No. 41

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

90th Legislature


REGULAR SESSION OF 1999


House Chamber, Lansing, Tuesday, May 11, 1999.

 

2:00 p.m.

 

The House was called to order by Associate Speaker Pro Tempore Scranton.

 

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

 

 

Allen--present

Baird--present

Basham--present

Birkholz--present

Bisbee--present

Bishop--present

Bogardus--present

Bovin--present

Bradstreet--present

Brater--present

Brewer--present

Brown, Bob--present

Brown, Cameron--present

Byl--present

Callahan--present

Cassis--present

Caul--present

Cherry--present

Clark--present

Clarke--present

Daniels--present

DeHart--present

Dennis--present

DeRossett--present

DeVuyst--present

DeWeese--present

Ehardt--present

Faunce--present

Frank--present

Garcia--present

Garza--present

Geiger--present

Gieleghem--present

Gilbert--present

Godchaux--present

Gosselin--present

Green--present

Hager--present

Hale--present

Hanley--present

Hansen--present

Hardman--present

Hart--present

Howell--present

Jacobs--present

Jamnick--present

Jansen--present

Jelinek--present

Jellema--present

Johnson, Rick--present

Johnson, Ruth--present

Julian--present

Kelly--present

Kilpatrick--present

Koetje--present

Kowall--present

Kuipers--present

Kukuk--present

LaForge--present

LaSata--present

Law--present

Lemmons--present

Lockwood--present

Mans--present

Martinez--present

Mead--present

Middaugh--present

Minore--present

Mortimer--present

Neumann--present

O'Neil--present

Pappageorge--present

Patterson--present

Perricone--present

Pestka--present

Price--present

Prusi--present

Pumford--present

Quarles--present

Raczkowski--present

Reeves--present

Richardville--present

Richner--present

Rison--present

Rivet--present

Rocca--present

Sanborn--present

Schauer--present

Schermesser--present

Scott--present

Scranton--present

Shackleton--present

Sheltrown--present

Shulman--present

Spade--present

Stallworth--present

Stamas--present

Switalski--present

Tabor--present

Tesanovich--present

Thomas--present

Toy--present

Vander Roest--present

Van Woerkom--present

Vaughn--present

Vear--present

Voorhees--present

Wojno--present

Woodward--present

Woronchak--present

 

 

e/d/s = entered during session

Father Maurice Restivo, from the St. Anne's Parish in Detroit, offered the following invocation:

 

"Gracious and Loving God, You bring light from darkness, You bring order from chaos. You created the beautiful land in which we live, You created Michigan, with its lakes, with its greenery, with its minerals, and with its richness. You created the human family in Your own image and likeness, and called us to follow in Your work of creation. You have allowed us to create society and to build cities. Guide these legislators today as they continue Your work of creation, as they bring order out of chaos, and bring justice where there is injustice. Help them to bring life where there is decay. Help them to make Your presence known. We pray that You bless each one of us and to bless this work. In the name of the Father, and of the Son, and of the Holy Spirit. Amen."

 

 

Third Reading of Bills

 

 

Senate Bill No. 420, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 20129a (MCL 324.20129a), as amended by 1997 PA 61.

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

 

 

Roll Call No. 307 Yeas--107

 

 
AllenFrankKuipersRivet
BairdGarciaKukukRocca
BashamGarzaLaForgeSanborn
BirkholzGeigerLaSataSchauer
BisbeeGieleghemLawSchermesser
BishopGilbertLemmonsScott
BogardusGodchauxLockwoodScranton
BovinGosselinMansShackleton
BradstreetGreenMartinezSheltrown
BraterHagerMeadShulman
Brown, B.HaleMiddaughSpade
Brown, C.HanleyMinoreStallworth
BylHansenMortimerStamas
CallahanHardmanNeumannSwitalski
CassisHartO'NeilTabor
CaulHowellPappageorgeTesanovich
CherryJacobsPattersonThomas
ClarkJamnickPerriconeToy
ClarkeJansenPestkaVan Woerkom
DanielsJelinekPriceVander Roest
DeHartJellemaPrusiVaughn
DennisJohnson, RickPumfordVear
DeRossettJohnson, RuthQuarlesVoorhees
DeVuystKellyRaczkowskiWojno
DeWeeseKilpatrickReevesWoodward
EhardtKoetjeRichardvilleWoronchak
FaunceKowallRichner

 

 

Nays--0

 

 

In The Chair: Scranton

 

 

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

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

The House agreed to the full title.

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

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

 

 

Second Reading of Bills

 

 

House Bill No. 4354, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," (MCL 750.1 to 750.568) by adding section 217d.

Was read a second time, and the question being on the adoption of the proposed substitute (H-4) previously recommended by the Committee on Criminal Law and Corrections,

The substitute (H-4) was adopted, a majority of the members serving voting therefor.

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

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

Rep. Raczkowski moved that the bill be placed on its immediate passage.

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

 

By unanimous consent the House returned to the order of

Third Reading of Bills

 

 

House Bill No. 4354, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," (MCL 750.1 to 750.568) by adding section 217d.

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

 

 

Roll Call No. 308 Yeas--109

 

 
AllenFrankKowallRichner
BairdGarciaKuipersRison
BashamGarzaKukukRivet
BirkholzGeigerLaForgeRocca
BisbeeGieleghemLaSataSanborn
BishopGilbertLawSchauer
BogardusGodchauxLemmonsSchermesser
BovinGosselinLockwoodScott
BradstreetGreenMansScranton
BraterHagerMartinezShackleton
BrewerHaleMeadSheltrown
Brown, B.HanleyMiddaughShulman
Brown, C.HansenMinoreSpade
BylHardmanMortimerStamas
CallahanHartNeumannSwitalski
CassisHowellO'NeilTabor
CaulJacobsPappageorgeTesanovich
CherryJamnickPattersonThomas
ClarkJansenPerriconeToy
ClarkeJelinekPestkaVan Woerkom
DanielsJellemaPriceVander Roest
DeHartJohnson, RickPrusiVaughn
DennisJohnson, RuthPumfordVear
DeRossettJulianQuarlesVoorhees
DeVuystKellyRaczkowskiWojno
DeWeeseKilpatrickReevesWoodward
EhardtKoetjeRichardvilleWoronchak

Faunce

 

 

Nays--1

 

 

Stallworth

 

 

In The Chair: Scranton

 

 

The House agreed to the title of the bill.

 

 

Second Reading of Bills

 

 

House Bill No. 4352, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 16l of chapter XVII (MCL 777.16l), as added by 1998 PA 317.

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

The substitute (H-1) was not adopted, a majority of the members serving not voting therefor.

 

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

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

Rep. Raczkowski moved that the bill be placed on its immediate passage.

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

 

By unanimous consent the House returned to the order of

Third Reading of Bills

 

 

House Bill No. 4352, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 16l of chapter XVII (MCL 777.16l), as added by 1998 PA 317.

