No. 53
STATE OF MICHIGAN
JOURNAL
OF THE
House of Representatives
89th Legislature
REGULAR SESSION OF 1998
House Chamber, Lansing, Tuesday, June 2, 1998.
10:00 a.m.
The House was called to order by Acting Speaker Hanley.
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--absent
Baird--present
Bankes--present
Basham--present
Birkholz--present
Bobier--present
Bodem--present
Bogardus--present
Brackenridge--present
Brater--present
Brewer--present
Brown--present
Byl--present
Callahan--present
Cassis--present
Cherry--present
Ciaramitaro--present
Crissman--present
Cropsey--present
Curtis--present
Dalman--present
DeHart--present
DeVuyst--present
Dobb--e/d/s
Dobronski--present
Emerson--present
Fitzgerald--present
Frank--present
Freeman--present
Gagliardi--e/d/s
Galloway--present
Geiger--present
Gernaat--present
Gilmer--present
Gire--present
Godchaux--present
Goschka--present
Green--present
Griffin--present
Gubow--e/d/s
Gustafson--present
Hale--present
Hammerstrom--present
Hanley--present
Harder--present
Hertel--present
Hood--present
Horton--present
Jansen--present
Jelinek--present
Jellema--present
Johnson--present
Kaza--e/d/s
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--e/d/s
Nye--present
Olshove--present
Owen--present
Oxender--present
Palamara--present
Parks--e/d/s
Perricone--present
Price--present
Profit--present
Prusi--present
Quarles--excused
Raczkowski--present
Rhead--present
Richner--present
Rison--present
Rocca--present
Sanborn--present
Schauer--present
Schermesser--present
Schroer--present
Scott--present
Scranton--present
Sikkema--present
Stallworth--present
Tesanovich--present
Thomas--present
Varga--present
Vaughn--present
Voorhees--present
Walberg--absent
Wallace--present
Wetters--e/d/s
Whyman--present
Willard--e/d/s
Wojno--present
e/d/s = entered during session
Rep. Kim Rhead, from the 83rd District, offered the following invocation:
"Thank You Lord for this beautiful day and for the unique opportunity for each of us to serve our neighbors as members of this legislature. Keep us ever mindful that we serve as a result of the faith and trust placed in us by those same neighbors. Let us never misuse or abuse the trust that has been placed upon our shoulders. Let us always remember that although we serve thousands of constituents, we really only serve one Master and that everything we achieve in this chamber is nothing if it displeases You. Grant us wisdom and vision as we conduct the business of this great state and guide our decisions both during session today and during our lives, for it is in Your name we pray. Amen."
______
Rep. Dobronski moved that Rep. Quarles be excused from today's session.
The motion prevailed.
Notices
June 2, 1998
In accordance with House Rule 10, I hereby designate Representative Michael Hanley, 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
Messages from the Senate
The Speaker laid before the House
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 bill was received from the Senate on May 27, with substitute (S-1), consideration of which, under the rules, was postponed until May 28, see House Journal No. 51, p. 1195.)
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. 497 Yeas--44
Birkholz Galloway Jellema Oxender
Bobier Geiger Johnson Perricone
Bodem Gernaat Kukuk Raczkowski
Brackenridge Gilmer LeTarte Rhead
Byl Godchaux Llewellyn Richner
Cassis Green London Rocca
Crissman Gustafson Lowe Sanborn
Cropsey Hammerstrom McBryde Scranton
Dalman Horton McNutt Sikkema
DeVuyst Jansen Middaugh Voorhees
Fitzgerald Jelinek Middleton Whyman
Nays--51
Agee DeHart Kilpatrick Prusi
Alley Dobronski LaForge Schauer
Anthony Frank Law Schermesser
Baird Freeman Leland Schroer
Bankes Gire Mans Scott
Basham Goschka Martinez Stallworth
Bogardus Griffin Mathieu Tesanovich
Brewer Hale Nye Thomas
Brown Hanley Olshove Varga
Callahan Harder Owen Vaughn
Cherry Hertel Palamara Wallace
Ciaramitaro Hood Price Wojno
Curtis Kelly Profit
In The Chair: Hanley
The Speaker appointed as conferees, on the part of the House of Representatives, Reps. Price, Emerson and Jansen.
______
Rep. Gubow entered the House Chambers.
The Speaker laid before the House
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 bill was received from the Senate on May 27, with substitute (S-1) and immediate effect given by the Senate, consideration of which, under the rules, was postponed until May 28, see House Journal No. 51, p. 1195.)
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. 498 Yeas--47
Bankes Galloway Jellema Nye
Birkholz Geiger Johnson Oxender
Bobier Gernaat Kukuk Perricone
Bodem Gilmer Law Raczkowski
Brackenridge Godchaux LeTarte Rhead
Byl Goschka Llewellyn Richner
Cassis Green London Rocca
Crissman Gustafson Lowe Sanborn
Cropsey Hammerstrom McBryde Scranton
Dalman Horton McNutt Sikkema
DeVuyst Jansen Middaugh Voorhees
Fitzgerald Jelinek Middleton
Nays--48
Agee DeHart Kilpatrick Schauer
Anthony Dobronski LaForge Schermesser
Baird Frank Leland Schroer
Basham Freeman Mans Scott
Bogardus Gire Martinez Stallworth
Brater Griffin Mathieu Tesanovich
Brewer Gubow Olshove Thomas
Brown Hale Owen Varga
Callahan Hanley Palamara Vaughn
Cherry Harder Price Wallace
Ciaramitaro Hood Profit Whyman
Curtis Kelly Prusi Wojno
In The Chair: Hanley
The Speaker appointed as conferees, on the part of the House of Representatives, Reps. Mathieu, Hood and Gilmer.
______
Rep. Willard entered the House Chambers.
The Speaker laid before the House
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 bill was received from the Senate on May 27, with substitute (S-1) and immediate effect given by the Senate, consideration of which, under the rules, was postponed until May 28, see House Journal No. 51, p. 1195.)
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. 499 Yeas--9
Bobier Green Jansen London
DeVuyst Gustafson LeTarte Sikkema
Fitzgerald
Nays--88
Agee DeHart Kilpatrick Profit
Alley Dobronski Kukuk Prusi
Anthony Frank LaForge Raczkowski
Baird Galloway Law Rhead
Bankes Geiger Leland Richner
Basham Gernaat Llewellyn Rocca
Birkholz Gilmer Lowe Sanborn
Bodem Gire Mans Schauer
Bogardus Godchaux Martinez Schermesser
Brackenridge Goschka Mathieu Schroer
Brater Griffin McBryde Scott
Brewer Gubow McManus Scranton
Brown Hale McNutt Stallworth
Byl Hammerstrom Middaugh Tesanovich
Callahan Hanley Middleton Thomas
Cassis Harder Nye Varga
Cherry Hertel Olshove Vaughn
Ciaramitaro Hood Owen Voorhees
Crissman Horton Oxender Wallace
Cropsey Jelinek Palamara Whyman
Curtis Jellema Perricone Willard
Dalman Kelly Price Wojno
In The Chair: Hanley
______
Rep. Cropsey, having reserved the right to explain his nay vote, made the following statement:
"Mr. Speaker and members of the House:
I voted 'No' on the Senate version of H.B. 5595 because the Senate put an additional $15,000,000 into advertising for the state lottery. It is repugnant for the state of Michigan to encourage gambling instead of work, savings, and thrift."
The Speaker appointed as conferees, on the part of the House of Representatives, Reps. Owen, Martinez and Bobier.
______
The Associate Speaker Pro Tempore assumed the Chair.
Rep. Thomas moved that Reps. Hertel, Hanley and Frank be excused temporarily from today's session.
The motion prevailed.
The Speaker laid before the House
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 bill was received from the Senate on May 27, with substitute (S-1), title amendment and immediate effect given by the Senate, consideration of which, under the rules, was postponed until May 28, see House Journal No. 51, p. 1196.)
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. 500 Yeas--5
DeVuyst McBryde McNutt Sikkema
London
Nays--93
Agee Dobronski Jellema Price
Alley Emerson Johnson Profit
Anthony Fitzgerald Kelly Prusi
Baird Frank Kilpatrick Raczkowski
Bankes Freeman Kukuk Rhead
Basham Galloway LaForge Richner
Birkholz Geiger Law Rocca
Bobier Gernaat Leland Sanborn
Bodem Gilmer LeTarte Schauer
Bogardus Gire Llewellyn Schermesser
Brackenridge Godchaux Lowe Schroer
Brater Goschka Mans Scott
Brewer Green Martinez Scranton
Brown Griffin Mathieu Stallworth
Byl Gubow McManus Tesanovich
Callahan Gustafson Middaugh Thomas
Cassis Hale Middleton Varga
Cherry Hammerstrom Nye Vaughn
Ciaramitaro Harder Olshove Voorhees
Crissman Hood Owen Wallace
Cropsey Horton Oxender Whyman
Curtis Jansen Palamara Willard
Dalman Jelinek Perricone Wojno
DeHart
In The Chair: Gire
The Speaker appointed as conferees, on the part of the House of Representatives, Reps. Ciaramitaro, Parks and Godchaux.
______
Rep. Murphy entered the House Chambers.
The Speaker laid before the House
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 bill was received from the Senate on May 27, with substitute (S-1) and immediate effect given by the Senate, consideration of which, under the rules, was postponed until May 28, see House Journal No. 51, p. 1196.)
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. 501 Yeas--0
Nays--96
Alley Dobronski Kelly Perricone
Anthony Emerson Kilpatrick Price
Baird Fitzgerald Kukuk Profit
Bankes Freeman LaForge Prusi
Basham Galloway Law Raczkowski
Birkholz Geiger Leland Rhead
Bobier Gernaat LeTarte Richner
Bodem Gilmer Llewellyn Rocca
Bogardus Gire London Sanborn
Brackenridge Godchaux Lowe Schauer
Brater Goschka Mans Schermesser
Brewer Green Martinez Schroer
Brown Griffin Mathieu Scott
Byl Gubow McBryde Scranton
Callahan Gustafson McManus Sikkema
Cassis Hale McNutt Tesanovich
Cherry Hammerstrom Middaugh Thomas
Ciaramitaro Harder Middleton Varga
Crissman Hood Murphy Vaughn
Cropsey Horton Nye Voorhees
Curtis Jansen Olshove Wallace
Dalman Jelinek Owen Whyman
DeHart Jellema Oxender Willard
DeVuyst Johnson Palamara Wojno
In The Chair: Gire
The Speaker appointed as conferees, on the part of the House of Representatives, Reps. Schroer, Prusi and McBryde.
