hj11058t.075

No. 75

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

89th Legislature

REGULAR SESSION OF 1998

House Chamber, Lansing, Thursday, November 5, 1998.

10:00 a.m.

The House was called to order by the Speaker.

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

Agee--present

Alley--present

Anthony--present

Baade--present

Baird--present

Bankes--present

Basham--present

Birkholz--present

Bobier--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--excused

Dobb--present

Dobronski--excused

Emerson--present

Fitzgerald--present

Frank--present

Freeman--present

Gagliardi--present

Galloway--present

Geiger--present

Gernaat--present

Gilmer--present

Gire--present

Godchaux--present

Goschka--present

Green--present

Griffin--absent

Gubow--present

Gustafson--present

Hale--present

Hammerstrom--present

Hanley--present

Harder--present

Hertel--present

Horton--present

Jansen--present

Jelinek--present

Jellema--present

Johnson--present

Kaza--present

Kelly--present

Kilpatrick--present

Kukuk--present

LaForge--present

Law--present

Leland--present

LeTarte--present

Llewellyn--present

London--present

Lowe--present

Mans--present

Martinez--present

Mathieu--present

McBryde--present

McManus--excused

McNutt--present

Middaugh--present

Middleton--present

Murphy--present

Nye--present

Olshove--present

Owen--absent

Oxender--excused

Palamara--present

Parks--present

Perricone--present

Price--present

Profit--present

Prusi--present

Quarles--present

Raczkowski--present

Rhead--present

Richner--present

Rison--present

Rocca--present

Sanborn--present

Schauer--present

Schermesser--present

Schroer--present

Scott--present

Scranton--present

Sikkema--present

Stallworth--present

Tesanovich--present

Thomas--present

Varga--excused

Vaughn--present

Voorhees--present

Walberg--present

Wallace--present

Wetters--present

Whyman--present

Willard--present

Wojno--present

e/d/s = entered during session

Brittany Barrett Boos, from the 54th District, offered the following invocation:

"A reading from Psalms 25, Verse 4. Make me to know thy ways, O Lord; teach me thy paths. Lead me in thy truth and teach me, for thou art the God of my salvation.

Dear God, We offer a special prayer today for the blessings of all children throughout the world. May the Lord guide and watch over our future generations. We give thanks for those legislators who are about to retire, and ask for Your guidance for the new legislators that join us today.

May we be renewed each day in all that we do. May we understand the wonder and glory of all Your creation. We ask for strength and courage in our generation, so that these blessings may be shared by all.

For my parents and my grandparents, my aunts, uncles, cousins, and my brother, Zachary. For my teachers and my classmates, and for all children and mankind everywhere; I offer this blessing in a manner appropriate to each of you joining me in this prayer; All things bright and beautiful, all creatures great and small, all things wise and wonderful, the Lord God made them all. Amen."

______

Rep. Cherry moved that Reps. Dobronski and Varga be excused from today's session.

The motion prevailed.

Rep. Hammerstrom moved that Reps. DeVuyst, Oxender and McManus be excused from today's session.

The motion prevailed.

Motions and Resolutions

Rep. Gagliardi moved that a respectful message be sent to the Senate requesting the return of Senate Bill No. 1170.

The motion prevailed.

Reports of Standing Committees

The Committee on Tourism, by Rep. Baade, Chair, reported

House Resolution No. 363.

A resolution to support the establishment of a Great Lakes Lighthouse Center and Museum at Mackinaw City.

(For text of resolution, see House Journal No. 70, p. 2006.)

With the recommendation that the resolution be adopted.

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

Favorable Roll Call

HR 363 To Report Out:

Yeas: Reps. Baade, Brewer, Wetters, Willard, Bodem, Brackenridge,

Nays: None.

The Committee on Tourism, by Rep. Baade, Chair, reported

House Resolution No. 364.

A resolution to encourage the establishment of a Great Lakes Mariners' Memorial at Whitefish Point.

(For text of resolution, see House Journal No. 70, p. 2006.)

With the recommendation that the resolution be adopted.

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

Favorable Roll Call

HR 364 To Report Out:

Yeas: Reps. Baade, Brewer, Wetters, Willard, Bodem, Brackenridge,

Nays: None.

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Thursday, November 5, 1998, at 9:00 a.m.,

Present: Reps. Baade, Brewer, Wetters, Willard, Bodem, Brackenridge,

Absent: Reps. Vaughn, Horton, Lowe,

Excused: Reps. Vaughn, Horton, Lowe.

Messages from the Senate

House Bill No. 5268, entitled

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

The 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 on September 25, 1998.

House Bill No. 5516, entitled

A bill to amend 1979 PA 94, entitled "The state school aid act of 1979," by amending sections 11, 11i, 20, 25, 51a, 62, 81, 101, and 166b (MCL 388.1611, 388.1611i, 388.1620, 388.1625, 388.1651a, 388.1662, 388.1681, 388.1701, and 388.1766b), sections 11, 20, 51a, 62, 81, and 101 as amended and section 11i as added by 1997 PA 142, section 25 as amended by 1997 PA 93, and section 166b as amended by 1996 PA 300, and by adding sections 11j, 11k, 11l, 25a, 31b, 31d, and 63.

(For text of conference report, see House Journal No. 74, p. 2227.)

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

The bill was referred to the Clerk for enrollment printing and presentation to the Governor on September 25, 1998.

House Bill No. 5796, entitled

A bill to amend 1989 PA 292, entitled "Metropolitan council act," by amending the title and sections 1, 3, 5, 7, 9, 11, 13, 15, 17, 19, 21, 23, 25, 27, 29, 31, 33, and 35 (MCL 124.651, 124.653, 124.655, 124.657, 124.659, 124.661, 124.663, 124.665, 124.667, 124.669, 124.671, 124.673, 124.675, 124.677, 124.679, 124.681, 124.683, and 124.685) and by adding sections 65, 67, 69, 71, 73, 75, 77, and 79.

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 on September 25, 1998.

House Bill No. 5271, entitled

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

The Senate has amended the bill as follows:

1. Amend page 6, following line 12, enacting section 2, after "effect" by striking out "July 1, 1998" and inserting "January 1, 1999".

The Senate has passed the bill as amended, ordered that the bill 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.

Senate Bill No. 752, entitled

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

The Senate has amended the House amendment as follows:

1. Amend House Amendment No. 2, page 2, line 11, enacting section 1, after "effect" by striking out "July 1, 1998" and inserting "January 1, 1999".

The Senate has concurred in the House amendments as amended, ordered that it given immediate effect and agreed to the full title.

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

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

Senate Bill No. 1170, entitled

A bill to amend 1974 PA 258, entitled "An act to codify, revise, consolidate, and classify the laws relating to mental health; to prescribe the powers and duties of certain state and local agencies and officials and certain private agencies and individuals; to regulate certain agencies and facilities providing mental health services; to provide for certain charges and fees; to establish civil admission procedures for individuals with mental illness or developmental disability; to establish guardianship procedures for individuals with developmental disability; to establish procedures regarding individuals with mental illness or developmental disability who are in the criminal justice system; to provide for penalties and remedies; and to repeal acts and parts of acts," by amending section 226 (MCL 330.1226), as amended by 1996 PA 588.

The message was referred to the Clerk.

Notices

October 20, 1998

Effective immediately, I am hereby appointing Representative Tom Mathieu as Chairman of the House Appropriations Committee, replacing the late Representative Morris Hood, Jr.

If you have any questions, feel free to contact my office.

Sincerely,

Curtis Hertel

Speaker of the House

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, Wednesday, September 23:

Senate Bill Nos. 1298 1299 1300 1301 1302 1303 1304 1305 1306 1308 1309 1310 1311 1312 1313 1315 1316

The Clerk announced the enrollment printing and presentation to the Governor on Friday, September 25, for his approval of the following bill:

Enrolled Senate Bill No. 908 at 11:38 a.m.

The Clerk announced that the following bills had been printed and placed upon the files of the members, Monday, September 28:

House Bill Nos. 6173 6174 6175 6176 6177 6178 6179 6180 6181 6182 6183 6184 6185

The Clerk announced the enrollment printing and presentation to the Governor on Tuesday, September 29, for his approval of the following bill:

Enrolled Senate Bill No. 677 at 4:06 p.m.

The Clerk announced that the following bills had been printed and placed upon the files of the members, Wednesday, September 30:

House Bill Nos. 6186 6187 6188 6189 6190 6191 6192 6193 6194 6195 6196 6197 6198 6199 6200 6201 6202 6203 6204 6205 6206 6207 6208 6209 6210 6211 6212 6213

The Clerk announced the enrollment printing and presentation to the Governor on Tuesday, October 6, for his approval of the following bills:

Enrolled House Bill No. 4482 at 1:15 p.m.

Enrolled House Bill No. 4786 at 1:17 p.m.

Enrolled House Bill No. 4983 at 1:19 p.m.

Enrolled House Bill No. 5069 at 1:21 p.m.

Enrolled House Bill No. 5078 at 1:23 p.m.

Enrolled House Bill No. 5212 at 1:25 p.m.

Enrolled House Bill No. 5213 at 1:27 p.m.

Enrolled House Bill No. 5268 at 1:29 p.m.

Enrolled House Bill No. 5315 at 1:31 p.m.

Enrolled House Bill No. 5386 at 1:33 p.m.

Enrolled House Bill No. 5389 at 1:35 p.m.

Enrolled House Bill No. 5516 at 1:37 p.m.

Enrolled House Bill No. 5783 at 1:39 p.m.

Enrolled House Bill No. 5784 at 1:41 p.m.

Enrolled House Bill No. 5796 at 1:43 p.m.

Enrolled House Bill No. 5887 at 1:45 p.m.

The Clerk announced the enrollment printing and presentation to the Governor on Wednesday, October 7, for his approval of the following bills:

Enrolled House Bill No. 4210 at 10:30 a.m.

Enrolled House Bill No. 4576 at 10:32 a.m.

Enrolled House Bill No. 4959 at 10:34 a.m.

Enrolled House Bill No. 4960 at 10:36 a.m.

Enrolled House Bill No. 4961 at 10:38 a.m.

Enrolled House Bill No. 5122 at 10:40 a.m.

Enrolled House Bill No. 5123 at 10:42 a.m.

Enrolled House Bill No. 5951 at 10:44 a.m.

Enrolled House Bill No. 5952 at 10:46 a.m.

Enrolled House Bill No. 5953 at 10:48 a.m.

Enrolled House Bill No. 5954 at 10:50 a.m.

Enrolled House Bill No. 5955 at 10:52 a.m.

Enrolled House Bill No. 5956 at 10:54 a.m.

Enrolled Senate Bill No. 57 at 2:54 p.m.

Enrolled Senate Bill No. 268 at 2:56 p.m.

Enrolled Senate Bill No. 269 at 2:58 p.m.

Enrolled Senate Bill No. 625 at 3:00 p.m.

Enrolled Senate Bill No. 627 at 3:02 p.m.

Enrolled Senate Bill No. 776 at 3:04 p.m.

Enrolled Senate Bill No. 855 at 3:06 p.m.

Enrolled Senate Bill No. 869 at 3:08 p.m.

Enrolled Senate Bill No. 870 at 3:10 p.m.

Enrolled Senate Bill No. 953 at 3:12 p.m.

The Clerk announced the enrollment printing and presentation to the Governor on Friday, October 9, for his approval of the following bills:

Enrolled Senate Bill No. 181 at 11:43 a.m.

Enrolled Senate Bill No. 778 at 11:45 a.m.

Enrolled Senate Bill No. 941 at 11:47 a.m.

Enrolled Senate Bill No. 1025 at 11:49 a.m.

Enrolled Senate Bill No. 1128 at 11:51 a.m.

Enrolled Senate Bill No. 1149 at 11:53 a.m.

Enrolled Senate Bill No. 1209 at 11:55 a.m.

The Clerk announced the enrollment printing and presentation to the Governor on Monday, October 12, for his approval of the following bills:

Enrolled Senate Bill No. 1136 at 3:25 p.m.

The Clerk announced the enrollment printing and presentation to the Governor on Tuesday, October 27, for his approval of the following bills:

Enrolled Senate Bill No. 209 at 11:30 a.m.

The Clerk announced that the following Senate bill had been received on Thursday, November 5:

Senate Bill No. 1228

The Clerk announced that the following Senate bills had been approved and signed by the Governor:

Enrolled Senate Bill No. 908 - Public Act No. 336

Enrolled Senate Bill No. 677 - Public Act No. 337

Enrolled Senate Bill No. 269 - Public Act No. 345

Enrolled Senate Bill No. 625 - Public Act No. 346

Enrolled Senate Bill No. 627 - Public Act No. 347

Enrolled Senate Bill No. 869 - Public Act No. 348

Enrolled Senate Bill No. 870 - Public Act No. 350

Enrolled Senate Bill No. 953 - Public Act No. 351

Enrolled Senate Bill No. 268 - Public Act No. 355

Enrolled Senate Bill No. 1136 - Public Act No. 375

Enrolled Senate Bill No. 57 - Public Act No. 376

Enrolled Senate Bill No. 855 - Public Act No. 377

Enrolled Senate Bill No. 776 - Public Act No. 378

Enrolled Senate Bill No. 778 - Public Act No. 379

Enrolled Senate Bill No. 1149 - Public Act No. 380

Enrolled Senate Bill No. 1025 - Public Act No. 381

Enrolled Senate Bill No. 181 - Public Act No. 382

Enrolled Senate Bill No. 1209 - Public Act No. 383

Enrolled Senate Bill No. 941 - Public Act No. 384

Enrolled Senate Bill No. 1128 - Public Act No. 385

Messages from the Governor

The following message from the Governor was received September 27, 1998 and read:

EXECUTIVE ORDER 1998 - 6

National Guard Assistance

WHEREAS, on September 26, 1998, severe winds struck the County of Otsego; and

WHEREAS, the severe winds have resulted in numerous injuries, widespread power outages, debris in streets, and security problems; and

WHEREAS, the severe winds have caused severe damage to homes, businesses, and public facilities; and

WHEREAS, I have previously declared a state of disaster to exist in the County of Otsego;

NOW, THEREFORE, by virtue of the constitutional authority vested in me as Commander-in-Chief of the military forces of the State of Michigan and pursuant to Section 151 of Act No. 150 of the Public Acts of 1967, the Adjutant General is hereby directed to order to active state service, units and individuals of the Michigan National Guard which in his discretion he deems appropriate to meet general mission assignments as determined by the state director of emergency management, or his authorized representative. Units or individuals called to active state service will terminate at such time as determined by the Adjutant General after consultation with the state director of emergency management or his representative.

FURTHER, the Emergency Management Division of the Department of State Police shall coordinate and maximize all state efforts, including such units and individuals of the Michigan National Guard which may be activated to state service to assist local units of government affected pursuant to the Michigan Emergency Management Plan.

[SEAL] Given under my hand and the Great Seal of the State of Michigan this twenty-seventh day of September in the Year of our Lord, One Thousand Nine Hundred Ninety-Eight.

John Engler

Governor

By the Governor:

Candice S. Miller

Secretary of State

The message was referred to the Clerk.

The following messages from the Governor, approving and signing the following bills at the times designated below, were received and read:

Date: September 24, 1998

Time: 5:45 p.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5596 (Public Act No. 335, I.E.), being

An act to make appropriations for the judicial branch for the fiscal year ending September 30, 1999; to provide for the expenditure of these appropriations; to place certain restrictions on the expenditure of these appropriations; to prescribe the powers and duties of certain officials and employees; to require certain reports; and to provide for the disposition of fees and other income received by the judicial branch.

(Filed with the Secretary of State September 25, 1998, at 1:45 p.m.)

