No. 60

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

90th Legislature

REGULAR SESSION OF 1999

House Chamber, Lansing, Thursday, September 23, 1999.

 

12:00 Noon.

 

 

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

 

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--e/d/s

Clarke--present

Daniels--excused

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--excused

Hart--present

Howell--present

Jacobs--present

Jamnick--present

Jansen--present

Jelinek--present

Jellema--present

Johnson, Rick--present

Johnson, Ruth--present

Julian--present

Kelly--present

Kilpatrick--present

Koetje--present

Kowall--present

Kuipers--present

Kukuk--present

LaForge--present

LaSata--present

Law--present

Lemmons--present

Lockwood--present

Mans--excused

Martinez--present

Mead--present

Middaugh--present

Minore--present

Mortimer--present

Neumann--present

O'Neil--present

Pappageorge--excused

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--excused

Scott--present

Scranton--present

Shackleton--present

Sheltrown--present

Shulman--present

Spade--present

Stallworth--present

Stamas--present

Switalski--present

Tabor--present

Tesanovich--present

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

 

Rep. Jerry Vander Roest, from the 63rd District, offered the following invocation:

 

"Dear Heavenly Father, we thank You for this beautiful day, this beautiful Earth, and a beautiful place to be. God, be with us as we delegate Your business and we do everything to Thy will. Be with those who need, in sickness and health, Your loving hand and care. Be with us Lord, as we do Thy business. We thank You for everything that You have given us and be with us this day. We ask everything in Thy name. Amen."

 

 

______

 

 

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

The motion prevailed.

 

Rep. Scott moved that Reps. Hardman, Mans, Schermesser and Daniels be excused from today's session.

The motion prevailed.

 

 

Third Reading of Bills

 

 

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 third time.

The question being on the passage of the bill,

After debate,

Rep. Frank demanded the previous question.

The demand was supported.

The question being, "Shall the main question now be put?"

The previous question was ordered.

The question being on the passage of the bill,

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

 

 

Roll Call No. 816 Yeas--69

 

 
AllenFrankKowallRichardville
BashamGarciaKuipersRichner
BirkholzGeigerKukukRivet
BisbeeGilbertLaSataRocca
BishopGosselinLawSanborn
BovinGreenLockwoodShackleton
BradstreetHagerMeadSheltrown
Brown, B.HartMiddaughShulman
Brown, C.HowellMortimerSpade
BylJansenNeumannStamas
CallahanJelinekO'NeilTabor
CassisJellemaPattersonVan Woerkom
CaulJohnson, RickPerriconeVander Roest
DeRossettJohnson, RuthPestkaVear
DeVuystJulianPumfordVoorhees
DeWeeseKellyRaczkowskiWojno
EhardtKoetjeReevesWoronchak

Faunce

 

 

Nays--34

 

 
BairdGieleghemLemmonsScranton
BogardusGodchauxMartinezStallworth
BraterHaleMinoreSwitalski
BrewerHanleyPriceTesanovich
CherryHansenPrusiThomas
Clarke, H.JacobsQuarlesToy
DeHartJamnickSchauerVaughn
DennisKilpatrickScottWoodward

Garza LaForge

 

 

In The Chair: Birkholz

 

 

The question being on agreeing to the title of the bill,

Rep. Raczkowski moved to amend the title to read as follows:

A bill to amend 1978 PA 368, entitled "Public health code," by amending section 20115 (MCL 333.20115) and by adding section 22224.

The motion prevailed.

The House agreed to the title as amended.

 

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

The question being on the motion made by Rep. Middaugh,

Rep. Baird demanded the yeas and nays.

The demand was supported.

The question being on the motion made by Rep. Middaugh,

The motion did not prevail, 2/3 of the members serving not voting therefor, by yeas and nays, as follows:

 

 

Roll Call No. 817 Yeas--70

 

 
AllenFrankKuipersRichner
BashamGarciaKukukRivet
BirkholzGeigerLaSataRocca
BisbeeGilbertLawSanborn
BishopGosselinLockwoodShackleton
BovinGreenMeadSheltrown
BradstreetHagerMiddaughShulman
Brown, B.HartMortimerSpade
Brown, C.HowellNeumannStamas
BylJansenO'NeilTabor
CallahanJelinekPattersonToy
CassisJellemaPerriconeVan Woerkom
CaulJohnson, RickPestkaVander Roest
DeRossettJohnson, RuthPumfordVear
DeVuystJulianRaczkowskiVoorhees
DeWeeseKellyReevesWojno
EhardtKoetjeRichardvilleWoronchak

Faunce Kowall

 

 

Nays--33

 

 
BairdGieleghemLaForgeSchauer
BogardusGodchauxLemmonsScranton
BraterHaleMartinezStallworth
BrewerHanleyMinoreSwitalski
CherryHansenPriceTesanovich
Clarke, H.JacobsPrusiThomas
DeHartJamnickQuarlesVaughn
DennisKilpatrickRisonWoodward

Garza

 

 

In The Chair: Birkholz

Rep. Clark entered the House Chambers.

 

 

Second Reading of Bills

 

 

House Bill No. 4414, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 2552 (MCL 600.2552), as amended by 1994 PA 154.

Was read a second time, and the question being on the adoption of the proposed amendment previously recommended by the Committee on Family and Civil Law (for amendment, see House Journal No. 40, p. 770),

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

 

Rep. Ruth Johnson moved to amend the bill as follows:

1. Amend page 3, following line 5, by inserting:

"Enacting section 1. This amendatory act takes effect January 1, 2000.".

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

 

Rep. Ruth Johnson 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.

