No. 15
STATE OF MICHIGAN
JOURNAL
OF THE
House of Representatives
90th Legislature
REGULAR SESSION OF 2000
House Chamber, Lansing, Wednesday, February 23, 2000.
2:00 p.m.
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--excused
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--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--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--e/d/s
Schermesser--present
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. Michael Bishop, from the 45th District, offered the following invocation:
"Almighty and most merciful Father, who calls the world into being and creates persons in Your own image, we praise and give thanks to You for the beauty and bounty of our state. Be Thou to us this day, the guide of our pilgrimage. We pray Thee for wisdom and character in ourselves and the leaders of this state. Give us the peace of God--passing all understanding. Let us not lose faith in Thine eternal purpose, despite the confusion and dismay of this troubled world. Especially grant to our nation wisdom and sanity, courage and patience, so we as leaders put the state's and the nation's welfare above party. And, when our children's children remember us in times to come, may they be able to give thanks for our devotion to justice, liberty and peace on earth and good will towards our fellow man. We ask this in Thy name. Amen."
______
Rep. Scott moved that Rep. Baird be excused from today's session.
The motion prevailed.
Second Reading of Bills
Senate Bill No. 589, entitled
A bill to amend 1980 PA 350, entitled "The nonprofit health care corporation reform act," by amending section 401 (MCL 550.1401), as amended by 1998 PA 135.
The bill was read a second time.
Rep. Raczkowski 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. Raczkowski moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the House returned to the order of
Third Reading of Bills
Senate Bill No. 589, entitled
A bill to amend 1980 PA 350, entitled "The nonprofit health care corporation reform act," by amending section 401 (MCL 550.1401), as amended by 1998 PA 135.
The bill was read a third time.
The question being on the passage of the bill,
Rep. Jacobs moved that consideration of the bill be postponed temporarily.
The motion prevailed.
Second Reading of Bills
Senate Bill No. 590, entitled
A bill to amend 1956 PA 218, entitled "The insurance code of 1956," (MCL 500.100 to 500.8302) by adding section 3407b.
The bill was read a second time.
Rep. Raczkowski 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. Raczkowski moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the House returned to the order of
Third Reading of Bills
Senate Bill No. 590, entitled
A bill to amend 1956 PA 218, entitled "The insurance code of 1956," (MCL 500.100 to 500.8302) by adding section 3407b.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 50 Yeas--106
Allen Frank Kowall Richner
Basham Garcia Kuipers Rivet
Birkholz Garza Kukuk Rocca
Bisbee Geiger LaForge Sanborn
Bishop Gieleghem LaSata Schermesser
Bogardus Gilbert Law Scott
Bovin Godchaux Lemmons Scranton
Bradstreet Gosselin Lockwood Shackleton
Brater Green Mans Sheltrown
Brewer Hager Martinez Shulman
Brown, B. Hale Mead Spade
Brown, C. Hanley Middaugh Stallworth
Byl Hansen Minore Stamas
Callahan Hardman Mortimer Switalski
Cassis Hart Neumann Tabor
Caul Howell O'Neil Tesanovich
Cherry Jacobs Pappageorge Thomas
Clark, I. Jamnick Patterson Toy
Clarke, H. Jansen Perricone Van Woerkom
Daniels Jelinek Pestka Vander Roest
DeHart Jellema Price Vaughn
Dennis Johnson, Rick Prusi Vear
DeRossett Johnson, Ruth Pumford Voorhees
DeVuyst Julian Raczkowski Wojno
DeWeese Kelly Reeves Woodward
Ehardt Kilpatrick Richardville Woronchak
Faunce Koetje
Nays--0
In The Chair: Birkholz
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
"An act to revise, consolidate, and classify the laws relating to the insurance and surety business; to regulate the incorporation or formation of domestic insurance and surety companies and associations and the admission of foreign and alien companies and associations; to provide their rights, powers, and immunities and to prescribe the conditions on which companies and associations organized, existing, or authorized under this act may exercise their powers; to provide the rights, powers, and immunities and to prescribe the conditions on which other persons, firms, corporations, associations, risk retention groups, and purchasing groups engaged in an insurance or surety business may exercise their powers; to provide for the imposition of a privilege fee on domestic insurance companies and associations and the state accident fund; to provide for the imposition of a tax on the business of foreign and alien