Date: September 30, 1998

Time: 10:08 a.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 4799 (Public Act No. 338, I.E.), being

An act to amend 1931 PA 328, entitled "An act to revise, consolidate, codify and add to the statutes relating to crimes; to define crimes and prescribe the penalties therefor; to provide for restitution under certain circumstances; to provide for the competency of evidence at the trial of persons accused of crime; to provide immunity from prosecution for certain witnesses appearing at such trials; and to repeal certain acts and parts of acts inconsistent with or contravening any of the provisions of this act," by amending section 310a (MCL 750.310a), as added by 1996 PA 539.

(Filed with the Secretary of State September 30, 1998, at 11:29 a.m.)

Date: October 16, 1998

Time: 9:55 a.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 4210 (Public Act No. 340), being

An act to amend 1949 PA 300, entitled "An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of owners and operators of vehicles and service of process on residents and nonresidents; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date," by amending sections 322, 625k, and 625l (MCL 257.322, 257.625k, and 257.625l), sections 625k and 625l as amended by 1994 PA 450, and by adding sections 622a and 625o.

(Filed with the Secretary of State October 16, 1998, at 3:05 p.m.)

Date: October 16, 1998

Time: 9:57 a.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5123 (Public Act No. 341), being

(Filed with the Secretary of State October 16, 1998, at 3:07 p.m.)

Date: October 16, 1998

Time: 9:59 a.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5122 (Public Act No. 342), being

(Filed with the Secretary of State October 16, 1998, at 3:09 p.m.)

Date: October 16, 1998

Time: 10:01 a.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5952 (Public Act No. 343), being

An act to amend 1949 PA 300, entitled "An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of owners and operators of vehicles and service of process on residents and nonresidents; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date," by amending sections 310d and 321a (MCL 257.310d and 257.321a), section 310d as amended by 1991 PA 99 and section 321a as amended by 1998 PA 68.

(Filed with the Secretary of State October 16, 1998, at 3:11 p.m.)

Date: October 16, 1998

Time: 10:03 a.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5953 (Public Act No. 344), being

(Filed with the Secretary of State October 16, 1998, at 3:13 p.m.)

Date: October 16, 1998

Time: 10:13 a.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 4959 (Public Act No. 349), being

An act to amend 1949 PA 300, entitled "An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of owners and operators of vehicles and service of process on residents and nonresidents; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date," by amending sections 624a, 624b, and 625n (MCL 257.624a, 257.624b, and 257.625n), section 624a as amended and section 624b as added by 1996 PA 493 and section 625n as added by 1996 PA 491.

(Filed with the Secretary of State October 16, 1998, at 3:23 p.m.)

Date: October 16, 1998

Time: 10:19 a.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5954 (Public Act No. 352), being

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

(Filed with the Secretary of State October 16, 1998, at 3:29 p.m.)

Date: October 16, 1998

Time: 10:21 a.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5955 (Public Act No. 353), being

An act to amend 1998 PA 58, entitled "An act to create a commission for the control of the alcoholic beverage traffic within this state, and to prescribe its powers, duties, and limitations; to provide for powers and duties for certain state departments and agencies; to impose certain taxes for certain purposes; to provide for the control of the alcoholic liquor traffic within this state and to provide for the power to establish state liquor stores; to provide for the care and treatment of alcoholics; to provide for the incorporation of farmer cooperative wineries and the granting of certain rights and privileges to those cooperatives; to provide for the licensing and taxation of activities regulated under this act and the disposition of the money received under this act; to prescribe liability for retail licensees under certain circumstances and to require security for that liability; to provide procedures, defenses, and remedies regarding violations of this act; to provide for the enforcement and to prescribe penalties for violations of this act; to provide for allocation of certain funds for certain purposes; to provide for the confiscation and disposition of property seized under this act; to provide referenda under certain circumstances; and to repeal acts and parts of acts," by amending section 703 (MCL 436.1703).

(Filed with the Secretary of State October 16, 1998, at 3:31 p.m.)

Date: October 16, 1998

Time: 10:23 a.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5956 (Public Act No. 354), being

(Filed with the Secretary of State October 16, 1998, at 3:33 p.m.)

Date: October 16, 1998

Time: 10:27 a.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5951 (Public Act No. 356), being

An act to amend 1949 PA 300, entitled "An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of owners and operators of vehicles and service of process on residents and nonresidents; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date," by amending sections 8a, 44a, and 319b (MCL 257.8a, 257.44a, and 257.319b), section 8a as amended by 1994 PA 449, section 44a as added by 1993 PA 359, and section 319b as amended by 1996 PA 404, and by adding section 23b.

(Filed with the Secretary of State October 16, 1998, at 3:37 p.m.)

Date: October 16, 1998

Time: 10:29 a.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 4576 (Public Act No. 357), being

(Filed with the Secretary of State October 16, 1998, at 3:39 p.m.)

Date: October 16, 1998

Time: 10:40 a.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 4961 (Public Act No. 358), being

An act to amend 1949 PA 300, entitled "An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of owners and operators of vehicles and service of process on residents and nonresidents; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date," by amending section 320b (MCL 257.320b) and by adding sections 904d, 904e, and 904f.

(Filed with the Secretary of State October 16, 1998, at 3:41 p.m.)

Date: October 16, 1998

Time: 10:42 a.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 4960 (Public Act No. 359), being

(Filed with the Secretary of State October 16, 1998, at 3:43 p.m.)

Date: October 20, 1998

Time: 9:43 a.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 4482 (Public Act No. 360, I.E.), being

(Filed with the Secretary of State October 20, 1998, at 1:12 p.m.)

Date: October 20, 1998

Time: 9:52 a.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 4786 (Public Act No. 361, I.E.), being

An act to amend 1939 PA 280, entitled "An act to protect the welfare of the people of this state; to provide general assistance, hospitalization, infirmary and medical care to poor or unfortunate persons; to provide for compliance by this state with the social security act; to provide protection, welfare and services to aged persons, dependent children, the blind, and the permanently and totally disabled; to administer programs and services for the prevention and treatment of delinquency, dependency and neglect of children; to create a state department of social services; to prescribe the powers and duties of the department; to provide for the interstate and intercounty transfer of dependents; to create county and district departments of social services; to create within certain county departments, bureaus of social aid and certain divisions and offices thereunder; to prescribe the powers and duties of the departments, bureaus and officers; to provide for appeals in certain cases; to prescribe the powers and duties of the state department with respect to county and district departments; to prescribe certain duties of certain other state departments, officers, and agencies; to make an appropriation; to prescribe penalties for the violation of the provisions of this act; and to repeal certain parts of this act on specific dates," (MCL 400.1 to 400.119b) by adding section 57k.

(Filed with the Secretary of State October 20, 1998, at 1:14 p.m.)

Date: October 20, 1998

Time: 9:50 a.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 4983 (Public Act No. 362, I.E.), being

An act to provide for certain liens on certain marine property repair, service, or storage in marinas, boatyards, and marine repair facilities; to provide for the sale of certain property subject to a lien; to provide for the liability of certain persons; to provide for powers and duties of certain state departments; and to provide for the enforcement of this act.

(Filed with the Secretary of State October 20, 1998, at 1:16 p.m.)

Date: October 20, 1998

Time: 1:00 p.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5069 (Public Act No. 363, I.E.), being

An act to authorize the state administrative board to convey certain state owned property in Ingham county; to authorize the department of natural resources to convey certain parcels of state owned property in Roscommon county; to prescribe conditions for the conveyance; to provide for certain powers and duties of the department of management and budget and certain municipalities in regard to certain property; and to provide for disposition of the revenue derived from the conveyance.

(Filed with the Secretary of State October 20, 1998, at 1:18 p.m.)

Date: October 20, 1998

Time: 1:16 p.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5078 (Public Act No. 364, I.E.), being

An act to amend 1954 PA 116, entitled "An act to reorganize, consolidate, and add to the election laws; to provide for election officials and prescribe their powers and duties; to prescribe the powers and duties of certain state departments, state agencies, and state and local officials and employees; to provide for the nomination and election of candidates for public office; to provide for the resignation, removal, and recall of certain public officers; to provide for the filling of vacancies in public office; to provide for and regulate primaries and elections; to provide for the purity of elections; to guard against the abuse of the elective franchise; to define violations of this act; to provide appropriations; to prescribe penalties and provide remedies; and to repeal certain acts and all other acts inconsistent with this act," by amending sections 200 and 643 (MCL 168.200 and 168.643).

(Filed with the Secretary of State October 20, 1998, at 1:20 p.m.)

Date: October 20, 1998

Time: 1:18 p.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5212 (Public Act No. 365, I.E.), being

An act to amend 1933 PA 167, entitled "An act to provide for the raising of additional public revenue by prescribing certain specific taxes, fees, and charges to be paid to the state for the privilege of engaging in certain business activities; to provide, incident to the enforcement thereof, for the issuance of licenses to engage in such occupations; to provide for the ascertainment, assessment and collection thereof; to appropriate the proceeds thereof; and to prescribe penalties for violations of the provisions of this act," by amending sections 1, 4a, and 9 (MCL 205.51, 205.54a, and 205.59), section 1 as amended by 1997 PA 193, section 4a as amended by 1996 PA 435, and section 9 as amended by 1991 PA 87.

(Filed with the Secretary of State October 20, 1998, at 1:22 p.m.)

Date: October 20, 1998

Time: 1:20 p.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5213 (Public Act No. 366, I.E.), being

An act to amend 1937 PA 94, entitled ''An act to provide for the levy, assessment and collection of a specific excise tax on the storage, use or consumption in this state of tangible personal property and certain services; to appropriate the proceeds thereof; and to prescribe penalties for violations of the provisions of this act,'' by amending sections 2, 3a, 4, and 10 (MCL 205.92, 205.93a, 205.94, and 205.100), section 2 as amended by 1995 PA 208, section 3a as amended by 1993 PA 326, section 4 as amended by 1997 PA 194, and section 10 as amended by 1993 PA 263.

(Filed with the Secretary of State October 20, 1998, at 1:24 p.m.)

Date: October 20, 1998

Time: 9:38 a.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5268 (Public Act No. 367, I.E.), being

An act to amend 1956 PA 5, entitled "An act to establish and promote a uniform system of municipal courts in cities; to consolidate justice courts in cities into a system of municipal courts; to change the name of existing justice courts and justices of the peace in cities to municipal courts and municipal judges; to promote uniformity in practice and procedure in such courts; to prescribe the powers, duties and functions of such courts; and to provide for substitute municipal judges in cities in cases of death, absence, disability or removal of the regularly elected or appointed municipal judges and in cases where temporary judicial assistance is needed in such courts," by amending sections 22 and 30 (MCL 730.522 and 730.530).

(Filed with the Secretary of State October 20, 1998, at 1:26 p.m.)

Date: October 20, 1998

Time: 9:45 a.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5315 (Public Act No. 368, I.E.), being

An act to amend 1941 PA 122, entitled "An act to establish a revenue division of the department of treasury; to prescribe its powers and duties as the revenue collection agency of the state; to prescribe certain powers and duties of the state treasurer; to create the position and to define the powers and duties of the state commissioner of revenue; to provide for the transfer of powers and duties now vested in certain other state boards, commissions, departments and offices; to prescribe certain duties of and require certain reports from the department of treasury; to provide procedures for the payment, administration, audit, assessment, levy of interests or penalties on, and appeals of taxes and tax liability; to prescribe its powers and duties if an agreement to act as agent for a city to administer, collect, and enforce the city income tax act on behalf of a city is entered into with any city; to provide an appropriation; to abolish the state board of tax administration; and to declare the effect of this act," by amending the title and section 18 (MCL 205.18), the title as amended by 1996 PA 479 and section 18 as added by 1980 PA 162, and by adding section 14.

(Filed with the Secretary of State October 20, 1998, at 1:28 p.m.)

Date: October 20, 1998

Time: 1:06 p.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5386 (Public Act No. 369, I.E.), being

An act to amend 1913 PA 380, entitled "An act to regulate gifts of real and personal property to cities, villages, townships, and counties, and the use of those gifts; and to validate all such gifts made before the enactment of this act," (MCL 123.871 to 123.873) by adding section 4.

(Filed with the Secretary of State October 20, 1998, at 1:30 p.m.)

Date: October 20, 1998

Time: 1:10 p.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5389 (Public Act No. 370, I.E.), being

An act to amend 1921 PA 136, entitled "An act to authorize and facilitate the acquisition and disposal of public library property by public corporations empowered to maintain public libraries," by amending section 1 (MCL 397.381).

(Filed with the Secretary of State October 20, 1998, at 1:32 p.m.)

Date: October 20, 1998

Time: 9:54 a.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5783 (Public Act No. 371, I.E.), being

An act to amend 1987 PA 173, entitled "An act to define and regulate mortgage brokers, mortgage lenders, and mortgage servicers; to prescribe the powers and duties of the financial institutions bureau and certain public officers and agencies; to provide for the promulgation of rules; and to provide remedies and penalties," by amending section 25 (MCL 445.1675), as amended by 1996 PA 210, and by adding section 25a.

(Filed with the Secretary of State October 20, 1998, at 1:34 p.m.)

Date: October 20, 1998

Time: 9:56 a.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5784 (Public Act No. 372, I.E.), being

An act to amend 1981 PA 125, entitled "An act to regulate secondary mortgage loans; to prescribe powers and duties of certain state agencies and officials; to require certain fees; to provide for the establishment of a revolving fund; to provide for the promulgation of rules; and to prescribe civil fines and penalties," by amending section 29a (MCL 493.79a), as added by 1994 PA 261.

(Filed with the Secretary of State October 20, 1998, at 1:36 p.m.)

Date: October 20, 1998

Time: 10:02 a.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5796 (Public Act No. 373, I.E.), being

An act to amend 1989 PA 292, entitled "An act to authorize local governmental units to create metropolitan councils; to prescribe the powers and duties of metropolitan councils; to authorize metropolitan councils to levy a property tax; and to prescribe penalties and provide remedies," by amending the title and sections 1, 3, 5, 7, 9, 11, 13, 15, 17, 19, 21, 23, 25, 27, 29, 31, 33, and 35 (MCL 124.651, 124.653, 124.655, 124.657, 124.659, 124.661, 124.663, 124.665, 124.667, 124.669, 124.671, 124.673, 124.675, 124.677, 124.679, 124.681, 124.683, and 124.685) and by adding sections 65, 67, 69, 71, 73, 75, 77, and 79.

(Filed with the Secretary of State October 20, 1998, at 1:38 p.m.)

Date: October 20, 1998

Time: 1:02 p.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5887 (Public Act No. 374, I.E.), being

An act to amend 1982 PA 528, entitled "An act to authorize the department of natural resources to convey certain state owned property in Sanilac county; and to prescribe conditions for the conveyance," by amending the title and sections 2 and 3 and by adding sections 2a and 2b.

(Filed with the Secretary of State October 20, 1998, at 1:40 p.m.)

Communications from State Officers

The following communications from the Secretary of State were received and read:

Notices of Filing

Administrative Rules

July 28, 1998

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6 this is to advise you that the Office of Regulatory Reform, Legal Division filed at 2:03 P.M. this date, administrative rule (98-7-4) for the Department of Corrections, County Jail Services Unit, entitled "Jails and Lockups", effective 15 days hereafter.

October 2, 1998

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6 this is to advise you that the Office of Regulatory Reform, Legal Division filed at 10:07 A.M. this date, administrative rule (98-10-1) for the Department of Treasury, Revenue Division, entitled "Intangibles Tax", effective 15 days hereafter.

