No. 66
STATE OF MICHIGAN
JOURNAL
OF THE
House of Representatives
90th Legislature
REGULAR SESSION OF 1999
House Chamber, Lansing, Thursday, October 7, 1999.
12:00 Noon.
The House was called to order by the Speaker Pro Tempore.
The roll was called by the Clerk of the House of Representatives, who announced that a quorum was present.
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
Kukuk--present
Law--present
Lemmons--present
Lockwood--present
Mans--present
Martinez--present
Mead--present
Middaugh--present
Minore--present
Mortimer--present
Neumann--present
O'Neil--excused
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
Rev. Phil Myers, Pastor of Bethel Temple Church in New Baltimore, offered the following invocation:
"Heavenly Father, we thank You for this day that You have given to us. We thank You for Your provision. We thank You for the opportunity to be involved in leadership, whether it be in our churches, whether it be in our country, our nation, our state, or even in our cities. We thank You for this opportunity. God, we recognize that You have placed us in positions of authority, and responsibility of leadership. That we may be those that are used by You to guide the direction of our state, our cities, our country. Father, I ask for Your provision, Your wisdom, to be upon each one of these individuals in this House today. That they would be guided by Your Holy Spirit, led in the directions that You would have them to go. As a result, we would be accomplishing Your perfect will. We ask for Your instructions, we ask for Your guidance, we ask for Your strength to accomplish what You have called for us to do. We know that there are those that would oppose Your will, but Father, we recognize that You are the God of all gods. You are the great I Am, the Alpha, the Omega, the beginning, and the end. We start this time, this day, with our call to You, to help us as we take these responsibilities seriously. We thank You, we give You all the glory, we give You all the honor. In Jesus' name, we pray. Amen."
______
Rep. Basham moved that Rep. O'Neil be excused temporarily from today's session.
The motion prevailed.
Rep. Scott moved that Rep. Kelly be excused from today's session.
The motion prevailed.
Third Reading of Bills
House Bill No. 4851, entitled
A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding section 10103a.
(The bill was read a third time and postponed for the day on October 6, see House Journal No. 65, p. 1879.)
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. 851 Yeas--108
| Allen | Faunce | Kowall | Rison |
| Baird | Frank | Kuipers | Rivet |
| Basham | Garcia | Kukuk | Rocca |
| Birkholz | Garza | LaForge | Sanborn |
| Bisbee | Geiger | LaSata | Schauer |
| Bishop | Gieleghem | Law | Schermesser |
| Bogardus | Gilbert | Lemmons | Scott |
| Bovin | Godchaux | Lockwood | Scranton |
| Bradstreet | Gosselin | Mans | Shackleton |
| Brater | Green | Martinez | Sheltrown |
| Brewer | Hager | Mead | Shulman |
| Brown, B. | Hale | Middaugh | Spade |
| Brown, C. | Hanley | Minore | Stallworth |
| Byl | Hansen | Mortimer | Stamas |
| Callahan | Hardman | Neumann | Switalski |
| Cassis | Hart | Pappageorge | Tabor |
| Caul | Howell | Patterson | Tesanovich |
| Cherry | Jacobs | Perricone | Thomas |
| Clark, I. | Jamnick | Pestka | Toy |
| Clarke, H. | Jansen | Price | Van Woerkom |
| Daniels | Jelinek | Prusi | Vander Roest |
| DeHart | Jellema | Pumford | Vaughn |
| Dennis | Johnson, Rick | Quarles | Vear |
| DeRossett | Johnson, Ruth | Raczkowski | Voorhees |
| DeVuyst | Julian | Reeves | Wojno |
| DeWeese | Kilpatrick | Richardville | Woodward |
| Ehardt | Koetje | Richner | Woronchak |
Nays--0
In The Chair: Birkholz
The House agreed to the title of the bill.
Rep. Middaugh moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Reps. Allen, Basham, Birkholz, Bisbee, Bovin, Brater, Brewer, Byl, Callahan, Cassis, Dennis, DeRossett, DeVuyst, Faunce, Geiger, Gieleghem, Gilbert, Gosselin, Hager, Hardman, Howell, Jansen, Jelinek, Jellema, Rick Johnson, Ruth Johnson, Kowall, Kuipers, LaSata, Lockwood, Mead, Middaugh, Pappageorge, Patterson, Prusi, Pumford, Richardville, Rocca, Sanborn, Scott, Shackleton, Sheltrown, Shulman, Stallworth, Tabor, Toy, Van Woerkom, Vander Roest, Vear, Voorhees, Wojno, Woodward and Woronchak were named co-sponsors of the bill.
Second Reading of Bills
House Bill No. 4625, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," (MCL 760.1 to 777.69) by adding section 3a to chapter X.
Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Criminal Law and Corrections,
The substitute (H-2) was adopted, a majority of the members serving voting therefor.
Rep. Gilbert moved to amend the bill as follows:
1. Amend page 1, line 6, after "FOR" by striking out "A" and inserting "AN INDIGENT".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
______
Rep. Scott moved that Rep. Prusi be excused temporarily from today's session.
The motion prevailed.
Rep. Gilbert moved to amend the bill as follows:
1. Amend page 1, line 2, after "IN" by striking out "SUBSECTION (2)" and inserting "SUBSECTIONS (2) AND (3)".
2. Amend page 2, following line 7, by inserting:
"(3) THE TRIAL COURT MAY APPOINT APPELLATE COUNSEL FOR AN INDIGENT DEFENDANT WHO PLEADS GUILTY, GUILTY BUT MENTALLY ILL, OR NOLO CONTENDERE IF ALL OF THE FOLLOWING APPLY:
(A) THE DEFENDANT SEEKS LEAVE TO APPEAL A SENTENCE BASED UPON AN ALLEGED IMPROPER SCORING OF AN OFFENSE VARIABLE OR A PRIOR RECORD VARIABLE.
(B) THE DEFENDANT OBJECTED TO THE SCORING OR OTHERWISE PRESERVED THE MATTER FOR APPEAL.
(C) THE SENTENCE IMPOSED BY THE COURT CONSTITUTES AN UPWARD DEPARTURE FROM THE UPPER LIMIT OF THE MINIMUM SENTENCE RANGE THAT THE DEFENDANT ALLEGES SHOULD HAVE BEEN SCORED.".
