No. 10
STATE OF MICHIGAN
JOURNAL
OF THE
House of Representatives
89th Legislature
REGULAR SESSION OF 1998
House Chamber, Lansing, Thursday, February 5, 1998.
10:00 a.m.
The House was called to order by Acting Speaker Hanley.
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--present
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--absent
Gubow--present
Gustafson--present
Hale--present
Hammerstrom--present
Hanley--present
Harder--present
Hertel--present
Hood--present
Horton--present
Jansen--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--excused
McNutt--present
Middaugh--present
Middleton--present
Murphy--present
Nye--present
Olshove--present
Owen--present
Oxender--present
Palamara--present
Parks--excused
Perricone--present
Price--present
Profit--present
Prusi--present
Quarles--excused
Raczkowski--present
Rhead--present
Richner--present
Rison--present
Rocca--present
Schauer--present
Schermesser--present
Schroer--present
Scott--excused
Scranton--present
Sikkema--present
Stallworth--present
Tesanovich--present
Thomas--present
Varga--present
Vaughn--present
Voorhees--present
Walberg--present
Wallace--present
Wetters--present
Whyman--present
Willard--present
Wojno--present
e/d/s = entered during session
Rep. Eileen DeHart, from the 18th District, offered the following invocation:
"Lord, Guide us today as we do the people's work. Help us put petty differences aside so we can do the greater good for the citizens of our great state. Let us remember to put people before politics keeping in mind we are public servants and answer to You and our constituents. Amen."
______
Rep. Dobronski moved that Reps. Scott and Quarles be excused from today's session.
The motion prevailed.
Rep. Hammerstrom moved that Rep. McManus be excused from today's session.
The motion prevailed.
Notices
February 5, 1998
In accordance with House Rule 10, I hereby designate Representative Michael Hanley, to be the Presiding Officer for all, or part of today's session.
Sincerely,
Curtis Hertel
Speaker of the House
______
The Speaker Pro Tempore assumed the Chair.
Rep. DeHart moved that Rep. Schermesser be excused temporarily from today's session.
The motion prevailed.
By unanimous consent the House returned to the order of
Second Reading of Bills
House Bill No. 4984, entitled
A bill to amend 1971 PA 227, entitled "An act to prescribe the rights and duties of parties to home solicitation sales," by amending section 3 (MCL 445.113).
(The bill was read a second time, substitute (H-1) adopted, amendment offered and postponed temporarily on October 29, 1997, see House Journal No. 85, p. 2236.)
The question being on the adoption of the amendment offered previously by Reps. Rhead, Profit and Palamara,
Rep. Rhead moved that consideration of the amendment be postponed temporarily.
The motion prevailed.
Rep. Ciaramitaro moved to amend the bill as follows:
1. Amend page 3, line 10, after "THAT" by striking out "INCLUDES" and inserting "IS WRITTEN IN A CLEAR AND COHERENT MANNER USING WORDS AND PHRASES OF COMMON AND EVERYDAY MEANING, APPROPRIATELY DIVIDED AND CAPTIONED BY ITS VARIOUS SECTIONS, AND INCLUDING".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Gagliardi moved that consideration of the bill be postponed temporarily.
The motion prevailed.
By unanimous consent the House returned to the order of
Third Reading of Bills
House Bill No. 5524, entitled
A bill to amend 1984 PA 431, entitled "The management and budget act," (MCL 18.1101 to 18.1594) by adding section 255.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 48 Yeas--100
Agee Dobb Jelinek Price
Anthony Dobronski Jellema Profit
Baade Emerson Johnson Prusi
Baird Fitzgerald Kaza Raczkowski
Bankes Frank Kelly Rhead
Basham Freeman Kilpatrick Richner
Birkholz Gagliardi Kukuk Rison
Bobier Galloway LaForge Rocca
Bodem Geiger Law Schauer
Bogardus Gernaat Leland Schermesser
Brackenridge Gilmer LeTarte Schroer
Brater Gire Llewellyn Scranton
Brewer Godchaux Lowe Sikkema
Brown Goschka Mans Stallworth
Byl Green Martinez Tesanovich
Callahan Gubow Mathieu Thomas
Cassis Gustafson McBryde Varga
Cherry Hale McNutt Vaughn
Ciaramitaro Hammerstrom Middleton Voorhees
Crissman Hanley Murphy Walberg
Cropsey Harder Nye Wallace
Curtis Hertel Olshove Wetters
Dalman Hood Owen Whyman
DeHart Horton Oxender Willard
DeVuyst Jansen Palamara Wojno
Nays--2
London Perricone
In The Chair: Murphy
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. Agee, Anthony, Baade, Baird, Bankes, Basham, Birkholz, Bodem, Bogardus, Brater, Byl, Callahan, Cassis, Cherry, Curtis, DeHart, DeVuyst, Dobb, Gagliardi, Goschka, Gustafson, Hale, Hammerstrom, Hanley, Harder, Hood, Jellema, Kilpatrick, Law, Llewellyn, Martinez, McBryde, Murphy, Olshove, Owen, Price, Prusi, Rocca, Schauer, Schermesser, Schroer, Scranton, Tesanovich, Thomas, Vaughn, Walberg, Wallace, Wetters and Wojno were named co-sponsors of the bill.
