hj10149t.069

No. 69

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

90th Legislature

REGULAR SESSION OF 1999

House Chamber, Lansing, Thursday, October 14, 1999.

12:00 Noon.

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

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--e/d/s

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--excused

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--absent

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--excused

Scott--present

Scranton--present

Shackleton--present

Sheltrown--present

Shulman--present

Spade--present

Stallworth--present

Stamas--present

Switalski--present

Tabor--present

Tesanovich--present

Thomas--present

Toy--present

Vander Roest--present

Van Woerkom--present

Vaughn--present

Vear--present

Voorhees--present

Wojno--present

Woodward--present

Woronchak--present

e/d/s = entered during session

Rev. Daniel Wermuth, II, Pastor of the Bethel Family Worship Center in Jackson, offered the following invocation:

"I would like to pray a prayer that David prayed, David the son of Jesse and the King of Israel.

O Lord, You have searched me and known me. You know my sitting down and my rising up; You understand my thought afar off. You comprehend my path and my lying down, and are acquainted with all my ways. For there is not a word on my tongue, But behold, O Lord, You know it altogether. You have hedged me behind and before, and laid Your hand upon me. Such knowledge is too wonderful for me; It is high, I cannot attain it.

Where can I go from Your Spirit? Or where can I flee from Your presence? If I ascend into heaven, You are there; If I make my bed in hell, behold, You are there. If I take the wings of the morning, and dwell in the uttermost parts of the sea, even there Your hand shall lead me, and Your right hand shall hold me. If I say, "Surely the darkness shall fall on me," Even the night shall be light about me; Indeed, the darkness shall not hide from You, But the night shines as the day; The darkness and the light are both alike to You.

For You formed my inward parts; You covered me in my mother's womb. I will praise You, for I am fearfully and wonderfully made; Marvelous are Your works, and that my soul knows very well. My frame was not hidden from You, when I was made in secret, and skillfully wrought in the lowest parts of the earth. Your eyes saw my substance, being yet unformed. And in Your book they all were written, the days fashioned for me, when as yet there were none of them.

How precious also are Your thoughts to me, O God! How great is the sum of them! If I should count them, they would be more in number than the sand; When I awake, I am still with You.

Oh, that You would slay the wicked, O God! Depart from me, therefore, you bloodthirsty men. For they speak against You wickedly; Your enemies take Your name in vain. Do I not hate them, O Lord, who hate You? And do I not loathe those who rise up against You? I hate them with perfect hatred; I count them my enemies.

Search me, O God, and know my heart; Try me, and know my anxieties; And see if there is any wicked way in me, and lead me in the way everlasting.

A prayer to David, King of Israel. Amen."

______

Rep. Scott moved that Rep. Schermesser be excused from today's session.

The motion prevailed.

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

The motion prevailed.

Second Reading of Bills

House Bill No. 4714, entitled

A bill to amend 1953 PA 232, entitled "An act to revise, consolidate, and codify the laws relating to probationers and probation officers, to pardons, reprieves, commutations, and paroles, to the administration of correctional institutions, correctional farms, and probation recovery camps, to prisoner labor and correctional industries, and to the supervision and inspection of local jails and houses of correction; to provide for the siting of correctional facilities; to create a state department of corrections, and to prescribe its powers and duties; to provide for the transfer to and vesting in said department of powers and duties vested by law in certain other state boards, commissions, and officers, and to abolish certain boards, commissions, and offices the powers and duties of which are transferred by this act; to allow for the operation of certain facilities by private entities; to prescribe the powers and duties of certain other state departments and agencies; to provide for the creation of a local lockup advisory board; to prescribe penalties for the violation of the provisions of this act; to make certain appropriations; to repeal certain parts of this act on specific dates; and to repeal all acts and parts of acts inconsistent with the provisions of this act," by amending section 36 (MCL 791.236), as amended by 1998 PA 315.

(The bill was read a second time, amended, amendment offered and bill postponed temporarily on October 13, see House Journal No. 68, p. 1950.)

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

Rep. Callahan withdrew the amendment.