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

 

 

Roll Call No. 309 Yeas--109

 

 
AllenFrankKowallRison
BairdGarciaKuipersRivet
BashamGarzaKukukRocca
BirkholzGeigerLaForgeSanborn
BisbeeGieleghemLaSataSchauer
BishopGilbertLawSchermesser
BogardusGodchauxLemmonsScott
BovinGosselinLockwoodScranton
BradstreetGreenMansShackleton
BraterHagerMartinezSheltrown
BrewerHaleMeadShulman
Brown, B.HanleyMiddaughSpade
Brown, C.HansenMinoreStallworth
BylHardmanMortimerStamas
CallahanHartNeumannSwitalski
CassisHowellO'NeilTabor
CaulJacobsPappageorgeTesanovich
CherryJamnickPattersonThomas
ClarkJansenPerriconeToy
ClarkeJelinekPestkaVan Woerkom
DanielsJellemaPriceVander Roest
DeHartJohnson, RickPrusiVaughn
DennisJohnson, RuthPumfordVear
DeRossettJulianQuarlesVoorhees
DeVuystKellyRaczkowskiWojno
DeWeeseKilpatrickRichardvilleWoodward
EhardtKoetjeRichnerWoronchak

Faunce

 

 

Nays--0

 

 

In The Chair: Scranton

 

 

The House agreed to the title of the bill.

 

 

Second Reading of Bills

 

 

Senate Bill No. 335, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 710d and 710e (MCL 257.710d and 257.710e), section 710d as amended by 1990 PA 90 and section 710e as amended by 1991 PA 25.

The bill was read a second time.

 

Rep. Brewer moved to amend the bill as follows:

1. Amend page 6, following line 2, by inserting:

"Enacting section 1. It is the intent of the legislature that the cost savings realized by insurance companies because of the changes made by this amendatory act shall be passed on to insurance policyholders.".

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

Rep. Brewer demanded the yeas and nays.

The demand was supported.

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

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

 

 

Roll Call No. 310 Yeas--100

 

 
AllenFaunceKuipersRichner
BairdFrankLaForgeRison
BashamGarzaLaSataRivet
BirkholzGeigerLawSanborn
BisbeeGieleghemLemmonsSchauer
BishopGilbertLockwoodSchermesser
BogardusGosselinMansScott
BradstreetHagerMartinezScranton
BraterHaleMeadShackleton
BrewerHanleyMiddaughSheltrown
Brown, B.HansenMinoreShulman
Brown, C.HardmanMortimerSpade
BylHartNeumannStallworth
CallahanHowellO'NeilSwitalski
CassisJacobsPappageorgeTesanovich
CaulJamnickPattersonThomas
CherryJansenPerriconeToy
ClarkJelinekPestkaVan Woerkom
ClarkeJellemaPriceVander Roest
DanielsJohnson, RickPrusiVaughn
DeHartJohnson, RuthPumfordVear
DennisJulianQuarlesVoorhees
DeRossettKellyRaczkowskiWojno
DeVuystKilpatrickReevesWoodward
EhardtKowallRichardvilleWoronchak

 

 

Nays--8

 

 
DeWeeseGodchauxKukukStamas
GarciaKoetjeRoccaTabor

 

 

In The Chair: Scranton

 

 

Rep. Ruth Johnson moved to amend the bill as follows:

1. Amend page 5, following line 2, by inserting:

"(6) STATE AND LOCAL LAW ENFORCEMENT AGENCIES MAY ENFORCE SUBSECTION (5) AS A PRIMARY ACTION ONLY IF A LAW ENFORCEMENT OFFICER HAS REASONABLE CAUSE TO BELIEVE THAT A PERSON UNDER 18 YEARS OF AGE IS IMPROPERLY RESTRAINED OR IS UNRESTRAINED IN A MOTOR VEHICLE." and renumbering the remaining subsections.

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

 

Rep. Jacobs moved to amend the bill as follows:

1. Amend page 5, following line 23, subsection (11), after the second "TO" by striking out the balance of the subsection and inserting "ALL OF THE FOLLOWING NOT LATER THAN MAY 1, 2000:

(A) THE SENATE AND HOUSE OF REPRESENTATIVES APPROPRIATIONS COMMITTEES.

(B) THE SENATE AND HOUSE OF REPRESENTATIVES FISCAL AGENCIES.".

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

 

______

 

 

Rep. DeWeese moved that Rep. Birkholz be excused temporarily from today's session.

The motion prevailed.

 

Rep. Hale moved to amend the bill as follows:

1. Amend page 5, line 19, after "after "THEREAFTER." by inserting "THE REPORT SHALL INCLUDE THE FOLLOWING DATA ON TRAFFIC STOPS FROM STATE AND LOCAL LAW ENFORCEMENT AGENCIES:

(A) THE TRAFFIC INFRACTION ALLEGED TO HAVE BEEN COMMITTED THAT LED TO THE STOP.

(B) THE IDENTIFYING CHARACTERISTICS OF THE DRIVER STOPPED, INCLUDING, BUT NOT LIMITED TO, THE DRIVER'S RACE, GENDER, ETHNICITY, AND APPROXIMATE AGE.

(C) WHETHER IMMIGRATION STATUS WAS QUESTIONED, IMMIGRATION DOCUMENTS WERE REQUESTED, OR AN INQUIRY WAS MADE TO THE IMMIGRATION AND NATURALIZATION SERVICE CONCERNING A PERSON IN THE VEHICLE.

(D) THE NUMBER OF INDIVIDUALS IN THE STOPPED VEHICLE.

(E) WHETHER A SEARCH WAS INITIATED AS A RESULT OF THE STOP AND WHETHER CONSENT WAS REQUESTED FOR THE SEARCH.

(F) ANY ALLEGED CRIMINAL BEHAVIOR BY THE DRIVER THAT JUSTIFIED THE SEARCH.

(G) ANY ITEMS SEIZED, INCLUDING, BUT NOT LIMITED TO, CONTRABAND OR MONEY.

(H) WHETHER A WARNING OR CITATION WAS ISSUED AS A RESULT OF THE STOP.

(I) WHETHER AN ARREST WAS MADE AS A RESULT OF EITHER THE STOP OR THE SEARCH AND THE JUSTIFICATION FOR THE ARREST.

(J) THE DURATION OF THE STOP.".

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

Rep. Hale demanded the yeas and nays.

The demand was supported.

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

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

 

 

Roll Call No. 311 Yeas--42

 

 
BairdGieleghemMartinezSchauer
BogardusHaleMinoreScott
BraterHansenNeumannSheltrown
Brown, B.HardmanO'NeilStallworth
CherryJacobsPestkaSwitalski
ClarkJamnickPriceTesanovich
ClarkeKellyPrusiThomas
DanielsKilpatrickReevesVaughn
DennisLaForgeRisonVear
FrankLemmonsRivetWoodward

Garza Lockwood

 

 

Nays--56

 

 
AllenGarciaKowallRocca
BashamGeigerKuipersSanborn
BisbeeGilbertKukukScranton
BishopGodchauxLaSataShackleton
BradstreetGosselinLawShulman
Brown, C.HagerMeadSpade
BylHartMiddaughStamas
CassisHowellMortimerTabor
CaulJansenPappageorgeToy
DeRossettJelinekPattersonVan Woerkom
DeVuystJellemaPumfordVander Roest
DeWeeseJohnson, RickRaczkowskiVoorhees
EhardtJulianRichardvilleWojno
FaunceKoetjeRichnerWoronchak

 

 

In The Chair: Scranton

 

 

Rep. Brewer moved to amend the bill as follows:

1. Amend page 6, following line 2, by inserting:

"Enacting section 1. This amendatory act does not take effect unless House Bill No. 4619 of the 90th Legislature is enacted into law." and renumbering the remaining enacting section.

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

Rep. Richner moved to amend the bill as follows:

1. Amend page 5, following line 23, subsection (11), after "THAN" by striking out "MAY 1, 2000" and inserting "JANUARY 1, 2001".

