No. 15
STATE OF MICHIGAN
JOURNAL
OF THE
House of Representatives
89th Legislature
REGULAR SESSION OF 1998
House Chamber, Lansing, Wednesday, February 18, 1998.
2:00 p.m.
The House was called to order by the Speaker.
The roll was called by the Clerk of the House of Representatives, who announced that a quorum was present.
Agee--present
Alley--present
Anthony--present
Baade--present
Baird--present
Bankes--present
Basham--present
Birkholz--present
Bobier--present
Bodem--present
Bogardus--present
Brackenridge--present
Brater--present
Brewer--present
Brown--present
Byl--present
Callahan--present
Cassis--present
Cherry--present
Ciaramitaro--present
Crissman--present
Cropsey--present
Curtis--present
Dalman--present
DeHart--present
DeVuyst--present
Dobb--present
Dobronski--present
Emerson--present
Fitzgerald--present
Frank--present
Freeman--present
Gagliardi--present
Galloway--present
Geiger--present
Gernaat--present
Gilmer--present
Gire--excused
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--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--present
Schroer--present
Scott--present
Scranton--present
Sikkema--present
Stallworth--present
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
Rev. Duane VanderBrug, from the Church Development Specialists for the Christian Reformed Church Home Missions, offered the following invocation:
"Deeply planted within us Lord God are those yearnings that You've given to all of us. Yearnings that come straight from Your own heart to know the truth, to love justice, to be merciful and to live in peace. In the work of this session help these representatives to remember that as stewards of Your creation they represent You. So lead them, spirit of God, to consistently discern the truth, to seek justice, to practice mercy and to do the things that make for a lasting peace tirelessly and with great energy in every step along the way, with every issue and concern in every vote they cast. Hold before them a clear vision of Your world set right the way You first created it. The new creation that You are making through the redeeming work of Jesus Christ in which every thought and decision is shaped by the truth. Everyone is dealt with justly, everyone in need of mercy receives it and everything is in the right place so that the work they do today as Your representatives and ours may be part of making that vision a reality. In a broken world none of this is easy, none of it is without risk, much of it may not even be popular. So give these legislators the grace needed to be servant leaders who passionately and persistently serve Your purposes in this generation. In the name of Jesus, Amen."
______
Rep. Dobronski moved that Reps. Gire and Kelly be excused from today's session.
The motion prevailed.
Third Reading of Bills
House Bill No. 4019, entitled
A bill to amend 1933 PA 167, entitled "General sales tax act," by amending section 1 (MCL 205.51), as amended by 1995 PA 209.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 64 Yeas--104
Agee Emerson Kaza Price
Alley Fitzgerald Kilpatrick Profit
Anthony Frank Kukuk Prusi
Baade Freeman LaForge Quarles
Baird Gagliardi Law Raczkowski
Bankes Galloway Leland Rhead
Basham Geiger LeTarte Richner
Birkholz Gernaat Llewellyn Rison
Bobier Gilmer London Rocca
Bodem Godchaux Lowe Schauer
Bogardus Goschka Mans Schermesser
Brackenridge Green Martinez Schroer
Brater Griffin Mathieu Scott
Brewer Gubow McBryde Scranton
Brown Gustafson McManus Sikkema
Byl Hale McNutt Stallworth
Callahan Hammerstrom Middaugh Tesanovich
Cassis Hanley Middleton Thomas
Cherry Harder Murphy Varga
Crissman Hertel Nye Vaughn
Cropsey Hood Olshove Voorhees
Curtis Horton Owen Walberg
Dalman Jansen Oxender Wetters
DeHart Jelinek Palamara Whyman
Dobb Jellema Parks Willard
Dobronski Johnson Perricone Wojno
Nays--0
In The Chair: Hertel
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 1933 PA 167, entitled "General sales tax act," (MCL 205.51 to 205.78) by adding section 4p.
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. Birkholz, Bodem, Brewer, Byl, Cassis, Crissman, Dalman, DeVuyst, Frank, Gagliardi, Galloway, Gernaat, Goschka, Hammerstrom, Jansen, Jelinek, Jellema, Kukuk, Llewellyn, London, McBryde, McManus, Middaugh, Perricone, Raczkowski, Richner, Rocca, Schauer, Sikkema, Varga, Vaughn, Voorhees and Wallace were named co-sponsors of the bill.
