The House was called to order by the Associate Speaker Pro Tempore.

 

The roll was called by the Clerk of the House of Representatives, who announced that a quorum was present.

 

 

Agee--present

Alley--present

Anthony--present

Baade--present

Baird--present

Bankes--present

Basham--present

Birkholz--present

Bobier--present

Bodem--present

Bogardus--present

Brackenridge--present

Brater--present

Brewer--present

Brown--present

Byl--present

Callahan--present

Cassis--present

Cherry--present

Ciaramitaro--present

Crissman--present

Cropsey--present

Curtis--present

Dalman--present

DeHart--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--present

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--excused

London--present

Lowe--present

Mans--present

Martinez--present

Mathieu--present

McBryde--present

McManus--present

McNutt--present

Middaugh--present

Middleton--present

Murphy--present

Nye--present

Olshove--present

Owen--present

Oxender--present

Palamara--present

Parks--present

Perricone--present

Price--present

Profit--present

Prusi--present

Quarles--present

Raczkowski--present

Rhead--present

Richner--present

Rison--present

Rocca--present

Schauer--present

Schermesser--present

Schroer--present

Scott--present

Scranton--present

Sikkema--present

Stallworth--e/d/s

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. Ken Sikkema, from the 74th District, offered the following invocation:

 

"Our Father, We thank You for the blessings of this beautiful fall day. We thank You for the opportunities, not only to live in a democracy and a free land, but the opportunity to serve. We ask as we go about the business of the people today, for an extra measure of wisdom, courage and understanding. This we ask in Your name. Amen."

 

 

 

 

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

The motion prevailed.

 

Rep. Mathieu asked and obtained an excuse from tomorrow's session.

 

Rep. Gilmer asked and obtained an excuse from tomorrow's session.

 

The Speaker assumed the Chair.

 

 

 

 

October 15, 1997

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.

 

By unanimous consent the House returned to the order of

 

 

The Speaker laid before the House

House Concurrent Resolution No. 59.

A concurrent resolution to disapprove Executive Order 1997-13 on executive reorganization.

(For text of resolution, see House Journal No. 71, p. 1943.)

(The concurrent resolution was reported by the Committee on Health Policy on September 30, consideration of which was postponed until October 1 under the rules.)

The question being on the adoption of the concurrent resolution,

Rep. Gagliardi moved that the concurrent resolution be re-referred to the Committee on Health Policy.

The motion prevailed.

 

 

The Speaker laid before the House

House Resolution No. 128.

A resolution to urge the Governor to approve the designation of the Thunder Bay National Marine Sanctuary only if the federal program does not restrict recreational activities.

(For text of resolution, see House Journal No. 64, p. 1690.)

(The resolution was reported by the Committee on Conservation, Environment, and Recreation on October 8, consideration of which was postponed until October 9 under the rules.)

The question being on the adoption of the resolution,

The motion prevailed and the substitute (H-1) was adopted, a majority of the members serving voting therefor.

The question being on the adoption of the resolution,

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

 

 

The Speaker laid before the House

House Concurrent Resolution No. 53.

A concurrent resolution to urge the Governor to approve the designation of the Thunder Bay National Marine Sanctuary only if the federal program does not restrict recreational activities.

(For text of concurrent resolution, see House Journal No. 64, p. 1691.)

(The resolution was reported by the Committee on Conservation, Environment, and Recreation on October 8, consideration of which was postponed until October 9 under the rules.)

The question being on the adoption of the concurrent resolution,

Rep. Bodem moved to substitute (H-1) the concurrent resolution as follows:

The motion prevailed and the substitute (H-1) was adopted, a majority of the members serving voting therefor.

The question being on the adoption of the concurrent resolution,

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

 

 

The Speaker laid before the House

House Concurrent Resolution No. 54.

A concurrent resolution to request the United States Army Corps of Engineers to restore and maintain the harbor of refuge at Grand Marais.

(For text of resolution, see House Journal No. 65, p. 1766.)

(The concurrent resolution was reported by the Committee on Marine Affairs and Port Development on October 14, consideration of which was postponed until today under the rules.)

The question being on the adoption of the concurrent resolution,

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

 

 

House Bill No. 5228, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 1279 (MCL 380.1279), as amended by 1997 PA 25, and by adding section 1279a.

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

 

 

Roll Call No. 832 Yeas--100

 

 

 

 

Nays--6

 

 

Horton Raczkowski Walberg Whyman

Jaye Voorhees

 

 

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. Anthony, Baird, Basham, Brown, Cassis, Ciaramitaro, Curtis, DeHart, Dobronski, Frank, Freeman, Gagliardi, Gilmer, Godchaux, Gubow, Harder, Jellema, Kelly, Mans, McBryde, McNutt, Nye, Owen, Palamara, Parks, Prusi, Scott, Tesanovich, Varga and Vaughn were named co-sponsors of the bill.

