No. 37

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

90th Legislature


REGULAR SESSION OF 1999


House Chamber, Lansing, Thursday, April 29, 1999.

 

12:00 Noon.

 

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.

 

 

Allen--present

Baird--present

Basham--present

Birkholz--present

Bisbee--present

Bishop--present

Bogardus--present

Bovin--present

Bradstreet--present

Brater--present

Brewer--present

Brown, Bob--present

Brown, Cameron--present

Byl--present

Callahan--present

Cassis--present

Caul--present

Cherry--present

Clark--present

Clarke--present

Daniels--present

DeHart--present

Dennis--present

DeRossett--present

DeVuyst--present

DeWeese--present

Ehardt--present

Faunce--present

Frank--present

Garcia--present

Garza--present

Geiger--present

Gieleghem--present

Gilbert--present

Godchaux--present

Gosselin--present

Green--present

Hager--present

Hale--present

Hanley--present

Hansen--present

Hardman--present

Hart--present

Howell--present

Jacobs--present

Jamnick--present

Jansen--present

Jelinek--present

Jellema--present

Johnson, Rick--excused

Johnson, Ruth--present

Julian--present

Kelly--excused

Kilpatrick--present

Koetje--present

Kowall--present

Kuipers--present

Kukuk--present

LaForge--present

LaSata--present

Law--present

Lemmons--present

Lockwood--present

Mans--present

Martinez--present

Mead--present

Middaugh--present

Minore--present

Mortimer--present

Neumann--present

O'Neil--present

Pappageorge--present

Patterson--present

Perricone--present

Pestka--present

Price--present

Prusi--present

Pumford--present

Quarles--present

Raczkowski--present

Reeves--present

Richardville--present

Richner--present

Rison--present

Rivet--present

Rocca--present

Sanborn--present

Schauer--present

Schermesser--present

Scott--present

Scranton--present

Shackleton--present

Sheltrown--present

Shulman--present

Spade--present

Stallworth--present

Stamas--present

Switalski--present

Tabor--present

Tesanovich--excused

Thomas--present

Toy--present

Vander Roest--present

Van Woerkom--present

Vaughn--present

Vear--present

Voorhees--present

Wojno--present

Woodward--present

Woronchak--present

 

 

e/d/s = entered during session

Reverend Robert L. Holt, of the Turner Chapel Christian Methodist Episcopal Church in Mt. Clemens, offered the following invocation:

 

"Heavenly Father, as we begin this day, I pray Thy blessings upon this assembly of men and women that have been appointed as lawmakers in this state. Father, I pray that Thou will direct them, O Lord, in all of their doings with gracious favor. And Father, I pray that with Thy help all of their works will begin, continue, and end in Thee. Father, I pray that with Thy guidance they may both perceive and know what things they ought to do, and that they also have grace and power faithfully to fulfill the work of the people of the state of Michigan. Father, I pray Thy blessings upon these Thy servants, the governor of this state, and all others in authority. Father, I pray that Thou will endue them with the spirit of wisdom, goodness, and truth, and so rule their hearts and bless their endeavors, that law and order, justice and peace, may everywhere prevail to the honor of Thy holy name. Through Jesus Christ, our Lord. Amen."

 

 

______

 

 

Rep. DeWeese moved that Rep. Rick Johnson be excused from today's session.

The motion prevailed.

 

Rep. Scott moved that Rep. Kelly be excused from today's session.

The motion prevailed.

 

 

Messages from the Senate

 

 

The Senate requested the return of

Senate Bill No. 102, entitled

A bill to amend 1893 PA 206, entitled "An act to provide for the assessment of rights and interests, including leasehold interests, in property and the levy and collection of taxes thereon, and for the collection of taxes levied; making such taxes a lien on the property taxed, establishing and continuing the lien, providing for the sale and conveyance of property delinquent for taxes, and for the inspection and disposition of lands bid off to the state and not redeemed or purchased; to provide for the establishment of a delinquent tax revolving fund and the borrowing of money by counties and the issuance of notes; to define and limit the jurisdiction of the courts in proceedings in connection therewith; to limit the time within which actions may be brought; to prescribe certain limitations with respect to rates of taxation; to prescribe certain powers and duties of certain officers, departments, agencies, and political subdivisions of this state; to provide for certain reimbursements of certain expenses incurred by units of local government; to provide penalties for the violation of this act; and to repeal certain acts and parts of acts in anywise contravening any of the provisions of this act," by amending section 9f (MCL 211.9f), as added by 1998 PA 328.

Rep. Middaugh moved that the request of the Senate be granted.

The motion prevailed.

 

By unanimous consent the House returned to the order of

Reports of Standing Committees

 

 

The Speaker laid before the House

House Resolution No. 33.

A resolution commemorating the month of March 1999 as Teen Health Month in Ann Arbor.

(For text of resolution, see House Journal No. 21, p. 297.)

(The resolution was reported by the Committee on Health Policy on April 15, consideration of which was postponed until April 20 under the rules.)

The question being on the adoption of the resolution,

The resolution was adopted.

 

 

______

 

 

The Speaker called the Speaker Pro Tempore to the Chair.

Second Reading of Bills

 

 

House Bill No. 4259, entitled

A bill to amend 1975 PA 169, entitled "Charitable organizations and solicitations act," by amending the title and sections 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 16, 17, 18, 20, 21, and 23 (MCL 400.272, 400.273, 400.274, 400.275, 400.276, 400.277, 400.278, 400.279, 400.280, 400.281, 400.282, 400.283, 400.286, 400.287, 400.288, 400.290, 400.291, and 400.293), section 13 as amended by 1992 PA 299, and by adding sections 3a, 19, 19a, 19b, 19c, 19d, 22a, 23a, 23b, and 23c; and to repeal acts and parts of acts.

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

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

Rep. Law 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. Middaugh moved that the bill be placed on its immediate passage.

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

 

 

______

 

 

Rep. Middaugh moved that Rep. Raczkowski 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. 4259, entitled

A bill to amend 1975 PA 169, entitled "Charitable organizations and solicitations act," by amending the title and sections 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 16, 17, 18, 20, 21, and 23 (MCL 400.272, 400.273, 400.274, 400.275, 400.276, 400.277, 400.278, 400.279, 400.280, 400.281, 400.282, 400.283, 400.286, 400.287, 400.288, 400.290, 400.291, and 400.293), section 13 as amended by 1992 PA 299, and by adding sections 3a, 19, 19a, 19b, 19c, 19d, 22a, 23a, 23b, and 23c; and to repeal acts and parts of acts.

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

 

 

Roll Call No. 265 Yeas--105

 

 
AllenFaunceKowallRichner
BairdFrankKuipersRison
BashamGarciaKukukRivet
BirkholzGarzaLaForgeRocca
BisbeeGeigerLaSataSanborn
BishopGieleghemLawSchauer
BogardusGilbertLemmonsSchermesser
BovinGodchauxLockwoodScott
BradstreetGosselinMansScranton
BraterGreenMartinezShackleton
BrewerHagerMeadSheltrown
Brown, B.HaleMiddaughShulman
Brown, C.HanleyMinoreSpade
BylHansenMortimerStallworth
CallahanHardmanNeumannStamas
CassisHartO'NeilSwitalski
CaulHowellPappageorgeTabor
CherryJacobsPattersonThomas
ClarkJamnickPerriconeToy
ClarkeJansenPestkaVan Woerkom
DanielsJelinekPriceVander Roest
DeHartJellemaPrusiVaughn
DennisJohnson, RuthPumfordVear
DeRossettJulianQuarlesVoorhees
DeVuystKilpatrickReevesWojno
DeWeeseKoetjeRichardvilleWoronchak

Ehardt

 

 

Nays--0

 

 

In The Chair: Birkholz

 

 

The House agreed to the title of the bill.