House Bill No. 4949, entitled
A bill to amend 1937 PA 94, entitled "Use tax act," (MCL 205.91 to 205.111) by adding section 4m.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 65 Yeas--102
Alley Fitzgerald Kukuk Prusi
Anthony Frank LaForge Quarles
Baade Freeman Law Raczkowski
Baird Gagliardi Leland Rhead
Bankes Galloway LeTarte Richner
Basham Geiger Llewellyn Rison
Birkholz Gernaat London Rocca
Bobier Gilmer Lowe Schauer
Bodem Godchaux Mans Schermesser
Bogardus Goschka Mathieu Schroer
Brackenridge Green McBryde Scott
Brater Griffin McManus Scranton
Brewer Gustafson McNutt Sikkema
Brown Hale Middaugh Stallworth
Byl Hammerstrom Middleton Tesanovich
Callahan Hanley Murphy Thomas
Cassis Harder Nye Varga
Cherry Hertel Olshove Vaughn
Crissman Hood Owen Voorhees
Cropsey Horton Oxender Walberg
Curtis Jansen Palamara Wallace
Dalman Jelinek Parks Wetters
DeHart Jellema Perricone Whyman
DeVuyst Johnson Price Willard
Dobb Kaza Profit Wojno
Dobronski Kilpatrick
Nays--0
In The Chair: Hertel
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 1937 PA 94, entitled "Use tax act," (MCL 205.91 to 205.111) by adding section 4o.
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.
Senate Bill No. 828, entitled
A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 7ff (MCL 211.7ff), as added by 1996 PA 469.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 66 Yeas--106
Agee Emerson Kilpatrick Profit
Alley Fitzgerald Kukuk Prusi
Anthony Frank LaForge Quarles
Baade Freeman Law Raczkowski
Bankes Gagliardi Leland Rhead
Basham Galloway LeTarte Richner
Birkholz Geiger Llewellyn Rison
Bobier Gernaat London Rocca
Bodem Gilmer Lowe Schauer
Bogardus Godchaux Mans Schermesser
Brackenridge Goschka Martinez Schroer
Brater Green Mathieu Scott
Brewer Griffin McBryde Scranton
Brown Gubow McManus Sikkema
Byl Gustafson McNutt Stallworth
Callahan Hale Middaugh Tesanovich
Cassis Hammerstrom Middleton Thomas
Cherry Hanley Murphy Varga
Ciaramitaro Harder Nye Vaughn
Crissman Hertel Olshove Voorhees
Cropsey Hood Owen Walberg
Curtis Horton Oxender Wallace
Dalman Jansen Palamara Wetters
DeHart Jelinek Parks Whyman
DeVuyst Jellema Perricone Willard
Dobb Johnson Price Wojno
Dobronski Kaza
Nays--0
In The Chair: Hertel
Pursuant to Joint Rule 20, the full title of the act shall read as follows:
"An act to provide for the assessment of rights and interests, including leasehold interests, in property and the levy and collection of taxes thereon, and for the collection of taxes levied; making such taxes a lien on the property taxed, establishing and continuing the lien, providing for the sale and conveyance of property delinquent for taxes, and for the inspection and disposition of lands bid off to the state and not redeemed or purchased; to provide for the establishment of a delinquent tax revolving fund and the borrowing of money by counties and the issuance of notes; to define and limit the jurisdiction of the courts in proceedings in connection therewith; to limit the time within which actions may be brought; to prescribe certain limitations with respect to rates of taxation; to prescribe certain powers and duties of certain officers, departments, agencies, and political subdivisions of this state; to provide for certain reimbursements of certain expenses incurred by units of local government; to provide penalties for the violation of this act; and to repeal certain acts and parts of acts in anywise contravening any of the provisions of this act,".
The House agreed to the full title.
Rep. Gagliardi moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Senate Bill No. 352, entitled
A bill to amend 1976 PA 220, entitled "Michigan handicappers' civil rights act," by amending the title and sections 101, 102, 103, 202, 203, 204, 205, 206, 208, 209, 210, 211, 302, 402, 403, 502, 504, 505, 506, 506a, 507, 604, and 606 (MCL 37.1101, 37.1102, 37.1103, 37.1202, 37.1203, 37.1204, 37.1205, 37.1206, 37.1208, 37.1209, 37.1210, 37.1211, 37.1302, 37.1402, 37.1403, 37.1502, 37.1504, 37.1505, 37.1506, 37.1506a, 37.1507, 37.1604, and 37.1606), the title and sections 103, 502, and 504 as amended and section 506a as added by 1992 PA 123, sections 102 and 606 as amended and sections 210 and 211 as added by 1990 PA 121, and sections 204 and 402 as amended and section 209 as added by 1980 PA 478.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 67 Yeas--106
Agee Dobronski Kilpatrick Profit
Alley Emerson Kukuk Prusi
Anthony Fitzgerald LaForge Quarles
Baade Frank Law Raczkowski
Baird Gagliardi Leland Rhead
Bankes Galloway LeTarte Richner
Basham Geiger Llewellyn Rison
Birkholz Gernaat London Rocca
Bobier Gilmer Lowe Schauer
Bodem Godchaux Mans Schermesser
Bogardus Goschka Martinez Schroer
Brackenridge Green Mathieu Scott
Brater Griffin McBryde Scranton
Brewer Gubow McManus Sikkema
Brown Gustafson McNutt Stallworth
Byl Hale Middaugh Tesanovich
Callahan Hammerstrom Middleton Thomas
Cassis Hanley Murphy Varga
Cherry Harder Nye Vaughn
Ciaramitaro Hertel Olshove Voorhees
Crissman Hood Owen Walberg
Cropsey Horton Oxender Wallace
Curtis Jansen Palamara Wetters
Dalman Jelinek Parks Whyman
DeHart Jellema Perricone Willard
DeVuyst Johnson Price Wojno
Dobb Kaza
Nays--0
In The Chair: Hertel
Pursuant to Joint Rule 20, the full title of the act shall read as follows:
"An act to define the civil rights of individuals who have handicaps; to prohibit discriminatory practices, policies, and customs in the exercise of those rights; to prescribe penalties and to provide remedies; and to provide for the promulgation of rules,".