______
Rep. Wetters entered the House Chambers.
The Speaker laid before the House
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 bill was received from the Senate on May 27, with substitute (S-1) and immediate effect given by the Senate, consideration of which, under the rules, was postponed until May 28, see House Journal No. 51, p. 1194.)
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. 502 Yeas--0
Nays--95
Agee Dobronski Kelly Price
Alley Emerson Kilpatrick Profit
Anthony Fitzgerald Kukuk Prusi
Baird Freeman LaForge Raczkowski
Bankes Galloway Law Rhead
Basham Geiger Leland Richner
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 Sikkema
Brown Gubow McBryde Stallworth
Byl Gustafson McManus Tesanovich
Callahan Hale McNutt Thomas
Cassis Hammerstrom Middaugh Varga
Ciaramitaro Harder Middleton Vaughn
Crissman Hood Murphy Voorhees
Cropsey Horton Nye Wallace
Curtis Jansen Owen Whyman
Dalman Jelinek Oxender Willard
DeHart Jellema Palamara Wojno
DeVuyst Johnson Perricone
In The Chair: Gire
The Speaker appointed as conferees, on the part of the House of Representatives, Reps. Tesanovich, Frank and Jansen.
The Speaker laid before the House
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 bill was received from the Senate on May 27, with substitute (S-1) and immediate effect given by the Senate, consideration of which, under the rules, was postponed until May 28, see House Journal No. 51, p. 1195.)
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. 503 Yeas--0
Nays--94
Agee Dobronski LaForge Prusi
Alley Emerson Law Raczkowski
Anthony Fitzgerald Leland Rhead
Baird Freeman LeTarte Richner
Bankes Galloway Llewellyn Rocca
Basham Geiger London Sanborn
Birkholz Gernaat Lowe Schauer
Bobier Gire Mans Schermesser
Bogardus Goschka Martinez Schroer
Brackenridge Green Mathieu Scott
Brater Griffin McBryde Scranton
Brewer Gubow McManus Sikkema
Brown Gustafson McNutt Stallworth
Byl Hale Middaugh Tesanovich
Callahan Hammerstrom Middleton Thomas
Cassis Harder Murphy Varga
Cherry Hood Nye Vaughn
Ciaramitaro Horton Olshove Voorhees
Crissman Jansen Owen Wallace
Cropsey Jelinek Oxender Wetters
Curtis Jellema Perricone Whyman
Dalman Kelly Price Willard
DeHart Kilpatrick Profit Wojno
DeVuyst Kukuk
In The Chair: Gire
The Speaker appointed as conferees, on the part of the House of Representatives, Reps. Tesanovich, Hale and Bobier.
______
Rep. Dobb entered the House Chambers.
The Speaker laid before the House
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 bill was received from the Senate on May 27, with substitute (S-1) and immediate effect given by the Senate, consideration of which, under the rules, was postponed until May 28, see House Journal No. 51, p. 1195.)
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. 504 Yeas--0
Nays--100
Agee Dobb Kilpatrick Profit
Alley Dobronski Kukuk Prusi
Anthony Emerson LaForge Raczkowski
Baird Fitzgerald Law Rhead
Bankes Freeman Leland Richner
Basham Galloway LeTarte Rison
Birkholz Geiger Llewellyn Rocca
Bobier Gernaat London Sanborn
Bodem Gilmer Lowe Schauer
Bogardus Gire Mans Schermesser
Brackenridge Goschka Martinez Schroer
Brater Green Mathieu Scott
Brewer Griffin McBryde Scranton
Brown Gubow McManus Sikkema
Byl Gustafson McNutt Stallworth
Callahan Hale Middaugh Tesanovich
Cassis Hammerstrom Middleton Thomas
Cherry Harder Murphy Varga
Ciaramitaro Hood Nye Vaughn
Crissman Horton Olshove Voorhees
Cropsey Jansen Owen Wallace
Curtis Jelinek Oxender Wetters
Dalman Jellema Palamara Whyman
DeHart Johnson Perricone Willard
DeVuyst Kelly Price Wojno
In The Chair: Gire
The Speaker appointed as conferees, on the part of the House of Representatives, Reps. Tesanovich, Hale and Bobier.
______
Rep. Parks entered the House Chambers.
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 bill was returned from the Senate on May 27 per House request, consideration of which was postponed until May 28, see House Journal No. 51, p. 1196.)
Rep. Thomas moved that Rule 67 be suspended.
The motion prevailed, 3/5 of the members serving voting therefor.
Rep. Thomas moved to reconsider the vote by which the House passed the bill.
The motion prevailed, a majority of the members present voting therefor.
Third Reading of Bills
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 question being on the passage of the bill,
Rep. Palamara moved to substitute (H-1) the bill.
The motion was seconded and the substitute (H-1) 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. 505 Yeas--104
Agee Dobronski Kelly Price
Alley Emerson Kilpatrick Profit
Anthony Fitzgerald Kukuk Prusi
Baird Frank LaForge Raczkowski
Bankes Freeman Law Rhead
Basham Galloway Leland Richner
Birkholz Geiger LeTarte Rison
Bobier Gernaat Llewellyn Rocca
Bodem Gilmer London Sanborn
Bogardus Gire Lowe Schauer
Brackenridge Godchaux Mans Schermesser
Brater Goschka Martinez Schroer
Brewer Green Mathieu Scott
Brown Griffin McBryde Scranton
Byl Gubow McManus Sikkema
Callahan Gustafson McNutt Stallworth
Cassis Hale Middaugh Tesanovich
Cherry Hammerstrom Middleton Thomas
Ciaramitaro Hanley Murphy Varga
Crissman Harder Nye Vaughn
Cropsey Hertel Olshove Voorhees
Curtis Hood Owen Wallace
Dalman Horton Oxender Wetters
DeHart Jansen Palamara Whyman
DeVuyst Jelinek Parks Willard
Dobb Jellema 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 and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates,".
The House agreed to the full title.
Rep. Thomas moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
______
Rep. Dobronski moved that Rep. Wallace be excused temporarily from today's session.
The motion prevailed.
By unanimous consent the House returned to the order of
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 conference report was received from the Senate on May 27, consideration of which, under the rules, was postponed until today.)
(For conference report, see House Journal No. 51, p. 1190.)
The question being on the adoption of the conference report,
The conference report was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 506 Yeas--0
Nays--101
Agee Dobronski Kilpatrick Price
Alley Fitzgerald Kukuk Profit
Anthony Frank LaForge Prusi
Baird Freeman Law Raczkowski
Bankes Galloway Leland Rhead
Basham Geiger LeTarte Richner
Birkholz Gernaat Llewellyn Rison
Bobier Gilmer London Rocca
Bodem Gire Lowe Sanborn
Bogardus Godchaux Mans Schauer
Brackenridge Goschka Martinez Schermesser
Brater Green Mathieu Schroer
Brewer Griffin McBryde Scott
Brown Gubow McManus Scranton
Byl Gustafson McNutt Sikkema
Callahan Hale Middaugh Stallworth
Cassis Hammerstrom Middleton Tesanovich
Cherry Hanley Murphy Thomas
Ciaramitaro Harder Nye Varga
Crissman Hood Olshove Vaughn
Cropsey Horton Owen Voorhees
Curtis Jansen Oxender Wetters
Dalman Jelinek Palamara Whyman
DeHart Jellema Parks Willard
DeVuyst Kelly Perricone Wojno
Dobb
In The Chair: Gire
The Speaker appointed as second conferees, on the part of the House of Representatives, Reps. Gubow, Basham and Llewellyn.
______
Rep. LaForge asked and obtained a temporary excuse from today's session.
Third Reading of Bills
House Bill No. 5312, entitled
A bill to protect certain trade secrets; to prohibit disclosure of trade secrets; to provide for remedies; 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. 507 Yeas--99
Agee Dobb Johnson Price
Alley Dobronski Kilpatrick Profit
Anthony Fitzgerald Kukuk Prusi
Baird Frank Law Raczkowski
Bankes Freeman Leland Rhead
Basham Galloway LeTarte Richner
Birkholz Geiger Llewellyn Rison
Bobier Gernaat London Rocca
Bodem Gilmer Lowe Sanborn
Bogardus Gire Mans Schauer
Brackenridge Godchaux Martinez Schermesser
Brater Goschka Mathieu Schroer
Brewer Green McBryde Scott
Brown Griffin McManus Scranton
Byl Gubow McNutt Sikkema
Callahan Gustafson Middaugh Stallworth
Cassis Hale Middleton Tesanovich
Cherry Hammerstrom Murphy Thomas
Ciaramitaro Hanley Nye Vaughn
Crissman Harder Olshove Voorhees
Cropsey Hood Owen Wetters
Curtis Horton Oxender Whyman
Dalman Jansen Palamara Willard
DeHart Jelinek Parks Wojno
DeVuyst Jellema Perricone
Nays--0
In The Chair: Gire
The House agreed to the title of the bill.
Rep. Thomas moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
House Bill No. 4471, entitled
A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending section 3109a (MCL 500.3109a).
