No. 51
STATE OF MICHIGAN
JOURNAL
OF THE
House of Representatives
89th Legislature
REGULAR SESSION OF 1998
House Chamber, Lansing, Wednesday, May 27, 1998.
2:00 p.m.
The House was called to order by the Associate Speaker Pro Tempore.
The roll was called by the Clerk of the House of Representatives, who announced that a quorum was present.
Agee--present
Alley--present
Anthony--present
Baade--present
Baird--present
Bankes--present
Basham--present
Birkholz--present
Bobier--present
Bodem--present
Bogardus--present
Brackenridge--present
Brater--present
Brewer--present
Brown--present
Byl--present
Callahan--present
Cassis--present
Cherry--present
Ciaramitaro--present
Crissman--present
Cropsey--present
Curtis--present
Dalman--present
DeHart--e/d/s
DeVuyst--present
Dobb--present
Dobronski--excused
Emerson--present
Fitzgerald--present
Frank--present
Freeman--present
Gagliardi--present
Galloway--present
Geiger--present
Gernaat--present
Gilmer--present
Gire--present
Godchaux--present
Goschka--present
Green--present
Griffin--present
Gubow--present
Gustafson--present
Hale--present
Hammerstrom--present
Hanley--present
Harder--present
Hertel--present
Hood--present
Horton--excused
Jansen--present
Jelinek--present
Jellema--present
Johnson--present
Kaza--present
Kelly--present
Kilpatrick--present
Kukuk--present
LaForge--present
Law--present
Leland--present
LeTarte--present
Llewellyn--present
London--present
Lowe--present
Mans--present
Martinez--present
Mathieu--present
McBryde--present
McManus--present
McNutt--present
Middaugh--present
Middleton--present
Murphy--present
Nye--present
Olshove--present
Owen--present
Oxender--present
Palamara--present
Parks--present
Perricone--present
Price--present
Profit--present
Prusi--present
Quarles--present
Raczkowski--present
Rhead--e/d/s
Richner--present
Rison--present
Rocca--present
Sanborn--present
Schauer--present
Schermesser--present
Schroer--present
Scott--present
Scranton--present
Sikkema--present
Stallworth--present
Tesanovich--excused
Thomas--present
Varga--present
Vaughn--present
Voorhees--present
Walberg--present
Wallace--present
Wetters--present
Whyman--present
Willard--present
Wojno--present
e/d/s = entered during session
Rep. James 'Mick' Middaugh, from the 80th District, offered the following invocation:
"Heavenly Father, thank You for the many blessings You have bestowed upon those in this chamber, upon this government, and upon those in this great state and nation. Please enable us to lead Michigan forward, not to our ends, but to Yours. We ask this in Your Son, Jesus' name. Amen."
______
Rep. Hammerstrom moved that Rep. Horton be excused from today's session.
The motion prevailed.
Rep. Gagliardi moved that Reps. Dobronski and Tesanovich be excused from today's session.
The motion prevailed.
Notices
May 27, 1998
In accordance with House Rule 10, I hereby designate Representative Eileen DeHart, to be the Presiding Officer for all, or part of today's session.
Sincerely,
Curtis Hertel
Speaker of the House
By unanimous consent the House returned to the order of
Reports of Standing Committees
The Speaker laid before the House
Senate Concurrent Resolution No. 72.
A concurrent resolution to memorialize the Congress of the United States to take certain actions regarding the implementation of the Food Quality Protection Act of 1996.
(For text of resolution, see House Journal No. 32, p. 633.)
(The concurrent resolution was reported by the Committee on Agriculture on May 21, consideration of which was postponed until May 26 under the rules.)
The question being on the adoption of the concurrent resolution,
Rep. LaForge moved to amend the concurrent resolution as follows:
1. Amend the first Whereas clause, line 4, after "(FQPA)" by inserting "as passed by Congress and".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
The question being on the adoption of the concurrent resolution,
The concurrent resolution was adopted, a majority of the members serving voting therefor.
Reps. Baade, Basham, Birkholz, Bobier, Brackenridge, Callahan, Dobb, Gagliardi, Galloway, Gilmer, Harder, Johnson, Kelly, Law, Lowe, McManus, Middaugh, Middleton, Murphy, Olshove, Profit, Raczkowski, Schauer, Scott, Sikkema, Vaughn and Wetters were named co-sponsors of the concurrent resolution.
______
Rep. Wetters asked and obtained a temporary excuse from today's session.
Rep. Griffin moved that Rep. Hood be excused temporarily from today's session.
The motion prevailed.
Messages from the Senate
The Speaker laid before the House
House Bill No. 5216, entitled
A bill to amend 1971 PA 227, entitled "An act to prescribe the rights and duties of parties to home solicitation sales," by amending section 1 (MCL 445.111), as amended by 1980 PA 108.
(The bill was received from the Senate on May 19, with substitute (S-1) and immediate effect given by the Senate, consideration of which, under the rules, was postponed until May 20, see House Journal No. 47, p. 1076.)
The question being on concurring in the adoption of the substitute (S-1) made to the bill by the Senate,
The substitute (S-1) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 472 Yeas--101
Agee Fitzgerald Kelly Price
Alley Frank Kilpatrick Profit
Anthony Freeman Kukuk Prusi
Baade Gagliardi LaForge Quarles
Baird Galloway Law Raczkowski
Bankes Geiger Leland Richner
Basham Gernaat LeTarte Rison
Birkholz Gilmer Llewellyn Rocca
Bobier Gire London Sanborn
Bodem Godchaux Lowe Schauer
Bogardus Goschka Mans Schermesser
Brackenridge Green Martinez Schroer
Brater Griffin Mathieu Scott
Brewer Gubow McBryde Scranton
Brown Gustafson McManus Sikkema
Byl Hale McNutt Stallworth
Callahan Hammerstrom Middaugh Thomas
Cassis Hanley Middleton Varga
Cherry Harder Nye Vaughn
Crissman Hertel Olshove Voorhees
Cropsey Jansen Owen Walberg
Curtis Jelinek Oxender Wallace
Dalman Jellema Palamara Whyman
DeVuyst Johnson Parks Willard
Dobb Kaza Perricone Wojno
Emerson
Nays--0
In The Chair: Gire
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
______
Rep. DeHart entered the House Chambers.
Rep. Rhead entered the House Chambers.
The Speaker laid before the House
House Bill No. 4897, entitled
A bill to amend 1980 PA 300, entitled "The public school employees retirement act of 1979," by amending sections 43c, 85, 104a, and 108 (MCL 38.1343c, 38.1385, 38.1404a, and 38.1408), sections 43c and 104a as amended by 1989 PA 194, section 85 as amended by 1991 PA 47, and section 108 as amended by 1995 PA 177.
(The bill was received from the Senate on May 19, with substitute (S-1), full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until May 20, see House Journal No. 47, p. 1076.)
The question being on concurring in the adoption of the substitute (S-1) made to the bill by the Senate,
The substitute (S-1) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 473 Yeas--104
Alley Emerson Kelly Price
Anthony Fitzgerald Kilpatrick Profit
Baade Frank Kukuk Prusi
Baird Freeman LaForge Quarles
Bankes Gagliardi Law Raczkowski
Basham Galloway Leland Rhead
Birkholz Geiger LeTarte Richner
Bobier Gernaat Llewellyn Rison
Bodem Gilmer London Rocca
Bogardus Gire Lowe Sanborn
Brackenridge Godchaux Mans Schauer
Brater Goschka Martinez Schermesser
Brewer Green Mathieu Schroer
Brown Griffin McBryde Scott
Byl Gubow McManus Scranton
Callahan Gustafson McNutt Sikkema
Cassis Hale Middaugh Stallworth
Cherry Hammerstrom Middleton Thomas
Ciaramitaro Hanley Murphy Varga
Crissman Harder Nye Vaughn
Cropsey Hertel Olshove Voorhees
Curtis Jansen Owen Walberg
Dalman Jelinek Oxender Wallace
DeHart Jellema Palamara Whyman
DeVuyst Johnson Parks Willard
Dobb Kaza Perricone Wojno
Nays--0
In The Chair: Gire
The House agreed to the full title.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
Third Reading of Bills
House Bill No. 4119, entitled
A bill to provide for adoption of an official song and designation of other melodies that represent the musical heritage of this state; to create a commission and prescribe the powers and duties of the commission; and to prescribe the powers and duties of certain state officials.
(The bill was not passed, vote reconsidered and bill postponed for the day on May 21, see House Journal No. 49, p.1105.)
The question being on the passage of the bill,
Rep. Profit moved to substitute (H-2) the bill.
The motion was seconded and the substitute (H-2) was adopted, a majority of the members serving voting therefor.
Rep. Profit moved to reconsider the vote by which the House adopted the substitute (H-2).
The motion prevailed, a majority of the members present voting therefor.
The question being on the adoption of the substitute (H-2) offered previously by Rep. Profit,
Rep. Profit withdrew the substitute (H-2).
The question being on the passage of the bill,
Rep. Gagliardi moved that consideration of the bill be postponed for the day.
The motion prevailed.
