No. 43

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

90th Legislature

REGULAR SESSION OF 1999

House Chamber, Lansing, Thursday, May 13, 1999.

 

12:00 Noon.

 

The House was called to order by Associate Speaker Pro Tempore Patterson.

 

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--excused

Hager--present

Hale--present

Hanley--excused

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--excused

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

Reverend Richard Hardy, from the Bethel United Church of Christ in Manchester, offered the following invocation:

 

"Our Heavenly Father, it is early in the morning by which creatures since time began would go by the waterside and drink, and breathe into themselves the fresh breath of the early morning air, and to look upon the horizon and dream. We come this day in that same mood, as primitive as it may be, to come to this place and drink of the water of a people who sent us here to serve and to represent. So we drink of the water, breathe the air, and look to the horizon to see. We are thankful here this day, for each other, and what we do in our work together. May we drink, may we breathe, and may we see the horizon together. For those who represent us--we are terribly proud. For those who come to serve us--yes even more. And those who even put their life before us, we are thankful and proud of them that they are present here this day. And may upon this land, we may drink, and breathe, and see a horizon. In God's sight. Amen."

 

 

______

 

 

Rep. Scott moved that Reps. Rison, Schermesser and Hanley be excused from today's session.

The motion prevailed.

 

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

The motion prevailed.

 

 

Quorum Call

 

 

Rep. Raczkowski questioned the presence of a quorum and moved that the roll be called and printed in the Journal.

The motion prevailed.

The roll was called and the Clerk announced that a quorum was present.

The following is the roll call:

 

 

Roll Call No. 330 Yeas--103

 

 
AllenEhardtKoetjeRichardville
BairdFaunceKowallRichner
BashamFrankKuipersRivet
BirkholzGarciaKukukRocca
BisbeeGarzaLaForgeSanborn
BishopGeigerLaSataSchauer
BogardusGieleghemLawScott
BovinGilbertLemmonsScranton
BradstreetGodchauxLockwoodShackleton
BraterGosselinMansSheltrown
BrewerHagerMartinezShulman
Brown, B.HaleMeadSpade
Brown, C.HansenMiddaughStamas
BylHardmanMinoreSwitalski
CallahanHartMortimerTabor
CassisHowellNeumannTesanovich
CaulJacobsO'NeilToy
CherryJamnickPappageorgeVan Woerkom
Clark, I.JansenPattersonVander Roest
Clarke, H.JelinekPestkaVaughn
DanielsJellemaPriceVear
DeHartJohnson, RickPrusiVoorhees
DennisJohnson, RuthPumfordWojno
DeRossettJulianQuarlesWoodward
DeVuystKellyRaczkowskiWoronchak
DeWeeseKilpatrickReeves

 

 

In The Chair: Patterson

Second Reading of Bills

 

 

House Bill No. 4499, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 40102 (MCL 324.40102), as amended by 1998 PA 86, and by adding section 40111a.

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

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

 

Rep. Cameron Brown moved to substitute (H-6) the bill.

The question being on the adoption of the substitute (H-6) offered by Rep. Cameron Brown,

Rep. Cameron Brown demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the substitute (H-6) offered by Rep. Cameron Brown,

Rep. Cameron Brown moved that consideration of the substitute be postponed temporarily.

The motion prevailed.

 

Rep. Rick Johnson moved to substitute (H-3) the bill.

The question being on the adoption of the substitute (H-3) offered by Rep. Rick Johnson,

Rep. Kilpatrick demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the substitute (H-3) offered by Rep. Rick Johnson,

The substitute (H-3) was adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:

 

 

Roll Call No. 331 Yeas--58

 

 
AllenGeigerKuipersRichner
BairdGilbertKukukRocca
BirkholzGodchauxLaSataSanborn
BisbeeGosselinLawScranton
BishopHagerMartinezShackleton
Brown, C.HartMeadShulman
BylHowellMiddaughStamas
CassisJansenMortimerTabor
CaulJelinekPappageorgeToy
DeRossettJellemaPattersonVan Woerkom
DeVuystJohnson, RickPerriconeVander Roest
DeWeeseJohnson, RuthPumfordVear
EhardtJulianRaczkowskiVoorhees
FaunceKoetjeRichardvilleWoronchak

Garcia Kowall

 

 

Nays--46

 

 
BashamDeHartLemmonsSchauer
BogardusDennisLockwoodScott
BovinFrankMinoreSheltrown
BradstreetGarzaNeumannSpade
BraterGieleghemO'NeilStallworth
BrewerHalePestkaSwitalski
Brown, B.HansenPriceTesanovich
CallahanHardmanPrusiThomas
CherryJacobsQuarlesVaughn
Clark, I.JamnickReevesWojno
Clarke, H.KellyRivetWoodward

Daniels Kilpatrick

 

 

In The Chair: Patterson

Rep. Bovin moved to amend the bill as follows:

1. Amend page 6, following line 18, by inserting:

"(3) THIS SECTION DOES NOT APPLY IN THE UPPER PENINSULA EXCEPT IN THE AREA DEFINED AS DEER MANAGEMENT UNIT 215 IN SECTION 12.215 OF THE WILDLIFE CONSERVATION ORDER, AS AMENDED EFFECTIVE JUNE 1, 1997.".

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

Rep. Bovin demanded the yeas and nays.