2. Amend page 6, following line 2, by inserting:

"Enacting section 1. This amendatory act takes effect January 1, 2000." and renumbering the remaining enacting section.

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

 

Rep. Lemmons moved to amend the bill as follows:

1. Amend page 5, line 2, after "act." by inserting "WHEN CONDITIONS PREVENT CLEAR VISIBILITY OF THE PASSENGERS OF THE VEHICLE, LAW ENFORCEMENT OFFICERS SHALL NOT PULL OVER A VEHICLE FOR THE VIOLATION OF THIS ACT AS THE PRIMARY OFFENSE.".

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

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

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

Rep. Raczkowski moved that the bill be placed on its immediate passage.

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

 

By unanimous consent the House returned to the order of

Third Reading of Bills

 

 

Senate Bill No. 335, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 710d and 710e (MCL 257.710d and 257.710e), section 710d as amended by 1990 PA 90 and section 710e as amended by 1991 PA 25.

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

 

 

Roll Call No. 312 Yeas--68

 

 
AllenDeVuystKoetjePumford
BairdDeWeeseKuipersQuarles
BashamGarzaLaForgeRaczkowski
BirkholzGeigerLaSataRivet
BogardusGilbertLawSanborn
BraterGodchauxLemmonsSchauer
BrewerHagerLockwoodSchermesser
Brown, B.HanleyMansScott
BylHansenMartinezScranton
CallahanHardmanMeadShulman
CassisHowellMinoreStallworth
CherryJacobsMortimerSwitalski
ClarkJamnickO'NeilThomas
ClarkeJellemaPappageorgeToy
DanielsJulianPattersonVan Woerkom
DeHartKellyPestkaVaughn
DennisKilpatrickPriceWoronchak

 

 

Nays--42

 

 
BisbeeGieleghemMiddaughSheltrown
BishopGosselinNeumannSpade
BovinGreenPerriconeStamas
BradstreetHalePrusiTabor
Brown, C.HartReevesTesanovich
CaulJansenRichardvilleVander Roest
DeRossettJelinekRichnerVear
EhardtJohnson, RickRisonVoorhees
FaunceJohnson, RuthRoccaWojno
FrankKowallShackletonWoodward

Garcia Kukuk

 

 

In The Chair: Scranton

 

 

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

"An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of owners and operators of vehicles and service of process on residents and nonresidents; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date,".

The House agreed to the full title.

 

By unanimous consent the House returned to the order of

Messages from the Senate

 

 

The Speaker laid before the House

House Bill No. 4103, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 8401 (MCL 600.8401), as amended by 1991 PA 192.

(The bill was received from the Senate on May 6, with substitute (S-1), full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 40, p. 771.)

The question being on concurring in the adoption of the substitute (S-1) made to the bill by the Senate,

The substitute (S-1) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

 

 

Roll Call No. 313 Yeas--96

 

 
AllenFaunceKellyRocca
BairdFrankKowallSanborn
BashamGarciaKuipersSchauer
BirkholzGeigerKukukSchermesser
BisbeeGieleghemLaSataScott
BishopGilbertLawScranton
BovinGodchauxLemmonsShackleton
BradstreetGosselinLockwoodSheltrown
BraterGreenMansShulman
BrewerHagerMartinezSpade
Brown, B.HaleMeadStamas
Brown, C.HanleyMiddaughSwitalski
BylHansenMortimerTabor
CallahanHardmanNeumannTesanovich
CassisHartPappageorgeThomas
CaulHowellPattersonToy
CherryJacobsPestkaVan Woerkom
ClarkeJamnickPriceVander Roest
DeHartJansenPrusiVaughn
DennisJelinekPumfordVear
DeRossettJellemaRaczkowskiVoorhees
DeVuystJohnson, RickRichardvilleWojno
DeWeeseJohnson, RuthRichnerWoodward
EhardtJulianRivetWoronchak

 

 

Nays--12

 

 
BogardusGarzaLaForgeReeves
ClarkKilpatrickMinoreRison
DanielsKoetjePerriconeStallworth

 

 

In The Chair: Scranton

 

 

The House agreed to the full title of the bill.

The bill was referred to the Clerk for enrollment printing and presentation to the Governor.

 

 

Second Reading of Bills

 

 

House Bill No. 4418, entitled

A bill to amend 1991 PA 179, entitled "Michigan telecommunications act," by amending section 316 (MCL 484.2316), as amended by 1997 PA 183.

The bill was read a second time.

 

Rep. Daniels moved to amend the bill as follows:

1. Amend page 2, line 2, after "minimum," by striking out "25%" and inserting "55%".

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

Rep. Daniels demanded the yeas and nays.

The demand was supported.

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

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

 

 

Roll Call No. 314 Yeas--63

 

 
BairdFrankLockwoodScott
BashamGarzaMartinezScranton
BogardusGieleghemMinoreShackleton
BovinHagerNeumannSheltrown
BraterHaleO'NeilSpade
BrewerHanleyPestkaStallworth
Brown, B.HansenPriceSwitalski
CallahanHardmanPrusiTesanovich
CaulHowellQuarlesThomas
CherryJacobsReevesVan Woerkom
ClarkJamnickRichardvilleVander Roest
ClarkeKellyRisonVaughn
DanielsKilpatrickRivetVoorhees
DeHartKowallRoccaWojno
DennisLaForgeSchauerWoodward
FaunceLemmonsSchermesser

 

 

Nays--45

 

 
AllenGeigerJulianPerricone
BirkholzGilbertKoetjePumford
BisbeeGodchauxKuipersRaczkowski
BishopGosselinKukukRichner
BradstreetGreenLaSataSanborn
Brown, C.HartLawShulman
CassisJansenMeadStamas
DeRossettJelinekMiddaughTabor
DeVuystJellemaMortimerToy
DeWeeseJohnson, RickPappageorgeVear
EhardtJohnson, RuthPattersonWoronchak

Garcia

 

 

In The Chair: Scranton

 

 

______

 

 

Rep. Scott moved that Rep. Mans be excused from the balance of today's session.

The motion prevailed.

 

Rep. Thomas moved to amend the bill as follows:

1. Amend page 1, line 8, by striking out "20%" and inserting "50%".

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

Rep. Thomas demanded the yeas and nays.

The demand was supported.

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

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

 

 

Roll Call No. 315 Yeas--57

 

 
BairdFrankLaForgeSchauer
BashamGarzaLockwoodSchermesser
BogardusGieleghemMartinezScott
BovinHagerMinoreScranton
BraterHaleNeumannShackleton
BrewerHanleyO'NeilSheltrown
Brown, B.HansenPestkaSpade
BylHardmanPriceStallworth
CallahanHowellPrusiSwitalski
CherryJacobsQuarlesTesanovich
ClarkJamnickReevesThomas
ClarkeKellyRichardvilleVaughn
DanielsKilpatrickRisonWojno
DeHartKowallRivetWoodward

Dennis

Nays--52

 

 
AllenGarciaKoetjeRaczkowski
BirkholzGeigerKuipersRichner
BisbeeGilbertKukukRocca
BishopGodchauxLaSataSanborn
BradstreetGosselinLawShulman
Brown, C.GreenLemmonsStamas
CassisHartMeadTabor
CaulJansenMiddaughToy
DeRossettJelinekMortimerVan Woerkom
DeVuystJellemaPappageorgeVander Roest
DeWeeseJohnson, RickPattersonVear
EhardtJohnson, RuthPerriconeVoorhees
FaunceJulianPumfordWoronchak

 

 

In The Chair: Scranton

 

 

Rep. Thomas moved to amend the bill as follows:

1. Amend page 1, line 5, after "and" by striking out "(3)" and inserting "(4)".

2. Amend page 1, line 6, after "subsections" by striking out "(3) and (4)" and inserting "(4) AND (5)".

3. Amend page 1, following line 9, by inserting:

"(3) EXCEPT AS PROVIDED IN SUBSECTIONS (4) AND (5), IF THE CUSTOMER IS 65 YEARS OF AGE OR MORE, THE RATE REDUCTION SHALL BE 10% OF THE BASIC LOCAL EXCHANGE RATE." and renumbering the remaining subsections.