______
Rep. London, having reserved the right to explain his protest against the passage of the bill, made the following statement:
"Mr. Speaker and members of the House:
I voted no on this legislation because it is bad policy. Currently as PA 51 states, road commissions may engage in contracts with the state of Michigan (MDOT) to provide maintenance, repair, snow plowing, grass mowing and other normal repair including pot hole repair. Road building however is done by private contractors.
This bill was introduced because Wayne County was not allowed to bid on a rebuild job in Wayne and Oakland Counties. Hence, Wayne County is suing MDOT because they didn't get the job. I felt the legislature should not get in the middle of this lawsuit. Further, this bill was on a fast track. I did not even go to Transportation standing committee."
House Bill No. 4028, entitled
A bill to provide for the readability of consumer contracts; to impose certain requirements relating to consumer contracts; to prescribe the powers and duties of certain state officers and departments; to provide remedies; to provide for limitation of actions; and to provide for civil fines and prescribe penalties for violations of this act.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 49 Yeas--55
Agee Dobronski Kelly Rison
Anthony Emerson Kilpatrick Rocca
Baade Fitzgerald LaForge Schauer
Baird Frank Leland Schermesser
Basham Freeman Martinez Stallworth
Bogardus Gagliardi Mathieu Tesanovich
Brater Gire Murphy Thomas
Brewer Gubow Olshove Varga
Brown Hale Owen Vaughn
Callahan Hammerstrom Palamara Wallace
Cherry Hanley Price Wetters
Ciaramitaro Harder Profit Willard
Curtis Hertel Prusi Wojno
DeHart Hood Raczkowski
Nays--47
Bankes Galloway Johnson Nye
Birkholz Geiger Kaza Oxender
Bobier Gernaat Kukuk Perricone
Bodem Gilmer Law Rhead
Brackenridge Godchaux LeTarte Richner
Byl Goschka Llewellyn Schroer
Cassis Green London Scranton
Crissman Gustafson Lowe Sikkema
Cropsey Horton Mans Voorhees
Dalman Jansen McBryde Walberg
DeVuyst Jelinek McNutt Whyman
Dobb Jellema Middleton
In The Chair: Murphy
The House agreed to the title of the bill.
Reps. Anthony, Baade, Bogardus, Brater, Brewer, Callahan, DeHart, Dobronski, Emerson, Frank, Freeman, Gagliardi, Gire, Gubow, Hale, Hood, Kelly, LaForge, Murphy, Olshove, Owen, Rison, Rocca, Wallace, Wetters, Willard and Wojno were named co-sponsors of the bill.
______
Rep. Birkholz, having reserved the right to explain her protest against the passage of the bill, made the following statement:
"Mr. Speaker and members of the House:
I voted no on HB 4028 because it is unnecessary. Contracts are being written today in a more readable and understandable form, while still allowing for well established legal terminology to protect consumers in the legal system. Consumer protection should not require more costly and burdensome regulations which ultimately hurt consumers."
Rep. Richner, having reserved the right to explain his protest against the passage of the bill, made the following statement:
"Mr. Speaker and members of the House:
I think that it is ironic that the bill enacting the so-called "Michigan Plain English Law" (HB 4028) is itself not written in "plain english" as defined by the bill and would fail that test. The bill would increase costs to consumers by requiring vague and undefined terms in the contracts not exempted by the bill, which would ultimately open a floodgate of litigation. The bill is inherently anti-consumer."
Rep. Jelinek, having reserved the right to explain his protest against the passage of the bill, made the following statement:
"Mr. Speaker and members of the House:
I voted no on HB 4028 because it is cumbersome to enforce and will create vague contracts that are more difficult to understand and do less to protect consumers."