The question being on the adoption of the amendments offered by Rep. Gilbert,
Rep. Brater demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendments offered by Rep. Gilbert,
The amendments were adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 852 Yeas--66
| Allen | Garcia | Kukuk | Rivet |
| Birkholz | Geiger | LaSata | Rocca |
| Bisbee | Gilbert | Law | Sanborn |
| Bishop | Gosselin | Mans | Shackleton |
| Bradstreet | Green | Mead | Sheltrown |
| Brown, B. | Hager | Middaugh | Shulman |
| Brown, C. | Hart | Mortimer | Spade |
| Byl | Howell | Neumann | Stamas |
| Callahan | Jansen | Pappageorge | Tabor |
| Cassis | Jelinek | Patterson | Toy |
| Caul | Jellema | Perricone | Van Woerkom |
| Clarke, H. | Johnson, Rick | Pestka | Vander Roest |
| DeRossett | Johnson, Ruth | Pumford | Vear |
| DeVuyst | Julian | Raczkowski | Voorhees |
| DeWeese | Koetje | Richardville | Wojno |
| Ehardt | Kowall | Richner | Woronchak |
Faunce Kuipers
Nays--40
| Baird | Dennis | Kilpatrick | Schauer |
| Basham | Frank | LaForge | Schermesser |
| Bogardus | Garza | Lemmons | Scott |
| Bovin | Gieleghem | Lockwood | Scranton |
| Brater | Hale | Martinez | Stallworth |
| Brewer | Hanley | Minore | Switalski |
| Cherry | Hansen | Price | Tesanovich |
| Clark, I. | Hardman | Quarles | Thomas |
| Daniels | Jacobs | Reeves | Vaughn |
| DeHart | Jamnick | Rison | Woodward |
In The Chair: Birkholz
Rep. Baird moved to amend the bill as follows:
1. Amend page 2, following line 7, by inserting:
"(E) THE DEFENDANT SEEKS LEAVE TO APPEAL BASED UPON AN ALLEGED ERROR IN CALCULATING THE DEFENDANT'S SENTENCING GUIDELINES SCORE.
(F) THE DEFENDANT SEEKS LEAVE TO APPEAL BASED UPON AN ALLEGED ERROR IN THE DEFENDANT'S PRESENTENCE INVESTIGATION REPORT.".
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. 853 Yeas--54
| Baird | Dennis | Lemmons | Schauer |
| Basham | Frank | Lockwood | Schermesser |
| Bogardus | Garza | Mans | Scott |
| Bovin | Gieleghem | Martinez | Scranton |
| Brater | Godchaux | Minore | Spade |
| Brewer | Hale | Neumann | Stallworth |
| Brown, C. | Hansen | Pestka | Switalski |
| Byl | Hardman | Price | Tesanovich |
| Callahan | Jacobs | Prusi | Thomas |
| Cherry | Jamnick | Quarles | Vaughn |
| Clark, I. | Jellema | Reeves | Voorhees |
| Clarke, H. | Kilpatrick | Rison | Wojno |
| Daniels | LaForge | Rivet | Woodward |
DeHart LaSata
Nays--50
| Allen | Geiger | Kuipers | Rocca |
| Birkholz | Gilbert | Kukuk | Sanborn |
| Bisbee | Gosselin | Law | Shackleton |
| Bishop | Green | Mead | Sheltrown |
| Bradstreet | Hager | Middaugh | Shulman |
| Cassis | Howell | Mortimer | Stamas |
| Caul | Jansen | Pappageorge | Tabor |
| DeRossett | Jelinek | Patterson | Toy |
| DeVuyst | Johnson, Rick | Perricone | Van Woerkom |
| DeWeese | Johnson, Ruth | Pumford | Vander Roest |
| Ehardt | Julian | Richardville | Vear |
| Faunce | Koetje | Richner | Woronchak |
Garcia Kowall
In The Chair: Birkholz
Rep. Baird moved to amend the bill as follows:
1. Amend page 2, following line 7, by inserting:
"(E) THE COURT DETERMINES THAT IN EQUITY AND GOOD CONSCIENCE APPOINTMENT OF COUNSEL IS APPROPRIATE.".
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. 854 Yeas--50
| Baird | Dennis | Lemmons | Schauer |
| Basham | Frank | Lockwood | Schermesser |
| Bogardus | Garza | Mans | Scott |
| Bovin | Gieleghem | Martinez | Scranton |
| Brater | Godchaux | Minore | Spade |
| Brewer | Hale | Neumann | Stallworth |
| Brown, B. | Hanley | Price | Switalski |
| Callahan | Hansen | Prusi | Tesanovich |
| Cherry | Hardman | Quarles | Thomas |
| Clark, I. | Jacobs | Reeves | Vaughn |
| Clarke, H. | Jamnick | Rison | Wojno |
| Daniels | Kilpatrick | Rivet | Woodward |
DeHart LaForge
Nays--57
| Allen | Geiger | Kowall | Richardville |
| Birkholz | Gilbert | Kuipers | Richner |
| Bisbee | Gosselin | Kukuk | Rocca |
| Bishop | Green | LaSata | Sanborn |
| Bradstreet | Hager | Law | Shackleton |
| Brown, C. | Hart | Mead | Sheltrown |
| Byl | Howell | Middaugh | Shulman |
| Cassis | Jansen | Mortimer | Stamas |
| Caul | Jelinek | Pappageorge | Tabor |
| DeRossett | Jellema | Patterson | Toy |
| DeVuyst | Johnson, Rick | Perricone | Van Woerkom |
| DeWeese | Johnson, Ruth | Pestka | Vander Roest |
| Ehardt | Julian | Pumford | Voorhees |
| Faunce | Koetje | Raczkowski | Woronchak |
Garcia
In The Chair: Birkholz
Rep. Gilbert 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. Middaugh 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. 4625, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," (MCL 760.1 to 777.69) by adding section 3a to chapter X.
The bill was read a third time.
The question being on the passage of the bill,
Rep. Faunce moved that consideration of the bill be postponed temporarily.
The motion prevailed.
Second Reading of Bills
House Bill No. 4624, 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 34 and 44 (MCL 791.234 and 791.244), section 34 as amended by 1998 PA 512 and section 44 as amended by 1992 PA 181.
Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Criminal Law and Corrections,
The substitute (H-2) was adopted, a majority of the members serving voting therefor.
Rep. Shackleton moved to amend the bill as follows:
1. Amend page 4, following line 21, by inserting:
"(B) IN ADDITION TO THE INTERVIEW SCHEDULE PRESCRIBED IN SUBDIVISION (A), THE PAROLE BOARD SHALL REVIEW THE PRISONER'S FILE AT THE CONCLUSION OF 15 CALENDAR YEARS OF THE PRISONER'S SENTENCE AND EVERY 5 YEARS THEREAFTER UNTIL THE PRISONER IS PAROLED, DISCHARGED, OR DECEASED. A PRISONER WHOSE FILE IS TO BE REVIEWED UNDER THIS SUBDIVISION SHALL BE NOTIFIED OF THE UPCOMING FILE REVIEW AT LEAST 30 DAYS BEFORE THE FILE REVIEW TAKES PLACE AND SHALL BE ALLOWED TO SUBMIT WRITTEN STATEMENTS OR DOCUMENTARY EVIDENCE FOR THE PAROLE BOARD'S CONSIDERATION IN CONDUCTING THE FILE REVIEW." and relettering the remaining subdivisions.
