No. 45

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

90th Legislature

REGULAR SESSION OF 1999

House Chamber, Lansing, Wednesday, May 19, 1999.

12:05 a.m.

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

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

Allen--present

Baird--present

Basham--present

Birkholz--present

Bisbee--present

Bishop--present

Bogardus--present

Bovin--present

Bradstreet--present

Brater--present

Brewer--present

Brown, Bob--present

Brown, Cameron--present

Byl--present

Callahan--present

Cassis--present

Caul--present

Cherry--present

Clark--present

Clarke--present

Daniels--present

DeHart--present

Dennis--present

DeRossett--present

DeVuyst--present

DeWeese--present

Ehardt--present

Faunce--present

Frank--present

Garcia--present

Garza--present

Geiger--present

Gieleghem--present

Gilbert--present

Godchaux--present

Gosselin--present

Green--present

Hager--present

Hale--present

Hanley--present

Hansen--present

Hardman--present

Hart--present

Howell--present

Jacobs--present

Jamnick--present

Jansen--present

Jelinek--present

Jellema--present

Johnson, Rick--present

Johnson, Ruth--present

Julian--present

Kelly--excused

Kilpatrick--present

Koetje--present

Kowall--present

Kuipers--present

Kukuk--present

LaForge--present

LaSata--present

Law--present

Lemmons--present

Lockwood--present

Mans--excused

Martinez--present

Mead--present

Middaugh--present

Minore--present

Mortimer--present

Neumann--present

O'Neil--present

Pappageorge--present

Patterson--present

Perricone--present

Pestka--present

Price--present

Prusi--present

Pumford--present

Quarles--present

Raczkowski--present

Reeves--present

Richardville--present

Richner--present

Rison--present

Rivet--present

Rocca--present

Sanborn--present

Schauer--present

Schermesser--present

Scott--present

Scranton--present

Shackleton--present

Sheltrown--present

Shulman--present

Spade--present

Stallworth--present

Stamas--present

Switalski--present

Tabor--present

Tesanovich--present

Thomas--present

Toy--present

Vander Roest--present

Van Woerkom--present

Vaughn--present

Vear--present

Voorhees--present

Wojno--present

Woodward--present

Woronchak--present

e/d/s = entered during session

Alan Cropsey, former State Representative from the 86th District, offered the following invocation:

"Dear Lord God, we just look into the Psalms this morning and we realize that You demand of us righteousness in our dealings with each other, and grace and mercy with one another. I just pray, Lord, that we will keep these things in mind as the deliberations go on this day. We ask this in the name of Our Lord and Savior Jesus Christ. Amen."

______

Rep. Scott moved that Reps. Kelly and Mans be excused from today's session.

The motion prevailed.

Third Reading of Bills

House Bill No. 4530, entitled

A bill to amend 1927 PA 372, entitled "An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms and gas ejecting devices; to prohibit the buying, selling, or carrying of certain firearms and gas ejecting devices without a license; to provide for the forfeiture of firearms possessed in violation of this act; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; and to repeal all acts and parts of acts inconsistent with the provisions of this act," by amending the title and sections 1, 8, 12, 12a, and 14 (MCL 28.421, 28.428, 28.432, 28.432a, and 28.434), the title as amended by 1990 PA 320 and section 1 as amended by 1992 PA 219, and by adding sections 1a, 2a, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5h, 5i, 5j, 5k, 5l, 5m, and 5n; and to repeal acts and parts of acts.

(The bill was read a third time and postponed temporarily on May 18, see House Journal No. 44, p. 886.)

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. 384 Yeas--72

 

Allen	Geiger	Mead	Schauer
Basham	Gilbert	Middaugh	Schermesser
Birkholz	Gosselin	Mortimer	Scranton
Bishop	Green	Neumann	Shackleton
Bovin	Hager	O'Neil	Sheltrown
Bradstreet	Hart	Pappageorge	Shulman
Brown, B.	Howell	Patterson	Spade
Brown, C.	Jansen	Perricone	Stamas
Cassis	Jelinek	Pestka	Tabor
Caul	Jellema	Prusi	Tesanovich
DeHart	Johnson, Rick	Pumford	Toy
DeRossett	Johnson, Ruth	Raczkowski	Van Woerkom
DeVuyst	Julian	Reeves	Vander Roest
DeWeese	Koetje	Richardville	Vaughn
Ehardt	Kowall	Richner	Vear
Faunce	Kuipers	Rivet	Voorhees
Frank	Kukuk	Rocca	Wojno
Garcia	LaSata	Sanborn	Woronchak

Nays--35

 

Baird	Clarke, H.	Hardman	Price
Bisbee	Daniels	Jacobs	Quarles
Bogardus	Dennis	Jamnick	Rison
Brater	Garza	Kilpatrick	Scott
Brewer	Gieleghem	LaForge	Stallworth
Byl	Godchaux	Lemmons	Switalski
Callahan	Hale	Lockwood	Thomas
Cherry	Hanley	Martinez	Woodward
Clark, I.	Hansen	Minore

In The Chair: Scranton

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

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

A bill to amend 1927 PA 372, entitled "An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms and gas ejecting devices; to prohibit the buying, selling, or carrying of certain firearms and gas ejecting devices without a license; to provide for the forfeiture of firearms possessed in violation of this act; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; and to repeal all acts and parts of acts inconsistent with the provisions of this act," by amending the title and sections 1, 8, 12, 12a, and 14 (MCL 28.421, 28.428, 28.432, 28.432a, and 28.434), the title as amended by 1990 PA 320 and section 1 as amended by 1992 PA 219, and by adding sections 1a, 2a, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5h, 5i, 5j, 5k, 5l, 5m, 5n, and 5o; and to repeal acts and parts of acts.

The motion prevailed.

The House agreed to the title as amended.

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

The question being on the motion by Rep. Raczkowski,

Rep. Kilpatrick demanded the yeas and nays.

The demand was supported.

The question being on the motion by Rep. Raczkowski,

The motion did not prevail, 2/3 of the members serving not voting therefor, by yeas and nays, as follows:

Roll Call No. 385 Yeas--61

 

Allen	Faunce	Kowall	Rocca
Basham	Garcia	Kuipers	Sanborn
Birkholz	Geiger	Kukuk	Schermesser
Bisbee	Gilbert	LaSata	Scranton
Bishop	Gosselin	Mead	Shackleton
Bovin	Green	Middaugh	Sheltrown
Bradstreet	Hart	Mortimer	Shulman
Brown, B.	Howell	O'Neil	Stamas
Brown, C.	Jansen	Pappageorge	Tabor
Cassis	Jelinek	Patterson	Toy
Caul	Jellema	Perricone	Van Woerkom
DeHart	Johnson, Rick	Pumford	Vander Roest
DeRossett	Johnson, Ruth	Raczkowski	Vear
DeVuyst	Julian	Richardville	Voorhees
DeWeese	Koetje	Richner	Woronchak

Ehardt

Nays--41

 

Baird	Garza	Kilpatrick	Rivet
Bogardus	Gieleghem	LaForge	Schauer
Brater	Godchaux	Lemmons	Scott
Brewer	Hager	Lockwood	Spade
Byl	Hale	Martinez	Stallworth
Callahan	Hanley	Minore	Switalski
Cherry	Hansen	Price	Tesanovich
Clark, I.	Hardman	Quarles	Thomas
Clarke, H.	Jacobs	Reeves	Wojno
Daniels	Jamnick	Rison	Woodward

Dennis

In The Chair: Scranton

______

Rep. Cherry, having reserved the right to explain her protest against the passage of the bill, made the following statement:

"Mr. Speaker and members of the House:

I am voting no on this legislation because I have concerns about the inability of the gun board to have any discretion in making decisions regarding the issuance of concealed weapon permits. I believe there is a need to reform the permitting process, that the local gun board should be required to state the reason for denial and that the citizens should be able to appeal any decision of the board. However, I also believe that the Callahan amendment, which allows the board to use their judgement in considering an individual's request should be included as an important component of this bill. If the Callahan amendment would have been adopted, I would have voted for HB 4530. Even though many argue that requirements of due process and appeal rights are not enough to change the way some gun boards operate, I think these changes will change gun board deliberations. I believe that we have a responsibility to require a fair and open process which guarantees the rights of our citizens. I believe that changes which require due process, an explanation of the gun board's decision and the right to appeal, meet those requirements. I also believe that such requirements will force gun boards which operate in an arbitrary manner to change their methods of decision-making or be faced with court decisions overturning their decisions. We should allow local boards some ability to fully consider the application and record before them, including knowledge the board may have about the applicant from credible sources. That's all the Callahan amendment would do. It is how Macomb County, the county which every group points to as THE county which is fair and consistent, operates.

