hj02108t.011

No. 11

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

89th Legislature

REGULAR SESSION OF 1998

House Chamber, Lansing, Tuesday, February 10, 1998.

2:00 p.m.

The House was called to order by Acting Speaker Hanley.

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--e/d/s

Curtis--present

Dalman--present

DeHart--present

DeVuyst--present

Dobb--present

Dobronski--present

Emerson--present

Fitzgerald--present

Frank--present

Freeman--present

Gagliardi--present

Galloway--excused

Geiger--present

Gernaat--present

Gilmer--present

Gire--present

Godchaux--present

Goschka--present

Green--present

Griffin--present

Gubow--present

Gustafson--present

Hale--present

Hammerstrom--present

Hanley--present

Harder--present

Hertel--present

Hood--present

Horton--present

Jansen--present

Jelinek--present

Jellema--present

Johnson--present

Kaza--present

Kelly--excused

Kilpatrick--present

Kukuk--present

LaForge--present

Law--present

Leland--present

LeTarte--present

Llewellyn--present

London--present

Lowe--present

Mans--present

Martinez--present

Mathieu--present

McBryde--present

McManus--present

McNutt--absent

Middaugh--present

Middleton--present

Murphy--present

Nye--present

Olshove--present

Owen--present

Oxender--present

Palamara--present

Parks--present

Perricone--present

Price--present

Profit--present

Prusi--present

Quarles--present

Raczkowski--present

Rhead--present

Richner--present

Rison--present

Rocca--present

Schauer--present

Schermesser--present

Schroer--present

Scott--present

Scranton--e/d/s

Sikkema--present

Stallworth--present

Tesanovich--present

Thomas--present

Varga--excused

Vaughn--present

Voorhees--present

Walberg--present

Wallace--present

Wetters--e/d/s

Whyman--present

Willard--present

Wojno--present

e/d/s = entered during session

Rep. Larry DeVuyst, from the 93rd District, offered the following invocation:

"It is written that every head shall bow, every eye shall close and every knee shall bend. Let us be in an attitude of prayer. Father, We invoke Your presence. Fill us with Your spirit and Your grace that we may do Thy will while we pray for the sheltering of the homeless and food for the hungry and courage for those of faint hearts. Help us to find the right way to help those we are asked to serve. We give thanks for this life, for this great nation, this beautiful state in which we live and serve, for this beautiful day and for this very precious moment with Thee. Be part of our deliberations, we need You to be our guide. We pray in the name of Your Son and our savior Jesus Christ. Amen."

______

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

The motion prevailed.

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

The motion prevailed.

Notices

February 10, 1998

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

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

Sincerely,

Curtis Hertel

Speaker of the House

By unanimous consent the House returned to the order of

Reports of Standing Committees

The Speaker laid before the House

House Concurrent Resolution No. 42.

A concurrent resolution to urge the United States Department of Agriculture to take strong steps to halt all discrimination against Black farmers and to memorialize the Congress of the United States to enact recommended legislation.

(For text of resolution, see House Journal No. 45 of 1997, p. 965.)

(The resolution was reported by the Committee on Agriculture on February 5, with amendment, consideration of which was postponed until today under the rules.)

(For amendment, see House Journal No. 10, p. 152.)

The question being on the adoption of the proposed amendment recommended by the Committee on Agriculture,

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

The question being on the adoption of the concurrent resolution,

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

Third Reading of Bills

House Bill No. 5343, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 43510 (MCL 324.43510), as added by 1995 PA 57.

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

Roll Call No. 52 Yeas--96

Agee Dobb Jansen Oxender

Alley Dobronski Jelinek Palamara

Anthony Emerson Jellema Parks

Baade Fitzgerald Johnson Perricone

Bankes Frank Kaza Price

Basham Freeman Kilpatrick Profit

Birkholz Gagliardi Kukuk Quarles

Bobier Geiger LaForge Raczkowski

Bodem Gernaat Law Rhead

Bogardus Gilmer Leland Richner

Brackenridge Gire LeTarte Rocca

Brater Godchaux Llewellyn Schauer

Brewer Goschka London Schermesser

Brown Green Lowe Scott

Byl Griffin Mans Sikkema

Callahan Gubow Mathieu Stallworth

Cassis Gustafson McBryde Thomas

Cherry Hale McManus Vaughn

Ciaramitaro Hammerstrom Middaugh Voorhees

Crissman Hanley Middleton Walberg

Curtis Harder Murphy Wallace

Dalman Hertel Nye Whyman

DeHart Hood Olshove Willard

DeVuyst Horton Owen Wojno

Nays--2

Rison Schroer

In The Chair: Hanley

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

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

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 43513 (MCL 324.43513), as amended by 1996 PA 585.

