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

 

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

 

 

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--present

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--present

Gubow--present

Gustafson--present

Hale--present

Hammerstrom--present

Hanley--present

Harder--present

Hertel--present

Hood--present

Horton--present

Jansen--present

Jaye--present

Jelinek--present

Jellema--present

Johnson--present

Kaza--present

Kelly--present

Kilpatrick--present

Kukuk--present

LaForge--present

Law--present

Leland--present

LeTarte--present

Llewellyn--present

London--present

Lowe--present

Mans--excused

Martinez--present

Mathieu--present

McBryde--present

McManus--present

McNutt--present

Middaugh--present

Middleton--present

Murphy--present

Nye--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--e/d/s

Schroer--present

Scott--present

Scranton--present

Sikkema--present

Stallworth--absent

Tesanovich--present

Thomas--present

Varga--excused

Vaughn--excused

Voorhees--present

Walberg--present

Wallace--excused

Wetters--present

Whyman--present

Willard--present

Wojno--present

 

 

e/d/s = entered during session

Rep. David Anthony, from the 108th District, offered the following invocation:

 

"Dear Lord, our eternal light, look upon this gathering and grant that all who serve here may be guided by Your spirit of love and compassion. Be high in purpose, wise in counsel, firm in resolution and unwavering in our duty to the citizens of this great state. Let us not forget that we are here to preserve the freedoms for all people. Guide us today, and each day we gather so that we can make a positive difference in the lives of those we serve. We ask this in Your name, Amen."

 

 

 

 

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

The motion prevailed.

 

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

The motion prevailed.

 

 

 

 

The Speaker laid before the House

House Bill No. 4221, entitled

A bill to amend 1954 PA 116, entitled "Michigan election law," by amending sections 558, 799a, and 803 (MCL 168.558, 168.799a, and 168.803), section 558 as amended by 1996 PA 583, section 799a as amended by 1992 PA 8, and section 803 as amended by 1985 PA 160.

(The bill was received from the Senate on October 23, with substitute (S-2), title amendment and immediate effect given by the Senate, consideration of which, under the rules, was postponed until October 28, see House Journal No. 83, p. 2203.)

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

The substitute (S-2) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

 

 

Roll Call No. 885 Yeas--102

 

 

Dobb Jelinek

 

 

Nays--0

 

 

In The Chair: Murphy

 

 

The House agreed to the title as amended.

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

 

 

 

 

House Bill No. 5096, entitled

A bill to amend 1964 PA 208, entitled "An act to grant scholarships to students enrolled in postsecondary education institutions; and to provide for the administration of the scholarship program," by amending section 3 (MCL 390.973), as amended by 1980 PA 500.

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

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

Rep. Dalman 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. Martinez moved to reconsider the vote by which the House placed the bill on the order of Third Reading of Bills.

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

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

The motion prevailed.

 

By unanimous consent the House returned to the order of

 

 

The Committee on Education, by Rep. Gire, Chair, reported

House Bill No. 4828, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 1204a (MCL 380.1204a), as amended by 1996 PA 159, and by adding section 1204b.

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.

 

 

 

HB 4828 To Report Out:

Yeas: Reps. Gire, Bogardus, Agee, Brown, Cherry, Curtis, LaForge, Schauer, Scott, Dalman, Crissman, Cropsey, Jelinek, LeTarte, Middleton,

Nays: None.

 

 

 

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

Meeting held on: Wednesday, October 29, 1997, at 12:00 Noon,

Present: Reps. Gire, Bogardus, Agee, Brown, Cherry, Curtis, LaForge, Schauer, Scott, Dalman, Crissman, Cropsey, Jelinek, LeTarte, McNutt, Middleton,

Absent: Rep. Kilpatrick.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Roll Call No. 886 Yeas--102

 

 

Dobb Jaye

 

 

Nays--0

 

 

In The Chair: Murphy

 

 

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.

