No. 41
STATE OF MICHIGAN
JOURNAL
OF THE
House of Representatives
90th Legislature
REGULAR SESSION OF 2000
House Chamber, Lansing, Tuesday, May 9, 2000.
2:00 p.m.
The House was called to order by the Speaker Pro Tempore.
The roll was called by the Clerk of the House of Representatives, who announced that a quorum was present.
Allen--present
Baird--present
Basham--present
Birkholz--present
Bisbee--present
Bishop--present
Bogardus--present
Bovin--present
Bradstreet--present
Brater--present
Brewer--present
Brown, Bob--present
Brown, Cameron--present
Byl--present
Callahan--present
Cassis--present
Caul--present
Cherry--present
Clark--present
Clarke--present
Daniels--present
DeHart--present
Dennis--present
DeRossett--present
DeVuyst--present
DeWeese--present
Ehardt--present
Faunce--present
Frank--present
Garcia--present
Garza--present
Geiger--present
Gieleghem--present
Gilbert--present
Godchaux--present
Gosselin--present
Green--present
Hager--present
Hale--present
Hanley--present
Hansen--present
Hardman--present
Hart--present
Howell--present
Jacobs--present
Jamnick--present
Jansen--present
Jelinek--present
Jellema--present
Johnson, Rick--present
Johnson, Ruth--present
Julian--present
Kelly--present
Kilpatrick--present
Koetje--present
Kowall--present
Kuipers--present
Kukuk--present
LaForge--present
LaSata--present
Law--excused
Lemmons--present
Lockwood--present
Mans--present
Martinez--present
Mead--present
Middaugh--present
Minore--present
Mortimer--present
Neumann--present
O'Neil--present
Pappageorge--present
Patterson--present
Perricone--present
Pestka--present
Price--present
Prusi--present
Pumford--present
Quarles--present
Raczkowski--present
Reeves--present
Richardville--present
Richner--present
Rison--present
Rivet--present
Rocca--present
Sanborn--present
Schauer--present
Schermesser--present
Scott--present
Scranton--present
Shackleton--present
Sheltrown--present
Shulman--present
Spade--present
Stallworth--present
Stamas--present
Switalski--present
Tabor--present
Tesanovich--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
Rev. Michael Arbanas, from St. Clement Orthodox Church in Dearborn, offered the following invocation:
"O Lord our God, when the newly-crowned King Solomon humbly prayed for an understanding mind, in order that he might discern between good and evil and rule Your people with justice and mercy, You gave him wisdom and understanding beyond measure. Grant now, Lord, wisdom and discernment to the members of this chamber as they undertake the work before them. We pray that their deliberations and their decisions might reflect Your justice, Your mercy, and above all, Your love for all humankind, always, now and ever, and unto the ages of ages. Amen."
______
Rep. DeWeese moved that Rep. Law be excused from today's session.
The motion prevailed.
Rep. Jellema moved that Rep. Scranton be excused temporarily from today's session.
The motion prevailed.
Messages from the Senate
The Speaker laid before the House
House Bill No. 4684, entitled
A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 2162 (MCL 600.2162), as amended by 1994 PA 67.
(The bill was received from the Senate on May 4 with amendment and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 40, p. 878.)
The question being on concurring in the amendment made to the bill by the Senate,
The amendment was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 348 Yeas--86
Allen Faunce Kowall Rocca
Baird Frank Kuipers Sanborn
Basham Garcia LaSata Schauer
Birkholz Geiger Lockwood Schermesser
Bisbee Gieleghem Mans Shackleton
Bishop Gilbert Mead Shulman
Bogardus Godchaux Middaugh Spade
Bovin Gosselin Mortimer Stallworth
Bradstreet Green Neumann Stamas
Brewer Hager O'Neil Switalski
Brown, B. Hanley Pappageorge Tabor
Brown, C. Hart Patterson Tesanovich
Byl Howell Perricone Thomas
Cassis Jacobs Pestka Toy
Caul Jamnick Prusi Van Woerkom
Clarke, H. Jansen Pumford Vander Roest
DeHart Jelinek Raczkowski Vear
Dennis Jellema Reeves Voorhees
DeRossett Johnson, Rick Richardville Wojno
DeVuyst Johnson, Ruth Richner Woodward
DeWeese Julian Rivet Woronchak
Ehardt Koetje
Nays--20
Brater Garza Kilpatrick Minore
Callahan Hale Kukuk Price
Cherry Hansen LaForge Scott
Clark, I. Hardman Lemmons Sheltrown
Daniels Kelly Martinez Vaughn
In The Chair: Birkholz
The House agreed to the full title of the bill.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
Second Reading of Bills
House Bill No. 5638, entitled
A bill to designate December 7 of each year as Pearl Harbor day in the state of Michigan.
The bill was read a second time.
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. 5638, entitled
A bill to designate December 7 of each year as Pearl Harbor day in the state of Michigan.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 349 Yeas--106
Allen Frank Kowall Rison
Baird Garcia Kuipers Rivet
Basham Garza Kukuk Rocca
Birkholz Geiger LaForge Sanborn
Bisbee Gieleghem LaSata Schauer
Bishop Gilbert Lemmons Schermesser
Bogardus Godchaux Lockwood Scott
Bovin Gosselin Mans Shackleton
Bradstreet Green Martinez Sheltrown
Brater Hager Mead Shulman
Brewer Hale Middaugh Spade
Brown, B. Hanley Minore Stallworth
Brown, C. Hansen Mortimer Stamas
Byl Hardman Neumann Switalski
Callahan Hart O'Neil Tabor
Cassis Howell Pappageorge Tesanovich
Caul Jacobs Patterson Thomas
Cherry Jamnick Pestka Toy
Clark, I. Jansen Price Van Woerkom
Clarke, H. Jelinek Prusi Vander Roest
Daniels Jellema Pumford Vaughn
DeHart Johnson, Rick Quarles Vear
Dennis Johnson, Ruth Raczkowski Voorhees
DeRossett Julian Reeves Wojno
DeWeese Kelly Richardville Woodward
Ehardt Kilpatrick Richner Woronchak
Faunce Koetje
Nays--0
In The Chair: Birkholz
The House agreed to the title of the bill.
Rep. Raczkowski moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Reps. Baird, Bishop, Bogardus, Bovin, Brater, Bob Brown, Callahan, Cherry, Clark, Clarke, Daniels, DeHart, DeRossett, Ehardt, Garza, Gieleghem, Hale, Hanley, Hardman, Hart, Jacobs, Jamnick, Jelinek, Jellema, Rick Johnson, Julian, Kelly, Kilpatrick, Lemmons, Lockwood, Martinez, Mead, Mortimer, Neumann, O'Neil, Pestka, Price, Prusi, Pumford, Raczkowski, Rivet, Schauer, Schermesser, Scott, Sheltrown, Shulman, Spade, Stallworth, Tabor, Thomas, Vander Roest, Vaughn, Vear, Wojno and Woodward were named co-sponsors of the bill.