October 16, 1998

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6 this is to advise you that the Office of Regulatory Reform, Legal Division filed at 11:40 A.M. this date, administrative rule (98-10-3) for the Department of Consumer and Industry Services, Director's Office, entitled "Building Officials, Plan Reviewers, and Inspectors", effective 15 days hereafter.

Sincerely,

Candice S. Miller

Secretary of State

Helen Kruger, Supervisor

Office of the Great Seal

The communications was referred to the Clerk.

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

September 28, 1998

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

Performance Audit of the

Request for Proposal for the

Children's Specialty and

Children's Comprehensive Health Care Plan

Department of Community Health and

Department of Management and Budget

September 1998

October 5, 1998

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

Performance Audit of the

Federal Cash Management Improvement Act Program

Department of Treasury

October 1998

October 20, 1998

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

Financial Audit, Including the Provisions

of the Single Audit Act, of the

Department of Military and Veterans Affairs

October, 1 1995, through September 30, 1997

October 22, 1998

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

Financial Audit

of the

School Aid Fund

Department of Education

October 1, 1994, through September 30, 1997

October 26, 1998

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

Financial Audit, Including the Provisions

of the Single Audit Act, of the

Michigan Department of State Police

October 1, 1995, through September 30, 1997

October 29, 1998

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

Financial Audit, Including the Provisions

of the Single Audit Act, of the

Department of Corrections

October 1, 1995, through September 30, 1997

November 2, 1998

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

Performance Audit of

Cash Functions

Department of Natural Resources

November 1998

November 3, 1998

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

Financial Audit, Including the Provisions

of the Single Audit Act, of the

Department of Treasury

October 1, 1995, through September 30, 1997

Sincerely,

Thomas H. McTavish, C.P.A.

Auditor General

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

The following communication from Central Michigan University was received and read:

September 18, 1998

It is my pleasure to send you a copy of the Central Michigan University 1997-98 Financial Report.

Sincerely,

Kim Ellertson

Vice President

Business and Finance

The communication was referred to the Clerk.

The following communication from Schoolcraft College was received and read:

October 12, 1998

As required, we are enclosing a copy of the audited financial statements and the management letter for Schoolcraft College for the fiscal year ended June 30, 1998.

Sincerely,

Jill O'Sullivan

Executive Director

Financial Services

The communication was referred to the Clerk.

The following communication from the Department of Civil Service was received and read:

October 19, 1998

Enclosed is the report of the 1998 salary and benefits survey of the offices of Governor, Lieutenant Governor, Supreme Court Justice and Legislator, conducted for the State Officers Compensation Commission and prepared by the Michigan Department of Civil Service.

Sincerely,

John F. Lopez

Director

The communication was referred to the Clerk.

The following communication from Northern Michigan University was received and read:

October 19, 1998

Enclosed for your information is a copy of the Financial Report for Northern Michigan University for the year ended June 30, 1998.

Yours very truly,

Michael J. Roy

Vice President

Finance and Administration

The communication was referred to the Clerk.

The following communications from the Northeast Michigan Consortium were received and read:

October 30, 1998

The Workforce Development Board of Northeast Michigan Consortium has prepared the final Work First Plan for Program Year 1999. Total Work First Program funds planned for PY98 are $654,366.00

A copy of the Plan is available at Northeast Michigan Consortium, 20709 State Street, P.O. Box 711, Onaway, Michigan 49765 for public review.

October 30, 1998

The Workforce Development Board of Northeast Michigan Consortium has prepared the final School to Work Supplemental Grant for Students With Disabilities Plan for program year 1998-1999. Total program funds planned PY98 are $12,707.00

A copy of the Plan is available at Northeast Michigan Consortium, P.O. Box 711, 20709 State Street, Onaway, Michigan 49765.

Sincerely,

Terry L. Basel

Program Coordinator

The communications were referred to the Clerk.

Introduction of Bills

Rep. Basham introduced

House Bill No. 6214, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," (MCL 500.100 to 500.8302) by adding chapter 3.

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

Reps. Hale, Wallace, Parks, Hood, Stallworth, Basham, Gagliardi, LaForge, Schauer, Kilpatrick, Vaughn, Scott, Murphy, Leland, Dobronski, Price, Hanley, Varga, Agee, Tesanovich, Schermesser, Rison, Quarles and Thomas introduced

House Bill No. 6215, entitled

A bill to amend 1954 PA 116, entitled "Michigan election law," by amending section 792a (MCL 168.792a), as amended by 1996 PA 583.

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

Rep. Galloway introduced

House Bill No. 6216, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending section 1204c (MCL 500.1204c), as amended by 1996 PA 466, and by adding chapter 27a.

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

Rep. Olshove introduced

House Bill No. 6217, entitled

A bill to provide priority to certain electricity generators in a direct access bid process; and to prescribe the powers and duties of certain state agencies and officials.

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

Reps. Llewellyn and Scranton introduced

House Bill No. 6218, entitled

A bill to amend 1978 PA 472, entitled "An act to regulate political activity; to regulate lobbyists, lobbyist agents, and lobbying activities; to require registration of lobbyists and lobbyist agents; to require the filing of reports; to prescribe the powers and duties of the department of state; to prescribe penalties; and to repeal certain acts and parts of acts," by amending sections 4 and 7 (MCL 4.414 and 4.417).

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

Rep. Basham introduced

House Bill No. 6219, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending sections 1588 and 1599 (MCL 380.1588 and 380.1599) and by adding section 1580.

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

Rep. Basham introduced

House Bill No. 6220, entitled

A bill to amend 1939 PA 288, entitled "An act to revise and consolidate the statutes relating to certain aspects of the family division of circuit court, to the jurisdiction, powers, and duties of the family division of circuit court and its judges and other officers, to the change of name of adults and children, and to the adoption of adults and children; to prescribe certain jurisdiction, powers, and duties of the family division of circuit court and its judges and other officers; to prescribe the manner and time within which certain actions and proceedings may be brought in the family division of the circuit court; to prescribe pleading, evidence, practice, and procedure in certain actions and proceedings in the family division of circuit court; to provide for appeals from certain actions in the family division of circuit court; to prescribe the powers and duties of certain state departments, agencies, and officers; and to provide remedies and penalties," by amending sections 2, 6a, and 11 of chapter XIIA (MCL 712A.2, 712A.6a, and 712A.11), sections 2 and 11 as amended by 1996 PA 409 and section 6a as added by 1996 PA 252, and by adding section 17d to chapter XIIA.

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

Rep. Gubow introduced

House Bill No. 6221, entitled

A bill to amend 1909 PA 279, entitled "The home rule city act," by amending section 6 (MCL 117.6), as amended by 1984 PA 352, and by adding section 9c.

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

Rep. Llewellyn introduced

House Bill No. 6222, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending section 21042 (MCL 333.21042), as amended by 1982 PA 354.

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

Reps. Hammerstrom, Raczkowski, Voorhees, Jellema, Birkholz, Sanborn, McBryde, Bodem and Richner introduced

House Bill No. 6223, entitled

A bill to amend 1974 PA 258, entitled "Mental health code," by amending section 700 (MCL 330.1700), as amended by 1995 PA 290, and by adding section 713a.

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

Reps. Quarles, Vaughn, Profit, Bogardus, London, Scranton, Martinez, Cherry, Ciaramitaro, Schroer, McNutt, Lowe, Kilpatrick, Parks, Gire, Baird, Emerson, Brater and Bodem introduced

House Bill No. 6224, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 7111, 16131, 16145, and 16621 (MCL 333.7111, 333.16131, 333.16145, and 333.16621), section 7111 as amended by 1993 PA 138, section 16131 as amended by 1995 PA 126, and section 16145 as amended by 1993 PA 80.

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

Reps. Bogardus, Hanley, Kelly, Callahan, Hale and Willard introduced

House Bill No. 6225, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding part 302.

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

Rep. Hanley introduced

House Bill No. 6226, entitled

A bill to amend 1980 PA 299, entitled "Occupational code," by amending sections 2401, 2402, 2404, 2407, 2411, and 2412 (MCL 339.2401, 339.2402, 339.2404, 339.2407, 339.2411, and 339.2412), sections 2401 and 2411 as amended by 1991 PA 166, sections 2404 and 2407 as amended by 1988 PA 463, and section 2412 as amended by 1980 PA 496.

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

Rep. Hanley introduced

House Bill No. 6227, entitled

A bill to amend 1979 PA 152, entitled "State license fee act," by amending section 39 (MCL 338.2239), as amended by 1988 PA 461.

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

Reps. Richner, Perricone, Raczkowski, Scranton, Voorhees, Goschka, Birkholz, Godchaux, Hammerstrom, Middaugh and Dalman introduced

House Bill No. 6228, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," (MCL 600.101 to 600.9948) by adding section 1457.

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

Reps. Nye, Curtis and McNutt introduced

House Bill No. 6229, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending sections 16c, 16f, 16h, 16i, 16l, 16r, 16s, 16z, and 17 of chapter XVII (MCL 777.16c, 777.16f, 777.16h, 777.16i, 777.16l, 777.16r, 777.16s, 777.16z, and 777.17, as added by 1998 PA 317.

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

Reps. Basham and Stallworth introduced

House Bill No. 6230, entitled

A bill to amend 1995 PA 162, entitled "Credit reform act," by amending section 4 (MCL 445.1854).

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

Reps. Murphy, Freeman, Agee, Cherry, Quarles, Wallace, Curtis, Kilpatrick, Bogardus, Rison, Scott, Parks, Schermesser, Prusi, Brater, Vaughn and Thomas introduced

House Bill No. 6231, entitled

A bill to amend 1984 PA 431, entitled "The management and budget act," (MCL 18.1101 to 18.1594) by adding section 261c.

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

Rep. Rhead introduced

House Bill No. 6232, entitled

A bill to amend 1954 PA 116, entitled "Michigan election law," by amending section 737a (MCL 168.737a), as added by 1996 PA 461.

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

Rep. Law introduced

House Bill No. 6233, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," (MCL 380.1 to 380.1852) by adding section 1279g.

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

Rep. Law introduced

House Bill No. 6234, entitled

A bill to amend 1963 PA 17, entitled "An act to relieve certain persons from civil liability when rendering emergency care, when rendering care to persons involved in competitive sports under certain circumstances, or when participating in a mass immunization program approved by the department of public health," by amending section 4 (MCL 691.1504), as added by 1986 PA 21.

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

Rep. Horton introduced

House Bill No. 6235, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 51302 and 51303 (MCL 324.51302 and 324.51303), as added by 1995 PA 57.

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

Reps. Horton, Walberg, Jansen, Lowe, Goschka, Voorhees, Gernaat, Cropsey, Whyman, Green, Llewellyn, McManus, Gustafson, Kaza, Sanborn and Perricone introduced

House Bill No. 6236, entitled

A bill to amend 1939 PA 288, entitled "An act to revise and consolidate the statutes relating to certain aspects of the family division of circuit court, to the jurisdiction, powers, and duties of the family division of circuit court and its judges and other officers, to the change of name of adults and children, and to the adoption of adults and children; to prescribe certain jurisdiction, powers, and duties of the family division of circuit court and its judges and other officers; to prescribe the manner and time within which certain actions and proceedings may be brought in the family division of the circuit court; to prescribe pleading, evidence, practice, and procedure in certain actions and proceedings in the family division of circuit court; to provide for appeals from certain actions in the family division of circuit court; to prescribe the powers and duties of certain state departments, agencies, and officers; and to provide remedies and penalties," by amending sections 22a, 23f, 24, and 46 of chapter X (MCL 710.22a, 710.23f, 710.24, and 710.46), section 22a as added by 1994 PA 430, section 23f as amended by 1994 PA 373, section 24 as amended by 1996 PA409, and section 46 as amended by 1994 PA 222.

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

Rep. Profit introduced

House Bill No. 6237, entitled

A bill to amend 1980 PA 299, entitled "Occupational code," by amending section 901 (MCL 339.901), as amended by 1981 PA 83.

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

Rep. Profit introduced

House Bill No. 6238, entitled

A bill to amend 1925 PA 289, entitled "An act to create a bureau of criminal identification and records within the department of state police; to require peace officers, persons in charge of certain institutions, and others to make reports respecting juvenile offenses, crimes, and criminals to the state police; to require the fingerprinting of an accused by certain persons; and to provide penalties for violation of this act," by amending the title and sections 1, 1a, 2, 3, and 3a (MCL 28.241, 28.241a, 28.242, 28.243, and 28.243a), the title and sections 1 and 2 as amended by 1988 PA 40, section 1a as amended by 1996 PA 259, section 3 as amended by 1989 PA 97, and section 3a as amended by 1986 PA 231, and by adding section 8.

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

Rep. Profit introduced

House Bill No. 6239, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 16a of chapter IX (MCL 769.16a), as amended by 1993 PA 85.

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

Rep. Fitzgerald introduced

House Bill No. 6240, entitled

A bill to amend 1998 PA 58, entitled "Michigan liquor control code of 1998," by amending section 701 (MCL 436.1701).

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

Rep. Profit introduced

House Bill No. 6241, entitled

A bill to amend 1975 PA 228, entitled "Single business tax act," by amending section 4 (MCL 208.4), as amended by 1995 PA 285.

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

Rep. Schermesser introduced

House Bill No. 6242, 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 first time by its title and referred to the Committee on Senior Citizens and Veterans Affairs.

Rep. Voorhees introduced

House Bill No. 6243, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 310 (MCL 257.310), as amended by 1996 PA 205.

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

Rep. Jelinek introduced

House Bill No. 6244, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 21a of chapter VIII (MCL 768.21a), as amended by 1994 PA 56.

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

Rep. Jelinek introduced

House Bill No. 6245, entitled

A bill to amend 1972 PA 348, entitled "An act to regulate relationships between landlords and tenants relative to rental agreements for rental units; to regulate the payment, repayment, use and investment of security deposits; to provide for commencement and termination inventories of rental units; to provide for termination arrangements relative to rental units; to provide for legal remedies; and to provide penalties," by amending section 2 (MCL 554.602).

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

Reps. Jelinek and Birkholz introduced

House Bill No. 6246, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," (MCL 750.1 to 750.568) by adding section 285.

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

Rep. Profit introduced

House Bill No. 6247, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," (MCL 206.1 to 206.532) by adding section 266.

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

Rep. Profit introduced

House Bill No. 6248, entitled

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

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

Rep. Profit introduced

House Bill No. 6249, entitled

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

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

Rep. Profit introduced

House Bill No. 6250, entitled

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

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

Rep. Profit introduced

House Bill No. 6251, entitled

A bill to amend 1933 PA 167, entitled "General sales tax act," by amending section 6 (MCL 205.56), as amended by 1998 PA 265.

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

Rep. Profit introduced

House Bill No. 6252, entitled

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

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

Rep. Crissman introduced

House Bill No. 6253, entitled

A bill to amend 1967 PA 288, entitled "Land division act," by amending section 109 (MCL 560.109), as amended by 1997 PA 87.

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

Rep. Varga introduced

House Bill No. 6254, entitled

A bill to amend 1989 PA 196, entitled "An act to abolish the criminal assessments commission; to prescribe certain duties of the crime victim services commission; to create the crime victim's rights fund; to provide for expenditures from the fund; to provide for assessments against criminal defendants and certain juvenile offenders; to provide for payment of crime victim's rights services; and to prescribe the powers and duties of certain state and local agencies and departments," by amending section 1 (MCL 780.901), as amended by 1996 PA 520.

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

Rep. Varga introduced

House Bill No. 6255, entitled

A bill to amend 1985 PA 87, entitled "Crime victim's rights act," by amending sections 31 and 61 (MCL 780.781 and 780.811), as amended by 1996 PA 82.