 

By unanimous consent the House returned to the order of

Third Reading of Bills

 

 

House Bill No. 4414, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 2552 (MCL 600.2552), as amended by 1994 PA 154.

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

 

 

Roll Call No. 818 Yeas--97

 

 
AllenGarciaKuipersRivet
BashamGarzaKukukRocca
BirkholzGeigerLaForgeSanborn
BisbeeGieleghemLaSataSchauer
BogardusGilbertLawScott
BovinGodchauxLemmonsScranton
BradstreetGosselinLockwoodShackleton
BraterGreenMartinezSheltrown
Brown, B.HagerMeadShulman
Brown, C.HaleMiddaughSpade
BylHansenMinoreStallworth
CallahanHartMortimerStamas
CassisHowellNeumannSwitalski
CaulJacobsO'NeilTabor
CherryJamnickPattersonTesanovich
Clark, I.JansenPerriconeThomas
Clarke, H.JelinekPestkaToy
DeHartJellemaPriceVan Woerkom
DennisJohnson, RickPrusiVaughn
DeRossettJohnson, RuthPumfordVear
DeVuystJulianRaczkowskiVoorhees
DeWeeseKellyReevesWojno
EhardtKoetjeRichardvilleWoodward
FaunceKowallRichnerWoronchak

Frank

Nays--6

 

 

Baird Hanley Rison Vander Roest

Bishop Quarles

 

 

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.

 

 

______

 

 

Rep. Middaugh 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

Reports of Standing Committees

 

 

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

Senate Bill No. 182, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 7208, 7220, and 7227 (MCL 333.7208, 333.7220, and 333.7227) and by adding section 7339.

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

 

SB 182 To Report Out:

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

Nays: None.

 

 

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

Senate Bill No. 436, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending section 17745a (MCL 333.17745a), as added by 1993 PA 305.

With the recommendation that the bill pass.

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

 

 

Favorable Roll Call

 

SB 436 To Report Out:

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

Nays: None.

 

 

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, September 23, 1999, at 10:30 a.m.,

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

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, September 23, 1999, at 9:00 a.m.,

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

Absent: Rep. Schermesser,

Excused: Rep. Schermesser.

 

 

Announcement by the Clerk of Printing and Enrollment

 

 

The Clerk announced that the following bill had been printed and placed upon the files of the members, Thursday, September 23:

House Bill No. 4843

 

 

Introduction of Bills

 

 

Reps. Wojno, Mans, Schauer, Thomas, Faunce, Garcia, Gosselin, Rivet, Hale, Basham, Bob Brown and Jacobs introduced

House Bill No. 4845, entitled

A bill to amend 1974 PA 198, entitled "An act to provide for the establishment of plant rehabilitation districts and industrial development districts in local governmental units; to provide for the exemption from certain taxes; to levy and collect a specific tax upon the owners of certain facilities; to provide for the disposition of the tax; to provide for the obtaining and transferring of an exemption certificate and to prescribe the contents of those certificates; to prescribe the powers and duties of the state tax commission and certain officers of local governmental units; and to provide penalties," by amending section 9 (MCL 207.559), as amended by 1996 PA 513.

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

 

 

Reps. Switalski, Lemmons, Rick Johnson, Allen, DeRossett and Julian introduced

House Bill No. 4846, entitled

A bill to amend 1963 PA 181, entitled "Motor carrier safety act of 1963," by amending section 1a (MCL 480.11a), as amended by 1995 PA 265.

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

 

 

Reps. Switalski, Spade, Thomas, Bogardus, Schauer, DeHart, Schermesser, Garza, Martinez, Price, Wojno, Clarke, Rivet, Pappageorge, Bovin, Garcia, LaSata and Lemmons introduced

House Bill No. 4847, entitled

A bill to amend 1939 PA 288, entitled "Probate code of 1939," by amending sections 23f and 24 of chapter X (MCL 710.23f and 710.24), section 23f as amended by 1994 PA 373 and section 24 as amended by 1996 PA 409.

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

 

 

Reps. Switalski, Spade, Thomas, Bogardus, DeHart, Schermesser, Garza, Martinez, Price, Wojno, Jacobs, Clarke, Rivet, Bovin, Pappageorge, LaSata and Lemmons introduced

House Bill No. 4848, entitled

A bill to amend 1939 PA 280, entitled "The social welfare act," by amending section 106 (MCL 400.106), as amended by 1990 PA 145.

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

 

 

Reps. Switalski, Bogardus, Schauer, Schermesser, Garza and LaSata introduced

House Bill No. 4849, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 1101 (MCL 380.1101), as amended by 1995 PA 289.

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

Reps. Mortimer, DeRossett, Garcia, Shackleton, Bradstreet, Birkholz, Julian and Jelinek introduced

House Bill No. 4850, entitled

A bill to amend 1974 PA 163, entitled "L.E.I.N. policy council act of 1974," by amending section 4 (MCL 28.214), as amended by 1998 PA 459.

The bill was read a first time by its title and referred to the Committee on Employment Relations, Training and Safety.

 

 

Reps. Richner, Law, DeWeese, Ehardt, Julian, Daniels and Schauer introduced

House Bill No. 4851, entitled

A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding section 10103a.

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

 

 

Reps. Woronchak, DeRossett, Bisbee, Faunce, Julian, Sanborn, Rivet, Toy and Gilbert introduced

House Bill No. 4852, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," (MCL 206.1 to 206.532) by adding section 267.

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

 

 

______

 

 

Rep. LaSata moved that the House adjourn.

The motion prevailed, the time being 2:30 p.m.

 

The Speaker Pro Tempore declared the House adjourned until Tuesday, September 28, at 2:00 p.m.

 

 

GARY RANDALL

Clerk of the House of Representatives.