No. 77
STATE OF MICHIGAN
JOURNAL
OF THE
House of Representatives
89th Legislature
REGULAR SESSION OF 1998
House Chamber, Lansing, Thursday, November 12, 1998.
10:00 a.m.
The House was called to order by Acting Speaker DeHart.
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--excused
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--excused
Emerson--present
Fitzgerald--present
Frank--present
Freeman--present
Gagliardi--present
Galloway--present
Geiger--present
Gernaat--present
Gilmer--present
Gire--present
Godchaux--present
Goschka--present
Green--present
Griffin--absent
Gubow--present
Gustafson--present
Hale--present
Hammerstrom--present
Hanley--present
Harder--present
Hertel--present
Horton--present
Jansen--present
Jelinek--present
Jellema--present
Johnson--present
Kaza--present
Kelly--present
Kilpatrick--present
Kukuk--present
LaForge--present
Law--present
Leland--present
LeTarte--present
Llewellyn--present
London--present
Lowe--present
Mans--excused
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
Sanborn--present
Schauer--present
Schermesser--present
Schroer--present
Scott--excused
Scranton--present
Sikkema--present
Stallworth--present
Tesanovich--present
Thomas--present
Varga--present
Vaughn--excused
Voorhees--present
Walberg--present
Wallace--present
Wetters--present
Whyman--present
Willard--present
Wojno--present
e/d/s = entered during session
Rev. Richard Haferman, Pastor of First Congregation Church in Saugatuck, offered the following invocation:
"Thank you God for Your goodness. Thank you for the challenges of a new day, the challenge of making good decisions, the challenge of meeting the unknown and uncertain, the challenge to be people of integrity, the challenge of bringing love where there is hatred, harmony where there is discord, truth where there is error, and hope where there is despair. God, we need you.
Thank you for these elected women and men. In their work today, give them the persistence of a Pileated Woodpecker, the courage of a Spartan, the compassion of Jesus, the strength of a Wolverine, the patience of Job, the farsightedness of an Upper Peninsula eagle, the wisdom of Solomon, and the work ethic of an ant.
God, be in the beginning of this session through to the end, and in everyone's departing. Amen."
______
Rep. Hammerstrom moved that Reps. Bankes and Middaugh be excused from today's session.
The motion prevailed.
Rep. Gagliardi moved that Reps. Mans, Dobronski, Vaughn and Scott be excused from today's session.
The motion prevailed.
Notices
November 12, 1998
In accordance with House Rule 10, I hereby designate Representative Eileen DeHart, to be the Presiding Officer for all, or part of today's session.
Sincerely,
Curtis Hertel
Speaker of the House
______
The Speaker assumed the Chair.
By unanimous consent the House returned to the order of
Motions and Resolutions
The Speaker, on behalf of the entire membership of the House of Representatives, offered the following resolution:
House Resolution No. 391.
A resolution offered as a memorial for Perry Bullard, former member of the House of Representatives.
Whereas, The sudden passing of former Representative Perry Bullard has saddened many people throughout the Michigan Legislature and brought to an end the life of one of the most brilliant and unique individuals ever to serve this legislative body. We extend our heartfelt condolences to his family; and
Whereas, Educated at Harvard University and the University of Michigan Law School, Perry Bullard was a gentleman of great intellectual gifts who directed much of his public life to efforts to advance civil liberties in our society. A decorated veteran of the war in Vietnam who came to champion anti-war initiatives, he was never afraid of speaking out for individual rights, even when doing so aroused animosity or controversy. These characteristics, brilliance and unshakable commitment to personal rights, marked his two decades as a lawmaker; and
Whereas, The impact of Representative Bullard's accomplishments as a legislator extended far beyond his sometimes flamboyant style. He sponsored a remarkable number of public acts during his career. Many of these represent landmark changes in opening up government to all citizens. Concepts we take for granted today, like open meetings, freedom of information, access to personnel records, and the statutory will, all reflect the vision and lasting influence of Representative Bullard. Clearly, Perry Bullard, in his twenty years as a lawmaker and his service as the chair of the House Judiciary Committee, exerted a profound impact on our state; now, therefore, be it
Resolved by the House of Representatives, That we offer this expression of tribute in memory of Perry Bullard, who served this legislative body from 1973 to 1992; and be it further
Resolved, That copies of this resolution be transmitted to his family as evidence of our deep sympathies.
The question being on the adoption of the resolution,
The resolution was adopted by a unanimous standing vote.
______
Rep. Frank moved that Rep. Brewer be excused temporarily from today's session.
The motion prevailed.
Acting Speaker DeHart resumed the Chair.
Reports of Select Committees
The Speaker laid before the House the conference report relative to
Senate Bill No. 184, entitled
A bill to amend 1973 PA 116, entitled "An act to provide for the protection of children through the licensing and regulation of child care organizations; to provide for the establishment of standards of care for child care organizations; to prescribe powers and duties of the department of social services and adoption facilitators; to provide penalties; and to repeal certain acts and parts of acts," by amending section 2a (MCL 722.112a), as added by 1994 PA 349.
(The conference report was received from the Senate on November 10, consideration of which, under the rules, was postponed until today.)
(For conference report, see House Journal No. 76, p. 2316.)
The question being on the adoption of the conference report,
The conference report was adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 955 Yeas--97
Agee Fitzgerald Kelly Profit
Alley Frank Kilpatrick Prusi
Anthony Freeman Kukuk Quarles
Baade Gagliardi LaForge Raczkowski
Baird Galloway Law Rhead
Basham Geiger LeTarte Richner
Birkholz Gernaat Llewellyn Rison
Bobier Gilmer London Rocca
Bodem Gire Lowe Sanborn
Bogardus Godchaux Martinez Schauer
Brackenridge Goschka Mathieu Schermesser
Brater Green McBryde Schroer
Brown Gubow McManus Scranton
Byl Gustafson McNutt Sikkema
Callahan Hale Middleton Stallworth
Cassis Hammerstrom Murphy Tesanovich
Cherry Hanley Nye Varga
Ciaramitaro Harder Olshove Voorhees
Crissman Horton Owen Walberg
Cropsey Jansen Oxender Wallace
Curtis Jelinek Palamara Wetters
Dalman Jellema Parks Whyman
DeHart Johnson Perricone Willard
DeVuyst Kaza Price Wojno
Dobb
Nays--0
In The Chair: DeHart
Reports of Standing Committees
The Speaker laid before the House
House Resolution No. 276.
A resolution to urge the Department of Transportation to update the equipment at all weigh stations and to make them fully operational.
(For text of resolution, see House Journal No. 40, p. 852.)
(The resolution was reported by the Committee on Transportation on November 10, with amendment, consideration of which was postponed until today under the rules.)
(For amendment, see House Journal No. 76, p. 2318.)
The question being on the adoption of the proposed amendment recommended by the Committee,
The amendment was adopted, a majority of the members serving voting therefor.
The question being on the adoption of the resolution,
The resolution was adopted, a majority of the members serving voting therefor.
The Speaker laid before the House
House Concurrent Resolution No. 99.
A concurrent resolution to urge the Department of Transportation to update the equipment at all weigh stations and to make them fully operational.
(For text of resolution, see House Journal No. 40, p. 855.)
(The resolution was reported by the Committee on Transportation on November 10, with amendment, consideration of which was postponed until today under the rules.)
(For amendment, see House Journal No. 76, p. 2318.)
The question being on the adoption of the proposed amendment recommended by the Committee,
The amendment was adopted, a majority of the members serving voting therefor.
The question being on the adoption of the concurrent resolution,
The concurrent resolution was adopted, a majority of the members serving voting therefor.
Third Reading of Bills
Senate Bill No. 1148, entitled
A bill to amend 1972 PA 239, entitled "McCauley-Traxler-Law-Bowman-McNeely lottery act," by amending section 12 (MCL 432.12), as amended by 1996 PA 167.
(The bill was read a third time and postponed temporarily on September 24, see House Journal No. 74, p. 2189.)