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Jacobs moved to amend the bill as follows:
1. Amend page 7, line 14, after "court." by inserting "A PRISONER MAY CHALLENGE THE ACTION OF THE PAROLE BOARD IN DENYING HIS OR HER PAROLE BY APPEALING THE DENIAL UNDER SECTION 631 OF THE REVISED JUDICATURE ACT OF 1961, 1961 PA 236, MCL 600.631, OR BY BRINGING A CONTESTED CASE UNDER ARTICLE 4 OF THE ADMINISTRATIVE PROCEDURES ACT OF 1969, 1969 PA 306, MCL 24.271 TO 24.287.".
The question being on the adoption of the amendment offered by Rep. Jacobs,
Rep. Jacobs demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Jacobs,
The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 855 Yeas--41
| Baird | Dennis | LaForge | Rison |
| Basham | Garza | Lemmons | Rivet |
| Bogardus | Gieleghem | Lockwood | Schauer |
| Bovin | Hale | Mans | Scott |
| Brater | Hanley | Martinez | Stallworth |
| Brewer | Hansen | Minore | Switalski |
| Callahan | Hardman | Price | Tesanovich |
| Cherry | Jacobs | Prusi | Thomas |
| Clark, I. | Jamnick | Quarles | Vaughn |
| Clarke, H. | Kilpatrick | Reeves | Woodward |
Daniels
Nays--64
| Allen | Frank | Koetje | Rocca |
| Birkholz | Garcia | Kowall | Sanborn |
| Bisbee | Geiger | Kuipers | Scranton |
| Bishop | Gilbert | Kukuk | Shackleton |
| Bradstreet | Godchaux | LaSata | Sheltrown |
| Brown, B. | Gosselin | Law | Shulman |
| Brown, C. | Green | Mead | Spade |
| Byl | Hager | Middaugh | Stamas |
| Cassis | Hart | Mortimer | Tabor |
| Caul | Howell | Neumann | Toy |
| DeHart | Jansen | Pappageorge | Van Woerkom |
| DeRossett | Jelinek | Patterson | Vander Roest |
| DeVuyst | Jellema | Pumford | Vear |
| DeWeese | Johnson, Rick | Raczkowski | Voorhees |
| Ehardt | Johnson, Ruth | Richardville | Wojno |
| Faunce | Julian | Richner | Woronchak |
In The Chair: Birkholz
Rep. Jacobs moved to amend the bill as follows:
1. Amend page 7, line 9, after "granting" by inserting "or denying".
2. Amend page 7, line 10, after "by" by inserting "the prisoner,".
3. Amend page 7, line 11, after "committed" by inserting a comma.
4. Amend page 7, line 12, after "convicted" by inserting "FOR VIOLATIONS OF THE UNITED STATES CONSTITUTION, THE STATE CONSTITUTION OF 1963, A STATE STATUTE, AN ADMINISTRATIVE RULE, OR AN AGENCY REGULATION, OR FOR A CLEAR ABUSE OF DISCRETION".
The question being on the adoption of the amendments offered by Rep. Jacobs,
Rep. Jacobs demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendments offered by Rep. Jacobs,
The amendments were not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 856 Yeas--39
| Baird | Dennis | LaForge | Rivet |
| Basham | Garza | Lemmons | Schauer |
| Bogardus | Gieleghem | Lockwood | Scott |
| Bovin | Hale | Martinez | Stallworth |
| Brater | Hanley | Minore | Switalski |
| Brewer | Hansen | Price | Tesanovich |
| Cherry | Hardman | Prusi | Thomas |
| Clark, I. | Jacobs | Quarles | Vaughn |
| Clarke, H. | Jamnick | Reeves | Woodward |
| Daniels | Kilpatrick | Rison |
Nays--68
| Allen | Frank | Kowall | Rocca |
| Birkholz | Garcia | Kuipers | Sanborn |
| Bisbee | Geiger | Kukuk | Schermesser |
| Bishop | Gilbert | LaSata | Scranton |
| Bradstreet | Godchaux | Law | Shackleton |
| Brown, B. | Gosselin | Mans | Sheltrown |
| Brown, C. | Green | Mead | Shulman |
| Byl | Hager | Middaugh | Spade |
| Callahan | Hart | Mortimer | Stamas |
| Cassis | Howell | Neumann | Tabor |
| Caul | Jansen | Pappageorge | Toy |
| DeHart | Jelinek | Patterson | Van Woerkom |
| DeRossett | Jellema | Pestka | Vander Roest |
| DeVuyst | Johnson, Rick | Pumford | Vear |
| DeWeese | Johnson, Ruth | Raczkowski | Voorhees |
| Ehardt | Julian | Richardville | Wojno |
| Faunce | Koetje | Richner | Woronchak |
In The Chair: Birkholz
Rep. Jacobs moved to amend the bill as follows:
1. Amend page 4, following line 21, by inserting:
"(C) IF, AFTER CONDUCTING A FILE REVIEW UNDER SUBDIVISION (B), THE PAROLE BOARD DECLINES TO TAKE ANY FURTHER ACTION TOWARD CONSIDERING PAROLE FOR THAT PRISONER, THE PAROLE BOARD SHALL PROVIDE TO THE PRISONER A WRITTEN STATEMENT EXPLAINING ITS DECISION NOT TO TAKE FURTHER ACTION. THE WRITTEN STATEMENT SHALL BE DELIVERED TO THE PRISONER NOT LATER THAN 30 DAYS AFTER THE FILE REVIEW IS CONDUCTED." and relettering the remaining subdivisions.
The question being on the adoption of the amendment offered by Rep. Jacobs,
Rep. Jacobs demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Jacobs,
The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 857 Yeas--51
| Baird | Dennis | Lemmons | Schauer |
| Basham | Frank | Lockwood | Schermesser |
| Bogardus | Garza | Mans | Scott |
| Bovin | Gieleghem | Martinez | Scranton |
| Brater | Godchaux | Minore | Sheltrown |
| Brewer | Hale | Neumann | Spade |
| Brown, B. | Hanley | Pestka | Stallworth |
| Callahan | Hansen | Price | Tesanovich |
| Cherry | Hardman | Prusi | Thomas |
| Clark, I. | Jacobs | Quarles | Vaughn |
| Clarke, H. | Jamnick | Reeves | Wojno |
| Daniels | Kilpatrick | Rison | Woodward |
| DeHart | LaForge | Rivet |
Nays--56
| Allen | Garcia | Koetje | Richner |
| Birkholz | Geiger | Kowall | Rocca |
| Bisbee | Gilbert | Kuipers | Sanborn |
| Bishop | Gosselin | Kukuk | Shackleton |
| Bradstreet | Green | LaSata | Shulman |
| Brown, C. | Hager | Law | Stamas |
| Byl | Hart | Mead | Switalski |
| Cassis | Howell | Middaugh | Tabor |
| Caul | Jansen | Mortimer | Toy |
| DeRossett | Jelinek | Pappageorge | Van Woerkom |
| DeVuyst | Jellema | Patterson | Vander Roest |
| DeWeese | Johnson, Rick | Pumford | Vear |
| Ehardt | Johnson, Ruth | Raczkowski | Voorhees |
| Faunce | Julian | Richardville | Woronchak |
In The Chair: Birkholz
Reps. Godchaux and Jacobs moved to amend the bill as follows:
