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

 

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

 

 

Agee--present

Alley--present

Anthony--present

Baade--present

Baird--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--present

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--present

Martinez--present

Mathieu--present

McBryde--present

McManus--present

McNutt--present

Middaugh--excused

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--present

Sikkema--present

Stallworth--excused

Tesanovich--present

Thomas--present

Varga--present

Vaughn--present

Voorhees--present

Walberg--present

Wallace--present

Wetters--present

Whyman--present

Willard--present

Wojno--present

 

 

e/d/s = entered during session

Rep. Beverly Bodem, from the 106th District, offered the following invocation:

 

"Lord, Guide us and give us the wisdom to deal appropriately with the issues before us today. May we make decisions that will benefit all citizens of our great state and may we think of others and their needs first before our own. Amen."

 

 

 

 

Rep. Dobronski moved that Rep. Stallworth be excused from today's session.

The motion prevailed.

 

Rep. Wetters asked and obtained a temporary excuse from 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.

 

By unanimous consent the House returned to the order of

 

 

The Speaker laid before the House

House Bill No. 4149, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 7405, 16106, 17708, 17751, and 17763 (MCL 333.7405, 333.16106, 333.17708, 333.17751, and 333.17763), section 7405 as amended by 1988 PA 30, section 17708 as amended by 1994 PA 384, and section 17763 as amended by 1993 PA 79.

(The bill was received from the Senate on November 12, with amendments, full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until November 13, see House Journal No. 90, p. 2347.)

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

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

 

 

Roll Call No. 947 Yeas--103

 

 

 

 

Nays--0

 

 

In The Chair: Gire

 

 

The House agreed to the full title of the bill.

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

 

 

 

 

The Speaker assumed the Chair.

 

 

Rep. Parks, under Rule 33, made the following statement:

"Mr. Speaker and members of the House:

I was absent from the Chamber when the vote was taken on Roll Call Nos. 928-935. Had I been present, I would have voted "yes" on Roll Call Nos. 928-934 and "no" on Roll Call No. 935."

 

 

 

 

House Bill No. 4048, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 5827 (MCL 600.5827) and by adding section 5828.

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

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

Rep. Callahan 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. 5371, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 2949a (MCL 600.2949a), as added by 1995 PA 249.

The bill was read a second time.

Rep. Baird 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. 5373, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," (MCL 600.101 to 600.9948) by adding section 6313.

Was read a second time, and the question being on the adoption of the proposed amendments previously recommended by the Committee on Judiciary (for amendments, see House Journal No. 92, p. 2449),

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

Rep. Wallace 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. 5373, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," (MCL 600.101 to 600.9948) by adding section 6313.

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

 

 

Roll Call No. 948 Yeas--56

 

 

 

 

Nays--51

 

 

 

 

In The Chair: Hertel

 

 

The House agreed to the title of the bill.

 

 

 

 

 

 

 

 

 

 

 

 

 

Roll Call No. 949 Yeas--107

 

 

 

 

Nays--0

 

 

In The Chair: DeHart

 

 

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 1991 PA 179, entitled "An act to regulate and insure the availability of certain telecommunication services; to prescribe the powers and duties of certain state agencies and officials; to prescribe penalties; to repeal certain acts and parts of acts; and to repeal this act on a specific date," by amending sections 316 and 361 (MCL 484.2316 and 484.2361), section 316 as amended and section 361 as added by 1995 PA 216; and to repeal acts and parts of acts.

The motion prevailed.

The House agreed to the title as amended.

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

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

 

 

House Bill No. 5129, entitled

A bill to designate an official flag month of this state.

(The bill was read a third time and postponed temporarily on November 5, see House Journal No. 88, p. 2290.)

The question being on the passage of the bill,

Rep. Jaye moved to amend the bill as follows:

1. Amend page 1, line 1, after "Sec. 1." by inserting "(1)".

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

"(2) Handling and displaying the flag of the United States is encouraged according to the following guidelines:

(a) The flag of the United States should be at the center and at the highest point of the group when a number of flags of states or localities or pennants of societies are grouped and displayed from staffs.

(b) When flags of states, cities or localities, or pennants of societies are flown on the same halyard with the flag of the United States, the flag of the United States should be at the peak. When the flags are flown from adjacent staffs, the flag of the United States should be hoisted first and lowered last. No other flag or pennant should be placed above the flag of the United States or to the United States flag's right.

