No. 26
STATE OF MICHIGAN
JOURNAL
OF THE
House of Representatives
90th Legislature
REGULAR SESSION OF 2000
House Chamber, Lansing, Tuesday, March 21, 2000.
12:00 Noon.
The House was called to order by the Speaker Pro Tempore.
The roll was called by the Clerk of the House of Representatives, who announced that a quorum was present.
Allen--present
Baird--present
Basham--present
Birkholz--present
Bisbee--present
Bishop--present
Bogardus--present
Bovin--present
Bradstreet--present
Brater--present
Brewer--present
Brown, Bob--present
Brown, Cameron--present
Byl--present
Callahan--present
Cassis--present
Caul--present
Cherry--present
Clark--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--e/d/s
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--e/d/s
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
Rep. Deborah Cherry, from the 50th District, offered the following invocation:
"Dear Lord, as we begin session today, let us pause to thank You for today and for bringing us all together. Guide us as we begin our deliberations and fill us with Your love and understanding. Let us remember that we are here to fulfill Your purpose and help us to put the welfare of the people of Michigan--especially our children--foremost in our hearts and minds.
As we get close to finishing our work before we go on Spring break, help us to act with patience and respect for our colleagues. And, Lord, if possible, let us make our decisions during the day, fully alert and under the public eye. In other words, Lord, guide the leaders of this chamber to remember that to make good decisions we will need some sleep! Thank You, Lord, and bless us on this beautiful Spring day. Amen."
______
Rep. Scott moved that Reps. Rison and Schermesser be excused from today's session.
The motion prevailed.
Second Reading of Bills
House Bill No. 5124, entitled
A bill to amend 1980 PA 299, entitled "Occupational code," by amending section 303a (MCL 339.303a), as amended by 1995 PA 183, and by adding article 17A.
Was read a second time, and the question being on the adoption of the proposed substitute (H-4) previously recommended by the Committee on Constitutional Law and Ethics,
The substitute (H-4) was adopted, a majority of the members serving voting therefor.
Rep. Brater moved to amend the bill as follows:
1. Amend page 1, following "THE PEOPLE OF THE STATE OF MICHIGAN ENACT:" by inserting:
"SEC. 106. THE DEPARTMENT SHALL INCREASE THE NUMBER OF FULL-TIME INSPECTORS OF DAY CARE CENTERS, AS THAT TERM IS DEFINED IN SECTION 1 OF 1973 PA 116, MCL 722.1, BY 10 IN EACH OF THE NEXT 3 FISCAL YEARS BEGINNING ON THE EFFECTIVE DATE OF THE AMENDATORY ACT THAT ADDED THIS SECTION.".
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,
Point of Order
Rep. Raczkowski requested a ruling from the Chair regarding the germaneness of the amendment offered by Rep. Brater.
The Chair ruled that the amendment is not germane pursuant to House Rule 64. The amendment introduces a new proposition which is not germane to the subject matter of the bill as it was originally introduced and as it is currently before the House.
Rep. Kilpatrick appealed the decision of the Chair.
The question being, "Shall the judgment of the Chair stand as the judgment of the House?"
The judgment of the Chair stood as the judgment of the House, a majority of the members present and voting, voting therefor, by yeas and nays, as follows:
Roll Call No. 145 Yeas--58
Allen Geiger Kowall Richner
Birkholz Gilbert Kuipers Rocca
Bisbee Godchaux Kukuk Sanborn
Bishop Gosselin LaSata Scranton
Bradstreet Green Law Shackleton
Brown, C. Hager Mead Shulman
Byl Hart Middaugh Stamas
Cassis Howell Mortimer Tabor
Caul Jansen Pappageorge Toy
DeRossett Jelinek Patterson Van Woerkom
DeVuyst Jellema Perricone Vander Roest
DeWeese Johnson, Rick Pumford Vear
Ehardt Johnson, Ruth Raczkowski Voorhees
Faunce Julian Richardville Woronchak
Garcia Koetje
Nays--46
Baird Dennis Lemmons Rivet
Basham Frank Lockwood Schauer
Bogardus Garza Martinez Scott
Bovin Gieleghem Minore Sheltrown
Brater Hale Neumann Spade
Brewer Hanley O'Neil Stallworth
Brown, B. Hansen Pestka Switalski
Callahan Jacobs Price Tesanovich
Cherry Jamnick Prusi Thomas
Clark, I. Kelly Quarles Vaughn
Daniels Kilpatrick Reeves Wojno
DeHart LaForge
In The Chair: Birkholz
______
Rep. Mans entered the House Chambers.
Rep. Scott moved that Rep. Prusi be excused temporarily from today's session.
The motion prevailed.
Rep. Brater moved to amend the bill as follows:
1. Amend page 1, following "THE PEOPLE OF THE STATE OF MICHIGAN ENACT:" by inserting:
"SEC. 108. THE DEPARTMENT SHALL INCREASE THE NUMBER OF FULL-TIME EMPLOYEES CONDUCTING INSPECTIONS, AS THAT TERM IS DEFINED IN SECTION 5 OF THE MICHIGAN OCCUPATIONAL SAFETY AND HEALTH ACT, 1986 PA 147, MCL 408.1005, BY 10 IN EACH OF THE NEXT 3 FISCAL YEARS.".
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,
Point of Order
Rep. Raczkowski requested a ruling from the Chair regarding the germaneness of the amendment offered by Rep. Brater.
The Chair ruled that the amendment is not germane pursuant to House Rule 64. The amendment introduces a new proposition which is not germane to the subject matter of the bill as it was originally introduced and as it is currently before the House.
Rep. Kilpatrick appealed the decision of the Chair.
The question being, "Shall the judgment of the Chair stand as the judgment of the House?"
The judgment of the Chair stood as the judgment of the House, a majority of the members present and voting, voting therefor, by yeas and nays, as follows:
Roll Call No. 146 Yeas--58
Allen Geiger Kowall Richner
Birkholz Gilbert Kuipers Rocca
Bisbee Godchaux Kukuk Sanborn
Bishop Gosselin LaSata Scranton
Bradstreet Green Law Shackleton
Brown, C. Hager Mead Shulman
Byl Hart Middaugh Stamas
Cassis Howell Mortimer Tabor
Caul Jansen Pappageorge Toy
DeRossett Jelinek Patterson Van Woerkom
DeVuyst Jellema Perricone Vander Roest
DeWeese Johnson, Rick Pumford Vear
Ehardt Johnson, Ruth Raczkowski Voorhees
Faunce Julian Richardville Woronchak
Garcia Koetje
Nays--48
Baird DeHart LaForge Rivet
Basham Dennis Lemmons Schauer
Bogardus Frank Lockwood Scott
Bovin Garza Mans Sheltrown
Brater Gieleghem Martinez Spade
Brewer Hale Minore Stallworth
Brown, B. Hanley Neumann Switalski
Callahan Hansen O'Neil Tesanovich
Cherry Jacobs Pestka Thomas
Clark, I. Jamnick Price Vaughn
Clarke, H. Kelly Quarles Wojno
Daniels Kilpatrick Reeves Woodward
In The Chair: Birkholz
Rep. Lemmons moved to amend the bill as follows:
1. Amend page 2, line 14, after "FOLLOWING" by inserting "BUT DOES NOT INCLUDE AN ESTABLISHMENT LICENSED TO SELL ALCOHOLIC LIQUOR FOR CONSUMPTION ON THE PREMISES UNDER THE LIQUOR CONTROL CODE OF 1998, 1998 PA 58, MCL 436.1101 TO 436.2303".
The question being on the adoption of the amendment offered by Rep. Lemmons,
Rep. Lemmons demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Lemmons,
The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 147 Yeas--35
Baird DeHart Kilpatrick Quarles
Bogardus Dennis LaForge Rivet
Bovin Garza Lemmons Scott
Brater Hale Lockwood Stallworth
Brewer Hanley Mans Switalski
Cherry Hansen Martinez Tesanovich
Clark, I. Jacobs Minore Thomas
Clarke, H. Jamnick Price Vaughn
Daniels Kelly Prusi
Nays--70
Allen Gieleghem LaSata Sanborn
Basham Gilbert Law Schauer
Birkholz Godchaux Mead Scranton
Bisbee Gosselin Middaugh Shackleton
Bishop Green Mortimer Sheltrown
Bradstreet Hager Neumann Shulman
Brown, B. Hart O'Neil Spade
Brown, C. Howell Pappageorge Stamas
Byl Jansen Patterson Tabor
Cassis Jelinek Perricone Toy
Caul Jellema Pestka Van Woerkom
DeRossett Johnson, Rick Pumford Vander Roest
DeVuyst Johnson, Ruth Raczkowski Vear
DeWeese Julian Reeves Voorhees
Ehardt Koetje Richardville Wojno
Faunce Kowall Richner Woodward
Garcia Kuipers Rocca Woronchak
Geiger Kukuk
In The Chair: Birkholz
Rep. Bishop 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. 5124, entitled
A bill to amend 1980 PA 299, entitled "Occupational code," by amending section 303a (MCL 339.303a), as amended by 1995 PA 183, and by adding article 17A.
The bill was read a third time.
The question being on the passage of the bill,
After debate,
Rep. Frank demanded the previous question.
The demand was supported.
The question being, "Shall the main question now be put?"
The previous question was ordered.
The question being on the passage of the bill,
The bill was then passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 148 Yeas--92
Allen Faunce Kelly Reeves
Basham Frank Koetje Richardville
Birkholz Garcia Kowall Richner
Bisbee Garza Kuipers Rivet
Bishop Geiger Kukuk Rocca
Bogardus Gieleghem LaForge Sanborn
Bovin Gilbert LaSata Schauer
Bradstreet Godchaux Law Shackleton
Brown, B. Gosselin Lockwood Sheltrown
Brown, C. Green Mans Shulman
Byl Hager Mead Spade
Callahan Hale Middaugh Stamas
Cassis Hanley Mortimer Switalski
Caul Hansen Neumann Tabor
Cherry Hart O'Neil Thomas
Clark, I. Howell Pappageorge Toy
Clarke, H. Jamnick Patterson Van Woerkom
DeHart Jansen Perricone Vander Roest
Dennis Jelinek Pestka Vear
DeRossett Jellema Price Voorhees
DeVuyst Johnson, Rick Pumford Wojno
DeWeese Johnson, Ruth Quarles Woodward
Ehardt Julian Raczkowski Woronchak
Nays--13
Baird Jacobs Martinez Scott
Brater Kilpatrick Minore Tesanovich
Brewer Lemmons Prusi Vaughn
Daniels
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 1980 PA 299, entitled "Occupational code," (MCL 339.101 to 339.2721) by adding article 17A.
The motion prevailed.
The House agreed to the title as amended.
Reps. Allen, Basham, Birkholz, Bradstreet, Cameron Brown, Callahan, Cassis, Caul, DeHart, DeRossett, DeVuyst, DeWeese, Ehardt, Gosselin, Green, Howell, Jansen, Jelinek, Rick Johnson, Ruth Johnson, Koetje, Kuipers, Kukuk, Law, Mans, Mead, Mortimer, O'Neil, Pappageorge, Patterson, Pumford, Sanborn, Scranton, Shackleton, Sheltrown, Shulman, Tabor, Van Woerkom, Vander Roest, Vear, Voorhees and Wojno were named co-sponsors of the bill.
______
Rep. Stallworth, under Rule 32(b), made the following statement:
"Mr. Speaker and members of the House:
According to House Rule No. 32(b) I am required to abstain from this vote as creditor of affected businesses."
Rep. Minore, having reserved the right to explain his protest against the passage of the bill, made the following statement:
"Mr. Speaker and members of the House:
This bill (and the package of which it is a part) represents the extreme in hypocrisy.
In an era of downsizing government, these bills dramatically increase government regulation.
In an era of letting the free market move, these bills imposes a whole new set of business regulations. While professing to offer a narrow set of rules, these bills open the possibility that any business with any adult film or magazine; any theater showing any "R" rated film would be subject to complaints and investigation of the '10% rule.'
In an era of devolution and taking government to its most local level, these bills impose state-wide licensure (and local governments can regulate such businesses!)
I stress that I am not a consumer of adult entertainment; and I suspect that the entertainment offered is both tacky and tasteless - as well as degrading to women.
I oppose this package of bills because of fiduciary responsibility and fiscal conservatism.
These bills will require either many additional inspectors; or that the current inspectors ignore current responsibilities in inspecting critical services such as child care, group homes and nursing homes. Important services now regulated and inspected would be ignored in favor of the political considerations inherent in this package of bills."
Rep. Baird, having reserved the right to explain her protest against the passage of the bill, made the following statement:
"Mr. Speaker and members of the House:
The bill is unconstitutional and will embroil the State of Michigan in protracted and costly litigation.
It asks state employees to enter adult entertainment establishments to inspect them while at the same time, that same state agency has insufficient personnel to inspect child care centers, work sites, nursing homes and homes for persons with developmental disabilities."
Rep. Martinez, having reserved the right to explain her protest against the passage of the bill, made the following statement:
"Mr. Speaker and members of the House:
I voted against this bill because I believe certain sections violate the constitutional protections of free speech. This bill goes too far in licensing and regulating bookstores and movie theaters."
Rep. Daniels, having reserved the right to explain his protest against the passage of the bill, made the following statement:
"Mr. Speaker and members of the House:
I voted no on House Bill 5124 for a number of reasons. First and foremost because there are many other industries such as day care and nursing homes that aren't properly regulated to begin with. When various state agencies have been unable to enforce laws already on the books for these other industries, how we can expect to the state to property regulate another industry. There has yet to be any fiscal analysis on how much HB 5124 will cost and whether or not state employees currently regulating other industries will be transferred.
The bill also has several constitutional questions and may not survive first amendment challenges which will surely be brought.
It is for these reasons that I voted no on House Bill 5124."
Rep. Lemmons, having reserved the right to explain his protest against the passage of the bill, made the following statement:
"Mr. Speaker and members of the House:
At a time when the State of Michigan does not provide adequate inspections and oversight of nursing homes which house our senior citizens and daycare centers and occupational safety. How in good conscience can we spend money to regulate an industry that is already over regulate? It is wasteful spending and duplication of efforts."
Rep. Vaughn, having reserved the right to explain his protest against the passage of the bill, made the following statement:
"Mr. Speaker and members of the House:
I'm voting no on HB5124 because this bill and all the bills in the adult entertainment package is plain and simple a 'witch hunt.' This is the same kind of witch hunt we saw in Salem, MA., lynching of mainly African-American men across America, and the latest witch hunt: finding persons to jail (mainly minorities) so the Prison-Industrial Complex remains healthy.
I believe adult entertainment should be tightly regulated and we have laws on the books to do just that, but they are not being enforced. Now this body wishes to add more bureaucratic regulators that we all know will not be enforced.
We can't talk about more regulators here when there is a shortage of childcare workers, mental health workers and facilities, adult care workers, and just about every other humane function this state engages in. This bill and all the bills in this package have a strange birth origin. Strange people are promoting this bill and this entire adult entertainment package. While there are some aspects of this bill that muster constitutional challenge I believe the overall bill will not. For this and other reasons I am voting no."
Second Reading of Bills
House Bill No. 5126, entitled
A bill to amend 1980 PA 299, entitled "Occupational code," (MCL 339.101 to 339.2721) by adding article 17A.
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. Bradstreet moved to amend the bill as follows:
1. Amend page 3, following line 13, by inserting:
"(D) PURSUANT TO SUBSECTION (4).
(4) AN APPLICANT OR LICENSEE MAY EXECUTE AND DELIVER A CONSENT, IN A FORM ACCEPTABLE TO THE DEPARTMENT AND THE LIQUOR CONTROL COMMISSION, TO 1 OR BOTH OF THE FOLLOWING DISCLOSURES:
(A) THE DISCLOSURE TO THE DEPARTMENT OF ANY RECORDS OR INFORMATION OBTAINED BY OR DISCLOSED TO THE LIQUOR CONTROL COMMISSION IN CONNECTION WITH ANY PAST OR PENDING APPLICATION OF THE APPLICANT OR LICENSEE FOR A CLASS C LICENSE, A TOPLESS ACTIVITY PERMIT, OR A TOPLESS ACTIVITY-ENTERTAINMENT PERMIT UNDER THE LIQUOR CONTROL CODE OF 1998, 1998 PA 58, MCL 436.1101 TO 436.2303. THE DEPARTMENT SHALL CONSIDER ANY INFORMATION OR RECORDS PROVIDED PURSUANT TO THIS SUBDIVISION AS INFORMATION OR RECORDS PROVIDED BY THE APPLICANT OR LICENSEE FOR PURPOSES OF ANY PENDING OR FUTURE APPLICATION FOR LICENSE OR LICENSE RENEWAL UNDER THIS ARTICLE.
(B) THE DISCLOSURE TO THE LIQUOR CONTROL COMMISSION OF ANY RECORDS OR INFORMATION OBTAINED BY OR DISCLOSED TO THE DEPARTMENT IN CONNECTION WITH ANY PAST OR PRESENT APPLICATION FOR LICENSE OR LICENSE RENEWAL UNDER THIS ARTICLE. THE LIQUOR CONTROL COMMISSION SHALL CONSIDER ANY INFORMATION OR RECORDS PROVIDED PURSUANT TO THIS SUBDIVISION AS INFORMATION OR RECORDS PROVIDED BY THE APPLICANT OR LICENSEE FOR PURPOSES OF ANY PENDING OR FUTURE APPLICATION FOR A CLASS C LICENSE OR A TOPLESS ACTIVITY OR TOPLESS ACTIVITY-ENTERTAINMENT PERMIT UNDER THE LIQUOR CONTROL CODE OF 1998, 1998 PA 58, MCL 436.1101 TO 436.2303.".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Bob Brown moved to amend the bill as follows:
1. Amend page 4, line 21, after "WITHIN" by striking out "1,500 FEET OF" and inserting "3,000 FEET OF AN AREA ZONED AS RESIDENTIAL BY AN APPLICABLE ZONING ORDINANCE,".