Rep. Cassis, having reserved the right to explain her protest against the passage of the bill, made the following statement:
"Mr. Speaker and members of the House:
I voted no on HB 4028 for the following reasons:
* this bill purports to have certain contracts written in plain English and yet the bill itself is written in anything but plain English--how contradictory! Let's set good examples first in the Legislature.
* we see good examples of simplifying language occurring voluntarily
* this bill would create new cost burdens and more bureaucracy
* this bill seems to exempt more contracts from the test of plain English than it includes
* there are terms and definitions that are legal including certain Latin phrases that have come into our formal language."
Rep. Scranton, having reserved the right to explain her protest against the passage of the bill, made the following statement:
"Mr. Speaker and members of the House:
I voted no on bill 4028 because it does not meet the needs of the consumers. We must first write the "Plain English" Bill in plain English in order to avoid vague contracts. This bill will increase costs to consumers due to litigation that will increase due to this bill. This bill also exempts more contracts than it is including."
Rep. Goschka, having reserved the right to explain his protest against the passage of the bill, made the following statement:
"Mr. Speaker and members of the House:
I voted against House Bill 4028 because although I am in full agreement that all consumer contracts should be written in a clear and coherent manner using words and phrases with common and everyday meanings, this bill doesn't quite accomplish that goal. Let me quote from the bill so as to make my point.
The bill reads, in part, as follows:
'Sec. 4 (1) A consumer contract is presumed to be written in plain language if it achieves a score of 50 or more points under the following test:
(a) The total number of words contained in the consumer contract is divided by the total number of sentences contained in that contract.
(b) The quotient determined under subdivision (a) is multiplied by a factor of 1.015.
(c) The total number of syllables contained in the consumer contract is divided by the total number of words in that contract.
(d) The quotient determined under subdivision (c) is multiplied by a factor of 84.6.
(e) The amounts determined under subdivisions (b) and (d) are subtracted from 206.835.'
Mr. Speaker and members, it would be helpful if the bill itself was written in plain English so that we could understand it!
I support anything that would truly effect a change the manner in which contracts one written so that they could be better understood, but I do not believe this bill accomplishes that goal."
Reps. Rhead, Jansen, Bankes, Dalman, Johnson and Gilmer, 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:
Michigan banks have won awards for the quality of their simple English notes and contracts which they have been using for the past twelve years. HB 4028 attempts to add additional simple English requirements to these award winning documents. Doing so would cost the average sized bank about $250,000, a cost that will be passed directly to the consumer. In addition, when simple English contracts were introduced twelve years ago, the amount of papers that the consumer had to read and sign doubled. The result of this was that consumers do not read the documents. They are just too long and there are way too many of them. HB 4028 will serve to again increase both the number and length of these documents, exactly the opposite of what should be done. Passage of HB 4028 will only serve to increase the number of consumers who do not read the forms before they sign them and it will greatly increase the document and closing fees that the consumer will be forced to pay."
Reps. Crissman, Cropsey, Middleton, London, Bodem, McBryde, Dobb, DeVuyst, Jellema, Byl, Oxender, Geiger and Perricone, 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:
While a contract should be more easily understood by the vast majority of people who are not attorneys, this bill does not solve the problem. In fact, the language in this bill that attempts to implement this concept, wouldn't meet any plain English standard. The language includes a complicated math formula taken from the development of a computer program. It includes a complicated math formula taken from the development of a computer program. It includes legalese like "(2) The presumption created under subsection (1) may be rebutted by clear evidence establishing that the consumer contract is not written in a clear and coherent manner."
Also, this bill creates a whole new bureaucratic system for the Attorney General to review contracts, but the bill contains a disclaimer that says the Attorney General if he would tell you whether the contract is legal?
While this bill supports the right concept of making contracts easy to read, this bill is almost incomprehensible.
The following is the actual language from the bill that creates the formula for plain English. I submit, it is not understandable.
'House Bill No. 4028
Sec. 4. (1) A consumer contract is presumed to be written in plain language if it achieves a score of 50 or more points under the following test:
(a) The total number of words contained in consumer contract is divided by the total number of sentences contained in the contract.
(b) The quotient determined under subdivision (a) is multiplied by a factor of 1.015.
(c) The total number of syllables contained in the consumer contract is divided by the total number of words in that contract.
(d) The quotient determined under subdivision (c) is multiplied by a factor of 84.6.
(e) the amounts determined under subdivisions (b) and (d) are subtracted from 206.835.
(2) The presumption created under subsection (1) may be rebutted by evidence establishing that the consumer contract is not written in a clear and coherent manner.