 

 

 

 

House Bill No. 4757, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," (MCL 500.100 to 500.8302) by adding section 2111a.

Was read a second time, and the question being on the adoption of the proposed amendments previously recommended by the Committee on Insurance (for amendments, see House Journal No. 43, p. 921),

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

Rep. Leland moved to amend the bill as follows:

1. Amend page 1, line 4, after "TO" by striking out the balance of the sentence and inserting "SECTION 710E OF THE MICHIGAN VEHICLE CODE, 1949 PA 300, MCL 257.710E.".

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

Rep. Gustafson moved to amend the bill as follows:

1. Amend page 1, line 5, after "257.710E." by inserting "AN AUTOMOBILE INSURER SHALL NOT USE A FIRST SEAT BELT VIOLATION RESULTING IN A WRITTEN WARNING UNDER SECTION 710E(5) OF THE MICHIGAN VEHICLE CODE, 1949 PA 300, MCL 257.710E(5) TO INCREASE A PERSON'S AUTOMOBILE INSURANCE PREMIUM.".

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

Rep. Gustafson demanded the yeas and nays.

The demand was supported.

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

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

The motion prevailed.

 

 

 

 

Rep. Schermesser entered the House Chambers.

 

 

House Bill No. 4264, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 411i (MCL 750.411i), as added by 1992 PA 261.

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

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

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

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

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

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

 

By unanimous consent the House returned to the order of

 

 

House Bill No. 4264, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 411i (MCL 750.411i), as added by 1992 PA 261.

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

 

 

Roll Call No. 887 Yeas--103

 

 

 

 

Nays--0

 

 

In The Chair: Murphy

 

 

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

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

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 411i (MCL 750.411i), as amended by 1997 PA 65.

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. Agee, Alley, Baade, Bankes, Birkholz, Bodem, Brackenridge, Brater, Brewer, Brown, Cassis, Ciaramitaro, Crissman, Dalman, Dobb, Frank, Freeman, Godchaux, Harder, Hood, Horton, Jansen, Jelinek, Jellema, Kelly, Kukuk, Law, Llewellyn, London, McManus, Middaugh, Middleton, Murphy, Parks, Price, Profit, Richner, Rocca, Schermesser, Scott, Scranton, Sikkema, Tesanovich, Thomas, Voorhees, Willard and Wojno were named co-sponsors of the bill.

 

 

 

 

The House returned to the consideration of

House Bill No. 4757, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," (MCL 500.100 to 500.8302) by adding section 2111a.

(The bill was considered earlier today, see today's Journal, p. 2245.)

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

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

 

 

Roll Call No. 888 Yeas--101

 

 

 

 

 

 

 

 

 

 

2. Amend page 1, line 9, after "(4)" by striking out "A" and inserting "EXCEPT AS PROVIDED IN SUBSECTION (5), A".

3. Amend page 1, line 9, after "person" by striking out "LESS THAN 21 YEARS OF AGE".

4. Amend page 2, following line 12, by inserting:

"(5) A PERSON WHO OPERATES OR RIDES ON A MOTORCYCLE SHALL WEAR A CRASH HELMET ON HIS OR HER HEAD UNLESS HE OR SHE DISPLAYS UPON DEMAND A MOTORCYCLE ENDORSEMENT INDICATING THAT HE OR SHE IS NOT REQUIRED TO WEAR A HELMET." and renumbering the remaining subsection.

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

Rep. Callahan moved to amend the bill as follows:

1. Amend page 2, following line 14, by inserting:

"(6) A PERSON WHO IS 21 YEARS OF AGE OR OLDER WHO OWNS OR REGISTERS A MOTORCYCLE SHALL MAINTAIN THE SAME SECURITY FOR PAYMENT OF BENEFITS UNDER PERSONAL PROTECTION INSURANCE, PROPERTY PROTECTION INSURANCE, AND RESIDUAL LIABILITY INSURANCE AS IS REQUIRED FOR OWNERS AND REGISTRANTS OF MOTOR VEHICLES UNDER THE INSURANCE CODE OF 1956, 1956 PA 218, MCL 500.100 TO 500.8302.

