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--excused

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--present

Dobronski--present

Emerson--present

Fitzgerald--present

Frank--present

Freeman--present

Gagliardi--present

Galloway--present

Geiger--present

Gernaat--present

Gilmer--present

Gire--present

Godchaux--present

Goschka--present

Green--present

Griffin--present

Gubow--present

Gustafson--present

Hale--present

Hammerstrom--present

Hanley--present

Harder--present

Hertel--present

Hood--present

Horton--excused

Jansen--present

Jaye--present

Jelinek--present

Jellema--present

Johnson--present

Kaza--present

Kelly--present

Kilpatrick--present

Kukuk--present

LaForge--present

Law--present

Leland--present

LeTarte--present

Llewellyn--present

London--present

Lowe--present

Mans--excused

Martinez--present

Mathieu--present

McBryde--present

McManus--present

McNutt--present

Middaugh--present

Middleton--present

Murphy--present

Nye--present

Olshove--present

Owen--present

Oxender--present

Palamara--present

Parks--present

Perricone--present

Price--present

Profit--present

Prusi--present

Quarles--present

Raczkowski--present

Rhead--present

Richner--present

Rison--present

Rocca--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--present

Whyman--present

Willard--present

Wojno--present

 

 

e/d/s = entered during session

Rep. Martha G. Scott, from the 6th District, offered the following invocation:

 

"The Lord is my light and my salvation, whom shall I fear? The Lord is the very strength of my life, of whom shall I be afraid? We give honor to the Master this afternoon. Father, we thank You for this opportunity. We thank You for the honor in which to be able to serve the people of this great state. Father, we thank You in this 89th Legislature that we have had the opportunity to experience all four of our beautiful seasons. We've had winter, we've had the spring, and we had summer and we have the fall. I just want to thank You, for on July 2nd when we had that devastating storm in my district, that my colleagues and others around this state and this country came to our aid. So Father, I thank You for that, and Father, tomorrow morning we're going to open the Davidson Freeway, and Lord, I just want to thank You for that, because it would have been so devastating to the people of southeastern Michigan and certainly for my district, Highland Park, Hamtramck and Detroit, and all of southeastern Michigan. So we just say to You today, thank You, thank You for this wonderful, beautiful and blessed fall day, that we could come into this chamber and serve the people of the State of Michigan. So Father, Father, we just thank You, thank You, thank You, Amen."

 

 

 

 

Rep. Dobronski moved that Reps. Baade and Mans be excused from today's session.

The motion prevailed.

 

Rep. Hammerstrom moved that Rep. Horton be excused from today's session.

The motion prevailed.

 

 

 

 

October 7, 1997

 

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.

 

 

 

 

The Speaker assumed the Chair.

 

By unanimous consent the House returned to the order of

 

 

House Bill No. 5083, entitled

A bill to amend 1984 PA 431, entitled "The management and budget act," (MCL 18.1101 to 18.1594) by adding section 353e.

Was read a second time, and the question being on the adoption of the proposed substitute (H-6)* previously recommended by the Committee on Appropriations,

The substitute (H-6)* was adopted, a majority of the members serving voting therefor.

Rep. Gilmer moved to substitute (H-7) the bill.

The question being on the adoption of the substitute (H-7) offered by Rep. Gilmer,

Rep. Gilmer demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the substitute (H-7) offered by Rep. Gilmer,

The substitute (H-7) was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:

Roll Call No. 803 Yeas--48

 

 

 

 

Nays--58

 

 

Dobronski Kelly

 

 

In The Chair: Hertel

 

 

Rep. Oxender moved to amend the bill as follows:

1. Amend page 2, line 8, after "353," by inserting "AND EXCEPT AS OTHERWISE PROVIDED IN THIS SUBSECTION,".

2. Amend page 2, line 13, after "(1)." by inserting "EXCEPT AS OTHERWISE PROVIDED IN THIS SUBSECTION,".

3. Amend page 2, line 19, after "REIMBURSEMENT." by inserting "IF A STATUTE CREATING A PROGRAM UNDER WHICH THIS STATE ISSUES ITS BONDS AND USES THE PROCEEDS TO FUND TECHNOLOGY, INFRASTRUCTURE, AND OTHER CAPITAL IMPROVEMENTS FOR DISTRICTS AND INTERMEDIATE DISTRICTS IS ENACTED BEFORE AUGUST 1, 1998, THEN, INSTEAD OF PAYMENT OF 1/10 OF THE REIMBURSEMENT AS OTHERWISE PROVIDED IN THIS SUBSECTION, THERE IS APPROPRIATED FROM THE FUND THE SUM OF $770,000,000.00 FOR THE PURPOSE OF MAKING A SINGLE PAYMENT TO SCHOOL DISTRICTS AND INTERMEDIATE SCHOOL DISTRICTS DESCRIBED IN THIS SUBSECTION, CALCULATED AS DESCRIBED IN THIS SUBSECTION.".

The question being on the adoption of the amendments offered by Rep. Oxender,

Rep. Oxender demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendments offered by Rep. Oxender,

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

Roll Call No. 804 Yeas--49

 

 

Galloway

 

 

Nays--57

 

 

Dobronski

 

 

In The Chair: Hertel

 

 

Rep. Oxender moved to amend the bill as follows:

1. Amend page 3, line 3, after "PRINCIPAL." by inserting "TO BE ELIGIBLE TO RECEIVE A PAYMENT UNDER THIS SUBSECTION, A SCHOOL DISTRICT OR INTERMEDIATE SCHOOL DISTRICT SHALL TRANSMIT TO THE STATE TREASURER NOT LATER THAN AUGUST 1, 1998 A WRITTEN RESOLUTION OF ITS BOARD WAIVING ALL CLAIMS AND CAUSES OF ACTION AGAINST THIS STATE THROUGH SEPTEMBER 30, 1997 THAT ARE SUBSTANTIALLY THE SAME AS THOSE IN DURANT V STATE OF MICHIGAN, SUPREME COURT DOCKET NO. 104458-104492. THIS WAIVER MAY BE CONTINGENT ON CONTINUED PAYMENTS BY THIS STATE EACH FISCAL YEAR IN AT LEAST THE SAME AMOUNT AS THE PAYMENTS UNDER THIS SUBSECTION FOR THE 1997-98 FISCAL YEAR, BUT SHALL BE AN IRREVOCABLE WAIVER OF ANY CLAIM TO AMOUNTS RECEIVED BY THE SCHOOL DISTRICT OR INTERMEDIATE SCHOOL DISTRICT UNDER THIS SUBSECTION.".

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

Rep. Oxender demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 805 Yeas--107

 

 

 

 

Nays--0

 

 

In The Chair: Hertel

 

 

Rep. Gilmer moved to amend the bill as follows:

1. Amend page 3, following line 3, by inserting:

"(3) NOTWITHSTANDING SECTION 352, BEGINNING WITH THE FISCAL YEAR ENDING SEPTEMBER 30, 1997, ALL UNEXPENDED AND UNENCUMBERED GENERAL FUND GENERAL PURPOSE BALANCES AT THE CLOSE OF EACH FISCAL YEAR SHALL BE TRANSFERRED TO THE FUND. IF AN AMOUNT IS REQUIRED TO BE TRANSFERRED TO THE FUND FOR A FISCAL YEAR UNDER SECTION 352, ANY AMOUNT TRANSFERRED UNDER THIS SUBSECTION SHALL BE CONSIDERED A PART OF THE TRANSFER REQUIRED UNDER SECTION 352.".

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

Rep. Gilmer demanded the yeas and nays.

The demand was supported.