Rep. Callahan moved to amend the bill as follows:

1. Amend page 5, line 17, after "DEPARTMENT" by striking out "IMMEDIATELY" and inserting "WITHIN 3 BUSINESS DAYS".

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

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

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

House Bill No. 4719, entitled

A bill to amend 1974 PA 258, entitled "Mental health code," by amending section 746 (MCL 330.1746) and by adding section 747.

Was read a second time, and the question being on the adoption of the proposed amendment previously recommended by the Committee on Criminal Law and Corrections (for amendment, see House Journal No. 67, p. 1940),

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

Rep. Faunce moved to amend the bill as follows:

1. Amend page 2, line 13, after "ORDER" by inserting "UNLESS THAT ORDER EXPIRES OR THE MENTAL HEALTH PROFESSIONAL RECEIVES A COPY OF A NEW OR MODIFIED COURT ORDER PERMITTING ACCESS TO THE INFORMATION".

2. Amend page 3, line 2, after "ORDER" by inserting "UNLESS THAT ORDER EXPIRES OR THE FACILITY, LICENSED FACILITY, PSYCHIATRIC HOSPITAL, OR CENTER RECEIVES A COPY OF A NEW OR MODIFIED COURT ORDER PERMITTING ACCESS TO THE INFORMATION".

3. Amend page 3, following line 2, by inserting:

"(3) A MENTAL HEALTH PROFESSIONAL, FACILITY, LICENSED FACILITY, PSYCHIATRIC HOSPITAL, OR CENTER THAT MAKES A REASONABLE EFFORT TO COMPLY WITH SUBSECTION (1) OR (2) IS NOT CIVILLY OR CRIMINALLY LIABLE OR SUBJECT TO A REMEDY OR PENALTY AVAILABLE IN THIS ACT FOR FAILURE TO COMPLY WITH SUBSECTION (1) OR (2).

(4) A HOLDER OF MENTAL RECORDS OR OTHER MENTAL HEALTH CARE INFORMATION PERTAINING TO THE MINOR MAY CHARGE THE PERSON MAKING THE REQUEST FOR RECORDS A REASONABLE AMOUNT TO REDACT INFORMATION IN THE REQUESTED MENTAL HEALTH RECORDS OR INFORMATION.".

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

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

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

House Bill No. 4720, entitled

A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding sections 16290 and 20175a.

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

Rep. Faunce moved to amend the bill as follows:

1. Amend page 1, line 1, after "SEC. 16290." by inserting "(1)".

2. Amend page 2, line 2, after "ORDER" by inserting "UNLESS THE ORDER EXPIRES OR THE LICENSEE OR REGISTRANT RECEIVES A COPY OF A NEW OR MODIFIED COURT ORDER PERMITTING ACCESS TO THE INFORMATION. A LICENSEE OR REGISTRANT WHO MAKES A REASONABLE EFFORT TO COMPLY WITH THIS SECTION IS NOT CIVILLY OR CRIMINALLY LIABLE OR SUBJECT TO A REMEDY OR PENALTY AVAILABLE IN THIS ARTICLE FOR FAILURE TO COMPLY WITH THIS SECTION".

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

"(2) A HOLDER OF MEDICAL RECORDS OR OTHER HEALTH CARE INFORMATION PERTAINING TO THE MINOR MAY CHARGE THE PERSON MAKING THE REQUEST FOR RECORDS A REASONABLE AMOUNT TO REDACT INFORMATION IN THE REQUESTED MEDICAL RECORDS OR INFORMATION.".

4. Amend page 2, line 3, after "SEC. 20175A." by inserting "(1)".

5. Amend page 2, line 15, after "ORDER" by inserting "UNLESS THE ORDER EXPIRES OR THE HEALTH FACILITY OR AGENCY RECEIVES A COPY OF A NEW OR MODIFIED COURT ORDER PERMITTING ACCESS TO THE INFORMATION. A HEALTH FACILITY OR AGENCY THAT MAKES A REASONABLE EFFORT TO COMPLY WITH THIS SECTION IS NOT CIVILLY OR CRIMINALLY LIABLE OR SUBJECT TO A REMEDY OR PENALTY AVAILABLE IN THIS ARTICLE FOR FAILURE TO COMPLY WITH THIS SECTION".