The question being on the adoption of the amendment offered by Rep. Bob Brown,
Rep. Bob Brown demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Bob Brown,
The amendment was adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 149 Yeas--106
Allen Faunce Kowall Richardville
Baird Frank Kuipers Richner
Basham Garcia Kukuk Rivet
Birkholz Garza LaForge Rocca
Bisbee Geiger LaSata Sanborn
Bishop Gieleghem Law Schauer
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 Stamas
Byl Hansen Mortimer Switalski
Callahan Hart Neumann Tabor
Cassis Howell O'Neil Tesanovich
Caul Jacobs Pappageorge Thomas
Cherry Jamnick Patterson Toy
Clark, I. Jansen Perricone Van Woerkom
Clarke, H. Jelinek Pestka Vander Roest
Daniels Jellema Price Vaughn
DeHart Johnson, Rick Prusi Vear
Dennis Johnson, Ruth Pumford Voorhees
DeRossett Julian Quarles Wojno
DeVuyst Kelly Raczkowski Woodward
DeWeese Kilpatrick Reeves Woronchak
Ehardt Koetje
Nays--0
In The Chair: Birkholz
Rep. Kukuk 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. 5126, entitled
A bill to amend 1980 PA 299, entitled "Occupational code," (MCL 339.101 to 339.2721) by adding article 17A.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 150 Yeas--103
Allen Faunce Kowall Richner
Baird Frank Kuipers Rivet
Basham Garcia Kukuk Rocca
Birkholz Garza LaForge Sanborn
Bisbee Geiger LaSata Schauer
Bishop Gieleghem Law Scott
Bogardus Gilbert Lemmons Scranton
Bovin Godchaux Lockwood Shackleton
Bradstreet Gosselin Mans Sheltrown
Brewer Green Martinez Shulman
Brown, B. Hager Mead Spade
Brown, C. Hale Middaugh Stamas
Byl Hanley Mortimer Switalski
Callahan Hansen Neumann Tabor
Cassis Hart O'Neil Tesanovich
Caul Howell Pappageorge Thomas
Cherry Jacobs Patterson Toy
Clark, I. Jansen Perricone Van Woerkom
Clarke, H. Jelinek Pestka Vander Roest
Daniels Jellema Price Vaughn
DeHart Johnson, Rick Prusi Vear
Dennis Johnson, Ruth Pumford Voorhees
DeRossett Julian Quarles Wojno
DeVuyst Kelly Raczkowski Woodward
DeWeese Kilpatrick Reeves Woronchak
Ehardt Koetje Richardville
Nays--1
Brater
In The Chair: Birkholz
The House agreed to the title of the bill.
Reps. Allen, Basham, Birkholz, Bishop, Bradstreet, Brewer, Cameron Brown, Callahan, Cassis, Caul, DeHart, DeWeese, Ehardt, Gosselin, Green, Howell, Jansen, Jelinek, Ruth Johnson, Koetje, Kuipers, LaSata, Law, Mans, Mead, O'Neil, Patterson, Pumford, Sanborn, Shackleton, Sheltrown, Shulman, Tabor, Toy, Van Woerkom, Vander Roest, Vear, Voorhees and Wojno were named co-sponsors of the bill.
Second Reading of Bills
House Bill No. 5131, entitled
A bill to amend 1980 PA 299, entitled "Occupational code," (MCL 339.101 to 339.2721) by adding article 17A.
The bill was read a second time.
Rep. LaSata moved to amend the bill as follows:
1. Amend page 2, line 12, after "OF" by striking out "A MASSAGE" and inserting "AN ADULT ENTERTAINMENT".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. LaSata 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. 5131, entitled
A bill to amend 1980 PA 299, entitled "Occupational code," (MCL 339.101 to 339.2721) by adding article 17A.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 151 Yeas--103
Allen Faunce Koetje Reeves
Baird Frank Kowall Richardville
Basham Garcia Kuipers Richner
Birkholz Garza Kukuk Rivet
Bisbee Geiger LaForge Rocca
Bishop Gieleghem LaSata Sanborn
Bogardus Gilbert Law Schauer
Bovin Godchaux Lemmons Scranton
Bradstreet Gosselin Lockwood Shackleton
Brewer Green Mans Sheltrown
Brown, B. Hager Martinez Shulman
Brown, C. Hale Mead Spade
Byl Hanley Middaugh Stamas
Callahan Hansen Minore Switalski
Cassis Hart Mortimer Tabor
Caul Howell Neumann Tesanovich
Cherry Jacobs O'Neil Thomas
Clark, I. Jamnick Pappageorge Toy
Clarke, H. Jansen Patterson Van Woerkom
Daniels Jelinek Perricone Vander Roest
DeHart Jellema Pestka Vear
Dennis Johnson, Rick Price Voorhees
DeRossett Johnson, Ruth Prusi Wojno
DeVuyst Julian Pumford Woodward
DeWeese Kelly Quarles Woronchak
Ehardt Kilpatrick Raczkowski
Nays--3
Brater Scott Vaughn
In The Chair: Birkholz
The House agreed to the title of the bill.
Reps. Allen, Basham, Birkholz, Bishop, Bradstreet, Cameron Brown, Callahan, Cassis, Caul, DeHart, DeVuyst, Green, Hager, Howell, Jansen, Jelinek, Ruth Johnson, Koetje, Kuipers, Kukuk, Law, Mans, Mead, O'Neil, Patterson, Pumford, Sanborn, Shackleton, Sheltrown, Shulman, Tabor, Toy, Van Woerkom, Vander Roest, Vear, Voorhees and Wojno were named co-sponsors of the bill.
Second Reading of Bills
House Bill No. 4327, entitled
A bill to amend 1978 PA 33, entitled "An act to prohibit the dissemination, exhibiting, or displaying of certain sexually explicit matter to minors; to prohibit certain misrepresentations facilitating the dissemination of sexually explicit matter to minors; to provide penalties; to provide for declaratory judgments and injunctive relief in certain instances; to impose certain duties upon prosecuting attorneys and the circuit court; to preempt local units of government from proscribing certain conduct; and to repeal certain acts and parts of acts," by amending sections 1, 5, and 7 (MCL 722.671, 722.675, and 722.677).
Was read a second time, and the question being on the adoption of the proposed substitute (H-4) previously recommended by the Committee on Constitutional Law and Ethics,
The substitute (H-4) was adopted, a majority of the members serving voting therefor.
Rep. Reeves 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. 4327, entitled
A bill to amend 1978 PA 33, entitled "An act to prohibit the dissemination, exhibiting, or displaying of certain sexually explicit matter to minors; to prohibit certain misrepresentations facilitating the dissemination of sexually explicit matter to minors; to provide penalties; to provide for declaratory judgments and injunctive relief in certain instances; to impose certain duties upon prosecuting attorneys and the circuit court; to preempt local units of government from proscribing certain conduct; and to repeal certain acts and parts of acts," by amending sections 1, 5, and 7 (MCL 722.671, 722.675, and 722.677).
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 152 Yeas--105
Allen Faunce Koetje Richardville
Baird Frank Kowall Richner
Basham Garcia Kuipers Rivet
Birkholz Garza Kukuk Rocca
Bisbee Geiger LaForge Sanborn
Bishop Gieleghem LaSata Schauer
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 Stamas
Byl Hansen Minore Switalski
Callahan Hart Mortimer Tabor
Cassis Howell Neumann Tesanovich
Caul Jacobs O'Neil Thomas
Cherry Jamnick Pappageorge Toy
Clark, I. Jansen Patterson Van Woerkom
Clarke, H. Jelinek Perricone Vander Roest
Daniels Jellema Pestka Vaughn
DeHart Johnson, Rick Price Vear
Dennis Johnson, Ruth Prusi Voorhees
DeRossett Julian Pumford Wojno
DeVuyst Kelly Raczkowski Woodward
DeWeese Kilpatrick Reeves Woronchak
Ehardt
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 33, entitled "An act to prohibit the dissemination, exhibiting, or displaying of certain sexually explicit matter to minors; to prohibit certain misrepresentations facilitating the dissemination of sexually explicit matter to minors; to provide penalties; to provide for declaratory judgments and injunctive relief in certain instances; to impose certain duties upon prosecuting attorneys and the circuit court; to preempt local units of government from proscribing certain conduct; and to repeal certain acts and parts of acts," by amending sections 1, 6, and 7 (MCL 722.671, 722.676, and 722.677), sections 6 and 7 as amended by 1999 PA 33.
The motion prevailed.
The House agreed to the title as amended.
Reps. Allen, Basham, Birkholz, Bishop, Bogardus, Bovin, Bradstreet, Cameron Brown, Callahan, Cassis, Clark, Clarke, DeHart, Dennis, DeRossett, DeVuyst, Ehardt, Garcia, Garza, Green, Howell, Jelinek, Rick Johnson, Ruth Johnson, Julian, Kelly, Koetje, Kowall, Kuipers, Kukuk, LaForge, LaSata, Law, Lockwood, Mans, Mead, Middaugh, Pappageorge, Patterson, Prusi, Pumford, Richardville, Rivet, Rocca, Scott, Shackleton, Sheltrown, Shulman, Tabor, Tesanovich, Van Woerkom, Vander Roest, Vaughn, Vear and Wojno were named co-sponsors of the bill.
Second Reading of Bills
House Bill No. 5127, entitled
A bill to amend 1980 PA 299, entitled "Occupational code," (MCL 339.101 to 339.2721) by adding article 17A.
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. Bob Brown moved to amend the bill as follows:
1. Amend page 4, following line 3, by inserting:
"SEC. 1758A. (1) EXCEPT AS PROVIDED IN SUBSECTION (2), THE LOCAL LEGISLATIVE BODY IN WHICH THE APPLICANT'S PLACE OF BUSINESS IS LOCATED MUST APPROVE THE APPLICATION FOR A LICENSE UNDER THIS ARTICLE BEFORE THE LICENSE IS GRANTED BY THE DEPARTMENT. THE LOCAL LEGISLATIVE BODY SHALL NOT APPROVE THE APPLICATION IF THE APPLICANT OR THE APPLICANT'S PREMISES ARE IN VIOLATION OF THE LOCAL LEGISLATIVE BODY'S ZONING ORDINANCE, IF ANY.
(2) IF THE APPLICATION IS AN APPLICATION FOR RENEWAL OF AN EXISTING LICENSE, THE APPROVAL OF THE LOCAL LEGISLATIVE BODY UNDER SUBSECTION (1) IS NOT REQUIRED UNLESS THE LOCAL LEGISLATIVE BODY HAS FILED AN OBJECTION TO THE RENEWAL AT LEAST 30 DAYS BEFORE THE DATE OF EXPIRATION OF THE LICENSE.
(3) UPON REQUEST OF A LOCAL LEGISLATIVE BODY IN WHICH AN ADULT ENTERTAINMENT ESTABLISHMENT LICENSED UNDER THIS ARTICLE IS LOCATED, AFTER DUE NOTICE TO A LICENSEE AND PROPER HEARING BY THE LOCAL LEGISLATIVE BODY AND THE DEPARTMENT, THE DEPARTMENT SHALL REVOKE THE LICENSE OF THE ADULT ENTERTAINMENT ESTABLISHMENT.".
The question being on the adoption of the amendment offered by Rep. Bob Brown,
Rep. Bob Brown demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Bob Brown,
The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 153 Yeas--44
Baird DeHart Kilpatrick Prusi
Basham Dennis LaForge Reeves
Bogardus Frank Lemmons Rivet
Bovin Garza Lockwood Scott
Brater Gieleghem Mans Sheltrown
Brewer Hale Martinez Spade
Brown, B. Hanley Minore Tesanovich
Callahan Hansen Neumann Thomas
Cherry Jacobs O'Neil Vaughn
Clarke, H. Jamnick Pestka Wojno
Daniels Kelly Price Woodward
Nays--58
Allen Geiger Kowall Sanborn
Birkholz Gilbert Kuipers Schauer
Bisbee Godchaux Kukuk Scranton
Bishop Gosselin LaSata Shackleton
Bradstreet Green Mead Shulman
Brown, C. Hager Middaugh Stamas
Byl Hart Mortimer Switalski
Cassis Howell Pappageorge Tabor
Caul Jansen Patterson Toy
DeRossett Jelinek Perricone Van Woerkom
DeVuyst Jellema Pumford Vander Roest
DeWeese Johnson, Rick Raczkowski Vear
Ehardt Johnson, Ruth Richardville Voorhees
Faunce Julian Rocca Woronchak
Garcia Koetje
In The Chair: Birkholz
Rep. DeHart 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. 5127, entitled
A bill to amend 1980 PA 299, entitled "Occupational code," (MCL 339.101 to 339.2721) by adding article 17A.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 154 Yeas--105
Allen Faunce Koetje Richardville
Baird Frank Kowall Richner
Basham Garcia Kuipers Rivet
Birkholz Garza Kukuk Rocca
Bisbee Geiger LaForge Sanborn
Bishop Gieleghem LaSata Schauer
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 Minore Stamas
Byl Hansen Mortimer Switalski
Callahan Hart Neumann Tabor
Cassis Howell O'Neil Tesanovich
Caul Jacobs Pappageorge Thomas
Cherry Jamnick Patterson Toy
Clark, I. Jansen Perricone Van Woerkom
Clarke, H. Jelinek Pestka Vander Roest
Daniels Jellema Price Vaughn
DeHart Johnson, Rick Prusi Vear
Dennis Johnson, Ruth Pumford Voorhees
DeRossett Julian Quarles Wojno
DeVuyst Kelly Raczkowski Woodward
DeWeese Kilpatrick Reeves Woronchak
Ehardt
Nays--0
In The Chair: Birkholz
The House agreed to the title of the bill.
Reps. Allen, Basham, Birkholz, Bishop, Bovin, Bradstreet, Cameron Brown, Callahan, Cassis, Caul, DeRossett, DeVuyst, Ehardt, Gosselin, Green, Hager, Howell, Jansen, Jelinek, Ruth Johnson, Julian, Kelly, Koetje, Kuipers, Kukuk, LaSata, Law, Mead, O'Neil, Pappageorge, Patterson, Pumford, Sanborn, Shackleton, Sheltrown, Shulman, Tabor, Toy, Van Woerkom, Vander Roest, Vear, Voorhees and Wojno were named co-sponsors of the bill.
______
Rep. Garcia asked and obtained a temporary excuse from today's session.
Rep. Vander Roest moved that Rep. Perricone be excused temporarily from today's session.
The motion prevailed.
Second Reading of Bills
House Bill No. 5274, entitled
A bill to make appropriations for the department of career development and the Michigan strategic fund and certain other state purposes for the fiscal year ending September 30, 2001; to provide for the expenditure of the appropriations; and to provide for the disposition of fees and other income received by the state agencies.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Appropriations,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Cherry moved to amend the bill as follows:
1. Amend page 16, line 14, after "2000." by inserting "The department and the family independence agency shall complete these guidelines on or before January 15, 2001".
The question being on the adoption of the amendment offered by Rep. Cherry,
Rep. Cherry demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Cherry,
The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 155 Yeas--48
Baird Dennis LaForge Reeves
Basham Frank Lemmons Rivet
Bogardus Garza Lockwood Schauer
Bovin Gieleghem Mans Scott
Brater Hale Martinez Sheltrown
Brewer Hanley Minore Spade
Brown, B. Hansen Neumann Switalski
Callahan Jacobs O'Neil Tesanovich
Cherry Jamnick Pestka Thomas
Clark, I. Kelly Price Vaughn
Daniels Kilpatrick Prusi Wojno
DeHart Kowall Quarles Woodward
Nays--56
Allen Geiger Koetje Rocca
Birkholz Gilbert Kuipers Sanborn
Bisbee Godchaux Kukuk Scranton
Bishop Gosselin LaSata Shackleton
Bradstreet Green Law Shulman
Brown, C. Hager Mead Stallworth
Byl Hart Middaugh Stamas
Cassis Howell Mortimer Tabor
Caul Jansen Pappageorge Toy
DeRossett Jelinek Patterson Van Woerkom
DeVuyst Jellema Pumford Vander Roest
DeWeese Johnson, Rick Raczkowski Vear
Ehardt Johnson, Ruth Richardville Voorhees
Faunce Julian Richner Woronchak
In The Chair: Birkholz
______
Rep. Rocca moved that Rep. Ruth Johnson be excused temporarily from today's session.
The motion prevailed.
Rep. Hardman entered the House Chambers.
Rep. Cherry moved to amend the bill as follows:
1. Amend page 16, line 17, after "to" by striking out "12" and inserting "24".
2. Amend page 17, line 6, after "exceed" by striking out "6" and inserting "12".
The question being on the adoption of the amendments offered by Rep. Cherry,
Rep. Cherry demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendments offered by Rep. Cherry,
The amendments were not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 156 Yeas--50
Baird Dennis Lemmons Rivet
Basham Frank Lockwood Schauer
Bogardus Garza Mans Scott
Bovin Gieleghem Martinez Sheltrown
Brater Hale Minore Spade
Brewer Hanley Neumann Stallworth
Brown, B. Hansen O'Neil Switalski
Callahan Hardman Pestka Tesanovich
Cherry Jacobs Price Thomas
Clark, I. Jamnick Prusi Vaughn
Clarke, H. Kelly Quarles Wojno
Daniels Kilpatrick Reeves Woodward
DeHart LaForge
Nays--55
Allen Geiger Kowall Rocca
Birkholz Gilbert Kuipers Sanborn
Bisbee Godchaux Kukuk Scranton
Bishop Gosselin LaSata Shackleton
Bradstreet Green Law Shulman
Brown, C. Hager Mead Stamas
Byl Hart Middaugh Tabor
Cassis Howell Mortimer Toy
Caul Jansen Pappageorge Van Woerkom
DeRossett Jelinek Patterson Vander Roest
DeVuyst Jellema Pumford Vear
DeWeese Johnson, Rick Raczkowski Voorhees
Ehardt Julian Richardville Woronchak
Faunce Koetje Richner
In The Chair: Birkholz
______
Rep. Allen moved that Rep. Rick Johnson be excused temporarily from today's session.
The motion prevailed.
Rep. Prusi moved to amend the bill as follows:
1. Amend page 5, line 14, by striking out "412,000" and inserting "462,000" and adjusting the subtotals, totals, and section 201 accordingly.