The demand was supported.

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

Rep. Julian moved that consideration of the amendment be postponed temporarily.

The motion prevailed.

 

Rep. Shackleton moved to amend the bill as follows:

1. Amend page 6, following line 18, by inserting:

"Enacting section 1. This amendatory act is repealed effective 5 years after the effective date of this act.".

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

 

Rep. Shackleton moved to amend the bill as follows:

1. Amend page 6, following line 18, following enacting section 1, by inserting:

"Enacting section 2. This amendatory act does not apply in the Upper Peninsula until the department of natural resources demonstrates the bovine TB is present in the Upper Peninsula.".

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

Rep. Kilpatrick moved that consideration of the amendment be postponed temporarily.

The motion prevailed.

 

Rep. Sheltrown moved to substitute (H-5) the bill.

The question being on the adoption of the substitute (H-5) offered by Rep. Sheltrown,

Rep. Sheltrown demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the substitute (H-5) offered by Rep. Sheltrown,

Rep. Raczkowski moved that consideration of the bill be postponed for the day.

The motion prevailed.

 

 

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 second time.

Rep. Garcia 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

 

 

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 third time.

The question being on the passage of the bill,

Rep. Raczkowski moved that consideration of the bill be postponed temporarily.

The motion prevailed.

 

 

______

 

 

Rep. Jacobs moved that Rep. Quarles be excused from the balance of today's session.

The motion prevailed.

 

Rep. Kilpatrick moved that Rep. Reeves be excused temporarily from today's session.

The motion prevailed.

 

 

House Bill No. 4132, entitled

A bill to amend 1939 PA 280, entitled "The social welfare act," (MCL 400.1 to 400.119b) by adding section 115o.

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

 

 

Roll Call No. 332 Yeas--104

 

 
AllenEhardtKoetjeRichner
BairdFaunceKowallRivet
BashamFrankKuipersRocca
BirkholzGarciaKukukSanborn
BisbeeGarzaLaForgeSchauer
BishopGeigerLaSataScott
BogardusGieleghemLawScranton
BovinGilbertLemmonsShackleton
BradstreetGodchauxLockwoodSheltrown
BraterGosselinMansShulman
BrewerHagerMartinezSpade
Brown, B.HaleMeadStallworth
Brown, C.HansenMiddaughStamas
BylHardmanMinoreSwitalski
CallahanHartMortimerTabor
CassisHowellNeumannTesanovich
CaulJacobsO'NeilThomas
CherryJamnickPappageorgeToy
Clark, I.JansenPattersonVan Woerkom
Clarke, H.JelinekPerriconeVander Roest
DanielsJellemaPestkaVaughn
DeHartJohnson, RickPriceVear
DennisJohnson, RuthPrusiVoorhees
DeRossettJulianPumfordWojno
DeVuystKellyRaczkowskiWoodward
DeWeeseKilpatrickRichardvilleWoronchak

 

 

Nays--0

 

 

In The Chair: Patterson

 

 

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 1939 PA 280, entitled "The social welfare act," (MCL 400.1 to 400.119b) by adding section 115p.

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.

 

 

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 third time and postponed temporarily on May 12, see House Journal No. 42, p. 806.)

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. 333 Yeas--102

 

 
AllenEhardtKowallRivet
BairdFaunceKuipersRocca
BashamFrankKukukSanborn
BirkholzGarciaLaForgeSchauer
BisbeeGarzaLaSataScott
BishopGieleghemLawScranton
BogardusGilbertLemmonsShackleton
BovinGodchauxLockwoodSheltrown
BradstreetGosselinMansShulman
BraterHagerMartinezSpade
BrewerHaleMeadStallworth
Brown, B.HansenMiddaughStamas
Brown, C.HardmanMinoreSwitalski
BylHartMortimerTabor
CallahanHowellNeumannTesanovich
CassisJacobsO'NeilThomas
CaulJamnickPattersonToy
CherryJansenPerriconeVan Woerkom
Clark, I.JelinekPestkaVander Roest
Clarke, H.JellemaPriceVaughn
DanielsJohnson, RickPrusiVear
DeHartJohnson, RuthPumfordVoorhees
DennisJulianRaczkowskiWojno
DeRossettKellyRichardvilleWoodward
DeVuystKilpatrickRichnerWoronchak

DeWeese Koetje

 

 

Nays--0

 

 

In The Chair: Patterson

 

 

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. Allen, Baird, Basham, Birkholz, Bradstreet, Cameron Brown, Byl, Cassis, Caul, DeRossett, DeWeese, Faunce, Frank, Garza, Gosselin, Hager, Hardman, Howell, Jacobs, Kelly, Kilpatrick, Koetje, Kowall, Kuipers, Law, Neumann, O'Neil, Pappageorge, Pestka, Raczkowski, Rocca, Scott, Shulman, Switalski, Toy, Van Woerkom, Vaughn, Voorhees and Woodward were named co-sponsors of the bill.

 

 

The House returned to the consideration of

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 considered earlier today, see today's journal, p. 826.)