(c) When flags of 2 or more nations are displayed, they should be flown from separate staffs of the same height. The flags should be of approximately equal size. A flag of 1 nation should not be placed above the flag of another nation in time of peace.

(d) When the flag of the United States is displayed from a staff projecting horizontally or at an angle from the window sill, balcony, or front of a building, the union of the flag should be placed at the peak of the staff. The flag should be hoisted out, union first, from the building.

(e) When the flag of the United States is displayed either horizontally or vertically against a wall, the union should be uppermost and to the flag's own right and should be to the observer's left. When displayed in a window, the flag of the United States should be displayed in the same way, with the union or blue field to the left of the observer in the street.

(f) When the flag is displayed over the middle of the street, it should be suspended vertically with the union to the north in an east and west street and to the east in a north and south street.

(g) When used on a speaker's platform, the flag, if displayed flat, should be displayed above and behind the speaker.

(h) When displayed from a staff in a church or public auditorium, the flag of the United States should be at the clergyman's or speaker's right as he or she faces the audience. Any other flag displayed should be placed on the left of the clergyman or speaker or to the right of the audience.

(i) The flag of the United States should form a distinctive feature of the ceremony of unveiling a public statue or monument, but the flag should not be used as the covering for the public statue or monument.

(j) The flag of the United States, when flown at half-staff, should be first hoisted to the peak for an instant and then lowered to the half-staff position. The flag should be raised to the peak before it is lowered for the day.".

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

The question being on the passage of the bill,

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

The motion prevailed.

 

 

 

 

House Bill No. 5121, entitled

A bill to amend 1986 PA 281, entitled "The local development financing act," by amending sections 2 and 11a (MCL 125.2152 and 125.2161a), section 2 as amended by 1996 PA 270 and section 11a as amended by 1996 PA 452.

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

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

Rep. Alley 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. 5125, entitled

A bill to amend 1977 PA 89, entitled "State aid to public libraries act," by amending section 5 (MCL 397.555).

The bill was read a second time.

Rep. Oxender 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. 4254, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding part 752.

Was read a second time, and the question being on the adoption of the proposed amendments previously recommended by the Committee on Conservation, Environment and Recreation (for amendments, see House Journal No. 83, p. 2199),

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

Rep. Walberg 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. 4849, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 14301, 14302, 14303, 14501, 14502, 14504, 14505, 14506, and 14510 (MCL 324.14301, 324.14302, 324.14303, 324.14501, 324.14502, 324.14504, 324.14505, 324.14506, and 324.14510) and by adding sections 14511 and 14512; and to repeal acts and parts of acts.

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

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

Rep. Thomas 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. 5002, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 43514 (MCL 324.43514), as added by 1995 PA 57; and to repeal acts and parts of acts.

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

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

Rep. DeVuyst 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. 5114, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 30306, 30307, and 30317 (MCL 324.30306, 324.30307, and 324.30317), section 30306 as added by 1995 PA 59, section 30307 as amended by 1995 PA 103, and section 30317 as amended by 1996 PA 530.

Was read a second time, and the question being on the adoption of the proposed amendment previously recommended by the Committee on Conservation, Environment and Recreation (for amendment, see House Journal No. 83, p. 2200),

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

Rep. Kilpatrick 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. 5136, entitled

A bill to amend 1976 PA 399, entitled "Safe drinking water act," by amending the title and sections 2, 4, 5, 7, 8, 9, 14, and 16 (MCL 325.1002, 325.1004, 325.1005, 325.1007, 325.1008, 325.1009, 325.1014, and 325.1016), the title and sections 2, 7, and 9 as amended by 1993 PA 165, and by adding section 3b.

The bill was read a second time.

Rep. Jellema moved to amend the bill as follows:

1. Amend page 14, line 25, after "require." by inserting "THE DEPARTMENT MAY BY RULE REQUIRE A SUPPLIER OF WATER TO PROVIDE ADDITIONAL REPORTS TO ITS CUSTOMERS. THESE RULES SHALL INCLUDE THE REQUIRED CONTENT OF THE REPORTS AND THE FREQUENCY AND THE MANNER OF DELIVERY OF THESE REPORTS.