6. Amend page 2, following line 15, by inserting:

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

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

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

House Bill No. 4310, entitled

A bill to make appropriations for the department of natural resources for the fiscal year ending September 30, 2000; to provide for the expenditure of those appropriations; to create funds and accounts; to require reports; to prescribe certain powers and duties of certain state agencies and officials; to authorize certain transfers by certain state agencies; and to provide for the disposition of fees and other income received by the various state agencies.

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

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

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. 4310, entitled

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

Roll Call No. 872 Yeas--98

Allen Ehardt Kowall Rison

Baird Faunce Kuipers Rivet

Basham Frank Kukuk Sanborn

Birkholz Garcia LaSata Schauer

Bisbee Garza Law Scott

Bishop Geiger Lemmons Scranton

Bogardus Gieleghem Lockwood Shackleton

Bovin Gilbert Mans Sheltrown

Bradstreet Godchaux Martinez Shulman

Brater Green Mead Spade

Brewer Hager Middaugh Stallworth

Brown, B. Hanley Neumann Stamas

Brown, C. Hansen Pappageorge Switalski

Byl Hardman Patterson Tabor

Callahan Howell Perricone Tesanovich

Cassis Jacobs Pestka Thomas

Caul Jamnick Price Toy

Cherry Jansen Prusi Van Woerkom

Clark, I. Jelinek Pumford Vander Roest

Daniels Jellema Quarles Vaughn

DeHart Johnson, Rick Raczkowski Voorhees

Dennis Julian Reeves Wojno

DeRossett Kelly Richardville Woodward

DeVuyst Kilpatrick Richner Woronchak

DeWeese Koetje

Nays--5

Hale Minore Rocca Vear

Johnson, Ruth

In The Chair: Patterson

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 make appropriations for the department of natural resources for the fiscal year ending September 30, 2000; and to provide for the expenditure of the appropriations.

The motion prevailed.

The House agreed to the title as amended.

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

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

______

Rep. Vear, 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:

Due to the fact that no consideration has been given to fund MI Trees for the 21st Century HB 4875 and no projects were granted in my district in HB 4310 I am voting no on this $11.5 million of spending by our great state of Michigan."

Rep. Minore, having reserved the right to explain his protest against the passage of the bill, made the following statement:

"Mr. Speaker and members of the House:

I have no objection to projects recommended for funding from the Clean Michigan Initiative. I assume that the departments recommendations are sound and are based on reasonable and credible applications.

A cursory review of the recommended projects, however, suggests that urban population centers are not well served by this appropriation. It appears that there is a disproportionate number of projects serving townships, small cities and rural areas--leaving larger population centers under served.

My no vote is intended to remind the Department that the number of PEOPLE served needs to be considered in future reviews and recommendations."

House Bill No. 4708, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending sections 2529, 2950, and 2950a (MCL 600.2529, 600.2950, and 600.2950a), section 2529 as amended by 1994 PA 403, section 2950 as amended by 1998 PA 477, and section 2950a as amended by 1998 PA 476.

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

Roll Call No. 873 Yeas--104

Allen Faunce Kowall Richner

Baird Frank Kuipers Rivet

Basham Garcia Kukuk Rocca

Birkholz Garza LaSata Sanborn

Bisbee Geiger Law Schauer

Bishop Gieleghem Lemmons Scott

Bogardus Gilbert Lockwood Scranton

Bovin Godchaux Mans Shackleton

Bradstreet Gosselin Martinez Sheltrown

Brater Green Mead Shulman

Brewer Hager Middaugh Spade

Brown, B. Hale Minore Stallworth

Brown, C. Hanley Mortimer Stamas

Byl Hardman Neumann Switalski

Callahan Howell O'Neil Tabor

Cassis Jacobs Pappageorge Tesanovich

Caul Jamnick Patterson Thomas

Cherry Jansen Perricone Toy

Clark, I. 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

Nays--0

In The Chair: Patterson

The House agreed to the title of the bill.