 

 

House Bill No. 5229, entitled

A bill to amend 1979 PA 94, entitled "The state school aid act of 1979," by amending section 104a (MCL 388.1704a), as amended by 1997 PA 24.

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

Roll Call No. 833 Yeas--102

 

 

DeVuyst Jellema

 

 

Nays--4

 

 

Horton Jaye Raczkowski Voorhees

 

 

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. Baird, Basham, Brewer, Brown, Cassis, Crissman, Curtis, DeHart, Frank, Freeman, Gagliardi, Godchaux, Gubow, Harder, Kelly, McBryde, McNutt, Middleton, Nye, Olshove, Prusi, Scott, Tesanovich, Varga and Vaughn were named co-sponsors of the bill.

 

 

 

 

Rep. Stallworth entered the House Chambers.

 

 

House Bill No. 5230, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 1279f (MCL 380.1279f), as added by 1996 PA 169.

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

Roll Call No. 834 Yeas--105

 

 

Dobb

 

 

Nays--3

 

 

Horton Jaye Voorhees

 

 

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. Baird, Bankes, Brater, Cassis, Crissman, Curtis, DeHart, Frank, Gilmer, Godchaux, Gubow, Johnson, Kelly, LaForge, Law, McBryde, Olshove, Prusi, Tesanovich and Vaughn were named co-sponsors of the bill.

 

 

House Bill No. 5231, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 1525 (MCL 380.1525), as amended by 1995 PA 289.

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

 

 

Roll Call No. 835 Yeas--103

 

 

 

 

Nays--5

 

 

Green Voorhees Walberg Whyman

Horton

 

 

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. Anthony, Baird, Bankes, Brewer, Cassis, Dalman, DeHart, Frank, Freeman, Gagliardi, Gubow, Hale, Harder, Johnson, Parks, Prusi, Scott and Vaughn were named co-sponsors of the bill.

 

 

House Bill No. 5232, entitled

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

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

 

 

Roll Call No. 836 Yeas--98

 

 

DeVuyst Jansen

 

 

Nays--5

 

 

Horton Voorhees Walberg Whyman

Jaye

 

 

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. Baird, Bankes, Bogardus, Brown, Callahan, Cassis, Crissman, DeHart, Frank, Freeman, Gubow, Harder, Kelly, Law, Palamara, Profit, Scott, Tesanovich and Vaughn were named co-sponsors of the bill.

 

 

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.

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

 

 

Roll Call No. 837 Yeas--101

 

 

Dobronski

 

 

Nays--5

 

 

Gustafson Voorhees Walberg Whyman

Horton

 

 

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. Anthony, Baird, Bankes, Basham, Brown, Cassis, DeHart, Frank, Freeman, Gilmer, Godchaux, Gubow, Harder, Johnson, Kelly, Mans, Parks, Prusi, Scott, Vaughn and Wallace were named co-sponsors of the bill.

 

 

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.

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

 

 

Roll Call No. 838 Yeas--104

 

 

 

 

 

 

 

 

 

 

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. Alley, Anthony, Baird, Bankes, Callahan, Cassis, Curtis, DeHart, Gilmer, Goschka, Hale, Harder, Johnson, Kelly, Mans, McBryde, McNutt, Prusi, Scott and Vaughn were named co-sponsors of the bill.

 

 

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 third time.

The question being on the passage of the bill,

Rep. Gagliardi moved that consideration of the bill be postponed for the day.

The motion prevailed.

 

 

 

 

House Bill No. 4561, 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-1) previously recommended by the Committee on Tax Policy,

The substitute (H-1) was adopted, a majority of the members serving voting therefor.

Rep. Brown 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.

 

 

 

 

The Speaker called the Associate Speaker Pro Tempore to the Chair.

 

By unanimous consent the House returned to the order of

 

 

House Bill No. 4561, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," (MCL 206.1 to 206.532) by adding section 266.

The bill was read a third time.

The question being on the passage of the bill,

Rep. Richner moved to amend the bill as follows:

1. Amend page 1, line 7, after "LESS," by striking out the balance of the line through "(B)" on page 2, line 1, and inserting "IF".

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

The question being on the passage of the bill,

The bill was then passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

 

Roll Call No. 839 Yeas--67

 

 

 

 

Nays--39

 

 

 

 

In The Chair: Gire

 

 

The House agreed to the title of the bill.

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

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

Reps. Anthony, Frank, Gagliardi, Kukuk, Scott, Stallworth, Vaughn and Wallace were named co-sponsors of the bill.

 

 

 

 

House Bill No. 4993, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending section 3104 (MCL 500.3104), as amended by 1980 PA 445.

Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Insurance,

The substitute (H-2) was adopted, a majority of the members serving voting therefor.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Rep. Kaza, 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:

In a unanimous 1990 opinion the Michigan Supreme Court held the Michigan Catastrophic Claims Association (MCCA) "was created as a private association, not a state agency...Taken as a whole, The characteristics of the MCCA lead to recognition as a private association."

Abolishing the mandatory no-fault system of automobile insurance would do more to benefit Michigan motorists than this bill, which treats an entity recognized by the Supreme Court as "a private association" as a government body."

 

Rep. Cassis, 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:

MCCA has been found to be a private, not a public/state agency by the Michigan Supreme Court. Adding 4 members of the public to a private agency opens up a precedence leading to politicizing the decision-making process. Furthermore, its primary purpose is to protect small insurers from potential catastrophic repercussions of no-fault law. The MCCA, a private unincorporated nonprofit association, currently functions as it was meant to."

 

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

"Mr. Speaker and members of the House:

The M.C.C.A. should not be politicized by putting political chronies of a Governor (either Democrate or Republican) running this catastrophic fund. It is solvent and allows our insurance companies to operate in the State of Michigan, we have life time benefits. It is important that we not mix private corporate laws with open governmental functions. We must protect the fund for future injured citizens of Michigan."

 

Rep. Voorhees, 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 is a blatant attempt to politicize operations of the MCCA. Politicizing this entity will ultimately hurt the injury victims of this state by making it more difficult for companies to receive favorable credit ratings. The Michigan Supreme Court ruled in 1990 that the MCCA is not a state agency. As such, it should not be subject to public input."

 

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 4993 because I believe it is WRONG for government to impose requirements generally associated with public agencies upon the private sector. The Michigan Supreme Court ruled that the MCCA is, in fact, a private entity established primarily for private not public benefit. These bills establish a precedent I am unwilling to support."

 

Rep. London, 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 the MCCA is private entity, not public. Why should the public have a voice? The MCCA is a RE insurance for auto insurance companies. It is needed because of the high costs of law suits in Michigan. We have an un-limited medical provision. Next year the MCCA charge will be $5. We need people on the MCCA Board who have insurance companies in mind and be experienced in long term medical costs."

 

 

 

 

House Bill No. 4994, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending section 3104 (MCL 500.3104), as amended by 1980 PA 445.

Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Insurance,

The substitute (H-1) was adopted, a majority of the members serving voting therefor.

Rep. Voorhees moved to amend the bill as follows:

1. Amend page 11, following line 6, by inserting:

"(d) House Bill No. 5076.".

The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.

Rep. Bogardus 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. 4994, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending section 3104 (MCL 500.3104), as amended by 1980 PA 445.

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

 

 

 

 

Dobronski Kilpatrick

 

 

 

 

 

 

 

 

The House agreed to the title of the bill.

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

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

Rep. Voorhees, 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 does not subscribe to the principle of equality as found in our state constitution. This bill requires an annual audit for the Michigan Catastrophic Claims Association. I offered an amendment to implement equality by making Health Care Corporations also subject annual auditing. As my amendment was not adopted, I cannot support this bill."

 

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 4994 because I believe it is WRONG for government to impose requirements generally associated with public agencies upon the private sector. The Michigan Supreme Court ruled that the MCCA is, in fact, a private entity established primarily for private not public benefit. These bills establish a precedent I am unwilling to support."

 

Rep. Stallworth, 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 rise in opposition to this bill because I cannot support any legislation which has the potential to increase insurance rates or decrease the capacity of the MCCA. I agree with House Bills 4995, 4994 and 4996 because they provide an opportunity for the insurance industry to obtain valuable information on their claimants as well as educate the public on the importance and operation of the catastrophic claims fund. But an audit serves no purpose unless the intent is to grant the legislature some control over management of the fund. This would be a terrible mistake. The MCCA serves as a resource or reinsurance mechanism for catastrophic claims. It is capitalized through premium payments by policyholders. Any surplus will help attract small auto insurance carriers to Michigan because they can include the fund in their reserve exposure which is very attractive to credit markets such as A.M. Best and Standard & Poor's which evaluate the solvency and risk exposure of insurance carriers.

There should be more public information available on how rates are established for all lines of insurance coverage, but this body must be careful not to merge the operations of the private sector with public management in a manner which will only be self-destructive for consumers in the long run.

Therefore Mr. Speaker, although the intent of this bill is honorable, I would ask my colleagues who believe in protection of the MCCA."

 

 

 

 

House Bill No. 4995, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending sections 134 and 3104 (MCL 500.134 and 500.3104), section 134 as amended by 1990 PA 256 and section 3104 as amended by 1980 PA 445.

Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Insurance,

The substitute (H-1) was adopted, a majority of the members serving voting therefor.