(2) A SUPPLIER OF WATER SHALL PROVIDE TO ITS CUSTOMERS CONSUMER CONFIDENCE REPORTS AS REQUIRED BY TITLE XIV OF THE PUBLIC HEALTH SERVICE ACT, CHAPTER 373, 88 STAT. 1660, POPULARLY KNOWN AS THE SAFE DRINKING WATER ACT. THE DEPARTMENT SHALL PROMULGATE RULES RELATING TO CONSUMER CONFIDENCE REPORTS INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING;

(A) THE CONTENT OF THE REPORTS.

(B) THE MANNER OF DELIVERY OF THE REPORTS.

(C) STANDARDIZED FORMATS THAT MAY BE USED BY SUPPLIERS OF WATER FOR PROVIDING INFORMATION IN THE REPORTS.

(D) IF A SOURCE WATER ASSESSMENT HAS BEEN COMPLETED, A REQUIREMENT THAT THE REPORTS CONTAIN A NOTIFICATION OF THE AVAILABILITY OF THE SOURCE WATER ASSESSMENT AND THE MEANS TO OBTAIN A COPY.

(E) IF REGULATED CONTAMINANTS ARE DETECTED IN A PUBLIC WATER SUPPLY, AND CERTAIN SUBPOPULATIONS ARE PARTICULARLY VULNERABLE TO THE ADVERSE EFFECTS BECAUSE OF AGE, GENDER, PREGNANCY, OR PREEXISTING MEDICAL CONDITIONS, A REQUIREMENT THAT THE REPORT CONTAIN INFORMATION RELATED TO ALL OF THE FOLLOWING:

(i) THE CONTAMINANT THAT WAS DETECTED.

(ii) THE LEVEL OF THE CONTAMINANT THAT WAS DETECTED.

(iii) THE VULNERABLE POPULATION THAT MAY BE SUSCEPTIBLE TO THE LEVEL OF CONTAMINANT DETECTED.

(iv) THE POTENTIAL ADVERSE HEALTH EFFECTS ASSOCIATED WITH EXPOSURE OF THE VULNERABLE POPULATION TO THE LEVEL OF CONTAMINANT DETECTED IN THE WATER SUPPLY.

(3) THE REQUIREMENT IN SUBSECTION (2)(E) SHALL ONLY APPLY IF THE DEPARTMENT PROVIDES SUPPLIERS OF WATER WITH STATEMENTS DERIVED FROM READILY AVAILABLE INFORMATION CONCERNING THE ADVERSE EFFECTS OF REGULATED CONTAMINANTS ON VULNERABLE SUBPOPULATIONS. THE STATEMENTS SHALL BE IN A FORM THAT CAN BE EASILY INSERTED INTO THE CONSUMER CONFIDENCE REPORTS PROVIDED FOR IN THIS SECTION.

(4) IF FEASIBLE FROM A COST PERSPECTIVE, THE DEPARTMENT MAY MAKE CONSUMER CONFIDENCE REPORTS PROVIDED FOR UNDER THIS SECTION AVAILABLE AT A SINGLE WEBSITE ON THE INTERNET." and renumbering the remaining subsection.

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

Rep. Jellema 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. 5222, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 2102a.

The bill was read a second time.

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

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

 

 

Senate Bill No. 6, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," (MCL 750.1 to 750.568) by adding section 217b.

Was read a second time, and the question being on the adoption of the proposed amendments previously recommended by the Committee on Judiciary (for amendments, see House Journal No. 85, p. 2238),

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

Rep. Nye moved to amend the bill as follows:

1. Amend page 1, line 4, after "BY" by striking out "A" and inserting "THAT".

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

Rep. Thomas 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. 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).

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

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

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

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

 

By unanimous consent the House returned to the order of

 

 

Rep. Thomas moved that House Bill No. 5121 be placed on its immediate passage.

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

 

House Bill No. 5121, entitled

A bill to amend 1986 PA 281, entitled "The local development financing act," by amending sections 2 and 11a (MCL 125.2152 and 125.2161a), section 2 as amended by 1996 PA 270 and section 11a as amended by 1996 PA 452.