companies and associations; to provide for the imposition of a tax on risk retention groups and purchasing groups; to provide for the imposition of a tax on the business of surplus line agents; to provide for the imposition of regulatory fees on certain insurers; to modify tort liability arising out of certain accidents; to provide for limited actions with respect to that modified tort liability and to prescribe certain procedures for maintaining those actions; to require security for losses arising out of certain accidents; to provide for the continued availability and affordability of automobile insurance and homeowners insurance in this state and to facilitate the purchase of that insurance by all residents of this state at fair and reasonable rates; to provide for certain reporting with respect to insurance and with respect to certain claims against uninsured or self-insured persons; to prescribe duties for certain state departments and officers with respect to that reporting; to provide for certain assessments; to establish and continue certain state insurance funds; to modify and clarify the status, rights, powers, duties, and operations of the nonprofit malpractice insurance fund; to provide for the departmental supervision and regulation of the insurance and surety business within this state; to provide for regulation over worker's compensation self-insurers; to provide for the conservation, rehabilitation, or liquidation of unsound or insolvent insurers; to provide for the protection of policyholders, claimants, and creditors of unsound or insolvent insurers; to provide for associations of insurers to protect policyholders and claimants in the event of insurer insolvencies; to prescribe educational requirements for insurance agents and solicitors; to provide for the regulation of multiple employer welfare arrangements; to create an automobile theft prevention authority to reduce the number of automobile thefts in this state; to prescribe the powers and duties of the automobile theft prevention authority; to provide certain powers and duties upon certain officials, departments, and authorities of this state; to repeal acts and parts of acts; and to provide penalties for the violation of this act,".
The House agreed to the full title.
Rep. Raczkowski moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Second Reading of Bills
Senate Bill No. 591, entitled
A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding section 21072a.
The bill was read a second time.
Rep. Raczkowski moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed, a majority of the members voting therefor.
Senate Bill No. 807, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending section 5431 (MCL 333.5431), as amended by 1998 PA 88.
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. Raczkowski 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. Raczkowski moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
______
Rep. Switalski moved that Rep. O'Neil be excused temporarily from today's session.
The motion prevailed.
By unanimous consent the House returned to the order of
Third Reading of Bills
Senate Bill No. 807, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending section 5431 (MCL 333.5431), as amended by 1998 PA 88.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 51 Yeas--106
Allen Frank Kowall Richner
Basham Garcia Kuipers Rison
Birkholz Garza Kukuk Rivet
Bisbee Geiger LaForge Rocca
Bishop Gieleghem LaSata Sanborn
Bogardus Gilbert Law Schermesser
Bovin Godchaux Lemmons Scott
Bradstreet Gosselin Lockwood Scranton
Brater Green Mans Shackleton
Brewer Hager Martinez Sheltrown
Brown, B. Hale Mead Shulman
Brown, C. Hanley Middaugh Spade
Byl Hansen Minore Stamas
Callahan Hardman Mortimer Switalski
Cassis Hart Neumann Tabor
Caul Howell Pappageorge Tesanovich
Cherry Jacobs Patterson Thomas
Clark, I. Jamnick Perricone Toy
Clarke, H. Jansen Pestka Van Woerkom
Daniels Jelinek Price Vander Roest
DeHart Jellema Prusi Vaughn
Dennis Johnson, Rick Pumford Vear
DeRossett Johnson, Ruth Quarles Voorhees
DeVuyst Julian Raczkowski Wojno
DeWeese Kelly Reeves Woodward
Ehardt Kilpatrick Richardville Woronchak
Faunce Koetje
Nays--0
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 "An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates," by amending section 5431 (MCL 333.5431), as amended by 1999 PA 138.
The motion prevailed.
The House agreed to the title as amended.
Rep. Raczkowski moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Second Reading of Bills
Senate Bill No. 594, entitled
A bill to amend 1990 PA 250, entitled "DNA identification profiling system act," by amending section 6 (MCL 28.176), as amended by 1996 PA 508.
The bill was read a second time.