Senate Bill No. 554, entitled
A bill to regulate the transportation of certain hazardous materials; to prescribe the powers and duties of certain state agencies and officials; and to prescribe penalties and provide remedies.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 474 Yeas--103
Agee Emerson Kaza Profit
Alley Fitzgerald Kelly Prusi
Anthony Frank Kilpatrick Quarles
Baade Freeman Kukuk Raczkowski
Baird Gagliardi LaForge Rhead
Bankes Galloway Law Richner
Basham Geiger Leland Rison
Birkholz Gernaat LeTarte Rocca
Bobier Gilmer Llewellyn Sanborn
Bodem Gire London Schauer
Bogardus Godchaux Lowe Schermesser
Brackenridge Goschka Mans Schroer
Brater Green Martinez Scott
Brewer Griffin Mathieu Scranton
Brown Gubow McBryde Sikkema
Byl Gustafson McManus Stallworth
Callahan Hale McNutt Thomas
Cassis Hammerstrom Middaugh Varga
Cherry Hanley Middleton Vaughn
Crissman Harder Murphy Voorhees
Cropsey Hertel Nye Walberg
Curtis Hood Oxender Wallace
Dalman Jansen Palamara Whyman
DeHart Jelinek Parks Willard
DeVuyst Jellema Perricone Wojno
Dobb Johnson Price
Nays--0
In The Chair: Gire
The House agreed to the title of the bill.
Rep. Gagliardi moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Senate Bill No. 729, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 11104, 11126, 11130, 11133, 11138, 11144, 11146, 11147, and 11148 (MCL 324.11104, 324.11126, 324.11130, 324.11133, 324.11138, 324.11144, 324.11146, 324.11147, and 324.11148) and by adding section 11132a; 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. 475 Yeas--99
Agee Emerson Kelly Price
Alley Fitzgerald Kilpatrick Profit
Baade Frank Kukuk Prusi
Baird Freeman LaForge Quarles
Bankes Gagliardi Law Raczkowski
Basham Galloway Leland Richner
Birkholz Geiger LeTarte Rison
Bobier Gernaat Llewellyn Rocca
Bodem Gilmer Lowe Sanborn
Bogardus Gire Mans Schauer
Brackenridge Godchaux Martinez Schermesser
Brater Goschka Mathieu Scott
Brewer Green McBryde Scranton
Brown Griffin McManus Sikkema
Callahan Gubow McNutt Stallworth
Cassis Gustafson Middaugh Thomas
Cherry Hale Middleton Varga
Ciaramitaro Hammerstrom Murphy Vaughn
Crissman Hanley Nye Voorhees
Cropsey Hood Olshove Walberg
Curtis Jansen Owen Wallace
Dalman Jelinek Oxender Whyman
DeHart Jellema Palamara Willard
DeVuyst Johnson Parks Wojno
Dobb Kaza Perricone
Nays--0
In The Chair: Gire
The question being on agreeing to the title of the bill,
Rep. Gagliardi moved to amend the title to read as follows:
A bill to amend 1994 PA 451, entitled "An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, and assessments; to provide certain appropriations; to prescribe penalties and provide remedies; to repeal certain parts of this act on a specific date; and to repeal certain acts and parts of acts," by amending sections 11104, 11126, 11130, 11133, 11138, 11144, 11146, 11147, and 11148 (MCL 324.11104, 324.11126, 324.11130, 324.11133, 324.11138, 324.11144, 324.11146, 324.11147, and 324.11148) and by adding sections 11126a and 11132a; and to repeal acts and parts of acts.
The motion prevailed.
The House agreed to the title as amended.
Rep. Gagliardi moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Senate Bill No. 730, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 12101, 12102, 12103, 12105, 12106, 12107, 12109, 12114, and 12116 (MCL 324.12101, 324.12102, 324.12103, 324.12105, 324.12106, 324.12107, 324.12109, 324.12114, and 324.12116), sections 12101 and 12102 as amended by 1995 PA 61; 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. 476 Yeas--100
Agee Dobb Kelly Price
Alley Emerson Kilpatrick Profit
Anthony Fitzgerald Kukuk Prusi
Baade Frank LaForge Quarles
Baird Freeman Law Raczkowski
Bankes Gagliardi Leland Richner
Basham Galloway LeTarte Rison
Birkholz Geiger London Rocca
Bobier Gernaat Lowe Sanborn
Bodem Gire Mans Schauer
Bogardus Godchaux Martinez Schermesser
Brackenridge Goschka Mathieu Schroer
Brater Green McBryde Scott
Brewer Griffin McManus Scranton
Brown Gubow McNutt Sikkema
Byl Gustafson Middaugh Stallworth
Callahan Hale Middleton Thomas
Cassis Hammerstrom Murphy Varga
Cherry Hanley Nye Vaughn
Crissman Harder Olshove Voorhees
Cropsey Hood Owen Walberg
Curtis Jansen Oxender Wallace
Dalman Jelinek Palamara Whyman
DeHart Jellema Parks Willard
DeVuyst Kaza Perricone Wojno
Nays--0
In The Chair: Gire
Pursuant to Joint Rule 20, the full title of the act shall read as follows:
"An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, and assessments; to provide certain appropriations; to prescribe penalties and provide remedies; to repeal certain parts of this act on a specific date; and to repeal certain acts and parts of acts,".
The House agreed to the full title.
Rep. Gagliardi moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Senate Bill No. 731, entitled
A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 4701 (MCL 600.4701), as amended by 1996 PA 327.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 477 Yeas--104
Agee Emerson Kaza Price
Alley Fitzgerald Kelly Profit
Anthony Frank Kilpatrick Prusi
Baade Freeman Kukuk Quarles
Baird Gagliardi LaForge Raczkowski
Bankes Galloway Law Rhead
Basham Geiger Leland Richner
Birkholz Gernaat LeTarte Rison
Bobier Gilmer Llewellyn Rocca
Bodem Gire London Sanborn
Bogardus Godchaux Lowe Schauer
Brackenridge Goschka Mans Schermesser
Brater Green Mathieu Schroer
Brewer Griffin McBryde Scott
Brown Gubow McManus Scranton
Callahan Gustafson McNutt Sikkema
Cassis Hale Middaugh Stallworth
Cherry Hammerstrom Middleton Thomas
Ciaramitaro Hanley Murphy Varga
Crissman Harder Nye Vaughn
Cropsey Hertel Olshove Voorhees
Curtis Hood Owen Walberg
Dalman Jansen Oxender Wallace
DeHart Jelinek Palamara Whyman
DeVuyst Jellema Parks Willard
Dobb Johnson Perricone Wojno
Nays--0
In The Chair: Gire
The question being on agreeing to the title of the bill,
Rep. Gagliardi moved to amend the title to read as follows:
A bill to amend 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 4701 (MCL 600.4701), as amended by 1997 PA 156.
The motion prevailed.
The House agreed to the title as amended.
Rep. Gagliardi moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
______
Rep. Sikkema moved that Rep. Gernaat be excused temporarily from today's session.
The motion prevailed.
Senate Bill No. 789, entitled
A bill to amend 1969 PA 317, entitled "Worker's disability compensation act of 1969," by amending section 405 (MCL 418.405), as amended by 1980 PA 457.
The bill was read a third time.
The question being on the passage of the bill,
Rep. Palamara moved to amend the bill as follows:
1. Amend page 2, line 7, after "EMPLOYED" by striking out "12" and inserting "24".
The motion was seconded and the amendment was adopted, a majority of the members serving voting therefor.
The question being on the passage of the bill,
The bill was then passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 478 Yeas--104
Agee Dobb Kaza Price
Alley Emerson Kelly Profit
Anthony Fitzgerald Kilpatrick Prusi
Baade Frank Kukuk Quarles
Baird Freeman LaForge Raczkowski
Bankes Gagliardi Law Rhead
Basham Galloway Leland Richner
Birkholz Geiger LeTarte Rison
Bobier Gilmer Llewellyn Rocca
Bodem Gire London Sanborn
Bogardus Godchaux Lowe Schauer
Brackenridge Goschka Mans Schermesser
Brater Green Martinez Schroer
Brewer Griffin Mathieu Scott
Brown Gubow McBryde Scranton
Byl Gustafson McNutt Sikkema
Callahan Hale Middaugh Stallworth
Cassis Hammerstrom Middleton Thomas
Cherry Hanley Murphy Varga
Ciaramitaro Harder Nye Vaughn
Crissman Hertel Olshove Voorhees
Cropsey Hood Owen Walberg
Curtis Jansen Oxender Wallace
Dalman Jelinek Palamara Whyman
DeHart Jellema Parks Willard
DeVuyst Johnson Perricone Wojno
Nays--0
In The Chair: Gire
Pursuant to Joint Rule 20, the full title of the act shall read as follows:
"An act to revise and consolidate the laws relating to worker's disability compensation; to increase the administrative efficiency of the adjudicative processes of the worker's compensation system; to improve the qualifications of the persons having adjudicative functions within the worker's compensation system; to prescribe certain powers and duties; to create the board of worker's compensation magistrates and the worker's compensation appellate commission; to create certain other boards; to provide certain procedures for the resolution of claims, including mediation and arbitration; to prescribe certain benefits for persons suffering a personal injury under the act; to prescribe certain limitations on obtaining benefits under the act; to create, and provide for the transfer of, certain funds; to prescribe certain fees; to prescribe certain remedies and penalties; to repeal certain parts of this act on specific dates; and to repeal certain acts and parts of acts,".