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

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

Reps. Allen, Birkholz, Bogardus, Bovin, Cameron Brown, Cassis, Caul, Cherry, Clarke, DeHart, Dennis, DeRossett, DeVuyst, DeWeese, Ehardt, Faunce, Frank, Gilbert, Green, Hager, Hansen, Howell, Jansen, Jelinek, Julian, Koetje, Kuipers, Mans, Middaugh, Mortimer, Neumann, O'Neil, Patterson, Pestka, Richner, Rocca, Sanborn, Schermesser, Shackleton, Shulman, Spade, Tabor, Toy, Van Woerkom, Vaughn and Woodward were named co-sponsors of the bill.

 

 

Second Reading of Bills

 

 

House Bill No. 4479, 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 401h.

Was read a second time, and the question being on the adoption of the proposed amendments previously recommended by the Committee on Health Policy (for amendments, see House Journal No. 34, p. 640),

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

 

Rep. Law moved to substitute (H-1) the bill.

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

 

Rep. Caul moved to amend the bill as follows:

1. Amend page 2, line 2, after "ALTERNATIVES." by inserting "NOTICE AS TO WHETHER OR NOT AN EXCEPTION UNDER THIS SUBDIVISION HAS BEEN GRANTED SHALL BE GIVEN BY THE HEALTH CARE CORPORATION WITHIN 24 HOURS AFTER RECEIVING ALL INFORMATION NECESSARY TO DETERMINE WHETHER THE EXCEPTION SHOULD BE GRANTED.".

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

Rep. Woronchak 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. 4480, entitled

A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding section 21053f.

Was read a second time, and the question being on the adoption of the proposed amendments previously recommended by the Committee on Health Policy (for amendments, see House Journal No. 34, p. 640),

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

 

Rep. Law moved to substitute (H-1) the bill.

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

 

Rep. Caul moved to amend the bill as follows:

1. Amend page 2, line 2, after "ALTERNATIVES." by inserting "NOTICE AS TO WHETHER OR NOT AN EXCEPTION UNDER THIS SUBDIVISION HAS BEEN GRANTED SHALL BE GIVEN BY THE HEALTH

MAINTENANCE ORGANIZATION WITHIN 24 HOURS AFTER RECEIVING ALL INFORMATION NECESSARY TO DETERMINE WHETHER THE EXCEPTION SHOULD BE GRANTED.".

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

Rep. DeRossett 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. 4481, entitled

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

Was read a second time, and the question being on the adoption of the proposed amendments previously recommended by the Committee on Health Policy (for amendments, see House Journal No. 34, p. 640),

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

 

Rep. Law moved to substitute (H-1) the bill.

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

 

Rep. Caul moved to amend the bill as follows:

1. Amend page 2, line 4, after "ALTERNATIVES." by inserting "NOTICE AS TO WHETHER OR NOT AN EXCEPTION UNDER THIS SUBDIVISION HAS BEEN GRANTED SHALL BE GIVEN BY THE INSURER WITHIN 24 HOURS AFTER RECEIVING ALL INFORMATION NECESSARY TO DETERMINE WHETHER THE EXCEPTION SHOULD BE GRANTED.".

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

Rep. Ehardt 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. 4482, 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 401g.

The bill was read a second time.

 

Rep. Law moved to amend the bill as follows:

1. Amend page 1, line 4, after "FOR" by inserting "GENERAL".

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

Rep. Howell 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. 4483, entitled

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

The bill was read a second time.

 

Rep. Law moved to amend the bill as follows:

1. Amend page 1, line 6, after "FOR" by inserting "GENERAL".

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

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

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

 

 

House Bill No. 4484, entitled

A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding section 21053e.

The bill was read a second time.

 

Rep. Law moved to amend the bill as follows:

1. Amend page 1, line 4, after "FOR" by inserting "GENERAL".

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

Rep. Middaugh 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. 4486, entitled

A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding section 21052b.

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

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

 

Rep. Law moved to substitute (H-2) the bill.

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

 

Reps. Law and Schauer moved to amend the bill as follows:

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

"(C) IF THE ENROLLEE IS DETERMINED TO BE TERMINALLY ILL PRIOR TO A PHYSICIAN'S TERMINATION AND THE PHYSICIAN WAS TREATING THE TERMINAL ILLNESS BEFORE THE DATE OF TERMINATION, FOR THE REMAINDER OF THE ENROLLEE'S LIFE FOR CARE DIRECTLY RELATED TO THE TREATMENT OF THE TERMINAL ILLNESS.".

2. Amend page 3, following line 17, by inserting:

"(B) "TERMINAL ILLNESS" MEANS THAT TERM AS DEFINED IN SECTION 5653." and relettering the remaining subdivision.

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

 

Rep. Law moved to amend the bill as follows:

1. Amend page 1, line 3, after "PHYSICIAN" by striking out "SHALL" and inserting "MAY".

2. Amend page 1, line 10, after "PHYSICIAN" by striking out "SHALL" and inserting "MAY".

3. Amend page 2, line 1, after "SUBSECTION" by striking out "SHALL" and inserting "MAY".

4. Amend page 3, line 4, after "PHYSICIAN" by striking out "SHALL" and inserting "MAY".

5. Amend page 3, line 6, after "TERMINATION" by inserting "IF THE PHYSICIAN DOES SO".

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

 

Rep. Jacobs moved to amend the bill as follows:

1. Amend page 2, following line 13, following subdivision (C), by inserting:

"(D) IF AN ENROLLEE IS DIAGNOSED WITH CANCER PRIOR TO A PHYSICIAN'S TERMINATION AND THE PHYSICIAN WAS TREATING THE CANCER BEFORE THE DATE OF TERMINATION, FOR THE REMAINDER OF THE ENROLLEE'S LIFE FOR CARE DIRECTLY RELATED TO THE TREATMENT OF THAT CANCER.".

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

Rep. Jacobs demanded the yeas and nays.

The demand was supported.

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

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

 

 

Roll Call No. 266 Yeas--97

 

 
AllenFrankKukukRivet
BairdGarciaLaForgeRocca
BashamGarzaLaSataSanborn
BisbeeGeigerLawSchauer
BishopGieleghemLemmonsSchermesser
BogardusGilbertLockwoodScott
BovinGosselinMansShackleton
BraterGreenMartinezSheltrown
BrewerHagerMeadShulman
Brown, B.HaleMinoreSpade
BylHanleyMortimerStallworth
CallahanHansenNeumannStamas
CassisHardmanO'NeilSwitalski
CaulHartPattersonTabor
CherryHowellPestkaThomas
ClarkJacobsPriceToy
ClarkeJamnickPrusiVan Woerkom
DanielsJansenPumfordVander Roest
DeHartJelinekQuarlesVaughn
DennisJellemaRaczkowskiVear
DeRossettJulianReevesVoorhees
DeVuystKilpatrickRichardvilleWojno
DeWeeseKoetjeRichnerWoodward
EhardtKowallRisonWoronchak

Faunce

 

 

Nays--10

 

 
BirkholzGodchauxMiddaughPerricone
BradstreetJohnson, RuthPappageorgeScranton

Brown, C. Kuipers

 

 

In The Chair: Birkholz

 

 

______

 

 

Rep. Scranton, having reserved the right to explain her nay vote, made the following statement:

"Mr. Speaker and members of the House:

I voted against this amendment because I feel it is overly-broad and would cover minor cancer occurrences such as skin cancer. The bill already covers those individuals who have been diagnosed as terminal, which will cover not only cancer patients, but all other illnesses. The legislation does allow terminally ill patients to keep their doctors for their care."

 

Rep. Dennis moved to amend the bill as follows:

1. Amend page 2, following line 13, following subdivision (D), by inserting:

"(E) IF AN ENROLLEE IS 65 YEARS OLD OR OLDER, FOR THE REMAINDER OF THE ENROLLEE'S LIFE.".

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

Rep. Dennis demanded the yeas and nays.

The demand was supported.

