The House was called to order by the Speaker.

 

The roll was called by the Clerk of the House of Representatives, who announced that a quorum was present.

 

 

Agee--present

Alley--present

Anthony--present

Baade--present

Baird--present

Bankes--present

Basham--present

Birkholz--present

Bobier--excused

Bodem--present

Bogardus--present

Brackenridge--present

Brater--present

Brewer--present

Brown--present

Byl--present

Callahan--present

Cassis--present

Cherry--present

Ciaramitaro--present

Crissman--present

Cropsey--present

Curtis--present

Dalman--present

DeHart--present

DeVuyst--present

Dobb--present

Dobronski--present

Emerson--present

Fitzgerald--present

Frank--present

Freeman--present

Gagliardi--present

Galloway--present

Geiger--present

Gernaat--present

Gilmer--present

Gire--present

Godchaux--present

Goschka--present

Green--present

Griffin--present

Gubow--present

Gustafson--present

Hale--present

Hammerstrom--present

Hanley--present

Harder--present

Hertel--present

Hood--present

Horton--present

Jansen--present

Jaye--present

Jelinek--present

Jellema--present

Johnson--present

Kaza--present

Kelly--present

Kilpatrick--present

Kukuk--present

LaForge--present

Law--present

Leland--present

LeTarte--present

Llewellyn--present

London--present

Lowe--present

Mans--present

Martinez--present

Mathieu--present

McBryde--present

McManus--present

McNutt--present

Middaugh--present

Middleton--present

Murphy--present

Nye--e/d/s

Olshove--present

Owen--present

Oxender--excused

Palamara--present

Parks--present

Perricone--present

Price--present

Profit--present

Prusi--present

Quarles--present

Raczkowski--present

Rhead--present

Richner--present

Rison--present

Rocca--present

Schauer--present

Schermesser--present

Schroer--present

Scott--present

Scranton--present

Sikkema--present

Stallworth--present

Tesanovich--present

Thomas--present

Varga--present

Vaughn--present

Voorhees--present

Walberg--present

Wallace--present

Wetters--excused

Whyman--present

Willard--present

Wojno--present

 

 

e/d/s = entered during session

Emma Kate Freatman, from Estabrook Elementary School in Ypsilanti, offered the following invocation:

 

"We thank You God that we live in the State of Michigan. We know that You are in charge. Please help the House of Representatives. I hope that they will think that families are important. I hope that when I grow up, my children and my grandchildren can have healthy food, fresh air, and clean water. I hope they can enjoy seeing Your creatures and that they don't have to read about any more animals that have become extinct.

Amen, and Go Blue!"

 

 

 

 

Rep. Dobronski moved that Rep. Wetters be excused from today's session.

The motion prevailed.

 

Rep. Middaugh moved that Rep. Oxender be excused from today's session.

The motion prevailed.

 

Rep. Hammerstrom moved that Rep. Bobier be excused from today's session.

The motion prevailed.

 

 

 

 

In accordance with House Rule 10, I hereby designate Representative Eileen DeHart, to be the Presiding Officer for all, or part of today's session.

 

By unanimous consent the House returned to the order of

 

 

House Bill No. 4893, entitled

A bill to require certain persons that provide automatic teller machine services to disclose information regarding fees and charges.

Was read a second time, and the question being on the adoption of the proposed substitute (H-5) previously recommended by the Committee on Commerce,

The substitute (H-5) was adopted, a majority of the members serving voting therefor.

Rep. Gernaat moved to amend the bill as follows:

1. Amend page 2, line 22, after "ATM." by inserting " "Provider" does not include a financial institution.".

The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.

 

 

 

 

Rep. Palamara moved that Rep. LaForge be excused temporarily from today's session.

The motion prevailed.

 

Rep. Goschka moved to amend the bill as follows:

1. Amend page 3, following line 14, by inserting:

"Sec. 2a. For each transaction involving an ATM, the person using the ATM shall be provided a printed statement indicating the nature and amounts involved in the transaction and the resulting balances of the accounts affected by the transaction.".

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

Rep. Goschka demanded the yeas and nays.

The demand was supported.