Second Reading of Bills
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 second time.
Rep. Kowall moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed, a majority of the members voting therefor.
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. 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.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 350 Yeas--107
Allen Faunce Koetje Rison
Baird Frank Kowall Rivet
Basham Garcia Kuipers Rocca
Birkholz Garza Kukuk Sanborn
Bisbee Geiger LaForge Schauer
Bishop Gieleghem LaSata Schermesser
Bogardus Gilbert Lemmons Scott
Bovin Godchaux Lockwood Shackleton
Bradstreet Gosselin Mans Sheltrown
Brater Green Martinez Shulman
Brewer Hager Mead Spade
Brown, B. Hale Middaugh Stallworth
Brown, C. Hanley Minore Stamas
Byl Hansen Mortimer Switalski
Callahan Hardman Neumann Tabor
Cassis Hart O'Neil Tesanovich
Caul Howell Pappageorge Thomas
Cherry Jacobs Patterson Toy
Clark, I. Jamnick Pestka Van Woerkom
Clarke, H. Jansen Price Vander Roest
Daniels Jelinek Prusi Vaughn
DeHart Jellema Pumford Vear
Dennis Johnson, Rick Quarles Voorhees
DeRossett Johnson, Ruth Raczkowski Wojno
DeVuyst Julian Reeves Woodward
DeWeese Kelly Richardville Woronchak
Ehardt Kilpatrick Richner
Nays--0
In The Chair: Birkholz
The House agreed to the title of the bill.
Rep. Raczkowski moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
______
Rep. Frank asked and obtained an excuse from tomorrow's session.
Second Reading of Bills
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 second time.
Rep. Kowall moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed, a majority of the members voting therefor.
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 Reps. Bisbee and 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
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.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 351 Yeas--106
Allen Frank Kowall Rison
Baird Garcia Kuipers Rivet
Basham Garza Kukuk Rocca
Birkholz Geiger LaForge Sanborn
Bishop Gieleghem LaSata Schauer
Bogardus Gilbert Lemmons Schermesser
Bovin Godchaux Lockwood Scott
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 Pestka Toy
Clarke, H. Jansen Price Van Woerkom
Daniels Jelinek Prusi Vander Roest
DeHart Jellema Pumford Vaughn
Dennis Johnson, Rick Quarles Vear
DeRossett Johnson, Ruth Raczkowski Voorhees
DeVuyst Julian Reeves Wojno
DeWeese Kelly Richardville Woodward
Ehardt Kilpatrick Richner Woronchak
Faunce Koetje
Nays--0
In The Chair: Birkholz
The House agreed to the title of the bill.
Rep. Raczkowski moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Second Reading of Bills
House Bill No. 5595, entitled
A bill to repeal 1921 PA 350, entitled "An act to authorize and direct the state highway commissioner to lay out and establish a trunk line highway from a point on the boundary line between the states of Michigan and Indiana southwest to Mottville on the Elkhart road to Port Sanilac in Sanilac county, and from New Buffalo in Berrien county, through Buchanan, Niles, Cassopolis, Vandalia, Fabius, Three Rivers, Fishers' Lake, Mendon, Leonidas, Union City, Burlington, Tekonsha, Homer, Concord, Spring Arbor, to Jackson in Jackson county, passing through certain intermediate towns, villages and cities, to be known and designated as the Colgrove highway," (MCL 250.171).
The bill was read a second time.
Rep. Jelinek 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. 5595, entitled
A bill to repeal 1921 PA 350, entitled "An act to authorize and direct the state highway commissioner to lay out and establish a trunk line highway from a point on the boundary line between the states of Michigan and Indiana southwest to Mottville on the Elkhart road to Port Sanilac in Sanilac county, and from New Buffalo in Berrien county, through Buchanan, Niles, Cassopolis, Vandalia, Fabius, Three Rivers, Fishers' Lake, Mendon, Leonidas, Union City, Burlington, Tekonsha, Homer, Concord, Spring Arbor, to Jackson in Jackson county, passing through certain intermediate towns, villages and cities, to be known and designated as the Colgrove highway," (MCL 250.171).
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 352 Yeas--105
Allen Garcia Kowall Rison
Baird Garza Kuipers Rivet
Basham Geiger Kukuk Rocca
Birkholz Gieleghem LaForge Sanborn
Bishop Gilbert LaSata Schauer
Bogardus Godchaux Lemmons Schermesser
Bovin Gosselin Lockwood Scott
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 Pestka Toy
Clarke, H. Jelinek Price Van Woerkom
Daniels Jellema Prusi Vander Roest
DeHart Johnson, Rick Pumford Vaughn
Dennis Johnson, Ruth Quarles Vear
DeRossett Julian Raczkowski Voorhees
DeVuyst Kelly Reeves Wojno
DeWeese Kilpatrick Richardville Woodward
Ehardt Koetje Richner Woronchak
Faunce
Nays--0
In The Chair: Birkholz
The House agreed to the title of the bill.
Rep. Raczkowski moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Second Reading of Bills
House Bill No. 5596, entitled
A bill to repeal 1919 PA 36, entitled "An act to regulate the planting of ornamental, nut bearing or other food producing trees along the highways of the state of Michigan, or in public places, and for the maintenance, protection and care of such trees and to provide a penalty for injury thereof, or for stealing the products thereof," (MCL 247.231 to 247.235).
The bill was read a second time.
Rep. Vear 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. Cassis be excused from today's session.
The motion prevailed.
By unanimous consent the House returned to the order of
Third Reading of Bills
House Bill No. 5596, entitled
A bill to repeal 1919 PA 36, entitled "An act to regulate the planting of ornamental, nut bearing or other food producing trees along the highways of the state of Michigan, or in public places, and for the maintenance, protection and care of such trees and to provide a penalty for injury thereof, or for stealing the products thereof," (MCL 247.231 to 247.235).
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 353 Yeas--96
Allen Garcia Kowall Rison
Basham Geiger Kuipers Rivet
Birkholz Gieleghem Kukuk Rocca
Bisbee Gilbert LaForge Sanborn
Bishop Godchaux LaSata Schauer
Bovin Gosselin Lockwood Schermesser
Bradstreet Green Mans Scott
Brewer Hager Mead Shackleton
Brown, B. Hale Middaugh Sheltrown
Brown, C. Hanley Minore Shulman
Byl Hansen Mortimer Spade
Callahan Hardman Neumann Stallworth
Caul Hart O'Neil Stamas
Clark, I. Howell Pappageorge Tabor
Clarke, H. Jamnick Patterson Thomas
Daniels Jansen Pestka Toy
DeHart Jelinek Price Van Woerkom
Dennis Jellema Prusi Vander Roest
DeRossett Johnson, Rick Pumford Vaughn
DeVuyst Johnson, Ruth Quarles Vear
DeWeese Julian Raczkowski Voorhees
Ehardt Kelly Reeves Wojno
Faunce Kilpatrick Richardville Woodward
Frank Koetje Richner Woronchak
Nays--9
Baird Cherry Lemmons Switalski
Bogardus Jacobs Martinez Tesanovich
Brater
In The Chair: Birkholz
The House agreed to the title of the bill.