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. 334 Yeas--102

 

 
AllenFaunceKowallRivet
BairdFrankKuipersRocca
BashamGarciaKukukSanborn
BirkholzGarzaLaForgeSchauer
BisbeeGeigerLaSataScott
BishopGieleghemLawScranton
BogardusGilbertLemmonsShackleton
BovinGodchauxLockwoodSheltrown
BradstreetGosselinMansShulman
BraterHagerMartinezSpade
BrewerHaleMeadStallworth
Brown, B.HansenMiddaughStamas
Brown, C.HardmanMinoreSwitalski
BylHartMortimerTabor
CallahanHowellNeumannTesanovich
CassisJacobsO'NeilThomas
CaulJamnickPappageorgeToy
CherryJansenPattersonVan Woerkom
Clark, I.JelinekPestkaVander Roest
Clarke, H.JellemaPriceVaughn
DanielsJohnson, RickPrusiVear
DeHartJohnson, RuthPumfordVoorhees
DennisJulianRaczkowskiWojno
DeRossettKellyRichardvilleWoodward
DeWeeseKilpatrickRichnerWoronchak

Ehardt Koetje

 

 

Nays--0

 

 

In The Chair: Patterson

 

 

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, Bradstreet, Cameron Brown, Cassis, Clark, Dennis, DeRossett, Frank, Gosselin, Hager, Hardman, Jacobs, Jansen, Kelly, Kilpatrick, Koetje, Kowall, Law, Neumann, Pappageorge, Raczkowski, Richner, Rivet, Rocca, Scott, Sheltrown, Shulman, Switalski, Toy, Van Woerkom, Vaughn, Voorhees and Woodward were named co-sponsors of the bill.

 

 

Second Reading of Bills

 

 

House Bill No. 4582, entitled

A bill to amend 1895 PA 3, entitled "The general law village act," by amending section 2 of chapter VI (MCL 66.2), as amended by 1996 PA 41.

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

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

Rep. Garcia 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. Byl 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. 4582, entitled

A bill to amend 1895 PA 3, entitled "The general law village act," by amending section 2 of chapter VI (MCL 66.2), as amended by 1996 PA 41.

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

 

 

Roll Call No. 335 Yeas--103

 

 
AllenEhardtKowallRivet
BairdFaunceKuipersRocca
BashamFrankKukukSanborn
BirkholzGarciaLaForgeSchauer
BisbeeGeigerLaSataScott
BishopGieleghemLawScranton
BogardusGilbertLemmonsShackleton
BovinGodchauxLockwoodSheltrown
BradstreetGosselinMansShulman
BraterHagerMartinezSpade
BrewerHaleMeadStallworth
Brown, B.HansenMiddaughStamas
Brown, C.HardmanMinoreSwitalski
BylHartMortimerTabor
CallahanHowellNeumannTesanovich
CassisJacobsO'NeilThomas
CaulJamnickPappageorgeToy
CherryJansenPattersonVan Woerkom
Clark, I.JelinekPerriconeVander Roest
Clarke, H.JellemaPestkaVaughn
DanielsJohnson, RickPriceVear
DeHartJohnson, RuthPrusiVoorhees
DennisJulianPumfordWojno
DeRossettKellyRaczkowskiWoodward
DeVuystKilpatrickRichardvilleWoronchak
DeWeeseKoetjeRichner

 

 

Nays--0

 

 

In The Chair: Patterson

 

 

The House agreed to the title of the bill.

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

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

Reps. Basham, Bishop, Caul, DeVuyst, Ehardt, Gilbert, Gosselin, Hager, Jelinek, Jellema, Koetje, Kowall, Kukuk, LaSata, Law, Lockwood, Pappageorge, Raczkowski, Richner, Rocca, Sanborn, Shackleton, Shulman, Toy, Van Woerkom, Vaughn, Vear, Voorhees and Woodward were named co-sponsors of the bill.

Second Reading of Bills

 

 

House Bill No. 4536, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," (MCL 750.1 to 750.568) by adding section 230a.

The bill was read a second time.

 

Rep. Brater moved to amend the bill as follows:

1. Amend page 2, line 6, by striking out all of enacting section 2.

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

Rep. Brater demanded the yeas and nays.

The demand was supported.

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

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

 

 

Roll Call No. 336 Yeas--37

 

 
BairdDennisKellyScott
BogardusGarzaKilpatrickScranton
BraterGieleghemLaForgeSpade
BrewerGodchauxLemmonsStallworth
BylHaleLockwoodSwitalski
CallahanHansenMartinezTesanovich
CherryHardmanMinoreThomas
Clark, I.JacobsPriceVaughn
Clarke, H.JamnickSchauerWoodward

Daniels

 

 

Nays--65

 

 
AllenFrankKuipersRichner
BashamGarciaKukukRivet
BirkholzGeigerLaSataRocca
BisbeeGilbertMeadSanborn
BishopGosselinMiddaughShackleton
BovinHagerMortimerSheltrown
BradstreetHartNeumannShulman
Brown, B.HowellO'NeilStamas
Brown, C.JansenPappageorgeTabor
CassisJelinekPattersonToy
CaulJellemaPerriconeVan Woerkom
DeHartJohnson, RickPestkaVander Roest
DeRossettJohnson, RuthPrusiVear
DeVuystJulianPumfordVoorhees
DeWeeseKoetjeRaczkowskiWojno
EhardtKowallRichardvilleWoronchak

Faunce

 

 

In The Chair: Patterson

 

 

Rep. Thomas moved to amend the bill as follows:

1. Amend page 1, line 6, after "person." by inserting "AS USED IN THIS SECTION, "REGISTERED" INCLUDES COMPLIANCE WITH 1927 PA 372, MCL 28.429, REGARDING SAFETY INSPECTION CERTIFICATES.".