Reps. Allen, Basham, Bisbee, Bishop, Bovin, Bob Brown, Cameron Brown, Callahan, Cassis, Caul, DeRossett, DeVuyst, Garcia, Gilbert, Green, Hardman, Howell, Jacobs, Jamnick, Jansen, Jelinek, Jellema, Julian, Kelly, Kuipers, Kukuk, LaSata, Lemmons, Mead, Middaugh, Mortimer, Pappageorge, Patterson, Sanborn, Scott, Shackleton, Shulman, Spade, Stallworth, Toy, Van Woerkom, Vander Roest, Vear and Voorhees were named co-sponsors of the bill.

______

Rep. Clarke entered the House Chambers.

House Bill No. 4709, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending sections 15, 15a, 15b, 15c, and 15e of chapter IV (MCL 764.15, 764.15a, 764.15b, 764.15c, and 764.15e), section 15 as amended by 1996 PA 490, section 15a as amended by 1996 PA 138, sections 15b and 15c as amended by 1998 PA 475, and section 15e as added by 1993 PA 52.

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

Roll Call No. 874 Yeas--105

Allen Frank Kuipers Rison

Baird Garcia Kukuk Rivet

Basham Garza LaSata Rocca

Birkholz Geiger Law Sanborn

Bisbee Gieleghem Lemmons Schauer

Bishop Gilbert Lockwood Scott

Bogardus Godchaux Mans Scranton

Bovin Gosselin Martinez Shackleton

Bradstreet Green Mead Sheltrown

Brater Hager Middaugh Shulman

Brewer Hale Minore Spade

Brown, B. Hanley Mortimer Stallworth

Brown, C. Hansen Neumann Stamas

Byl Howell O'Neil Switalski

Callahan Jacobs Pappageorge Tabor

Cassis Jamnick Patterson Tesanovich

Caul Jansen Perricone 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 Kilpatrick Reeves Wojno

DeWeese Koetje Richardville Woodward

Ehardt Kowall Richner Woronchak

Faunce

Nays--0

In The Chair: Patterson

The House agreed to the title of the bill.

Reps. Basham, Bisbee, Bishop, Bogardus, Bovin, Cameron Brown, Byl, Callahan, Cassis, Caul, DeHart, Dennis, DeRossett, DeVuyst, DeWeese, Ehardt, Gilbert, Hager, Hansen, Howell, Jacobs, Jamnick, Jansen, Jelinek, Jellema, Julian, Kuipers, Kukuk, LaSata, Lemmons, Mead, Middaugh, Mortimer, Pappageorge, Patterson, Rivet, Rocca, Sanborn, Shackleton, Spade, Stallworth, Toy, Van Woerkom, Vander Roest, Vaughn, Vear, Voorhees and Woodward were named co-sponsors of the bill.

______

Rep. Schauer moved that Rep. Cherry be excused temporarily from today's session.

The motion prevailed.

House Bill No. 4710, entitled

A bill to amend 1935 PA 59, entitled "An act to provide for the public safety; to create the Michigan state police, and provide for the organization thereof; to transfer thereto the offices, duties and powers of the state fire marshal, the state oil inspector, the department of the Michigan state police as heretofore organized, and the department of public safety; to create the office of commissioner of the Michigan state police; to provide for an acting commissioner and for the appointment of the officers and members of said department; to prescribe their powers, duties, and immunities; to provide the manner of fixing their compensation; to provide for their removal from office; and to repeal Act No. 26 of the Public Acts of 1919, being sections 556 to 562, inclusive, of the Compiled Laws of 1929, and Act No. 123 of the Public Acts of 1921, as amended, being sections 545 to 555, inclusive, of the Compiled Laws of 1929," by amending section 6 (MCL 28.6), as amended by 1989 PA 10.

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

Roll Call No. 875 Yeas--105

Allen Frank Kowall Richner

Baird Garcia Kuipers Rison

Basham Garza Kukuk Rivet

Birkholz Geiger LaSata Rocca

Bisbee Gieleghem Law Sanborn

Bishop Gilbert Lemmons Schauer

Bogardus Godchaux Lockwood Scott

Bovin Gosselin Mans Scranton

Bradstreet Green Martinez Shackleton

Brater Hager Mead Sheltrown

Brewer Hale Middaugh Spade

Brown, B. Hanley Minore Stallworth

Brown, C. Hansen Mortimer Stamas

Byl Hardman Neumann Switalski

Callahan Howell O'Neil Tabor

Cassis Jacobs Pappageorge Tesanovich

Caul 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

Nays--0

In The Chair: Patterson

The House agreed to the title of the bill.