The House agreed to the full title.
Rep. Gagliardi moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
House Bill No. 5382, entitled
A bill to amend 1980 PA 307, entitled "Savings and loan act of 1980," (MCL 491.102 to 491.1202) by adding section 702b.
Was read a third time and passed, 2/3 of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 479 Yeas--95
Agee DeVuyst Jelinek Price
Alley Dobb Jellema Profit
Anthony Emerson Johnson Prusi
Baade Fitzgerald Kelly Quarles
Baird Frank Kilpatrick Raczkowski
Bankes Freeman LaForge Richner
Basham Gagliardi Law Rison
Birkholz Galloway Leland Rocca
Bobier Geiger LeTarte Sanborn
Bodem Gilmer Lowe Schauer
Bogardus Gire Mans Schermesser
Brackenridge Godchaux Mathieu Schroer
Brater Goschka McBryde Scott
Brown Green McManus Sikkema
Byl Griffin McNutt Stallworth
Callahan Gubow Middaugh Varga
Cassis Gustafson Middleton Vaughn
Cherry Hale Murphy Voorhees
Ciaramitaro Hammerstrom Olshove Walberg
Crissman Hanley Owen Wallace
Cropsey Harder Oxender Whyman
Curtis Hertel Palamara Willard
Dalman Hood Parks Wojno
DeHart Jansen Perricone
Nays--4
Kaza Kukuk Nye Rhead
In The Chair: Gire
The House agreed to the title of the bill.
Rep. Gagliardi moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
______
Rep. Hale moved that Rep. Thomas be excused temporarily from today's session.
The motion prevailed.
House Bill No. 5417, entitled
A bill to amend 1985 PA 87, entitled "Crime victim's rights act," (MCL 780.751 to 780.834) by adding sections 26, 53, and 85.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 480 Yeas--94
Agee Dobb Kukuk Profit
Alley Emerson LaForge Prusi
Anthony Frank Law Quarles
Baade Freeman Leland Raczkowski
Baird Gagliardi LeTarte Rhead
Bankes Galloway London Richner
Basham Gilmer Lowe Rison
Birkholz Gire Mans Rocca
Bobier Godchaux Martinez Sanborn
Bodem Goschka Mathieu Schauer
Bogardus Green McManus Schermesser
Brackenridge Griffin McNutt Schroer
Brater Gubow Middaugh Scott
Brewer Gustafson Middleton Scranton
Brown Hale Murphy Sikkema
Byl Hammerstrom Nye Stallworth
Callahan Hanley Olshove Varga
Cassis Harder Owen Vaughn
Cherry Jansen Oxender Walberg
Ciaramitaro Jelinek Palamara Wallace
Crissman Jellema Parks Whyman
Cropsey Kaza Perricone Willard
Curtis Kelly Price Wojno
DeHart Kilpatrick
Nays--6
Dalman Fitzgerald McBryde Voorhees
DeVuyst Johnson
In The Chair: Gire
The question being on agreeing to the title of the bill,
Rep. Gagliardi moved to amend the title to read as follows:
A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding section 2855a.
The motion prevailed.
The House agreed to the title as amended.
Rep. Gagliardi moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Reps. Baird, Basham, DeHart, Gire, Kaza, Kelly, Mans, Profit, Prusi, Schermesser, Stallworth and Vaughn were named co-sponsors of the bill.
House Bill No. 4176, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending section 21720a (MCL 333.21720a).
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 481 Yeas--96
Agee Dobb Kelly Profit
Alley Emerson Kilpatrick Prusi
Anthony Fitzgerald Kukuk Quarles
Baade Frank LaForge Raczkowski
Bankes Gagliardi Law Rhead
Basham Galloway Leland Richner
Birkholz Geiger LeTarte Rison
Bobier Gilmer Lowe Rocca
Bodem Gire Mans Sanborn
Bogardus Godchaux Martinez Schauer
Brackenridge Goschka Mathieu Schermesser
Brater Green McBryde Schroer
Brewer Griffin McManus Scott
Brown Gubow McNutt Scranton
Byl Gustafson Middaugh Sikkema
Callahan Hale Middleton Stallworth
Cherry Hammerstrom Murphy Varga
Ciaramitaro Hanley Nye Vaughn
Crissman Harder Olshove Voorhees
Cropsey Hood Owen Walberg
Curtis Jansen Oxender Wallace
Dalman Jelinek Parks Whyman
DeHart Jellema Perricone Willard
DeVuyst Johnson Price Wojno
Nays--2
Kaza Llewellyn
In The Chair: Gire
The House agreed to the title of the bill.
Rep. Gagliardi moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
House Bill No. 4940, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending section 21771 (MCL 333.21771).
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 482 Yeas--101
Agee Dobb Kaza Price
Alley Emerson Kelly Profit
Anthony Fitzgerald Kilpatrick Prusi
Baade Frank Kukuk Quarles
Baird Freeman LaForge Raczkowski
Bankes Gagliardi Law Rhead
Basham Galloway Leland Richner
Birkholz Geiger London Rison
Bobier Gilmer Lowe Rocca
Bodem Gire Mans Sanborn
Bogardus Godchaux Martinez Schauer
Brackenridge Goschka Mathieu Schermesser
Brater Green McBryde Schroer
Brewer Griffin McManus Scott
Brown Gubow McNutt Scranton
Byl Gustafson Middaugh Sikkema
Callahan Hale Middleton Stallworth
Cassis Hammerstrom Murphy Varga
Cherry Hanley Nye Vaughn
Ciaramitaro Harder Olshove Voorhees
Crissman Hood Owen Walberg
Cropsey Jansen Oxender Wallace
Curtis Jelinek Palamara Whyman
Dalman Jellema Parks Willard
DeHart Johnson Perricone Wojno
DeVuyst
Nays--0
In The Chair: Gire
The House agreed to the title of the bill.
Rep. Gagliardi moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
______
Rep. Cherry moved that Rep. Schermesser be excused temporarily from today's session.
The motion prevailed.
House Bill No. 4524, entitled
A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 2922 (MCL 600.2922), as amended by 1985 PA 93, and by adding section 2922a.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 483 Yeas--77
Alley Dobb Jellema Olshove
Baade Emerson Johnson Owen
Bankes Fitzgerald Kaza Oxender
Basham Frank Kelly Palamara
Birkholz Freeman Kukuk Perricone
Bobier Gagliardi LaForge Profit
Bodem Galloway Law Raczkowski
Brackenridge Geiger LeTarte Rhead
Brown Gernaat Llewellyn Richner
Byl Gilmer London Rocca
Callahan Goschka Lowe Sanborn
Cassis Green Mans Sikkema
Cherry Griffin Mathieu Varga
Ciaramitaro Gubow McBryde Voorhees
Crissman Gustafson McManus Walberg
Cropsey Hammerstrom McNutt Wetters
Curtis Harder Middaugh Whyman
Dalman Jansen Middleton Willard
DeHart Jelinek Nye Wojno
DeVuyst
Nays--27
Agee Hale Parks Scott
Anthony Hanley Price Scranton
Baird Hood Prusi Stallworth
Bogardus Kilpatrick Quarles Thomas
Brater Leland Rison Vaughn
Brewer Martinez Schauer Wallace
Godchaux Murphy Schroer
In The Chair: Gire
The question being on agreeing to the title of the bill,
Rep. Gagliardi moved to amend the title to read as follows:
A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," (MCL 600.101 to 600.9948) by adding section 2922a.
The motion prevailed.
The House agreed to the title as amended.
______
Rep. Baird, 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 would provide a civil cause of action against a person who commits a wrongful or negligent act against a pregnant woman when the act results in a miscarriage, stillbirth or physical injury to the fetus.
The bill is unnecessary: civil suits are allowed in nearly every case under current law. Suits filed for injured fetuses that are later born alive can be based on injuries incurred even before conception. Toth v Goree 65 Mich App 296 (1975), Iv denied 369 Mich 836 (1976)."
Rep. Gagliardi moved that the bill be given immediate effect.
The question being on the motion by Rep. Gagliardi,
Rep. Baird demanded the yeas and nays.
The demand was supported.
The question being on the motion by Rep. Gagliardi,
The motion did not prevail, 2/3 of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 484 Yeas--69
Agee Fitzgerald Kaza Owen
Alley Frank Kelly Oxender
Baade Gagliardi Kukuk Palamara
Basham Geiger Law Perricone
Birkholz Gernaat LeTarte Profit
Bobier Gilmer Llewellyn Raczkowski
Bodem Goschka London Rhead
Brackenridge Green Lowe Richner
Brown Griffin Mans Rocca
Byl Gubow Mathieu Sanborn
Callahan Gustafson McBryde Sikkema
Cassis Hammerstrom McManus Voorhees
Ciaramitaro Harder McNutt Walberg
Cropsey Jansen Middaugh Wetters
Dalman Jelinek Middleton Whyman
DeVuyst Jellema Nye Willard
Dobb Johnson Olshove Wojno
Emerson
Nays--33
Anthony Freeman LaForge Schauer
Baird Galloway Leland Schroer
Bankes Gire Martinez Scott
Bogardus Godchaux Murphy Scranton
Brater Hale Parks Stallworth
Brewer Hanley Price Thomas
Cherry Hood Prusi Varga
Crissman Kilpatrick Quarles Vaughn
DeHart
In The Chair: Gire
Rep. Sikkema moved to reconsider the vote by which the House did not give the bill immediate effect.