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

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

 

 

Roll Call No. 806 Yeas--51

 

 

 

 

Nays--55

 

 

 

 

In The Chair: Hertel

 

 

Rep. Jaye moved to amend the bill as follows:

1. Amend page 3, following line 3, by inserting:

"(3) IN ORDER TO RECEIVE PAYMENTS UNDER THIS SECTION, A SCHOOL DISTRICT OR INTERMEDIATE SCHOOL DISTRICT SHALL PAY A PRO RATA SHARE OF THOSE PAYMENTS TO EACH TAXPAYER WHO PAID PROPERTY TAXES FOR 1996 FOR PROPERTY IN THE SCHOOL DISTRICT OR INTERMEDIATE SCHOOL DISTRICT. THE AMOUNT OF THE PAYMENT TO EACH TAXPAYER SHALL BE CALCULATED BY MULTIPLYING THE TOTAL AMOUNT RECEIVED BY THE SCHOOL DISTRICT OR INTERMEDIATE SCHOOL DISTRICT TIMES THE QUOTIENT OF THE 1996 TAXABLE VALUE OF THE PROPERTY ON WHICH THE TAXPAYER PAID PROPERTY TAXES FOR 1996 DIVIDED BY THE TOTAL 1996 TAXABLE VALUE OF ALL PROPERTY IN THE SCHOOL DISTRICT OR INTERMEDIATE SCHOOL DISTRICT. A SCHOOL DISTRICT OR INTERMEDIATE SCHOOL DISTRICT REQUIRED TO MAKE PAYMENTS TO TAXPAYERS UNDER THIS SUBSECTION MAY SUBMIT TO THE STATE TREASURER A BILL FOR REIMBURSEMENT OF THE REASONABLE COSTS OF CALCULATING AND MAKING THE PAYMENTS REQUIRED UNDER THIS SUBSECTION. UPON RECEIPT OF A BILL UNDER THIS SUBSECTION, THE STATE TREASURER SHALL PAY THE SCHOOL DISTRICT OR INTERMEDIATE SCHOOL DISTRICT THE AMOUNT OF THOSE REASONABLE COSTS. THERE IS APPROPRIATED FROM THE FUND THE AMOUNT NECESSARY TO MAKE THE REIMBURSEMENTS TO SCHOOL DISTRICTS AND INTERMEDIATE SCHOOL DISTRICTS UNDER THIS SUBSECTION.".

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

Rep. Jaye demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 807 Yeas--35

 

 

 

 

Nays--69

 

 

Dalman

 

 

In The Chair: Hertel

 

 

 

 

Rep. Stallworth, having reserved the right to explain his nay vote, made the following statement:

"Mr. Speaker and members of the House:

Mr. Speaker and members, I rise to oppose this amendment on the grounds of more need to fully fund special education.

There is no question that every member of this distinguished body would like to provide a small check to the tax paying constituents in their district. But this benefit of less than five dollars per family, juxtaposed to providing long over-due funding of special education is infantismal, therefore unwarranted.

In the very near future I will be asking members of this Chamber to support a 3 million dollar supplemental for improved security on and around the grounds of Detroit Public Schools. In our first four weeks of school, five children have been the victim of gun fire. Four have perished. We need help!

The Governor has not yet agreed to return "At Risk Funding" to the K-12 Budget. In my district this will result in layoffs of not less than 200 employees, but could mean a layoff of as many as 2000. This is intolerable.

Therefore, Mr. Speaker and members; in the name of moral responsibility to those who cannot take responsibility for the environment we provide them with, I ask my colleagues to put aside our partisanship and vote with me to defeat this amendment."

Rep. Emerson moved to amend the bill as follows:

1. Amend page 2, line 16, after "EDUCATION" by inserting "IN CONSULTATION WITH THE DEPARTMENT OF TREASURY AND THE DEPARTMENT OF ATTORNEY GENERAL".

2. Amend page 3, following line 3, by inserting:

"(3) IT IS THE INTENT OF THE LEGISLATURE TO CONTINUE TO APPROPRIATE MONEY FROM THE FUND AND TO MAKE PAYMENTS TO SCHOOL DISTRICTS AND INTERMEDIATE SCHOOL DISTRICTS DESCRIBED IN SUBSECTION (2) IN THE SAME AMOUNT AND MANNER AS PROVIDED UNDER SUBSECTION (2) FOR EACH FISCAL YEAR THROUGH THE FISCAL YEAR ENDING SEPTEMBER 30, 2007, SUBJECT TO THE SAME WAIVER REQUIREMENTS AND OTHER CONDITIONS DESCRIBED IN SUBSECTION (2).".