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 508 Yeas--96
Agee Dobb Kelly Perricone
Alley Dobronski Kilpatrick Price
Anthony Fitzgerald Kukuk Prusi
Baird Frank Law Raczkowski
Bankes Freeman Leland Richner
Basham Galloway LeTarte Rison
Birkholz Geiger Llewellyn Rocca
Bobier Gernaat London Sanborn
Bodem Gilmer Lowe Schauer
Bogardus Gire Mans Schermesser
Brackenridge Goschka Martinez Schroer
Brater Green Mathieu Scott
Brewer Gubow McBryde Sikkema
Brown Gustafson McManus Stallworth
Byl Hale McNutt Tesanovich
Callahan Hammerstrom Middaugh Thomas
Cassis Hanley Middleton Varga
Cherry Harder Murphy Vaughn
Ciaramitaro Hood Nye Voorhees
Crissman Horton Olshove Wallace
Cropsey Jansen Owen Wetters
Curtis Jelinek Oxender Whyman
DeHart Jellema Palamara Willard
DeVuyst Johnson Parks Wojno
Nays--0
In The Chair: Gire
The House agreed to the title of the bill.
Rep. Thomas moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
House Bill No. 5069, entitled
A bill to authorize the state administrative board to convey certain state owned property in Ingham county; to prescribe conditions for the conveyance; and to provide for disposition of the revenue derived from the conveyance.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 509 Yeas--97
Agee Dobronski Kilpatrick Price
Alley Fitzgerald Kukuk Prusi
Anthony Frank Law Raczkowski
Baird Freeman Leland Richner
Bankes Galloway LeTarte Rison
Basham Geiger Llewellyn Rocca
Birkholz Gernaat London Sanborn
Bobier Gilmer Lowe Schauer
Bodem Gire Mans Schermesser
Bogardus Goschka Martinez Schroer
Brater Green Mathieu Scott
Brewer Gubow McBryde Scranton
Brown Gustafson McManus Sikkema
Byl Hale McNutt Stallworth
Callahan Hammerstrom Middaugh Tesanovich
Cassis Hanley Middleton Thomas
Cherry Harder Murphy Varga
Ciaramitaro Hood Nye Vaughn
Crissman Horton Olshove Voorhees
Cropsey Jansen Owen Wallace
Curtis Jelinek Oxender Wetters
Dalman Jellema Palamara Whyman
DeHart Johnson Parks Willard
DeVuyst Kelly Perricone Wojno
Dobb
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 authorize the state administrative board to convey certain state owned property in Ingham county; to prescribe conditions for the conveyance; to provide for certain powers and duties of the department of management and budget and certain municipalities in regard to that property; and to provide for disposition of the revenue derived from the conveyance.
The motion prevailed.
The House agreed to the title as amended.
Rep. Thomas moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
______
Rep. Brater moved that Rep. Varga be excused temporarily from today's session.
The motion prevailed.
House Bill No. 5078, entitled
A bill to amend 1954 PA 116, entitled "Michigan election law," by amending sections 200 and 643 (MCL 168.200 and 168.643).
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 510 Yeas--98
Agee Fitzgerald Kilpatrick Price
Alley Frank Kukuk Profit
Anthony Freeman Law Prusi
Baird Galloway Leland Raczkowski
Bankes Geiger LeTarte Richner
Basham Gernaat Llewellyn Rison
Birkholz Gilmer London Rocca
Bobier Gire Lowe Sanborn
Bodem Godchaux Mans Schauer
Bogardus Goschka Martinez Schermesser
Brackenridge Green Mathieu Schroer
Brater Griffin McBryde Scott
Brewer Gubow McManus Scranton
Brown Gustafson McNutt Sikkema
Callahan Hale Middaugh Stallworth
Cassis Hammerstrom Middleton Tesanovich
Cherry Hanley Murphy Thomas
Ciaramitaro Harder Nye Vaughn
Crissman Hood Olshove Voorhees
Curtis Horton Owen Wallace
Dalman Jansen Oxender Wetters
DeHart Jelinek Palamara Whyman
DeVuyst Jellema Parks Willard
Dobb Johnson Perricone Wojno
Dobronski Kelly
Nays--0
In The Chair: Gire
The House agreed to the title of the bill.
Rep. Thomas moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
House Bill No. 5851, entitled
A bill to designate highway M-6 in Kent and Ottawa counties as the Paul B. Henry freeway; and to prescribe the duties of the state transportation department.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 511 Yeas--98
Agee Dobronski Kelly Perricone
Alley Fitzgerald Kilpatrick Price
Anthony Frank Kukuk Profit
Baird Freeman Law Prusi
Bankes Galloway Leland Raczkowski
Basham Geiger LeTarte Richner
Birkholz Gernaat Llewellyn Rison
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 Tesanovich
Cassis Hammerstrom Middleton Thomas
Cherry Hanley Murphy Vaughn
Ciaramitaro Harder Nye Voorhees
Cropsey Hood Olshove Wallace
Curtis Horton Owen Wetters
Dalman Jansen Oxender Whyman
DeHart Jelinek Palamara Willard
DeVuyst Jellema Parks Wojno
Dobb Johnson
Nays--0
In The Chair: Gire
The House agreed to the title of the bill.
Rep. Thomas moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Senate Bill No. 273, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 82113 (MCL 324.82113), as amended by 1997 PA 102.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 512 Yeas--95
Agee Dobb Kelly Perricone
Alley Dobronski Kilpatrick Profit
Anthony Fitzgerald Kukuk Prusi
Baird Frank Law Raczkowski
Bankes Freeman Leland Richner
Basham Galloway LeTarte Rison
Birkholz Geiger Llewellyn Rocca
Bobier Gernaat London Sanborn
Bodem Gilmer Lowe Schauer
Bogardus Gire Mans Schroer
Brackenridge Godchaux Martinez Scott
Brater Goschka Mathieu Scranton
Brewer Green McBryde Sikkema
Brown Griffin McManus Stallworth
Callahan Gustafson McNutt Tesanovich
Cassis Hale Middaugh Thomas
Cherry Hammerstrom Middleton Vaughn
Ciaramitaro Hanley Murphy Voorhees
Crissman Harder Nye Wallace
Cropsey Hood Olshove Wetters
Curtis Horton Owen Whyman
Dalman Jansen Oxender Willard
DeHart Jellema Palamara Wojno
DeVuyst Johnson Parks
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 82105, 82106, and 82113 (MCL 324.82105, 324.82106, and 324.82113), sections 82105 and 82106 as added by 1995 PA 58 and section 82113 as amended by 1997 PA 102.
The motion prevailed.
The House agreed to the title as amended.
Rep. Thomas moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
______
Rep. Kaza entered the House Chambers.
House Bill No. 5843, entitled
A bill to amend 1919 PA 339, entitled "Dog law of 1919," by amending sections 6, 8, 9, 14, 15, and 17 (MCL 287.266, 287.268, 287.269, 287.274, 287.275, and 287.277).
The bill was read a third time.
The question being on the passage of the bill,
Rep. McNutt moved to amend the bill as follows:
1. Amend page 3, following line 26, by inserting:
"(6) THE OWNER OF A DOG THAT IS REQUIRED TO BE LICENSED UNDER THIS SECTION SHALL KEEP THE DOG CURRENTLY VACCINATED AGAINST RABIES BY AN ACCREDITED VETERINARIAN WITH A VACCINE LICENSED BY THE UNITED STATES DEPARTMENT OF AGRICULTURE.".
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. 513 Yeas--99
Agee Dobronski Kelly Profit
Alley Fitzgerald Kilpatrick Prusi
Anthony Frank Kukuk Raczkowski
Baird Freeman Law Rhead
Bankes Galloway Leland Richner
Basham Geiger LeTarte Rison
Birkholz Gernaat London Rocca
Bobier Gilmer 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 Hale Middaugh Stallworth
Callahan Hammerstrom Middleton Tesanovich
Cassis Hanley Murphy Thomas
Cherry Harder Nye Vaughn
Crissman Hood Olshove Voorhees
Cropsey Horton 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. Thomas 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. 5538, entitled
A bill to require state agencies that establish internet web sites to make available on those web sites complaint and comment forms and certain other information; and to impose certain duties on certain agencies relating to those agencies' web sites.
The bill was read a second time.
Rep. Brewer moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed, a majority of the members voting therefor.
House Bill No. 5693, entitled
A bill to regulate the storage, processing, and release of certain information by persons entrusted with data from the state or from a local unit of government.
Was read a second time, and the question being on the adoption of the proposed amendment previously recommended by the Committee on Advanced Technology and Computer Development (for amendment, see House Journal No. 35, p. 724),
The amendment was adopted, a majority of the members serving voting therefor.
Rep. Brewer moved to amend the bill as follows:
1. Amend page 1, line 9, after "entity" by inserting a comma and "but does not include an official described in section 4".
2. Amend page 3, following line 2, by inserting:
"Sec. 4. This act does not apply to an official of this state or of a local unit of government who is entrusted with government data in the performance of his or her official duties.".
The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.
Rep. Brewer moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed, a majority of the members voting therefor.
Senate Bill No. 780, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending sections 1a and 3 of chapter IX (MCL 769.1a and 769.3), section 1a as amended by 1996 PA 560 and section 3 as amended by 1982 PA 470.
The bill was read a second time.
Rep. Thomas moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed, a majority of the members voting therefor.
Senate Bill No. 781, entitled
A bill to amend 1985 PA 87, entitled "Crime victim's rights act," by amending sections 16 and 76 (MCL 780.766 and 780.826), as amended by 1996 PA 562.
The bill was read a second time.
Rep. Thomas moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed, a majority of the members voting therefor.
House Bill No. 5754, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 802 (MCL 257.802), as amended by 1997 PA 80.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Agriculture,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Nye moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed, a majority of the members voting therefor.
House Bill No. 5201, entitled
A bill to amend 1976 PA 451, entitled "The revised school code," (MCL 380.1 to 380.1852) by adding section 14.
Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Local Government,
The substitute (H-2) was adopted, a majority of the members serving voting therefor.
Rep. Crissman moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed, a majority of the members voting therefor.
House Bill No. 4789, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 16131 and 16263 (MCL 333.16131 and 333.16263), as amended by 1995 PA 126, and by adding section 16336 and part 179.
Was read a second time, and the question being on the adoption of the proposed substitute (H-3) previously recommended by the Committee on Health Policy,
The substitute (H-3) was adopted, a majority of the members serving voting therefor.