Rep. Raczkowski moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Second Reading of Bills
House Bill No. 5597, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by repealing sections 663, 664, 665, and 666 (MCL 257.663, 257.664, 257.665, and 257.666).
The bill was read a second time.
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. 5597, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by repealing sections 663, 664, 665, and 666 (MCL 257.663, 257.664, 257.665, and 257.666).
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 354 Yeas--104
Allen Ehardt Koetje Rison
Baird Faunce Kowall Rivet
Basham Frank Kuipers Rocca
Birkholz Garcia Kukuk Sanborn
Bisbee Geiger LaForge Schauer
Bishop Gieleghem LaSata Schermesser
Bogardus Gilbert Lemmons Scott
Bovin Godchaux Lockwood Scranton
Bradstreet Gosselin Mans Shackleton
Brater Green Martinez Sheltrown
Brewer Hager Mead Shulman
Brown, B. Hale Middaugh Spade
Brown, C. Hanley Minore Stallworth
Byl Hansen Mortimer Stamas
Callahan Hardman O'Neil Switalski
Cassis Hart Pappageorge Tabor
Caul Howell Patterson Tesanovich
Cherry Jacobs Pestka Toy
Clark, I. Jamnick Price Van Woerkom
Clarke, H. Jansen Prusi Vander Roest
Daniels Jelinek Pumford Vaughn
DeHart Jellema Quarles Vear
Dennis Johnson, Rick Raczkowski Voorhees
DeRossett Johnson, Ruth Reeves Wojno
DeVuyst Julian Richardville Woodward
DeWeese Kelly Richner Woronchak
Nays--0
In The Chair: Birkholz
The House agreed to the title of the bill.
Rep. Raczkowski moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Second Reading of Bills
House Bill No. 5602, entitled
A bill to repeal 1921 PA 324, entitled "An act to authorize and direct the state highway commissioner to lay out and establish a trunk line highway commencing at the section corner common to sections 15, 16, 21 and 22, town 14 north, range 7 west, Wheatland township, Mecosta county, thence running due north through the village of Barryton, Mecosta county, and the village of Marion, Osceola county, to the city of McBain in Missaukee county, thence due north on the township line between town 21 north, range 7 west, and 21 north, range 8 west, to the southwest corner to section 25, town 22 north, range 8 west," (MCL 250.151).
The bill was read a second time.
Rep. Pumford 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. 5602, entitled
A bill to repeal 1921 PA 324, entitled "An act to authorize and direct the state highway commissioner to lay out and establish a trunk line highway commencing at the section corner common to sections 15, 16, 21 and 22, town 14 north, range 7 west, Wheatland township, Mecosta county, thence running due north through the village of Barryton, Mecosta county, and the village of Marion, Osceola county, to the city of McBain in Missaukee county, thence due north on the township line between town 21 north, range 7 west, and 21 north, range 8 west, to the southwest corner to section 25, town 22 north, range 8 west," (MCL 250.151).
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 355 Yeas--106
Allen Faunce Koetje Rison
Baird Frank Kowall Rivet
Basham Garcia Kuipers Rocca
Birkholz Garza Kukuk Sanborn
Bisbee Geiger LaSata Schauer
Bishop Gieleghem Lemmons Schermesser
Bogardus Gilbert Lockwood Scott
Bovin Godchaux Mans Scranton
Bradstreet Gosselin Martinez Shackleton
Brater Green Mead Sheltrown
Brewer Hager Middaugh Shulman
Brown, B. Hale Minore Spade
Brown, C. Hanley Mortimer Stallworth
Byl Hansen Neumann Stamas
Callahan Hardman O'Neil Switalski
Cassis Hart Pappageorge Tabor
Caul Howell Patterson Tesanovich
Cherry Jacobs Pestka Toy
Clark, I. Jamnick Price Van Woerkom
Clarke, H. Jansen Prusi Vander Roest
Daniels Jelinek Pumford Vaughn
DeHart Jellema Quarles Vear
Dennis Johnson, Rick Raczkowski Voorhees
DeRossett Johnson, Ruth Reeves Wojno
DeVuyst Julian Richardville Woodward
DeWeese Kelly Richner Woronchak
Ehardt Kilpatrick
Nays--0
In The Chair: Birkholz
The House agreed to the title of the bill.
Rep. Raczkowski moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Second Reading of Bills
House Bill No. 5603, entitled
A bill to repeal acts and parts of acts.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Transportation,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Hager 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. 5603, entitled
A bill 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. 356 Yeas--103
Allen Ehardt Koetje Rivet
Baird Faunce Kowall Rocca
Basham Frank Kuipers Sanborn
Birkholz Garcia Kukuk Schauer
Bisbee Garza LaSata Schermesser
Bishop Gieleghem Lemmons Scott
Bogardus Gilbert Lockwood Scranton
Bovin Godchaux Mans Shackleton
Bradstreet Gosselin Martinez Sheltrown
Brater Green Mead Shulman
Brewer Hager Middaugh Spade
Brown, B. Hale Minore Stallworth
Brown, C. Hanley Mortimer Stamas
Byl Hansen Neumann Switalski
Callahan Hardman O'Neil Tabor
Cassis Hart Pappageorge Tesanovich
Caul Howell Patterson Toy
Cherry Jacobs Pestka Van Woerkom
Clark, I. Jamnick Price Vander Roest
Clarke, H. Jansen Prusi Vaughn
Daniels Jelinek Pumford Vear
DeHart Jellema Quarles Voorhees
Dennis Johnson, Rick Raczkowski Wojno
DeRossett Johnson, Ruth Richardville Woodward
DeVuyst Julian Richner Woronchak
DeWeese Kelly Rison
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 repeal 1935 PA 147, entitled "An act authorizing the acquisition, improvement, construction, operation and maintenance of certain public works by the state; providing for the creation of the state bridge commission; authorizing the issuance of revenue bonds of the state payable solely from earnings to pay the cost of such works; making such bonds exempt from taxation and making them eligible for certain investments; providing for the collection of fees, rents, tolls and other charges for the payment of such bonds and for the cost of maintenance, operation and repair of the works; declaring that no debt of the state shall be incurred in the exercise of any of the powers granted by this act; and providing for condemnation," (MCL 254.151 to 254.167) and to repeal 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
House Bill No. 5604, entitled
A bill to repeal 1947 PA 294, entitled "An act to enable the state bridge commission to sell certain real estate subject to certain limitations and to direct the disposition of the proceeds of said sale," (MCL 254.181).