Rep. Raczkowski 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. Raczkowski moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the House returned to the order of
Third Reading of Bills
Senate Bill No. 594, entitled
A bill to amend 1990 PA 250, entitled "DNA identification profiling system act," by amending section 6 (MCL 28.176), as amended by 1996 PA 508.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 52 Yeas--108
Allen Frank Kowall Richner
Basham Garcia Kuipers Rison
Birkholz Garza Kukuk Rivet
Bisbee Geiger LaForge Rocca
Bishop Gieleghem LaSata Sanborn
Bogardus Gilbert Law Schermesser
Bovin Godchaux Lemmons Scott
Bradstreet Gosselin Lockwood Scranton
Brater Green Mans Shackleton
Brewer Hager Martinez Sheltrown
Brown, B. Hale Mead Shulman
Brown, C. Hanley Middaugh Spade
Byl Hansen Minore Stallworth
Callahan Hardman Mortimer Stamas
Cassis Hart Neumann Switalski
Caul Howell O'Neil Tabor
Cherry Jacobs Pappageorge Tesanovich
Clark, I. Jamnick Patterson Thomas
Clarke, H. Jansen Perricone Toy
Daniels Jelinek Pestka Van Woerkom
DeHart Jellema Price Vander Roest
Dennis Johnson, Rick Prusi Vaughn
DeRossett Johnson, Ruth Pumford Vear
DeVuyst Julian Quarles Voorhees
DeWeese Kelly Raczkowski Wojno
Ehardt Kilpatrick Reeves Woodward
Faunce Koetje Richardville Woronchak
Nays--0
In The Chair: Birkholz
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
"An act to provide for a DNA identification profiling system; to provide for the collection of samples from certain prisoners, convicted offenders, and juvenile offenders and the analysis of those samples; and to prescribe the powers and duties of certain state departments and county agencies,".
The House agreed to the full title.
Rep. Raczkowski moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Second Reading of Bills
Senate Bill No. 593, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 16221 and 16226 (MCL 333.16221 and 333.16226), section 16221 as amended by 1998 PA 227 and section 16226 as amended by 1998 PA 109, and by adding sections 17020 and 17520.
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.
Rep. Raczkowski 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. Raczkowski moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the House returned to the order of
Third Reading of Bills
Senate Bill No. 593, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 16221 and 16226 (MCL 333.16221 and 333.16226), section 16221 as amended by 1998 PA 227 and section 16226 as amended by 1998 PA 109, and by adding sections 17020 and 17520.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 53 Yeas--104
Allen Faunce Kowall Rison
Basham Frank Kuipers Rivet
Birkholz Garcia Kukuk Rocca
Bisbee Garza LaForge Sanborn
Bishop Gieleghem LaSata Schermesser
Bogardus Gilbert Law Scott
Bovin Godchaux Lemmons Scranton
Bradstreet Gosselin Lockwood Shackleton
Brater Green Mans Sheltrown
Brewer Hager Mead Shulman
Brown, B. Hale Middaugh Spade
Brown, C. Hanley Mortimer Stallworth
Byl Hansen Neumann Stamas
Callahan Hardman O'Neil Switalski
Cassis Hart Pappageorge Tabor
Caul Howell Patterson Tesanovich
Cherry Jamnick Perricone Thomas
Clark, I. Jansen Pestka Toy
Clarke, H. Jelinek Price Van Woerkom
Daniels Jellema Prusi Vander Roest
DeHart Johnson, Rick Pumford Vaughn
Dennis Johnson, Ruth Quarles Vear
DeRossett Julian Raczkowski Voorhees
DeVuyst Kelly Reeves Wojno
DeWeese Kilpatrick Richardville Woodward
Ehardt Koetje Richner Woronchak
Nays--0
In The Chair: Birkholz
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
"An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates,".
The House agreed to the full title.