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

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

 

 

Roll Call No. 267 Yeas--65

 

 
BairdFrankLaForgeRocca
BashamGarciaLemmonsSchauer
BisbeeGarzaLockwoodSchermesser
BogardusGieleghemMansScott
BovinGilbertMartinezShackleton
BraterHagerMinoreSheltrown
BrewerHaleNeumannShulman
Brown, B.HanleyO'NeilSpade
CallahanHansenPestkaStallworth
CaulHardmanPriceSwitalski
CherryHowellPrusiThomas
ClarkJacobsQuarlesVan Woerkom
ClarkeJamnickReevesVaughn
DanielsJulianRichardvilleWojno
DeHartKilpatrickRisonWoodward
DennisKowallRivetWoronchak

Faunce

 

 

Nays--42

 

 
AllenGeigerKukukRaczkowski
BirkholzGodchauxLaSataRichner
BishopGosselinLawSanborn
BradstreetGreenMeadScranton
Brown, C.HartMiddaughStamas
BylJansenMortimerTabor
CassisJelinekPappageorgeToy
DeRossettJellemaPattersonVander Roest
DeVuystJohnson, RuthPerriconeVear
DeWeeseKoetjePumfordVoorhees

Ehardt Kuipers

 

 

In The Chair: Birkholz

 

 

Rep. Dennis moved to amend the bill as follows:

1. Amend page 2, following line 13, following subdivision (E), by inserting:

"(F) IF AN ENROLLEE IS 5 YEARS OLD OR LESS, UNTIL THE ENROLLEE BECOMES 6 YEARS OF AGE.".

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

Rep. Dennis demanded the yeas and nays.

The demand was supported.

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

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

 

 

Roll Call No. 268 Yeas--63

 

 
BairdFaunceLaForgeRocca
BashamFrankLemmonsSchauer
BisbeeGarzaLockwoodSchermesser
BogardusGieleghemMansScott
BovinGilbertMartinezShackleton
BraterHagerMinoreSheltrown
BrewerHaleNeumannSpade
Brown, B.HanleyO'NeilStallworth
CallahanHansenPestkaSwitalski
CaulHardmanPriceThomas
CherryHowellPrusiVan Woerkom
ClarkJacobsQuarlesVaughn
ClarkeJamnickReevesWojno
DanielsJulianRichardvilleWoodward
DeHartKilpatrickRisonWoronchak
DennisKowallRivet

Nays--43

 

 
AllenGarciaKukukRichner
BirkholzGeigerLaSataSanborn
BishopGodchauxLawScranton
BradstreetGosselinMeadShulman
Brown, C.HartMiddaughStamas
BylJansenMortimerTabor
CassisJelinekPappageorgeToy
DeRossettJellemaPattersonVander Roest
DeVuystJohnson, RuthPerriconeVear
DeWeeseKoetjePumfordVoorhees
EhardtKuipersRaczkowski

 

 

In The Chair: Birkholz

 

 

Rep. Richardville 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. 4487, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," (MCL 500.100 to 500.8302) by adding section 2212b.

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

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

 

Reps. Law and Schauer moved to amend the bill as follows:

1. Amend page 2, following line 12, by inserting:

"(C) IF THE INSURED IS DETERMINED TO BE TERMINALLY ILL PRIOR TO A PHYSICIAN'S TERMINATION AND THE PHYSICIAN WAS TREATING THE TERMINAL ILLNESS BEFORE THE DATE OF TERMINATION, FOR THE REMAINDER OF THE INSURED'S LIFE FOR CARE DIRECTLY RELATED TO THE TREATMENT OF THE TERMINAL ILLNESS.".

2. Amend page 3, following line 13, by inserting:

"(B) "TERMINAL ILLNESS" MEANS THAT TERM AS DEFINED IN SECTION 5653 OF THE PUBLIC HEALTH CODE, 1978 PA 368, MCL 333.5653." and relettering the remaining subdivision.

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

 

Rep. Law moved to amend the bill as follows:

1. Amend page 1, line 4, after "PHYSICIAN" by striking out "SHALL" and inserting "MAY".

2. Amend page 1, line 10, after the second "PHYSICIAN" by striking out "SHALL" and inserting "MAY".

3. Amend page 2, line 2, after "SUBSECTION" by striking out "SHALL" and inserting "MAY".

4. Amend page 2, line 26, after "PHYSICIAN" by striking out "SHALL" and inserting "MAY".

5. Amend page 3, line 2, after "TERMINATION" by inserting "IF THE PHYSICIAN DOES SO".

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

 

Rep. Jacobs moved to amend the bill as follows:

1. Amend page 2, following line 12, following subdivision (C), by inserting:

"(D) IF AN INSURED IS DIAGNOSED WITH CANCER PRIOR TO A PHYSICIAN'S TERMINATION AND THE PHYSICIAN WAS TREATING THE CANCER BEFORE THE DATE OF TERMINATION, FOR THE REMAINDER OF THE INSURED'S LIFE FOR CARE DIRECTLY RELATED TO THE TREATMENT OF THAT CANCER.".

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

Rep. Jacobs demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 269 Yeas--62

 

 
AllenDennisLaForgeRocca
BairdFaunceLemmonsSchauer
BashamFrankLockwoodSchermesser
BisbeeGarzaMansScott
BogardusGieleghemMartinezShackleton
BovinGilbertMinoreSheltrown
BraterHagerNeumannSpade
BrewerHaleO'NeilStallworth
Brown, B.HanleyPestkaSwitalski
CallahanHansenPriceThomas
CaulHardmanPrusiVan Woerkom
CherryHowellReevesVaughn
ClarkJacobsRichardvilleWojno
ClarkeJulianRisonWoodward
DanielsKilpatrickRivetWoronchak

DeHart Kowall

 

 

Nays--43

 

 
BirkholzGeigerKukukRichner
BishopGodchauxLaSataSanborn
BradstreetGosselinLawScranton
Brown, C.GreenMeadShulman
BylHartMiddaughStamas
CassisJansenMortimerTabor
DeRossettJelinekPappageorgeToy
DeVuystJellemaPattersonVander Roest
DeWeeseJohnson, RuthPerriconeVear
EhardtKoetjePumfordVoorhees
GarciaKuipersRaczkowski

 

 

In The Chair: Birkholz

 

 

______

 

 

Reps. Scranton, Middaugh and Kuipers, having reserved the right to explain their nay vote, made the following statement:

"Mr. Speaker and members of the House:

I voted against this amendment because I feel it is overly-broad and would cover minor cancer occurrences such as skin cancer. The bill already covers those individuals who have been diagnosed as terminal, which will cover not only cancer patients, but all other illnesses. The legislation does allow terminally ill patients to keep their doctors for their care."

 

Rep. Dennis moved to amend the bill as follows:

1. Amend page 2, following line 12, following subdivision (D), by inserting:

"(E) IF AN INSURED IS 65 YEARS OLD OR OLDER, FOR THE REMAINDER OF THE INSURED'S LIFE.".

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

Rep. Dennis demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 270 Yeas--62

 

 
BairdDennisKowallRivet
BashamFaunceLaForgeRocca
BisbeeFrankLemmonsSchauer
BogardusGarzaLockwoodSchermesser
BovinGieleghemMansShackleton
BraterGilbertMartinezSheltrown
BrewerHagerMinoreSpade
Brown, B.HaleNeumannStallworth
Brown, C.HanleyO'NeilSwitalski
CallahanHansenPestkaThomas
CaulHardmanPriceVan Woerkom
CherryHowellPrusiVaughn
ClarkJacobsReevesWojno
ClarkeJamnickRichardvilleWoodward
DanielsJulianRisonWoronchak

DeHart Kilpatrick

 

 

Nays--43

 

 
AllenGeigerKukukRichner
BirkholzGodchauxLaSataSanborn
BishopGosselinLawScranton
BradstreetGreenMeadShulman
BylHartMiddaughStamas
CassisJansenMortimerTabor
DeRossettJelinekPappageorgeToy
DeVuystJellemaPattersonVander Roest
DeWeeseJohnson, RuthPerriconeVear
EhardtKoetjePumfordVoorhees
GarciaKuipersRaczkowski

 

 

In The Chair: Birkholz

 

 

Rep. Dennis moved to amend the bill as follows:

1. Amend page 2, following line 12, following subdivision (E), by inserting:

"(F) IF AN INSURED IS 5 YEARS OLD OR LESS, UNTIL THE INSURED BECOMES 6 YEARS OF AGE.".