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

Rep. Varga introduced

House Bill No. 6256, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending sections 141a, 234d, 411g, and 470 (MCL 750.141a, 750.234d, 750.411g, and 750.470), section 141a as added by 1994 PA 31, section 234d as amended by 1994 PA 158, section 411g as added by 1991 PA 56, and section 470 as amended by 1998 PA 38.

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

Rep. Varga introduced

House Bill No. 6257, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending sections 113 and 8511 (MCL 600.113 and 600.8511), as amended by 1996 PA 79.

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

Rep. Varga introduced

House Bill No. 6258, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending section 2405 (MCL 500.2405), as added by 1986 PA 173.

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

Rep. Varga introduced

House Bill No. 6259, entitled

A bill to amend 1851 PA 156, entitled "An act to define the powers and duties of the county boards of commissioners of the several counties, and to confer upon them certain local, administrative and legislative powers; and to prescribe penalties for the violation of the provisions of this act," by amending section 10b (MCL 46.10b), as amended by 1998 PA 97.

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

Rep. Varga introduced

House Bill No. 6260, entitled

A bill to amend 1909 PA 279, entitled "The home rule city act," by amending section 4l (MCL 117.4l), as amended by 1996 PA 44.

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

Rep. Varga introduced

House Bill No. 6261, entitled

A bill to amend 1895 PA 215, entitled "The fourth class city act," by amending section 2 (MCL 89.2), as amended by 1996 PA 43.

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

Rep. Varga introduced

House Bill No. 6262, entitled

A bill to amend 1895 PA 215, entitled "The fourth class city act," by amending section 1 (MCL 91.1), as amended by 1994 PA 19.

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

Rep. Varga introduced

House Bill No. 6263, entitled

A bill to amend 1909 PA 278, entitled "The home rule village act," by amending section 25a (MCL 78.25a), as amended by 1996 PA 42.

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

Rep. Varga introduced

House Bill No. 6264, entitled

A bill to amend 1895 PA 3, entitled "The general law village act," by amending section 2 (MCL 66.2), as amended by 1996 PA 41.

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

Rep. Varga introduced

House Bill No. 6265, entitled

A bill to amend 1943 PA 240, entitled "State employees' retirement act," by amending sections 17l and 19 (MCL 38.17l and 38.19), section 17l as amended by 1996 PA 521 and section 19 as amended by 1998 PA 205.

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

Rep. Varga introduced

House Bill No. 6266, entitled

A bill to amend 1976 PA 453, entitled "Elliott-Larsen civil rights act," by amending section 304 (MCL 37.2304), as added by 1992 PA 70.

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

Rep. Varga introduced

House Bill No. 6267, entitled

A bill to amend 1982 PA 302, entitled "An act to create the Michigan justice training commission and the Michigan justice training fund; to provide the powers and duties of certain state agencies; to provide for the distribution and expenditure of funds; and to provide for the promulgation of rules," by amending section 1 (MCL 18.421), as amended by 1989 PA 158.

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

Rep. Varga introduced

House Bill No. 6268, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 303, 319, 321a, 624a, 624b, 625i, and 732 (MCL 257.303, 257.319, 257.321a, 257.624a, 257.624b, 257.625i, and 257.732), sections 303 and 319 as amended by 1996 PA 587, section 321a as amended by 1998 PA 68, and sections 624a, 625i, and 732 as amended and section 624b as added by 1996 PA 493.

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

Rep. Varga introduced

House Bill No. 6269, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending section 12905 (MCL 333.12905), as amended by 1993 PA 242.

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

Rep. Varga introduced

House Bill No. 6270, entitled

A bill to amend the Initiated Law of 1996, entitled "Michigan gaming control and revenue act," by amending section 10 (MCL 432.210), as amended by 1997 PA 69.

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

Rep. Varga introduced

House Bill No. 6271, entitled

A bill to amend 1998 PA 58, entitled "Michigan liquor control code of 1998," by amending sections 811, 916, and 1113 (MCL 436.1811, 436.1916, and 436.2113).

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

Rep. Varga introduced

House Bill No. 6272, entitled

A bill to amend the Initiated Law of 1996, entitled "Michigan gaming control and revenue act," by amending section 4a (MCL 432.204a), as added by 1997 PA 69.

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

Rep. Varga introduced

House Bill No. 6273, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending sections 1535a, 1539a, and 1539b (MCL 380.1535a, 380.1539a, and 380.1539b), as amended by 1995 PA 289.

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

Rep. Varga introduced

House Bill No. 6274, entitled

A bill to amend 1966 PA 293, entitled "An act to provide for the establishment of charter counties; to provide for the election of charter commissioners; to prescribe their powers and duties; to prohibit certain acts of a county board of commissioners after the approval of the election of a charter commission; to prescribe the mandatory and permissive provisions of a charter; and to provide for the exercise by a charter county of certain powers whether or not authorized by its charter," by amending section 15a (MCL 45.515a), as amended by 1996 PA 37.

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

Rep. Varga introduced

House Bill No. 6275, entitled

A bill to amend 1973 PA 139, entitled "An act to provide forms of county government; to provide for county managers and county executives and to prescribe their powers and duties; to abolish certain departments, boards, commissions, and authorities; to provide for transfer of certain powers and functions; to prescribe powers of a board of county commissioners and elected officials; to provide organization of administrative functions; to transfer property; to retain ordinances and laws not inconsistent with this act; and to provide methods for abolition of a unified form of county government," by amending section 6a (MCL 45.556a), as amended by 1996 PA 38.

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

Rep. Varga introduced

House Bill No. 6276, entitled

A bill to amend 1947 PA 359, entitled "The charter township act," by amending section 21 (MCL 42.21), as amended by 1996 PA 36.

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

Rep. Varga introduced

House Bill No. 6277, entitled

A bill to amend 1945 PA 246, entitled "An act to authorize township boards to adopt ordinances and regulations to secure the public health, safety and general welfare; to provide for the establishment of a township police department; to provide for policing of townships by certain law enforcement officers and agencies; to provide for the publication of ordinances; to prescribe powers and duties of township boards and certain local and state officers and agencies; to provide sanctions; and to repeal all acts and parts of acts in conflict with the act," by amending section 3 (MCL 41.183), as amended by 1996 PA 34.

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

Rep. Varga introduced

House Bill No. 6278, entitled

A bill to amend 1976 PA 220, entitled "Persons with disabilities civil rights act," by amending section 103 (MCL 37.1103), as amended by 1998 PA 20.

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

Rep. Gubow introduced

House Bill No. 6279, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 306 and 310c (MCL 257.306 and 257.310c), as amended by 1996 PA 387.

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

Rep. Profit introduced

House Bill No. 6280, entitled

A bill to amend 1963 PA 181, entitled "Motor carrier safety act of 1963," by amending sections 7 and 7c (MCL 480.17 and 480.17c), section 7 as amended and section 7c as added by 1995 PA 265.

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

Rep. Profit introduced

House Bill No. 6281, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 605 and 716 (MCL 257.605 and 257.716), section 716 as amended by 1980 PA 311.

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

Rep. Profit introduced

House Bill No. 6282, entitled

A bill to amend 1933 PA 254, entitled "The motor carrier act," by amending section 18 of article V (MCL 479.18), as amended by 1988 PA 355.

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

Reps. Horton, McBryde, Cropsey, Walberg, Jansen, Lowe, Goschka, Voorhees, Gernaat, Kaza, Bodem, Green, Llewellyn, McManus, Gustafson, Sanborn and Perricone introduced

House Joint Resolution II, entitled

A joint resolution proposing an amendment to the state constitution of 1963, by adding section 25 to article I, to secure the rights of parents regarding their children.

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

Rep. Fitzgerald introduced

House Joint Resolution JJ, entitled

A joint resolution proposing an amendment to the state constitution of 1963, by amending section 21 of article V, to provide for the nomination of the secretary of state and attorney general at the August primary.

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

______

Rep. Gagliardi moved that when the House adjourns today it stand adjourned until Tuesday, November 10 at 2:00 p.m.

The motion prevailed.

Rep. Freeman moved that the House adjourn.

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

The Speaker declared the House adjourned until Tuesday, November 10, at 2:00 p.m.

MARY KAY SCULLION

Clerk of the House of Representatives. ;A resolution to encourage the Federal Communications Commission to restore approval for low power FM radio broadcasting.

Whereas, For many years, low power radio stations filled a unique niche in the communications needs of local communities. These operations, which used less than 100 watts of power, were licensed as Class D FM stations; and

Whereas, In 1978, The Federal Communications Commission made a policy decision to stop licensing low power radio stations. This decision was based on concerns that low power stations were a hindrance to the orderly development of FM radio and a potential impediment to the efficient operation of facilities serving greater numbers of people; and

Whereas, In recent years, the rate of consolidation in the radio broadcast market has increased. As a result, far fewer locally based radio stations have programming that serves their communities. These concerns have prompted many people to promote a change in FCC policies. A petition of rulemaking, which proposes the reestablishment of low power FM broadcast services, is currently under consideration; and

Whereas, Allowing low power FM radio to return to the airways will achieve several worthwhile goals in communications options open to people in our country. These community radio services will increase the local presence in the media, increase diversity of ownership, provide more choices to the public, offer new opportunities in business, and promote communications that better reflect the character and needs of our communities; now, therefore, be it

Resolved by the House of Representatives, That we encourage the Federal Communications Commission to restore approval for low power FM radio broadcasting; and be it further

Resolved, That copies of this resolution be transmitted to the Federal Communications Commission.

The resolution was referred to the Committee on Public Utilities.

Reps. Brater, Schauer, Baade, Ciaramitaro, Kelly, Tesanovich, Profit, Dobronski, Prusi, Wojno, Frank, Gubow, Kukuk, Hammerstrom, Bodem, Godchaux, Leland, Olshove, Harder, Hale, Parks, Anthony, Scranton, Schermesser, Hood, Martinez, Kilpatrick, Bogardus, Scott, DeHart, Basham, Willard, Baird, Murphy, Perricone, Birkholz, Richner, LaForge, Quarles, Hanley, Cherry and Varga offered the following resolution:

House Resolution No. 380.

A resolution recognizing October 8, 1998, as National Depression Screening Day.

Whereas, According to figures from the National Institute of Mental Health, depression and manic-depression will strike more than 17 million Americans each year. Over 80 percent of those suffering from depression can be treated successfully. If depression is recognized and treated by medication and/or psychotherapy, most people will begin to return to normal functioning within six to eight weeks. But, the majority of depressed people do not receive treatment because their symptoms are not recognized, are blamed on personal weakness, are so disabling that people cannot go for help, or are misdiagnosed and thus incorrectly treated; and

Whereas, Inspired by these powerful statistics, Harvard Psychiatrist Douglas G. Jacobs, M.D., originated the concept of large scale mental health screening with National Depression Screening Day, now in its eighth year. The purpose of National Depression Screening Day is to call attention to the illness of depression on a national level, to educate the public about its symptoms and effective treatments, to offer individuals the opportunity to be screened for depression, and to connect those in need of treatment to the mental health care system. Starting with only 90 sites in its first year, the program grew to 3,000 sites in 1997, reaching some 85,000 people nationwide. Each year, more than 70 percent of those screened score positive for depression and are encouraged to go on for further evaluation; and

Whereas, In its traditional format, this mental health outreach program, provided free to the public, is designed for use on Thursday in the first full week in October. Generally, National Depression Screening Day includes an educational component, a written depression screening form to be completed anonymously by participants, a short screening interview with a mental health professional, and a referral for a complete evaluation if indicated. Mental health professionals will also offer residents the opportunity to learn about the signs and symptoms of depression/manic-depression. Common symptoms of depression include feelings of hopelessness, worthlessness, restlessness, irritability, changes in sleep and appetite, loss of energy and thoughts of death or suicide. Manic-depression includes feelings of euphoria or agitation; and

Whereas, The success of National Depression Screening Day led to the creation of the National Mental Illness Screening Project, a non-profit organization developed to coordinate nationwide mental illness screening programs and to ensure cooperation, professionalism, and accountability in the programs; now, therefore, be it

Resolved by the House of Representatives, That members of this legislative body recognize Thursday, October 8, 1998, as National Depression Screening Day; and be it further

Resolved, That copies of this resolution be transmitted to the Mental Health Association in Michigan as evidence of our support for this worthwhile day.

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. Hertel, Martinez, Baade, Geiger, London, Ciaramitaro, Kelly, Tesanovich, Profit, Dobronski, Prusi, Wojno, Frank, Gubow, Kukuk, Jellema, Hammerstrom, Bodem, Llewellyn, McBryde, Gilmer, Godchaux, Leland, Olshove, Harder, Hale, Schauer, Dalman, Brater, Parks, Anthony, Scranton, Schermesser, Hood, Kilpatrick, Bogardus, Scott, DeHart, Basham, Willard, Baird, Murphy, Perricone, Birkholz, Richner, LaForge, Quarles, Hanley, Cherry, Goschka and Varga offered the following resolution:

House Resolution No. 381.

A resolution commemorating September 15, 1998 to October 15, 1998, as Hispanic Heritage Month.

Whereas, It is an honor for our state to commemorate September 15, 1998 to October 15, 1998, as Hispanic Heritage Month. Our state will have the opportunity to experience the many wonderful gifts which the Hispanic community offers Michigan; and

Whereas, The Hispanic influence, including the unique efforts of those who plan and organize the events of this commemorative month, have helped to make Michigan a state wealthy in ethnic heritage and strong in civic leaders. During this month, it is a time to celebrate the Hispanic culture and enjoy their marvelous cuisine, dance and dress. Activities also include educational opportunities for citizens of all ages to learn about our state's rich multicultural diversity and the beneficial strength and beauty it brings to our lives; and

Whereas, One of the greatest assets as a nation is the wide variety of cultures reflected in our people, and few groups have contributed as much to our country as Americans of Hispanic heritage. Moreover, Hispanic people have long played an important role in the history of our state; now, therefore, be it

Resolved by the House of Representatives, That we hereby commemorate September 15, 1998 to October 15, 1998, as Hispanic Heritage Month and commend the dedicated efforts of the Hispanic Community of Michigan; and be it further

Resolved, That a copy of this resolution be transmitted to organizers of this event as evidence of our best wishes for an enjoyable and informative observance.

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. McManus, Hammerstrom, Bodem, Gernaat, Lowe, Gustafson, Bobier, Walberg, Green, Richner and DeVuyst offered the following resolution:

House Resolution No. 382.

A resolution to memorialize the Congress of the United States to amend the Great Lakes Fish and Wildlife Restoration Act to ensure tribal compliance with consent agreements and some state oversight with regard to assessment fishing activities.

Whereas, Balancing the aboriginal fishing rights of Native American tribes with the interests of general commercial and recreational fishing has long been a vexing problem for state and federal authorities. In 1985, a federal district court issued a consent order that established zones for much of the Great Lakes to reserve specific areas for specific fishing activities. Under this court order, Indian tribes have the right to use gill nets, and they also agreed to abide by zones reserved for sport fishing, lake trout rehabilitation, and other purposes; and

Whereas, Tribal fishing operations were found to have violated the provisions of the court's consent order in Lake Huron waters. These operations included substantial gill netting under the guise of being an assessment program. The level of fishing, with nets killing over three tons of whitefish and one ton of lake trout each day, seriously threatened the stocks of these species; and

Whereas, Congress is currently considering measures to amend the Great Lakes Fish and Wildlife Restoration Act. In their present form, two bills, H.R.1481 and S.659, would permit the Native American tribes to resume illegal fishing under the shroud of conducting an assessment program. Great Lakes biologists, along with non-Indian commercial and recreational fishing groups, fear that, without proper regulation and oversight, tribal fishing will resume in restricted waters; now, therefore, be it

Resolved by the House of Representatives, That we memorialize the Congress of the United States to amend the Great Lakes Fish and Wildlife Restoration Act to ensure tribal compliance with consent agreements and some state oversight with regard to assessment fishing activities; 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, and the members of the Michigan congressional delegation.