The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.

Reps. Middleton, Johnson and Goschka moved to amend the bill as follows:

1. Amend page 3, following line 3, following subsection (3), by inserting:

"(4) NOT LATER THAN 90 DAYS AFTER RECEIPT OF FUNDS UNDER THIS SECTION, AND BEFORE EXPENDING ANY OF THOSE FUNDS, THE BOARD OF A SCHOOL DISTRICT OR INTERMEDIATE SCHOOL DISTRICT THAT RECEIVES FUNDS UNDER THIS SECTION SHALL HOLD A PUBLIC MEETING OF THE BOARD TO DISCUSS HOW THE BOARD WILL USE THOSE FUNDS. THE BOARD MAY HOLD THIS MEETING AS PART OF A REGULARLY SCHEDULED BOARD MEETING IF THE PUBLIC NOTICE OF THAT REGULAR MEETING CLEARLY INDICATES THAT THE ISSUE OF USE OF FUNDS RECEIVED UNDER THIS SECTION WILL BE ON THE AGENDA AT THE REGULAR MEETING.".

The question being on the adoption of the amendment offered by Reps. Middleton, Johnson and Goschka,

Rep. Middleton demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendment offered by Reps. Middleton, Johnson and Goschka,

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

 

 

Roll Call No. 808 Yeas--105

 

 

Dobronski

Nays--0

 

 

In The Chair: Hertel

 

 

Rep. Gilmer moved to amend the bill as follows:

1. Amend page 3, following line 3, following subsection (4), by inserting:

"(5) NOTWITHSTANDING SECTION 352, FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1997 AND THE FISCAL YEAR ENDING SEPTEMBER 30, 1998 ONLY, ALL UNEXPENDED AND UNENCUMBERED GENERAL FUND GENERAL PURPOSE BALANCES AT THE CLOSE OF THE FISCAL YEAR SHALL BE TRANSFERRED TO THE FUND. IF AN AMOUNT IS REQUIRED TO BE TRANSFERRED TO THE FUND FOR 1 OF THESE FISCAL YEARS UNDER SECTION 352, ANY AMOUNT TRANSFERRED UNDER THIS SUBSECTION SHALL BE CONSIDERED A PART OF THE TRANSFER REQUIRED UNDER SECTION 352.".

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

Rep. Gilmer demanded the yeas and nays.

The demand was supported.

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

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

 

 

Roll Call No. 809 Yeas--52

 

 

 

 

Nays--50

 

 

DeHart Kilpatrick

 

 

In The Chair: Hertel

Rep. Emerson 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

 

 

House Bill No. 5083, entitled

A bill to amend 1984 PA 431, entitled "The management and budget act," (MCL 18.1101 to 18.1594) by adding section 353e.

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

 

 

Roll Call No. 810 Yeas--74

 

 

DeHart Kilpatrick

 

 

Nays--32

 

 

 

 

In The Chair: Hertel

 

 

The House agreed to the title of the bill.

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

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

Reps. London and Gernaat, 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:

We voted no because this body turned their back on the Republican plan. The Republican plan would pay all of the school districts the same. the Democrat plan would take ten years to pay the non litigants. This is simply not fair. Secondly, under our plan, all school districts would get more money. Thirdly, at the conclusion of the Republican plan, the BSF (Rainy Day Fund) would have about 1.2 billion. However the House Democrat plan would cut the BSF in half."

 

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

"Mr. Speaker and members of the House:

I voted no since the $982 million of the taxpayer's money is being returned to the school teachers and bureaucrats instead of the taxpayers. The taxpayers are now abused twice. The taxpayers were forced to pay higher property taxes ($982 million) for 17 years since past state legislators refused to pay for special education. Now the taxpayers are being forced to pay another ($982 million) to the school districts out of the state rainy day fund. The state constitution clearly prohibits the courts from ordering the legislature to appropriate money for any specific task. This separation of powers item was clearly established during the 1996 Miller Brothers $100 million lawsuit. This legislature is now just as guilty of ripping off the taxpayers as the legislature 17 years ago."