4. Amend page 2, line 5, after "(2)" by striking out "or (3)" and inserting a comma and "(3), OR (4)".

The question being on the adoption of the amendments offered by Rep. Thomas,

Rep. Thomas demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendments offered by Rep. Thomas,

Rep. Thomas moved that consideration of the bill be postponed temporarily.

The motion prevailed.

 

 

House Bill No. 4187, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 5805 (MCL 600.5805), as amended by 1988 PA 115.

Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Family and Civil Law,

The substitute (H-2) was adopted, a majority of the members serving voting therefor.

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. Raczkowski moved that the bill be placed on its immediate passage.

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

 

By unanimous consent the House returned to the order of

Third Reading of Bills

 

 

House Bill No. 4187, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 5805 (MCL 600.5805), as amended by 1988 PA 115.

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

 

 

Roll Call No. 316 Yeas--105

 

 
AllenFaunceKowallRison
BairdFrankKuipersRivet
BashamGarciaKukukRocca
BirkholzGarzaLaForgeSanborn
BisbeeGieleghemLaSataSchauer
BishopGilbertLemmonsSchermesser
BogardusGodchauxLockwoodScott
BovinGosselinMartinezScranton
BradstreetGreenMeadShackleton
BraterHagerMiddaughSheltrown
BrewerHaleMinoreShulman
Brown, B.HanleyMortimerSpade
Brown, C.HansenNeumannStallworth
BylHardmanO'NeilStamas
CallahanHartPappageorgeSwitalski
CassisHowellPattersonTabor
CaulJacobsPerriconeTesanovich
CherryJamnickPestkaThomas
ClarkJansenPriceToy
ClarkeJelinekPrusiVan Woerkom
DanielsJellemaPumfordVander Roest
DeHartJohnson, RickQuarlesVaughn
DennisJohnson, RuthRaczkowskiVear
DeRossettJulianReevesVoorhees
DeVuystKellyRichardvilleWojno
DeWeeseKilpatrickRichnerWoronchak

Ehardt

 

 

Nays--1

 

 

Koetje

 

 

In The Chair: Scranton

 

 

The House agreed to the title of the bill.

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

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

 

 

Second Reading of Bills

 

 

House Bill No. 4524, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 5805 (MCL 600.5805), as amended by 1988 PA 115.

Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Family and Civil Law,

The substitute (H-2) was adopted, a majority of the members serving voting therefor.

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

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

Rep. Raczkowski moved that the bill be placed on its immediate passage.

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

 

By unanimous consent the House returned to the order of

Third Reading of Bills

 

 

House Bill No. 4524, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 5805 (MCL 600.5805), as amended by 1988 PA 115.

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

Roll Call No. 317 Yeas--102

 

 
AllenEhardtKowallRivet
BairdFaunceKuipersRocca
BashamFrankKukukSanborn
BirkholzGarciaLaForgeSchauer
BisbeeGarzaLaSataSchermesser
BishopGeigerLemmonsScott
BogardusGieleghemLockwoodScranton
BovinGilbertMartinezShackleton
BradstreetGosselinMeadSheltrown
BraterGreenMiddaughShulman
BrewerHagerMinoreSpade
Brown, B.HaleMortimerStallworth
Brown, C.HanleyNeumannStamas
BylHansenO'NeilSwitalski
CallahanHardmanPappageorgeTabor
CassisHartPerriconeTesanovich
CaulHowellPestkaToy
CherryJacobsPriceVan Woerkom
ClarkJamnickPrusiVander Roest
ClarkeJansenPumfordVaughn
DanielsJelinekRaczkowskiVear
DeHartJohnson, RickReevesVoorhees
DennisJohnson, RuthRichardvilleWojno
DeRossettJulianRichnerWoodward
DeVuystKellyRisonWoronchak

DeWeese Kilpatrick

 

 

Nays--4

 

 

Godchaux Jellema Koetje Patterson

 

 

In The Chair: Scranton

 

 

The House agreed to the title of the bill.

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

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

 

 

Second Reading of Bills

 

 

The House returned to the consideration of

House Bill No. 4418, entitled

A bill to amend 1991 PA 179, entitled "Michigan telecommunications act," by amending section 316 (MCL 484.2316), as amended by 1997 PA 183.

(The bill was considered earlier today, see today's journal, p. 782.)

The question being on the adoption of the amendments offered previously by Rep. Thomas,

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

 

 

Roll Call No. 318 Yeas--52

 

 
BairdDennisLockwoodSchermesser
BashamFrankMartinezScott
BogardusGarzaMinoreScranton
BovinGieleghemNeumannSheltrown
BraterHalePestkaSpade
BrewerHanleyPriceStallworth
Brown, B.HardmanPrusiSwitalski
CallahanJacobsQuarlesTesanovich
CherryJamnickReevesThomas
ClarkKellyRisonVaughn
ClarkeKilpatrickRivetWojno
DanielsLaForgeRoccaWoodward
DeHartLemmonsSchauerWoronchak

 

 

Nays--55

 

 
AllenGarciaJulianRaczkowski
BirkholzGeigerKoetjeRichardville
BisbeeGilbertKowallRichner
BishopGosselinKuipersSanborn
BradstreetGreenKukukShackleton
Brown, C.HagerLaSataShulman
BylHansenMeadStamas
CassisHartMiddaughTabor
CaulHowellMortimerToy
DeRossettJansenO'NeilVan Woerkom
DeVuystJelinekPappageorgeVander Roest
DeWeeseJellemaPattersonVear
EhardtJohnson, RickPerriconeVoorhees
FaunceJohnson, RuthPumford

 

 

In The Chair: Scranton

 

 

______

 

 

Rep. Richardville, having reserved the right to explain his nay vote, made the following statement:

"Mr. Speaker and members of the House:

The Lifeline Program is intended to help elderly low-income and low-income families to afford phone service. This poorly-written amendment would augment wealthy senior citizens. Furthermore, because of the higher-effect of bigger phone bills, it would cost average-income families an inordinate, unfair subsidy. This is poor legislation."

 

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

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

Rep. Raczkowski moved that the bill be placed on its immediate passage.

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

 

By unanimous consent the House returned to the order of

Third Reading of Bills

 

 

House Bill No. 4418, entitled

A bill to amend 1991 PA 179, entitled "Michigan telecommunications act," by amending section 316 (MCL 484.2316), as amended by 1997 PA 183.

