No. 62
STATE OF MICHIGAN
JOURNAL
OF THE
House of Representatives
90th Legislature
REGULAR SESSION OF 2000
House Chamber, Lansing, Wednesday, October 4, 2000.
2:00 p.m.
The House was called to order by the Speaker Pro Tempore.
The roll was called by the Clerk of the House of Representatives, who announced that a quorum was present.
Allen--present
Baird--present
Basham--present
Birkholz--present
Bisbee--present
Bishop--present
Bogardus--present
Bovin--present
Bradstreet--present
Brater--present
Brewer--present
Brown, Bob--present
Brown, Cameron--present
Byl--present
Callahan--present
Cassis--present
Caul--present
Cherry--present
Clark--present
Clarke--present
Daniels--present
DeHart--present
Dennis--present
DeRossett--present
DeVuyst--present
DeWeese--present
Ehardt--present
Faunce--present
Frank--present
Garcia--present
Garza--present
Geiger--present
Gieleghem--present
Gilbert--present
Godchaux--present
Gosselin--present
Green--present
Hager--present
Hale--present
Hanley--present
Hansen--present
Hardman--present
Hart--present
Howell--present
Jacobs--present
Jamnick--present
Jansen--present
Jelinek--present
Jellema--present
Johnson, Rick--present
Johnson, Ruth--present
Julian--present
Kelly--present
Kilpatrick--present
Koetje--present
Kowall--present
Kuipers--present
Kukuk--present
LaForge--present
LaSata--present
Law--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--excused
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
Rep. Kwame Kilpatrick, from the 9th District, offered the following invocation:
"Almighty God, we come before You today with bowed heads and humbled hearts just to say thank You. Thank You for allowing us to have one more day. Thank You for allowing us to serve. Thank You for all of the wonderful blessings that You continue to bestow upon all of us. We would like to ask that You would continue to be with us, to lead us, to guide us and to watch over us as we effectuate policy and serve the wonderful people of this great state. We ask this blessing and all blessings in the name of Thy son, Amen."
______
Rep. Scott moved that Rep. Stallworth be excused from today's session.
The motion prevailed.
Reports of Standing Committees
The Committee on Senior Health, Security and Retirement, by Rep. Vander Roest, Chair, reported
House Bill No. 5013, entitled
A bill to amend 1943 PA 240, entitled "State employees' retirement act," (MCL 38.1 to 38.69) by adding section 18a.
With the recommendation that the following amendments be adopted and that the bill then pass.
1. Amend page 1, line 4, after "19" by inserting "OR UPON TERMINATION OF THE MEMBER'S EMPLOYMENT WITH THE STATE".
2. Amend page 1, line 5, after "MEMBER" by inserting "AT THE MEMBER'S LAST KNOWN ADDRESS".
3. Amend page 1, line 6, after "RETIREMENT" by inserting a comma and "INCLUDING ELIGIBILITY FOR EARLY RETIREMENT".
The bill and amendments were referred to the order of Second Reading of Bills.
Favorable Roll Call
HB 5013 To Report Out:
Yeas: Reps. Vander Roest, Voorhees, Cassis, Faunce, Rocca, Tabor, Woronchak, DeHart, Bovin, Spade,
Nays: None.
The Committee on Senior Health, Security and Retirement, by Rep. Vander Roest, Chair, reported
House Bill No. 5963, entitled
A bill to amend 1943 PA 240, entitled "State employees' retirement act," by amending section 27 (MCL 38.27), as amended by 1987 PA 241.
With the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
HB 5963 To Report Out:
Yeas: Reps. Vander Roest, Voorhees, Cassis, Faunce, Rocca, Tabor, Woronchak, DeHart, Bovin, Spade,
Nays: None.
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Vander Roest, Chair of the Committee on Senior Health, Security and Retirement, was received and read:
Meeting held on: Wednesday, October 4, 2000, at 9:00 a.m.,
Present: Reps. Vander Roest, Voorhees, Cassis, Faunce, Rocca, Tabor, Woronchak, DeHart, Bovin, Spade,
Absent: Rep. Hardman,
Excused: Rep. Hardman.
The Committee on Veterans Affairs, by Rep. Richardville, Chair, reported
House Bill No. 4452, entitled
A bill to amend 1933 PA 167, entitled "General sales tax act," (MCL 205.51 to 205.78) by adding section 4h.
With the recommendation that the following amendment be adopted and that the bill then pass.
1. Amend page 1, line 5, after "STATES." by inserting "THE FAMILY OF THE DECEASED VETERAN SHALL SUBMIT VERIFICATION OF THE HONORABLE DISCHARGE WITHIN 240 DAYS OF INTERMENT.".
The bill and amendment were referred to the order of Second Reading of Bills.
Favorable Roll Call
HB 4452 To Report Out:
Yeas: Reps. Richardville, Allen, Garcia, Schermesser, Bovin, Mans,
Nays: None.
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Richardville, Chair of the Committee on Veterans Affairs, was received and read:
Meeting held on: Wednesday, October 4, 2000, at 10:15 a.m.,
Present: Reps. Richardville, Allen, Garcia, Schermesser, Bovin, Mans,
Absent: Rep. Ehardt,
Excused: Rep. Ehardt.
The Committee on Local Government and Urban Policy, by Rep. Birkholz, Chair, reported
House Bill No. 5036, entitled
A bill to amend 1943 PA 184, entitled "Township zoning act," by amending sections 3, 9, 11a, and 40 (MCL 125.273, 125.279, 125.281a, and 125.310), section 40 as added by 1996 PA 570.
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 5036 To Report Out:
Yeas: Reps. Birkholz, Hager, Bishop, DeWeese, Tabor, Vander Roest, Lockwood, Jamnick, Minore, Reeves,
Nays: None.
The Committee on Local Government and Urban Policy, by Rep. Birkholz, Chair, reported
House Bill No. 5037, entitled
A bill to amend 1943 PA 183, entitled "County zoning act," by amending sections 3, 9, 11a, and 40 (MCL 125.203, 125.209, 125.211a, and 125.240), section 40 as added by 1996 PA 569.
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 5037 To Report Out:
Yeas: Reps. Birkholz, Hager, Bishop, DeWeese, Tabor, Vander Roest, Lockwood, Jamnick, Minore, Reeves,
Nays: None.
The Committee on Local Government and Urban Policy, by Rep. Birkholz, Chair, reported
House Bill No. 5846, entitled
A bill to amend 1968 PA 2, entitled "Uniform budgeting and accounting act," by amending sections 1, 2a, 2b, 2c, 2d, 4, 7, 8, 14, 15, 16, 17, 18, 19, and 20 (MCL 141.421, 141.422a, 141.422b, 141.422c, 141.422d, 141.424, 141.427, 141.428, 141.434, 141.435, 141.436, 141.437, 141.438, 141.439, and 141.440), sections 1 and 7 as amended by 1982 PA 451, sections 2b and 4 as amended by 1996 PA 439, section 2d as amended by 1999 PA 142, section 8 as amended by 1996 PA 400, section 15 as amended by 1981 PA 77, and sections 16 and 17 as amended by 1995 PA 41.
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 5846 To Report Out:
Yeas: Reps. Birkholz, Hager, Bishop, DeWeese, Tabor, Vander Roest, Lockwood, Jamnick, Minore, Reeves,
Nays: None.
The Committee on Local Government and Urban Policy, by Rep. Birkholz, Chair, reported
House Bill No. 5910, entitled
A bill to establish procedures for municipalities to designate individual lots or structures as blighting; to purchase or condemn blighting property; and to transfer blighting property to developers.
With the recommendation that the substitute (H-4) 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 5910 To Report Out:
Yeas: Reps. Birkholz, Hager, Bishop, DeWeese, Tabor, Vander Roest, Lockwood, Jamnick, Minore, Reeves,
Nays: None.
The Committee on Local Government and Urban Policy, by Rep. Birkholz, Chair, reported
Senate Bill No. 612, entitled
A bill to amend 1978 PA 59, entitled "Condominium act," by amending sections 3, 6, 10, 45, 47a, 52, 58, 67, 73, 90, 108, 111, 112, 113, 132, and 135 (MCL 559.103, 559.106, 559.110, 559.145, 559.147a, 559.152, 559.158, 559.167, 559.173, 559.190, 559.208, 559.211, 559.212, 559.213, 559.232, and 559.235), sections 3, 10, 52, 67, 73, 112, and 135 as amended by 1982 PA 538, section 6 as amended by 1983 PA 113, section 47a as amended by 1998 PA 36, and section 90 as amended by 1988 PA 147, and by adding sections 72b, 90a, and 176.
With the recommendation that the substitute (H-1) be adopted and that the bill then pass.
The bill and substitute were referred to the order of Second Reading of Bills.
Favorable Roll Call
SB 612 To Report Out:
Yeas: Reps. Birkholz, Hager, Bishop, DeWeese, Tabor, Vander Roest, Lockwood, Jamnick, Minore,
Nays: None.
The Committee on Local Government and Urban Policy, by Rep. Birkholz, Chair, reported
Senate Bill No. 613, entitled
A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 3240 (MCL 600.3240), as amended by 1996 PA 214.
With the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
SB 613 To Report Out:
Yeas: Reps. Birkholz, Hager, Bishop, DeWeese, Tabor, Vander Roest, Lockwood, Jamnick, Minore,
Nays: None.
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Birkholz, Chair of the Committee on Local Government and Urban Policy, was received and read:
Meeting held on: Tuesday, October 3, 2000, at 5:35 p.m.,
Present: Reps. Birkholz, Hager, Bishop, DeWeese, Julian, Tabor, Vander Roest, Lockwood, Jamnick, Minore, Reeves.
Second Reading of Bills
House Bill No. 5917, entitled
A bill to amend 1968 PA 330, entitled "Private security guard act of 1968," by amending the title and sections 1, 2, 3, 4, 6, 7, 8, 9, 10, 11, 14, 17, 18, 19, 22, 25, 29, 30, 31, 32, and 33 (MCL 338.1051, 338.1052, 338.1053, 338.1054, 338.1056, 338.1057, 338.1058, 338.1059, 338.1060, 338.1061, 338.1064, 338.1067, 338.1068, 338.1069, 338.1072, 338.1075, 338.1079, 338.1080, 338.1081, 338.1082, and 338.1083), sections 6, 10, 17, and 18 as amended by 1994 PA 326; and to repeal acts and parts of acts.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Criminal Law and Corrections,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Sanborn 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. 5917, entitled
A bill to amend 1968 PA 330, entitled "Private security guard act of 1968," by amending the title and sections 1, 2, 3, 4, 6, 7, 8, 9, 10, 11, 14, 17, 18, 19, 22, 25, 29, 30, 31, 32, and 33 (MCL 338.1051, 338.1052, 338.1053, 338.1054, 338.1056, 338.1057, 338.1058, 338.1059, 338.1060, 338.1061, 338.1064, 338.1067, 338.1068, 338.1069, 338.1072, 338.1075, 338.1079, 338.1080, 338.1081, 338.1082, and 338.1083), sections 6, 10, 17, and 18 as amended by 1994 PA 326; and to repeal acts and parts of acts.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 891 Yeas--107
Allen Frank Kuipers Rison
Baird Garcia Kukuk Rivet
Basham Garza LaForge Rocca
Birkholz Gieleghem LaSata Sanborn
Bisbee Gilbert Law Schauer
Bishop Godchaux Lemmons Schermesser
Bogardus Gosselin Lockwood Scott
Bovin Green Mans Scranton
Bradstreet Hager Martinez Shackleton
Brater Hale Mead Sheltrown
Brown, B. Hanley Middaugh Shulman
Brown, C. Hansen Minore Spade
Byl Hardman Mortimer Stamas
Callahan Hart Neumann Switalski
Cassis Howell O'Neil Tabor
Caul Jacobs Pappageorge Tesanovich
Cherry Jamnick Patterson Thomas
Clark, I. Jansen Perricone Toy
Clarke, H. Jelinek Pestka Van Woerkom
Daniels Jellema Price Vander Roest
DeHart Johnson, Rick Prusi Vaughn
Dennis Johnson, Ruth Pumford Vear
DeRossett Julian Quarles Voorhees
DeVuyst Kelly Raczkowski Wojno
DeWeese Kilpatrick Reeves Woodward
Ehardt Koetje Richardville Woronchak
Faunce Kowall Richner
Nays--0
In The Chair: Birkholz
The House agreed to the title of the bill.
By unanimous consent the House returned to the order of
Messages from the Senate
House Bill No. 5063, 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," by amending section 7 (MCL 691.1407), as amended by 1999 PA 241.
The Senate has substituted (S-1) the bill.
The Senate has passed the bill as substituted (S-1) and ordered that it be given immediate effect.
The Speaker announced that pursuant to Rule 45, the bill was laid over one day.
Rep. Raczkowski moved that Rule 45 be suspended.
The motion prevailed, 3/5 of the members present voting therefor.
The question being on concurring in 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. 892 Yeas--106
Allen Faunce Kowall Richner
Baird Frank Kuipers Rison
Basham Garcia Kukuk Rivet
Birkholz Garza LaForge Rocca
Bisbee Geiger LaSata Sanborn
Bishop Gieleghem Law Schauer
Bogardus Gilbert Lockwood Schermesser
Bovin Godchaux Mans Scott
Bradstreet Gosselin Martinez Scranton
Brater Green Mead Shackleton
Brewer Hager Middaugh Sheltrown
Brown, B. Hale Minore Shulman
Brown, C. Hanley Mortimer Spade
Byl Hansen Neumann Stamas
Callahan Hardman O'Neil Switalski
Cassis Hart Pappageorge Tabor
Caul Howell Patterson Tesanovich
Cherry Jacobs Perricone Thomas
Clark, I. Jamnick Pestka Toy
Clarke, H. Jansen Price Van Woerkom
Daniels Jelinek Prusi Vander Roest
DeHart Jellema Pumford Vaughn
Dennis Johnson, Rick Quarles Vear
DeRossett Johnson, Ruth Raczkowski Voorhees
DeVuyst Julian Reeves Wojno
DeWeese Kelly Richardville Woronchak
Ehardt Koetje
Nays--0
In The Chair: Birkholz
Rep. Raczkowski moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
Second Reading of Bills
House Bill No. 5541, entitled
A bill to amend 1976 PA 295, entitled "State transportation preservation act of 1976," (MCL 474.51 to 474.70) by amending the title, as amended by 1984 PA 210, and by adding section 15a.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Appropriations,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Shackleton moved to amend the bill as follows:
1. Amend page 2, line 16, after "ERTY" by inserting "OR PROPERTY ADJACENT TO RAILROAD OPERATING PROPERTY,".
2. Amend page 3, line 15, after "ABLE" by striking out "TO BE ALLOCATED".
3. Amend page 4, line 18, after "INTEREST" by inserting "AND ANY PENALTIES ASSESSED, RECEIVED, AND".
The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.
Rep. Jellema 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. 5541, entitled
A bill to amend 1976 PA 295, entitled "State transportation preservation act of 1976," (MCL 474.51 to 474.70) by amending the title, as amended by 1984 PA 210, and by adding section 15a.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 893 Yeas--107
Allen Frank Kuipers Rison
Baird Garcia Kukuk Rivet
Basham Garza LaForge Rocca
Birkholz Geiger LaSata Sanborn
Bisbee Gieleghem Law Schauer
Bishop Gilbert Lemmons Schermesser
Bogardus Godchaux Lockwood Scott
Bovin Green Mans Scranton
Brater Hager Martinez Shackleton
Brewer Hale Mead Sheltrown
Brown, B. Hanley Middaugh Shulman
Brown, C. Hansen Minore Spade
Byl Hardman Mortimer Stamas
Callahan Hart Neumann Switalski
Cassis Howell O'Neil Tabor
Caul Jacobs Pappageorge Tesanovich
Cherry Jamnick Patterson Thomas
Clark, I. Jansen Perricone Toy
Clarke, H. Jelinek Pestka Van Woerkom
Daniels Jellema Price Vander Roest
DeHart Johnson, Rick Prusi Vaughn
Dennis Johnson, Ruth Pumford Vear
DeRossett Julian Quarles Voorhees
DeVuyst Kelly Raczkowski Wojno
DeWeese Kilpatrick Reeves Woodward
Ehardt Koetje Richardville Woronchak
Faunce Kowall Richner
Nays--2
Bradstreet Gosselin
In The Chair: Birkholz
The House agreed to the title of the bill.