1. Amend page 4, line 14, after "and" by inserting "every 5 years".
2. Amend page 4, line 14, after "thereafter" by inserting "FOR A PRISONER SENTENCED BEFORE JANUARY 1, 2000, OR".
3. Amend page 4, line 15, after "BOARD" by inserting "FOR A PRISONER SENTENCED ON OR AFTER JANUARY 1, 2000,".
The question being on the adoption of the amendments offered by Reps. Godchaux and Jacobs,
Rep. Brater demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendments offered by Reps. Godchaux and Jacobs,
The amendments were not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 858 Yeas--52
| Baird | Dennis | LaForge | Rivet |
| Basham | Frank | Lemmons | Schauer |
| Bogardus | Garza | Lockwood | Schermesser |
| Bovin | Gieleghem | Mans | Scott |
| Brater | Godchaux | Martinez | Scranton |
| Brewer | Hale | Minore | Sheltrown |
| Byl | Hanley | Neumann | Spade |
| Caul | Hansen | Pestka | Stallworth |
| Cherry | Hardman | Price | Switalski |
| Clark, I. | Jacobs | Prusi | Tesanovich |
| Clarke, H. | Jamnick | Quarles | Thomas |
| Daniels | Jellema | Reeves | Vaughn |
| DeHart | Kilpatrick | Rison | Woodward |
Nays--54
| Allen | Garcia | Kuipers | Rocca |
| Birkholz | Gilbert | LaSata | Sanborn |
| Bisbee | Gosselin | Law | Shackleton |
| Bishop | Green | Mead | Shulman |
| Bradstreet | Hager | Middaugh | Stamas |
| Brown, B. | Hart | Mortimer | Tabor |
| Brown, C. | Howell | Pappageorge | Toy |
| Callahan | Jansen | Patterson | Van Woerkom |
| Cassis | Jelinek | Perricone | Vander Roest |
| DeRossett | Johnson, Rick | Pumford | Vear |
| DeVuyst | Johnson, Ruth | Raczkowski | Voorhees |
| DeWeese | Julian | Richardville | Wojno |
| Ehardt | Koetje | Richner | Woronchak |
Faunce Kowall
In The Chair: Birkholz
Rep. Shackleton 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. Middaugh 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. 4624, 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 34 and 44 (MCL 791.234 and 791.244), section 34 as amended by 1998 PA 512 and section 44 as amended by 1992 PA 181.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 859 Yeas--65
| Allen | Frank | Kuipers | Rocca |
| Birkholz | Geiger | Kukuk | Sanborn |
| Bisbee | Gieleghem | LaSata | Shackleton |
| Bishop | Gilbert | Law | Sheltrown |
| Bovin | Gosselin | Mans | Shulman |
| Bradstreet | Hager | Mead | Spade |
| Brown, B. | Hart | Middaugh | Stamas |
| Brown, C. | Howell | Neumann | Switalski |
| Byl | Jansen | Pappageorge | Tabor |
| Callahan | Jelinek | Patterson | Toy |
| Cassis | Jellema | Perricone | Van Woerkom |
| Caul | Johnson, Rick | Pestka | Vander Roest |
| DeRossett | Johnson, Ruth | Pumford | Vear |
| DeVuyst | Julian | Raczkowski | Voorhees |
| DeWeese | Koetje | Richardville | Wojno |
| Ehardt | Kowall | Richner | Woronchak |
Faunce
Nays--38
| Baird | Dennis | Lemmons | Rivet |
| Basham | Garza | Lockwood | Schermesser |
| Bogardus | Godchaux | Martinez | Scott |
| Brater | Hale | Minore | Scranton |
| Brewer | Hanley | Price | Stallworth |
| Cherry | Hansen | Prusi | Tesanovich |
| Clark, I. | Hardman | Quarles | Thomas |
| Clarke, H. | Jacobs | Reeves | Vaughn |
| Daniels | Jamnick | Rison | Woodward |
DeHart LaForge
In The Chair: Birkholz
Rep. Middaugh moved to reconsider the vote by which the House passed the bill.
The motion prevailed, a majority of the members present 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. 860 Yeas--69
| Allen | Garcia | Kuipers | Rocca |
| Birkholz | Geiger | Kukuk | Sanborn |
| Bisbee | Gieleghem | LaSata | Scranton |
| Bishop | Gilbert | Law | Shackleton |
| Bovin | Gosselin | Mans | Sheltrown |
| Bradstreet | Green | Mead | Shulman |
| Brown, B. | Hager | Middaugh | Spade |
| Brown, C. | Hart | Mortimer | Stamas |
| Byl | Howell | Neumann | Switalski |
| Callahan | Jansen | Pappageorge | Tabor |
| Cassis | Jelinek | Patterson | Toy |
| Caul | Jellema | Perricone | Van Woerkom |
| DeRossett | Johnson, Rick | Pestka | Vander Roest |
| DeVuyst | Johnson, Ruth | Pumford | Vear |
| DeWeese | Julian | Raczkowski | Voorhees |
| Ehardt | Koetje | Richardville | Wojno |
| Faunce | Kowall | Richner | Woronchak |
Frank
Nays--37
| Baird | Dennis | Kilpatrick | Reeves |
| Basham | Garza | LaForge | Rivet |
| Bogardus | Godchaux | Lemmons | Schauer |
| Brater | Hale | Lockwood | Schermesser |
| Brewer | Hanley | Martinez | Scott |
| Cherry | Hansen | Minore | Tesanovich |
| Clark, I. | Hardman | Price | Thomas |
| Clarke, H. | Jacobs | Prusi | Vaughn |
| Daniels | Jamnick | Quarles | Woodward |
DeHart
In The Chair: Birkholz
The House agreed to the title of the bill.
______
Rep. DeHart, 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 record roll vote 860, HB 4624, for final passage. I believe we are creating two tiers of citizens. Those with money and those without. If we vote yes, we are also saying if you can afford an attorney then you have more legal rights than someone who can't afford one. Our U.S. and state constitution assure us we are all treated equal regardless of several things including how much money we have in a bank account. A U.S. Supreme Court decision in U.S. vs Miranda clearly states a prisoner or someone being arrested has 'the right to counsel and if they cannot afford one then one will be appointed for them.' This will not cost the citizens of this state a lot of money as it only affects about 1700 prisoners state wide and the cost for filing the papers addressed in the bill is only $500.00. I believe it will be found unconstitutional and is in direct opposition to a Supreme Court ruling."
Rep. Basham, 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 4624 because of my concern that this bill will make parole interviews discretionary and undo changes to Michigan's '650 lifer law' enacted last session.
House Bill 4624 may also violate the constitutional Ex Post Facto provision. This is the constitutional principal of changing an individual's sentence through legislation. In the Shabazz case the court held that changing the time between parole interviews from three to five years was not an Ex Post Facto violation, the determining factor is the degree of change. In this bill the lifer interviews will become discretionary and at the will of the parole board, which is a substantial change.