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

Rep. Thomas demanded the yeas and nays.

The demand was supported.

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

Rep. Thomas moved that consideration of the bill be postponed temporarily.

The motion prevailed.

 

 

House Bill No. 4543, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending sections 233, 234d, 234e, 234f, 235, and 237 (MCL 750.233, 750.234d, 750.234e, 750.234f, 750.235, and 750.237), section 234d as amended by 1994 PA 158, section 234e as added by 1990 PA 321, and section 234f as amended by 1996 PA 80.

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

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

 

Rep. Brater moved to amend the bill as follows:

1. Amend page 13, line 18, by striking out all of enacting section 2.

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

Rep. Brater demanded the yeas and nays.

The demand was supported.

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

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

 

 

Roll Call No. 337 Yeas--35

 

 
BairdDanielsJamnickScranton
BogardusDennisKilpatrickSpade
BraterGarzaLaForgeStallworth
BrewerGieleghemLemmonsSwitalski
BylGodchauxLockwoodTesanovich
CallahanHaleMartinezThomas
CherryHansenMinoreVaughn
Clark, I.HardmanSchauerWoodward
Clarke, H.JacobsScott

 

 

Nays--64

 

 
AllenFaunceKuipersRichner
BashamFrankKukukRivet
BirkholzGarciaLaSataRocca
BisbeeGilbertLawSanborn
BishopGosselinMeadShackleton
BovinHagerMiddaughSheltrown
BradstreetHartMortimerShulman
Brown, B.HowellNeumannStamas
Brown, C.JansenO'NeilTabor
CassisJelinekPappageorgeToy
CaulJellemaPattersonVan Woerkom
DeHartJohnson, RickPerriconeVander Roest
DeRossettJohnson, RuthPestkaVear
DeVuystJulianPumfordVoorhees
DeWeeseKoetjeRaczkowskiWojno
EhardtKowallRichardvilleWoronchak

 

 

In The Chair: Patterson

Rep. Brater moved to amend the bill as follows:

1. Amend page 4, following line 27, by inserting:

"(I) A LIBRARY.".

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

Rep. Brater demanded the yeas and nays.

The demand was supported.

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

Rep. Basham moved that consideration of the amendment be postponed temporarily.

The motion prevailed.

 

Rep. Thomas moved to amend the bill as follows:

1. Amend page 5, line 6, by striking out all of subdivision (c) and relettering the remaining subdivisions.

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

Rep. Thomas demanded the yeas and nays.

The demand was supported.

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

Rep. Thomas moved that consideration of the amendment be postponed temporarily.

The motion prevailed.

 

Rep. Gieleghem moved to amend the bill as follows:

1. Amend page 11, line 11, by striking out all of subdivision (c) and relettering the remaining subdivisions.

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

Rep. Gieleghem demanded the yeas and nays.

The demand was supported.

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

 

Rep. Raczkowski moved that consideration of the bill be postponed for the day.

The motion prevailed.

 

 

______

 

 

Associate Speaker Pro Tempore Scranton assumed the Chair.

 

 

House Bill No. 4641, entitled

A bill to amend 1970 PA 202, entitled "Explosives act of 1970," by amending sections 5 and 15 (MCL 29.45 and 29.55).

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

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

Rep. Godchaux 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. Scott moved that Reps. Mans and O'Neil be excused from the balance of today's session.

The motion prevailed.

 

 

House Bill No. 4642, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 528a (MCL 750.528a), as added by 1986 PA 113.

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

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

Rep. Thomas 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. 4643, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending sections 209a and 212a (MCL 750.209a and 750.212a), as added by 1998 PA 206.

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

The substitute (H-1) 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.

 

 

______

 

 

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

 

Rep. Scott moved that Rep. Vaughn be excused from the balance of today's session.

The motion prevailed.

 

 

House Bill No. 4647, entitled

A bill to amend 1927 PA 372, entitled "An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms and gas ejecting devices; to prohibit the buying, selling, or carrying of certain firearms and gas ejecting devices without a license; to provide for the forfeiture of firearms possessed in violation of this act; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; and to repeal all acts and parts of acts inconsistent with the provisions of this act," by amending sections 2 and 6 (MCL 28.422 and 28.426), as amended by 1994 PA 338.

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

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

 

Rep. Bradstreet moved to amend the bill as follows:

1. Amend page 4, line 4, after "EMPLOYER" by inserting a comma and "OR IS OVER 18 YEARS OF AGE AND HAS EARNED AND RECEIVED A HIGH SCHOOL DIPLOMA OR ITS EQUIVALENT".

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

Rep. Cherry demanded the yeas and nays.

The demand was supported.

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

 

Rep. Raczkowski moved that consideration of the bill be postponed for the day.

The motion prevailed.

 

 

______

 

 

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. DeVuyst, Rivet, Tabor, Gosselin, Julian, Sheltrown, Garcia, Koetje, Schauer, Jelinek, Woronchak, Law, Mans, Howell, Richner, Van Woerkom, Patterson, Thomas, DeRossett, Voorhees, Faunce, Perricone, Kukuk, Jansen, Pappageorge, Bradstreet, Raczkowski, Kilpatrick and Birkholz offered the following resolution:

House Resolution No. 98.