The bill was read a second time.
Rep. Hager 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. 5604, entitled
A bill to repeal 1947 PA 294, entitled "An act to enable the state bridge commission to sell certain real estate subject to certain limitations and to direct the disposition of the proceeds of said sale," (MCL 254.181).
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 357 Yeas--106
Allen Faunce Kuipers Rivet
Baird Frank Kukuk Rocca
Basham Garcia LaForge Sanborn
Birkholz Garza LaSata Schauer
Bisbee Gieleghem Lemmons Schermesser
Bishop Gilbert Lockwood Scott
Bogardus Godchaux Mans Scranton
Bovin Gosselin Martinez Shackleton
Bradstreet Green Mead Sheltrown
Brater Hager Middaugh Shulman
Brewer Hale Minore Spade
Brown, B. Hanley Mortimer Stallworth
Brown, C. Hardman Neumann Stamas
Byl Hart O'Neil Switalski
Callahan Howell Pappageorge Tabor
Cassis Jacobs Patterson Tesanovich
Caul Jamnick Pestka Thomas
Cherry Jansen Price Toy
Clark, I. Jelinek Prusi Van Woerkom
Clarke, H. Jellema Pumford Vander Roest
Daniels Johnson, Rick Quarles Vaughn
DeHart Johnson, Ruth Raczkowski Vear
Dennis Julian Reeves Voorhees
DeRossett Kelly Richardville Wojno
DeVuyst Kilpatrick Richner Woodward
DeWeese Koetje Rison Woronchak
Ehardt Kowall
Nays--0
In The Chair: Birkholz
The House agreed to the title of the bill.
Rep. Raczkowski moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Second Reading of Bills
House Bill No. 5620, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 662 (MCL 257.662).
The bill was read a second time.
Rep. Gilbert 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. 5620, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 662 (MCL 257.662).
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 358 Yeas--106
Allen Faunce Koetje Rison
Baird Frank Kowall Rivet
Basham Garcia Kuipers Rocca
Birkholz Garza Kukuk Sanborn
Bisbee Geiger LaForge Schauer
Bishop Gieleghem LaSata Schermesser
Bogardus Gilbert Lemmons Scott
Bovin Godchaux Lockwood Scranton
Bradstreet Gosselin Mans Shackleton
Brater Green Martinez Sheltrown
Brewer Hager Mead Shulman
Brown, B. Hale Middaugh Spade
Brown, C. Hanley Minore Stallworth
Byl Hansen Mortimer Stamas
Callahan Hardman Neumann Switalski
Cassis Hart O'Neil Tabor
Caul Howell Pappageorge Tesanovich
Cherry Jacobs Patterson Thomas
Clark, I. Jamnick Pestka Toy
Clarke, H. Jansen Price Van Woerkom
Daniels Jelinek Prusi Vander Roest
DeHart Jellema Pumford Vaughn
Dennis Johnson, Rick Raczkowski Vear
DeRossett Johnson, Ruth Reeves Voorhees
DeVuyst Julian Richardville Woodward
DeWeese Kelly Richner Woronchak
Ehardt Kilpatrick
Nays--0
In The Chair: Birkholz
The House agreed to the title of the bill.
Rep. Raczkowski moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
______
Rep. Raczkowski moved that House Committees be given leave to meet during the balance of today's session.
The motion prevailed.
By unanimous consent the House returned to the order of
Motions and Resolutions
Reps. DeWeese, DeHart, Jamnick, Cherry, Kelly, Brater, Richner, Scott, LaForge, Spade, Raczkowski, Vander Roest, Garcia, Van Woerkom, LaSata, Faunce, Shulman, Hager, Koetje, Cassis, Shackleton, Voorhees, Ehardt, Vear, Mead, Jacobs, Bisbee, Schauer, Gosselin, Pappageorge, Baird, Lockwood, Kowall, Julian, Birkholz, Prusi, Bovin, Minore, Switalski, Lemmons, Middaugh, Bishop, Tesanovich, Kilpatrick, Jansen, DeRossett, Mortimer and Vaughn offered the following resolution:
House Resolution No. 342.
A resolution of accolade for Bishop James A. Murray, D.D., J.C.D., Bishop of the Diocese of Kalamazoo.
Whereas, The House of Representatives would like to recognize Bishop James A. Murray as honoree of the Jubilee class of the 4th Degree of the Knights of Columbus. The Jubilee Year 2000 exemplification and centennial celebration honoring Bishop James A. Murray, will be held April 28 and 29, 2000, at the St. Thomas Aquinas Church in East Lansing; and
Whereas, The honoree of this history-making Jubilee class, Bishop James A. Murray, was called by God into the priesthood at a very young age. He was ordained at the age of 25 as a Catholic priest for the Diocese of Lansing on June 7, 1958. On June 13, 1993, he was named by Pope John Paul II as Honoree Prelate (Monsignor). He served as Rector of St. Mary Cathedral in Lansing and Chancellor of the Diocese of Lansing until his appointment as the bishop of the Diocese of Kalamazoo on January 27, 1998; and
Whereas, This honoree, also a member of the 4th Degree of the Knights of Columbus, stands as a model for all Knights as a "Jubilee Catholic" ... one who boldly follows Christ into a new century with faith, hope, love, joy, and commitment; and
Whereas, Bishop Murray shared with all he met his commitment to the quality of all human life, showing great care for the less fortunate. Bishop Murray is a strong believer in the importance of catholic education and always found the resources to help those that desired a catholic education but were unable to pay for it. His thoughtful, well-prepared homilies, and keen sense of humor gave him the special gift of being able to apply the gospel to everyday lives in a way that all could understand; and
Whereas, Bishop Murray made a great impact on many lives throughout his nearly 40 years of priestly service to the Diocese of Lansing. While he served on myriad boards and committees, mention must be made of his years of service as Chairman of the Greater Lansing Catholic Education Foundation and his nearly 25 years of service as Chaplain of the Lansing Police Department. As President of the Board of the Giving Tree Farm, he demonstrated his dedication to the vulnerable among us. He is known for his accessibility to his parishioners and all persons of the community of Lansing and for providing dynamic leadership, spiritual counsel, encouragement, and motivation; and
Whereas, Among the many programs that the Knights of Columbus seeks to advance with its principles of charity, unity, fraternity, and patriotism are respect for family life and for the inherent dignity of every human person from conception until natural death. As a Knight, Bishop Murray stands with his brother Knights with one mind and heart in this critical fight for the sanctity of all human life; and
Whereas, Bishop Murray is a man of profound faith, committed to doing the work of our Father in Heaven. As we celebrate this Jubilee Year, he is a man that we can look to for discernment in what it means to be a disciple of Jesus in this new millennium; now, therefore, be it
Resolved by the Michigan House of Representatives, That the highest accolade of tribute be accorded to the Most Reverend James A. Murray, Bishop of the Catholic Diocese of Kalamazoo for his service to the Lord, to the people of the Roman Catholic Church throughout Michigan, and to the Knights of Columbus; and be it further
Resolved, That a copy of this resolution be transmitted to His Excellency as evidence of our most sincere thankfulness for his service.