Rep. Raczkowski moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Second Reading of Bills
Senate Bill No. 595, entitled
A bill to amend 1956 PA 205, entitled "The paternity act," by amending sections 1, 6, and 6a (MCL 722.711, 722.716, and 722.716a), sections 1 and 6 as amended and section 6a as added by 1998 PA 113.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Health Policy,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Raczkowski 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. Raczkowski moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the House returned to the order of
Third Reading of Bills
Senate Bill No. 595, entitled
A bill to amend 1956 PA 205, entitled "The paternity act," by amending sections 1, 6, and 6a (MCL 722.711, 722.716, and 722.716a), sections 1 and 6 as amended and section 6a as added by 1998 PA 113.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 54 Yeas--108
Allen Frank Kowall Richner
Basham Garcia Kuipers Rison
Birkholz Garza Kukuk Rivet
Bisbee Geiger LaForge Rocca
Bishop Gieleghem LaSata Sanborn
Bogardus Gilbert Law Schermesser
Bovin Godchaux Lemmons Scott
Bradstreet Gosselin Lockwood Scranton
Brater Green Mans Shackleton
Brewer Hager Martinez Sheltrown
Brown, B. Hale Mead Shulman
Brown, C. Hanley Middaugh Spade
Byl Hansen Minore Stallworth
Callahan Hardman Mortimer Stamas
Cassis Hart Neumann Switalski
Caul Howell O'Neil Tabor
Cherry Jacobs Pappageorge Tesanovich
Clark, I. Jamnick Patterson Thomas
Clarke, H. Jansen Perricone Toy
Daniels Jelinek Pestka Van Woerkom
DeHart Jellema Price Vander Roest
Dennis Johnson, Rick Prusi Vaughn
DeRossett Johnson, Ruth Pumford Vear
DeVuyst Julian Quarles Voorhees
DeWeese Kelly Raczkowski Wojno
Ehardt Kilpatrick Reeves Woodward
Faunce Koetje Richardville Woronchak
Nays--0
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 1956 PA 205, entitled "An act to confer upon circuit courts jurisdiction over proceedings to compel and provide support of children born out of wedlock; to prescribe the procedure for determination of such liability; to authorize agreements providing for furnishing of such support and to provide for the enforcement thereof; and to prescribe penalties for the violation of certain provisions of this act," by amending sections 1, 6, and 6a (MCL 722.711, 722.716, and 722.716a), section 1 as amended by 1999 PA 157 and section 6 as amended and section 6a as added by 1998 PA 113.
The motion prevailed.
The House agreed to the title as amended.
Rep. Raczkowski moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Second Reading of Bills
Senate Bill No. 815, entitled
A bill to amend 1976 PA 220, entitled "Persons with disabilities civil rights act," by amending sections 201 and 202 (MCL 37.1201 and 37.1202), section 201 as amended by 1990 PA 121 and section 202 as amended by 1998 PA 20.
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. Raczkowski 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. Raczkowski moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the House returned to the order of
Third Reading of Bills
Senate Bill No. 815, entitled
A bill to amend 1976 PA 220, entitled "Persons with disabilities civil rights act," by amending sections 201 and 202 (MCL 37.1201 and 37.1202), section 201 as amended by 1990 PA 121 and section 202 as amended by 1998 PA 20.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 55 Yeas--107
Allen Frank Kowall Rison
Basham Garcia Kuipers Rivet
Birkholz Garza Kukuk Rocca
Bisbee Geiger LaForge Sanborn
Bishop Gieleghem LaSata Schermesser
Bogardus Gilbert Law Scott
Bovin Godchaux Lemmons Scranton
Bradstreet Gosselin Lockwood Shackleton
Brater Green Mans Sheltrown
Brewer Hager Martinez Shulman
Brown, B. Hale Mead Spade
Brown, C. Hanley Middaugh Stallworth
Byl Hansen Minore Stamas
Callahan Hardman Mortimer Switalski
Cassis Hart Neumann Tabor
Caul Howell O'Neil Tesanovich
Cherry Jacobs Pappageorge Thomas
Clark, I. Jamnick Patterson Toy
Clarke, H. Jansen Perricone Van Woerkom
Daniels Jelinek Pestka Vander Roest
DeHart Jellema Price Vaughn
Dennis Johnson, Rick Prusi Vear
DeRossett Johnson, Ruth Pumford Voorhees
DeVuyst Julian Raczkowski Wojno
DeWeese Kelly Reeves Woodward
Ehardt Kilpatrick Richardville Woronchak
Faunce Koetje Richner
Nays--0
In The Chair: Birkholz
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
"An act to define the civil rights of persons with disabilities; to prohibit discriminatory practices, policies, and customs in the exercise of those rights; to prescribe penalties and to provide remedies; and to provide for the promulgation of rules,".