Rep. Scranton moved to amend the bill as follows:
1. Amend page 6, line 7, after "FOLLOWING" by striking out "7" and inserting "9".
2. Amend page 6, line 9, after "(A)" by striking out "FOUR" and inserting "FIVE".
3. Amend page 6, line 10, after "(B)" by striking out "THREE" and inserting "TWO".
4. Amend page 6, following line 10, by inserting:
"(C) ONE LICENSED PHYSICIAN.
(D) ONE LICENSED PHYSICAL THERAPIST.".
The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.
Rep. Hammerstrom moved to amend the bill as follows:
1. Amend page 5, line 9, after "STAMINA" by striking out the balance of the subdivision and inserting a period.
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Hammerstrom moved to amend the bill as follows:
1. Amend page 5, line 6, after the first "INJURY" by striking out "OR ILLNESS".
2. Amend page 5, line 6, after the second "INJURY" by striking out "OR ILLNESS".
3. Amend page 5, line 16, after "INJURY" by striking out "OR ILLNESS".
4. Amend page 5, line 18, after "INJURY" by striking out "OR ILLNESS".
5. Amend page 5, line 19, after "INJURY" by striking out "OR ILLNESS".
6. Amend page 5, line 21, by striking out "OR ILLNESS".
The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.
Rep. Crissman moved to amend the bill as follows:
1. Amend page 5, line 6, after "(A)" by striking out ""INJURY" " and inserting ""ATHLETIC INJURY"".
2. Amend page 5, line 8, after "IN" by inserting "COMPETITIVE PHYSICAL".
3. Amend page 5, line 9, after "STAMINA" by striking out the balance of the subdivision and inserting a period.
4. Amend page 5, following line 10, by inserting:
"(B) "ILLNESS" MEANS AN ILLNESS ASSOCIATED WITH EXERTIONAL ACTIVITY." and relettering the remaining subdivision.
5. Amend page 5, line 16, after "PREVENTS" by inserting "ATHLETIC".
6. Amend page 5, line 18, after "FOR" by inserting "ATHLETIC".
7. Amend page 5, line 19, after "RECONDITIONS" by inserting "ATHLETIC".
8. Amend page 5, line 20, after "TO" by inserting "ATHLETIC".
Rep. Crissman moved that amendment Nos. 3 and 4 and 1, 2, 5, 6, 7 and 8 be considered separately.
The motion prevailed.
The question being on the adoption of amendment Nos. 1, 2, 5, 6, 7 and 8 offered by Rep. Crissman,
Rep. Crissman demanded the yeas and nays.
The demand was supported.
The question being on the adoption of amendment Nos. 1, 2, 5, 6, 7 and 8 offered by Rep. Crissman,
The amendments were adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 514 Yeas--58
Baird Dobronski Horton Middleton
Bankes Fitzgerald Jansen Nye
Birkholz Frank Jelinek Olshove
Bobier Freeman Jellema Oxender
Bodem Galloway Johnson Perricone
Brackenridge Geiger Kaza Raczkowski
Brewer Gernaat Kukuk Rhead
Brown Gilmer Llewellyn Richner
Byl Godchaux London Rocca
Cassis Goschka Lowe Scranton
Crissman Green McBryde Sikkema
Curtis Gubow McManus Voorhees
Dalman Gustafson McNutt Whyman
DeVuyst Hammerstrom Middaugh Willard
Dobb Harder
Nays--35
Agee Hood Palamara Scott
Alley Kelly Parks Stallworth
Anthony Kilpatrick Price Tesanovich
Basham Law Profit Thomas
Bogardus Leland Prusi Varga
Callahan Mans Rison Vaughn
Cherry Mathieu Schauer Wallace
Ciaramitaro Murphy Schermesser Wojno
Hale Owen Schroer
In The Chair: Gire
The question being on the adoption of amendment Nos. 3 and 4 offered previously by Rep. Crissman,
Rep. Crissman withdrew the amendments.
Rep. Palamara moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed, a majority of the members voting therefor.
House Bill No. 5736, entitled
A bill to amend 1980 PA 350, entitled "The nonprofit health care corporation reform act," by amending sections 502 and 502a (MCL 550.1502 and 550.1502a), section 502 as amended by 1997 PA 184 and section 502a as amended by 1994 PA 440.
Was read a second time, and the question being on the adoption of the proposed amendment previously recommended by the Committee on Health Policy (for amendment, see House Journal No. 42, p. 925),
The amendment was adopted, a majority of the members serving voting therefor.
Rep. Palamara moved to substitute (H-2) the bill.
The motion prevailed and the substitute (H-2) was adopted, a majority of the members serving voting therefor.
Reps. Law and Palamara moved to amend the bill as follows:
1. Amend page 4, line 20, by striking out all of subsection (10) and inserting:
"(10) NOTWITHSTANDING ANY OTHER PROVISION OF THIS ACT, A HEALTH CARE CORPORATION IS NOT REQUIRED TO REIMBURSE FOR SERVICES OTHERWISE COVERED UNDER A CERTIFICATE IF THE SERVICES WERE PERFORMED BY A MEMBER OF A HEALTH CARE PROFESSION, WHICH HEALTH CARE PROFESSION WAS NOT LICENSED OR REGISTERED BY THIS STATE ON OR BEFORE JANUARY 1, 1998 BUT THAT BECOMES A HEALTH CARE PROFESSION LICENSED OR REGISTERED BY THIS STATE AFTER JANUARY 1, 1998. THIS SUBSECTION DOES NOT CHANGE THE STATUS OF A HEALTH CARE PROFESSION THAT WAS LICENSED OR REGISTERED BY THIS STATE ON OR BEFORE JANUARY 1, 1998.".
2. Amend page 9, line 6, by striking out all of subsection (14) and inserting:
"(14) NOTWITHSTANDING ANY OTHER PROVISION OF THIS ACT, A HEALTH CARE CORPORATION OFFERING COVERAGE UNDER A PRUDENT PURCHASER AGREEMENT IS NOT REQUIRED TO REIMBURSE FOR SERVICES OTHERWISE COVERED IF THE SERVICES WERE PERFORMED BY A MEMBER OF A HEALTH CARE PROFESSION, WHICH HEALTH CARE PROFESSION WAS NOT LICENSED OR REGISTERED BY THIS STATE ON OR BEFORE JANUARY 1, 1998 BUT THAT BECOMES A HEALTH CARE PROFESSION LICENSED OR REGISTERED BY THIS STATE AFTER JANUARY 1, 1998. THIS SUBSECTION DOES NOT CHANGE THE STATUS OF A HEALTH CARE PROFESSION THAT WAS LICENSED OR REGISTERED BY THIS STATE ON OR BEFORE JANUARY 1, 1998.".
The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.
Rep. Law moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed, a majority of the members voting therefor.
House Bill No. 5737, entitled
A bill to amend 1969 PA 317, entitled "Worker's disability compensation act of 1969," by amending section 315 (MCL 418.315), as amended by 1995 PA 21.
Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Health Policy,
The substitute (H-2) was adopted, a majority of the members serving voting therefor.
Reps. Profit and Palamara moved to amend the bill as follows:
1. Amend page 2, line 2, after "A" by striking out the balance of the sentence and inserting "PROFESSION THAT WAS NOT LICENSED OR REGISTERED BY THE LAWS OF THIS STATE ON OR BEFORE JANUARY 1, 1998, BUT THAT BECOMES LICENSED, REGISTERED, OR OTHERWISE RECOGNIZED BY THE LAWS OF THIS STATE AFTER JANUARY 1, 1998.".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Profit 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 entered the House Chambers.
Rep. Brater moved that Rep. Varga be excused temporarily from today's session.
The motion prevailed.
House Bill No. 5221, entitled
A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding sections 21051a and 21051b.
Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Judiciary,
The substitute (H-2) was adopted, a majority of the members serving voting therefor.
Rep. Nye moved to amend the bill as follows:
1. Amend page 3, line 5, by striking out all of subsection (6) and inserting:
"(6) AN ACTION BROUGHT UNDER THIS SECTION SHALL BE TREATED THE SAME AS A MEDICAL MALPRACTICE ACTION UNDER SECTIONS 1483, 2169, 2912A, 2912B, 2912C, 2912D, 2912E, 2912F, 2912G, 4901 TO 4923, 5838A, 5851, 6013, 6098, AND 6304 OF THE REVISED JUDICATURE ACT OF 1961, 1961 PA 236, MCL 600.1483, 600.2169, 600.2912A, 600.2912B, 600.2912C, 600.2912D, 600.2912E, 600.2912F, 600.2912G, 600.4903 TO 600.4923, 600.5838A, 600.5851, 600.6013, 600.6098, AND 600.6304.".
