No. 9
STATE OF MICHIGAN
JOURNAL
OF THE
House of Representatives
89th Legislature
REGULAR SESSION OF 1998
House Chamber, Lansing, Wednesday, February 4, 1998.
2:00 p.m.
The House was called to order by the Speaker.
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--excused
Geiger--present
Gernaat--present
Gilmer--present
Gire--present
Godchaux--present
Goschka--present
Green--present
Griffin--absent
Gubow--present
Gustafson--present
Hale--present
Hammerstrom--present
Hanley--present
Harder--present
Hertel--present
Hood--present
Horton--present
Jansen--present
Jelinek--present
Jellema--present
Johnson--present
Kaza--present
Kelly--present
Kilpatrick--present
Kukuk--present
LaForge--present
Law--present
Leland--present
LeTarte--present
Llewellyn--present
London--present
Lowe--present
Mans--present
Martinez--present
Mathieu--present
McBryde--present
McManus--excused
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--excused
Wallace--present
Wetters--present
Whyman--present
Willard--present
Wojno--present
e/d/s = entered during session
Rep. Alan Cropsey, from the 86th District, offered the following invocation:
"Dear Lord, As we come before You in prayer today, we remember the words of Solomon: 'When the righteous are in authority, the people rejoice, but when the wicked beareth rule, the people mourn.' (Proverbs 29:2) 'Righteousness exalteth a nation, but sin is a reproach to any people.' (Proverbs 14:34)
May we keep our deliberation civil and may our motives be honest. Help us to mold our lives into conformity with Your will. Help us to lead the people of the State of Michigan in the righteous way.
May we understand the blessing that King David gave when he said: 'Blessed is the nation whose God is the Lord and the people whom He hath chosen for His own inheritance.' (Psalm 33:10)
May we also understand the warning that King David gave when he proclaimed: 'The wicked shall be turned into hell and all the nations that forget God.' (Psalm 9:17)
Keep our spirits sensitive to Your Spirit that we would walk the right road. Keep our hearts pure so that we will not be tempted to walk in a wicked pathway. Keep our intellects active so that we will always remember our Creator in all that we say and do. We ask this in the name of our Lord and Savior, Jesus Christ. Amen."
______
Rep. Hammerstrom moved that Reps. Galloway, McManus and Walberg be excused from today's session.
The motion prevailed.
Rep. Parks asked and obtained an excuse from the balance of today's and tomorrow's sessions.
Notices
February 4, 1998
In accordance with House Rule 10, I hereby designate Representative Eileen DeHart, to be the Presiding Officer for all, or part of today's session.
In accordance with House Rule 10, I hereby designate Representative Michael Hanley, to be the Presiding Officer for all, or part of today's session.
Sincerely,
Curtis Hertel
Speaker of the House
By unanimous consent the House returned to the order of
Second Reading of Bills
House Bill No. 5524, entitled
A bill to amend 1984 PA 431, entitled "The management and budget act," (MCL 18.1101 to 18.1594) by adding section 255.
Was read a second time, and the question being on the adoption of the proposed amendment previously recommended by the Committee on House Oversight and Ethics (for amendment, see House Journal No. 8, p. 123),
The amendment was adopted, a majority of the members serving voting therefor.
Rep. Kelly moved to amend the bill as follows:
1. Amend page 1, line 7, after "RECEIVING" by striking out "STATE".
2. Amend page 1, line 7, after "FUNDS" by inserting "FROM THE MICHIGAN TRANSPORTATION FUND".
The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.
Rep. Cropsey moved to amend the bill as follows:
1. Amend page 1, following line 10, following subsection (4), by inserting:
"(5) IN AWARDING A CONTRACT DESCRIBED IN SUBSECTION (1), THE STATE TRANSPORTATION DEPARTMENT SHALL NOT AWARD THAT CONTRACT TO A COUNTY ROAD COMMISSION WHOSE JURISDICTION IS OUTSIDE THE LOCAL GOVERNMENTAL UNIT IN WHICH THE CONTRACT WORK IS LOCATED UNLESS THAT COUNTY ROAD COMMISSION FILES A PERFORMANCE BOND IN AN AMOUNT EQUAL TO THE AMOUNT OF THE CONTRACT.".