 

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

"Mr. Speaker and members of the House:

I voted 'No' on HB 5083 because I believe all school districts should be treated equally rather than differently as proposed in HB 5083. To approve only a one year allocation to those schools not associated with the lawsuit is a dangling carrot with not substance; there is no guarantee that funding will be provided in future years. With term limits hovering in the near future, we will lose not only members who might support future funding, but also the historical perspective and knowledge of this 'promise'. It's the children of this state who stand to lose under this bill; we owe them more."

 

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

"Mr. Speaker and members of the House:

I voted No on this bill because it treats the Durant districts in one year and the non Durant districts only 1/10 of a payment with the hope that other legislature will make the other 9 payments."

 

 

 

 

The Speaker called the Speaker Pro Tempore to the Chair.

 

 

 

 

House Bill No. 4923, entitled

A bill to designate an official wildflower of this state.

The bill was read a second time.

Rep. Brater 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

 

 

House Bill No. 4923, entitled

A bill to designate an official wildflower of this state.

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Roll Call No. 812 Yeas--105

 

 

Dobronski

 

 

Nays--0

 

 

In The Chair: Murphy

 

 

Pursuant to Joint Rule 20, the full title of the bill shall read as follows:

"An act to revise, consolidate, and classify the laws of this state regarding the regulation of certain occupations; to create a board for each of those occupations; to establish the powers and duties of certain departments and agencies and the boards of each occupation; to provide for the promulgation of rules; to provide for certain fees; to provide for penalties and civil fines; to establish rights, relationships, and remedies of certain persons under certain circumstances; to repeal certain parts of this act on a specific date; and to repeal certain acts and parts of acts,"

The House agreed to the full title of the bill.

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

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

 

 

 

 

Senate Bill No. 228, entitled

A bill to amend 1993 PA 23, entitled "Michigan limited liability company act," by amending section 904 (MCL 450.4904).

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. Dobb moved to amend the bill as follows:

1. Amend page 2, following line 13, by inserting:

"(5) A PROFESSIONAL LIMITED LIABILITY COMPANY ORGANIZED UNDER THIS ARTICLE MAY ENGAGE IN THE PRACTICE OF PUBLIC ACCOUNTING IN THIS STATE IF NOT LESS THAN 2/3 OF THE EQUITY AND VOTING RIGHTS OF THE PROFESSIONAL LIMITED LIABILITY COMPANY ARE HELD DIRECTLY OR BENEFICIALLY BY INDIVIDUALS WHO ARE LICENSED IN GOOD STANDING AS CERTIFIED PUBLIC ACCOUNTANTS OF THIS OR ANOTHER STATE OR THE EQUIVALENT IN ANOTHER LICENSING JURISDICTION ACCEPTABLE TO THE BOARD OF ACCOUNTANCY. AS USED IN THIS SUBSECTION, "BOARD OF ACCOUNTANCY" MEANS THAT BOARD CREATED IN SECTION 721 OF THE OCCUPATIONAL CODE, 1980 PA 299, MCL 339.721.".

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

Rep. Profit moved to amend the bill as follows:

1. Amend page 2, line 8, by striking out all of subsection (4), and inserting:

"(4) A LIMITED LIABILITY COMPANY MAY ENGAGE IN THE PRACTICE OF ARCHITECTURE, PROFESSIONAL ENGINEERING, OR PROFESSIONAL SURVEYING IN THIS STATE IF NOT LESS THAN 2/3 OF THE MEMBERS OR MANAGERS OF THE LIMITED LIABILITY COMPANY ARE LICENSED IN THIS STATE TO RENDER 1 OR MORE OF THE PROFESSIONAL SERVICES OFFERED. A PROFESSIONAL LIMITED LIABILITY COMPANY ORGANIZED UNDER THIS ARTICLE MAY ENGAGE IN THE PRACTICE OF ARCHITECTURE, PROFESSIONAL ENGINEERING, OR PROFESSIONAL SURVEYING IN THIS STATE IF ALL OF THE MEMBERS AND MANAGERS OF THE PROFESSIONAL LIMITED LIABILITY COMPANY ORGANIZED UNDER THIS ARTICLE ARE LICENSED IN THIS STATE TO RENDER 1 OR MORE OF THE PROFESSIONAL SERVICES OFFERED.".

