No. 85
JOURNAL OF THE HOUSE
House Chamber, Lansing, Wednesday, October 29, 1997.
2:00 p.m.
The House was called to order by the Associate Speaker Pro Tempore.
The roll was called by the Clerk of the House of Representatives, who announced that a quorum was present.
Agee--present
Alley--present
Anthony--present
Baade--present
Baird--present
Bankes--e/d/s
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--excused
Galloway--absent
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--excused
Hood--excused
Horton--present
Jansen--present
Jaye--present
Jelinek--present
Jellema--present
Johnson--present
Kaza--present
Kelly--present
Kilpatrick--e/d/s
Kukuk--present
LaForge--present
Law--present
Leland--present
LeTarte--present
Llewellyn--present
London--present
Lowe--present
Mans--present
Martinez--present
Mathieu--excused
McBryde--present
McManus--present
McNutt--e/d/s
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--excused
Vaughn--excused
Voorhees--present
Walberg--present
Wallace--present
Wetters--present
Whyman--present
Willard--present
Wojno--present
e/d/s = entered during session
Rep. Keith Stallworth, from the 12th District, offered the following invocation:
"Dear Lord, bless this chamber and members of this House as we humbly attempt to improve the quality of life for the citizens of Michigan. Give us the wisdom to seek truth, fairness and equity in our deliberations. Give us the strength to voice and vote our convictions, and open our hearts to consider the needs of those less fortunate. Dear Lord, bless us with the consciousness of Your Shepherd so that we may not forget that our success is not measured by the fattest of our flock, but rather by the care and concern that we deliver to the weakest and lost lamb. Help us to always remember that Your Word, the Living Word, is the law, and that our meager efforts to legislate rules for our society mean nothing if we disobey Your basic expectation to love one another. Dear Lord, lift us up so that we may perform beyond our capability and to Your expectations. We thank You for the opportunity to serve. In Jesus Name, let the people say, Amen."
______
Rep. Dobronski moved that Reps. Hertel, Vaughn, Gagliardi, Hood and Mathieu be excused from today's session.
The motion prevailed.
Second Reading of Bills
House Bill No. 5018, entitled
A bill to require certain credit reporting agencies to disclose certain information to certain consumers.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Consumer Protection,
The substitute (H-1) was 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.
Senate Bill No. 546, entitled
A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 8117 (MCL 600.8117).
Was read a second time, and the question being on the adoption of the proposed amendments previously recommended by the Committee on Judiciary (for amendments, see House Journal No. 81, p. 2166),
The amendments were adopted, a majority of the members serving voting therefor.
Rep. Cherry 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. Cherry moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the House returned to the order of
Third Reading of Bills
Senate Bill No. 546, entitled
A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 8117 (MCL 600.8117).
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 883 Yeas--98
Agee | Dobb | Kaza | Price |
Alley | Dobronski | Kelly | Profit |
Anthony | Fitzgerald | Kukuk | Prusi |
Baade | Frank | LaForge | Quarles |
Baird | Freeman | Law | Raczkowski |
Basham | Geiger | Leland | Rhead |
Birkholz | Gernaat | LeTarte | Richner |
Bobier | Gilmer | Llewellyn | Rison |
Bodem | Gire | London | Rocca |
Bogardus | Godchaux | Lowe | Schauer |
Brackenridge | Goschka | Mans | Schermesser |
Brater | Green | Martinez | Schroer |
Brewer | Griffin | McBryde | Scott |
Brown | Gubow | McManus | Scranton |
Byl | Gustafson | Middaugh | Sikkema |
Callahan | Hale | Middleton | Stallworth |
Cassis | Hammerstrom | Murphy | Tesanovich |
Cherry | Hanley | Nye | Thomas |
Ciaramitaro | Harder | Olshove | Walberg |
Crissman | Horton | Owen | Wallace |
Cropsey | Jansen | Oxender | Wetters |
Curtis | Jaye | Palamara | Whyman |
Dalman | Jelinek | Parks | Willard |
DeHart | Jellema | Perricone | Wojno |
DeVuyst Johnson
Nays--0
In The Chair: Gire
Pursuant to Joint Rule 20, the full title of the bill shall read as follows:
"An act to revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of such courts, and of the judges and other officers thereof; the forms and attributes of civil claims and actions; the time within which civil actions and proceedings may be brought in said courts; pleading, evidence, practice and procedure in civil and criminal actions and proceedings in said courts; to provide remedies and penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with, or contravening any of the provisions of this act,".
The House agreed to the full title of the bill.
Rep. Cherry 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
Reports of Standing Committees
The Speaker laid before the House
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.
(For text of resolution, see House Journal No. 79, p. 2137.)