The question being on the adoption of the amendment offered by Rep. Prusi,
Rep. Prusi demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Prusi,
The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 157 Yeas--55
Baird Frank LaForge Rivet
Basham Garza Lemmons Schauer
Bogardus Gieleghem Lockwood Scott
Bovin Hager Mans Shackleton
Brater Hale Martinez Sheltrown
Brewer Hanley Minore Spade
Brown, B. Hansen Neumann Stallworth
Callahan Hardman O'Neil Switalski
Cherry Jacobs Pestka Tesanovich
Clark, I. Jamnick Price Thomas
Clarke, H. Julian Prusi Vaughn
Daniels Kelly Quarles Wojno
DeHart Kilpatrick Reeves Woodward
Dennis Kowall Richardville
Nays--48
Allen Ehardt Koetje Rocca
Birkholz Faunce Kuipers Sanborn
Bisbee Geiger Kukuk Scranton
Bishop Gilbert LaSata Shulman
Bradstreet Godchaux Mead Stamas
Brown, C. Gosselin Middaugh Tabor
Byl Green Mortimer Toy
Cassis Hart Pappageorge Van Woerkom
Caul Howell Patterson Vander Roest
DeRossett Jansen Pumford Vear
DeVuyst Jelinek Raczkowski Voorhees
DeWeese Jellema Richner Woronchak
In The Chair: Birkholz
Rep. Schauer moved to amend the bill as follows:
1. Amend page 28, following line 9, by inserting:
"Sec. 330. Of the amount appropriated in part 1 for job training programs subgrantees, no less than $500,000.00 shall be distributed to the Barry/Branch/Calhoun workforce development board to assist workers displaced by the recent closing of a Kellogg Corporation Facility.".
The question being on the adoption of the amendment offered by Rep. Schauer,
Rep. Schauer demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Schauer,
The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 158 Yeas--51
Baird DeHart LaForge Rivet
Basham Dennis Lemmons Schauer
Bogardus Frank Lockwood Scott
Bovin Garza Mans Sheltrown
Brater Gieleghem Martinez Stallworth
Brewer Hale Minore Switalski
Brown, B. Hanley Neumann Tesanovich
Byl Hansen O'Neil Thomas
Callahan Hardman Pestka Vander Roest
Cherry Jacobs Price Vaughn
Clark, I. Jamnick Prusi Wojno
Clarke, H. Kelly Quarles Woodward
Daniels Kilpatrick Reeves
Nays--55
Allen Gilbert Kowall Rocca
Birkholz Godchaux Kuipers Sanborn
Bisbee Gosselin Kukuk Scranton
Bishop Green LaSata Shackleton
Bradstreet Hager Law Shulman
Brown, C. Hart Mead Spade
Cassis Howell Middaugh Stamas
Caul Jansen Mortimer Tabor
DeRossett Jelinek Pappageorge Toy
DeVuyst Jellema Patterson Van Woerkom
DeWeese Johnson, Rick Pumford Vear
Ehardt Johnson, Ruth Raczkowski Voorhees
Faunce Julian Richardville Woronchak
Geiger Koetje Richner
In The Chair: Birkholz
Reps. Schauer and DeWeese moved to amend the bill as follows:
1. Amend page 5, line 9, by striking out "6,000,000" and inserting "20,000,000".
2. Amend page 6, line 23, by striking out "6,000,000" and inserting "20,000,000" and adjusting the subtotals, totals, and section 201 accordingly.
3. Amend page 27, line 14, by striking out all of section 327 and inserting:
"Sec. 327. Of the funds appropriated in part 1 for the council of Michigan Foundations, $10,000,000.00 shall be distributed to the council to support local community efforts to address youth and senior health needs. The remaining $10,000,000.00 shall support community youth tobacco prevention and smoking cessation programs. The council may distribute the funds according to a formula determined by the council or may invest these funds. Any investment earnings from this appropriation shall be used for the same purpose as the original appropriation.".
The question being on the adoption of the amendments offered by Reps. Schauer and DeWeese,
Rep. Schauer demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendments offered by Reps. Schauer and DeWeese,
The amendments were adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 159 Yeas--56
Baird DeWeese Kilpatrick Reeves
Basham Faunce LaForge Rivet
Bogardus Frank Lemmons Rocca
Bovin Garza Lockwood Schauer
Brater Gieleghem Mans Scott
Brewer Hager Minore Shackleton
Brown, B. Hale Neumann Sheltrown
Callahan Hanley O'Neil Spade
Cherry Hansen Patterson Stallworth
Clark, I. Hardman Pestka Switalski
Clarke, H. Howell Price Thomas
Daniels Jacobs Prusi Vaughn
DeHart Julian Quarles Wojno
Dennis Kelly Raczkowski Woodward
Nays--47
Allen Garcia Koetje Richner
Birkholz Geiger Kowall Sanborn
Bisbee Gilbert Kuipers Scranton
Bishop Godchaux Kukuk Shulman
Bradstreet Gosselin LaSata Stamas
Brown, C. Green Law Tabor
Byl Hart Mead Toy
Cassis Jansen Mortimer Van Woerkom
Caul Jelinek Pappageorge Vander Roest
DeRossett Jellema Perricone Vear
DeVuyst Johnson, Rick Pumford Voorhees
Ehardt Johnson, Ruth Richardville
In The Chair: Birkholz
Rep. Geiger moved to reconsider the vote by which the House adopted the amendments.
The motion prevailed, a majority of the members present voting therefor.
The question being on the adoption of the amendments offered previously by Reps. Schauer and DeWeese,
Rep. Kilpatrick demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendments offered previously by Reps. Schauer and DeWeese,
The amendments were adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 160 Yeas--65
Baird Frank Lockwood Schauer
Basham Garza Mans Scott
Birkholz Gieleghem Martinez Shackleton
Bogardus Gilbert Middaugh Sheltrown
Bovin Hager Minore Shulman
Brater Hale Neumann Spade
Brewer Hanley O'Neil Stallworth
Brown, B. Hansen Patterson Switalski
Callahan Hardman Pestka Tesanovich
Cherry Howell Price Thomas
Clark, I. Jacobs Prusi Van Woerkom
Clarke, H. Julian Quarles Vander Roest
Daniels Kelly Raczkowski Vaughn
DeHart Kilpatrick Reeves Wojno
Dennis LaForge Rivet Woodward
DeWeese Lemmons Rocca Woronchak
Faunce
Nays--42
Allen Garcia Koetje Pumford
Bisbee Geiger Kowall Richardville
Bishop Godchaux Kuipers Richner
Bradstreet Gosselin Kukuk Sanborn
Brown, C. Green LaSata Scranton
Byl Hart Law Stamas
Cassis Jansen Mead Tabor
Caul Jelinek Mortimer Toy
DeRossett Jellema Pappageorge Vear
DeVuyst Johnson, Rick Perricone Voorhees
Ehardt Johnson, Ruth
In The Chair: Birkholz
Rep. Stallworth moved to amend the bill as follows:
1. Amend page 28, following line 9, by inserting:
"Sec. 330. The department may provide support services to the family independence agency in development and workforce development board monitoring of the summer youth employment initiative upon request.".
The question being on the adoption of the amendment offered by Rep. Stallworth,
Rep. Stallworth demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Stallworth,
The amendment was adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 161 Yeas--104
Allen Ehardt Koetje Richardville
Baird Faunce Kowall Richner
Basham Frank Kuipers Rivet
Birkholz Garcia Kukuk Rocca
Bisbee Garza LaForge Sanborn
Bishop Geiger LaSata Schauer
Bogardus Gieleghem Law Scott
Bovin Gilbert Lemmons Scranton
Bradstreet Godchaux Lockwood Shackleton
Brater Gosselin Mans Sheltrown
Brewer Green Martinez Shulman
Brown, B. Hager Mead Spade
Brown, C. Hale Minore Stallworth
Byl Hanley Mortimer Stamas
Callahan Hansen Neumann Switalski
Cassis Hardman O'Neil Tabor
Caul Hart Pappageorge Tesanovich
Cherry Howell Patterson Toy
Clark, I. Jamnick Perricone Van Woerkom
Clarke, H. Jansen Pestka Vander Roest
Daniels Jelinek Price Vaughn
DeHart Jellema Prusi Vear
Dennis Johnson, Rick Pumford Voorhees
DeRossett Johnson, Ruth Quarles Wojno
DeVuyst Julian Raczkowski Woodward
DeWeese Kelly Reeves Woronchak
Nays--0
In The Chair: Birkholz
Rep. Prusi moved to amend the bill as follows:
1. Amend page 5, line 20, by striking out "2,865,700" and inserting "4,065,700" and adjusting the subtotals, totals, and section 201 accordingly.
2. Amend page 19, line 27, after "than" by striking out "$1,788,000.00" and inserting "$2,988,000.00".
The question being on the adoption of the amendments offered by Rep. Prusi,
Rep. Prusi demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendments offered by Rep. Prusi,
The amendments were adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 162 Yeas--78
Allen Garza Lockwood Scott
Baird Gieleghem Mans Shackleton
Basham Green Martinez Sheltrown
Birkholz Hager Mead Shulman
Bogardus Hale Middaugh Spade
Bovin Hanley Minore Stallworth
Brater Hansen Neumann Stamas
Brewer Hardman O'Neil Switalski
Brown, B. Howell Patterson Tabor
Callahan Jacobs Pestka Tesanovich
Cherry Jamnick Price Thomas
Clark, I. Jelinek Prusi Toy
Clarke, H. Johnson, Ruth Quarles Van Woerkom
Daniels Julian Reeves Vander Roest
DeHart Kelly Richardville Vaughn
Dennis Kilpatrick Richner Vear
DeVuyst Kowall Rivet Wojno
Ehardt LaForge Rocca Woodward
Faunce Law Schauer Woronchak
Frank Lemmons
Nays--30
Bisbee DeWeese Jellema Pappageorge
Bishop Garcia Johnson, Rick Perricone
Bradstreet Geiger Koetje Pumford
Brown, C. Gilbert Kuipers Raczkowski
Byl Godchaux Kukuk Sanborn
Cassis Gosselin LaSata Scranton
Caul Hart Mortimer Voorhees
DeRossett Jansen
In The Chair: Birkholz
Rep. Quarles moved to amend the bill as follows:
1. Amend page 26, following line 19, by inserting:
"Sec. 323a. From the funds appropriated in part 1 for postsecondary education, the department shall compile data from each university that receives funding for the future faculty program within the King-Chavez-Parks initiative on employment outcomes for program participants. The report shall be distributed to the house and senate appropriations committees by February 1 of each year. The report shall include data from each participating university covering the most recently completed fiscal year. The data shall include all of the following:
(a) The number of participants receiving support under the program.
(b) The number of participants obtaining full-time employment.
(c) The number of participants obtaining full-time employment in college faculty positions.
(d) The number of participants obtaining full-time employment in college faculty positions within the university through which they received future faculty program support for graduate studies.".
The question being on the adoption of the amendment offered by Rep. Quarles,
Rep. Quarles demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Quarles,
The amendment was adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 163 Yeas--104
Allen Ehardt Kowall Richner
Baird Faunce Kuipers Rivet
Basham Frank Kukuk Rocca
Birkholz Garcia LaForge Sanborn
Bisbee Garza LaSata Schauer
Bishop Geiger Law Scott
Bogardus Gieleghem Lemmons Scranton
Bovin Gilbert Lockwood Shackleton
Bradstreet Godchaux Mans Sheltrown
Brater Hager Martinez Shulman
Brewer Hale Mead Spade
Brown, B. Hanley Middaugh Stallworth
Brown, C. Hansen Minore Stamas
Byl Hardman Mortimer Switalski
Callahan Hart Neumann Tabor
Cassis Howell O'Neil Tesanovich
Caul Jacobs Patterson Thomas
Cherry Jamnick Perricone Toy
Clark, I. Jansen Pestka Van Woerkom
Clarke, H. Jelinek Price Vander Roest
Daniels Jellema Prusi Vaughn
DeHart Johnson, Rick Pumford Vear
Dennis Johnson, Ruth Quarles Voorhees
DeRossett Julian Raczkowski Wojno
DeVuyst Kelly Reeves Woodward
DeWeese Kilpatrick Richardville Woronchak
Nays--2
Gosselin Koetje
In The Chair: Birkholz
Rep. Kukuk 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. 5274, entitled
A bill to make appropriations for the department of career development and the Michigan strategic fund and certain other state purposes for the fiscal year ending September 30, 2001; to provide for the expenditure of the appropriations; and to provide for the disposition of fees and other income received by the state agencies.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 164 Yeas--106
Allen Faunce Kowall Richner
Baird Frank Kuipers Rivet
Basham Garcia Kukuk Rocca
Birkholz Garza LaForge Sanborn
Bisbee Geiger LaSata Schauer
Bishop Gieleghem Law Scott
Bogardus Gilbert Lemmons Scranton
Bovin Godchaux Lockwood Shackleton
Bradstreet Green Mans Sheltrown
Brater Hager Martinez Shulman
Brewer Hale Mead Spade
Brown, B. Hanley Middaugh Stallworth
Brown, C. Hansen Minore Stamas
Byl Hardman Mortimer Switalski
Callahan Hart Neumann Tabor
Cassis Howell O'Neil Tesanovich
Caul Jacobs Pappageorge Thomas
Cherry Jamnick Patterson Toy
Clark, I. Jansen Pestka Van Woerkom
Clarke, H. Jelinek Price Vander Roest
Daniels Jellema Prusi Vaughn
DeHart Johnson, Rick Pumford Vear
Dennis Johnson, Ruth Quarles Voorhees
DeRossett Julian Raczkowski Wojno
DeVuyst Kelly Reeves Woodward
DeWeese Kilpatrick Richardville Woronchak
Ehardt Koetje
Nays--1
Gosselin
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 make appropriations for the department of career development and certain other state purposes for the fiscal year ending September 30, 2001; to provide for the expenditure of the appropriations; and to provide for the disposition of fees and other income received by the state agencies.
The motion prevailed.
The House agreed to the title as amended.
______
Rep. Gosselin, having reserved the right to explain his protest against the passage of the bill, made the following statement:
"Mr. Speaker and members of the House:
Like many of you, I have had several careers in my adult life. The ones that worked out are not necessarily ones I ever considered when in high school. This is not unusual. So it's a good thing that a large sum of taxpayer dollars were not spent when I was in high school to 'prepare' me for a career, or worse, to 'choose' a career for me. The money would have been wasted, just as much of the $31 million state taxpayer dollars we are spending in this budget will be wasted. What is even worse, we are growing this area of government more than twice as fast as the rate of inflation. I was elected on a promise to shrink government, not grow it. My future 'career development' depends on keeping that promise, which is why I vote 'no' on this budget."
Second Reading of Bills
House Bill No. 5275, 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, 2001; to provide for the expenditure of those appropriations; to provide for the imposition of certain fees; to provide for the disposition of fees and other income received by the state agencies; to provide for reports to certain persons; and to prescribe powers and duties of certain state departments and certain state and local agencies and officers.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Appropriations,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Cherry moved to amend the bill as follows:
1. Amend page 13, line 22, by striking out "239.0" and inserting "254.0".
2. Amend page 13, line 22, by striking out "22,063,200" and inserting "23,113,200".
3. Amend page 14, line 3, by striking out "5,488,700" and inserting "5,838,200" and by adjusting the subtotals, totals, and section 201 accordingly.
4. Amend page 40, following line 13, by inserting:
"Sec. 332. From the appropriations in part 1 for occupational safety and health, the department shall provide funding for 5 general industry safety inspectors, 5 construction industry safety inspectors, and 5 industrial hygienists. These positions shall be in addition to any existing positions already filled by the department in each of these areas as of the effective date of this act.".
The question being on the adoption of the amendments offered by Rep. Cherry,
Rep. Cherry demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendments offered by Rep. Cherry,
The amendments were adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 165 Yeas--56
Baird Garza Lemmons Rocca
Bogardus Gieleghem Lockwood Schauer
Brater Hale Mans Scott
Brewer Hanley Martinez Shackleton
Brown, B. Hansen Minore Sheltrown
Callahan Hardman Neumann Spade
Cherry Howell O'Neil Stallworth
Clark, I. Jacobs Pestka Switalski
Clarke, H. Jamnick Price Tabor
Daniels Julian Prusi Tesanovich
DeHart Kelly Quarles Thomas
Dennis Kilpatrick Reeves Vaughn
Faunce LaForge Richardville Wojno
Frank Law Rivet Woodward
Nays--47
Allen Geiger Koetje Richner
Birkholz Gilbert Kuipers Sanborn
Bisbee Godchaux Kukuk Scranton
Bishop Gosselin LaSata Shulman
Bradstreet Green Mead Stamas
Brown, C. Hager Middaugh Toy
Byl Hart Mortimer Van Woerkom
Cassis Jansen Pappageorge Vander Roest
Caul Jelinek Patterson Vear
DeRossett Jellema Perricone Voorhees
DeVuyst Johnson, Rick Pumford Woronchak
Garcia Johnson, Ruth Raczkowski
In The Chair: Birkholz
Reps. Thomas and Martinez moved to amend the bill as follows:
1. Amend page 2, line 26, by striking out "550,000" and inserting "850,000".
2. Amend page 4, line 10, by striking out "550,000" and inserting "850,000" and adjusting the subtotals, totals, and section 201 accordingly.
The question being on the adoption of the amendments offered by Reps. Thomas and Martinez,
Rep. Thomas demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendments offered by Reps. Thomas and Martinez,
The amendments were not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 166 Yeas--49
Baird Garza Lockwood Schauer
Bogardus Gieleghem Mans Scott
Bovin Hale Martinez Shackleton
Brater Hanley Middaugh Sheltrown
Brewer Hansen Minore Spade
Brown, B. Hardman Neumann Stallworth
Callahan Jacobs O'Neil Switalski
Cherry Jamnick Pestka Tesanovich
Clarke, H. Kelly Price Thomas
Daniels Kilpatrick Prusi Vaughn
DeHart LaForge Reeves Wojno
Dennis Lemmons Rivet Woodward
Frank
Nays--54
Allen Garcia Kowall Richner
Birkholz Geiger Kuipers Rocca
Bisbee Gilbert Kukuk Sanborn
Bishop Godchaux LaSata Scranton
Bradstreet Gosselin Law Shulman
Brown, C. Hager Mead Stamas
Byl Hart Mortimer Tabor
Cassis Howell Pappageorge Toy
Caul Jansen Patterson Van Woerkom
DeRossett Jelinek Perricone Vander Roest
DeVuyst Jellema Pumford Vear
DeWeese Johnson, Rick Raczkowski Voorhees
Ehardt Johnson, Ruth Richardville Woronchak
Faunce Koetje
In The Chair: Birkholz
Rep. Prusi moved to amend the bill as follows:
1. Amend page 40, following line 13, following section 332, by inserting:
"Sec. 333. Of the funds appropriated in part 1 for nursing home quality incentive grants, no funds shall be distributed to a nursing home under the program unless that nursing home posts the executive summary of the nursing home's last annual inspection in a conspicuous place within the nursing home for public review.".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Prusi moved to amend the bill as follows:
1. Amend page 40, following line 13, following section 333, by inserting:
"Sec. 334. From the funds appropriated in part 1 for health systems administration, the department shall conduct a resident satisfaction survey that will measure the satisfaction of residents and their families with the care in nursing homes. This survey shall be completed by September 30, 2001.".