(7) AN OWNER OR REGISTRANT OF A MOTORCYCLE SHALL NOT OPERATE OR ALLOW ANOTHER PERSON TO OPERATE ON A HIGHWAY A MOTORCYCLE THAT HE OR SHE OWNS OR HAS REGISTERED THAT IS NOT INSURED AS REQUIRED UNDER SUBSECTION (6). A PERSON SHALL NOT OPERATE ON A HIGHWAY A MOTORCYCLE THAT HE OR SHE KNOWS IS NOT INSURED AS REQUIRED IN SUBSECTION (6). A PERSON WHO VIOLATES THIS SUBSECTION IS GUILTY OF A MISDEMEANOR AND SHALL BE FINED NOT MORE THAN $1,000.00 AND SHALL HAVE 1 POINT ENTERED ON HIS OR HER DRIVING RECORD BY THE SECRETARY OF STATE.

(8) NOTWITHSTANDING THE INSURANCE CODE OF 1956, 1956 PA 218, MCL 500.100 TO 500.8302, AN AUTOMOBILE INSURER MAY CHARGE A DIFFERENT RATE FOR A MOTORCYCLIST WHO DOES NOT AGREE TO WEAR A CRASH HELMET. THE RATES CHARGED SHALL BE BASED ON ACTUARIAL DATA.".

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

Rep. Walberg moved to reconsider the vote by which the House adopted the amendment.

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

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

Rep. Ciaramitaro moved that consideration of the amendment be postponed temporarily.

The motion prevailed.

Rep. Richner moved to amend the bill as follows:

1. Amend page 1, line 9, after "IN" by striking out "SUBSECTION (5)" and inserting "SUBSECTIONS (5) AND (6)".

2. Amend page 2, following line 12, by inserting:

"(6) A PERSON WHO IS 21 YEARS OF AGE OR OLDER WHO MEETS BOTH OF THE FOLLOWING REQUIREMENTS IS NOT REQUIRED TO WEAR A CRASH HELMET ON HIS OR HER HEAD WHILE OPERATING OR RIDING ON A MOTORCYCLE:

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

Rep. Geiger moved to amend the bill as follows:

1. Amend page 2, following line 14, by inserting:

"Enacting section 1. The amendatory act that added the age 21 requirement to section 658 shall not have effect after December 31, 2002.".

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Roll Call No. 890 Yeas--13

 

 

Green

 

 

Nays--84

 

 

 

 

In The Chair: Murphy

 

 

The question being on the passage of the bill,

After debate,

Rep. Gagliardi demanded the previous question.

The demand was supported.

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

The previous question was ordered.

The question being on the passage of the bill,

The bill was then passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

 

 

Roll Call No. 891 Yeas--66

 

 

Curtis Harder

 

 

Nays--37

 

 

Gilmer

 

 

In The Chair: Murphy

 

 

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

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

A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 1204a (MCL 380.1204a), as amended by 1996 PA 159, and by adding section 1279g.

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.

 

 

 

 

The Speaker assumed the Chair.

 

 

 

 

The House returned to the consideration of

House Bill No. 5096, entitled

A bill to amend 1964 PA 208, entitled "An act to grant scholarships to students enrolled in postsecondary education institutions; and to provide for the administration of the scholarship program," by amending section 3 (MCL 390.973), as amended by 1980 PA 500.

(The bill was considered earlier today, see today's Journal, p. 2244.)