Rep. Raczkowski moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
______
The Speaker Pro Tempore called Associate Speaker Pro Tempore Scranton to the Chair.
Second Reading of Bills
House Bill No. 5910, entitled
A bill to establish procedures for municipalities to designate individual lots or structures as blighting; to purchase or condemn blighting property; and to transfer blighting property to developers.
Was read a second time, and the question being on the adoption of the proposed substitute (H-4) previously recommended by the Committee on Local Government and Urban Policy,
The substitute (H-4) was adopted, a majority of the members serving voting therefor.
Reps. Lockwood and Birkholz moved to amend the bill as follows:
1. Amend page 6, following line 13, by inserting:
"Sec. 13. The provisions of this act are in addition to any other power provided to an eligible municipality by any law, charter, or ordinance.".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Reps. Reeves and Birkholz moved to amend the bill as follows:
1. Amend page 4, line 3, after "property" by striking out "and" and inserting a comma.
2. Amend page 4, line 4, after "zone" by inserting a comma and "and poses a danger to schoolchildren".
The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.
Reps. Lockwood and Birkholz moved to amend the bill as follows:
1. Amend page 3, line 12, after "conducted" by inserting "as designated by resolution of the legislative body of an eligible municipality".
2. Amend page 3, line 22, after "(1)" by striking out "An" and inserting "Upon the designation of 1 or more school safety immediate demolition zones by resolution of the legislative body of an eligible municipality, an".
3. Amend page 3, line 25, after "within" by striking out "a" and inserting "the designated".
The motion prevailed and the amendments were 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.
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. 5910, entitled
A bill to establish procedures for municipalities to designate individual lots or structures as blighting; to purchase or condemn blighting property; and to transfer blighting property to developers.
The bill was read a third time.
The question being on the passage of the bill,
Rep. Lockwood moved that consideration of the bill be postponed temporarily.
The motion prevailed.
______
Rep. Jamnick moved that Rep. Bogardus be excused temporarily from today's session.
The motion prevailed.
Second Reading of Bills
House Bill No. 5843, entitled
A bill to amend 1965 PA 261, entitled "An act to authorize the creation and to prescribe the powers and duties of county and regional parks and recreation commissions; and to prescribe the powers and duties of county boards of supervisors with respect thereto," by amending the title and section 1 (MCL 46.351), section 1 as amended by 1990 PA 84.
The bill was read a second time.
Rep. Rivet moved to amend the bill as follows:
1. Amend page 2, line 10, after "THAT" by striking out the balance of the line through "AND" on line 11.
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Pappageorge 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. 5843, entitled
A bill to amend 1965 PA 261, entitled "An act to authorize the creation and to prescribe the powers and duties of county and regional parks and recreation commissions; and to prescribe the powers and duties of county boards of supervisors with respect thereto," by amending the title and section 1 (MCL 46.351), section 1 as amended by 1990 PA 84.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 894 Yeas--106
Allen Frank Kukuk Rison
Baird Garcia LaForge Rivet
Basham Garza LaSata Rocca
Birkholz Geiger Law Sanborn
Bisbee Gieleghem Lemmons Schauer
Bishop Gilbert Lockwood Schermesser
Bovin Godchaux Mans Scott
Bradstreet Gosselin Martinez Scranton
Brater Green Mead Shackleton
Brewer Hager Middaugh Sheltrown
Brown, B. Hale Minore Shulman
Brown, C. Hanley Mortimer Spade
Byl Hansen Neumann Stamas
Callahan Hardman O'Neil Switalski
Cassis Hart Pappageorge Tabor
Caul Howell Patterson Tesanovich
Cherry Jacobs Perricone Thomas
Clark, I. Jamnick Pestka Toy
Clarke, H. Jansen Price Van Woerkom
Daniels Jelinek Prusi Vander Roest
DeHart Jellema Pumford Vaughn
Dennis Johnson, Rick Quarles Vear
DeRossett Julian Raczkowski Voorhees
DeVuyst Kelly Reeves Wojno
DeWeese Koetje Richardville Woodward
Ehardt Kowall Richner Woronchak
Faunce Kuipers
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.
Second Reading of Bills
House Bill No. 6052, entitled
A bill to amend 1931 PA 328, entitled "The Michigan penal code," (MCL 750.1 to 750.568) by adding section 411s.
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 adopted, a majority of the members serving voting therefor.
Rep. Howell moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed, a majority of the members voting therefor.
Rep. Raczkowski moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
______
Rep. Julian moved that Rep. DeWeese be excused temporarily from today's session.
The motion prevailed.
By unanimous consent the House returned to the order of
Third Reading of Bills
House Bill No. 6052, entitled
A bill to amend 1931 PA 328, entitled "The Michigan penal code," (MCL 750.1 to 750.568) by adding section 411s.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 895 Yeas--105
Allen Garcia Kowall Richner
Baird Garza Kuipers Rison
Basham Geiger Kukuk Rocca
Birkholz Gieleghem LaForge Sanborn
Bisbee Gilbert LaSata Schauer
Bishop Godchaux Law Schermesser
Bovin Gosselin Lemmons Scott
Bradstreet Green Lockwood Scranton
Brater Hager Mans Shackleton
Brewer Hale Martinez Sheltrown
Brown, B. Hanley Mead Shulman
Brown, C. Hansen Middaugh Spade
Byl Hardman Minore Stamas
Callahan Hart Mortimer Switalski
Cassis Howell Neumann Tabor
Caul Jacobs O'Neil Tesanovich
Cherry Jamnick Pappageorge Thomas
Clark, I. Jansen Patterson Toy
Clarke, H. Jelinek Perricone Van Woerkom
Daniels Jellema Pestka Vander Roest
DeHart Johnson, Rick Price Vaughn
Dennis Johnson, Ruth Prusi Vear
DeRossett Julian Pumford Voorhees
DeVuyst Kelly Raczkowski Wojno
Ehardt Kilpatrick Reeves Woodward
Faunce Koetje Richardville Woronchak
Frank
Nays--0
In The Chair: Scranton
The House agreed to the title of the bill.
The House returned to the consideration of
House Bill No. 5910, entitled
A bill to establish procedures for municipalities to designate individual lots or structures as blighting; to purchase or condemn blighting property; and to transfer blighting property to developers.
(The bill was considered earlier today, see today's journal, p. 2236.)
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. 896 Yeas--88
Allen Garza Lemmons Rocca
Baird Gieleghem Lockwood Sanborn
Basham Gilbert Mans Schauer
Birkholz Godchaux Martinez Schermesser
Bisbee Hager Mead Scott
Bovin Hale Minore Scranton
Brater Hanley Neumann Shackleton
Brewer Hansen O'Neil Sheltrown
Brown, B. Hardman Pappageorge Spade
Callahan Howell Patterson Stamas
Caul Jacobs Perricone Switalski
Cherry Jamnick Pestka Tabor
Clark, I. Jansen Price Tesanovich
Clarke, H. Jelinek Prusi Thomas
Daniels Jellema Pumford Toy
DeHart Johnson, Ruth Quarles Van Woerkom
Dennis Julian Raczkowski Vander Roest
DeRossett Kelly Reeves Vaughn
DeVuyst Kilpatrick Richardville Voorhees
Faunce Kowall Richner Wojno
Frank LaForge Rison Woodward
Garcia Law Rivet Woronchak
Nays--15
Bishop Cassis Koetje Middaugh
Bradstreet Ehardt Kuipers Shulman
Brown, C. Hart Kukuk Vear
Byl Johnson, Rick LaSata
In The Chair: Scranton
The question being on agreeing to the title of the bill,
Rep. Raczkowski moved to amend the title to read as follows:
A bill to establish procedures for certain municipalities to designate school safety immediate demolition zones; to designate as blighted certain lots or structures that pose a direct threat to the health, safety, or welfare of schoolchildren; to demolish certain blighted structures located within school safety immediate demolition zones; to impose certain duties on certain municipalities; and to provide remedies and penalties.
The motion prevailed.
The House agreed to the title as amended.
Rep. Raczkowski moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Rep. Bradstreet, 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:
House Bill 5910 is a bill which does absolutely nothing. It requires nothing of municipalities, it prohibits nothing, it provides no new legal cover. In short, it is an extraneous waste of time. Current law allows municipalities to do everything that this bill encourages by simply passing local ordinances to that effect. This bill is political window dressing on behalf of a Detroit political faction which is in search of a newspaper headline. It is no more than that, and it is no less than that."
Second Reading of Bills
House Bill No. 5635, entitled
A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 535 (MCL 600.535), as amended by 1990 PA 54, and by adding section 549j.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Family and Civil Law,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Rick Johnson 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.
______
The Speaker Pro Tempore resumed the Chair.
Rep. Price moved that Rep. Brater be excused temporarily from today's session.
The motion prevailed.
Rep. Raczkowski moved that Rep. Perricone be excused temporarily from today's session.
The motion prevailed.
By unanimous consent the House returned to the order of
Third Reading of Bills
House Bill No. 5635, entitled
A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 535 (MCL 600.535), as amended by 1990 PA 54, and by adding section 549j.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 897 Yeas--101
Allen Garcia Kukuk Rivet
Baird Garza LaForge Rocca
Basham Gieleghem LaSata Sanborn
Birkholz Gilbert Law Schauer
Bisbee Godchaux Lemmons Schermesser
Bishop Gosselin Lockwood Scott
Bovin Hager Mans Scranton
Bradstreet Hale Martinez Shackleton
Brewer Hansen Mead Sheltrown
Brown, B. Hardman Middaugh Shulman
Brown, C. Hart Mortimer Spade
Byl Howell Neumann Stamas
Callahan Jacobs O'Neil Switalski
Cassis Jamnick Pappageorge Tabor
Caul Jansen Patterson Tesanovich
Cherry Jelinek Pestka Thomas
Clark, I. Jellema Price Toy
Clarke, H. Johnson, Rick Prusi Van Woerkom
Daniels Johnson, Ruth Pumford Vander Roest
DeHart Julian Quarles Vaughn
Dennis Kelly Raczkowski Vear
DeRossett Kilpatrick Reeves Voorhees
DeVuyst Koetje Richardville Wojno
Ehardt Kowall Richner Woodward
Faunce Kuipers Rison Woronchak
Frank
Nays--0
In The Chair: Birkholz
The question being on agreeing to the title of the bill,
Rep. Raczkowski moved to amend the title to read as follows:
A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 535 (MCL 600.535), as amended by 1990 PA 54, and by adding sections 549j and 550b.
The motion prevailed.
The House agreed to the title as amended.
Rep. Raczkowski moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Second Reading of Bills
House Bill No. 4452, entitled
A bill to amend 1933 PA 167, entitled "General sales tax act," (MCL 205.51 to 205.78) by adding section 4h.
Was read a second time, and the question being on the adoption of the proposed amendment previously recommended by the Committee on Veterans Affairs (for amendment, see today's journal, p. 2231),
The amendment was adopted, a majority of the members serving voting therefor.
Rep. Callahan moved to amend the bill as follows:
1. Amend page 1, line 3, after "OTHER" by striking out "OUTSIDE BURIAL".
The question being on the adoption of the amendment offered by Rep. Callahan,
Rep. Callahan demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Callahan,
The amendment was adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 898 Yeas--103
Allen Frank Kowall Rivet
Baird Garcia Kuipers Rocca
Basham Garza LaForge Sanborn
Birkholz Geiger LaSata Schauer
Bisbee Gieleghem Law Schermesser
Bishop Gilbert Lemmons Scott
Bovin Godchaux Lockwood Scranton
Bradstreet Gosselin Mans Shackleton
Brater Hager Martinez Sheltrown
Brewer Hale Mead Shulman
Brown, B. Hanley Middaugh Spade
Brown, C. Hansen Minore Stamas
Byl Hardman Mortimer Switalski
Callahan Hart Neumann Tabor
Cassis Howell O'Neil Tesanovich
Caul Jacobs Pappageorge Thomas
Cherry Jamnick Patterson Toy
Clark, I. Jansen Pestka Van Woerkom
Clarke, H. Jelinek Price Vander Roest
Daniels Jellema Prusi Vaughn
DeHart Johnson, Rick Pumford Vear
Dennis Johnson, Ruth Raczkowski Voorhees
DeRossett Julian Reeves Wojno
DeVuyst Kelly Richardville Woodward
Ehardt Kilpatrick Richner Woronchak
Faunce Koetje Rison
Nays--0
In The Chair: Birkholz
Rep. Callahan moved to amend the bill as follows:
1. Amend page 1, line 1, after "4H." by inserting "(1)".
2. Amend page 1, following line 5, by inserting:
"(2) EACH YEAR THE STATE TREASURER SHALL ESTIMATE THE AMOUNT OF SALES TAX THAT WAS NOT COLLECTED BECAUSE OF THIS EXEMPTION AND THAT AMOUNT SHALL BE TRANSFERRED FROM THE GENERAL FUND TO THE STATE SCHOOL AID FUND.".
The question being on the adoption of the amendments offered by Rep. Callahan,
Rep. Callahan demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendments offered by Rep. Callahan,
The amendments were adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 899 Yeas--101
Allen Garcia Kowall Rivet
Baird Garza Kuipers Rocca
Basham Geiger LaForge Sanborn
Birkholz Gieleghem LaSata Schauer
Bisbee Gilbert Lemmons Schermesser
Bishop Godchaux Lockwood Scott
Bovin Gosselin Mans Scranton
Brater Hager Martinez Shackleton
Brewer Hale Mead Sheltrown
Brown, B. Hanley Middaugh Shulman
Brown, C. Hansen Minore Spade
Byl Hardman Mortimer Stamas
Callahan Hart Neumann Switalski
Cassis Howell O'Neil Tabor
Caul Jacobs Pappageorge Tesanovich
Cherry Jamnick Patterson Thomas
Clark, I. Jansen Pestka Toy
Clarke, H. Jelinek Price Van Woerkom
Daniels Jellema Prusi Vander Roest
DeHart Johnson, Rick Pumford Vaughn
Dennis Johnson, Ruth Quarles Vear
DeRossett Julian Reeves Voorhees
DeVuyst Kelly Richardville Wojno
Ehardt Kilpatrick Richner Woodward
Faunce Koetje Rison Woronchak
Frank
Nays--1
Kukuk
In The Chair: Birkholz
Rep. Richardville 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. 4452, entitled
A bill to amend 1933 PA 167, entitled "General sales tax act," (MCL 205.51 to 205.78) by adding section 4h.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 900 Yeas--101
Allen Frank Kukuk Rison
Baird Garcia LaForge Rivet
Basham Garza LaSata Rocca
Birkholz Gieleghem Law Sanborn
Bisbee Gilbert Lemmons Schauer
Bishop Godchaux Lockwood Schermesser
Bovin Gosselin Mans Scott
Bradstreet Hager Martinez Scranton
Brater Hale Mead Shackleton
Brewer Hansen Middaugh Sheltrown
Brown, B. Hardman Minore Shulman
Brown, C. Hart Mortimer Spade
Byl Howell Neumann Stamas
Callahan Jacobs O'Neil Switalski
Cassis Jansen Pappageorge Tesanovich
Caul Jelinek Patterson Thomas
Cherry Jellema Pestka Toy
Clark, I. Johnson, Rick Price Van Woerkom
Clarke, H. Johnson, Ruth Prusi Vander Roest
Daniels Julian Pumford Vaughn
DeHart Kelly Quarles Vear
Dennis Kilpatrick Raczkowski Voorhees
DeRossett Koetje Reeves Wojno
DeVuyst Kowall Richardville Woodward
Ehardt Kuipers Richner Woronchak
Faunce
Nays--0
In The Chair: Birkholz
The House agreed to the title of the bill.