Reps. Thomas and Varga moved to amend the bill as follows:

1. Amend page 12, line 20, after "CASE" by striking out "OR" and inserting a comma.

2. Amend page 12, line 21, after "CASE" by inserting a comma and "OR INFORMATION CONCERNING POTENTIAL FUTURE INVESTMENTS TO BE MADE BY THE ASSOCIATION".

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

Rep. Bogardus 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. 4995, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending sections 134 and 3104 (MCL 500.134 and 500.3104), section 134 as amended by 1990 PA 256 and section 3104 as amended by 1980 PA 445.

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

Roll Call No. 842 Yeas--59

 

 

 

 

Nays--50

 

 

Fitzgerald Johnson

 

 

 

 

The House agreed to the title of the bill.

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

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

 

 

 

 

Rep. Kaza, 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:

The state freedom of information and open meetings acts apply to government bodies, not private entities.

This bill would apply the FOIA to the Michigan Supreme Court held the MCCA "was created as a private association, not a state agency...Taken as a whole, the characteristics of the MCCA lead to recognition as a private association."

 

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 4995 because I believe it is WRONG for government to impose requirements generally associated with public agencies upon the private sector. The Michigan Supreme Court ruled that the MCCA is, in fact, a private entity established primarily for private not public benefit. These bills establish a precedent I am unwilling to support."

Rep. Voorhees, 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 not for these bills because the Michigan Catastrophic Claims Association is a private nonprofit association and not a public entity as ruled by the Michigan Supreme Court. The MCCA is constantly dealing with the private and sensitive medical information of injury victims - information that should not be heard or obtained by the public. Furthermore, this bill is again absent of equity. My amendment to subject Health Care Corporations to Open Meetings and FOIA stipulations was not adopted, therefore I cannot support the bill."

 

 

 

 

House Bill No. 4996, entitled

A bill to amend 1976 PA 267, entitled "Open meetings act," by amending sections 2 and 3 (MCL 15.262 and 15.263), section 3 as amended by 1988 PA 278.

Was read a second time, and the question being on the adoption of the proposed amendment previously recommended by the Committee on Insurance (for amendment, see House Journal No. 77, p. 2082),

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

Rep. Perricone moved to amend the bill as follows:

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

"(iii) THE MICHIGAN EDUCATION SPECIAL SERVICES ADMINISTRATION OPERATING PURSUANT TO THE THIRD PARTY ADMINISTRATOR ACT, 1984 PA 218, MCL 550.901 TO 550.962.".

2. Amend page 4, following line 21, by inserting:

"(G) THE MICHIGAN EDUCATION SPECIAL SERVICES ADMINISTRATION OPERATING PURSUANT TO THE THIRD PARTY ADMINISTRATOR ACT, 1984 PA 218, MCL 550.901 TO 550.962.".

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

Rep. Perricone demanded the yeas and nays.

The demand was supported.

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

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

 

 

Roll Call No. 843 Yeas--48

 

 

 

 

Nays--50

 

 

Dobronski Leland

 

 

In The Chair: Hertel

 

 

Reps. Voorhees and Goschka moved to amend the bill as follows:

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

"(iii) A HEALTH CARE CORPORATION OPERATING PURSUANT TO THE NONPROFIT HEALTH CARE CORPORATION REFORM ACT, 1980 PA 350, MCL 550.1101 TO 550.1704.".

2. Amend page 4, following line 21, by inserting:

"(G) A HEALTH CARE CORPORATION OPERATING PURSUANT TO THE NONPROFIT HEALTH CARE CORPORATION REFORM ACT, 1980 PA 350, MCL 550.1101 TO 550.1704.".

The question being on the adoption of the amendments offered by Reps. Voorhees and Goschka,

Rep. Voorhees demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendments offered by Reps. Voorhees and Goschka,

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

 

 

Roll Call No. 844 Yeas--52

 

 

 

 

Nays--53

 

 

DeHart

 

 

In The Chair: Hertel

 

 

Reps. Voorhees and Goschka moved to amend the bill as follows:

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

"(iii) A NONPROFIT DENTAL CARE CORPORATION OPERATING PURSUANT TO 1963 PA 125, MCL 550.351 TO 550.373.".

2. Amend page 4, following line 21, by inserting:

"(G) A NONPROFIT DENTAL CARE CORPORATION OPERATING PURSUANT TO 1963 PA 125, MCL 550.351 TO 550.373.".

The question being on the adoption of the amendments offered by Reps. Voorhees and Goschka,

Rep. Voorhees demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendments offered by Reps. Voorhees and Goschka,

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

 

 

Roll Call No. 845 Yeas--52

 

 

 

 

Nays--55

 

 

 

 

In The Chair: Hertel

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.

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. 4996, entitled

A bill to amend 1976 PA 267, entitled "Open meetings act," by amending sections 2 and 3 (MCL 15.262 and 15.263), section 3 as amended by 1988 PA 278.