The motion prevailed.

The House agreed to the title as amended.

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

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

Reps. Anthony, Birkholz, Bodem, Brown, Callahan, DeHart, DeVuyst, Frank, Gagliardi, Gilmer, Goschka, Green, Horton, Jansen, Jelinek, Jellema, Kaza, Law, Llewellyn, London, Lowe, Mans, McBryde, McManus, Middaugh, Middleton, Perricone, Prusi, Richner, Rocca, Tesanovich, Vaughn and Voorhees were named co-sponsors of the bill.

House Bill No. 4784, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," (MCL 500.100 to 500.8302) by adding section 2211.

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

Roll Call No. 53 Yeas--102

Agee Dobronski Johnson Perricone

Alley Emerson Kaza Price

Anthony Fitzgerald Kilpatrick Profit

Baade Frank Kukuk Prusi

Baird Freeman LaForge Quarles

Bankes Gagliardi Law Raczkowski

Basham Geiger Leland Rhead

Birkholz Gernaat LeTarte Richner

Bobier Gilmer Llewellyn Rison

Bodem Gire London Rocca

Bogardus Godchaux Lowe Schauer

Brackenridge Goschka Mans Schermesser

Brater Green Martinez Schroer

Brewer Griffin Mathieu Scott

Brown Gubow McBryde Sikkema

Byl Gustafson McManus Stallworth

Callahan Hale Middaugh Tesanovich

Cassis Hammerstrom Middleton Thomas

Cherry Hanley Murphy Vaughn

Ciaramitaro Harder Nye Voorhees

Crissman Hertel Olshove Walberg

Curtis Hood Owen Wallace

Dalman Horton Oxender Whyman

DeHart Jansen Palamara Willard

DeVuyst Jelinek Parks Wojno

Dobb Jellema

Nays--0

In The Chair: Hanley

The House agreed to the title of the bill.

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

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

Second Reading of Bills

Pending the Second Reading of

House Bill No. 4474, entitled

A bill to amend 1963 PA 181, entitled "Motor carrier safety act of 1963," by amending the title and sections 1a, 7, 7b, and 7c (MCL 480.11a, 480.17, 480.17b, and 480.17c), the title and sections 1a and 7 as amended and section 7c as added by 1995 PA 265 and section 7b as amended by 1990 PA 339.

Rep. Gagliardi moved that the bill be re-referred to the Committee on Transportation.

The motion prevailed.

______

Rep. Scranton entered the House Chambers.

Acting Speaker DeHart assumed the Chair.

House Bill No. 5365, entitled

A bill to amend 1996 PA 376, entitled "Michigan renaissance zone act," by amending section 10 (MCL 125.2690).

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

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

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

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

House Bill No. 5237, entitled

A bill to amend 1941 PA 207, entitled "Fire prevention code," by amending section 19 (MCL 29.19).

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

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

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

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

______

Rep. Cropsey entered the House Chambers.

Rep. Wetters entered the House Chambers.

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

The motion prevailed.

By unanimous consent the House returned to the order of

Motions and Resolutions

Reps. Owen and Mathieu offered the following resolution:

House Resolution No. 210.

A resolution to urge the Lottery Bureau to halt actions to disqualify political bingos.

Whereas, The use of bingo games as a means of raising money for certain purposes is recognized as a grass-roots tool that brings people together for a worthy purpose. For many years, bingo fund raisers have helped political candidates or groups supporting a political idea. Political bingos represent a valuable alternative to fund raising efforts predicated on the size of a contribution rather than the number of people supporting an idea or person; and

Whereas, In 1994, using bingo as a way to raise money for political candidates or ideas was prohibited under the provisions of 1994 PA 118. Within a few weeks of the measure's enactment, an organization of citizens commenced a signature gathering campaign to invoke the referendum under Michigan's constitution. Following considerable effort and various challenges, the Secretary of State ruled in February 1995 that the signatures were insufficient in number to invoke the referendum. A law suit was filed to challenge the ruling of the Secretary of State. In the same month (February 1995), the Secretary of State also ruled that political bingo is subject to regulation under both the state's lottery and campaign finance acts; and