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

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

 

 

Roll Call No. 859 Yeas--35

 

 

 

 

Nays--69

 

 

Emerson

 

 

In The Chair: Hertel

 

 

 

 

Rep. Nye entered the House Chambers.

 

Rep. Rhead moved to reconsider the vote by which the House did not adopt the amendment offered previously by Rep. Gernaat.

The motion prevailed, a majority of the members present voting therefor.

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

Rep. Rhead demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 860 Yeas--49

 

 

Galloway

 

 

Nays--55

 

 

 

 

In The Chair: Hertel

 

 

Rep. Goschka moved to amend the bill as follows:

1. Amend page 3, following line 14, by inserting:

"Sec. 2a. For each transaction involving an ATM, the person using the ATM shall be provided the option of a printed statement or an on-screen display or both indicating the nature and amounts involved in the transaction and the resulting balances of the accounts affected by the transaction.".

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

Rep. Goschka demanded the yeas and nays.

The demand was supported.

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

The amendment was adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:

 

 

Roll Call No. 861 Yeas--77

 

 

Dobronski

 

 

Nays--29

 

 

Galloway

 

 

In The Chair: Hertel

 

 

Rep. Thomas moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed, a majority of the members voting therefor.

Rep. Gagliardi 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

 

 

House Bill No. 4893, entitled

A bill to require certain persons that provide automatic teller machine services to disclose information regarding fees and charges.

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

 

 

Roll Call No. 862 Yeas--76

 

 

 

 

Nays--30

 

 

Dobb Horton

 

 

In The Chair: Hertel

 

 

The House agreed to the title of the bill.

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

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

 

 

 

 

Reps. London, Rhead, Raczkowski and Llewellyn, having reserved the right to explain their protest against the passage of the bill, made the following statement:

"Mr. Speaker and members of the House:

ATM usage has risen dramatically in the passed ten years. These machines provide a remarkable convenience for people compared to the years prior to their advent. With this dramatic demand for ATM convenience financial banks, credit unions, savings and loan institutions, and many other nonbank businesses have expanded their availability. Many of these organizations have charged fees in exchange for the convenience. Currently, federal law and indeed many of the ATM services, such as Magic Line, require that ATM machines display notices that a fee may be charged to your account. I believe these notices are important to protect ATM users. An informed consumer is a safe consumer.

However, I am voting no on this bill because federal law already requires this notice for banks, savings and loans and credit unions. To add a state based regulation adds unnecessary regulation, increases costs and creates more waste in government."

 

Reps. Kaza and Jaye, having reserved the right to explain their protest against the passage of the bill, made the following statement:

"Mr. Speaker and members of the House:

A substitute version of this bill that would have banned automatic teller machine (ATM) fees and deregulated usury by abolishing interest rate ceilings was defeated in the Commerce Committee. The substitute, while not perfect, is preferable to this legislation.

There are other compelling reasons for opposing this legislation. First, there is no need for governmental regulatory intervention in the highly competitive market of banking and finance. Financial institutions that levy surcharges such as ATM fees risk losing their business and customers to financial institutions that do not charge such fees. Consumers are free in this market to leave one institution for another. In fact, an Oakland County bank has been advertising itself lately as a financial institution that does not charge fees. By doing so they have attracted the business of customers unhappy with other metro Detroit banks that charge fees.

Second, many financial institutions already voluntarily give notice to customers using ATMs that a fee is imposed for each transaction. They also voluntarily provide receipts listing transaction fees. The key word is "voluntary." In this instance, as in so many others that we deal with as a legislature, voluntary action is preferable to government compulsion.

Finally, this bill will create an economic disincentive for financial institutions to remain in Michigan. One effect of this bill will be to cause financial institutions considering Michigan to locate instead in a state that does not have such government regulations in place. As such this bill, along with the others in this legislative package, will destroy jobs in Michigan."

 

 

 

 

House Bill No. 4892, entitled

A bill to amend 1980 PA 307, entitled "Savings and loan act of 1980," (MCL 491.102 to 491.1201) by adding section 1135.

Was read a second time, and the question being on the adoption of the proposed substitute (H-5) previously recommended by the Committee on Commerce,

The substitute (H-5) was adopted, a majority of the members serving voting therefor.