Rep. Raczkowski moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Second Reading of Bills
House Bill No. 5786, entitled
A bill to amend 1976 PA 451, entitled "The revised school code," (MCL 380.1 to 380.1852) by adding sections 15a and 602a.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Education,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Shackleton 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. 5786, entitled
A bill to amend 1976 PA 451, entitled "The revised school code," (MCL 380.1 to 380.1852) by adding sections 15a and 602a.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 901 Yeas--102
Allen Frank Kuipers Rivet
Baird Garcia Kukuk Rocca
Basham Garza LaForge Sanborn
Birkholz Geiger LaSata Schauer
Bisbee Gieleghem Law Schermesser
Bishop Gilbert Lemmons Scott
Bovin Godchaux Lockwood Scranton
Bradstreet Gosselin Mans Shackleton
Brater Hager Martinez Sheltrown
Brewer Hale Mead Shulman
Brown, B. Hansen Middaugh Spade
Brown, C. Hardman Minore Stamas
Byl Hart Mortimer Switalski
Callahan Howell Neumann Tabor
Cassis Jacobs O'Neil Tesanovich
Caul Jamnick Pappageorge Thomas
Cherry Jansen Patterson Toy
Clark, I. Jelinek Pestka Van Woerkom
Clarke, H. Jellema Price Vander Roest
Daniels Johnson, Rick Prusi Vaughn
DeHart Johnson, Ruth Pumford Vear
Dennis Julian Raczkowski Voorhees
DeRossett Kelly Reeves Wojno
DeVuyst Kilpatrick Richner Woodward
Ehardt Koetje Rison Woronchak
Faunce Kowall
Nays--0
In The Chair: Birkholz
The question being on agreeing to the title of the bill,
Rep. Raczkowski moved to amend the title to read as follows:
A bill to amend 1976 PA 451, entitled "The revised school code," by amending sections 15 and 602 (MCL 380.15 and 380.602), as added by 2000 PA 231.
The motion prevailed.
The House agreed to the title as amended.
Second Reading of Bills
House Bill No. 6027, entitled
A bill to amend 1941 PA 207, entitled "Fire prevention code," by amending section 6 (MCL 29.6).
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Regulatory Reform,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Frank 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. 6027, entitled
A bill to amend 1941 PA 207, entitled "Fire prevention code," by amending section 6 (MCL 29.6).
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 902 Yeas--104
Allen Frank Kowall Richner
Baird Garcia Kuipers Rison
Basham Garza Kukuk Rivet
Birkholz Geiger LaForge Rocca
Bisbee Gieleghem LaSata Sanborn
Bishop Gilbert Law Schauer
Bovin Godchaux Lemmons Schermesser
Bradstreet Gosselin Lockwood Scott
Brater Hager Mans Scranton
Brewer Hale Martinez Shackleton
Brown, B. Hanley Mead Sheltrown
Brown, C. Hansen Middaugh Shulman
Byl Hardman Minore Spade
Callahan Hart Mortimer Stamas
Cassis Howell Neumann Switalski
Caul Jacobs O'Neil Tabor
Cherry Jamnick Pappageorge Tesanovich
Clark, I. Jansen Patterson Thomas
Clarke, H. Jelinek Pestka Toy
Daniels Jellema Price Van Woerkom
DeHart Johnson, Rick Prusi Vander Roest
Dennis Johnson, Ruth Pumford Vaughn
DeRossett Julian Quarles Vear
DeVuyst Kelly Raczkowski Voorhees
Ehardt Kilpatrick Reeves Wojno
Faunce Koetje Richardville Woronchak
Nays--0
In The Chair: Birkholz
The House agreed to the title of the bill.
Rep. Raczkowski moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Reps. Allen, Basham, Birkholz, Bishop, Bovin, Brater, Cameron Brown, Caul, Clark, Clarke, Daniels, DeHart, Dennis, DeRossett, DeVuyst, Gieleghem, Gilbert, Gosselin, Hager, Hardman, Jacobs, Julian, Kelly, Koetje, Kuipers, Law, Lockwood, Mans, Martinez, Middaugh, O'Neil, Patterson, Pestka, Prusi, Raczkowski, Richardville, Richner, Schermesser, Scott, Shackleton, Sheltrown, Spade, Tabor, Tesanovich, Thomas, Toy, Vander Roest, Vaughn, Vear and Voorhees were named co-sponsors of the bill.
Second Reading of Bills
House Bill No. 5013, entitled
A bill to amend 1943 PA 240, entitled "State employees' retirement act," (MCL 38.1 to 38.69) by adding section 18a.
Was read a second time, and the question being on the adoption of the proposed amendments previously recommended by the Committee on Senior Health, Security and Retirement (for amendments, see today's journal, p. 2230),
The amendments were adopted, a majority of the members serving voting therefor.
Rep. Frank moved to amend the bill as follows:
1. Amend page 1, line 1, after "MEMBER" by inserting "OR DEFERRED VESTED MEMBER".
2. Amend page 1, line 2, after "MEMBER'S" by inserting "OR DEFERRED VESTED MEMBER'S".
3. Amend page 1, line 3, after "MEMBER" by inserting "OR DEFERRED VESTED MEMBER".
4. Amend page 1, line 5, after "MEMBER" by inserting "OR DEFERRED VESTED MEMBER".
5. Amend page 1, line 5, after "MEMBER'S" by inserting "OR DEFERRED VESTED MEMBER'S".
6. Amend page 1, line 6, after "MEMBER'S" by inserting "OR DEFERRED VESTED MEMBER'S".
The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.
Rep. Frank 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. 5013, entitled
A bill to amend 1943 PA 240, entitled "State employees' retirement act," (MCL 38.1 to 38.69) by adding section 18a.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 903 Yeas--105
Allen Garcia Kuipers Rison
Baird Garza Kukuk Rivet
Basham Geiger LaForge Rocca
Birkholz Gieleghem LaSata Sanborn
Bisbee Gilbert Law Schauer
Bishop Godchaux Lemmons Schermesser
Bovin Gosselin Lockwood Scott
Bradstreet Hager Mans Scranton
Brater Hale Martinez Shackleton
Brewer Hanley Mead Sheltrown
Brown, B. Hansen Middaugh Shulman
Brown, C. Hardman Minore Spade
Byl Hart Mortimer Stamas
Callahan Howell Neumann Switalski
Cassis Jacobs O'Neil Tabor
Caul Jamnick Pappageorge Tesanovich
Cherry Jansen Patterson Thomas
Clark, I. Jelinek Pestka Toy
Clarke, H. Jellema Price Van Woerkom
Daniels Johnson, Rick Prusi Vander Roest
DeHart Johnson, Ruth Pumford Vaughn
Dennis Julian Quarles Vear
DeRossett Kelly Raczkowski Voorhees
DeVuyst Kilpatrick Reeves Wojno
Ehardt Koetje Richardville Woodward
Faunce Kowall Richner Woronchak
Frank
Nays--0
In The Chair: Birkholz
The House agreed to the title of the bill.
Second Reading of Bills
Senate Bill No. 1043, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 7401, 7402, 7403, 7404, 7410, and 7410a (MCL 333.7401, 333.7402, 333.7403, 333.7404, 333.7410, and 333.7410a), section 7401 as amended by 1998 PA 319, sections 7402 and 7404 as amended by 1994 PA 38, section 7403 as amended by 1996 PA 249, section 7410 as amended by 1999 PA 188, and section 7410a as added by 1998 PA 261, and by adding section 7401b.
Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Health Policy,
The substitute (H-2) was adopted, a majority of the members serving voting therefor.
Reps. Law and O'Neil moved to amend the bill as follows:
1. Amend page 16, following line 7, by inserting:
"Sec. 20954. (1) Upon proper application to the department and payment of the renewal fee under subsection (2), the department may renew a license for a medical first responder, emergency medical technician, emergency medical technician specialist, paramedic, or emergency medical services instructor-coordinator who meets the requirements of this part and completes required ongoing educational programs approved or developed by the department.
(2) Except as otherwise provided in subsection (5), an applicant for renewal of a license under section 20950 shall pay a renewal fee as follows:
(a) Medical first responder - no fee.
(b) Emergency medical technician - $25.00.
(c) Emergency medical technician specialist - $25.00.
(d) Paramedic - $25.00.
(e) Emergency medical services instructor-coordinator - $50.00.
(3) Except as otherwise provided in subsection (5), if an application for renewal under subsection (1) is received by the department after the date the license expires, the applicant shall pay a late fee in addition to the renewal fee under subsection (2) as follows:
(a) Emergency medical technician - $50.00.
(b) Emergency medical technician specialist - $50.00.
(c) Paramedic - $50.00.
(d) Emergency medical services instructor-coordinator - $100.00.
(4) If the department does not receive an application for renewal from an individual licensed under section 20950 within 60 days after his or her license expires, the department shall not issue a renewal license unless the individual completes the requirements for initial licensure and, if a late fee is required, pays the late fee. A LICENSE OR REGISTRATION SHALL BE RENEWED BY THE LICENSEE ON OR BEFORE THE EXPIRATION DATE AS PRESCRIBED BY RULE. THE DEPARTMENT SHALL MAIL A NOTICE TO THE LICENSEE AT THE LAST KNOWN ADDRESS ON FILE WITH THE DEPARTMENT ADVISING OF THE TIME, PROCEDURE, AND FEE FOR RENEWAL. FAILURE OF THE LICENSEE TO RECEIVE NOTICE UNDER THIS SUBSECTION DOES NOT RELIEVE THE LICENSEE OF THE RESPONSIBILITY FOR RENEWING HIS OR HER LICENSE. A LICENSE NOT RENEWED BY THE EXPIRATION DATE MAY BE RENEWED WITHIN 60 DAYS OF THE EXPIRATION DATE UPON APPLICATION, PAYMENT OF RENEWAL AND LATE RENEWAL FEES, AND FULFILLMENT OF ANY CONTINUED CONTINUING EDUCATION REQUIREMENTS SET FORTH IN RULES PROMULGATED UNDER THIS ARTICLE. THE LICENSEE MAY CONTINUE TO PRACTICE AND USE THE TITLE DURING THE 60-DAY PERIOD. IF A LICENSE IS NOT SO RENEWED WITHIN 60 DAYS OF THE EXPIRATION DATE, THE LICENSE IS VOID. THE LICENSEE SHALL NOT PRACTICE OR USE THE TITLE. AN INDIVIDUAL MAY BE RELICENSED WITHIN 3 YEARS OF THE EXPIRATION DATE UPON APPLICATION, PAYMENT OF THE APPLICATION PROCESSING, RENEWAL, AND LATE RENEWAL FEES, AND FULFILLMENT OF ANY CONTINUING EDUCATION REQUIREMENTS IN EFFECT AT THE TIME OF THE EXPIRATION DATE, OR THAT WOULD HAVE BEEN REQUIRED HAD THE INDIVIDUAL RENEWED HIS OR HER LICENSE PURSUANT TO SUBSECTION (1). AN INDIVIDUAL MAY BE RELICENSED MORE THAN 3 YEARS AFTER THE EXPIRATION DATE UPON APPLICATION AS A NEW APPLICANT, MEETING ALL LICENSURE REQUIREMENTS IN EFFECT AT THE TIME OF APPLICATION, TAKING OR RETAKING AND PASSING ANY EXAMINATIONS REQUIRED FOR INITIAL LICENSURE, AND PAYMENT OF FEES REQUIRED OF NEW APPLICANTS.
(5) If a life support agency certifies to the department that an applicant for renewal under this section is a volunteer and if the life support agency does not charge for its services, the department shall not require the applicant to pay the fee required under subsection (2) or a late fee under subsection (3). If the applicant for renewal ceases to meet the definition of a volunteer under this part at any time during the effective period of his or her license renewal and is employed as a licensee under this part, the applicant for renewal shall at that time pay the fee required under subsection (2).".
The motion prevailed and the amendment was adopted, a majority of the members serving 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. 1043, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 7401, 7402, 7403, 7404, 7410, and 7410a (MCL 333.7401, 333.7402, 333.7403, 333.7404, 333.7410, and 333.7410a), section 7401 as amended by 1998 PA 319, sections 7402 and 7404 as amended by 1994 PA 38, section 7403 as amended by 1996 PA 249, section 7410 as amended by 1999 PA 188, and section 7410a as added by 1998 PA 261, and by adding section 7401b.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 904 Yeas--103
Allen Garcia Kuipers Rivet
Baird Garza Kukuk Rocca
Basham Geiger LaForge Sanborn
Birkholz Gieleghem LaSata Schauer
Bisbee Gilbert Law Schermesser
Bishop Godchaux Lemmons Scott
Bovin Gosselin Lockwood Scranton
Bradstreet Hager Mans Shackleton
Brater Hale Mead Sheltrown
Brewer Hanley Middaugh Shulman
Brown, B. Hansen Minore Spade
Brown, C. Hardman Mortimer Stamas
Byl Hart Neumann Switalski
Callahan Howell O'Neil Tabor
Cassis Jacobs Pappageorge Tesanovich
Caul Jamnick Patterson Thomas
Cherry Jansen Pestka Toy
Clark, I. Jelinek Price Van Woerkom
Clarke, H. Jellema Prusi Vander Roest
Daniels Johnson, Rick Pumford Vaughn
DeHart Johnson, Ruth Quarles Vear
Dennis Julian Raczkowski Voorhees
DeRossett Kelly Reeves Wojno
DeVuyst Kilpatrick Richardville Woodward
Ehardt Koetje Richner Woronchak
Faunce Kowall Rison
Nays--0
In The Chair: Birkholz
The question being on agreeing to the title of the bill,
Rep. Raczkowski moved to amend the title to read as follows:
A bill to 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 the implementation of federal law; 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," by amending sections 7401, 7402, 7403, 7404, 7410a and 20954 (MCL 333.7401, 333.7402, 333.7403, 333.7404, 333.7410a, and 333.20954), section 7401 as amended by 1998 PA 319, sections 7402 and 7404 as amended by 1994 PA 38, section 7403 as amended by 1996 PA 249, section 7410a as added by 1998 PA 261, and section 20954 as added by 1990 PA 179, and by adding section 7401c.
The motion prevailed.
The House agreed to the title as amended.
Rep. Raczkowski moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
______
Associate Speaker Pro Tempore Scranton resumed the Chair.
Second Reading of Bills
Senate Bill No. 1186, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 13 of chapter XVII (MCL 777.13), as amended by 1999 PA 61.
Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Criminal Law and Corrections,
The substitute (H-2) was adopted, a majority of the members serving 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. 1186, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 13 of chapter XVII (MCL 777.13), as amended by 1999 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. 905 Yeas--105
Allen Garcia Kuipers Rison
Baird Garza Kukuk Rivet
Basham Geiger LaForge Rocca
Birkholz Gieleghem LaSata Sanborn
Bisbee Gilbert Law Schauer
Bishop Godchaux Lemmons Schermesser
Bovin Gosselin Lockwood Scott
Bradstreet Hager Mans Scranton
Brater Hale Martinez Shackleton
Brewer Hanley Mead Sheltrown
Brown, B. Hansen Middaugh Shulman
Brown, C. Hardman Minore Spade
Byl Hart Mortimer Stamas
Callahan Howell Neumann Switalski
Cassis Jacobs O'Neil Tabor
Caul Jamnick Pappageorge Tesanovich
Cherry Jansen Patterson Thomas
Clark, I. Jelinek Pestka Toy
Clarke, H. Jellema Price Van Woerkom
Daniels Johnson, Rick Prusi Vander Roest
DeHart Johnson, Ruth Pumford Vaughn
Dennis Julian Quarles Vear
DeRossett Kelly Raczkowski Voorhees
DeVuyst Kilpatrick Reeves Wojno
Ehardt Koetje Richardville Woodward
Faunce Kowall Richner Woronchak
Frank
Nays--0
In The Chair: Scranton
The question being on agreeing to the title of the bill,
Rep. Raczkowski moved to amend the title to read as follows:
A bill to amend 1927 PA 175, entitled "An act to revise, consolidate, and codify the laws relating to criminal procedure and to define the jurisdiction, powers, and duties of courts, judges, and other officers of the court under the provisions of this act; to provide laws relative to the rights of persons accused of criminal offenses and ordinance violations; to provide for the arrest of persons charged with or suspected of criminal offenses and ordinance violations; to provide for bail of persons arrested for or accused of criminal offenses and ordinance violations; to provide for the examination of persons accused of criminal offenses; to regulate the procedure relative to grand juries, indictments, informations, and proceedings before trial; to provide for trials of persons complained of or indicted for criminal offenses and ordinance violations and to provide for the procedure in those trials; to provide for judgments and sentences of persons convicted of criminal offenses and ordinance violations; to establish a sentencing commission and to prescribe its powers and duties; to provide for procedure relating to new trials and appeals in criminal and ordinance violation cases; to provide a uniform system of probation throughout this state and the appointment of probation officers; to prescribe the powers, duties, and compensation of probation officers; to provide penalties for the violation of the duties of probation officers; to provide for procedure governing proceedings to prevent crime and proceedings for the discovery of crime; to provide for fees of officers, witnesses, and others in criminal and ordinance violation cases; to set forth miscellaneous provisions as to criminal procedure in certain cases; to provide penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act," by amending section 13 of chapter XVII (MCL 777.13), as amended by 2000 PA 279.