Reps. Raczkowski and Horton moved to amend the bill as follows:

1. Amend page 2, line 16, after "(2)" by inserting "FOR NONPUBLIC SCHOOL STUDENTS AND".

The question being on the adoption of the amendment offered by Reps. Raczkowski and Horton,

Rep. Raczkowski demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendment offered by Reps. Raczkowski and Horton,

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

 

 

Roll Call No. 892 Yeas--33

 

 

Gustafson

 

 

Nays--69

 

 

Ciaramitaro

 

 

In The Chair: Hertel

 

 

Reps. Raczkowski and Horton moved to amend the bill as follows:

1. Amend page 2, line 16, after "(2)" by inserting "FOR HOME SCHOOLED STUDENTS AND".

The question being on the adoption of the amendment offered by Reps. Raczkowski and Horton,

Rep. Raczkowski demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendment offered by Reps. Raczkowski and Horton,

After debate,

Rep. Agee demanded the previous question.

The demand was supported.

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

The previous question was ordered.

The question being on the adoption of the amendment offered by Reps. Raczkowski and Horton,

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

Roll Call No. 893 Yeas--40

 

 

 

 

Nays--60

 

 

 

 

In The Chair: Hertel

 

 

Rep. Cropsey moved to amend the bill as follows:

1. Amend page 2, line 18, after "SCHOLARSHIPS." by inserting "THE DEPARTMENT SHALL WAIVE THE ELIGIBILITY REQUIREMENT DESCRIBED IN SUBSECTION (2) IF THE ASSESSMENT INSTRUMENT IS DETERMINED TO BE LESS THAN 100% RELIABLE OR LESS THAN 100% VALID.".

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

Rep. Cropsey demanded the yeas and nays.

The demand was supported.

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

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

 

 

Roll Call No. 894 Yeas--34

 

 

Green Lowe

 

 

Nays--65

 

 

Crissman

 

 

In The Chair: Hertel

 

 

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

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

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

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

 

By unanimous consent the House returned to the order of

 

 

House Bill No. 5096, entitled

A bill to amend 1964 PA 208, entitled "An act to grant scholarships to students enrolled in postsecondary education institutions; and to provide for the administration of the scholarship program," by amending section 3 (MCL 390.973), as amended by 1980 PA 500.

The bill was read a third time.

The question being on the passage of the bill,

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

The motion prevailed.

 

 

The House returned to the consideration of

House Bill No. 4284, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 658 (MCL 257.658), as amended by 1984 PA 328.

(The bill was considered earlier today, see today's Journal, p. 2250.)

The question being on the passage of the bill,

Rep. Gagliardi moved to reconsider the vote by which the House placed the bill on the order of Third Reading of Bills.

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

 

 

House Bill No. 4284, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 658 (MCL 257.658), as amended by 1984 PA 328.

Rep. Gagliardi moved to suspend Rule 67.

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

Rep. Gagliardi moved to reconsider the vote by which the House adopted the amendment offered previously by Rep. Callahan.

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

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

Rep. Callahan withdrew the amendment.

Rep. Horton moved to amend the bill as follows:

1. Amend page 1, line 9, after "IN" by striking out "SUBSECTION (5)" and inserting "SUBSECTIONS (5) AND (6)".

2. Amend page 2, following line 12, by inserting:

"(6) A PERSON WHO IS 21 YEARS OF AGE OR OLDER WHO MEETS EITHER OF THE FOLLOWING REQUIREMENTS IS NOT REQUIRED TO WEAR A CRASH HELMET ON HIS OR HER HEAD WHILE OPERATING OR RIDING ON A MOTORCYCLE:

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

Reps. Callahan, Ciaramitaro and Walberg moved to amend the bill as follows:

1. Amend page 2, following line 14, following enacting section 1, by inserting:

"Enacting section 2. This amendatory act shall not take affect unless the Insurance Code of 1956, 1956 PA 218, MCL 500.100 to 500.8302 is amended to require motorcyclists to be insured and to provide that motorcyclists may be charged a different insurance premium based upon whether a motorcyclist uses a crash helmet approved by the department of state police.".

Rep. Callahan moved that consideration of the amendment be postponed temporarily.

The motion prevailed.