Whereas, Following negotiations, a legislative compromise was reached to permit licensing for political bingos under campaign finance statutes. This act, 1995 PA 264, includes a fifty-dollar limit and various reporting requirements. In another bill, and apart from the compromise, language from the original act to ban political bingo (1994 PA 118) was enacted as part of 1995 PA 275. The citizens fighting the ban on political bingos filed suit immediately; and

Whereas, In February 1996, the Michigan Court of Appeals ruled 3-0 that the signatures submitted to invoke the referendum were valid and that 1994 PA 118 should have been suspended until the people decided on the question with their votes. A motion for dismissal was filed by the group seeking to ban political bingos. The Court of Appeals denied the motion and made specific reference to 1995 PA 275, saying the final decision must go before the voters. The Court of Appeals disagreed with the argument that 1995 PA 275 nullified the validity of efforts to decide the question of political bingos in a referendum; and

Whereas, At the November 1996 election, Michigan's electorate voted, by a substantial 1,936,198 to 1,511,063 margin, that 1994 PA 118 should not go into effect and should not become law; and

Whereas, In spite of the voters' decision in November 1996, the Lottery Bureau is issuing letters to disqualify political bingos, citing 1995 PA 275; and

Whereas, The voters of Michigan have clearly expressed their wishes to permit political bingos; now, therefore, be it

Resolved by the House of Representatives, That we urge the Lottery Bureau to halt actions to disqualify political bingos; and be it further

Resolved, That copies of this resolution be transmitted to the Lottery Bureau.

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

Rep. Hanley offered the following resolution:

House Resolution No. 211.

A resolution to memorialize the Congress of the United States to enact legislation to raise the cap on mortgage revenue bonds.

Whereas, Over the past quarter century, mortgage revenue bonds have helped many families in our state and across the country realize their goal of purchasing their first home. Mortgage revenue bonds help people of modest means gain a greater stake in their communities through home ownership. As many as 125,000 lower income families buy their first home each year through programs in the states financed with mortgage revenue bonds; and

Whereas, The cap on the amount of money the states can use for home ownership programs based on mortgage revenue bonds was last adjusted a decade ago. As a result, annual demand exceeds supply for mortgage revenue bond money by approximately $2 billion; and

Whereas, Mortgage revenue bonds help finance mortgages for buyers with nearly 80 percent of the national median income, with the average price of the homes also approximately 80 percent of average conventionally financed, first-time homes. The programs' requirements for income levels and the safeguards against abuse make this one of the most successful initiatives for home ownership in our country; and

Whereas, There are two bills currently before Congress that seek to raise the cap for mortgage revenue bonds. These bills, H.R. 979 and S. 1251, would amend the Internal Revenue Code to raise the cap. An important feature of the proposal is that this amount would be indexed to inflation, beginning in 1999. This is an approach that is long overdue; now, therefore, be it

Resolved by the House of Representatives, That we memorialize the Congress of the United States to enact legislation to raise the cap on mortgage revenue bonds; 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 Urban Policy and Economic Development.

Rep. Hanley offered the following resolution:

House Resolution No. 212.

A resolution to memorialize the Congress of the United States to enact legislation to increase the cap on low-income housing credits.

Whereas, Housing credits are the primary state-federal tool for making affordable rental housing available for low-income people. Since 1987, state agencies have allocated housing credits that have helped finance nearly 900,000 apartments for low-income families; and

Whereas, The cap on the amount of housing credits was set ten years ago. Over the past decade, less and less housing is becoming available. As a result of the impact of inflation, demand for this highly successful program exceeds supply by a three-to-one ratio; and

Whereas, The Congress of the United States is considering two bills that would rectify the problem of inadequate housing credits by adjusting the cap to reflect inflationary growth. These bills, H.R. 2990 and S. 1252, will reopen doors to more low-income housing. In Michigan, it is estimated that the legislation will result in enough credit authority to create another 1,000 units of much-needed housing. Another key to the bills is a provision to index the cap for housing credits to reflect inflationary change. This is an appropriate strategy to ensure the continuing availability of low-income housing; now, therefore, be it

Resolved by the House of Representatives, That we memorialize the Congress of the United States to enact legislation to increase the cap on low-income housing credits; and be it further

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

Reps. Owen and Mathieu offered the following concurrent resolution:

House Concurrent Resolution No. 85.