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

Roll Call No. 319 Yeas--106

 

 
AllenFaunceKowallRison
BairdFrankKuipersRivet
BashamGarciaKukukRocca
BirkholzGarzaLaForgeSanborn
BisbeeGeigerLaSataSchauer
BishopGieleghemLemmonsSchermesser
BogardusGilbertLockwoodScott
BovinGodchauxMartinezScranton
BradstreetGosselinMeadShackleton
BraterGreenMiddaughSheltrown
BrewerHagerMinoreShulman
Brown, B.HaleMortimerSpade
Brown, C.HansenNeumannStamas
BylHardmanO'NeilSwitalski
CallahanHartPappageorgeTabor
CassisHowellPattersonTesanovich
CaulJacobsPerriconeThomas
CherryJamnickPestkaToy
ClarkJansenPriceVan Woerkom
ClarkeJelinekPrusiVander Roest
DanielsJellemaPumfordVaughn
DeHartJohnson, RickQuarlesVear
DennisJohnson, RuthRaczkowskiVoorhees
DeRossettJulianReevesWojno
DeVuystKellyRichardvilleWoodward
DeWeeseKilpatrickRichnerWoronchak

Ehardt Koetje

 

 

Nays--0

 

 

In The Chair: Scranton

 

 

The House agreed to the title of the bill.

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

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

 

 

______

 

 

Rep. Raczkowski moved that House Committees be given leave to meet during the balance of today's session.

The motion prevailed.

 

By unanimous consent the House returned to the order of

Motions and Resolutions

 

 

Reps. Hale, Rivet, Hansen, DeHart, Spade, Scott, Daniels, Kelly, Schauer, Baird, Vaughn, Bovin, Wojno, Woodward, Dennis, Jamnick, Prusi, LaForge, Quarles, Ehardt, Schermesser, Bogardus, Hanley, Jacobs, Rison, Vear, Hager, DeRossett, Birkholz, Martinez, Kilpatrick and Brater offered the following resolution:

House Resolution No. 93.

A resolution honoring the life of Barbara Benekin Chambers.

Whereas, In honor and recognition of the life of Barbara Benekin Chambers, the members of the House of Representatives humbly submit our deepest sympathy; and

Whereas, A native of Jacksonville, Florida, Barbara Benekin Chambers was born on December 19, 1940. Throughout her entire life she strived to brighten and touch the lives of everyone around her; and

Whereas, She dedicated more than a quarter of a century to educating Southeastern Detroit youth at Detroit's Finney High School, giving countless unpaid hours to her students regardless of race, religion, or creed; and

Whereas, She actively served as a leader in her community, church, and other civic organizations by serving as Sunday School Superintendent, member of the Board of Trustees of Scott Memorial United Methodist Church, and a precinct delegate for the Grandmont Community; and

Whereas, On September 2, 1998, while on her way to work, Barbara was called back to the Lord. The memory of Barbara Benekin Chambers will forever remain cherished in the hearts and minds of those who knew and loved her. She leaves behind a legacy of love; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body bestow the highest accolade of tribute upon the memory of Barbara Benekin Chambers in recognition of her life's work; and be it further

Resolved, That copies of this resolution be transmitted to the family of Barbara Benekin Chambers, and placed in the archives of Detroit Finney High School, Detroit Public School - Office of School to Work, and Business Professionals of America - Michigan Association, as a symbol of our deepest sympathy.

Pending the reference of the resolution to a committee,

Rep. Raczkowski moved that Rule 77 be suspended and the resolution be considered at this time.

The motion prevailed, 3/5 of the members present voting therefor.

The question being on the adoption of the resolution,

The resolution was adopted.

 

 

Reps. Thomas, Rivet, Scranton, Hansen, DeHart, Spade, Hale, Scott, Daniels, Kelly, Schauer, Baird, Vaughn, Bovin, Wojno, Woodward, Dennis, Jamnick, Prusi, LaForge, Quarles, Ehardt, Schermesser, Bogardus, Hanley, Jacobs, Rison, Vear, Hardman, Jansen, Hager, DeRossett, Birkholz, Martinez, Kilpatrick and Brater offered the following resolution:

House Resolution No. 94.

A resolution to commemorate the 100th anniversary of The Detroit Study Club and to express appreciation for their valuable contributions in Michigan.

Whereas, We are proud to join with the members, officers, and friends of The Detroit Study Club as they gather to mark the 100th anniversary of this outstanding group. This milestone is a reflection of unselfishness and commitment to the common good that is most commendable. While the members of this distinguished organization celebrate 100 years of service, we offer our thanks for the gifts they have shared within the City of Detroit and throughout Michigan; and

Whereas, The Detroit Study Club can trace its origins to 1898 and the aspirations of its founders. In the years that have followed since they first came together, this organization has adapted to changes in society, membership, and expectations. This ability to grow and change has shown the belief that the members have maintained in their mission of service and the unity of the membership. The members have strived to continue the legacy of African-American women, gathering to exchange ideas, stimulate thought, and study great literature, as well as the important issues of the day. Many of the members are descendants of the founders and early members, as well as highly respected women in the Detroit community; and

Whereas, With ceremonies to celebrate its history, the members and officers of The Detroit Study Club will remember the vision of many people and the hours and years of commitment that have brought the group to this point. Fittingly, as they look to the past, they will also be casting an eye to the future and to the many ways in which The Detroit Study Club will continue to reach out in our state; now, therefore, be it

Resolved by the House of Representatives, That a unanimous accolade of tribute be hereby accorded to commemorate the 100th anniversary of The Detroit Study Club and to express appreciation for their valuable contributions in the state of Michigan; and be it further

Resolved, That a copy of this resolution be transmitted to The Detroit Study Club as evidence of our esteem.

Pending the reference of the resolution to a committee,

Rep. Raczkowski moved that Rule 77 be suspended and the resolution be considered at this time.

The motion prevailed, 3/5 of the members present voting therefor.

The question being on the adoption of the resolution,

The resolution was adopted.

 

 

Reps. Martinez, Rivet, Scranton, Hansen, DeHart, Spade, Hale, Scott, Daniels, Kelly, Schauer, Baird, Vaughn, Bovin, Wojno, Woodward, Dennis, Jamnick, Prusi, LaForge, Quarles, Ehardt, Schermesser, Bogardus, Hanley, Bishop, Jacobs, Rison, Vear, DeRossett, Birkholz, Kilpatrick and Brater offered the following resolution:

House Resolution No. 95.

A resolution honoring Pattengill Middle School Students.

Whereas, Pattengill Middle School students Marcus Alston, Ben Pedersen, Rebekah Savoie, Nancy Xiong, Brandon Young, and their teacher, Andon B. Pogoncheff, are being honored as one of the ten teams selected as National Finalists in the Bayer/National Science Foundation Award for Community Innovation. This recognition is a well-earned milestone that took hours of planning, work, and personal commitment by each participant; and

Whereas, The Bayer/National Science Foundation Award is sponsored by Bayer Corporation as part of its Making Science Make Sense Program, the National Science Foundation, the Christopher Columbus Fellowship Foundation, and Discover Magazine. The Bayer/NSF Award challenges students in grades six through eight to use science and technology to develop innovative solutions to real problems that they identify in their community; and

Whereas, The award is now in its third year, and more than 500 teams nationwide submitted entries which consist of written and visual presentations. The finalists were selected from 30 semi-finalist teams by a national judging panel; and

Whereas, Over 5,300 people die in house fires every year, most often as a result of smoke inhalation. The innovative team of eighth graders from Pattengill Middle School in Lansing, Michigan devised a modified smoke detector that will signal a light outside a bedroom window to flash, alerting fire fighters to the location of potential victims and enhancing rescue efforts; and

Whereas, These students used a team approach to assess local needs, conduct research, obtain the input of scientists, community leaders, their instructor and other experts, and develop and test their solution. They achieved great success in their results; now, therefore, be it

Resolved by the House of Representatives, That the members of the Michigan House of Representatives congratulate Pattengill Middle School students Marcus Alston, Ben Pedersen, Rebekah Savoie, Nancy Xiong, Brandon Young, and their instructor, Andon B. Pogoncheff, as they receive honors as one of the National Finalists in the Bayer/National Science Foundation Award for Community Innovation. We wish them continuing success in their efforts and many additions to the honors they have already received for their excellent record; and be it further

Resolved, That a copy of this resolution be transmitted to Pattengill Middle School as a token of our highest esteem and best wishes.