Rep. Goschka moved to amend the bill as follows:

1. Amend page 3, following line 14, by inserting:

"(6) FOR EACH TRANSACTION INVOLVING AN ATM, THE PERSON USING THE ATM SHALL BE PROVIDED THE OPTION OF A PRINTED STATEMENT OR AN ON-SCREEN DISPLAY OR BOTH INDICATING THE NATURE AND AMOUNTS INVOLVED IN THE TRANSACTION AND THE RESULTING BALANCES OF THE ACCOUNTS AFFECTED BY THE TRANSACTION.".

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

 

 

 

 

The Speaker called Acting Speaker DeHart to the Chair.

 

Rep. Martinez moved to reconsider the vote by which the House adopted the amendment offered previously by Rep. Goschka.

The motion prevailed, a majority of the members present voting therefor.

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

The motion prevailed.

 

 

House Bill No. 4891, entitled

A bill to amend 1925 PA 285, entitled "An act to provide for the organization, operation, and supervision of credit unions; to provide for the conversion of a state credit union into a federal credit union or a credit union organized and supervised under the laws of any other state or territory of the United States and for the conversion of a federal credit union or a credit union organized and supervised under the laws of any other state or territory of the United States into a state credit union; and to provide for the merger of credit unions organized and supervised under the laws of this state, credit unions organized and supervised under the laws of any other state or territory of the United States, and federal credit unions," (MCL 490.1 to 490.31) by adding section 32.

Was read a second time, and the question being on the adoption of the proposed substitute (H-5) previously recommended by the Committee on Commerce,

The substitute (H-5) was adopted, a majority of the members serving voting therefor.

Rep. Goschka moved to amend the bill as follows:

1. Amend page 3, following line 20, by inserting:

"(6) FOR EACH TRANSACTION INVOLVING AN ATM, THE PERSON USING THE ATM SHALL BE PROVIDED THE OPTION OF A PRINTED STATEMENT OR AN ON-SCREEN DISPLAY OR BOTH INDICATING THE NATURE AND AMOUNTS INVOLVED IN THE TRANSACTION AND THE RESULTING BALANCES OF THE ACCOUNTS AFFECTED BY THE TRANSACTION.".

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

Rep. Brater moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed, a majority of the members voting therefor.

House Bill No. 4890, entitled

A bill to amend 1969 PA 319, entitled "Banking code of 1969," (MCL 487.301 to 487.598) by adding section 247.

Was read a second time, and the question being on the adoption of the proposed substitute (H-5) previously recommended by the Committee on Commerce,

The substitute (H-5) was adopted, a majority of the members serving voting therefor.

Rep. Goschka moved to amend the bill as follows:

1. Amend page 3, following line 14, by inserting:

"(6) FOR EACH TRANSACTION INVOLVING AN ATM, THE PERSON USING THE ATM SHALL BE PROVIDED THE OPTION OF A PRINTED STATEMENT OR AN ON-SCREEN DISPLAY OR BOTH INDICATING THE NATURE AND AMOUNTS INVOLVED IN THE TRANSACTION AND THE RESULTING BALANCES OF THE ACCOUNTS AFFECTED BY THE TRANSACTION.".

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

Rep. Thomas moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed, a majority of the members voting therefor.

 

 

The House returned to the consideration of

House Bill No. 4892, entitled

A bill to amend 1980 PA 307, entitled "Savings and loan act of 1980," (MCL 491.102 to 491.1201) by adding section 1135.

(The bill was considered earlier today, see today's Journal, p. 2177.)

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

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

Rep. Thomas moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed, a majority of the members voting therefor.

 

 

House Bill No. 4889, entitled

A bill to amend 1996 PA 354, entitled "Savings bank act," (MCL 487.3101 to 487.3804) by adding section 513.

Was read a second time, and the question being on the adoption of the proposed substitute (H-5) previously recommended by the Committee on Commerce,

The substitute (H-5) was adopted, a majority of the members serving voting therefor.