In conclusion, I believe there is a need to reform the concealed weapons permitting process. We should have a fair method which recognizes the rights of Michigan's citizens to carry a weapon but also protects the safety of all of Michigan's citizens. I do not believe that HB 4530 as it is currently before this legislature, accomplishes this goal. It is unfortunate that members who are supporting HB 4530 would not consider the Callahan amendment because this amendment would have addressed my concern. Since this amendment was not placed on this bill, I am voting no on HB 4530."

Rep. Jamnick, having reserved the right to explain her protest against the passage of the bill, made the following statement:

"Mr. Speaker and members of the House:

When discussions began it was said, this was a 'lesson learned from Columbine, Colorado'. The lesson I heard was that our world/country needs to return to patience, understanding and a respect for one another.

Totally arming ourselves cannot be a solution to finding a sense of safety. Continually seeing signs warning of concealed weapons, metal detectors, etc. All we do is reinforce on a daily basis we are not safe . . . at work, play or in our homes.

There are respectful gun owners. I don't feel what we are doing with this legislation ensures their respectful number will be growing.

Within the last 2 years, cable T.V. had a program '5 children, 5 guns' . . . it was one of the saddest programs I have ever seen. Those 5 guns were rightfully owned by 5 family members one of which was a police officer and resulted in the loss of 5 young family members, tragically.

I respect everyone here and your vote representing your constituency. I respectfully will vote no for the majority of my constituency."

Rep. Clarke, 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 oppose this bill largely because it would diminish the discretion of prosecutors to regulate gun use."

Rep. Callahan, 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:

A.) It does not allow for 'Questionable Individuals' under a 'catch-all' clause to a 'MAY' issue with a right to appeal.

B.) It exempts 'Trainer Liability'.

C.) Need to add 'Self Defense' to the list of reasons for issue of need.

D.) Should be on state-wide referendum. The people should decide.

E.) Weapon size should be limited to 12" overall."

Rep. Dennis, having reserved the right to explain her protest against the passage of the bill, made the following statement:

"Mr. Speaker and members of the House:

First, the bill does not give the local gun board an out to denying a permit under a 'catch-all' clause if the individual seeking the permit has a questionable past while there is no paper trail that might disqualify him or her.

Second, it exempts all 'trainers' from liability.

Third, it does not add 'self-defense' to the list of reasons for issue of need.

Fourth, the people of Michigan were denied the right to decide the issue at the ballot box.

Last, when most people think of a pistol, they do not think of one being '30 inches' in length. The amendment to reduce the size to 12 inches should have been passed."

Rep. Bogardus, having reserved the right to explain her protest against the passage of the bill, made the following statement:

"Mr. Speaker and members of the House:

I voted no on HB 4530 because it is not a bill about gun ownership. It is a bill that allows guns to be carried in churches, schools and day care centers. Under this bill gun boards will be forced to issue permits to anyone. That is why prosecutors have asked to be taken off gun boards if this legislation passes. This is dangerous legislation it is not about recreational gun use."

Rep. Switalski, 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:

Macomb county is unique among Michigan's 3 counties in its administration of CCW permits. We issue almost half of all the permits issued in the entire state. Advocates of more permissive CCW laws embodied in this bill cite Macomb as the model for the rest of the state.

But Macomb does not support his bill. County Prosecutor Carl Marlinga, who chairs the Macomb Gun Board, asked for several amendments to allow the Macomb Board to continue to function as it has for the last 3 years. Without some discretion on the part of the local board, without some local control, prosecutors, police, and local government oppose the bill.

This legislation rejected amendments to provide for local discretion and control. The state will now impose a uniform policy on all 83 counties, rural and urban, rich and poor, regardless of circumstance and tradition. This strips away the local power that up to now was able to take account of local circumstances in exercising judgements. We need more local judgement and discretion, not less, when determining who is permitted to carry concealed weapons in our society."

Second Reading of Bills

House Bill No. 4647, entitled

A bill to amend 1927 PA 372, entitled "An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms and gas ejecting devices; to prohibit the buying, selling, or carrying of certain firearms and gas ejecting devices without a license; to provide for the forfeiture of firearms possessed in violation of this act; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; and to repeal all acts and parts of acts inconsistent with the provisions of this act," by amending sections 2 and 6 (MCL 28.422 and 28.426), as amended by 1994 PA 338.

(The bill was read a second time, substitute (H-1) adopted, amendment offered and bill postponed for the day on May 13, see House Journal No. 43, p. 834.)

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

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

Roll Call No. 386 Yeas--58

 

Allen	Faunce	Koetje	Rivet
Basham	Frank	Kowall	Rocca
Birkholz	Garcia	Kuipers	Sanborn
Bisbee	Geiger	Kukuk	Schermesser
Bishop	Gilbert	LaSata	Shackleton
Bradstreet	Gosselin	Middaugh	Sheltrown
Brown, B.	Green	Mortimer	Shulman
Brown, C.	Hager	Neumann	Stamas
Cassis	Hart	Pappageorge	Tabor
Caul	Howell	Patterson	Toy
DeHart	Jansen	Perricone	Vander Roest
DeRossett	Jelinek	Raczkowski	Vear
DeVuyst	Johnson, Rick	Richardville	Voorhees
DeWeese	Johnson, Ruth	Richner	Woronchak

Ehardt Julian

Nays--49

 

Baird	Gieleghem	Lockwood	Schauer
Bogardus	Godchaux	Martinez	Scott
Bovin	Hale	Mead	Scranton
Brater	Hanley	Minore	Spade
Brewer	Hansen	O'Neil	Stallworth
Byl	Hardman	Pestka	Switalski
Callahan	Jacobs	Price	Tesanovich
Cherry	Jamnick	Prusi	Thomas
Clark, I.	Jellema	Pumford	Van Woerkom
Clarke, H.	Kilpatrick	Quarles	Vaughn
Daniels	LaForge	Reeves	Wojno
Dennis	Lemmons	Rison	Woodward

Garza

In The Chair: Scranton

Rep. Daniels 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. Raczkowski 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. 4647, entitled

A bill to amend 1927 PA 372, entitled "An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms and gas ejecting devices; to prohibit the buying, selling, or carrying of certain firearms and gas ejecting devices without a license; to provide for the forfeiture of firearms possessed in violation of this act; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; and to repeal all acts and parts of acts inconsistent with the provisions of this act," by amending sections 2 and 6 (MCL 28.422 and 28.426), as amended by 1994 PA 338.

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

Roll Call No. 387 Yeas--74

 

Allen	Frank	LaSata	Schermesser
Basham	Garcia	Mead	Shackleton
Birkholz	Geiger	Middaugh	Sheltrown
Bisbee	Gilbert	Mortimer	Shulman
Bishop	Gosselin	Neumann	Spade
Bovin	Green	Pappageorge	Stallworth
Bradstreet	Hager	Patterson	Stamas
Brown, B.	Hart	Perricone	Switalski
Brown, C.	Howell	Pestka	Tabor
Cassis	Jansen	Prusi	Tesanovich
Caul	Jelinek	Pumford	Toy
Clarke, H.	Jellema	Raczkowski	Van Woerkom
Daniels	Johnson, Rick	Reeves	Vander Roest
DeHart	Johnson, Ruth	Richardville	Vaughn
DeRossett	Julian	Richner	Vear
DeVuyst	Koetje	Rivet	Voorhees
DeWeese	Kowall	Rocca	Wojno
Ehardt	Kuipers	Sanborn	Woronchak

Faunce Kukuk

Nays--32

 

Baird	Garza	Jamnick	Price
Brater	Gieleghem	Kilpatrick	Quarles
Brewer	Godchaux	LaForge	Rison
Byl	Hale	Lemmons	Schauer
Callahan	Hanley	Lockwood	Scott
Cherry	Hansen	Martinez	Scranton
Clark, I.	Hardman	Minore	Thomas
Dennis	Jacobs	O'Neil	Woodward

In The Chair: Scranton

The House agreed to the title of the bill.