The motion prevailed.
The House agreed to the title as amended.
Rep. Raczkowski moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
______
The Speaker Pro Tempore resumed the Chair.
Second Reading of Bills
House Bill No. 5522, entitled
A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding part 94a.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Health Policy,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Reps. Woodward and Kowall moved to amend the bill as follows:
1. Amend page 2, line 18, after "(1)" by inserting "BEGINNING NOT LATER THAN OCTOBER 1, 2001,".
2. Amend page 3, line 3, after "PROFESSIONAL" by inserting "THAT PROVIDES BIRTHING SERVICES AS".
3. Amend page 3, line 15, after "(1)" by inserting "AND OBTAINS AN ABNORMAL RESULT ON 1 OR MORE OF THE TESTS USED IN THE HEARING IMPAIRMENT SCREENING".
4. Amend page 3, line 16, after "OF" by striking out "EACH" and inserting "THE".
5. Amend page 3, line 16, after "INFANT" by striking out the balance of the line through the first "INFANT" on line 18.
6. Amend page 3, line 20, by striking out "DETERMINATION IS MADE" and inserting "ABNORMAL TEST RESULT IS OBTAINED".
The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.
Rep. Kowall moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed, a majority of the members voting therefor.
Rep. Middaugh 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. 5522, entitled
A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding part 94a.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 906 Yeas--104
Allen Frank Kowall Rison
Baird Garcia Kuipers Rivet
Basham Garza Kukuk Rocca
Birkholz Geiger LaSata Sanborn
Bisbee Gieleghem Law Schauer
Bishop Gilbert Lemmons Schermesser
Bovin Godchaux Lockwood Scott
Bradstreet Gosselin Mans Scranton
Brater Hager Martinez Shackleton
Brewer Hale Mead Sheltrown
Brown, B. Hanley Middaugh Shulman
Brown, C. Hansen Minore Spade
Byl Hardman Mortimer Stamas
Callahan Hart Neumann Switalski
Cassis Howell O'Neil Tabor
Caul Jacobs Pappageorge Tesanovich
Cherry Jamnick Patterson Thomas
Clark, I. Jansen Pestka Toy
Clarke, H. Jelinek Price Van Woerkom
Daniels Jellema Prusi Vander Roest
DeHart Johnson, Rick Pumford Vaughn
Dennis Johnson, Ruth Quarles Vear
DeRossett Julian Raczkowski Voorhees
DeVuyst Kelly Reeves Wojno
Ehardt Kilpatrick Richardville Woodward
Faunce Koetje Richner Woronchak
Nays--0
In The Chair: Birkholz
The question being on agreeing to the title of the bill,
Rep. Raczkowski moved to amend the title to read as follows:
A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding part 94A.
The motion prevailed.
The House agreed to the title as amended.
Rep. Raczkowski moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Second Reading of Bills
Senate Bill No. 945, entitled
A bill to amend 1974 PA 163, entitled "L.E.I.N. policy council act of 1974," by amending section 4 (MCL 28.214), as amended by 1998 PA 459.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1)* previously recommended by the Committee on Education,
The substitute (H-1)* was adopted, a majority of the members serving voting therefor.
Rep. Basham moved to amend the bill as follows:
1. Amend page 3, following line 10, by inserting:
"Enacting section 1. This amendatory act does not take effect unless House Bill No. 6054 of the 90th Legislature in enacted into law.".
The question being on the adoption of the amendment offered by Rep. Basham,
Rep. Basham demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Basham,
The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 907 Yeas--49
Baird Garza Lemmons Rivet
Basham Gieleghem Lockwood Schauer
Bovin Hale Mans Schermesser
Brater Hanley Martinez Scott
Brewer Hansen Minore Sheltrown
Brown, B. Hardman Neumann Spade
Callahan Jacobs O'Neil Switalski
Clark, I. Jamnick Pestka Tesanovich
Clarke, H. Kelly Prusi Thomas
Daniels Kilpatrick Quarles Vaughn
DeHart LaForge Reeves Wojno
Dennis Law Rison Woodward
Frank
Nays--55
Allen Garcia Koetje Richner
Birkholz Geiger Kowall Rocca
Bisbee Gilbert Kuipers Sanborn
Bishop Godchaux Kukuk Scranton
Bradstreet Gosselin LaSata Shackleton
Brown, C. Hager Mead Shulman
Byl Hart Middaugh Stamas
Cassis Howell Mortimer Toy
Caul Jansen Pappageorge Van Woerkom
Cherry Jelinek Patterson Vander Roest
DeRossett Jellema Price Vear
DeVuyst Johnson, Rick Pumford Voorhees
Ehardt Johnson, Ruth Raczkowski Woronchak
Faunce Julian Richardville
In The Chair: Birkholz
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. 945, entitled
A bill to amend 1974 PA 163, entitled "L.E.I.N. policy council act of 1974," by amending section 4 (MCL 28.214), as amended by 1998 PA 459.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 908 Yeas--95
Allen Frank Koetje Rison
Baird Garcia Kowall Rivet
Basham Garza Kuipers Rocca
Birkholz Geiger Kukuk Sanborn
Bisbee Gieleghem LaSata Schauer
Bishop Gilbert Law Schermesser
Bovin Godchaux Lemmons Scranton
Bradstreet Gosselin Lockwood Shackleton
Brewer Hager Mans Sheltrown
Brown, B. Hale Mead Shulman
Brown, C. Hanley Middaugh Spade
Byl Hansen Mortimer Stamas
Callahan Hardman Neumann Switalski
Cassis Hart O'Neil Tabor
Caul Howell Pappageorge Thomas
Clark, I. Jacobs Patterson Toy
Clarke, H. Jansen Pestka Van Woerkom
Daniels Jelinek Price Vander Roest
DeHart Jellema Prusi Vear
Dennis Johnson, Rick Pumford Voorhees
DeRossett Johnson, Ruth Quarles Wojno
DeVuyst Julian Raczkowski Woodward
Ehardt Kelly Richardville Woronchak
Faunce Kilpatrick Richner
Nays--9
Brater LaForge Minore Tesanovich
Cherry Martinez Scott Vaughn
Jamnick
In The Chair: Birkholz
Pursuant to Joint Rule 20, the full title of the act shall read as follows:
"An act to provide for the creation of a law enforcement information network policy council; to provide for the establishment of policy and promulgation of rules governing the use of the law enforcement information network; and to provide for the appointment and compensation of council members,".
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. 5565, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 226, 801b, 802, and 803g (MCL 257.226, 257.801b, 257.802, and 257.803g), section 226 as amended by 1992 PA 297, section 801b as amended by 1986 PA 311, section 802 as amended by 1998 PA 396, and section 803g as added by 1987 PA 151.
The bill was read a second time.
Rep. Toy moved to substitute (H-1) the bill.
The motion prevailed and the substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Toy moved to amend the bill as follows:
1. Amend page 8, line 9, after "registration" by striking out the balance of the subsection and inserting a period.
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Toy 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. 5565, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 226, 801b, 802, and 803g (MCL 257.226, 257.801b, 257.802, and 257.803g), section 226 as amended by 1992 PA 297, section 801b as amended by 1986 PA 311, section 802 as amended by 1998 PA 396, and section 803g as added by 1987 PA 151.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 909 Yeas--104
Allen Frank Kowall Richner
Baird Garcia Kuipers Rison
Basham Garza Kukuk Rivet
Birkholz Geiger LaForge Rocca
Bisbee Gieleghem LaSata Sanborn
Bishop Gilbert Law Schauer
Bovin Godchaux Lemmons Scott
Bradstreet Gosselin Lockwood Scranton
Brater Hager Mans Shackleton
Brewer Hale Martinez Sheltrown
Brown, B. Hanley Mead Shulman
Brown, C. Hansen Middaugh Spade
Byl Hardman Minore Stamas
Callahan Hart Mortimer Switalski
Cassis Howell Neumann Tabor
Caul Jacobs O'Neil Tesanovich
Cherry Jamnick Pappageorge Thomas
Clark, I. Jansen Patterson Toy
Clarke, H. Jelinek Pestka Van Woerkom
Daniels Jellema Price Vander Roest
DeHart Johnson, Rick Prusi Vaughn
Dennis Johnson, Ruth Pumford Vear
DeRossett Julian Quarles Voorhees
DeVuyst Kelly Raczkowski Wojno
Ehardt Kilpatrick Reeves Woodward
Faunce Koetje Richardville Woronchak
Nays--0
In The Chair: Birkholz
The question being on agreeing to the title of the bill,
Rep. Raczkowski moved to amend the title to read as follows:
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 226, 801b, 802, and 803g (MCL 257.226, 257.801b, 257.802, and 257.803g), section 226 as amended by 2000 PA 36, section 801b as amended by 1986 PA 311, section 802 as amended by 1998 PA 396, and section 803g as added by 1987 PA 151.
The motion prevailed.
The House agreed to the title as amended.
Rep. Raczkowski moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Reps. Lemmons and Vaughn were named co-sponsors of the bill.
Second Reading of Bills
House Bill No. 5963, entitled
A bill to amend 1943 PA 240, entitled "State employees' retirement act," by amending section 27 (MCL 38.27), as amended by 1987 PA 241.
The bill was read a second time.
Rep. Vander Roest 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. 5963, entitled
A bill to amend 1943 PA 240, entitled "State employees' retirement act," by amending section 27 (MCL 38.27), as amended by 1987 PA 241.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 910 Yeas--105
Allen Garcia Kuipers Rison
Baird Garza Kukuk Rivet
Basham Geiger LaForge Rocca
Birkholz Gieleghem LaSata Sanborn
Bisbee Gilbert Law Schauer
Bishop Godchaux Lemmons Schermesser
Bovin Gosselin Lockwood Scott
Bradstreet Hager Mans Scranton
Brater Hale Martinez Shackleton
Brewer Hanley Mead Sheltrown
Brown, B. Hansen Middaugh Shulman
Brown, C. Hardman Minore Spade
Byl Hart Mortimer Stamas
Callahan Howell Neumann Switalski
Cassis Jacobs O'Neil Tabor
Caul Jamnick Pappageorge Tesanovich
Cherry Jansen Patterson Thomas
Clark, I. Jelinek Perricone Toy
Clarke, H. Jellema Pestka Van Woerkom
Daniels Johnson, Rick Price Vander Roest
DeHart Johnson, Ruth Prusi Vaughn
Dennis Julian Pumford Vear
DeRossett Kelly Raczkowski Voorhees
DeVuyst Kilpatrick Reeves Wojno
Ehardt Koetje Richardville Woodward
Faunce Kowall Richner Woronchak
Frank
Nays--0
In The Chair: Birkholz
The House agreed to the title of the bill.
Rep. Raczkowski moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
By unanimous consent the House returned to the order of
Messages from the Senate
House Bill No. 5919, entitled
A bill to amend 1998 PA 386, entitled "Estates and protected individuals code," by amending sections 5306, 5313, 5314, 5417, and 5418 (MCL 700.5306, 700.5313, 700.5314, 700.5417, and 700.5418), sections 5313 and 5314 as amended by 2000 PA 54.
The Senate has substituted (S-2) the bill.
The Senate has passed the bill as substituted (S-2), ordered that it be given immediate effect and amended the title to read as follows:
A bill to amend 1998 PA 386, entitled "An act to codify, revise, consolidate, and classify aspects of the law relating to wills and intestacy, relating to the administration and distribution of estates of certain individuals, relating to trusts, and relating to the affairs of certain individuals under legal incapacity; to provide for the powers and procedures of the court that has jurisdiction over these matters; to provide for the validity and effect of certain transfers, contracts, and deposits that relate to death; to provide procedures to facilitate enforcement of certain trusts; and to repeal acts and parts of acts," by amending sections 5306, 5313, 5417, and 5418 (MCL 700.5306, 700.5313, 700.5417, and 700.5418), section 5313 as amended by 2000 PA 54, and by adding section 5520.
The Speaker announced that pursuant to Rule 45, the bill was laid over one day.
Rep. Raczkowski moved that Rule 45 be suspended.
The motion prevailed, 3/5 of the members present voting therefor.
The question being on concurring in the substitute (S-2) made to the bill by the Senate,
The substitute (S-2) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 911 Yeas--101
Allen Garcia Kukuk Rivet
Baird Garza LaForge Rocca
Basham Geiger LaSata Sanborn
Birkholz Gieleghem Law Schauer
Bisbee Gilbert Lemmons Schermesser
Bishop Godchaux Lockwood Scott
Bovin Gosselin Mans Scranton
Bradstreet Hager Martinez Shackleton
Brater Hale Mead Sheltrown
Brewer Hanley Middaugh Shulman
Brown, B. Hansen Minore Spade
Brown, C. Hart Mortimer Stamas
Byl Howell Neumann Switalski
Callahan Jacobs O'Neil Tabor
Cassis Jamnick Pappageorge Tesanovich
Caul Jansen Patterson Thomas
Cherry Jelinek Pestka Toy
Clark, I. Jellema Price Van Woerkom
Clarke, H. Johnson, Rick Prusi Vander Roest
Daniels Johnson, Ruth Pumford Vaughn
DeHart Julian Quarles Vear
DeRossett Kelly Raczkowski Voorhees
DeVuyst Koetje Richardville Wojno
Ehardt Kowall Richner Woodward
Faunce Kuipers Rison Woronchak
Frank
Nays--0
In The Chair: Birkholz
The House agreed to the title as amended.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 5921, entitled
A bill to amend 1998 PA 386, entitled "Estates and protected individuals code," by amending section 5314 (MCL 700.5314), as amended by 2000 PA 54.
The Senate has substituted (S-1) the bill.
The Senate has passed the bill as substituted (S-1), 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.
Rep. Raczkowski moved that Rule 45 be suspended.
The motion prevailed, 3/5 of the members present voting therefor.
The question being on concurring in 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. 912 Yeas--100
Allen Garcia Kuipers Richner
Baird Garza Kukuk Rison
Basham Geiger LaForge Rocca
Birkholz Gieleghem LaSata Sanborn
Bisbee Gilbert Law Schauer
Bishop Godchaux Lemmons Schermesser
Bovin Gosselin Mans Scott
Bradstreet Hager Martinez Scranton
Brater Hale Mead Shackleton
Brewer Hanley Middaugh Sheltrown
Brown, B. Hansen Minore Shulman
Brown, C. Hardman Mortimer Spade
Byl Hart Neumann Stamas
Callahan Howell O'Neil Tabor
Cassis Jacobs Pappageorge Tesanovich
Caul Jamnick Patterson Thomas
Cherry Jansen Perricone Toy
Clark, I. Jelinek Pestka Van Woerkom
Clarke, H. Jellema Price Vander Roest
Daniels Johnson, Rick Prusi Vaughn
DeHart Johnson, Ruth Pumford Vear
Dennis Julian Quarles Voorhees
DeVuyst Kelly Raczkowski Wojno
Ehardt Koetje Reeves Woodward
Faunce Kowall Richardville Woronchak
Nays--0
In The Chair: Birkholz
The House agreed to the full title of the bill.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
______
Rep. Dennis asked and obtained an excuse from the balance of today's session.
Associate Speaker Pro Tempore Scranton resumed the Chair.
Second Reading of Bills
House Bill No. 5925, entitled
A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 120a (MCL 750.120a).
Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Criminal Law and Corrections,
The substitute (H-2) was adopted, a majority of the members serving voting therefor.
Rep. Kowall moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed, a majority of the members voting therefor.
Rep. Raczkowski moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
______
Rep. Kilpatrick moved that Rep. Hardman be excused from the balance of today's session.
The motion prevailed.
Rep. Thomas moved that Rep. Lemmons be excused temporarily from today's session.
The motion prevailed.
By unanimous consent the House returned to the order of
Third Reading of Bills
House Bill No. 5925, entitled
A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 120a (MCL 750.120a).