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

 

 

Roll Call No. 846 Yeas--56

 

 

 

 

Nays--52

 

 

 

 

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.

Rep. Kaza, 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:

The state freedom of information and open meetings acts apply to government bodies, not private entities.

This bill would apply the OMA to the Michigan Catastrophic Claims Association (MCCA).

In a unanimous 1990 opinion the Michigan Supreme Court held the MCCA "was created as a private association, not a state agency...Taken as a whole, the characteristics of the MCCA lead to recognition as a private association."

 

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 4996 because I believe it is WRONG for government to impose requirements generally associated with public agencies upon the private sector. The Michigan Supreme Court ruled that the MCCA is, in fact, a private entity established primarily for private not public benefit. These bills establish a precedent I am unwilling to support."

 

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

"Mr. Speaker and members of the House:

This bill would open all MCCA meetings to the 'Open Meetings Act'. On it's face, this is a great idea, although an in-depth look into this bill would show that the cases that are reviewed by the MCCA are grotesque as well as private. If we open these meetings, the victims of accidents will lose their privacy and again be hurt by public disclosure. We need to take a stand for individual privacy rights--and this is a start."

 

Rep. Voorhees, 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 not for these bills because the Michigan Catastrophic Claims Association is a private nonprofit association and not a public entity as ruled by the Michigan Supreme Court. The MCCA is constantly dealing with the private and sensitive medical information of injury victims - information that should not be heard or obtained by the public. Furthermore, this bill is again absent of equity. My amendment to subject Health Care Corporations to Open Meetings and FOIA stipulations was not adopted, therefore I cannot support the bill."

 

 

 

 

The Speaker called Acting Speaker DeHart to the Chair.

 

 

 

 

House Bill No. 5076, entitled

A bill to amend 1980 PA 350, entitled "The nonprofit health care corporation reform act," (MCL 550.1101 to 550.1704) by adding section 418.

The bill was read a second time.

Reps. Voorhees and Goschka moved to amend the bill as follows:

1. Amend page 2, following line 9, by inserting:

"(3) THE AUDITOR GENERAL OR A CERTIFIED PUBLIC ACCOUNTANT APPOINTED BY THE AUDITOR GENERAL SHALL CONDUCT AND REMIT TO THE SENATE AND HOUSE OF REPRESENTATIVES STANDING COMMITTEES ON INSURANCE ISSUES A PERFORMANCE AUDIT OF THE HEALTH CARE CORPORATION BY MARCH 1, 1999 AND EVERY 4 YEARS THEREAFTER. IN CONDUCTING THE AUDIT, THE AUDITOR GENERAL OR APPOINTED CERTIFIED PUBLIC ACCOUNTANT SHALL HAVE ACCESS TO ALL RECORDS OF THE HEALTH CARE CORPORATION. EACH AUDIT REQUIRED BY THIS SUBSECTION SHALL INCLUDE A DETERMINATION OF WHETHER THE HEALTH CARE CORPORATION IS LIKELY TO BE ABLE TO CONTINUE TO MEET ITS OBLIGATIONS.".

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

Rep. Voorhees demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 847 Yeas--37

 

 

Fitzgerald

 

 

Nays--66

 

 

Dobb Kelly

 

 

In The Chair: DeHart

 

 

Reps. Voorhees and Goschka moved to amend the bill as follows:

1. Amend page 2, following line 9, by inserting:

"(3) NOTWITHSTANDING ANY OTHER PROVISION OF THIS ACT, THE BUSINESS THAT THE HEALTH CARE CORPORATION MAY PERFORM SHALL BE CONDUCTED AT A PUBLIC MEETING OF THE BOARD HELD IN COMPLIANCE WITH THE OPEN MEETINGS ACT, 1976 PA 267, MCL 15.261 TO 15.275.

(4) NOTWITHSTANDING ANY OTHER PROVISION OF THIS ACT, A WRITING PREPARED, OWNED, USED, IN THE POSSESSION OF, OR RETAINED BY THE HEALTH CARE CORPORATION IN THE PERFORMANCE OF AN OFFICIAL FUNCTION IS SUBJECT TO THE FREEDOM OF INFORMATION ACT, 1976 PA 442, MCL 15.231 TO 15.246. HOWEVER, INFORMATION AS TO A MEMBER'S CLAIM OR CASE OR INFORMATION THAT WOULD LEAD TO INFORMATION THAT IDENTIFIES A MEMBER'S CLAIM OR CASE IS EXEMPT FROM DISCLOSURE UNDER THE FREEDOM OF INFORMATION ACT, 1976 PA 442, MCL 15.231 TO 15.246.".

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

Rep. Voorhees demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 848 Yeas--41

 

 

Fitzgerald

 

 

Nays--62

 

 

DeHart Kelly

 

 

In The Chair: DeHart

 

 

Rep. Gubow 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. 5076, entitled

A bill to amend 1980 PA 350, entitled "The nonprofit health care corporation reform act," (MCL 550.1101 to 550.1704) by adding section 418.