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

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

Reps. Martinez, Brater, Thomas, Lemmons, Cherry, Rison, Baird, Hardman, Jacobs and Clark moved that their names be removed as co-sponsors of the bill.

The motion prevailed.

______

Rep. Dennis, having reserved the right to explain her protest against the passage of the bill, made the following statement:

"Mr. Speaker and members of the House:

Amendment number three offered by Rep. Bradstreet gutted the bill. Therefor, I could not support the bill, because it lowered its original intent from 21 to 18 with a high school diploma!"

Rep. Schauer, 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 respectfully request to explain my no vote on House Bill 4647 (H-1) as amended by the Bradstreet amendment.

This bill was originally introduced, and supported by the Speaker, to increase the age to 21 years old for purchasing, carrying, or transporting a pistol. I supported this purpose, especially in light of the recent tragedy in Littleton, Colorado, and others in which young people have accessed guns and committed fatal crimes.

Maturity and experience are factors in issuing drivers licenses in Michigan. So too should they be in issuing licenses to purchase, carry, and transport handguns.

My no vote is not an anti-handgun vote nor is it a vote against those under age 21. It merely recognizes the need for caution and great care in issuing handgun licenses."

Rep. Callahan, 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:

By putting on the Bradstreet amendment, it stripped the intent of keeping guns away from teens."

Rep. Minore, 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:

As proposed, the bill would have made it illegal for young people ages 18-21 to purchase firearms. The bill was amended to essentially thwart the original purpose, and to allow most 18, 19 and 20 year olds free reign to purchase, carry, possess or sell firearms in direct contradiction of the original purpose."

Rep. Gieleghem, 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:

House Bill 4647 was introduced with the intent of changing the law to require a Michigan resident to have arrived at 21 years of age. Amendments proposed on the House floor completely changed the intent of the legislation. If our efforts are to remove guns from our classrooms and ensure that people who have guns are indeed responsible gun owners, this legislation is inadequate."

Rep. Hanley, 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 no on House Bill 4647 because the legislation which passed at the end of the day is not the same as the legislation which came before us at the beginning of the day. The bill as introduced raised the age limit for purchasing a handgun to 21. I supported this bill in the spirit in which it was introduced--as an effort to better ensure that young people who buy guns are mature enough to handle them responsibly. However, an amendment added on the House floor before final passage gutted the original bill by effectively keeping the age limit at 18. Because this amendment was added I could not, in good conscience, lend support to the bill on its final passage."

Rep. Woodward, 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:

The legislative intent of HB 4647 was to keep guns out of our schools. I believe that before Amendment No. 3 offered by Rep. Bradstreet was narrowly passed, HB 4647 would have met this objective. I would have voted yes if this was the case. But, Amendment No. 3 allows for 18 to 19 year olds to purchase handguns as long as they have a high school diploma, GED, or its equivalent. I cannot in the best interest of my district vote to support this legislation. We continue to support the principle that no one under the age of 21 should be able to purchase alcohol, because of the maturity and good judgement that is necessary when choosing to drink. At minimum, that same maturity and good judgement is necessary when making the decision to purchase and use a handgun."

______

Rep. DeWeese asked and obtained a temporary excuse from today's session.

Second Reading of Bills

House Bill No. 4532, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 231a (MCL 750.231a).

(The bill was read a second time and postponed temporarily on May 18, see House Journal No. 44, p. 844.)

Rep. Brater moved to amend the bill as follows:

1. Amend page 3, line 9, by striking out all of enacting section 2.

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

Rep. Brater demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 388 Yeas--37

 

Baird	Dennis	Kilpatrick	Rison
Bogardus	Garza	LaForge	Schauer
Brater	Gieleghem	Lemmons	Scott
Brewer	Godchaux	Lockwood	Stallworth
Byl	Hale	Martinez	Switalski
Callahan	Hansen	Minore	Tesanovich
Cherry	Hardman	Prusi	Thomas
Clark, I.	Jacobs	Quarles	Vaughn
Clarke, H.	Jamnick	Reeves	Woodward

Daniels

Nays--67

 

Allen	Garcia	Kukuk	Sanborn
Basham	Geiger	LaSata	Schermesser
Birkholz	Gilbert	Mead	Scranton
Bisbee	Gosselin	Middaugh	Shackleton
Bishop	Green	Mortimer	Sheltrown
Bovin	Hager	Neumann	Shulman
Bradstreet	Hart	O'Neil	Spade
Brown, B.	Howell	Pappageorge	Stamas
Brown, C.	Jansen	Patterson	Tabor
Cassis	Jelinek	Perricone	Toy
Caul	Jellema	Pestka	Van Woerkom
DeHart	Johnson, Rick	Pumford	Vander Roest
DeRossett	Johnson, Ruth	Raczkowski	Vear
DeVuyst	Julian	Richardville	Voorhees
Ehardt	Koetje	Richner	Wojno
Faunce	Kowall	Rivet	Woronchak
Frank	Kuipers	Rocca

In The Chair: Scranton

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

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

______

Rep. LaForge 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

House Bill No. 4532, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 231a (MCL 750.231a).

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

Roll Call No. 389 Yeas--80

 

Allen	Garcia	LaSata	Schauer
Basham	Geiger	Lemmons	Schermesser
Birkholz	Gieleghem	Mead	Scranton
Bisbee	Gilbert	Middaugh	Shackleton
Bishop	Gosselin	Mortimer	Sheltrown
Bovin	Green	Neumann	Shulman
Bradstreet	Hager	O'Neil	Spade
Brown, B.	Hansen	Pappageorge	Stamas
Brown, C.	Hart	Patterson	Switalski
Byl	Howell	Perricone	Tabor
Callahan	Jansen	Pestka	Tesanovich
Cassis	Jelinek	Prusi	Toy
Caul	Jellema	Pumford	Van Woerkom
Cherry	Johnson, Rick	Raczkowski	Vander Roest
DeHart	Johnson, Ruth	Reeves	Vaughn
DeRossett	Julian	Richardville	Vear
DeVuyst	Koetje	Richner	Voorhees
Ehardt	Kowall	Rivet	Wojno
Faunce	Kuipers	Rocca	Woodward
Frank	Kukuk	Sanborn	Woronchak

Nays--25

 

Baird	Dennis	Jacobs	Price
Bogardus	Garza	Jamnick	Quarles
Brater	Godchaux	Kilpatrick	Rison
Brewer	Hale	Lockwood	Scott
Clark, I.	Hanley	Martinez	Stallworth
Clarke, H.	Hardman	Minore	Thomas

Daniels

In The Chair: Scranton

The House agreed to the title of the bill.

Rep. Raczkowski 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. 4533, entitled

A bill to amend 1927 PA 372, entitled "An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms and gas ejecting devices; to prohibit the buying, selling, or carrying of certain firearms and gas ejecting devices without a license; to provide for the forfeiture of firearms possessed in violation of this act; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; and to repeal all acts and parts of acts inconsistent with the provisions of this act," (MCL 28.421 to 28.434) by amending the title, as amended by 1990 PA 320, and by adding section 1b.

(The bill was read a second time and postponed temporarily on May 18, see House Journal No. 44, p. 844.)

Rep. Brater moved to amend the bill as follows:

1. Amend page 3, line 3, by striking out all of enacting section 2.

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

Rep. Brater demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 390 Yeas--33

 

Baird	Dennis	Jamnick	Quarles
Bogardus	Garza	Kilpatrick	Rison
Brater	Gieleghem	Lemmons	Scott
Byl	Godchaux	Lockwood	Stallworth
Callahan	Hanley	Martinez	Tesanovich
Cherry	Hansen	Minore	Thomas
Clark, I.	Hardman	Price	Vaughn
Clarke, H.	Jacobs	Prusi	Woodward

Daniels

Nays--71

 

Allen	Garcia	Kukuk	Sanborn
Basham	Geiger	LaSata	Schauer
Birkholz	Gilbert	Mead	Schermesser
Bisbee	Gosselin	Middaugh	Scranton
Bishop	Green	Mortimer	Shackleton
Bovin	Hager	Neumann	Sheltrown
Bradstreet	Hale	O'Neil	Shulman
Brewer	Hart	Pappageorge	Spade
Brown, B.	Howell	Patterson	Stamas
Brown, C.	Jansen	Perricone	Switalski
Cassis	Jelinek	Pestka	Toy
Caul	Jellema	Pumford	Van Woerkom
DeHart	Johnson, Rick	Raczkowski	Vander Roest
DeRossett	Johnson, Ruth	Reeves	Vear
DeVuyst	Julian	Richardville	Voorhees
Ehardt	Koetje	Richner	Wojno
Faunce	Kowall	Rivet	Woronchak
Frank	Kuipers	Rocca

In The Chair: Scranton

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

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

______

Rep. Price 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

House Bill No. 4533, entitled

A bill to amend 1927 PA 372, entitled "An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms and gas ejecting devices; to prohibit the buying, selling, or carrying of certain firearms and gas ejecting devices without a license; to provide for the forfeiture of firearms possessed in violation of this act; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; and to repeal all acts and parts of acts inconsistent with the provisions of this act," (MCL 28.421 to 28.434) by amending the title, as amended by 1990 PA 320, and by adding section 1b.