The House agreed to the full title.
Rep. Gagliardi moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Senate Bill No. 353, entitled
A bill to amend 1954 PA 116, entitled "Michigan election law," by amending sections 29, 504, 509t, and 795 (MCL 168.29, 168.504, 168.509t, and 168.795), sections 29 and 504 as amended by 1989 PA 142, section 509t as added by 1994 PA 441, and section 795 as amended by 1992 PA 8.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 68 Yeas--104
Agee Emerson Kaza Price
Alley Fitzgerald Kilpatrick Profit
Anthony Frank Kukuk Prusi
Baade Freeman LaForge Quarles
Baird Gagliardi Law Raczkowski
Bankes Galloway Leland Rhead
Basham Geiger LeTarte Richner
Birkholz Gernaat Llewellyn Rison
Bodem Gilmer London Rocca
Bogardus Godchaux Lowe Schauer
Brackenridge Goschka Mans Schermesser
Brater Green Martinez Schroer
Brewer Griffin Mathieu Scott
Brown Gubow McBryde Scranton
Byl Gustafson McManus Sikkema
Callahan Hale McNutt Stallworth
Cassis Hammerstrom Middaugh Tesanovich
Cherry Hanley Middleton Thomas
Ciaramitaro Harder Murphy Varga
Crissman Hertel Nye Vaughn
Cropsey Hood Olshove Walberg
Curtis Horton Owen Wallace
DeHart Jansen Oxender Wetters
DeVuyst Jelinek Palamara Whyman
Dobb Jellema Parks Willard
Dobronski Johnson Perricone Wojno
Nays--0
In The Chair: Hertel
Pursuant to Joint Rule 20, the full title of the act shall read as follows:
"An act to reorganize, consolidate, and add to the election laws; to provide for election officials and prescribe their powers and duties; to prescribe the powers and duties of certain state departments, state agencies, and state and local officials and employees; to provide for the nomination and election of candidates for public office; to provide for the resignation, removal, and recall of certain public officers; to provide for the filling of vacancies in public office; to provide for and regulate primaries and elections; to provide for the purity of elections; to guard against the abuse of the elective franchise; to define violations of this act; to provide appropriations; to prescribe penalties and provide remedies; and to repeal certain acts and all other acts inconsistent with this act,".
The House agreed to the full title.
Rep. Gagliardi moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Senate Bill No. 355, entitled
A bill to amend 1939 PA 280, entitled "The social welfare act," by amending section 115f (MCL 400.115f), as amended by 1994 PA 238.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 69 Yeas--105
Agee Emerson Kaza Profit
Alley Fitzgerald Kilpatrick Prusi
Anthony Frank Kukuk Quarles
Baade Freeman LaForge Raczkowski
Baird Gagliardi Law Rhead
Bankes Galloway Leland Richner
Basham Geiger LeTarte Rison
Birkholz Gernaat Llewellyn Rocca
Bodem Gilmer London Schauer
Bogardus Godchaux Lowe Schermesser
Brackenridge Goschka Mans Schroer
Brater Green Martinez Scott
Brewer Griffin Mathieu Scranton
Brown Gubow McBryde Sikkema
Byl Gustafson McManus Stallworth
Callahan Hale McNutt Tesanovich
Cassis Hammerstrom Middaugh Thomas
Cherry Hanley Middleton Varga
Ciaramitaro Harder Murphy Vaughn
Crissman Hertel Nye Voorhees
Cropsey Hood Olshove Walberg
Curtis Horton Oxender Wallace
Dalman Jansen Palamara Wetters
DeHart Jelinek Parks Whyman
DeVuyst Jellema Perricone Willard
Dobb Johnson Price Wojno
Dobronski
Nays--0
In The Chair: Hertel
Pursuant to Joint Rule 20, the full title of the act shall read as follows:
"An act to protect the welfare of the people of this state; to provide general assistance, hospitalization, infirmary and medical care to poor or unfortunate persons; to provide for compliance by this state with the social security act; to provide protection, welfare and services to aged persons, dependent children, the blind, and the permanently and totally disabled; to administer programs and services for the prevention and treatment of delinquency, dependency and neglect of children; to create a state department of social services; to prescribe the powers and duties of the department; to provide for the interstate and intercounty transfer of dependents; to create county and district departments of social services; to create within certain county departments, bureaus of social aid and certain divisions and offices thereunder; to prescribe the powers and duties of the departments, bureaus and officers; to provide for appeals in certain cases; to prescribe the powers and duties of the state department with respect to county and district departments; to prescribe certain duties of certain other state departments, officers, and agencies; to make an appropriation; to prescribe penalties for the violation of the provisions of this act; and to repeal certain parts of this act on specific dates,".