(3) For calculations under this section, each of the following constitutes a single word:
(a) A contraction.
(b) A hyphenated word.
(c) A combination of numbers and letters that designates a finite number.
(4) For calculations under this section, a consumer contract containing not more than 10,000 words shall be examined in its entirety. If the consumer contract contains more than 10,000 words, not less than two 200-word samples per page may be examined in lieu of the entire contract.
(5) Language in a consumer contract that is any of the following shall not be considered in the calculations under subsection (1):
(a) Words and phrases required by state or federal statute, or by a rule promulgated under a state or federal statute.
(b) Words and phrases that are part of a legal description of real property.'"
Second Reading of Bills
House Bill No. 4742, entitled
A bill to amend 1937 PA 94, entitled "Use tax act," (MCL 205.91 to 205.111) by adding section 4m.
Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Tax Policy,
The substitute (H-2) was adopted, a majority of the members serving voting therefor.
Rep. Gubow moved to amend the bill as follows:
1. Amend page 1, line 5, after "OWNED" by striking out "OR" and inserting "AND".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Profit 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. 5053, 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.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Tax Policy,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Profit moved to substitute (H-2) the bill.
The motion prevailed and the substitute (H-2) was adopted, a majority of the members serving voting therefor.
Rep. Gagliardi moved that consideration of the bill be postponed temporarily.
The motion prevailed.
House Bill No. 5343, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 43510 (MCL 324.43510), as added by 1995 PA 57.
Was read a second time, and the question being on the adoption of the proposed substitute (H-3) previously recommended by the Committee on Conservation, Environment and Recreation,
The substitute (H-3) was adopted, a majority of the members serving voting therefor.
Rep. Callahan moved to amend the bill as follows:
1. Amend page 2, line 6, after "SILHOUETTES," by inserting "OR PLINKING".
2. Amend page 2, line 7, after "IS" by striking out "SIGHTING" and inserting "SIGHTING-IN".
The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.
Reps. Brown and Kukuk moved to amend the bill as follows:
1. Amend page 2, line 1, by striking out all of subsection (2) and inserting:
"(2) REGARDLESS OF WHETHER THE PERSON HAS A LICENSE OR IT IS OPEN SEASON FOR THE TAKING OF GAME, A PERSON MAY CARRY, TRANSPORT, POSSESS OR DISCHARGE A FIREARM, A BOW AND ARROW, OR A CROSSBOW IF ALL OF THE FOLLOWING APPLY:
(A) THE PERSON IS NOT TAKING OR ATTEMPTING TO TAKE GAME BUT IS ENGAGED IN 1 OR MORE OF THE FOLLOWING ACTIVITIES:
(i) TARGET PRACTICE USING AN IDENTIFIABLE, ARTIFICIALLY CONSTRUCTED TARGET OR TARGETS.
(ii) PRACTICE WITH SILHOUETTES, SKEET, OR TRAP.
(iii) SIGHTING THE FIREARM, BOW AND ARROW, OR CROSSBOW.
(B) THE PERSON IS, OR IS ACCOMPANIED BY, EITHER OF THE FOLLOWING:
(i) THE OWNER OF THE PROPERTY ON WHICH THE ACTIVITY UNDER SUBDIVISION (A)(i), (ii), OR (iii) IS TAKING PLACE.
(ii) THE LESSEE OF THAT PROPERTY FOR A TERM OF NOT LESS THAN 1 YEAR.
(C) THE OWNER OR LESSEE OF THE PROPERTY DOES NOT RECEIVE REMUNERATION FOR THE ACTIVITY UNDER SUBDIVISION (A)(i), (ii), OR (iii).".
The question being on the adoption of the amendment offered by Reps. Brown and Kukuk,
Rep. Callahan moved to amend the Brown and Kukuk amendment as follows:
1. Amend the Brown Amendment, subparagraph (ii), page 2, line 1, after "SILHOUETTES," by inserting "PLINKING,".
2. Amend the Brown Amendment, subparagraph (iii), page 2, line 1, after "(iii)" by striking out "SIGHTING" and inserting "SIGHTING-IN".
The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.
The question being on the adoption of the amendment offered by Reps. Brown and Kukuk,
The amendment was adopted, a majority of the members serving voting therefor.
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.
House Bill No. 4784, entitled
A bill to amend 1956 PA 218, entitled "The insurance code of 1956," (MCL 500.100 to 500.8302) by adding section 2211.
The bill was read a second time.
Rep. Schroer 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. 4207, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 21707 and 21715 (MCL 333.21707 and 333.21715) and by adding sections 21714 and 21720c.