Rep. Goschka moved to amend the bill as follows:

1. Amend page 3, following line 14, by inserting:

"(6) FOR EACH TRANSACTION INVOLVING AN ATM, THE PERSON USING THE ATM SHALL BE PROVIDED THE OPTION OF A PRINTED STATEMENT OR AN ON-SCREEN DISPLAY OR BOTH INDICATING THE NATURE AND AMOUNTS INVOLVED IN THE TRANSACTION AND THE RESULTING BALANCES OF THE ACCOUNTS AFFECTED BY THE TRANSACTION.".

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

Rep. Brater 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. Cherry 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

 

 

House Bill No. 4889, entitled

A bill to amend 1996 PA 354, entitled "Savings bank act," (MCL 487.3101 to 487.3804) by adding section 513.

Was read a third time and not passed, 2/3 of the members serving not voting therefor, by yeas and nays, as follows:

 

 

Roll Call No. 863 Yeas--68

 

 

 

 

Nays--38

 

 

Galloway Jelinek

 

 

In The Chair: DeHart

 

 

Rep. Gagliardi moved to reconsider the vote by which the House did not pass the bill.

The motion prevailed, a majority of the members present voting therefor.

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

The motion prevailed.

 

 

 

 

Reps. Sikkema, Rhead, Llewellyn, London, Richner, Birkholz, Hammerstrom, Perricone, Cassis, Jelinek and Raczkowski, having reserved the right to explain their protest against the passage of the bill, made the following statement:

"Mr. Speaker and members of the House:

ATM usage has risen dramatically in the passed ten years. These machines provide a remarkable convenience for people compared to the years prior to their advent. With this dramatic demand for ATM convenience financial banks, credit unions, savings and loan institutions, and many other nonbank businesses have expanded their availability. Many of these organizations have charged fees in exchange for the convenience. Currently, federal law and indeed many of the ATM services, such as Magic Line, require that ATM machines display notices that a fee may be charged to your account. I believe these notices are important to protect ATM users. A informed consumer is a safe consumer.

However, I am voting no on these bills because federal law already requires these notices. To add a state based regulation only adds unnecessary regulation and creates more waste in government."

 

Reps. Kaza and Jaye, having reserved the right to explain their protest against the passage of the bill, made the following statement:

"Mr. Speaker and members of the House:

A substitute version of this bill that would have banned automatic teller machine (ATM) fees and deregulated usury by abolishing interest rate ceilings was defeated in the Commerce Committee. The substitute, while not perfect, is preferable to this legislation.

There are other compelling reasons for opposing this legislation. First, there is no need for governmental regulatory intervention in the highly competitive market of banking and finance. Financial institutions that levy surcharges such as ATM fees risk losing their business and customers to financial institutions that do not charge such fees. Consumers are free in this market to leave one institution for another. In fact, an Oakland County bank has been advertising itself lately as a financial institution that does not charge fees. By doing so they have attracted the business of customers unhappy with other metro Detroit banks that charge fees.

Second, many financial institutions already voluntarily give notice to customers using ATMs that a fee is imposed for each transaction. They also voluntarily provide receipts listing transaction fees. The key word is "voluntary." In this instance, as in so many others that we deal with as a legislature, voluntary action is preferable to government compulsion.

Finally, this bill will create an economic disincentive for financial institutions to remain in Michigan. One effect of this bill will be to cause financial institutions considering Michigan to locate instead in a state that does not have such government regulations in place. As such this bill, along with the others in this legislative package, will destroy jobs in Michigan."

 

 

 

 

House Bill No. 4929, entitled

A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 40 (MCL 211.40), as amended by 1995 PA 143.

The bill was read a second time.

Rep. Owen moved to substitute (H-1) the bill.

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

Rep. Owen moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed, a majority of the members voting therefor.

 

 

House Bill No. 5071, entitled

A bill to amend 1968 PA 39, entitled "Michigan food law of 1968," by amending sections 7 and 10 (MCL 289.707 and 289.710), as amended by 1982 PA 43.

Was read a second time, and the question being on the adoption of the proposed substitute (H-3)* previously recommended by the Committee on Agriculture,

The substitute (H-3)* was adopted, a majority of the members serving voting therefor.

Rep. Schauer 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. Gagliardi 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

 

 

House Bill No. 5071, entitled

A bill to amend 1968 PA 39, entitled "Michigan food law of 1968," by amending sections 7 and 10 (MCL 289.707 and 289.710), as amended by 1982 PA 43.