The House agreed to the full title.
Rep. Gagliardi moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Senate Bill No. 357, entitled
A bill to amend 1986 PA 32, entitled "Emergency telephone service enabling act," by amending section 205 (MCL 484.1205), as amended by 1994 PA 29.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 70 Yeas--105
Agee Dobronski Johnson Perricone
Alley Emerson Kaza Price
Anthony Fitzgerald Kilpatrick Profit
Baade Frank Kukuk Prusi
Baird Freeman LaForge Raczkowski
Bankes Gagliardi Law Rhead
Basham Galloway Leland Richner
Birkholz Geiger LeTarte Rison
Bobier Gernaat Llewellyn Rocca
Bodem Gilmer London Schauer
Bogardus Godchaux Lowe Schermesser
Brackenridge Goschka Mans Schroer
Brater Green Martinez Scott
Brewer Griffin Mathieu Scranton
Brown Gubow McBryde Sikkema
Byl Gustafson McManus Stallworth
Callahan Hale McNutt Tesanovich
Cassis Hammerstrom Middaugh Thomas
Cherry Hanley Middleton Varga
Ciaramitaro Harder Murphy Vaughn
Crissman Hertel Nye Voorhees
Cropsey Hood Olshove Wallace
Curtis Horton Owen Wetters
Dalman Jansen Oxender Whyman
DeHart Jelinek Palamara Willard
DeVuyst Jellema Parks Wojno
Dobb
Nays--0
In The Chair: Hertel
Pursuant to Joint Rule 20, the full title of the act shall read as follows:
"An act to provide for the establishment of emergency telephone districts; to provide for the installation, operation, modification, and maintenance of universal emergency number service systems; to provide for the imposition and collection of certain charges; to provide the powers and duties of certain state agencies, local units of government, public officers, telephone service suppliers, and others; to create an emergency telephone service committee; to provide remedies; to provide penalties; and to repeal certain parts of this act on specific dates,".
The House agreed to the full title.
Rep. Gagliardi moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Senate Bill No. 358, entitled
A bill to amend 1980 PA 350, entitled "The nonprofit health care corporation reform act," by amending sections 211a, 410, and 502 (MCL 550.1211a, 550.1410, and 550.1502), section 211a as added by 1993 PA 127 and section 502 as amended by 1994 PA 440.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 71 Yeas--104
Agee Fitzgerald Kilpatrick Profit
Alley Frank Kukuk Prusi
Anthony Freeman LaForge Quarles
Baade Gagliardi Law Raczkowski
Baird Galloway Leland Rhead
Bankes Geiger LeTarte Richner
Birkholz Gernaat Llewellyn Rison
Bodem Gilmer London Rocca
Bogardus Godchaux Lowe Schauer
Brackenridge Goschka Mans Schermesser
Brater Green Martinez Schroer
Brown Griffin Mathieu Scott
Byl Gubow McBryde Scranton
Callahan Gustafson McManus Sikkema
Cassis Hale McNutt Stallworth
Cherry Hammerstrom Middaugh Tesanovich
Ciaramitaro Hanley Middleton Thomas
Crissman Harder Murphy Varga
Cropsey Hertel Nye Vaughn
Curtis Hood Olshove Voorhees
Dalman Horton Owen Walberg
DeHart Jansen Oxender Wallace
DeVuyst Jelinek Palamara Wetters
Dobb Jellema Parks Whyman
Dobronski Johnson Perricone Willard
Emerson Kaza Price Wojno
Nays--0
In The Chair: Hertel
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 1980 PA 350, entitled "An act to provide for the incorporation of nonprofit health care corporations; to provide their rights, powers, and immunities; to prescribe the powers and duties of certain state officers relative to the exercise of those rights, powers, and immunities; to prescribe certain conditions for the transaction of business by those corporations in this state; to define the relationship of health care providers to nonprofit health care corporations and to specify their rights, powers, and immunities with respect thereto; to provide for a Michigan caring program; to provide for the regulation and supervision of nonprofit health care corporations by the commissioner of insurance; to prescribe powers and duties of certain other state officers with respect to the regulation and supervision of nonprofit health care corporations; to provide for the imposition of a regulatory fee; to regulate the merger or consolidation of certain corporations; to prescribe an expeditious and effective procedure for the maintenance and conduct of certain administrative appeals relative to provider class plans; to provide for certain administrative hearings relative to rates for health care benefits; to provide for certain causes of action; to prescribe penalties and to provide civil fines for violations of this act; and to repeal certain acts and parts of acts," by amending sections 211a, 410, and 502 (MCL 550.1211a, 550.1410, and 550.1502), section 211a as added by 1993 PA 127 and section 502 as amended by 1997 PA184.