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

Rep. Dennis demanded the yeas and nays.

The demand was supported.

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

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

 

 

Roll Call No. 271 Yeas--62

 

 
BairdFaunceLaForgeRivet
BashamFrankLemmonsRocca
BisbeeGarzaLockwoodSchauer
BogardusGieleghemMansSchermesser
BovinGilbertMartinezScott
BraterHagerMinoreShackleton
BrewerHaleNeumannSheltrown
Brown, B.HanleyO'NeilSpade
BylHansenPestkaStallworth
CallahanHardmanPriceSwitalski
CaulHowellPrusiVan Woerkom
ClarkJacobsQuarlesVaughn
ClarkeJamnickReevesWojno
DanielsJulianRichardvilleWoodward
DeHartKilpatrickRisonWoronchak

Dennis Kowall

 

 

Nays--42

 

 
AllenGeigerLaSataRichner
BirkholzGodchauxLawSanborn
BishopGreenMeadScranton
BradstreetHartMiddaughShulman
Brown, C.JansenMortimerStamas
CassisJelinekPappageorgeTabor
DeRossettJellemaPattersonToy
DeVuystJohnson, RuthPerriconeVander Roest
DeWeeseKoetjePumfordVear
EhardtKuipersRaczkowskiVoorhees

Garcia Kukuk

 

 

In The Chair: Birkholz

 

Rep. Law 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. DeHart moved that Rep. Schermesser be excused temporarily from today's session.

The motion prevailed.

 

 

House Bill No. 4485, 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 402c.

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

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

 

Rep. Law moved to substitute (H-2) the bill.

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

 

Reps. Law and Schauer moved to amend the bill as follows:

1. Amend page 2, following line 12, by inserting:

"(C) IF THE MEMBER IS DETERMINED TO BE TERMINALLY ILL PRIOR TO A PHYSICIAN'S TERMINATION AND THE PHYSICIAN WAS TREATING THE TERMINAL ILLNESS BEFORE THE DATE OF TERMINATION, FOR THE REMAINDER OF THE MEMBER'S LIFE FOR CARE DIRECTLY RELATED TO THE TREATMENT OF THE TERMINAL ILLNESS.".

2. Amend page 3, following line 15, by inserting:

"(B) "TERMINAL ILLNESS" MEANS THAT TERM AS DEFINED IN SECTION 5653 OF THE PUBLIC HEALTH CODE, 1978 PA 368, MCL 333.5653." and relettering the remaining subdivision.

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

Rep. Law moved to amend the bill as follows:

1. Amend page 1, line 3, by striking out "SHALL" and inserting "MAY".

2. Amend page 1, line 9, after "PHYSICIAN" by striking out "SHALL" and inserting "MAY".

3. Amend page 2, line 1, after "SUBSECTION" by striking out "SHALL" and inserting "MAY".

4. Amend page 3, line 2, after "PHYSICIAN" by striking out "SHALL" and inserting "MAY".

5. Amend page 3, line 4, after "TERMINATION" by inserting "IF THE PHYSICIAN DOES SO".

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

 

Rep. Dennis moved to amend the bill as follows:

1. Amend page 2, following line 12, following subdivision (C), by inserting:

"(D) IF A MEMBER IS 65 YEARS OLD OR OLDER, FOR THE REMAINDER OF THE MEMBER'S LIFE.".

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

Rep. Dennis demanded the yeas and nays.

The demand was supported.

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

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

 

 

Roll Call No. 272 Yeas--60

 

 
BairdFaunceKowallRivet
BashamFrankLaForgeRocca
BisbeeGarzaLemmonsSchauer
BogardusGieleghemLockwoodScott
BovinGilbertMansShackleton
BraterHagerMartinezSheltrown
BrewerHaleMinoreSpade
Brown, B.HanleyNeumannStallworth
CallahanHansenO'NeilSwitalski
CaulHardmanPestkaThomas
ClarkHowellPriceVan Woerkom
ClarkeJacobsPrusiVaughn
DanielsJamnickQuarlesWojno
DeHartJulianRichardvilleWoodward
DennisKilpatrickRisonWoronchak

 

 

Nays--42

 

 
AllenGeigerLaSataRichner
BirkholzGodchauxLawSanborn
BishopGreenMeadScranton
Brown, C.HartMiddaughShulman
BylJansenMortimerStamas
CassisJelinekPappageorgeTabor
DeRossettJellemaPattersonToy
DeVuystJohnson, RuthPerriconeVander Roest
DeWeeseKoetjePumfordVear
EhardtKuipersRaczkowskiVoorhees

Garcia Kukuk

 

 

In The Chair: Birkholz

 

 

Rep. Dennis moved to amend the bill as follows:

1. Amend page 2, following line 12, following subdivision (D), by inserting:

"(E) IF A MEMBER IS 5 YEARS OLD OR LESS, UNTIL THE MEMBER BECOMES 6 YEARS OF AGE.".

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

Rep. Dennis demanded the yeas and nays.

The demand was supported.

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

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

 

 

Roll Call No. 273 Yeas--62

 

 
BairdFaunceLaForgeRivet
BashamFrankLemmonsRocca
BisbeeGarzaLockwoodSchauer
BogardusGieleghemMansScott
BovinGilbertMartinezShackleton
BraterHagerMinoreSheltrown
BrewerHaleNeumannSpade
Brown, B.HanleyO'NeilStallworth
CallahanHansenPestkaSwitalski
CaulHardmanPriceThomas
CherryHowellPrusiVan Woerkom
ClarkJacobsQuarlesVaughn
ClarkeJamnickReevesWojno
DanielsJulianRichardvilleWoodward
DeHartKilpatrickRisonWoronchak

Dennis Kowall

 

 

Nays--43

 

 
AllenGarciaKuipersRichner
BirkholzGeigerKukukSanborn
BishopGodchauxLaSataScranton
BradstreetGosselinLawShulman
Brown, C.GreenMeadStamas
BylHartMiddaughTabor
CassisJansenMortimerToy
DeRossettJelinekPappageorgeVander Roest
DeVuystJellemaPattersonVear
DeWeeseJohnson, RuthPerriconeVoorhees
EhardtKoetjePumford

 

 

In The Chair: Birkholz

 

 

Rep. Jacobs moved to amend the bill as follows:

1. Amend page 2, following line 12, following subdivision (E), by inserting:

"(F) IF A MEMBER IS DIAGNOSED WITH CANCER PRIOR TO A PHYSICIAN'S TERMINATION AND THE PHYSICIAN WAS TREATING THE CANCER BEFORE THE DATE OF TERMINATION, FOR THE REMAINDER OF THE MEMBER'S LIFE FOR CARE DIRECTLY RELATED TO THE TREATMENT OF THAT CANCER.".

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

Rep. Jacobs demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 274 Yeas--61

 

 
BairdFrankLaForgeRocca
BashamGarzaLemmonsSchauer
BisbeeGilbertLockwoodScott
BogardusHagerMansShackleton
BovinHaleMartinezSheltrown
BraterHanleyMinoreShulman
BrewerHansenNeumannSpade
Brown, B.HardmanO'NeilStallworth
CallahanHowellPestkaSwitalski
CaulJacobsPriceThomas
ClarkJamnickPrusiVan Woerkom
ClarkeJellemaQuarlesVaughn
DanielsJulianReevesWojno
DeHartKilpatrickRichardvilleWoodward
DennisKowallRivetWoronchak

Faunce

 

 

Nays--42

 

 
AllenGarciaKukukRaczkowski
BirkholzGeigerLaSataRichner
BishopGodchauxLawSanborn
BradstreetGosselinMeadScranton
Brown, C.GreenMiddaughStamas
BylHartMortimerTabor
CassisJansenPappageorgeToy
DeRossettJelinekPattersonVander Roest
DeVuystJohnson, RuthPerriconeVear
DeWeeseKoetjePumfordVoorhees

Ehardt Kuipers

 

 

In The Chair: Birkholz

 

 

Rep. Caul 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. 4403, entitled

A bill to amend 1981 PA 7, entitled "An act to prohibit without authorization the bringing into jails and other specified areas any alcoholic liquor, controlled substances, weapons, and certain other items; the selling or furnishing to prisoners, and the improper disposal of any alcoholic liquor, controlled substances, weapons, and certain other items; the possession or control by prisoners of any alcoholic liquor, controlled substances, weapons, and certain other items; to prescribe a penalty; and to repeal certain acts and parts of acts," by amending section 5 (MCL 801.265).