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
______
The Speaker Pro Tempore called Associate Speaker Pro Tempore Scranton to the Chair.
Rep. Kukuk moved that Rep. LaSata be excused temporarily from today's session.
The motion prevailed.
Rep. Quarles moved that Rep. Basham be excused from the balance of today's session.
The motion prevailed.
Rep. Gieleghem moved to amend the bill as follows:
1. Amend page 11, line 6, by striking out "181.0" and inserting "195.0".
2. Amend page 11, line 6, by striking out "16,768,400" and inserting "17,888,400" and by adjusting the subtotals, totals, and section 201 accordingly.
3. Amend page 40, following line 13, following section 333, by inserting:
"Sec. 334. The appropriations in part 1 for health systems administration provide the department with 14 additional FTE positions above the level appropriated for the fiscal year ending September 30, 2000. The department shall fill all of these FTE positions by January 1, 2001. The department shall provide the appropriate appropriations subcommittees and the fiscal agencies with a report by January 31, 2001 that provides documentation showing that these positions were filled.".
The question being on the adoption of the amendments offered by Rep. Gieleghem,
Rep. Gieleghem demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendments offered by Rep. Gieleghem,
The amendments were not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 167 Yeas--51
Baird Frank Lemmons Schauer
Bogardus Garza Lockwood Scott
Bovin Gieleghem Mans Shackleton
Brater Hager Martinez Sheltrown
Brewer Hale Minore Spade
Brown, B. Hanley Neumann Stallworth
Callahan Hansen O'Neil Switalski
Cherry Hardman Pestka Tesanovich
Clark, I. Jacobs Price Thomas
Clarke, H. Jamnick Prusi Vaughn
Daniels Kelly Quarles Wojno
DeHart Kilpatrick Reeves Woodward
Dennis LaForge Rivet
Nays--55
Allen Garcia Koetje Richner
Birkholz Geiger Kowall Rocca
Bisbee Gilbert Kuipers Sanborn
Bishop Godchaux Kukuk Scranton
Bradstreet Gosselin Law Shulman
Brown, C. Green Mead Stamas
Byl Hart Middaugh Tabor
Cassis Howell Mortimer Toy
Caul Jansen Pappageorge Van Woerkom
DeRossett Jelinek Patterson Vander Roest
DeVuyst Jellema Perricone Vear
DeWeese Johnson, Rick Pumford Voorhees
Ehardt Johnson, Ruth Raczkowski Woronchak
Faunce Julian Richardville
In The Chair: Scranton
Rep. Baird moved to amend the bill as follows:
1. Amend page 10, line 24, by striking out "8,175,000" and inserting "16,000,000".
2. Amend page 11, line 2, by striking out "8,175,000" and inserting "16,000,000" and by adjusting the subtotals, totals, and section 201 accordingly.
The question being on the adoption of the amendments offered by Rep. Baird,
Rep. Baird demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendments offered by Rep. Baird,
The amendments were not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 168 Yeas--55
Baird Frank Lemmons Schauer
Bogardus Garza Lockwood Scott
Bovin Gieleghem Mans Shackleton
Brater Hager Martinez Sheltrown
Brewer Hale Minore Spade
Brown, B. Hanley Neumann Stallworth
Callahan Hansen O'Neil Switalski
Caul Hardman Pestka Tesanovich
Cherry Jacobs Price Thomas
Clark, I. Jamnick Prusi Vaughn
Clarke, H. Julian Pumford Wojno
Daniels Kelly Quarles Woodward
DeHart Kilpatrick Reeves Woronchak
Dennis LaForge Rivet
Nays--51
Allen Garcia Koetje Richner
Birkholz Geiger Kowall Rocca
Bisbee Gilbert Kuipers Sanborn
Bishop Godchaux Kukuk Scranton
Bradstreet Gosselin Law Shulman
Brown, C. Green Mead Stamas
Byl Hart Middaugh Tabor
Cassis Howell Mortimer Toy
DeRossett Jansen Pappageorge Van Woerkom
DeVuyst Jelinek Patterson Vander Roest
DeWeese Jellema Perricone Vear
Ehardt Johnson, Rick Raczkowski Voorhees
Faunce Johnson, Ruth Richardville
In The Chair: Scranton
______
Rep. Switalski moved that Rep. Lemmons be excused temporarily from today's session.
The motion prevailed.
Rep. Cherry moved to amend the bill as follows:
1. Amend page 37, line 12, by striking out all of section 322 and inserting:
"Sec. 322. The department shall report by January 25, 2001 to the house and senate appropriations committees, the house and senate standing committees with jurisdiction over workplace safety issues, and the house and senate fiscal agencies on the total number of work-related deaths and catastrophic injuries in Michigan for the years 1999 and 2000".
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Baird moved to amend the bill as follows:
1. Amend page 10, line 24, by striking out "8,175,000" and inserting "10,325,000".
2. Amend page 11, line 2, by striking out "8,175,000" and inserting "10,325,000" and by adjusting the subtotals, totals, and section 201 accordingly.
The question being on the adoption of the amendments offered by Rep. Baird,
Rep. Baird demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendments offered by Rep. Baird,
The amendments were not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 169 Yeas--53
Baird Frank Lockwood Scott
Bogardus Garza Mans Shackleton
Bovin Gieleghem Martinez Sheltrown
Brater Hale Minore Spade
Brewer Hanley Neumann Stallworth
Brown, B. Hansen O'Neil Switalski
Callahan Hardman Pestka Tesanovich
Caul Jacobs Price Thomas
Cherry Jamnick Prusi Vander Roest
Clark, I. Julian Quarles Vaughn
Clarke, H. Kelly Reeves Wojno
Daniels Kilpatrick Rivet Woodward
DeHart LaForge Schauer Woronchak
Dennis
Nays--51
Allen Geiger Koetje Richardville
Birkholz Gilbert Kowall Richner
Bisbee Godchaux Kuipers Rocca
Bishop Gosselin Kukuk Sanborn
Bradstreet Green Law Scranton
Brown, C. Hager Mead Shulman
Cassis Hart Middaugh Stamas
DeRossett Howell Mortimer Tabor
DeVuyst Jansen Pappageorge Toy
DeWeese Jelinek Patterson Van Woerkom
Ehardt Jellema Perricone Vear
Faunce Johnson, Rick Pumford Voorhees
Garcia Johnson, Ruth Raczkowski
In The Chair: Scranton
Rep. Cherry moved to amend the bill as follows:
1. Amend page 13, line 21, by striking out "1,026,900" and inserting "1,126,900".
2. Amend page 14, line 3, by striking out "5,838,200" and inserting "5,938,200" and by adjusting the subtotals, totals, and section 201 accordingly.
The question being on the adoption of the amendments offered by Rep. Cherry,
Rep. Cherry demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendments offered by Rep. Cherry,
The amendments were not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 170 Yeas--54
Baird Frank Lemmons Rivet
Bogardus Garza Lockwood Rocca
Bovin Gieleghem Mans Schauer
Brater Hale Martinez Scott
Brewer Hanley Minore Shackleton
Brown, B. Hansen Neumann Sheltrown
Callahan Hardman O'Neil Spade
Cherry Jacobs Pestka Switalski
Clark, I. Jamnick Price Tesanovich
Clarke, H. Julian Prusi Thomas
Daniels Kelly Quarles Vaughn
DeHart Kilpatrick Reeves Wojno
Dennis Kowall Richardville Woodward
Faunce LaForge
Nays--50
Allen Garcia Johnson, Ruth Raczkowski
Birkholz Geiger Koetje Richner
Bisbee Gilbert Kuipers Sanborn
Bishop Godchaux Kukuk Scranton
Bradstreet Gosselin Law Shulman
Brown, C. Green Mead Stamas
Byl Hager Middaugh Tabor
Cassis Hart Mortimer Toy
Caul Howell Pappageorge Van Woerkom
DeRossett Jansen Patterson Vander Roest
DeVuyst Jelinek Perricone Vear
DeWeese Jellema Pumford Voorhees
Ehardt Johnson, Rick
In The Chair: Scranton
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. 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. 5275, 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, 2001; to provide for the expenditure of those appropriations; to provide for the imposition of certain fees; to provide for the disposition of fees and other income received by the state agencies; to provide for reports to certain persons; and to prescribe powers and duties of certain state departments and certain state and local agencies and officers.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 171 Yeas--100
Allen Faunce Koetje Richner
Baird Frank Kowall Rivet
Birkholz Garcia Kuipers Rocca
Bisbee Garza Kukuk Sanborn
Bishop Geiger Law Schauer
Bovin Gieleghem Lemmons Scott
Bradstreet Gilbert Lockwood Scranton
Brater Godchaux Mans Shackleton
Brewer Green Martinez Sheltrown
Brown, B. Hager Mead Shulman
Brown, C. Hanley Middaugh Spade
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 Pumford Vear
DeRossett Johnson, Ruth Quarles Voorhees
DeVuyst Julian Raczkowski Wojno
DeWeese Kelly Reeves Woodward
Ehardt Kilpatrick Richardville Woronchak
Nays--5
Bogardus Hale LaForge Prusi
Gosselin
In The Chair: Scranton
The House agreed to the title of the bill.
______
Rep. Gosselin, having reserved the right to explain his protest against the passage of the bill, made the following statement:
"Mr. Speaker and members of the House:
The U.S. CPI, is just 2.2 percent. That means the rate of growth of this area of government is more than 700 percent greater than inflation. I was elected on a promise to shrink government, not grow it, which is why I vote 'no' on this budget."
Second Reading of Bills
House Bill No. 5510, entitled
A bill to make appropriations for the Michigan strategic fund and certain other state purposes for the fiscal year ending September 30, 2001; to provide for the expenditure of the appropriations; and to provide for the disposition of fees and other income received by the state agencies.
The bill was read a second time.
Rep. Jellema moved to amend the bill as follows:
1. Amend page 17, line 25, after "funds" by inserting "and has the authority to make minor adjustments to the category funding percentage based upon the demands within categories and the quality of the applications received".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
______
Rep. LaForge moved that Rep. Kelly be excused temporarily from today's session.
The motion prevailed.
Rep. Jelinek moved that Rep. Kuipers be excused temporarily from today's session.
The motion prevailed.
Rep. Sheltrown moved to amend the bill as follows:
1. Amend page 15, line 5, after "Michigan." by inserting "from the funds appropriated in part 1 for the Michigan promotion program, $100,000.00 shall be used by the agency to conduct a study of the impact of bovine tuberculosis on tourism in affected regions of the state.".
The question being on the adoption of the amendment offered by Rep. Sheltrown,
Rep. Sheltrown demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Sheltrown,
The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 172 Yeas--46
Bogardus Frank Lemmons Schauer
Bovin Garza Lockwood Scott
Bradstreet Gieleghem Mans Shackleton
Brewer Hale Minore Sheltrown
Brown, B. Hanley Neumann Stallworth
Callahan Hansen O'Neil Switalski
Cherry Hardman Pestka Tesanovich
Clark, I. Jacobs Price Thomas
Clarke, H. Jamnick Prusi Vaughn
Daniels Kilpatrick Reeves Wojno
DeHart Kowall Rivet Woodward
Dennis LaForge
Nays--54
Allen Gilbert Kukuk Rocca
Baird Godchaux Law Sanborn
Birkholz Gosselin Martinez Scranton
Bisbee Green Mead Shulman
Bishop Hager Middaugh Spade
Byl Hart Mortimer Stamas
Cassis Howell Pappageorge Tabor
Caul Jansen Patterson Toy
DeRossett Jelinek Perricone Van Woerkom
DeVuyst Jellema Pumford Vander Roest
DeWeese Johnson, Rick Raczkowski Vear
Ehardt Johnson, Ruth Richardville Voorhees
Faunce Julian Richner Woronchak
Garcia Koetje
In The Chair: Scranton
Rep. Neumann moved to amend the bill as follows:
1. Amend page 15, line 5, after "Michigan." by inserting "of the funds appropriated in part 1 for the Michigan promotion program, $200,000.00 shall be used to promote tourism activities in the northeast region of the state and is conditioned upon travel Michigan working cooperatively with the sunrise side in determining how this funding shall be allocated.".
The question being on the adoption of the amendment offered by Rep. Neumann,
Rep. Neumann demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Neumann,
The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 173 Yeas--47
Baird Dennis LaForge Schauer
Bogardus Frank Lemmons Scott
Bovin Garza Lockwood Shackleton
Brater Gieleghem Mans Sheltrown
Brewer Hale Martinez Stallworth
Brown, B. Hanley Minore Switalski
Callahan Hansen Neumann Tesanovich
Cherry Hardman O'Neil Thomas
Clark, I. Jacobs Price Vaughn
Clarke, H. Jamnick Prusi Wojno
Daniels Kelly Reeves Woodward
DeHart Kilpatrick Rivet
Nays--56
Allen Garcia Koetje Richner
Birkholz Gilbert Kowall Rocca
Bisbee Godchaux Kuipers Sanborn
Bishop Gosselin Kukuk Scranton
Bradstreet Green Law Shulman
Brown, C. Hager Mead Spade
Byl Hart Middaugh Stamas
Cassis Howell Mortimer Tabor
Caul Jansen Pappageorge Toy
DeRossett Jelinek Patterson Van Woerkom
DeVuyst Jellema Perricone Vander Roest
DeWeese Johnson, Rick Pumford Vear
Ehardt Johnson, Ruth Raczkowski Voorhees
Faunce Julian Richardville Woronchak
In The Chair: Scranton
Rep. Hale moved to amend the bill as follows:
1. Amend page 18, line 14, after the first "to" by striking out "$1,000,000.00" and inserting "$2,000,000.00".
The question being on the adoption of the amendment offered by Rep. Hale,
Rep. Hale demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Hale,
The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 174 Yeas--49
Baird Frank Lemmons Rivet
Bogardus Garza Lockwood Schauer
Bovin Gieleghem Mans Scott
Brater Hale Martinez Sheltrown
Brewer Hanley Minore Spade
Brown, B. Hansen Neumann Stallworth
Callahan Hardman O'Neil Switalski
Cherry Jacobs Pestka Tesanovich
Clark, I. Jamnick Price Thomas
Clarke, H. Kelly Prusi Vaughn
Daniels Kilpatrick Quarles Wojno
DeHart LaForge Reeves Woodward
Dennis
Nays--56
Allen Geiger Koetje Richner
Birkholz Gilbert Kowall Rocca
Bisbee Godchaux Kuipers Sanborn
Bishop Gosselin Kukuk Scranton
Bradstreet Green Law Shackleton
Brown, C. Hager Mead Shulman
Cassis Hart Middaugh Stamas
Caul Howell Mortimer Tabor
DeRossett Jansen Pappageorge Toy
DeVuyst Jelinek Patterson Van Woerkom
DeWeese Jellema Perricone Vander Roest
Ehardt Johnson, Rick Pumford Vear
Faunce Johnson, Ruth Raczkowski Voorhees
Garcia Julian Richardville Woronchak
In The Chair: Scranton
Rep. Hale moved to amend the bill as follows:
1. Amend page 18, line 16, after "State." by inserting "The funds appropriated in part 1 for Michigan small businesses shall be utilized to finance the start-up of a statewide program to provide technical and financial assistance to small businesses with less than 20 employees and with annual gross sales of less than $2,000,000.00. Assistance shall be provided in the areas of marketing, grants and loans, international trade, taxes, real estate acquisition, and insurance planning.".
The question being on the adoption of the amendment offered by Rep. Hale,
Rep. Kilpatrick demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Hale,
The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 175 Yeas--48
Bogardus Frank LaForge Schauer
Bovin Garza Lemmons Scott
Brater Gieleghem Lockwood Shackleton
Brewer Hale Mans Sheltrown
Brown, B. Hanley Minore Spade
Callahan Hansen Neumann Stallworth
Cherry Hardman O'Neil Switalski
Clark, I. Jacobs Pestka Tesanovich
Clarke, H. Jamnick Prusi Thomas
Daniels Kelly Quarles Vaughn
DeHart Kilpatrick Reeves Wojno
Dennis Kowall Rivet Woodward
Nays--53
Allen Gilbert Koetje Richner
Birkholz Godchaux Kuipers Rocca
Bisbee Gosselin Kukuk Sanborn
Bishop Green Law Scranton
Brown, C. Hager Mead Shulman
Byl Hart Middaugh Stamas
Cassis Howell Mortimer Tabor
Caul Jansen Pappageorge Toy
DeRossett Jelinek Patterson Van Woerkom
DeVuyst Jellema Perricone Vander Roest
DeWeese Johnson, Rick Pumford Vear
Ehardt Johnson, Ruth Raczkowski Voorhees
Faunce Julian Richardville Woronchak
Garcia
In The Chair: Scranton
Rep. Prusi moved to amend the bill as follows:
1. Amend page 18, following line 19, by inserting:
"Sec. 314. As a condition for receiving funds from the appropriations in part 1, the Michigan economic development corporation shall report to the appropriate house and senate appropriations subcommittees by November1 of each year on the annual salary and bonus received by each of its non-civil service employees during the most recently completed fiscal year.".
The question being on the adoption of the amendment offered by Rep. Prusi,
Rep. Prusi demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Prusi,
The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 176 Yeas--50
Baird Garza Martinez Schauer
Bogardus Gieleghem Middaugh Scott
Bovin Hale Minore Shackleton
Brater Hanley Mortimer Sheltrown
Brewer Hansen Neumann Spade
Brown, B. Hardman O'Neil Stallworth
Callahan Jacobs Pestka Switalski
Cherry Jamnick Price Tesanovich
Clarke, H. Kelly Prusi Thomas
Daniels LaForge Quarles Vaughn
DeHart Lemmons Reeves Wojno
Dennis Lockwood Rivet Woodward
Frank Mans
Nays--54
Allen Garcia Julian Richner
Birkholz Geiger Koetje Rocca
Bisbee Gilbert Kowall Sanborn
Bishop Godchaux Kuipers Scranton
Bradstreet Gosselin Kukuk Shulman
Brown, C. Green Law Stamas
Byl Hager Mead Tabor
Cassis Hart Pappageorge Toy
Caul Howell Patterson Van Woerkom
DeRossett Jansen Perricone Vander Roest
DeVuyst Jelinek Pumford Vear
DeWeese Jellema Raczkowski Voorhees
Ehardt Johnson, Rick Richardville Woronchak
Faunce Johnson, Ruth
In The Chair: Scranton
Rep. Rivet moved to amend the bill as follows:
1. Amend page 18, following line 19, by inserting:
"Sec. 314. As a condition for receiving the general fund/general purpose appropriations in part 1, the Michigan economic development corporation shall limit the combined annual salary and bonus paid to the corporation's chief executive officer to a level that is no greater than the annual salary and bonus paid to the governor of the state of Michigan.".