 

 

 

 

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

The motion prevailed.

 

Rep. Gagliardi moved that when the House adjourns today it stand adjourned until Tuesday, November 4, at 2:00 p.m.

The motion prevailed.

 

By unanimous consent the House returned to the order of

 

 

Reps. Jellema, Hanley, Byl, Horton, Lowe, DeVuyst, Green, Kukuk, McNutt, Geiger, Llewellyn, Perricone, Scranton, Gilmer, Rocca, McBryde, Voorhees, Richner, Jansen, Cassis, Jelinek, Goschka, Rhead, Hammerstrom, DeHart, Bodem, Middleton, Birkholz, Schauer and Cropsey offered the following resolution:

House Resolution No. 163.

A resolution to urge the Natural Resources Commission to establish a pilot project to permit deer hunting, including the hunting of antlerless deer, with a firearm from a raised platform.

Whereas, Changes in technology, Michigan's deer population, and other conditions have required wildlife management practices to remain flexible; and

Whereas, In recent years, Michigan's deer population has increased significantly in certain regions of the state. This has caused an increase in motor vehicle accidents involving deer and an increase in damage to crops and forest land; and

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

HB 4873 To Report Out:

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

Nays: None.

The recommendation was concurred in and the bill was referred to the Committee on Forestry and Mineral Rights.

 

 

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

House Bill No. 5066, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 2104 (MCL 324.2104), as added by 1995 PA 60.

With the recommendation that the bill pass.

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

 

 

 

HB 5066 To Report Out:

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

Nays: None.

 

 

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

Senate Bill No. 642, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 5502 (MCL 324.5502), as amended by 1995 PA 227.

With the recommendation that the bill pass.

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

 

 

 

SB 642 To Report Out:

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

Nays: None.

 

 

 

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

Meeting held on: Wednesday, October 29, 1997, at 10:30 a.m.,

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

 

 

The Committee on Commerce, by Rep. Griffin, Chair, reported

House Bill No. 4640, entitled

A bill to amend 1915 PA 312, entitled "An act to establish, protect and enforce by lien the rights of garage keepers who furnish labor or material for storing, repairing, maintaining, keeping or otherwise supplying automobiles or other vehicles," by amending sections 1, 2, and 3 (MCL 570.301, 570.302, and 570.303), sections 1 and 2 as amended by 1990 PA 58, and by adding sections 4, 5, 6, and 7; and to repeal acts and parts of acts.

With the recommendation that the substitute (H-4)* be adopted and that the bill then pass.

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

 

HB 4640 To Report Out:

Yeas: Reps. Griffin, Alley, Callahan, Mans, Murphy, Olshove, Schermesser, Gernaat, Kaza, Kukuk, Rhead, Walberg,

Nays: None.

 

 

The Committee on Commerce, by Rep. Griffin, Chair, reported

House Bill No. 4975, 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," (MCL 534.601 to 554.616) by adding section 1b.

With the recommendation that the substitute (H-5) be adopted and that the bill then pass.

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

 

 

 

HB 4975 To Report Out:

Yeas: Reps. Griffin, Alley, Callahan, Mans, Murphy, Schermesser, Gernaat, Kukuk, Rhead, Walberg,

Nays: None.

 

 

The Committee on Commerce, by Rep. Griffin, Chair, reported

Senate Bill No. 664, entitled

A bill to amend 1943 PA 20, entitled "An act relative to the investment of surplus funds of political subdivisions of the state; and to validate certain investments," by amending the title and sections 1 and 3 (MCL 129.91 and 129.93), the title as amended by 1988 PA 285 and section 1 as amended by 1997 PA 44, and by adding sections 5 and 6; and to repeal acts and parts of acts.

The committee recommended that the bill be referred to the Committee on Local Government.

 

 

 

SB 664 To Report Out:

Yeas: Reps. Griffin, Alley, Callahan, Mans, Murphy, Schermesser, Gernaat, Kukuk, Walberg,

Nays: None.