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

Roll Call No. 950 Yeas--105

 

 

Dobb

 

 

Nays--0

 

 

In The Chair: DeHart

 

 

The House agreed to the title of the bill.

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

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

 

 

Rep. Thomas moved that House Bill No. 5125 be placed on its immediate passage.

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

 

House Bill No. 5125, entitled

A bill to amend 1977 PA 89, entitled "State aid to public libraries act," by amending section 5 (MCL 397.555).

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

 

 

Roll Call No. 951 Yeas--103

 

 

 

 

Nays--2

 

 

Jaye Kaza

 

 

In The Chair: DeHart

 

 

The House agreed to the title of the bill.

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

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

 

 

Rep. Thomas moved that House Bill No. 4254 be placed on its immediate passage.

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

 

House Bill No. 4254, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding part 752.

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

 

 

Roll Call No. 952 Yeas--94

 

 

Dalman Horton

 

 

Nays--13

 

 

Jansen

 

 

In The Chair: DeHart

 

 

The House agreed to the title of the bill.

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

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

 

 

Rep. Thomas moved that House Bill No. 4849 be placed on its immediate passage.

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

 

House Bill No. 4849, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 14301, 14302, 14303, 14501, 14502, 14504, 14505, 14506, and 14510 (MCL 324.14301, 324.14302, 324.14303, 324.14501, 324.14502, 324.14504, 324.14505, 324.14506, and 324.14510) and by adding sections 14511 and 14512; and to repeal acts and parts of acts.

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

 

 

Roll Call No. 953 Yeas--104

 

 

 

 

Nays--0

 

 

In The Chair: DeHart

 

 

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

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

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 14301, 14302, 14303, 14304, 14306, 14501, 14502, 14503, 14504, 14505, 14506, and 14510 (MCL 324.14301, 324.14302, 324.14303, 324.14304, 324.14306, 324.14501, 324.14502, 324.14503, 324.14504, 324.14505, 324.14506, and 324.14510) and by adding sections 14511 and 14512; and to repeal acts and parts of acts.

The motion prevailed.

The House agreed to the title as amended.

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

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

 

 

Rep. Thomas moved that House Bill No. 5002 be placed on its immediate passage.

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

 

House Bill No. 5002, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 43514 (MCL 324.43514), as added by 1995 PA 57; and to repeal acts and parts of acts.

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 for the day.

The motion prevailed.

 

 

Rep. Thomas moved that House Bill No. 5114 be placed on its immediate passage.

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

 

House Bill No. 5114, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 30306, 30307, and 30317 (MCL 324.30306, 324.30307, and 324.30317), section 30306 as added by 1995 PA 59, section 30307 as amended by 1995 PA 103, and section 30317 as amended by 1996 PA 530.

The bill was read a third time.

The question being on the passage of the bill,

Rep. McNutt moved to amend the bill as follows:

1. Amend page 8, line 5, after "PART." by inserting "NOT MORE THAN 90 DAYS AFTER THE END OF EACH STATE FISCAL YEAR ENDING AFTER 1997, THE DEPARTMENT SHALL PREPARE A REPORT DESCRIBING HOW MONEY FROM THE LAND AND WATER MANAGEMENT PERMIT FEE FUND WAS EXPENDED DURING THAT FISCAL YEAR AND SHALL SUBMIT THE REPORT TO THE STANDING COMMITTEES OF THE HOUSE OF REPRESENTATIVES AND THE SENATE THAT PRIMARILY ADDRESS ISSUES PERTAINING TO THE PROTECTION OF NATURAL RESOURCES AND THE ENVIRONMENT, AND THE APPROPRIATIONS COMMITTEES IN THE HOUSE OF REPRESENTATIVES AND THE SENATE.".

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

The question being on the passage of the bill,

The bill was then not passed, a majority of the members serving not voting therefor, by yeas and nays, as follows:

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Dobb Jelinek

 

 

Nays--0

 

 

In The Chair: DeHart

 

 

The House agreed to the title of the bill.

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

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

 

 

Rep. Thomas moved that House Bill No. 5222 be placed on its immediate passage.

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

 

House Bill No. 5222, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 2102a.

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

 

 

Roll Call No. 956 Yeas--106

 

 

Dobronski Johnson

 

 

Nays--0

 

 

In The Chair: DeHart

 

 

The House agreed to the title of the bill.