The question being on the adoption of the amendment offered by Rep. Rivet,
Rep. Rivet demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Rivet,
The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 177 Yeas--43
Bogardus Dennis LaForge Schauer
Bovin Frank Lemmons Scott
Brater Gieleghem Mans Shackleton
Brewer Hale Martinez Sheltrown
Brown, B. Hanley Minore Spade
Callahan Hansen Neumann Switalski
Cherry Hardman Pestka Tesanovich
Clark, I. Jacobs Price Vaughn
Clarke, H. Jamnick Prusi Wojno
Daniels Kelly Reeves Woodward
DeHart Kilpatrick Rivet
Nays--59
Allen Geiger Kowall Richner
Birkholz Gilbert Kuipers Rocca
Bisbee Godchaux Kukuk Sanborn
Bishop Gosselin Law Scranton
Bradstreet Green Lockwood Shulman
Brown, C. Hager Mead Stamas
Byl Hart Middaugh Tabor
Cassis Howell Mortimer Thomas
Caul Jansen O'Neil Toy
DeRossett Jelinek Pappageorge Van Woerkom
DeVuyst Jellema Patterson Vander Roest
DeWeese Johnson, Rick Perricone Vear
Ehardt Johnson, Ruth Pumford Voorhees
Faunce Julian Raczkowski Woronchak
Garcia Koetje Richardville
In The Chair: Scranton
Rep. Hager moved to amend the bill as follows:
1. Amend page 18, following line 19, by inserting:
"Sec. 314. The money appropriated in part 1 to the fund is subject to the condition that none is spent for premiums or advertising material involving personal effects or apparel including, but not limited to, t-shirts, hats, coffee mugs, or other promotional items, except Travel Michigan".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Frank moved to amend the bill as follows:
1. Amend page 15, line 5, after "Michigan." by inserting "In addition, at least $200,000.00 shall be used to promote tourism activities in the eastern region of the state.".
The question being on the adoption of the amendment offered by Rep. Frank,
Rep. Frank demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Frank,
The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 178 Yeas--47
Baird Dennis LaForge Rivet
Bogardus Frank Lemmons Schauer
Bovin Garza Lockwood Scott
Brater Gieleghem Mans Sheltrown
Brewer Hale Martinez Spade
Brown, B. Hanley Minore Stallworth
Callahan Hansen Neumann Switalski
Cherry Hardman O'Neil Tesanovich
Clark, I. Jacobs Price Thomas
Clarke, H. Julian Prusi Vaughn
Daniels Kelly Quarles Wojno
DeHart Kilpatrick Reeves
Nays--57
Allen Geiger Kowall Rocca
Birkholz Gilbert Kuipers Sanborn
Bisbee Godchaux Kukuk Scranton
Bishop Gosselin Law Shackleton
Bradstreet Green Mead Shulman
Brown, C. Hager Middaugh Stamas
Byl Hart Mortimer Tabor
Cassis Howell Pappageorge Toy
Caul Jansen Patterson Van Woerkom
DeRossett Jelinek Perricone Vander Roest
DeVuyst Jellema Pumford Vear
DeWeese Johnson, Rick Raczkowski Voorhees
Ehardt Johnson, Ruth Richardville Woodward
Faunce Koetje Richner Woronchak
Garcia
In The Chair: Scranton
Rep. Rivet moved to amend the bill as follows:
1. Amend page 2, line 16, by striking out "5,483,300" and inserting "3,483,300".
2. Amend page 2, line 17, by striking out "24,557,000" and inserting "14,557,000".
3. Amend page 2, line 19, by striking out "31,000,000" and inserting "8,000,000".
4. Amend page 2, following line 20, by inserting:
"Community college/vocational training scholarships 35,000,000"
and by adjusting the subtotals, totals and section 201 accordingly.
5. Amend page 18, following line 19, following section 314, by inserting:
"Sec. 315. The appropriation in part 1 for community college/vocational training scholarships shall be utilized to provide scholarships to Michigan high school graduates that will allow graduates to attend community colleges or vocational schools for 2 years without tuition cost.".
The question being on the adoption of the amendments offered by Rep. Rivet,
Rep. Rivet demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendments offered by Rep. Rivet,
The amendments were not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 179 Yeas--32
Bogardus Frank LaForge Schauer
Bovin Gieleghem Lemmons Scott
Brewer Hale Mans Sheltrown
Callahan Hanley Neumann Stallworth
Clarke, H. Hansen O'Neil Switalski
Daniels Hardman Quarles Vaughn
DeHart Jacobs Reeves Wojno
Dennis Kelly Rivet Woodward
Nays--70
Allen Garcia Kuipers Richner
Baird Garza Kukuk Rocca
Birkholz Gilbert Law Sanborn
Bisbee Godchaux Lockwood Scranton
Bishop Gosselin Martinez Shackleton
Bradstreet Green Mead Shulman
Brown, B. Hager Middaugh Spade
Brown, C. Hart Mortimer Stamas
Byl Howell Pappageorge Tabor
Cassis Jamnick Patterson Tesanovich
Caul Jansen Perricone Thomas
Cherry Jelinek Pestka Toy
Clark, I. Jellema Price Van Woerkom
DeRossett Johnson, Rick Prusi Vander Roest
DeVuyst Johnson, Ruth Pumford Vear
DeWeese Julian Raczkowski Voorhees
Ehardt Koetje Richardville Woronchak
Faunce Kowall
In The Chair: Scranton
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. 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. 5510, entitled
A bill to make appropriations for the Michigan strategic fund and certain other state purposes for the fiscal year ending September 30, 2001; to provide for the expenditure of the appropriations; and to provide for the disposition of fees and other income received by the state agencies.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 180 Yeas--97
Allen Ehardt Kilpatrick Richner
Baird Faunce Koetje Rocca
Birkholz Frank Kowall Sanborn
Bisbee Garcia Kuipers Schauer
Bishop Garza Kukuk Scott
Bogardus Geiger Law Scranton
Bovin Gieleghem Lemmons Shackleton
Bradstreet Gilbert Lockwood Sheltrown
Brater Godchaux Mans Shulman
Brewer Gosselin Martinez Spade
Brown, B. Green Mead Stallworth
Brown, C. Hager Middaugh Stamas
Byl Hansen Minore Switalski
Callahan Hardman Mortimer Tabor
Cassis Hart O'Neil Tesanovich
Caul Howell Pappageorge Thomas
Cherry Jacobs Patterson Toy
Clark, I. Jamnick Perricone Van Woerkom
Clarke, H. Jansen Pestka Vander Roest
Daniels Jelinek Price Vear
DeHart Jellema Pumford Voorhees
Dennis Johnson, Rick Raczkowski Wojno
DeRossett Johnson, Ruth Reeves Woodward
DeVuyst Julian Richardville Woronchak
DeWeese
Nays--9
Hale LaForge Prusi Rivet
Hanley Neumann Quarles Vaughn
Kelly
In The Chair: Scranton
The House agreed to the title of the bill.
Second Reading of Bills
House Bill No. 5281, entitled
A bill to make appropriations for the department of natural resources for the fiscal year ending September 30, 2001; to provide for the expenditure of those appropriations; to create funds and accounts; to require reports; to prescribe certain powers and duties of certain state agencies and officials; to authorize certain transfers by certain state agencies; and to provide for the disposition of fees and other income received by the various state agencies.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Appropriations,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Patterson moved to amend the bill as follows:
1. Amend page 15, following line 20, by inserting:
"Renovation grants 20,000".
2. Amend page 16, line 13, by striking out "0" and inserting "20,000" and adjusting the subtotals, totals, and section 201 accordingly.
3. Amend page 34, following line 19, by inserting:
"Sec. 1203. The appropriation in part 1 for renovation grants shall be awarded as a grant to Sumpter Township in Wayne County to renovate the Polish national alliance building.".
The motion did not prevail and the amendments were not adopted, a majority of the members serving not voting therefor.
Rep. Patterson moved to amend the bill as follows:
1. Amend page 8, line 24, by striking out "16,264,000" and inserting "16,274,000".
2. Amend page 9, line 10, by striking out "9,303,100" and inserting "9,313,100" and adjusting the subtotals, totals, and section 201 accordingly.
3. Amend page 28, following line 19, by inserting:
"Sec. 605. The appropriation in part 1 for wildlife management includes $10,000.00 to establish and manage turkeys and pheasants in Crosswinds Marsh in Sumpter Township in Wayne County.".
The motion did not prevail and the amendments were not adopted, a majority of the members serving not voting therefor.
______
Rep. Cherry moved that Reps. LaForge and Daniels be excused temporarily from today's session.
The motion prevailed.
Rep. Frank moved to amend the bill as follows:
1. Amend page 30, line 22, after "appropriation." and inserting "The department shall not raise fees if the consensus revenue estimating conference estimates a general fund balance at the end of the current fiscal year.".
The question being on the adoption of the amendment offered by Rep. Frank,
Rep. Frank demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Frank,
The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 181 Yeas--50
Baird Frank Lockwood Schauer
Bogardus Garza Mans Scott
Bovin Gieleghem Martinez Shackleton
Brater Hale Minore Sheltrown
Brewer Hanley Neumann Spade
Brown, B. Hansen O'Neil Stallworth
Callahan Hardman Pestka Switalski
Cherry Howell Price Tesanovich
Clark, I. Jacobs Prusi Thomas
Clarke, H. Jamnick Quarles Vaughn
DeHart Kelly Reeves Wojno
Dennis Kilpatrick Rivet Woodward
Faunce Lemmons
Nays--54
Allen Geiger Kowall Richner
Birkholz Gilbert Kuipers Rocca
Bisbee Godchaux Kukuk Sanborn
Bishop Gosselin Law Scranton
Bradstreet Green Mead Shulman
Brown, C. Hager Middaugh Stamas
Byl Hart Mortimer Tabor
Cassis Jansen Pappageorge Toy
Caul Jelinek Patterson Van Woerkom
DeRossett Jellema Perricone Vander Roest
DeVuyst Johnson, Rick Pumford Vear
DeWeese Johnson, Ruth Raczkowski Voorhees
Ehardt Julian Richardville Woronchak
Garcia Koetje
In The Chair: Scranton
Rep. Hale moved to amend the bill as follows:
1. Amend page 30, following line 14, by inserting:
"Sec. 804. Of the funds appropriated in section 107, $15,000.00 shall be used for the mosquito abatement program along the Rouge River.".
The question being on the adoption of the amendment offered by Rep. Hale,
Rep. Hale demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Hale,
The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 182 Yeas--37
Baird Dennis LaForge Reeves
Bogardus Garza Lemmons Rivet
Brater Hale Mans Scott
Brewer Hanley Minore Stallworth
Brown, B. Hardman O'Neil Switalski
Cherry Jacobs Price Tesanovich
Clark, I. Jamnick Prusi Thomas
Clarke, H. Kelly Quarles Vaughn
Daniels Kilpatrick Raczkowski Woronchak
DeHart
Nays--64
Allen Garcia Julian Richner
Basham Geiger Koetje Rocca
Birkholz Gieleghem Kowall Sanborn
Bisbee Gilbert Kuipers Scranton
Bishop Godchaux Kukuk Shackleton
Bovin Gosselin Law Sheltrown
Bradstreet Green Lockwood Shulman
Brown, C. Hager Mead Spade
Byl Hansen Middaugh Stamas
Cassis Hart Mortimer Tabor
Caul Howell Pappageorge Van Woerkom
DeRossett Jansen Patterson Vander Roest
DeVuyst Jelinek Perricone Vear
DeWeese Jellema Pestka Voorhees
Ehardt Johnson, Rick Pumford Wojno
Faunce Johnson, Ruth Richardville Woodward
In The Chair: Scranton
Rep. Byl moved to amend the bill as follows:
1. Amend page 30, line 23, by striking out all of section 902, and inserting:
"Sec. 902. Of the funds appropriated in section 109, the department shall not allow the amount of timber marked and offered for sale to decrease below 855,000 cords or 69,000 acres, at the current average rate of 12.5 to 13 cords per acre. In addition, the department shall continue its silvicultural analysis and report annually to the legislature on plans and efforts to address factors limiting management. The department shall take into consideration the impact of timber harvesting on wildlife habitat and recreational use.".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Byl moved to amend the bill as follows:
1. Amend page 32, line 9, by striking out all of section 907, and inserting:
"Sec. 907. The appropriation in part 1 for trails includes $70,000.00 to be given as a grant to Michigan rails-to-trails conservancy to establish and support a greenway specialist position. This person shall coordinate trails development in southeast Michigan and be available to work with local officials and trail organizations to implement the southeast Michigan greenways project, and to educate and provide outreach support for the purpose of building public-private partnerships in the development of a 7-county trail network".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Vear moved to amend the bill as follows:
1. Amend page 32, following line 15, by inserting:
"Sec. 908. The funds appropriated in section 109 for the urban tree planting component of the cooperative resources program initiative, will be used for activities consistent with, or complementary to, the proposed "MI Trees for the twenty-first century" program.".
The question being on the adoption of the amendment offered by Rep. Vear,
Rep. Tesanovich moved that consideration of the bill be postponed temporarily.
The motion prevailed.
Senate Bill No. 1006, entitled
A bill to amend 1974 PA 258, entitled "Mental health code," by amending sections 204a and 210 (MCL 330.1204a and 330.1210), section 204a as added and section 210 as amended by 1995 PA 290.
Was read a second time, and the question being on the adoption of the proposed amendment previously recommended by the Committee on Health Policy (for amendment, see House Journal No. 25, p. 441),
The amendment was adopted, a majority of the members serving voting therefor.
Reps. Law and Brater moved to amend the bill as follows:
1. Amend page 1, line 3, after "DEGREE" by striking out "AND" and inserting a comma.
2. Amend page 1, line 4, after "SCHOOL," by inserting "AND HAS ITS MAIN FACILITY IN A CITY HAVING A POPULATION OF 100,000 OR MORE,".
3. Amend page 1, line 9, by striking out all of subsection (2).
The motion prevailed and the amendments were 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. 1006, entitled
A bill to amend 1974 PA 258, entitled "Mental health code," by amending sections 204a and 210 (MCL 330.1204a and 330.1210), section 204a as added and section 210 as amended by 1995 PA 290.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 183 Yeas--106
Allen Frank Kowall Richner
Baird Garcia Kuipers Rivet
Birkholz Garza Kukuk Rocca
Bisbee Geiger LaForge Sanborn
Bishop Gieleghem Law Schauer
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 Quarles Voorhees
DeVuyst Julian Raczkowski Wojno
DeWeese Kelly Reeves Woodward
Ehardt Kilpatrick Richardville Woronchak
Faunce Koetje
Nays--0
In The Chair: Scranton
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
"An act to codify, revise, consolidate, and classify the laws relating to mental health; to prescribe the powers and duties of certain state and local agencies and officials and certain private agencies and individuals; to regulate certain agencies and facilities providing mental health services; to provide for certain charges and fees; to establish civil admission procedures for individuals with mental illness or developmental disabilities; to establish guardianship procedures for individuals with developmental disability; to establish procedures regarding individuals with mental illness or developmental disability who are in the criminal justice system; to provide for penalties and remedies; and to repeal 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.
Second Reading of Bills
Senate Bill No. 1045, entitled
A bill to amend 1998 PA 386, entitled "Estates and protected individuals code," by amending sections 1103, 1105, 1106, 1107, 1213, 1214, 1303, 1402, 2114, 2202, 2203, 2205, 2504, 2519, 2702, 2718, 2807, 3102, 3204, 3301, 3401, 3412, 3414, 3505, 3806, 3807, 3901, 3902, 3917, 3921, 3956, 5101, 5204, 5213, 5219, 5308, 5406, 6302, 6306, 7206, 7303, 7409, 7501, and 7507 (MCL 700.1103, 700.1105, 700.1106, 700.1107, 700.1213, 700.1214, 700.1303, 700.1402, 700.2114, 700.2202, 700.2203, 700.2205, 700.2504, 700.2519, 700.2702, 700.2718, 700.2807, 700.3102, 700.3204, 700.3301, 700.3401, 700.3412, 700.3414, 700.3505, 700.3806, 700.3807, 700.3901, 700.3902, 700.3917, 700.3921, 700.3956, 700.5101, 700.5204, 700.5213, 700.5219, 700.5308, 700.5406, 700.6302, 700.6306, 700.7206, 700.7303, 700.7409, 700.7501, and 700.7507); and to repeal acts and parts of acts.
Was read a second time, and the question being on the adoption of the proposed amendments previously recommended by the Committee on Family and Civil Law (for amendments, see House Journal No. 25, p. 443),
The amendments were adopted, a majority of the members serving voting therefor.
Rep. Switalski moved to amend the bill as follows:
1. Amend page 27, following line 19, by inserting:
"Sec. 2513. Whether or not the provisions relating to a holographic will apply, a will may refer to a written statement or list to dispose of items of tangible personal property not otherwise specifically disposed of by the will, other than money. To be admissible under this section as evidence of the intended disposition, the writing must be EITHER IN THE TESTATOR'S HANDWRITING OR signed by the testator AT THE END, and must describe the items and the devisees with reasonable certainty. The writing may be referred to as one to be in existence at the time of the testator's death; it may be prepared before or after the execution of the will; it may be altered by the testator after its preparation; and it may be a writing that has no significance apart from its effect on the dispositions made by the will.".
2. Amend page 31, line 14, by striking out "signed by me" and inserting a comma and "either in my handwriting or signed by me at the end,".
The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.
Reps. Richner and Baird moved to amend the bill as follows:
1. Amend page 5, following line 20, by inserting:
"Sec. 1104. As used in this act:
(a) "Environmental law" means a federal, state, or local law, rule, regulation, or ordinance that relates to the protection of the environment or human health.
