No. 64
STATE OF MICHIGAN
JOURNAL
OF THE
House of Representatives
89th Legislature
REGULAR SESSION OF 1998
House Chamber, Lansing, Thursday, June 25, 1998.
10:00 a.m.
The House was called to order by Acting Speaker DeHart.
The roll was called by the Clerk of the House of Representatives, who announced that a quorum was present.
Agee--present
Alley--present
Anthony--present
Baade--present
Baird--present
Bankes--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--e/d/s
Fitzgerald--present
Frank--present
Freeman--present
Gagliardi--excused
Galloway--present
Geiger--present
Gernaat--present
Gilmer--present
Gire--present
Godchaux--present
Goschka--present
Green--e/d/s
Griffin--present
Gubow--present
Gustafson--present
Hale--present
Hammerstrom--present
Hanley--present
Harder--present
Hertel--present
Hood--present
Horton--present
Jansen--e/d/s
Jelinek--present
Jellema--present
Johnson--present
Kaza--present
Kelly--present
Kilpatrick--present
Kukuk--present
LaForge--present
Law--present
Leland--present
LeTarte--present
Llewellyn--present
London--present
Lowe--present
Mans--present
Martinez--present
Mathieu--present
McBryde--e/d/s
McManus--present
McNutt--present
Middaugh--present
Middleton--present
Murphy--e/d/s
Nye--e/d/s
Olshove--present
Owen--present
Oxender--excused
Palamara--e/d/s
Parks--present
Perricone--present
Price--present
Profit--present
Prusi--present
Quarles--present
Raczkowski--present
Rhead--present
Richner--present
Rison--excused
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--present
Wallace--present
Wetters--e/d/s
Whyman--e/d/s
Willard--present
Wojno--present
e/d/s = entered during session
Rep. Ted Wallace, from the 5th District, offered the following invocation:
"Almighty God, creator of the heavens and the earth, thank You for giving us life. You gave us the will to love and to hate. You gave us the will to do good and to do evil. As we set about today in this legislative session and for the rest of the year to do Your work here on earth, please touch our hearts that we will love and not hate and that we will do good. Amen."
______
Rep. Dobronski moved that Reps. Rison and Gagliardi be excused from today's session.
The motion prevailed.
Rep. Hammerstrom moved that Rep. Oxender be excused from today's session.
The motion prevailed.
Notices
June 25, 1998
In accordance with House Rule 10, I hereby designate Representative Eileen DeHart, to be the Presiding Officer for all, or part of today's session.
Sincerely,
Curtis Hertel
Speaker of the House
______
Rep. Anthony moved that Rep. Prusi be excused temporarily from today's session.
The motion prevailed.
By unanimous consent the House returned to the order of
Third Reading of Bills
Senate Bill No. 726, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending section 7212 (MCL 333.7212), as amended by 1993 PA 25.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 727 Yeas--96
Agee DeVuyst Johnson Profit
Alley Dobronski Kaza Prusi
Anthony Fitzgerald Kelly Quarles
Baade Frank Kilpatrick Raczkowski
Baird Freeman Kukuk Rhead
Bankes Galloway LaForge Richner
Basham Geiger Law Rocca
Birkholz Gernaat Leland Sanborn
Bobier Gilmer LeTarte Schauer
Bodem Gire Llewellyn Schermesser
Bogardus Godchaux London Schroer
Brackenridge Goschka Lowe Scott
Brater Griffin Mans Scranton
Brown Gubow Martinez Sikkema
Byl Gustafson Mathieu Stallworth
Callahan Hale McManus Tesanovich
Cassis Hammerstrom McNutt Thomas
Cherry Hanley Middaugh Varga
Ciaramitaro Harder Middleton Vaughn
Crissman Hertel Olshove Voorhees
Cropsey Hood Owen Walberg
Curtis Horton Parks Wallace
Dalman Jelinek Perricone Willard
DeHart Jellema Price Wojno
Nays--0
In The Chair: DeHart
Pursuant to Joint Rule 20, the full title of the act shall read as follows:
"An act to 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.
______
Reps. McBryde, Green and Dobb entered the House Chambers.
House Bill No. 4866, entitled
A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending sections 821, 822, 8148, and 8152 (MCL 600.821, 600.822, 600.8148, and 600.8152), section 821 as amended by 1996 PA 388, section 822 as amended by 1996 PA 374, and section 8152 as amended by 1990 PA 54.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 728 Yeas--90
Agee DeVuyst Jellema Perricone
Alley Dobb Johnson Price
Anthony Dobronski Kelly Profit
Baade Fitzgerald Kilpatrick Prusi
Baird Frank Kukuk Quarles
Bankes Freeman LaForge Raczkowski
Basham Galloway Law Rhead
Birkholz Geiger Leland Rocca
Bobier Gernaat LeTarte Sanborn
Bodem Gilmer Llewellyn Schauer
Bogardus Gire London Schermesser
Brackenridge Godchaux Lowe Schroer
Brater Goschka Mans Scott
Brown Green Martinez Scranton
Byl Griffin McBryde Sikkema
Callahan Gubow McManus Thomas
Cassis Hale McNutt Varga
Cherry Hammerstrom Middaugh Vaughn
Crissman Hanley Middleton Voorhees
Cropsey Harder Olshove Walberg
Curtis Hood Owen Wallace
Dalman Horton Parks Wojno
DeHart Jelinek
Nays--3
Gustafson Kaza Richner
In The Chair: DeHart
The question being on agreeing to the title of the bill,
Rep. Thomas moved to amend the title to read as follows:
A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending sections 821, 822, and 8148 (MCL 600.821, 600.822, and 600.8148), section 821 as amended by 1996 PA 388 and section 822 as amended by 1996 PA 374, and by adding sections 810a and 8179.
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. Callahan moved that Rep. Tesanovich be excused temporarily from today's session.
The motion prevailed.
Rep. Wetters entered the House Chambers.
House Bill No. 5445, entitled
A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending sections 356a, 412, 413, 415, 416, and 535a (MCL 750.356a, 750.412, 750.413, 750.415, 750.416, and 750.535a), section 535a as amended by 1988 PA 140, and by adding sections 535c and 535d.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 729 Yeas--98
Agee Dobb Kaza Prusi
Alley Fitzgerald Kelly Quarles
Anthony Frank Kilpatrick Raczkowski
Baade Freeman Kukuk Rhead
Baird Galloway LaForge Richner
Bankes Geiger Law Rocca
Basham Gernaat Leland Sanborn
Birkholz Gilmer LeTarte Schauer
Bobier Gire Llewellyn Schermesser
Bodem Godchaux London Schroer
Bogardus Goschka Lowe Scott
Brackenridge Green Mans Scranton
Brater Griffin Mathieu Sikkema
Brewer Gubow McBryde Stallworth
Brown Gustafson McManus Tesanovich
Byl Hale McNutt Thomas
Callahan Hammerstrom Middaugh Varga
Cassis Hanley Middleton Vaughn
Cherry Harder Olshove Voorhees
Crissman Hertel Owen Walberg
Cropsey Hood Parks Wallace
Curtis Horton Perricone Wetters
Dalman Jelinek Price Willard
DeHart Jellema Profit Wojno
DeVuyst Johnson
Nays--0
In The Chair: DeHart
The question being on agreeing to the title of the bill,
Rep. Thomas moved to amend the title to read as follows:
A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending sections 356a, 412, 413, 415, 416, and 535a (MCL 750.356a, 750.412, 750.413, 750.415, 750.416, and 750.535a), section 535a as amended by 1988 PA 140, and by adding section 535c.