Was read a second time, and the question being on the adoption of the proposed substitute (H-4) previously recommended by the Committee on Health Policy,
The substitute (H-4) was adopted, a majority of the members serving voting therefor.
Rep. Schroer 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. 5053, 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.
(The bill was considered earlier today, see today's Journal, p. 147.)
Rep. Dobb moved to amend the bill as follows:
1. Amend page 2, line 23, after "estate" by striking out "of" and inserting "OWNED AND OCCUPIED BY".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Profit 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. 4984, entitled
A bill to amend 1971 PA 227, entitled "An act to prescribe the rights and duties of parties to home solicitation sales," by amending section 3 (MCL 445.113).
(The bill was considered earlier today, see today's Journal, p. 142.)
The question being on the adoption of the amendment offered previously by Reps. Rhead, Profit and Palamara,
Rep. Rhead withdrew the amendment.
Rep. Freeman 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.
______
Rep. Gilmer moved that Rep. Johnson 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. 4984, entitled
A bill to amend 1971 PA 227, entitled "An act to prescribe the rights and duties of parties to home solicitation sales," by amending section 3 (MCL 445.113).
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 50 Yeas--101
Agee Dobronski Jellema Price
Anthony Emerson Kaza Profit
Baade Fitzgerald Kelly Prusi
Baird Frank Kilpatrick Raczkowski
Bankes Freeman Kukuk Rhead
Basham Gagliardi LaForge Richner
Birkholz Galloway Law Rison
Bobier Geiger Leland Rocca
Bodem Gernaat LeTarte Schauer
Bogardus Gilmer Llewellyn Schermesser
Brackenridge Gire London Schroer
Brater Godchaux Lowe Scranton
Brewer Goschka Mans Sikkema
Brown Green Martinez Stallworth
Byl Gubow Mathieu Tesanovich
Callahan Gustafson McBryde Thomas
Cassis Hale McNutt Varga
Cherry Hammerstrom Middleton Vaughn
Ciaramitaro Hanley Murphy Voorhees
Crissman Harder Nye Walberg
Cropsey Hertel Olshove Wallace
Curtis Hood Owen Wetters
Dalman Horton Oxender Whyman
DeHart Jansen Palamara Willard
DeVuyst Jelinek Perricone Wojno
Dobb
Nays--0
In The Chair: Murphy
The question being on agreeing to the title of the bill,
Rep. Gagliardi moved to amend the title to read as follows:
A bill to amend 1971 PA 227, entitled "An act to prescribe the rights and duties of parties to home solicitation sales," by amending sections 2 and 3 (MCL 445.112 and 445.113).
The motion prevailed.
The House agreed to the title as amended.
Rep. Gagliardi moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Reps. Baade, Baird, Bankes Basham, Birkholz, Bodem, Bogardus, Brater, Brewer, Brown, Callahan, Cropsey, Dalman, DeHart, Dobb, Dobronski, Fitzgerald, Frank, Gagliardi, Geiger, Gilmer, Gire, Goschka, Green, Hale, Harder, Jansen, Jellema, Kelly, LaForge, Law, Llewellyn, Lowe, McBryde, Middleton, Murphy, Olshove, Owen, Perricone, Richner, Rocca, Schauer, Schermesser, Tesanovich, Varga, Vaughn, Voorhees, Whyman, Willard and Wojno were named co-sponsors of the bill.
House Bill No. 5387, entitled
A bill to amend 1913 PA 206, entitled "An act to declare telephone lines and telephone companies within this state to be common carriers; to regulate the telephone business; to confer certain powers, duties, and responsibilities on the public service commission; to provide for the consolidation of telephone lines and telephone companies; to prohibit certain uses of telephone lines and telephone equipment; to regulate persons using telephone lines and telephone equipment; to prescribe a penalty for the violation of this act; and to repeal certain acts and parts of acts on specific dates," by amending section 25 (MCL 484.125), as added by 1980 PA 47.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 51 Yeas--101
Agee Dobronski Jellema Perricone
Anthony Emerson Johnson Price
Baade Fitzgerald Kaza Profit
Baird Frank Kelly Prusi
Bankes Freeman Kilpatrick Raczkowski
Basham Gagliardi Kukuk Rhead
Birkholz Galloway LaForge Richner
Bobier Geiger Law Rison
Bodem Gernaat Leland Rocca
Bogardus Gilmer LeTarte Schauer
Brackenridge Gire Llewellyn Schermesser
Brater Godchaux London Schroer
Brewer Goschka Lowe Scranton
Brown Green Mans Sikkema
Byl Gubow Martinez Stallworth
Callahan Gustafson Mathieu Tesanovich
Cassis Hale McBryde Thomas
Cherry Hammerstrom McNutt Varga
Ciaramitaro Hanley Middleton Vaughn
Crissman Harder Murphy Voorhees
Cropsey Hertel Nye Walberg
Curtis Hood Olshove Wetters
Dalman Horton Owen Whyman
DeHart Jansen Oxender Willard
DeVuyst Jelinek Palamara Wojno
Dobb
Nays--0
In The Chair: Murphy
The House agreed to the title of the bill.