The motion prevailed, a majority of the members present voting therefor.
Rep. Gagliardi moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
______
The Associate Speaker Pro Tempore called Acting Speaker DeHart to the Chair.
Rep. Harder moved that Rep. Murphy be excused temporarily from today's session.
The motion prevailed.
Senate Bill No. 21, entitled
A bill to define certain crimes against pregnant women; to define and allow certain practices; and to prescribe certain penalties.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 485 Yeas--80
Agee DeVuyst Jelinek Olshove
Alley Dobb Jellema Owen
Baade Emerson Johnson Oxender
Bankes Fitzgerald Kaza Palamara
Basham Frank Kelly Perricone
Birkholz Freeman Kukuk Profit
Bobier Gagliardi LaForge Prusi
Bodem Galloway Law Raczkowski
Brackenridge Geiger LeTarte Rhead
Brown Gernaat Llewellyn Richner
Byl Gilmer London Rocca
Callahan Goschka Lowe Sanborn
Cassis Green Mans Schermesser
Cherry Griffin Mathieu Sikkema
Ciaramitaro Gubow McBryde Voorhees
Crissman Gustafson McManus Walberg
Cropsey Hammerstrom McNutt Wetters
Curtis Harder Middaugh Whyman
Dalman Hood Middleton Willard
DeHart Jansen Nye Wojno
Nays--24
Anthony Hale Price Scranton
Baird Hanley Quarles Stallworth
Bogardus Kilpatrick Rison Thomas
Brater Leland Schauer Varga
Gire Martinez Schroer Vaughn
Godchaux Parks Scott Wallace
In The Chair: DeHart
The question being on agreeing to the title of the bill,
Rep. Gagliardi moved to amend the title to read as follows:
A bill to amend 1931 PA 328, entitled "An act to revise, consolidate, codify and add to the statutes relating to crimes; to define crimes and prescribe the penalties therefor; to provide for restitution under certain circumstances; to provide for the competency of evidence at the trial of persons accused of crime; to provide immunity from prosecution for certain witnesses appearing at such trials; and to repeal certain acts and parts of acts inconsistent with or contravening any of the provisions of this act," (MCL 750.1 to 750.568) by adding sections 90a, 90b, 90c, 90d, 90e, and 90f.
The motion prevailed.
The House agreed to the title as amended.
Rep. Gagliardi moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
______
Rep. Baird, 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 would amend the Penal Code to provide criminal penalties for 5 classes of offenses involving pregnant women.
The bill effectively accords legal 'personhood' to undeveloped embryos: it treats the death of a fetus the same as the death of a live, fully developed human being.
§322 of the Michigan Penal Code prohibits the 'Wilful killing of an unborn quick child,' and punishes this action as manslaughter. The bill effectively amends this section by reference, contrary to Art. IV, §25 of the Michigan Constitution.
This bill would likely punish an illegal abortion with life in prison, while current law punishes it as manslaughter."
______
The Associate Speaker Pro Tempore resumed the Chair.
Senate Bill No. 894, entitled
A bill to amend 1986 PA 135, entitled "Asbestos abatement contractors licensing act," by amending the title and sections 103, 207, 211, 217, 220, and 221 (MCL 338.3103, 338.3207, 338.3211, 338.3217, 338.3220, and 338.3221), the title as amended by 1990 PA 2 and sections 103, 207, and 220 as amended and section 221 as added by 1993 PA55.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 486 Yeas--105
Agee Emerson Kelly Profit
Alley Fitzgerald Kilpatrick Prusi
Anthony Frank Kukuk Quarles
Baade Freeman LaForge Raczkowski
Baird Gagliardi Law Rhead
Bankes Galloway Leland Richner
Basham Geiger LeTarte Rison
Birkholz Gernaat Llewellyn Rocca
Bobier Gilmer London Sanborn
Bodem Gire Lowe Schauer
Bogardus Godchaux Mans Schermesser
Brackenridge Goschka Martinez Schroer
Brater Green Mathieu Scott
Brewer Griffin McBryde Scranton
Brown Gubow McManus Sikkema
Byl Gustafson McNutt Stallworth
Callahan Hale Middaugh Thomas
Cassis Hammerstrom Middleton Varga
Cherry Hanley Nye Vaughn
Ciaramitaro Harder Olshove Voorhees
Crissman Hood Owen Walberg
Cropsey Jansen Oxender Wallace
Curtis Jelinek Palamara Wetters
Dalman Jellema Parks Whyman
DeHart Johnson Perricone Willard
DeVuyst Kaza Price Wojno
Dobb
Nays--0
In The Chair: Gire
Pursuant to Joint Rule 20, the full title of the act shall read as follows:
"An act to provide for the licensing and regulation of asbestos abatement contractors; to create the asbestos abatement contractors licensing board; to establish the powers and duties of the department of public health and the asbestos abatement contractors licensing board; to create an asbestos abatement fund and to provide for expenditure from the fund; to provide for the promulgation of rules; to provide for certain fees; and to provide for penalties and civil fines,".
The House agreed to the full title.
Rep. Gagliardi moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Senate Bill No. 895, entitled
A bill to amend 1988 PA 440, entitled "Asbestos workers accreditation act," by amending sections 2, 11, 13, and 14 (MCL 338.3402, 338.3411, 338.3413, and 338.3414), as amended by 1995 PA 127.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 487 Yeas--103
Agee Dobb Kaza Price
Alley Emerson Kelly Prusi
Anthony Fitzgerald Kilpatrick Quarles
Baade Frank Kukuk Raczkowski
Baird Freeman LaForge Rhead
Bankes Gagliardi Law Richner
Basham Galloway Leland Rison
Birkholz Geiger LeTarte Rocca
Bobier Gernaat Llewellyn Sanborn
Bodem Gilmer London Schauer
Bogardus Gire Lowe Schermesser
Brackenridge Godchaux Mans Schroer
Brater Goschka Martinez Scott
Brewer Green Mathieu Scranton
Brown Griffin McBryde Sikkema
Byl Gubow McManus Stallworth
Callahan Gustafson McNutt Thomas
Cassis Hale Middaugh Varga
Cherry Hammerstrom Middleton Vaughn
Ciaramitaro Hanley Nye Voorhees
Crissman Harder Olshove Walberg
Cropsey Hood Owen Wallace
Curtis Jansen Oxender Wetters
Dalman Jelinek Palamara Willard
DeHart Jellema Parks Wojno
DeVuyst Johnson Perricone
Nays--0
In The Chair: Gire
Pursuant to Joint Rule 20, the full title of the act shall read as follows:
"An act to provide for the accreditation of persons who perform asbestos-related work in schools, school buildings, and public and commercial buildings; to prescribe powers and duties of certain state agencies and officers; to prescribe remedies and penalties; and to assess certain fees,".
The House agreed to the full title.
Rep. Gagliardi moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Senate Bill No. 896, entitled
A bill to amend 1995 PA 127, entitled "An act to amend the title and sections 2, 3, 4, 5, 6, 7, 9, 10, 11, 12, 13, 14, and 15 of Act No. 440 of the Public Acts of 1988, entitled "An act to provide for the accreditation of persons who perform asbestos-related work in schools and school buildings; to prescribe the powers and duties of certain state agencies and officers; to prescribe remedies and penalties; and to assess certain fees," being sections 338.3402, 338.3403, 338.3404, 338.3405, 338.3406, 338.3407, 338.3409, 338.3410, 338.3411, 338.3412, 338.3413, 338.3414, and 338.3415 of the Michigan Compiled Laws; to add section 15a; and to repeal acts and parts of acts," by amending enacting section 2.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 488 Yeas--103
Agee Emerson Kelly Profit
Alley Fitzgerald Kilpatrick Prusi
Anthony Frank Kukuk Quarles
Baade Freeman LaForge Raczkowski
Baird Gagliardi Law Rhead
Bankes Galloway Leland Richner
Basham Geiger LeTarte Rison
Birkholz Gernaat Llewellyn Rocca
Bobier Gilmer London Sanborn
Bodem Gire Lowe Schauer
Bogardus Godchaux Mans Schermesser
Brackenridge Goschka Martinez Schroer
Brater Green Mathieu Scott
Brewer Griffin McBryde Sikkema
Brown Gubow McManus Stallworth
Byl Gustafson McNutt Thomas
Callahan Hale Middaugh Varga
Cassis Hammerstrom Middleton Vaughn
Cherry Hanley Nye Voorhees
Crissman Harder Olshove Walberg
Cropsey Hood Owen Wallace
Curtis Jansen Oxender Wetters
Dalman Jelinek Palamara Whyman
DeHart Jellema Parks Willard
DeVuyst Johnson Perricone Wojno
Dobb Kaza Price
Nays--0
In The Chair: Gire
The House agreed to the title of the bill.