The question being on the adoption of the amendment offered by Rep. Cropsey,
Rep. Cropsey demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Cropsey,
The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 41 Yeas--45
Alley Dobb Jelinek Middaugh
Bankes Fitzgerald Jellema Nye
Birkholz Geiger Johnson Oxender
Bobier Gernaat Kaza Perricone
Bodem Gilmer Kukuk Raczkowski
Brackenridge Godchaux LeTarte Rhead
Byl Green Llewellyn Richner
Cassis Gustafson London Sikkema
Crissman Hammerstrom Lowe Voorhees
Cropsey Horton McBryde Wetters
Dalman Jansen McNutt Whyman
DeVuyst
Nays--57
Agee Emerson LaForge Rison
Anthony Frank Leland Rocca
Baade Freeman Mans Schauer
Baird Gagliardi Martinez Schermesser
Basham Gire Mathieu Schroer
Bogardus Goschka Middleton Scott
Brater Gubow Murphy Scranton
Brewer Hale Olshove Stallworth
Brown Hanley Owen Tesanovich
Callahan Harder Palamara Thomas
Cherry Hertel Price Vaughn
Ciaramitaro Hood Profit Wallace
Curtis Kelly Prusi Willard
DeHart Kilpatrick Quarles Wojno
Dobronski
In The Chair: Hertel
______
Rep. Gagliardi moved that Rep. Scott be excused temporarily from today's session.
The motion prevailed.
Rep. Richner moved to amend the bill as follows:
1. Amend page 1, line 5, after "COMMISSION" by inserting "OR ANY OTHER LOCAL GOVERNMENTAL UNIT".
2. Amend page 1, line 7, after "COMMISSION" by inserting "OR ANY OTHER LOCAL GOVERNMENTAL UNIT".
3. Amend page 1, following line 10, subsection (3), after the first "COMMISSION" by striking out the balance of the bill and inserting "OR ANY OTHER LOCAL GOVERNMENTAL UNIT SHALL DECLARE IN WRITING THAT ANY OTHER COUNTY ROAD COMMISSION OR ANY OTHER LOCAL GOVERNMENTAL UNIT IN THIS STATE IS ELIGIBLE TO BID ON ANY ROAD PROJECT OFFERED BY THAT COUNTY ROAD COMMISSION OR OTHER LOCAL GOVERNMENTAL UNIT.
(4) AS A CONDITION OF BIDDING ON A CONTRACT DESCRIBED IN SUBSECTION (1), THE COUNTY ROAD COMMISSION OR ANY OTHER LOCAL GOVERNMENTAL UNIT SHALL CERTIFY IN WRITING THAT THEY SHALL NOT BID LESS THAN THEIR INCREMENTAL COSTS FOR THE WORK BEING CONTRACTED.".
The question being on the adoption of the amendments offered by Rep. Richner,
Rep. Richner demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendments offered by Rep. Richner,
Rep. Richner moved that amendment No. 3 be considered separately.
The motion prevailed.
The question being on the adoption of amendment Nos. 1 and 2 offered by Rep. Richner,
The amendments were not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 42 Yeas--45
Bankes Fitzgerald Jellema Middaugh
Birkholz Geiger Johnson Nye
Bobier Gernaat Kaza Oxender
Bodem Gilmer Kukuk Perricone
Brackenridge Godchaux Law Raczkowski
Byl Green LeTarte Rhead
Cassis Gustafson Llewellyn Richner
Crissman Hammerstrom London Scranton
Cropsey Horton Lowe Sikkema
Dalman Jansen McBryde Voorhees
DeVuyst Jelinek McNutt Whyman
Dobb
Nays--57
Agee Dobronski Kilpatrick Quarles
Alley Emerson LaForge Rison
Anthony Frank Leland Rocca
Baade Freeman Mans Schauer
Baird Gagliardi Martinez Schermesser
Basham Gire Mathieu Stallworth
Bogardus Goschka Middleton Tesanovich
Brater Gubow Murphy Thomas
Brewer Hale Olshove Varga
Brown Hanley Owen Vaughn
Callahan Harder Palamara Wallace
Cherry Hertel Price Wetters
Ciaramitaro Hood Profit Willard
Curtis Kelly Prusi Wojno
DeHart
In The Chair: Hertel
The question being on the adoption of amendment No. 3 offered by Rep. Richner,
Rep. Richner withdrew the amendment.