A resolution to oppose the Kyoto Protocol on greenhouse gas emissions and to memorialize the United States Senate not to ratify the Kyoto Climate Treaty.

Whereas, The people of Michigan join other Americans in the concern that emissions of carbon dioxide and other greenhouse gases may pose a risk of adding to natural long-term changes in climate, such as warming of the Earth, shifts in climate patterns and weather conditions, and other atmospheric aberrations; and

Whereas, Scientists are continuing to investigate and debate the merits of existing evidence of climate change. Researchers are developing more information about the extent, causes, and solutions related to greenhouse gases; and

Whereas, Michigan's citizens want government leaders to seek affordable, effective ways to address climate change; and

Whereas, In July 1997, the United States Senate adopted Senate Resolution 98, which directs the United States not to adopt any agreement emerging from the Kyoto, Japan, summit on climate change that would commit this nation to limits or reductions in greenhouse gas emissions without also requiring commitments by developing nations or that would impose undue economic burdens on all Americans; and

Whereas, Despite well-documented uncertainties about the scientific basis of climate change and contrary to the directives contained in Senate Resolution 98, the United States signed the Kyoto Climate Treaty. This treaty, often referred to as the Kyoto Protocol, commits this nation to reducing its emissions of greenhouse gases to amounts that are seven percent below their 1990 levels between the years 2008 and 2012 (an amount requiring more than a 30 percent reduction in projected United States carbon emissions achieved by reductions in energy use). The treaty, however, exempts more than 130 developing nations from similar constraints; and

Whereas, Energy provides valuable services to citizens through the heating and cooling of homes, transportation, processing of fuel, and other services vital to our citizens' well-being and our security; and

Whereas, Achieving the Kyoto Protocol targets will not mitigate climate changes or its effects, but according to the United States Department of Energy's Energy Information Administration, it may cause the loss of 2.4 million jobs throughout most industry sectors and increase the price of electricity (up to 86%), gasoline (66 cents per gallon), fuel oil (76%), and natural gas (147%); and

Whereas, Studies by the Heartland Institute and the Sparks Companies show that the Kyoto Protocol would increase production costs and cut farmers' incomes by one-quarter to one-half. This would force many family farms out of business, reduce agricultural exports, and increase food prices, which would be especially detrimental to America's poorest families; and

Whereas, According to the United States Energy Information Administration, meeting the emissions reduction targets in the Kyoto Protocol could cost the average household in the United States $4,100 per year beginning in 2010 resulting from the increase in the price of utilities, fuel, and consumer goods and services. It is projected to cause the loss of 96,500 jobs in Michigan; and

Whereas, Other alternatives to reducing greenhouse gas emissions, such as research and development and voluntary emissions reduction programs, should be investigated and considered. It is vital to use a balanced approach to promoting economic progress and protecting the environment; now, therefore, be it

Resolved by the House of Representatives, That we oppose the provisions of the Kyoto Protocol and memorialize the United States Senate not to ratify the Kyoto Climate Treaty. We urge federal authorities to consider strategies to protect the environment that apply to all nations and encourage alternative, voluntary proposals to reduce greenhouse gases; and be it further

Resolved, That copies of this resolution be transmitted to the President of the United States, the President of the United States Senate, the Speaker of the United States House of Representatives, and the members of the Michigan congressional delegation.

The resolution was referred to the Committee on Conservation and Outdoor Recreation.

 

 

Messages from the Senate

 

 

House Concurrent Resolution No. 34.

A concurrent resolution to urge state government agencies to use bio-based products as a source of oil and diesel fuel whenever possible.

(For text of resolution, see House Journal No. 36, p. 677.)

The Senate has adopted the concurrent resolution and named Senators Rogers, Gougeon, McManus, McCotter, Gast, Steil, Hoffman, Bennett, Dunaskiss, Byrum and Shugars as co-sponsors.

The concurrent resolution was referred to the Clerk for record.

 

 

Notices

 

 

I hereby give notice that on the next legislative session day I will move to discharge the Committee on Insurance and Financial Services from further consideration of House Bill No. 4619.

Rep. Brewer

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, Tuesday, May 11:

Senate Bill Nos. 589 590 591 592 593 594 595 596 597 598

 

The Clerk announced the enrollment printing and presentation to the Governor on Wednesday, May 12, for his approval of the following bill:

Enrolled House Bill No. 4241 at 5:10 p.m.

 

 

Introduction of Bills

 

 

Reps. LaForge, Jacobs, Brater, Bogardus, Kelly, Bovin and Brewer introduced

House Bill No. 4671, entitled

A bill to create community conservation corps in certain communities; to provide for the approval of certain entities for participation in the community conservation corps; to identify funding sources; to provide for standards of operation; to provide certain remedies and sanctions under certain circumstances; and to provide for oversight by certain state departments and agencies.

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

 

 

Reps. LaForge, Jacobs, Brater, Bogardus, Kelly and Brewer introduced

House Bill No. 4672, entitled

A bill to amend 1939 PA 280, entitled "The social welfare act," by amending sections 57e and 57f (MCL 400.57e and 400.57f), as added by 1995 PA 223.