(The concurrent resolution was reported by the Committee on Conservation, Environment and Recreation on October 23, consideration of which was postponed until October 28 under the rules.)
The question being on the adoption of the concurrent resolution,
Reps. Middaugh and Alley moved to amend the concurrent resolution as follows:
1. Amend the second Resolving clause, line 2, after "United States" by inserting "and the members of the Michigan congressional delegation".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Alley moved to amend the concurrent resolution as follows:
1. Amend the resolution, by striking out all of the eighth Whereas clause and inserting:
"Whereas, Programs to limit greenhouse gases may have the effect of raising energy costs; and".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
The question being on the adoption of the concurrent resolution,
The concurrent resolution was adopted, a majority of the members serving voting therefor.
______
Rep. Kilpatrick entered the House Chambers.
Rep. McNutt entered the House Chambers.
Third Reading of Bills
Rep. Cherry moved that House Bill No. 5018 be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
House Bill No. 5018, entitled
A bill to require certain credit reporting agencies to disclose certain information to certain consumers.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 884 Yeas--72
Agee | DeHart | Kilpatrick | Profit |
Alley | Dobronski | LaForge | Prusi |
Anthony | Emerson | Law | Quarles |
Baade | Fitzgerald | Leland | Raczkowski |
Baird | Frank | LeTarte | Rison |
Basham | Freeman | Llewellyn | Rocca |
Bobier | Gire | Lowe | Schauer |
Bogardus | Goschka | Mans | Schermesser |
Brater | Gubow | Martinez | Schroer |
Brewer | Gustafson | McBryde | Scott |
Brown | Hale | McManus | Stallworth |
Byl | Hammerstrom | Middleton | Tesanovich |
Callahan | Hanley | Murphy | Thomas |
Cassis | Harder | Nye | Walberg |
Cherry | Jaye | Olshove | Wallace |
Ciaramitaro | Jellema | Palamara | Wetters |
Cropsey | Kaza | Parks | Willard |
Curtis | Kelly | Price | Wojno |
Nays--27
Birkholz | Geiger | Jelinek | Perricone |
Bodem | Gernaat | Johnson | Rhead |
Brackenridge | Gilmer | Kukuk | Richner |
Crissman | Godchaux | London | Scranton |
Dalman | Green | McNutt | Sikkema |
DeVuyst | Horton | Middaugh | Whyman |
Dobb | Jansen | Oxender |
In The Chair: Gire
The question being on agreeing to the title of the bill,
Rep. Cherry moved to amend the title to read as follows:
A bill to require certain consumer reporting agencies to disclose certain information to certain consumers.
The motion prevailed.
The House agreed to the title as amended.
Rep. Cherry 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. 4984, entitled
A bill to amend 1971 PA 227, entitled "An act to prescribe the rights and duties of parties to home solicitation sales," by amending section 3 (MCL 445.113).
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Consumer Protection,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Reps. Rhead, Profit and Palamara moved to amend the bill as follows:
1. Amend page 5, following line 30, by inserting:
"(5) THIS SECTION SHALL NOT APPLY TO A TELEPHONIC SALE WHEN THE SELLER GIVES THE BUYER AT LEAST 7 DAYS TO REVIEW GOODS OR SERVICES AND THE RIGHT TO RETURN OR CANCEL FOR A FULL REFUND AND THE REFUND IS PROCESSED BY THE SELLER WITHIN 30 DAYS OF RECEIPT OF RETURNED GOODS OR NOTICE OF CANCELLATION.".
The question being on the adoption of the amendment offered by Reps. Rhead, Profit and Palamara,
Rep. Rhead demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Reps. Rhead, Profit and Palamara,
Rep. Ciaramitaro moved that consideration of the amendment be postponed temporarily.
The motion prevailed.
______
Rep. Cherry moved that House Committees be given leave to meet during the balance of today's session.
The motion prevailed.
Rep. Bankes entered the House Chambers.
By unanimous consent the House returned to the order of
Reports of Standing Committees
The Committee on Tax Policy, by Rep. Profit, Chair, reported
House Bill No. 5309, entitled
A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 36 (MCL 211.36), as amended by 1994 PA 343.
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 5309 To Report Out:
Yeas: Reps. Profit, Quarles, Agee, Freeman, Gubow, Hanley, Wojno, Perricone, Brackenridge, Cassis, Dobb, Middleton, Whyman,
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, October 29, 1997, at 11:00 a.m.,
Present: Reps. Profit, Quarles, Agee, Freeman, Gubow, Hanley, Wetters, Wojno, Perricone, Brackenridge, Cassis, Dobb, Middleton, Whyman,
Absent: Reps. Palamara, Wallace, Goschka,
Excused: Reps. Palamara, Wallace, Goschka.