Pending the reference of the resolution to a committee,

Rep. Raczkowski moved that Rule 77 be suspended and the resolution be considered at this time.

The motion prevailed, 3/5 of the members present voting therefor.

The question being on the adoption of the resolution,

The resolution was adopted.

 

 

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, Friday, May 7:
House Bill Nos. 46104611461246134614461546164617461846194620462146224623
46244625462646274628462946304631463246334634463546364637
46384639

 

The Clerk announced that the following bills had been printed and placed upon the files of the members, Monday, May 10:

House Bill Nos. 4640 4641 4642 4643 4644 4645 4646 4647 4648

 

The Clerk announced that the following Senate bills had been received on Tuesday, May 11:

Senate Bill Nos. 195 396

 

By unanimous consent the House returned to the order of

Reports of Standing Committees

 

 

The Committee on Criminal Law and Corrections, by Rep. Faunce, Chair, reported

House Bill No. 4648, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 904d (MCL 257.904d), as added by 1998 PA 358.

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 4648 To Report Out:

Yeas: Reps. Faunce, Howell, Bishop, Julian, Richner, Sanborn, Shulman,

Nays: None.

 

 

The Committee on Criminal Law and Corrections, by Rep. Faunce, Chair, reported

Senate Bill No. 106, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 535a (MCL 750.535a), as amended by 1988 PA 140.

With the recommendation that the following amendments be adopted and that the bill then pass.

1. Amend page 2, following line 24, by inserting:

"(xiv) AN AIRBAG OR AIRBAG ASSEMBLY.

(xv) A WHEEL OR TIRE." and renumbering the remaining subparagraph.

2. Amend page 2, line 27, after the second "to" by striking out "(xiii)" and inserting "(xv)".

The bill and amendments were referred to the order of Second Reading of Bills.

 

 

Favorable Roll Call

 

SB 106 To Report Out:

Yeas: Reps. Faunce, Howell, Bishop, Julian, Richner, Sanborn, Shulman, Baird, Callahan, Jacobs, O'Neil,

Nays: None.

 

 

The Committee on Criminal Law and Corrections, by Rep. Faunce, Chair, reported

Senate Bill No. 155, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 15d of chapter IV (MCL 764.15d), as added by 1987 PA 256.

With the recommendation that the following amendment be adopted and that the bill then pass.

1. Amend page 3, following line 11, by inserting:

"Enacting section 1. This amendatory act takes effect October 1, 1999.".

The bill and amendment were referred to the order of Second Reading of Bills.

 

 

Favorable Roll Call

 

SB 155 To Report Out:

Yeas: Reps. Faunce, Howell, Bishop, Julian, Richner, Sanborn, Shulman, Baird, Callahan, Jacobs, O'Neil,

Nays: None.

 

 

The Committee on Criminal Law and Corrections, by Rep. Faunce, Chair, reported

Senate Bill No. 288, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 16z of chapter XVII (MCL 777.16z), as added by 1998 PA 317.

With the recommendation that the bill pass.

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

 

 

Favorable Roll Call

 

SB 288 To Report Out:

Yeas: Reps. Faunce, Howell, Bishop, Julian, Richner, Sanborn, Shulman, Baird, Callahan, Jacobs, O'Neil,

Nays: None.

The Committee on Criminal Law and Corrections, by Rep. Faunce, Chair, reported

Senate Bill No. 430, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 316 (MCL 750.316), as amended by 1996 PA 21.

With the recommendation that the following amendment be adopted and that the bill then pass.

1. Amend page 3, following line 8, by inserting:

"Enacting section 1. This amendatory act takes effect October 1, 1999.".

The bill and amendment were referred to the order of Second Reading of Bills.

 

 

Favorable Roll Call

 

SB 430 To Report Out:

Yeas: Reps. Faunce, Howell, Bishop, Julian, Richner, Sanborn, Shulman, Baird, Callahan, Jacobs, O'Neil,

Nays: None.

 

 

COMMITTEE ATTENDANCE REPORT

 

The following report, submitted by Rep. Faunce, Chair of the Committee on Criminal Law and Corrections, was received and read:

Meeting held on: Tuesday, May 11, 1999, at 10:30 a.m.,

Present: Reps. Faunce, Howell, Bishop, Julian, Richner, Sanborn, Shulman, Baird, Callahan, Jacobs, O'Neil.

 

 

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

House Bill No. 4426, entitled

A bill to amend 1993 PA 330, entitled "State real estate transfer tax act," by amending section 6 (MCL 207.526), as amended by 1994 PA 255.

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 4426 To Report Out:

Yeas: Reps. Cassis, Woronchak, Allen, Faunce, Gilbert, Gosselin, Koetje, Patterson, Vander Roest, Vear, Quarles, Garza, Jamnick, Minore, O'Neil, Switalski,

Nays: None.

 

 

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

House Bill No. 4586, entitled

A bill to amend 1937 PA 94, entitled "Use tax act," by amending section 4k (MCL 205.94k), as amended by 1996 PA 477.

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 4586 To Report Out:

Yeas: Reps. Cassis, Woronchak, Allen, Faunce, Gilbert, Gosselin, Koetje, Patterson, Vander Roest, Quarles, Garza, Jamnick, Minore, O'Neil, Switalski,

Nays: None.

 

 

COMMITTEE ATTENDANCE REPORT

 

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

Meeting held on: Tuesday, May 11, 1999, at 8:30 a.m.,

Present: Reps. Cassis, Woronchak, Allen, Faunce, Gilbert, Gosselin, Koetje, Patterson, Vander Roest, Vear, Quarles, Basham, Garza, Jamnick, Minore, O'Neil, Switalski.

COMMITTEE ATTENDANCE REPORT

 

The following report, submitted by Rep. Garcia, Chair of the Committee on Economic Development, was received and read:

Meeting held on: Tuesday, May 11, 1999, at 9:00 a.m.,

Present: Reps. Garcia, Kowall, Bisbee, Richardville, Van Woerkom, Bob Brown, Lockwood, Mans, Vaughn.

 

 

COMMITTEE ATTENDANCE REPORT

 

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

Meeting held on: Tuesday, May 11, 1999, at 10:30 a.m.,

Present: Reps. Allen, Ruth Johnson, Bradstreet, DeWeese, Hager, Hart, Rick Johnson, Kuipers, Van Woerkom, Voorhees, Bogardus, Clark, Daniels, Gieleghem, Hansen, Scott, Spade.

 

 

Messages from the Senate

 

 

House Bill No. 4241, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 1311 (MCL 380.1311), as amended by 1995 PA 250, and by adding sections 1311b, 1311c, 1311d, 1311e, 1311f, 1311g, 1311h, 1311i, 1311j, 1311k, and 1311l.

The Senate has substituted (S-3) the bill.