The question being on the adoption of the amendment offered by Rep. Nye,
Rep. Nye demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Nye,
The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 515 Yeas--49
Bankes Geiger Johnson Middleton
Birkholz Gernaat Kaza Nye
Bobier Gilmer Kukuk Oxender
Bodem Godchaux Law Perricone
Brackenridge Goschka LeTarte Rhead
Byl Green Llewellyn Richner
Cassis Gustafson London Rocca
Crissman Hammerstrom Lowe Sanborn
Dalman Horton McBryde Scranton
DeVuyst Jansen McManus Sikkema
Dobb Jelinek McNutt Voorhees
Fitzgerald Jellema Middaugh Whyman
Galloway
Nays--53
Alley Dobronski Kilpatrick Rison
Anthony Emerson LaForge Schauer
Baird Frank Leland Schermesser
Basham Freeman Martinez Schroer
Bogardus Gagliardi Murphy Scott
Brater Gire Olshove Stallworth
Brewer Gubow Owen Tesanovich
Brown Hale Palamara Thomas
Callahan Hanley Parks Vaughn
Cherry Harder Price Wallace
Ciaramitaro Hertel Profit Wetters
Cropsey Hood Prusi Willard
Curtis Kelly Raczkowski Wojno
DeHart
In The Chair: Gire
Rep. Nye moved to amend the bill as follows:
1. Amend page 4, line 3, after "that" by striking out "are filed" and inserting "arise".
The question being on the adoption of the amendment offered by Rep. Nye,
Rep. Nye demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Nye,
The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 516 Yeas--48
Bankes Geiger Kaza Nye
Birkholz Gernaat Kukuk Oxender
Bobier Gilmer Law Perricone
Bodem Godchaux LeTarte Raczkowski
Brackenridge Green Llewellyn Rhead
Byl Gustafson London Richner
Cassis Hammerstrom Lowe Rocca
Dalman Horton McBryde Sanborn
DeVuyst Jansen McManus Scranton
Dobb Jelinek McNutt Sikkema
Fitzgerald Jellema Middaugh Voorhees
Galloway Johnson Middleton Whyman
Nays--53
Alley Emerson Kilpatrick Rison
Anthony Frank LaForge Schauer
Baird Freeman Leland Schermesser
Basham Gagliardi Mans Schroer
Bogardus Gire Martinez Scott
Brater Goschka Mathieu Stallworth
Brewer Gubow Murphy Tesanovich
Brown Hale Olshove Thomas
Callahan Hanley Owen Vaughn
Crissman Harder Palamara Wallace
Cropsey Hertel Parks Wetters
Curtis Hood Price Willard
DeHart Kelly Prusi Wojno
Dobronski
In The Chair: Gire
Rep. Richner moved to amend the bill as follows:
1. Amend page 3, following line 26, by inserting:
"SEC. 21051C. (1) A HEALTH MAINTENANCE ORGANIZATION, HEALTH CARE CORPORATION, OR INSURER THAT PROVIDES COVERAGE UNDER A PRUDENT PURCHASER ARRANGEMENT SHALL EXERCISE ORDINARY CARE WHEN MAKING A HEALTH CARE TREATMENT DECISION UNDER THE PRUDENT PURCHASER ARRANGEMENT AND IS LIABLE FOR DAMAGES FOR HARM TO A PERSON COVERED UNDER THE PRUDENT PURCHASER ARRANGEMENT PROXIMATELY CAUSED BY ITS FAILURE TO EXERCISE ORDINARY CARE.
(2) A HEALTH MAINTENANCE ORGANIZATION, HEALTH CARE CORPORATION, OR INSURER DESCRIBED UNDER SUBSECTION (1) IS LIABLE FOR DAMAGES FOR HARM TO THE PERSON COVERED UNDER THE PRUDENT PURCHASER ARRANGEMENT PROXIMATELY CAUSED BY A HEALTH CARE TREATMENT DECISION MADE BY AN EMPLOYEE, AGENT, OSTENSIBLE AGENT, OR REPRESENTATIVE ACTING ON BEHALF OF THE HEALTH MAINTENANCE ORGANIZATION, HEALTH CARE CORPORATION, OR INSURER AND OVER WHOM THE HEALTH MAINTENANCE ORGANIZATION, HEALTH CARE CORPORATION, OR INSURER HAS THE RIGHT TO EXERCISE INFLUENCE OR CONTROL OR HAS EXERCISED INFLUENCE OR CONTROL THAT RESULTED IN THE FAILURE TO EXERCISE ORDINARY CARE. HOWEVER, A FINDING THAT A HEALTH PROFESSIONAL IS AN EMPLOYEE, AGENT, OSTENSIBLE AGENT, OR REPRESENTATIVE OF A HEALTH MAINTENANCE ORGANIZATION, HEALTH CARE CORPORATION OR INSURER SHALL NOT BE BASED SOLELY ON PROOF THAT THE INDIVIDUAL'S NAME APPEARS IN A LISTING OF APPROVED PROVIDERS MADE AVAILABLE TO THE HEALTH MAINTENANCE ORGANIZATION'S, HEALTH CARE CORPORATION'S, OR INSURER'S ENROLLEES, MEMBERS, OR INSUREDS.
(3) BOTH OF THE FOLLOWING ARE DEFENSES IN AN ACTION BROUGHT PURSUANT TO SUBSECTION (1) OR (2):
(A) NEITHER THE HEALTH MAINTENANCE ORGANIZATION, HEALTH CARE CORPORATION, OR INSURER NOR ITS EMPLOYEE, AGENT, OSTENSIBLE AGENT, OR REPRESENTATIVE CONTROLLED, INFLUENCED, OR PARTICIPATED IN THE HEALTH CARE TREATMENT DECISION.
(B) THE HEALTH MAINTENANCE ORGANIZATION, HEALTH CARE CORPORATION, OR INSURER DID NOT DENY OR DELAY PAYMENT FOR ANY TREATMENT PRESCRIBED OR RECOMMENDED BY A PROVIDER TO THE ENROLLEE, MEMBER, OR INSURED.
(4) THIS SECTION DOES NOT CREATE AN OBLIGATION FOR A HEALTH MAINTENANCE ORGANIZATION, HEALTH CARE CORPORATION, OR INSURER TO PROVIDE TO AN ENROLLEE, MEMBER, OR INSURED TREATMENT THAT IS NOT COVERED UNDER THE HEALTH MAINTENANCE ORGANIZATION'S, HEALTH CARE CORPORATION'S, OR INSURER'S PRUDENT PURCHASER ARRANGEMENT.
(5) THIS SECTION DOES NOT CREATE ANY LIABILITY ON THE PART OF AN EMPLOYER, EMPLOYER PURCHASING GROUP, WELFARE BENEFIT PLAN, OR OTHER ENTITY THAT PURCHASES COVERAGE OR ASSUMES RISK ON BEHALF OF ITS EMPLOYEES OR PARTICIPANTS.
(6) AN ACTION BROUGHT UNDER THIS SECTION SHALL BE TREATED THE SAME AS A MEDICAL MALPRACTICE ACTION UNDER SECTIONS 1483, 2169, 2912A, 2912B, 2912C, 2912D, 2912E, 2912F, 2912G, 4901 TO 4923, 5838A, 5851, 6013, 6098, AND 6304 OF THE REVISED JUDICATURE ACT OF 1961, 1961 PA 236, MCL 600.1483, 600.2169, 600.2912A, 600.2912B, 600.2912C, 600.2912D, 600.2912E, 600.2912F, 600.2912G, 600.4903 TO 600.4923, 600.5838A, 600.5851, 600.6013, 600.6098, AND 600.6304.
(7) AS USED IN THIS SECTION:
(A) "HEALTH CARE TREATMENT DECISION" MEANS EITHER A DETERMINATION AS TO WHEN THE HEALTH MAINTENANCE ORGANIZATION, HEALTH CARE CORPORATION, OR INSURER ACTUALLY PROVIDES MEDICAL SERVICES OR A DECISION THAT AFFECTS THE QUALITY OF THE DIAGNOSIS, CARE, OR TREATMENT PROVIDED TO THE HEALTH MAINTENANCE ORGANIZATION'S, HEALTH CARE CORPORATION'S, OR INSURER'S ENROLLEES, MEMBERS, OR INSUREDS.
(B) "ORDINARY CARE" MEANS FOR A HEALTH MAINTENANCE ORGANIZATION, HEALTH CARE CORPORATION, OR INSURER THAT DEGREE OF CARE THAT A HEALTH MAINTENANCE ORGANIZATION, HEALTH CARE CORPORATION, OR INSURER OF ORDINARY PRUDENCE WOULD USE UNDER THE SAME OR SIMILAR CIRCUMSTANCES. FOR AN EMPLOYEE, AGENT, OSTENSIBLE AGENT, OR REPRESENTATIVE ACTING ON BEHALF OF THE HEALTH MAINTENANCE ORGANIZATION, HEALTH CARE CORPORATION, OR INSURER, ORDINARY CARE MEANS THAT DEGREE OF CARE THAT A PERSON OF ORDINARY PRUDENCE IN THE SAME PROFESSION, SPECIALTY, OR AREA OF PRACTICE AS THAT PERSON WOULD USE UNDER THE SAME OR SIMILAR CIRCUMSTANCES.".
2. Amend page 4, line 1, after "section 1." by striking out "Section 21051a" and inserting "Sections 21051a and 21051c".
3. Amend page 4, line 2, after "333.21051a" by inserting "and 333.21051c".
4. Amend page 4, line 3, after "act," by striking out "applies" and inserting "apply".
The question being on the adoption of the amendments offered by Rep. Richner,
Rep. Richner demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendments offered by Rep. Richner,
The amendments were adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 517 Yeas--56
Alley Dobb Jellema Nye
Bankes Fitzgerald Johnson Oxender
Birkholz Galloway Kaza Palamara
Bobier Geiger Kukuk Perricone
Bodem Gernaat Law Profit
Brackenridge Gilmer LeTarte Raczkowski
Brewer Godchaux Llewellyn Rhead
Brown Goschka London Richner
Byl Green Lowe Rocca
Callahan Gustafson McBryde Sanborn
Cassis Hammerstrom McManus Scranton
Crissman Horton McNutt Sikkema
Dalman Jansen Middaugh Voorhees
DeVuyst Jelinek Middleton Whyman
Nays--41
Anthony Gire Leland Schauer
Baird Gubow Martinez Schermesser
Basham Hale Mathieu Scott
Bogardus Hanley Murphy Stallworth
Cherry Harder Olshove Tesanovich
Cropsey Hertel Owen Vaughn
Curtis Hood Parks Wallace
DeHart Kelly Price Wetters
Dobronski Kilpatrick Prusi Willard
Frank LaForge Rison Wojno
Freeman
In The Chair: Gire
Rep. Baird moved to reconsider the vote by which the House adopted the amendments.
The motion prevailed, a majority of the members present voting therefor.
The question being on the adoption of the amendments offered by Rep. Richner,
Rep. Gustafson demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendments offered by Rep. Richner,
Rep. Gagliardi moved that consideration of the amendments be postponed temporarily.
The motion prevailed.
______
The Speaker assumed the Chair.