A concurrent resolution to urge the Lottery Bureau to halt actions to disqualify political bingos.

and various challenges, the Secretary of State ruled in February 1995 that the signatures were insufficient in number to invoke the referendum. A law suit was filed to challenge the ruling of the Secretary of State. In the same month (February 1995), the Secretary of State also ruled that political bingo is subject to regulation under both the state's lottery and campaign finance acts; and

Whereas, At the November 1996 election, Michigan's electorate voted, by a substantial 1,936,198 to 1,511,063 margin, that 1994 PA 118 should not go into effect and should not become law; and

Whereas, In spite of the voters' decision in November 1996, the Lottery Bureau is issuing letters to disqualify political bingos, citing 1995 PA 275; and

Whereas, The voters of Michigan have clearly expressed their wishes to permit political bingos; now, therefore, be it

Resolved by the House of Representatives (the Senate concurring), That we urge the Lottery Bureau to halt actions to disqualify political bingos; and be it further

Resolved, That copies of this resolution be transmitted to the Lottery Bureau.

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

Reports of Select Committees

Joint Committee on Administrative Rules

Certificates of Approval

Date: February 4, 1998

Subject: Trans. No. 97-65

I hereby certify that the Joint Committee on Administrative Rules approved the administrative rules from the Department of Treasury, pertaining to Michigan Education Trust, dated September 29, 1997.

Date: February 4, 1998

Subject: Trans. No. 98-02

I hereby certify that the Joint Committee on Administrative Rules approved the administrative rules from the Department of Agriculture, pertaining to Financial Programs Regulation Section--State Purse Supplements for Harness Horse Racing at Fairs and Licensed Pari-Mutuel Tracks (Regulation #812), dated December 16, 1997.

Date: February 4, 1998

Subject: Trans. No. 98-03

I hereby certify that the Joint Committee on Administrative Rules approved the rescission of the administrative rules from the Department of Treasury, pertaining to Revenue Division--Cigarette Tax, dated October 17, 1997.

Sincerely,

Senator Walter H. North

Chair

Reports of Standing Committees

The Committee on Public Retirement, by Rep. DeHart, Chair, reported

House Bill No. 4366, entitled

A bill to amend 1984 PA 427, entitled "Municipal employees retirement act of 1984," (MCL 38.1501 to 38.1555) by adding section 10b.

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 4366 To Report Out:

Yeas: Reps. DeHart, Brewer, Dobronski, Mans, Basham, Rhead, Dobb, Jelinek, LeTarte,

Nays: None.

The Committee on Public Retirement, by Rep. DeHart, Chair, reported

House Bill No. 4367, entitled

A bill to amend 1943 PA 240, entitled "State employees' retirement act," (MCL 38.1 to 38.69) by adding section 19g.

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 4367 To Report Out:

Yeas: Reps. DeHart, Brewer, Dobronski, Mans, Basham, Rhead, Dobb, Jelinek, LeTarte,

Nays: None.

The Committee on Public Retirement, by Rep. DeHart, Chair, reported

House Bill No. 4368, entitled

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

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 4368 To Report Out:

Yeas: Reps. DeHart, Brewer, Dobronski, Mans, Basham, Rhead, Dobb, Jelinek, LeTarte,

Nays: None.

The Committee on Public Retirement, by Rep. DeHart, Chair, reported

House Bill No. 4369, 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 12a (MCL 46.12a), as amended by 1996 PA 390.

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 4369 To Report Out:

Yeas: Reps. DeHart, Brewer, Dobronski, Mans, Basham, Rhead, Dobb, Jelinek, LeTarte,

Nays: None.

The Committee on Public Retirement, by Rep. DeHart, Chair, reported

House Bill No. 5534, entitled

A bill to amend 1957 PA 261, entitled "Michigan legislative retirement system act," by amending section 50a (MCL 38.1050a), as amended by 1994 PA 35.

With the recommendation that the bill pass.

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

Favorable Roll Call

HB 5534 To Report Out:

Yeas: Reps. DeHart, Brewer, Dobronski, Mans, Basham, Rhead, Dobb, Jelinek, LeTarte,

Nays: None.