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.
Senate Bill No. 359, entitled
A bill to amend 1948 (1st Ex Sess) PA 31, entitled "An act to provide for the incorporation of authorities to acquire, furnish, equip, own, improve, enlarge, operate, and maintain buildings, automobile parking lots or structures, recreational facilities, stadiums, and the necessary site or sites therefor, together with appurtenant properties and facilities necessary or convenient for the effective use thereof, for the use of any county, city, village, or township, or for the use of any combination of 2 or more counties, cities, villages, or townships, or for the use of any school district and any city, village, or township wholly or partially within the district's boundaries, or for the use of any school district and any combination of 2 or more cities, villages, or townships wholly or partially within the district's boundaries, or for the use of any intermediate school district and any constituent school district or any city, village, or township, wholly or partially within the intermediate school district's boundaries; to provide for compensation of authority commissioners; to permit transfers of property to authorities; to authorize the execution of contracts, leases, and subleases pertaining to authority property and the use of authority property; to authorize incorporating units to impose taxes without limitation as to rate or amount and to pledge their full faith and credit for the payment of contract of lease obligations in anticipation of which bonds are issued by an authority; to provide for the issuance of bonds by such authorities; to validate action taken and bonds issued; and to provide other powers, rights, and duties of authorities and incorporating units, including those for the disposal of authority property," by amending section 2b (MCL 123.952b).
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 72 Yeas--106
Agee Dobronski Kaza Profit
Alley Emerson Kilpatrick Prusi
Anthony Fitzgerald Kukuk Quarles
Baade Frank LaForge Raczkowski
Baird Freeman Law Rhead
Bankes Gagliardi Leland Richner
Basham Galloway LeTarte Rison
Birkholz Geiger Llewellyn Rocca
Bobier Gernaat London Schauer
Bodem Gilmer Lowe Schermesser
Bogardus Godchaux Mans Schroer
Brackenridge Goschka Martinez Scott
Brater Green Mathieu Scranton
Brewer Griffin McBryde Sikkema
Brown Gubow McManus Stallworth
Byl Gustafson McNutt Tesanovich
Callahan Hale Middaugh Thomas
Cassis Hammerstrom Middleton Varga
Cherry Hanley Nye Vaughn
Ciaramitaro Harder Olshove Voorhees
Crissman Hertel Owen Walberg
Cropsey Hood Oxender Wallace
Curtis Horton Palamara Wetters
Dalman Jansen Parks Whyman
DeHart Jelinek Perricone Willard
DeVuyst Jellema Price Wojno
Dobb Johnson
Nays--0
In The Chair: Hertel
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.
Senate Bill No. 360, entitled
A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending sections 2027, 2121, 2264, 2925a, and 5208a (MCL 500.2027, 500.2121, 500.2264, 500.2925a, and 500.5208a), sections 2121 and 2925a as amended by 1980 PA 461 and section 5208a as added by 1981 PA 189.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 73 Yeas--105
Agee Dobronski Kaza Profit
Alley Emerson Kilpatrick Prusi
Anthony Fitzgerald Kukuk Quarles
Baade Frank LaForge Raczkowski
Baird Freeman Law Rhead
Bankes Gagliardi Leland Richner
Basham Galloway LeTarte Rison
Birkholz Geiger Llewellyn Rocca
Bobier Gernaat London Schauer
Bodem Gilmer Lowe Schermesser
Bogardus Godchaux Mans Schroer
Brackenridge Goschka Martinez Scott
Brater Green Mathieu Scranton
Brewer Griffin McBryde Sikkema
Brown Gubow McManus Stallworth
Byl Gustafson McNutt Tesanovich
Callahan Hale Middaugh Thomas
Cassis Hammerstrom Middleton Varga
Cherry Harder Murphy Vaughn
Ciaramitaro Hertel Nye Voorhees
Crissman Hood Olshove Walberg
Cropsey Horton Oxender Wallace
Curtis Jansen Palamara Wetters
Dalman Jelinek Parks Whyman
DeHart Jellema Perricone Willard
DeVuyst Johnson Price Wojno
Dobb
Nays--0
In The Chair: Hertel
Pursuant to Joint Rule 20, the full title of the act shall read as follows:
"An act to revise, consolidate, and classify the laws relating to the insurance and surety business; to regulate the incorporation or formation of domestic insurance and surety companies and associations and the admission of foreign and alien companies and associations; to provide their rights, powers, and immunities and to prescribe the conditions on which companies and associations organized, existing, or authorized under this act may exercise their powers; to provide the rights, powers, and immunities and to prescribe the conditions on which other persons, firms, corporations, associations, risk retention groups, and purchasing groups engaged in an insurance or surety business may exercise their powers; to provide for the imposition of a privilege fee on domestic insurance companies and associations and the state accident fund; to provide for the imposition of a tax on the business of foreign and alien companies and associations; to