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

Rep. Gagliardi 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

 

 

Senate Bill No. 228, entitled

A bill to amend 1993 PA 23, entitled "Michigan limited liability company act," by amending section 904 (MCL 450.4904).

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

 

 

Roll Call No. 813 Yeas--104

 

 

 

 

Nays--0

 

 

In The Chair: Murphy

 

 

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 1993 PA 23, entitled "An act to provide for the organization and regulation of limited liability companies; to prescribe their duties, rights, powers,immunities, and liabilities; to prescribe the powers and duties of certain state departments and agencies; and to provide for penalties and remedies," by amending section 904 (MCL 450.4904), as amended by 1997 PA 52.

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.

 

By unanimous consent the House returned to the order of

 

 

Reps. Schermesser, Goschka, DeHart, Tesanovich, Callahan, Hale, Kelly, Bogardus, Hanley, Wojno, Martinez, Prusi, Anthony, Kilpatrick, Freeman, McBryde, Bodem, Cherry, Richner, Raczkowski, Wetters, Dobronski, Scott, Baird, Brater, LaForge, Kukuk, Vaughn, Leland, Murphy, Parks, Dalman, Middleton, Gernaat, Llewellyn, Gubow, Palamara, Schroer, Hood, Profit and DeVuyst offered the following concurrent resolution:

House Concurrent Resolution No. 65.

A concurrent resolution to memorialize the Congress of the United States to assure that quality and access to health care for veterans are maintained.

Whereas, With the move to a balanced federal budget, many people are concerned over the impact of increasingly limited funds for vitally important services. An area of special concern is the health care provided to our veterans, especially through the facilities and programs of the Department of Veterans Affairs; and

Whereas, For those who served our country with sacrifice and valor in the Armed Forces, the VA health programs represent a fulfillment of a promise. The programs and facilities are literally a lifeline for many. This promise on the part of our nation--to care for our veterans in their times of need--cannot be forgotten or abandoned. The move to bring austerity and fiscal responsibility to government spending cannot override the needs of the veterans who now rely on us as we relied on them in our nation's times of need; and

Whereas, Funding to care for veterans who have suffered grave injuries must not be jeopardized. Veterans bedridden by injuries and dependent on VA health services have every right to the same level of dedication they gave to America in battles to preserve our way of life. To decrease our financial and emotional commitment to these patriots through inadequate care is wrong. Continuing cutbacks in funding and reductions in service and personal care represent a flawed approach to caring for men and women who have earned our lasting gratitude; now, therefore, be it

Resolved by the House of Representatives (the Senate concurring), That we memorialize the Congress of the United States to assure that quality and access to health care for veterans are maintained; 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 concurrent resolution was referred to the Committee on Senior Citizens and Veterans Affairs.

Reps. Gagliardi and Gustafson offered the following concurrent resolution:

House Concurrent Resolution No. 66.

A concurrent resolution providing for a joint convention of the House of Representatives and the Senate.

Resolved by the House of Representatives (the Senate concurring), That the House of Representatives and Senate meet in joint convention in the Hall of the House of Representatives, Thursday, October 23, 1997, at 10:45 a.m., to receive the State of the Judiciary message from the Honorable Conrad Mallett, Jr., Chief Justice of the Michigan State Supreme Court.

Pending the reference of the concurrent resolution to a committee,

Rep. Gagliardi moved that Rule 77 be suspended and the concurrent 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 concurrent resolution,

The concurrent resolution was adopted, a majority of the members serving voting therefor.