Was read a second time, and the question being on the adoption of the proposed amendments previously recommended by the Committee on Criminal Law and Corrections (for amendments, see House Journal No. 30, p. 572),

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

 

Rep. Baird moved to amend the bill as follows:

1. Amend page 1, line 2, after "a" by inserting "misdemeanor PUNISHABLE BY IMPRISONMENT FOR NOT MORE THAN 1 YEAR OR A FINE OF NOT MORE THAN $500.00, OR BOTH.

(2) A PERSON WHO VIOLATES SECTION 2 OR COMMITS A VIOLATION OF SECTION 3 INVOLVING A CONTROLLED SUBSTANCE IS GUILTY OF A" and renumbering the remaining subsection.

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

Rep. Baird demanded the yeas and nays.

The demand was supported.

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

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

 

 

Roll Call No. 275 Yeas--32

 

 
BairdGarzaLaForgeReeves
BraterGieleghemLemmonsRison
BrewerHaleLockwoodSchauer
CallahanHanleyMartinezScott
ClarkHansenMinoreStallworth
ClarkeHardmanO'NeilSwitalski
DanielsJacobsPriceThomas
DennisKilpatrickQuarlesVaughn

 

 

Nays--70

 

 
AllenFaunceLaSataRocca
BashamFrankLawSanborn
BirkholzGarciaMansScranton
BisbeeGeigerMeadShackleton
BishopGilbertMiddaughSheltrown
BogardusGodchauxMortimerShulman
BovinHagerNeumannSpade
BradstreetHartPappageorgeStamas
Brown, B.HowellPattersonTabor
Brown, C.JamnickPerriconeToy
BylJelinekPestkaVan Woerkom
CassisJellemaPrusiVander Roest
CaulJohnson, RuthPumfordVear
DeHartJulianRaczkowskiVoorhees
DeRossettKoetjeRichardvilleWojno
DeVuystKowallRichnerWoodward
DeWeeseKuipersRivetWoronchak

Ehardt Kukuk

 

 

In The Chair: Birkholz

 

 

Rep. Jacobs moved to amend the bill as follows:

1. Amend page 1, line 5, after "THAN" by striking out "$1,000.00" and inserting "$750.00".

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

"(3) UPON A CONVICTION UNDER THIS SECTION, THE COURT SHALL ASSESS THE DEFENDANT AN ASSESSMENT OF $250.00, WHICH SHALL BE DEPOSITED WITH THE STATE TREASURER AND CREDITED TO THE OFFICE OF SUBSTANCE ABUSE SERVICES CREATED UNDER SECTION 6201 OF THE PUBLIC HEALTH CODE, 1978 PA 368, MCL 333.6201, FOR THE DEVELOPMENT OF SUBSTANCE ABUSE TREATMENT PROGRAMS WITHIN LOCAL JAILS.".

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

Rep. Jacobs demanded the yeas and nays.

The demand was supported.

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

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

 

 

Roll Call No. 276 Yeas--39

 

 
BashamGarzaLockwoodRivet
BovinGieleghemMartinezSchauer
BraterHaleMinoreScott
BrewerHanleyNeumannSheltrown
CallahanHansenO'NeilSpade
CherryHardmanPriceStallworth
ClarkJacobsPrusiVaughn
DanielsKilpatrickQuarlesWojno
DennisLaForgeReevesWoodward
FrankLemmonsRison

 

 

Nays--64

 

 
AllenEhardtKowallRichner
BirkholzFaunceKuipersRocca
BisbeeGarciaKukukSanborn
BishopGeigerLaSataScranton
BogardusGilbertLawShackleton
BradstreetGodchauxMansShulman
Brown, B.GosselinMeadStamas
Brown, C.HagerMiddaughSwitalski
BylHartMortimerTabor
CassisHowellPappageorgeThomas
CaulJansenPattersonToy
ClarkeJelinekPerriconeVan Woerkom
DeHartJellemaPestkaVander Roest
DeRossettJohnson, RuthPumfordVear
DeVuystJulianRaczkowskiVoorhees
DeWeeseKoetjeRichardvilleWoronchak

 

 

In The Chair: Birkholz

 

 

______

 

 

Rep. LaForge asked and obtained an excuse from the balance of today's session.

 

Rep. Jacobs moved to amend the bill as follows:

1. Amend page 1, line 2, after "person" by inserting a comma and "OTHER THAN A PRISONER,".

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

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

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

By unanimous consent the House returned to the order of

Reports of Standing Committees

 

 

The Speaker laid before the House

House Resolution No. 30.

A resolution to oppose the proposed federal "Know Your Customer" banking regulation and to urge certain federal agencies and the Congress of the United States to refrain from requiring transaction screening practices that threaten personal privacy.

(For text of resolution, see House Journal No. 19, p. 272.)

(The resolution was reported by the Committee on Insurance and Financial Services on April 21, with substitute (H-1), consideration of which was postponed until April 22 under the rules.)

(For substitute, see House Journal No. 33, p. 626.)

The question being on the adoption of the proposed substitute (H-1) recommended by the Committee,

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

 

Rep. Woodward moved to amend the resolution as follows:

1. Amend the first Resolving Clause, line 1, after "That" by inserting "without hindering the pursuit of money laundering, drug trafficking, tax evasion, and fraud,".

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

Rep. Woodward demanded the yeas and nays.

The demand was supported.

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

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

 

 

Roll Call No. 277 Yeas--60

 

 
BashamFaunceKowallRivet
BisbeeFrankLemmonsSchauer
BogardusGarzaLockwoodScott
BovinGieleghemMansShackleton
BraterGilbertMartinezSheltrown
BrewerHagerMinoreSpade
Brown, B.HaleNeumannStallworth
CallahanHanleyO'NeilSwitalski
CaulHansenPestkaThomas
CherryHardmanPriceToy
ClarkHowellPrusiVan Woerkom
ClarkeJacobsQuarlesVaughn
DanielsJamnickReevesWojno
DeHartJulianRichardvilleWoodward
DennisKilpatrickRisonWoronchak

 

 

Nays--44

 

 
AllenGarciaKuipersRaczkowski
BirkholzGeigerKukukRichner
BishopGodchauxLaSataRocca
BradstreetGosselinLawSanborn
Brown, C.GreenMeadScranton
BylHartMiddaughShulman
CassisJansenMortimerStamas
DeRossettJelinekPappageorgeTabor
DeVuystJellemaPattersonVander Roest
DeWeeseJohnson, RuthPerriconeVear
EhardtKoetjePumfordVoorhees

 

 

In The Chair: Birkholz

 

 

The question being on the adoption of the resolution,

The resolution was adopted.

Third Reading of Bills

 

 

Rep. Raczkowski moved that House Bill No. 4403 be placed on its immediate passage.

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

 

House Bill No. 4403, entitled

A bill to amend 1981 PA 7, entitled "An act to prohibit without authorization the bringing into jails and other specified areas any alcoholic liquor, controlled substances, weapons, and certain other items; the selling or furnishing to prisoners, and the improper disposal of any alcoholic liquor, controlled substances, weapons, and certain other items; the possession or control by prisoners of any alcoholic liquor, controlled substances, weapons, and certain other items; to prescribe a penalty; and to repeal certain acts and parts of acts," by amending section 5 (MCL 801.265).