provide for the imposition of a tax on risk retention groups and purchasing groups; to provide for the imposition of a tax on the business of surplus line agents; to provide for the imposition of regulatory fees on certain insurers; to modify tort liability arising out of certain accidents; to provide for limited actions with respect to that modified tort liability and to prescribe certain procedures for maintaining those actions; to require security for losses arising out of certain accidents; to provide for the continued availability and affordability of automobile insurance and homeowners insurance in this state and to facilitate the purchase of that insurance by all residents of this state at fair and reasonable rates; to provide for certain reporting with respect to insurance and with respect to certain claims against uninsured or self-insured persons; to prescribe duties for certain state departments and officers with respect to that reporting; to provide for certain assessments; to establish and continue certain state insurance funds; to modify and clarify the status, rights, powers, duties, and operations of the nonprofit malpractice insurance fund; to provide for the departmental supervision and regulation of the insurance and surety business within this state; to provide for the conservation, rehabilitation, or liquidation of unsound or insolvent insurers; to provide for the protection of policyholders, claimants, and creditors of unsound or insolvent insurers; to provide for associations of insurers to protect policyholders and claimants in the event of insurer insolvencies; to prescribe educational requirements for insurance agents and solicitors; to provide for the regulation of multiple employer welfare arrangements; to create an automobile theft prevention authority to reduce the number of automobile thefts in this state; to prescribe the powers and duties of the automobile theft prevention authority; to provide certain powers and duties upon certain officials, departments, and authorities of this state; to repeal certain acts and parts of acts; to repeal certain acts and parts of acts on specific dates; to repeal certain parts of this act on specific dates; and to provide penalties for the violation of thisact,".
The House agreed to the full title.
Rep. Gagliardi moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
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Rep. Gagliardi moved that House Committees be given leave to meet during the balance of today's session.
The motion prevailed.
Rep. Harder asked and obtained an excuse from tomorrow's session.
The motion prevailed.
By unanimous consent the House returned to the order of
Motions and Resolutions
Reps. Fitzgerald, Kukuk, Anthony, Dobronski, Baade, DeHart, Kaza, Dobb, Gernaat, Middaugh, Palamara, Gilmer, Green, Wallace, Schermesser, Parks, Gagliardi, Freeman, Birkholz, McBryde, Crissman, Cassis, Voorhees, LaForge, Cropsey, Martinez, Galloway, Law, Wojno, Hale, Baird, Schauer, Hanley, Bodem, Bobier, Oxender, Brackenridge, Scranton, Tesanovich, Cherry, Murphy, Kilpatrick, Jansen, Rhead, Vaughn, Scott, Gubow, Jellema, Dalman, Goschka, Hammerstrom, Schroer, Profit, Brater, DeVuyst, Varga, London, Richner and Byl offered the following resolution:
House Resolution No. 215.
A resolution recognizing the 25th anniversary of the Michigan High School Baseball Coaches Association.
Whereas, It is a great personal privilege and an honor to salute the Michigan High School Baseball Coaches Association on 25 years of involvement in every aspect of high school baseball. It is most appropriate to extend to them the highest praise and sincerest congratulations for a job well done; and
Whereas, Over the past 25 years this outstanding organization has worked with the Michigan High School Athletic Association to promote every aspect of high school baseball in the state and provide a positive life experience for all high school student athletes; and
Whereas, The Michigan High School Baseball Coaches Association holds an annual coaches clinic featuring nationally known coaches, players, speakers, and presenters in order to promote fellowship and provide information; and
Whereas, Each year student athletes have the opportunity to receive college scholarships, as well as receiving awards for both performance and academics at the district, regional, and state levels; and
Whereas, Credit and recognition are given to coaching staff as well as non-coaches through Assistant Coaches of the Year awards and MHSBCA Service awards; and
Whereas, A coach's guidance helps form teams into champions and develop young people into adults; now, therefore, be it
Resolved by the House of Representatives, That we congratulate the Michigan High School Baseball Coaches Association on 25 years of service. May they know of our admiration and warmest wishes for continued success; and be it further
Resolved, That a copy of this resolution be transmitted to the Michigan High School Baseball Coaches Association as a token of our esteem.