The Committee on Forestry and Mineral Rights, by Rep. Anthony, Chair, reported
House Bill No. 4061, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 503 and 2132 (MCL 324.503 and 324.2132), section 503 as amended by 1996 PA 133 and section 2132 as added by 1995 PA 60, and by adding part 610.
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 4061 To Report Out:
Yeas: Reps. Anthony, Callahan, Alley, Middleton, DeVuyst, Gernaat, Lowe,
Nays: None.
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Anthony, Chair of the Committee on Forestry and Mineral Rights, was received and read:
Meeting held on: Tuesday, October 28, 1997, at 10:30 a.m.,
Present: Reps. Anthony, Callahan, Alley, Bogardus, Brater, Middleton, DeVuyst, Gernaat, Lowe.
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Brater, Chair of the Committee on Consumer Protection, was received and read:
Meeting held on: Wednesday, October 29, 1997, at 9:00 a.m.,
Present: Reps. Brater, DeHart, Brown, Freeman, Gire, Crissman, Cropsey, Perricone,
Absent: Rep. Law.
The Committee on Judiciary, by Rep. Wallace, Chair, reported
House Bill No. 4837, entitled
A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 2162 (MCL 600.2162), as amended by 1994 PA 67.
With the recommendation that the following amendment be adopted and that the bill then pass.
1. Amend page 3, following line 20, by inserting:
"Enacting section 1. This amendatory act takes effect January 1, 1998.".
The bill and amendment were referred to the order of Second Reading of Bills.
Favorable Roll Call
HB 4837 To Report Out:
Yeas: Reps. Wallace, Baird, Curtis, Freeman, Gubow, Schauer, Vaughn, Wojno, Nye, Cropsey, Fitzgerald, Law, McNutt, Richner,
Nays: None.
The Committee on Judiciary, by Rep. Wallace, Chair, reported
Senate Bill No. 6, entitled
A bill to amend 1931 PA 328, entitled "The Michigan penal code," (MCL 750.1 to 750.568) by adding section 217b.
With the recommendation that the following amendments be adopted and that the bill then pass.
1. Amend page 2, line 4, by striking out all of subsection (3) and renumbering the remaining subsection.
2. Amend page 2, following line 12, by striking out all of enacting section 1 and inserting:
"Enacting section 1. This amendatory act takes effect January 1, 1998.".
The bill and amendments were referred to the order of Second Reading of Bills.
Favorable Roll Call
SB 6 To Report Out:
Yeas: Reps. Wallace, Baird, Curtis, Freeman, Gubow, Schauer, Vaughn, Wojno, Nye, Cropsey, Fitzgerald, Law, McNutt, Richner,
Nays: None.
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Wallace, Chair of the Committee on Judiciary, was received and read:
Meeting held on: Tuesday, October 28, 1997, at 9:00 a.m.,
Present: Reps. Wallace, Baird, Curtis, Freeman, Gubow, Kilpatrick, Schauer, Vaughn, Willard, Wojno, Nye, Cropsey, Dalman, Fitzgerald, Law, McNutt, Richner.
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Wallace, Chair of the Committee on Judiciary, was received and read:
Meeting held on: Wednesday, October 29, 1997, at 1:00 p.m.,
Present: Reps. Wallace, Baird, Curtis, Freeman, Gubow, Schauer, Willard, Wojno, Nye, Cropsey, Dalman, Fitzgerald, McNutt, Richner,
Absent: Reps. Kilpatrick, Vaughn, Law.
Messages from the Senate
House Bill No. 4080, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending section 21004 (MCL 333.21004), as amended by 1982 PA 354.
The Senate has passed the bill and pursuant to Joint Rule 20, inserted the full title of the bill.
The House agreed to the full title of the bill.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 4654, entitled
A bill to amend 1966 PA 331, entitled "Community college act of 1966," by amending sections 103, 111, 121, and 124 (MCL 389.103, 389.111, 389.121, and 389.124).
The Senate has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title of the bill.
The House agreed to the full title of the bill.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 4728, entitled
A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending sections 263 and 264 (MCL 750.263 and 750.264); and to repeal acts and parts of acts.
The Senate has amended the bill as follows:
1. Amend page 3, line 12, after "ARREST." by striking out the balance of the subsection and inserting "AN ITEM OF PROPERTY THAT BEARS A COUNTERFEIT MARK IS SUBJECT TO FORFEITURE IN THE SAME MANNER AS PROVIDED IN SECTIONS 4701 TO 4709 OF THE REVISED JUDICATURE ACT OF 1961, 1961 PA 236, MCL 600.4701 TO 600.4709. UPON DETERMINATION THAT AN ITEM OF PROPERTY BEARS A COUNTERFEIT MARK, THE COURT SHALL ORDER THE ITEM FORFEITED AND SHALL DO 1 OF THE FOLLOWING:
(A) IF THE OWNER OF THE IDENTIFYING MARK REQUESTS, RETURN THE ITEM TO THAT OWNER FOR DESTRUCTION OR ANOTHER DISPOSITION OR USE APPROVED BY THE COURT.