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

Reps. Schermesser, Price, Hale, Varga, Mans, Agee, Wallace, Tesanovich, Brown, Callahan, Wojno, DeHart, Vaughn, Kelly, Scott, Murphy, Leland, Curtis, Griffin, Brewer, Frank, DeVuyst, Bogardus, Rison, Schauer, Harder, Kukuk, Jelinek, Richner, Birkholz, Basham, Gernaat, Llewellyn, Stallworth, Rhead, Kilpatrick, Cherry, Wetters, Anthony, Prusi, Schroer, Profit, Gagliardi, Mathieu, Owen, Ciaramitaro, Emerson, Gubow, Freeman, Willard, Middaugh, Baird, Martinez, Dobronski, LaForge, Thomas, Baade, Quarles, Rocca, Voorhees, Green, Jellema, Sanborn, Alley, Goschka, McNutt, Bodem, Bankes, McBryde, Bobier, Brackenridge, London, Law, Oxender and Crissman offered the following resolution:

House Resolution No. 383.

A resolution to memorialize the Congress of the United States and the Department of Commerce to increase efforts to halt the dumping of foreign steel in this country.

Whereas, For most of this century, the federal government, through the Congress and through agencies responsible for international trade, has worked to protect American workers from unfair trade practices of other countries, especially as this relates to the production and sale of steel. Policy makers have worked to promote fair competition and the long-term needs of our country; and

Whereas, Over the past few years, there have been examples of the harmful effects of other nations dumping low-cost steel in this country. Some of the countries with emerging market economies, in an effort to develop key industries, have been selling steel in our country at artificially low prices. While this offers short-term advantages to American customers, there are numerous immediate and long-term problems with allowing the low-cost products to take over the American market. The reduced costs are generally the result of advantages not available to the American steel industry, including foreign nations subsidizing steel production in order to meet other economic, social, or political goals in their country. American steel companies, meanwhile, operate within the bounds of antitrust and other laws; and

Whereas, Our country cannot allow such a key industry to be victimized by foreign steel dumped on our market. In addition to the severe costs to American steel workers forced into unfair and illegal competition, the United States will be significantly weakened if the domestic steel industry is eroded or replaced by steel made in other lands. Trade policies in these areas need to be strengthened to meet the best interests of our people, now and in the future; now, therefore, be it

Resolved by the House of Representatives, That we memorialize the Congress of the United States and the Department of Commerce to increase efforts to halt the dumping of foreign steel in this country; and be it further

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

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

Reports of Select Committees

Joint Committee on Administrative Rules

Certificates of Approval

Date: September 16, 1998

Subject: Trans. No. 98-58

I hereby certify that the Joint Committee on Administrative Rules approved the administrative rules rescission from the Department of Environmental Quality pertaining to General Rules, Construction Grants for Wastewater Treatment Works (Part 11), dated May 19, 1997.

Date: September 16, 1998

Subject: Trans. No. 98-59

I hereby certify that the Joint Committee on Administrative Rules approved the administrative rules rescission from the Department of Treasury, pertaining to Intangibles Tax dated June 18, 1998.

Date: September 16, 1998

Subject: Trans. No. 98-60

I hereby certify that the Joint Committee on Administrative Rules approved the administrative rules from the Department of Environmental Quality, Waste Management Division, pertaining to Hazardous Waste Management (Part1), dated March 26, 1998.

Date: September 16, 1998

Subject: Trans. No. 98-61

I hereby certify that the Joint Committee on Administrative Rules approved the administrative rules from the Department of Environmental Quality, Waste Management Division, pertaining to Identification and Listing of Hazardous Waste (Part 2) dated April 15, 1998.

Date: September 16, 1998

Subject: Trans. No. 98-62

I hereby certify that the Joint Committee on Administrative Rules approved the administrative rules from the Department of Management and Budget and Department of State, pertaining to Optical Imaging Systems dated May27, 1998.

Date: September 23, 1998

Subject: Trans. No. 98-63

I hereby certify that the Joint Committee on Administrative Rules approved the administrative rules from the Department of Environmental Quality, Air Quality Division, pertaining to Air Pollution Control dated December 30, 1997.

Date: September 23, 1998

Subject: Trans. No. 98-65

I hereby certify that the Joint Committee on Administrative Rules approved the administrative rules from the Department of Consumer and Industry Services, Director's Office pertaining to Construction Code, Building Code (Part 4) dated July 1, 1998.

Date: September 23, 1998

Subject: Trans. No. 98-66

Date: September 23, 1998

Subject: Trans. No. 98-67

Date: September 23, 1998

Subject: Trans. No. 98-70

I hereby certify that the Joint Committee on Administrative Rules approved the administrative rules from the Department of Consumer and Industry Services, Director's Office pertaining to Building Officials, Plan Reviewers, and Inspectors dated September 21, 1998.

Sincerely,

SENATOR WALTER H. NORTH

Chair

Joint Committee on Administrative Rules

September 23, 1998

Pursuant to the authority granted in subsection (3) of section 45 of the Administrative Procedures Act, being 24.245 of the Michigan Compiled Laws, the Committee by majority vote extended the time for consideration of Trans. No.98-68 submitted by the Department of Transportation, Bureau of Highways pertaining to Driveways, Banners, and Parades On and Over Highways.

September 23, 1998

Pursuant to the authority granted in subsection (3) of section 45 of the Administrative Procedures Act, being 24.245 of the Michigan Compiled Laws, the Committee by majority vote extended the time for consideration of Trans. No.98-69 submitted by the Department of Agriculture, Pesticide and Plant Pest Management Division pertaining to Regulation No. 523. Dry Edible Beans.

Sincerely,

SENATOR WALTER H. NORTH

Chair

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, September 22:

Senate Bill Nos. 1227 1228 1229 1230 1231 1232 1233 1234 1235 1236 1237 1238 1239 1240 1241 1242 1243 1244 1245 1246 1247 1248 1249 1250 1251 1252 1253 1254 1255 1256 1257 1258 1259 1260 1261 1262 1267 1268 1269 1270 1271 1272 1273 1274 1275 1276 1277 1278 1279 1280 1281 1284 1285 1286 1287 1288 1289 1290 1291 1292 1293 1294 1295 1296 1297

The Clerk announced that the following bills had been printed and placed upon the files of the members, Thursday, September 24:

House Bill Nos. 6140 6141 6142 6143 6144 6145 6146 6147 6148 6149 6150 6151 6152 6153 6154 6155 6156 6157 6158 6159 6160 6161 6162 6163 6164 6165 6166 6167 6168 6169 6170 6171 6172

The Clerk announced that the following Senate bills had been received on Thursday, September 24:

Senate Bill Nos. 820 994 1167 1168 1264 1283

By unanimous consent the House returned to the order of

Reports of Standing Committees

The Committee on Insurance, by Rep. Gubow, Chair, reported

House Bill No. 5606, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending section 1224 (MCL 500.1224), as amended by 1981 PA 1.

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

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

Favorable Roll Call

HB 5606 To Report Out:

Yeas: Reps. Gubow, Scott, Bogardus, Basham, Llewellyn, Green, Jelinek, London, Voorhees,

Nays: None.

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, September 23, 1998, at 12:25 p.m.,

Present: Reps. Gubow, Scott, Bogardus, Basham, Llewellyn, Green, Jelinek, London, Voorhees,

Absent: Reps. Dobronski, Palamara, Profit, Thomas, Varga, Vaughn, Law, Middaugh,

Excused: Reps. Dobronski, Palamara, Profit, Thomas, Varga, Vaughn, Law, Middaugh.

The Committee on Consumer Protection, by Rep. Brater, Chair, reported

House Bill No. 5726, entitled

A bill to require certain consumer reporting agencies to disclose certain information to certain consumers without charge; and to provide for certain remedies and penalties.

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

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

Favorable Roll Call

HB 5726 To Report Out:

Yeas: Reps. Brater, DeHart, Basham, Freeman, Perricone,

Nays: None.

The Committee on Consumer Protection, by Rep. Brater, Chair, reported

House Bill No. 5885, entitled

A bill to require certain consumer reporting agencies to disclose certain information to certain consumers without charge; and to provide for certain remedies and penalties.

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

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

Favorable Roll Call

HB 5885 To Report Out:

Yeas: Reps. Brater, DeHart, Basham, Freeman, Perricone,

Nays: None.

The Committee on Consumer Protection, by Rep. Brater, Chair, reported

House Bill No. 5961, entitled

A bill to amend 1976 PA 331, entitled "Michigan consumer protection act," by amending section 3 (MCL 445.903), as amended by 1996 PA 226.

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

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

Favorable Roll Call

HB 5961 To Report Out:

Yeas: Reps. Brater, DeHart, Basham, Freeman, Crissman,

Nays: None.

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Brater, Chair of the Committee on Consumer Protection, was received and read:

Meeting held on: Wednesday, September 23, 1998, at 8:45 a.m.,

Present: Reps. Brater, DeHart, Basham, Freeman, Crissman, Perricone,

Absent: Reps. Brown, Cropsey, Law,

Excused: Reps. Cropsey, Law.

The Committee on Tax Policy, by Rep. Profit, Chair, reported

House Bill No. 5787, entitled

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

With the recommendation that the bill pass.

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

Favorable Roll Call

HB 5787 To Report Out:

Yeas: Reps. Profit, Quarles, Agee, Hanley, Wallace, Wojno, Dobb, Goschka, Middleton,

Nays: None.

The Committee on Tax Policy, by Rep. Profit, Chair, reported

House Bill No. 5788, entitled

A bill to amend 1975 PA 228, entitled "Single business tax act," by amending section 71 (MCL 208.71), as amended by 1984 PA 281.

With the recommendation that the bill pass.

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

Favorable Roll Call

HB 5788 To Report Out:

Yeas: Reps. Profit, Quarles, Agee, Hanley, Wallace, Wojno, Brackenridge, Cassis, Dobb, Goschka, Middleton,

Nays: None.

The Committee on Tax Policy, by Rep. Profit, Chair, reported

House Bill No. 6050, entitled

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

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

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

Favorable Roll Call

HB 6050 To Report Out:

Yeas: Reps. Profit, Quarles, Agee, Hanley, Wallace, Wojno, Brackenridge, Dobb, Middleton,

Nays: None.

The Committee on Tax Policy, by Rep. Profit, Chair, reported

House Bill No. 6051, entitled

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

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

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

Favorable Roll Call

HB 6051 To Report Out:

Yeas: Reps. Profit, Quarles, Agee, Hanley, Wallace, Wojno, Brackenridge, Dobb, Middleton,

Nays: None.

The Committee on Tax Policy, by Rep. Profit, Chair, reported

House Bill No. 6066, entitled

A bill to amend 1975 PA 228, entitled "Single business tax act," by amending sections 9 and 73 (MCL 208.9 and 208.73), section 9 as amended by 1996 PA 347 and section 73 as amended by 1995 PA 80.

With the recommendation that the bill pass.

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

Favorable Roll Call

HB 6066 To Report Out:

Yeas: Reps. Profit, Quarles, Agee, Hanley, Wallace, Wojno, Brackenridge, Cassis, Dobb, Goschka, Middleton,

Nays: None.

The Committee on Tax Policy, by Rep. Profit, Chair, reported

House Bill No. 6069, entitled

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

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

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

Favorable Roll Call

HB 6069 To Report Out:

Yeas: Reps. Profit, Quarles, Hanley, Wallace, Wojno, Brackenridge, Cassis, Dobb, Goschka, Middleton,

Nays: None.

The Committee on Tax Policy, by Rep. Profit, Chair, reported

House Bill No. 6175, entitled

A bill to amend 1980 PA 450, entitled "The tax increment finance authority act," by amending section 1 (MCL 125.1801), as amended by 1997 PA 201.

With the recommendation that the bill pass.

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

Favorable Roll Call

HB 6175 To Report Out:

Yeas: Reps. Profit, Quarles, Agee, Hanley, Wallace, Wojno, Dobb, Goschka, Middleton,

Nays: None.

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Profit, Chair of the Committee on Tax Policy, was received and read:

Meeting held on: Thursday, September 24, 1998, at 9:00 a.m.,

Present: Reps. Profit, Quarles, Agee, Hanley, Wallace, Wojno, Perricone, Brackenridge, Cassis, Dobb, Goschka, Middleton,

Absent: Reps. Freeman, Gubow, Palamara, Wetters, Whyman,

Excused: Reps. Freeman, Gubow, Palamara, Wetters, Whyman.

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Olshove, Chair of the Committee on Public Utilities, was received and read:

Meeting held on: Wednesday, September 23, 1998, at 3:40 p.m.,

Present: Reps. Olshove, Thomas, Alley, Freeman, Griffin, Gubow, Profit, Dobb, Birkholz, Cassis, Kukuk, LeTarte, Middaugh, Raczkowski,

Absent: Reps. Baade, Dobronski, Hanley, Leland, Murphy, Wetters, Galloway, Gustafson, Whyman,

Excused: Reps. Baade, Dobronski, Hanley, Leland, Murphy, Wetters, Galloway, Gustafson, Whyman.

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Thursday, September 24, 1998, at 8:45 a.m.,

Present: Reps. Wetters, Vaughn, Baade, Bogardus, LaForge, Willard, Green, DeVuyst, Gernaat, Horton, Jelinek, Nye,

Absent: Rep. Brewer.

Messages from the Senate

House Bill No. 4786, entitled

A bill to amend 1939 PA 280, entitled "The social welfare act," (MCL 400.1 to 400.119b) by adding section 57k.

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. 4959, entitled

A bill to amend 1949 PA 300, entitled "An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of owners and operators of vehicles and service of process on residents and nonresidents; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date," by amending sections 624a, 624b, and 625n (MCL 257.624a, 257.624b, and 257.625n), section 624a as amended and section 624b as added by 1996 PA 493 and section 625n as added by 1996 PA 491; and to repeal acts and parts of acts.

The Senate has concurred in the House amendment to the Senate substitute (S-2) and agreed to the title of the bill as amended.

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

House Bill No. 5122, entitled

The Senate has concurred in the House amendment to the Senate substitute (S-2).

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

House Bill No. 5386, entitled

A bill to amend 1913 PA 380, entitled "An act to regulate gifts of real and personal property to cities, villages, townships, and counties, and the use of the those gifts; and to validate all such gifts made before the enactment of this act," (MCL 123.871 to 123.873) by adding section 4.

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

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

House Bill No. 5389, entitled

A bill to amend 1921 PA 136, entitled "An act to authorize and facilitate the acquisition and disposal of public library property by public corporations empowered to maintain public libraries," by amending section 1 (MCL 397.381).

The Senate has passed the bill.

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

House Bill No. 5783, entitled

A bill to amend 1987 PA 173, entitled "Mortgage brokers, lenders, and servicers licensing act," by amending section 25 (MCL 445.1675), as amended by 1996 PA 210, and by adding section 25a.

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. 5784, entitled

A bill to amend 1981 PA 125, entitled "The secondary mortgage loan act," by amending section 29a (MCL 493.79a), as added by 1994 PA 261.

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. 4044, entitled

A bill to amend 1961 PA 236, entitled "An act to revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of such courts, and of the judges and other officers thereof; the forms and attributes of civil claims and actions; the time within which civil actions and proceedings may be brought in said courts; pleading, evidence, practice and procedure in civil and criminal actions and proceedings in said courts; to provide remedies and penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with, or contravening any of the provisions of this act," (MCL 600.101 to 600.9948) by adding sections 2965, 2966, and 2967.