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.
Announcement by the Clerk of Printing and Enrollment
The Clerk announced the enrollment printing and presentation to the Governor on Friday, February 13, for his approval of the following bill:
Enrolled Senate Bill No. 846 at 3:08 p.m
The Clerk announced that the following bills had been printed and placed upon the files of the members, Friday, February 13:
Senate Bill Nos. 867 868 869 871 872 873 874 875 876 877 879 880 881 882 883 884
The Clerk announced that the following bill had been printed and placed upon the files of the members, Wednesday, February 18:
House Bill No. 5580
The Clerk announced that the following Senate bill had been received on Wednesday, February 18:
Senate Bill No. 838
By unanimous consent the House returned to the order of
Reports of Standing Committees
The Committee on House Oversight and Ethics, by Rep. Gagliardi, Chair, reported
House Resolution No. 210.
A resolution to urge the Lottery Bureau to halt actions to disqualify political bingos.
(For text of resolution, see House Journal No. 11, p. 161.)
With the recommendation that the resolution be adopted.
The Speaker announced that under Rule 77 the resolution would lie over one day.
Favorable Roll Call
HR 210 To Report Out:
Yeas: Reps. Gagliardi, Cherry, Agee, Brewer, DeHart, Hanley, Kilpatrick, Varga, Wallace,
Nays: Reps. Gustafson, Goschka, Perricone, Richner, Voorhees.
The Committee on House Oversight and Ethics, by Rep. Gagliardi, Chair, reported
House Concurrent Resolution No. 85.
A concurrent resolution to urge the Lottery Bureau to halt actions to disqualify political bingos.
(For text of resolution, see House Journal No. 11, p. 162.)
With the recommendation that the concurrent resolution be adopted.
The Speaker announced that under Rule 77 the concurrent resolution would lie over one day.
Favorable Roll Call
HCR 85 To Report Out:
Yeas: Reps. Gagliardi, Cherry, Agee, Brewer, DeHart, Hanley, Kilpatrick, Varga, Wallace,
Nays: Reps. Gustafson, Goschka, Perricone, Richner, Voorhees.
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Gagliardi, Chair of the Committee on House Oversight and Ethics, was received and read:
Meeting held on: Tuesday, February 17, 1998, at 3:00 p.m.,
Present: Reps. Gagliardi, Cherry, Agee, Brewer, DeHart, Hanley, Kilpatrick, Varga, Wallace, Gustafson, DeVuyst, Fitzgerald, Goschka, Perricone, Richner, Voorhees,
Absent: Rep. Wojno,
Excused: Rep. Wojno.
The Committee on Colleges and Universities, by Rep. Cherry, Chair, reported
Senate Bill No. 614, entitled
A bill to amend 1966 PA 331, entitled "Community college act of 1966," (MCL 389.1 to 389.195) by adding sections 128, 129, 130, and 131.
With the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
SB 614 To Report Out:
Yeas: Reps. Cherry, Brown, Curtis, LeTarte, Scranton, Walberg,
Nays: None.
The Committee on Colleges and Universities, by Rep. Cherry, Chair, reported
Senate Bill No. 758, entitled
A bill to amend 1976 PA 451, entitled "The revised school code," (MCL 380.1 to 380.1852) by adding sections 1606b, 1606c, 1606d, and 1606e.
With the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
SB 758 To Report Out:
Yeas: Reps. Cherry, Brown, Curtis, LeTarte, Scranton, Walberg,
Nays: None.
The Committee on Colleges and Universities, by Rep. Cherry, Chair, reported
Senate Bill No. 759, entitled
A bill to amend 1933 (Ex Sess) PA 8, entitled "The Michigan liquor control act," by amending sections 1 and 33c (MCL 436.1 and 436.33c), section 1 as amended by 1983 PA 11 and section 33c as amended by 1995 PA 122.
With the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
SB 759 To Report Out:
Yeas: Reps. Cherry, Brown, Curtis, LeTarte, Scranton, Walberg,
Nays: None.
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Cherry, Chair of the Committee on Colleges and Universities, was received and read:
Meeting held on: Wednesday, February 18, 1998, at 10:30 a.m.,
Present: Reps. Cherry, Brown, Brater, Curtis, LeTarte, Scranton, Walberg,
Absent: Reps. Quarles, Dalman,
Excused: Reps. Quarles, Dalman.
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Bogardus, Vice-Chair of the Committee on Education, was received and read:
Meeting held on: Wednesday, February 18, 1998, at 12:00 Noon,
Present: Reps. Bogardus, Agee, Brown, Cherry, Kilpatrick, LaForge, Schauer, Scott, Dalman, Crissman, Cropsey, Jelinek, LeTarte, McNutt, Middleton,
Absent: Reps. Gire, Curtis,
Excused: Reps. Gire, Curtis.