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

 

 

Roll Call No. 864 Yeas--102

 

 

Emerson Kaza

 

 

Nays--0

 

 

In The Chair: DeHart

 

 

The House agreed to the title of the bill.

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

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

 

 

Rep. Gagliardi moved that House Bill No. 4929 be placed on its immediate passage.

The motion prevailed, a majority of the members serving voting therefor.

 

House Bill No. 4929, entitled

A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 40 (MCL 211.40), as amended by 1995 PA 143.

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

 

 

Roll Call No. 865 Yeas--102

 

 

Dobb Johnson

 

 

Nays--0

 

 

In The Chair: DeHart

 

 

The House agreed to the title of the bill.

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

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

 

 

 

 

Senate Bill No. 707, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 14809 (MCL 324.14809), as added by 1996 PA 132.

The bill was read a second time.

Rep. Gagliardi 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. Gagliardi 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

 

 

Senate Bill No. 707, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 14809 (MCL 324.14809), as added by 1996 PA 132.

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

 

 

Roll Call No. 866 Yeas--103

 

 

 

 

Nays--0

 

 

In The Chair: DeHart

 

 

Pursuant to Joint Rule 20, the full title of the bill shall read as follows:

"An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, and assessments; to provide certain appropriations; to prescribe penalties and provide remedies; to repeal certain parts of this act on a specific date; and to repeal certain acts and parts of acts,".

The House agreed to the full title of the bill.

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

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

 

 

 

 

House Bill No. 4928, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 8117 (MCL 600.8117).

Was read a second time, and the question being on the adoption of the proposed amendments previously recommended by the Committee on Judiciary (for amendments, see House Journal No. 81, p. 2164),

The amendments were adopted, a majority of the members serving voting therefor.

Rep. LaForge 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. Gagliardi 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

 

 

House Bill No. 4928, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 8117 (MCL 600.8117).

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

 

 

Roll Call No. 867 Yeas--100

 

 

 

 

Nays--0

 

 

In The Chair: DeHart

 

 

The House agreed to the title of the bill.

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

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

 

 

 

 

House Bill No. 5220, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 8112 (MCL 600.8112).

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

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

Rep. Nye 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. Gagliardi 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

 

 

House Bill No. 5220, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 8112 (MCL 600.8112).

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

 

 

Roll Call No. 868 Yeas--100

 

 

 

 

Nays--0

 

 

In The Chair: DeHart

 

 

The House agreed to the title of the bill.

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

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

 

 

 

 

Rep. Gagliardi 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

 

 

Reps. Gagliardi, Dobronski, Kelly, Schermesser, Cherry, DeHart, Harder, Hale, Baird, Gire, Freeman, Dobb, Kukuk, Bogardus, Hood, Goschka, Bodem, Dalman, Brater, Varga, Palamara, Parks, Lowe, Voorhees, Anthony, Vaughn, Kaza, Murphy, Quarles, Tesanovich, Prusi and LaForge offered the following resolution:

House Resolution No. 159.

A resolution in memory of Gus Shisler.

--Anonymous

Whereas, The members of Michigan Legislature wish to extend heartfelt condolences to the family and friends of Gus Shisler. He was a good citizen and a fine member of the community, always contributing to good causes and showing his concern for others. Gus Shisler was an outstanding Michigan citizen and a great role model; and

Whereas, Gus Shisler was born in 1919 in Lake Leelanau. In 1973, he and his wife, Stella, purchased the Timber Trails Campground near Paradise. Gus and Stella successfully operated their business and became heavily involved in the sport of snowmobiling. Together, they spent countless hours participating in this popular winter recreational sport. Gus Shisler spent many years donating countless hours of his time toward grooming snowmobiling trails. This dedication earned him Groomer of the Year awards from Michigan and the Midwest Chapter of the International Snowmobile Congress; and