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

Roll Call No. 391 Yeas--90

 

Allen	Frank	Kukuk	Sanborn
Basham	Garcia	LaSata	Schauer
Birkholz	Geiger	Lemmons	Schermesser
Bisbee	Gieleghem	Lockwood	Scranton
Bishop	Gilbert	Mead	Shackleton
Bovin	Godchaux	Middaugh	Sheltrown
Bradstreet	Gosselin	Minore	Shulman
Brewer	Green	Mortimer	Spade
Brown, B.	Hager	Neumann	Stallworth
Brown, C.	Hale	O'Neil	Stamas
Byl	Hansen	Pappageorge	Switalski
Callahan	Hart	Patterson	Tabor
Cassis	Howell	Perricone	Tesanovich
Caul	Jansen	Pestka	Toy
Cherry	Jelinek	Prusi	Van Woerkom
Clarke, H.	Jellema	Pumford	Vander Roest
Daniels	Johnson, Rick	Raczkowski	Vaughn
DeHart	Johnson, Ruth	Reeves	Vear
Dennis	Julian	Richardville	Voorhees
DeRossett	Kilpatrick	Richner	Wojno
DeVuyst	Koetje	Rivet	Woodward
Ehardt	Kowall	Rocca	Woronchak

Faunce Kuipers

Nays--12

 

Baird	Garza	Jacobs	Rison
Brater	Hanley	Martinez	Scott
Clark, I.	Hardman	Quarles	Thomas

In The Chair: Scranton

The House agreed to the title of the bill.

Rep. Raczkowski 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. 4534, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 239 (MCL 750.239).

The bill was read a second time.

Rep. Brater moved to amend the bill as follows:

1. Amend page 2, line 5, by striking out all of enacting section 2.

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

Rep. Brater demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 392 Yeas--33

 

Baird	Dennis	Jacobs	Rison
Bogardus	Garza	Jamnick	Scott
Brater	Gieleghem	Kilpatrick	Stallworth
Brewer	Godchaux	Lemmons	Switalski
Byl	Hale	Lockwood	Tesanovich
Callahan	Hanley	Martinez	Thomas
Clark, I.	Hansen	Minore	Vaughn
Clarke, H.	Hardman	Prusi	Woodward

Daniels

Nays--69

 

Allen	Geiger	LaSata	Sanborn
Basham	Gilbert	Mead	Schauer
Birkholz	Gosselin	Middaugh	Schermesser
Bisbee	Green	Mortimer	Scranton
Bishop	Hager	Neumann	Shackleton
Bovin	Hart	O'Neil	Sheltrown
Bradstreet	Howell	Pappageorge	Shulman
Brown, B.	Jansen	Patterson	Spade
Brown, C.	Jelinek	Perricone	Stamas
Cassis	Jellema	Pestka	Tabor
Caul	Johnson, Rick	Pumford	Toy
DeHart	Johnson, Ruth	Raczkowski	Van Woerkom
DeRossett	Julian	Reeves	Vander Roest
DeVuyst	Koetje	Richardville	Vear
Ehardt	Kowall	Richner	Voorhees
Faunce	Kuipers	Rivet	Wojno
Frank	Kukuk	Rocca	Woronchak

Garcia

In The Chair: Scranton

Rep. Kowall 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. Raczkowski 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. 4534, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 239 (MCL 750.239).

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

Roll Call No. 393 Yeas--88

 

Allen	Frank	Kuipers	Rocca
Basham	Garcia	Kukuk	Sanborn
Birkholz	Geiger	LaSata	Schauer
Bisbee	Gieleghem	Lemmons	Schermesser
Bishop	Gilbert	Lockwood	Scranton
Bogardus	Gosselin	Mead	Shackleton
Bovin	Green	Middaugh	Sheltrown
Bradstreet	Hager	Minore	Shulman
Brewer	Hale	Mortimer	Spade
Brown, B.	Hansen	Neumann	Stamas
Brown, C.	Hardman	O'Neil	Switalski
Byl	Hart	Pappageorge	Tabor
Callahan	Howell	Patterson	Tesanovich
Cassis	Jansen	Perricone	Toy
Caul	Jelinek	Pestka	Van Woerkom
Cherry	Jellema	Prusi	Vander Roest
Clark, I.	Johnson, Rick	Pumford	Vaughn
Daniels	Johnson, Ruth	Raczkowski	Vear
DeHart	Julian	Reeves	Voorhees
DeRossett	Kilpatrick	Richardville	Wojno
DeVuyst	Koetje	Richner	Woodward
Faunce	Kowall	Rivet	Woronchak

Nays--10

 

Baird	Godchaux	Martinez	Scott
Brater	Hanley	Rison	Thomas

Clarke, H. Jacobs

In The Chair: Scranton

The House agreed to the title of the bill.

Rep. Raczkowski 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. 4535, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 239 (MCL 750.239).

The bill was read a second time.

Rep. Tabor 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. Raczkowski 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. 4535, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 239 (MCL 750.239).

The bill was read a third time.

The question being on the passage of the bill,

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

The motion prevailed.

______

Rep. Scott moved that Rep. Vaughn be excused from the balance of today's session.

The motion prevailed.

Second Reading of Bills

House Bill No. 4537, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 43513 (MCL 324.43513), as amended by 1998 PA 129.

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

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

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

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

______

Rep. Bogardus moved that Rep. Jamnick be excused from the balance of today's session.

The motion prevailed.

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 4537, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 43513 (MCL 324.43513), as amended by 1998 PA 129.

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

Roll Call No. 394 Yeas--88

 

Allen	Garcia	Kukuk	Rocca
Basham	Geiger	LaSata	Sanborn
Birkholz	Gieleghem	Lemmons	Schauer
Bisbee	Gilbert	Lockwood	Schermesser
Bishop	Gosselin	Mead	Scranton
Bovin	Green	Middaugh	Shackleton
Bradstreet	Hager	Mortimer	Sheltrown
Brown, B.	Hale	Neumann	Shulman
Brown, C.	Hansen	O'Neil	Spade
Byl	Hardman	Pappageorge	Stallworth
Callahan	Hart	Patterson	Stamas
Cassis	Howell	Perricone	Switalski
Caul	Jansen	Pestka	Tabor
Cherry	Jelinek	Prusi	Tesanovich
Clark, I.	Jellema	Pumford	Toy
Daniels	Johnson, Rick	Quarles	Van Woerkom
DeHart	Johnson, Ruth	Raczkowski	Vander Roest
DeRossett	Julian	Reeves	Vear
DeVuyst	Kilpatrick	Richardville	Voorhees
Ehardt	Koetje	Richner	Wojno
Faunce	Kowall	Rison	Woodward
Frank	Kuipers	Rivet	Woronchak

Nays--12

 

Baird	Clarke, H.	Hanley	Minore
Brater	Garza	Jacobs	Scott
Brewer	Godchaux	Martinez	Thomas

In The Chair: Scranton

The House agreed to the title of the bill.

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

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

______

Rep. Bogardus moved that Rep. Minore be excused from the balance of today's session.

The motion prevailed.

The House returned to the consideration of

House Bill No. 4535, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 239 (MCL 750.239).

(The bill was considered earlier today, see today's Journal, p. 904.)

