No. 52
STATE OF MICHIGAN
JOURNAL
OF THE
House of Representatives
89th Legislature
REGULAR SESSION OF 1998
House Chamber, Lansing, Thursday, May 28, 1998.
10:00 a.m.
The House was called to order by the Associate Speaker Pro Tempore.
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--excused
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--excused
Jansen--present
Jelinek--present
Jellema--present
Johnson--present
Kaza--present
Kelly--present
Kilpatrick--e/d/s
Kukuk--present
LaForge--present
Law--present
Leland--present
LeTarte--present
Llewellyn--present
London--present
Lowe--present
Mans--excused
Martinez--present
Mathieu--present
McBryde--present
McManus--present
McNutt--present
Middaugh--present
Middleton--present
Murphy--present
Nye--present
Olshove--present
Owen--present
Oxender--present
Palamara--e/d/s
Parks--present
Perricone--present
Price--present
Profit--present
Prusi--present
Quarles--present
Raczkowski--present
Rhead--present
Richner--present
Rison--present
Rocca--present
Sanborn--present
Schauer--present
Schermesser--present
Schroer--present
Scott--present
Scranton--present
Sikkema--present
Stallworth--present
Tesanovich--present
Thomas--present
Varga--excused
Vaughn--present
Voorhees--present
Walberg--present
Wallace--present
Wetters--present
Whyman--present
Willard--present
Wojno--present
e/d/s = entered during session
Rep. Glenn Oxender, from the 59th District, offered the following invocation:
"This is the beginning of a new day. God has given me this day to use as I will. I can waste it or use it for good. What I do today is very important because I am exchanging a day of my life for it. When tomorrow comes, this day will be gone forever, leaving something in its place I have traded for it. I want it to be gain, not loss . . . good, not evil . . . success, not failure . . . in order that I shall not forget the price I paid for it. Lord, thank You for allowing us to serve the people of the State of Michigan. Amen."
______
Rep. Hammerstrom moved that Rep. Horton be excused from today's session.
The motion prevailed.
Rep. Cherry moved that Reps. Dobronski and Mans be excused from today's session.
The motion prevailed.
Notices
May 28, 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
By unanimous consent the House returned to the order of
Reports of Standing Committees
House Resolution No. 307.
A resolution to request the Michigan Jobs Commission to give prior notification to the legislature regarding changes to the operations of Welcome Centers, especially proposed closings.
(For text of resolution, see House Journal No. 48, p. 1095.)
(The resolution was reported by the Committee on Tourism on May 27, consideration of which was postponed until today under the rules.)
The question being on the adoption of the resolution,
The resolution was adopted, a majority of the members serving voting therefor.
House Concurrent Resolution No. 107.
A concurrent resolution to request the Michigan Jobs Commission to give prior notification to the legislature regarding changes to the operations of Welcome Centers, especially proposed closings.
(For text of resolution, see House Journal No. 48, p. 1095.)
(The concurrent resolution was reported by the Committee on Tourism on May 27, consideration of which was postponed until today under the rules.)
The question being on the adoption of the concurrent resolution,
The concurrent resolution was adopted, a majority of the members serving voting therefor.
Second Reading of Bills
House Bill No. 5312, entitled
A bill to protect certain trade secrets; to prohibit disclosure of trade secrets; to provide for remedies; and to repeal acts and parts of acts.
The bill was read a second time.
Rep. Richner 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. Richner 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 Speaker Pro Tempore assumed the Chair.
House Bill No. 4471, entitled
A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending section 3109a (MCL 500.3109a).
Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Insurance,
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 2, line 5, after "3107" by inserting "NOT COVERED BY THE POLICY, CERTIFICATE, CONTRACT, OR PLAN".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. McNutt 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. 5851, entitled
A bill to designate highway M-6 in Kent and Ottawa counties as the Paul B. Henry freeway; and to prescribe the duties of the state transportation department.
The bill was read a second time.
Rep. Byl moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed, a majority of the members voting therefor.
House Bill No. 5069, entitled
A bill to authorize the state administrative board to convey certain state owned property in Ingham county; to prescribe conditions for the conveyance; and to provide for disposition of the revenue derived from the conveyance.
Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Regulatory Affairs,
The substitute (H-2) was adopted, a majority of the members serving voting therefor.
Rep. Martinez 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. 5078, entitled
A bill to amend 1954 PA 116, entitled "Michigan election law," by amending sections 200 and 643 (MCL 168.200 and 168.643).
Was read a second time, and the question being on the adoption of the proposed substitute (H-3) previously recommended by the Committee on Local Government,
The substitute (H-3) was adopted, a majority of the members serving voting therefor.
Rep. Brackenridge 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. 5843, entitled
A bill to amend 1919 PA 339, entitled "Dog law of 1919," by amending sections 6, 8, 9, 14, 15, and 17 (MCL 287.266, 287.268, 287.269, 287.274, 287.275, and 287.277).
Was read a second time, and the question being on the adoption of the proposed amendments previously recommended by the Committee on Agriculture (for amendments, see House Journal No. 49, p. 1135),
The amendments were adopted, a majority of the members serving voting therefor.
Rep. McNutt moved to amend the bill as follows:
1. Amend page 1, line 3, after "IS" by striking out "6" and inserting "4".
2. Amend page 2, line 14, by striking out all of subdivisions (A) and (B) and relettering the remaining subdivisions.
3. Amend page 3, line 20, after "SUBSECTION" by striking out "(3)(D), (E), OR (F)" and inserting "(3)(B), (C), OR (D)".
4. Amend page 3, line 26, after "ACT" by inserting "AS IT PERTAINS TO DOGS".
5. Amend page 3, line 26, after "ACT." by inserting "FOR A SPAYED OR NEUTERED DOG, THE LICENSE FEE, IF ANY, SHALL BE SET LOWER THAN THE LICENSE FEE FOR A DOG THAT IS NOT SPAYED OR NEUTERED. IN ADDITION, THE LICENSE FEE MAY BE SET HIGHER FOR A DELINQUENT APPLICATION THAN FOR A TIMELY APPLICATION.".