The Senate has passed the bill as substituted (S-3), ordered that it be given immediate effect and amended the title to read as follows:

A bill to amend 1976 PA 451, entitled "An act to provide a system of public instruction and elementary and secondary schools; to revise, consolidate, and clarify the laws relating to elementary and secondary education; to provide for the organization, regulation, and maintenance of schools, school districts, public school academies, and intermediate school districts; to prescribe rights, powers, duties, and privileges of schools, school districts, public school academies, and intermediate school districts; to provide for the regulation of school teachers and certain other school employees; to provide for school elections and to prescribe powers and duties with respect thereto; to provide for the levy and collection of taxes; to provide for the borrowing of money and issuance of bonds and other evidences of indebtedness; to establish a fund and provide for expenditures from that fund; to provide for and prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to provide for licensure of boarding schools; to prescribe penalties; and to repeal acts and parts of acts," by amending sections 5, 14, 374, and 1311 (MCL 380.5, 380.14, 380.374, and 380.1311), section 5 as amended by 1995 PA 289, section 14 as added by 1998 PA 406, section 374 as added by 1999 PA 10, and section 1311 as amended by 1995 PA 250, and by adding sections 1311b, 1311c, 1311d, 1311e, 1311f, 1311g, 1311h, 1311i, 1311j, 1311k, and 1311l.

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

 

 

Senate Bill No. 195, entitled

A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 39 (MCL 211.39).

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. 396, entitled

A bill to amend 1933 PA 167, entitled "General sales tax act," (MCL 205.51 to 205.78) by adding section 4s.

The Senate has passed the bill.

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

 

 

Notices

 

 

I hereby give notice that on the next legislative session day I will move to discharge the Committee on Insurance and Financial Services from further consideration of House Bill No. 4619.

Rep. Brewer

Communications from State Officers

 

 

The following communications from the Secretary of State were received and read:

 

Notices of Filing

Administrative Rules

March 26, 1999

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 11:07 A.M. this date, administrative rule (99-03-7) for the Department of Environmental Quality, Waste Management Division, entitled "Solid Waste Management", effective 15 days hereafter.

 

 

April 5, 1999

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 1:16 P.M. this date, administrative rule (99-04-2) for the Department of Consumer and Industry Services, Director's Office, entitled "Occupational Health Standards for Respiratory Protection", effective 15 days hereafter.

 

 

April 5, 1999

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 1:17 P.M. this date, administrative rule (99-04-3) for the Department of Consumer and Industry Services, Director's Office, entitled "Cadmium", effective 15 days hereafter.

 

 

April 5, 1999

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 1:18 P.M. this date, administrative rule (99-04-4) for the Department of Consumer and Industry Services, Director's Office, entitled "Part 25. Concrete Construction", effective 15 days hereafter.

 

 

April 5, 1999

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 1:19 P.M. this date, administrative rule (99-04-5) for the Department of Consumer and Industry Services, Director's Office, entitled "Part 49. Slings", effective 15 days hereafter.

 

 

April 5, 1999

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 1:20 P.M. this date, administrative rule (99-04-6) for the Department of Consumer and Industry Services, Director's Office, entitled "Personal Protective Equipment", effective 15 days hereafter.

 

 

April 5, 1999

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 1:21 P.M. this date, administrative rule (99-04-7) for the Department of Consumer and Industry Services, Director's Office, entitled "Part 12. Scaffolds & Scaffold Platforms", effective 15 days hereafter.

 

 

April 23, 1999

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 11:55 A.M. this date, administrative rule (99-04-8) for the Department of Consumer and Industry Services, Bureau of Workers' Disability Compensation, entitled "Workers' Disability Compensation General Rules", effective 15 days hereafter.

April 23, 1999

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 11:57 A.M. this date, administrative rule (99-04-9) for the Department of Consumer and Industry Services, Office of Commercial Services, entitled "Interior Design", effective 15 days hereafter.

 

 

April 23, 1999

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 11:59 A.M. this date, administrative rule (99-04-10) for the Department of State, Bureau of Elections, entitled "Casino Interest Registration Rules", 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.

 

 

The following communication from the Livingston County Michigan Works! Agency was received and read:

 

May 7, 1999

Enclosed are the summaries of the PY 1999 JTPA Titles IIA, IIA 5% Older Worker, and IIC Local Biennial Job Training Plans for the Livingston County Michigan Works! Agency (MWA).

Sincerely,

William S. Sleight

Director

The communication was referred to the Clerk.

 

 

Introduction of Bills

 

 

Reps. Sheltrown, Rivet, Neumann, Bradstreet, Prusi, Stallworth, Bovin and Tesanovich introduced

House Bill No. 4649, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 40113d.

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

 

 

Reps. Thomas, Neumann, Stallworth, Scott, Daniels, DeHart, Rivet, Spade, Woodward, Ehardt, Hale, Bovin, Clark, Prusi, Schauer, Baird, Cherry, Price, Jacobs and Bob Brown introduced

House Bill No. 4650, entitled

A bill to amend 1933 PA 167, entitled "General sales tax act," (MCL 205.51 to 205.78) by adding section 10.

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

 

 

Reps. Kukuk, LaSata, Garcia, Voorhees, Gosselin, Kuipers, Kowall, Jansen, Birkholz and Scranton introduced

House Bill No. 4651, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 5501 (MCL 324.5501), as amended by 1998 PA 245, and by adding section 5503a.

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

 

 

Reps. Thomas, Stallworth, Kelly, Neumann, Scott, Brater, Daniels, DeHart, Rivet, Woodward, Ehardt, Basham, Hale, Bovin, Clark, Prusi, Schauer, Baird, Cherry, Price and Jacobs introduced

House Bill No. 4652, entitled

A bill to create a child loan guarantee commission and its powers and duties; to create a child care loan guarantee fund; to prescribe the powers and duties for certain state agencies and officers; to prescribe limits on the use of the fund; and to make an appropriation.

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

Reps. Scott, DeHart, Kilpatrick, Stallworth, Thomas, Jacobs, Richner, LaForge, Prusi, Jelinek, Kelly, Frank, Pestka, Martinez, Rison, Quarles, Reeves, Hardman, Clark, Mans, Basham, Law, Faunce, Lockwood, Daniels, Price, Spade, Woodward, Wojno, Hansen, Lemmons, Gieleghem, Minore, Sheltrown, Bob Brown, Schauer, Clarke, Cherry, Brater, Baird, Sanborn, Rocca, DeVuyst, Green, Woronchak, DeWeese and Dennis introduced

House Bill No. 4653, entitled

A bill to create a state anti-gang assistance program; to prescribe certain powers and duties of certain state departments and officials; to create a fund in the department of treasury; and to provide for an appropriation.

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

 

 

Reps. Law, Rocca, Woronchak, Gieleghem, Thomas, LaSata, Hager, Sanborn, Green, Bogardus, Schauer, Spade and Switalski introduced

House Bill No. 4654, entitled

A bill to amend 1947 PA 336, entitled "An act to prohibit strikes by certain public employees; to provide review from disciplinary action with respect thereto; to provide for the mediation of grievances and the holding of elections; to declare and protect the rights and privileges of public employees; and to prescribe means of enforcement and penalties for the violation of the provisions of this act," by amending sections 7a and 15 (MCL 423.207a and 423.215), section 7a as added and section 15 as amended by 1994 PA 112, and by adding section 7b.

The bill was read a first time by its title and referred to the Committee on Employment Relations, Training and Safety.