The Committee on Public Retirement, by Rep. DeHart, Chair, reported

Senate Bill No. 38, entitled

A bill to regulate benefits provided to certain public employee retirement system participants in this state; and to prescribe powers and duties of certain retirement systems, state departments, public officials, and public employees.

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

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

Favorable Roll Call

SB 38 To Report Out:

Yeas: Reps. DeHart, Brewer, Dobronski, Mans, Basham, Rhead, Dobb, Jelinek, LeTarte,

Nays: None.

COMMITTEE ATTENDANCE REPORT

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

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

Present: Reps. DeHart, Brewer, Dobronski, Mans, Basham, Rhead, Dobb, Jelinek, LeTarte.

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

House Bill No. 5345, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 8401 (MCL 600.8401), as amended by 1991 PA 192.

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

1. Amend page 1, line 8, by striking out "January 1, 1998" and inserting "October 1, 1998".

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

Favorable Roll Call

HB 5345 To Report Out:

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

Nays: None.

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, February 10, 1998, at 9:00 a.m.,

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

Absent: Rep. Vaughn,

Excused: Rep. Vaughn.

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Anthony, Chair of the Committee on Forestry and Mineral Rights, was received and read:

Meeting held on: Tuesday, February 10, 1998, at 10:30 a.m.,

Present: Reps. Anthony, Callahan, Alley, Bogardus, Brater, Middleton, DeVuyst, Gernaat, Lowe.

Messages from the Senate

House Bill No. 5058, entitled

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

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

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

A bill to amend 1996 PA 202, entitled "An act to authorize the state administrative board to convey certain state owned property in Kalkaska county; to prescribe conditions for the conveyance; and to provide for disposition of the revenue derived from the conveyance," by amending the title and by adding sections 5 and 6.

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

House Bill No. 5220, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 8112 (MCL 600.8112).

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

The Senate has passed the bill as substituted (S-1), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

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

House Bill No. 5279, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 8126 (MCL 600.8126).

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

The Senate has passed the bill as substituted (S-1), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

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

House Bill No. 5300, entitled

A bill to amend 1996 PA 522, entitled "The Michigan biologic products institute transfer act," by amending the title and sections 3 and 5 (MCL 333.26333 and 333.26335) and by adding sections 3a and 3b.

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

The Senate has passed the bill as substituted (S-1), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

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

Announcement by the Clerk of Printing and Enrollment

The Clerk announced that the following bill had been printed and placed upon the files of the members, Thursday, February 5:

Senate Bill No. 859

The Clerk announced the enrollment printing and presentation to the Governor on Friday, February 6, for his approval of the following bill:

Enrolled House Bill No. 5120 at 11:38 a.m.

The Clerk announced that the following bills had been printed and placed upon the files of the members, Monday, February 9:

House Bill Nos. 5528 5529 5530 5531 5532 5533 5535 5536 5537 5538 5539 5540 5541 5542 5543 5544 5545 5546 5547

The Clerk announced that the following Senate bills had been received on Tuesday, February 10:

Senate Bill Nos. 555 556 557 558 559 560 561 562 563 564 747 805 808 834

Messages from the Governor

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

Date: February 6, 1998

Time: 11:00 a.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5084 (Public Act No. 5, I.E.), being

An act to amend 1990 PA 345, entitled "An act to create a state survey and remonumentation commission and to prescribe its powers and duties; to provide for the appointment of an executive director; to provide for a contract for the services of a state geodetic advisor; to create the state survey and remonumentation fund and to provide for its use; to coordinate and implement the monumentation and remonumentation of property controlling corners in this state and coordinate the establishment of geographic information systems; and to provide for certain powers and duties of certain state and local officers and agencies,'' by amending sections 2, 6, 8, and 12 (MCL 54.262, 54.266, 54.268, and 54.272).

(Filed with the Secretary of State February 6, 1998, at 3:05 p.m.)

Date: February 6, 1998

Time: 11:20 a.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 4146 (Public Act No. 7, I.E.), being

An act to amend 1982 PA 455, entitled "An act to provide for the confidentiality of certain library records; and to provide for the selection and use of library materials," by amending section 2 (MCL 397.602).

(Filed with the Secretary of State February 6, 1998, at 3:09 p.m.)