Rep. Gagliardi moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Second Reading of Bills
House Bill No. 5739, entitled
A bill to amend 1939 PA 288, entitled "An act to revise and consolidate the statutes relating to certain aspects of the organization and jurisdiction of the probate court of this state, the powers and duties of such court and the judges and other officers thereof, certain aspects of the statutes of descent and distribution of property, and the statutes governing the change of name of adults and children, the adoption of adults and children, and the jurisdiction of the juvenile division of the probate court; to prescribe the powers and duties of the juvenile division of the probate court, and the judges and other officers thereof; to prescribe the manner and time within which actions and proceedings may be brought in the juvenile division of the probate court; to prescribe pleading, evidence, practice, and procedure in actions and proceedings in the juvenile division of the probate court; to provide for appeals from the juvenile division of the probate court; to prescribe the powers and duties of certain state departments, agencies, and officers; and to provide remedies and penalties for the violation of this act," by amending section 1 of chapter XIIA (MCL 712A.1), as amended by 1996 PA 409.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Judiciary,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Schauer moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed, a majority of the members voting therefor.
Rep. Gagliardi moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the House returned to the order of
Third Reading of Bills
House Bill No. 5739, entitled
A bill to amend 1939 PA 288, entitled "An act to revise and consolidate the statutes relating to certain aspects of the organization and jurisdiction of the probate court of this state, the powers and duties of such court and the judges and other officers thereof, certain aspects of the statutes of descent and distribution of property, and the statutes governing the change of name of adults and children, the adoption of adults and children, and the jurisdiction of the juvenile division of the probate court; to prescribe the powers and duties of the juvenile division of the probate court, and the judges and other officers thereof; to prescribe the manner and time within which actions and proceedings may be brought in the juvenile division of the probate court; to prescribe pleading, evidence, practice, and procedure in actions and proceedings in the juvenile division of the probate court; to provide for appeals from the juvenile division of the probate court; to prescribe the powers and duties of certain state departments, agencies, and officers; and to provide remedies and penalties for the violation of this act," by amending section 1 of chapter XIIA (MCL 712A.1), as amended by 1996 PA 409.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 489 Yeas--104
Agee Dobb Johnson Profit
Alley Emerson Kaza Prusi
Anthony Fitzgerald Kelly Quarles
Baade Frank Kilpatrick Raczkowski
Baird Freeman Kukuk Rhead
Bankes Gagliardi LaForge Richner
Basham Galloway Law Rison
Birkholz Geiger Leland Rocca
Bobier Gernaat LeTarte Sanborn
Bodem Gilmer Lowe Schauer
Bogardus Gire Mans Schermesser
Brackenridge Godchaux Martinez Schroer
Brater Goschka Mathieu Scott
Brewer Green McBryde Scranton
Brown Griffin McManus Sikkema
Byl Gubow McNutt Stallworth
Callahan Gustafson Middaugh Thomas
Cassis Hale Middleton Varga
Cherry Hammerstrom Nye Vaughn
Ciaramitaro Hanley Olshove Voorhees
Crissman Harder Owen Walberg
Cropsey Hertel Oxender Wallace
Curtis Hood Palamara Wetters
Dalman Jansen Parks Whyman
DeHart Jelinek Perricone Willard
DeVuyst Jellema Price Wojno
Nays--0
In The Chair: Gire
The question being on agreeing to the title of the bill,
Rep. Gagliardi moved to amend the title to read as follows:
A bill to amend 1939 PA 288, entitled "An act to revise and consolidate the statutes relating to certain aspects of the family division of circuit court, to the jurisdiction, powers, and duties of the family division of circuit court and its judges and other officers, to the change of name of adults and children, and to the adoption of adults and children; to prescribe certain jurisdiction, powers, and duties of the family division of circuit court and its judges and other officers; to prescribe the manner and time within which certain actions and proceedings may be brought in the family division of the circuit court; to prescribe pleading, evidence, practice, and procedure in certain actions and proceedings in the family division of circuit court; to provide for appeals from certain actions in the family division of circuit court; to prescribe the powers and duties of certain state departments, agencies, and officers; and to provide remedies and penalties," by amending section 1 of chapter XIIA (MCL 712A.1), as amended by 1996 PA 409.
The motion prevailed.
The House agreed to the title as amended.
Rep. Gagliardi moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
______
Rep. Thomas, under Rule 33, made the following statement:
"Mr. Speaker and members of the House:
I was absent from the Chamber when the vote was taken on Roll Call Nos. 480-482. Had I been present, I would have voted 'yes'."
House Bill No. 4495, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 20165 and 20175 (MCL 333.20165 and 333.20175), section 20165 as amended by 1990 PA 179 and section 20175 as amended by 1993 PA 79, and by adding section 20173.
The bill was read a third time.
The question being on the passage of the bill,
Rep. Brewer moved to amend the bill as follows:
1. Amend page 11, following line 7, by inserting:
"Enacting section 1. This amendatory act takes effect January 1, 1999.".
The motion was seconded and the amendment was adopted, a majority of the members serving voting therefor.
The question being on the passage of the bill,
The bill was then passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 490 Yeas--103
Agee Dobb Kaza Profit
Alley Emerson Kelly Prusi
Anthony Fitzgerald Kilpatrick Quarles
Baade Frank Kukuk Raczkowski
Baird Gagliardi LaForge Rhead
Bankes Galloway Leland Richner
Basham Geiger LeTarte Rocca
Birkholz Gernaat Llewellyn Sanborn
Bobier Gilmer London Schauer
Bodem Gire Lowe Schermesser
Bogardus Godchaux Mans Schroer
Brackenridge Goschka Martinez Scott
Brater Green Mathieu Scranton
Brewer Griffin McBryde Sikkema
Brown Gubow McManus Stallworth
Byl Gustafson McNutt Thomas
Callahan Hale Middaugh Varga
Cassis Hammerstrom Middleton Vaughn
Cherry Hanley Nye Voorhees
Ciaramitaro Harder Olshove Walberg
Crissman Hertel Owen Wallace
Cropsey Hood Oxender Wetters
Curtis Jansen Palamara Whyman
Dalman Jelinek Parks Willard
DeHart Jellema Perricone Wojno
DeVuyst Johnson Price
Nays--0
In The Chair: Gire
The House agreed to the title of the bill.
Rep. Gagliardi moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
By unanimous consent the House returned to the order of
Messages from the Senate
House Bill No. 5857, entitled
A bill to amend 1992 PA 234, entitled "The judges retirement act of 1992," by amending sections 104, 110a, 401a, 504, 508, 701, 702, 705, 706, and 711 (MCL 38.2104, 38.2110a, 38.2401a, 38.2504, 38.2508, 38.2651, 38.2652, 38.2655, 38.2656, and 38.2661), section 104 as amended by 1995 PA 193, sections 110a, 401a, 705, 706, and 711 as added by 1996 PA 523, and sections 701 and 702 as amended by 1998 PA 66, and by adding sections 512, 701a, 707a, and 718a.
The Senate has substituted (S-1) the bill.
The Senate has passed the bill as substituted (S-1), ordered that it be given immediate effect and amended the title to read as follows:
A bill to amend 1992 PA 234, entitled "An act to establish a judges retirement system; to provide for the administration and maintenance of the retirement system; to create a retirement board; to prescribe the powers and duties of the retirement board; to establish certain reserves for the retirement system; to establish certain funds; to prescribe the powers and duties of certain state departments and certain state and local officials and employees; to prescribe penalties and provide remedies; and to repeal certain acts and parts of acts," by amending sections 104, 217, 504, 701, 702, 705, 706, and 711 (MCL 38.2104, 38.2217, 38.2504, 38.2651, 38.2652, 38.2655, 38.2656, and 38.2661), section 104 as amended by 1995 PA 193, section 217 as amended by 1996 PA 525, sections 701 and 702 as amended by 1998 PA 66, and sections 705, 706, and 711 as added by 1996 PA 523, and by adding sections 701a and 718a.
The Speaker announced that pursuant to Rule 45, the bill was laid over one day.
Rep. Gagliardi moved that Rule 45 be suspended.
The motion prevailed, 3/5 of the members present voting therefor.
The question being on concurring in the adoption of the substitute (S-1) made to the bill by the Senate,
The substitute (S-1) was not concurred in, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 491 Yeas--0
Nays--103
Agee Dobb Kaza Prusi
Alley Emerson Kilpatrick Quarles
Anthony Fitzgerald Kukuk Raczkowski
Baade Frank LaForge Rhead
Baird Freeman Leland Richner
Bankes Gagliardi LeTarte Rison
Basham Galloway Llewellyn Rocca
Birkholz Geiger London Sanborn
Bobier Gernaat Lowe Schauer
Bodem Gilmer Mans Schermesser
Bogardus Gire Martinez Schroer
Brackenridge Godchaux Mathieu Scott
Brater Goschka McBryde Scranton
Brewer Green McManus Sikkema
Brown Griffin McNutt Stallworth
Byl Gubow Middaugh Thomas
Callahan Gustafson Middleton Varga
Cassis Hale Nye Vaughn
Cherry Hammerstrom Olshove Voorhees
Ciaramitaro Hanley Owen Walberg
Crissman Harder Oxender Wallace
Cropsey Hertel Palamara Wetters
Curtis Jansen Parks Whyman
Dalman Jelinek Perricone Willard
DeHart Jellema Price Wojno
DeVuyst Johnson Profit
In The Chair: Gire
The Speaker appointed as conferees, on the part of the House of Representatives, Reps. Ciaramitaro, DeHart and Rhead.