The House agreed to the full title.
Rep. Raczkowski moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
The House returned to the consideration of
Senate Bill No. 589, entitled
A bill to amend 1980 PA 350, entitled "The nonprofit health care corporation reform act," by amending section 401 (MCL 550.1401), as amended by 1998 PA 135.
(The bill was considered earlier today, see today's journal, p. 216.)
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. 56 Yeas--106
Allen Frank Kuipers Rison
Basham Garcia Kukuk Rivet
Birkholz Garza LaForge Rocca
Bisbee Geiger LaSata Sanborn
Bishop Gieleghem Law Schermesser
Bogardus Gilbert Lemmons Scott
Bovin Godchaux Lockwood Scranton
Bradstreet Gosselin Mans Shackleton
Brater Green Martinez Sheltrown
Brewer Hager Mead Shulman
Brown, B. Hale Middaugh Spade
Brown, C. Hanley Minore Stallworth
Byl Hansen Mortimer Stamas
Callahan Hardman Neumann Switalski
Cassis Hart O'Neil Tabor
Caul Howell Pappageorge Tesanovich
Cherry Jacobs Patterson Thomas
Clark, I. Jamnick Perricone Toy
Clarke, H. Jansen Pestka Van Woerkom
Daniels Jelinek Price Vander Roest
DeHart Jellema Prusi Vaughn
Dennis Johnson, Rick Pumford Vear
DeRossett Johnson, Ruth Raczkowski Voorhees
DeVuyst Julian Reeves Wojno
DeWeese Kilpatrick Richardville Woodward
Ehardt Koetje Richner Woronchak
Faunce Kowall
Nays--0
In The Chair: Birkholz
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
"An act to provide for the incorporation of nonprofit health care corporations; to provide their rights, powers, and immunities; to prescribe the powers and duties of certain state officers relative to the exercise of those rights, powers, and immunities; to prescribe certain conditions for the transaction of business by those corporations in this state; to define the relationship of health care providers to nonprofit health care corporations and to specify their rights, powers, and immunities with respect thereto; to provide for a Michigan caring program; to provide for the regulation and supervision of nonprofit health care corporations by the commissioner of insurance; to prescribe powers and duties of certain other state officers with respect to the regulation and supervision of nonprofit health care corporations; to provide for the imposition of a regulatory fee; to regulate the merger or consolidation of certain corporations; to prescribe an expeditious and effective procedure for the maintenance and conduct of certain administrative appeals relative to provider class plans; to provide for certain administrative hearings relative to rates for health care benefits; to provide for certain causes of action; to prescribe penalties and to provide civil fines for violations of this act; and to repeal certain acts and parts of acts,".
The House agreed to the full title.
Rep. Raczkowski moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Rep. Raczkowski moved that Senate Bill No. 591 be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
Senate Bill No. 591, entitled
A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding section 21072a.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 57 Yeas--106
Allen Frank Kowall Rison
Basham Garcia Kuipers Rivet
Birkholz Garza Kukuk Rocca
Bisbee Geiger LaForge Sanborn
Bishop Gieleghem LaSata Schermesser
Bogardus Gilbert Law Scott
Bovin Godchaux Lemmons Scranton
Bradstreet Gosselin Lockwood Shackleton
Brater Green Mans Sheltrown
Brewer Hager Martinez Shulman
Brown, B. Hale Mead Spade
Brown, C. Hanley Middaugh Stallworth
Byl Hansen Mortimer Stamas
Callahan Hardman Neumann Switalski
Cassis Hart O'Neil Tabor
Caul Howell Pappageorge Tesanovich
Cherry Jacobs Patterson Thomas
Clark, I. Jamnick Perricone Toy
Clarke, H. Jansen Pestka Van Woerkom
Daniels Jelinek Price Vander Roest
DeHart Jellema Prusi Vaughn
Dennis Johnson, Rick Pumford Vear
DeRossett Johnson, Ruth Raczkowski Voorhees
DeVuyst Julian Reeves Wojno
DeWeese Kelly Richardville Woodward
Ehardt Kilpatrick Richner Woronchak
Faunce Koetje
Nays--0
In The Chair: Birkholz
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
"An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates,".
The House agreed to the full title.