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. Basham, Shackleton, DeHart, Jamnick, Cherry, Kelly, Brater, Richner, Scott, Sheltrown, LaForge, Spade, Daniels, Raczkowski, Vander Roest, Richardville, Garcia, Van Woerkom, LaSata, Faunce, Shulman, Hager, Voorhees, Ehardt, Vear, Mead, Jacobs, Bisbee, Hansen, Dennis, Schauer, Gosselin, Pappageorge, Baird, Hale, Kowall, Julian, DeWeese, Birkholz, Wojno, Callahan, Neumann, Prusi, Hardman, Bovin, Gieleghem, Minore, Switalski, Clark, Thomas, Rivet, Lemmons, Hanley, Bishop, Martinez, Tesanovich, Kilpatrick, Jansen, DeRossett, Mortimer and Vaughn offered the following resolution:
House Resolution No. 343.
A resolution commemorating the week of May 7-13, 2000, as National Correctional Officers Week in Michigan.
Whereas, Corrections officers throughout the state are charged with the difficult and often dangerous task of supervising incarcerated populations in Michigan's prisons and jails; and
Whereas, Corrections officers are required to display many skills and abilities not traditionally associated with their profession. The vast majority of Michigan's corrections officers perform their duties with responsibility, honor, dedication, and conviction; and
Whereas, The dangerous situations that face Michigan's corrections officers on a daily basis and the unthinkable tragedies that too often beset those officers and their families can make for a thankless occupation; and
Whereas, Michigan's corrections officers have taken the opportunity this week to celebrate the many positive and rewarding aspects of their profession. May we join with them on this occasion to honor and celebrate their many contributions to our state; now, therefore, be it
Resolved by the House of Representatives, That we commemorate the week of May 7-13, 2000, as National Correctional Officers Week and that we take a moment to remember every officer who has given their life in the line of duty; and be it further
Resolved, That a copy of this resolution be transmitted to the Michigan Corrections Organization, the Michigan Department of Corrections, and the International Association of Correctional Officers.
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. Brewer, DeHart, Kelly, Jamnick, Bogardus, Hansen, Spade, Sheltrown, Scott, Callahan, Cherry, Clark, Pestka, Bovin, Minore, Wojno, Vaughn, Frank, LaForge, Dennis, Switalski, Clarke, Mortimer, Woodward, Gieleghem, Bob Brown, O'Neil, Kilpatrick, Hanley, Hale, Rivet, Basham, Thomas, Neumann, Stallworth, Rison, Brater, Quarles, Daniels, Schauer, Garza, Jacobs, Lockwood, Price, Prusi, Reeves, Mans, Lemmons, Raczkowski and Richardville offered the following resolution:
House Resolution No. 344.
A resolution to memorialize the Congress of the United States to investigate BioPort Corporation and to take certain actions with regard to the use of its anthrax vaccine for military personnel.
Whereas, In its short time as a private entity, BioPort Corporation has generated considerable controversy through some of its actions and the possible harmful impact the company's anthrax vaccine may be having on the health of some military personnel. Since the 1997 Defense Department decision to inoculate approximately 2.4 million active and reserve military personnel, many members of our Armed Forces and some health experts have wondered if the dangers in receiving the vaccine outweigh the possible benefits of the vaccine, especially considering the uncertainties surrounding this issue. This concern stems from information that the vaccine has not been adequately tested on humans; and
Whereas, Because of long-term health fears, a significant number of military personnel have refused to take the vaccine. These men and women face court martial for their refusal to participate in a program that many knowledgeable people feel is unnecessary and, possibly, ineffective if anthrax is used as a weapon; and
Whereas, Concern over the vaccine itself parallels the concern some observers have voiced over how the contract for the vaccine was developed and awarded. BioPort's controversial history, including questions about the contract bidding and reports that the company may not be able to provide adequate supplies of the vaccine need to be fully investigated as well; now, therefore, be it
Resolved by the House of Representatives, That we memorialize the Congress of the United States to investigate BioPort Corporation to determine possible criminal violations of federal contract bidding procedures and the diversion of funds; to support the recommendations of the House Armed Services Subcommittee to make the anthrax shots voluntary until all safety questions have been answered; to suspend the court martial of all military personnel who have refused the shots due to health worries; and to declare a moratorium on paying any more tax dollars to BioPort--including the $18 million estimated for this year's operating costs--until all questions on the safety of the vaccine and the legality of the company's business practices are answered and the FDA grants the facility approval to produce the vaccine; and be it further
Resolved, That copies of this resolution be transmitted to the President of the United States Senate, the Speaker of the United States House of Representatives, and the members of the Michigan congressional delegation.
The resolution was referred to the Committee on House Oversight and Operations.
THIS RESOLUTION IS OFFERED TO COMPLY WITH MCL §§ 830.415 AND 830.417 AND REQUIRES A RECORD ROLL CALL VOTE.
Rep. Jellema offered the following concurrent resolution:
House Concurrent Resolution No. 102.
A concurrent resolution approving the conveyance of property to the State Building Authority and approving a lease among the State of Michigan, the State Building Authority, and Macomb Community College relative to the Macomb Community College University Center.