______
Rep. Gagliardi moved that House Committees be given leave to meet during the balance of today's session.
The motion prevailed.
Rep. Varga asked and obtained an excuse from tomorrow's session.
By unanimous consent the House returned to the order of
Motions and Resolutions
Reps. Sanborn, Kukuk, Jansen, McNutt, Rocca, Jelinek, Richner, Crissman, Bodem, Prusi, Wojno, Kelly, Hale, Freeman, Raczkowski, Hammerstrom, Cherry, Oxender, Cropsey, Dalman, Middleton, Gernaat, Green, Scott, Harder, Olshove, Johnson, Voorhees, Lowe, Galloway, Goschka, McBryde, Fitzgerald, Cassis, Ciaramitaro, Bankes, Baird, Thomas, Wallace, Sikkema, Profit, Vaughn, Callahan, Anthony, Varga, Schroer, Brackenridge, Brater, Frank, Willard, Parks, Price, Llewellyn, Kilpatrick, Gilmer, LaForge, Gustafson, Birkholz, Whyman, McManus, Bogardus, Agee, Alley, Baade, Brown, Byl, Curtis, DeHart, DeVuyst, Dobb, Gagliardi, Geiger, Gire, Godchaux, Griffin, Gubow, Hanley, Hertel, Hood, Jellema, Kaza, Leland, LeTarte, Mans, Martinez, Mathieu, Middaugh, Nye, Owen, Palamara, Perricone, Quarles, Rhead, Rison, Schauer, Stallworth and Walberg offered the following resolution:
House Resolution No. 309.
A resolution of tribute offered as a memorial for Lisa R. Putman.
Whereas, The members of this legislative body, on behalf of the citizens of Michigan, would like to extend our deepest sympathies and respect to the family and many friends of Lisa R. Putman, whose sudden passing has saddened all who had the good fortune of knowing her. Lisa had been an outstanding employee of the Family Independence Agency in Macomb County since July 1995. Gone from our midst is a woman who was totally committed to children's concerns and worked extensively with agencies which provided her an opportunity to work with and counsel children and adolescents; and
Whereas, Lisa Putman was dedicated to her family and had been recently engaged to be married. Friendly and caring, she was valued by friends and co-workers. Her effectiveness, integrity, and sincere goodwill created a spirit of cooperation leading to accomplishments that benefitted everyone. Lisa Putman was much admired and will be long remembered; and
Whereas, Lisa Putman, champion for children's issues, touched countless lives that shall endure as a testimony to her life of selfless service. Truly, her passing leaves a void which can never be filled; now, therefore, be it
Resolved by the House of Representatives, That we hereby offer a unanimous accolade of tribute as a memorial for Lisa R. Putman; and be it further
Resolved, That a copy of this resolution be transmitted to her family and fiancé as an enduring testimony to the high esteem in which her life and memory are held by the people of Michigan.
Pending the reference of the resolution to a committee,
Rep. Gagliardi moved that Rule 77 be suspended and the resolution be considered at this time.
The motion prevailed, 3/5 of the members present voting therefor.
The question being on the adoption of the resolution,
The resolution was adopted, a majority of the members serving voting therefor.
Reports of Select Committees
Senate Bill No. 514, entitled
A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending section 2213b (MCL 500.2213b), as added by 1996 PA 517.
The Senate has adopted thereport of the Committee of Conference.
The Conference Report was read as follows:
First Conference Report
The Committee of Conference on the matters of difference between the two Houses concerning
Senate Bill No. 514, entitled
A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending section 2213b (MCL 500.2213b), as added by 1996 PA 517.
Recommends:
First: That the Senate and House agree to the Substitute of the House as passed by the House and to the following amendments:
1. Amend page 2, line 6, after "JULY 1," by striking out "2001" and inserting "2004".
2. Amend page 2, line 9, after "JULY 1," by striking out "2001" and inserting "2004".
3. Amend page 3, line 8, after "COMMISSIONER:" by striking out the balance of the bill and inserting:
"(A) BY NO LATER THAN FEBRUARY 1, 1999, A WRITTEN REPORT THAT DISCLOSES BOTH OF THE FOLLOWING:
(i) THE GROSS WRITTEN PREMIUM FOR SHORT-TERM OR 1-TIME LIMITED DURATION POLICIES OR CERTIFICATES OF NO LONGER THAN 6 MONTHS ISSUED IN THIS STATE DURING THE 1996 CALENDAR YEAR.
(ii) THE GROSS WRITTEN PREMIUM FOR ALL INDIVIDUAL EXPENSE-INCURRED HOSPITAL, MEDICAL, OR SURGICAL POLICIES OR CERTIFICATES ISSUED OR DELIVERED IN THIS STATE DURING THE 1996 CALENDAR YEAR OTHER THAN POLICIES OR CERTIFICATES DESCRIBED IN SUBPARAGRAPH (i).
(B) BY NO LATER THAN MARCH 31, 2000, MARCH 31, 2001, MARCH 31, 2002, MARCH 31, 2003, AND MARCH 31, 2004, A WRITTEN ANNUAL REPORT THAT DISCLOSES BOTH OF THE FOLLOWING:
(i) THE GROSS WRITTEN PREMIUM FOR SHORT-TERM OR 1-TIME LIMITED DURATION POLICIES OR CERTIFICATES ISSUED IN THIS STATE DURING THE PRECEDING CALENDAR YEAR.
(ii) THE GROSS WRITTEN PREMIUM FOR ALL INDIVIDUAL EXPENSE-INCURRED HOSPITAL, MEDICAL, OR SURGICAL POLICIES OR CERTIFICATES ISSUED OR DELIVERED IN THIS STATE DURING THE PRECEDING CALENDAR YEAR OTHER THAN POLICIES OR CERTIFICATES DESCRIBED IN SUBPARAGRAPH (i).
(7) THE COMMISSIONER SHALL MAINTAIN COPIES OF REPORTS PREPARED PURSUANT TO SUBSECTION (6) ON FILE WITH THE ANNUAL STATEMENT OF EACH REPORTING INSURER. THE COMMISSIONER SHALL ANNUALLY COMPILE THE REPORTS RECEIVED UNDER SUBSECTION (6). THE COMMISSIONER SHALL PROVIDE THIS ANNUAL COMPILATION TO THE SENATE AND HOUSE OF REPRESENTATIVES STANDING COMMITTEES ON INSURANCE ISSUES NO LATER THAN THE JUNE 1 IMMEDIATELY FOLLOWING THE FEBRUARY 1 OR MARCH 31 DATE FOR WHICH THE REPORTS UNDER SUBSECTION (6) ARE PROVIDED.
(8) A HEALTH INSURER SHALL NOT CONTINUE TO ISSUE SHORT-TERM OR 1-TIME LIMITED DURATION POLICIES OR CERTIFICATES IF THE COLLECTIVE GROSS WRITTEN PREMIUMS ON THOSE POLICIES OR CERTIFICATES AS SHOWN IN THE ANNUAL REPORT PREPARED UNDER SUBSECTION (6)(B) TOTAL MORE THAN 10% OF THE COLLECTIVE GROSS WRITTEN PREMIUMS FOR ALL INDIVIDUAL EXPENSE-INCURRED HOSPITAL, MEDICAL, OR SURGICAL POLICIES OR CERTIFICATES ISSUED OR DELIVERED IN THIS STATE EITHER DIRECTLY BY THAT INSURER OR THROUGH A CORPORATION THAT OWNS OR IS OWNED BY THAT INSURER.".