6. Amend page 5, line 4, after "6(3)(A)" by striking out the balance of the line through "(C)" on line 5.
7. Amend page 5, line 5, after "IS" by striking out "6" and inserting "4".
8. Amend page 5, line 8, after "BECOME" by striking out "6" and inserting "4".
9. Amend page 5, line 9, after "BECOMES" by striking out "6" and inserting "4".
10. Amend page 5, line 10, after "6(3)(A)" by striking out the balance of the line.
The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.
Rep. McNutt 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. 5866, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 8501 and 8511 (MCL 324.8501 and 324.8511), as added by 1995 PA 60, and by adding section 8517.
Was read a second time, and the question being on the adoption of the proposed amendments previously recommended by the Committee on Agriculture (for amendments, see House Journal No. 49, p. 1135),
The amendments were adopted, a majority of the members serving voting therefor.
Rep. Wetters moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed, a majority of the members voting therefor.
Messages from the Governor
Enrolled House Bill No. 4306, entitled
An act to make appropriations for the department of community health and certain state purposes related to mental health, public health, and medical services for the fiscal year ending September 30, 1998, and to make certain appropriations for those purposes and adjust certain appropriations for those purposes for the fiscal year ending September 30, 1997; to provide for the expenditure of such appropriations; to create funds; to provide for reports; to prescribe the powers and duties of certain local and state agencies and departments; and to provide for disposition of fees and other income received by the various state agencies.
(The bill was returned by the Governor with line item vetoes and postponed for the day on September 23, 1997, see House Journal No. 70 of 1997, p. 1908.)
The question being on the passage of the disapproved items, the objection of the Governor to the contrary notwithstanding,
Rep. Gagliardi moved that the bill be re-referred to the Committee on Appropriations.
The motion prevailed.
Enrolled House Bill No. 4310, entitled
An act to amend 1979 PA 94, entitled "An act to make appropriations to aid in the support of the public schools and the intermediate school districts of the state; to make appropriations for certain other purposes relating to education; to provide for the disbursement of the appropriations; to supplement the school aid fund by the levy and collection of certain taxes; to prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to prescribe penalties; and to repeal certain acts and parts of acts," by amending sections 3, 6, 6a, 11, 17b, 20, 20c, 20d, 23, 24, 25, 26, 31a, 36, 39, 41, 51a, 52, 53a, 54, 56, 57, 58, 61a, 62, 74, 81, 94, 99, 101, 107, 111, 124, 147, 151, 167, and 169a (MCL 388.1603, 388.1606, 388.1606a, 388.1611, 388.1617b, 388.1620, 388.1620c, 388.1620d, 388.1623, 388.1624, 388.1625, 388.1626, 388.1631a, 388.1636, 388.1639, 388.1641, 388.1651a, 388.1652, 388.1653a, 388.1654, 388.1656, 388.1657, 388.1658, 388.1661a, 388.1662, 388.1674, 388.1681, 388.1694, 388.1699, 388.1701, 388.1707, 388.1711, 388.1724, 388.1747, 388.1751, 388.1767, and 388.1769a), sections 3, 6, 17b, 20c, 20d, 23, 24, 36, 39, 41, 52, 54, 56, 57, 58, 61a, 62, 74, 81, 94, 101, 111, 147, and 167 as amended and sections 25, 51a, 53a, and 169a as added by 1996 PA 300, sections 6a, 124, and 151 as amended by 1995 PA 130, sections 11, 20, 31a, 99, and 107 as amended by 1997 PA 24, and section 26 as amended by 1994 PA 283, and by adding sections 20k, 26a, 31b, 31c, 67, 68, 112, 166d, and 166e; and to repeal acts and parts of acts.
(The bill was returned by the Governor with line item vetoes, line item vetoes separated and veto of Sec. 31(a) sustained, remaining items postponed for the day on September 23, 1997, see House Journal No. 70 of 1997, p. 1909.)
The question being on the passage of the remaining disapproved items, the objection of the Governor to the contrary notwithstanding,
Rep. Gagliardi moved that the bill be re-referred to the Committee on Appropriations.
The motion prevailed.
By unanimous consent the House returned to the order of
Second Reading of Bills
House Bill No. 5561, entitled
A bill to provide for the licensing and regulation of lead abatement contractors; to create the lead abatement contractors licensing board; to establish powers and duties of certain state agencies and officials; to create certain funds and to provide for expenditures from the funds; to impose certain fees; and to prescribe penalties and provide remedies.
Was read a second time, and the question being on the adoption of the proposed substitute (H-3) previously recommended by the Committee on Health Policy,
The substitute (H-3) was not adopted, a majority of the members serving not voting therefor.
Rep. Schermesser moved to substitute (H-6) the bill.
The motion prevailed and the substitute (H-6) was adopted, a majority of the members serving voting therefor.
______
Rep. Brackenridge moved that Rep. Gernaat be excused temporarily from today's session.
The motion prevailed.
Rep. Nye moved that Rep. Walberg be excused temporarily from today's session.
The motion prevailed.
Rep. Hammerstrom moved to amend the bill as follows:
1. Amend page 17, line 1, by striking out all of section 5478.
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Schermesser moved to reconsider the vote by which the House adopted the amendment.
The motion prevailed, a majority of the members present voting therefor.