Rep. Brown moved to amend the bill as follows:
1. Amend page 3, following line 26, by inserting:
"SEC. 21051C. (1) A HEALTH MAINTENANCE ORGANIZATION, HEALTH CARE CORPORATION, OR INSURER THAT PROVIDES COVERAGE UNDER A PRUDENT PURCHASER ARRANGEMENT SHALL EXERCISE ORDINARY CARE WHEN MAKING A HEALTH CARE TREATMENT DECISION UNDER THE PRUDENT PURCHASER ARRANGEMENT AND IS LIABLE FOR DAMAGES FOR HARM TO A PERSON COVERED UNDER THE PRUDENT PURCHASER ARRANGEMENT PROXIMATELY CAUSED BY ITS FAILURE TO EXERCISE ORDINARY CARE.
(2) A HEALTH MAINTENANCE ORGANIZATION, HEALTH CARE CORPORATION, OR INSURER DESCRIBED UNDER SUBSECTION (1) IS LIABLE FOR DAMAGES FOR HARM TO THE PERSON COVERED UNDER THE PRUDENT PURCHASER ARRANGEMENT PROXIMATELY CAUSED BY A HEALTH CARE TREATMENT DECISION MADE BY AN EMPLOYEE, AGENT, OSTENSIBLE AGENT, OR REPRESENTATIVE ACTING ON BEHALF OF THE HEALTH MAINTENANCE ORGANIZATION, HEALTH CARE CORPORATION, OR INSURER AND OVER WHOM THE HEALTH MAINTENANCE ORGANIZATION, HEALTH CARE CORPORATION, OR INSURER HAS THE RIGHT TO EXERCISE INFLUENCE OR CONTROL OR HAS EXERCISED INFLUENCE OR CONTROL THAT RESULTED IN THE FAILURE TO EXERCISE ORDINARY CARE. HOWEVER, A FINDING THAT A HEALTH PROFESSIONAL IS AN EMPLOYEE, AGENT, OSTENSIBLE AGENT, OR REPRESENTATIVE OF A HEALTH MAINTENANCE ORGANIZATION, HEALTH CARE CORPORATION OR INSURER SHALL NOT BE BASED SOLELY ON PROOF THAT THE INDIVIDUAL'S NAME APPEARS IN A LISTING OF APPROVED PROVIDERS MADE AVAILABLE TO THE HEALTH MAINTENANCE ORGANIZATION'S, HEALTH CARE CORPORATION'S, OR INSURER'S ENROLLEES, MEMBERS, OR INSUREDS.
(3) BOTH OF THE FOLLOWING ARE DEFENSES IN AN ACTION BROUGHT PURSUANT TO SUBSECTION (1) OR (2):
(A) NEITHER THE HEALTH MAINTENANCE ORGANIZATION, HEALTH CARE CORPORATION, OR INSURER NOR ITS EMPLOYEE, AGENT, OSTENSIBLE AGENT, OR REPRESENTATIVE CONTROLLED, INFLUENCED, OR PARTICIPATED IN THE HEALTH CARE TREATMENT DECISION.
(B) THE HEALTH MAINTENANCE ORGANIZATION, HEALTH CARE CORPORATION, OR INSURER DID NOT DENY OR DELAY PAYMENT FOR ANY TREATMENT PRESCRIBED OR RECOMMENDED BY A PROVIDER TO THE ENROLLEE, MEMBER, OR INSURED.
(4) THIS SECTION DOES NOT CREATE AN OBLIGATION FOR A HEALTH MAINTENANCE ORGANIZATION, HEALTH CARE CORPORATION, OR INSURER TO PROVIDE TO AN ENROLLEE, MEMBER, OR INSURED TREATMENT THAT IS NOT COVERED UNDER THE HEALTH MAINTENANCE ORGANIZATION'S, HEALTH CARE CORPORATION'S, OR INSURER'S PRUDENT PURCHASER ARRANGEMENT.
(5) THIS SECTION DOES NOT CREATE ANY LIABILITY ON THE PART OF AN EMPLOYER, EMPLOYER PURCHASING GROUP, WELFARE BENEFIT PLAN, OR OTHER ENTITY THAT PURCHASES COVERAGE OR ASSUMES RISK ON BEHALF OF ITS EMPLOYEES OR PARTICIPANTS.
(6) FOR PURPOSES OF THE REVISED JUDICATURE ACT OF 1961, 1961 PA 236, MCL 600.101 TO 600.9948, THIS SECTION DOES NOT CREATE A MEDICAL MALPRACTICE CAUSE OF ACTION.
(7) AS USED IN THIS SECTION:
(A) "HEALTH CARE TREATMENT DECISION" MEANS EITHER A DETERMINATION AS TO WHEN THE HEALTH MAINTENANCE ORGANIZATION, HEALTH CARE CORPORATION, OR INSURER ACTUALLY PROVIDES MEDICAL SERVICES OR A DECISION THAT AFFECTS THE QUALITY OF THE DIAGNOSIS, CARE, OR TREATMENT PROVIDED TO THE HEALTH MAINTENANCE ORGANIZATION'S, HEALTH CARE CORPORATION'S, OR INSURER'S ENROLLEES, MEMBERS, OR INSUREDS.
(B) "ORDINARY CARE" MEANS FOR A HEALTH MAINTENANCE ORGANIZATION, HEALTH CARE CORPORATION, OR INSURER THAT DEGREE OF CARE THAT A HEALTH MAINTENANCE ORGANIZATION, HEALTH CARE CORPORATION, OR INSURER OF ORDINARY PRUDENCE WOULD USE UNDER THE SAME OR SIMILAR CIRCUMSTANCES. FOR AN EMPLOYEE, AGENT, OSTENSIBLE AGENT, OR REPRESENTATIVE ACTING ON BEHALF OF THE HEALTH MAINTENANCE ORGANIZATION, HEALTH CARE CORPORATION, OR INSURER, ORDINARY CARE MEANS THAT DEGREE OF CARE THAT A PERSON OF ORDINARY PRUDENCE IN THE SAME PROFESSION, SPECIALTY, OR AREA OF PRACTICE AS THAT PERSON WOULD USE UNDER THE SAME OR SIMILAR CIRCUMSTANCES.".
2. Amend page 4, line 1, after "section 1." by striking out "Section 21051a" and inserting "Sections 21051a and 21051c".
3. Amend page 4, line 2, after "333.21051a" by inserting "and 333.21051c".
4. Amend page 4, line 3, after "act," by striking out "applies" and inserting "apply".
The question being on the adoption of the amendments offered by Rep. Brown,
Rep. Richner demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendments offered by Rep. Brown,
The amendments were adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 518 Yeas--59
Agee DeHart Jellema Profit
Alley Dobronski Kelly Prusi
Anthony Emerson Kilpatrick Rison
Baird Frank LaForge Schauer
Basham Freeman Leland Schermesser
Bogardus Gagliardi Llewellyn Schroer
Brater Gire Mans Scott
Brewer Goschka Martinez Stallworth
Brown Gubow Mathieu Tesanovich
Byl Hale Murphy Thomas
Callahan Hammerstrom Olshove Vaughn
Cherry Hanley Owen Wallace
Ciaramitaro Harder Palamara Willard
Cropsey Hertel Parks Wojno
Curtis Hood Price
Nays--45
Bankes Geiger Law Perricone
Birkholz Gernaat LeTarte Raczkowski
Bobier Gilmer London Rhead
Bodem Godchaux Lowe Richner
Brackenridge Gustafson McBryde Rocca
Cassis Horton McManus Sanborn
Crissman Jansen McNutt Scranton
Dalman Jelinek Middaugh Sikkema
DeVuyst Johnson Middleton Voorhees
Dobb Kaza Nye Wetters
Fitzgerald Kukuk Oxender Whyman
Galloway
In The Chair: Hertel
The question being on the adoption of the amendments offered previously by Rep. Richner,
Rep. Richner withdrew the amendments.
Rep. Middleton moved that Rep. Lowe be excused temporarily from today's session.
The motion prevailed.
Rep. Richner moved to amend the bill as follows:
1. Amend page 3, following line 26, section 21051c, by striking out all of subsection (6) and inserting:
"(6) AN ACTION BROUGHT UNDER THIS SECTION SHALL BE TREATED THE SAME AS A MEDICAL MALPRACTICE ACTION UNDER SECTIONS 1483, 2169, 2912A, 2912B, 2912C, 2912D, 2912E, 2912F, 2912G, 4901 TO 4923, 5838A, 5851, 6013, 6098, AND 6304 OF THE REVISED JUDICATURE ACT OF 1961, 1961 PA 236, MCL 600.1483, 600.2169, 600.2912A, 600.2912B, 600.2912C, 600.2912D, 600.2912E, 600.2912F, 600.2912G, 600.4903 TO 600.4923, 600.5838A, 600.5851, 600.6013, 600.6098, AND 600.6304.".
The question being on the adoption of the amendment offered by Rep. Richner,
Rep. Richner demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Richner,
The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 519 Yeas--46
Bankes Geiger Kaza Oxender
Birkholz Gilmer Kukuk Perricone
Bobier Godchaux Law Raczkowski
Bodem Goschka LeTarte Rhead
Brackenridge Green Llewellyn Richner
Byl Gustafson London Rocca
Cassis Hammerstrom McBryde Sanborn
Crissman Horton McManus Scranton
Dalman Jansen Middaugh Sikkema
DeVuyst Jelinek Middleton Voorhees
Dobb Jellema Nye Whyman
Fitzgerald Johnson
Nays--57
Agee Dobronski Kilpatrick Rison
Alley Emerson LaForge Schauer
Anthony Frank Leland Schermesser
Baird Freeman Mans Schroer
Basham Gagliardi Martinez Scott
Bogardus Gire Mathieu Stallworth
Brater Griffin Murphy Tesanovich
Brewer Gubow Olshove Thomas
Brown Hale Owen Varga
Callahan Hanley Palamara Vaughn
Cherry Harder Parks Wallace
Ciaramitaro Hertel Price Wetters
Cropsey Hood Profit Willard
Curtis Kelly Prusi Wojno
DeHart
In The Chair: Hertel
Rep. Baird 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. 5221, entitled
A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding sections 21051a and 21051b.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 520 Yeas--61
Agee DeHart Hertel Price
Alley Dobronski Hood Profit
Anthony Emerson Kelly Prusi
Baird Frank Kilpatrick Schauer
Basham Freeman LaForge Schermesser
Bogardus Gagliardi Leland Schroer
Brater Gire Lowe Scott
Brewer Godchaux Mans Scranton
Brown Goschka Martinez Stallworth
Byl Griffin Mathieu Tesanovich
Callahan Gubow Murphy Vaughn
Cherry Hale Olshove Wallace
Ciaramitaro Hammerstrom Owen Wetters
Crissman Hanley Palamara Willard
Cropsey Harder Parks Wojno
Curtis
Nays--45
Bankes Gernaat Law Perricone
Birkholz Gilmer LeTarte Raczkowski
Bobier Green Llewellyn Rhead
Bodem Gustafson London Richner
Brackenridge Horton McBryde Rocca
Cassis Jansen McManus Sanborn
Dalman Jelinek McNutt Sikkema
DeVuyst Jellema Middaugh Thomas
Dobb Johnson Middleton Varga
Fitzgerald Kaza Nye Voorhees
Galloway Kukuk Oxender Whyman
Geiger
In The Chair: Hertel
The question being on agreeing to the title of the bill,
Rep. Gagliardi moved to amend the title to read as follows:
A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding sections 21035a, 21051a, 21051b, and 21051c.