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 913 Yeas--100
Allen Garcia Kukuk Rison
Baird Geiger LaForge Rivet
Basham Gieleghem LaSata Rocca
Birkholz Gilbert Law Sanborn
Bisbee Godchaux Lockwood Schauer
Bishop Gosselin Mans Schermesser
Bovin Hager Martinez Scott
Bradstreet Hale Mead Scranton
Brater Hanley Middaugh Shackleton
Brewer Hansen Minore Sheltrown
Brown, B. Hart Mortimer Shulman
Brown, C. Howell Neumann Spade
Byl Jacobs O'Neil Stamas
Callahan Jamnick Pappageorge Switalski
Cassis Jansen Patterson Tabor
Caul Jelinek Perricone Thomas
Cherry Jellema Pestka Toy
Clark, I. Johnson, Rick Price Van Woerkom
Clarke, H. Johnson, Ruth Prusi Vander Roest
Daniels Julian Pumford Vaughn
DeHart Kelly Quarles Vear
DeVuyst Kilpatrick Raczkowski Voorhees
Ehardt Koetje Reeves Wojno
Faunce Kowall Richardville Woodward
Frank Kuipers Richner Woronchak
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.
Second Reading of Bills
House Bill No. 5926, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 16f of chapter XVII (MCL 777.16f), as amended by 1999 PA 45.
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 adopted, a majority of the members serving voting therefor.
Rep. Caul moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed, a majority of the members voting therefor.
Rep. Raczkowski moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
______
Rep. LaForge moved that Rep. Kelly be excused temporarily from today's session.
The motion prevailed.
By unanimous consent the House returned to the order of
Third Reading of Bills
House Bill No. 5926, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 16f of chapter XVII (MCL 777.16f), as amended by 1999 PA 45.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 914 Yeas--98
Allen Garza LaSata Rocca
Baird Geiger Law Sanborn
Basham Gieleghem Lockwood Schauer
Birkholz Gilbert Mans Schermesser
Bisbee Godchaux Martinez Scott
Bishop Gosselin Mead Scranton
Bovin Hager Middaugh Shackleton
Bradstreet Hale Minore Sheltrown
Brater Hansen Mortimer Shulman
Brewer Hart Neumann Spade
Brown, B. Howell O'Neil Stamas
Brown, C. Jacobs Pappageorge Switalski
Byl Jamnick Patterson Tabor
Callahan Jansen Perricone Tesanovich
Cassis Jelinek Pestka Thomas
Caul Jellema Price Toy
Clark, I. Johnson, Rick Prusi Van Woerkom
Clarke, H. Johnson, Ruth Pumford Vander Roest
Daniels Julian Quarles Vaughn
DeHart Kilpatrick Raczkowski Vear
DeVuyst Koetje Reeves Voorhees
Ehardt Kowall Richardville Wojno
Faunce Kuipers Richner Woodward
Frank Kukuk Rison Woronchak
Garcia LaForge
Nays--0
In The Chair: Scranton
The question being on agreeing to the title of the bill,
Rep. Raczkowski moved to amend the title to read as follows:
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 16f of chapter XVII (MCL 777.16f), as amended by 2000 PA 279.
The motion prevailed.
The House agreed to the title as amended.
Rep. Raczkowski moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Second Reading of Bills
House Bill No. 5928, entitled
A bill to amend 1931 PA 328, entitled "The Michigan penal code," (MCL 750.1 to 750.568) by adding section 483a.
Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Criminal Law and Corrections,
The substitute (H-2) was adopted, a majority of the members serving voting therefor.
Rep. Howell 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. 5928, entitled
A bill to amend 1931 PA 328, entitled "The Michigan penal code," (MCL 750.1 to 750.568) by adding section 483a.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 915 Yeas--102
Allen Garcia LaForge Rivet
Baird Garza LaSata Rocca
Basham Geiger Law Sanborn
Birkholz Gieleghem Lockwood Schauer
Bisbee Gilbert Mans Schermesser
Bishop Godchaux Martinez Scott
Bovin Gosselin Mead Scranton
Bradstreet Hager Middaugh Shackleton
Brater Hale Minore Sheltrown
Brewer Hanley Mortimer Shulman
Brown, B. Hansen Neumann Spade
Brown, C. Hart O'Neil Stamas
Byl Howell Pappageorge Switalski
Callahan Jacobs Patterson Tabor
Cassis Jamnick Perricone Tesanovich
Caul Jansen Pestka Thomas
Cherry Jelinek Price Toy
Clark, I. Jellema Prusi Van Woerkom
Clarke, H. Johnson, Rick Pumford Vander Roest
Daniels Johnson, Ruth Quarles Vaughn
DeHart Julian Raczkowski Vear
DeVuyst Kilpatrick Reeves Voorhees
DeWeese Koetje Richardville Wojno
Ehardt Kowall Richner Woodward
Faunce Kuipers Rison Woronchak
Frank Kukuk
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.
Second Reading of Bills
House Bill No. 5932, entitled
A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 119 (MCL 750.119).
Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Criminal Law and Corrections,
The substitute (H-2) was adopted, a majority of the members serving voting therefor.
Rep. O'Neil 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. 5932, entitled
A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 119 (MCL 750.119).
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 916 Yeas--101
Allen Garcia Kukuk Rivet
Baird Garza LaSata Rocca
Basham Geiger Law Sanborn
Birkholz Gieleghem Lockwood Schauer
Bisbee Gilbert Mans Schermesser
Bishop Godchaux Martinez Scott
Bovin Gosselin Mead Scranton
Bradstreet Hager Middaugh Shackleton
Brater Hale Minore Sheltrown
Brewer Hanley Mortimer Shulman
Brown, B. Hansen Neumann Spade
Brown, C. Hart O'Neil Stamas
Byl Howell Pappageorge Switalski
Callahan Jacobs Patterson Tabor
Cassis Jamnick Perricone Tesanovich
Caul Jansen Pestka Thomas
Cherry Jelinek Price Toy
Clark, I. Jellema Prusi Van Woerkom
Clarke, H. Johnson, Rick Pumford Vander Roest
Daniels Johnson, Ruth Quarles Vaughn
DeHart Julian Raczkowski Vear
DeVuyst Kilpatrick Reeves Voorhees
DeWeese Koetje Richardville Wojno
Ehardt Kowall Richner Woodward
Faunce Kuipers Rison Woronchak
Frank
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.
Second Reading of Bills
House Bill No. 5929, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 16x of chapter XVII (MCL 777.16x), 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 adopted, a majority of the members serving voting therefor.
Rep. Patterson 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. 5929, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 16x of chapter XVII (MCL 777.16x), 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. 917 Yeas--96
Allen Frank Kuipers Rocca
Baird Garcia Kukuk Sanborn
Basham Geiger LaSata Schauer
Birkholz Gieleghem Law Schermesser
Bisbee Gilbert Lockwood Scott
Bishop Godchaux Mans Scranton
Bovin Gosselin Mead Shackleton
Bradstreet Hager Middaugh Sheltrown
Brater Hale Minore Shulman
Brewer Hanley Mortimer Spade
Brown, B. Hansen Neumann Stamas
Brown, C. Hart O'Neil Switalski
Byl Howell Pappageorge Tabor
Callahan Jacobs Patterson Tesanovich
Cassis Jamnick Pestka Thomas
Caul Jansen Price Toy
Cherry Jelinek Prusi Van Woerkom
Clarke, H. Jellema Pumford Vander Roest
Daniels Johnson, Rick Quarles Vaughn
DeHart Johnson, Ruth Raczkowski Vear
DeVuyst Julian Reeves Voorhees
DeWeese Kilpatrick Richardville Wojno
Ehardt Koetje Richner Woodward
Faunce Kowall Rison Woronchak
Nays--0
In The Chair: Scranton
The question being on agreeing to the title of the bill,
Rep. Raczkowski moved to amend the title to read as follows:
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 16x of chapter XVII (MCL 777.16x), as amended by 2000 PA 279.
The motion prevailed.
The House agreed to the title as amended.
Rep. Raczkowski moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Second Reading of Bills
House Bill No. 5931, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 16f of chapter XVII (MCL 777.16f), as amended by 1999 PA 45.
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 adopted, a majority of the members serving voting therefor.
Rep. VanWoerkom 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. 5931, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 16f of chapter XVII (MCL 777.16f), as amended by 1999 PA 45.
The bill was read a third time.
The question being on the passage of the bill,
Rep. Baird moved that consideration of the bill be postponed temporarily.
The motion prevailed.
Second Reading of Bills
House Bill No. 5933, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 16f of chapter XVII (MCL 777.16f), as amended by 1999 PA 45.
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 adopted, a majority of the members serving voting therefor.
Rep. Daniels 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. 5933, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 16f of chapter XVII (MCL 777.16f), as amended by 1999 PA 45.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 918 Yeas--101
Allen Garcia LaSata Rivet
Baird Geiger Law Rocca
Basham Gieleghem Lemmons Sanborn
Birkholz Gilbert Lockwood Schauer
Bisbee Godchaux Mans Schermesser
Bishop Gosselin Martinez Scott
Bovin Hager Mead Scranton
Bradstreet Hale Middaugh Shackleton
Brater Hansen Minore Sheltrown
Brewer Hart Mortimer Shulman
Brown, B. Howell Neumann Spade
Brown, C. Jacobs O'Neil Stamas
Byl Jamnick Pappageorge Switalski
Callahan Jansen Patterson Tabor
Cassis Jelinek Perricone Tesanovich
Caul Jellema Pestka Thomas
Cherry Johnson, Rick Price Toy
Clark, I. Johnson, Ruth Prusi Van Woerkom
Clarke, H. Julian Pumford Vander Roest
Daniels Kilpatrick Quarles Vaughn
DeHart Koetje Raczkowski Vear
DeVuyst Kowall Reeves Voorhees
DeWeese Kuipers Richardville Wojno
Ehardt Kukuk Richner Woodward
Faunce LaForge Rison Woronchak
Frank
Nays--0
In The Chair: Scranton
The question being on agreeing to the title of the bill,
Rep. Raczkowski moved to amend the title to read as follows:
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 16f of chapter XVII (MCL 777.16f), as amended by 2000 PA 279.
The motion prevailed.
The House agreed to the title as amended.
Rep. Raczkowski moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Second Reading of Bills
House Bill No. 5930, entitled
A bill to amend 1931 PA 328, entitled "The Michigan penal code," (MCL 750.1 to 750.568) by adding section 122.
Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Criminal Law and Corrections,
The substitute (H-2) was adopted, a majority of the members serving voting therefor.
Rep. Baird moved to amend the bill as follows:
1. Amend page 3, following line 11, by inserting:
"(7) A PERSON CHARGED WITH CONDUCTING AN OFFICIAL PROCEEDING SHALL NOT CONSPIRE WITH ANY PERSON TO IMPROPERLY AFFECT THE OUTCOME OF THAT OFFICIAL PROCEEDING." 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. Bradstreet 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. 5930, entitled
A bill to amend 1931 PA 328, entitled "The Michigan penal code," (MCL 750.1 to 750.568) by adding section 122.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 919 Yeas--100
Allen Garcia LaForge Rivet
Baird Garza LaSata Rocca
Basham Geiger Law Sanborn
Birkholz Gieleghem Lemmons Schauer
Bisbee Gilbert Lockwood Schermesser
Bishop Godchaux Mans Scott
Bovin Gosselin Martinez Scranton
Bradstreet Hager Mead Shackleton
Brater Hale Middaugh Sheltrown
Brewer Hansen Minore Shulman
Brown, B. Hart Mortimer Spade
Brown, C. Howell Neumann Stamas
Byl Jacobs O'Neil Switalski
Callahan Jamnick Pappageorge Tabor
Cassis Jansen Patterson Tesanovich
Caul Jelinek Perricone Thomas
Cherry Jellema Pestka Toy
Clark, I. Johnson, Rick Price Van Woerkom
Clarke, H. Johnson, Ruth Prusi Vander Roest
DeHart Julian Pumford Vaughn
DeVuyst Kilpatrick Raczkowski Vear
DeWeese Koetje Reeves Voorhees
Ehardt Kowall Richardville Wojno
Faunce Kuipers Richner Woodward
Frank Kukuk Rison Woronchak
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.
The House returned to the consideration of
House Bill No. 5931, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 16f of chapter XVII (MCL 777.16f), as amended by 1999 PA 45.
(The bill was considered earlier today, see today's journal, p. 2266.)
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. 920 Yeas--100
Allen Frank Kukuk Rison
Baird Garcia LaForge Rivet
Basham Garza LaSata Rocca
Birkholz Geiger Law Sanborn
Bisbee Gieleghem Lemmons Schauer
Bishop Gilbert Lockwood Schermesser
Bovin Godchaux Mans Scott
Bradstreet Gosselin Martinez Scranton
Brater Hager Mead Shackleton
Brewer Hale Middaugh Sheltrown
Brown, B. Hanley Minore Shulman
Brown, C. Hansen Mortimer Spade
Byl Hart Neumann Switalski
Callahan Howell O'Neil Tabor
Cassis Jacobs Patterson Tesanovich
Caul Jamnick Perricone Thomas
Cherry Jansen Pestka Toy
Clark, I. Jelinek Price Van Woerkom
Clarke, H. Johnson, Rick Prusi Vander Roest
Daniels Johnson, Ruth Pumford Vaughn
DeHart Julian Quarles Vear
DeVuyst Kilpatrick Raczkowski Voorhees
DeWeese Koetje Reeves Wojno
Ehardt Kowall Richardville Woodward
Faunce Kuipers Richner Woronchak
Nays--0
In The Chair: Scranton
The question being on agreeing to the title of the bill,
Rep. Raczkowski moved to amend the title to read as follows:
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 16f of chapter XVII (MCL 777.16f), as amended by 2000 PA 279.
The motion prevailed.
The House agreed to the title as amended.
Rep. Raczkowski moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Second Reading of Bills
House Bill No. 5846, entitled
A bill to amend 1968 PA 2, entitled "Uniform budgeting and accounting act," by amending sections 1, 2a, 2b, 2c, 2d, 4, 7, 8, 14, 15, 16, 17, 18, 19, and 20 (MCL 141.421, 141.422a, 141.422b, 141.422c, 141.422d, 141.424, 141.427, 141.428, 141.434, 141.435, 141.436, 141.437, 141.438, 141.439, and 141.440), sections 1 and 7 as amended by 1982 PA 451, sections 2b and 4 as amended by 1996 PA 439, section 2d as amended by 1999 PA 142, section 8 as amended by 1996 PA 400, section 15 as amended by 1981 PA 77, and sections 16 and 17 as amended by 1995 PA 41.
Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Local Government and Urban Policy,
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. 5846, entitled
A bill to amend 1968 PA 2, entitled "Uniform budgeting and accounting act," by amending sections 1, 2a, 2b, 2c, 2d, 4, 7, 8, 14, 15, 16, 17, 18, 19, and 20 (MCL 141.421, 141.422a, 141.422b, 141.422c, 141.422d, 141.424, 141.427, 141.428, 141.434, 141.435, 141.436, 141.437, 141.438, 141.439, and 141.440), sections 1 and 7 as amended by 1982 PA 451, sections 2b and 4 as amended by 1996 PA 439, section 2d as amended by 1999 PA 142, section 8 as amended by 1996 PA 400, section 15 as amended by 1981 PA 77, and sections 16 and 17 as amended by 1995 PA 41.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 921 Yeas--100
Allen Garcia LaForge Rivet
Basham Garza LaSata Rocca
Birkholz Geiger Law Sanborn
Bisbee Gieleghem Lemmons Schauer
Bishop Gilbert Lockwood Schermesser
Bovin Godchaux Mans Scott
Bradstreet Gosselin Martinez Scranton
Brater Hager Mead Shackleton
Brewer Hale Middaugh Sheltrown
Brown, B. Hanley Minore Shulman
Brown, C. Hansen Mortimer Spade
Byl Hart Neumann Stamas
Callahan Howell O'Neil Switalski
Cassis Jacobs Pappageorge Tabor
Caul Jamnick Patterson Tesanovich
Cherry Jansen Perricone Thomas
Clark, I. Jelinek Pestka Toy
Clarke, H. Jellema Price Van Woerkom
Daniels Johnson, Rick Prusi Vander Roest
DeHart Johnson, Ruth Pumford Vaughn
DeVuyst Julian Quarles Vear
DeWeese Koetje Reeves Voorhees
Ehardt Kowall Richardville Wojno
Faunce Kuipers Richner Woodward
Frank Kukuk Rison Woronchak
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.
Second Reading of Bills
House Bill No. 4552, entitled
A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," (MCL 600.101 to 600.9948) by adding chapter 50b.