(B) IN THE ABSENCE OF A REQUEST UNDER SUBDIVISION (A), ORDER THE SEIZING LAW ENFORCEMENT AGENCY TO DESTROY THE ITEM AS CONTRABAND OR ORDER AN ALTERNATIVE DISPOSITION OR USE WITH THE CONSENT OF THE OWNER OF THE IDENTIFYING MARK.".
2. Amend page 5, following line 20, enacting section 2, after "effect" by striking out "September" and inserting "November".
The Senate has passed the bill as amended, 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.
House Bill No. 4729, entitled
A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 4701 (MCL 600.4701), as amended by 1996 PA 327.
The Senate has amended the bill as follows:
1. Amend page 4, following line 6, enacting section 1, after "effect" by striking out "September" and inserting "November".
The Senate has passed the bill as amended, 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.
House Bill No. 4768, entitled
A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," (MCL 600.101 to 600.9948), by adding section 2964.
The Senate has amended the bill as follows:
1. Amend page 3, line 3, after "effect" by striking out "July" and inserting "November".
The Senate has passed the bill as amended, 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.
Notices
I hereby give notice that on the next legislative session day I will move to discharge the Committee on Judiciary from further consideration of House Joint Resolution C.
Rep. Raczkowski
Public Hearing
Committee on Urban Policy and Economic Development
Date: Monday, November 10, 1997
Time: 6:30 p.m.
Place: Commission Chambers, 300 Monroe NW, Grand Rapids, Michigan
Rep. Hanley
Chair
Agenda: Improve living conditions in the state's major cities
and any/or all business properly before the committee
Announcement by the Clerk of Printing and Enrollment
The Clerk announced the enrollment printing and presentation to the Governor on Thursday, October 23, for his approval of the following bills:
Enrolled Senate Bill No. 444 at 2:55 p.m.
Enrolled Senate Bill No. 19 at 2:57 p.m.
Enrolled Senate Bill No. 262 at 2:59 p.m.
Enrolled Senate Bill No. 277 at 3:01 p.m.
Enrolled Senate Bill No. 408 at 3:03 p.m.
Enrolled Senate Bill No. 414 at 3:05 p.m.
The Clerk announced that the following bills had been printed and placed upon the files of the members, Friday, October 24:
Senate Bill Nos. 762 763 764 765 766 767 768 769 770 771
The Clerk announced that the following Senate bills had been received on Wednesday, October 29:
Senate Bill Nos. 299 502 535 554 683 694 729 730 731 742
The Clerk announced that the following Senate bills had been approved and signed by the Governor:
Enrolled Senate Bill No. 414 - Public Act No. 118
Enrolled Senate Bill No. 118 - Public Act No. 119
Enrolled Senate Bill No. 119 - Public Act No. 120
Enrolled Senate Bill No. 120 - Public Act No. 121
Introduction of Bills
Reps. Mans, Varga, Brater, Parks, LaForge, Prusi, Cherry, Bogardus, Thomas, DeHart, Kelly and Callahan introduced
House Bill No. 5320, entitled
A bill to regulate the selling and leasing of hearing aids; to require manufacturers to provide an express warranty; and to provide for remedies.
The bill was read a first time by its title and referred to the Committee on Consumer Protection.
Rep. Perricone introduced
House Bill No. 5321, entitled
A bill to amend 1979 PA 94, entitled "The state school aid act of 1979," by amending section 6 (MCL 388.1606), as amended by 1997 PA 93, and by adding section 166f.
The bill was read a first time by its title and referred to the Committee on Appropriations.
Reps. Brater, Ciaramitaro, Hale, Martinez, Basham, Murphy, Freeman, LaForge, Schroer, Anthony, Varga, Wetters, Tesanovich, Wojno, Goschka, Gire and Parks introduced
House Bill No. 5322, entitled
A bill to amend 1991 PA 179, entitled "Michigan telecommunications act," by amending section 314 (MCL 484.2314).
The bill was read a first time by its title and referred to the Committee on Public Utilities.
______
Rep. Kaza moved that the House adjourn.
The motion prevailed, the time being 3:20 p.m.
The Associate Speaker Pro Tempore declared the House adjourned until Thursday, October 30, at 10:00 a.m.
MARY KAY SCULLION
Clerk of the House of Representatives.