Whereas, Section 5 of 1964 PA 183, as amended, being MCL § 830.415, requires the approval of the Board of Trustees of Macomb Community College (the "Educational Institution"), the State Administrative Board, and the Michigan Legislature by concurrent resolution concurred in by a majority of the members elected to and serving in each house, with the votes and names of the members voting thereon entered in the journal, before land owned by the Educational Institution may be conveyed to the State Building Authority (the "Authority"); and
Whereas, The site for the Macomb Community College University Center (the "Facility") is currently owned by the Educational Institution; and
Whereas, Section 7 of 1964 PA 183, as amended, being MCL § 830.417, requires the approval of the State Administrative Board and the Michigan Legislature by concurrent resolution concurred in by a majority of the members elected to and serving in each house, with the votes and names of the members voting thereon entered in the journal, before the State of Michigan (the "State") may enter into a lease with the Authority upon a showing of a public purpose; and
Whereas, Providing additional space to be used by the Educational Institution pursuant to the lease for the Facility is a recognized public purpose; and
Whereas, A lease among the Authority, the State, and the Educational Institution has been prepared providing for the leasing of the Facility by the Authority to the State and the Educational Institution (the "Lease"); and
Whereas, The Executive Director of the Authority has furnished the Joint Capital Outlay Subcommittee of the Legislature with information and documents relative to the Lease; now, therefore, be it
Resolved by the House of Representatives (the Senate concurring), That the Total Facility Cost for the Macomb Community College University Center shall not exceed $13,000,000 (the Authority share is $6,499,900, the State General Fund/General Purpose share is $100, and the Educational Institution share is $6,500,000), plus interest charges on monies advanced by the State to meet the construction cash flow requirements of the Facility, if any, of which not more than $6,499,900, plus interest charges on monies advanced by the State to meet the construction cash flow requirements of the Facility, if any, shall be financed from bonds issued by the Authority, exclusive of amounts necessary for reserves, interest, or other nonconstruction costs; and be it further
Resolved, That the Legislature hereby approves the necessary conveyances of property to the Authority as more particularly described in the Lease and attachments thereto; and be it further
Resolved, That the Legislature hereby approves the Authority acquiring the Facility and leasing it to the State and the Educational Institution and hereby determines that the leasing of the Facility from the Authority is for a public purpose as authorized by 1964 PA 183, as amended; and be it further
Resolved, That the annual amounts of "True Rental" for the Facility shall be within or below the range of $590,000 and $1,000,000, as shall reflect variations that may occur in the components upon which the appraisal of true rental was based, which amounts shall be certified by the appraiser and thereafter approved by the State Administrative Board and the Authority as authorized by 1964 PA 183, as amended; and be it further
Resolved, That the Lease is hereby approved by this concurrent resolution, and the Governor and the Secretary of State are authorized and directed to execute the Lease for and on behalf of the State; and be it further
Resolved, That, by hereby approving the Lease among the State, the Educational Institution, and the Authority, the Legislature agrees to appropriate annually sufficient amounts to pay the rent as obligated pursuant to the Lease; and be it further
Resolved, That a copy of this concurrent resolution be transmitted to the Governor, the Secretary of State, the Authority, the Board of Trustees of Macomb Community College, and the State Budget Director.
The concurrent resolution was referred to the Committee on Appropriations.
Reports of Standing Committees
The Committee on Local Government and Urban Policy, by Rep. Hager, Vice-Chair, reported
House Bill No. 5538, entitled
A bill to amend 1966 PA 346, entitled "State housing development authority act of 1966," by amending sections 21, 22b, 22c, 32, 32a, 32b, 44, 44a, and 46 (MCL 125.1421, 125.1422b, 125.1422c, 125.1432, 125.1432a, 125.1432b, 125.1444, 125.1444a, and 125.1446), section 21 as amended by 1983 PA 49, sections 22b, 22c, 32, 32a, and 44a as amended by 1996 PA 475, sections 32b and 44 as amended by 1998 PA 33, and section 46 as amended by 1993 PA220.
With the recommendation that the substitute (H-2) be adopted and that the bill then pass.
The bill and substitute were referred to the order of Second Reading of Bills.
Favorable Roll Call
HB 5538 To Report Out:
Yeas: Reps. Birkholz, Hager, Bishop, DeWeese, Julian, Tabor, Vander Roest, Lockwood, Jamnick, Minore,
Nays: None.
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Hager, Vice-Chair of the Committee on Local Government and Urban Policy, was received and read:
Meeting held on: Thursday, May 4, 2000, at 9:00 a.m.,
Present: Reps. Birkholz, Hager, Bishop, DeWeese, Julian, Tabor, Vander Roest, Lockwood, Jamnick, Minore, Reeves.
The Committee on Education, by Rep. Ruth Johnson, Vice-Chair, reported
House Bill No. 4014, entitled
A bill to amend 1976 PA 451, entitled "The revised school code," (MCL 380.1 to 380.1852) by adding section 1531d.
With the recommendation that the following amendments be adopted and that the bill then pass.
1. Amend page 1, line 1, after "BEGINNING" by striking out "JULY 1, 1999" and inserting "JANUARY 1, 2001".
2. Amend page 1, line 1, after "THE" by striking out "STATE BOARD" and inserting "SUPERINTENDENT OF PUBLIC INSTRUCTION".
3. Amend page 1, line 3, after the second "THE" by striking out the balance of the line through "BOARD" on line 4 and inserting "SUPERINTENDENT OF PUBLIC INSTRUCTION".
The bill and amendments were referred to the order of Second Reading of Bills.
Favorable Roll Call
HB 4014 To Report Out:
Yeas: Reps. Allen, Ruth Johnson, Bradstreet, DeWeese, Hager, Hart, Rick Johnson, Kuipers, Van Woerkom, Voorhees, Bogardus, Clark, Daniels, Gieleghem, Hansen, Scott,
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, May 9, 2000, at 10:30 a.m.,
Present: Reps. Allen, Ruth Johnson, Bradstreet, DeWeese, Hager, Hart, Rick Johnson, Kuipers, Van Woerkom, Voorhees, Bogardus, Clark, Daniels, Gieleghem, Hansen, Scott,
Absent: Rep. Spade,
Excused: Rep. Spade.
The Committee on House Oversight and Operations, by Rep. Raczkowski, Chair, reported
House Bill No. 5588, entitled
A bill to amend 1935 PA 59, entitled "An act to provide for the public safety; to create the Michigan state police, and provide for the organization thereof; to transfer thereto the offices, duties and powers of the state fire marshal, the state oil inspector, the department of the Michigan state police as heretofore organized, and the department of public safety; to create the office of commissioner of the Michigan state police; to provide for an acting commissioner and for the appointment of the officers and members of said department; to prescribe their powers, duties, and immunities; to provide the manner of fixing their compensation; to provide for their removal from office; and to repeal Act No. 26 of the Public Acts of 1919, being sections 556 to 562, inclusive, of the Compiled Laws of 1929, and Act No. 123 of the Public Acts of 1921, as amended, being sections 545 to 555, inclusive, of the Compiled Laws of 1929," by repealing section 6b (MCL 28.6b).
With the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
HB 5588 To Report Out:
Yeas: Reps. Raczkowski, Howell, Ruth Johnson, Shackleton, Rivet, DeHart,
Nays: None.
The Committee on House Oversight and Operations, by Rep. Raczkowski, Chair, reported
House Bill No. 5590, entitled
A bill to amend 1846 RS 12, entitled "Of certain state officers," by repealing section 3 (MCL 10.3).
With the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
HB 5590 To Report Out:
Yeas: Reps. Raczkowski, Howell, Ruth Johnson, Shackleton, Rivet, DeHart,
Nays: None.
The Committee on House Oversight and Operations, by Rep. Raczkowski, Chair, reported
House Bill No. 5594, entitled
A bill to repeal 1917 PA 54, entitled "An act to provide for the branding and labeling of mattresses and comforts, and to provide against the use of insanitary, unhealthy, old or second-hand material in the manufacture of mattresses and comforts, and to provide against the sale of mattresses or comforts containing such insanitary, unhealthy, old or second-hand materials," (MCL 429.301 to 429.311).