Was read a second time, and the question being on the adoption of the proposed substitute (H-4) previously recommended by the Committee on Family and Civil Law,
The substitute (H-4) was adopted, a majority of the members serving voting therefor.
Reps. Shulman and Switalski moved to amend the bill as follows:
1. Amend page 2, line 18, after "AGREEMENT." by inserting "BEFORE ACCEPTING A WRITTEN ARBITRATION AGREEMENT UNDER THIS CHAPTER, THE COURT SHALL DISTRIBUTE INFORMATION TO EACH PARTY ABOUT DOMESTIC RELATIONS ARBITRATION. THE STATE COURT ADMINISTRATIVE OFFICE SHALL PREPARE THE INFORMATION THE COURT IS REQUIRED TO DISTRIBUTE UNDER THIS SECTION. THE INFORMATION SHALL INCLUDE AT LEAST ALL OF THE FOLLOWING:
(A) A STATEMENT THAT ARBITRATION IS BINDING.
(B) A STATEMENT THAT ARBITRATION MAY OR MAY NOT BE APPROPRIATE IN THE PARTY'S CASE.
(C) A STATEMENT THAT THE PARTY MAY CONSULT WITH AN ATTORNEY BEFORE ENTERING INTO THE ARBITRATION PROCESS OR CHOOSE TO BE REPRESENTED BY AN ATTORNEY THROUGHOUT THE ENTIRE PROCESS.
(D) INFORMATION ABOUT WHERE AND HOW TO OBTAIN LEGAL SERVICES IF THE PARTY CANNOT AFFORD AN ATTORNEY.".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Switalski 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. 4552, entitled
A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," (MCL 600.101 to 600.9948) by adding chapter 50b.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 922 Yeas--102
Allen Garcia LaForge Rison
Baird Garza LaSata Rivet
Basham Geiger Law Rocca
Birkholz Gieleghem Lemmons Sanborn
Bisbee Gilbert Lockwood Schauer
Bishop Godchaux Mans Schermesser
Bovin Gosselin Martinez Scott
Bradstreet Hager Mead Scranton
Brater Hale Middaugh Shackleton
Brewer Hanley Minore Sheltrown
Brown, B. Hansen Mortimer Shulman
Brown, C. Hart Neumann Spade
Byl Howell O'Neil Stamas
Callahan Jacobs Pappageorge Switalski
Cassis Jamnick Patterson Tabor
Caul Jansen Perricone Tesanovich
Cherry Jelinek Pestka Toy
Clark, I. Jellema Price Van Woerkom
Clarke, H. Johnson, Rick Prusi Vander Roest
Daniels Johnson, Ruth Pumford Vaughn
DeHart Julian Quarles Vear
DeVuyst Kilpatrick Raczkowski Voorhees
DeWeese Koetje Reeves Wojno
Ehardt Kowall Richardville Woodward
Faunce Kuipers Richner Woronchak
Frank Kukuk
Nays--0
In The Chair: Scranton
The House agreed to the title of the bill.
Second Reading of Bills
House Bill No. 4615, entitled
A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," (MCL 600.101 to 600.9948) by adding chapter 50b.
Was read a second time, and the question being on the adoption of the proposed substitute (H-4) previously recommended by the Committee on Family and Civil Law,
The substitute (H-4) was adopted, a majority of the members serving voting therefor.
Reps. Shulman and Switalski moved to amend the bill as follows:
1. Amend page 3, line 24, by striking out all of subsection (3) and inserting:
"(3) AN ARBITRATOR UNDER THIS CHAPTER RETAINS JURISDICTION TO CORRECT ERRORS OR OMISSIONS IN AN AWARD UNTIL THE COURT CONFIRMS THE AWARD. WITHIN 14 DAYS AFTER THE AWARD IS ISSUED, A PARTY TO THE ARBITRATION MAY FILE A MOTION TO CORRECT ERRORS OR OMISSIONS. THE OTHER PARTY TO THE ARBITRATION MAY RESPOND TO SUCH A MOTION WITHIN 14 DAYS AFTER THE MOTION IS FILED. THE ARBITRATOR SHALL ISSUE A DECISION ON THE MOTION WITHIN 14 DAYS AFTER RECEIPT OF A RESPONSE TO THE MOTION OR, IF A RESPONSE IS NOT FILED, WITHIN 14 DAYS AFTER EXPIRATION OF THE RESPONSE PERIOD.".
The motion prevailed and the amendment 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. 4615, entitled
A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," (MCL 600.101 to 600.9948) by adding chapter 50b.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 923 Yeas--102
Allen Garza LaSata Rivet
Baird Geiger Law Rocca
Basham Gieleghem Lemmons Sanborn
Birkholz Gilbert Lockwood Schauer
Bisbee Godchaux Mans Schermesser
Bishop Gosselin Martinez Scott
Bovin Hager Mead Scranton
Bradstreet Hale Middaugh Shackleton
Brater Hanley Minore Sheltrown
Brewer Hansen Mortimer Shulman
Brown, B. Hart Neumann Spade
Brown, C. Howell O'Neil Stamas
Callahan Jacobs Pappageorge Switalski
Cassis Jamnick Patterson Tabor
Caul Jansen Perricone Tesanovich
Cherry Jelinek Pestka Thomas
Clark, I. Jellema Price Toy
Clarke, H. Johnson, Rick Prusi Van Woerkom
Daniels Johnson, Ruth Pumford Vander Roest
DeHart Julian Quarles Vaughn
DeVuyst Kilpatrick Raczkowski Vear
DeWeese Koetje Reeves Voorhees
Ehardt Kowall Richardville Wojno
Faunce Kuipers Richner Woodward
Frank Kukuk Rison Woronchak
Garcia LaForge
Nays--0
In The Chair: Scranton
The House agreed to the title of the bill.
Second Reading of Bills
House Bill No. 5821, entitled
A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending section 260 (MCL 206.260), as amended by 1996 PA 484.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Tax Policy,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Cassis 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. 5821, entitled
A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending section 260 (MCL 206.260), as amended by 1996 PA 484.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 924 Yeas--101
Allen Garcia LaSata Rivet
Baird Geiger Law Rocca
Basham Gieleghem Lemmons Sanborn
Birkholz Gilbert Lockwood Schauer
Bisbee Godchaux Mans Schermesser
Bishop Gosselin Martinez Scott
Bovin Hager Mead Scranton
Bradstreet Hale Middaugh Shackleton
Brater Hanley Minore Sheltrown
Brewer Hansen Mortimer Shulman
Brown, B. Hart Neumann Spade
Brown, C. Howell O'Neil Stamas
Byl Jacobs Pappageorge Switalski
Callahan Jamnick Patterson Tabor
Cassis Jansen Perricone Tesanovich
Caul Jelinek Pestka Thomas
Cherry Jellema Price Toy
Clark, I. Johnson, Rick Prusi Van Woerkom
Clarke, H. Johnson, Ruth Pumford Vander Roest
Daniels Julian Quarles Vaughn
DeHart Koetje Raczkowski Vear
DeVuyst Kowall Reeves Voorhees
DeWeese Kuipers Richardville Wojno
Ehardt Kukuk Richner Woodward
Faunce LaForge Rison Woronchak
Frank
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.
Second Reading of Bills
House Bill No. 5996, entitled
A bill to name a certain portion of highway M-59 the "Korean War 50th Anniversary Memorial Highway"; and to prescribe certain duties of the state transportation department.
The bill was read a second time.
Rep. Scranton moved to substitute (H-1) the bill.
The motion prevailed and the substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Scranton moved to amend the bill as follows:
1. Amend page 1, line 6, after the first "the" by striking out "village" and inserting "township".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Scranton 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. 5996, entitled
A bill to name a certain portion of highway M-59 the "Korean War 50th Anniversary Memorial Highway"; and to prescribe certain duties of the state transportation department.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 925 Yeas--98
Allen Garcia Law Rivet
Baird Geiger Lemmons Rocca
Basham Gieleghem Lockwood Sanborn
Birkholz Gilbert Mans Schermesser
Bisbee Godchaux Martinez Scott
Bishop Gosselin Mead Scranton
Bovin Hager Middaugh Shackleton
Bradstreet Hale Minore Sheltrown
Brater Hansen Mortimer Shulman
Brewer Hart Neumann Spade
Brown, B. Howell O'Neil Stamas
Brown, C. Jacobs Pappageorge Switalski
Byl Jamnick Patterson Tabor
Callahan Jansen Perricone Tesanovich
Cassis Jelinek Pestka Thomas
Caul Jellema Price Toy
Cherry Johnson, Rick Prusi Van Woerkom
Clark, I. Johnson, Ruth Pumford Vander Roest
Clarke, H. Julian Quarles Vaughn
DeHart Koetje Raczkowski Vear
DeVuyst Kowall Reeves Voorhees
DeWeese Kuipers Richardville Wojno
Ehardt Kukuk Richner Woodward
Faunce LaForge Rison Woronchak
Frank LaSata
Nays--0
In The Chair: Scranton
The question being on agreeing to the title of the bill,
Rep. Raczkowski moved to amend the title to read as follows:
A bill to name a certain portion of highway M-59 and a certain portion of highway M-36 the "Korean War 50th Anniversary Memorial Highway"; and to prescribe certain duties of the state transportation department.
The motion prevailed.
The House agreed to the title as amended.
Rep. Raczkowski moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Second Reading of Bills
House Bill No. 5958, entitled
A bill to amend 1980 PA 350, entitled "The nonprofit health care corporation reform act," by amending section 402c (MCL 550.1402c), as added by 1999 PA 228.
The bill was read a second time.
Rep. Law 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. 5958, entitled
A bill to amend 1980 PA 350, entitled "The nonprofit health care corporation reform act," by amending section 402c (MCL 550.1402c), as added by 1999 PA 228.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 926 Yeas--100
Allen Garcia LaForge Rivet
Baird Garza LaSata Rocca
Basham Geiger Law Sanborn
Birkholz Gieleghem Lemmons Schauer
Bisbee Gilbert Lockwood Schermesser
Bishop Godchaux Mans Scott
Bovin Gosselin Martinez Scranton
Bradstreet Hager Mead Shackleton
Brater Hale Middaugh Sheltrown
Brewer Hanley Minore Shulman
Brown, B. Hansen Mortimer Spade
Brown, C. Hart Neumann Stamas
Byl Howell O'Neil Switalski
Callahan Jacobs Pappageorge Tabor
Cassis Jamnick Patterson Tesanovich
Caul Jansen Pestka Thomas
Cherry Jelinek Price Toy
Clark, I. Jellema Prusi Van Woerkom
Clarke, H. Johnson, Rick Pumford Vander Roest
DeHart Johnson, Ruth Quarles Vaughn
DeVuyst Julian Raczkowski Vear
DeWeese Koetje Reeves Voorhees
Ehardt Kowall Richardville Wojno
Faunce Kuipers Richner Woodward
Frank Kukuk Rison Woronchak
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.
Second Reading of Bills
House Bill No. 5959, entitled
A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending section 2212b (MCL 500.2212b), as added by 1999 PA 230.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Health Policy,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Law 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. 5959, entitled
A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending section 2212b (MCL 500.2212b), as added by 1999 PA 230.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 927 Yeas--101
Allen Garcia Kukuk Rivet
Baird Garza LaForge Rocca
Basham Geiger LaSata Sanborn
Birkholz Gieleghem Law Schauer
Bisbee Gilbert Lemmons Schermesser
Bishop Godchaux Lockwood Scott
Bovin Gosselin Mans Scranton
Bradstreet Hager Martinez Shackleton
Brater Hale Mead Sheltrown
Brewer Hanley Middaugh Shulman
Brown, B. Hansen Minore Spade
Brown, C. Hart Mortimer Stamas
Byl Howell Neumann Switalski
Callahan Jacobs O'Neil Tabor
Cassis Jamnick Pappageorge Tesanovich
Caul Jansen Patterson Thomas
Cherry Jelinek Pestka Toy
Clark, I. Jellema Price Van Woerkom
Clarke, H. Johnson, Rick Prusi Vander Roest
Daniels Johnson, Ruth Pumford Vaughn
DeHart Julian Raczkowski Vear
DeVuyst Kilpatrick Reeves Voorhees
DeWeese Koetje Richardville Wojno
Ehardt Kowall Richner Woodward
Faunce Kuipers Rison Woronchak
Frank
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. Vander Roest moved that Rep. Perricone be excused from the balance of today's session.
The motion prevailed.
By unanimous consent the House returned to the order of
Motions and Resolutions
By unanimous consent the House considered House Concurrent Resolution No. 120 out of numerical order.
Reps. Raczkowski and Kilpatrick offered the following concurrent resolution:
House Concurrent Resolution No. 120.
A concurrent resolution prescribing the legislative schedule.
Resolved by the House of Representatives (the Senate concurring), That when the House of Representatives adjourns on Wednesday, October 4, 2000, it stand adjourned until Thursday, November 9, 2000, at 12:00 Noon; and be it further
Resolved, That when the Senate adjourns on Thursday, October 5, 2000, it stand adjourned until Thursday, November 9, 2000, at 12:00 Noon.
Pending the reference of the concurrent resolution to a committee,
Rep. Raczkowski moved that Rule 77 be suspended and the concurrent 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 concurrent resolution,
The concurrent resolution was adopted.
______
Rep. Raczkowski moved that when the House adjourns today it stand adjourned until Thursday, November 9, at 12:00 Noon.
The motion prevailed.
Rep. Raczkowski moved that pursuant to House Rule 20, the Clerk of the House be authorized to enroll House bills while the House is not in session.
The motion prevailed.
Reps. Rocca, Faunce, Wojno, Howell, Mead, DeRossett, Kilpatrick, Spade, Hansen, Ehardt, Vander Roest, Caul, Lemmons, Jamnick, Callahan, Sanborn, Jacobs, Woodward, Cherry, Raczkowski, Koetje, Neumann, Julian, Gosselin, Frank, Birkholz, Prusi, Lockwood, Schermesser, Dennis, Gieleghem, Bovin, DeHart, Cassis, Voorhees, Schauer, Bogardus, Hager, Van Woerkom, Garcia, Scranton, Thomas, Scott, Hale, LaSata, Bishop, Toy and Brater offered the following resolution:
House Resolution No. 412.
A resolution congratulating the Henry Ford II Falcon Marching Band upon its participation in the Orange Bowl Parade 2000.
Whereas, It is with great pleasure that we extend congratulations and praise to the Henry Ford II Falcon Marching Band on its participation in the prestigious Orange Bowl Parade on New Years Eve, 2000. Indeed, the young people of this talented group are sterling representatives of the Great Lake State, and we are so proud of their achievement; and
Whereas, The members of Henry Ford II Falcon Marching Band have their sights on attaining national recognition, and are known for their perfection. Their membership is well aware that the true formula for success includes composure and determination to go along with their willingness to work hard. With these skills, they will likely attain success in anything they pursue in the years to come; and
Whereas, The selection of the Henry Ford II Falcon Marching Band is an honor for the band members, the director, Rick Nitterhouse, and the entire community. The combined talents of these young people, coupled with the dynamic leadership and guidance of their director, have earned them a reputation for excellence; and
Whereas, The Falcon Marching Band has a long history of spectacular achievement. The half-time show at the Blue Bonnet Bowl, the Holiday Bowl, and the Hall of Fame Bowl, in addition to the Cotton Bowl Parade, the Holiday Bowl, the Hall of Fame Bowl, the Tournament of Roses Parade, and Michigan's own Thanksgiving Day Parade; and
Whereas, The Falcon Marching Band has performed flawlessly for Presidents Ronald Reagan, George Bush and Bill Clinton. We encourage them to keep up the great work; now, therefore, be it
Resolved by the House of Representatives, That the highest accolade of tribute be hereby bestowed upon the members of the Henry Ford II Falcon Marching Band in honor and recognition of their participation in the Orange Bowl Parade; and be it further
Resolved, That a copy of this document be presented to the band and its director, Rick Nitterhouse, as a token 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. Schauer, Howell, Faunce, Kilpatrick, Spade, Hansen, Ehardt, Vander Roest, Caul, Lemmons, Jamnick, Jacobs, Woodward, Cherry, Wojno, Minore, Koetje, Neumann, Julian, Birkholz, Prusi, Lockwood, Schermesser, Dennis, Gieleghem, Bovin, DeHart, Hanley, Voorhees, LaForge, Bogardus, Hager, Van Woerkom, Garcia, Rivet, Sheltrown, Scranton, Garza, Thomas, Scott, Hale, Clark, Bishop and Brater offered the following resolution:
House Resolution No. 413.