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

 

 

Roll Call No. 849 Yeas--105

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Rep. Crissman moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed, a majority of the members voting therefor.

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. 5135, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," (MCL 500.100 to 500.8302) by adding section 3406j.

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

 

 

Roll Call No. 850 Yeas--103

 

 

 

 

Nays--0

 

 

In The Chair: DeHart

 

 

The House agreed to the title of the bill.

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

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

 

 

 

 

Rep. Gagliardi moved that House Committees be given leave to meet during the balance of today's session.

The motion prevailed.

By unanimous consent the House returned to the order of

 

 

Reps. Brater, Hanley, Crissman, Gubow, Hale, Wojno, Cherry, Prusi, Tesanovich, DeHart, Kelly, Dobronski, Baird, Mans, Bogardus, Birkholz, Scranton, Richner, Fitzgerald, Godchaux, Jansen, Martinez, Lowe, Oxender, Cassis, Hammerstrom, Wetters, LaForge, Parks, Murphy, Bodem, Goschka, Gire, Brackenridge, Harder, Scott, Anthony, Kilpatrick and Profit offered the following resolution:

House Resolution No. 156.

A resolution honoring the Ann Arbor District Library on being named "1997 Library of the Year".

Whereas, The Ann Arbor District Library was named "1997 Library of the Year" by Gale Research; and

Whereas, The Ann Arbor District Library has reinvented itself as an independent public agency for the present and future of this age of information technology requiring the creation and reworking of all the internal operations of the library while maintaining uninterrupted services; and

Whereas, The Ann Arbor District Library strives to provide "open access to information resources, and services that support and enrich the lives of the communities it services," and will provide expanding opportunities to enrich and inform users' lives; and

Whereas, One of the first changes made at the Ann Arbor District Library was the purchase of a T-1 line which provided all the branches access to the World Wide Web and the Internet. Along with a CD-ROM, local area networks bring in new information sources, including a special youth section featuring safe places for kids to "surf the web"; and

Whereas, The Ann Arbor District Library has established a "Welcome to the Library" packet aimed at parents of children at risk. Developed with the Ann Arbor Public Schools, the packet includes a bookmark listing of titles for reading to children and information on community classes and services. The library has also restructured the Outreach Department to improve services to seniors by promoting movable displays to promote books in senior centers; and

Whereas, The Ann Arbor District Library celebrated African-American History month with storytelling, art, and theater, drawing more than 1,000 people, forty percent of whom had never been to the library. The "log on the library day" series drew more than 1,000 people, where the T-1 line, the World Wide Web, and the Internet connections were featured. Also sponsored was World Literacy Day, Homeless Week, and the Family Reading Program; now, therefore, be it

Resolved by the House of Representatives, That we offer our congratulations to the Ann Arbor District Library on being named the "1997 Library of the Year" and wish the staff and Board of Directors ongoing success in their future endeavors on behalf of their patrons; and be it further

Resolved, That copies of this resolution be transmitted to the staff and members of the board upon this honor.

Pending the reference of the resolution to a committee,

Rep. Gagliardi moved that Rule 77 be suspended and the resolution be considered at this time.

The motion prevailed, 3/5 of the members present voting therefor.

The question being on the adoption of the resolution,

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

 

 

Reps. Mans and Schermesser offered the following resolution:

House Resolution No. 157.

A resolution to memorialize the Congress of the United States to enact legislation to safeguard privacy rights specific to new and emerging communications and other technologies.

Whereas, Our country is built on respect for individual rights, including the right to privacy. The level of security citizens enjoy is under new threats from technologies that were unimaginable only a few short years ago. As more and more information is converted to digital formats, there are increasing challenges to our ability to keep information out of the hands of others; and

Whereas, Remarkable advances in cable television, computers, the Internet, and wireless communications have made it possible to monitor virtually any activity a person undertakes. The ability to store massive amounts of data and to manipulate it has an impact on how we work, handle our finances, express ourselves, and spend our time and energy. This information is already used by businesses as they aim their marketing; and

Whereas, The new technologies extend beyond money and the workplace. Breakthroughs in genetic engineering will likely soon make it possible to predict who will develop certain illnesses in the years to come. This holds serious ramifications for society. Decisions on employment, insurance, and access to health care could be made on the basis of genetic materials gathered, stored, and manipulated; and

Whereas, Before the new technologies become so widespread that they are a source of concern rather than tools for progress, it is essential that our laws reaffirm the rights of privacy for Americans; now, therefore, be it

Resolved by the House of Representatives, That we memorialize the Congress of the United States to enact legislation to safeguard privacy rights specific to new and emerging communications and other technologies; 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 Advanced Technology and Computer Development.