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. 956 Yeas--97
Agee Emerson Kelly Profit
Alley Fitzgerald Kilpatrick Prusi
Anthony Frank Kukuk Quarles
Baade Freeman LaForge Raczkowski
Baird Gagliardi Law Rhead
Basham Galloway Leland Richner
Birkholz Geiger LeTarte Rison
Bobier Gernaat Llewellyn Rocca
Bodem Gilmer London Sanborn
Bogardus Gire Lowe Schauer
Brackenridge Godchaux Mathieu Schermesser
Brater Goschka McBryde Schroer
Brown Green McManus Scranton
Byl Gubow McNutt Sikkema
Callahan Gustafson Middleton Stallworth
Cassis Hale Murphy Tesanovich
Cherry Hammerstrom Nye Thomas
Ciaramitaro Hanley Olshove Varga
Crissman Harder Owen Walberg
Cropsey Jansen Oxender Wallace
Curtis Jelinek Palamara Wetters
Dalman Jellema Parks Whyman
DeHart Johnson Perricone Willard
DeVuyst Kaza Price Wojno
Dobb
Nays--2
Horton Voorhees
In The Chair: DeHart
Pursuant to Joint Rule 20, the full title of the act shall read as follows:
"An act to establish and operate a state lottery and to allow state participation in certain lottery-related joint enterprises with other sovereignties; to create a bureau of state lottery and to prescribe its powers and duties; to prescribe certain powers and duties of other state departments and agencies; to license and regulate certain sales agents; to create the state lottery fund; to provide for the distribution of lottery revenues and earnings for certain purposes; to provide for an appropriation; and to provide for remedies and penalties,".
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.
Second Reading of Bills
Senate Bill No. 152, entitled
A bill to amend 1980 PA 350, entitled "The nonprofit health care corporation reform act," (MCL 550.1101 to 550.1704) by adding section 401f.
The bill was read a second time.
Rep. Palamara moved to amend the bill as follows:
1. Amend page 2, line 3, by striking out all of enacting section 1.
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Gagliardi 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
Third Reading of Bills
Senate Bill No. 152, entitled
A bill to amend 1980 PA 350, entitled "The nonprofit health care corporation reform act," (MCL 550.1101 to 550.1704) by adding section 401f.
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--100
Agee Emerson Kelly Profit
Alley Fitzgerald Kilpatrick Prusi
Anthony Frank Kukuk Quarles
Baade Freeman LaForge Raczkowski
Baird Gagliardi Law Rhead
Basham Galloway Leland Richner
Birkholz Geiger LeTarte Rison
Bobier Gernaat Llewellyn Rocca
Bodem Gilmer London Sanborn
Bogardus Gire Lowe Schauer
Brackenridge Godchaux Martinez Schermesser
Brater Goschka Mathieu Schroer
Brown Green McBryde Scranton
Byl Gubow McManus Sikkema
Callahan Gustafson McNutt Stallworth
Cassis Hale Middleton Tesanovich
Cherry Hammerstrom Murphy Thomas
Ciaramitaro Hanley Nye Varga
Crissman Harder Olshove Voorhees
Cropsey Horton Owen Walberg
Curtis Jansen Oxender Wallace
Dalman Jelinek Palamara Wetters
DeHart Jellema Parks Whyman
DeVuyst Johnson Perricone Willard
Dobb Kaza Price Wojno
Nays--0
In The Chair: DeHart
Pursuant to Joint Rule 20, the full title of the act shall read as follows:
"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,".
The House agreed to the full title.
Second Reading of Bills
House Bill No. 5546, entitled
A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending section 30 (MCL 206.30), as amended by 1997 PA 86; 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 Tax Policy,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Dobb 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
Third Reading of Bills
House Bill No. 5546, entitled
A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending section 30 (MCL 206.30), as amended by 1997 PA 86; 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. Hanley moved that consideration of the bill be postponed temporarily.
The motion prevailed.
______
Rep. Alley asked and obtained a temporary excuse from today's session.
Rep. Hammerstrom moved that Rep. Gustafson be excused temporarily from today's session.
The motion prevailed.
By unanimous consent the House returned to the order of
Messages from the Senate
House Bill No. 5400, entitled
A bill to amend 1995 PA 279, entitled "Horse racing law of 1995," by amending sections 10, 17, and 18 (MCL 431.310, 431.317, and 431.318).
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 1995 PA 279, entitled "An act to license and regulate the conducting of horse race meetings in this state with pari-mutuel wagering on the results of horse races and persons involved in horse racing and pari-mutuel gaming activities at such race meetings; to create the office of racing commissioner; to prescribe the powers and duties of the racing commissioner; to prescribe certain powers and duties of the department of agriculture and the director of the department of agriculture; to provide for the promulgation of rules; to provide for the imposition of taxes and fees and the disposition of revenues; to impose certain taxes; to create funds; to legalize and permit the pari-mutuel method of wagering on the results of live and simulcast races at licensed race meetings in this state; to appropriate the funds derived from pari-mutuel wagering on the results of horse races at licensed race meetings in this state; to prescribe remedies and penalties; and to repeal acts and parts of acts," by amending sections 10, 14, 17, and 18 (MCL 431.310, 431.314, 431.317, and 431.318) and by adding section 19a.
The Speaker announced that pursuant to Rule 45, the bill was laid over one day.
Rep. Gagliardi moved that Rule 45 be suspended.
The motion prevailed, 3/5 of the members present voting therefor.
The question being on concurring in the substitute (S-1) made to the bill by the Senate,
Rep. Voorhees moved that consideration of the bill be postponed temporarily.
The motion prevailed.
The Speaker laid before the House
House Bill No. 5271, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending sections 2 and 3 of chapter X and sections 34, 43, and 44 of chapter XIV (MCL 770.2, 770.3, 774.34, 774.43, and 774.44), section 2 of chapter X as amended by 1981 PA 205, section 3 of chapter X as amended by 1994 PA 374, and sections 34, 43, and 44 of chapter XIV as amended by 1980 PA 506.
(The bill was received from the Senate on November 5 with amendment, consideration of which, under the rules, was postponed until November 10, see House Journal No. 75, p. 2281.)
The question being on concurring in the adoption of the amendment made to the bill by the Senate,
The amendment was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 958 Yeas--89
Alley Frank Kukuk Prusi
Anthony Freeman Law Quarles
Baade Gagliardi Leland Raczkowski
Baird Galloway LeTarte Richner
Basham Geiger Llewellyn Rocca
Birkholz Gernaat London Sanborn
Bobier Gire Lowe Schauer
Bodem Goschka Martinez Schermesser
Bogardus Green Mathieu Schroer
Brackenridge Gubow McBryde Scranton
Brown Hale McManus Sikkema
Byl Hammerstrom McNutt Stallworth
Callahan Hanley Middleton Tesanovich
Cassis Hertel Murphy Thomas
Cherry Horton Nye Varga
Crissman Jansen Olshove Voorhees
Cropsey Jelinek Owen Walberg
Curtis Jellema Oxender Wallace
Dalman Johnson Palamara Wetters
DeHart Kaza Parks Whyman
DeVuyst Kelly Perricone Willard
Dobb Kilpatrick Price Wojno
Fitzgerald
Nays--0
In The Chair: DeHart
The House agreed to the full title.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
The Speaker laid before the House
Senate Bill No. 752, entitled
A bill to amend 1956 PA 5, entitled "Michigan uniform municipal court act," by amending section 23 (MCL 730.523) and by adding section 23a.
(The bill was received from the Senate on November 5, with amendment to House amendment No. 2, full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until November 10, see House Journal No. 75, p. 2281.)
The question being on concurring in the adoption of the amendment to House amendment No. 2 made to the bill by the Senate,
The amendment was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 959 Yeas--95
Alley Fitzgerald Kilpatrick Prusi
Anthony Frank Kukuk Raczkowski
Baade Freeman LaForge Rhead
Baird Gagliardi Law Richner
Basham Galloway Leland Rison
Birkholz Geiger LeTarte Rocca
Bobier Gernaat Llewellyn Sanborn
Bodem Gilmer London Schauer
Bogardus Gire Lowe Schermesser
Brackenridge Godchaux Martinez Schroer
Brater Goschka Mathieu Scranton
Brown Green McBryde Sikkema
Byl Gubow McManus Stallworth
Callahan Hale McNutt Tesanovich
Cassis Hammerstrom Middleton Thomas
Cherry Hanley Murphy Varga
Ciaramitaro Harder Nye Voorhees
Crissman Horton Olshove Walberg
Cropsey Jansen Owen Wallace
Curtis Jelinek Oxender Wetters
Dalman Jellema Palamara Whyman
DeHart Johnson Perricone Willard
DeVuyst Kaza Price Wojno
Dobb Kelly Profit
Nays--0
In The Chair: DeHart
The Speaker laid before the House
House Bill No. 4044, entitled
A bill to amend 1961 PA 236, entitled "An act to revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of such courts, and of the judges and other officers thereof; the forms and attributes of civil claims and actions; the time within which civil actions and proceedings may be brought in said courts; pleading, evidence, practice and procedure in civil and criminal actions and proceedings in said courts; to provide remedies and penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with, or contravening any of the provisions of this act," (MCL 600.101 to 600.9948) by adding sections 2965, 2966, and 2967.