(b) "Estate" includes the property of the decedent, trust, or other person whose affairs are subject to this act as the property is originally constituted and as it exists throughout administration. Except when used in the term "probate estate", estate includes the right of an estate described in section 7502 to proceed against a recipient of a nonprobate transfer on death and against a trust subject to a power of revocation as necessary to enable the estate to discharge claims and family allowances.
(c) "Exempt property" means property of a decedent's estate that is described in section 2404.
(d) "Family allowance" is the allowance prescribed in section 2403.
(e) "Fiduciary" includes, but is not limited to, a personal representative, guardian, conservator, trustee, plenary or partial guardian appointed as provided in chapter 6 of the mental health code, 1974 PA 258, MCL 330.1600 to 330.1644, and successor fiduciary.
(f) "Financial institution" means an organization authorized to do business under state or federal laws relating to a financial institution and includes, but is not limited to, a bank, trust company, savings bank, building and loan association, savings and loan company or association, and credit union.
(g) "Foreign personal representative" means a personal representative appointed by another jurisdiction.
(h) "Formal proceedings" means proceedings conducted before a judge with notice to interested persons.
(i) "General personal representative" means a personal representative other than a special personal representative.
(j) "Governing instrument" means a deed; will; trust; insurance or annuity policy; account with POD designation; security registered in beneficiary form (TOD); pension, profit-sharing, retirement, or similar benefit plan; instrument creating or exercising a power of appointment or a power of attorney; or dispositive, appointive, or nominative instrument of any similar type.
(k) "Guardian" means a person who has qualified as a guardian of a minor or A LEGALLY incapacitated individual under a parental or spousal nomination or a court appointment and includes a limited guardian as described in sections 5205, 5206, and 5306. Guardian does not include a guardian ad litem.
(l) "Hazardous substance" means a substance defined as hazardous or toxic or otherwise regulated by an environmental law.
(m) "Heir" means, except as controlled by section 2720, a person, including the surviving spouse or the state, that is entitled under the statutes of intestate succession to a decedent's property.
(n) "Homestead allowance" means the allowance prescribed in section 2402.".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Richner moved to amend the bill as follows:
1. Amend page 8, following line 6, by inserting:
"(v) A PHYSICIAN'S ASSISTANT LICENSED TO PRACTICE IN THIS STATE UNDER ARTICLE 15 OF THE PUBLIC HEALTH CODE, 1978 PA 368, MCL 333.16101 TO 333.18838.".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Richner moved to amend the bill as follows:
1. Amend page 7, following line 11, subdivision (i), after "MEANS AN INDIVIDUAL" by inserting a comma and "OTHER THAN A MINOR,".
2. Amend page 7, following line 11, subdivision (i), after "OR AND INDIVIDUAL" by inserting a comma and "OTHER THAN A MINOR,".
The motion prevailed and the amendments were 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. Vander Roest moved that Rep. Perricone 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. 1045, entitled
A bill to amend 1998 PA 386, entitled "Estates and protected individuals code," by amending sections 1103, 1105, 1106, 1107, 1213, 1214, 1303, 1402, 2114, 2202, 2203, 2205, 2504, 2519, 2702, 2718, 2807, 3102, 3204, 3301, 3401, 3412, 3414, 3505, 3806, 3807, 3901, 3902, 3917, 3921, 3956, 5101, 5204, 5213, 5219, 5308, 5406, 6302, 6306, 7206, 7303, 7409, 7501, and 7507 (MCL 700.1103, 700.1105, 700.1106, 700.1107, 700.1213, 700.1214, 700.1303, 700.1402, 700.2114, 700.2202, 700.2203, 700.2205, 700.2504, 700.2519, 700.2702, 700.2718, 700.2807, 700.3102, 700.3204, 700.3301, 700.3401, 700.3412, 700.3414, 700.3505, 700.3806, 700.3807, 700.3901, 700.3902, 700.3917, 700.3921, 700.3956, 700.5101, 700.5204, 700.5213, 700.5219, 700.5308, 700.5406, 700.6302, 700.6306, 700.7206, 700.7303, 700.7409, 700.7501, and 700.7507); and to repeal acts and parts of acts.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 184 Yeas--105
Allen Frank Koetje Richner
Baird Garcia Kowall Rivet
Birkholz Garza Kuipers Rocca
Bisbee Geiger Kukuk Sanborn
Bishop Gieleghem LaForge Schauer
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 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
Nays--0
In The Chair: Scranton
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 1998 PA 386, entitled "An act to codify, revise, consolidate, and classify aspects of the law relating to wills and intestacy, relating to the administration and distribution of estates of certain individuals, relating to trusts, and relating to the affairs of certain individuals under legal incapacity; to provide for the powers and procedures of the court that has jurisdiction over these matters; to provide for the validity and effect of certain transfers, contracts, and deposits that relate to death; to provide procedures to facilitate enforcement of certain trusts; and to repeal acts and parts of acts," by amending sections 1103, 1104, 1105, 1106, 1107, 1213, 1214, 1303, 1402, 2114, 2202, 2203, 2205, 2504, 2513, 2519, 2702, 2718, 2807, 3102, 3204, 3301, 3401, 3412, 3414, 3505, 3806, 3807, 3901, 3902, 3917, 3921, 3924, 3956, 5101, 5103, 5202, 5204, 5213, 5219, 5301, 5308, 5310, 5312, 5313, 5314, 5316, 5406, 6302, 6306, 7206, 7303, 7409, 7501, and 7507 (MCL 700.1103, 700.1104, 700.1105, 700.1106, 700.1107, 700.1213, 700.1214, 700.1303, 700.1402, 700.2114, 700.2202, 700.2203, 700.2205, 700.2504, 700.2513, 700.2519, 700.2702, 700.2718, 700.2807, 700.3102, 700.3204, 700.3301, 700.3401, 700.3412, 700.3414, 700.3505, 700.3806, 700.3807, 700.3901, 700.3902, 700.3917, 700.3921, 700.3924, 700.3956, 700.5101, 700.5103, 700.5202, 700.5204, 700.5213, 700.5219, 700.5301, 700.5308, 700.5310, 700.5312, 700.5313, 700.5314, 700.5316, 700.5406, 700.6302, 700.6306, 700.7206, 700.7303, 700.7409, 700.7501, and 700.7507); and to repeal acts and parts of acts.
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
The House returned to the consideration of
House Bill No. 5281, entitled
A bill to make appropriations for the department of natural resources for the fiscal year ending September 30, 2001; to provide for the expenditure of those appropriations; to create funds and accounts; to require reports; to prescribe certain powers and duties of certain state agencies and officials; to authorize certain transfers by certain state agencies; and to provide for the disposition of fees and other income received by the various state agencies.
(The bill was considered earlier today, see today's journal, p. 492.)
The question being on the adoption of the amendment offered previously by Rep. Vear,
Rep. Vear withdrew the amendment.
Rep. Byl 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. 5281, entitled
A bill to make appropriations for the department of natural resources for the fiscal year ending September 30, 2001; to provide for the expenditure of those appropriations; to create funds and accounts; to require reports; to prescribe certain powers and duties of certain state agencies and officials; to authorize certain transfers by certain state agencies; and to provide for the disposition of fees and other income received by the various state agencies.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 185 Yeas--105
Allen Frank Kowall Richner
Baird Garcia Kuipers Rivet
Birkholz Garza Kukuk Rocca
Bisbee Geiger LaForge Sanborn
Bishop Gieleghem Law Schauer
Bogardus Gilbert Lemmons Scott
Bovin Godchaux Lockwood Scranton
Bradstreet Green Mans Shackleton
Brater Hager Martinez Sheltrown
Brewer Hale Mead Shulman
Brown, B. Hanley Middaugh Spade
Brown, C. Hansen Minore Stallworth
Byl Hardman Mortimer Stamas
Callahan Hart Neumann Switalski
Cassis Howell O'Neil Tabor
Caul Jacobs Pappageorge Tesanovich
Cherry Jamnick Patterson Thomas
Clark, I. Jansen Perricone Toy
Clarke, H. Jelinek Pestka Van Woerkom
Daniels Jellema Price Vander Roest
DeHart Johnson, Rick Prusi Vaughn
Dennis Johnson, Ruth Pumford Vear
DeRossett Julian Quarles Voorhees
DeVuyst Kelly Raczkowski Wojno
DeWeese Kilpatrick Reeves Woodward
Ehardt Koetje Richardville Woronchak
Faunce
Nays--1
Gosselin
In The Chair: Scranton
The House agreed to the title of the bill.
Rep. Gosselin, having reserved the right to explain his protest against the passage of the bill, made the following statement:
"Mr. Speaker and members of the House:
200 percent. That is how much faster the rate of growth in this area of government is compared to the rate of inflation. And that is the more generous Detroit region Consumer Price Index (CPI). The U.S. CPI, which applies to those parts of the state which contain most of the natural resources, is just 2.2 percent. That means the rate of growth of this area of government is more than 250 percent greater than inflation. I was elected on a promise to shrink government, not grow it, which is why I vote 'no' on this budget."
Second Reading of Bills
House Bill No. 5125, entitled
A bill to amend 1979 PA 152, entitled "State license fee act," (MCL 338.2201 to 338.2277) by adding section 26.
Was read a second time, and the question being on the adoption of the proposed substitute (H-3) previously recommended by the Committee on Constitutional Law and Ethics,
The substitute (H-3) was adopted, a majority of the members serving voting therefor.
Rep. Voorhees 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. 5125, entitled
A bill to amend 1979 PA 152, entitled "State license fee act," (MCL 338.2201 to 338.2277) by adding section 26.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 186 Yeas--104
Allen Frank Koetje Richardville
Baird Garcia Kowall Richner
Birkholz Garza Kuipers Rivet
Bishop Geiger Kukuk Rocca
Bogardus Gieleghem LaForge Sanborn
Bovin Gilbert Law Schauer
Bradstreet Godchaux Lemmons Scott
Brater Gosselin Lockwood Scranton
Brewer Green Mans Shackleton
Brown, B. Hager Martinez Sheltrown
Brown, C. Hale Mead Shulman
Byl Hanley Middaugh Spade
Callahan Hansen Minore Stamas
Cassis Hardman Mortimer Switalski
Caul Hart Neumann Tabor
Cherry Howell O'Neil Tesanovich
Clark, I. Jacobs Pappageorge Thomas
Clarke, H. Jamnick Patterson Toy
Daniels Jansen Perricone Van Woerkom
DeHart Jelinek Pestka Vander Roest
Dennis Jellema Price Vaughn
DeRossett Johnson, Rick Prusi Vear
DeVuyst Johnson, Ruth Pumford Voorhees
DeWeese Julian Quarles Wojno
Ehardt Kelly Raczkowski Woodward
Faunce Kilpatrick Reeves Woronchak
Nays--1
Bisbee
In The Chair: Scranton
The House agreed to the title of the bill.
Reps. Birkholz, Bishop, Bradstreet, Cameron Brown, Caul, DeHart, DeRossett, DeVuyst, DeWeese, Ehardt, Gosselin, Green, Jansen, Jelinek, Rick Johnson, Ruth Johnson, Koetje, Kuipers, Kukuk, Mans, Mead, O'Neil, Pappageorge, Patterson, Pumford, Sanborn, Shulman, Toy, Van Woerkom, Vander Roest, Vear and Wojno were named co-sponsors of the bill.
Second Reading of Bills
House Bill No. 5128, entitled
A bill to amend 1980 PA 299, entitled "Occupational code," (MCL 339.101 to 339.2721) by adding article 17A.
Was read a second time, and the question being on the adoption of the proposed substitute (H-3) previously recommended by the Committee on Constitutional Law and Ethics,
The substitute (H-3) was adopted, a majority of the members serving voting therefor.
Rep. Bradstreet moved to amend the bill as follows:
1. Amend page 2, line 14, after "WITHIN" by striking out "60" and inserting "120".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Bob Brown moved to amend the bill as follows:
1. Amend page 2, line 24, after "DICTION" by striking out the balance of the line through "FELONY" on line 7, page 3 and inserting a comma and "WAS EVER CONVICTED OF A CRIME" and relettering the remaining subdivisions.
2. Amend page 3, line 26, after "(B)," by striking out "(C), OR (D)" and inserting "OR (C)".
The motion did not prevail and the amendments were not adopted, a majority of the members serving not voting therefor.
Rep. Bradstreet 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. 5128, entitled
A bill to amend 1980 PA 299, entitled "Occupational code," (MCL 339.101 to 339.2721) by adding article 17A.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 187 Yeas--104
Allen Faunce Kilpatrick Richardville
Baird Frank Koetje Richner
Birkholz Garcia Kowall Rivet
Bisbee Garza Kuipers Rocca
Bishop Geiger Kukuk Sanborn
Bogardus Gieleghem LaForge Schauer
Bovin Gilbert Lemmons Scott
Bradstreet Godchaux Lockwood Scranton
Brater Gosselin Mans Shackleton
Brewer Green Martinez Sheltrown
Brown, B. Hager Mead Shulman
Brown, C. Hale Middaugh Spade
Byl Hanley Minore Stamas
Callahan Hansen Mortimer Switalski
Cassis Hardman Neumann Tabor
Caul Hart O'Neil Tesanovich
Cherry Howell Pappageorge Thomas
Clark, I. Jacobs Patterson Toy
Clarke, H. Jamnick Perricone Van Woerkom
Daniels Jansen Pestka Vander Roest
DeHart Jelinek Price Vaughn
Dennis Jellema Prusi Vear
DeRossett Johnson, Rick Pumford Voorhees
DeVuyst Johnson, Ruth Quarles Wojno
DeWeese Julian Raczkowski Woodward
Ehardt Kelly Reeves Woronchak
Nays--0
In The Chair: Scranton
The House agreed to the title of the bill.
Reps. Birkholz, Bishop, Cameron Brown, Callahan, Cassis, DeHart, DeRossett, DeVuyst, Gosselin, Green, Jansen, Jelinek, Rick Johnson, Koetje, Kuipers, Mead, Mortimer, Pappageorge, Patterson, Sheltrown, Van Woerkom, Vander Roest, Vear and Voorhees were named co-sponsors of the bill.
Second Reading of Bills
House Bill No. 5130, entitled
A bill to amend 1980 PA 299, entitled "Occupational code," (MCL 339.101 to 339.2721) by adding article 17A.
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. Tabor 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. Price moved that Reps. Tesanovich and Prusi be excused temporarily from today's session.
The motion prevailed.
By unanimous consent the House returned to the order of
Third Reading of Bills
House Bill No. 5130, entitled
A bill to amend 1980 PA 299, entitled "Occupational code," (MCL 339.101 to 339.2721) by adding article 17A.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 188 Yeas--101
Allen Faunce Kelly Reeves
Baird Frank Kilpatrick Richardville
Birkholz Garcia Koetje Richner
Bisbee Garza Kowall Rivet
Bishop Geiger Kuipers Rocca
Bogardus Gieleghem Kukuk Sanborn
Bovin Gilbert LaForge Schauer
Bradstreet Godchaux Lemmons Scranton
Brater Gosselin Lockwood Shackleton
Brewer Green Mans Sheltrown
Brown, B. Hager Martinez Shulman
Brown, C. Hale Mead Spade
Byl Hanley Middaugh Stamas
Callahan Hansen Minore Switalski
Cassis Hardman Mortimer Tabor
Caul Hart Neumann Thomas
Cherry Howell O'Neil Toy
Clark, I. Jacobs Pappageorge Van Woerkom
Clarke, H. Jamnick Patterson Vander Roest
Daniels Jansen Perricone Vaughn
DeHart Jelinek Pestka Vear
Dennis Jellema Price Voorhees
DeRossett Johnson, Rick Pumford Wojno
DeVuyst Johnson, Ruth Quarles Woodward
DeWeese Julian Raczkowski Woronchak
Ehardt
Nays--0
In The Chair: Scranton
The House agreed to the title of the bill.
______
Rep. Hale moved that Rep. Thomas be excused from the balance of today's session.
The motion prevailed.
Second Reading of Bills
House Bill No. 5469, entitled
A bill to amend 1980 PA 299, entitled "Occupational code," (MCL 339.101 to 339.2721) by adding section 523.
The bill was read a second time.
Rep. Sheltrown 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. 5469, entitled
A bill to amend 1980 PA 299, entitled "Occupational code," (MCL 339.101 to 339.2721) by adding section 523.
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.
Second Reading of Bills
House Bill No. 5134, entitled
A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 3805 (MCL 600.3805).
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. Schermesser 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. 5134, entitled
A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 3805 (MCL 600.3805).
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 189 Yeas--101
Allen Frank Kilpatrick Richardville
Baird Garcia Koetje Richner
Birkholz Garza Kowall Rivet
Bishop Geiger Kuipers Rocca
Bogardus Gieleghem Kukuk Sanborn
Bovin Gilbert LaForge Schauer
Bradstreet Godchaux Lemmons Scott
Brater Gosselin Lockwood Scranton
Brewer Green Mans Shackleton
Brown, B. Hager Mead Sheltrown
Brown, C. Hale Middaugh Shulman
Byl Hanley Minore Spade
Callahan Hansen Mortimer Stamas
Cassis Hardman Neumann Switalski
Caul Hart O'Neil Tabor
Cherry Howell Pappageorge Tesanovich
Clark, I. Jacobs Patterson Toy
Clarke, H. Jamnick Perricone Van Woerkom
Daniels Jansen Pestka Vander Roest
DeHart Jelinek Price Vaughn
Dennis Jellema Prusi Vear
DeRossett Johnson, Rick Pumford Voorhees
DeVuyst Johnson, Ruth Quarles Wojno
DeWeese Julian Raczkowski Woodward
Ehardt Kelly Reeves Woronchak
Faunce
Nays--1
Bisbee
In The Chair: Scranton
The House agreed to the title of the bill
.
The House returned to the consideration of
House Bill No. 5469, entitled
A bill to amend 1980 PA 299, entitled "Occupational code," (MCL 339.101 to 339.2721) by adding section 523.
(The bill was considered earlier today, see today's journal, p. 504.)