______
Rep. Gagliardi moved that House Committees be given leave to meet during the balance of today's session.
The motion prevailed.
Rep. Gagliardi moved that when the House adjourns today it stand adjourned until Tuesday, February 10, at 2:00p.m.
The motion prevailed.
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, Thursday, February 5:
House Bill Nos. 5525 5526 5527 5534
By unanimous consent the House returned to the order of
Reports of Standing Committees
The Committee on Education, by Rep. Gire, Chair, reported
House Bill No. 5237, entitled
A bill to amend 1941 PA 207, entitled "Fire prevention code," by amending section 19 (MCL 29.19).
With the recommendation that the substitute (H-1) be adopted and that the bill then pass.
The bill and substitute were referred to the order of Second Reading of Bills.
Favorable Roll Call
HB 5237 To Report Out:
Yeas: Reps. Gire, Bogardus, Agee, Brown, Cherry, Curtis, Kilpatrick, LaForge, Schauer, Scott, Dalman, Crissman, Cropsey, Jelinek, LeTarte, McNutt, Middleton,
Nays: None.
The Committee on Education, by Rep. Gire, Chair, reported
House Bill No. 5476, entitled
A bill to amend 1976 PA 451, entitled "The revised school code," by amending sections 1531 and 1532 (MCL 380.1531 and 380.1532), as amended by 1995 PA 289.
With the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
HB 5476 To Report Out:
Yeas: Reps. Gire, Bogardus, Agee, Brown, Cherry, Curtis, Kilpatrick, LaForge, Schauer, Scott, Dalman, Crissman, Cropsey, Jelinek, LeTarte, McNutt, Middleton,
Nays: None.
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Gire, Chair of the Committee on Education, was received and read:
Meeting held on: Wednesday, February 4, 1998, at 12:00 Noon,
Present: Reps. Gire, Bogardus, Agee, Brown, Cherry, Curtis, Kilpatrick, LaForge, Schauer, Scott, Dalman, Crissman, Cropsey, Jelinek, LeTarte, McNutt, Middleton.
The Committee on Regulatory Affairs, by Rep. Varga, Chair, reported
House Bill No. 5487, entitled
A bill to amend 1980 PA 299, entitled "Occupational code," by amending section 2001 (MCL 339.2001), as amended by 1997 PA 122.
With the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
HB 5487 To Report Out:
Yeas: Reps. Varga, Wojno, Anthony, Leland, Profit, Vaughn, Fitzgerald, Kaza, Richner, Rocca, Scranton, Voorhees,
Nays: None.
The Committee on Regulatory Affairs, by Rep. Varga, Chair, reported
Senate Bill No. 714, entitled
A bill to authorize the department of natural resources to convey certain state owned property in Mackinac county; to prescribe conditions for the conveyance; and to provide for disposition of the revenue derived from the conveyance.
With the recommendation that the substitute (H-1) be adopted and that the bill then pass.
The bill and substitute were referred to the order of Second Reading of Bills.
Favorable Roll Call
SB 714 To Report Out:
Yeas: Reps. Varga, Wojno, Anthony, Leland, Profit, Vaughn, Fitzgerald, Kaza, Richner, Rocca, Scranton, Voorhees,
Nays: None.
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Varga, Chair of the Committee on Regulatory Affairs, was received and read:
Meeting held on: Thursday, February 5, 1998, at 9:00 a.m.,
Present: Reps. Varga, Wojno, Anthony, Leland, Olshove, Profit, Vaughn, Fitzgerald, Kaza, Richner, Rocca, Scranton, Voorhees,
Absent: Reps. Quarles, Scott,
Excused: Reps. Quarles, Scott.
The Committee on Agriculture, by Rep. Wetters, Chair, reported
Senate Bill No. 677, entitled
A bill to amend 1963 PA 181, entitled "Motor carrier safety act of 1963," (MCL 480.11 to 480.22) by adding section5.