With the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
HB 5594 To Report Out:
Yeas: Reps. Raczkowski, Howell, Ruth Johnson, Shackleton, Rivet, DeHart,
Nays: None.
The Committee on House Oversight and Operations, by Rep. Raczkowski, Chair, reported
House Bill No. 5630, entitled
A bill to amend 1931 PA 328, entitled "The Michigan penal code," by repealing section 42 (MCL 750.42).
With the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
HB 5630 To Report Out:
Yeas: Reps. Raczkowski, Howell, Ruth Johnson, Shackleton, Rivet, DeHart,
Nays: None.
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Raczkowski, Chair of the Committee on House Oversight and Operations, was received and read:
Meeting held on: Tuesday, May 9, 2000, at 12:00 Noon,
Present: Reps. Raczkowski, Howell, Ruth Johnson, Shackleton, Rivet, DeHart,
Absent: Rep. Brewer,
Excused: Rep. Brewer.
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. DeRossett, Acting Chair of the Committee on Health Policy, was received and read:
Meeting held on: Thursday, May 4, 2000, at 10:30 a.m.,
Present: Reps. DeRossett, Ehardt, Gosselin, Green, Ruth Johnson, Raczkowski, Rocca, Schauer, Baird, Dennis, Jacobs, Neumann, Reeves, Woodward,
Absent: Reps. Law, DeWeese, Vear,
Excused: Reps. Law, DeWeese, Vear.
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, May 9, 2000, at 9:00 a.m.,
Present: Reps. Garcia, Bisbee, Richardville, Van Woerkom, Bob Brown, Vaughn,
Absent: Reps. Kowall, Lockwood, Mans,
Excused: Reps. Kowall, Lockwood, Mans.
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Bishop, Chair of the Committee on Constitutional Law and Ethics, was received and read:
Meeting held on: Tuesday, May 9, 2000, at 11:00 a.m.,
Present: Reps. Bishop, Patterson, Bradstreet, Green, Rocca, Vaughn, Brater, Garza, Lemmons.
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Hart, Chair of the Committee on Family and Children Services, was received and read:
Meeting held on: Tuesday, May 9, 2000, at 11:45 a.m.,
Present: Reps. Hart, DeRossett, Shulman, LaForge, Gieleghem, Hardman, Jacobs,
Absent: Reps. Cassis, Law,
Excused: Reps. Cassis, Law.
Announcement by the Clerk of Printing and Enrollment
The Clerk announced that the following bills had been printed and placed upon the files of the members, Wednesday, May 3:
Senate Bill Nos. 1220 1223 1224 1225 1226 1227 1228 1229 1230 1231 1232 1233 1234 1235 1236
The Clerk announced that the following bills had been printed and placed upon the files of the members, Monday, May 8:
House Bill Nos. 5727 5728 5729 5730 5731 5732 5733 5734 5735 5736 5737 5738 5739 5740 5741 5742 5743 5744 5745 5746 5747
The Clerk announced that the following Senate bills had been received on Tuesday, May 9:
Senate Bill Nos. 1194 1195 1200
By unanimous consent the House returned to the order of
Messages from the Senate
Senate Bill No. 1194, entitled
A bill to amend 1933 PA 167, entitled "General sales tax act," by amending section 25 (MCL 205.75), as amended by 1993 PA 325.
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. 1195, entitled
A bill to amend 1937 PA 94, entitled "Use tax act," by amending section 21 (MCL 205.111), as amended by 1994 PA 34.
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. 1200, entitled
A bill to amend 1998 PA 58, entitled "Michigan liquor control code of 1998," (MCL 436.1101 to 436.2303) by adding section 514.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Great Lakes and Tourism.
Senate Concurrent Resolution No. 37.
A concurrent resolution to memorialize the Congress of the United States to enact legislation to remove the time limit for Medicare coverage for immunosuppressive drugs.
Whereas, The medical community has made remarkable advancements in the effectiveness of immunosuppressive drugs that are used to prevent organ rejection in transplant patients. This has contributed to the great strides that have occurred in the field of organ transplantation; and
Whereas, While these drugs are expensive, the quality of life they afford and the more costly health procedures they can avoid make immunosuppressive medicines a worthwhile investment. In many instances, people previously disabled for long periods of time are able to return to work and live a full life as productive citizens; and
Whereas, Under current law, Medicare will provide for immunosuppressive drugs for up to three years following a transplant. It has become apparent to those in the medical community working with patients receiving kidneys, hearts, and livers that this limit puts transplant recipients at risk and is counterproductive. In contrast to the limited coverage for the immunosuppressive drugs, for example, a patient needing kidney dialysis can receive coverage for that procedure indefinitely. Costs for dialysis are significantly higher than for most immunosuppressive regimens. A successful transplant patient is more likely to return to work than many dialysis patients; and
Whereas, Congress is presently considering measures that would extend Medicare coverage for immunosuppressive drugs. This step is a most appropriate response to the needs of transplant patients and a more effective long-term approach to a serious health-care issue; now, therefore, be it
Resolved by the Senate (the House of Representatives concurring), That we memorialize the Congress of the United States to enact legislation to remove the time limit for Medicare coverage for immunosuppressive drugs; and be it further
Resolved, That copies of this resolution be transmitted to the President of the United States Senate, the Speaker of the United States House of Representatives, and the members of the Michigan congressional delegation.
The Senate has adopted the concurrent resolution.
Reps. DeHart, Jamnick, Brater, Richner, LaForge, Raczkowski, Vander Roest, Garcia, Van Woerkom, LaSata, Faunce, Shulman, Hager, Cassis, Voorhees, Ehardt, Vear, Gosselin, Pappageorge, Kowall, Julian, DeWeese, Birkholz, Prusi, Hardman, Gieleghem, Switalski, Lemmons, Bishop, Mortimer and Vaughn were named co-sponsors of the concurrent resolution.
The concurrent resolution was referred to the Committee on House Oversight and Operations.
Messages from the Governor
The following message from the Governor, approving and signing the following bill at the time designated below, was received and read:
Date: May 8, 2000
Time: 2:25 p.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 5196 (Public Act No. 92, I.E.), being
An act to codify the licensure and regulation of certain persons engaged in processing, manufacturing, production, packing, preparing, repacking, canning, preserving, freezing, fabricating, storing, selling, serving, or offering for sale food or drink for human consumption; to prescribe powers and duties of the department of agriculture; to provide for delegation of certain powers and duties to certain local units of government; to provide exemptions; to regulate the labeling, manufacture, distribution, and sale of food for protection of the consuming public and to prevent fraud and deception by prohibiting the misbranding, adulteration, manufacture, distribution, and sale of foods in violation of this act; to provide standards for food products and food establishments; to provide for enforcement of the act; to provide penalties and remedies for violation of the act; to provide for fees; to provide for promulgation of rules; and to repeal acts and parts of acts.