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. Middleton and Dobb, having reserved the right to explain their protest against the passage of the bill, made the following statement:
"Mr. Speaker and members of the House:
I voted no on this bill because it plays into the hands of trial lawyers without adding meaningful protection for patients. Regardless of how it is characterized, this bill is a medical malpractice bill that extends beyond health care providers to HMOs and other entities providing coverage. And, to the delight of trial lawyers, the bill lacks the caps on non-economic damages contained in medical malpractice law. Further, patients are already able to appeal to outside sources when they disagree with a decision made by their health plan. This and other patient protections were established in last session's patient bill of rights."
Rep. Raczkowski, 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:
Last week, members of this House spoke in opposition to the prenatal protection bills because existing law reportedly already provided protections.
In a similar way, this bill is not strictly necessary because Michigan citizens can and do presently seek legal remedies for the situations this bill tries to address."
______
Rep. Gagliardi moved that House Committees be given leave to meet during the balance of today's session.
The motion prevailed.
Rep. Gagliardi moved that when the House adjourns today it stand adjourned until Wednesday, June 3, at 10:00 a.m.
The motion prevailed.
By unanimous consent the House returned to the order of
Motions and Resolutions
Rep. Middaugh offered the following resolution:
House Resolution No. 311.
A resolution to urge the Natural Resources Commission to extend the 1998 firearms deer season by starting on November 14.
Whereas, Over the past quarter century, the size of Michigan's deer herd has increased dramatically. At the start of the 1997 hunting season, the state had an estimated deer population of 1.8 million; and
Whereas, While not all areas have the same density of deer, every county in Michigan faces problems from car/deer crashes. In 1996, according to the Michigan State Police, more than 68,000 accidents occurred. This number is more than twice the number of crashes of this kind that took place only ten years earlier. On average, Michigan motorists are involved in 186 deer-vehicle crashes every day. The 1996 car/deer crashes resulted in six deaths, 2,221 injuries, and a total cost of more than $100 million. In many instances, avoiding collisions with deer causes even worse accidents; and
Whereas, In addition to the impact the large deer population has on transportation, farms suffer enormous damage. In certain areas of the state, deer are a significant threat to crops and a source of great frustration to farmers; and
Whereas, Interested parties, including public and private organizations and agencies concerned over highway safety, have proposed starting the firearms deer hunting season a day earlier this year as a means of better managing the deer herd. Beginning the 1998 season on November 14, which is a Saturday, can prove to be an effective tool for reducing the population of deer. The added time will assure three full weekends for the firearms season, which continues to be the best mechanism for controlling the herd; now, therefore, be it
Resolved by the House of Representatives, That we urge the Natural Resources Commission to extend the 1998 firearms deer season by starting on November 14; and be it further
Resolved, That a copy of this resolution be transmitted to the Natural Resources Commission.
The resolution was referred to the Committee on Conservation, Environment and Recreation.
Rep. Middaugh offered the following concurrent resolution:
House Concurrent Resolution No. 108.
A concurrent resolution to urge the Natural Resources Commission to extend the 1998 firearms deer season by starting on November 14.
Whereas, Over the past quarter century, the size of Michigan's deer herd has increased dramatically. At the start of the 1997 hunting season, the state had an estimated deer population of 1.8 million; and
Whereas, While not all areas have the same density of deer, every county in Michigan faces problems from car/deer crashes. In 1996, according to the Michigan State Police, more than 68,000 accidents occurred. This number is more than twice the number of crashes of this kind that took place only ten years earlier. On average, Michigan motorists are involved in 186 deer-vehicle crashes every day. The 1996 car/deer crashes resulted in six deaths, 2,221 injuries, and a total cost of more than $100 million. In many instances, avoiding collisions with deer causes even worse accidents; and
Whereas, In addition to the impact the large deer population has on transportation, farms suffer enormous damage. In certain areas of the state, deer are a significant threat to crops and a source of great frustration to farmers; and
Whereas, Interested parties, including public and private organizations and agencies concerned over highway safety, have proposed starting the firearms deer hunting season a day earlier this year as a means of better managing the deer herd. Beginning the 1998 season on November 14, which is a Saturday, can prove to be an effective tool for reducing the population of deer. The added time will assure three full weekends for the firearms season, which continues to be the best mechanism for controlling the herd; now, therefore, be it
Resolved by the House of Representatives (the Senate concurring), That we urge the Natural Resources Commission to extend the 1998 firearms deer season by starting on November 14; and be it further
Resolved, That a copy of this resolution be transmitted to the Natural Resources Commission.
The concurrent resolution was referred to the Committee on Conservation, Environment and Recreation.
Reports of Select Committees
Joint Committee on Administrative Rules
Certificates of Approval
Date: May 27, 1998
Subject: Trans. No. 98-36
I hereby certify that the Joint Committee on Administrative Rules approved the administrative rules from the Department of Consumer and Industry Services, Manufactured Housing Commission, pertaining to General Rules, dated February 12, 1998.
Date: May 27, 1998
Subject: Trans. No. 98-44
I hereby certify that the Joint Committee on Administrative Rules approved the administrative rules from the Department of Environmental Quality, Land and Water Management Division, pertaining to Water Resources, dated December 4, 1997.
Date: May 27, 1998
Subject: Trans. No. 98-47
I hereby certify that the Joint Committee on Administrative Rules approved the administrative rules from the Department of Transportation, Aeronautics Commission, pertaining to General Rules, dated March 16, 1998.
Date: May 27, 1998
Subject: Trans. No. 98-50
I hereby certify that the Joint Committee on Administrative Rules approved the administrative rules from the Department of Environmental Quality, Air Quality Division, pertaining to Air Pollution Control, dated March 26, 1997.
Sincerely,
Senator Walter H. North
Chair
Reports of Standing Committees
The Committee on Labor and Occupational Safety, by Rep. Cherry, Vice-Chair, reported
House Bill No. 5654, entitled
A bill to amend 1972 PA 230, entitled "State construction code act of 1972," by amending sections 2, 8, and 28 (MCL 125.1502, 125.1508, and 125.1528), section 2 as amended by 1980 PA 371, section 8 as amended by 1994 PA 128, and section 28 as amended by 1996 PA 48, and by adding section 8a; and to repeal acts and parts of acts.
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 5654 To Report Out:
Yeas: Reps. Cherry, Agee, Bogardus, Callahan, Freeman, Schermesser, Byl, Llewellyn,
Nays: None.
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Cherry, Vice-Chair of the Committee on Labor and Occupational Safety, was received and read:
Meeting held on: Tuesday, June 2, 1998, at 9:00 a.m.,
Present: Reps. Cherry, Agee, Bogardus, Callahan, Freeman, Schermesser, Byl, Llewellyn,
Absent: Reps. Murphy, Raczkowski, Rhead,
Excused: Reps. Murphy, Raczkowski, Rhead.
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. LaForge, Chair of the Committee on Human Services and Children, was received and read:
Meeting held on: Tuesday, June 2, 1998, at 9:00 a.m.,
Present: Reps. LaForge, Scott, Bogardus, Gire, Schauer, London, McManus, Sanborn,
Absent: Rep. Horton,
Excused: Rep. Horton.
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Hertel, Chair of the Committee on House Television Oversight, was received and read:
Meeting held on: Tuesday, June 2, 1998, at 1:30 p.m.,
Present: Reps. Hertel, Gagliardi, Thomas, Sikkema,
Absent: Reps. Gustafson, DeVuyst,
Excused: Reps. Gustafson, DeVuyst.
Messages from the Senate
Senate Bill No. 483, entitled
A bill to amend 1941 PA 205, entitled "An act to provide for the construction, establishment, opening, use, discontinuing, vacating, closing, altering, improvement, and maintenance of limited access highways and facilities ancillary to those highways; to permit the acquiring of property and property rights and the closing or other treatment of intersecting roads for these purposes; to provide for the borrowing of money and for the issuing of bonds or notes payable from special funds for the acquisition, construction or improvement of such highways; and to provide for the receipt and expenditure of funds generated from the facilities," by amending section 2 (MCL 252.52), as amended by 1995 PA 93.
The Senate has amended the House substitute (H-1) as follows:
1. Amend page 3, line 22, after "UNDER" by inserting "SECTION 7 OF".
The Senate has concurred in the House substitute (H-1) as amended and ordered that the bill be given immediate effect.
The Speaker announced that pursuant to Rule 45, the bill was laid over one day.
Senate Concurrent Resolution No. 59.
A concurrent resolution to call for increased support for training county veterans counselors.