Reps. Baird, Basham, Birkholz, Bogardus, Bovin, Cameron Brown, Callahan, Caul, DeHart, DeRossett, DeVuyst, Ehardt, Garcia, Hardman, Howell, Jacobs, Jamnick, Jansen, Jelinek, Jellema, Ruth Johnson, Julian, Kuipers, Kukuk, LaSata, Lemmons, Mead, O'Neil, Pappageorge, Patterson, Rocca, Scott, Shulman, Spade, Stallworth, Vander Roest, Vaughn, Vear and Voorhees were named co-sponsors of the bill.

House Bill No. 4711, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 411 (MCL 750.411).

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

Roll Call No. 876 Yeas--107

Allen Faunce Kowall Rison

Baird Frank Kuipers Rivet

Basham Garcia Kukuk Rocca

Birkholz Garza LaSata Sanborn

Bisbee Geiger Law Schauer

Bishop Gieleghem Lemmons Scott

Bogardus Gilbert Lockwood Scranton

Bovin Godchaux Mans Shackleton

Bradstreet Gosselin Martinez Sheltrown

Brater Green Mead Shulman

Brewer Hager Middaugh Spade

Brown, B. Hale Minore Stallworth

Brown, C. Hanley Mortimer Stamas

Byl Hansen Neumann Switalski

Callahan Hardman O'Neil Tabor

Cassis Howell Pappageorge Tesanovich

Caul Jacobs Patterson Thomas

Cherry Jamnick Perricone 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 Quarles Voorhees

DeRossett Julian Raczkowski Wojno

DeVuyst Kelly Reeves Woodward

DeWeese Kilpatrick Richardville Woronchak

Ehardt Koetje Richner

Nays--0

In The Chair: Patterson

The House agreed to the title of the bill.

______

Rep. Middaugh moved that Reps. Perricone and Geiger be excused temporarily from today's session.

The motion prevailed.

House Bill No. 4712, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending sections 916 and 2950b (MCL 600.916 and 600.2950b), section 2950b as amended by 1994 PA 403, and by adding section 2950c.

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

Roll Call No. 877 Yeas--105

Allen Faunce Kowall Rison

Baird Frank Kuipers Rivet

Basham Garcia Kukuk Rocca

Birkholz Garza LaSata Sanborn

Bisbee Gieleghem Law Schauer

Bishop Gilbert Lemmons Scott

Bogardus Godchaux Lockwood Scranton

Bovin Gosselin Mans Shackleton

Bradstreet Green Martinez Sheltrown

Brater Hager Mead Shulman

Brewer Hale Middaugh Spade

Brown, B. Hanley Minore Stallworth

Brown, C. Hansen Mortimer Stamas

Byl Hardman 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

DeWeese Koetje Richner Woronchak

Ehardt

Nays--0

In The Chair: Patterson

The House agreed to the title of the bill.

Reps. Baird, Birkholz, Bisbee, Bishop, Bogardus, Bovin, Callahan, Cassis, DeHart, DeWeese, Ehardt, Gilbert, Jacobs, Jamnick, Jelinek, Julian, Kuipers, LaSata, Lemmons, Mead, Middaugh, Patterson, Sanborn, Shulman, Spade, Stamas, Toy, Van Woerkom, Vear, Wojno and Woodward were named co-sponsors of the bill.

House Bill No. 4713, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending sections 81 and 81a (MCL 750.81 and 750.81a), section 81 as amended by 1994 PA 64 and section 81a as amended by 1994 PA 65.

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

Roll Call No. 878 Yeas--105

Ehardt

Nays--0

In The Chair: Patterson

The House agreed to the title of the bill.

House Bill No. 4715, entitled

A bill to amend 1978 PA 389, entitled "An act to provide for the prevention and treatment of domestic violence; to develop and establish policies, procedures, and standards for providing domestic violence assistance programs and services; to create a domestic violence prevention and treatment board and prescribe its powers and duties; to establish a domestic violence prevention and treatment fund and provide for its use; and to prescribe powers and duties of the department of social services," by amending the title and section 1 (MCL 400.1501).