The question being on the adoption of the amendment offered by Rep. Hammerstrom,
Rep. Hammerstrom demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Hammerstrom,
The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 492 Yeas--47
Bankes Fitzgerald Kaza Nye
Birkholz Galloway Kukuk Perricone
Bobier Geiger Law Raczkowski
Bodem Gilmer LeTarte Rhead
Brackenridge Godchaux Llewellyn Richner
Byl Green London Rocca
Cassis Gustafson Lowe Sanborn
Crissman Hammerstrom McBryde Scranton
Cropsey Jansen McManus Sikkema
Dalman Jelinek McNutt Voorhees
DeVuyst Jellema Middaugh Whyman
Dobb Johnson Middleton
Nays--53
Agee Frank LaForge Rison
Alley Freeman Leland Schauer
Anthony Gagliardi Martinez Schermesser
Baade Gire Mathieu Schroer
Baird Goschka Murphy Scott
Basham Griffin Olshove Stallworth
Bogardus Gubow Owen Tesanovich
Brater Hale Oxender Thomas
Brewer Hanley Parks Vaughn
Brown Harder Price Wallace
Callahan Hertel Profit Wetters
Cherry Hood Prusi Willard
Curtis Kelly Quarles Wojno
Emerson
In The Chair: Murphy
Reps. Hammerstrom and Schermesser moved to amend the bill as follows:
1. Amend page 14, line 3, after "(C)" by striking out the balance of the line through "POISONING." on line 5 and inserting "A TECHNICAL ASSISTANCE SYSTEM FOR HEALTH CARE PROVIDERS TO ASSIST THOSE PROVIDERS IN MANAGING CASES OF CHILDHOOD LEAD POISONING.".
2. Amend page 14, line 7, after "DEPARTMENT" by inserting "AS PROVIDED FOR IN RULE".
The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.
Rep. Schermesser moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed, a majority of the members voting therefor.
Rep. 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
Third Reading of Bills
House Bill No. 5561, entitled
A bill to provide for the licensing and regulation of lead abatement contractors; to create the lead abatement contractors licensing board; to establish powers and duties of certain state agencies and officials; to create certain funds and to provide for expenditures from the funds; to impose certain fees; and to prescribe penalties and provide remedies.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 493 Yeas--100
Agee Dobb Johnson Profit
Alley Emerson Kelly Prusi
Anthony Fitzgerald Kukuk Quarles
Baade Frank LaForge Raczkowski
Baird Freeman Law Rhead
Bankes Gagliardi Leland Richner
Basham Galloway LeTarte Rison
Birkholz Geiger Llewellyn Rocca
Bobier Gilmer London Sanborn
Bodem Gire Lowe Schauer
Bogardus Godchaux Martinez Schermesser
Brackenridge Goschka Mathieu Schroer
Brater Green McBryde Scott
Brewer Griffin McManus Scranton
Brown Gubow McNutt Sikkema
Byl Gustafson Middaugh Stallworth
Callahan Hale Middleton Tesanovich
Cassis Hammerstrom Murphy Thomas
Cherry Hanley Nye Vaughn
Ciaramitaro Harder Olshove Voorhees
Crissman Hertel Owen Wallace
Curtis Hood Oxender Wetters
Dalman Jansen Parks Whyman
DeHart Jelinek Perricone Willard
DeVuyst Jellema Price Wojno
Nays--2
Cropsey Kaza
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 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding sections 5451, 5457, 5458, 5459, 5460, 5460a, 5461, 5468, 5469, 5470, 5472, 5473a, 5474, 5475, 5477, and 5478.
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. Alley, Anthony, Bankes, Basham, Bodem, Brown, Callahan, Cherry, DeHart, Freeman, Middaugh, Murphy, Prusi, Quarles, Raczkowski, Rison, Rocca, Stallworth, Vaughn, Wetters and Wojno were named co-sponsors of the bill.
Second Reading of Bills
Senate Bill No. 1047, entitled
A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding part 54a.
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 not adopted, a majority of the members serving not voting therefor.
Rep. Schermesser moved to substitute (H-5) the bill.
The motion prevailed and the substitute (H-5) was adopted, a majority of the members serving voting therefor.
Rep. Stallworth moved to amend the bill as follows:
1. Amend page 3, line 12, after "THAT" by inserting "MEETS NATIONAL COMMERCIAL AND RESIDENTIAL LEAD ABATEMENT STANDARDS AND".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
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.
______
Rep. Kelly moved that Rep. Scott be excused temporarily from today's session.
The motion prevailed.
Rep. Kilpatrick entered the House Chambers.
By unanimous consent the House returned to the order of
Third Reading of Bills
Senate Bill No. 1047, entitled
A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding part 54a.
The bill was read a third time.
The question being on the passage of the bill,
Rep. Hammerstrom moved that consideration of the bill be postponed temporarily.
The motion prevailed.
Second Reading of Bills
House Bill No. 5627, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 61506a.
Was read a second time, and the question being on the adoption of the proposed substitute (H-3) previously recommended by the Committee on Forestry and Mineral Rights,
The substitute (H-3) was adopted, a majority of the members serving voting therefor.
Rep. Raczkowski moved to amend the bill as follows:
1. Amend page 1, line 1, after "SEC. 61506A." by striking out "(1)".
2. Amend page 1, line 9, by striking out all of subsections (2) and (3).
The motion did not prevail and the amendments were not adopted, a majority of the members serving not voting therefor.