(The bill was received from the Senate on September 24, with amendment to House amendments, consideration of which, under the rules, was postponed until November 5, see House Journal No. 74, p. 2271.)
The question being on concurring in the adoption of the amendment made to the House amendments by the Senate,
The amendment was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 960 Yeas--74
Alley Geiger Leland Raczkowski
Baade Gernaat LeTarte Rhead
Baird Gilmer Llewellyn Richner
Birkholz Godchaux London Rocca
Bobier Goschka Lowe Sanborn
Bodem Green McBryde Schauer
Brackenridge Hammerstrom McManus Schroer
Byl Harder McNutt Scranton
Cassis Hertel Middleton Sikkema
Crissman Horton Murphy Tesanovich
Cropsey Jansen Nye Thomas
Curtis Jelinek Olshove Varga
Dalman Jellema Owen Voorhees
DeVuyst Johnson Oxender Walberg
Dobb Kaza Perricone Wallace
Fitzgerald Kelly Price Wetters
Frank Kilpatrick Profit Whyman
Gagliardi Kukuk Quarles Wojno
Galloway Law
Nays--24
Anthony Ciaramitaro Hale Parks
Basham DeHart Hanley Prusi
Brater Emerson LaForge Rison
Brown Freeman Martinez Schermesser
Callahan Gire Mathieu Stallworth
Cherry Gubow Palamara Willard
In The Chair: DeHart
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
Third Reading of Bills
Senate Bill No. 1086, entitled
A bill to amend 1986 PA 268, entitled "Legislative council act," (MCL 4.1101 to 4.1901) by adding section 204f.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 961 Yeas--96
Alley Fitzgerald Kilpatrick Profit
Anthony Frank Kukuk Prusi
Baade Freeman LaForge Quarles
Baird Gagliardi Law Raczkowski
Birkholz Galloway Leland Rhead
Bobier Geiger LeTarte Richner
Bodem Gernaat Llewellyn Rison
Bogardus Gilmer London Rocca
Brackenridge Gire Lowe Sanborn
Brater Godchaux Martinez Schauer
Brown Goschka Mathieu Schermesser
Byl Green McBryde Schroer
Callahan Gubow McManus Scranton
Cassis Gustafson McNutt Sikkema
Cherry Hale Middleton Stallworth
Ciaramitaro Hammerstrom Murphy Tesanovich
Crissman Hanley Nye Varga
Cropsey Harder Olshove Voorhees
Curtis Horton Owen Walberg
Dalman Jansen Oxender Wallace
DeHart Jelinek Palamara Wetters
DeVuyst Jellema Parks Whyman
Dobb Johnson Perricone Willard
Emerson Kaza Price Wojno
Nays--0
In The Chair: DeHart
Pursuant to Joint Rule 20, the full title of the act shall read as follows:
"An act to create the legislative council; to prescribe its membership, powers, and duties; to create a legislative service bureau to provide staff services to the legislature and the council; to provide for operation of legislative parking facilities; to create funds; to provide for the expenditure of appropriated funds by legislative council agencies; to authorize the sale of access to certain computerized data bases; to establish fees; to create the Michigan commission on uniform state laws; to create a law revision commission; to create a senate fiscal agency and a house fiscal agency; to create a Michigan capitol committee; to create a commission on intergovernmental relations; to prescribe the powers and duties of certain state agencies and departments; to repeal certain acts and parts of acts; 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.
Rep. Kelly moved that Rep. Thomas be excused from the balance of today's session.
The motion prevailed.
Senate Bill No. 1087, entitled
A bill to amend 1986 PA 268, entitled "Legislative council act," (MCL 4.1101 to 4.1901) by adding section 204c.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 962 Yeas--90
Alley Dobb Kelly Quarles
Anthony Emerson Kilpatrick Raczkowski
Baade Fitzgerald Kukuk Rhead
Baird Frank Law Richner
Basham Freeman Leland Rison
Birkholz Gagliardi Llewellyn Rocca
Bobier Galloway London Sanborn
Bodem Geiger Lowe Schauer
Bogardus Gernaat Mathieu Schermesser
Brackenridge Gilmer McBryde Schroer
Brater Gire McManus Scranton
Brown Godchaux McNutt Sikkema
Byl Goschka Middleton Stallworth
Callahan Green Murphy Tesanovich
Cassis Gubow Nye Varga
Cherry Hale Owen Voorhees
Ciaramitaro Hammerstrom Oxender Walberg
Crissman Harder Palamara Wallace
Cropsey Horton Parks Wetters
Curtis Jansen Perricone Whyman
Dalman Jelinek Profit Willard
DeHart Johnson Prusi Wojno
DeVuyst Kaza
Nays--0
In The Chair: DeHart
Pursuant to Joint Rule 20, the full title of the act shall read as follows:
"An act to create the legislative council; to prescribe its membership, powers, and duties; to create a legislative service bureau to provide staff services to the legislature and the council; to provide for operation of legislative parking facilities; to create funds; to provide for the expenditure of appropriated funds by legislative council agencies; to authorize the sale of access to certain computerized data bases; to establish fees; to create the Michigan commission on uniform state laws; to create a law revision commission; to create a senate fiscal agency and a house fiscal agency; to create a Michigan capitol committee; to create a commission on intergovernmental relations; to prescribe the powers and duties of certain state agencies and departments; to repeal certain acts and parts of acts; 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. 1088, entitled
A bill to amend 1986 PA 268, entitled "Legislative council act," (MCL 4.1101 to 4.1901) by adding section 204d.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 963 Yeas--94
Alley Emerson Kilpatrick Profit
Anthony Fitzgerald Kukuk Prusi
Baade Frank LaForge Quarles
Baird Freeman Law Raczkowski
Basham Gagliardi Leland Rhead
Birkholz Galloway LeTarte Richner
Bobier Geiger Llewellyn Rison
Bodem Gernaat London Rocca
Bogardus Gilmer Lowe Sanborn
Brackenridge Gire Martinez Schauer
Brater Godchaux McBryde Schermesser
Brown Goschka McManus Schroer
Byl Green McNutt Scranton
Callahan Gubow Middleton Sikkema
Cassis Gustafson Murphy Stallworth
Cherry Hale Nye Tesanovich
Ciaramitaro Hammerstrom Olshove Varga
Crissman Hanley Owen Voorhees
Cropsey Horton Oxender Walberg
Curtis Jansen Palamara Wallace
Dalman Jelinek Parks Wetters
DeHart Jellema Perricone Willard
DeVuyst Johnson Price Wojno
Dobb Kaza
Nays--0
In The Chair: DeHart
Pursuant to Joint Rule 20, the full title of the act shall read as follows:
"An act to create the legislative council; to prescribe its membership, powers, and duties; to create a legislative service bureau to provide staff services to the legislature and the council; to provide for operation of legislative parking facilities; to create funds; to provide for the expenditure of appropriated funds by legislative council agencies; to authorize the sale of access to certain computerized data bases; to establish fees; to create the Michigan commission on uniform state laws; to create a law revision commission; to create a senate fiscal agency and a house fiscal agency; to create a Michigan capitol committee; to create a commission on intergovernmental relations; to prescribe the powers and duties of certain state agencies and departments; to repeal certain acts and parts of acts; 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.