The Senate has amended the House amendments as follows:

1. Amend House Amendment No. 1, page 2, line 3, after "2967." by striking out the balance of the amendment and inserting "(1) EXCEPT AS PROVIDED IN SECTION 2966, A FIREFIGHTER OR POLICE OFFICER WHO SEEKS TO RECOVER DAMAGES FOR INJURY OR DEATH ARISING FROM THE NORMAL, INHERENT, AND FORESEEABLE RISKS OF HIS OR HER PROFESSION WHILE ACTING IN HIS OR HER OFFICIAL CAPACITY MUST PROVE THAT 1 OR MORE OF THE FOLLOWING CIRCUMSTANCES ARE PRESENT:

(A) AN INJURY OR RESULTING DEATH THAT IS A BASIS FOR THE CAUSE OF ACTION WAS CAUSED BY A PERSON'S CONDUCT AND THAT CONDUCT IS 1 OR MORE OF THE FOLLOWING:

(i) GROSSLY NEGLIGENT.

(ii) WANTON.

(iii) WILLFUL.

(iv) INTENTIONAL.

(v) CONDUCT THAT RESULTS IN A CONVICTION, GUILTY PLEA, OR PLEA OF NO CONTEST TO A CRIME UNDER STATE OR FEDERAL LAW, OR A LOCAL CRIMINAL ORDINANCE THAT SUBSTANTIALLY CORRESPONDS TO A CRIME UNDER STATE LAW.

(B) THE CAUSE OF ACTION IS A PRODUCT LIABILITY ACTION THAT IS BASED ON FIREFIGHTING OR POLICE OFFICER EQUIPMENT THAT FAILED WHILE IT WAS BEING USED BY THE FIREFIGHTER OR POLICE OFFICER DURING THE LEGALLY REQUIRED OR AUTHORIZED DUTIES OF THE PROFESSION, WHICH DUTIES WERE PERFORMED DURING AN EMERGENCY SITUATION AND WHICH DUTIES SUBSTANTIALLY INCREASED THE LIKELIHOOD OF THE RESULTING DEATH OR INJURY, AND ALL OF THE FOLLOWING ARE TRUE:

(i) THE NEGLIGENT PERSON IS NOT SOMEONE WHOSE ACT OR OMISSION RESULTED IN THE FIREFIGHTER'S OR POLICE OFFICER'S PRESENCE AT THE PLACE WHERE THE INJURY OCCURRED; OR THE PERSON IS SOMEONE WHOSE ACT OR OMISSION RESULTED IN THE FIREFIGHTER'S OR POLICE OFFICER'S PRESENCE AT THE PLACE WHERE THE INJURY OCCURRED AND THE ACTION IS BASED ON AN ACT BY THAT PERSON THAT OCCURRED AFTER THE FIREFIGHTER OR POLICE OFFICER ARRIVED AT THE PLACE WHERE THE INJURY OCCURRED.

(ii) THE NEGLIGENT PERSON IS NOT SOMEONE FROM WHOM THE FIREFIGHTER OR POLICE OFFICER HAD SOUGHT OR OBTAINED ASSISTANCE OR IS NOT AN OWNER OR TENANT OF THE PROPERTY FROM WHERE THE FIREFIGHTER OR POLICE OFFICER SOUGHT OR OBTAINED ASSISTANCE.

(iii) THE NEGLIGENT PERSON IS NOT SOMEONE WHO IS AN OWNER OR TENANT OF THE PROPERTY THAT THE FIREFIGHTER OR POLICE OFFICER WAS ON IN HIS OR HER OFFICIAL CAPACITY; OR THE PERSON IS SOMEONE WHO IS AN OWNER OR TENANT OF THE PROPERTY THAT THE FIREFIGHTER OR POLICE OFFICER WAS ON IN HIS OR HER OFFICIAL CAPACITY AND THE ACTION IS BASED ON AN ACT BY THAT PERSON THAT OCCURRED AFTER THE FIREFIGHTER OR POLICE OFFICER ARRIVED AT THE PLACE WHERE THE INJURY OCCURRED.

(C) AN INJURY OR RESULTING DEATH THAT IS A BASIS FOR THE CAUSE OF ACTION WAS CAUSED BY A PERSON'S ORDINARY NEGLIGENCE AND ALL OF THE FOLLOWING ARE TRUE:

(iv) THE FIREFIGHTER OR POLICE OFFICER WAS ENGAGED IN 1 OR MORE OF THE FOLLOWING:

(A) OPERATING, OR RIDING IN OR ON, A MOTOR VEHICLE THAT IS BEING OPERATED IN CONFORMITY WITH THE LAWS APPLICABLE TO THE GENERAL PUBLIC.

(B) AN ACT INVOLVING THE LEGALLY REQUIRED OR AUTHORIZED DUTIES OF THE PROFESSION THAT DID NOT SUBSTANTIALLY INCREASE THE LIKELIHOOD OF THE RESULTING DEATH OR INJURY. THE COURT SHALL NOT CONSIDER THE FIREFIGHTER OR POLICE OFFICER TO HAVE BEEN ENGAGED IN AN ACT THAT SUBSTANTIALLY INCREASED THE LIKELIHOOD OF DEATH OR INJURY IF THE INJURY OCCURRED WITHIN A HIGHWAY RIGHT-OF-WAY, IF THERE WAS EMERGENCY LIGHTING ACTIVATED AT THE SCENE, AND IF THE FIREFIGHTER OR POLICE OFFICER WAS ENGAGED IN EMERGENCY MEDICAL SERVICES, ACCESSING A FIRE HYDRANT, TRAFFIC CONTROL, MOTORIST ASSISTANCE, OR A TRAFFIC STOP FOR A POSSIBLE VIOLATION OF LAW.

(2) THIS SECTION SHALL NOT BE CONSTRUED TO AFFECT A RIGHT, REMEDY, PROCEDURE, OR LIMITATION OF ACTION THAT IS OTHERWISE PROVIDED BY STATUTE OR COMMON LAW.

(3) AS USED IN THIS SECTION:

(A) "GROSSLY NEGLIGENT" MEANS CONDUCT SO RECKLESS AS TO DEMONSTRATE A SUBSTANTIAL LACK OF CONCERN FOR WHETHER INJURY RESULTS.

(B) "PERSON" MEANS AN INDIVIDUAL OR A PARTNERSHIP, CORPORATION, LIMITED LIABILITY COMPANY, ASSOCIATION, OR OTHER LEGAL ENTITY.

The Senate has concurred in the House amendments as amended.

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

Senate Bill No. 184, entitled

A bill to amend 1973 PA 116, entitled "An act to provide for the protection of children through the licensing and regulation of child care organizations; to provide for the establishment of standards of care for child care organizations; to prescribe powers and duties of the department of social services and adoption facilitators; to provide penalties; and to repeal certain acts and parts of acts," by amending section 2a (MCL 722.112a), as added by 1994 PA 349.

The Senate has nonconcurred in the House amendment and appointed Senators Cisky, Shugars and Byrum as conferees.

The message was referred to the Clerk for record.

The Speaker appointed as conferees on the part of the House of Representatives, Reps. Palamara, Schauer and Hammerstrom.

Senate Bill No. 820, entitled

A bill to license and regulate bail recovery agents; to provide for certain powers and duties for certain state agencies and law enforcement agencies; to require the obtaining of surety devices by licensees; to provide for the imposition of certain fees and establishment of certain standards of operation of licensees; to provide for the promulgation of rules; and to provide remedies and prescribe penalties.

The Senate has passed the bill.

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

Senate Bill No. 994, entitled

A bill to make an appropriation for the judicial branch and certain other state purposes for the fiscal year ending September 30, 1999; and to provide for the expenditure of the appropriation.

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. 1167, entitled

A bill to amend 1966 PA 225, entitled "Carnival-amusement safety act of 1966," by amending section 2 (MCL 408.652), as amended by 1982 PA 35.

The Senate has passed the bill.

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

Senate Bill No. 1168, entitled

A bill to amend 1965 PA 290, entitled "Boiler act of 1965," (MCL 408.751 to 408.776) by adding section 7c.

The Senate has passed the bill.

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

Senate Bill No. 1264, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending sections 26 and 28 of chapterV (MCL 765.26 and 765.28).

The Senate has passed the bill.

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

Senate Bill No. 1283, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 36505 (MCL 324.36505), as added by 1995 PA 59, and by adding section 40107a.

The Senate has passed the bill.

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

Notices

The Speaker appointed as conferee, on the part of the House of Representatives for House Bill No. 5516, Rep. Kelly to replace Rep. Hood.

Communications from State Officers

The following communications from the Secretary of State were received and read:

Notices of Filing

Administrative Rules

June 25, 1998

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6 this is to advise you that the Office of Regulatory Reform, Legal Division filed at 11:25 A.M. this date, administrative rule (98-06-22) for the Department of Consumer and Industry Services, Unemployment Agency Director's Office, entitled "Employment Security", effective 15 days hereafter.

September 4, 1998

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6 this is to advise you that the Office of Regulatory Reform, Legal Division filed at 2:16 P.M. this date, administrative rule (98-09-1) for the Department of Environmental Quality, Waste Management Division, entitled "Hazardous Waste Management", effective 15 days hereafter.

September 4, 1998

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6 this is to advise you that the Office of Regulatory Reform, Legal Division filed at 2:18 P.M. this date, administrative rule (98-09-2) for the Department of Environmental Quality, Waste Management Division, entitled "Waste Management", effective 15 days hereafter.

Sincerely,

Candice S. Miller

Secretary of State

Helen Kruger, Supervisor

Office of the Great Seal

The communications were referred to the Clerk.

The following communications from the Department of Community Health were received and read:

September 22, 1998

At its September 22, 1998 meeting, the Certificate of Need Commission took final action to approve revisions to CON Review Standards for Surgical Services.

September 22, 1998

At its September 22, 1998 meeting, the Certificate of Need Commission took final action to approve revisions to CON Review Standards for Megavoltage Radiation Therapy Services.

Sincerely,

Sandra Miller, Chair

Certificate of Need Commission

The communications were referred to the Clerk.

Introduction of Bills

Reps. Birkholz, Stallworth, Jellema, Mans, Godchaux, Basham, Fitzgerald, Kilpatrick, Richner, DeVuyst, Jansen, Horton, Green, Voorhees, Llewellyn, Hammerstrom, Cropsey, Oxender, Gilmer, Johnson, Byl, Leland, McBryde, Middaugh, Dalman, Jelinek, Gernaat, Middleton, Crissman, Rocca, McManus, Bankes, London, Sikkema, Geiger, McNutt, Baade, Schauer, Brown, Scott, Cassis, Rhead, Raczkowski and Perricone introduced

House Bill No. 6186, entitled

A bill to amend 1986 PA 268, entitled "Legislative council act," (MCL 4.1101 to 4.1901) by adding section 111.

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

Rep. Gagliardi introduced

House Bill No. 6187, entitled

A bill to amend 1909 PA 279, entitled "The home rule city act," by amending section 9 (MCL 117.9), as amended by 1984 PA 352.

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

Rep. Gagliardi introduced

House Bill No. 6188, entitled

A bill to amend 1968 PA 191, entitled "An act to create a state boundary commission; to prescribe its powers and duties; to provide for municipal incorporation, consolidation and annexation; and to repeal certain acts and parts of acts," by amending section 11b (MCL 123.1011b), as added by 1982 PA 192.

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

Reps. Tesanovich, Prusi, Hale, Anthony, DeVuyst, Scott and Parks introduced

House Bill No. 6189, entitled

A bill to amend 1996 PA 376, entitled "Michigan renaissance zone act," by amending section 6 (MCL 125.2686).

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

Reps. Tesanovich, DeHart, Prusi, Cherry, Basham, Hale, Anthony, Scott and Parks introduced

House Bill No. 6190, entitled

A bill to provide for a military veterans cemetery; to authorize the purchase of land and to designate state land for a veterans cemetery; to receive and expend federal grants for a veterans cemetery; to prescribe duties for certain state officers; and to provide for an appropriation.

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

Reps. Tesanovich, Prusi, Hale, Anthony, Scott and Parks introduced

House Bill No. 6191, entitled

A bill to amend 1893 PA 206, entitled "The general property tax act," by amending sections 7cc and 7dd (MCL 211.7cc and 211.7dd), as amended by 1996 PA 476.

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

Reps. Llewellyn, Rhead, McManus, Raczkowski, Scranton, McNutt, Geiger, LeTarte, Lowe, Horton, McBryde, DeVuyst, Voorhees, Goschka, Law, Cropsey, Curtis, Nye, Godchaux, Green, Galloway, Jansen, Johnson, Oxender, Profit, Freeman, DeHart, Vaughn, Kelly, Griffin, Mans, Cherry, Varga, Hanley, Price, Brewer and Wetters introduced

House Bill No. 6192, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," (MCL 257.1 to 257.923) by adding section 803q.

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

Rep. Nye introduced

House Bill No. 6193, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 34 of chapter IX (MCL 769.34), as amended by 1998 PA 317.

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

Reps. Basham, DeHart, Stallworth, Hale, Kilpatrick, Birkholz, Scranton, Anthony and Thomas introduced

House Bill No. 6194, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 2503 (MCL 324.2503), as added by 1995 PA 60.

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

Reps. Basham, DeHart, Stallworth, Hale, Freeman, Kilpatrick, Birkholz, Scranton, Anthony and Thomas introduced

House Bill No. 6195, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," (MCL 206.1 to 206.532) by adding section 438.

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

Reps. Basham, DeHart, Stallworth, Hale, Freeman, Kilpatrick, Birkholz, Scranton, Anthony and Thomas introduced

House Bill No. 6196, entitled

A bill to establish the Great Lakes endowment fund in the department of environmental quality; to provide for the distribution of money from the fund; to prescribe the duties and powers of certain agencies and officials; and to provide for appropriations.

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

Reps. Basham, Stallworth, Hale, Kilpatrick, Birkholz, Scranton, Anthony and Thomas introduced

House Bill No. 6197, entitled

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

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

Rep. Price introduced

House Bill No. 6198, entitled

A bill to provide for the creation of housing opportunity zones; to provide for the adoption of an alternative building code; and to provide for the sale of affordable housing to lower and middle income families.

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

Rep. Price introduced

House Bill No. 6199, entitled

A bill to amend 1972 PA 230, entitled "State construction code act of 1972," (MCL 125.1501 to 125.1531) by adding section 8a.

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

Reps. Brater, Schauer, Kaza, LaForge and Parks introduced

House Bill No. 6200, entitled

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

Reps. Brater, Scranton, McBryde, Parks and Richner introduced

House Bill No. 6201, entitled

A bill to require antirabies vaccinations of domestic pets; to prescribe duties for local governmental officials; to impose duties on domestic pet owners; and to provide penalties for violations of this act.

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

Reps. Sanborn, Wojno, Callahan, Llewellyn, Cropsey, McBryde, Horton, Birkholz, Jansen, Voorhees, Green, Nye, Goschka and Kukuk introduced

House Bill No. 6202, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 310 (MCL 257.310), as amended by 1996 PA 205.

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

Reps. Sanborn, Wojno, Callahan, Llewellyn, Cropsey, McBryde, Horton, Birkholz, Jansen, Voorhees, Green, Nye, Goschka and Kukuk introduced

House Bill No. 6203, entitled

A bill to amend 1994 PA 295, entitled "Sex offenders registration act," by amending sections 4 and 6 (MCL 28.724 and 28.726), section 6 as amended by 1996 PA 494.