Rep. Voorhees moved to amend the bill as follows:
1. Amend page 1, line 6, after "CONTRACT." by inserting "FOR PURPOSES OF THIS SECTION, MAINTENANCE, REPAIR, OR RESURFACING DOES NOT INCLUDE RECONSTRUCTION.".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Kelly moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed, a majority of the members voting therefor.
______
The Speaker called Acting Speaker DeHart to the Chair.
House Bill No. 4028, entitled
A bill to provide for the readability of consumer contracts; to impose certain requirements relating to consumer contracts; to prescribe the powers and duties of certain state officers and departments; to provide remedies; to provide for limitation of actions; and to provide for civil fines and prescribe penalties for violations of this act.
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. Cropsey, Law, Crissman and Perricone moved to amend the bill as follows:
1. Amend page 8, line 6, after "general" by striking out "or a prosecuting attorney".
2. Amend page 8, line 10, after "general" by striking out "or a prosecuting attorney".
3. Amend page 8, line 13, by striking out all of section 11 and renumbering the remaining sections.
The motion did not prevail and the amendments were not adopted, a majority of the members serving not voting therefor.
Reps. Cropsey, Law, Crissman and Perricone moved to amend the bill as follows:
1. Amend page 10, following line 2, by inserting:
"Enacting section 1. This act takes effect 2 years after the date the secretary of state certifies to the legislature that all Michigan compiled laws and rules and regulations promulgated under the Michigan compiled laws are written in plain language.".
The question being on the adoption of the amendment offered by Reps. Cropsey, Law, Crissman and Perricone,
Rep. Cropsey demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Reps. Cropsey, Law, Crissman and Perricone,
The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 43 Yeas--43
Bankes Dobb Jelinek Middleton
Birkholz Fitzgerald Jellema Nye
Bobier Geiger Johnson Oxender
Bodem Gernaat Kaza Perricone
Brackenridge Gilmer Kukuk Raczkowski
Byl Godchaux Law Rhead
Cassis Green Llewellyn Richner
Crissman Gustafson Lowe Sikkema
Cropsey Hammerstrom McBryde Voorhees
Dalman Horton McNutt Whyman
DeVuyst Jansen Middaugh
Nays--59
Agee Dobronski LaForge Rison
Alley Emerson Leland Rocca
Anthony Frank LeTarte Schauer
Baade Freeman London Schermesser
Baird Gagliardi Mans Scranton
Basham Gire Martinez Stallworth
Bogardus Goschka Mathieu Tesanovich
Brater Gubow Murphy Thomas
Brewer Hale Olshove Varga
Brown Hanley Owen Vaughn
Callahan Harder Palamara Wallace
Cherry Hertel Price Wetters
Ciaramitaro Hood Profit Willard
Curtis Kelly Prusi Wojno
DeHart Kilpatrick Quarles
In The Chair: DeHart
Rep. Ciaramitaro moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed, a majority of the members voting therefor.
House Bill No. 5387, entitled
A bill to amend 1913 PA 206, entitled "An act to declare telephone lines and telephone companies within this state to be common carriers; to regulate the telephone business; to confer certain powers, duties, and responsibilities on the public service commission; to provide for the consolidation of telephone lines and telephone companies; to prohibit certain uses of telephone lines and telephone equipment; to regulate persons using telephone lines and telephone equipment; to prescribe a penalty for the violation of this act; and to repeal certain acts and parts of acts on specific dates," by amending section 25 (MCL 484.125), as added by 1980 PA 47.
Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Public Utilities,
The substitute (H-2) was adopted, a majority of the members serving voting therefor.
Rep. Crissman moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed, a majority of the members voting therefor.
______
Rep. Cherry moved that Reps. Hertel and Gagliardi be excused temporarily from today's session.
The motion prevailed.