 

 

Reps. Mans, Wojno, Kaza, Schermesser, Parks, Hale, Profit, Voorhees and Varga offered the following concurrent resolution:

House Concurrent Resolution No. 68.

A concurrent resolution to memorialize the Congress of the United States to enact legislation to safeguard privacy rights specific to new and emerging communications and other technologies.

Whereas, Our country is built on respect for individual rights, including the right to privacy. The level of security citizens enjoy is under new threats from technologies that were unimaginable only a few short years ago. As more and more information is converted to digital formats, there are increasing challenges to our ability to keep information out of the hands of others; and

Whereas, Remarkable advances in cable television, computers, the Internet, and wireless communications have made it possible to monitor virtually any activity a person undertakes. The ability to store massive amounts of data and to manipulate it has an impact on how we work, handle our finances, express ourselves, and spend our time and energy. This information is already used by businesses as they aim their marketing; and

Whereas, The new technologies extend beyond money and the workplace. Breakthroughs in genetic engineering will likely soon make it possible to predict who will develop certain illnesses in the years to come. This holds serious ramifications for society. Decisions on employment, insurance, and access to health care could be made on the basis of genetic materials gathered, stored, and manipulated; and

Whereas, Before the new technologies become so widespread that they are a source of concern rather than tools for progress, it is essential that our laws reaffirm the rights of privacy for Americans; now, therefore, be it

Resolved by the House of Representatives (the Senate concurring), That we memorialize the Congress of the United States to enact legislation to safeguard privacy rights specific to new and emerging communications and other technologies; 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 Advanced Technology and Computer Development.

 

 

Reps. Palamara, Hertel, Wallace, Schauer, Mans, Wojno, DeHart, Thomas, Profit, Goschka, LaForge, Cherry, McNutt, Schermesser, Gubow, Hood, Parks, Freeman, McBryde, Hale, Basham, Owen, Varga, Leland, Voorhees, Richner, Tesanovich, Vaughn, Scott, Murphy, Alley, Dobronski, Hanley and London offered the following concurrent resolution:

House Concurrent Resolution No. 69.

A concurrent resolution to urge the President of the United States to designate the Detroit River as an American Heritage River.

Whereas, On September 11, 1997, the President of the United States established the American Heritage Rivers initiative through an Executive Order. The initiative has three objectives: natural resource and environmental protection, economic revitalization, and historic and cultural preservation. The program will provide assistance to community-led waterfront projects seeking to build upon resources that are vital to our economy, our heritage, and our future; and

Whereas, The process of selecting the first ten rivers for the program will start with nominations by local communities. The key to the success of this entire concept will be strong cooperation among local units, private and public interests, and state government. Another important element of the initiative is that it creates no new regulatory authority and will not interfere with state, local, or tribal jurisdiction; and

Whereas, Few rivers more aptly fit the profile of the American Heritage Rivers initiative than the Detroit River. As the link to the upper Great Lakes, the Detroit River is a thoroughfare for commerce and travel that has shaped the lives and fortunes of generations. From the canoes of Indians and voyageurs to the mighty lake freighters, the Detroit River has been the lifeblood of the entire region; and

Whereas, The Detroit River was the catalyst for the heartland's earliest industry, the fur trade. It transported the riches of the mines of Michigan and Minnesota, and the fortunes of the lumber era. It brought the people who came to the interior of the continent to build some of America's greatest cities, including Detroit, Chicago, and Milwaukee. It helped in the birth and growth of the automobile. The development of the Midwest region as an agricultural and industrial center for the world would have been impossible without the access to markets provided by the Detroit River; and

Whereas, The Detroit River is also unique in its geography as part of the world's most peaceful international boundary. Along its shores are two countries that symbolize the spirit of cooperation and shared values, including a strong appreciation for this mighty waterway; now, therefore, be it

Resolved by the House of Representatives (the Senate concurring), That we urge the President of the United States to designate the Detroit River as an American Heritage River; and be it further

Resolved, That copies of this resolution be transmitted to the Office of the President of the United States and to the American Heritage Rivers Interagency Committee.

The concurrent resolution was referred to the Committee on House Oversight and Ethics.

 

 

Reps. Alley, Middaugh, LeTarte, Sikkema, Griffin, Rhead, London, Richner, Birkholz, Kelly, Schermesser, Kilpatrick, Palamara, Walberg, Thomas, Callahan, McManus, Varga, Wetters, Mans, Geiger, Wojno and Bodem offered the following concurrent resolution:

House Concurrent Resolution No. 70.

A concurrent resolution to urge the President of the United States to reject any agreement on limiting greenhouse gas emissions that apply restrictions only to developed nations and exempt other nations.