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

 

 

Reps. LaForge, Jacobs, Brater, Bogardus, Kelly, Bovin and Brewer introduced

House Bill No. 4673, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 1351a (MCL 380.1351a), as amended by 1997 PA 152.

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

 

 

Reps. Tabor, Sanborn, DeRossett, Rivet, Patterson, Pumford, Mead, Vear and Lemmons introduced

House Bill No. 4674, entitled

A bill to amend 1947 PA 359, entitled "The charter township act," by amending section 34 (MCL 42.34), as amended by 1984 PA 353.

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

 

 

Reps. O'Neil, Hale, Callahan, Lockwood, Switalski, Schauer, Jacobs, Lemmons, Schermesser, Kelly, Dennis, Woodward, DeHart, Baird, Quarles, Garza, Minore, Daniels, Spade and Bovin introduced

House Bill No. 4675, entitled

A bill to amend 1954 PA 116, entitled "Michigan election law," by amending section 792a (MCL 168.792a), as amended by 1996 PA 583.

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

 

 

Reps. DeVuyst, DeHart, Tabor, Gosselin, Garcia, Law and Scranton introduced

House Bill No. 4676, entitled

A bill to amend 1909 PA 278, entitled "The home rule village act," by amending sections 4 and 5 (MCL 78.4 and 78.5).

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

Reps. Sanborn, Lemmons, Tabor, DeRossett, DeHart, Jamnick, Pumford, DeWeese, Law, Rivet, Bradstreet, Patterson, DeVuyst, Mead, Vear, Garcia, Jansen and Cassis introduced

House Bill No. 4677, entitled

A bill to amend 1968 PA 191, entitled "An act to create a state boundary commission; to prescribe its powers and duties; to provide for municipal incorporation, consolidation, and annexation; to prescribe penalties and provide remedies; and to repeal acts and parts of acts," by amending section 11b (MCL 123.1011b), as added by 1982 PA 192.

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

 

 

Reps. Pumford, Sanborn, Mead, Tabor, Patterson, Vear, Vander Roest, Ehardt, Bradstreet, Rivet and Garcia introduced

House Bill No. 4678, entitled

A bill to amend 1846 RS 16, entitled "Of the powers and duties of townships, the election and duties of township officers, and the division of townships," (MCL 41.1a to 41.110c) by adding section 104b.

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

 

 

Reps. Basham, Brater, Stallworth, Hale, Reeves, Rivet, Hardman, Schermesser, DeHart and Lemmons introduced

House Bill No. 4679, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," (MCL 500.100 to 500.8302) by adding chapter 3.

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

 

 

Reps. Basham, Brater, Stallworth, Hale, Pestka, Rivet, Hardman, Schermesser, DeHart and Lemmons introduced

House Bill No. 4680, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," (MCL 500.100 to 500.8302) by adding section 2128.

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

 

 

Reps. Basham, Schermesser, Switalski, Martinez, Brater, Stallworth, Hale, Reeves, Rivet, Pestka, Hardman, DeHart and Lemmons introduced

House Bill No. 4681, entitled

A bill to amend 1969 PA 317, entitled "Worker's disability compensation act of 1969," by amending section 357 (MCL 418.357), as amended by 1982 PA 32.

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

 

 

Reps. Dennis, Woodward, Thomas, Jacobs, DeHart, Hale, Van Woerkom, Rivet, Martinez, LaForge, Brater, Wojno, Baird and Minore introduced

House Bill No. 4682, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 61505a.

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

 

By unanimous consent the House returned to the order of

Reports of Standing Committees

 

 

The Committee on Appropriations, by Rep. Geiger, Chair, reported

House Bill No. 4065, entitled

A bill to make appropriations for the department of consumer and industry services and certain other state purposes for the fiscal year ending September 30, 2000; to provide for the expenditure of the appropriations; and to provide for the disposition of fees and other income received by the state agencies.

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 4065 To Report Out:

Yeas: Reps. Geiger, Jellema, Cameron Brown, Byl, Caul, Godchaux, Jansen, Jelinek, Kukuk, LaSata, Mead, Mortimer, Pappageorge, Pumford, Scranton, Stamas, Toy,

Nays: Reps. Clarke, Stallworth.

 

 