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. 395 Yeas--77

 

Allen	Geiger	Lemmons	Schauer
Basham	Gieleghem	Lockwood	Schermesser
Birkholz	Gilbert	Mead	Scranton
Bisbee	Gosselin	Middaugh	Shackleton
Bishop	Green	Mortimer	Sheltrown
Bovin	Hager	Neumann	Shulman
Bradstreet	Hart	O'Neil	Spade
Brown, B.	Howell	Pappageorge	Stamas
Brown, C.	Jansen	Patterson	Switalski
Callahan	Jelinek	Perricone	Tabor
Cassis	Jellema	Pestka	Tesanovich
Caul	Johnson, Rick	Prusi	Toy
Cherry	Johnson, Ruth	Pumford	Van Woerkom
Clarke, H.	Julian	Raczkowski	Vander Roest
DeHart	Koetje	Richardville	Vear
DeRossett	Kowall	Richner	Voorhees
DeVuyst	Kuipers	Rivet	Wojno
Ehardt	Kukuk	Rocca	Woodward
Faunce	LaSata	Sanborn	Woronchak

Frank

Nays--23

 

Baird	Daniels	Hanley	Reeves
Bogardus	Dennis	Hardman	Rison
Brater	Garcia	Jacobs	Scott
Brewer	Garza	Kilpatrick	Stallworth
Byl	Godchaux	Martinez	Thomas
Clark, I.	Hale	Quarles

In The Chair: Scranton

The House agreed to the title of the bill.

Rep. Raczkowski 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. 4538, entitled

A bill to amend 1976 PA 267, entitled "Open meetings act," by amending section 8 (MCL 15.268), as amended by 1996 PA 464.

The bill was read a second time.

Rep. Bradstreet 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. Raczkowski 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. 4538, entitled

A bill to amend 1976 PA 267, entitled "Open meetings act," by amending section 8 (MCL 15.268), as amended by 1996 PA 464.

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

Roll Call No. 396 Yeas--75

 

Allen	Garcia	Lemmons	Schermesser
Basham	Geiger	Mead	Scranton
Birkholz	Gilbert	Middaugh	Shackleton
Bisbee	Gosselin	Mortimer	Sheltrown
Bishop	Green	Neumann	Shulman
Bovin	Hager	O'Neil	Spade
Bradstreet	Hart	Pappageorge	Stamas
Brown, B.	Howell	Perricone	Switalski
Brown, C.	Jansen	Pestka	Tabor
Byl	Jelinek	Prusi	Tesanovich
Callahan	Jellema	Pumford	Toy
Cassis	Johnson, Rick	Raczkowski	Van Woerkom
Caul	Johnson, Ruth	Reeves	Vander Roest
DeHart	Julian	Richardville	Vear
DeRossett	Koetje	Richner	Voorhees
DeVuyst	Kowall	Rivet	Wojno
Ehardt	Kuipers	Rocca	Woodward
Faunce	Kukuk	Sanborn	Woronchak
Frank	LaSata	Schauer

Nays--25

 

Baird	Daniels	Hanley	Martinez
Bogardus	Dennis	Hansen	Patterson
Brater	Garza	Hardman	Quarles
Brewer	Gieleghem	Jacobs	Scott
Cherry	Godchaux	Kilpatrick	Stallworth
Clark, I.	Hale	Lockwood	Thomas

Clarke, H.

In The Chair: Scranton

The House agreed to the title of the bill.

Rep. Raczkowski 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. 4545, entitled

A bill to amend 1976 PA 442, entitled "Freedom of information act," by amending section 13 (MCL 15.243), as amended by 1996 PA 553.

The bill was read a second time.

Rep. Middaugh moved to amend the bill as follows:

1. Amend page 8, line 22, after "(Z)" by striking out the balance of the subdivision and inserting "ANY INFORMATION CONTAINED IN AN APPLICATION FOR A LICENSE TO CARRY A CONCEALED PISTOL OR IN A LICENSE TO CARRY A CONCEALED PISTOL THAT IDENTIFIES THE APPLICANT OR LICENSEE.".

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

Rep. DeHart 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. Raczkowski 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. 4545, entitled

A bill to amend 1976 PA 442, entitled "Freedom of information act," by amending section 13 (MCL 15.243), as amended by 1996 PA 553.

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

Roll Call No. 397 Yeas--58

 

Allen	Faunce	Kuipers	Rivet
Basham	Garcia	Kukuk	Rocca
Birkholz	Geiger	LaSata	Sanborn
Bisbee	Gilbert	Mead	Schermesser
Bishop	Gosselin	Middaugh	Scranton
Bovin	Green	Mortimer	Shackleton
Bradstreet	Hager	Neumann	Sheltrown
Brown, B.	Hart	O'Neil	Shulman
Brown, C.	Howell	Pappageorge	Tabor
Cassis	Jansen	Perricone	Toy
Caul	Jelinek	Pumford	Van Woerkom
DeHart	Johnson, Rick	Raczkowski	Vander Roest
DeRossett	Julian	Reeves	Vear
DeVuyst	Koetje	Richardville	Voorhees

Ehardt Kowall

Nays--43

 

Baird	Frank	Kilpatrick	Scott
Bogardus	Garza	Lemmons	Spade
Brater	Gieleghem	Lockwood	Stallworth
Brewer	Godchaux	Martinez	Stamas
Byl	Hale	Patterson	Switalski
Callahan	Hanley	Pestka	Tesanovich
Cherry	Hansen	Prusi	Thomas
Clark, I.	Hardman	Quarles	Wojno
Clarke, H.	Jacobs	Richner	Woodward
Daniels	Jellema	Rison	Woronchak
Dennis	Johnson, Ruth	Schauer

In The Chair: Scranton

The House agreed to the title of the bill.

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

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

Rep. Woronchak moved that his name be removed as co-sponsor of the bill.

______

Rep. Bogardus, having reserved the right to explain her protest against the passage of the bill, made the following statement:

"Mr. Speaker and members of the House:

I voted no on HB 4545 because I believe the public needs to have information to prevent the fraud as was present in my county."

Rep. Cherry, having reserved the right to explain her protest against the passage of the bill, made the following statement:

"Mr. Speaker and members of the House:

I am voting no on HB 4545 to exempt identifying information on gun license applications from the Freedom of Information Act. In Genesee County, there was a violation of the concealed weapon law because concealed weapon applications had incorrect information put on the application intentionally and signatures were forged. A local elected official was prosecuted for this action. However, this information would never have come to light if the local paper had not investigated and requested such information through a FOIA request. If this bill is passed into law, it is likely that this investigation would not have been conducted and violations to the concealed weapon law would be kept in secret. If we want to have a fair and open local gun control board operation, the applications, along with the proceedings of the gun board must remain open and under public scrutiny.

Because I believe that keeping identifying information public is vital to ensuring compliance with the law, I am voting no on HB 4545."

Rep. Callahan, 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 no on House Bill 4545 because it exempts certain information from the Freedom of Information Act. The FOIA assures accountability and helps to avoid the type of corruption that occurred in Genesee County not too long ago. Without this accountability I could not in good faith vote for House Bill 4545."

Second Reading of Bills

House Bill No. 4536, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," (MCL 750.1 to 750.568) by adding section 230a.

(The bill was read a second time, amendment offered and bill postponed for the day on May 13, see House Journal No. 43, p. 831.)

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

Rep. Thomas moved to withdraw his request for a record roll call.

The motion prevailed.

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

The amendment was not adopted, a majority of the members serving not voting therefor.

Rep. Rick Johnson 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. Raczkowski moved that the bill be placed on its immediate passage.

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

______

Rep. Scott moved that Rep. Rison be excused from the balance of today's session.

The motion prevailed.

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 4536, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," (MCL 750.1 to 750.568) by adding section 230a.