By unanimous consent the House returned to the order of
Third Reading of Bills
House Bill No. 5418, entitled
A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending sections 8134, 8142, and 8159 (MCL 500.8134, 500.8142, and 500.8159), section 8134 as added by 1989 PA 302 and sections 8142 and 8159 as amended by 1996 PA 429.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 44 Yeas--99
Agee DeVuyst Johnson Price
Alley Dobb Kaza Profit
Anthony Dobronski Kelly Prusi
Baade Emerson Kilpatrick Quarles
Baird Fitzgerald Kukuk Raczkowski
Bankes Frank LaForge Rhead
Basham Freeman Law Richner
Birkholz Geiger LeTarte Rison
Bobier Gernaat Llewellyn Rocca
Bodem Gilmer London Schauer
Bogardus Gire Lowe Schermesser
Brackenridge Godchaux Mans Scranton
Brater Goschka Martinez Sikkema
Brewer Green Mathieu Stallworth
Brown Gubow McBryde Tesanovich
Byl Gustafson McNutt Thomas
Callahan Hale Middaugh Varga
Cassis Hammerstrom Middleton Vaughn
Cherry Hanley Murphy Voorhees
Ciaramitaro Harder Nye Wallace
Crissman Hood Olshove Wetters
Cropsey Horton Owen Whyman
Curtis Jansen Oxender Willard
Dalman Jelinek Palamara Wojno
DeHart Jellema Perricone
Nays--0
In The Chair: DeHart
The House agreed to the 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.
______
Acting Speaker Hanley assumed the Chair.
House Bill No. 4897, entitled
A bill to amend 1980 PA 300, entitled "The public school employees retirement act of 1979," by amending sections 43c, 85, 104a, and 108 (MCL 38.1343c, 38.1385, 38.1404a, and 38.1408), sections 43c and 104a as amended by 1989 PA 194, section 85 as amended by 1991 PA 47, and section 108 as amended by 1995 PA 177.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 45 Yeas--99
Agee Dobb Kaza Price
Alley Dobronski Kelly Profit
Anthony Emerson Kilpatrick Prusi
Baade Fitzgerald Kukuk Quarles
Baird Frank LaForge Raczkowski
Bankes Freeman Law Rhead
Basham Geiger Leland Richner
Birkholz Gernaat LeTarte Rison
Bobier Gilmer Llewellyn Rocca
Bodem Gire London Schauer
Bogardus Godchaux Lowe Schermesser
Brackenridge Goschka Mans Scranton
Brater Green Martinez Sikkema
Brewer Gubow Mathieu Stallworth
Brown Gustafson McBryde Tesanovich
Byl Hale McNutt Thomas
Callahan Hammerstrom Middaugh Varga
Cassis Hanley Middleton Vaughn
Cherry Harder Murphy Voorhees
Crissman Hood Nye Wallace
Cropsey Horton Olshove Wetters
Curtis Jansen Owen Whyman
Dalman Jelinek Oxender Willard
DeHart Jellema Palamara Wojno
DeVuyst Johnson Perricone
Nays--0
In The Chair: Hanley
The House agreed to the title of the bill.
______
Rep. Bogardus moved that Rep. Quarles be excused from the balance of today's session.
The motion prevailed.
House Bill No. 4943, entitled
A bill to amend 1980 PA 300, entitled "The public school employees retirement act of 1979," by amending section 5 (MCL 38.1305), as amended by 1994 PA 272.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 46 Yeas--96
Agee DeHart Jellema Oxender
Alley DeVuyst Johnson Palamara
Anthony Dobb Kaza Perricone
Baade Dobronski Kelly Price
Baird Emerson Kilpatrick Profit
Bankes Fitzgerald Kukuk Prusi
Basham Frank LaForge Raczkowski
Birkholz Freeman Law Rhead
Bobier Geiger Leland Richner
Bodem Gernaat LeTarte Rison
Bogardus Gilmer Llewellyn Rocca
Brackenridge Gire London Schauer
Brater Godchaux Lowe Schermesser
Brewer Goschka Mans Scranton
Brown Green Martinez Sikkema
Byl Gubow Mathieu Stallworth
Callahan Gustafson McBryde Tesanovich
Cassis Hale McNutt Thomas
Cherry Hammerstrom Middaugh Varga
Ciaramitaro Hanley Middleton Vaughn
Crissman Harder Murphy Voorhees
Cropsey Horton Nye Wallace
Curtis Jansen Olshove Whyman
Dalman Jelinek Owen Wojno
Nays--2
Wetters Willard
In The Chair: Hanley
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 1980 PA 300, entitled "The public school employees retirement act of 1979," by amending section 5 (MCL 38.1305), as amended by 1994 PA 272, and by adding section 43d.