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

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

 

 

Rep. Thomas moved that Senate Bill No. 6 be placed on its immediate passage.

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

 

Senate Bill No. 6, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," (MCL 750.1 to 750.568) by adding section 217b.

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

 

 

Roll Call No. 957 Yeas--106

 

 

Emerson Johnson

 

 

Nays--0

 

 

In The Chair: DeHart

 

 

Pursuant to Joint Rule 20, the full title of the bill shall read as follows:

"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,".

The House agreed to the full title of the bill.

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

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

 

 

Rep. Thomas moved that House Bill No. 5115 be placed on its immediate passage.

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

 

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).

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

 

 

Roll Call No. 958 Yeas--103

 

 

 

 

Nays--0

 

 

In The Chair: DeHart

 

The House agreed to the title of the bill.

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

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

 

 

 

 

The Speaker resumed the Chair.

 

 

Rep. Gagliardi moved that House Bill No. 5371 be placed on its immediate passage.

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

 

House Bill No. 5371, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 2949a (MCL 600.2949a), as added by 1995 PA 249.

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

 

 

Roll Call No. 959 Yeas--56

 

 

 

 

Nays--50

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

House Bill No. 4768, 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 section 2964.

The Senate has concurred in the House amendments to the Senate amendment.

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

 

 

House Bill No. 4661, entitled

A bill to amend 1996 PA 386, entitled "An act to regulate the sale and purchase of viatical settlement contracts; to prescribe the powers and duties of certain state agencies and officials; and to prescribe penalties," by amending section 8 (MCL 550.528), and by adding section 3a.

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 386, entitled "An act to regulate the sale and purchase of viatical settlement contracts; to prescribe the powers and duties of certain state agencies and officials; and to prescribe penalties," by amending section 8 (MCL 550.528).

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

 

 

House Bill No. 4811, entitled

A bill to amend 1939 PA 280, entitled "The social welfare act," (MCL 400.1 to 400.119b) by adding section 56i.

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 of the bill.

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

 

By unanimous consent the House returned to the order of

 

 

Reps. Goschka, Scott, Baade, Frank, DeHart, Bodem, Hale, Vaughn, Richner, Jelinek, Crissman, Voorhees, McBryde, Tesanovich, Cherry, Green and Birkholz offered the following resolution:

House Resolution No. 182.

A resolution to honor Professor Alan Frederick Quick upon the occasion of his retirement.

Whereas, Alan Frederick Quick has served more than 37 years as a professor in Michigan. A pioneer of the Overseas Student Teaching Program for Central Michigan University and an instructor dedicated to improving the quality of education, Alan Quick has enriched the lives of the hundreds of future educators he has guided; and

Whereas, The members and staff of the Michigan House of Representatives wish to acclaim the work of Professor Alan Quick, whose interest in education instilled in him a drive to continue improving teaching programs as Director of Student and Intern Teaching and Chairperson of the Department of Student Teaching at Central Michigan University. With a Bachelor of Arts degree in History and Education from Western Michigan University, a Master of Arts degree in School Administration from the University of Michigan, and a Doctorate of Education from the University of Oregon, Alan Quick has extensive insight in his field; and

Whereas, As an English teacher at Warren High School in Warren, Michigan, a graduate teaching fellow at the University of Oregon, and a dean at Central Michigan University, Alan Quick has explored various levels of hands-on experiences necessary for excelling in the area of education; and

Whereas, Professor Quick has also done work to ensure his community's well-being by working for the United Way and the Special Olympics. He has been the president of the Mt. Pleasant Kiwanis Club, a board member on the Mt. Pleasant Chamber of Commerce and has served on numerous committees created to improve the quality of life in the area they facilitate; now, therefore, be it

Resolved by the House of Representatives, That tribute be accorded to honor Professor Alan Frederick Quick, who has pledged 37 years to enhancing many lives; and be it further

Resolved, That a copy of this resolution be given to Professor Alan Frederick Quick as evidence of our warm regards and best wishes toward a rewarding retirement.