A resolution to memorialize the Michigan Battle Cats, the Battle Creek-based affiliate of the Houston Astros, on winning the 2000 Midwest League Baseball Title.
Whereas, The Michigan Battle Cats eliminated the Ft. Wayne Wizards and the Dayton Dragons on their way to the championship series against the Beloit (Wisconsin) Snappers; and
Whereas, The Michigan Battle Cats won the Midwest League Crown in convincing fashion with a three game sweep over the Beloit Snappers; and
Whereas, The Michigan Battle Cats finished the season with the league's best second half record of 48-22 and a second-best overall mark of 82-56. Add in a 7-1 playoff record and the team actually won 89 games during the 2000 Midwest League baseball season a .610 winning percentage; and
Whereas, The Michigan Battle Cats roster consisted of: Manager Al Pedrique; Coach Gregg Langbehn; Pitching Coach Charlie Taylor; Hitting Coach Jayhawk Owens; Trainer Jamey Snodgrass; as well as pitchers Travis Anderson, Ryan Fitzgerald, Mike Gallo, Chris George, Carlos Hernandez, Ryan Jamison, Lescano Lima, Darwin Peguero, Nick Roberts, Rodrigo Rosario, Derek Stanford, Robert Stiehl, Don Thomas, and Luis Vasquez; catchers John Buck, Danny Fatheree, and Brian O'Connor; infielders Luis Dominguez, Jonathan Helquist, Jason Lane, Jason Maule, Johan Maya, Donaldo Mendez, and Brian Schmitt; and outfielders Michael Hill, Derek Nicholson, Jon Topolski, and Alejandro Vasquez; now, therefore, be it
Resolved by the House of Representatives, That we recognize and congratulate the Michigan Battle Cats for winning the 2000 Midwest League Baseball Championship; and be it further
Resolved, That copies of this resolution be transmitted to the owners, management, coaches, and players on their great accomplishment.
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. Brater, Minore, DeHart, Garza, LaForge, Callahan, Martinez, Dennis, Jacobs, Scott, Gieleghem, Jamnick, Richner, DeRossett, Hansen, Caul, Lemmons, Woodward, Cherry, Wojno, Neumann, Julian, Hardman, Prusi, Schermesser, Hanley, Schauer, Bogardus, Richardville, Hager, Rivet, Thomas, Hale and Clark offered the following resolution:
House Resolution No. 414.
A resolution to support the United States Environmental Protection Agency recommendations to regulate mercury under the federal Clean Air Act.
Whereas, Over the past several years, the EPA has been studying the issues of coal-fired utility emissions and mercury contamination. The agency has made preliminary determinations that it will soon be recommending that mercury be regulated under the provisions of the federal Clean Air Act. This move reflects the concern of health officials and public and private entities over the threat that mercury exposure represents to air, soil, and water. Michigan's Department of Environmental Quality has urged the EPA to regulate mercury under the Clean Air Act; and
Whereas, As a toxic metal with accumulative properties, mercury is the key factor behind fish consumption advisories throughout the waters of the Great Lakes and many inland lakes and streams. While this material has numerous productive uses, mercury that escapes through wastes and through combustion, especially from the burning of coal, takes a significant toll on our fragile environment and jeopardizes public health; and
Whereas, Michigan has worked hard to minimize the spread of mercury. Our state's largest utilities have made important progress in reducing mercury emissions. However, these efforts are frustrated by inequity in the efforts of other states to reduce mercury. The determination of the EPA to regulate mercury under the Clean Air Act is a much-needed step; now, therefore, be it
Resolved by the House of Representatives, That we support the United States Environmental Protection Agency recommendations to regulate mercury under the federal Clean Air Act; and be it further
Resolved, That copies of this resolution be transmitted to the United States Environmental Protection Agency.
The resolution was referred to the Committee on Conservation and Outdoor Recreation.
Reps. Bob Brown, DeRossett, Kilpatrick, Spade, Hansen, Ehardt, Vander Roest, Caul, Lemmons, Jamnick, Jacobs, Woodward, Cherry, Wojno, Minore, Koetje, Neumann, Tabor, Hardman, Frank, Birkholz, Prusi, Lockwood, Schermesser, Dennis, Gieleghem, Bovin, DeHart, Hanley, Cassis, Voorhees, LaForge, Schauer, Bogardus, Richardville, Hager, Van Woerkom, Garcia, Rivet, Sheltrown, Scranton, Thomas, Scott, Martinez, Hale, Clark, Middaugh, LaSata, Bishop, Toy and Brater offered the following resolution:
House Resolution No. 415.
A resolution recognizing October as National Lupus Awareness Month.
Whereas, The Lupus Foundation of America has declared the month of October as National Lupus Awareness Month; and
Whereas, The Lupus Foundation, a voluntary health organization, stands dedicated to improving the quality of life for Lupus patients through educating victims, families of victims, and the general public of the disease's ramifications, services available for patients, and of the need for research to find additional treatments and a cure; and
Whereas, Lupus is an often life-threatening, chronic disorder where the immune system forms antibodies that attack healthy tissues and organs, for which there is not a cure; and
Whereas, Lupus can be difficult to diagnose as the symptoms come and go and mimic many other illnesses; and
Whereas, Lupus is more prevalent than AIDS, sickle-cell anemia, cerebral palsy, multiple sclerosis, and cystic fibrosis combined; and
Whereas, Michigan is home to many citizens afflicted with Lupus, including the second youngest child in the nation to be diagnosed; now, therefore, be it
Resolved by the House of Representatives, That the members of this legislative body do hereby proclaim October as Michigan Lupus Awareness Month in conjunction with National Lupus Awareness Month; and be it further
Resolved, That a copy of this resolution be transmitted to the Lupus foundation 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. Brater, Howell, Mead, DeRossett, Kilpatrick, Spade, Hansen, Ehardt, Vander Roest, Caul, Lemmons, Jamnick, Jacobs, Woodward, Cherry, Wojno, Minore, Koetje, Neumann, Julian, Hardman, Frank, Prusi, Lockwood, Schermesser, Dennis, Gieleghem, Bovin, DeHart, Hanley, Cassis, LaForge, Schauer, Bogardus, Richardville, Hager, Van Woerkom, Garcia, Jellema, Rivet, Scranton, Garza, Thomas, Scott, Martinez, Hale, Clark, LaSata, Bishop and Toy offered the following resolution:
House Resolution No. 416.
A resolution honoring the University of Michigan Medical School Sesquicentennial 1850-2000.
Whereas, The University of Michigan Medical School was established in 1848 and graduated its first class of medical students in 1851; and
Whereas, The University of Michigan has made significant contributions to medical education, research, and health care over the past century and a half, including the establishment of the first university owned teaching hospital in 1869, the enrollment of women and African- American medical students in the 1870s, the development of iodized table salt as a goiter preventive, early advances in electrocardiography, the first thoracic surgery section and introduction of thoracoplasty for tuberculosis, the development and progressive application of extracorporeal life support, the discovery of the gene for cystic fibrosis, and the investigation of gene therapies for cardiovascular diseases and muscular dystrophies; and
Whereas, The University of Michigan Medical School designed a clinical teaching program that became a model for medical schools in the United States; and
Whereas, The University of Michigan Medical School faculty and graduates have developed advances that improve the quality of life for residents of Michigan, the nation, and beyond; and
Whereas, The Medical School was the University of Michigan's first professional school and has awarded over 18,000 Doctor of Medical degrees in the past 150 years, as well as educated thousands of medical residents and biomedical researchers; and
Whereas, The University of Michigan Medical School is recognized as a definitive site for state-of-the-art research, innovative medical education, and pioneering clinical care; now, therefore, be it
Resolved by the House of Representatives, That the members of this legislative body congratulate the University of Michigan Medical School upon the occasion of its sesquicentennial; and be it further
Resolved, That a copy of this resolution be transmitted to the University of Michigan Medical School 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. Neumann, Howell, DeRossett, Kilpatrick, Spade, Hansen, Ehardt, Caul, Lemmons, Jamnick, Jacobs, Woodward, Cherry, Wojno, Koetje, Frank, Prusi, Lockwood, Schermesser, Dennis, Gieleghem, Bovin, DeHart, Hanley, LaForge, Schauer, Bogardus, Hager, Garcia, Rivet, Sheltrown, Thomas, Scott, Martinez, Hale, Clark and Brater offered the following resolution:
House Resolution No. 417.
A resolution proclaiming the last week of April each year be designated as Springtime Splendor Week in Michigan.
Whereas, This is an appropriate designation, which can be widely promoted to draw attention to the outstanding recreational and tourism opportunities available throughout Michigan during this sometimes overlooked season; and
Whereas, The best fishing in Michigan is generally the spring season in our many streams, rivers, and lakes. In addition, the opening of trout season is the last Saturday in April; and
Whereas, Our beautiful forests are coming to life with new growth of wild flowers, the world famous morel mushrooms, and baby animals reaching maturity with the woodlands. It is an exhilarating season for nature lovers and worth the experience for new guests; and
Whereas, Michigan currently boasts many world-class golf courses. These courses are playable in April and May, complimented by perfect weather, lack of bugs, and available tee times at exceptionally low rates; and
Whereas, Our tourist economy needs help in the spring as many businesses struggle to keep key employees on the payroll. Drawing attention to our many attractions so close to home will educate the cabin fever sufferers and tourists looking for an economical get away for individuals, the entire family, and groups; and
Whereas, Many communities already celebrate festivals and events during the springtime. This resolution will help draw attention to those exciting activities and encourage other communities to initiate festivals and events at a time when volunteer help is more readily available and businesses are in need; now, therefore, be it
Resolved by the House of Representatives, That the last week of April each year be designated Springtime Splendor Week in Michigan.
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. DeWeese, Howell, Mead, Faunce, DeRossett, Kilpatrick, Spade, Hansen, Ehardt, Vander Roest, Caul, Lemmons, Jamnick, Sanborn, Jacobs, Woodward, Cherry, Wojno, Raczkowski, Koetje, Neumann, Julian, Gosselin, Tabor, Hardman, Frank, Birkholz, Prusi, Lockwood, Schermesser, Gieleghem, Bovin, DeHart, Hanley, Cassis, Voorhees, Schauer, Bogardus, Richardville, Hager, Van Woerkom, Garcia, Jellema, Scranton, Thomas, Scott, Martinez, Hale, LaSata, Bishop, Toy, Brater and Shulman offered the following resolution:
House Resolution No. 418.
A resolution to congratulate Michigan State University for its efforts to increase alcohol education and to challenge the environment of high risk drinking for its student population.
Whereas, The week of October 16-20, 2000 has been declared National Collegiate Alcohol Awareness Week. The Michigan House of Representatives recognizes Michigan State University for its efforts to increase alcohol education and to challenge the environment of high risk drinking for its student population; and
Whereas, Harmful consequences of high risk drinking on college campuses have recently entered into the public spotlight. Michigan State University has been pro-active in developing innovative programs to serve its student population and educate them on the consequences of drug and alcohol use; and
Whereas, Michigan State University has launched an innovative Alcohol Education and Awareness website which was developed through the cooperative efforts of Michigan State University alumni Tim Mather and Dr. Gus Lo, Michigan State University's Office of the Provost, and Olin Health Center's Health Education Services. The website host, Dr. Lo, highlights the medical and physiological facts concerning alcohol, teaches students the importance of reducing alcohol consumption, and allows students to take an Alcohol Abuse self-test; and
Whereas, Michigan State University has worked in a collaborative effort to create the Action Team plan, which initiated the Challenging the Environment of High Risk Drinking report. Campus endeavors have included collaborations between Olin Health Center, Office of the Provost, the Athletic Department, the Counseling Center, the Department of Police and Public Safety, Greek Life, Residence Life, and the Department of Student Life. Greater community outreach includes the Responsible Health Council, the B.R.A.D. Foundation, and the Michigan Department of Community Health; and
Whereas, Michigan State University's Action Team has created the following initiatives: a social norming campaign giving students the facts about alcohol, alcohol poisoning awareness cards, the B.R.A.D. Foundation's 21st birthday cards and decision making vignette video guide, and a Campus Center that provides late night and weekend entertainment; now, therefore, be it
Resolved by the House of Representatives, That Michigan State University has made great strides in recent years to increase alcohol awareness and education. We commend the university for its leadership and efforts in this critical area; and be it further
Resolved, That a copy of this resolution be forwarded to Peter McPherson, President of Michigan State University; LouAnn Simon, Provost of Michigan State University and Glynda Moorer, Director of Olin Health Center, as evidence of our acclamation.
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. Brater, Minore, DeHart, Schermesser, Garza, LaForge, Callahan, Martinez, Dennis, Jacobs, Scott, Gieleghem, Jamnick, Hansen, Caul, Lemmons, Woodward, Cherry, Wojno, Neumann, Julian, Hardman, Prusi, Hanley, Schauer, Bogardus, Richardville, Hager, Thomas, Hale and Clark offered the following concurrent resolution:
House Concurrent Resolution No. 119.
A concurrent resolution to support the United States Environmental Protection Agency recommendations to regulate mercury under the federal Clean Air Act.
Whereas, Over the past several years, the EPA has been studying the issues of coal-fired utility emissions and mercury contamination. The agency has made preliminary determinations that it will soon be recommending that mercury be regulated under the provisions of the federal Clean Air Act. This move reflects the concern of health officials and public and private entities over the threat that mercury exposure represents to air, soil, and water. Michigan's Department of Environmental Quality has urged the EPA to regulate mercury under the Clean Air Act; and
Whereas, As a toxic metal with accumulative properties, mercury is the key factor behind fish consumption advisories throughout the waters of the Great Lakes and many inland lakes and streams. While this material has numerous productive uses, mercury that escapes through wastes and through combustion, especially from the burning of coal, takes a significant toll on our fragile environment and jeopardizes public health; and
Whereas, Michigan has worked hard to minimize the spread of mercury. Our state's largest utilities have made important progress in reducing mercury emissions. However, these efforts are frustrated by inequity in the efforts of other states to reduce mercury. The determination of the EPA to regulate mercury under the Clean Air Act is a much-needed step; now, therefore, be it
Resolved by the House of Representatives (the Senate concurring), That we support the United States Environmental Protection Agency recommendations to regulate mercury under the federal Clean Air Act; and be it further
Resolved, That copies of this concurrent resolution be transmitted to the United States Environmental Protection Agency.
The concurrent resolution was referred to the Committee on Conservation and Outdoor Recreation.
Announcement by the Clerk of Printing and Enrollment
The Clerk announced that the following bill had been printed and placed upon the files of the members, Thursday, September 28:
Senate Bill No. 1410
The Clerk announced that the following bill had been printed and placed upon the files of the members, Friday, September 29:
Senate Bill No. 1375
The Clerk announced that the following bills had been printed and placed upon the files of the members, Monday, October 2:
Senate Bill Nos. 1383 1384 1394 1395 1396 1397 1398 1399 1400 1401 1402 1403 1404 1405 1406 1407 1408 1409
The Clerk announced that the following bills had been printed and placed upon the files of the members, Wednesday, October 4:
House Bill Nos. 6063 6064
The Clerk announced that the following Senate bills had been received on Wednesday, October 4:
Senate Bill Nos. 1300 1364
By unanimous consent the House returned to the order of
Reports of Standing Committees
The Committee on Insurance and Financial Services, by Rep. Sanborn, Chair, reported
House Bill No. 5907, entitled
A bill to amend 1996 PA 354, entitled "Savings bank act," by amending sections 102 and 103 (MCL 487.3102 and 487.3103).
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 5907 To Report Out:
Yeas: Reps. Sanborn, Bisbee, Ehardt, Hager, Rick Johnson, Julian, Law, Shackleton, Van Woerkom, Wojno, Basham, Bob Brown, Clark, Daniels, Hale, O'Neil, Scott, Thomas,
Nays: None.
The Committee on Insurance and Financial Services, by Rep. Sanborn, Chair, reported
House Bill No. 5908, entitled
A bill to amend 1996 PA 354, entitled "Savings bank act," by amending sections 209, 210, 213, and 214 (MCL 487.3209, 487.3210, 487.3213, and 487.3214).
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 5908 To Report Out:
Yeas: Reps. Sanborn, Bisbee, Ehardt, Hager, Rick Johnson, Julian, Law, Shackleton, Van Woerkom, Wojno, Basham, Bob Brown, Clark, Daniels, Hale, O'Neil, Scott, Thomas,
Nays: None.