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

 

 

Roll Call No. 278 Yeas--96

 

 
AllenEhardtKoetjeRivet
BashamFaunceKowallRocca
BirkholzFrankKuipersSanborn
BisbeeGarciaKukukSchauer
BishopGarzaLaSataScott
BogardusGeigerLawScranton
BovinGieleghemLockwoodShackleton
BradstreetGilbertMansSheltrown
BraterGodchauxMartinezShulman
BrewerGreenMeadSpade
Brown, B.HagerMiddaughStallworth
Brown, C.HaleMinoreStamas
BylHanleyMortimerSwitalski
CallahanHansenNeumannTabor
CassisHardmanPappageorgeThomas
CaulHartPattersonToy
CherryHowellPerriconeVan Woerkom
ClarkeJacobsPestkaVander Roest
DanielsJamnickPriceVaughn
DeHartJansenPrusiVear
DennisJelinekPumfordVoorhees
DeRossettJellemaQuarlesWojno
DeVuystJohnson, RuthRaczkowskiWoodward
DeWeeseJulianRichardvilleWoronchak

 

 

Nays--5

 

 

Clark Lemmons O'Neil Reeves

Kilpatrick

 

 

In The Chair: Birkholz

 

 

The House agreed to the title of the bill.

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

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

Reps. Basham, Birkholz, Cameron Brown, Callahan, DeHart, DeWeese, Ehardt, Frank, Hansen, Howell, Jelinek, Jellema, Kukuk, Mead, Raczkowski, Richardville, Rocca, Shackleton, Spade, Van Woerkom, Vander Roest and Vear were named co-sponsors of the bill.

Rep. Raczkowski 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. Wojno, Howell, Hansen, Rocca, DeHart, DeRossett, Voorhees, LaSata, Faunce, Vear, Vaughn, Ehardt, Kukuk, Gosselin, Van Woerkom, Spade, LaForge, Callahan, Schermesser, Bogardus, Quarles, Jacobs, Mortimer, Woodward, Dennis, Rivet, Bovin, Sanborn, Kowall, Jansen, Garcia, DeVuyst, Julian, DeWeese, Toy, Scranton, Scott, Clarke, Thomas, Hale, Baird, Hager, Jamnick, Green, Garza, Sheltrown, Bishop, Pappageorge, Caul, Raczkowski, Birkholz, Bradstreet and Richner offered the following resolution:

House Resolution No. 78.

A resolution recognizing May 9-15, 1999 as Police Week in the City of Warren.

Whereas, The City of Warren will recognize the week of May 9-15, 1999 as "Police Week" in the City of Warren. May police officers across our city and state know of our deep appreciation for their public service and their sacrifice; and

Whereas, In 1962, President John F. Kennedy proclaimed the week of May 15 as National Police Week with one day set aside as National Police Officers Memorial Day. This proclamation has helped us focus on the sacrifices made by our police officers over the last three decades and remains a symbol of our nation's commitment to them; and

Whereas, Warren's law enforcement officers undertake a demanding and dangerous job every day they put on their uniforms. They have been sworn to uphold our laws and to protect our lives and property from harm. Our ability to live as free citizens is completely dependent on the faithful performance of their duties. Our law enforcement officers have been exemplary public servants, and National Police Week is another reminder of the dangers that they face. National Police Officers Memorial Day, which is observed during this week, is a special reminder of the officers who have fallen in the line of duty and deserve our recognition; and

Whereas, We appreciate the support of Warren's police officers, who have earned our sincere thanks. May the citizens of Warren continue to recognize the blessings of a police force made up of such devoted individuals. As we go about our business, let us pause to remember both the officers who died while protecting us and those who have lost a family member; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body recognize the week of May 9-15, 1999 as "Police Week" in the City of Warren. May all the citizens of Warren be encouraged to recognize the important services and protection that police officers across our city and state provide; and be it further

Resolved, That a copy of this resolution be transmitted to the Warren Police Department as evidence of our highest esteem.

Pending the reference of the resolution to a committee,

Rep. Raczkowski 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.

 

 

Reps. Van Woerkom, Howell, DeHart, DeRossett, Voorhees, LaSata, Faunce, Vear, Wojno, Vaughn, Ehardt, Kukuk, Gosselin, LaForge, Bogardus, Jacobs, Mortimer, Woodward, Dennis, Bovin, Sanborn, Kowall, Jansen, Garcia, DeVuyst, Julian, DeWeese, Toy, Scranton, Baird, Hager, Perricone, Green, Mead, Caul, Raczkowski, Birkholz and Bradstreet offered the following resolution:

House Resolution No. 79.

A resolution to urge the Department of Environmental Quality to commence cleanup work on Tannery Bay in White Lake in Muskegon County.

Whereas, Over the past several decades, various governmental organizations have been monitoring the conditions of Tannery Bay and other portions of White Lake in Muskegon County. Past activities of the Whitehall Leather Company, including the disposal of certain materials, have drawn the attention of area residents. Studies conducted in recent years indicate the presence of significant contamination in the sediment in this part of the lake; and

Whereas, The high level of heavy metal contaminants in the soil beneath the waters of White Lake demands swift action to prevent more damage to the ecosystem of the lake. The state, through the Department of Environmental Quality, has identified White Lake as a target for swift cleanup efforts. Money from the Clean Michigan Initiative has already been set aside to fund final testing preliminary to the dredging of the toxic sludge; and

Whereas, In spite of the need for quick action to remove the pollutants, and in spite of the fact that these toxic materials were identified in studies four years ago, removal of contaminated soil in the bay and adjoining area of White Lake has yet to commence. Due to continued calls for further testing by the potential responsible party, cleanup work is on hold. As legal maneuvering occurs, the condition of the lake is further threatened with each passing day. A far more prudent strategy would be to take positive actions immediately--for the Department of Environmental Quality to start the cleanup work--while the legal details of assessing costs and blame are taking place. No matter how the final details are handled, the true costs will only escalate with each delay; now, therefore, be it

Resolved by the House of Representatives, That we urge the Department of Environmental Quality to commence cleanup work on Tannery Bay in White Lake in Muskegon County; and be it further

Resolved, That copies of this resolution be transmitted to the Department of Environmental Quality.

The resolution was referred to the Committee on Great Lakes and Tourism.

 

 

Reps. Gosselin, Howell, Hansen, DeHart, Koetje, DeRossett, Voorhees, LaSata, Faunce, Vear, Vaughn, Ehardt, Kukuk, Van Woerkom, LaForge, Schermesser, Shulman, Mortimer, Woodward, Dennis, Bovin, Kowall, Jansen, Garcia, DeVuyst, Julian, DeWeese, Toy, Scott, Clarke, Baird, Perricone, Green, Mead, Bishop, Pappageorge, Raczkowski, Birkholz and Bradstreet offered the following resolution:

House Resolution No. 80.

A resolution honoring Reverend Kent Clark.

Whereas, It is with appreciation and admiration that we recognize Reverend Kent Clark's commitment to the Pontiac Rescue Mission; and

Whereas, The Pontiac Rescue Mission is a nonprofit, Christian organization which has opened its doors to feed and clothe the homeless and has expanded to include recovery programs, housing, and educational opportunities; and

Whereas, Reverend Clark's dedication to helping those less fortunate exemplifies the words from the Bible, "I was hungry and you gave me food, I was thirsty and you gave me drink, I was a stranger and you welcomed me, I was naked and you clothed me...as you do to the least of these my brethren, you did it to me" (Matthew 25:35, 36, 40); and

Whereas, Reverend Clark's hard work and commitment to rehabilitation provides a second chance and an opportunity to receive an education, in return for which participants must live at the shelter free of alcohol and drugs for at least one month; and

Whereas, Reverend Kent Clark's wife, Pam, has been his partner and has shared his devotion to the work of the Mission, teaching classes and helping the women of the center; and

Whereas, As an example of his enterprising spirit, the Pontiac Rescue Mission has opened a resale shop in Macomb County to raise funds to support its worthwhile programs and is preparing to open an after-care center for Mission graduates; and

Whereas, The Reverend and Pam Clark have helped thousands of citizens attain the confidence, education, and skills needed to enable them to become productive members of society; now, therefore, be it

Resolved by the House of Representatives, That we acknowledge and commend Reverend Kent Clark and his wife, Pam, for their selfless and generous spirits which have greatly enhanced the service of the Pontiac Rescue Mission; and be it further

Resolved, That a copy of this resolution be transmitted to the Reverend and Mrs. Clark as evidence of our respect and admiration.