Second: That the Senate and House agree to the title of the bill to read as follows:
A bill to amend 1956 PA 218, entitled "An act to revise, consolidate, and classify the laws relating to the insurance and surety business; to regulate the incorporation or formation of domestic insurance and surety companies and associations and the admission of foreign and alien companies and associations; to provide their rights, powers, and immunities and to prescribe the conditions on which companies and associations organized, existing, or authorized under this act may exercise their powers; to provide the rights, powers, and immunities and to prescribe the conditions on which other persons, firms, corporations, associations, risk retention groups, and purchasing groups engaged in an insurance or surety business may exercise their powers; to provide for the imposition of a privilege fee on domestic insurance companies and associations and the state accident fund; to provide for the imposition of a tax on the business of foreign and alien companies and associations; to provide for the imposition of a tax on risk retention groups and purchasing groups; to provide for the imposition of a tax on the business of surplus line agents; to provide for the imposition of regulatory fees on certain insurers; to modify tort liability arising out of certain accidents; to provide for limited actions with respect to that modified tort liability and to prescribe certain procedures for maintaining those actions; to require security for losses arising out of certain accidents; to provide for the continued availability and affordability of automobile insurance and homeowners insurance in this state and to facilitate the purchase of that insurance by all residents of this state at fair and reasonable rates; to provide for certain reporting with respect to insurance and with respect to certain claims against uninsured or self-insured persons; to prescribe duties for certain state departments and officers with respect to that reporting; to provide for certain assessments; to establish and continue certain state insurance funds; to modify and clarify the status, rights, powers, duties, and operations of the nonprofit malpractice insurance fund; to provide for the departmental supervision and regulation of the insurance and surety business within this state; to provide for the conservation, rehabilitation, or liquidation of unsound or insolvent insurers; to provide for the protection of policyholders, claimants, and creditors of unsound or insolvent insurers; to provide for associations of insurers to protect policyholders and claimants in the event of insurer insolvencies; to prescribe educational requirements for insurance agents and solicitors; to provide for the regulation of multiple employer welfare arrangements; to create an automobile theft prevention authority to reduce the number of automobile thefts in this state; to prescribe the powers and duties of the automobile theft prevention authority; to provide certain powers and duties upon certain officials, departments, and authorities of this state; to repeal certain acts and parts of acts; to repeal certain acts and parts of acts on specific dates; to repeal certain parts of this act on specific dates; and to provide penalties for the violation of this act," by amending section 2213b (MCL 500.2213b), as added by 1996 PA517.
Dale Shugars
John Schwarz
Conferees for the Senate
David M. Gubow
John T. Llewellyn
Conferees for the House
The Speaker announced that under Joint Rule 9 the conference report would lie over one day.
Reports of Standing Committees
The Committee on Tourism, by Rep. Baade, Chair, reported
House Resolution No. 307.
A resolution to request the Michigan Jobs Commission to give prior notification to the legislature regarding changes to the operations of Welcome Centers, especially proposed closings.
(For text of resolution, see House Journal No. 48, p. 1095.)
With the recommendation that the resolution be adopted.
The Speaker announced that under Rule 77 the resolution would lie over one day.
Favorable Roll Call
HR 307 To Report Out:
Yeas: Reps. Baade, Vaughn, Willard, Bodem, Lowe,
Nays: None.
The Committee on Tourism, by Rep. Baade, Chair, reported
House Concurrent Resolution No. 107.
A concurrent resolution to request the Michigan Jobs Commission to give prior notification to the legislature regarding changes to the operations of Welcome Centers, especially proposed closings.
(For text of resolution, see House Journal No. 48, p. 1095.)
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 107 To Report Out:
Yeas: Reps. Baade, Vaughn, Willard, Bodem, Lowe,
Nays: None.
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Baade, Chair of the Committee on Tourism, was received and read:
Meeting held on: Wednesday, May 27, 1998, at 9:00 a.m.,
Present: Reps. Baade, Brewer, Vaughn, Willard, Bodem, Lowe,
Absent: Reps. Wetters, Brackenridge, Horton,
Excused: Reps. Wetters, Brackenridge, Horton.
The Committee on Colleges and Universities, by Rep. Cherry, Chair, reported
Senate Bill No. 1099, entitled
A bill to amend 1966 PA 331, entitled "Community college act of 1966," by amending sections 128, 129, and 131 (MCL 389.128, 389.129, and 389.131), as added by 1998 PA 51.
With the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
SB 1099 To Report Out:
Yeas: Reps. Cherry, Brown, Brater, LeTarte, Scranton, Walberg,
Nays: None.
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Cherry, Chair of the Committee on Colleges and Universities, was received and read:
Meeting held on: Wednesday, May 27, 1998, at 10:30 a.m.,
Present: Reps. Cherry, Brown, Brater, Curtis, Quarles, LeTarte, Dalman, Scranton, Walberg.
The Committee on Tax Policy, by Rep. Profit, Chair, reported
House Bill No. 5796, entitled
A bill to amend 1989 PA 292, entitled "Metropolitan council act," by amending the title and sections 1, 3, 5, 7, 9, 11, 13, 15, 17, 19, 21, 23, 25, 27, 29, 31, 33, and 35 (MCL 124.651, 124.653, 124.655, 124.657, 124.659, 124.661, 124.663, 124.665, 124.667, 124.669, 124.671, 124.673, 124.675, 124.677, 124.679, 124.681, 124.683, and 124.685) and by adding sections 65, 67, 69, 71, 73, 75, 77, and 79.
With the recommendation that the substitute (H-3) 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 5796 To Report Out:
Yeas: Reps. Profit, Quarles, Agee, Freeman, Palamara, Wallace, Wojno, Brackenridge, Cassis, Whyman,
Nays: Reps. Dobb, Goschka.
The Committee on Tax Policy, by Rep. Profit, Chair, reported
House Bill No. 5859, entitled
A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 7ff (MCL 211.7ff), as amended by 1998 PA 18.
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 5859 To Report Out:
Yeas: Reps. Profit, Quarles, Agee, Freeman, Hanley, Wallace, Wetters, Wojno, Perricone, Cassis, Dobb, Goschka, Middleton, Whyman,
Nays: None.
The Committee on Tax Policy, by Rep. Profit, Chair, reported
House Bill No. 5863, entitled
A bill to amend 1974 PA 198, entitled "An act to provide for the establishment of plant rehabilitation districts and industrial development districts in local governmental units; to provide for the exemption from certain taxes; to levy and collect a specific tax upon the owners of certain facilities; to provide for the disposition of the tax; to provide for the obtaining and transferring of an exemption certificate and to prescribe the contents of those certificates; to prescribe the powers and duties of the state tax commission and certain officers of local governmental units; and to provide penalties," by amending section 9 (MCL 207.559), as amended by 1996 PA 513.
Adverse Roll Call
HB 5863 To Report Out:
Yeas: Reps. Profit, Quarles, Wallace, Wetters, Wojno,
Nays: None.
The Committee on Tax Policy, by Rep. Profit, Chair, reported
Senate Bill No. 733, entitled
A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 7o (MCL 211.7o), as amended by 1996 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 733 To Report Out:
Yeas: Reps. Profit, Quarles, Agee, Freeman, Hanley, Wallace, Wojno, Perricone, Cassis, Dobb, Goschka, Middleton,
Nays: None.
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Profit, Chair of the Committee on Tax Policy, was received and read:
Meeting held on: Wednesday, May 27, 1998, at 9:00 a.m.,
Present: Reps. Profit, Quarles, Agee, Freeman, Hanley, Palamara, Wallace, Wetters, Wojno, Perricone, Brackenridge, Cassis, Dobb, Goschka, Middleton, Whyman,
Absent: Rep. Gubow.
The Committee on Consumer Protection, by Rep. Brater, Chair, reported
House Bill No. 5361, entitled
A bill to regulate extended warranty contracts; to provide for consumer rights; to require certain notices; to provide for remedies; and to prescribe penalties.
With the recommendation that the substitute (H-3) 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 5361 To Report Out:
Yeas: Reps. Brater, Basham, Brown, Freeman, Crissman, Cropsey, Perricone,
Nays: None.
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Brater, Chair of the Committee on Consumer Protection, was received and read:
Meeting held on: Wednesday, May 27, 1998, at 9:00 a.m.,
Present: Reps. Brater, Basham, Brown, Freeman, Crissman, Cropsey, Perricone,
Absent: Reps. DeHart, Law,
Excused: Reps. DeHart, Law.
The Committee on Conservation, Environment and Recreation, by Rep. Alley, Chair, reported
House Bill No. 5883, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 43526 and 43527 (MCL 324.43526 and 324.43527), as amended by 1996 PA 585, and by adding section 43527a.
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 5883 To Report Out:
Yeas: Reps. Alley, Callahan, Anthony, Brater, Brown, Kilpatrick, LaForge, Mans, Schermesser, Basham, Middaugh, Birkholz, Bodem, Byl, DeVuyst, McManus, McNutt, Walberg,
Nays: None.
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Alley, Chair of the Committee on Conservation, Environment and Recreation, was received and read:
Meeting held on: Wednesday, May 27, 1998, at 10:30 a.m.,
Present: Reps. Alley, Callahan, Anthony, Brater, Brown, Kilpatrick, LaForge, Mans, Schermesser, Wetters, Basham, Middaugh, Birkholz, Bodem, Byl, DeVuyst, McManus, McNutt, Walberg.
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Gire, Chair of the Committee on Education, was received and read:
Meeting held on: Wednesday, May 27, 1998, at 12:00 Noon,
Present: Reps. Gire, Bogardus, Agee, Brown, Cherry, Curtis, Kilpatrick, LaForge, Schauer, Dalman, Crissman, Cropsey, Jelinek, LeTarte, McNutt, Middleton,
Absent: Rep. Scott,
Excused: Rep. Scott.
Messages from the Senate
House Bill No. 5588, entitled
A bill to make appropriations for the department of agriculture for the fiscal year ending September 30, 1999; to provide for the expenditure of the appropriations; to create funds; to provide for the imposition of fees; to require reports, audits, and plans; to authorize certain transfers by certain state agencies; and to provide for the disposition of fees and other income received by certain state agencies.
The Senate has substituted (S-1) the bill.