The Committee on Appropriations, by Rep. Geiger, Chair, reported

House Bill No. 4498, entitled

A bill to amend 1979 PA 94, entitled "The state school aid act of 1979," by amending sections 3, 4, 6, 6b, 8, 8a, 11, 11g, 13, 14, 15, 17a, 17b, 18, 18a, 19, 20, 20b, 24, 25, 25a, 26a, 31a, 31c, 36, 36a, 37, 38, 39, 40, 41, 51a, 52, 53a, 54, 56, 57, 61a, 62, 63, 67, 68, 74, 81, 91b, 94, 99, 101, 102, 104a, 105, 107, 109, 118, 124, 147, 151, 152, 158, 158b, 161a, 163, 165, 166b, 167, 168, 169, and 169a, (MCL 388.1603, 388.1604, 388.1606, 388.1606b, 388.1608, 388.1608a, 388.1611, 388.1611g, 388.1613, 388.1614, 388.1615, 388.1617a, 388.1617b, 388.1618, 388.1618a, 388.1619, 388.1620, 388.1620b, 388.1624, 388.1625, 388.1625a, 388.1626a, 388.1631a, 388.1631c, 388.1636, 388.1636c, 388.1637, 388.1638, 388.1639, 388.1640, 388.1641, 388.1651a, 388.1652, 388.1653a, 388.1654, 388.1656, 388.1657, 388.1661a, 388.1662, 388.1663, 388.1667, 388.1668, 388.1674, 388.1681, 388.1691b, 388.1694, 388.1699, 388.1701, 388.1702, 388.1704a, 388.1705, 388.1707, 388.1709, 388.1718, 388.1724, 388.1747, 388.1751, 388.1752, 388.1758, 388.1758b, 388.1761a, 388.1763, 388.1765, 388.1766b, 388.1767, 388.1768, 388.1769, and 388.1769a), sections 6, 11, 11g, 17b, 20, 20b, 26a, 31a, 51a, 63, 81, and 105 as amended by 1998 PA 553, and sections 25a and 161a as added by 1998 PA 553, and sections 8a, 24, 31c, 36, 36a, 41, 53a, 54, 56, 57, 61a, 62, 68, 74, 94, 99, 101, 107, 147, and 166b as amended by 1998 PA 339, and section 165 as added by 1998 PA 339, and section 104a as amended by 1997 PA 176, and sections 8, 39 and 67 as amended by 1997 PA 142, and sections 3, 25, 52, 124, 151, 167, and 169a as amended by 1997 PA 93, and section 6b as added by 1997 PA 24, and sections 13, 15, 17a, 18, 18a, 19, 37, 38, 102, and 163 as amended by 1996 PA 300, and section 169 as added by 1996 PA 300, and section 4 as amended by 1995 PA 130, and sections 91b and 118 as added by 1995 PA 130, and section 109 as amended by 1994 PA 283, and section 158b as added by 1994 PA 283, and section 14 as amended by 1993 PA 336, and section 152 as amended by 1993 PA 175, and section 168 as added by 1993 PA 175, and section 40 as amended by 1991 PA 118, and section 158 as amended by 1990 PA 207, and by adding sections 105c and 166c; and to repeal acts and parts of acts.

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 4498 To Report Out:

Yeas: Reps. Geiger, Jellema, Cameron Brown, Byl, Caul, Godchaux, Jansen, Jelinek, Kukuk, LaSata, Mead, Mortimer, Pappageorge, Pumford, Scranton, Stamas, Toy, Price, Cherry, Clarke, Frank, Kelly, Martinez, Pestka, Prusi, Stallworth, Tesanovich,

Nays: None.

 

 

COMMITTEE ATTENDANCE REPORT

 

The following report, submitted by Rep. Geiger, Chair of the Committee on Appropriations, was received and read:

Meeting held on: Wednesday, May 12, 1999, at 5:00 p.m.,

Present: Reps. Geiger, Jellema, Cameron Brown, Byl, Caul, Godchaux, Jansen, Jelinek, Kukuk, LaSata, Mead, Mortimer, Pappageorge, Pumford, Scranton, Stamas, Toy, Price, Cherry, Clarke, Frank, Kelly, Martinez, Pestka, Prusi, Stallworth, Tesanovich.

 

 

The Committee on Family and Civil Law, by Rep. Richner, Chair, reported

House Bill No. 4618, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 2441 (MCL 600.2441).

With the recommendation that the substitute (H-2) be adopted and that the bill then pass.

The bill and substitute were referred to the order of Second Reading of Bills.

Favorable Roll Call

 

HB 4618 To Report Out:

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

Nays: None.

 

 

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, May 13, 1999, at 9:00 a.m.,

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

Absent: Rep. Schermesser,

Excused: Rep. Schermesser.

 

 

The Committee on Local Government and Urban Policy, by Rep. Birkholz, Chair, reported

House Bill No. 4473, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending sections 7011 and 7060 (MCL 500.7011 and 500.7060), as added by 1986 PA 121.

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 4473 To Report Out:

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

Nays: None.

 

 

The Committee on Local Government and Urban Policy, by Rep. Birkholz, Chair, reported

Senate Bill No. 151, entitled

A bill to amend 1951 PA 35, entitled "An act to authorize intergovernmental contracts between municipal corporations; to authorize any municipal corporation to contract with any person or any municipal corporation to furnish any lawful municipal service to property outside the corporate limits of the first municipal corporation for a consideration; to prescribe certain penalties; to authorize contracts between municipal corporations and with certain nonprofit public transportation corporations to form group self-insurance pools; and to prescribe conditions for the performance of those contracts," by amending section 5 (MCL 124.5), as amended by 1988 PA 36.

With the recommendation that the bill pass.

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

 

 

Favorable Roll Call

 

SB 151 To Report Out:

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

Nays: None.

 

 

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, May 13, 1999, at 9:00 a.m.,

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

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

House Bill No. 4420, entitled

A bill to amend 1963 PA 17, entitled "An act to relieve certain persons from civil liability when rendering emergency care, when rendering care to persons involved in competitive sports under certain circumstances, or when participating in a mass immunization program approved by the department of public health," by amending section 4 (MCL 691.1504), as added by 1986 PA 21.