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. Nye entered the House Chambers.
House Bill No. 5447, entitled
A bill to amend 1974 PA 300, entitled "Motor vehicle service and repair act," by amending section 22 (MCL 257.1322), as amended by 1988 PA 254.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 730 Yeas--100
Agee DeVuyst Jellema Price
Alley Dobb Johnson Profit
Anthony Dobronski Kaza Prusi
Baade Fitzgerald Kelly Raczkowski
Baird Frank Kilpatrick Rhead
Bankes Freeman Kukuk Richner
Basham Galloway LaForge Rocca
Birkholz Geiger Law Sanborn
Bobier Gernaat Leland Schauer
Bodem Gilmer LeTarte Schermesser
Bogardus Gire Llewellyn Schroer
Brackenridge Godchaux London Scott
Brater Goschka Lowe Scranton
Brewer Green Martinez Sikkema
Brown Griffin Mathieu Stallworth
Byl Gubow McBryde Tesanovich
Callahan Gustafson McManus Thomas
Cassis Hale McNutt Varga
Cherry Hammerstrom Middaugh Vaughn
Ciaramitaro Hanley Middleton Voorhees
Crissman Harder Nye Walberg
Cropsey Hertel Olshove Wallace
Curtis Hood Owen Wetters
Dalman Horton Parks Willard
DeHart Jelinek Perricone Wojno
Nays--0
In The Chair: DeHart
The question being on agreeing to the title of the bill,
Rep. Thomas moved to amend the title to read as follows:
A bill to amend 1974 PA 300, entitled "Motor vehicle service and repair act," by amending sections 2, 2a, and 22 (MCL 257.1302, 257.1302a, and 257.1322), sections 2 and 22 as amended and section 2a as added by 1988 PA 254.
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. Emerson entered the House Chambers.
House Bill No. 5468, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 249, 254, and 303 (MCL 257.249, 257.254, and 257.303[1]), section 249 as amended by 1993 PA 300, section 254 as amended by 1990 PA 98, and section 303 as amended by 1996 PA 587, and by adding section 254a.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 731 Yeas--100
Agee Dobb Jellema Price
Alley Dobronski Johnson Profit
Anthony Emerson Kaza Prusi
Baade Fitzgerald Kelly Quarles
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
Brown Green Martinez Scranton
Byl Griffin Mathieu Sikkema
Callahan Gubow McBryde Stallworth
Cassis Gustafson McManus Tesanovich
Cherry Hale McNutt Thomas
Ciaramitaro Hammerstrom Middaugh Varga
Crissman Hanley Middleton Vaughn
Cropsey Harder Nye Voorhees
Curtis Hertel Olshove Walberg
Dalman Hood Owen Wallace
DeHart Horton Parks Willard
DeVuyst Jelinek Perricone Wojno
Nays--0
In The Chair: DeHart
The question being on agreeing to the title of the bill,
Rep. Thomas moved to amend the title to read as follows:
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 27a, 249, 249a, 254, and 732 (MCL 257.27a, 257.249, 257.249a, 257.254, and 257.732), sections 27a, 249, and 249a as amended by 1993 PA 300, section 254 as amended by 1990 PA 98, and section 732 as amended by 1996 PA 493, and by adding section 254a.
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. Palamara entered the House Chambers.
House Bill No. 5792, entitled
A bill to amend 1851 PA 156, entitled "An act to define the powers and duties of the county boards of commissioners of the several counties, and to confer upon them certain local, administrative and legislative powers; and to prescribe penalties for the violation of the provisions of this act," (MCL 46.1 to 46.32) by adding section 22.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 732 Yeas--92
Alley Emerson Johnson Perricone
Anthony Fitzgerald Kelly Price
Baade Frank Kilpatrick Prusi
Bankes Freeman Kukuk Quarles
Basham Galloway LaForge Raczkowski
Birkholz Geiger Law Rhead
Bobier Gernaat Leland Richner
Bodem Gilmer LeTarte Rocca
Bogardus Gire Llewellyn Sanborn
Brackenridge Godchaux London Schauer
Byl Goschka Lowe Schermesser
Callahan Green Mans Scott
Cassis Griffin Martinez Scranton
Cherry Gubow Mathieu Sikkema
Ciaramitaro Hale McBryde Stallworth
Crissman Hammerstrom McManus Thomas
Cropsey Hanley McNutt Varga
Curtis Harder Middaugh Vaughn
Dalman Hertel Middleton Voorhees
DeHart Hood Nye Walberg
DeVuyst Horton Olshove Wallace
Dobb Jelinek Owen Wetters
Dobronski Jellema Palamara Wojno
Nays--9
Baird Gustafson Profit Tesanovich
Brewer Kaza Schroer Willard
Brown
In The Chair: DeHart
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.
Reps. Birkholz, DeVuyst, Fitzgerald, Gernaat, Green, Horton, McBryde, Middaugh, Rhead, Scott and Vaughn were named co-sponsors of the bill.
House Bill No. 5793, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 9301, 9302, 9303, 9304, 9305, 9306, 9307, 9308, 9310, 9311, 9312, and 9313 (MCL 324.9301, 324.9302, 324.9303, 324.9304, 324.9305, 324.9306, 324.9307, 324.9308, 324.9310, 324.9311, 324.9312, and 324.9313), as added by 1995 PA 60, and by adding section 9314; 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. 733 Yeas--99
Alley Dobronski Kelly Profit
Anthony Fitzgerald Kilpatrick Prusi
Baade Frank Kukuk Quarles
Baird Freeman LaForge Raczkowski
Bankes Galloway Law Rhead
Basham Geiger Leland Richner
Birkholz Gernaat LeTarte Rocca
Bobier Gilmer Llewellyn Sanborn
Bodem Godchaux London Schauer
Bogardus Goschka Lowe Schermesser
Brackenridge Green Mans Schroer
Brater Griffin Martinez Scott
Brewer Gubow Mathieu Scranton
Brown Gustafson McBryde Sikkema
Byl Hale McManus Tesanovich
Callahan Hammerstrom McNutt Thomas
Cassis Hanley Middaugh Varga
Cherry Harder Middleton Vaughn
Crissman Hertel Nye Voorhees
Cropsey Hood Olshove Walberg
Curtis Horton Owen Wallace
Dalman Jelinek Palamara Wetters
DeHart Jellema Parks Willard
DeVuyst Johnson Perricone Wojno
Dobb Kaza Price
Nays--0
In The Chair: DeHart
The question being on agreeing to the title of the bill,
Rep. Thomas moved to amend the title to read as follows:
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 9301, 9302, 9303, 9304, 9305, 9307, 9308, 9310, 9312, and 9313 (MCL 324.9301, 324.9302, 324.9303, 324.9304, 324.9305, 324.9307, 324.9308, 324.9310, 324.9312, and 324.9313), as added by 1995 PA 60, and by adding section 9304a; and to repeal acts and parts of acts.
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.
______
Reps. Murphy and Whyman entered the House Chambers.
Second Reading of Bills
House Bill No. 4670, entitled
A bill to amend 1967 PA 281, entitled "Income tax act of 1967," (MCL 206.1 to 206.532) by adding section 266.
Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Urban Policy and Economic Development,
The substitute (H-2) 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.
House Bill No. 5709, entitled
A bill to amend 1933 PA 167, entitled "General sales tax act," by amending section 4a (MCL 205.54a), as amended by 1996 PA 435.
Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Tax Policy,
The substitute (H-2) 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. Jansen entered the House Chambers.
By unanimous consent the House returned to the order of
Third Reading of Bills
Senate Bill No. 1026, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 307, 315, 319, and 323 (MCL 257.307, 257.315, 257.319, and 257.323), section 307 as amended by 1996 PA 205, section 319 as amended by 1996 PA 587, and section 323 as amended by 1994 PA 449, and by adding section 50a.
The bill was read a third time.
The question being on the passage of the bill,
Rep. Thomas moved that consideration of the bill be postponed for the day.
The motion prevailed.
House Bill No. 5752, entitled
A bill to amend 1954 PA 188, entitled "An act to provide for the making of certain improvements by townships; to provide for paying for the improvements by the issuance of bonds; to provide for the levying of taxes; to provide for assessing the whole or a part of the cost of improvements against property benefited; and to provide for the issuance of bonds in anticipation of the collection of special assessments and for the obligation of the township on the bonds," by amending sections 2 and 3 (MCL 41.722 and 41.723), as amended by 1995 PA 139.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 734 Yeas--97
Agee Fitzgerald Kilpatrick Price
Alley Frank Kukuk Profit
Anthony Freeman LaForge Prusi
Baade Galloway Law Quarles
Baird Geiger Leland Raczkowski
Bankes Gernaat LeTarte Rhead
Basham Gilmer Llewellyn Richner
Birkholz Gire London Rocca
Bobier Godchaux Lowe Sanborn
Bodem Goschka Mans Schauer
Bogardus Green Martinez Schermesser
Brackenridge Gubow Mathieu Scott
Brewer Gustafson McBryde Scranton
Byl Hale McManus Sikkema
Callahan Hammerstrom McNutt Stallworth
Cassis Hanley Middaugh Tesanovich
Cherry Harder Middleton Thomas
Crissman Hood Murphy Vaughn
Cropsey Horton Nye Voorhees
Curtis Jansen Olshove Walberg
Dalman Jelinek Owen Wallace
DeHart Jellema Palamara Wetters
DeVuyst Johnson Parks Whyman
Dobb Kelly Perricone Wojno
Dobronski
Nays--3
Brown Kaza Willard
In The Chair: DeHart
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 Joint Resolution CC, entitled
A joint resolution proposing an amendment to the state constitution of 1963, by amending section 13 of article V to require a special election to fill a vacancy in the office of state senator or state representative under certain circumstances.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Local Government,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Schermesser moved that the joint resolution be placed on the order of Third Reading of Bills.
The motion prevailed, a majority of the members voting therefor.
House Bill No. 4193, entitled
A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding section 9162.
The bill was read a second time.
Rep. Scott 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. 5072, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 5101, 5111, 5123, 5129, and 20191 (MCL 333.5101, 333.5111, 333.5123, 333.5129, and 333.20191), sections 5101, 5111, and 5123 as amended by 1994 PA 200, section 5129 as amended by 1995 PA 253, and section 20191 as amended by 1994 PA 419.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Health Policy,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Scranton 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. 5687, entitled
A bill to amend 1987 PA 230, entitled "Municipal health facilities corporations act," by amending section 304 (MCL 331.1304), as amended by 1988 PA 502.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Health Policy,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Alley 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. 5817, entitled
A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding part 92A.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Health Policy,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Wojno moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed, a majority of the members voting therefor.
Senate Bill No. 862, entitled
A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding section 21528.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Health Policy,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
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. 1099, entitled
A bill to amend 1966 PA 331, entitled "Community college act of 1966," by amending sections 128, 129, and 131 (MCL 389.128, 389.129, and 389.131), as added by 1998 PA 51.
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. 5859, entitled
A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 7ff (MCL 211.7ff), as amended by 1998 PA 18.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Tax Policy,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Hanley 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. 5044, entitled
A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 2441 (MCL 600.2441).
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Judiciary,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. 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.
House Bill No. 5880, entitled
A bill to amend 1976 PA 451, entitled "The revised school code," (MCL 380.1 to 380.1852) by adding section 1137a.
The bill was read a second time.
Rep. Dalman 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. 5881, entitled
A bill to amend 1974 PA 258, entitled "Mental health code," by amending section 746 (MCL 330.1746) and by adding section 747.
The bill was read a second time.
Rep. Wojno moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed, a majority of the members voting therefor.
House Bill No. 5884, entitled
A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding sections 16290 and 20175a.
The bill was read a second time.
Rep. Scott moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed, a majority of the members voting therefor.
By unanimous consent the House returned to the order of
Third Reading of Bills
Pending the Third Reading of
Senate Bill No. 606, entitled
A bill to amend 1893 PA 206, entitled "The general property tax act," (MCL 211.1 to 211.157) by adding section 53d.
Rep. Thomas moved to reconsider the vote by which the House placed the bill on the order of Third Reading of Bills.
The motion prevailed, a majority of the members present voting therefor.
Second Reading of Bills
Senate Bill No. 606, entitled
A bill to amend 1893 PA 206, entitled "The general property tax act," (MCL 211.1 to 211.157) by adding section 53d.
Rep. Thomas moved to reconsider the vote by which the House adopted the amendments offered previously by Rep. Martinez.
The motion prevailed, a majority of the members present voting therefor.
The question being on the adoption of the amendments offered previously by Rep. Martinez,
Rep. Martinez withdrew the amendments.
Rep. Baade moved to amend the bill as follows:
1. Amend page 2, line 1, after "CLAIMED" by inserting "BEFORE JANUARY 1, 1998,".
2. Amend page 2, line 8, after "OWNER'S" by striking out "PROTEST" and inserting "PROTEST, AND THE PROPERTY OWNER SUBSEQUENTLY FILED AN APPEAL WITH THE MICHIGAN TAX TRIBUNAL AND THAT APPEAL WAS DENIED".
The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.
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.
Rep. Thomas moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
______
Rep. Crissman moved that Rep. Dobb be excused temporarily from today's session.
The motion prevailed.
By unanimous consent the House returned to the order of
Third Reading of Bills
Senate Bill No. 606, entitled
A bill to amend 1893 PA 206, entitled "The general property tax act," (MCL 211.1 to 211.157) by adding section 53d.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 735 Yeas--101
Agee Dobronski Johnson Profit
Alley Emerson Kaza Prusi
Anthony Fitzgerald Kelly Quarles
Baade Frank Kilpatrick Raczkowski
Baird Freeman Kukuk Rhead
Bankes Galloway LaForge Richner
Basham Geiger Law Rocca
Birkholz Gernaat Leland Sanborn
Bobier Gilmer Llewellyn Schauer
Bodem Gire London Schermesser
Bogardus Godchaux Lowe Schroer
Brackenridge Goschka Mans Scott
Brater Green McBryde Sikkema
Brewer Griffin McManus Stallworth
Brown Gubow McNutt Tesanovich
Byl Gustafson Middaugh Thomas
Callahan Hale Middleton Varga
Cassis Hammerstrom Murphy Vaughn
Cherry Hanley Nye Voorhees
Ciaramitaro Harder Olshove Walberg
Crissman Hood Owen Wallace
Cropsey Horton Palamara Wetters
Curtis Jansen Parks Whyman
Dalman Jelinek Perricone Willard
DeHart Jellema Price Wojno
DeVuyst
Nays--2
Martinez Scranton
In The Chair: DeHart
Pursuant to Joint Rule 20, the full title of the act shall read as follows:
"An act to provide for the assessment of rights and interests, including leasehold interests, in property and the levy and collection of taxes thereon, and for the collection of taxes levied; making such taxes a lien on the property taxed, establishing and continuing the lien, providing for the sale and conveyance of property delinquent for taxes, and for the inspection and disposition of lands bid off to the state and not redeemed or purchased; to provide for the establishment of a delinquent tax revolving fund and the borrowing of money by counties and the issuance of notes; to define and limit the jurisdiction of the courts in proceedings in connection therewith; to limit the time within which actions may be brought; to prescribe certain limitations with respect to rates of taxation; to prescribe certain powers and duties of certain officers, departments, agencies, and political subdivisions of this state; to provide for certain reimbursements of certain expenses incurred by units of local government; to provide penalties for the violation of this act; and to repeal certain acts and parts of acts in anywise contravening any of the provisions of this act,".