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

Roll Call No. 879 Yeas--101

Allen Frank Kowall Rivet

Baird Garcia Kuipers Rocca

Basham Garza Kukuk Sanborn

Birkholz Gieleghem LaSata Schauer

Bisbee Gilbert Law Scott

Bishop Godchaux Lockwood Scranton

Bovin Gosselin Mans Shackleton

Brater Green Martinez Sheltrown

Brewer Hager Mead Shulman

Brown, B. Hale Middaugh Spade

Brown, C. Hanley Minore Stallworth

Byl Hansen Mortimer Stamas

Callahan Hardman 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

DeWeese Kilpatrick Richner Woodward

Ehardt Koetje Rison Woronchak

Faunce

Nays--1

Bradstreet

In The Chair: Patterson

The House agreed to the title of the bill.

Reps. Basham, Birkholz, Bishop, Bogardus, Bovin, Brewer, Cameron Brown, Callahan, Cassis, Clarke, DeHart, Dennis, Ehardt, Gilbert, Hager, Hansen, Hardman, Howell, Jacobs, Jamnick, Jelinek, Jellema, Julian, LaSata, Lemmons, Lockwood, Mead, Middaugh, Mortimer, O'Neil, Pappageorge, Patterson, Quarles, Richardville, Rocca, Sanborn, Scott, Shackleton, Spade, Stallworth, Van Woerkom, Vander Roest, Vaughn and Woodward were named co-sponsors of the bill.

House Bill No. 4716, entitled

A bill to amend 1961 PA 44, entitled "An act to provide for the release of misdemeanor prisoners by giving bond to the arresting officer in certain circumstances not inconsistent with public safety; and to repeal certain acts and parts of acts," by amending section 2a (MCL 780.582a), as added by 1990 PA 308.

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

Roll Call No. 880 Yeas--105

Ehardt

Nays--0

In The Chair: Patterson

The House agreed to the title of the bill.

House Bill No. 4717, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 3 of chapter XI (MCL 771.3), as amended by 1998 PA 520.

The bill was read a third time.

The question being on the passage of the bill,

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

The motion prevailed.

House Bill No. 4718, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," (MCL 380.1 to 380.1852) by adding section 1137a.

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

Roll Call No. 881 Yeas--107

Nays--0

In The Chair: Patterson

The House agreed to the title of the bill.

Reps. Baird, Basham, Birkholz, Bishop, Bogardus, Cameron Brown, Callahan, Cassis, Dennis, DeWeese, Garcia, Hager, Hansen, Howell, Jacobs, Jamnick, Jansen, Jelinek, Jellema, Julian, Kuipers, Kukuk, LaSata, Lemmons, Mead, O'Neil, Patterson, Rocca, Sanborn, Scott, Shackleton, Shulman, Spade, Stallworth, Vander Roest, Vaughn, Voorhees and Woodward were named co-sponsors of the bill.

______

Rep. Vear moved that Rep. Ehardt be excused temporarily from today's session.

The motion prevailed.

Rep. Middaugh moved that House Bill No. 4714 be placed on its immediate passage.

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

House Bill No. 4714, entitled

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

Roll Call No. 882 Yeas--106

Allen Frank Kuipers Rison

Baird Garcia Kukuk Rivet

Basham Garza LaSata Rocca

Birkholz Geiger Law Sanborn

Bisbee Gieleghem Lemmons Schauer

Bishop Gilbert Lockwood Scott

Bogardus Godchaux Mans Scranton

Bovin Gosselin Martinez Shackleton

Bradstreet Green Mead Sheltrown

Brater Hager Middaugh Shulman

Brewer Hale Minore Spade

Brown, B. Hanley Mortimer Stallworth

Brown, C. Hansen Neumann Stamas

Byl Hardman O'Neil Switalski

Callahan Howell Pappageorge Tabor

Cassis Jacobs Patterson Tesanovich

Caul Jamnick Perricone 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

DeWeese Koetje Richner Woronchak

Faunce Kowall

Nays--0

In The Chair: Patterson

The House agreed to the title of the bill.