The Senate has passed the bill as substituted (S-1) and ordered that it be given immediate effect.
The Speaker announced that pursuant to Rule 45, the bill was laid over one day.
House Bill No. 5589, entitled
A bill to make appropriations for the department of environmental quality for the fiscal year ending September 30, 1999; 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.
The Senate has substituted (S-1) the bill.
The Senate has passed the bill as substituted (S-1) and ordered that it be given immediate effect.
The Speaker announced that pursuant to Rule 45, the bill was laid over one day.
House Bill No. 5590, entitled
A bill to make appropriations for the family independence agency and certain state purposes related to public welfare services for the fiscal year ending September 30, 1999; to provide for the expenditure of the appropriations; to create funds; to provide for the imposition of fees; to provide for reports; to provide for the disposition of fees and other income received by the state agency; and to provide for the powers and duties of certain individuals, local governments, and state departments, agencies, and officers.
The Senate has substituted (S-1) the bill.
The Senate has passed the bill as substituted (S-1).
The Speaker announced that pursuant to Rule 45, the bill was laid over one day.
House Bill No. 5591, entitled
A bill to make appropriations for the department of natural resources for the fiscal year ending September 30, 1999; 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.
The Senate has substituted (S-1) the bill.
The Senate has passed the bill as substituted (S-1) and ordered that it be given immediate effect.
The Speaker announced that pursuant to Rule 45, the bill was laid over one day.
House Bill No. 5592, entitled
A bill to make appropriations for the departments of consumer and industry services and Michigan jobs commission and certain other state purposes for the fiscal year ending September 30, 1999; to provide for the expenditure of those appropriations; to provide for the imposition of certain fees; to provide for the disposition of fees and other income received by the state agencies; to provide for reports to certain persons; and to prescribe powers and duties of certain state departments and certain state and local agencies and officers.
The Senate has substituted (S-1) the bill.
The Senate has passed the bill as substituted (S-1) and ordered that it be given immediate effect.
The Speaker announced that pursuant to Rule 45, the bill was laid over one day.
House Bill No. 5593, entitled
A bill to make appropriations for the department of state police and certain other state purposes for the fiscal year ending September 30, 1999; to provide for the expenditure of those appropriations; to provide for certain reports and the consideration of those reports; to provide for the disposition of other income received by the various state agencies; to provide for the testing of certain persons; to provide for certain emergency powers; and to provide for the powers and duties of certain committees, certain state agencies, and certain employees.
The Senate has substituted (S-1) the bill.
The Senate has passed the bill as substituted (S-1) and ordered that it be given immediate effect.
The Speaker announced that pursuant to Rule 45, the bill was laid over one day.
House Bill No. 5595, entitled
A bill to make appropriations for the departments of attorney general, civil rights, civil service, management and budget, state, and treasury, the executive office, and the legislative branch for the fiscal year ending September 30, 1999; to provide for the expenditure of these appropriations; to provide for the funding of certain work projects; to provide for the imposition of certain fees; to establish or continue certain funds, programs, and categories; to prescribe certain requirements for bidding on state contracts; to provide for disposition of year-end balances for the fiscal year ending September 30, 1999; to prescribe the powers and duties of certain principal executive departments and state agencies, officials, and employees; and to provide for the disposition of fees and other income received by the various principal executive departments and state agencies.
The Senate has substituted (S-1) the bill.
The Senate has passed the bill as substituted (S-1) and ordered that it be given immediate effect.
The Speaker announced that pursuant to Rule 45, the bill was laid over one day.
House Bill No. 5596, entitled
A bill to make appropriations for the judicial branch for the fiscal years ending September 30, 1998 and September 30, 1999; to provide for the expenditure of these appropriations; to place certain restrictions on the expenditure of these appropriations; to prescribe the powers and duties of certain officials and employees; to require certain reports; and to provide for the disposition of fees and other income received by the judicial branch.
The Senate has substituted (S-1) the bill.
The Senate has passed the bill as substituted (S-1), ordered that it be given immediate effect and amended the title to read as follows:
A bill to make appropriations for the judicial branch for the fiscal year ending September 30, 1999; to provide for the expenditure of these appropriations; to place certain restrictions on the expenditure of these appropriations; to prescribe the powers and duties of certain officials and employees; to require certain reports; and to provide for the disposition of fees and other income received by the judicial branch.
The Speaker announced that pursuant to Rule 45, the bill was laid over one day.
House Bill No. 5597, entitled
A bill to make appropriations for the department of military and veterans affairs for the fiscal year ending September 30, 1999; to provide for the expenditure of the appropriations; to provide for certain powers and duties of the department of military and veterans affairs, other state agencies, and local units of government related to the appropriations; and to provide for the preparation of certain reports related to the appropriations.
The Senate has substituted (S-1) the bill.
The Senate has passed the bill as substituted (S-1) and ordered that it be given immediate effect.
The Speaker announced that pursuant to Rule 45, the bill was laid over one day.
The Senate returned, in accordance with the request of the House
Senate Bill No. 700, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 16174 and 16221 (MCL 333.16174 and 333.16221), section 16174 as amended by 1993 PA 80 and section 16221 as amended by 1996 PA 594.
The Speaker announced that the bill was laid over one day.
House Bill No. 5857, entitled
A bill to amend 1992 PA 234, entitled "The judges retirement act of 1992," by amending sections 104, 110a, 401a, 504, 508, 701, 702, 705, 706, and 711 (MCL 38.2104, 38.2110a, 38.2401a, 38.2504, 38.2508, 38.2651, 38.2652, 38.2655, 38.2656, and 38.2661), section 104 as amended by 1995 PA 193, sections 110a, 401a, 705, 706, and 711 as added by 1996 PA 523, and sections 701 and 702 as amended by 1998 PA 66, and by adding sections 512, 701a, 707a, and 718a.
The Senate has appointed Senators Steil, Van Regenmorter and Conroy as conferees to join with Reps. Ciaramitaro, DeHart and Rhead.
The bill was referred to Conference Committee on May 27, 1998.
Announcement by the Clerk of Printing and Enrollment
The Clerk announced that the following bill had been printed and placed upon the files of the members, Thursday, May 21:
Senate Bill No. 1159
The Clerk announced the enrollment printing and presentation to the Governor on Friday, May 22, for his approval of the following bills:
Enrolled Senate Bill No. 801 at 9:37 a.m.
Enrolled Senate Bill No. 804 at 9:39 a.m.
Enrolled Senate Bill No. 864 at 9:41 a.m.
The Clerk announced that the following bills had been printed and placed upon the files of the members, Friday, May 22:
Senate Bill Nos. 1133 1134 1135 1137 1138 1139 1140 1141 1142 1144 1145 1146 1147 1150
The Clerk announced that the following bill had been printed and placed upon the files of the members, Tuesday, May 26:
Senate Bill No. 1158
The Clerk announced that the following Senate bills and joint resolution had been received on Wednesday, May 27:
Senate Bill Nos. 1109 1110 1111 1132
Senate Joint Resolution R
Introduction of Bills
Reps. Gubow and Raczkowski introduced
House Bill No. 5888, entitled
A bill to amend 1945 PA 327, entitled "Aeronautics code of the state of Michigan," by amending sections 20c and 24a (MCL 259.20c and 259.24a), as added by 1996 PA 370, and by adding chapter IA and section 20d.
The bill was read a first time by its title and referred to the Committee on Transportation.
Reps. Raczkowski and Gubow introduced
House Bill No. 5889, entitled
A bill to amend 1945 PA 327, entitled "Aeronautics code of the state of Michigan," by amending sections 86a and 89 (MCL 259.86a and 259.89), section 86a as added and section 89 as amended by 1996 PA 370.
The bill was read a first time by its title and referred to the Committee on Transportation.
Reps. Jansen, Schermesser, Cherry, Schauer, Bogardus, Murphy, Curtis, LeTarte, McNutt, Godchaux, Sanborn, Green, Byl, McBryde, Jelinek, Sikkema, Gernaat, Cropsey, Bobier, Birkholz, DeVuyst, Middaugh, Voorhees and Perricone introduced
House Bill No. 5890, entitled
A bill to amend 1966 PA 225, entitled "Carnival-amusement safety act of 1966," by amending section 2 (MCL 408.652), as amended by 1982 PA 35.
The bill was read a first time by its title and referred to the Committee on Regulatory Affairs.
Reps. Cherry, Schermesser, Schauer, Bogardus, Murphy, Curtis, LeTarte, McNutt, Godchaux, Sanborn, Green, Byl, McBryde, Jelinek, Sikkema, Gernaat, Cropsey, Bobier, DeVuyst, Middaugh, Birkholz, Voorhees and Perricone introduced
House Bill No. 5891, entitled
A bill to amend 1965 PA 290, entitled "Boiler act of 1965," (MCL 408.751 to 408.776) by adding section 7c.
The bill was read a first time by its title and referred to the Committee on Regulatory Affairs.
______
Rep. Palamara moved that the House adjourn.
The motion prevailed, the time being 5:40 p.m.
The Associate Speaker Pro Tempore declared the House adjourned until Thursday, May 28, at 10:00 a.m.
MARY KAY SCULLION
Clerk of the House of Representatives.