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. Scranton, having reserved the right to explain her protest against the passage of the bill, made the following statement:
"Mr. Speaker and members of the House:
I voted No on this bill by error. I should have voted yes. I am glad my no vote did not cause this bill to be defeated."
Second Reading of Bills
House Bill No. 5248, entitled
A bill to amend 1913 PA 271, entitled "An act to create the Michigan historical commission; to provide for the appointment of members of the commission; to fix their terms of office, prescribe their powers and duties; to prescribe the powers and duties of certain state agencies and officers; to make an appropriation to carry out the provisions of this act; to provide for the distribution of certain revenue; to provide for the listing and destruction of useless documents, books and papers; and to repeal all acts and parts of acts inconsistent herewith," by amending section 4 (MCL 399.4), as amended by 1992 PA 190, and by adding section 4b.
The bill was read a second time.
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.
House Bill No. 5783, entitled
A bill to amend 1987 PA 173, entitled "Mortgage brokers, lenders, and servicers licensing act," by amending section 25 (MCL 445.1675), as amended by 1996 PA 210.
Was read a second time, and the question being on the adoption of the proposed substitute (H-4) previously recommended by the Committee on Urban Policy and Economic Development,
The substitute (H-4) was adopted, a majority of the members serving voting therefor.
Rep. Byl 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. 5784, entitled
A bill to amend 1981 PA 125, entitled "The secondary mortgage loan act," by amending section 2 (MCL 493.52), as amended by 1997 PA 91.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Urban Policy and Economic Development,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Byl 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. Callahan moved that Rep. Tesanovich be excused temporarily from today's session.
The motion prevailed.
By unanimous consent the House returned to the order of
Third Reading of Bills
Rep. Thomas moved that House Bill No. 5783 be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
House Bill No. 5783, entitled
A bill to amend 1987 PA 173, entitled "Mortgage brokers, lenders, and servicers licensing act," by amending section 25 (MCL 445.1675), as amended by 1996 PA 210.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 736 Yeas--102
Agee Dobronski Kelly Profit
Alley Emerson Kilpatrick Prusi
Anthony Fitzgerald Kukuk Quarles
Baade Frank LaForge Raczkowski
Baird Freeman Law Rhead
Bankes Galloway Leland Richner
Basham Geiger LeTarte Rocca
Birkholz Gernaat Llewellyn Sanborn
Bobier Gilmer London Schauer
Bodem Gire Lowe Schermesser
Bogardus Godchaux Mans Schroer
Brackenridge Goschka Martinez Scott
Brater Green Mathieu Scranton
Brewer Griffin McBryde Sikkema
Brown Gubow McManus Stallworth
Byl Gustafson McNutt Thomas
Callahan Hale Middaugh Varga
Cassis Hammerstrom Middleton Vaughn
Cherry Hanley Murphy Voorhees
Ciaramitaro Hood Nye Walberg
Crissman Horton Olshove Wallace
Cropsey Jansen Palamara Wetters
Curtis Jelinek Parks Whyman
DeHart Jellema Perricone Willard
DeVuyst Johnson Price Wojno
Dobb Kaza
Nays--0
In The Chair: DeHart
The question being on agreeing to the title of the bill,
Rep. Thomas moved to amend the title to read as follows:
A bill to amend 1987 PA 173, entitled "Mortgage brokers, lenders, and servicers licensing act," by amending section 25 (MCL 445.1675), as amended by 1996 PA 210, and by adding section 25a.
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. Thomas moved that House Bill No. 5784 be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
House Bill No. 5784, entitled
A bill to amend 1981 PA 125, entitled "The secondary mortgage loan act," by amending section 2 (MCL 493.52), as amended by 1997 PA 91.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 737 Yeas--99
Agee Dobronski Johnson Prusi
Alley Emerson Kaza Quarles
Anthony Fitzgerald Kelly Rhead
Baade Frank Kilpatrick Richner
Bankes Freeman Kukuk Rocca
Basham Galloway LaForge Sanborn
Birkholz Geiger Law Schauer
Bodem Gernaat Leland Schermesser
Bogardus Gilmer LeTarte Schroer
Brackenridge Gire London Scott
Brater Godchaux Lowe Scranton
Brewer Goschka Mans Sikkema
Brown Green Martinez Stallworth
Byl Gubow McBryde Tesanovich
Callahan Gustafson McManus Thomas
Cassis Hale McNutt Varga
Cherry Hammerstrom Middaugh Vaughn
Ciaramitaro Hanley Middleton Voorhees
Crissman Harder Murphy Walberg
Cropsey Hertel Nye Wallace
Curtis Hood Palamara Wetters
Dalman Horton Parks Whyman
DeHart Jansen Perricone Willard
DeVuyst Jelinek Price Wojno
Dobb Jellema Profit
Nays--0
In The Chair: DeHart
The question being on agreeing to the title of the bill,
Rep. Thomas moved to amend the title to read as follows:
A bill to amend 1981 PA 125, entitled "The secondary mortgage loan act," by amending section 29a (MCL 493.79a), as added by 1994 PA 261.
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.
Second Reading of Bills
House Bill No. 5820, entitled
A bill to amend 1975 PA 228, entitled "Single business tax act," (MCL 208.1 to 208.145) by adding section 39c.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Tax Policy,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Scranton moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed, a majority of the members voting therefor.
Pending the Second Reading of
House Bill No. 5863, entitled
A bill to amend 1974 PA 198, entitled "An act to provide for the establishment of plant rehabilitation districts and industrial development districts in local governmental units; to provide for the exemption from certain taxes; to levy and collect a specific tax upon the owners of certain facilities; to provide for the disposition of the tax; to provide for the obtaining and transferring of an exemption certificate and to prescribe the contents of those certificates; to prescribe the powers and duties of the state tax commission and certain officers of local governmental units; and to provide penalties," by amending section 9 (MCL 207.559), as amended by 1996 PA 513.
Rep. Thomas moved that the bill be re-referred to the Committee on Tax Policy.
The motion prevailed.
House Bill No. 5875, entitled
A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 56a (MCL 211.56a).
The bill was read a second time.
Rep. Birkholz 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. 5871, entitled
A bill to provide for the sale of real and personal property for less than its market value by a local governmental unit to a nonprofit charitable organization under certain circumstances.
Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Urban Policy and Economic Development,
The substitute (H-2) was not adopted, a majority of the members serving not voting therefor.
Rep. Schauer moved to substitute (H-3) the bill.
The motion prevailed and the substitute (H-3) was adopted, a majority of the members serving voting therefor.