Whereas, The Michigan Association of County Veterans Counselors (MACVC), a nonprofit veterans benefits corporation, is requesting that the state set aside money to defray the expenses associated with annual training; and
Whereas, MACVC has veterans benefits counselor locations throughout the state that receive financial support from their county boards of commissioners to cover the cost of providing needed services to the veteran and dependent population resident within their counties; and
Whereas, A large portion of the veterans and dependents rely solely on the financial programs afforded them under the Department of Veterans Affairs programs; and
Whereas, The Michigan Association of County Veterans Counselors, with the assistance of the National Association of County Veterans Counselors, has noticed that the federal revenue generated for veterans and dependents increases tremendously with increased knowledge; and
Whereas, MACVC has undertaken a comprehensive study to determine the annual expense associated with a four-day education program. The association has studied similar programs already in existence in other states, including Iowa and Arkansas; and
Whereas, Other educational programs for veterans counselors consist of several topics, including the following:
A. Office management principles,
B. Current state and federal programs available to veterans and dependents,
C. Procedures to apply for state and federal programs,
D. Waiver and appellate processes for veterans programs,
E. Assistance in making referrals within the Department of Veterans Affairs system, and
F. Competent knowledge of other federal programs such as Social Security, Medicare, Medicaid, and labor.
; and
Whereas, The MACVC is often the first point of contact for many veterans and dependents returning home from active duty. The counties in which the counselors work lost some support from changes to our tax structure through Proposal A in 1993; and
Whereas, MACVC and members have represented the veterans and dependents of the state of Michigan for over five decades. Michigan has always supported its veterans and their dependents who have sacrificed so much so that we might enjoy the freedom we have today as well as progressive education; now, therefore, be it
Resolved by the Senate (the House of Representatives concurring), That we call for increased support for training county veterans counselors.
The Senate has adopted the concurrent resolution.
Reps. Hanley, Kukuk, Llewellyn, Anthony, Prusi, LaForge, Kelly, Bodem, Goschka, Cherry, Varga, Profit, Hale, Schauer, Tesanovich, Palamara, Lowe, Schroer, Raczkowski and Birkholz were named co-sponsors of the concurrent resolution.
The concurrent resolution was referred to the Committee on Senior Citizens and Veterans Affairs.
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, Wednesday, May 27:
Senate Bill No. 1143
The Clerk announced the enrollment printing and presentation to the Governor on Thursday, May 28, for his approval of the following bills:
Enrolled House Bill No. 4031 at 11:33 a.m.
Enrolled House Bill No. 4324 at 11:35 a.m.
Enrolled House Bill No. 4620 at 11:37 a.m.
Enrolled House Bill No. 4943 at 11:39 a.m.
Enrolled House Bill No. 5076 at 11:41 a.m.
Enrolled House Bill No. 5135 at 11:43 a.m.
Enrolled House Bill No. 5289 at 11:45 a.m.
The Clerk announced that the following bill had been printed and placed upon the files of the members, Thursday, May 28:
House Bill No. 5887
The Clerk announced the enrollment printing and presentation to the Governor on Friday, May 29, for his approval of the following bills:
Enrolled House Bill No. 5216 at 10:58 a.m.
Enrolled House Bill No. 5608 at 11:00 a.m.
The Clerk announced that the following bills had been printed and placed upon the files of the members, Friday, May 29:
House Bill Nos. 5888 5889 5890 5891 5892 5893 5894 5895 5896 5897 5898
The Clerk announced the enrollment printing and presentation to the Governor on Tuesday, June 2, for his approval of the following bill:
Enrolled House Bill No. 5304 at 10:38 a.m.
Messages from the Governor
The following messages from the Governor, approving and signing the following bills at the times designated below, were received and read:
Date: May 28, 1998
Time: 8:50 a.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 5250 (Public Act No. 99, I.E.), being
An act 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 section 217 (MCL 38.2217), as amended by 1996 PA 525.
(Filed with the Secretary of State May 28, 1998, at 4:14 p.m.)
Date: May 28, 1998
Time: 9:00 a.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 5251 (Public Act No. 100, I.E.), being
An act to amend 1961 PA 236, entitled "An act to revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of such courts, and of the judges and other officers thereof; the forms and attributes of civil claims and actions; the time within which civil actions and proceedings may be brought in said courts; pleading, evidence, practice and procedure in civil and criminal actions and proceedings in said courts; to provide remedies and penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with, or contravening any of the provisions of this act," (MCL 600.101 to 600.9948) by adding section 821a.
(Filed with the Secretary of State May 28, 1998, at 4:16 p.m.)
Date: May 28, 1998
Time: 9:05 a.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 4447 (Public Act No. 101, I.E.), being
An act to amend 1947 PA 359, entitled "An act to authorize the incorporation of charter townships; to provide a municipal charter therefor; and to prescribe the powers and functions thereof," by amending section 4 (MCL 42.4), as amended by 1990 PA 12.
(Filed with the Secretary of State May 28, 1998, at 4:18 p.m.)
Date: May 28, 1998
Time: 2:25 p.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 4857 (Public Act No. 102, I.E.), being
An act to authorize the department of state police to convey certain state owned property in Berrien county; to prescribe conditions for the conveyance; and to provide for disposition of the revenue derived from the conveyance.
(Filed with the Secretary of State May 29, 1998, at 11:22 a.m.)
Date: May 28, 1998
Time: 2:30 p.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 5290 (Public Act No. 103, I.E.), being
An act to amend 1949 PA 300, entitled "An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of owners and operators of vehicles and service of process on residents and nonresidents; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date," by amending section 907 (MCL 257.907), as amended by 1995 PA 287.
(Filed with the Secretary of State May 29, 1998, at 11:24 a.m.)
Date: May 28, 1998
Time: 2:32 p.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 5002 (Public Act No. 104), being
An act 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 repealing section 43512 (MCL 324.43512).
(Filed with the Secretary of State May 29, 1998, at 11:26 a.m.)
Date: May 28, 1998
Time: 2:40 p.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 4765 (Public Act No. 105), being
An act to amend 1949 PA 300, entitled "An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of owners and operators of vehicles and service of process on residents and nonresidents; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date," (MCL 257.1 to 257.923) by adding section 207a.
(Filed with the Secretary of State May 29, 1998, at 11:28 a.m.)
Communications from State Officers
The following communications from the Secretary of State were received and read:
Notices of Filing
Administrative Rules
May 4, 1998
In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6 this is to advise you that the Office of Regulatory Reform, Legal Division filed at 1:15 P.M. this date, administrative rule (98-05-1) for the Department of State Police, Forensic Science Division, entitled "DNA Profiling", effective 15 days hereafter.
May 5, 1998
In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6 this is to advise you that the Office of Regulatory Reform, Legal Division filed at 1:15 P.M. this date, administrative rule (98-05-2) for the Department of Treasury, Revenue Division, entitled "Income Tax", effective 15 days hereafter.
May 5, 1998
In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6 this is to advise you that the Office of Regulatory Reform, Legal Division filed at 1:17 P.M. this date, administrative rule (98-05-3) for the Department of Environmental Quality, Land and Water Management Division, entitled "Floodplains and Floodways", effective 15 days hereafter.
May 5, 1998
In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6 this is to advise you that the Office of Regulatory Reform, Legal Division filed at 1:05 P.M. this date, administrative rule (98-05-4) for the Department of Treasury, Bureau of Revenue, entitled "Taxpayer Bill of Rights Rescissions", effective 15 days hereafter.
Sincerely,
Candice S. Miller
Secretary of State
Helen Kruger, Supervisor
Office of the Great Seal
The communications were referred to the Clerk.
The following communications from the Michigan Works! Northeast Michigan Consortium were received and read:
May 28, 1998
The Workforce Development Board of Northeast Michigan Consortium has prepared the final Title IIB plan for program year 1998.
The following planned activities are available to the target groups that are eligible under the Job Training Partnership Act: Classroom Training, Basic Remedial Education, Work Experience, Job Specific Internship (Private Sector).
Total Title IIB program funds planned for PY98: $523,241.00
A copy of the Plan is available at Northeast Michigan Consortium, P.O. Box 711, Onaway, Michigan 49765. Please address questions or comments to Terry L. Basel, Program Coordinator.
May 28, 1998
The Workforce Development Board of Northeast Michigan Consortium has prepared the final Title IIA 5% Older Worker plan for program year 1998.
The following is a summary of the planned activities for the target groups that are eligible under the Job Training Partnership Act:
Total IIA 5% Older Worker Program Funds Planned for PY98: $33,128.00
Direct Training....................$16,564.00
Training/Related..................$10,932.00
A copy of the Plan is available at Northeast Michigan Consortium, P.O. Box 711, Onaway, Michigan 49765. Please address questions or comments to Terry L. Basel, Program Coordinator.
Sincerely,
Terry L. Basel
Program Coordinator
The communications were referred to the Clerk.
Introduction of Bills
Reps. Bodem, Freeman, Dalman, Schroer, Gire, Birkholz, McBryde, Jansen, Richner, Baade and Brewer introduced
House Bill No. 5899, entitled
A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending sections 243a and 243b (MCL 750.243a and 750.243b), section 243a as amended by 1980 PA 422.
The bill was read a first time by its title and referred to the Committee on Regulatory Affairs.
Rep. Frank introduced
House Bill No. 5900, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 36111 (MCL 324.36111), as amended by 1996 PA 567, and by adding part 362.
The bill was read a first time by its title and referred to the Committee on Agriculture.
Rep. Whyman introduced
House Bill No. 5901, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 722 and 724 (MCL 257.722 and 257.724), section 722 as amended by 1993 PA 22 and section 724 as amended by 1988 PA 346.
The bill was read a first time by its title and referred to the Committee on Transportation.
Reps. Kilpatrick, Emerson, Kelly, Vaughn, Murphy, Scott, Freeman, LaForge, Rison, Brater, Hale, Stallworth, Parks and Thomas introduced
House Bill No. 5902, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by amending the part heading to part 13 and by adding sections 1301, 1302, 1303, 1304, 1305, 1306, and 1307.
The bill was read a first time by its title and referred to the Committee on Conservation, Environment and Recreation.
Rep. Profit introduced
House Bill No. 5903, 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 Judiciary.
Rep. Varga moved that the House adjourn.
The motion prevailed, the time being 2:10 p.m.
The Speaker declared the House adjourned until Wednesday, June 3, at 10:00 a.m.
MARY KAY SCULLION
Clerk of the House of Representatives.