 

 

 

 

The Committee on House Oversight and Ethics, by Rep. Gagliardi, Chair, reported

House Joint Resolution M, entitled

A joint resolution proposing an amendment to the state constitution of 1963, by amending section 46 of article IV, to provide for the death penalty in certain circumstances.

The committee recommended that the joint resolution be referred to the Committee on Judiciary.

 

 

 

HJR M To Report Out:

Yeas: Reps. Gagliardi, Cherry, Agee, DeHart, Hanley, Gustafson, Fitzgerald, Richner, Voorhees,

Nays: None.

The recommendation was concurred in and the joint resolution was referred to the Committee on Judiciary.

 

 

 

The following report, submitted by Rep. Gagliardi, Chair of the Committee on House Oversight and Ethics, was received and read:

Meeting held on: Tuesday, October 7, 1997, at 2:00 p.m.,

Present: Reps. Gagliardi, Cherry, Agee, Brewer, DeHart, Hanley, Kilpatrick, Varga, Gustafson, DeVuyst, Fitzgerald, Goschka, Richner, Voorhees,

Absent: Reps. Wallace, Wojno, Perricone,

Excused: Reps. Wallace, Wojno, Perricone.

 

 

The Committee on Health Policy, by Rep. Palamara, Chair, reported

House Bill No. 4944, entitled

A bill to amend 1962 PA 192, entitled "Professional service corporation act," by amending section 4 (MCL 450.224), as amended by 1990 PA 166.

With the recommendation that the bill pass.

The bill was referred to the order of Second Reading of Bills.

 

 

 

HB 4944 To Report Out:

Yeas: Reps. Palamara, Schauer, Gire, Griffin, Gubow, Leland, Murphy, Thomas, Wojno, Hammerstrom, Crissman, Law, Llewellyn, Raczkowski, Rocca, Scranton,

Nays: None.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

House Appropriations Subcommittee on Gas Price

Date: Monday, October 13, 1997

Time: 1:00 p.m.

Place: City Council Chambers, City Hall, Saginaw, Michigan

Agenda: Gas prices

and any/or all business properly before the subcommittee

 

 

Committee on Agriculture

Date: Thursday, October 16, 1997

Time: 6:00 p.m.

Place: Vienna Township Hall, 3400 West Vienna Road, Clio, Michigan

Agenda: House Bill No. 4337 - Drains; code, revision; provide for

and any/or all business properly before the committee

 

 

House Appropriations Subcommittee on State Police and Military Affairs

Date: Monday, October 20, 1997

Time: 1:00 p.m.

Place: Wayne State University, Student Center Building, 5221 Gullen Mall, 2nd Floor Ballroom, Detroit, Michigan

Agenda: HR 75 and HCR 44 - memorializing the Congress of the United States to redirect some military spending
to the states to enable them to meet domestic needs

and any/or all business properly before the subcommittee

 

 

 

 

The Clerk announced that the following bills and joint resolution had been printed and placed upon the files of the members, Tuesday, September 30:

Senate Joint Resolution M

 

The Clerk announced that the following bills had been printed and placed upon the files of the members, Monday, October 6:

 

The Clerk announced that the following bills had been printed and placed upon the files of the members, Tuesday, October 7:

House Bill Nos. 5209 5210 5211 5212 5213 5214 5215 5216 5217 5218 5219 5220

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Reps. Dalman, Gire, Jelinek, LeTarte, Kilpatrick, Schauer, Oxender, Middleton, Martinez, Bodem, Johnson, Cherry, Brackenridge, Schermesser, London, Geiger, Wojno, Hammerstrom, Byl, Sikkema, Scranton and Raczkowski introduced

House Bill No. 5232, entitled

A bill to amend 1996 PA 160, entitled "Postsecondary enrollment options act," by amending section 3 (MCL 388.513).

The bill was read a first time by its title and referred to the Committee on Education.

 

 

Reps. Agee, Schauer, Bogardus, Kilpatrick, Dalman, LeTarte, Jelinek, Gire, Callahan, Martinez, Kaza, LaForge, Cherry, Goschka, Schermesser, Brackenridge, London, Bodem, Oxender, Hale, Wojno, Hammerstrom, Hanley, Byl, Sikkema, Scranton and Raczkowski introduced

House Bill No. 5233, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 1277 (MCL 380.1277), as amended by 1995 PA 289.