Rep. Cassis moved to amend the bill as follows:
1. Amend page 2, line 15, after "of" by inserting "senior and".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Schauer moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed, a majority of the members voting therefor.
House Bill No. 5801, entitled
A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 39 (MCL 211.39).
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Tax Policy,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Rocca 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. 5892, entitled
A bill to amend 1975 PA 228, entitled "Single business tax act," by amending section 6 (MCL 208.6) and by adding section 21b.
The bill was read a second time.
Rep. Profit moved to substitute (H-1) the bill.
The motion prevailed and the substitute (H-1) 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.
House Bill No. 5909, entitled
A bill to amend 1941 PA 122, entitled "An act to establish a revenue division of the department of treasury; to prescribe its powers and duties as the revenue collection agency of the state; to prescribe certain powers and duties of the state treasurer; to create the position and to define the powers and duties of the state commissioner of revenue; to provide for the transfer of powers and duties now vested in certain other state boards, commissions, departments and offices; to prescribe certain duties of and require certain reports from the department of treasury; to provide procedures for the payment, administration, audit, assessment, levy of interests or penalties on, and appeals of taxes and tax liability; to prescribe its powers and duties if an agreement to act as agent for a city to administer, collect, and enforce the city income tax act on behalf of a city is entered into with any city; to provide an appropriation; to abolish the state board of tax administration; and to declare the effect of this act," by amending section 27a (MCL 205.27a), as amended by 1993 PA 14.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Tax Policy,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. 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.
By unanimous consent the House returned to the order of
Motions and Resolutions
Rep. Nye moved that the Committee on Judiciary be discharged from further consideration of Senate Joint Resolution R.
(For first notice see House Journal No. 63, p. 1627.)
The question being on the motion by Rep. Nye,
Rep. Nye demanded the yeas and nays.
The demand was supported.
The question being on the motion by Rep. Nye,
The motion did not prevail, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 738 Yeas--52
Bankes Fitzgerald Jellema Middleton
Birkholz Galloway Johnson Nye
Bobier Geiger Kaza Perricone
Bodem Gernaat Kukuk Raczkowski
Brackenridge Gilmer Law Rhead
Byl Godchaux LeTarte Richner
Cassis Goschka Llewellyn Rocca
Crissman Green London Sanborn
Cropsey Gustafson Lowe Scranton
Curtis Hammerstrom McBryde Sikkema
Dalman Horton McManus Voorhees
DeVuyst Jansen McNutt Walberg
Dobb Jelinek Middaugh Whyman
Nays--54
Agee Dobronski LaForge Schauer
Alley Emerson Leland Schermesser
Anthony Frank Mans Schroer
Baade Freeman Martinez Scott
Baird Gire Mathieu Stallworth
Basham Griffin Murphy Tesanovich
Bogardus Gubow Olshove Thomas
Brater Hale Palamara Varga
Brewer Hanley Parks Vaughn
Brown Harder Price Wallace
Callahan Hertel Profit Wetters
Cherry Hood Prusi Willard
Ciaramitaro Kelly Quarles Wojno
DeHart Kilpatrick
In The Chair: DeHart
Messages from the Senate
The Speaker laid before the House
House Bill No. 4332, entitled
A bill to amend 1933 (Ex Sess) PA 8, entitled "The Michigan liquor control act," by amending section 19c (MCL 436.19c), as amended by 1996 PA 440.
(The bill was received from the Senate on June 10, with substitute (S-1), title amendment and immediate effect given by the Senate, consideration of which, under the rules, was postponed until June 11, see House Journal No. 57, p. 1399; amended and bill postponed temporarily on June 18, see House Journal No. 61, p. 1546.)
The question being on concurring in the adoption of the substitute (S-1), as amended,
Rep. Alley moved to amend the Senate substitute (S-1) as follows:
1. Amend page 5, line 9, after "COMMISSION" by striking out "SHALL" and inserting "MAY".
2. Amend page 5, line 12, after "PREMISES." by striking out the balance of the line through line 14.
The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.
Rep. Gubow moved to reconsider the vote by which the House adopted the amendments offered previously by Rep. Gubow,
The motion prevailed, a majority of the members present voting therefor.
The question being on the adoption of the amendments offered previously by Rep. Gubow,
Rep. Gubow moved that amendment Nos. 1 and 2 be considered separately.
The motion prevailed.
The question being on the adoption of amendment Nos. 1 and 2 offered previously by Rep. Gubow,
Rep. Gubow withdrew the amendments.
The question being on the adoption of amendment Nos. 3 and 4 offered previously by Rep. Gubow,
The amendments were adopted, a majority of the members serving voting therefor.
The question being on concurring in the Senate substitute (S-1), as amended,
The Senate substitute (S-1), as amended, was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 739 Yeas--73
Agee Dobronski Johnson Price
Alley Emerson Kelly Prusi
Anthony Frank Kilpatrick Quarles
Bankes Freeman Kukuk Raczkowski
Bobier Galloway LaForge Rocca
Bodem Gernaat Law Sanborn
Bogardus Gilmer Leland Schauer
Brackenridge Gire Mans Scott
Brater Godchaux Mathieu Scranton
Brewer Griffin McBryde Stallworth
Brown Gubow McManus Tesanovich
Byl Gustafson McNutt Thomas
Cassis Hale Middaugh Varga
Cherry Hanley Middleton Vaughn
Ciaramitaro Harder Murphy Wallace
Crissman Hertel Olshove Wetters
DeHart Hood Palamara Whyman
DeVuyst Jelinek Parks Wojno
Dobb
Nays--30
Baird Goschka Llewellyn Rhead
Basham Green London Richner
Birkholz Hammerstrom Lowe Schermesser
Callahan Horton Martinez Sikkema
Cropsey Jansen Nye Voorhees
Dalman Jellema Perricone Walberg
Fitzgerald Kaza Profit Willard
Geiger LeTarte
In The Chair: DeHart
The House agreed to the title as amended.
Reps. Anthony, Crissman, Dobb, Kukuk, Law and Vaughn were named co-sponsors of the bill.
Notices
I hereby give notice that on the next legislative session day I will move to reconsider the vote by which the House concurred in the Senate substitute (S-1) to House Bill No. 4332.
Rep. Alley
Rep. Thomas moved that House Committees be given leave to meet during the balance of today's session.
The motion prevailed.
Rep. Thomas moved that when the House adjourns today it stand adjourned until Tuesday, June 30, at 10:00 a.m.
The motion prevailed.
By unanimous consent the House returned to the order of
Motions and Resolutions
Reps. Thomas, Voorhees, Lowe, London, DeVuyst, Goschka, Horton, Martinez, Jellema, Fitzgerald, Varga, Harder, Kaza, Dobronski, Cherry, Freeman, LaForge, Gubow, Godchaux, Scranton, Kilpatrick, Hanley, Parks, Perricone, Cassis, Birkholz, Richner, Cropsey, Leland, Kelly, Profit, Bodem, Llewellyn, LeTarte, Gire, Jelinek, Schauer, Hale, McBryde, Baade, Baird, Vaughn, Tesanovich, Dobb, Schermesser, Bogardus, Dalman, Scott, Anthony, Murphy, Quarles and Brater offered the following resolution:
House Resolution No. 342.
A resolution recognizing Michigan's Underground Railroad heritage.