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

Rep. Llewellyn introduced

House Bill No. 6204, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending section 3104 (MCL 500.3104), as amended by 1980 PA 445, and by adding section 3104a.

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

Reps. Schermesser, Kelly, DeHart, Hale and LaForge introduced

House Bill No. 6205, entitled

A bill to amend 1993 PA 354, entitled "Railroad code of 1993," by amending section 315 (MCL 462.315).

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

Reps. Fitzgerald, Sikkema, Gustafson, Jellema, Birkholz, Gilmer, Richner, Scranton, Byl, Jelinek, LeTarte, Jansen, Sanborn, Rocca, Godchaux, Green, Cassis, Raczkowski and Perricone introduced

House Bill No. 6206, entitled

A bill to amend 1976 PA 388, entitled "Michigan campaign finance act," (MCL 169.201 to 169.282) by adding section 48.

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

Rep. Dobronski introduced

House Bill No. 6207, entitled

A bill to amend 1991 PA 179, entitled "Michigan telecommunications act," (MCL 484.2101 to 484.2604) by adding section 507.

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

Rep. Rhead introduced

House Bill No. 6208, entitled

A bill to amend 1957 PA 261, entitled "Michigan legislative retirement system act," by amending sections 21, 22, 22c, 26, and 50a (MCL 38.1021, 38.1022, 38.1022c, 38.1026, and 38.1050a), sections 21, 22, and 26 as amended by 1994 PA 359, section 22c as amended by 1996 PA 486, and section 50a as amended by 1998 PA 80, and by adding section 36a.

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

Reps. Hammerstrom, Rocca, Godchaux, Perricone, Scranton, Birkholz, Crissman, Dalman, Bankes, Johnson, Cassis and Raczkowski introduced

House Bill No. 6209, entitled

A bill to amend 1980 PA 350, entitled "The nonprofit health care corporation reform act," (MCL 550.1101 to 550.1704) by adding sections 401f, 401g, and 402c.

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

Reps. Birkholz, Richner, Jelinek, Jansen, Hammerstrom, Rocca, Fitzgerald, Scranton, Jellema, Sanborn, Godchaux, DeVuyst, Byl, Bobier, Cassis, Raczkowski and Perricone introduced

House Bill No. 6210, entitled

A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding sections 21052b, 21053d, and 21053e.

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

Reps. Rocca, Hammerstrom, Scranton, Birkholz, Perricone, Godchaux, Green, Cassis and Raczkowski introduced

House Bill No. 6211, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," (MCL 500.100 to 500.8302) by adding sections 2212b, 3406n, and 3406o.

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

Rep. Cherry introduced

House Bill No. 6212, entitled

A bill to amend 1984 PA 431, entitled "The management and budget act," (MCL 18.1101 to 18.1594) by adding section 261c.

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

Rep. Basham introduced

House Bill No. 6213, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding part 141.

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

______

Rep. LeTarte moved that the House adjourn.

The motion prevailed, the time being 9:50 p.m.

Acting Speaker DeHart declared the House adjourned until Thursday, November 5, at 10:00 a.m.

MARY KAY SCULLION

Clerk of the House of Representatives. 80010 SOUTH HAVEN PUBLIC SCHOOLS $ 2,368

81000 WASHTENAW INTERMEDIATE SCHOOL $ 1,363,365

81010 ANN ARBOR PUBLIC SCHOOLS # hj11058t.075

No. 75

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

89th Legislature

REGULAR SESSION OF 1998

House Chamber, Lansing, Thursday, November 5, 1998.

10:00 a.m.

The House was called to order by the Speaker.

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

Agee--present

Alley--present

Anthony--present

Baade--present

Baird--present

Bankes--present

Basham--present

Birkholz--present

Bobier--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--excused

Dobb--present

Dobronski--excused

Emerson--present

Fitzgerald--present

Frank--present

Freeman--present

Gagliardi--present

Galloway--present

Geiger--present

Gernaat--present

Gilmer--present

Gire--present

Godchaux--present

Goschka--present

Green--present

Griffin--absent

Gubow--present

Gustafson--present

Hale--present

Hammerstrom--present

Hanley--present

Harder--present

Hertel--present

Horton--present

Jansen--present

Jelinek--present

Jellema--present

Johnson--present

Kaza--present

Kelly--present

Kilpatrick--present

Kukuk--present

LaForge--present

Law--present

Leland--present

LeTarte--present

Llewellyn--present

London--present

Lowe--present

Mans--present

Martinez--present

Mathieu--present

McBryde--present

McManus--excused

McNutt--present

Middaugh--present

Middleton--present

Murphy--present

Nye--present

Olshove--present

Owen--absent

Oxender--excused

Palamara--present

Parks--present

Perricone--present

Price--present

Profit--present

Prusi--present

Quarles--present

Raczkowski--present

Rhead--present

Richner--present

Rison--present

Rocca--present

Sanborn--present

Schauer--present

Schermesser--present

Schroer--present

Scott--present

Scranton--present

Sikkema--present

Stallworth--present

Tesanovich--present

Thomas--present

Varga--excused

Vaughn--present

Voorhees--present

Walberg--present

Wallace--present

Wetters--present

Whyman--present

Willard--present

Wojno--present

e/d/s = entered during session

Brittany Barrett Boos, from the 54th District, offered the following invocation:

"A reading from Psalms 25, Verse 4. Make me to know thy ways, O Lord; teach me thy paths. Lead me in thy truth and teach me, for thou art the God of my salvation.

______

Rep. Cherry moved that Reps. Dobronski and Varga be excused from today's session.

The motion prevailed.

Rep. Hammerstrom moved that Reps. DeVuyst, Oxender and McManus be excused from today's session.

The motion prevailed.

Motions and Resolutions

Rep. Gagliardi moved that a respectful message be sent to the Senate requesting the return of Senate Bill No. 1170.

The motion prevailed.

Reports of Standing Committees

The Committee on Tourism, by Rep. Baade, Chair, reported

House Resolution No. 363.

A resolution to support the establishment of a Great Lakes Lighthouse Center and Museum at Mackinaw City.

(For text of resolution, see House Journal No. 70, p. 2006.)

With the recommendation that the resolution be adopted.

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

Favorable Roll Call

HR 363 To Report Out:

Yeas: Reps. Baade, Brewer, Wetters, Willard, Bodem, Brackenridge,

Nays: None.

The Committee on Tourism, by Rep. Baade, Chair, reported

House Resolution No. 364.

A resolution to encourage the establishment of a Great Lakes Mariners' Memorial at Whitefish Point.

(For text of resolution, see House Journal No. 70, p. 2006.)

With the recommendation that the resolution be adopted.

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

Favorable Roll Call

HR 364 To Report Out:

Yeas: Reps. Baade, Brewer, Wetters, Willard, Bodem, Brackenridge,

Nays: None.

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Thursday, November 5, 1998, at 9:00 a.m.,

Present: Reps. Baade, Brewer, Wetters, Willard, Bodem, Brackenridge,

Absent: Reps. Vaughn, Horton, Lowe,

Excused: Reps. Vaughn, Horton, Lowe.

Messages from the Senate

House Bill No. 5268, entitled

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

The 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 on September 25, 1998.

House Bill No. 5516, entitled

(For text of conference report, see House Journal No. 74, p. 2227.)

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

The bill was referred to the Clerk for enrollment printing and presentation to the Governor on September 25, 1998.

House Bill No. 5796, entitled

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 on September 25, 1998.

House Bill No. 5271, entitled

The Senate has amended the bill as follows:

1. Amend page 6, following line 12, enacting section 2, after "effect" by striking out "July 1, 1998" and inserting "January 1, 1999".

The Senate has passed the bill as amended, ordered that the bill 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.

Senate Bill No. 752, entitled

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

The Senate has amended the House amendment as follows:

1. Amend House Amendment No. 2, page 2, line 11, enacting section 1, after "effect" by striking out "July 1, 1998" and inserting "January 1, 1999".

The Senate has concurred in the House amendments as amended, ordered that it given immediate effect and agreed to the full title.

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

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

Senate Bill No. 1170, entitled

The message was referred to the Clerk.

Notices

October 20, 1998

Effective immediately, I am hereby appointing Representative Tom Mathieu as Chairman of the House Appropriations Committee, replacing the late Representative Morris Hood, Jr.

If you have any questions, feel free to contact my office.

Sincerely,

Curtis Hertel

Speaker of the House

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, Wednesday, September 23:

Senate Bill Nos. 1298 1299 1300 1301 1302 1303 1304 1305 1306 1308 1309 1310 1311 1312 1313 1315 1316

The Clerk announced the enrollment printing and presentation to the Governor on Friday, September 25, for his approval of the following bill:

Enrolled Senate Bill No. 908 at 11:38 a.m.

The Clerk announced that the following bills had been printed and placed upon the files of the members, Monday, September 28:

House Bill Nos. 6173 6174 6175 6176 6177 6178 6179 6180 6181 6182 6183 6184 6185

The Clerk announced the enrollment printing and presentation to the Governor on Tuesday, September 29, for his approval of the following bill:

Enrolled Senate Bill No. 677 at 4:06 p.m.

The Clerk announced that the following bills had been printed and placed upon the files of the members, Wednesday, September 30:

House Bill Nos. 6186 6187 6188 6189 6190 6191 6192 6193 6194 6195 6196 6197 6198 6199 6200 6201 6202 6203 6204 6205 6206 6207 6208 6209 6210 6211 6212 6213

The Clerk announced the enrollment printing and presentation to the Governor on Tuesday, October 6, for his approval of the following bills:

Enrolled House Bill No. 4482 at 1:15 p.m.

Enrolled House Bill No. 4786 at 1:17 p.m.

Enrolled House Bill No. 4983 at 1:19 p.m.

Enrolled House Bill No. 5069 at 1:21 p.m.

Enrolled House Bill No. 5078 at 1:23 p.m.

Enrolled House Bill No. 5212 at 1:25 p.m.

Enrolled House Bill No. 5213 at 1:27 p.m.

Enrolled House Bill No. 5268 at 1:29 p.m.

Enrolled House Bill No. 5315 at 1:31 p.m.

Enrolled House Bill No. 5386 at 1:33 p.m.

Enrolled House Bill No. 5389 at 1:35 p.m.

Enrolled House Bill No. 5516 at 1:37 p.m.

Enrolled House Bill No. 5783 at 1:39 p.m.

Enrolled House Bill No. 5784 at 1:41 p.m.

Enrolled House Bill No. 5796 at 1:43 p.m.

Enrolled House Bill No. 5887 at 1:45 p.m.

The Clerk announced the enrollment printing and presentation to the Governor on Wednesday, October 7, for his approval of the following bills:

Enrolled House Bill No. 4210 at 10:30 a.m.

Enrolled House Bill No. 4576 at 10:32 a.m.

Enrolled House Bill No. 4959 at 10:34 a.m.

Enrolled House Bill No. 4960 at 10:36 a.m.

Enrolled House Bill No. 4961 at 10:38 a.m.

Enrolled House Bill No. 5122 at 10:40 a.m.

Enrolled House Bill No. 5123 at 10:42 a.m.

Enrolled House Bill No. 5951 at 10:44 a.m.

Enrolled House Bill No. 5952 at 10:46 a.m.

Enrolled House Bill No. 5953 at 10:48 a.m.

Enrolled House Bill No. 5954 at 10:50 a.m.

Enrolled House Bill No. 5955 at 10:52 a.m.

Enrolled House Bill No. 5956 at 10:54 a.m.

Enrolled Senate Bill No. 57 at 2:54 p.m.

Enrolled Senate Bill No. 268 at 2:56 p.m.

Enrolled Senate Bill No. 269 at 2:58 p.m.

Enrolled Senate Bill No. 625 at 3:00 p.m.

Enrolled Senate Bill No. 627 at 3:02 p.m.

Enrolled Senate Bill No. 776 at 3:04 p.m.

Enrolled Senate Bill No. 855 at 3:06 p.m.

Enrolled Senate Bill No. 869 at 3:08 p.m.

Enrolled Senate Bill No. 870 at 3:10 p.m.

Enrolled Senate Bill No. 953 at 3:12 p.m.

The Clerk announced the enrollment printing and presentation to the Governor on Friday, October 9, for his approval of the following bills:

Enrolled Senate Bill No. 181 at 11:43 a.m.

Enrolled Senate Bill No. 778 at 11:45 a.m.

Enrolled Senate Bill No. 941 at 11:47 a.m.

Enrolled Senate Bill No. 1025 at 11:49 a.m.

Enrolled Senate Bill No. 1128 at 11:51 a.m.

Enrolled Senate Bill No. 1149 at 11:53 a.m.

Enrolled Senate Bill No. 1209 at 11:55 a.m.

The Clerk announced the enrollment printing and presentation to the Governor on Monday, October 12, for his approval of the following bills:

Enrolled Senate Bill No. 1136 at 3:25 p.m.

The Clerk announced the enrollment printing and presentation to the Governor on Tuesday, October 27, for his approval of the following bills:

Enrolled Senate Bill No. 209 at 11:30 a.m.

The Clerk announced that the following Senate bill had been received on Thursday, November 5:

Senate Bill No. 1228

The Clerk announced that the following Senate bills had been approved and signed by the Governor:

Enrolled Senate Bill No. 908 - Public Act No. 336

Enrolled Senate Bill No. 677 - Public Act No. 337

Enrolled Senate Bill No. 269 - Public Act No. 345

Enrolled Senate Bill No. 625 - Public Act No. 346

Enrolled Senate Bill No. 627 - Public Act No. 347

Enrolled Senate Bill No. 869 - Public Act No. 348

Enrolled Senate Bill No. 870 - Public Act No. 350

Enrolled Senate Bill No. 953 - Public Act No. 351

Enrolled Senate Bill No. 268 - Public Act No. 355

Enrolled Senate Bill No. 1136 - Public Act No. 375

Enrolled Senate Bill No. 57 - Public Act No. 376

Enrolled Senate Bill No. 855 - Public Act No. 377

Enrolled Senate Bill No. 776 - Public Act No. 378

Enrolled Senate Bill No. 778 - Public Act No. 379

Enrolled Senate Bill No. 1149 - Public Act No. 380

Enrolled Senate Bill No. 1025 - Public Act No. 381

Enrolled Senate Bill No. 181 - Public Act No. 382

Enrolled Senate Bill No. 1209 - Public Act No. 383

Enrolled Senate Bill No. 941 - Public Act No. 384

Enrolled Senate Bill No. 1128 - Public Act No. 385

Messages from the Governor

The following message from the Governor was received September 27, 1998 and read:

EXECUTIVE ORDER 1998 - 6

National Guard Assistance

WHEREAS, on September 26, 1998, severe winds struck the County of Otsego; and

WHEREAS, the severe winds have resulted in numerous injuries, widespread power outages, debris in streets, and security problems; and

WHEREAS, the severe winds have caused severe damage to homes, businesses, and public facilities; and

WHEREAS, I have previously declared a state of disaster to exist in the County of Otsego;

[SEAL] Given under my hand and the Great Seal of the State of Michigan this twenty-seventh day of September in the Year of our Lord, One Thousand Nine Hundred Ninety-Eight.

John Engler

Governor

By the Governor:

Candice S. Miller

Secretary of State

The message was referred to the Clerk.

The following messages from the Governor, approving and signing the following bills at the times designated below, were received and read:

Date: September 24, 1998

Time: 5:45 p.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5596 (Public Act No. 335, I.E.), being

(Filed with the Secretary of State September 25, 1998, at 1:45 p.m.)

Date: September 30, 1998

Time: 10:08 a.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 4799 (Public Act No. 338, I.E.), being

(Filed with the Secretary of State September 30, 1998, at 11:29 a.m.)