The bill was read a first time by its title and referred to the Committee on Education.

 

 

Reps. LeTarte, Jelinek, Dalman, Gire, Agee, Schauer, Bogardus, Kilpatrick, Martinez, Middleton, Brackenridge, Kaza, Cherry, Bodem, Schermesser, London, Hammerstrom, Oxender, Geiger, Wojno, Byl, Sikkema, Scranton and Raczkowski introduced

House Bill No. 5234, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 1280 (MCL 380.1280), as amended by 1995 PA 289.

The bill was read a first time by its title and referred to the Committee on Education.

 

 

Reps. Kilpatrick, Bogardus, Agee, Gire, Dalman, LeTarte, Jelinek, Cherry, Schermesser, Kaza, Martinez, Brackenridge, Callahan, Wojno, Bodem, Rison, Murphy, Hammerstrom, London, Byl, Sikkema, Scranton and Raczkowski introduced

House Bill No. 5235, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 1282 (MCL 380.1282), as amended by 1993 PA 335.

The bill was read a first time by its title and referred to the Committee on Education.

 

 

Reps. Hammerstrom and Brackenridge introduced

House Bill No. 5236, entitled

A bill to amend 1937 PA 103, entitled "An act to prescribe certain conditions relative to the execution of instruments entitled to be recorded in the office of the register of deeds," by amending section 1 (MCL 565.201), as amended by 1996 PA 459.

The bill was read a first time by its title and referred to the Committee on Local Government.

 

 

Rep. Law introduced

House Bill No. 5237, entitled

A bill to amend 1941 PA 207, entitled "Fire prevention code," by amending section 19 (MCL 29.19).

The bill was read a first time by its title and referred to the Committee on Education.

 

 

Rep. Law introduced

House Bill No. 5238, entitled

A bill to amend 1953 PA 181, entitled "An act relative to investigations in certain instances of the causes of death within this state due to violence, negligence or other act or omission of a criminal nature or to protect public health; to provide for the taking of statements from injured persons under certain circumstances; to abolish the office of coroner and to create the office of county medical examiner in certain counties; to prescribe the powers and duties of county medical examiners; to prescribe penalties for violations of the provisions of this act; and to prescribe a referendum thereon," by amending sections 2, 3, and 5 (MCL 52.202, 52.203, and 52.205), section 5 as amended by 1980 PA 401.

The bill was read a first time by its title and referred to the Committee on Health Policy.

Reps. Scranton, Godchaux, Birkholz, Basham, Gustafson, Jelinek, Fitzgerald, LeTarte, Rocca, Dobb and Perricone introduced

House Bill No. 5239, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending section 30 (MCL 206.30), as amended by 1996 PA 484.

The bill was read a first time by its title and referred to the Committee on Judiciary.

 

 

Reps. Llewellyn, Law, Varga, London, Rhead and Johnson introduced

House Bill No. 5240, entitled

A bill to amend 1995 PA 279, entitled "Horse racing law of 1995," by amending sections 16, 20, 30, and 31 (MCL 431.316, 431.320, 431.330, and 431.331).

The bill was read a first time by its title and referred to the Committee on Appropriations.

 

 

Reps. Llewellyn, Law, Gire, London and Johnson introduced

House Bill No. 5241, entitled

A bill to amend 1980 PA 350, entitled "The nonprofit health care corporation reform act," by amending sections 207, 402b, and 502 (MCL 550.1207, 550.1402b, and 550.1502), section 207 as amended by 1993 PA 201, section 402b as added by 1996 PA 516, and section 502 as amended by 1994 PA 440.

The bill was read a first time by its title and referred to the Committee on Insurance.

 

 

 

 

Rep. Raczkowski moved that the House adjourn.

The motion prevailed, the time being 5:30 p.m.

 

The Speaker Pro Tempore declared the House adjourned until Wednesday, October 8, at 2:00 p.m.