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.
______
Acting Speaker DeHart resumed the Chair.
By unanimous consent the House returned to the order of
Messages from the Senate
The Speaker laid before the House
House Bill No. 5120, 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.
(The bill was received from the Senate on January 29, with substitute (S-1), title amendment and immediate effect given by the Senate, consideration of which, under the rules, was postponed until February 3, see House Journal No.7, p. 108.)
The question being on concurring in the adoption of the substitute (S-1) made to the bill by the Senate,
The substitute (S-1) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 47 Yeas--93
Agee DeVuyst Jellema Palamara
Alley Dobb Johnson Perricone
Anthony Dobronski Kaza Price
Baade Emerson Kelly Prusi
Baird Fitzgerald Kilpatrick Raczkowski
Bankes Freeman Kukuk Rhead
Basham Geiger LaForge Richner
Birkholz Gernaat Law Rison
Bobier Gilmer Leland Rocca
Bodem Gire LeTarte Schauer
Bogardus Godchaux Llewellyn Schermesser
Brackenridge Goschka London Scranton
Brater Green Lowe Sikkema
Brown Gubow Mans Stallworth
Byl Gustafson Martinez Tesanovich
Callahan Hale McBryde Thomas
Cassis Hammerstrom McNutt Vaughn
Cherry Hanley Middaugh Voorhees
Ciaramitaro Harder Middleton Wallace
Crissman Hood Murphy Wetters
Cropsey Horton Nye Whyman
Curtis Jansen Olshove Willard
Dalman Jelinek Owen Wojno
DeHart
Nays--0
In The Chair: DeHart
The House agreed to the title as amended.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
______
Rep. Cherry 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
Motions and Resolutions
Reps. Lowe, Kukuk, Cherry, Anthony, Dobronski, Baade, Gilmer, Freeman, Martinez, Cassis, Birkholz, Richner, Geiger, Perricone, Middaugh, Hammerstrom, Horton, Voorhees, McNutt, Fitzgerald, Rocca, Goschka, Llewellyn, Bodem, Dalman, Gernaat, Jelinek, Rhead, Green, Jellema, Tesanovich, Frank, Baird, Scranton, Hanley, Oxender, DeHart, Kelly, LaForge, Raczkowski, Crissman, Profit and Kaza offered the following resolution:
House Resolution No. 208.
A resolution proclaiming the sesquicentennial anniversary of the founding of the Village of Elk Rapids, Michigan.
Whereas, Abram Wadsworth, a government surveyor from Durham, Connecticut, came to this region in the mid 1800s to explore the Grand Traverse Territory in general and to survey land in the section now known as Elk Rapids specifically; and
Whereas, Wadsworth made contact and established friendly relations with a number of native peoples who, like their ancestors, had inhabited the area and thrived on its abundant natural resources for generations before the first white explorer arrived; and
Whereas, Wadsworth, on one of his visits here, found a pair of elk horns in the rapids near the mouth of the Elk River and determined that this pristine and picturesque spot would be especially well-suited for the construction of a sawmill for the purpose of processing timber cut from the vast hardwood stands of Antrim County; and
Whereas, This same man, in 1848, erected the first permanent dwelling on the shores of Grand Traverse Bay in the general vicinity of the present Elk Rapids Township Hall. That structure led to the eventual settlement and development of a town around that site, which has grown through the hard work and dedication of its citizens over the last 150 years to become the Village of Elk Rapids; and
Whereas, The year of 1998 is hereby declared the official Sesquicentennial (150th) observation of the founding of this village by Abram Wadsworth; now, therefore, be it
Resolved by the House of Representatives, That the Michigan House of Representatives encourage all residents, business people and visitors of the village to recognize and celebrate this milestone in ways that heighten civic pride and inspire further preservation of the historical, cultural, and natural characteristics that make Elk Rapids one of the most enchanting places on the face of the earth; and be it further
Resolved, That copy of this resolution be transmitted to officials of the Village of Elk Rapids as a token of our esteem.