Pending the reference of the resolution to a committee,

Rep. Raczkowski 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.

 

 

Reports of Standing Committees

 

 

The Committee on Conservation and Outdoor Recreation, by Rep. DeVuyst, Chair, reported

House Bill No. 4470, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 3118 (MCL 324.3118), as amended by 1995 PA 169.

With the recommendation that the bill pass.

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

 

 

Favorable Roll Call

 

HB 4470 To Report Out:

Yeas: Reps. DeVuyst, Tabor, DeRossett, Green, Ruth Johnson, Kowall, Middaugh, Patterson, Sanborn, Callahan, Basham, Brater, Gieleghem, Sheltrown,

Nays: None.

The Committee on Conservation and Outdoor Recreation, by Rep. DeVuyst, Chair, reported

House Bill No. 4471, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 3104, 30101, 30104, 30105, 30109, 32312, 32501, and 32513 (MCL 324.3104, 324.30101, 324.30104, 324.30105, 324.30109, 324.32312, 324.32501, and 324.32513), section 3104 as amended by 1995 PA 169, sections 30101 and 32501 as added by 1995 PA 59, section 30104 as amended by 1996 PA 97, sections 30105 and 30109 as amended by 1995 PA 171, section 32312 as amended by 1995 PA 168, and section 32513 as amended by 1995 PA 170.

With the recommendation that the bill pass.

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

 

 

Favorable Roll Call

 

HB 4471 To Report Out:

Yeas: Reps. DeVuyst, Tabor, DeRossett, Green, Ruth Johnson, Kowall, Middaugh, Patterson, Sanborn, Callahan, Basham, Brater, Gieleghem, Sheltrown,

Nays: None.

 

 

The Committee on Conservation and Outdoor Recreation, by Rep. DeVuyst, Chair, reported

Senate Bill No. 420, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 20129a (MCL 324.20129a), as amended by 1997 PA 61.

With the recommendation that the bill pass.

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

 

 

Favorable Roll Call

 

SB 420 To Report Out:

Yeas: Reps. DeVuyst, Tabor, DeRossett, Green, Ruth Johnson, Kowall, Middaugh, Patterson, Callahan, Basham, Brater, Gieleghem, Sheltrown,

Nays: None.

 

 

COMMITTEE ATTENDANCE REPORT

 

The following report, submitted by Rep. DeVuyst, Chair of the Committee on Conservation and Outdoor Recreation, was received and read:

Meeting held on: Thursday, April 29, 1999, at 8:00 a.m.,

Present: Reps. DeVuyst, Tabor, DeRossett, Green, Ruth Johnson, Kowall, Middaugh, Patterson, Sanborn, Callahan, Basham, Brater, Gieleghem, Sheltrown,

Absent: Rep. Mans,

Excused: Rep. Mans.

 

 

COMMITTEE ATTENDANCE REPORT

 

The following report, submitted by Rep. Richner, Chair of the Committee on Family and Civil Law, was received and read:

Meeting held on: Thursday, April 29, 1999, at 9:00 a.m.,

Present: Reps. Richner, Shulman, Hart, Koetje, Law, Sanborn, Voorhees, Baird, Minore, Switalski, Schermesser.

 

 

COMMITTEE ATTENDANCE REPORT

 

The following report, submitted by Rep. Birkholz, Chair of the Committee on Local Government and Urban Policy, was received and read:

Meeting held on: Thursday, April 29, 1999, at 9:00 a.m.,

Present: Reps. Birkholz, Hager, Bishop, DeWeese, Julian, Tabor, Vander Roest, Lockwood, Jamnick, Minore, Reeves.

COMMITTEE ATTENDANCE REPORT

 

The following report, submitted by Rep. Richardville, Chair of the Committee on Veterans Affairs, was received and read:

Meeting held on: Thursday, April 29, 1999, at 9:00 a.m.,

Present: Reps. Richardville, Ehardt, Allen, Garcia, Schermesser, Bovin, Mans.

 

 

COMMITTEE ATTENDANCE REPORT

 

The following report, submitted by Rep. Law, Chair of the Committee on Health Policy, was received and read:

Meeting held on: Thursday, April 29, 1999, at 10:30 a.m.,

Present: Reps. Law, DeWeese, DeRossett, Ehardt, Gosselin, Green, Ruth Johnson, Rocca, Vear, Schauer, Baird, Dennis, Jacobs, Neumann, Reeves, Woodward,

Absent: Rep. Raczkowski,

Excused: Rep. Raczkowski.

 

 

Announcement by the Clerk of Printing and Enrollment

 

 

The Clerk announced that the following Senate bills had been received on Thursday, April 29:

Senate Bill Nos. 46 406 419 500

 

By unanimous consent the House returned to the order of

Messages from the Senate

 

 

House Bill No. 4323, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 721 (MCL 257.721), as amended by 1995 PA 248.

The Senate has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

The House agreed to the full title.

The bill was referred to the Clerk for enrollment printing and presentation to the Governor.

 

 

Senate Bill No. 46, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 722 (MCL 257.722), as amended by 1993 PA 22.

The Senate has passed the bill.

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

 

 

Senate Bill No. 406, entitled

A bill to amend 1953 PA 232, entitled "An act to revise, consolidate, and codify the laws relating to probationers and probation officers, to pardons, reprieves, commutations, and paroles, to the administration of correctional institutions, correctional farms, and probation recovery camps, to prisoner labor and correctional industries, and to the supervision and inspection of local jails and houses of correction; to provide for the siting of correctional facilities; to create a state department of corrections, and to prescribe its powers and duties; to provide for the transfer to and vesting in said department of powers and duties vested by law in certain other state boards, commissions, and officers, and to abolish certain boards, commissions, and offices the powers and duties of which are transferred by this act; to allow for the operation of certain facilities by private entities; to prescribe the powers and duties of certain other state departments and agencies; to provide for the creation of a local lockup advisory board; to prescribe penalties for the violation of the provisions of this act; to make certain appropriations; to repeal certain parts of this act on specific dates; and to repeal all acts and parts of acts inconsistent with the provisions of this act," by amending section 68 (MCL 791.268), as added by 1996 PA 556.

The Senate has passed the bill.

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

Senate Bill No. 419, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," (MCL 600.101 to 600.9948) by adding chapter 55; and to repeal acts and parts of acts.

The Senate has passed the bill.

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

 

 

Senate Bill No. 500, entitled

A bill to amend 1893 PA 118, entitled "An act to revise and consolidate the laws relative to state prisons, to state houses of correction, and branches of state prisons and reformatories, and the government and discipline thereof and to repeal all acts inconsistent therewith," by amending section 33 (MCL 800.33), as amended by 1994 PA 218.

The Senate has passed the bill.

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

 

 

Notices

 

 

Public Hearing

 

Committee on Agriculture and Resource Management

Date: Tuesday, May 11, 1999

Time: 6:00 p.m.

Place: Cal Farms, 4171 Atlas Rd., Davison, MI 48423

Rep. Green,

Chair

Agenda: Tour of captive Elk and Deer farms

and any/or all business properly before this committee.