 

 

Reps. Tabor, Shackleton, Rick Johnson, Patterson, Van Woerkom, Cameron Brown, Faunce, Allen, Mortimer, Vear, Pappageorge, Garcia, Birkholz, Godchaux, Julian, Spade and Hart introduced

House Bill No. 4655, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 907 (MCL 257.907), as amended by 1998 PA 103.

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

 

 

Reps. Julian, Frank, Birkholz, Vear, Garcia, Tabor, Bishop, Bradstreet, Van Woerkom, Rick Johnson, Richardville, Ehardt, Faunce, Hart, LaSata, Voorhees, Bisbee, Kukuk, Pumford, Vander Roest, Howell, DeWeese, Richner, Kuipers, Gosselin, Jelinek, Hager, Koetje, DeRossett, Stamas, Caul, Shackleton, Middaugh, Cameron Brown, Rocca, DeVuyst, Jellema, Toy, Mead, Kowall, Gilbert, Woronchak, Jansen, Callahan, Kelly, Cassis, Raczkowski, O'Neil, Basham, Bovin, Bob Brown, Sheltrown, Patterson, Green, Law, Geiger, Pappageorge, Byl, Rivet, Pestka, Wojno, Allen, Shulman and Sanborn introduced

House Bill No. 4656, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 16d of chapter XVII (MCL 777.16d), as added by 1998 PA 317.

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

 

 

Reps. Pestka, Spade, Kelly, Basham, Jacobs, O'Neil, Callahan, Wojno, Clark, Sheltrown, Neumann, Rivet, Daniels, Schauer, Prusi, Gieleghem, Frank, Woodward, Bogardus, Bob Brown, Lockwood, Minore, Scott, Reeves, Hardman, Lemmons, Mans, Jamnick, Garza, Martinez, Bovin and DeHart introduced

House Bill No. 4657, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," (MCL 206.1 to 206.532) by adding section 267.

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

 

 

Reps. Scranton, DeHart, Birkholz, Howell, LaSata, Garcia, Caul, Middaugh and Bovin introduced

House Bill No. 4658, entitled

A bill to amend 1986 PA 32, entitled "Emergency telephone service enabling act," by amending section 201 (MCL 484.1201), as amended by 1994 PA 29, and by adding sections 407, 408, 409, 410, 411, and 412; and to repeal acts and parts of acts.

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

 

 

Reps. Middaugh, DeHart, Birkholz, Gilbert, Howell, LaSata, Tabor, Cameron Brown, Ruth Johnson, Garcia, Kuipers, Jellema, Caul, Scranton, Raczkowski, Toy and Bovin introduced

House Bill No. 4659, entitled

A bill to amend 1986 PA 32, entitled "Emergency telephone service enabling act," (MCL 484.1101 to 484.1604) by adding chapter VII; and to repeal acts and parts of acts.

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

Reps. Ruth Johnson, Woodward, Gosselin, Switalski, Pappageorge, Bishop, LaSata, Godchaux, Jacobs, Minore, Jansen and Jamnick introduced

House Bill No. 4660, entitled

A bill to amend 1909 PA 283, entitled "An act to revise, consolidate, and add to the laws relating to the establishment, opening, discontinuing, vacating, closing, altering, improvement, maintenance, and use of the public highways and private roads; the condemnation of property and gravel therefor; the building, repairing and preservation of bridges; maintaining public access to waterways under certain conditions; setting and protecting shade trees, drainage, and cutting weeds and brush within this state; providing for the election or appointment and defining the powers, duties, and compensation of state, county, township, and district highway officials; and to prescribe penalties and provide remedies," by amending section 7 (MCL 224.7).

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

 

 

Reps. Ruth Johnson, Gosselin, Switalski, Pappageorge, Bishop, LaSata, Godchaux, Jacobs, Minore, Jansen and Jamnick introduced

House Bill No. 4661, entitled

A bill to amend 1954 PA 116, entitled "Michigan election law," by amending sections 257, 258, 261, 262, 263, and 264 (MCL 168.257, 168.258, 168.261, 168.262, 168.263, and 168.264).

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

 

 

Reps. Hager, Gilbert, Kowall, LaSata, DeHart, Caul, Faunce, Woodward, Ehardt, Bovin, Patterson, Hart, Howell, Allen, Shulman and Raczkowski introduced

House Bill No. 4662, entitled

A bill to amend 1975 PA 238, entitled "Child protection law," by amending section 8 (MCL 722.628), as amended by 1998 PA 484.

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

 

 

Reps. Julian, Richner, Tesanovich, Birkholz, Howell, Kuipers, Ehardt, LaSata, Middaugh, Bishop, Hager, Voorhees, Bovin and Sanborn introduced

House Bill No. 4663, entitled

A bill to amend 1937 PA 94, entitled "Use tax act," (MCL 205.91 to 205.111) by adding section 8.

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

 

 

Reps. Richner, Tesanovich, Birkholz, Howell, Kuipers, Ehardt, LaSata, Middaugh, Julian, Bishop, Hager, Voorhees, Bovin and Sanborn introduced

House Bill No. 4664, entitled

A bill to amend 1933 PA 167, entitled "General sales tax act," (MCL 205.51 to 205.78) by adding section 10.

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

 

 

Reps. Hager, Gilbert, Rocca, Richardville, Kowall, Shackleton, LaSata, DeHart, Caul, Tabor, Faunce, Woodward, Ehardt, Bovin, Patterson, Kukuk, Sanborn, Allen, Bisbee, Hart and Raczkowski introduced

House Bill No. 4665, entitled

A bill to repeal local acts prohibiting or restricting Sunday hunting.

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

 

 

Reps. Perricone, Allen, Birkholz, Ruth Johnson, Rick Johnson, Garcia, Julian, Mortimer, Van Woerkom, Ehardt, Pumford, Mead, LaSata, Kowall, Hager, DeRossett, Gilbert, Tabor, Rocca, Shackleton, Toy, Jelinek, Middaugh, DeVuyst, Sanborn and Richner introduced

House Bill No. 4666, entitled

A bill to create the Michigan merit award scholarship trust fund; to create the Michigan merit award scholarship trust fund commission and prescribe the powers and duties of the commission; and to provide for the Michigan merit award scholarship program.

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

Reps. Lemmons, Hale, Switalski, Vaughn, Stallworth, Jacobs, Mans, O'Neil, Spade, Daniels, Lockwood, Schauer, Cherry, Minore, Basham, Martinez, Reeves, Hardman, Clark, Neumann, LaForge, Kelly, Quarles, Clarke, Dennis, Rivet, Pestka, Sheltrown, Scott, Gieleghem, Jamnick, Woodward, Callahan, Bovin and DeHart introduced

House Bill No. 4667, entitled

A bill to amend 1972 PA 284, entitled "Business corporation act," (MCL 450.1101 to 450.2098) by adding section 912.

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

 

 

Rep. Jamnick introduced

House Bill No. 4668, entitled

A bill to amend 1909 PA 279, entitled "The home rule city act," by amending section 9 (MCL 117.9), as amended by 1984 PA 352.

The bill was read a first time by its title and referred to the Committee on Local Government and Urban Policy.

 

 

______

 

 

Rep. Prusi moved that the House adjourn.

The motion prevailed, the time being 5:15 p.m.

 

Associate Speaker Pro Tempore Scranton declared the House adjourned until Wednesday, May 12, at 2:00 p.m.

 

 

GARY L. RANDALL

Clerk of the House of Representatives.