House Bill No. 5238, entitled
A bill to amend 1953 PA 181, entitled "An act relative to investigations in certain instances of the causes of death within this state due to violence, negligence or other act or omission of a criminal nature or to protect public health; to provide for the taking of statements from injured persons under certain circumstances; to abolish the office of coroner and to create the office of county medical examiner in certain counties; to prescribe the powers and duties of county medical examiners; to prescribe penalties for violations of the provisions of this act; and to prescribe a referendum thereon," by amending sections 2, 3, and 5 (MCL 52.202, 52.203, and 52.205), section 5 as amended by 1980 PA 401.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 964 Yeas--95
Alley Fitzgerald Kelly Price
Anthony Frank Kilpatrick Profit
Baade Freeman Kukuk Prusi
Baird Gagliardi LaForge Quarles
Basham Galloway Law Raczkowski
Birkholz Geiger Leland Rhead
Bobier Gernaat LeTarte Richner
Bodem Gilmer Llewellyn Rison
Bogardus Gire London Rocca
Brackenridge Godchaux Lowe Sanborn
Brater Goschka Martinez Schauer
Brown Green Mathieu Schermesser
Byl Gubow McBryde Scranton
Callahan Gustafson McManus Sikkema
Cassis Hale McNutt Stallworth
Cherry Hammerstrom Middleton Tesanovich
Ciaramitaro Hanley Murphy Voorhees
Crissman Harder Nye Walberg
Cropsey Horton Olshove Wallace
Curtis Jansen Owen Wetters
Dalman Jelinek Oxender Whyman
DeHart Jellema Palamara Willard
DeVuyst Johnson Parks Wojno
Dobb Kaza Perricone
Nays--1
Schroer
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 1953 PA 181, entitled "An act relative to investigations in certain instances of the causes of death within this state due to violence, negligence or other act or omission of a criminal nature or to protect public health; to provide for the taking of statements from injured persons under certain circumstances; to abolish the office of coroner and to create the office of county medical examiner in certain counties; to prescribe the powers and duties of county medical examiners; to prescribe penalties for violations of the provisions of this act; and to prescribe a referendum thereon," by amending sections 2, 3, and 5 (MCL 52.202, 52.203, and 52.205), section 5 as amended by 1980 PA 401, and by adding section 5b.
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.
House Bill No. 6034, entitled
A bill to amend 1975 PA 238, entitled "Child protection law," by amending section 7 (MCL 722.627), as amended by 1997 PA 168.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 965 Yeas--95
Alley Fitzgerald Kilpatrick Profit
Anthony Frank Kukuk Prusi
Baade Freeman LaForge Quarles
Baird Gagliardi Law Raczkowski
Basham Galloway Leland Rhead
Birkholz Geiger LeTarte Richner
Bobier Gernaat Llewellyn Rison
Bodem Gilmer London Rocca
Bogardus Gire Lowe Sanborn
Brackenridge Godchaux Martinez Schauer
Brater Goschka Mathieu Schermesser
Brown Green McBryde Schroer
Byl Gubow McManus Scranton
Callahan Gustafson McNutt Sikkema
Cassis Hale Middleton Stallworth
Cherry Hammerstrom Murphy Tesanovich
Ciaramitaro Hanley Nye Voorhees
Crissman Harder Olshove Walberg
Cropsey Horton Owen Wallace
Curtis Jansen Oxender Wetters
Dalman Jelinek Palamara Whyman
DeHart Jellema Parks Willard
DeVuyst Johnson Perricone Wojno
Dobb Kelly Price
Nays--0
In The Chair: DeHart
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.
Reps. Alley, Anthony, Baade, Baird, Basham, Birkholz, Bodem, Bogardus, Brackenridge, Brown, Callahan, Cassis, Ciaramitaro, Crissman, Dalman, DeHart, Dobb, Goschka, Hammerstrom, Jelinek, Johnson, Kukuk, LaForge, Law, London, McBryde, Oxender, Palamara, Profit, Prusi, Rocca, Sanborn, Schauer, Scranton, Sikkema, Tesanovich and Wojno were named co-sponsors of the bill.
Second Reading of Bills
Senate Bill No. 5, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 11151 (MCL 324.11151).
The bill was read a second time.
Rep. Gagliardi 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. 375, entitled
A bill to amend 1921 PA 302, entitled "An act to provide for the supervision of private, denominational and parochial schools; to provide the manner of securing funds in payment of the expense of such supervision; to provide the qualifications of the teachers in such schools; and to provide for the endorsement of the provisions hereof," by amending section 8 (MCL 388.558).
(The bill was read a second time and postponed temporarily on February 24, see House Journal No. 17, p. 275.)
Rep. Gagliardi 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. 378, entitled
A bill to amend 1967 PA 291, entitled "An act to authorize state universities and colleges to enact parking, traffic and pedestrian ordinances and to provide for the enforcement of the ordinances; and to dispose of fines collected," by amending sections 1 and 2a (MCL 390.891 and 390.892a), section 1 as amended by 1992 PA 229 and section 2a as amended by 1991 PA 42.
The bill was read a second time.
Rep. Gagliardi 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. 379, entitled
A bill to amend 1979 PA 218, entitled "Adult foster care facility licensing act," by amending sections 3 and 6 (MCL 400.703 and 400.706), as amended by 1996 PA 194.
The bill was read a second time.
Rep. Gagliardi 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. 380, entitled
A bill to amend 1990 PA 325, entitled "Michigan museum act," by amending sections 110 and 210 (MCL 399.410 and 399.510).
The bill was read a second time.
Rep. Gagliardi 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. 4674, entitled
A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 147b (MCL 750.147b), as added by 1988 PA 371.
The bill was read a second time.
Rep. Crissman moved to amend the bill as follows:
1. Amend page 2, following line 6, by inserting:
"(3) A TERM OF IMPRISONMENT IMPOSED FOR FELONIOUS INTIMIDATION SHALL BE SERVED IN ADDITION TO, CONSECUTIVE WITH, AND BEFORE A TERM OF IMPRISONMENT IMPOSED FOR ANY OTHER FELONY OR ATTEMPTED FELONY CONVICTION THAT ARISES OUT OF THE SAME TRANSACTION OR OCCURRENCE FROM WHICH THE FELONIOUS INTIMIDATION CONVICTION AROSE." and renumbering the remaining subsection.
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Martinez 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. Harder asked and obtained an excuse from the balance of today's session.
By unanimous consent the House returned to the order of
Third Reading of Bills
Rep. Gagliardi moved that House Bill No. 4674 be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
House Bill No. 4674, entitled
A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 147b (MCL 750.147b), as added by 1988 PA 371.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 966 Yeas--57
Alley Emerson Kelly Profit
Anthony Fitzgerald Kilpatrick Prusi
Baird Freeman LaForge Quarles
Basham Gagliardi Leland Rison
Bobier Gilmer LeTarte Schauer
Bogardus Gire Martinez Schermesser
Brackenridge Godchaux Mathieu Schroer
Brater Gubow McNutt Scranton
Byl Hale Middleton Stallworth
Cherry Hammerstrom Murphy Tesanovich
Ciaramitaro Hanley Owen Varga
Crissman Hertel Palamara Wallace
Curtis Jellema Parks Wetters
DeHart Johnson Price Willard
Dobb
Nays--38
Baade Gernaat London Rhead
Birkholz Goschka Lowe Richner
Brown Green McBryde Rocca
Cassis Gustafson McManus Sanborn
Cropsey Horton Nye Sikkema
Dalman Jansen Olshove Voorhees
DeVuyst Jelinek Oxender Walberg
Frank Kaza Perricone Whyman
Galloway Kukuk Raczkowski Wojno
Geiger Llewellyn
In The Chair: DeHart
The House agreed to the title of the bill.
Reps. Alley, Crissman, Dobb, Gilmer, Gire, Hale, Johnson, Kelly, Leland, Murphy, Parks, Price, Profit, Quarles and Stallworth were named co-sponsors of the bill.
______
Rep. Goschka, having reserved the right to explain his protest against the passage of the bill, made the following statement:
"Mr. Speaker and members of the House:
I voted against House Bill 4674 because it creates a special class of citizens out of homosexuals and lesbians. HB4674 says that the same crimes committed against homosexuals and lesbians are more serious than when they are committed against heterosexuals. This is extremely flawed thinking!
Why should a particular crime committed against a homosexual or lesbian be considered as more serious than that committed against a heterosexual? Should there not be equal protection under the law?
I oppose any and all crimes committed against anyone regardless of whether they are homosexual, lesbian or heterosexual, and I strongly oppose favoring one segment of society over that of another.
In summation, it is ludicrous to me that this House has just given its approval to the notion that crimes committed against some people are worse than if they were committed against others. I would rather err on the side of protecting all citizens from criminal acts and not just a select few. A crime is a crime is a crime is a crime--regardless of who it is committed against!"
______
Rep. Schermesser asked and obtained an excuse from the balance of today's session.
Second Reading of Bills
House Bill No. 6033, entitled
A bill to authorize the department of natural resources and the state transportation department to convey certain parcels of state owned property in Roscommon county; to prescribe conditions for the conveyances; and to provide for disposition of the revenue from the conveyances.