 

 

Messages from the Governor

 

 

The following messages from the Governor, approving and signing the following bills at the times designated below, were received and read:

 

Date: April 28, 1999

Time: 10:05 a.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 4090 (Public Act No. 17, I.E.), being

An act to amend 1939 PA 280, entitled "An act to protect the welfare of the people of this state; to provide general assistance, hospitalization, infirmary and medical care to poor or unfortunate persons; to provide for compliance by this state with the social security act; to provide protection, welfare and services to aged persons, dependent children, the blind, and the permanently and totally disabled; to administer programs and services for the prevention and treatment of delinquency, dependency and neglect of children; to create a state department of social services; to prescribe the powers and duties of the department; to provide for the interstate and intercounty transfer of dependents; to create county and district departments of social services; to create within certain county departments, bureaus of social aid and certain divisions and offices thereunder; to prescribe the powers and duties of the departments, bureaus and officers; to provide for appeals in certain cases; to prescribe the powers and duties of the state department with respect to county and district departments; to prescribe certain duties of certain other state departments, officers, and agencies; to make an appropriation; to prescribe penalties for the violation of the provisions of this act; and to repeal certain parts of this act on specific dates," (MCL 400.1 to 400.119b) by adding section 57l.

(Filed with the Secretary of State April 28, 1999, at 3:30 p.m.)

 

 

Date: April 28, 1999

Time: 10:35 a.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 4318 (Public Act No. 18, I.E.), being

An act to amend 1971 PA 227, entitled "An act to prescribe the rights and duties of parties to home solicitation sales," by amending section 1 (MCL 445.111), as amended by 1998 PA 126.

(Filed with the Secretary of State April 28, 1999, at 3:32 p.m.)

Communications from State Officers

 

 

The following communication from the Auditor General was received and read:

 

April 28, 1999

Enclosed is a copy of the following audit report and/or executive digest:

Performance Audit of the

Cash Receipts Operations

Department of State

Sincerely,

Thomas H. McTavish, C.P.A.

Auditor General

The communication was referred to the Clerk and the accompanying report referred to the Committee on House Oversight and Operations.

 

 

Introduction of Bills

 

 

Reps. Geiger, Bob Brown, Patterson, Tabor, Julian, DeWeese, Gilbert, DeRossett, Mead, Kowall, Hager, Richardville, Hart, Van Woerkom, Faunce, Garcia, Mortimer, Ehardt, Cameron Brown, Frank, Green, O'Neil, Voorhees, Lockwood, Pestka, Rivet, LaSata, Woronchak, Shackleton, Bradstreet, Rick Johnson, Allen, Jellema, Bishop, Howell, Byl, Jansen, Stamas, Bisbee, DeVuyst, Pappageorge, Basham, Sheltrown, Mans, Birkholz and Cassis introduced

House Bill No. 4599, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 20104 and 20115 (MCL 333.20104 and 333.20115).

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

 

 

Reps. Bisbee, Tabor, Birkholz, Middaugh, Faunce, Cassis, Vear, Kukuk, DeWeese, Caul, Law, Geiger, Ehardt, Voorhees, Kuipers, Rocca, Gosselin, Patterson, Howell, O'Neil, Bob Brown, DeRossett, Pumford, Mans, Shackleton, Allen, Koetje, Hart, DeVuyst, Lockwood, LaSata, Jansen, Rivet, Pestka, Frank, Stamas, Shulman, Woronchak, Bradstreet, Van Woerkom, Gilbert, Garcia, Julian, Vander Roest, Rick Johnson, Bishop, Richardville, Mortimer, Kowall, Cameron Brown, Basham, Sanborn, Green, Hager, Jellema, Raczkowski, Byl and Mead introduced

House Bill No. 4600, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending section 2835 (MCL 333.2835) and by adding section 2837.

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

 

 

Reps. O'Neil, Mead, Lockwood, Bisbee, Van Woerkom, Frank, Rivet, Pestka, Pappageorge, Bovin, Geiger, Mans, Wojno, Sheltrown, Neumann, Basham, Bob Brown, Sanborn, Kelly, Rick Johnson, Allen, Stamas, Bradstreet, Patterson, Cameron Brown, Faunce, Tabor, Vear, Spade, Jellema, DeRossett, Sheltrown, Callahan, Voorhees, Kukuk, DeWeese, Richardville, Hager and Lemmons introduced

House Bill No. 4601, entitled

A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding section 2837.

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

 

 

Reps. Switalski, Rivet, Wojno, Vear, Sheltrown, Garza and Bovin introduced

House Bill No. 4602, entitled

A bill to amend 1954 PA 116, entitled "Michigan election law," by amending sections 559, 561, 568, 570, 572, 575, 576, and 795 (MCL 168.559, 168.561, 168.568, 168.570, 168.572, 168.575, 168.576, and 168.795), sections 568 and 570 as amended by 1985 PA 160, section 576 as amended by 1996 PA 213, and section 795 as amended by 1998 PA 21.

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

 

 

Reps. Rivet, Switalski, Pestka, Gieleghem, Wojno, Callahan, Vear, Frank and Thomas introduced

House Bill No. 4603, entitled

A bill to amend 1954 PA 116, entitled "Michigan election law," by amending sections 758, 759, and 759b (MCL 168.758, 168.759, and 168.759b), section 758 as amended by 1996 PA 207 and section 759 as amended by 1995 PA 261.

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

Reps. Cassis, Vear, Bradstreet, DeRossett, Bishop, Gosselin, Voorhees, Kukuk, Ehardt, Sanborn, Ruth Johnson, Green, Caul, DeVuyst, Jansen, Lemmons and Shulman introduced

House Bill No. 4604, entitled

A bill to amend 1975 PA 228, entitled "Single business tax act," (MCL 208.1 to 208.145) by adding section 39d.

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

 

 

Reps. Garcia, Vander Roest, Rick Johnson, Vear, Bishop, Ehardt, Shackleton, Julian, Schermesser, Patterson, Tabor, Jelinek, Mortimer, LaSata, Jellema, Ruth Johnson, Reeves, Jamnick, Middaugh, Gilbert, Lockwood, Mans, Hart, Kukuk, DeVuyst, Geiger, Bovin, Lemmons and Scranton introduced

House Bill No. 4605, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 676a (MCL 257.676a), as amended by 1998 PA 224.

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

 

 

Reps. Garcia, Vander Roest, Rick Johnson, Vear, Bishop, Ehardt, Shackleton, Julian, Schermesser, Patterson, Tabor, Jelinek, Mans, Mortimer, LaSata, Hart, Jellema, Ruth Johnson, Reeves, Jamnick, Middaugh, Gilbert, Lockwood, Kukuk, DeVuyst, Geiger, Bovin, Lemmons and Scranton introduced

House Bill No. 4606, entitled

A bill to amend 1941 PA 205, entitled "An act to provide for the construction, establishment, opening, use, discontinuing, vacating, closing, altering, improvement, and maintenance of limited access highways and facilities ancillary to those highways; to permit the acquiring of property and property rights and the closing or other treatment of intersecting roads for these purposes; to provide for the borrowing of money and for the issuing of bonds or notes payable from special funds for the acquisition, construction or improvement of such highways; and to provide for the receipt and expenditure of funds generated from the facilities," by amending section 2 (MCL 252.52), as amended by 1998 PA 223.

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

 

 

Reps. Cherry and Bogardus introduced

House Bill No. 4607, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending sections 951 and 953a (MCL 380.951 and 380.953a), section 951 as amended by 1990 PA 147 and section 953a as added by 1995 PA 289.

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

 

 

Reps. Cherry, Hale, Jacobs, Pestka, Martinez, Schauer, Bovin, Julian, Mortimer, Bogardus, Scott, Godchaux, LaSata, Green, Brewer, Schermesser, DeHart, Daniels, Caul, Frank, Neumann, Bob Brown, Toy, Pumford, Minore and Scranton introduced

House Bill No. 4608, entitled

A bill to amend 1996 PA 195, entitled "Police officer's and fire fighter's survivor tuition act," by amending the title and sections 1, 2, 3, and 4 (MCL 390.1241, 390.1242, 390.1243, and 390.1244).

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

 

 

______

 

 

Rep. Reeves moved that the House adjourn.

The motion prevailed, the time being 3:15 p.m.

 

The Speaker Pro Tempore declared the House adjourned until Tuesday, May 4, at 2:00 p.m.

 

 

GARY L. RANDALL

Clerk of the House of Representatives.