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. 190 Yeas--100
Allen Faunce Koetje Richardville
Baird Frank Kowall Richner
Birkholz Garcia Kuipers Rivet
Bisbee Geiger Kukuk Rocca
Bishop Gieleghem LaForge Sanborn
Bogardus Gilbert Lemmons Schauer
Bovin Godchaux Lockwood Scott
Bradstreet Gosselin Mans Scranton
Brater Green Martinez Shackleton
Brewer Hager Mead Sheltrown
Brown, B. Hale Middaugh Shulman
Brown, C. Hanley Minore Spade
Byl Hansen Mortimer Stamas
Callahan Hardman Neumann Switalski
Cassis Hart O'Neil Tabor
Caul Howell Pappageorge Tesanovich
Clark, I. Jacobs Patterson Toy
Clarke, H. Jamnick Perricone Van Woerkom
Daniels Jansen Pestka Vander Roest
DeHart Jelinek Price Vaughn
Dennis Jellema Prusi Vear
DeRossett Johnson, Rick Pumford Voorhees
DeVuyst Johnson, Ruth Quarles Wojno
DeWeese Julian Raczkowski Woodward
Ehardt Kelly Reeves Woronchak
Nays--0
In The Chair: Scranton
The House agreed to the title of the bill.
Reps. Birkholz, Cameron Brown, Callahan, Cassis, DeRossett, DeVuyst, Gosselin, Jansen, Kuipers, Kukuk, Mans, Mead, Mortimer, Neumann, Patterson, Rivet, Toy, Van Woerkom, Vander Roest, Vear and Voorhees were named co-sponsors of the bill.
Second Reading of Bills
House Bill No. 5132, entitled
A bill to amend 1980 PA 299, entitled "Occupational code," (MCL 339.101 to 339.2721) by adding article 17A.
Was read a second time, and the question being on the adoption of the proposed substitute (H-4) previously recommended by the Committee on Constitutional Law and Ethics,
The substitute (H-4) was adopted, a majority of the members serving voting therefor.
Rep. Brater moved to amend the bill as follows:
1. Amend page 1, following "THE PEOPLE OF THE STATE OF MICHIGAN ENACT:" by inserting:
"TITLE
An act to revise, consolidate, and classify the laws of this state regarding the regulation of certain occupations; to create a board for each of those occupations; to establish the powers and duties of certain departments and agencies and the boards of each occupation; to provide for the promulgation of rules; to provide for certain fees; to provide for penalties and civil fines; to establish rights, relationships, and remedies of certain persons under certain circumstances; TO ESTABLISH CERTAIN EMPLOYMENT RELATIONSHIPS UNDER CERTAIN CIRCUMSTANCES; to repeal certain parts of this act on a specific date; and to repeal certain acts and parts of acts.".
2. Amend page 2, following line 18, by inserting:
"SEC. 2413. (1) WHETHER A PERSON IS AN EMPLOYEE OF A LICENSEE UNDER THIS ARTICLE OR OF ANY OTHER PERSON ENGAGED IN CONSTRUCTION, ALTERATION, OR MAINTENANCE OF ANY STRUCTURE OR OF ANY INFRASTRUCTURE NOT LICENSED UNDER THIS ARTICLE IS DETERMINED ON THE BASIS OF THE FOLLOWING FACTORS:
(A) IF THE RELATIONSHIP IS TERMINABLE AT WILL, THE EXTENT OF LIABILITY, IF ANY, THE EMPLOYER INCURS UPON TERMINATION.
(B) WHETHER THE WORK BEING PERFORMED IS AN INTEGRAL PART OF THE EMPLOYER'S BUSINESS THAT CONTRIBUTES TO THE ACCOMPLISHMENT OF A COMMON OBJECTIVE.
(C) THE WORK IS OF SUCH A NATURE THAT THE WORKER PRIMARILY DEPENDS UPON THE COMPENSATION FOR PAYMENT OF HIS OR HER LIVING EXPENSES.
(D) WHETHER THE WORKER FURNISHED HIS OR HER OWN EQUIPMENT AND MATERIALS.
(E) THE EXTENT THAT THE WORKER HOLDS HIMSELF OR HERSELF OUT TO THE PUBLIC AS SOMEONE READY AND ABLE TO PERFORM TASKS OF THE EMPLOYER.
(F) WHETHER THE WORK IS CUSTOMARILY PERFORMED BY AN INDEPENDENT CONTRACTOR.
(G) WHETHER THE EMPLOYER HAS THE ABILITY TO CONTROL THE WORKER'S ACTIVITIES, PAYS WAGES, MAINTAINS DISCIPLINE, OR ENGAGES OR DISCHARGES THE WORKER.
(2) A LICENSEE, BUSINESS ENTITY, CONTRACTOR, SUBCONTRACTOR, OR ANY OTHER PERSON SHALL NOT CONSIDER A CONSTRUCTION MECHANIC OR OTHER PERSON THAT IS AN EMPLOYEE AS DETERMINED UNDER SUBSECTION (1) TO BE AN INDEPENDENT CONTRACTOR. AN EMPLOYEE HAS A CAUSE OF ACTION AGAINST A LICENSEE, BUSINESS ENTITY, CONTRACTOR, SUBCONTRACTOR, OR ANY OTHER PERSON THAT IS DETERMINED BY THE DEPARTMENT OR A COURT OF COMPETENT JURISDICTION TO BE IN VIOLATION OF THIS SUBSECTION AND MAY RECOVER BACK WAGES, BENEFITS, AND ACTUAL ATTORNEY FEES.
(3) THE DEPARTMENT OR A COURT, IN ISSUING ANY ORDER OR JUDGMENT PURSUANT TO SUBSECTION (2), SHALL REQUIRE THE PERSON AGAINST WHOM THE ORDER OR JUDGMENT IS ISSUED TO REPORT THE ENTRY OF THE ORDER OR JUDGMENT TO THE MICHIGAN BUREAU OF WORKERS' DISABILITY COMPENSATION, MICHIGAN UNEMPLOYMENT AGENCY, THE MICHIGAN DEPARTMENT OF TREASURY, AND THE INTERNAL REVENUE SERVICE OF THE UNITED STATES.
(4) AS USED IN THIS SECTION, "CONSTRUCTION MECHANIC" MEANS A SKILLED OR UNSKILLED MECHANIC, LABORER, WORKER, HELPER, ASSISTANT, OR APPRENTICE WORKING ON OR ENGAGED IN CONSTRUCTION, ALTERATION, OR MAINTENANCE OF ANY STRUCTURE OR OF ANY INFRASTRUCTURE.".
The question being on the adoption of the amendments offered by Rep. Brater,
Rep. Brater demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendments offered by Rep. Brater,
Point of Order
Rep. Raczkowski requested a ruling from the Chair regarding the germaneness of the amendments offered by Rep. Brater.
The Chair ruled that the amendments are not germane pursuant to House Rule 64. The amendments introduce a new proposition which is not germane to the subject matter of the bill as it was originally introduced and as it is currently before the House.
Rep. Kilpatrick appealed the decision of the Chair.
The question being, "Shall the judgment of the Chair stand as the judgment of the House?"
The judgment of the Chair stood as the judgment of the House, a majority of the members present and voting, voting therefor, by yeas and nays, as follows:
Roll Call No. 191 Yeas--55
Allen Garcia Julian Richner
Birkholz Geiger Koetje Rocca
Bisbee Gilbert Kowall Sanborn
Bishop Godchaux Kuipers Scranton
Bradstreet Gosselin Kukuk Shackleton
Brown, C. Green Mead Shulman
Byl Hager Middaugh Stamas
Cassis Hart Mortimer Tabor
Caul Howell Pappageorge Toy
DeRossett Jansen Patterson Van Woerkom
DeVuyst Jelinek Perricone Vander Roest
DeWeese Jellema Pumford Vear
Ehardt Johnson, Rick Raczkowski Woronchak
Faunce Johnson, Ruth Richardville
Nays--47
Baird Dennis LaForge Rivet
Bogardus Frank Lemmons Schauer
Bovin Garza Lockwood Scott
Brater Gieleghem Mans Sheltrown
Brewer Hale Minore Spade
Brown, B. Hanley Neumann Stallworth
Callahan Hansen O'Neil Switalski
Cherry Hardman Pestka Tesanovich
Clark, I. Jacobs Price Vaughn
Clarke, H. Jamnick Prusi Wojno
Daniels Kelly Quarles Woodward
DeHart Kilpatrick Reeves
In The Chair: Scranton
Rep. Koetje 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. 5132, entitled
A bill to amend 1980 PA 299, entitled "Occupational code," (MCL 339.101 to 339.2721) by adding article 17A.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 192 Yeas--103
Allen Frank Koetje Richner
Baird Garcia Kowall Rivet
Birkholz Garza Kuipers Rocca
Bisbee Geiger Kukuk Sanborn
Bishop Gieleghem LaForge Schauer
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 Toy
Clark, I. Jamnick Perricone Van Woerkom
Daniels Jansen Pestka Vander Roest
DeHart Jelinek Price Vaughn
Dennis Jellema Prusi Vear
DeRossett Johnson, Rick Pumford Voorhees
DeVuyst Johnson, Ruth Quarles Wojno
DeWeese Julian Raczkowski Woodward
Ehardt Kelly Reeves Woronchak
Faunce Kilpatrick Richardville
Nays--0
In The Chair: Scranton
The House agreed to the title of the bill.
Reps. Allen, Birkholz, Bishop, Cameron Brown, Callahan, Cassis, DeHart, DeRossett, DeVuyst, DeWeese, Ehardt, Gosselin, Howell, Jansen, Jelinek, Julian, Kuipers, Kukuk, Mans, Mead, O'Neil, Pappageorge, Patterson, Pumford, Sheltrown, Tabor, Toy, Vander Roest, Van Woerkom, Vear, Voorhees and Wojno were named co-sponsors of the bill.
Second Reading of Bills
House Bill No. 5129, entitled
A bill to amend 1980 PA 299, entitled "Occupational code," (MCL 339.101 to 339.2721) by adding article 17A.
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. Cameron Brown 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. 5129, entitled
A bill to amend 1980 PA 299, entitled "Occupational code," (MCL 339.101 to 339.2721) by adding article 17A.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 193 Yeas--102
Allen Frank Koetje Richardville
Baird Garcia Kowall Richner
Birkholz Garza Kuipers Rivet
Bisbee Geiger Kukuk Rocca
Bishop Gieleghem LaForge Sanborn
Bovin Gilbert Lemmons Schauer
Bradstreet Godchaux Lockwood Scott
Brater Gosselin Mans Scranton
Brewer Green Martinez Shackleton
Brown, B. Hager Mead Sheltrown
Brown, C. Hale Middaugh Shulman
Byl Hanley Minore Spade
Callahan Hansen Mortimer Stamas
Cassis Hardman Neumann Switalski
Caul Hart O'Neil Tabor
Cherry Howell Pappageorge Tesanovich
Clark, I. Jacobs Patterson Toy
Clarke, H. Jamnick Perricone Van Woerkom
Daniels Jansen Pestka Vander Roest
DeHart Jelinek Price Vaughn
Dennis Jellema Prusi Vear
DeRossett Johnson, Rick Pumford Voorhees
DeVuyst Johnson, Ruth Quarles Wojno
DeWeese Julian Raczkowski Woodward
Ehardt Kelly Reeves Woronchak
Faunce Kilpatrick
Nays--0
In The Chair: Scranton
The House agreed to the title of the bill.
Reps. Allen, Birkholz, Bishop, Bradstreet, Callahan, Caul, DeHart, DeVuyst, DeWeese, Gosselin, Green, Howell, Jansen, Jelinek, Rick Johnson, Ruth Johnson, Julian, Koetje, Kuipers, Kukuk, Mans, Mead, Pappageorge, Patterson, Pumford, Tabor, Toy, Van Woerkom, Vander Roest, Vear, Voorhees and Wojno were named co-sponsors of the bill.
Second Reading of Bills
House Bill No. 5133, entitled
A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding section 5208.
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. Brater moved to amend the bill as follows:
1. Amend page 7, following line 12, by inserting:
"SEC. 20155A. THE DEPARTMENT SHALL INCREASE THE NUMBER OF FULL-TIME EMPLOYEES CONDUCTING VISITS TO HOMES FOR THE AGED UNDER SECTION 20155 BY 10 IN EACH OF THE NEXT 3 FISCAL YEARS FOLLOWING THE EFFECTIVE DATE OF THE AMENDATORY ACT THAT ADDED THIS SECTION.".
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,
Point of Order
Rep. Raczkowski requested a ruling from the Chair regarding the germaneness of the amendment offered by Rep. Brater.
The Chair ruled that the amendment is not germane pursuant to House Rule 64. The amendment introduces a new proposition which is not germane to the subject matter of the bill as it was originally introduced and as it is currently before the House.
Rep. Toy 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. 5133, entitled
A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding section 5208.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 194 Yeas--88
Allen Frank Koetje Richner
Birkholz Garcia Kowall Rivet
Bisbee Garza Kuipers Rocca
Bishop Geiger Kukuk Sanborn
Bogardus Gieleghem LaForge Schauer
Bovin Gilbert Lockwood Scranton
Bradstreet Godchaux Mans Shackleton
Brewer Gosselin Mead Sheltrown
Brown, B. Green Middaugh Shulman
Brown, C. Hager Mortimer Spade
Byl Hale Neumann Stamas
Callahan Hanley O'Neil Switalski
Cassis Hansen Pappageorge Tabor
Caul Hart Patterson Tesanovich
Clark, I. Howell Perricone Toy
Clarke, H. Jansen Pestka Van Woerkom
DeHart Jelinek Price Vander Roest
DeRossett Jellema Prusi Vear
DeVuyst Johnson, Rick Pumford Voorhees
DeWeese Johnson, Ruth Raczkowski Wojno
Ehardt Julian Reeves Woodward
Faunce Kelly Richardville Woronchak
Nays--11
Brater Jacobs Lemmons Scott
Daniels Jamnick Martinez Vaughn
Hardman Kilpatrick Minore
In The Chair: Scranton
The House agreed to the title of the bill.
Reps. Birkholz, Bishop, Bradstreet, Cameron Brown, Callahan, Cassis, Caul, DeHart, DeRossett, DeVuyst, Ehardt, Gosselin, Green, Howell, Jansen, Jelinek, Rick Johnson, Julian, Koetje, Kuipers, Kukuk, Lockwood, Mead, Mortimer, O'Neil, Pappageorge, Patterson, Pumford, Sanborn, Sheltrown, Shulman, Tabor, Van Woerkom, Vander Roest, Vear and Voorhees were named co-sponsors of the bill.
Rep. Raczkowski moved that when the House adjourns today it stand adjourned until Wednesday, March 22, at 12:00 Noon.
The motion prevailed.
By unanimous consent the House returned to the order of
Motions and Resolutions
Reps. Scranton, DeHart, Kelly, Faunce, Jansen, LaForge, Hanley, Lemmons, Julian, Garcia, Ehardt, Vander Roest, Baird, Kowall, Shulman, Birkholz, Richner, Howell, Rick Johnson, DeRossett, Voorhees, Toy, Koetje, Cassis, Cherry, Raczkowski, Mead, Pappageorge, Hale, Allen, Scott, Jamnick and Hager offered the following resolution:
House Resolution No. 303.
A resolution honoring Becky Young.
Whereas, It is a pleasure to offer congratulations to Becky Young upon her selection as the Middle School Science Teacher of the Year. With the record that this talented and energetic teacher has compiled over the years, this is a most fitting symbol of excellence in an endeavor of great importance to every citizen, business, and institution in this state--the education of our young people; and
Whereas, Michigan has a long tradition of belief in the value of education. Our state was the first to provide in its constitution for an officer with statewide duties in public education. In the settlements in all parts of the state, hiring a schoolteacher and finding a place to hold classes were always among the first tasks marking a sense of community for the pioneers; and
Whereas, In receiving the Middle School Science Teacher of the Year, Becky Young is being singled out for her efforts in several areas. In addition to specific innovations in the classroom, study units, and programs, she is being honored for success in the most fundamental component of learning. She is exceptionally talented in motivating middle school students in the sciences. We applaud the dedication she has consistently displayed and offer our thanks for the manner in which both students and other educators benefit from all of this hard work; now, therefore, be it
Resolved by the House of Representatives, That the members of the this legislative body join in honoring Becky Young upon her selection for Michigan Middle School Science Teacher of the Year honors; and be it further
Resolved, That a copy of this resolution be transmitted to Becky Young as a token of our respect for her fine work.
Pending the reference of the resolution to a committee,
Rep. Raczkowski moved that Rule 77 be suspended and the resolution be considered at this time.
The motion prevailed, 3/5 of the members present voting therefor.
The question being on the adoption of the resolution,
The resolution was adopted.
Reps. Raczkowski and Kilpatrick offered the following resolution:
House Concurrent Resolution No. 89.
A concurrent resolution prescribing the legislative schedule.
Resolved by the House of Representatives (the Senate concurring), That when the House of Representatives adjourns on Thursday, March 23, 2000, it stand adjourned until Tuesday, April 11, 2000, at 10:00 a.m.
Pending the reference of the concurrent resolution to a committee,
Rep. Raczkowski moved that Rule 77 be suspended and the concurrent 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 concurrent resolution,
The concurrent resolution was adopted.
Reports of Standing Committees
The Committee on Appropriations, by Rep. Geiger, Chair, reported
House Bill No. 5276, entitled
A bill to make appropriations for the department of environmental quality for the fiscal year ending September 30, 2001; to provide for the expenditure of those appropriations; to create funds and accounts; to require reports; to prescribe certain powers and duties of certain state agencies and officials; to authorize certain transfers by certain state agencies; and to provide for the disposition of fees and other income received by the various 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 5276 To Report Out:
Yeas: Reps. Jellema, Cameron Brown, Byl, Caul, Jelinek, Mead, Mortimer, Pappageorge, Pumford, Scranton, Stamas, Toy, Price, Cherry, Clarke, Frank, Martinez, Pestka, Prusi, Stallworth, Tesanovich,
Nays: None.
The Committee on Appropriations, by Rep. Geiger, Chair, reported
House Bill No. 5277, entitled
A bill to make appropriations for the family independence agency and certain state purposes related to public welfare services for the fiscal year ending September 30, 2001; to provide for the expenditure of the appropriations; to create funds; to provide for the imposition of fees; to provide for reports; to provide for the disposition of fees and other income received by the state agency; and to provide for the powers and duties of certain individuals, local governments, and state departments, agencies, and officers.