Pending the reference of the resolution to a committee,

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

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

The question being on the adoption of the resolution,

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

 

 

 

 

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

House Bill No. 4028, entitled

A bill to provide for the readability of consumer contracts; to impose certain requirements relating to consumer contracts; to prescribe the powers and duties of certain state officers and departments; to provide remedies; to provide for limitation of actions; and to provide for civil fines and prescribe penalties for violations of this act.

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 4028 To Report Out:

Yeas: Reps. Brater, DeHart, Brown, Freeman, Gire,

Nays: Reps. Crissman, Cropsey, Law.

 

 

 

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

Meeting held on: Wednesday, December 3, 1997, at 9:00 a.m.,

Present: Reps. Brater, DeHart, Brown, Freeman, Gire, Crissman, Cropsey, Law, Perricone.

 

 

The Committee on Regulatory Affairs, by Rep. Varga, Chair, reported

Senate Bill No. 481, entitled

A bill to authorize the state administrative board and the department of management and budget to convey certain parcels of state owned property; to prescribe conditions for the conveyances; to provide for disposition of the revenue from the conveyances; and to prescribe certain powers and duties of the department of management and budget regarding purchase and sale of certain real property.

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

1. Amend page 9, following line 12, by inserting:

"(9) The revenue received under this section shall be deposited in the state treasury and credited to the general fund.".

2. Amend page 11, following line 12, by inserting:

"(9) The revenue received under this section shall be deposited in the state treasury and credited to the general fund.".

3. Amend page 11, line 20, after "subcommittee." by inserting "Any authority conferred by this section on the department of state police to sell excess land shall expire 7 years after the effective date of this act.".

4. Amend page 11, line 21, after "sold" by striking out "under".

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

 

 

 

SB 481 To Report Out:

Yeas: Reps. Varga, Wojno, Anthony, Leland, Quarles, Scott, Fitzgerald, Richner, Rocca, Scranton, Voorhees,

Nays: None.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

HB 5358 To Report Out:

Yeas: Reps. Profit, Quarles, Hanley, Palamara, Wojno, Perricone, Cassis, Dobb, Goschka, Middleton, Whyman,

Nays: None.

 

 

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

Senate Bill No. 698, entitled

A bill to amend 1980 PA 450, entitled "The tax increment finance authority act," by amending sections 1 and 12a (MCL 125.1801 and 125.1812a), section 1 as amended by 1996 PA 271 and section 12a as amended by 1996 PA 453.

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.

 

 

 

SB 698 To Report Out:

Yeas: Reps. Profit, Quarles, Agee, Hanley, Wetters, Wojno, Perricone, Brackenridge, Cassis, Goschka, Middleton, Whyman,

Nays: None.

 

 

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

Senate Bill No. 699, entitled

A bill to amend 1975 PA 197, entitled "An act to provide for the establishment of a downtown development authority; to prescribe its powers and duties; to correct and prevent deterioration in business districts; to encourage historic preservation; to authorize the acquisition and disposal of interests in real and personal property; to authorize the creation and implementation of development plans in the districts; to promote the economic growth of the districts; to create a board; to prescribe its powers and duties; to authorize the levy and collection of taxes; to authorize the issuance of bonds and other evidences of indebtedness; to authorize the use of tax increment financing; to reimburse downtown development authorities for certain losses of tax increment revenues; and to prescribe the powers and duties of certain state officials," by amending sections 1 and 13b (MCL 125.1651 and 125.1663b), as amended by 1996 PA 454.

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.

 

 

 

SB 699 To Report Out:

Yeas: Reps. Profit, Quarles, Agee, Hanley, Wetters, Wojno, Perricone, Brackenridge, Cassis, Goschka, Middleton, Whyman,

Nays: None.

 

 

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

Senate Bill No. 705, entitled

A bill to amend 1975 PA 228, entitled "Single business tax act," by amending section 38c (MCL 208.38c), as amended by 1994 PA 231.

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.

 

 

 

SB 705 To Report Out:

Yeas: Reps. Profit, Quarles, Agee, Hanley, Wetters, Wojno, Perricone, Brackenridge, Cassis, Whyman,

Nays: None.

 

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

Meeting held on: Wednesday, December 3, 1997, at 9:00 a.m.,

Present: Reps. Profit, Quarles, Agee, Freeman, Gubow, Hanley, Palamara, Wetters, Wojno, Perricone, Brackenridge, Cassis, Dobb, Goschka, Middleton, Whyman,

Absent: Rep. Wallace,

Excused: Rep. Wallace.