Communications from State Officers

The following communication from the Michigan Higher Education Assistance Authority and the Michigan Higher Education Student Loan Authority was received and read:

January 29, 1998

Public Act 77 of 1960, as amended, requires that the Michigan Higher Education Assistance authority submit an annual report to the Governor and the Legislature. We are pleased to transmit to you the Annual Report for 1995-96 of both the Michigan Higher Education Assistance Authority and the Michigan Higher Education Student Loan Authority.

Sincerely,

Douglas B. Roberts

State Treasurer

H. Jack Nelson

Executive Director

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

February 6, 1998

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

Performance Audit of the

Year 2000 Issues for Information Systems

Year 2000 Project Office

Department of Management and Budget

February 1998

February 6, 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 State

October 1, 1994 through September 30, 1996

February 9, 1998

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

Financial Related Audit of the

Use of Transportation-Related Funding by the

Departments of State, State Police, Treasury,

Management and Budget, Civil Service, Attorney General,

Environmental Quality, Consumer and Industry Services,

Natural Resources, Transportation, and the Office of the

Auditor General

October 1, 1995 through September 30, 1996

Sincerely,

Thomas H. McTavish, C.P.A.

Auditor General

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

Introduction of Bills

Rep. McNutt introduced

House Bill No. 5548, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 217, 217c, 217f, 218, 220, 222, 230, 248, 248c, 248f, and 806 (MCL 257.217, 257.217c, 257.217f, 257.218, 257.220, 257.222, 257.230, 257.248, 257.248c, 257.248f, and 257.806), section 217 as amended by 1996 PA 59, sections 217c, 217f, 222, 248, and 248c as amended and section 248f as added by 1993 PA 300, section 218 as amended by 1983 PA 242, and section 806 as amended by 1995 PA 267, and by adding sections 1d, 23b, and 49a; and to repeal acts and parts of acts.

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

Reps. Hale, Wallace, Parks, Varga, Schermesser, Scott, Quarles, Rison, Bogardus, LaForge, Hanley, Murphy, Price, Tesanovich, Martinez, Thomas, Agee, DeHart, Gubow, Vaughn, McBryde, Hood, Stallworth, Schroer, Palamara, Kilpatrick, Schauer, Profit, Cherry and Leland introduced

House Bill No. 5549, entitled

A bill to amend 1976 PA 453, entitled "Elliott-Larsen civil rights act," (MCL 37.2101 to 37.2804) by adding section 701a.

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

Reps. Gagliardi, Profit, Scott, Prusi, Basham, Bogardus, Anthony, Baade, Tesanovich, Schauer, Bodem, Kukuk, Schermesser, McBryde, Hood, Voorhees, Ciaramitaro, Wojno, Cropsey, DeHart, Parks, Richner, Cherry, Mans, Goschka and Perricone introduced

House Bill No. 5550, entitled

A bill to amend 1911 PA 235, entitled "An act to provide for the payment and reimbursement by counties, in certain cases upon application therefor, of expenses incurred in the burial of the bodies of honorably discharged members of the armed forces of the United States, or their spouses, and to repeal certain acts or parts of acts," by amending section 1 (MCL 35.801).

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

Reps. Cropsey, Profit, Curtis, Wetters, McNutt, DeHart, Llewellyn, Middaugh, Lowe, Nye, McBryde, Gernaat, Horton, Middleton, Kukuk, Schauer, Walberg, Wojno, Kaza, Frank, Jelinek, London, Rocca, Dalman, Prusi, Gustafson, Alley, Birkholz, Tesanovich, Hammerstrom, Jellema, Law, DeVuyst, Jansen, Sikkema, McManus, Dobb, Leland, Rhead, Whyman, Owen, Crissman, Galloway, Baade, Cassis, Bodem, Green, Goschka, Voorhees, Varga, Perricone, Callahan, Oxender, Vaughn, Basham, Harder, Olshove, Schermesser and Mans introduced

House Bill No. 5551, entitled

A bill to amend 1927 PA 372, entitled "An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms and gas ejecting devices; to prohibit the buying, selling, or carrying of certain firearms and gas ejecting devices without a license; to provide for the forfeiture of firearms possessed in violation of this act; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; and to repeal all acts and parts of acts inconsistent with the provisions of this act," by amending the title and sections 8 and 12a (MCL 28.428 and 28.432a), the title as amended by 1990 PA 320, and by adding sections 1a, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5h, 5i, 5n, and 5o; and to repeal acts and parts of acts.