Rep. Quarles 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
Third Reading of Bills
House Bill No. 5627, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 61506a.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 494 Yeas--76
Agee Curtis Hood Profit
Alley DeHart Jelinek Prusi
Anthony Dobb Jellema Quarles
Baade Emerson Johnson Raczkowski
Baird Fitzgerald Kelly Rison
Basham Frank Kilpatrick Rocca
Bobier Freeman LaForge Schauer
Bodem Gagliardi Law Schermesser
Bogardus Galloway Leland Schroer
Brackenridge Gilmer Martinez Scott
Brater Gire Mathieu Scranton
Brewer Godchaux McManus Stallworth
Brown Goschka Middleton Tesanovich
Byl Griffin Murphy Thomas
Callahan Gubow Olshove Vaughn
Cassis Hale Owen Wallace
Cherry Hanley Oxender Wetters
Ciaramitaro Harder Parks Willard
Crissman Hertel Price Wojno
Nays--27
Bankes Gustafson London Rhead
Birkholz Hammerstrom Lowe Richner
Cropsey Jansen McBryde Sanborn
Dalman Kaza McNutt Sikkema
DeVuyst Kukuk Middaugh Voorhees
Geiger LeTarte Nye Whyman
Green Llewellyn 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. Anthony, Cassis, DeHart, Freeman, Hood, Law, Martinez, Prusi and Vaughn were named co-sponsors of the bill.
Second Reading of Bills
House Bill No. 5035, entitled
A bill to amend 1851 PA 156, entitled "An act to define the powers and duties of the county boards of commissioners of the several counties, and to confer upon them certain local, administrative and legislative powers; and to prescribe penalties for the violation of the provisions of this act," by amending section 12a (MCL 46.12a), as amended by 1996 PA 390.
The bill was read a second time.
Rep. Rocca 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
Third Reading of Bills
House Bill No. 5035, entitled
A bill to amend 1851 PA 156, entitled "An act to define the powers and duties of the county boards of commissioners of the several counties, and to confer upon them certain local, administrative and legislative powers; and to prescribe penalties for the violation of the provisions of this act," by amending section 12a (MCL 46.12a), as amended by 1996 PA 390.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 495 Yeas--99
Agee Dobb Kaza Profit
Alley Emerson Kelly Prusi
Anthony Fitzgerald Kilpatrick Quarles
Baade Frank Kukuk Raczkowski
Baird Freeman LaForge Rhead
Bankes Gagliardi Law Richner
Basham Galloway Leland Rison
Birkholz Geiger LeTarte Rocca
Bobier Gilmer Llewellyn Sanborn
Bodem Gire London Schauer
Bogardus Godchaux Lowe Schermesser
Brackenridge Goschka Martinez Schroer
Brater Green Mathieu Scott
Brewer Griffin McBryde Scranton
Brown Gubow McManus Sikkema
Byl Gustafson McNutt Stallworth
Callahan Hale Middaugh Tesanovich
Cassis Hammerstrom Middleton Thomas
Ciaramitaro Hanley Murphy Vaughn
Crissman Harder Nye Voorhees
Cropsey Hertel Owen Wallace
Curtis Jansen Oxender Whyman
Dalman Jelinek Parks Willard
DeHart Jellema Perricone Wojno
DeVuyst Johnson Price
Nays--0
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.
Rep. Gilmer was named co-sponsor of the bill.
______
Rep. Palamara entered the House Chambers.
Second Reading of Bills
Senate Bill No. 273, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 82113 (MCL 324.82113), as amended by 1997 PA 102.
Was read a second time, and the question being on the adoption of the proposed substitute (H-5) previously recommended by the Committee on Conservation, Environment and Recreation,
The substitute (H-5) was adopted, a majority of the members serving voting therefor.
Rep. Alley moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed, a majority of the members voting therefor.
By unanimous consent the House returned to the order of
Third Reading of Bills
The House returned to the consideration of
Senate Bill No. 1047, entitled
A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding part 54a.
(The bill was considered earlier today, see today's Journal, p. 1205.)
Rep. Cherry moved to reconsider the vote by which the House placed the bill on the order of Third Reading of Bills.
The motion prevailed, a majority of the members present voting therefor.
______
The Speaker Pro Tempore called Acting Speaker Hanley to the Chair.
Second Reading of Bills
Senate Bill No. 1047, entitled
A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding part 54a.
Rep. Cherry moved to reconsider the vote by which the House adopted the amendment offered previously by Rep.Stallworth.
The motion prevailed, a majority of the members present voting therefor.
The question being on the adoption of the amendment offered previously by Rep. Stallworth,
Rep. Stallworth withdrew the amendment.
Rep. Cherry 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
Third Reading of Bills
Senate Bill No. 1047, entitled
A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding part 54a.
The question being on the passage of the bill,
The bill was then passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 496 Yeas--97
Agee Dobb Kukuk Profit
Alley Emerson LaForge Prusi
Anthony Fitzgerald Law Quarles
Baade Frank Leland Raczkowski
Baird Freeman LeTarte Rhead
Bankes Galloway Llewellyn Richner
Basham Geiger London Rison
Birkholz Gilmer Lowe Rocca
Bobier Gire Martinez Sanborn
Bodem Godchaux Mathieu Schauer
Bogardus Goschka McBryde Schermesser
Brackenridge Green McManus Schroer
Brater Gubow McNutt Scott
Brown Gustafson Middaugh Scranton
Byl Hale Middleton Sikkema
Callahan Hammerstrom Murphy Tesanovich
Cassis Hanley Nye Thomas
Cherry Harder Olshove Vaughn
Ciaramitaro Hood Owen Voorhees
Crissman Jansen Oxender Wallace
Cropsey Jelinek Palamara Wetters
Curtis Jellema Parks Whyman
Dalman Kelly Perricone Willard
DeHart Kilpatrick Price Wojno
DeVuyst
Nays--3
Brewer Kaza Stallworth
In The Chair: Hanley
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 1978 PA 368, entitled "An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates," (MCL 333.1101 to 333.25211) by adding sections 5452, 5453, 5454, 5455, 5456, 5461a, 5462, 5463, 5464, 5465, 5466, 5467, 5471, 5473, and 5476.