Was read a second time, and the question being on the adoption of the proposed substitute (H-3) previously recommended by the Committee on Regulatory Affairs,
The substitute (H-3) was adopted, a majority of the members serving voting therefor.
Rep. Price moved to substitute (H-5) the bill.
The motion prevailed and the substitute (H-5) was adopted, a majority of the members serving voting therefor.
Rep. Gernaat 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
Third Reading of Bills
House Bill No. 6033, entitled
A bill to authorize the department of natural resources and the state transportation department to convey certain parcels of state owned property in Roscommon county; to prescribe conditions for the conveyances; and to provide for disposition of the revenue from the conveyances.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 967 Yeas--87
Alley Frank Kilpatrick Prusi
Anthony Freeman Kukuk Quarles
Baade Gagliardi Law Raczkowski
Basham Galloway LeTarte Rhead
Birkholz Geiger Llewellyn Richner
Bobier Gernaat London Rison
Bodem Gilmer Lowe Rocca
Bogardus Gire Martinez Sanborn
Brackenridge Godchaux Mathieu Schauer
Brater Goschka McBryde Scranton
Brown Green McManus Sikkema
Byl Gubow McNutt Stallworth
Callahan Gustafson Middleton Tesanovich
Cassis Hale Murphy Varga
Crissman Hammerstrom Nye Voorhees
Cropsey Hertel Olshove Walberg
Curtis Horton Oxender Wallace
Dalman Jansen Palamara Wetters
DeHart Jelinek Parks Whyman
DeVuyst Jellema Perricone Willard
Dobb Johnson Price Wojno
Fitzgerald Kaza Profit
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 authorize the state administrative board to convey certain parcels of state owned property in Oakland county; to provide for certain powers and duties of the department of management and budget and certain municipalities in regard to that property; to prescribe conditions for the conveyances; and to provide for disposition of the revenue derived from the conveyances.
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.
Second Reading of Bills
Senate Bill No. 479, entitled
A bill to amend 1967 PA 281, entitled "Income tax act of 1967," (MCL 206.1 to 206.532) by adding section 266.
Was read a second time, and the question being on the adoption of the proposed substitute (H-4) previously recommended by the Committee on Health Policy,
The substitute (H-4) was adopted, a majority of the members serving voting therefor.
Rep. Profit moved to amend the bill as follows:
1. Amend page 3, line 1, after "PHYSICIAN," by inserting "DENTIST,".
2. Amend page 3, line 22, after "PHYSICIANS," by inserting "DENTISTS,".
3. Amend page 4, following line 4, by inserting:
"(B) "DENTIST" MEANS THAT TERM AS DEFINED IN SECTION 16601 OF THE PUBLIC HEALTH CODE, 1978 PA 368, MCL 333.16601." and relettering the remaining subdivisions.
4. Amend page 4, line 9, after "PHYSICIAN," by inserting "DENTIST,".
5. Amend page 4, following line 16, by inserting:
"(vi) DENTISTRY.".
6. Amend page 5, line 2, after "PHYSICIAN," by inserting "DENTIST,".
7. Amend page 5, following line 9, by inserting:
"(vi) DENTISTRY.".
8. Amend page 5, line 16, after "PHYSICIAN," by inserting "DENTIST,".
9. Amend page 5, line 20, after "PHYSICIAN," by inserting "DENTIST,".
10. Amend page 6, line 1, after "PHYSICIAN," by inserting "DENTIST,".
11. Amend page 6, line 2, after "PHYSICIAN," by inserting "DENTIST,".
The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.
Rep. Thomas moved to amend the bill as follows:
1. Amend page 4, line 2, by striking out all of subdivision (a) and relettering the remaining subdivisions.
2. Amend page 5, line 17, after "MIDWIFE" by striking out the balance of the line through "AND" on line 18.
The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.
Reps. Palamara and Law moved to amend the bill as follows:
1. Amend page 3, line 1, after "ASSISTANT," by inserting "DENTIST,".
2. Amend page 3, line 23, after "ASSISTANTS," by inserting "DENTISTS,".
3. Amend page 4, line 10, after "ASSISTANT," by inserting "DENTIST,".
4. Amend page 4, following line 16, by inserting:
"(vi) GENERAL DENTISTRY.".
5. Amend page 5, line 3, after "ASSISTANT," by inserting "DENTIST,".
6. Amend page 5, following line 9, by inserting:
"(vi) GENERAL DENTISTRY.".
7. Amend page 5, line 19, after "CONDITIONS" by inserting "OR A DENTIST WHO MEETS EITHER OF THE FOLLOWING CONDITIONS".
8. Amend page 5, line 20, after "ASSISTANT," by inserting "DENTIST,".
9. Amend page 6, line 1, after "ASSISTANT," by inserting "DENTIST,".
10. Amend page 6, line 3, after "ASSISTANT," by inserting "DENTIST,".
The question being on the adoption of the amendments offered by Reps. Palamara and Law,
Rep. Palamara moved that amendment No. 7 be considered separately.
The motion prevailed.
The question being on the adoption of amendment Nos. 1-6 and 9-10 offered by Reps. Palamara and Law,
Rep. Palamara withdrew the amendments.
The question being on the adoption of amendment No. 7 offered by Reps. Palamara and Law,
The amendment was adopted, a majority of the members serving voting therefor.
Rep. Gagliardi 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
Third Reading of Bills
Senate Bill No. 479, entitled
A bill to amend 1967 PA 281, entitled "Income tax act of 1967," (MCL 206.1 to 206.532) by adding section 266.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 968 Yeas--86
Alley Emerson Kukuk Perricone
Anthony Fitzgerald LaForge Price
Baade Frank Law Profit
Baird Gagliardi Leland Prusi
Basham Galloway LeTarte Quarles
Birkholz Geiger Llewellyn Raczkowski
Bobier Gernaat London Rhead
Bodem Gilmer Lowe Richner
Bogardus Gire Martinez Rison
Brackenridge Godchaux Mathieu Rocca
Brater Goschka McBryde Sanborn
Brown Green McManus Schauer
Byl Hale McNutt Schroer
Callahan Hammerstrom Middleton Stallworth
Cassis Hanley Murphy Tesanovich
Cherry Jansen Nye Varga
Crissman Jelinek Olshove Walberg
Cropsey Jellema Owen Wetters
Curtis Johnson Oxender Whyman
DeHart Kaza Palamara Willard
DeVuyst Kelly Parks Wojno
Dobb Kilpatrick
Nays--8
Ciaramitaro Gubow Horton Sikkema
Freeman Gustafson Scranton Voorhees
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 1967 PA 281, entitled "An act to meet deficiencies in state funds by providing for the imposition, levy, computation, collection, assessment, and enforcement by lien and otherwise of taxes on or measured by net income; to prescribe the manner and time of making reports and paying the taxes, and the functions of public officers and others as to the taxes; to permit the inspection of the records of taxpayers; to provide for interest and penalties on unpaid taxes; to provide exemptions, credits and refunds of the taxes; to prescribe penalties for the violation of this act; to provide an appropriation; and to repeal certain acts and parts of acts," (MCL 206.1 to 206.532) by adding section 267.
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.
Second Reading of Bills
House Bill No. 6047, entitled
A bill to amend 1975 PA 228, entitled "Single business tax act," (MCL 208.1 to 208.145) by adding section 39c.
Was read a second time, and the question being on the adoption of the proposed substitute (H-3) previously recommended by the Committee on Tax Policy,
The substitute (H-3) was adopted, a majority of the members serving voting therefor.
Reps. Brackenridge and Wojno moved to amend the bill as follows:
1. Amend page 1, line 2, after "1," by striking out "2009" and inserting "2004".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Brackenridge 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
Third Reading of Bills
House Bill No. 6047, entitled
A bill to amend 1975 PA 228, entitled "Single business tax act," (MCL 208.1 to 208.145) by adding section 39c.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 969 Yeas--96
Alley Fitzgerald Kelly Price
Anthony Frank Kilpatrick Profit
Baade Freeman Kukuk Prusi
Baird Gagliardi LaForge Quarles
Basham Galloway Law Raczkowski
Birkholz Geiger Leland Rhead
Bobier Gernaat LeTarte Richner
Bodem Gilmer Llewellyn Rison
Bogardus Gire London Rocca
Brackenridge Godchaux Lowe Sanborn
Brater Goschka Martinez Schauer
Brown Green Mathieu Schroer
Byl Gubow McBryde Scranton
Callahan Gustafson McManus Sikkema
Cassis Hale McNutt Stallworth
Cherry Hammerstrom Middleton Tesanovich
Ciaramitaro Hanley Murphy Varga
Crissman Hertel Nye Voorhees
Cropsey Horton Olshove Walberg
Curtis Jansen Owen Wallace
Dalman Jelinek Oxender Wetters
DeHart Jellema Palamara Whyman
DeVuyst Johnson Parks Willard
Dobb Kaza Perricone Wojno
Nays--0
In The Chair: DeHart
The House agreed to the title of the bill.