The recommendation was concurred in and the bill was referred to the Committee on Local Government.

 

 

 

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

Meeting held on: Wednesday, October 29, 1997, at 9:00 a.m.,

Present: Reps. Griffin, Alley, Callahan, Mans, Murphy, Olshove, Schermesser, Gernaat, Kaza, Kukuk, Rhead, Richner, Walberg,

Absent: Reps. Thomas, Palamara, Varga, Jaye,

Excused: Reps. Thomas, Palamara, Varga, Jaye.

 

 

The Committee on Senior Citizens and Veterans Affairs, by Rep. Willard, Chair, reported

House Bill No. 5115, entitled

A bill to amend 1867 PA 83, entitled "An act to authorize and require county clerks to record the discharges of members of the armed forces of the United States; and to limit the disclosure of those discharge records," by amending section 2 (MCL 35.32).

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.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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

Meeting held on: Thursday, October 30, 1997, at 8:30 a.m.,

Present: Reps. Freeman, Callahan, DeHart, Galloway, Jaye, Perricone,

Absent: Reps. Mans, Agee, Nye,

Excused: Reps. Mans, Agee, Nye.

 

 

 

 

Senate Bill No. 280, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 7401 and 7403 (MCL 333.7401 and 333.7403), as amended by 1996 PA 249.

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. 281, entitled

A bill to amend 1953 PA 232, entitled "An act to revise, consolidate, and codify the laws relating to probationers and probation officers, to pardons, reprieves, commutations, and paroles, to the administration of correctional institutions, correctional farms, and probation recovery camps, to prisoner labor and correctional industries, and to the supervision and inspection of local jails and houses of correction; to provide for the siting of correctional facilities; to create a state department of corrections, and to prescribe its powers and duties; to provide for the transfer to and vesting in said department of powers and duties vested by law in certain other state boards, commissions, and officers, and to abolish certain boards, commissions, and offices the powers and duties of which are transferred by this act; to prescribe the powers and duties of certain other state departments and agencies; to provide for the creation of a local lockup advisory board; to prescribe penalties for the violation of the provisions of this act; to make certain appropriations; to repeal certain parts of this act on specific dates; and to repeal all acts and parts of acts inconsistent with the provisions of this act," by amending sections 34 and 36 (MCL 791.234 and 791.236), section 34 as amended by 1994 PA 345 and section 36 as amended by 1996 PA 554.

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. 299, entitled

A bill to amend 1962 PA 174, entitled "Uniform commercial code," by amending sections 1105, 1206, 4104, 5114, 8101, 8102, 8103, 8104, 8105, 8106, 8107, 8108, 8201, 8202, 8203, 8204, 8205, 8206, 8207, 8208, 8301, 8302, 8303, 8304, 8305, 8306, 8307, 8401, 8402, 8403, 8404, 8405, 8406, 8407, 9103, 9105, 9106, 9203, 9301, 9302, 9303, 9304, 9305, 9306, 9309, 9312, and 9994 (MCL 440.1105, 440.1206, 440.4104, 440.5114, 440.8101, 440.8102, 440.8103, 440.8104, 440.8105, 440.8106, 440.8107, 440.8108, 440.8201, 440.8202, 440.8203, 440.8204, 440.8205, 440.8206, 440.8207, 440.8208, 440.8301, 440.8302, 440.8303, 440.8304, 440.8305, 440.8306, 440.8307, 440.8401, 440.8402, 440.8403, 440.8404, 440.8405, 440.8406, 440.8407, 440.9103, 440.9105, 440.9106, 440.9203, 440.9301, 440.9302, 440.9303, 440.9304, 440.9305, 440.9306, 440.9309, 440.9312, and 440.9994), section 1105 as amended by 1992 PA 101, section 4104 as amended by 1993 PA 130, sections 5114, 8102, 8103, 8104, 8105, 8106, 8107, 8201, 8202, 8203, 8204, 8205, 8206, 8207, 8208, 8301, 8302, 8304, 8305, 8306, 8307, 8401, 8402, 8403, 8404, 8405, 8406, 9103, 9203, 9304, 9305, 9309, and 9312 as amended and sections 8108 and 8407 as added by 1987 PA 16, section 9105 as amended by 1988 PA 130, section 9301 as amended by 1984 PA 170, and section 9302 as amended by 1996 PA 72, and by adding sections 8109, 8110, 8111, 8112, 8113, 8114, 8115, 8116, 8210, 8501, 8502, 8503, 8504, 8505, 8506, 8507, 8508, 8509, 8510, 8511, 8601, 9115, and 9116; and to repeal acts and parts of acts.