Whereas, The metropolitan area of Battle Creek was known as an "abolitionist hole" where freedom lovers risked personal life and liberty to protect and assist freedom seekers from Southern enslavement; and
Whereas, Among the ordinary citizens embroiled in the historical movement known as the Underground Railroads were Battle Creek heroes and heroines Erastus and Sarah Hussey, Silas Dodge, Abel Densmore, Henry Willis, Theron H. Chadwick and Samuel Strauther, a colored man; and
Whereas, The deeds of these and other citizens in the surrounding areas and throughout Michigan stand as a reminder of the legacy of freedom--"We hold these truths to be self evident that all men, women and children are created equal..." that has made our nation special; and
Whereas, The story of the Underground Railroad carries with it a message of the yearning of an enslaved people for freedom and of resistance on the part of common people to a legally sanctioned system of oppression; and
Whereas, The United States Congress and the Michigan House of Representatives recognize the need to promote and preserve this legacy and has thus enacted legislation to focus on this heritage; and
Whereas, The citizens of Battle Creek have taken extraordinary measures to insure that both our national and Michigan Underground Railroad heritage is preserved through the creation of the Underground Railroad Sculpture; now, therefore, be it
Resolved by the House of Representatives, That members of this legislative body recognize the occasion of the Second Annual Michigan Underground Railroad Summit sponsored by the Michigan Black History Network, Michigan Historical Center and the Michigan Underground Railroad Association; and be it further
Resolved, That we commend the contemporary Battle Creek community, for its vision to preserve national and local heritage; the members of the Underground Railroad Sculpture Committee, whose time and commitment resulted in the institution of the sculpture in 1993 and whose efforts have left for all to know and enjoy an important piece of American history; the Kellogg Foundation, for its stewardship in providing funds for the sculpture; and the City of Battle Creek, for the pride and concern exhibited in spreading the message of our nation's Underground Railroad heritage.
Pending the reference of the resolution to a committee,
Rep. Thomas moved that Rule 77 be suspended and the resolution be considered at this time.
The motion prevailed, 3/5 of the members present voting therefor.
The question being on the adoption of the resolution,
The resolution was adopted, a majority of the members serving voting therefor.
Reps. Bodem, Voorhees, Lowe, London, Goschka, Horton, Jellema, Fitzgerald, Dobronski, Cherry, Freeman, LaForge, Gubow, Scranton, Kilpatrick, Parks, Hammerstrom, Perricone, Cassis, Birkholz, Richner, Cropsey, Leland, Profit, Crissman, Llewellyn, Jelinek, Schauer, Hale, McBryde, Baird, Vaughn, Dobb, Dalman and Brater offered the following resolution:
House Resolution No. 343.
A resolution in support of the "Connecting Michigan" conference, September 27-29, 1998, in Battle Creek, Michigan.
Whereas, Michigan's cultural, historic, environmental and recreation assets are rich and diverse; and
Whereas, House Resolution No. 671, adopted on November 20, 1986, and Senate Resolution No. 590, adopted on July 1, 1986, recognized Michigan's unique opportunity to celebrate its historical, natural and cultural diversity by linking these assets into a statewide trails network called the "Discover Michigan" Trail; and
Whereas, The process of development, evolution and the successes of the "Discover Michigan" Trail example establishes Michigan as a national leader in greenway development; and
Whereas, The "Discover Michigan" Trail is a vigorous partnership of diverse public interest. The partnership is based on cooperation, coordination and coalition between Michigan's leading citizens, business leaders and successful communities with assistance of state and local government; and
Whereas, The partnership work of citizens, business, and government has created unequaled opportunity to link Michigan's historical, cultural and recreational opportunities while promoting healthy lifestyles and a lifelong sport; and
Whereas, Pathways, water trails and greenways benefit the quality of life for Michigan's citizens by creating business opportunities and strengthening communities; and
Whereas, Michigan is a leader in the development of partnerships for pathways, greenways, water trails, railways and trails that are unequaled in America; and
Whereas, Battle Creek, Michigan is hosting a conference to celebrate the successes of Michigan's greenway partnerships and seek out ways for Michigan's rich and diverse assets to be linked into a world class network of greenways, "Connecting Michigan"; and
Whereas, The purpose of the "Connecting Michigan" conference is to establish an open forum for discussion of greenway, water trail, pathway and railways issues; now, therefore, be it
Resolved by the House of Representatives, That members of this legislative body encourage all citizens to join in the celebration of Michigan's trails and participate with leaders in recreation, business and government to create greenways for the 21st Century, by "Connecting Michigan".
Pending the reference of the resolution to a committee,
Rep. Thomas moved that Rule 77 be suspended and the resolution be considered at this time.
The motion prevailed, 3/5 of the members present voting therefor.
The question being on the adoption of the resolution,
The resolution was adopted, a majority of the members serving voting therefor.
Reps. Sanborn, Horton, Cropsey, Scranton, Godchaux, Rocca, Goschka, Jelinek, Dalman, Jansen, Voorhees and DeVuyst offered the following resolution:
House Resolution No. 344.
A resolution to memorialize the Congress of the United States to amend the Americans With Disabilities Act to ensure that it does not apply to prisoners.
Whereas, The Americans With Disabilities Act provides important safeguards for people with needs for special accommodations. The legislation protects the interests of millions of people and enables them to participate more fully in many aspects of life; and
Whereas, One area of impact of the Americans With Disabilities Act that needs to be addressed is how the law is applied to prisoners. On June 15, 1998, the United States Supreme Court ruled that the ADA does apply to a Pennsylvania prisoner denied participation in a boot camp program because of an earlier diagnosis of high blood pressure. This case was the subject of considerable attention by corrections officials across the country. More than thirty states, including Michigan, filed briefs extending their support for the state of Pennsylvania and the contention that the ADA does not apply to prisoners. This position was strongly supported by several associations of corrections personnel and elected officials. The Supreme Court ruling is a source of great concern, and corrections authorities are now afraid of a flood of litigation in response to the case; and
Whereas, Other federal courts have used the ADA to rule that an asthmatic prisoner with heart trouble and a hernia should get cable television in his cell. Another federal court said that a prisoner with muscular dystrophy should be released for daily whirlpool therapy in his $10,000 home hot tub; and
Whereas, There are a host of reasons why the federal legislation should not apply to prisoners. Security could be compromised. The authority of corrections officials would suffer. Applying the ADA to state and local prisons and jails makes states, cities, and counties liable for tens of millions of dollars in prison renovations to accommodate "disabled" lawbreakers; and
Whereas, The law's application greatly restricts the sovereign authority of the states to carry out responsibilities for corrections; and
Whereas, Applying the ADA to prisoners will virtually ensure a drastic increase in the number of costly and time-consuming jailhouse lawsuits. This issue needs to be remedied as soon as possible; now, therefore, be it
Resolved by the House of Representatives, That we memorialize the Congress of the United States to amend the Americans With Disabilities Act to ensure that it does not apply to prisoners; and be it further
Resolved, That copies of this resolution be transmitted to the President of the United States Senate, the Speaker of the United States House of Representatives, and the members of the Michigan congressional delegation.
The resolution was referred to the Committee on House Oversight and Ethics.
Reports of Standing Committees
The Committee on Tax Policy, by Rep. Profit, Chair, reported
House Bill No. 5109, entitled
A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending sections 351 and 365 (MCL 206.351 and 206.365), section 351 as amended by 1996 PA 264 and section 365 as amended by 1996 PA 448.
With the recommendation that the substitute (H-1) be adopted and that the bill then pass.
The bill and substitute were referred to the order of Second Reading of Bills.