Whereas, For many years, Gus was the president of the Eastern Upper Peninsula Snowmobile Association, a member of the Department of Natural Resources (DNR) Steering Committee for Snowmobiling, and a member of the Michigan DNR Snowmobile Advisory Committee. In 1982, Gus became a founding member of the Michigan Snowmobile Association (MSA). During his affiliation with MSA, he served as president, vice president, and on the executive board. During his presidency of MSA, the Michigan Legislature passed legislation allowing part of the gas tax to be used for snowmobiling. Everyone will greatly miss his knowledge and enthusiasm for snowmobiling; and

Whereas, The passing of Gus Shisler has left an unfillable void. We extend our condolences to those who are suffering from his loss. May they find comfort in their faith and in the knowledge that many people share in their bereavement; now, therefore, be it

Resolved by the House of Representatives, That we hereby express our condolences to Gus Shisler's wife, family, and to a host of loved ones and friends on his recent passing; and be it further

Resolved, That a copy of this resolution be transmitted to his wife, Stella, and his family as a reflection of our sympathy.

Pending the reference of the resolution to a committee,

Rep. Gagliardi 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, a majority of the members serving voting therefor.

 

 

The Speaker, on behalf of the entire membership of the House of Representatives, offered the following resolution:

House Resolution No. 160.

A resolution proclaiming Tuesday, October 28, 1997, as "Multiple Myeloma Awareness Day" in Michigan, and honoring the McCarty Cancer Foundation.

Whereas, The Michigan House of Representatives hereby proclaims Tuesday, October 28, 1997, as "Multiple Myeloma Awareness Day" in Michigan, and subsequently pays tribute to the McCarty Cancer Foundation, which has been established to help people with this rare form of bone cancer; and

Whereas, Members of the House recognize the importance of bringing greater public awareness to multiple myeloma, a fatal disease that causes severe pain and deterioration of the bone. Multiple myeloma involves a malignancy of plasma cells which are the antibody-producing cells of the immune system found in the bone marrow. The disease gets its name from the malignant plasma cells, or myeloma cells, growing uncontrollably and accumulating in multiple areas. When it comes to diagnosis, a majority of myeloma patients first experience pain in their bones due to damage caused from malignant plasma cells. Anemia, fatigue and kidney damage may be other indicators of myeloma. While it is most common in older patients, more young people are contracting the disease; and

Whereas, An estimated 14,000 new cases of multiple myeloma will be diagnosed this year in the United States. While therapy can achieve remission of the disease, the nearly 40,000 Americans who currently have multiple myeloma face a median survival rate of between two to three years. In 1993 alone, approximately 10,000 Americans lost their lives due to multiple myeloma; and

Whereas, In realizing a need to provide another resource in the battle against this disease, Detroit Red Wings star Darren McCarty established the McCarty Cancer Foundation as a tribute to his father, Craig, who has multiple myeloma; and

Whereas, The foundation, administered by Darren's parents, seeks to raise $2 million annually to support research into a cure for the disease and the operations of statewide multiple myeloma support groups and their care givers. Another key goal of the foundation is to provide multiple myeloma patients with the best possible information on the disease so they can make informed decisions on treatment; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body hereby salute the McCartys and the establishment of the McCarty Cancer Foundation and its mission; and be it further

Resolved, That the members of the Michigan House of Representatives call on the citizens of this great state to observe "Multiple Myeloma Awareness Day" and unite with the McCarty Cancer Foundation as it provides assistance to patient support groups and their care givers, as well as researchers who are striving to find a cure for this disease.

Pending the reference of the resolution to a committee,

Rep. Gagliardi 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, a majority of the members serving voting therefor.

 

 

The Committee on Forestry and Mineral Rights, by Rep. Anthony, Chair, reported

House Bill No. 5261, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 61503b.

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.

 

 

 

HB 5261 To Report Out:

Yeas: Reps. Anthony, Callahan, Bogardus, Brater, DeVuyst,

Nays: None.

 

 

The Committee on Forestry and Mineral Rights, by Rep. Anthony, Chair, reported

House Bill No. 5262, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 61503a.

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.

 

 

 

HB 5262 To Report Out:

Yeas: Reps. Anthony, Callahan, Bogardus, Brater, DeVuyst,

Nays: None.