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

Roll Call No. 398 Yeas--81

 

Allen	Garcia	Kukuk	Sanborn
Basham	Geiger	LaSata	Schauer
Birkholz	Gieleghem	Lemmons	Schermesser
Bisbee	Gilbert	Lockwood	Scranton
Bishop	Gosselin	Mead	Shackleton
Bovin	Green	Middaugh	Sheltrown
Bradstreet	Hager	Mortimer	Shulman
Brown, B.	Hanley	Neumann	Spade
Brown, C.	Hansen	O'Neil	Stamas
Byl	Hart	Pappageorge	Switalski
Callahan	Howell	Patterson	Tabor
Cassis	Jansen	Perricone	Tesanovich
Caul	Jelinek	Pestka	Toy
Cherry	Jellema	Prusi	Van Woerkom
Clarke, H.	Johnson, Rick	Pumford	Vander Roest
DeHart	Johnson, Ruth	Raczkowski	Vear
DeRossett	Julian	Richardville	Voorhees
DeVuyst	Koetje	Richner	Wojno
Ehardt	Kowall	Rivet	Woodward
Faunce	Kuipers	Rocca	Woronchak

Frank

Nays--18

 

Baird	Dennis	Jacobs	Reeves
Brater	Garza	Kilpatrick	Scott
Brewer	Godchaux	Martinez	Stallworth
Clark, I.	Hale	Quarles	Thomas

Daniels Hardman

In The Chair: Scranton

The House agreed to the title of the bill.

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

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

Rep. Pumford moved that Rep. Byl be excused temporarily from today's session.

The motion prevailed.

Second Reading of Bills

House Bill No. 4543, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending sections 233, 234d, 234e, 234f, 235, and 237 (MCL 750.233, 750.234d, 750.234e, 750.234f, 750.235, and 750.237), section 234d as amended by 1994 PA 158, section 234e as added by 1990 PA 321, and section 234f as amended by 1996 PA 80.

(The bill was read a second time, substitute (H-2) adopted, amendments offered and bill postponed for the day on May 13, see House Journal No. 43, p. 832.)

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

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

Roll Call No. 399 Yeas--46

 

Baird	Daniels	Kilpatrick	Schauer
Birkholz	Dennis	Lemmons	Scott
Bogardus	Frank	Lockwood	Spade
Bovin	Garza	Martinez	Stallworth
Brater	Gieleghem	Neumann	Switalski
Brewer	Godchaux	O'Neil	Tesanovich
Brown, B.	Hager	Pestka	Thomas
Callahan	Hale	Quarles	Van Woerkom
Cassis	Hanley	Reeves	Wojno
Cherry	Hansen	Richner	Woodward
Clark, I.	Hardman	Rivet	Woronchak

Clarke, H. Jacobs

Nays--50

 

Allen	Geiger	Kowall	Richardville
Basham	Gilbert	Kuipers	Rocca
Bisbee	Gosselin	Kukuk	Sanborn
Bishop	Green	LaSata	Scranton
Bradstreet	Hart	Mead	Shackleton
Brown, C.	Howell	Middaugh	Sheltrown
Caul	Jansen	Mortimer	Shulman
DeHart	Jelinek	Pappageorge	Stamas
DeRossett	Jellema	Patterson	Tabor
DeVuyst	Johnson, Rick	Perricone	Toy
Ehardt	Johnson, Ruth	Pumford	Vear
Faunce	Julian	Raczkowski	Voorhees

Garcia Koetje

In The Chair: Scranton

______

Reps. Shackleton, Howell, Richardville, Faunce, Julian and Caul, having reserved the right to explain their nay vote, made the following statement:

"Mr. Speaker and members of the House:

This amendment is not needed as the bill already provides every school with the option of being weapon-free. A school's weapon-free status applies to ccw permit holders."

Rep. LaForge moved to amend the bill as follows:

1. Amend page 4, following line 27, by inserting:

"(I) AN INSTITUTION OF HIGHER EDUCATION OR ANY BUILDING, FACILITY, OR REAL PROPERTY OPERATED BY AN INSTITUTION OF HIGHER EDUCATION.".

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

______

Rep. Hanley moved that Rep. Cherry be excused temporarily from today's session.

The motion prevailed.

Rep. Scott moved to amend the bill as follows:

1. Amend page 1, following "THE PEOPLE OF THE STATE OF MICHIGAN ENACT:" by inserting:

"SEC. 223A. (1) AN INDIVIDUAL WHO OWNS OR HAS CUSTODY OF A FIREARM AND KNOWS OR REASONABLY SHOULD KNOW THAT THE FIREARM IS ACCESSIBLE TO A MINOR, WITHOUT THE CONSENT OF THE MINOR'S PARENT OR OTHER PERSON HAVING CHARGE OF THE MINOR, SHALL KEEP OR STORE THE FIREARM ON ANY PREMISES UNDER HIS OR HER CONTROL IN 1 OR MORE OF THE FOLLOWING WAYS:

(A) IN A SECURELY LOCKED BOX OR OTHER LOCKED CONTAINER.

(B) LOCKED WITH A TRIGGER LOCK.

(2) SUBSECTION (1) DOES NOT APPLY TO AN INDIVIDUAL WHO CARRIES A FIREARM ON HIS OR HER PERSON.

(3) SUBJECT TO SUBSECTION (4), A PERSON WHO VIOLATES SUBSECTION (1) IS GUILTY OF A CRIME AS FOLLOWS:

(A) IF A MINOR GAINS ACCESS TO THE FIREARM AND POSSESSES THE FIREARM IN A PUBLIC PLACE OR EXHIBITS THE FIREARM IN A RECKLESS, CARELESS, OR THREATENING MANNER IN ANY PLACE, THE INDIVIDUAL IS GUILTY OF A MISDEMEANOR PUNISHABLE BY IMPRISONMENT FOR NOT MORE THAN 93 DAYS OR A FINE OF NOT MORE THAN $100.00, OR BOTH.

(B) IF A MINOR GAINS ACCESS TO A FIREARM AND INFLICTS DEATH OR INJURY UPON HIMSELF OR HERSELF OR ANY OTHER PERSON, THE INDIVIDUAL IS GUILTY OF A FELONY PUNISHABLE BY IMPRISONMENT FOR NOT MORE THAN 5 YEARS OR A FINE OF NOT MORE THAN $5,000.00, OR BOTH.

(4) THIS SECTION DOES NOT APPLY TO AN INDIVIDUAL WHOSE FIREARM IS OBTAINED BY A MINOR THROUGH AN UNLAWFUL ENTRY UPON THE PREMISES WHERE THE FIREARM IS KEPT OR STORED.

(5) A PERSON WHO ENGAGES IN THE BUSINESS OF SELLING FIREARMS IN THIS STATE SHALL DO BOTH OF THE FOLLOWING:

(A) POST A NOTICE IN A CONSPICUOUS PLACE THAT NOTIFIES THE PURCHASER OF A FIREARM OF THE CONTENTS OF THIS SECTION.

(B) PROVIDE TO EACH PURCHASER OF A FIREARM A WRITTEN COPY OF THIS SECTION.

(6) AS USED IN THIS SECTION:

(A) "MINOR" MEANS A PERSON WHO IS LESS THAN 18 YEARS OF AGE.

(B) "TRIGGER LOCK" MEANS A DEVICE ATTACHED TO A FIREARM'S TRIGGER MECHANISM THAT PREVENTS THE FIREARM FROM BEING FIRED.".

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

Rep. Scott demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 400 Yeas--34

 

Baird	Clarke, H.	Hardman	Scott
Birkholz	Daniels	Jacobs	Spade
Bogardus	Dennis	Kilpatrick	Stallworth
Brater	Garza	Lemmons	Switalski
Brewer	Gieleghem	Lockwood	Thomas
Brown, B.	Godchaux	Martinez	Van Woerkom
Byl	Hale	Reeves	Wojno
Caul	Hanley	Schermesser	Woodward

Clark, I. Hansen

Nays--56

 

Allen	Gosselin	Kukuk	Rivet
Bisbee	Green	LaSata	Rocca
Bishop	Hager	Mead	Sanborn
Bradstreet	Hart	Middaugh	Scranton
Brown, C.	Howell	Mortimer	Shackleton
Cassis	Jansen	Neumann	Sheltrown
DeRossett	Jelinek	Pappageorge	Shulman
DeVuyst	Jellema	Patterson	Stamas
Ehardt	Johnson, Rick	Perricone	Tabor
Faunce	Johnson, Ruth	Pestka	Toy
Frank	Julian	Pumford	Vander Roest
Garcia	Koetje	Raczkowski	Vear
Geiger	Kowall	Richardville	Voorhees
Gilbert	Kuipers	Richner	Woronchak

In The Chair: Scranton

Rep. Lemmons moved to amend the bill as follows:

1. Amend page 1, after "THE PEOPLE OF THE STATE OF MICHIGAN ENACT:" by inserting:

"SEC. 223B. (1) A PERSON SHALL NOT LEAVE A LOADED FIREARM IN A MOTOR VEHICLE THAT IS UNATTENDED.