Messages from the Senate
Senate Bill No. 565, entitled
A bill to amend chapter IX of 1927 PA 175, entitled "The code of criminal procedure," (MCL 769.1 to 769.34) by adding section 15.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Colleges and Universities.
Notices
Public Hearings
Subcommittee on MEAP
Date: Monday, February 23, 1998
Time: 3:00 p.m.
Place: Waterford Schools Administration Building, 6020 Pontiac Lake Road, Waterford, Michigan
Rep. Bogardus
Chair
Agenda: Fact finding on the Michigan Educational Assessment Program
and any/or all business properly before the subcommittee
Committee on Insurance
Date: Friday, February 27, 1998
Time: 7:00 p.m.
Place: City Council Chambers, 13615 Michigan Avenue, Dearborn, Michigan
Rep. Gubow
Chair
Agenda: House Bill No. 5491 - Insurance; no-fault Michigan catastrophic claims association; provide for certain rebates
and any/or all business properly before the committee
Subcommittee on MEAP
Date: Monday, March 9, 1998
Time: 3:30 p.m.
Place: Crestwood High School-Library, 1501 Beech-Daly Road, Dearborn Heights, Michigan
Rep. Bogardus
Chair
Agenda: Fact finding on the Michigan Educational Assessment Program
and any/or all business properly before the subcommittee
Messages from the Governor
The following message from the Governor, approving and signing the following bill at the time designated below, was received and read:
Date: February 17, 1998
Time: 9:21 a.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 5300 (Public Act No. 8, I.E.), being
An act to amend 1996 PA 522, entitled "An act to authorize the conveyance of the assets and liabilities of the state related to the operation of the Michigan biologic products institute; to authorize the state administrative board to approve the conveyance and to make determinations that certain conditions upon the conveyance have been met; to permit the acceptance of consideration in exchange for the conveyance; to make certain findings and determinations of the interest of the state relative to the conveyance; to authorize the state administrative board to approve certain agreements for continued services and products by certain state agencies to transferred facilities or to the state from the transferred facilities; to authorize the Michigan biologic products commission to negotiate and, upon concurrence of the state administrative board, approve certain agreements related to the conveyance of the assets and liabilities of the state associated with the Michigan biologic products institute, certain agreements for the marketing of the assets and liabilities, certain agreements for continued services and products, and certain agreements for the retention of rights, interests, and easements in certain conveyed assets; to authorize employees and employee based entities to bid for or make proposals to acquire the assets and liabilities of the state associated with the Michigan biologic products institute; to prescribe the powers and duties of certain public officers and certain state agencies and departments; to grant exclusive jurisdiction over claims related to the conveyance to the court of claims and to limit the time in which claims related to the conveyance or to the products produced by the Michigan biologic products institute may be brought; to provide for the disposition of the revenue derived from the conveyance; and to make an appropriation," by amending the title and sections 3 and 5 (MCL 333.26333 and 333.26335) and by adding sections 3a and 3b.
(Filed with the Secretary of State February 17, 1998, at 4:16 p.m.)
Introduction of Bills
Reps. Profit and Gagliardi introduced
House Bill No. 5581, entitled
A bill to amend 1937 PA 94, entitled "Use tax act," by amending section 2 (MCL 205.92), as amended by 1995 PA 208.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Rep. Profit introduced
House Bill No. 5582, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 5101 and 5111 (MCL 333.5101 and 333.5111), as amended by 1994 PA 200.
The bill was read a first time by its title and referred to the Committee on Agriculture.
Reps. Gubow, Nye, Raczkowski and Leland introduced
House Bill No. 5583, entitled
A bill to amend 1945 PA 327, entitled "Aeronautics code of the state of Michigan," by amending sections 20c and 24a (MCL 259.20c and 259.24a), as added by 1996 PA 370, and by adding chapter IA and section 20d.
The bill was read a first time by its title and referred to the Committee on Transportation.
Reps. Raczkowski, Gubow, Nye and Leland introduced
House Bill No. 5584, entitled
A bill to amend 1945 PA 327, entitled "Aeronautics code of the state of Michigan," by amending sections 86a and 89 (MCL 259.86a and 259.89), section 86a as added and section 89 as amended by 1996 PA 370.
The bill was read a first time by its title and referred to the Committee on Transportation.
Rep. Middleton introduced
House Bill No. 5585, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 627a (MCL 257.627a), as amended by 1996 PA 574.
The bill was read a first time by its title and referred to the Committee on Transportation.
Rep. Scranton introduced
House Bill No. 5586, entitled
A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 7cc (MCL 211.7cc), as amended by 1996 PA 476.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Rep. Lowe moved that the House adjourn.
The motion prevailed, the time being 3:10 p.m.
The Speaker declared the House adjourned until Thursday, February 19, at 10:00 a.m.
MARY KAY SCULLION
Clerk of the House of Representatives.