The motion prevailed.
The House agreed to the title as amended.
Rep. Cherry moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
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Rep. Stallworth, 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 will cast a no vote for passage of this bill because this chamber has not done due diligence in ensuring that the federal dollars we receive will be expended for actual lead abatement. The bill does create a mechanism for training which meets EPA requirements. But the problem that we have in Michigan in general, and in older or urban communities in particular, is not training but actual abatement work.
By passing this bill we are acquiring federal money for a limited number of trainers. We are not addressing why lead abatement work is not being conducted or is even attractive to the contracting community.
The legislation fails to create any support for local governments who ultimately have the challenge of abating residential homes and protecting children and families from lead poisoning. Currently, and as a result of this legislation; in the future contractors will be paid by performance bid rather than time and expense contracts. Because of the age of the majority of homes which need abatement, many have serious repair and health issues that must be addressed before abatement can begin. This means that a contractor frequently bids on a job and either is stuck with the other repair costs, or must renegotiate the bid based on the new exposures.
This legislation is void of a time and expense payment option for use by local governments. Therefore, the contracting community will remain hesitant to undertake residential abatement in any meaningful volume which will substantially impact the protection of Michigan families.
I am also very disappointed that the members of this chamber do not understand the importance of assuring wages for laborers who become trained to do this very important work. By failing to adopt the amendment to ensure that along with meeting EPA requirements, an accredited training program will meet National Commercial and Residential Training Standards, we are discouraging time and expense contracts and prevailing wages.
The inclusion of this amendment would have ensured that laborers receiving certification would become part of a work-force pool available to the contracting community upon which it could hire personnel on a job by job basis in the specified skilled trade area needed for a particular abatement project. Thus creating a uniform mechanism for local units to develop contract bid specifications which efficiently utilize tax dollars. A local unit could retain internally or externally a risk assessor to establish a floor or base price for a 'lot' of residential properties, and request contractors to bid time and expense plus administrative fees above the base.
Such a process allows local units and contractors to effectively and efficiently manage. The current process discourages prevailing wage, because of the uncertainty contractors have in how to assess profit potential per job. The result is a lack of interest by contractors or laborers in entering the industry.
Regrettably, what this legislation does is create a vehicle for trainers to be paid, while failing to address assuring homes will be abated.
Job creation and public health should have been the ultimate goal of this legislation and our failure to address how contractors and laborers are paid is a missed opportunity the members of this chamber will regret."
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Rep. Cherry moved that House Committees be given leave to meet during the balance of today's session.
The motion prevailed.
Rep. Cherry moved that when the House adjourns today it stand adjourned until Tuesday, June 2, at 10:00 a.m.
The motion prevailed.
By unanimous consent the House returned to the order of
Motions and Resolutions
Reps. Profit, LaForge, Kelly, Baird, Hale, Parks, Scott, Vaughn, Baade, Anthony, Wallace, Freeman, Hanley, Cherry, Schermesser, Tesanovich, Gire, Schauer, Kilpatrick and Bodem offered the following resolution:
House Resolution No. 310.
A resolution recognizing Delphine Abraham for her efforts to have ethnic, religious, racial and gender based slurs properly defined in standard reference publications.
Whereas, The Michigan House of Representatives recognizes that the State of Michigan is a proud and peaceful state in which people from all over the world, from a wide variety of cultural backgrounds, are invited to come and share in the blessings of liberty, free from unnecessarily hostile, antagonistic and confrontational encounters; and
Whereas, There is a universal understanding that certain words, when used in reference to anyone, are meant as derogatory terms whose purpose is to dehumanize that person and others of their cultural background; and
Whereas, Delphine Abraham, a native of Ypsilanti, a graduate of Belleville High School, and student at Washtenaw Community College has initiated an effort to encourage standard reference works and dictionaries to accurately define the hostile and derogatory "fighting words"; and
Whereas, Ms. Abraham is trying to better the quality of life for people in general, her primary concern is to make the world a better place for our children; now, therefore, be it
Resolved by the House of Representatives, That we hereby commend Ms. Delphine Abraham on her quest and support her efforts in changing the definition of racial slurs in reference works and dictionaries; and be it further
Resolved, That a copy of this resolution be transmitted to Ms. Abraham and to the publishers of standard reference works and dictionaries as evidence of our support for Ms. Abraham's cause.
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.
Reports of Standing Committees
The Committee on Corrections, by Rep. Freeman, Chair, reported
House Bill No. 4364, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 3 of chapter XI (MCL 771.3), as amended by 1994 PA 445.
With the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
HB 4364 To Report Out:
Yeas: Reps. Freeman, Agee, Callahan, DeHart, Galloway, Nye, Sanborn,
Nays: None.
The Committee on Corrections, by Rep. Freeman, Chair, reported
House Bill No. 4365, entitled
A bill to amend 1984 PA 118, entitled "The prisoner reimbursement to the county act," by amending sections 3 and 5 (MCL 801.83 and 801.85), section 3 as amended by 1994 PA 212.
With the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
HB 4365 To Report Out:
Yeas: Reps. Freeman, Agee, Callahan, DeHart, Galloway, Nye, Sanborn,
Nays: None.
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Freeman, Chair of the Committee on Corrections, was received and read:
Meeting held on: Thursday, May 28, 1998, at 8:30 a.m.,
Present: Reps. Freeman, Agee, Callahan, DeHart, Galloway, Nye, Perricone, Sanborn,
Absent: Rep. Mans,
Excused: Rep. Mans.
The Committee on Judiciary, by Rep. Wallace, Chair, reported
House Bill No. 5044, entitled
A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 2441 (MCL 600.2441).