Favorable Roll Call
HB 5109 To Report Out:
Yeas: Reps. Profit, Quarles, Freeman, Palamara, Perricone, Brackenridge, Cassis, Dobb, Goschka, Middleton,
Nays: None.
The Committee on Tax Policy, by Rep. Profit, Chair, reported
House Bill No. 5134, entitled
A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending section 30 (MCL 206.30), as amended by 1995 PA 230; and to repeal acts and parts of acts.
With the recommendation that the substitute (H-1) be adopted and that the bill then pass.
The bill and substitute were referred to the order of Second Reading of Bills.
Favorable Roll Call
HB 5134 To Report Out:
Yeas: Reps. Profit, Quarles, Palamara, Perricone, Brackenridge, Cassis, Dobb, Goschka, Middleton,
Nays: None.
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Profit, Chair of the Committee on Tax Policy, was received and read:
Meeting held on: Wednesday, June 24, 1998, at 8:00 a.m.,
Present: Reps. Profit, Quarles, Agee, Freeman, Hanley, Palamara, Wojno, Perricone, Brackenridge, Cassis, Dobb, Goschka, Middleton,
Absent: Reps. Gubow, Wallace, Wetters, Whyman,
Excused: Reps. Gubow, Wallace, Wetters, Whyman.
The Committee on House Oversight and Ethics, by Rep. Gagliardi, Chair, reported
House Bill No. 5551, entitled
A bill to amend 1927 PA 372, entitled "An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms and gas ejecting devices; to prohibit the buying, selling, or carrying of certain firearms and gas ejecting devices without a license; to provide for the forfeiture of firearms possessed in violation of this act; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; and to repeal all acts and parts of acts inconsistent with the provisions of this act," by amending the title and sections 8 and 12a (MCL 28.428 and 28.432a), the title as amended by 1990 PA 320, and by adding sections 1a, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5h, 5i, 5n, and 5o; and to repeal acts and parts of acts.
With the recommendation that the substitute (H-5) 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 5551 To Report Out:
Yeas: Reps. Gagliardi, Cherry, Brewer, DeHart, Gustafson, DeVuyst, Goschka, Perricone, Voorhees,
Nays: Reps. Agee, Hanley, Kilpatrick, Wallace, Wojno, Fitzgerald, Richner.
The Committee on House Oversight and Ethics, by Rep. Gagliardi, Chair, reported
House Bill No. 5552, entitled
A bill to amend 1927 PA 372, entitled "An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms and gas ejecting devices; to prohibit the buying, selling, or carrying of certain firearms and gas ejecting devices without a license; to provide for the forfeiture of firearms possessed in violation of this act; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; and to repeal all acts and parts of acts inconsistent with the provisions of this act," by amending sections 12 and 14 (MCL 28.432 and 28.434); and to repeal acts and parts of acts.
With the recommendation that the substitute (H-2) be adopted and that the bill then pass.
The bill and substitute were referred to the order of Second Reading of Bills.
Favorable Roll Call
HB 5552 To Report Out:
Yeas: Reps. Gagliardi, Cherry, DeHart, Gustafson, DeVuyst, Goschka, Perricone, Richner, Voorhees,
Nays: Reps. Kilpatrick, Fitzgerald.
The Committee on House Oversight and Ethics, by Rep. Gagliardi, Chair, reported
House Bill No. 5553, entitled
A bill to amend 1927 PA 372, entitled "An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms and gas ejecting devices; to prohibit the buying, selling, or carrying of certain firearms and gas ejecting devices without a license; to provide for the forfeiture of firearms possessed in violation of this act; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; and to repeal all acts and parts of acts inconsistent with the provisions of this act," (MCL 28.421 to 28.434) by adding section 5k.
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 5553 To Report Out:
Yeas: Reps. Gagliardi, Cherry, Agee, Brewer, DeHart, Hanley, Wojno, Gustafson, DeVuyst, Goschka, Perricone, Richner, Voorhees,
Nays: Reps. Kilpatrick, Fitzgerald.
The Committee on House Oversight and Ethics, by Rep. Gagliardi, Chair, reported
House Bill No. 5554, entitled
A bill to amend 1927 PA 372, entitled "An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms and gas ejecting devices; to prohibit the buying, selling, or carrying of certain firearms and gas ejecting devices without a license; to provide for the forfeiture of firearms possessed in violation of this act; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; and to repeal all acts and parts of acts inconsistent with the provisions of this act," (MCL 28.421 to 28.434) by adding section 5l.
With the recommendation that the substitute (H-2) be adopted and that the bill then pass.
The bill and substitute were referred to the order of Second Reading of Bills.
Favorable Roll Call
HB 5554 To Report Out:
Yeas: Reps. Gagliardi, Cherry, Agee, Brewer, DeHart, Hanley, Kilpatrick, Wojno, Gustafson, DeVuyst, Goschka, Perricone, Richner, Voorhees,
Nays: Rep. Fitzgerald.
The Committee on House Oversight and Ethics, by Rep. Gagliardi, Chair, reported
House Bill No. 5555, entitled
A bill to amend 1927 PA 372, entitled "An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms and gas ejecting devices; to prohibit the buying, selling, or carrying of certain firearms and gas ejecting devices without a license; to provide for the forfeiture of firearms possessed in violation of this act; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; and to repeal all acts and parts of acts inconsistent with the provisions of this act," (MCL 28.421 to 28.434) by adding section 5m; and to repeal acts and parts of acts.
With the recommendation that the substitute (H-2) be adopted and that the bill then pass.
The bill and substitute were referred to the order of Second Reading of Bills.
Favorable Roll Call
HB 5555 To Report Out:
Yeas: Reps. Gagliardi, Cherry, Agee, Brewer, DeHart, Hanley, Wojno, Gustafson, DeVuyst, Goschka, Perricone, Richner, Voorhees,
Nays: Reps. Kilpatrick, Fitzgerald.
The Committee on House Oversight and Ethics, by Rep. Gagliardi, Chair, reported
House Bill No. 5556, entitled
A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 239 (MCL 750.239).
With the recommendation that the substitute (H-1) be adopted and that the bill then pass.
The bill and substitute were referred to the order of Second Reading of Bills.
Favorable Roll Call
HB 5556 To Report Out:
Yeas: Reps. Gagliardi, Cherry, Agee, Brewer, DeHart, Wojno, Gustafson, DeVuyst, Goschka, Perricone, Voorhees,
Nays: Rep. Fitzgerald.
The Committee on House Oversight and Ethics, by Rep. Gagliardi, Chair, reported
House Bill No. 5557, entitled
A bill to amend 1976 PA 267, entitled "Open meetings act," by amending section 8 (MCL 15.268), as amended by 1996 PA 464.
With the recommendation that the substitute (H-2) be adopted and that the bill then pass.
The bill and substitute were referred to the order of Second Reading of Bills.
Favorable Roll Call
HB 5557 To Report Out:
Yeas: Reps. Gagliardi, Cherry, Agee, Brewer, DeHart, Gustafson, DeVuyst, Goschka, Perricone, Richner, Voorhees,
Nays: Rep. Fitzgerald.
The Committee on House Oversight and Ethics, by Rep. Gagliardi, Chair, reported
House Concurrent Resolution No. 112.
A concurrent resolution to amend the Joint Rules of the Senate and the House of Representatives.
(For text of resolution, see House Journal No. 61, p. 1560.)
With the recommendation that the concurrent resolution be adopted.
The Speaker announced that under Rule 77 the concurrent resolution would lie over one day.