Eliminating the appeals by the prisoners whose own lives are at stake, while continuing to permit prosecutors to appeal grants of parole, would be grossly unfair and probably violates the constitutional guarantee of equal protection."
Rep. Middaugh moved that the bill be given immediate effect.
The question being on the motion made by Rep. Middaugh,
Rep. Brater demanded the yeas and nays.
The demand was supported.
The question being on the motion made by Rep. Middaugh,
The motion did not prevail, 2/3 of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 861 Yeas--61
| Allen | Faunce | Kowall | Richner |
| Birkholz | Garcia | Kuipers | Rocca |
| Bisbee | Geiger | Kukuk | Sanborn |
| Bishop | Gilbert | LaSata | Shackleton |
| Bovin | Gosselin | Law | Sheltrown |
| Bradstreet | Hager | Mans | Shulman |
| Brown, B. | Hart | Mead | Spade |
| Brown, C. | Howell | Middaugh | Stamas |
| Byl | Jansen | Mortimer | Tabor |
| Callahan | Jelinek | Pappageorge | Toy |
| Cassis | Jellema | Patterson | Van Woerkom |
| Caul | Johnson, Rick | Perricone | Vander Roest |
| DeRossett | Johnson, Ruth | Pumford | Vear |
| DeVuyst | Julian | Raczkowski | Voorhees |
| DeWeese | Koetje | Richardville | Woronchak |
Ehardt
Nays--40
| Baird | Garza | Lemmons | Schauer |
| Basham | Gieleghem | Lockwood | Schermesser |
| Brater | Godchaux | Martinez | Scott |
| Brewer | Hale | Minore | Scranton |
| Cherry | Hansen | Neumann | Stallworth |
| Clark, I. | Hardman | Price | Switalski |
| Clarke, H. | Jacobs | Prusi | Tesanovich |
| Daniels | Jamnick | Quarles | Thomas |
| DeHart | Kilpatrick | Reeves | Vaughn |
| Dennis | LaForge | Rison | Woodward |
In The Chair: Birkholz
Second Reading of Bills
Senate Bill No. 419, entitled
A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," (MCL 600.101 to 600.9948) by adding chapter 55; and to repeal acts and parts of acts.
Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Criminal Law and Corrections,
The substitute (H-2) was adopted, a majority of the members serving voting therefor.
Rep. Middaugh 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. Middaugh 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. 419, entitled
A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," (MCL 600.101 to 600.9948) by adding chapter 55; and to repeal acts and parts of acts.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 862 Yeas--93
| Allen | Faunce | Kowall | Richner |
| Baird | Frank | Kuipers | Rivet |
| Basham | Garcia | Kukuk | Rocca |
| Birkholz | Geiger | LaSata | Sanborn |
| Bisbee | Gieleghem | Law | Schauer |
| Bishop | Gilbert | Lemmons | Schermesser |
| Bogardus | Godchaux | Lockwood | Scranton |
| Bovin | Gosselin | Mans | Shackleton |
| Bradstreet | Green | Martinez | Sheltrown |
| Brewer | Hager | Mead | Shulman |
| Brown, B. | Hanley | Middaugh | Spade |
| Brown, C. | Hansen | Minore | Stamas |
| Byl | Hart | Mortimer | Switalski |
| Callahan | Howell | Neumann | Tabor |
| Cassis | Jacobs | Pappageorge | Tesanovich |
| Caul | Jamnick | Patterson | Toy |
| Cherry | Jansen | Perricone | Van Woerkom |
| Clarke, H. | Jelinek | Pestka | Vander Roest |
| DeHart | Jellema | Prusi | Vear |
| Dennis | Johnson, Rick | Pumford | Voorhees |
| DeRossett | Johnson, Ruth | Quarles | Wojno |
| DeVuyst | Julian | Raczkowski | Woodward |
| DeWeese | Koetje | Richardville | Woronchak |
Ehardt
Nays--15
| Brater | Hale | Price | Stallworth |
| Clark, I. | Hardman | Reeves | Thomas |
| Daniels | Kilpatrick | Rison | Vaughn |
| Garza | LaForge | Scott |
In The Chair: Birkholz
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 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 2963 (MCL 600.2963), as added by 1996 PA 555, and by adding chapter 55.
The motion prevailed.
The House agreed to the title as amended.
Rep. Middaugh 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. 500, 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 33 (MCL 800.33), as amended by 1994 PA 218.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Criminal Law and Corrections,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Middaugh 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. Middaugh 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. 500, 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 33 (MCL 800.33), as amended by 1994 PA 218.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 863 Yeas--89
| Allen | Faunce | Koetje | Richner |
| Baird | Frank | Kowall | Rivet |
| Basham | Garcia | Kuipers | Rocca |
| Birkholz | Geiger | Kukuk | Sanborn |
| Bisbee | Gieleghem | LaSata | Schauer |
| Bishop | Gilbert | Law | Scranton |
| Bogardus | Godchaux | Lockwood | Shackleton |
| Bovin | Gosselin | Mans | Sheltrown |
| Bradstreet | Green | Mead | Shulman |
| Brewer | Hager | Middaugh | Spade |
| Brown, B. | Hanley | Minore | Stamas |
| Brown, C. | Hansen | Mortimer | Switalski |
| Byl | Hart | Neumann | Tabor |
| Callahan | Howell | Pappageorge | Tesanovich |
| Cassis | Jacobs | Patterson | Toy |
| Caul | Jamnick | Perricone | Van Woerkom |
| Cherry | Jansen | Pestka | Vander Roest |
| DeHart | Jelinek | Prusi | Vear |
| Dennis | Jellema | Pumford | Voorhees |
| DeRossett | Johnson, Rick | Quarles | Wojno |
| DeVuyst | Johnson, Ruth | Raczkowski | Woodward |
| DeWeese | Julian | Richardville | Woronchak |
Ehardt
Nays--18
| Brater | Hale | Martinez | Scott |
| Clark, I. | Hardman | Price | Stallworth |
| Clarke, H. | Kilpatrick | Reeves | Thomas |
| Daniels | LaForge | Rison | Vaughn |
Garza Lemmons
In The Chair: Birkholz
The House agreed to the title of the bill.
Rep. Middaugh 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. 4625, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," (MCL 760.1 to 777.69) by adding section 3a to chapter X.
(The bill was considered earlier today, see today's journal, p. 1906.)