Date: October 16, 1998

Time: 9:55 a.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 4210 (Public Act No. 340), being

(Filed with the Secretary of State October 16, 1998, at 3:05 p.m.)

Date: October 16, 1998

Time: 9:57 a.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5123 (Public Act No. 341), being

(Filed with the Secretary of State October 16, 1998, at 3:07 p.m.)

Date: October 16, 1998

Time: 9:59 a.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5122 (Public Act No. 342), being

(Filed with the Secretary of State October 16, 1998, at 3:09 p.m.)

Date: October 16, 1998

Time: 10:01 a.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5952 (Public Act No. 343), being

An act to amend 1949 PA 300, entitled "An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of owners and operators of vehicles and service of process on residents and nonresidents; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date," by amending sections 310d and 321a (MCL 257.310d and 257.321a), section 310d as amended by 1991 PA 99 and section 321a as amended by 1998 PA 68.

(Filed with the Secretary of State October 16, 1998, at 3:11 p.m.)

Date: October 16, 1998

Time: 10:03 a.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5953 (Public Act NP> The motion prevailed, 2/3 of the members serving voting therefor.

Senate Bill No. 1025, entitled

A bill to define certain fruit, vegetabo. 344), being

(Filed with the Secretary of State October 16, 1998, at 3:13 p.m.)

Date: October 16, 1998

Time: 10:13 a.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 4959 (Public Act No. 349), being

An act to amend 1949 PA 300, entitled "An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of owners and operators of vehicles and service of process on residents and nonresidents; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date," by amending sections 624a, 624b, and 625n (MCL 257.624a, 257.624b, and 257.625n), section 624a as amended and section 624b as added by 1996 PA 493 and section 625n as added by 1996 PA 491.

(Filed with the Secretary of State October 16, 1998, at 3:23 p.m.)

Date: October 16, 1998

Time: 10:19 a.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5954 (Public Act No. 352), being

(Filed with the Secretary of State October 16, 1998, at 3:29 p.m.)

Date: October 16, 1998

Time: 10:21 a.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5955 (Public Act No. 353), being

(Filed with the Secretary of State October 16, 1998, at 3:31 p.m.)

Date: October 16, 1998

Time: 10:23 a.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5956 (Public Act No. 354), being

(Filed with the Secretary of State October 16, 1998, at 3:33 p.m.)

Date: October 16, 1998

Time: 10:27 a.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5951 (Public Act No. 356), being

An act to amend 1949 PA 300, entitled "An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of owners and operators of vehicles and service of process on residents and nonresidents; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date," by amending sections 8a, 44a, and 319b (MCL 257.8a, 257.44a, and 257.319b), section 8a as amended by 1994 PA 449, section 44a as added by 1993 PA 359, and section 319b as amended by 1996 PA 404, and by adding section 23b.

(Filed with the Secretary of State October 16, 1998, at 3:37 p.m.)

Date: October 16, 1998

Time: 10:29 a.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 4576 (Public Act No. 357), being

(Filed with the Secretary of State October 16, 1998, at 3:39 p.m.)

Date: October 16, 1998

Time: 10:40 a.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 4961 (Public Act No. 358), being

An act to amend 1949 PA 300, entitled "An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of owners and operators of vehicles and service of process on residents and nonresidents; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date," by amending section 320b (MCL 257.320b) and by adding sections 904d, 904e, and 904f.

(Filed with the Secretary of State October 16, 1998, at 3:41 p.m.)

Date: October 16, 1998

Time: 10:42 a.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 4960 (Public Act No. 359), being

(Filed with the Secretary of State October 16, 1998, at 3:43 p.m.)

Date: October 20, 1998

Time: 9:43 a.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 4482 (Public Act No. 360, I.E.), being

(Filed with the Secretary of State October 20, 1998, at 1:12 p.m.)

Date: October 20, 1998

Time: 9:52 a.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 4786 (Public Act No. 361, I.E.), being

(Filed with the Secretary of State October 20, 1998, at 1:14 p.m.)

Date: October 20, 1998

Time: 9:50 a.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 4983 (Public Act No. 362, I.E.), being

(Filed with the Secretary of State October 20, 1998, at 1:16 p.m.)

Date: October 20, 1998

Time: 1:00 p.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5069 (Public Act No. 363, I.E.), being

(Filed with the Secretary of State October 20, 1998, at 1:18 p.m.)

Date: October 20, 1998

Time: 1:16 p.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5078 (Public Act No. 364, I.E.), being

(Filed with the Secretary of State October 20, 1998, at 1:20 p.m.)

Date: October 20, 1998

Time: 1:18 p.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5212 (Public Act No. 365, I.E.), being

(Filed with the Secretary of State October 20, 1998, at 1:22 p.m.)

Date: October 20, 1998

Time: 1:20 p.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5213 (Public Act No. 366, I.E.), being

(Filed with the Secretary of State October 20, 1998, at 1:24 p.m.)

Date: October 20, 1998

Time: 9:38 a.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5268 (Public Act No. 367, I.E.), being

(Filed with the Secretary of State October 20, 1998, at 1:26 p.m.)

Date: October 20, 1998

Time: 9:45 a.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5315 (Public Act No. 368, I.E.), being

(Filed with the Secretary of State October 20, 1998, at 1:28 p.m.)

Date: October 20, 1998

Time: 1:06 p.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5386 (Public Act No. 369, I.E.), being

(Filed with the Secretary of State October 20, 1998, at 1:30 p.m.)

Date: October 20, 1998

Time: 1:10 p.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5389 (Public Act No. 370, I.E.), being

(Filed with the Secretary of State October 20, 1998, at 1:32 p.m.)

Date: October 20, 1998

Time: 9:54 a.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5783 (Public Act No. 371, I.E.), being

(Filed with the Secretary of State October 20, 1998, at 1:34 p.m.)

Date: October 20, 1998

Time: 9:56 a.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5784 (Public Act No. 372, I.E.), being

(Filed with the Secretary of State October 20, 1998, at 1:36 p.m.)

Date: October 20, 1998

Time: 10:02 a.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5796 (Public Act No. 373, I.E.), being

(Filed with the Secretary of State October 20, 1998, at 1:38 p.m.)

Date: October 20, 1998

Time: 1:02 p.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5887 (Public Act No. 374, I.E.), being

(Filed with the Secretary of State October 20, 1998, at 1:40 p.m.)

Communications from State Officers

The following communications from the Secretary of State were received and read:

Notices of Filing

Administrative Rules

July 28, 1998

October 2, 1998

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6 this is to advise you that the Office of Regulatory Reform, Legal Division filed at 10:07 A.M. this date, administrative rule (98-10-1) for the Department of Treasury, Revenue Division, entitled "Intangibles Tax", effective 15 days hereafter.

October 16, 1998

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6 this is to advise you that the Office of Regulatory Reform, Legal Division filed at 11:40 A.M. this date, administrative rule (98-10-3) for the Department of Consumer and Industry Services, Director's Office, entitled "Building Officials, Plan Reviewers, and Inspectors", effective 15 days hereafter.

Sincerely,

Candice S. Miller

Secretary of State

Helen Kruger, Supervisor

Office of the Great Seal

The communications was referred to the Clerk.

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

September 28, 1998

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

Performance Audit of the

Request for Proposal for the

Children's Specialty and

Children's Comprehensive Health Care Plan

Department of Community Health and

Department of Management and Budget

September 1998

October 5, 1998

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

Performance Audit of the

Federal Cash Management Improvement Act Program

Department of Treasury

October 1998

October 20, 1998

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

Financial Audit, Including the Provisions

of the Single Audit Act, of the

Department of Military and Veterans Affairs

October, 1 1995, through September 30, 1997

October 22, 1998

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

Financial Audit

of the

School Aid Fund

Department of Education

October 1, 1994, through September 30, 1997

October 26, 1998

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

Financial Audit, Including the Provisions

of the Single Audit Act, of the

Michigan Department of State Police

October 1, 1995, through September 30, 1997

October 29, 1998

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

Financial Audit, Including the Provisions

of the Single Audit Act, of the

Department of Corrections

October 1, 1995, through September 30, 1997

November 2, 1998

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

Performance Audit of

Cash Functions

Department of Natural Resources

November 1998

November 3, 1998

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

Financial Audit, Including the Provisions

of the Single Audit Act, of the

Department of Treasury

October 1, 1995, through September 30, 1997

Sincerely,

Thomas H. McTavish, C.P.A.

Auditor General

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

The following communication from Central Michigan University was received and read:

September 18, 1998

It is my pleasure to send you a copy of the Central Michigan University 1997-98 Financial Report.

Sincerely,

Kim Ellertson

Vice President

Business and Finance

The communication was referred to the Clerk.

The following communication from Schoolcraft College was received and read:

October 12, 1998

As required, we are enclosing a copy of the audited financial statements and the management letter for Schoolcraft College for the fiscal year ended June 30, 1998.

Sincerely,

Jill O'Sullivan

Executive Director

Financial Services

The communication was referred to the Clerk.

The following communication from the Department of Civil Service was received and read:

October 19, 1998

Sincerely,

John F. Lopez

Director

The communication was referred to the Clerk.

The following communication from Northern Michigan University was received and read:

October 19, 1998

Enclosed for your information is a copy of the Financial Report for Northern Michigan University for the year ended June 30, 1998.

Yours very truly,

Michael J. Roy

Vice President

Finance and Administration

The communication was referred to the Clerk.

The following communications from the Northeast Michigan Consortium were received and read:

October 30, 1998

The Workforce Development Board of Northeast Michigan Consortium has prepared the final Work First Plan for Program Year 1999. Total Work First Program funds planned for PY98 are $654,366.00

A copy of the Plan is available at Northeast Michigan Consortium, 20709 State Street, P.O. Box 711, Onaway, Michigan 49765 for public review.

October 30, 1998

A copy of the Plan is available at Northeast Michigan Consortium, P.O. Box 711, 20709 State Street, Onaway, Michigan 49765.

Sincerely,

Terry L. Basel

Program Coordinator

The communications were referred to the Clerk.

Introduction of Bills

Rep. Basham introduced

House Bill No. 6214, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," (MCL 500.100 to 500.8302) by adding chapter 3.

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

House Bill No. 6215, entitled

A bill to amend 1954 PA 116, entitled "Michigan election law," by amending section 792a (MCL 168.792a), as amended by 1996 PA 583.

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

Rep. Galloway introduced

House Bill No. 6216, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending section 1204c (MCL 500.1204c), as amended by 1996 PA 466, and by adding chapter 27a.

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

Rep. Olshove introduced

House Bill No. 6217, entitled

A bill to provide priority to certain electricity generators in a direct access bid process; and to prescribe the powers and duties of certain state agencies and officials.

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

Reps. Llewellyn and Scranton introduced

House Bill No. 6218, entitled

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

Rep. Basham introduced

House Bill No. 6219, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending sections 1588 and 1599 (MCL 380.1588 and 380.1599) and by adding section 1580.

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

Rep. Basham introduced

House Bill No. 6220, entitled

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

Rep. Gubow introduced

House Bill No. 6221, entitled

A bill to amend 1909 PA 279, entitled "The home rule city act," by amending section 6 (MCL 117.6), as amended by 1984 PA 352, and by adding section 9c.

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

Rep. Llewellyn introduced

House Bill No. 6222, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending section 21042 (MCL 333.21042), as amended by 1982 PA 354.

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

Reps. Hammerstrom, Raczkowski, Voorhees, Jellema, Birkholz, Sanborn, McBryde, Bodem and Richner introduced

House Bill No. 6223, entitled

A bill to amend 1974 PA 258, entitled "Mental health code," by amending section 700 (MCL 330.1700), as amended by 1995 PA 290, and by adding section 713a.

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

Reps. Quarles, Vaughn, Profit, Bogardus, London, Scranton, Martinez, Cherry, Ciaramitaro, Schroer, McNutt, Lowe, Kilpatrick, Parks, Gire, Baird, Emerson, Brater and Bodem introduced

House Bill No. 6224, entitled

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

Reps. Bogardus, Hanley, Kelly, Callahan, Hale and Willard introduced

House Bill No. 6225, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding part 302.

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

Rep. Hanley introduced

House Bill No. 6226, entitled

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

Rep. Hanley introduced

House Bill No. 6227, entitled

A bill to amend 1979 PA 152, entitled "State license fee act," by amending section 39 (MCL 338.2239), as amended by 1988 PA 461.

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

Reps. Richner, Perricone, Raczkowski, Scranton, Voorhees, Goschka, Birkholz, Godchaux, Hammerstrom, Middaugh and Dalman introduced

House Bill No. 6228, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," (MCL 600.101 to 600.9948) by adding section 1457.

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

Reps. Nye, Curtis and McNutt introduced

House Bill No. 6229, entitled

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

Reps. Basham and Stallworth introduced

House Bill No. 6230, entitled

A bill to amend 1995 PA 162, entitled "Credit reform act," by amending section 4 (MCL 445.1854).

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

Reps. Murphy, Freeman, Agee, Cherry, Quarles, Wallace, Curtis, Kilpatrick, Bogardus, Rison, Scott, Parks, Schermesser, Prusi, Brater, Vaughn and Thomas introduced

House Bill No. 6231, entitled

A bill to amend 1984 PA 431, entitled "The management and budget act," (MCL 18.1101 to 18.1594) by adding section 261c.

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

Rep. Rhead introduced

House Bill No. 6232, entitled

A bill to amend 1954 PA 116, entitled "Michigan election law," by amending section 737a (MCL 168.737a), as added by 1996 PA 461.

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

Rep. Law introduced

House Bill No. 6233, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," (MCL 380.1 to 380.1852) by adding section 1279g.

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

Rep. Law introduced

House Bill No. 6234, entitled

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

Rep. Horton introduced

House Bill No. 6235, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 51302 and 51303 (MCL 324.51302 and 324.51303), as added by 1995 PA 57.

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

Reps. Horton, Walberg, Jansen, Lowe, Goschka, Voorhees, Gernaat, Cropsey, Whyman, Green, Llewellyn, McManus, Gustafson, Kaza, Sanborn and Perricone introduced

House Bill No. 6236, entitled

A bill to amend 1939 PA 288, entitled "An act to revise and consolidate the statutes relating to certain aspects of the family division of circuit court, to the jurisdiction, powers, and duties of the family division of circuit court and its judges and other officers, to the change of name of adults and children, and to the adoption of adults and children; to prescribe certain jurisdiction, powers, and duties of the family division of circuit court and its judges and other officers; to prescribe the manner and time within which certain actions and proceedings may be brought in the family division of the circuit court; to prescribe pleading, evidence, practice, and procedure in certain actions and proceedings in the family division of circuit court; to provide for appeals from certain actions in the family division of circuit court; to prescribe the powers and duties of certain state departments, agencies, and officers; and to provide remedies and penalties," by amending sections 22a, 23f, 24, and 46 of chapter X (MCL 710.22a, 710.23f, 710.24, and 710.46), section 22a as added by 1994 PA 430, section 23f as amended by 1994 PA 373, section 24 as amended by 1996 PA409, and section 46 as amended by 1994 PA 222.

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

Rep. Profit introduced

House Bill No. 6237, entitled

A bill to amend 1980 PA 299, entitled "Occupational code," by amending section 901 (MCL 339.901), as amended by 1981 PA 83.

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

Rep. Profit introduced

House Bill No. 6238, entitled

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

Rep. Profit introduced

House Bill No. 6239, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 16a of chapter IX (MCL 769.16a), as amended by 1993 PA 85.

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

Rep. Fitzgerald introduced

House Bill No. 6240, entitled