With the recommendation that the substitute (H-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 5044 To Report Out:
Yeas: Reps. Wallace, Baird, Curtis, Freeman, Gubow, Kilpatrick, Nye, Cropsey, Dalman, Fitzgerald, Richner,
Nays: Reps. Vaughn, Willard, McNutt.
The Committee on Judiciary, by Rep. Wallace, Chair, reported
House Bill No. 5880, entitled
A bill to amend 1976 PA 451, entitled "The revised school code," (MCL 380.1 to 380.1852) by adding section 1137a.
With the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
HB 5880 To Report Out:
Yeas: Reps. Wallace, Baird, Curtis, Gubow, Kilpatrick, Vaughn, Willard, Nye, Cropsey, Dalman, Fitzgerald, McNutt, Richner,
Nays: None.
The Committee on Judiciary, by Rep. Wallace, Chair, reported
House Bill No. 5881, entitled
A bill to amend 1974 PA 258, entitled "Mental health code," by amending section 746 (MCL 330.1746) and by adding section 747.
With the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
HB 5881 To Report Out:
Yeas: Reps. Wallace, Baird, Curtis, Gubow, Kilpatrick, Schauer, Vaughn, Willard, Nye, Cropsey, Dalman, Fitzgerald, McNutt, Richner,
Nays: None.
The Committee on Judiciary, by Rep. Wallace, Chair, reported
House Bill No. 5884, entitled
A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding sections 16290 and 20175a.
With the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
HB 5884 To Report Out:
Yeas: Reps. Wallace, Baird, Curtis, Freeman, Gubow, Kilpatrick, Schauer, Vaughn, Willard, Nye, Cropsey, Dalman, Fitzgerald, McNutt, Richner,
Nays: None.
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Wallace, Chair of the Committee on Judiciary, was received and read:
Meeting held on: Wednesday, May 27, 1998, at 4:40 p.m.,
Present: Reps. Wallace, Baird, Curtis, Freeman, Gubow, Kilpatrick, Schauer, Vaughn, Willard, Nye, Cropsey, Dalman, Fitzgerald, McNutt, Richner,
Absent: Reps. Wojno, Law,
Excused: Reps. Wojno, Law.
The Committee on Transportation, by Rep. Leland, Chair, reported
Senate Bill No. 341, entitled
A bill to amend 1972 PA 106, entitled "Highway advertising act of 1972," by amending the title and section 3 (MCL 252.303) and by adding section 4a.
With the recommendation that the substitute (H-3) be adopted and that the bill then pass.
The bill and substitute were referred to the order of Second Reading of Bills.
Favorable Roll Call
SB 341 To Report Out:
Yeas: Reps. Leland, Baade, Brown, Curtis, Schauer, Scott, London, Birkholz, Byl, Gernaat, Green,
Nays: Rep. Galloway.
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Leland, Chair of the Committee on Transportation, was received and read:
Meeting held on: Wednesday, May 27, 1998, at 4:15 p.m.,
Present: Reps. Leland, Schermesser, Baade, Brown, Curtis, Olshove, Schauer, Scott, London, Birkholz, Byl, Galloway, Gernaat, Green, Middleton,
Absent: Reps. Mans, Wojno,
Excused: Reps. Mans, Wojno.
The Committee on Urban Policy and Economic Development, by Rep. Hanley, Chair, reported
House Bill No. 5248, entitled
A bill to amend 1913 PA 271, entitled "An act to create the Michigan historical commission; to provide for the appointment of members of the commission; to fix their terms of office, prescribe their powers and duties; to prescribe the powers and duties of certain state agencies and officers; to make an appropriation to carry out the provisions of this act; to provide for the distribution of certain revenue; to provide for the listing and destruction of useless documents, books and papers; and to repeal all acts and parts of acts inconsistent herewith," by amending section 4 (MCL 399.4), as amended by 1992 PA 190, and by adding section 4b.
With the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
HB 5248 To Report Out:
Yeas: Reps. Hanley, Baird, Cassis, Byl, Voorhees,
Nays: None.
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Hanley, Chair of the Committee on Urban Policy and Economic Development, was received and read:
Meeting held on: Thursday, May 28, 1998, at 8:30 a.m.,
Present: Reps. Hanley, Baird, LaForge, Thomas, Cassis, Byl, Voorhees,
Absent: Reps. Schauer, Raczkowski,
Excused: Reps. Schauer, Raczkowski.
The Committee on Mental Health, by Rep. Baird, Chair, reported
House Bill No. 5247, entitled
A bill to amend 1974 PA 258, entitled "Mental health code," (MCL 330.1001 to 330.2106) by adding chapter 10a.
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 5247 To Report Out:
Yeas: Reps. Baird, Brater, Gubow, LaForge, Wallace,
Nays: None.
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Baird, Chair of the Committee on Mental Health, was received and read:
Meeting held on: Wednesday, May 27, 1998, at 12:00 Noon,
Present: Reps. Baird, Brater, Gubow, LaForge, Wallace, Scranton, Cassis, Green,
Absent: Rep. Hammerstrom,
Excused: Rep. Hammerstrom.
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Gubow, Chair of the Committee on Insurance, was received and read:
Meeting held on: Wednesday, May 27, 1998, at 4:30 p.m.,
Present: Reps. Gubow, Scott, Bogardus, Thomas, Vaughn, Basham, Llewellyn, Green, Jelinek, London, Middaugh, Voorhees,
Absent: Reps. Dobronski, Palamara, Profit, Varga, Law,
Excused: Reps. Dobronski, Palamara, Profit, Varga, Law.