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. 864 Yeas--65
| Allen | Frank | Kowall | Rocca |
| Birkholz | Garcia | Kuipers | Sanborn |
| Bisbee | Geiger | Kukuk | Shackleton |
| Bishop | Gilbert | Law | Sheltrown |
| Bovin | Gosselin | Mead | Shulman |
| Bradstreet | Green | Middaugh | Spade |
| Brown, B. | Hager | Mortimer | Stamas |
| Brown, C. | Hart | Neumann | Switalski |
| Byl | Howell | Pappageorge | Tabor |
| Callahan | Jansen | Patterson | Toy |
| Cassis | Jelinek | Perricone | Van Woerkom |
| Caul | Jellema | Pestka | Vander Roest |
| DeRossett | Johnson, Rick | Pumford | Vear |
| DeVuyst | Johnson, Ruth | Raczkowski | Voorhees |
| DeWeese | Julian | Richardville | Wojno |
| Ehardt | Koetje | Richner | Woronchak |
Faunce
Nays--43
| Baird | Garza | LaSata | Rivet |
| Basham | Gieleghem | Lemmons | Schauer |
| Bogardus | Godchaux | Lockwood | Schermesser |
| Brater | Hale | Mans | Scott |
| Brewer | Hanley | Martinez | Scranton |
| Cherry | Hansen | Minore | Stallworth |
| Clark, I. | Hardman | Price | Tesanovich |
| Clarke, H. | Jacobs | Prusi | Thomas |
| Daniels | Jamnick | Quarles | Vaughn |
| DeHart | Kilpatrick | Reeves | Woodward |
| Dennis | LaForge | Rison |
In The Chair: Birkholz
The House agreed to the title of the bill.
______
Rep. DeHart, 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 record roll vote 864, HB 4625, for final passage. I believe we are creating two tiers of citizens. Those with money and those without. If we vote yes, we are also saying if you can afford an attorney then you have more legal rights than someone who can't afford one. Our U.S. and state constitution assure us we are all treated equal regardless of several things including how much money we have in a bank account. A U.S. Supreme Court decision in U.S. vs Miranda clearly states a prisoner or someone being arrested has 'the right to counsel and if they cannot afford one then one will be appointed for them.' This will not cost the citizens of this state a lot of money as it only affects about 1700 prisoners state wide and the cost for filing the papers addressed in the bill is only $500.00. I believe it will be found unconstitutional and is in direct opposition to a Supreme Court ruling."
Rep. Basham, 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 4625 is a gross denial of justice for Michigan's indigent inmates. The bill will deny poor individuals the right to assistance of counsel to appeal convictions and/or sentences if he/she plead guilty, guilty but mentally ill, or nolo contendre.
This bill may very well increase the cost of our justice system and bring our court system to a halt, because most criminal cases are plea bargained and denying indigent individuals the right to counsel on any subsequent appeal may very well have the affect of defendants being less likely to enter any sort of plea bargain thereby requiring a costly full blown criminal trial.
There is currently a case before the Supreme Court (People of the State of Michigan v. Gregory Bulger) that will decide this issue, making passage of this legislation premature."
Rep. Middaugh moved that the bill be given immediate effect.
The question being on the motion made by Rep. Middaugh,
Rep. Martinez demanded the yeas and nays.
The demand was supported.
The question being on the motion made by Rep. Middaugh,
The motion did not prevail, 2/3 of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 865 Yeas--58
| Allen | Garcia | Kowall | Rocca |
| Birkholz | Geiger | Kuipers | Sanborn |
| Bisbee | Gilbert | Kukuk | Shackleton |
| Bishop | Gosselin | Law | Sheltrown |
| Bradstreet | Green | Mead | Shulman |
| Brown, B. | Hager | Middaugh | Spade |
| Brown, C. | Hart | Mortimer | Stamas |
| Byl | Howell | Pappageorge | Tabor |
| Cassis | Jansen | Patterson | Toy |
| Caul | Jelinek | Perricone | Van Woerkom |
| DeRossett | Jellema | Pumford | Vander Roest |
| DeVuyst | Johnson, Rick | Raczkowski | Vear |
| DeWeese | Johnson, Ruth | Richardville | Voorhees |
| Ehardt | Julian | Richner | Woronchak |
Faunce Koetje
Nays--44
| Baird | Garza | Lemmons | Schauer |
| Basham | Gieleghem | Lockwood | Schermesser |
| Bogardus | Godchaux | Mans | Scott |
| Brater | Hale | Martinez | Scranton |
| Cherry | Hansen | Minore | Stallworth |
| Clark, I. | Hardman | Neumann | Switalski |
| Clarke, H. | Jacobs | Price | Tesanovich |
| Daniels | Jamnick | Prusi | Thomas |
| DeHart | Kilpatrick | Quarles | Vaughn |
| Dennis | LaForge | Reeves | Wojno |
| Frank | LaSata | Rison | Woodward |
In The Chair: Birkholz
By unanimous consent the House returned to the order of
Reports of Standing Committees
The Committee on Local Government and Urban Policy, by Rep. Birkholz, Chair, reported
Senate Bill No. 485, entitled
A bill to amend 1943 PA 202, entitled "Municipal finance act," by amending section 1b of chapter VII (MCL 137.1b), as amended by 1982 PA 469.
With the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
SB 485 To Report Out:
Yeas: Reps. Birkholz, Hager, Julian, Tabor, Vander Roest, Lockwood, Jamnick, Minore,
Nays: None.
The Committee on Local Government and Urban Policy, by Rep. Birkholz, Chair, reported
Senate Bill No. 587, entitled
A bill to provide for the creation of public employee health care funds; to provide for the administration of the funds; to authorize the investment of the assets of the funds; and to prescribe the powers and duties of investment fiduciaries and certain public officers and employees.
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 587 To Report Out:
Yeas: Reps. Birkholz, Hager, Julian, Tabor, Vander Roest, Lockwood, Jamnick, Minore,
Nays: None.
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Birkholz, Chair of the Committee on Local Government and Urban Policy, was received and read:
Meeting held on: Thursday, October 7, 1999, at 9:00 a.m.,
Present: Reps. Birkholz, Hager, Bishop, DeWeese, Julian, Tabor, Vander Roest, Lockwood, Jamnick, Minore, Reeves.
The Committee on Veterans Affairs, by Rep. Richardville, Chair, reported
House Bill No. 4879, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," (MCL 257.1 to 257.923) by adding section 811d.
With the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
HB 4879 To Report Out:
Yeas: Reps. Richardville, Ehardt, Allen, Garcia, Schermesser, Bovin, Mans,
Nays: None.
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Richardville, Chair of the Committee on Veterans Affairs, was received and read:
Meeting held on: Thursday, October 7, 1999, at 9:00 a.m.,
Present: Reps. Richardville, Ehardt, Allen, Garcia, Schermesser, Bovin, Mans.
The Committee on Health Policy, by Rep. Law, Chair, reported
Senate Bill No. 404, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 20902, 20904, 20906, 20908, 20910, 20912, 20915, 20916, 20918, 20919, 20920, 20921, 20923, 20929, 20934, 20950, 20954, 20956, 20958, 20965, 20975, and 20977 (MCL 333.20902, 333.20904, 333.20906, 333.20908, 333.20910, 333.20912, 333.20915, 333.20916, 333.20918, 333.20919, 333.20920, 333.20921, 333.20923, 333.20929, 333.20934, 333.20950, 333.20954, 333.20956, 333.20958, 333.20965, 333.20975, and 333.20977), sections 20902, 20904, 20906, 20908, 20910, 20912, 20915, 20916, 20918, 20923, 20929, 20934, 20950, 20954, 20956, 20958, 20975, and 20977 as added by 1990 PA 179, section 20919 as amended by 1996 PA 192, and sections 20920, 20921, and 20965 as amended by 1997 PA 78.