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 5277 To Report Out:
Yeas: Reps. Geiger, Jellema, Cameron Brown, Caul, Jansen, Jelinek, Mead, Mortimer, Pappgeorge, Pumford, Scranton, Stamas, Toy, Price, Cherry, Clarke, Frank, 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: Friday, March 17, 2000, at 11:00 a.m.,
Present: Reps. Geiger, Jellema, Cameron Brown, Byl, Caul, Jansen, Jelinek, Mead, Mortimer, Pappageorge, Pumford, Scranton, Stamas, Toy, Price, Cherry, Clarke, Frank, Martinez, Pestka, Prusi, Stallworth, Tesanovich,
Absent: Reps. Godchaux, Kukuk, LaSata, Kelly,
Excused: Reps. Godchaux, Kukuk, LaSata, Kelly.
The Committee on Education, by Rep. Ruth Johnson, Vice-Chair, reported
Senate Bill No. 588, 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
SB 588 To Report Out:
Yeas: Reps. Allen, Ruth Johnson, DeWeese, Hager, Hart, Rick Johnson, Kuipers, Van Woerkom, Bogardus, Clark, Daniels, Gieleghem, Hansen, Scott, Spade,
Nays: None.
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Ruth Johnson, Vice-Chair of the Committee on Education, was received and read:
Meeting held on: Tuesday, March 21, 2000, at 10:00 a.m.,
Present: Reps. Allen, Ruth Johnson, Bradstreet, DeWeese, Hager, Hart, Rick Johnson, Kuipers, Van Woerkom, Voorhees, Bogardus, Clark, Daniels, Gieleghem, Hansen, Scott, Spade.
The Committee on Family and Civil Law, by Rep. Richner, Chair, reported
Senate Bill No. 1051, entitled
A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending sections 8151 and 8152 (MCL 600.8151 and 600.8152), section 8152 as amended by 1990 PA 54.
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
SB 1051 To Report Out:
Yeas: Reps. Richner, Shulman, Hart, Sanborn, Voorhees, Baird, Switalski,
Nays: Rep. Minore.
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: Tuesday, March 21, 2000, at 9:00 a.m.,
Present: Reps. Richner, Shulman, Hart, Sanborn, Voorhees, Baird, Minore, Switalski,
Absent: Reps. Koetje, Law, Schermesser,
Excused: Reps. Koetje, Law, Schermesser.
The Committee on Criminal Law and Corrections, by Rep. Faunce, Chair, reported
House Bill No. 4784, entitled
A bill to amend 1953 PA 232, entitled "An act to revise, consolidate, and codify the laws relating to probationers and probation officers, to pardons, reprieves, commutations, and paroles, to the administration of correctional institutions, correctional farms, and probation recovery camps, to prisoner labor and correctional industries, and to the supervision and inspection of local jails and houses of correction; to provide for the siting of correctional facilities; to create a state department of corrections, and to prescribe its powers and duties; to provide for the transfer to and vesting in said department of powers and duties vested by law in certain other state boards, commissions, and officers, and to abolish certain boards, commissions, and offices the powers and duties of which are transferred by this act; to allow for the operation of certain facilities by private entities; to prescribe the powers and duties of certain other state departments and agencies; to provide for the creation of a local lockup advisory board; to prescribe penalties for the violation of the provisions of this act; to make certain appropriations; to repeal certain parts of this act on specific dates; and to repeal all acts and parts of acts inconsistent with the provisions of this act," by amending section 62b (MCL 791.262b), as amended by 1988 PA 492.
With the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
HB 4784 To Report Out:
Yeas: Reps. Faunce, Howell, Bishop, Julian, Richner, Sanborn, Shulman, Baird, Jacobs, O'Neil,
Nays: None.
The Committee on Criminal Law and Corrections, by Rep. Faunce, Chair, reported
Senate Bill No. 378, entitled
A bill to amend 1931 PA 328, entitled "The Michigan penal code," (MCL 750.1 to 750.568) by adding section 174a.
With the recommendation that the substitute (H-4) be adopted and that the bill then pass.
The bill and substitute were referred to the order of Second Reading of Bills.
Favorable Roll Call
SB 378 To Report Out:
Yeas: Reps. Faunce, Howell, Bishop, Julian, Richner, Sanborn, Shulman, Baird, Jacobs, O'Neil,
Nays: None.
The Committee on Criminal Law and Corrections, by Rep. Faunce, Chair, reported
Senate Bill No. 597, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 16i of chapter XVII (MCL 777.16i), as added by 1998 PA 317.
With the recommendation that the substitute (H-1) be adopted and that the bill then pass.
The bill and substitute were referred to the order of Second Reading of Bills.
Favorable Roll Call
SB 597 To Report Out:
Yeas: Reps. Faunce, Howell, Bishop, Julian, Richner, Sanborn, Shulman, Baird, Jacobs, O'Neil,
Nays: None.
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Faunce, Chair of the Committee on Criminal Law and Corrections, was received and read:
Meeting held on: Tuesday, March 21, 2000, at 10:30 a.m.,
Present: Reps. Faunce, Howell, Bishop, Julian, Richner, Sanborn, Shulman, Baird, Jacobs, O'Neil,
Absent: Rep. Callahan,
Excused: Rep. Callahan.
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Garcia, Chair of the Committee on Economic Development, was received and read:
Meeting held on: Tuesday, March 21, 2000, at 9:00 a.m.,
Present: Reps. Garcia, Kowall, Bisbee, Richardville, Van Woerkom, Bob Brown, Lockwood, Vaughn,
Absent: Rep. Mans,
Excused: Rep. Mans.
Announcement by the Clerk of Printing and Enrollment
The Clerk announced that the following bill had been printed and placed upon the files of the members, Wednesday, March 15:
Senate Bill No. 1166
The Clerk announced the enrollment printing and presentation to the Governor on Friday, March 17, for his approval of the following bill:
Enrolled House Bill No. 5144 at 11:22 a.m.
The Clerk announced that the following bills had been printed and placed upon the files of the members, Friday, March 17:
House Bill Nos. 5512 5513 5514 5515 5516 5517 5518 5519
The Clerk announced the enrollment printing and presentation to the Governor on Monday, March 20, for his approval of the following bills:
Enrolled House Bill No. 4026 at 10:33 a.m.
Enrolled House Bill No. 4305 at 10:35 a.m.
Enrolled House Bill No. 5143 at 10:37 a.m.
Enrolled House Bill No. 5341 at 10:39 a.m.
The Clerk announced that the following Senate bills had been received on Tuesday, March 21:
Senate Bill Nos. 801 892
By unanimous consent the House returned to the order of
Messages from the Senate
Senate Bill No. 801, entitled
A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 7o (MCL 211.7o), as amended by 1998 PA 536.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Senate Bill No. 892, entitled
A bill to amend 1941 PA 122, entitled "An act to establish a revenue division of the department of treasury; to prescribe its powers and duties as the revenue collection agency of the state; to prescribe certain powers and duties of the state treasurer; to regulate the importation, stamping, and disposition of certain tobacco products; to create the position and to define the powers and duties of the state commissioner of revenue; to provide for the transfer of powers and duties now vested in certain other state boards, commissions, departments and offices; to prescribe certain duties of and require certain reports from the department of treasury; to provide procedures for the payment, administration, audit, assessment, levy of interests or penalties on, and appeals of taxes and tax liability; to prescribe its powers and duties if an agreement to act as agent for a city to administer, collect, and enforce the city income tax act on behalf of a city is entered into with any city; to provide an appropriation; to abolish the state board of tax administration; to prescribe penalties and provide remedies; and to declare the effect of this act," by amending section 28 (MCL 205.28), as amended by 1998 PA 221.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Senate Concurrent Resolution No. 35.
A concurrent resolution prescribing the legislative schedule.
Resolved by the Senate (the House of Representatives concurring), That when the Senate adjourns on Thursday, April 13, 2000, it stands adjourned until Tuesday, May 2, 2000, at 10:00 a.m.
The Senate has adopted the concurrent resolution.
Pending the reference of the concurrent resolution to a committee,
Rep. Raczkowski moved that Rule 77 be suspended and the concurrent 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 concurrent resolution,
The concurrent resolution was adopted.
Notices
I hereby give notice that on the next legislative session day I will move to discharge the Committee on Education from further consideration of House Bill No. 4740.
Rep. Jacobs
Messages from the Governor
Date: March 15, 2000
Time: 2:45 p.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 4620 (Public Act No. 35, I.E.), being
An act to amend 1956 PA 218, entitled "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," by amending section 1224 (MCL 500.1224), as amended by 1981 PA 1.
(Filed with the Secretary of State March 17, 2000, at 10:50 a.m.)
Date: March 15, 2000
Time: 2:50 p.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 4969 (Public Act No. 36, I.E.), being
An act to amend 1949 PA 300, entitled "An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of owners and operators of vehicles and service of process on residents and nonresidents; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date," by amending section 226 (MCL 257.226), as amended by 1992 PA 297, and by adding section 801i.
(Filed with the Secretary of State March 17, 2000, at 10:52 a.m.)
Date: March 15, 2000
Time: 2:55 p.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 4742 (Public Act No. 37, I.E.), being
An act 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 5205 (MCL 333.5205), as amended by 1997 PA 57.
(Filed with the Secretary of State March 17, 2000, at 10:54 a.m.)
Communications from State Officers
The following communications from the Secretary of State were received and read:
Notices of Filing
Administrative Rules
March 8, 2000
In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6 this is to advise you that the Office of Regulatory Reform, Legal Division filed at 2:20 P.M. this date, administrative rule (00-03-13) for the Department of Environmental Quality, Surface Water Quality Division and Waste Management Division, entitled "Wastewater Discharge Permits", effective 15 days hereafter.
March 8, 2000
In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6 this is to advise you that the Office of Regulatory Reform, Legal Division filed at 2:22 P.M. this date, administrative rule (00-03-14) for the Department of Environmental Quality, Environmental Assistance Division, entitled "Clean Corporate Citizen Program", effective 15 days hereafter.
Sincerely,
Candice S. Miller
Secretary of State
James Fackler, Acting Supervisor
Office of the Great Seal
The communications were referred to the Clerk.
The following communication from the Auditor General was received and read:
March 17, 2000
Enclosed is a copy of the following audit report and/or executive digest:
Performance Audit of the
Legal Incapacitation, Involuntary Hospitalization
or Treatment, and Not-Guilty-by-Reason-of-Insanity
Court Order Information Within the Law
Enforcement Information Network
March 2000
Sincerely,
Thomas H. McTavish, C.P.A.
Auditor General
The communication was referred to the Clerk and the accompanying report referred to the Committee on House Oversight and Operations.
Introduction of Bills
Reps. Kowall, Van Woerkom, Pappageorge, DeVuyst, Richner, Rick Johnson, Gilbert and Birkholz introduced
House Bill No. 5520, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 80113 (MCL 324.80113), as added by 1995 PA 58.
The bill was read a first time by its title and referred to the Committee on Conservation and Outdoor Recreation.
Reps. Kowall, Van Woerkom, Pappageorge, DeVuyst, Richner, Rick Johnson, Gilbert and Birkholz introduced
House Bill No. 5521, entitled
A bill to amend 1969 PA 306, entitled "Administrative procedures act of 1969," by amending section 7 (MCL 24.207), as amended by 1999 PA 262.
The bill was read a first time by its title and referred to the Committee on Conservation and Outdoor Recreation.
Reps. Kowall, Bovin, Hager, Tabor, Mortimer, Pappageorge, Koetje, Vear, Richner, Rick Johnson, Lockwood, Godchaux, Gieleghem, Allen, Daniels, Minore and Birkholz introduced
House Bill No. 5522, entitled
A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding part 94a.
The bill was read a first time by its title and referred to the Committee on Health Policy.
Reps. Kowall, Julian, Shackleton, Gilbert, DeRossett, Gosselin, Bisbee, Allen, Birkholz, Richardville, Shulman, Richner, Faunce, Van Woerkom, Bovin, Mortimer, Pappageorge, Bishop, Law, Sanborn, Gieleghem, Tabor, Koetje, Vear, Rick Johnson, DeVuyst, Lockwood and Daniels introduced
House Bill No. 5523, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 5204 and 5205 (MCL 333.5204 and 333.5205), section 5204 as added and section 5205 as amended by 1997 PA 57.
The bill was read a first time by its title and referred to the Committee on Health Policy.
Reps. Spade, Raczkowski, Neumann, Schermesser, Jellema, Bovin, DeRossett, Lockwood, Basham, Bradstreet, Hager, Woodward, Bogardus, LaSata, Mans, Rivet, Schauer, Wojno, Richardville, Pappageorge, Jamnick, Jacobs, Brater, Baird, Garza, Rison, Kilpatrick, Callahan, Dennis, Tesanovich, O'Neil, Sheltrown, Vander Roest, Vear, Hansen, Daniels, Pestka, LaForge, Kowall, Frank, Allen, Green, Cherry, Switalski, Clark, Kelly, Thomas, Martinez, Price, Prusi, Rocca, Tabor, Scott, Reeves, Gieleghem, Mead, Pumford, Jelinek, Hale, Bob Brown, Minore, Garcia, Toy and Lemmons introduced
House Bill No. 5524, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 707e (MCL 257.707e).
The bill was read a first time by its title and referred to the Committee on Local Government and Urban Policy.
Reps. Garza, Hale, Garcia, DeWeese, Jamnick, Hansen, Bogardus, Gieleghem, LaForge, Schauer, Kilpatrick, DeHart, Dennis, Clark, Hardman, Reeves, Sheltrown, Basham, Ehardt, Scott, Jacobs, Clarke, Martinez, Price, Hanley, LaSata, Howell, Byl, Kuipers, Hager, Kowall, Voorhees, Jellema, Minore, Quarles, Thomas, Cherry, Birkholz, Richardville and Lemmons introduced
House Bill No. 5525, entitled
A bill to designate March 31 of each year as Cesar Chavez day in the state of Michigan.
The bill was read a first time by its title and referred to the Committee on House Oversight and Operations.
Reps. Middaugh, Ruth Johnson, Toy, Pappageorge, Van Woerkom, Mortimer, Birkholz, Scranton, Tabor and Callahan introduced
House Bill No. 5526, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding part 802; and to repeal acts and parts of acts.
The bill was read a first time by its title and referred to the Committee on Conservation and Outdoor Recreation.
Reps. Koetje, Jelinek, Toy, Birkholz, Bishop, Vear, Law, Pappageorge and Patterson introduced
House Bill No. 5527, entitled
A bill to amend 1962 PA 174, entitled "Uniform commercial code," by amending section 2201 (MCL 440.2201).
The bill was read a first time by its title and referred to the Committee on Family and Civil Law.
Reps. Bob Brown, Schermesser, Woodward, Switalski, Spade, Jamnick, Jacobs, Thomas, Scott and Hale introduced
House Bill No. 5528, entitled
A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding section 6234.
The bill was read a first time by its title and referred to the Committee on Health Policy.
Reps. Bob Brown, Schermesser, Sheltrown, Basham, Woodward, Switalski, Spade, Jamnick and Hale introduced
House Bill No. 5529, entitled
A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 2 (MCL 211.2), as amended by 1993 PA 313.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Reps. Bob Brown, Schermesser, Sheltrown, Bovin, Basham, Toy, Woodward, Schauer, Switalski, Bogardus, Spade, Jamnick, Jacobs, Thomas, Scott and Hale introduced
House Bill No. 5530, entitled
A bill to require certain consumer reporting agencies to provide a toll-free telephone number for consumers; to require certain consumer reporting agencies to maintain and disclose to third parties certain information relating to certain consumers under certain circumstances; and to prescribe remedies and penalties.
The bill was read a first time by its title and referred to the Committee on Insurance and Financial Services.
Reps. Bob Brown, Schermesser, Sheltrown, Bovin, Basham, Bogardus, Richardville, Switalski, Spade, Jacobs, Thomas, Scott and Hale introduced
House Bill No. 5531, entitled
A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 4 (MCL 380.4) and by adding sections 1295, 1531d, and 1705.
The bill was read a first time by its title and referred to the Committee on Education.
Reps. Bob Brown, Schermesser, Bovin, Woodward, Switalski, Spade, Jamnick, Thomas, Scott and Hale introduced
House Bill No. 5532, entitled
A bill to amend 1968 PA 2, entitled "Uniform budgeting and accounting act," by amending section 4 (MCL 141.424), as amended by 1996 PA 439.
The bill was read a first time by its title and referred to the Committee on Local Government and Urban Policy.
Reps. Bob Brown, Schermesser, Sheltrown, Bovin, Basham, Woodward, Bogardus, Schauer, Cherry, Switalski, Spade, Jamnick, Jacobs, Thomas, Scott, Hale and Sanborn introduced
House Bill No. 5533, entitled
A bill to amend 1973 PA 116, entitled "An act to provide for the protection of children through the licensing and regulation of child care organizations; to provide for the establishment of standards of care for child care organizations; to prescribe powers and duties of certain departments of this state and adoption facilitators; to provide penalties; and to repeal acts and parts of acts," by amending section 5 (MCL 722.115), as amended by 1998 PA 519, and by adding sections 5c, 5d, and 5e.
The bill was read a first time by its title and referred to the Committee on Family and Children Services.
Reps. Hager, Allen, Voorhees, Bradstreet, Van Woerkom, Rick Johnson, Sheltrown, Garcia, Kowall, Gilbert, Ehardt, Tabor, Richardville, DeRossett, Patterson, Hart, Rocca, Ruth Johnson, Pumford, Sanborn, Godchaux, Julian, Faunce, Switalski, Shulman and Middaugh introduced
House Bill No. 5534, entitled
A bill to establish career and technical preparation enrollment options for certain students enrolled in Michigan schools; to prescribe certain duties of public schools and certain postsecondary institutions; to prescribe certain powers and duties of certain state departments, officials, and agencies; and to repeal acts and parts of acts.
The bill was read a first time by its title and referred to the Committee on Education.
Reps. Ruth Johnson, Rocca, Spade, Allen, Bishop, Hart, Schauer and Birkholz introduced
House Bill No. 5535, entitled
A bill to amend 1915 PA 31, entitled "Youth tobacco act," by amending the title and sections 1, 2, and 4 (MCL 722.641, 722.642, and 722.644), the title and section 4 as amended by 1992 PA 272 and sections 1 and 2 as amended by 1988 PA 314.
The bill was read a first time by its title and referred to the Committee on Family and Civil Law.
Rep. DeWeese moved that the House adjourn.
The motion prevailed, the time being 10:00 p.m.
Associate Speaker Pro Tempore Scranton declared the House adjourned until Wednesday, March 22, at 12:00 Noon.
GARY L. RANDALL
Clerk of the House of Representatives.