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. Lowe, Kukuk, Cherry, Anthony, Dobronski, Baade, Gilmer, Freeman, Cassis, Birkholz, Richner, Geiger, Perricone, Middaugh, Hammerstrom, Horton, Voorhees, McNutt, Fitzgerald, Goschka, Llewellyn, Bodem, Dalman, Gernaat, Jelinek, Rhead, Green, Jellema, Tesanovich, Frank, Baird, Scranton, Hanley, DeHart, Kelly, LaForge, Raczkowski, Crissman, Profit and Kaza offered the following resolution:
House Resolution No. 209.
A resolution recognizing the heroic actions of Sergeant Alvin York during World War I.
Whereas, Sergeant York, a soldier in the United States Army, was sent out on patrol on October 8, 1918, and alone opposed a German machine gun unit with a rifle and a pistol, killing twenty Germans and, along with six of his comrades, accepted the surrender of another 132 soldiers. For his bravery Sergeant York was decorated with a dozen medals including the Congressional Medal of Honor and the Croix de Guerre medal from the French Government; and
Whereas, Sergeant York, in lieu of accepting many offers of jobs or wealth, rather chose to raise money for schools to provide education to children in his home mountain region of Tennessee, thus resulting in the establishment of The Alvin C. York Institute, in 1929, which continues even today; and
Whereas, Sergeant York's life story was made into a film as an inspiration to patriotism and promotion of War Bond sales for our national defense efforts during World War II; and
Whereas, In August 1983, his widow, Gracey York, received Presidential greetings expressing gratitude for Sergeant York's endeavors and honoring his memory with a new U.S. Army defense system established in his name; and
Whereas, The State of Tennessee has established the Alvin C. York State Historic area along the Wolf River York homestead in Pall Mall, Tennessee; now, therefore, be it
Resolved by the House of Representatives, That we encourage the United States Postal Service to consider Sergeant Alvin York as a candidate for a commemorative stamp in recognition of his dedication to service of home and country.
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.
Reports of Standing Committees
The Committee on Urban Policy and Economic Development, by Rep. Hanley, Chair, reported
House Bill No. 5365, entitled
A bill to amend 1996 PA 376, entitled "Michigan renaissance zone act," by amending section 10 (MCL 125.2690).
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 5365 To Report Out:
Yeas: Reps. Hanley, Schauer, LaForge, Thomas, Cassis, Byl, Raczkowski, Voorhees,
Nays: None.
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Hanley, Chair of the Committee on Urban Policy and Economic Development, was received and read:
Meeting held on: Wednesday, February 4, 1998, at 10:00 a.m.,
Present: Reps. Hanley, Schauer, LaForge, Thomas, Cassis, Byl, Raczkowski, Voorhees,
Absent: Rep. Baird,
Excused: Rep. Baird.
Announcement by the Clerk of Printing and Enrollment
The Clerk announced the enrollment printing and presentation to the Governor on Friday, January 30, for his approval of the following bill:
Enrolled Senate Bill No. 642 at 1:22 p.m.
The Clerk announced that the following Senate bills and joint resolution had been printed and placed upon the files of the members on Friday, January 30:
Senate Bill Nos. 847 848 849 850 851 852 853 854 855 856
Senate Joint Resolution P
The Clerk announced that the following Senate bills had been printed and placed upon the files of the members on Tuesday, February 2:
Senate Bill Nos. 857 858
The Clerk announced that the following Senate bills had been received on Wednesday, February 4:
Senate Bill Nos. 202 207 224 715 841
Introduction of Bills
Reps. Willard, Hale, Wetters, Gire, Brater, McBryde, Scott, Sikkema and Middaugh introduced
House Bill No. 5528, entitled
A bill to permit certain state employees to be granted leave from work under certain conditions.
The bill was read a first time by its title and referred to the Committee on Labor and Occupational Safety.
Reps. Willard, Rocca, Hale, Harder, Wetters, Scott, Baird and Kukuk introduced
House Bill No. 5529, entitled
A bill to amend 1976 PA 451, entitled "The revised school code," (MCL 380.1 to 380.1852) by adding section 1231a.
The bill was read a first time by its title and referred to the Committee on Education.
Rep. Profit introduced
House Bill No. 5530, entitled
A bill to amend 1851 PA 156, entitled "An act to define the powers and duties of the county boards of commissioners of the several counties, and to confer upon them certain local, administrative and legislative powers; and to prescribe penalties for the violation of the provisions of this act," by amending section 12a (MCL 46.12a), as amended by 1996 PA 390.