Favorable Roll Call
HCR 112 To Report Out:
Yeas: Reps. Gagliardi, Cherry, Agee, Brewer, DeHart, Hanley, Wojno, Gustafson, DeVuyst, Fitzgerald, Goschka, Perricone, Richner, Voorhees,
Nays: None.
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Gagliardi, Chair of the Committee on House Oversight and Ethics, was received and read:
Meeting held on: Wednesday, June 24, 1998, at 2:15 p.m.,
Present: Reps. Gagliardi, Cherry, Agee, Brewer, DeHart, Hanley, Kilpatrick, Wallace, Wojno, Gustafson, DeVuyst, Fitzgerald, Goschka, Perricone, Richner, Voorhees,
Absent: Rep. Varga,
Excused: Rep. Varga.
The Committee on Agriculture, by Rep. Wetters, Chair, reported
Senate Bill No. 1093, entitled
A bill to amend 1982 PA 239, entitled "An act to license and regulate animal food manufacturing plants, transfer stations, dead animal dealers, rendering plants, and certain vehicles; to regulate the disposal of dead animals and to provide for poultry composting; to prescribe the powers and duties of certain state departments; to impose fees; to prescribe penalties; and to repeal certain acts and parts of acts," by amending the title and sections 3, 15, 19, 21, 23, and 29 (MCL 287.653, 287.665, 287.669, 287.671, 287.673, and 287.679), the title and sections 3, 15, 19, 23, and 29 as amended by 1993 PA 228 and section 21 as amended by 1996 PA 65, and by adding section 28.
With the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
SB 1093 To Report Out:
Yeas: Reps. Wetters, Baade, Bogardus, LaForge, Willard, Green, DeVuyst, Jelinek, Nye,
Nays: None.
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Wetters, Chair of the Committee on Agriculture, was received and read:
Meeting held on: Thursday, June 25, 1998, at 8:00 a.m.,
Present: Reps. Wetters, Vaughn, Baade, Bogardus, LaForge, Willard, Green, DeVuyst, Gernaat, Jelinek, Nye,
Absent: Reps. Brewer, Horton,
Excused: Reps. Brewer, Horton.
Messages from the Senate
House Bill No. 5280, entitled
A bill to amend 1991 PA 179, entitled "An act to regulate and insure the availability of certain telecommunication services; to prescribe the powers and duties of certain state agencies and officials; to prescribe penalties; to repeal certain acts and parts of acts; and to repeal this act on a specific date," (MCL 484.2101 to 484.2604) by adding section 505.
The Senate has concurred in the House amendment to the Senate substitute (S-6).
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 5387, entitled
A bill to amend 1913 PA 206, entitled "An act to declare telephone lines and telephone companies within this state to be common carriers; to regulate the telephone business; to confer certain powers, duties, and responsibilities on the public service commission; to provide for the consolidation of telephone lines and telephone companies; to prohibit certain uses of telephone lines and telephone equipment; to regulate persons using telephone lines and telephone equipment; to prescribe a penalty for the violation of this act; and to repeal certain acts and parts of acts on specific dates," by amending section 25 (MCL 484.125), as added by 1980 PA 47.
The Senate has concurred in the House substitute (H-3) to the Senate substitute (S-1).
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
Senate Bill No. 273, entitled
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 Senate has amended the House substitute (H-5) as follows:
1. Amend page 5, line 9, after "BE" by striking out the balance of the line through "1998" on line 10 and inserting "AS PRESCRIBED BY THE DEPARTMENT. BEGINNING JULY 1, 1999,".
The Senate has concurred in the House substitute (H-5) as amended, ordered that the bill be given immediate effect and agreed to the title.
The Speaker announced that pursuant to Rule 45, the bill was laid over one day.
Senate Bill No. 904, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding part 196.
The Senate has nonconcurred in the House substitute (H-1) and appointed Senators Bennett, McManus and DeBeaussaert as conferees.
The message was referred to the Clerk for record.
Senate Bill No. 908, entitled
A bill to make appropriations for the department of community health and certain state purposes related to mental health, public health, and medical services for the fiscal year ending September 30, 1999; to provide for the expenditure of such appropriations; to create funds; to provide for reports; to prescribe the powers and duties of certain local and state agencies and departments; and to provide for disposition of fees and other income received by the various state agencies.
The Senate has nonconcurred in the House substitute (H-1) and appointed Senators Geake, Schwarz and Conroy as conferees.
The message was referred to the Clerk for record.
Senate Bill No. 910, entitled
A bill to make appropriations for the department of education and certain other purposes relating to education for the fiscal year ending September 30, 1999; to provide for the expenditure of the appropriations; to prescribe the powers and duties of certain state departments, school districts, and other governmental bodies; and to provide for the disposition of fees and other income received by certain legal entities and state agencies.
The Senate has nonconcurred in the House substitute (H-1) and appointed Senators DeGrow, Schwarz and Conroy as conferees.
The message was referred to the Clerk for record.
Notices
The Speaker appointed as conferees, on the part of the House of Representatives for Senate Bill No. 904, Reps. Alley, Kilpatrick and Middaugh.
The Speaker appointed as conferees, on the part of the House of Representatives for Senate Bill No. 908, Reps. Ciaramitaro, Emerson and Johnson.
Announcement by the Clerk of Printing and Enrollment
The Clerk announced that the following bills had been printed and placed upon the files of the members, Thursday, June 25:
House Bill Nos. 5957 5958 5959 5960 5961 5962 5963 5964 5965 5966 5967 5968 5969
Messages from the Governor
The following message from the Governor, approving and signing the following bill at the time designated below, was received and read:
Date: June 24, 1998
Time: 1:30 p.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 5304 (Public Act No. 137, I.E.), being
An act to amend 1997 PA 16, entitled "An act to regulate the manufacturing and assembling of public playground equipment; and to provide penalties," by amending section 4 (MCL 408.684).
(Filed with the Secretary of State June 24, 1998, at 3:10 p.m.)
Introduction of Bills
Reps. Brater, Hanley, Martinez, Hale, LaForge, Schauer, Anthony, Cherry and Schermesser introduced
House Bill No. 5970, entitled
A bill to prohibit certain employers from monitoring employee communications unless the employer establishes an employee monitoring policy and discloses that policy to employees; and to provide certain civil remedies.
The bill was read a first time by its title and referred to the Committee on Labor and Occupational Safety.
Reps. Hanley, Brater, Martinez, Hale, LaForge, Schauer, Anthony, Cherry and Schermesser introduced
House Bill No. 5971, entitled
A bill to regulate employer monitoring of employee communications.
The bill was read a first time by its title and referred to the Committee on Labor and Occupational Safety.
Reps. Jelinek, Scranton, Green, Jellema, Birkholz, Gernaat, DeVuyst, Brackenridge, Hammerstrom, Kukuk and Perricone introduced
House Bill No. 5972, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 302, 312e, 688, 705, and 710 (MCL 257.302, 257.312e, 257.688, 257.705, and 257.710), sections 302 and 312e as amended by 1991 PA 100, section 688 as amended by 1990 PA 98, and section 705 as amended by 1995 PA 91.
The bill was read a first time by its title and referred to the Committee on Agriculture.
______
Rep. Gustafson moved that the House adjourn.
The motion prevailed, the time being 1:15 p.m.
Acting Speaker DeHart declared the House adjourned until Tuesday, June 30, at 10:00 a.m.
MARY KAY SCULLION
Clerk of the House of Representatives.