With the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
SB 677 To Report Out:
Yeas: Reps. Wetters, Vaughn, Baade, Bogardus, Brewer, LaForge, Green, DeVuyst, Jelinek, Nye,
Nays: None.
The Committee on Agriculture, by Rep. Wetters, Chair, reported
House Concurrent Resolution No. 42.
A concurrent resolution to urge the United States Department of Agriculture to take strong steps to halt all discrimination against Black farmers and to memorialize the Congress of the United States to enact recommended legislation.
(For text of resolution, see House Journal No. 45 of 1997, p. 965.)
With the recommendation that the following amendment be adopted and that the resolution then be adopted.
1. Amend the first Whereas clause, line 1, after "In" by striking out "any situation" and inserting "many situations".
The Speaker announced that under Rule 77 the resolution would lie over one day.
Favorable Roll Call
HCR 42 To Report Out:
Yeas: Reps. Wetters, Vaughn, Baade, Bogardus, Brewer, LaForge, Willard, Green, Horton, Jelinek, Nye,
Nays: None.
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Wetters, Chair of the Committee on Agriculture, was received and read:
Meeting held on: Thursday, February 5, 1998, at 8:45 a.m.,
Present: Reps. Wetters, Vaughn, Baade, Bogardus, Brewer, LaForge, Willard, Green, DeVuyst, Horton, Jelinek, Nye,
Absent: Rep. Gernaat,
Excused: Rep. Gernaat.
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Gubow, Chair of the Committee on Insurance, was received and read:
Meeting held on: Wednesday, February 4, 1998, at 4:10 p.m.,
Present: Reps. Gubow, Bogardus, Palamara, Profit, Thomas, Varga, Vaughn, Basham, Llewellyn, Green, Jelinek, Law, London, Middaugh, Voorhees,
Absent: Reps. Scott, Dobronski,
Excused: Reps. Scott, Dobronski.
Messages from the Senate
Senate Bill No. 202, entitled
A bill to amend 1976 PA 451, entitled "The revised school code," by amending sections 3, 5, 6, 11a, 613, 616, 617, 661, 687, 701, 702, 703, 705, 856, 857, 858, 859, 860, 861, 932, 945, 1361, and 1732 (MCL 380.3, 380.5, 380.6, 380.11a, 380.613, 380.616, 380.617, 380.661, 380.687, 380.701, 380.702, 380.703, 380.705, 380.856, 380.857, 380.858, 380.859, 380.860, 380.861, 380.932, 380.945, 380.1361, and 380.1732), sections 3, 5, 6, and 687 as amended and section 11a as added by 1995 PA 289, section 617 as amended by 1989 PA 268, section 703 as amended by 1981 PA 87, section 705 as amended by 1994 PA 258, sections 857 and 858 as amended by 1992 PA 263, and section 945 as added by 1984 PA 154, and by adding sections 1206 and 1351c; and to repeal acts and parts of acts.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Local Government.
Senate Bill No. 207, entitled
A bill to amend 1954 PA 116, entitled "Michigan election law," (MCL 168.1 to 168.992) by adding section 17 and chapter XIV.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Local Government.
Senate Bill No. 224, entitled
A bill to amend 1954 PA 116, entitled "Michigan election law," by amending sections 30a, 500f, 500g, 501a, 505, 509n, 509r, 509gg, 544c, 644k, 690, 862, 863, 954, and 972 (MCL 168.30a, 168.500f, 168.500g, 168.501a, 168.505, 168.509n, 168.509r, 168.509gg, 168.544c, 168.644k, 168.690, 168.862, 168.863, 168.954, and 168.972), section 501a as amended by 1995 PA 87, sections 509n, 509r, and 509gg as added by 1994 PA 441, section 544c as amended by 1993 PA 137, and section 972 as amended by 1989 PA 26.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Local Government.
Senate Bill No. 715, entitled
A bill to amend 1968 PA 173, entitled "An act naming certain state buildings," by amending section 1 (MCL 19.131), as amended by 1982 PA 229.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on House Oversight and Ethics.
Senate Bill No. 841, entitled
A bill to amend 1982 PA 294, entitled "Friend of the court act," (MCL 552.501 to 552.535) by adding sections 4b and 4c.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Communications from State Officers
The following communications from the Secretary of State were received and read:
Notices of Filing
Administrative Rules
January 14, 1998
In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6 this is to advise you that the Office of Regulatory Reform, Legal Division filed at 1:35 P.M. this date, administrative rule (98-1-1) for the Department of Consumer and Industry Services, Director's Office, entitled "General Industry Safety Standards, Part 3. Fixed Ladders", effective 15 days hereafter.