(Filed with the Secretary of State May 8, 2000, at 3:05 p.m.)
Communications from State Officers
The following communication from the Auditor General was received and read:
May 5, 2000
Enclosed is a copy of the following audit report and/or executive digest:
Financial Audit Including the
Provisions of the Single Audit Act
of the Michigan Strategic Fund
October 1, 1997 through September 30, 1998
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. Neumann, Lockwood, Rivet, Spade and Pestka introduced
House Bill No. 5748, entitled
A bill to amend 1976 PA 451, entitled "The revised school code," (MCL 380.1 to 380.1852) by adding section 1165.
The bill was read a first time by its title and referred to the Committee on Education.
Reps. Cameron Brown, LaSata, Hager, Scranton, Hart, Pappageorge, Birkholz, Rick Johnson, Ehardt, Shackleton, Richner, Allen, Van Woerkom and Jansen introduced
House Bill No. 5749, entitled
A bill to provide for the establishment of athletic and sports authorities; to provide powers and duties of an authority; to authorize the assessment of a fee, the levy of a property tax, and the issuance of bonds and notes by an authority; and to provide for the powers and duties of certain government officials.
The bill was read a first time by its title and referred to the Committee on Local Government and Urban Policy.
Reps. Ruth Johnson, Pappageorge, Birkholz, Allen, Bradstreet, Hart, Voorhees, Gosselin and Kuipers introduced
House Bill No. 5750, entitled
A bill to amend 1976 PA 451, entitled "The revised school code," by amending sections 1231 and 1236 (MCL 380.1231 and 380.1236), section 1236 as amended by 1995 PA 289, and by adding section 1236a.
The bill was read a first time by its title and referred to the Committee on Education.
Reps. Ruth Johnson, Pappageorge, Voorhees and Richner introduced
House Bill No. 5751, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 710e (MCL 257.710e), as amended by 1999 PA 29.
The bill was read a first time by its title and referred to the Committee on Transportation.
Reps. Birkholz, Tabor, Hager, Jellema, Middaugh, Kuipers, Pappageorge, Cameron Brown, Ehardt, Richner, Godchaux, Lockwood, Van Woerkom, Schauer, Kukuk, Jansen and Cassis introduced
House Bill No. 5752, entitled
A bill to amend 1937 PA 94, entitled "Use tax act," (MCL 205.91 to 205.111) by adding section 4w.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Reps. Hart, Hager, Birkholz, Jellema, DeHart, Julian, Bovin, Jelinek, Sheltrown, Rivet, Byl, Voorhees, Gosselin, Faunce, Van Woerkom, Scott, Ehardt, Shackleton, Richardville, Shulman, Sanborn, Godchaux, Jansen and Kuipers introduced
House Bill No. 5753, entitled
A bill to amend 1933 PA 167, entitled "General sales tax act," (MCL 205.51 to 205.78) by adding section 4aa.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Reps. Vander Roest, DeHart, Jelinek, Richner, Patterson, Jansen and Birkholz introduced
House Bill No. 5754, entitled
A bill to amend 1965 PA 314, entitled "Public employee retirement system investment act," by amending sections 12b, 12c, 12d, 13, 13a, 14, 16, 17, 19, 20a, 20c, 20d, and 20e (MCL 38.1132b, 38.1132c, 38.1132d, 38.1133, 38.1133a, 38.1134, 38.1136, 38.1137, 38.1139, 38.1140a, 38.1140c, 38.1140d, and 38.1140e), sections 12b, 12c, and 12d as added and sections 13, 14, 16, 17, 19, 20a, 20d, and 20e as amended by 1996 PA 485, section 13a as added by 1998 PA 343, and section 20c as amended by 1997 PA 42; and to repeal acts and parts of acts.
The bill was read a first time by its title and referred to the Committee on Senior Health, Security and Retirement.
Reps. DeHart, Hale, Wojno, Scott, Shackleton, Bovin, Neumann, Schauer, Rivet, Gieleghem and Ehardt introduced
House Bill No. 5755, entitled
A bill to amend 1943 PA 240, entitled "State employees' retirement act," by amending section 19 (MCL 38.19), as amended by 1998 PA 205.
The bill was read a first time by its title and referred to the Committee on Senior Health, Security and Retirement.
Reps. DeHart, Hale, Wojno, Scott, Shackleton, Bovin, Neumann, Schauer, Rivet and Gieleghem introduced
House Bill No. 5756, entitled
A bill to amend 1964 PA 208, entitled "An act to grant scholarships to students enrolled in postsecondary education institutions; and to provide for the administration of the scholarship program," by amending sections 3, 4, and 11 (MCL 390.973, 390.974, and 390.981), section 3 as amended by 1980 PA 500 and section 4 as amended by 1986 PA 270, and by adding section 4a.
The bill was read a first time by its title and referred to the Committee on Education.
Reps. DeHart, Pestka, Hale, Julian, Scott, Wojno, Shackleton, Bovin, Neumann, Schauer, Rivet, LaForge, Gieleghem and Ehardt introduced
House Bill No. 5757, entitled
A bill to amend 1937 PA 345, entitled "Fire fighters and police officers retirement act," by amending section 6 (MCL 38.556), as amended by 1991 PA 54.
The bill was read a first time by its title and referred to the Committee on Senior Health, Security and Retirement.
Rep. Richner introduced
House Bill No. 5758, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 14 of chapter XVII (MCL 777.14), as added by 1998 PA 317.
The bill was read a first time by its title and referred to the Committee on Criminal Law and Corrections.
Reps. Caul, Vander Roest, Voorhees, Faunce, Shackleton, Julian, Van Woerkom, Gilbert and Bisbee introduced
House Bill No. 5759, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending section 21771 (MCL 333.21771).
The bill was read a first time by its title and referred to the Committee on Senior Health, Security and Retirement.
Reps. Woronchak, Vander Roest, Voorhees, Faunce, Julian, Gilbert, Van Woerkom, Bisbee and Shackleton introduced
House Bill No. 5760, entitled
A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding section 20178.
The bill was read a first time by its title and referred to the Committee on Senior Health, Security and Retirement.
Rep. Vander Roest introduced
House Bill No. 5761, entitled
A bill to amend 1979 PA 218, entitled "Adult foster care facility licensing act," (MCL 400.701 to 400.737) by adding section 26b.
The bill was read a first time by its title and referred to the Committee on Senior Health, Security and Retirement.
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Rep. Hanley moved that the House adjourn.
The motion prevailed, the time being 4:00 p.m.
The Speaker Pro Tempore declared the House adjourned until Wednesday, May 10, at 2:00 p.m.
GARY L. RANDALL
Clerk of the House of Representatives.