The Senate has passed the bill.

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

 

 

Senate Bill No. 502, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 2912a (MCL 600.2912a), as amended by 1993 PA 78.

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. 742, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 63101 (MCL 324.63101), as added by 1995 PA 57, and by adding sections 63103a, 63103b, 63103c, 63103d, and 63103e.

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.

 

 

 

 

Reps. Godchaux, Martinez, Gire, Kukuk, Richner, Scranton, DeHart, Hale, Gilmer, McBryde, Birkholz, Scott, Schauer, Price, Goschka, LaForge, Fitzgerald, DeVuyst, Hammerstrom, Law, Crissman, Bogardus, Rocca, Llewellyn, Perricone and Raczkowski introduced

House Bill No. 5323, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending section 2813 (MCL 333.2813).

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

 

 

Rep. Scranton introduced

House Bill No. 5324, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," (MCL 257.1 to 257.923) by adding section 629f.

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

 

 

Reps. Geiger, LeTarte, Lowe, Cropsey, Walberg, Green, McManus, Llewellyn, Richner, Birkholz, Jellema, DeVuyst, Horton and Gernaat introduced

House Bill No. 5325, 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 5 (MCL 722.115), as amended by 1995 PA 81.

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

 

 

Reps. Geiger, LeTarte, Lowe, Cropsey, Walberg, Green, McManus, Llewellyn, Richner, Birkholz, Jellema, DeVuyst, Horton and Gernaat introduced

House Bill No. 5326, entitled

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

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

 

 

Reps. Richner, Baird, Kaza, Horton, Jellema, Birkholz, Scranton, Dalman, Thomas and Raczkowski introduced

House Bill No. 5327, entitled

A bill to amend 1962 PA 174, entitled "Uniform commercial code," by amending sections 5101, 5102, 5103, 5104, 5105, 5106, 5107, 5108, 5109, 5110, 5111, 5112, 5113, 5114, 5115, 5116, and 5117 (MCL 440.5101, 440.5102, 440.5103, 440.5104, 440.5105, 440.5106, 440.5107, 440.5108, 440.5109, 440.5110, 440.5111, 440.5112, 440.5113, 440.5114, 440.5115, 440.5116, and 440.5117), section 5114 as amended by 1987 PA 16.

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

 

 

Reps. Leland, Hale, Law and Kelly introduced

House Bill No. 5328, 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 5 (MCL 722.115), as amended by 1995 PA 81, and by adding section 5b.

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

Reps. Leland, Hale, Law and Kelly introduced

House Bill No. 5329, entitled

A bill to amend 1974 PA 150, entitled "Youth rehabilitation services act," by amending the title and sections 2, 3, 4, 5, 6, 6a, 7, 7a, and 8 (MCL 803.302, 803.303, 803.304, 803.305, 803.306, 803.306a, 803.307, 803.307a, and 803.308), the title as amended and section 7a as added by 1996 PA 512, sections 2, 5, and 7 as amended by 1996 PA 417, section 4 as amended by 1988 PA 76, and section 6a as added by 1996 PA 481, and by adding section 2a.