With the recommendation that the following amendment be adopted and that the bill then pass.
1. Amend page 41, line 1, after "PASSAGE" by inserting "BY EACH FIRST-TIME APPLICANT".
The bill and amendment were referred to the order of Second Reading of Bills.
Favorable Roll Call
SB 404 To Report Out:
Yeas: Reps. Law, DeWeese, DeRossett, Ehardt, Gosselin, Green, Ruth Johnson, Rocca, Vear, Schauer, Dennis, Jacobs, Woodward,
Nays: Rep. Neumann.
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Law, Chair of the Committee on Health Policy, was received and read:
Meeting held on: Thursday, October 7, 1999, at 10:30 a.m.,
Present: Reps. Law, DeWeese, DeRossett, Ehardt, Gosselin, Green, Ruth Johnson, Raczkowski, Rocca, Vear, Schauer, Baird, Dennis, Jacobs, Neumann, Reeves, Woodward.
The Committee on Appropriations, by Rep. Geiger, Chair, reported
House Bill No. 4310, entitled
A bill to make appropriations for the department of natural resources for the fiscal year ending September 30, 2000; to provide for the expenditure of those appropriations; to create funds and accounts; to require reports; to prescribe certain powers and duties of certain state agencies and officials; to authorize certain transfers by certain state agencies; and to provide for the disposition of fees and other income received by the various state agencies.
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
HB 4310 To Report Out:
Yeas: Reps. Geiger, Jellema, Cameron Brown, Byl, Caul, Godchaux, Jansen, Jelinek, Kukuk, LaSata, Mead, Mortimer, Pappageorge, Pumford, Scranton, Stamas, Price, Cherry, Clarke, Frank, Martinez, Pestka, Prusi, Stallworth, Tesanovich,
Nays: None.
The Committee on Appropriations, by Rep. Geiger, Chair, reported
House Concurrent Resolution No. 44.
A concurrent resolution to change the scope of the Professional Studies and Classroom Building project at the University of Michigan-Flint.
(For text of resolution, see House Journal No. 59, p. 1785.)
With the recommendation that the concurrent resolution be adopted.
The Speaker announced that under Rule 77 the concurrent resolution would lie over one day.
Favorable Roll Call
HCR 44 To Report Out:
Yeas: Reps. Geiger, Jellema, Cameron Brown, Byl, Caul, Godchaux, Jelinek, Kukuk, LaSata, Mead, Mortimer, Pappageorge, Pumford, Scranton, Stamas, Price, Cherry, Clarke, Frank, Martinez, Pestka, Prusi, Stallworth, Tesanovich,
Nays: None.
The Committee on Appropriations, by Rep. Geiger, Chair, reported
House Concurrent Resolution No. 51.
A concurrent resolution approving the conveyance of property to the State Building Authority and approving a lease among the State of Michigan, the State Building Authority and Central Michigan University relative to the Central Michigan University Park Library Addition and Remodeling.
(For text of resolution, see House Journal No. 62, p. 1824.)
With the recommendation that the concurrent resolution be adopted.
The Speaker announced that under Rule 77 the concurrent resolution would lie over one day.
Favorable Roll Call
HCR 51 To Report Out:
Yeas: Reps. Geiger, Jellema, Cameron Brown, Byl, Caul, Godchaux, Jelinek, Kukuk, LaSata, Mead, Mortimer, Pappageorge, Pumford, Scranton, Stamas, Price, Cherry, Clarke, Frank, Martinez, Pestka, Prusi, Stallworth, Tesanovich,
Nays: None.
The Committee on Appropriations, by Rep. Geiger, Chair, reported
House Concurrent Resolution No. 52.
A concurrent resolution approving the conveyance of property to the State Building Authority and approving a lease among the State of Michigan, the State Building Authority and Bay de Noc Community College relative to the Bay de Noc Community College General Campus Renovations and Additions.
(For text of resolution, see House Journal No. 62, p. 1825.)
With the recommendation that the concurrent resolution be adopted.
The Speaker announced that under Rule 77 the concurrent resolution would lie over one day.
Favorable Roll Call
HCR 52 To Report Out:
Yeas: Reps. Geiger, Jellema, Cameron Brown, Byl, Caul, Godchaux, Jelinek, Kukuk, LaSata, Mead, Mortimer, Pappageorge, Pumford, Scranton, Stamas, Price, Cherry, Clarke, Frank, Martinez, Pestka, Prusi, Stallworth, Tesanovich,
Nays: None.
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Geiger, Chair of the Committee on Appropriations, was received and read:
Meeting held on: Thursday, October 7, 1999, at 11:00 a.m.,
Present: Reps. Geiger, Jellema, Cameron Brown, Byl, Caul, Godchaux, Jansen, Jelinek, Kukuk, LaSata, Mead, Mortimer, Pappageorge, Pumford, Scranton, Stamas, Price, Cherry, Clarke, Frank, Martinez, Pestka, Prusi, Stallworth, Tesanovich,
Absent: Reps. Toy, Kelly,
Excused: Reps. Toy, Kelly.
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. DeVuyst, Chair of the Committee on Conservation and Outdoor Recreation, was received and read:
Meeting held on: Thursday, October 7, 1999, at 8:00 a.m.,
Present: Reps. DeVuyst, Tabor, DeRossett, Green, Kowall, Middaugh, Patterson, Sanborn, Callahan, Basham, Brater, Gieleghem, Mans, Sheltrown,
Absent: Rep. Ruth Johnson,
Excused: Rep. Ruth Johnson.
Announcement by the Clerk of Printing and Enrollment
The Clerk announced that the following bills had been printed and placed upon the files of the members, Tuesday, October 5:
Senate Bill Nos. 765 781
The Clerk announced that the following Senate bills had been received on Thursday, October 7:
Senate Bill Nos. 205 539 703 704 718 719
By unanimous consent the House returned to the order of
Messages from the Senate
House Bill No. 4244, entitled
A bill to amend 1968 PA 2, entitled "Uniform budgeting and accounting act," by amending section 2d (MCL 141.422d), as amended by 1996 PA 401.
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. 4609, entitled
A bill to amend 1957 PA 200, entitled "An act to provide for the creation by 2 or more municipalities of an intermunicipality committee for the purpose of studying area problems; and to provide authority for the committee to receive gifts and grants," (MCL 123.631 to 123.636) by adding section 7.
The Senate has passed the bill and ordered that it be given immediate effect.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 4696, entitled
A bill to amend 1965 PA 7, entitled "An act to authorize the department of conservation to sell certain lands and buildings located thereon owned by the department of conservation in the township of Waterford, Oakland county; and to provide for the disposition of the revenue received therefrom," by amending section 2 and by adding section 2a.