The bill was read a first time by its title and referred to the Committee on Local Government.
Rep. Profit introduced
House Bill No. 5531, entitled
A bill to amend 1925 PA 289, entitled "An act to create a bureau of criminal identification and records within the department of state police; to require peace officers, persons in charge of certain institutions, and others to make reports respecting juvenile offenses, crimes, and criminals to the state police; to require the fingerprinting of an accused by certain persons; and to provide penalties for violation of this act," by amending section 243 (MCL 28.243), as amended by 1989 PA 97.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Reps. Ciaramitaro, Johnson and Emerson introduced
House Bill No. 5532, entitled
A bill to make certain appropriations for the department of community health for the fiscal year ending September 30, 1998; and to provide for the expenditure of those certain appropriations.
The bill was read a first time by its title and referred to the Committee on Appropriations.
Reps. Kilpatrick, Murphy, Hanley, Price, Callahan, Cherry, Thomas, Scott, Llewellyn, Rhead, Hammerstrom, Middaugh and Raczkowski introduced
House Bill No. 5533, entitled
A bill to amend 1984 PA 192, entitled "Forbes mechanical contractors act," by amending section 2 (MCL 338.972).
The bill was read a first time by its title and referred to the Committee on Regulatory Affairs.
Reps. Rhead, McNutt, Llewellyn, LeTarte, Mathieu, DeHart and Hammerstrom introduced
House Bill No. 5534, entitled
A bill to amend 1957 PA 261, entitled "Michigan legislative retirement system act," by amending section 50a (MCL 38.1050a), as amended by 1994 PA 35.
The bill was read a first time by its title and referred to the Committee on Public Retirement.
Reps. Gubow and Llewellyn introduced
House Bill No. 5535, entitled
A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending section 4038 (MCL 500.4038), as added by 1993 PA 349.
The bill was read a first time by its title and referred to the Committee on Insurance.
Reps. Brater, Baird, Schauer, Schroer, Cherry, Kaza, Dalman, Scott, Parks and Richner introduced
House Bill No. 5536, entitled
A bill to amend 1931 PA 328, entitled "The Michigan penal code," (MCL 750.1 to 750.568) by adding section 356e.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Reps. Brewer, McBryde, Kelly, Cherry, Schermesser, Hanley and Voorhees introduced
House Bill No. 5537, entitled
A bill to create the state school technology commission within the department of education; to prescribe its powers and duties; and for related purposes.
The bill was read a first time by its title and referred to the Committee on Advanced Technology and Computer Development.
Reps. Brewer, Kelly, Cherry, Kaza, Schermesser, Hanley and Voorhees introduced
House Bill No. 5538, entitled
A bill to require state agencies that establish internet web sites to make available on those web sites complaint and comment forms and certain other information; and to impose certain duties on certain agencies relating to those agencies' web sites.
The bill was read a first time by its title and referred to the Committee on Advanced Technology and Computer Development.
Reps. DeHart, Kelly, Scott and Schermesser introduced
House Bill No. 5539, entitled
A bill to amend 1925 PA 368, entitled "An act to prohibit obstructions and encroachments on public highways, to provide for the removal thereof, to prescribe the conditions under which telegraph, telephone, power, and other public utility companies, cable television companies and municipalities may enter upon, construct and maintain telegraph, telephone, power or cable television lines, pipe lines, wires, cables, poles, conduits, sewers and like structures upon, over, across or under public roads, bridges, streets and waters and to provide penalties for the violation of this act," (MCL 247.171 to 247.191) by adding section 1a.
The bill was read a first time by its title and referred to the Committee on Transportation.
Reps. Crissman, Hammerstrom, Goschka, Dobb, Bodem, Godchaux, Brackenridge, Middleton, Johnson, Gilmer, McManus, Basham, Gubow, Martinez, Galloway and Scranton introduced
House Bill No. 5540, 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 section 5a (MCL 52.205a) and by adding section 5b.
The bill was read a first time by its title and referred to the Committee on Health Policy.
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Rep. Fitzgerald moved that the House adjourn.
The motion prevailed, the time being 4:10 p.m.
Acting Speaker DeHart declared the House adjourned until Thursday, February 5, at 10:00 a.m.
MARY KAY SCULLION
Clerk of the House of Representatives.