Rep. Gagliardi moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Second Reading of Bills
House Bill No. 6172, entitled
A bill to amend 1975 PA 228, entitled "Single business tax act," (MCl 208.1 to 208.145) by adding section 39d.
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.
Reps. Wojno and Brackenridge moved to amend the bill as follows:
1. Amend page 1, line 2, after "1," by striking out "2009" and inserting "2004".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Wojno 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
Third Reading of Bills
House Bill No. 6172, entitled
A bill to amend 1975 PA 228, entitled "Single business tax act," (MCl 208.1 to 208.145) by adding section 39d.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 970 Yeas--94
Alley Frank Kilpatrick Profit
Anthony Freeman Kukuk Prusi
Baade Gagliardi LaForge Quarles
Baird Galloway Law Raczkowski
Basham Geiger Leland Rhead
Birkholz Gernaat LeTarte Richner
Bodem Gilmer Llewellyn Rison
Bogardus Gire London Rocca
Brackenridge Godchaux Lowe Sanborn
Brater Goschka Martinez Schauer
Brown Green Mathieu Schroer
Byl Gubow McBryde Scranton
Callahan Gustafson McManus Sikkema
Cassis Hale McNutt Stallworth
Cherry Hammerstrom Middleton Tesanovich
Crissman Hanley Murphy Varga
Cropsey Hertel Nye Voorhees
Curtis Horton Olshove Walberg
Dalman Jansen Oxender Wallace
DeHart Jelinek Palamara Wetters
DeVuyst Jellema Parks Whyman
Dobb Johnson Perricone Willard
Emerson Kaza Price Wojno
Fitzgerald Kelly
Nays--0
In The Chair: DeHart
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.
Reps. Birkholz, Bobier, Bogardus, Brackenridge, Brater, Callahan, Cassis, DeHart, Dobb, Gagliardi, Goschka, Hale, Hammerstrom, Jelinek, Kelly, Kukuk, Law, McBryde, Middleton, Murphy, Profit, Rison, Rocca, Stallworth and Varga were named co-sponsors of the bill.
______
Rep. LeTarte asked and obtained an excuse from the balance of today's session.
Second Reading of Bills
House Bill No. 6069, entitled
A bill to amend 1933 PA 167, entitled "General sales tax act," by amending section 4a (MCL 205.54a), as amended by 1996 PA 435.
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. Middleton moved to amend the bill as follows:
1. Amend page 4, line 16, after "INCLUDES" by inserting "GRAIN DRYING EQUIPMENT AND".
2. Amend page 4, line 16, after "FUEL" by striking out the balance of the line through "DRYERS" on line 17 and inserting "THAT EQUIPMENT".
The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.
Rep. Middleton 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
Third Reading of Bills
House Bill No. 6069, entitled
A bill to amend 1933 PA 167, entitled "General sales tax act," by amending section 4a (MCL 205.54a), as amended by 1996 PA 435.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 971 Yeas--77
Alley Frank Kaza Profit
Anthony Gagliardi Kelly Prusi
Baade Galloway Kukuk Raczkowski
Baird Geiger Law Rhead
Birkholz Gernaat Leland Richner
Bobier Gilmer Llewellyn Rocca
Bodem Godchaux London Sanborn
Brackenridge Goschka Lowe Schauer
Brown Green Mathieu Scranton
Byl Gubow McBryde Sikkema
Cassis Gustafson McManus Tesanovich
Cherry Hammerstrom McNutt Varga
Crissman Hanley Middleton Voorhees
Cropsey Hertel Nye Walberg
Curtis Horton Olshove Wallace
Dalman Jansen Oxender Wetters
DeHart Jelinek Palamara Whyman
DeVuyst Jellema Perricone Willard
Dobb Johnson Price Wojno
Fitzgerald
Nays--15
Basham Ciaramitaro Kilpatrick Rison
Bogardus Freeman Martinez Schroer
Brater Gire Murphy Stallworth
Callahan Hale Parks
In The Chair: DeHart
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. 4396, entitled
A bill to amend 1933 (Ex Sess) PA 8, entitled "The Michigan liquor control act," by amending section 28c (MCL 36.28c), as amended by 1992 PA 133.
(The bill was considered on Third Reading, motion to refer the bill to the Committee on Regulatory Affairs withdrawn and bill postponed temporarily, see House Journal No. 47, p. 1059.)
The question being on the passage of the bill,
Rep. Mathieu moved to substitute (H-2) the bill.
The motion was seconded and the substitute (H-2) was adopted, a majority of the members serving voting therefor.
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. 972 Yeas--56
Alley Fitzgerald Jelinek Oxender
Anthony Frank Johnson Price
Baade Freeman Kaza Prusi
Bobier Gagliardi Kelly Rhead
Bodem Galloway Kilpatrick Richner
Bogardus Geiger Law Sanborn
Brackenridge Gilmer Leland Schauer
Brown Gire Llewellyn Scranton
Cherry Gubow Martinez Stallworth
Crissman Gustafson Mathieu Tesanovich
Curtis Hale McBryde Varga
Dalman Hammerstrom McManus Wallace
DeHart Hanley Middleton Wetters
Dobb Hertel Olshove Whyman
Nays--36
Baird Gernaat Lowe Raczkowski
Basham Godchaux McNutt Rison
Birkholz Goschka Nye Rocca
Brater Green Owen Schroer
Byl Horton Palamara Sikkema
Cassis Jansen Parks Voorhees
Cropsey Jellema Perricone Walberg
DeVuyst Kukuk Profit Willard
Emerson London Quarles Wojno
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 1998 PA 58, entitled "Michigan liquor control code of 1998," by amending section 513 (MCL 436.1513).
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 House returned to the consideration of
House Bill No. 5546, entitled
A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending section 30 (MCL 206.30), as amended by 1997 PA 86; and to repeal acts and parts of acts.
(The bill was considered earlier today, see today's journal, p. 2330.)
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. 973 Yeas--94
Alley Emerson Kaza Price
Anthony Fitzgerald Kelly Profit
Baade Frank Kilpatrick Prusi
Baird Freeman Kukuk Quarles
Basham Gagliardi LaForge Raczkowski
Birkholz Galloway Law Rhead
Bobier Geiger Leland Richner
Bodem Gernaat Llewellyn Rison
Bogardus Gilmer London Rocca
Brackenridge Gire Lowe Sanborn
Brater Godchaux Martinez Schauer
Brown Goschka Mathieu Schroer
Byl Green McBryde Sikkema
Callahan Gubow McManus Stallworth
Cassis Gustafson McNutt Tesanovich
Cherry Hale Middleton Varga
Ciaramitaro Hammerstrom Nye Voorhees
Crissman Hanley Olshove Walberg
Cropsey Hertel Owen Wallace
Curtis Horton Oxender Wetters
Dalman Jansen Palamara Whyman
DeHart Jelinek Parks Willard
DeVuyst Jellema Perricone Wojno
Dobb Johnson
Nays--0
In The Chair: DeHart
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.
By unanimous consent the House returned to the order of
Messages from the Senate
Senate Concurrent Resolution No. 101.
A concurrent resolution prescribing the legislative schedule.
Resolved by the Senate (the House of Representatives concurring), That when the Legislature adjourns on Thursday, November 12, 1998, it stands adjourned until Tuesday, December 1, 1998, at 10:00 a.m. for the Senate and 2:00 p.m. for the House of Representatives.
The Senate has adopted the concurrent resolution.
Pending the reference of the concurrent resolution to a committee,
Rep. Gagliardi moved that Rule 77 be suspended and the concurrent 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 concurrent resolution,
The concurrent resolution was adopted, a majority of the members serving voting therefor.
______
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, December 1, at 2:00 p.m.
The motion prevailed.