Rep. Raczkowski moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
______
The Speaker Pro Tempore called Associate Speaker Pro Tempore Scranton to 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. 4591, entitled
A bill to amend 1993 PA 92, entitled "Seller disclosure act," by amending section 7 (MCL 565.957), as amended by 1996 PA 92.
(The bill was received from the Senate on February 17 with substitute (S-1), full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 13, p. 194.)
The question being on concurring in 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. 58 Yeas--107
Allen Garcia Kuipers Rison
Basham Garza Kukuk Rivet
Birkholz Geiger LaForge Rocca
Bisbee Gieleghem LaSata Sanborn
Bishop Gilbert Law Schermesser
Bogardus Godchaux Lemmons Scott
Bovin Gosselin Lockwood Scranton
Bradstreet Green Mans Shackleton
Brater Hager Martinez Sheltrown
Brewer Hale Mead Shulman
Brown, C. Hanley Middaugh Spade
Byl Hansen Minore Stallworth
Callahan Hardman Mortimer Stamas
Cassis Hart Neumann Switalski
Caul Howell O'Neil Tabor
Cherry Jacobs Pappageorge Tesanovich
Clark, I. Jamnick Patterson Thomas
Clarke, H. Jansen Perricone Toy
Daniels Jelinek Pestka Van Woerkom
DeHart Jellema Price Vander Roest
Dennis Johnson, Rick Prusi Vaughn
DeRossett Johnson, Ruth Pumford Vear
DeVuyst Julian Quarles Voorhees
DeWeese Kelly Raczkowski Wojno
Ehardt Kilpatrick Reeves Woodward
Faunce Koetje Richardville Woronchak
Frank Kowall Richner
Nays--0
In The Chair: Scranton
The House agreed to the full title of the bill.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
______
Rep. Schermesser moved that Rep. O'Neil be excused temporarily from today's session.
The motion prevailed.
The Speaker laid before the House
House Bill No. 5014, entitled
A bill to amend 1993 PA 92, entitled "Seller disclosure act," by amending section 7 (MCL 565.957), as amended by 1996 PA 92.
(The bill was received from the Senate on February 17 with substitute (S-1), full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 13, p. 194.)
The question being on concurring in 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. 59 Yeas--107
Allen Frank Kowall Rison
Basham Garcia Kuipers Rivet
Birkholz Garza Kukuk Rocca
Bisbee Geiger LaForge Sanborn
Bishop Gieleghem LaSata Schermesser
Bogardus Gilbert Law Scott
Bovin Godchaux Lemmons Scranton
Bradstreet Gosselin Lockwood Shackleton
Brater Green Mans Sheltrown
Brewer Hager Martinez Shulman
Brown, B. Hale Mead Spade
Brown, C. Hanley Middaugh Stallworth
Byl Hansen Minore Stamas
Callahan Hardman Mortimer Switalski
Cassis Hart Neumann Tabor
Caul Howell Pappageorge Tesanovich
Cherry Jacobs Patterson Thomas
Clark, I. Jamnick Perricone Toy
Clarke, H. Jansen Pestka Van Woerkom
Daniels Jelinek Price Vander Roest
DeHart Jellema Prusi Vaughn
Dennis Johnson, Rick Pumford Vear
DeRossett Johnson, Ruth Quarles Voorhees
DeVuyst Julian Raczkowski Wojno
DeWeese Kelly Reeves Woodward
Ehardt Kilpatrick Richardville Woronchak
Faunce Koetje Richner
Nays--0
In The Chair: Scranton
The House agreed to the full title of the bill.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
______
Rep. Raczkowski moved that House Committees be given leave to meet during the balance of today's session.
The motion prevailed.
Rep. Schauer entered the House Chambers.
By unanimous consent the House returned to the order of
Motions and Resolutions
Reps. Richner, Vaughn, Birkholz, DeVuyst, Julian, Hager, Kowall, Bishop, Shulman, Allen, Ehardt, Rick Johnson, DeHart, Vander Roest, Cassis, Voorhees, Mead, Koetje, Kelly, Pappageorge, Gosselin, Kukuk, Garcia, Jamnick, Raczkowski, Clarke, Faunce, Scott, Jellema, Vear, Perricone, Lemmons, DeWeese and DeRossett offered the following resolution:
House Resolution No. 284.