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Wetters, Chair of the Committee on Agriculture, was received and read:
Meeting held on: Thursday, May 28, 1998, at 8:45 a.m.,
Present: Reps. Wetters, Vaughn, Baade, Bogardus, LaForge, Willard, Green, Gernaat, Jelinek, Nye,
Absent: Reps. Brewer, DeVuyst, Horton,
Excused: Reps. Brewer, DeVuyst, Horton.
Announcement by the Clerk of Printing and Enrollment
The Clerk announced that the following bills had been printed and placed upon the files of the members, Tuesday, May 26:
Senate Bill Nos. 1153 1154 1155 1156 1157 1163 1164 1165 1166
The Clerk announced that the following Senate bills had been received on Thursday, May 28:
Senate Bill Nos. 236 603 809 877 988 1025 1093
By unanimous consent the House returned to the order of
Messages from the Senate
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 Senate has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The House agreed to the full title.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
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.
The Senate has amended the bill as follows:
1. Amend page 2, line 10, after "(g)" by striking out "The giving of a" and inserting "GIVE A FALSE".
2. Amend page 2, line 10, after "undertaking," by striking out the balance of the line through "false," on line 11.
3. Amend page 4, line 4, by striking out all of subsection (3).
The Senate has passed the bill as amended, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The Speaker announced that pursuant to Rule 45, the bill was laid over one day.
House Bill No. 5343, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 43513 (MCL 324.43513), as amended by 1996 PA 585.
The Senate has substituted (S-1) the bill.
The Senate has passed the bill as substituted (S-1) and pursuant to Joint Rule 20, inserted the full title.
The Speaker announced that pursuant to Rule 45, the bill was laid over one day.
Senate Bill No. 236, entitled
A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 34c (MCL 211.34c), as amended by 1996 PA 476.
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. 603, entitled
A bill to amend 1975 PA 238, entitled "Child protection law," by amending sections 2 and 8 (MCL 722.622 and 722.628), section 2 as amended by 1996 PA 581 and section 8 as amended by 1997 PA 166, and by adding section 8d.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Human Services and Children.
Senate Bill No. 809, entitled
A bill to amend 1851 PA 156, entitled "An act to define the powers and duties of the county boards of commissioners of the several counties, and to confer upon them certain local, administrative and legislative powers; and to prescribe penalties for the violation of the provisions of this act," by amending section 16b (MCL 46.16b), as added by 1988 PA37.
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. 877, entitled
A bill to amend 1976 PA 451, entitled "The revised school code," (MCL 380.1 to 380.1852) by adding section 1237.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Education.
Senate Bill No. 988, entitled
A bill to amend 1964 PA 170, entitled "An act to make uniform the liability of municipal corporations, political subdivisions, and the state, its agencies and departments, officers, employees, and volunteers thereof, and members of certain boards, councils, and task forces when engaged in the exercise or discharge of a governmental function, for injuries to property and persons; to define and limit this liability; to define and limit the liability of the state when engaged in a proprietary function; to authorize the purchase of liability insurance to protect against loss arising out of this liability; to provide for defending certain claims made against public officers and paying damages sought or awarded against them; to provide for the legal defense of public officers and employees; to provide for reimbursement of public officers and employees for certain legal expenses; and to repeal certain acts and parts of acts," (MCL 691.1401 to 691.1415) by adding section 7a.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Senate Bill No. 1025, entitled
A bill to define certain fruit, vegetable, dairy product, and grain processing uses and practices; to provide for circumstances under which a processing operation is not considered to be a public or private nuisance; to provide for certain powers and duties for certain state agencies and departments; and to provide for certain remedies for certain persons.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Agriculture.
Senate Bill No. 1093, entitled
A bill to amend 1982 PA 239, entitled "An act to license and regulate animal food manufacturing plants, transfer stations, dead animal dealers, rendering plants, and certain vehicles; to regulate the disposal of dead animals and to provide for poultry composting; to prescribe the powers and duties of certain state departments; to impose fees; to prescribe penalties; and to repeal certain acts and parts of acts," by amending the title and sections 3, 15, 19, 21, 23, and 29 (MCL 287.653, 287.665, 287.669, 287.671, 287.673, and 287.679), the title and sections 3, 15, 19, 23, and 29 as amended by 1993 PA 228 and section 21 as amended by 1996 PA 65, and by adding section 28.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Agriculture.
Senate Bill No. 1109, entitled
A bill to establish a vocational education enrollment options program for certain students enrolled in Michigan schools; to prescribe certain duties of public schools; to prescribe certain powers and duties of certain state departments, officials, and agencies; 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 Labor and Occupational Safety.
Senate Bill No. 1110, entitled
A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 502 (MCL 380.502), as amended by 1995 PA 289.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Labor and Occupational Safety.
Senate Bill No. 1111, entitled
A bill to amend 1979 PA 94, entitled "The state school aid act of 1979," by amending section 101 (MCL 388.1701), as amended by 1997 PA 142.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Labor and Occupational Safety.