The Senate has amended the bill as follows:
1. Amend page 2, following line 6, by inserting:
"SEC. 3. IF ANY FEE, TERM, OR CONDITION FOR THE USE OF THIS PROPERTY IS IMPOSED ON MEMBERS OF THE PUBLIC, OR IF ANY OF THOSE FEES, TERMS, OR CONDITIONS IS WAIVED FOR USE OF THIS PROPERTY, RESIDENT AND NONRESIDENT MEMBERS OF THE PUBLIC SHALL BE SUBJECT TO THE SAME FEES, TERMS, CONDITIONS, OR WAIVERS.".
The Senate has passed the bill as amended, ordered that it be given immediate effect and amended the title to read as follows:
A bill to amend 1965 PA 7, entitled "An act to authorize the department of conservation to sell certain lands and buildings located thereon owned by the department of conservation in the township of Waterford, Oakland county; and to provide for the disposition of the revenue received therefrom," by amending section 2 and by adding sections 2a and 3.
The Speaker announced that pursuant to Rule 45, the bill was laid over one day.
Senate Bill No. 205, entitled
A bill to amend 1981 PA 93, entitled "Michigan right to farm act," by amending section 4 (MCL 286.474), as amended by 1995 PA 94.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Agriculture and Resource Management.
Senate Bill No. 539, entitled
A bill to amend 1846 RS 16, entitled "Of the powers and duties of townships, the election and duties of township officers, and the division of townships," by amending section 110b (MCL 41.110b), as added by 1989 PA 77.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Local Government and Urban Policy.
Senate Bill No. 703, entitled
A bill to amend 1945 PA 246, entitled "An act to authorize township boards to adopt ordinances and regulations to secure the public health, safety and general welfare; to provide for the establishment of a township police department; to provide for policing of townships by certain law enforcement officers and agencies; to provide for the publication of ordinances; to prescribe powers and duties of township boards and certain local and state officers and agencies; to provide sanctions; and to repeal all acts and parts of acts in conflict with the act," by amending sections 1, 4, and 5 (MCL 41.181, 41.184, and 41.185), section 1 as amended by 1994 PA 315, section 4 as amended by 1994 PA 14, and section 5 as added by 1989 PA 78.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Local Government and Urban Policy.
Senate Bill No. 704, entitled
A bill to amend 1947 PA 359, entitled "The charter township act," by amending section 23 (MCL 42.23).
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Local Government and Urban Policy.
Senate Bill No. 718, entitled
A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 415 (MCL 750.415).
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Criminal Law and Corrections.
Senate Bill No. 719, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 16u of chapter XVII (MCL 777.16u), as added by 1998 PA 317.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Criminal Law and Corrections.
Communications from State Officers
The following communication from the Department of Consumer and Industry Services was received and read:
October 4, 1999
Pursuant to Section 324 of P.A. 306 of 1998, we are enclosing a copy of the Approval Study Report #CA72007 conducted on Nokomis Challenge Center, Prudenville, Michigan. If you have any questions regarding this information, please feel free to contact me at 373-3892.
Sincerely,
John R. Suckow, C.P.A.
Director,
Finance and Administrative Services
The communication was referred to the Clerk.
Introduction of Bills
Reps. Switalski and Spade introduced
House Bill No. 4964, entitled
A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 2543 (MCL 600.2543), as amended by 1986 PA 308.
The bill was read a first time by its title and referred to the Committee on Family and Civil Law.
Reps. Gieleghem, Switalski, Callahan, Woodward, Dennis, O'Neil, Jacobs, Lockwood, Rivet, Pestka, Frank, Neumann, Baird, Brater, Schermesser, Daniels, Rocca, Ruth Johnson, Thomas, Minore, Jamnick, Schauer, Bogardus, Wojno, Scranton, Faunce and LaForge introduced
House Bill No. 4965, entitled
A bill to protect against foreclosure proceedings, defaults, enforcement actions, and late payment charges caused by computer date failures; and to repeal acts and parts of acts.
The bill was read a first time by its title and referred to the Committee on Family and Civil Law.
Rep. Stallworth introduced
House Bill No. 4966, entitled
A bill to amend 1909 PA 106, entitled "An act to regulate the transmission of electricity through the public highways, streets and places of this state, where the source of supply and place of use are in the same or different counties; to regulate the charges to be made for electricity so transmitted; to regulate the rules and conditions of service under which said electricity shall be furnished and to confer upon the Michigan public utilities commission certain powers and duties in regard thereto," (MCL 460.551 to 460.559) by amending the title and by adding sections 10, 11, 12, 13, 14, 15, 16, 17, and 18.
The bill was read a first time by its title and referred to the Committee on Energy and Technology.
Reps. Van Woerkom, Howell, Pappageorge and Hager introduced
House Bill No. 4967, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 16t of chapter XVII (MCL 777.16t), as added by 1998 PA 317.
The bill was read a first time by its title and referred to the Committee on Criminal Law and Corrections.
Rep. Wojno introduced
House Bill No. 4968, entitled
A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding sections 16268 and 20195.
The bill was read a first time by its title and referred to the Committee on Health Policy.
Reps. Kowall, Hager, Gilbert, Rivet, Shackleton, Julian, Bob Brown, Shulman, Bishop, Voorhees, Sanborn, DeRossett, Bovin, Green, Ehardt, Toy, Bisbee, Patterson, Woronchak, Tabor, Byl, Richardville, Vander Roest, Garcia and Pappageorge introduced
House Bill No. 4969, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 226 (MCL 257.226), as amended by 1992 PA 297, and by adding section 801i.
The bill was read a first time by its title and referred to the Committee on Transportation.
Rep. Callahan introduced
House Bill No. 4970, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 80123 (MCL 324.80123), as added by 1995 PA 58.
The bill was read a first time by its title and referred to the Committee on Transportation.
Rep. Callahan introduced
House Bill No. 4971, entitled
A bill to repeal 1935 PA 140, entitled "An act to prohibit endurance contests known as walkathons and similar endurance contests; to prescribe a penalty for the violation thereof, and to repeal Act No. 65 of the Public Acts of 1933," (MCL 752.161 to 752.162).
The bill was read a first time by its title and referred to the Committee on Regulatory Reform.
Rep. Jamnick introduced
House Bill No. 4972, entitled
A bill to amend 1984 PA 431, entitled "The management and budget act," by amending section 354 (MCL 18.1354), as amended by 1999 PA 8.
The bill was read a first time by its title and referred to the Committee on Appropriations.
Rep. Jamnick introduced
House Bill No. 4973, entitled
A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 1310a (MCL 380.1310a), as added by 1999 PA 102.
The bill was read a first time by its title and referred to the Committee on Education.
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Rep. Koetje moved that the House adjourn.
The motion prevailed, the time being 3:50 p.m.
The Speaker Pro Tempore declared the House adjourned until Tuesday, October 12, at 2:00 p.m.
GARY L. RANDALL
Clerk of the House of Representatives.