By unanimous consent the House returned to the order of
Motions and Resolutions
Reps. Scranton, DeHart, Richner, Raczkowski, Birkholz, LaForge, Kukuk, Gilmer, Dalman, Hammerstrom, Thomas, McBryde, DeVuyst, Anthony, Schermesser, Tesanovich, Harder, Sanborn, Bodem, Cassis, Jelinek, Goschka, Parks, Freeman, Rocca, Green, Schauer, Cherry, Baird, Brackenridge and Bogardus offered the following resolution:
House Resolution No. 389.
A resolution to memorialize the Congress of the United States to amend federal law to permit retired military personnel who receive service-related injuries to receive full concurrent receipt of retirement and disability compensation benefits.
Whereas, Our nation is obligated to provide benefits to injured veterans commensurate with the sacrifices they have made to preserve our country and its way of life. Living up to this promise is the least we can do for people who suffer injuries while protecting our lives; and
Whereas, Many years ago, when the concept of military service was far different than today, a prohibition was placed in federal law against concurrent payment of retirement and disability benefits for injuries sustained by retired military personnel. This nineteenth century provision requires a person injured in the course of military service while collecting retirement benefits to waive either the retirement or the disability benefits; and
Whereas, During Operation Desert Storm, many retirees returned to active duty. Those who sustained service-related injuries now suffer the financial penalty of not being entitled to collect both retirement and disability earned benefits fully. This prohibition does not apply to other classes of federal employees; and
Whereas, The current policy penalizes miliary retirees who heed the call to assist the country in times of crisis. This outdated law needs to be brought up to date to reflect the country's obligations to its veterans; now, therefore, be it
Resolved by the House of Representatives, That we memorialize the Congress of the United States to amend federal law to permit retired military personnel who receive service-related injuries to receive full concurrent receipt of retirement and disability compensation benefits; and be it further
Resolved, That copies of this resolution be transmitted to the President of the United States Senate, the Speaker of the United States House of Representatives, and the members of the Michigan congressional delegation.
The resolution was referred to the Committee on Senior Citizens and Veterans Affairs.
Reps. Price, LaForge, Kukuk, Gilmer, Dalman, Baade, Hammerstrom, Thomas, Kelly, Hale, McBryde, DeVuyst, Anthony, London, Brater, Schermesser, Tesanovich, Harder, Murphy, Sanborn, Bodem, Cassis, Jelinek, Gubow, Goschka, Parks, Freeman, Galloway, DeHart, Johnson, Scranton, Rocca, Green, Schauer, Cherry, Baird, Brackenridge and Bogardus offered the following resolution:
House Resolution No. 390.
A resolution to commemorate December 7, 1998, as Pearl Harbor Day in Michigan.
Whereas, The members of the Michigan House of Representatives are pleased to join with the Pearl Harbor Survivor's Association in declaring December 7, 1998, as Pearl Harbor Observance Day in Michigan; and
Whereas, December 7, 1941, was a day that the Japanese launched a surprise 300 plane aerial attack against the U.S. Naval Base at Pearl Harbor; and
Whereas, The Japanese attack of December 7, 1941, resulted in the tragic loss of thousands of American servicemen. More than 1000 men were entombed in the sunken U.S.S. Arizona alone; and
Whereas, President Franklin D. Roosevelt, while asking Congress for a Declaration of War, referred to December 7, 1941, as "a date that will live in infamy"; and
Whereas, This special observance offers an excellent opportunity to increase public awareness and to pay tribute to the men who lost their lives in this disaster. Memorializing Pearl Harbor Day serves to remind us that we should value our priceless heritage, to remember our nation's history and to look to the future with pride; now, therefore, be it
Resolved by the House of Representatives, That the members of the Michigan House of Representatives hereby honor the valiant efforts of those who fought, and the memory of those brave men who made the supreme sacrifice at Pearl Harbor for their country; and be it further
Resolved, That a copy of this resolution be transmitted to the Pearl Harbor Survivor's Association as evidence 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 that the following Senate bills had been received on Thursday, November 12:
Senate Bill Nos. 1218 1219 1220 1221 1222 1223 1224
By unanimous consent the House returned to the order of
Reports of Standing Committees
The Committee on Appropriations, by Rep. Mathieu, Chair, reported
Senate Bill No. 240, entitled
A bill to amend 1979 PA 94, entitled "The state school aid act of 1979," by amending sections 6, 11, 17b, 20, 31a, 51a, 81, and 107 (MCL 388.1606, 388.1611, 388.1617b, 388.1620, 388.1631a, 388.1651a, 388.1681, and 388.1707), sections 6, 11, 17b, 20, 51a, 81, and 107 as amended by 1997 PA 93, and section 31a as amended by 1997 PA 24, and by adding sections 11e, 11f, 20k, 29, and 31c.
With the recommendation that the substitute (H-2) be adopted and that the bill then pass.
The bill and substitute were referred to the order of Second Reading of Bills.
Favorable Roll Call
SB 240 To Report Out:
Yeas: Reps. Mathieu, Ciaramitaro, Emerson, Frank, Hale, Harder, Kelly, Martinez, Owen, Price, Prusi, Rison, Schroer, Stallworth, Tesanovich, Gilmer, Bobier, Geiger, Godchaux, Jellema, Johnson, Oxender,
Nays: None.
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Mathieu, Chair of the Committee on Appropriations, was received and read:
Meeting held on: Thursday, November 12, 1998, at 9:00 a.m.,
Present: Reps. Mathieu, Ciaramitaro, Emerson, Frank, Hale, Harder, Kelly, Martinez, Owen, Parks, Price, Prusi, Rison, Schroer, Stallworth, Tesanovich, Gilmer, Bobier, Geiger, Godchaux, Jellema, Johnson, Oxender,
Absent: Reps. Bankes, Jansen, McBryde,
Excused: Reps. Bankes, Jansen, McBryde.
The Committee on Advanced Technology and Computer Development, by Rep. Basham, Vice-Chair, reported
House Bill No. 6283, entitled
A bill to amend 1996 PA 462, entitled "Enhanced access to public records act," by amending sections 2 and 3 (MCL 15.442 and 15.443).
With the recommendation that the following amendments be adopted and that the bill then pass.
1. Amend page 5, line 4, after "(4)" by striking out the balance of the line through "under" on line 5, and inserting "ACCESS TO OR OUTPUT FROM A GEOGRAPHICAL INFORMATION SYSTEM SHALL BE MADE AVAILABLE ONLY IN ACCORDANCE WITH SUBSECTIONS (1), (2), AND (3). EXCEPT AS OTHERWISE PROVIDED IN SUBSECTIONS (1), (2), AND (3), THIS ACT DOES NOT LIMIT THE INSPECTION AND COPYING OF A PUBLIC RECORD PURSUANT TO".
2. Amend page 5, line 6, after "15.246." by striking out the balance of the line through "15.246." on line 10.
The bill and amendments were referred to the order of Second Reading of Bills.
Favorable Roll Call
HB 6283 To Report Out:
Yeas: Reps. Basham, Baird, Brown, Quarles, Hammerstrom,
Nays: None.
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Basham, Vice-Chair of the Committee on Advanced Technology and Computer Development, was received and read:
Meeting held on: Thursday, November 12, 1998, at 9:00 a.m.,
Present: Reps. Basham, Baird, Brown, Quarles, Hammerstrom,
Absent: Reps. Brewer, Kaza, Walberg, Whyman,
Excused: Reps. Brewer, Kaza, Walberg, Whyman.
The Committee on Conservation, Environment and Recreation, by Rep. Alley, Chair, reported
House Bill No. 6285, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 8807 (MCL 324.8807), as added by 1998 PA 287, and by adding section 8807a.
With the recommendation that the following amendment be adopted and that the bill then pass.
1. Amend page 2, line 24, after "EXPENDED" by inserting "TO PREVENT OR MINIMIZE EROSION OF SHORELANDS AND STREAM BANKS ALONG INLAND LAKES AND STREAMS, AND".
The bill and amendment were referred to the order of Second Reading of Bills.
Favorable Roll Call
HB 6285 To Report Out:
Yeas: Reps. Alley, Callahan, Anthony, Brater, Brown, Kilpatrick, LaForge, Basham, Bodem, McManus, Walberg,
Nays: None.
The Committee on Conservation, Environment and Recreation, by Rep. Alley, Chair, reported
Senate Bill No. 1283, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 36505 (MCL 324.36505), as added by 1995 PA 59, and by adding section 40107a.