(2) A PERSON WHO VIOLATES SUBSECTION (1) IS GUILTY OF A MISDEMEANOR PUNISHABLE BY IMPRISONMENT FOR NOT MORE THAN 93 DAYS OR BY A FINE OF NOT MORE THAN $500.00, OR BOTH.

(3) A PERSON WHO COMMITS A SECOND OR SUBSEQUENT VIOLATION OF SUBSECTION (1) IS GUILTY OF A FELONY PUNISHABLE BY IMPRISONMENT FOR NOT MORE THAN 2 YEARS OR A FINE OF NOT MORE THAN $1,000.00, OR BOTH.".

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

Rep. Lemmons demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 401 Yeas--23

 

Baird	Daniels	Hansen	Quarles
Bogardus	Dennis	Jacobs	Schauer
Brater	Garza	Jellema	Scott
Byl	Gieleghem	Lemmons	Switalski
Clark, I.	Godchaux	Lockwood	Thomas
Clarke, H.	Hanley	Martinez

Nays--72

 

Allen	Geiger	LaSata	Sanborn
Basham	Gilbert	Mead	Schermesser
Birkholz	Gosselin	Middaugh	Scranton
Bisbee	Green	Mortimer	Shackleton
Bishop	Hager	Neumann	Sheltrown
Bovin	Hale	O'Neil	Shulman
Bradstreet	Hart	Pappageorge	Spade
Brown, B.	Howell	Patterson	Stamas
Brown, C.	Jansen	Perricone	Tabor
Cassis	Jelinek	Pestka	Tesanovich
Caul	Johnson, Rick	Prusi	Toy
DeHart	Johnson, Ruth	Pumford	Van Woerkom
DeRossett	Julian	Raczkowski	Vander Roest
DeVuyst	Kilpatrick	Reeves	Vear
Ehardt	Koetje	Richardville	Voorhees
Faunce	Kowall	Richner	Wojno
Frank	Kuipers	Rivet	Woodward
Garcia	Kukuk	Rocca	Woronchak

In The Chair: Scranton

Rep. Baird moved to amend the bill as follows:

1. Amend page 4, following line 27, by inserting:

"(I) ANY RESIDENCE, BUSINESS ESTABLISHMENT, OR OTHER PRIVATE PROPERTY AT WHICH THE PROPERTY OWNER HAS POSTED A SIGN THAT CONTAINS THE STATEMENT "NO FIREARMS ALLOWED" OR AT WHICH THE PROPERTY OWNER HAS VERBALLY INFORMED THE PERSON THAT FIREARMS ARE PROHIBITED ON THE PREMISES.".

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

Rep. Baird demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 402 Yeas--34

 

Baird	Garza	Lemmons	Scott
Bogardus	Gieleghem	Lockwood	Spade
Brater	Godchaux	Martinez	Stallworth
Byl	Hale	O'Neil	Switalski
Callahan	Hanley	Prusi	Tesanovich
Clark, I.	Hansen	Quarles	Thomas
Clarke, H.	Hardman	Rivet	Wojno
Daniels	Jacobs	Schauer	Woodward

Dennis Kilpatrick

Nays--60

 

Allen	Faunce	Koetje	Rocca
Basham	Garcia	Kowall	Sanborn
Birkholz	Geiger	Kuipers	Schermesser
Bisbee	Gilbert	Kukuk	Scranton
Bishop	Gosselin	LaSata	Shackleton
Bovin	Green	Mead	Sheltrown
Bradstreet	Hager	Middaugh	Shulman
Brown, B.	Hart	Mortimer	Stamas
Brown, C.	Howell	Pappageorge	Tabor
Cassis	Jansen	Patterson	Toy
Caul	Jelinek	Perricone	Van Woerkom
DeHart	Jellema	Pumford	Vander Roest
DeRossett	Johnson, Rick	Raczkowski	Vear
DeVuyst	Johnson, Ruth	Richardville	Voorhees
Ehardt	Julian	Richner	Woronchak

In The Chair: Scranton

Rep. Baird moved to amend the bill as follows:

1. Amend page 4, following line 11, by inserting:

"Sec. 234a. (1) Except as provided in subsection (2), or (3), (4), OR (5), an individual who intentionally discharges a firearm from a motor vehicle, a snowmobile, or an off-road vehicle in such a manner as to endanger the safety of another individual is guilty of a felony, punishable by imprisonment for not more than 4 years, or a fine of not more than $2,000.00, or both.

(2) AN INDIVIDUAL WHO COMMITS A SECOND OR SUBSEQUENT VIOLATION OF SUBSECTION (1) IS GUILTY OF A FELONY PUNISHABLE BY IMPRISONMENT FOR NOT MORE THAN 8 YEARS OR A FINE OF NOT MORE THAN $5,000.00, OR BOTH.

(3) AN INDIVIDUAL WHO IS LICENSED TO CARRY A CONCEALED PISTOL WHO VIOLATES SUBSECTION (1) AND IS CARRYING A PISTOL, WHETHER CONCEALED OR NOT, AT THE TIME HE OR SHE COMMITS THE VIOLATION IS GUILTY OF A FELONY PUNISHABLE BY IMPRISONMENT FOR NOT MORE THAN 8 YEARS OR A FINE OF NOT MORE THAN $5,000.00, OR BOTH.

(4) (2) Subsection (1) does SUBSECTIONS (1), (2), AND (3) DO not apply to a peace officer of this state or another state, or of a local unit of government of this state or another state, or of the United States, performing his or her duties as a peace officer while on or off a scheduled work shift as a peace officer.

(5) (3) Subsection (1) does SUBSECTIONS (1), (2), AND (3) DO not apply to an individual who discharges a firearm in self-defense or the defense of another individual.".

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

Rep. Baird demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 403 Yeas--99

 

Allen	Faunce	Koetje	Rocca
Baird	Frank	Kowall	Sanborn
Basham	Garcia	Kuipers	Schauer
Birkholz	Garza	Kukuk	Schermesser
Bisbee	Geiger	LaSata	Scott
Bishop	Gieleghem	Lemmons	Scranton
Bogardus	Gilbert	Lockwood	Shackleton
Bovin	Godchaux	Martinez	Sheltrown
Bradstreet	Gosselin	Mead	Shulman
Brater	Green	Middaugh	Spade
Brewer	Hager	Mortimer	Stallworth
Brown, B.	Hale	Neumann	Stamas
Brown, C.	Hanley	O'Neil	Switalski
Byl	Hansen	Pappageorge	Tabor
Callahan	Hardman	Patterson	Tesanovich
Cassis	Hart	Perricone	Thomas
Caul	Howell	Pestka	Toy
Clark, I.	Jacobs	Prusi	Van Woerkom
Clarke, H.	Jansen	Pumford	Vander Roest
Daniels	Jelinek	Quarles	Vear
DeHart	Jellema	Raczkowski	Voorhees
Dennis	Johnson, Rick	Reeves	Wojno
DeRossett	Johnson, Ruth	Richardville	Woodward
DeVuyst	Julian	Richner	Woronchak
Ehardt	Kilpatrick	Rivet

Nays--0

In The Chair: Scranton

Rep. Baird moved to amend the bill as follows:

1. Amend page 4, following line 27, by inserting:

"(I) AN INSTITUTION OF HIGHER EDUCATION OR ANY BUILDING, FACILITY, OR REAL PROPERTY OPERATED BY AN INSTITUTION OF HIGHER EDUCATION, UNLESS THE INDIVIDUAL IS PARTICIPATING IN A CRIMINAL JUSTICE COURSE OF STUDY OR TRAINING THAT REQUIRES THE INDIVIDUAL TO CARRY A CONCEALED PISTOL DURING THAT COURSE OF STUDY OR TRAINING.".