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

 

 

Reps. Leland, Hale, Law and Kelly introduced

House Bill No. 5330, entitled

A bill to amend 1980 PA 243, entitled "Emergency municipal loan act," by amending sections 2, 3, 4, 6, 7, and 8 (MCL 141.932, 141.933, 141.934, 141.936, 141.937, and 141.938), sections 2 and 3 as amended by 1987 PA 282, sections 4, 7, and 8 as amended by 1986 PA 6, and section 6 as amended by 1988 PA 198.

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

 

 

Reps. Bankes, Law, Leland, Hale and Kelly introduced

House Bill No. 5331, entitled

A bill to amend 1985 PA 87, entitled "Crime victim's rights act," by amending sections 2, 6, 13a, 20a, 31, 36, 41a, and 48 (MCL 780.752, 780.756, 780.763a, 780.770a, 780.781, 780.786, 780.791a, and 780.798), sections 2, 6, and 36 as amended and sections 13a, 20a, and 41a as added by 1993 PA 341, section 31 as amended by 1996 PA 82, and section 48 as amended by 1996 PA 105.

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

 

 

Reps. Bankes, Law, Leland, Hale and Kelly introduced

House Bill No. 5332, entitled

A bill to allow counties to authorize acceptance of certain juveniles committed to their care and responsibility; to prescribe the procedure and effect of that authorization; and to prescribe powers and duties of those counties.

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

 

 

Reps. Bankes, Law, Leland, Hale and Kelly introduced

House Bill No. 5333, entitled

A bill to amend 1939 PA 280, entitled "The social welfare act," by amending sections 55, 116, 117a, and 117c (MCL 400.55, 400.116, 400.117a, and 400.117c), section 55 as amended by 1987 PA 266, section 117a as amended by 1988 PA 75, and section 117c as amended by 1988 PA 223, and by adding sections 117g and 117h.

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

 

 

Reps. Kelly, Hale, Leland and Law introduced

House Bill No. 5334, entitled

A bill to amend 1939 PA 288, entitled "An act to revise and consolidate the statutes relating to certain aspects of the organization and jurisdiction of the probate court of this state, the powers and duties of such court and the judges and other officers thereof, certain aspects of the statutes of descent and distribution of property, and the statutes governing the change of name of adults and children, the adoption of adults and children, and the jurisdiction of the juvenile division of the probate court; to prescribe the powers and duties of the juvenile division of the probate court, and the judges and other officers thereof; to prescribe the manner and time within which actions and proceedings may be brought in the juvenile division of the probate court; to prescribe pleading, evidence, practice, and procedure in actions and proceedings in the juvenile division of the probate court; to provide for appeals from the juvenile division of the probate court; to prescribe the powers and duties of certain state departments, agencies, and officers; and to provide remedies and penalties for the violation of this act," by amending sections 1, 2, 2d, 8, 11, 16, 18, 18k, 25, and 28 of chapter XIIA (MCL 712A.1, 712A.2, 712A.2d, 712A.8, 712A.11, 712A.16, 712A.18, 712A.18k, 712A.25, and 712A.28), sections 1, 2, 8, 11, 16, and 28 as amended by 1996 PA 409, section 2d as added and section 18 as amended by 1996 PA 244, and section 18k as added by 1996 PA 507, and by adding section 2e to chapter XIIA.

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Rep. Kukuk introduced

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.

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

 

 

Reps. Thomas, Wallace, Stallworth, Schauer, Wojno, Price, DeHart, Schermesser, Hale, Leland, Freeman, Scranton, Richner, Callahan, Kilpatrick, Cherry, Llewellyn and Raczkowski introduced

House Bill No. 5344, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," (MCL 500.100 to 500.8302) by adding section 2227; and to repeal acts and parts of acts.

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

 

 

 

 

Rep. Frank moved that the House adjourn.

The motion prevailed, the time being 1:40 p.m.

 

The Speaker declared the House adjourned until Tuesday, November 4, at 2:00 p.m.