With the recommendation that the substitute (H-1)* be adopted and that the bill then pass.
The bill and substitute were referred to the order of Second Reading of Bills.
Favorable Roll Call
SB 1283 To Report Out:
Yeas: Reps. Alley, Anthony, Brater, Brown, LaForge, Schermesser, Basham, Birkholz, Bodem, Byl, DeVuyst, McManus, McNutt, Walberg,
Nays: None.
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Alley, Chair of the Committee on Conservation, Environment and Recreation, was received and read:
Meeting held on: Thursday, November 12, 1998, at 9:00 a.m.,
Present: Reps. Alley, Callahan, Anthony, Brater, Brown, Kilpatrick, LaForge, Schermesser, Basham, Birkholz, Bodem, Byl, DeVuyst, McManus, McNutt, Walberg,
Absent: Reps. Mans, Wetters, Middaugh,
Excused: Reps. Mans, Wetters, Middaugh.
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Varga, Chair of the Committee on Regulatory Affairs, was received and read:
Meeting held on: Thursday, November 12, 1998, at 8:30 a.m.,
Present: Reps. Varga, Wojno, Anthony, Leland, Olshove, Profit, Quarles, Fitzgerald, Richner, Rocca, Sanborn, Scranton, Voorhees,
Absent: Reps. Scott, Vaughn,
Excused: Reps. Scott, Vaughn.
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. DeHart, Chair of the Committee on Public Retirement, was received and read:
Meeting held on: Thursday, November 12, 1998, at 9:00 a.m.,
Present: Reps. DeHart, Brewer, Basham, Rhead, LeTarte,
Absent: Reps. Dobronski, Mans, Dobb, Jelinek,
Excused: Reps. Dobronski, Mans, Dobb, Jelinek.
Messages from the Senate
House Bill No. 5843, entitled
A bill to amend 1919 PA 339, entitled "Dog law of 1919," by amending sections 6, 8, 9, 14, 15, and 17 (MCL 287.266, 287.268, 287.269, 287.274, 287.275, and 287.277).
The Senate has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The House agreed to the full title.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 4779, entitled
A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding section 21053d.
The Senate has substituted (S-1) the bill.
The Senate has passed the bill as substituted (S-1) and pursuant to Joint Rule 20, inserted the full title.
The Speaker announced that pursuant to Rule 45, the bill was laid over one day.
House Bill No. 4780, entitled
A bill to amend 1956 PA 218, entitled "The insurance code of 1956," (MCL 500.100 to 500.8302) by adding section 3406j.
The Senate has substituted (S-2) the bill.
The Senate has passed the bill as substituted (S-2) and amended the title to read as follows:
A bill to amend 1956 PA 218, entitled "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 this act," (MCL 500.100 to 500.8302) by adding section 3406m.
The Speaker announced that pursuant to Rule 45, the bill was laid over one day.
House Bill No. 4875, entitled
A bill to amend 1986 PA 268, entitled "Legislative council act," (MCL 4.1101 to 4.1901) by adding section 204e.
The Senate has substituted (S-2) the bill.
The Senate has passed the bill as substituted (S-2), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The Speaker announced that pursuant to Rule 45, the bill was laid over one day.
House Bill No. 4884, entitled
A bill to amend 1986 PA 268, entitled "Legislative council act," (MCL 4.1101 to 4.1901) by adding section 204b.
The Senate has substituted (S-1) the bill.
The Senate has passed the bill as substituted (S-1), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The Speaker announced that pursuant to Rule 45, the bill was laid over one day.
Senate Bill No. 866, 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," by amending section 2950a (MCL 600.2950a), as amended by 1997 PA 115.
The Senate has amended the House amendments as follows:
1. Amend House Amendment No. 10, page 10, following line 4, after "effect" by striking out "September 1, 1998" and inserting "January 1, 1999".
The Senate has concurred in the House amendments as amended, ordered that the bill be given immediate effect and agreed to the full title.
The Speaker announced that pursuant to Rule 45, the bill was laid over one day.
Senate Bill No. 874, entitled
A bill to amend 1961 PA 236, entitled and inserting "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," by amending section 2950 (MCL 600.2950), as amended by 1997 PA 115.
The Senate has amended the House amendments as follows:
1. Amend House Amendment No. 10, page 11, following line 20, after "effect" by striking out "September 1, 1998" and inserting "January 1, 1999".
The Senate has concurred in the House amendments as amended, ordered that the bill be given immediate effect and agreed to the full title.
The Speaker announced that pursuant to Rule 45, the bill was laid over one day.
Senate Bill No. 1218, entitled
A bill to amend 1974 PA 258, entitled "Mental health code," by amending sections 1001b and 1003b (MCL 330.2001b and 330.2003b), section 1001b as amended by 1995 PA 290 and section 1003b as amended by 1993 PA 252.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Appropriations.
Senate Bill No. 1219, entitled
A bill to amend 1968 PA 293, entitled "An act to establish the status of minors; to define the rights and duties of parents; to establish rights and duties to provide support for a child after the child reaches the age of majority under certain circumstances; and to establish the conditions for emancipation of minors," by amending section 4 (MCL 722.4), as amended by 1996 PA 412.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Appropriations.
Senate Bill No. 1220, entitled
A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending sections 139, 193, 197c, and 231 (MCL 750.139, 750.193, 750.197c, and 750.231), section 139 as amended by 1991 PA 145, section 193 as amended by 1988 PA 167, and section 231 as amended by 1981 PA 103.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Appropriations.
Senate Bill No. 1221, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 23 of chapter IV (MCL 764.23), as amended by 1988 PA 137.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Appropriations.
Senate Bill No. 1222, 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 allow for the operation of certain facilities by private entities; 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 20g, 29, 34, 63, 63a, 65, 69a, and 70 (MCL 791.220g, 791.229, 791.234, 791.263, 791.263a, 791.265, 791.269a, and 791.270), section 20g as added by 1996 PA 164, section 34 as amended by 1994 PA 345, section 65 as amended by 1994 PA 217, section 69a as added by 1990 PA 42, and section 70 as added by 1993 PA 255.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Appropriations.
Senate Bill No. 1223, entitled
A bill to amend 1893 PA 118, entitled "An act to revise and consolidate the laws relative to state prisons, to state houses of correction, and branches of state prisons and reformatories, and the government and discipline thereof and to repeal all acts inconsistent therewith," by amending section 41 (MCL 800.41).
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Appropriations.
Senate Bill No. 1224, entitled
A bill to amend 1909 PA 17, entitled "An act to prohibit or limit the access by prisoners and by employees of correctional facilities to certain weapons and to alcoholic liquor, drugs, medicines, poisons, and controlled substances in, on, or outside of correctional facilities; to prohibit or limit the bringing into or onto certain facilities and real property, and the disposition of, certain weapons and substances; to prohibit or limit the selling, giving, or furnishing of certain weapons and substances to prisoners; to prohibit the control or possession of certain weapons and substances by prisoners; and to prescribe penalties," by amending section 1a (MCL 800.281a), as added by 1982 PA 343.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Appropriations.
Introduction of Bills
Reps. Kelly, Scott, DeHart and Schermesser introduced
House Bill No. 6297, entitled
A bill to amend 1998 PA 58, entitled "Michigan liquor control code of 1998," (MCL 436.1101 to 436.2303) by adding section 702.
The bill was read a first time by its title and referred to the Committee on Regulatory Affairs.
Reps. DeHart, Kelly, Scott and Schermesser introduced
House Bill No. 6298, entitled
A bill to amend 1915 PA 31, entitled "Youth tobacco act," (MCL 722.641 to 722.645) by amending the title, as amended by 1992 PA 272, and by adding sections 1a, 3a, and 3b.
The bill was read a first time by its title and referred to the Committee on Health Policy.
Reps. Scott, DeHart, Kelly and Schermesser introduced
House Bill No. 6299, entitled
A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 3825 (MCL 600.3825) and by adding section 3801a.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Reps. Brewer and Kelly introduced
House Bill No. 6300, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending section 2891 (MCL 333.2891), as amended by 1992 PA 78.
The bill was read a first time by its title and referred to the Committee on Health Policy.
______
Rep. McNutt moved that the House adjourn.
The motion prevailed, the time being 3:30 p.m.
Acting Speaker DeHart declared the House adjourned until Tuesday, December 1, at 2:00 p.m.
MARY KAY SCULLION
Clerk of the House of Representatives.