With the recommendation that the substitute (H-3) 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 4420 To Report Out:

Yeas: Reps. Law, DeWeese, DeRossett, Ehardt, Gosselin, Ruth Johnson, Rocca, Vear, Schauer, Baird, 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, May 13, 1999, at 10:30 a.m.,

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

Absent: Reps. Green, Raczkowski,

Excused: Reps. Green, Raczkowski.

 

 

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

House Bill No. 4530, entitled

A bill to amend 1927 PA 372, entitled "An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms and gas ejecting devices; to prohibit the buying, selling, or carrying of certain firearms and gas ejecting devices without a license; to provide for the forfeiture of firearms possessed in violation of this act; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; and to repeal all acts and parts of acts inconsistent with the provisions of this act," by amending the title and sections 1, 8, 12, 12a, and 14 (MCL 28.421, 28.428, 28.432, 28.432a, and 28.434), the title as amended by 1990 PA 320 and section 1 as amended by 1992 PA 219, and by adding sections 1a, 2a, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5h, 5i, 5j, 5k, 5l, 5m, and 5n; and to repeal acts and parts of acts.

With the recommendation that the substitute (H-2) be adopted and that the bill then pass.

The bill and substitute were referred to the order of Second Reading of Bills.

 

 

Favorable Roll Call

 

HB 4530 To Report Out:

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

Nays: Reps. Brater, Gieleghem, Mans.

 

 

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

House Bill No. 4532, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 231a (MCL 750.231a).

With the recommendation that the bill pass.

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

 

 

Favorable Roll Call

 

HB 4532 To Report Out:

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

Nays: Rep. Brater.

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

House Bill No. 4533, entitled

A bill to amend 1927 PA 372, entitled "An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms and gas ejecting devices; to prohibit the buying, selling, or carrying of certain firearms and gas ejecting devices without a license; to provide for the forfeiture of firearms possessed in violation of this act; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; and to repeal all acts and parts of acts inconsistent with the provisions of this act," (MCL 28.421 to 28.434) by amending the title, as amended by 1990 PA 320, and by adding section 1b.

With the recommendation that the bill pass.

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

 

 

Favorable Roll Call

 

HB 4533 To Report Out:

Yeas: Reps. DeVuyst, Tabor, Ruth Johnson, Kowall, Middaugh, Patterson, Sanborn, Sheltrown,

Nays: Rep. Callahan.

 

 

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

House Bill No. 4534, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 239 (MCL 750.239).

With the recommendation that the bill pass.

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

 

 

Favorable Roll Call

 

HB 4534 To Report Out:

Yeas: Reps. DeVuyst, Tabor, Ruth Johnson, Kowall, Middaugh, Patterson, Sanborn, Callahan, Sheltrown,

Nays: None.

 

 

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

House Bill No. 4535, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 239 (MCL 750.239).

With the recommendation that the bill pass.

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

 

 

Favorable Roll Call

 

HB 4535 To Report Out:

Yeas: Reps. DeVuyst, Tabor, Ruth Johnson, Kowall, Middaugh, Patterson, Sanborn, Callahan, Sheltrown,

Nays: None.

 

 

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

House Bill No. 4537, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 43513 (MCL 324.43513), as amended by 1998 PA 129.

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 4537 To Report Out:

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

Nays: Rep. Brater.

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

House Bill No. 4538, entitled

A bill to amend 1976 PA 267, entitled "Open meetings act," by amending section 8 (MCL 15.268), as amended by 1996 PA 464.

With the recommendation that the bill pass.

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

 

 

Favorable Roll Call

 

HB 4538 To Report Out:

Yeas: Reps. DeVuyst, Tabor, DeRossett, Ruth Johnson, Kowall, Middaugh, Sanborn, Basham, Mans, Sheltrown,

Nays: Rep. Brater.

 

 

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

House Bill No. 4545, entitled

A bill to amend 1976 PA 442, entitled "Freedom of information act," by amending section 13 (MCL 15.243), as amended by 1996 PA 553.

With the recommendation that the bill pass.

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

 

 

Favorable Roll Call

 

HB 4545 To Report Out:

Yeas: Reps. DeVuyst, DeRossett, Kowall, Middaugh, Sanborn, Basham, Mans, Sheltrown,

Nays: Reps. Ruth Johnson, Callahan, Brater, Gieleghem.

 

 

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, May 13, 1999, at 8:00 a.m.,

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

Absent: Rep. Green,

Excused: Rep. Green.

 

 

COMMITTEE ATTENDANCE REPORT

 

The following report, submitted by Rep. Allen, Chair of the Committee on Education, was received and read:

Meeting held on: Wednesday, May 12, 1999, at 5:04 p.m.,

Present: Reps. Allen, Bradstreet, DeWeese, Hager, Hart, Rick Johnson, Van Woerkom, Voorhees, Bogardus, Gieleghem, Hansen, Spade,

Absent: Reps. Ruth Johnson, Kuipers, Clark, Daniels, Scott,

Excused: Reps. Ruth Johnson, Kuipers, Clark, Daniels, Scott.

 

 

______

 

 

Rep. Pestka moved that the House adjourn.

The motion prevailed, the time being 8:30 p.m.

 

 

Associate Speaker Pro Tempore Scranton declared the House adjourned until Tuesday, May 18, at 2:00 p.m.

 

 

GARY L. RANDALL

Clerk of the House of Representatives.