January 14, 1998
In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6 this is to advise you that the Office of Regulatory Reform, Legal Division filed at 1:37 P.M. this date, administrative rule (98-1-2) for the Department of Consumer and Industry Services, Director's Office, entitled "General Industry Safety Standards, Part 55. Explosives", effective 15 days hereafter.
January 27, 1998
In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6 this is to advise you that the Office of Regulatory Reform, Legal Division filed at 8:20 A.M. this date, administrative rule (98-1-3) for the Department of Consumer and Industry Services, Bureau of Safety and Regulation, entitled "Payment of Wages and Fringe Benefits", effective 15 days hereafter.
Sincerely,
Candice S. Miller
Secretary of State
Helen Kruger, Supervisor
Office of the Great Seal
The communications were referred to the Clerk.
Introduction of Bills
Rep. Gubow introduced
House Bill No. 5541, entitled
A bill to amend 1978 PA 642, entitled "Revised probate code," by amending sections 6, 10, and 421 (MCL 700.6, 700.10, and 700.421) and by adding sections 438, 438a, 438b, 439, 439a, 440, 440a, 440b, and 440c.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Reps. LaForge, Price, Baade, Wallace, Schroer, Varga, Parks, Hood, Prusi, Anthony, Brater, Scott, Hanley, Hale, Kilpatrick, Schauer, Thomas, Brewer, Bogardus, Quarles, Dobronski, Profit, Murphy, Stallworth, Basham and Martinez introduced
House Bill No. 5542, entitled
A bill to amend 1954 PA 116, entitled "Michigan election law," by amending sections 491, 497, and 497a (MCL 168.491, 168.497, and 168.497a), sections 491 and 497 as amended by 1989 PA 142 and section 497a as amended by 1986 PA 220, and by adding section 499e.
The bill was read a first time by its title and referred to the Committee on Local Government.
Reps. Willard, Scott, Wallace, Bogardus, Freeman, Hale, Anthony, Gire and Raczkowski introduced
House Bill No. 5543, entitled
A bill to amend 1953 PA 192, entitled "An act to create a county department of veterans' affairs in certain counties, and to prescribe its powers and duties; and to transfer the powers and duties of the soldiers' relief commission in such counties," by amending section 1 (MCL 35.621), as amended by 1996 PA 108.
The bill was read a first time by its title and referred to the Committee on Senior Citizens and Veterans Affairs.
Reps. Willard, Scott, Wallace, Bogardus, Freeman, Hale, Anthony, Gubow and Gire introduced
House Bill No. 5544, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 1701 and 1704 (MCL 324.1701 and 324.1704).
The bill was read a first time by its title and referred to the Committee on Conservation, Environment and Recreation.
Reps. Olshove, Dobb and Rocca introduced
House Bill No. 5545, entitled
A bill to amend 1969 PA 306, entitled "Administrative procedures act of 1969," by amending section 42 (MCL 24.242), as amended by 1993 PA 141.
The bill was read a first time by its title and referred to the Committee on Public Utilities.
Reps. Dobb, Profit, Perricone, Godchaux, DeVuyst, London, Hammerstrom, Cropsey, Bobier, Gernaat, Dobronski, Brackenridge, Gustafson, Bodem, Law, Crissman, Dalman, Geiger, Horton, Kaza, McBryde, Sikkema, Cassis, Bankes, Johnson, Thomas, Schermesser, Lowe, Goschka, Gilmer, Rhead, Richner, Mans, Birkholz, Raczkowski, Voorhees, Scranton and Palamara introduced
House Bill No. 5546, entitled
A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending section 30 (MCL 206.30), as amended by 1997 PA 86; and to repeal acts and parts of acts.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Reps. Rocca, Callahan, Middaugh, DeVuyst, Baade, Anthony and Alley introduced
House Bill No. 5547, entitled
A bill to repeal 1947 LA 9, entitled "The act to prevent hunting, on Sunday, for game animals and game birds in the county of Macomb;" and to provide for a referendum.
The bill was read a first time by its title and referred to the Committee on Conservation, Environment and Recreation.
Rep. Callahan moved that the House adjourn.
The motion prevailed, the time being 12:25 p.m.
The Speaker Pro Tempore declared the House adjourned until Tuesday, February 10, at 2:00 p.m.
MARY KAY SCULLION
Clerk of the House of Representatives.