The Committee on Insurance and Financial Services, by Rep. Sanborn, Chair, reported
House Bill No. 5909, entitled
A bill to amend 1996 PA 354, entitled "Savings bank act," by amending sections 303, 307, 313, 314, 316, 317, 321, 322, 324, 325, 326, 334, 335, 336, 401, 409, 412, 413, 417, 422, 428, 430, 432, 508, 701, 703, 705, 706, 708, 709, 710, 711, 712, 713, and 804 (MCL 487.3303, 487.3307, 487.3313, 487.3314, 487.3316, 487.3317, 487.3321, 487.3322, 487.3324, 487.3325, 487.3326, 487.3334, 487.3335, 487.3336, 487.3401, 487.3409, 487.3412, 487.3413, 487.3417, 487.3422, 487.3428, 487.3430, 487.3432, 487.3508, 487.3701, 487.3703, 487.3705, 487.3706, 487.3708, 487.3709, 487.3710, 487.3711, 487.3712, 487.3713, and 487.3804), section 401 as amended by 1996 PA 422, section 422 as amended by 2000 PA 63, and section 508 as amended by 1997 PA 50, and by adding sections 330a, 340, 501, 711a, and 712a; and to repeal acts and parts of acts.
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 5909 To Report Out:
Yeas: Reps. Sanborn, Bisbee, Ehardt, Hager, Rick Johnson, Julian, Law, Shackleton, Van Woerkom, Wojno, Basham, Bob Brown, Clark, Daniels, Hale, O'Neil, Scott, Thomas,
Nays: None.
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Sanborn, Chair of the Committee on Insurance and Financial Services, was received and read:
Meeting held on: Wednesday, October 4, 2000, at 9:00 a.m.,
Present: Reps. Sanborn, Bisbee, Ehardt, Hager, Rick Johnson, Julian, Law, Shackleton, Van Woerkom, Wojno, Basham, Bob Brown, Clark, Daniels, Hale, O'Neil, Scott, Thomas,
Absent: Reps. Bishop, DeVuyst, Richner,
Excused: Reps. Bishop, DeVuyst, Richner.
The Committee on Transportation, by Rep. Gilbert, Vice-Chair, reported
House Bill No. 5940, 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 18 (MCL 224.18), as amended by 1996 PA 218.
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 5940 To Report Out:
Yeas: Reps. Rick Johnson, Gilbert, DeVuyst, Garcia, Hart, Ruth Johnson, Middaugh, Patterson, Shackleton, Tabor, Lemmons,
Nays: None.
The Committee on Transportation, by Rep. Gilbert, Vice-Chair, reported
House Bill No. 6031, entitled
A bill to designate highway M-109 located in Leelanau county as the "D.H. Day Highway"; and to prescribe the duties of the state transportation department.
With the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
HB 6031 To Report Out:
Yeas: Reps. Gilbert, Ruth Johnson, Middaugh, Patterson, Shackleton, Kilpatrick, Brewer, Jamnick, Lemmons,
Nays: None.
The Committee on Transportation, by Rep. Gilbert, Vice-Chair, reported
Senate Bill No. 906, entitled
A bill to amend 1974 PA 300, entitled "Motor vehicle service and repair act," by amending section 10 (MCL 257.1310).
With the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
SB 906 To Report Out:
Yeas: Reps. Gilbert, DeVuyst, Ruth Johnson, Middaugh, Patterson, Shackleton, Kilpatrick, Brewer, Jamnick, Lemmons,
Nays: None.
The Committee on Transportation, by Rep. Gilbert, Vice-Chair, reported
Senate Bill No. 1324, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 244 (MCL 257.244), as amended by 1992 PA 306.
With the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
SB 1324 To Report Out:
Yeas: Reps. Rick Johnson, Gilbert, DeVuyst, Hart, Middaugh, Patterson, Shackleton, Kilpatrick, Bovin, Brewer, Jamnick, Lemmons, Reeves,
Nays: None.
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Gilbert, Vice-Chair of the Committee on Transportation, was received and read:
Meeting held on: Wednesday, October 4, 2000, at 9:30 a.m.,
Present: Reps. Rick Johnson, Gilbert, DeVuyst, Garcia, Hart, Ruth Johnson, Middaugh, Patterson, Shackleton, Tabor, Kilpatrick, Bovin, Brewer, Jamnick, Lemmons, Reeves, Schermesser.
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Middaugh, Chair of the Committee on Energy and Technology, was received and read:
Meeting held on: Tuesday, October 3, 2000, at 8:30 a.m.,
Present: Reps. Middaugh, Bradstreet, Birkholz, Bisbee, Cassis, Garcia, Gosselin, Howell, Kowall, Shulman, Thomas, Bob Brown, Daniels, Hansen, Lemmons, Neumann, Quarles, Schauer, Woodward,
Absent: Reps. Kuipers, Richardville,
Excused: Reps. Kuipers, Richardville.
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. DeVuyst, Chair of the Committee on Conservation and Outdoor Recreation, was received and read:
Meeting held on: Wednesday, October 4, 2000, at 8:00 a.m.,
Present: Reps. DeVuyst, Tabor, DeRossett, Allen, Green, Kowall, Middaugh, Patterson, Sanborn, Callahan, Basham, Brater, Gieleghem, Sheltrown,
Absent: Rep. Mans,
Excused: Rep. Mans.
Messages from the Senate
House Bill No. 5754, entitled
A bill to amend 1965 PA 314, entitled "Public employee retirement system investment act," by amending sections 12b, 12c, 12d, 13, 13a, 14, 16, 17, 19, 20a, 20c, 20d, and 20e (MCL 38.1132b, 38.1132c, 38.1132d, 38.1133, 38.1133a, 38.1134, 38.1136, 38.1137, 38.1139, 38.1140a, 38.1140c, 38.1140d, and 38.1140e), sections 12b, 12c, and 12d as added and sections 13, 14, 16, 17, 19, 20a, 20d, and 20e as amended by 1996 PA 485, section 13a as added by 1998 PA 343, and section 20c as amended by 1997 PA 42; and to repeal acts and parts of acts.
The 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. 5803, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending section 20175 (MCL 333.20175), as amended by 1993 PA 79.
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.
Senate Bill No. 1243, entitled
A bill to amend 1949 PA 300, entitled "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 and grant programs; to provide for the appropriation of money for certain grant programs; 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." by amending sections 217, 222, and 251 (MCL 257.217, 257.222, and 257.251), section 217 as amended by 1998 PA 247, section 222 as amended by 1999 PA 267, and section 251 as amended by 1998 PA 455.
The Senate has amended the House amendments as follows:
1. Amend House Amendment No. 2, page 2, line 19, after "after" by striking out ""state;" by inserting "EXCEPT FOR A VEHICLE" and inserting ""state" by striking out the semicolon and inserting a comma and "UNLESS THE VEHICLE IS".
2. Amend House Amendment No. 5, page 10, line 10, after "after" by striking out ""state;" by inserting "EXCEPT FOR A VEHICLE" and inserting ""state" by striking out the semicolon and inserting a comma and "UNLESS THE VEHICLE IS".
3. Amend House Amendment No. 7, page 12, line 8, after "inserting" by striking out "a semicolon and "EXCEPT FOR A VEHICLE" and inserting "a comma and "UNLESS THE VEHICLE IS".
The Senate has concurred in the House amendments as amended, ordered that it given immediate effect and agreed to the full title.
The Speaker announced that pursuant to Rule 45, the bill was laid over one day.
Senate Bill No. 1300, entitled
A bill to amend 1975 PA 228, entitled "Single business tax act," by amending section 7 (MCL 208.7), as amended by 1982 PA 376.
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. 1364, entitled
A bill to amend 1945 PA 327, entitled "Aeronautics code of the state of Michigan," by amending section 203 (MCL 259.203).
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Transportation.
Senate Concurrent Resolution No. 43.
A concurrent resolution to memorialize the President and the Congress of the United States to support the addition of Estonia, Latvia, and Lithuania into the North Atlantic Treaty Organization.
Whereas, For more than fifty years, the North Atlantic Treaty Organization (NATO) has played a pivotal role in promoting stability and peace in Europe. This highly successful venture is predicated on the commitment of its member nations to ideals that closely parallel the precepts of democracy, internationally recognized human rights, and civilian control of the military that are fundamental to the United States; and
Whereas, Since its establishment, NATO has gradually expanded its membership to reflect the changing face of Europe. Countries that have joined this alliance have shared the same commitment to the long-term strength and stability of the region that is vital to our nation and the world. The most recent additions have in common the peaceful transition to a free-market economy after long years under the yoke of Communism; and
Whereas, The Baltic nations of Latvia, Estonia, and Lithuania have clearly demonstrated the principles of NATO. These three countries, each with strong dedication to peace and exemplary records of resisting oppression, have a great deal to contribute to the alliance. Latvia, Estonia, and Lithuania have set examples of the ideals of freedom through their institutions and cultures. The addition of these nations to NATO will only make more secure the bonds of peace and democracy; now, therefore, be it
Resolved by the Senate (the House of Representatives concurring), That we memorialize the President and the Congress of the United States to support the addition of Estonia, Latvia, and Lithuania into the North Atlantic Treaty Organization; and be it further
Resolved, That copies of this concurrent resolution be transmitted to the Office of the President of the United States, the President of the United States Senate, the Speaker of the United States House of Representatives, and the members of the Michigan congressional delegation.
The Senate has adopted the concurrent resolution.
The concurrent resolution was referred to the Committee on House Oversight and Operations.
Notices
I hereby give notice that on the next legislative session day I will move to discharge the Committee on Transportation from further consideration of House Bill No. 5809.
Rep. Kelly
I hereby give notice that on the next legislative session day I will move to discharge the Committee on Transportation from further consideration of House Bill No. 5894.
Rep. Kelly
Communications from State Officers
The following communications from the Secretary of State were received and read:
Notices of Filing
Administrative Rules
September 1, 2000
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 2:25 P.M. this date, administrative rule (00-09-01) for the Department of Environmental Quality, Waste Management Division, entitled "Hazardous Waste Management", effective 7 days hereafter.
September 20, 2000
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 11:15 A.M. this date, administrative rule (00-09-02) for the Department of Consumer and Industry Services, Division of Child Welfare Licensing, entitled "Foster Family Homes and Foster Family Group Homes", effective January 1, 2001
September 20, 2000
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 11:20 A.M. this date, administrative rule (00-09-03) for the Department of Consumer and Industry Services, Division of Child Welfare Licensing, entitled "Child Placing Agencies", effective January 1, 2001.
September 20, 2000
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 11:25 A.M. this date, administrative rule (00-09-04) for the Department of Consumer and Industry Services, Division of Child Welfare Licensing, entitled "Children's and Adult Foster Care Camps", effective January 1, 2001.
September 20, 2000
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 11:30 A.M. this date, administrative rule (00-09-05) for the Department of Consumer and Industry Services, Bureau of Workers' Disability Compensation, entitled "Bureau of Workers' Disability Compensation", effective 30 days after filing with the Secretary of State.
September 20, 2000
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 11:33 A.M. this date, administrative rule (00-09-06) for the Department of Consumer and Industry Services, Director's Office, entitled "Personal Protective Equipment", effective 7 days after filing with the Secretary of State.
September 20, 2000
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 11:35 A.M. this date, administrative rule (00-09-07) for the Department of Consumer and Industry Services, Director's Office, entitled "Noise Exposure for Construction", effective 15 days after filing with the Secretary of State.
September 20, 2000
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 11:38 A.M. this date, administrative rule (00-09-08) for the Department of Consumer and Industry Services, Director's Office, entitled "Powered Industrial Trucks", effective 7 days after filing with the Secretary of State.
Sincerely,
Candice S. Miller
Secretary of State
Elena L. Beasley, Supervisor
Office of the Great Seal
The communications were referred to the Clerk.
Introduction of Bills
Reps. DeHart, Scranton, Schermesser and Schauer introduced
House Bill No. 6070, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 24 of chapter VII (MCL 767.24), as amended by 1987 PA 255.
The bill was read a first time by its title and referred to the Committee on Criminal Law and Corrections.
Rep. DeHart introduced
House Bill No. 6071, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 303 (MCL 257.303), as amended by 1999 PA 73.
The bill was read a first time by its title and referred to the Committee on Transportation.
Rep. Bovin introduced
House Bill No. 6072, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 801 (MCL 257.801), as amended by 2000 PA 82.
The bill was read a first time by its title and referred to the Committee on Transportation.
Rep. DeWeese introduced
House Bill No. 6073, entitled
A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 231 (MCL 750.231), as amended by 1998 PA 510.
The bill was read a first time by its title and referred to the Committee on Constitutional Law and Ethics.
Rep. DeWeese introduced
House Bill No. 6074, entitled
A bill to amend 1954 PA 116, entitled "Michigan election law," by amending sections 758, 759, and 759b (MCL 168.758, 168.759, and 168.759b), section 758 as amended by 1996 PA 207 and section 759 as amended by 1995 PA 261.
The bill was read a first time by its title and referred to the Committee on Constitutional Law and Ethics.
Reps. Woodward, Jacobs, Wojno, Hansen, Switalski, Bogardus, Dennis, Minore, Gieleghem, Quarles and Lockwood introduced
House Bill No. 6075, entitled
A bill to amend 1931 PA 328, entitled "The Michigan penal code," (MCL 750.1 to 750.568) by adding section 411r.
The bill was read a first time by its title and referred to the Committee on Criminal Law and Corrections.
Reps. Woodward, Jacobs, Wojno, Hansen, Switalski, Bogardus, Dennis, Minore, Gieleghem, Quarles and Lockwood introduced
House Bill No. 6076, entitled
A bill to amend 1976 PA 451, entitled "The revised school code," (MCL 380.1 to 380.1852) by adding section 1315.
The bill was read a first time by its title and referred to the Committee on Criminal Law and Corrections.
Reps. Woodward, Jacobs, Wojno, Hansen, Switalski, Bogardus, Dennis, Minore, Gieleghem, Quarles and Lockwood introduced
House Bill No. 6077, entitled
A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," (MCL 600.101 to 600.9948) by adding section 2971.
The bill was read a first time by its title and referred to the Committee on Criminal Law and Corrections.
Rep. Woodward introduced
House Bill No. 6078, entitled
A bill to amend 1947 PA 179, entitled "An act to provide for the incorporation of certain municipal authorities for the collection or disposal, or both, of garbage or rubbish, or both, and for the operation of a dog pound; and to prescribe the powers, rights and duties thereof," (MCL 123.301 to 123.310) by adding section 7a.
The bill was read a first time by its title and referred to the Committee on Local Government and Urban Policy.
Reps. Raczkowski and Garza introduced
House Bill No. 6079, entitled
A bill to regulate certain forms of unarmed combat; to create certain commissions and to provide certain powers and duties for certain state agencies and departments; to license persons engaged in unarmed combat; to regulate certain persons connected to the business of unarmed combat and persons conducting certain contests and exhibitions; to assess certain fees; to impose a tax on receipts of certain events and enterprises; to create certain funds; to provide for penalties and remedies; and to repeal acts and parts of acts.
The bill was read a first time by its title and referred to the Committee on Regulatory Reform.
Reps. Hager, DeRossett, Julian, Tabor, Patterson, Kowall, Gilbert, Koetje, Richardville, Hart and Ehardt introduced
House Bill No. 6080, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending section 2888 (MCL 333.2888).
The bill was read a first time by its title and referred to the Committee on Family and Children Services.
Reps. DeRossett, Hager, Julian, Tabor, Gilbert, Patterson, Koetje, Lockwood, Jamnick and Ehardt introduced
House Bill No. 6081, entitled
A bill to amend 1975 PA 238, entitled "Child protection law," by amending sections 2, 3, and 18 (MCL 722.622, 722.623, and 722.638), section 2 as amended by 2000 PA 45, section 3 as amended by 1994 PA 177, and section 18 as amended by 1998 PA 428, and by adding section 8e.
The bill was read a first time by its title and referred to the Committee on Family and Children Services.
______
Rep. Lemmons moved that the House adjourn.
The motion prevailed, the time being 7:45 p.m.
Associate Speaker Pro Tempore Scranton declared the House adjourned until Thursday, November 9, at 12:00 Noon.
GARY L. RANDALL
Clerk of the House of Representatives.