Senate Bill No. 1132, entitled
A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending sections 502, 503, 504, 505, 506, 507, 508, 509, 510, 511, 512, 513, 514, 515, 516, 517, 518, 519, 520, 521, 522, 523, 524, 525, 526, 527, 528, 529, 530, 531, 532, 533, 534, 535, 536, 537, 538, 539, 540, 541, 542, 543, 544, 545, 546, 547, 548, 549, 549a, 549b, 549c, 549d, 549e, 549f, 549g, 549h, 550a, 821, 822, 8156, 8157, and 8158 (MCL 600.502, 600.503, 600.504, 600.505, 600.506, 600.507, 600.508, 600.509, 600.510, 600.511, 600.512, 600.513, 600.514, 600.515, 600.516, 600.517, 600.518, 600.519, 600.520, 600.521, 600.522, 600.523, 600.524, 600.525, 600.526, 600.527, 600.528, 600.529, 600.530, 600.531, 600.532, 600.533, 600.534, 600.535, 600.536, 600.537, 600.538, 600.539, 600.540, 600.541, 600.542, 600.543, 600.544, 600.545, 600.546, 600.547, 600.548, 600.549, 600.549a, 600.549b, 600.549c, 600.549d, 600.549e, 600.549f, 600.549g, 600.549h, 600.550a, 600.821, 600.822, 600.8156, 600.8157, and 600.8158), sections 504 and 821 as amended by 1996 PA 388, sections 506, 517, 521, 535, 536, 538, 549, and 550a as amended and section 549h as added by 1990 PA 54, sections 507 and 534 as amended by 1994 PA 138, sections 510, 518, 528, and 537 as amended by 1988 PA 134, section 522 as amended and section 549g as added by 1981 PA 182, sections 541 and 549f as amended by 1980 PA 438, sections 542 and 547 as amended by 1984 PA 95, section 549e as added by 1980 PA 129, and section 822 as amended by 1996 PA 374, and by adding sections 549j, 549k, and 880e; 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 Judiciary.
Senate Joint Resolution R, entitled
A joint resolution proposing an amendment to the state constitution of 1963, by amending sections 1, 11, 12, 13, 18, 19, 22, 23, 24, 27, and 30 of article VI; adding section 31 to article VI; and repealing sections 15 and 16 of article VI, to allow the merger of the probate court and the circuit court and to make related amendments regarding the judicial branch.
The Senate has adopted the joint resolution by a 2/3 vote.
The joint resolution was read a first time by its title and referred to the Committee on Judiciary.
Introduction of Bills
Rep. Profit introduced
House Bill No. 5892, entitled
A bill to amend 1975 PA 228, entitled "Single business tax act," by amending section 6 (MCL 208.6) and by adding section 21b.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Rep. Alley introduced
House Bill No. 5893, entitled
A bill to protect and improve the public health, environmental quality, and natural resource values of this state through an effort to reduce or minimize air and water emissions from electricity generation.
The bill was read a first time by its title and referred to the Committee on Conservation, Environment and Recreation.
Reps. Wetters and Bobier introduced
House Bill No. 5894, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 36111 (MCL 324.36111), as amended by 1996 PA 567, and by adding the part heading to part 362 and sections 36201, 36202, and 36203.
The bill was read a first time by its title and referred to the Committee on Agriculture.
Reps. Bobier and Wetters introduced
House Bill No. 5895, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding sections 36204, 36205, 36206, and 36207.
The bill was read a first time by its title and referred to the Committee on Agriculture.
Rep. Anthony introduced
House Bill No. 5896, entitled
A bill to amend 1987 PA 230, entitled "Municipal health facilities corporations act," by amending section 209 (MCL 331.1209), as amended by 1994 PA 398.
The bill was read a first time by its title and referred to the Committee on Health Policy.
Reps. Brown, Harder, Hanley, Wojno, Prusi, Cherry, Kelly, Hale, Olshove, Baade, Scott, DeHart, Schermesser, Leland, Mans, Curtis, Ciaramitaro, Schauer, Stallworth and Thomas introduced
House Bill No. 5897, entitled
A bill to amend 1951 PA 51, entitled "An act to provide for the classification of all public roads, streets, and highways in this state, and for the revision of that classification and for additions to and deletions from each classification; to set up and establish the Michigan transportation fund; to provide for the deposits in the Michigan transportation fund of specific taxes on motor vehicles and motor vehicle fuels; to provide for the allocation of funds from the Michigan transportation fund and the use and administration of the fund for transportation purposes; to set up and establish the truck safety fund; to provide for the allocation of funds from the truck safety fund and administration of the fund for truck safety purposes; to set up and establish the Michigan truck safety commission; to establish certain standards for road contracts for certain businesses; to provide for the continuing review of transportation needs within the state; to authorize the state transportation commission, counties, cities, and villages to borrow money, issue bonds, and make pledges of funds for transportation purposes; to authorize counties to advance funds for the payment of deficiencies necessary for the payment of bonds issued under this act; to provide for the limitations, payment, retirement, and security of the bonds and pledges; to provide for appropriations and tax levies by counties and townships for county roads; to authorize contributions by townships for county roads; to provide for the establishment and administration of the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds; to provide for the deposits in the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds of money raised by specific taxes and fees; to provide for definitions of public transportation functions and criteria; to define the purposes for which Michigan transportation funds may be allocated; to provide for Michigan transportation fund grants; to provide for review and approval of transportation programs; to provide for submission of annual legislative requests and reports; to provide for the establishment and functions of certain advisory entities; to provide for conditions for grants; to provide for the issuance of bonds and notes for transportation purposes; to provide for the powers and duties of certain state and local agencies and officials; to provide for the making of loans for transportation purposes by the state transportation department and for the receipt and repayment by local units and agencies of those loans from certain specified sources; and to repeal acts and parts of acts," (MCL 247.651 to 247.675) by adding section 9c.
The bill was read a first time by its title and referred to the Committee on Appropriations.
Reps. Wojno, Hale, Gire, Bogardus, Baird, Hanley, Martinez, Scott, Anthony, DeHart, Schauer, McBryde, Jansen, Richner, Parks, Brown, Voorhees and Raczkowski introduced
House Bill No. 5898, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 675 (MCL 257.675), as amended by 1998 PA 68.
The bill was read a first time by its title and referred to the Committee on Transportation.
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Rep. Bodem moved that the House adjourn.
The motion prevailed, the time being 12:25 p.m.
Acting Speaker Hanley declared the House adjourned until Tuesday, June 2, at 10:00 a.m.
MARY KAY SCULLION
Clerk of the House of Representatives.