 

 

 

The following report, submitted by Rep. Cherry, Chair of the Committee on Colleges and Universities, was received and read:

Meeting held on: Wednesday, December 3, 1997, at 10:30 a.m.,

Present: Reps. Cherry, Brown, Brater, Quarles, LeTarte, Dalman, Scranton, Walberg,

Absent: Rep. Curtis,

Excused: Rep. Curtis.

 

 

 

The following report, submitted by Rep. Baird, Chair of the Committee on Mental Health, was received and read:

Meeting held on: Wednesday, December 3, 1997, at 12:00 Noon,

Present: Reps. Baird, Brater, Gubow, LaForge, Scranton, Cassis, Hammerstrom,

Absent: Reps. Wallace, Green,

Excused: Reps. Wallace, Green.

 

By unanimous consent the House returned to the order of

 

 

 

 

Date: November 13, 1997

Subject: Trans. No. 97-59

I hereby certify that the Joint Committee on Administrative Rules approved the administrative rules rescission from the Consumer and Industry Services Department, Director's Office, pertaining to Pharmacy, dated August 15, 1997.

 

 

 

Russell J. Harding, Director

Department of Environmental Quality

Lansing, Michigan

Dear Mr. Harding:

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. 97-60, submitted by the Department of Environmental Quality, Land Management Division, pertaining to Wetland Mitigation Banking, to January 22, 1998.

Michael D. Robinson, Director

Department of State Police

Lansing, Michigan

Dear Mr. Robinson:

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. 97-61, submitted by the Department of State Police, Forensic Science Division, pertaining to DNA Profiling System, to February 5, 1998.

 

 

 

 

The Clerk announced that the following bill had been printed and placed upon the files of the members, Thursday, November 13:

Senate Bill No. 812

 

The Clerk announced the enrollment printing and presentation to the Governor on Monday, November 17, for his approval of the following bills:

Enrolled Senate Bill No. 178 at 1:45 p.m.

Enrolled Senate Bill No. 719 at 1:47 p.m.

 

The Clerk announced that the following bill had been printed and placed upon the files of the members, Monday, November 17:

Senate Bill No. 791

 

The Clerk announced that the following bills and joint resolutions had been printed and placed upon the files of the members, Tuesday, November 18:

Senate Bill Nos. 807 808 809 810 811 813 814 815

Senate Joint Resolutions N O

 

The Clerk announced the enrollment printing and presentation to the Governor on Wednesday, November 19, for his approval of the following bills:

Enrolled Senate Bill No. 139 at 10:40 a.m.

Enrolled Senate Bill No. 578 at 10:42 a.m.

Enrolled Senate Bill No. 742 at 10:44 a.m.

 

The Clerk announced the enrollment printing and presentation to the Governor on Tuesday, November 20, for his approval of the following bill:

Enrolled Senate Bill No. 495 at 3:29 p.m.

 

The Clerk announced that the following bill had been printed and placed upon the files of the members, Wednesday, December 3:

House Bill No. 5391

 

The Clerk announced that the following Senate bills had been received on Wednesday, December 3:

Senate Bill Nos. 497 507 553 614 758 759 760

 

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

Enrolled Senate Bill No. 178 - Public Act No. 142

Enrolled Senate Bill No. 719 - Public Act No. 143

Enrolled Senate Bill No. 578 - Public Act No. 148

Enrolled Senate Bill No. 742 - Public Act No. 149

Enrolled Senate Bill No. 495 - Public Act No. 150

Enrolled Senate Bill No. 139 - Public Act No. 151

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Rep. Varga introduced

House Bill No. 5405, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending section 128 (MCL 500.128), as amended by 1990 PA 1.

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

 

 

Rep. Schermesser introduced

House Joint Resolution CC, entitled

A joint resolution proposing an amendment to the state constitution of 1963, by amending section 13 of article V to require a special election to fill a vacancy in the office of state senator or state representative under certain circumstances.

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

 

 

 

 

Rep. Jaye moved that the House adjourn.

The motion prevailed, the time being 5:20 p.m.

 

The Speaker declared the House adjourned until Thursday, December 4, at 10:00 a.m.