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

Rep. Baird demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 404 Yeas--32

 

Baird	Garza	Kilpatrick	Scott
Bogardus	Gieleghem	Lemmons	Spade
Brater	Godchaux	Lockwood	Stallworth
Brown, B.	Hale	Martinez	Switalski
Byl	Hanley	O'Neil	Thomas
Clarke, H.	Hansen	Quarles	Van Woerkom
Daniels	Hardman	Richner	Wojno
Dennis	Jacobs	Schauer	Woodward

Nays--65

 

Allen	Garcia	Kuipers	Rivet
Basham	Geiger	Kukuk	Rocca
Birkholz	Gilbert	LaSata	Sanborn
Bisbee	Gosselin	Mead	Schermesser
Bishop	Green	Middaugh	Scranton
Bovin	Hager	Mortimer	Shackleton
Bradstreet	Hart	Neumann	Sheltrown
Brewer	Howell	Pappageorge	Shulman
Brown, C.	Jansen	Patterson	Stamas
Cassis	Jelinek	Perricone	Tabor
Caul	Jellema	Pestka	Tesanovich
DeHart	Johnson, Rick	Prusi	Toy
DeRossett	Johnson, Ruth	Pumford	Vander Roest
DeVuyst	Julian	Raczkowski	Vear
Ehardt	Koetje	Reeves	Voorhees
Faunce	Kowall	Richardville	Woronchak

Frank

In The Chair: Scranton

______

Rep. Quarles moved that Rep. Clark be excused from the balance of today's session.

The motion prevailed.

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

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

Roll Call No. 405 Yeas--41

 

Baird	Garza	Kilpatrick	Rivet
Birkholz	Gieleghem	Lemmons	Schauer
Bogardus	Godchaux	Lockwood	Scott
Brater	Hale	Martinez	Spade
Brewer	Hanley	O'Neil	Stallworth
Brown, B.	Hansen	Pestka	Switalski
Byl	Hardman	Prusi	Thomas
Cassis	Jacobs	Pumford	Van Woerkom
Caul	Jellema	Quarles	Wojno
Daniels	Johnson, Ruth	Richner	Woodward

Dennis

Nays--54

 

Allen	Gilbert	LaSata	Schermesser
Basham	Gosselin	Mead	Scranton
Bisbee	Green	Middaugh	Shackleton
Bishop	Hager	Mortimer	Sheltrown
Bovin	Hart	Neumann	Shulman
Bradstreet	Howell	Pappageorge	Stamas
Brown, C.	Jansen	Patterson	Tabor
DeHart	Jelinek	Perricone	Tesanovich
DeRossett	Johnson, Rick	Raczkowski	Toy
DeVuyst	Julian	Reeves	Vander Roest
Ehardt	Koetje	Richardville	Vear
Faunce	Kowall	Rocca	Voorhees
Garcia	Kuipers	Sanborn	Woronchak

Geiger Kukuk

In The Chair: Scranton

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

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

Roll Call No. 406 Yeas--49

 

Allen	Dennis	Kilpatrick	Richner
Baird	Garza	Lemmons	Rivet
Birkholz	Gieleghem	Lockwood	Scott
Bogardus	Godchaux	Martinez	Sheltrown
Bovin	Hager	Middaugh	Spade
Brater	Hale	Neumann	Stallworth
Brewer	Hanley	O'Neil	Switalski
Brown, B.	Hansen	Pestka	Tesanovich
Byl	Hardman	Prusi	Thomas
Callahan	Jacobs	Pumford	Van Woerkom
Cassis	Jelinek	Quarles	Wojno
Caul	Jellema	Reeves	Woodward

Daniels

Nays--45

 

Basham	Geiger	Kowall	Rocca
Bisbee	Gilbert	Kuipers	Sanborn
Bishop	Gosselin	Kukuk	Shackleton
Bradstreet	Green	LaSata	Shulman
Brown, C.	Hart	Mead	Stamas
DeHart	Howell	Mortimer	Tabor
DeRossett	Jansen	Pappageorge	Toy
DeVuyst	Johnson, Rick	Patterson	Vander Roest
Ehardt	Johnson, Ruth	Perricone	Vear
Faunce	Julian	Raczkowski	Voorhees
Frank	Koetje	Richardville	Woronchak

Garcia

In The Chair: Scranton

Rep. Callahan moved to amend the bill as follows:

1. Amend page 5, line 6, by striking out all of subdivision (c) and inserting:

"(C) WITH REGARD TO SUBDIVISION (1)(A), a person licensed by this state or another state to carry a concealed weapon.".

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

Rep. Basham 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. Raczkowski 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. 4543, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending sections 233, 234d, 234e, 234f, 235, and 237 (MCL 750.233, 750.234d, 750.234e, 750.234f, 750.235, and 750.237), section 234d as amended by 1994 PA 158, section 234e as added by 1990 PA 321, and section 234f as amended by 1996 PA 80.

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

Roll Call No. 407 Yeas--81

 

Allen	Geiger	LaSata	Schauer
Basham	Gieleghem	Lockwood	Schermesser
Birkholz	Gilbert	Mead	Scranton
Bisbee	Gosselin	Middaugh	Shackleton
Bishop	Green	Mortimer	Sheltrown
Bovin	Hanley	Neumann	Shulman
Bradstreet	Hansen	O'Neil	Spade
Brown, B.	Hart	Pappageorge	Stallworth
Brown, C.	Howell	Patterson	Stamas
Byl	Jansen	Perricone	Switalski
Callahan	Jelinek	Pestka	Tabor
Cassis	Jellema	Prusi	Tesanovich
Caul	Johnson, Rick	Pumford	Toy
Daniels	Johnson, Ruth	Raczkowski	Van Woerkom
DeHart	Julian	Reeves	Vander Roest
DeRossett	Kilpatrick	Richardville	Vear
DeVuyst	Koetje	Richner	Voorhees
Ehardt	Kowall	Rivet	Wojno
Faunce	Kuipers	Rocca	Woodward
Frank	Kukuk	Sanborn	Woronchak

Garcia

Nays--15

 

Baird	Dennis	Hardman	Quarles
Bogardus	Garza	Jacobs	Scott
Brater	Godchaux	Lemmons	Thomas
Brewer	Hale	Martinez

In The Chair: Scranton

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

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

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending sections 227, 233, 234a, 234d, 234e, 234f, 235, 237, and 237a (MCL 750.227, 750.233, 750.234a, 750.234d, 750.234e, 750.234f, 750.235, 750.237, and 750.237a), section 227 as amended by 1986 PA 8, section 234a as amended by 1996 PA 163, section 234d as amended and section 237a as added by 1994 PA 158, section 234e as added by 1990 PA 321, and section 234f as amended by 1996 PA 80.

The motion prevailed.

The House agreed to the title as amended.

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

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

______

Rep. Dennis, having reserved the right to explain her protest against the passage of the bill, made the following statement:

"Mr. Speaker and members of the House:

The bill does not go far enough in restrictions placed on a concealed weapons permit holder. We had the opportunity to pass amendments that prohibited concealed weapons from being brought on to school premises for example. However, the amendments were defeated. Therefore, I cannot support this bill."

House Bill No. 4641, entitled

A bill to amend 1970 PA 202, entitled "Explosives act of 1970," by amending sections 5 and 15 (MCL 29.45 and 29.55).

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

Roll Call No. 408 Yeas--97

 

Allen	Frank	Kowall	Rocca
Baird	Garcia	Kuipers	Sanborn
Basham	Garza	Kukuk	Schauer
Birkholz	Gieleghem	LaSata	Schermesser
Bisbee	Gilbert	Lemmons	Scott
Bishop	Godchaux	Lockwood	Scranton
Bogardus	Gosselin	Martinez	Shackleton
Bovin	Green	Mead	Sheltrown
Bradstreet	Hager	Middaugh	Shulman
Brater	Hale	Mortimer	Spade
Brewer	Hanley	Neumann	Stallworth
Brown, B.	Hansen	O'Neil	Stamas
Brown, C.	Hardman	Pappageorge	Switalski
Byl	Hart	Patterson	Tabor
Callahan	Howell	Perricone	Tesanovich
Cassis	Jacobs	Pestka	Thomas
Caul	Jansen	Prusi	Toy
Clarke, H.	Jelinek	Pumford	Van Woerkom
Daniels	Jellema	Quarles	Vander Roest
DeHart	Johnson, Rick	Raczkowski	Vear
Dennis	Johnson, Ruth	Reeves	Voorhees
DeRossett	Julian	Richardville	Wojno
DeVuyst	Kilpatrick	Richner	Woodward
Ehardt	Koetje	Rivet	Woronchak

Faunce

Nays--0

In The Chair: Scranton

The House agreed to the title of the bill.

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

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