Rep. Middaugh moved that House Bill No. 4719 be placed on its immediate passage.

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

House Bill No. 4719, entitled

A bill to amend 1974 PA 258, entitled "Mental health code," by amending section 746 (MCL 330.1746) and by adding section 747.

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

Roll Call No. 883 Yeas--105

Allen Garcia Kuipers Rison

Baird Garza Kukuk Rivet

Basham Geiger LaSata Rocca

Birkholz Gieleghem Law Sanborn

Bisbee Gilbert Lemmons Schauer

Bishop Godchaux Lockwood Scott

Bogardus Gosselin Mans Scranton

Bovin Green Martinez Shackleton

Bradstreet Hager Mead Sheltrown

Brater Hale Middaugh Shulman

Brown, B. Hanley Minore Spade

Brown, C. Hansen Mortimer Stallworth

Byl Hardman 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

Dennis Julian Quarles Vear

DeRossett Kelly Raczkowski Voorhees

DeVuyst Kilpatrick Reeves Wojno

DeWeese Koetje Richardville Woodward

Faunce Kowall Richner Woronchak

Frank

Nays--0

In The Chair: Patterson

The House agreed to the title of the bill.

Reps. Baird, Birkholz, Bishop, Cameron Brown, Callahan, Cassis, DeWeese, Hansen, Hardman, Howell, Jacobs, Jamnick, Jansen, Jelinek, Julian, Kukuk, LaSata, Middaugh, Minore, O'Neil, Patterson, Shackleton, Shulman, Stallworth, Toy, Van Woerkom, Vander Roest, Vaughn, Vear and Voorhees were named co-sponsors of the bill.

Rep. Middaugh moved that House Bill No. 4720 be placed on its immediate passage.

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

House Bill No. 4720, entitled

A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding sections 16290 and 20175a.

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

Roll Call No. 884 Yeas--106

Allen Frank Kuipers Rison

Baird Garcia Kukuk Rivet

Basham Garza LaSata Rocca

Birkholz Geiger Law Sanborn

Bisbee Gieleghem Lemmons Schauer

Bishop Gilbert Lockwood Scott

Bogardus Godchaux Mans Scranton

Bovin Gosselin Martinez Shackleton

Bradstreet Green Mead Sheltrown

Brater Hager Middaugh Shulman

Brewer Hale Minore Spade

Brown, B. Hanley Mortimer Stallworth

Brown, C. Hansen Neumann Stamas

Byl Hardman O'Neil Switalski

Callahan Howell Pappageorge Tabor

Cassis Jacobs Patterson Tesanovich

Caul Jamnick Perricone 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

DeWeese Koetje Richner Woronchak

Faunce Kowall

Nays--0

In The Chair: Patterson

The House agreed to the title of the bill.

Reps. Baird, Bishop, Bogardus, Cameron Brown, Callahan, Cassis, Clarke, Dennis, DeRossett, Howell, Jacobs, Jamnick, Jansen, Julian, Kukuk, LaSata, Lemmons, Mead, Middaugh, Minore, Neumann, Pappageorge, Patterson, Sanborn, Shackleton, Shulman, Spade, Toy, Van Woerkom, Vander Roest, Vaughn and Woodward were named co-sponsors of the bill.

By unanimous consent the House returned to the order of

Motions and Resolutions

Reps. Faunce, Martinez, Howell, Bishop, Baird, Jacobs, O'Neil, Julian, Shulman, Richner, Bogardus, Hale, Van Woerkom, Bradstreet, Hart, Byl, Jelinek, Toy, Caul, Cameron Brown, Godchaux, Bovin, Kowall, Bisbee, Tabor, Sanborn, Voorhees, Gosselin, Pappageorge, Garcia, LaSata, Allen, Ehardt, Gieleghem, Mead, DeRossett, Shackleton, Lemmons, Scranton, Vear, Rivet, Gilbert, Wojno, Jellema, Patterson, Spade, DeVuyst, Sheltrown, Vander Roest, DeHart, Woronchak, Jansen, Kukuk, Callahan, Hardman, Quarles, Clark, Jamnick, Kelly, Neumann, Schauer, Middaugh, Brater, Hager, Birkholz, Lockwood and Green offered the following resolution:

House Resolution No. 203.