 

 

 

The following report, submitted by Rep. Anthony, Chair of the Committee on Forestry and Mineral Rights, was received and read:

Meeting held on: Tuesday, October 21, 1997, at 10:30 a.m.,

Present: Reps. Anthony, Callahan, Alley, Bogardus, Brater, Middleton, DeVuyst, Gernaat, Lowe.

 

 

The Committee on Colleges and Universities, by Rep. Cherry, Chair, reported

House Bill No. 5096, 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 section 3 (MCL 390.973), as amended by 1980 PA 500.

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.

 

 

 

HB 5096 To Report Out:

Yeas: Reps. Cherry, Brown, Brater, Curtis, LeTarte, Dalman,

Nays: Reps. Quarles, Walberg.

 

 

 

The following report, submitted by Rep. Cherry, Chair of the Committee on Colleges and Universities, was received and read:

Meeting held on: Wednesday, October 22, 1997, at 10:30 a.m.,

Present: Reps. Cherry, Brown, Brater, Curtis, Quarles, LeTarte, Dalman, Walberg,

Absent: Rep. Scranton,

Excused: Rep. Scranton.

The Committee on Tax Policy, by Rep. Profit, Chair, reported

House Bill No. 5106, entitled

A bill to amend 1933 PA 167, entitled "General sales tax act," by amending section 1 (MCL 205.51), as amended by 1995 PA 209.

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.

 

 

 

HB 5106 To Report Out:

Yeas: Reps. Profit, Quarles, Freeman, Gubow, Hanley, Brackenridge, Dobb, Goschka, Middleton,

Nays: None.

 

 

The Committee on Tax Policy, by Rep. Profit, Chair, reported

House Bill No. 5121, entitled

A bill to amend 1986 PA 281, entitled "The local development financing act," by amending sections 2 and 11a (MCL 125.2152 and 125.2161a), section 2 as amended by 1996 PA 270 and section 11a as amended by 1996 PA 452.

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.

 

 

 

HB 5121 To Report Out:

Yeas: Reps. Profit, Quarles, Agee, Freeman, Gubow, Hanley, Perricone, Brackenridge, Dobb, Middleton,

Nays: None.

 

 

The Committee on Tax Policy, by Rep. Profit, Chair, reported

House Bill No. 5125, entitled

A bill to amend 1977 PA 89, entitled "State aid to public libraries act," by amending section 5 (MCL 397.555).

With the recommendation that the bill pass.

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

 

 

 

HB 5125 To Report Out:

Yeas: Reps. Profit, Quarles, Agee, Freeman, Gubow, Hanley, Perricone, Brackenridge, Middleton,

Nays: None.

 

 

The Committee on Tax Policy, by Rep. Profit, Chair, reported

House Bill No. 5223, entitled

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

With the recommendation that the bill pass.

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

 

 

 

HB 5223 To Report Out:

Yeas: Reps. Profit, Quarles, Agee, Freeman, Gubow, Hanley, Perricone, Brackenridge, Middleton,

Nays: None.

 

The following report, submitted by Rep. Profit, Chair of the Committee on Tax Policy, was received and read:

Meeting held on: Wednesday, October 22, 1997, at 9:00 a.m.,

Present: Reps. Profit, Quarles, Agee, Freeman, Gubow, Hanley, Perricone, Brackenridge, Dobb, Goschka, Middleton,

Absent: Reps. Palamara, Wallace, Wetters, Wojno, Cassis, Whyman,

Excused: Reps. Palamara, Wallace, Wetters, Wojno, Cassis, Whyman.

 

 

 

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

Meeting held on: Wednesday, October 22, 1997, at 12:00 Noon,

Present: Reps. Gire, Bogardus, Agee, Brown, Cherry, Curtis, Kilpatrick, LaForge, Schauer, Scott, Dalman, Crissman, Cropsey, Jelinek, LeTarte, McNutt, Middleton.

 

 

 

The following report, submitted by Rep. Baird, Chair of the Committee on Mental Health, was received and read:

Meeting held on: Wednesday, October 22, 1997, at 12:00 Noon,

Present: Reps. Baird, Brater, Gubow, LaForge, Scranton, Cassis, Green, Hammerstrom,

Absent: Rep. Wallace,

Excused: Rep. Wallace.

