL 390.114).

The Senate has passed the bill.

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

Senate Bill No. 1060, entitled

A bill to amend 1909 PA 269, entitled "An act to revise the laws relating to Michigan state university; and to prescribe the powers and duties of the board of trustees of Michigan state university," by repealing section 15 (MCL 390.115).

The Senate has passed the bill.

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

Senate Bill No. 1063, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 8707 and 8715 (MCL 324.8707 and 324.8715), section 8715 as amended by 1995 PA 61; 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 Agriculture and Resource Management.

Senate Bill No. 1068, entitled

A bill to repeal 1927 PA 275, entitled "An act to authorize the governor and state treasurer to refund the 6 per cent bonds secured by mortgage deed of trust of the Michigan state fair grounds; to call, pay and retire the outstanding bonds, and to issue new bonds to procure the funds to pay and retire said outstanding bonds," (MCL 12.31 to 12.35).

The Senate has passed the bill.

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

Senate Bill No. 1069, entitled

A bill to repeal 1978 PA 279, entitled "Weather modification control act," (MCL 295.101 to 295.132).

The Senate has passed the bill.

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

Senate Bill No. 1071, entitled

A bill to repeal 1917 PA 263, entitled "An act to create the office of food and drug commissioner; to prescribe his powers, duties and compensation; to provide for the enforcement of the drug and liquor, dairy and food, and weights and measures laws; to abolish the office of dairy and food commissioner; and to provide for expenditures in connection therewith," (MCL 289.2 to 289.12).

The Senate has passed the bill.

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

Senate Bill No. 1072, entitled

A bill to repeal 1978 PA 116, entitled "The John C. Hertel toxic substance control commission act," (MCL 286.181 to 286.194).

The Senate has passed the bill.

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

Senate Bill No. 1073, entitled

A bill to repeal 1919 PA 96, entitled "An act to provide for official county cream testers, the purchase of testing equipment, and prescribing their duties," (MCL 288.181 to 288.184).

The Senate has passed the bill.

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

Senate Bill No. 1074, entitled

A bill to repeal 1965 PA 280, entitled "An act to provide for licensing and regulating of slaughterhouses, edible rendering establishments and wholesale fabricating, processing or storage establishments of meat; to provide for the antemortem and postmortem inspection and reinspection of slaughtered meat animals; to prescribe the duties and powers of the department of agriculture; to prescribe license fees; to provide for the transfer of personnel and the rights of employees affected by this act; to provide for inspection of large wild game animals; and to provide penalties for violation of the provisions of this act," (MCL 287.571 to 287.582).

The Senate has passed the bill.

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

Notices

I hereby give notice that on the next legislative session day I will move to discharge the Committee on Appropriations from further consideration of House Bill No. 4740.

Rep. Jacobs

Introduction of Bills

Reps. Tesanovich, Prusi, Hale, Thomas, Dennis, Shackleton, Pappageorge, Martinez, Sheltrown, Bovin, LaForge, Scott, Bogardus, Pumford and Mead introduced

House Bill No. 5539, entitled

A bill to amend 1988 PA 466, entitled "Animal industry act of 1987," by amending sections 8 and 30b (MCL 287.708 and 287.730b), as amended by 1998 PA 552.

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

Rep. Frank introduced

House Bill No. 5540, entitled

A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding section 16631.

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

Reps. Jellema, Kuipers, Pappageorge, Howell, Bovin, Baird, Rick Johnson, Clarke, Rivet, Byl, Hart, Van Woerkom, Allen, Hager, Stallworth, Kelly, Richardville, Scranton, Basham and Raczkowski introduced

House Bill No. 5541, entitled

A bill to amend 1976 PA 295, entitled "State transportation preservation act of 1976," (MCL 474.51 to 474.70) by amending the title, as amended by 1984 PA 210, and by adding section 15a.

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

Rep. Rivet introduced

House Bill No. 5542, entitled

A bill to amend 1943 PA 184, entitled "Township zoning act," by amending section 40 (MCL 125.310), as added by 1996 PA 570, and by adding section 16h.

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

Reps. Birkholz, Scranton, Voorhees, Toy, Tabor, Baird, Gilbert, Caul, Middaugh, DeRossett, Rocca and Ruth Johnson introduced

House Bill No. 5543, entitled

A bill to amend 1939 PA 288, entitled "Probate code of 1939," (MCL 710.21 to 712A.32) by adding section 19e to chapter XIIA.

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

Reps. Gilbert, Julian and Hager introduced

House Bill No. 5544, entitled

A bill to amend 1967 PA 288, entitled "Land division act," by amending section 102 (MCL 560.102), as amended by 1996 PA 591.

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

______

Rep. Faunce moved that the House adjourn.

The motion prevailed, the time being 4:15 p.m.

The Speaker Pro Tempore declared the House adjourned until Tuesday, April 11, at 10:00 a.m.

GARY L. RANDALL

Clerk of the House of Representatives.