A resolution honoring Gopalkrishna Trivedi.
Whereas, Gopalkrishna Trivedi, an esteemed resident of Grosse Pointe Park and a student at Pierce Middle School, has achieved national recognition for exemplary volunteer service by receiving a 2000 Prudential Spirit of Community Award; and
Whereas, This prestigious award, presented by the Prudential Insurance Company of America in partnership with the National Association of Secondary School Principals, honors young volunteers across America who have demonstrated an extraordinary commitment to serving their communities; and
Whereas, Gopalkrishna Trivedi earned this award by giving generously of his time and energy to repairing and upgrading obsolete computers to help non-English-speaking students learn and work in English; and
Whereas, The success of the State of Michigan, the strength of our communities, and the overall vitality of American society depend, in great measure, upon the dedication of young people like Gopalkrishna Trivedi who use their considerable talents and resources to serve others; now, therefore, be it
Resolved by the House of Representatives, That this legislative body congratulates and honors Gopalkrishna Trivedi as a recipient of a Prudential Spirit of Community Award, recognizes his outstanding record of volunteer service, peer leadership, and community spirit, and extends best wishes for his continued success and happiness; and be it further
Resolved, That a copy of this resolution be transmitted to Gopalkrishna Trivedi as a token of our 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.
Reports of Standing Committees
The Committee on Gaming and Casino Oversight, by Rep. Koetje, Chair, reported
House Bill No. 5358, entitled
A bill to amend 1976 PA 388, entitled "Michigan campaign finance act," (MCL 169.201 to 169.282) by adding section 24b.
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 5358 To Report Out:
Yeas: Reps. Koetje, Vander Roest, Law, Richner, Voorhees, Brewer, Callahan,
Nays: Reps. Garza, Hardman.
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Koetje, Chair of the Committee on Gaming and Casino Oversight, was received and read:
Meeting held on: Wednesday, February 23, 2000, at 10:30 a.m.,
Present: Reps. Koetje, Vander Roest, Law, Richner, Voorhees, Brewer, Callahan, Garza, Hardman.
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Kuipers, Vice-Chair of the Committee on Employment Relations, Training and Safety, was received and read:
Meeting held on: Wednesday, February 23, 2000, at 9:00 a.m.,
Present: Reps. Gosselin, Kuipers, DeWeese, Raczkowski, Dennis, LaForge, Switalski.
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Middaugh, Chair of the Committee on Energy and Technology, was received and read:
Meeting held on: Wednesday, February 23, 2000, at 10:30 a.m.,
Present: Reps. Middaugh, Bradstreet, Birkholz, Bisbee, Cassis, Garcia, Gosselin, Howell, Kowall, Kuipers, Richardville, Shulman, Bob Brown, Daniels, Hansen, Lemmons, Neumann, Quarles, Schauer, Woodward,
Absent: Rep. Thomas,
Excused: Rep. Thomas.
Announcement by the Clerk of Printing and Enrollment
The Clerk announced that the following bills had been printed and placed upon the files of the members, Friday, February 18:
Senate Bill Nos. 1014 1015 1016 1017 1018 1019 1020 1021 1022 1023 1024 1025 1026 1027 1028 1029 1030 1031 1032 1033 1034 1035 1036 1037 1038 1039 1040
The Clerk announced that the following bill had been printed and placed upon the files of the members, Wednesday, February 23:
House Bill No. 5418
Communications from State Officers
The following communication from the Auditor General was received and read:
February 22, 2000
Enclosed is a copy of the following audit report and/or executive digest:
Financial Audit of the
Michigan State Fair and Exposition Center
Department of Consumer and Industry Services
October 1, 1996 through September 30, 1997
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
Rep. Jelinek introduced