Whereas, The United States government is involved in United Nations negotiations aimed at reducing greenhouse gas emissions in the post-2000 period; and

Whereas, These negotiations are expected to culminate in an agreement by the end of 1997, which will legally bind the United States to reduce energy usage; and

Whereas, The "Berlin Mandate Decision" already specifically exempts all developing countries from emission reduction requirements, which will preclude meaningful progress worldwide to stabilize carbon dioxide concentrations; and

Whereas, The United Nations negotiating parties made a fundamental error when they agreed to negotiate legally binding carbon restrictions on the United States and other industrialized countries but agreed to exempt high-growth developing countries like China, Mexico, Brazil, and Korea from any new carbon reduction commitments; and

Whereas, As much as 60 percent of global carbon emissions are expected to come from developing countries in the next few decades; and

Whereas, The exclusion of new commitments by developing nations will create a powerful incentive to export jobs and capital from the United States, shift greenhouse gas emissions to other countries, and do little or nothing to stabilize atmospheric concentrations of carbon; and

Whereas, Such an uneven playing field will cause the loss of high-paying United States jobs in mining, manufacturing, energy, transport, and other sectors; and

Whereas, Carbon taxes, or equivalent programs, will raise electricity, gasoline, and other energy prices significantly to consumers and are highly regressive and most harmful to citizens who live on fixed incomes or work at poverty-level wages; and

Whereas, The United States government has not completed a thorough economic analysis of the effects of a treaty on the United States economy, even though United States negotiators have been at the bargaining table for over eighteen months and have agreed to a December 1997 deadline for finalizing this far-reaching treaty or protocol; now, therefore, be it

Resolved by the House of Representatives (the Senate concurring), That we urge the President of the United States to reject any agreement, in Kyoto in December 1997 or later, on limiting greenhouse gas emissions that apply restrictions only to developed nations and exempt other nations, or that adversely affect the people, prosperity, or employment stability of the United States or any region or sector; and be it further

Resolved, That a copy of this resolution be transmitted to the office of the President of the United States.

The concurrent resolution was referred to the Committee on Conservation, Environment and Recreation.

 

 

 

 

The Committee on Consumer Protection, by Rep. Brater, Chair, reported

House Bill No. 4972, entitled

A bill to amend 1990 PA 48, entitled "An act to prohibit the use of a facsimile machine to transmit unsolicited advertising messages; to prescribe the powers and duties of certain state agencies and officials; and to provide remedies and prescribe penalties," by amending section 6 (MCL 445.1776).

With the recommendation that the bill pass.

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

The Committee on Tax Policy, by Rep. Profit, Chair, reported

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

HB 4801 To Report Out:

Yeas: Reps. Gire, Bogardus, Agee, Brown, Cherry, Curtis, Kilpatrick, LaForge, Schauer, Scott, Dalman, Crissman, Cropsey, Jelinek, LeTarte, McNutt, Middleton,

Nays: None.

 

 

The Committee on Education, by Rep. Gire, Chair, reported

House Bill No. 5215, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 1531 (MCL 380.1531), as amended by 1995 PA 289.

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.

 

 

 

HB 5215 To Report Out:

Yeas: Reps. Gire, Bogardus, Agee, Brown, Cherry, Curtis, LaForge, Schauer, Scott, Dalman, Crissman, Cropsey, Jelinek, LeTarte, McNutt, Middleton,

Nays: None.

 

 

 

The following report, submitted by Rep. Gire, Chair of the Committee on Education, was received and read:

Meeting held on: Wednesday, October 15, 1997, at 12:00 Noon,

Present: Reps. Gire, Bogardus, Agee, Brown, Cherry, Curtis, Kilpatrick, LaForge, Schauer, Scott, Dalman, Crissman, Cropsey, Jelinek, LeTarte, McNutt, Middleton.

 

 

 

The following report, submitted by Rep. Vaughn, Chair of the Committee on Constitutional and Civil Rights, was received and read:

Meeting held on: Tuesday, October 14, 1997, at 3:30 p.m.,

Present: Reps. Vaughn, Freeman, Baird, Wallace, McManus, Kaza, Whyman,

Absent: Reps. Dobronski, Llewellyn,

Excused: Reps. Dobronski, Llewellyn.

 

 

 

The following report, submitted by Rep. Cherry, Chair of the Committee on Colleges and Universities, was received and read:

Meeting held on: Wednesday, October 15, 1997, at 10:30 a.m.,

Present: Reps. Cherry, Brown, Brater, Curtis, Quarles, LeTarte, Dalman, Scranton, Walberg.

 

 

 

 

House Bill No. 4773, entitled

A bill to amend 1975 PA 228, entitled "Single business tax act," by amending section 35 (MCL 208.35), as amended by 1995 PA 255.

The Senate has substituted (S-1) the bill.

The Senate has passed the bill as substituted (S-1), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title of the bill.

The Speaker announced that pursuant to Rule 45, the bill was laid over one day.