 

 

 

The following report, submitted by Rep. Willard, Chair of the Committee on Senior Citizens and Veterans Affairs, was received and read:

Meeting held on: Wednesday, October 22, 1997, at 12:00 Noon,

Present: Reps. Willard, Schermesser, Anthony, Baade, DeHart, Lowe, Goschka, Kaza, Rocca.

 

 

 

 

House Bill No. 4646, entitled

A bill to amend 1965 PA 190, entitled "An act to provide for a system of uniformity of service for veterans," by amending section 1 (MCL 35.61).

The Senate has substituted (S-1) the bill.

The Senate has passed the bill as substituted (S-1) and ordered that it be given immediate effect.

The Speaker announced that pursuant to Rule 45, the bill was laid over one day.

 

 

Senate Bill No. 190, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," (MCL 380.1 to 380.1852) by adding section 1310.

The Senate has passed the bill.

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

 

 

 

 

The Clerk announced the enrollment printing and presentation to the Governor on Monday, October 20, for his approval of the following bills:

Enrolled Senate Bill No. 227 at 3:00 p.m.

Enrolled Senate Bill No. 228 at 3:02 p.m.

 

The Clerk announced that the following Senate bills had been received on Wednesday, October 22:

Senate Bill Nos. 226 313 596 600 720 727 728 741 755

The Clerk announced that the following bills had been printed and placed upon the files of the members, Monday, October 20:

Senate Bill Nos. 750 752 753 754 756

 

 

 

 

Reps. Alley, Middaugh, Bodem, LaForge, Kilpatrick, Mans, Gagliardi, Griffin, Murphy, Anthony, McNutt, Law, Harder, Cherry, Bogardus, Brewer, Palamara, Callahan, LeTarte, Llewellyn, Rhead, Jellema, Wetters, DeHart, Varga, Green, McManus, Richner, Basham, Gernaat, Sikkema, Dobronski, Prusi, Galloway, Agee, Schermesser, Baird and Perricone introduced

House Bill No. 5301, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 21507 (MCL 324.21507), as amended by 1996 PA 181, and by adding section 21308b and part 216.

The bill was read a first time by its title and referred to the Committee on Conservation, Environment and Recreation.

 

 

Reps. Middaugh and Alley introduced

House Bill No. 5302, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 21302, 21304, 21304a, 21307, 21307a, 21308a, 21309a, 21310a, 21311a, 21312a, 21313a, 21314a, and 21315 (MCL 324.21302, 324.21304, 324.21304a, 324.21307, 324.21307a, 324.21308a, 324.21309a, 324.21310a, 324.21311a, 324.21312a, 324.21313a, 324.21314a, and 324.21315), sections 21302 and 21307 as amended and sections 21307a and 21314a as added by 1995 PA 22 and sections 21304a, 21308a, 21309a, 21310a, 21311a, 21312a, 21313a, and 21315 as amended by 1996 PA 116.

The bill was read a first time by its title and referred to the Committee on Conservation, Environment and Recreation.

 

 

Reps. Bogardus, Freeman, Callahan, Hale, Martinez, LaForge, Schauer, Owen, Thomas, Murphy, Rison, Gire, Kilpatrick, Hanley, Price, Mans, Wojno, Schermesser, Brewer, Kelly, Scott, Dobronski, Olshove, Baade, Baird, Willard, Vaughn, Cherry, Harder, Gubow, Anthony, Prusi, Mathieu, Hood, Brater, Tesanovich, Agee, Profit, Wallace and Palamara introduced

House Bill No. 5303, entitled

A bill to amend 1936 (Ex Sess) PA 1, entitled "Michigan employment security act," by amending sections 27, 29, and 50 (MCL 421.27, 421.29, and 421.50), section 27 as amended by 1995 PA 181 and sections 29 and 50 as amended by 1995 PA 25.

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

 

 

Rep. Hammerstrom introduced

House Bill No. 5304, entitled

A bill to amend 1997 PA 16, entitled "The playground equipment safety act," by amending section 4 (MCL 408.684).

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

 

 

 

 

Rep. Murphy moved that the House adjourn.

The motion prevailed, the time being 3:50 p.m.

 

Acting Speaker DeHart declared the House adjourned until Thursday, October 23, at 10:00 a.m.