House Bill No. 5435, entitled
A bill to amend 1979 PA 94, entitled "The state school aid act of 1979," by amending sections 3, 6, 8, 11, 11f, 11g, 19, 20, 20j, 21b, 24, 26a, 31a, 31c, 31d, 32, 36, 36a, 40, 41, 51a, 53a, 54, 56, 57, 61a, 62, 63, 67, 68, 74, 81, 91b, 91c, 94, 99, 101, 102, 104a, 105b, 105c, 107, 147, 151, 152, and 163 (MCL 388.1603, 388.1606, 388.1608, 388.1611, 388.1611f, 388.1611g, 388.1619, 388.1620, 388.1620j, 388.1621b, 388.1624, 388.1626a, 388.1631a, 388.1631c, 388.1631d, 388.1632, 388.1636, 388.1636a, 388.1640, 388.1641, 388.1651a, 388.1653a, 388.1654, 388.1656, 388.1657, 388.1661a, 388.1662, 388.1663, 388.1667, 388.1668, 388.1674, 388.1681, 388.1691b, 388.1691c, 388.1694, 388.1699, 388.1701, 388.1702, 388.1704a, 388.1705b, 388.1705c, 388.1707, 388.1747, 388.1751, 388.1752, and 388.1763), sections 6, 11, 11f, 11g, 20, 24, 26a, 31a, 31c, 36, 36a, 41, 51a, 53a, 54, 56, 57, 61a, 62, 63, 67, 68, 74, 81, 91b, 94, 99, 101, 104a, 107, and 147 as amended by 1999 PA 119, and sections 20j, 31d, 32, and 105c as added by 1999 PA 119, and section 8 as amended by 1997 PA 142, and sections 3 and 151, as amended by 1997 PA 93, and section 105b as added by 1997 PA 24, and sections 19, 21b, 102, and 163 as amended by 1996 PA 300, and section 91c as added by 1995 PA 130, and section 152 as amended by 1993 PA 175, and section 40 as amended by 1991 PA 118, and by adding sections 22a, 22b, 22c, 51c, 94a, 101b, and 108a; and to repeal acts and parts of acts.
The bill was read a first time by its title and referred to the Committee on Appropriations.
Reps. Baird, Schauer, Callahan, Switalski, LaForge and Jacobs introduced
House Bill No. 5436, entitled
A bill to amend 1947 PA 359, entitled "The charter township act," by amending sections 4 and 5 (MCL 42.4 and 42.5), section 4 as amended by 1998 PA 101 and section 5 as amended by 1986 PA 34.
The bill was read a first time by its title and referred to the Committee on Constitutional Law and Ethics.
Reps. Baird, Schauer, Callahan, Switalski, LaForge, Bovin and Jacobs introduced
House Bill No. 5437, entitled
A bill to amend 1954 PA 116, entitled "Michigan election law," by amending sections 198, 345, 348, 349, 352, 354, 355, 357, 358, 362, 534, 535, 561, 570a, 582, 686a, 694, 719, and 973 (MCL 168.198, 168.345, 168.348, 168.349, 168.352, 168.354, 168.355, 168.357, 168.358, 168.362, 168.534, 168.535, 168.561, 168.570a, 168.582, 168.686a, 168.694, 168.719, and 168.973), section 349 as amended by 1996 PA 583, section 358 as amended by 1990 PA 7, section 362 as amended by 1980 PA 112, sections 534 and 686a as amended by 1988 PA 116, and section 582 as amended by 1980 PA 160.
The bill was read a first time by its title and referred to the Committee on Constitutional Law and Ethics.
Reps. Garcia, Gosselin, Ehardt, Faunce, Raczkowski, Mortimer, Kowall, DeWeese and Neumann introduced
House Bill No. 5438, entitled
A bill to amend 1999 PA 212, entitled "An act to restrict certain governmental entities from requiring individuals to reside within certain geographic areas or specified distances or travel times from their place of employment as a condition of employment or promotion," by amending section 2 (MCL 15.602).
The bill was read a first time by its title and referred to the Committee on Employment Relations, Training and Safety.
Reps. Garcia and Gosselin introduced
House Bill No. 5439, entitled
A bill to amend 1985 PA 87, entitled "Crime victim's rights act," by amending sections 16, 44, and 76 (MCL 780.766, 780.794, and 780.826), sections 16 and 76 as amended by 1998 PA 232 and section 44 as amended by 1996 PA 562.
The bill was read a first time by its title and referred to the Committee on Criminal Law and Corrections.
______
Rep. Callahan moved that the House adjourn.
The motion prevailed, the time being 3:55 p.m.
Associate Speaker Pro Tempore Scranton declared the House adjourned until Thursday, February 24, at 12:00 Noon.
GARY L. RANDALL
Clerk of the House of Representatives.