A resolution recognizing October as Domestic Violence Awareness Month in Michigan.

Whereas, The State of Michigan recognizes domestic violence as a tragic epidemic that remains a devastating reality for countless families and individuals; and

Whereas, In the United States an estimated 3 to 4 million women are victims of domestic violence assault each year, with an act of domestic violence occurring every 15 seconds; and

Whereas, The crime of domestic violence violates an individual's privacy, dignity, and security in demeaning ways, in which they are made vulnerable to emotional, physical, psychological, and sexual control and violent abuse; and

Whereas, The House of Representatives of Michigan, along with Governor John Engler who has declared October Domestic Violence Awareness Month, continue to pass some of the toughest domestic violence laws in the nation, which protect the families of our state and hold all abusers accountable for their crimes; and

Whereas, Governor John Engler is to be commended for dedicating this month to bring awareness to this societal problem that plagues too many Michigan families, so that as legislators, citizens, husbands, wives, fathers, mothers, and neighbors, we continue to take a stand and pass the policies that provide for a safe environment in our homes; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body call upon the citizens of Michigan to recognize the month of October as Domestic Violence Awareness Month in the State of Michigan.

Pending the reference of the resolution to a committee,

Rep. Middaugh 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. Tabor, Rivet, LaSata, Julian, Jelinek, Richner, Jellema, Patterson, Spade, DeVuyst, Howell, Allen, Van Woerkom, Vander Roest, DeHart, Bishop, Voorhees, Woronchak, Koetje, Sanborn, Jansen, Kukuk, Shulman, Bovin, Mead, Hale, Faunce, Hardman, Clark, Jamnick, Ehardt, Gosselin, Shackleton, Kelly, Neumann, Lemmons, Schauer, Vear, Garcia, Scranton, Middaugh, Pappageorge, Brater, Hager, Birkholz and Green offered the following resolution:

House Resolution No. 204.

A resolution honoring the 20th year of the Michigan Society of Health-System Pharmacists as a part of the practice section of the Michigan Pharmacists Association.

Whereas, It is the mission of the Michigan Society of Health-System Pharmacists to provide leadership, support and representation for its members in their provision of pharmaceutical care and services which foster efficacy, safety and cost-effectiveness of drug use; and

Whereas, The Michigan Society of Health-System Pharmacists helps the public achieve the best use of medications and develop model standards for pharmaceutical care which may be used to assess patient care outcomes, including patient satisfaction; and

Whereas, The Michigan Society of Health-System Pharmacists provides educational support in preparing pharmacy practitioners and advocates the value of the pharmacist's contributions to patient care; and

Whereas, Included among the goals of the Michigan Society of Health-System Pharmacists is to: disseminate information about implementing pharmaceutical care to practitioners; facilitate communication among pharmacists, other health care team members, governmental agencies and the public; and promote research to improve the quality of pharmaceutical care; and

Whereas, The Michigan Society of Health-System Pharmacists promotes organizational leadership and membership; seeks to identify, analyze and evaluate health care trends; and provides leadership in addressing legislative and regulatory initiatives affecting pharmacy practice; and

Whereas, 1999 marks the 20th year of the organization's existence as a practice section of the Michigan Pharmacists Association; now, therefore, be it

Resolved by the House of Representatives, That the Michigan Society of Health-System Pharmacists be commended and congratulated on its many years of dedicated service to its members and the citizens of Michigan; and be it further

Resolved, That a copy of this resolution be transmitted to the Michigan Society of Health-System Pharmacists as evidence of our esteem.

Pending the reference of the resolution to a committee,

Rep. Middaugh 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.

Reports of Standing Committees

The Committee on Family and Civil Law, by Rep. Shulman, Vice-Chair, reported

House Bill No. 4469, 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 1 (MCL 691.1401), as amended by 1986 PA 175, and by adding section 7a.

With the recommendation that the bill pass.

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

Favorable Roll Call

HB 4469 To Report Out:

Yeas: Reps. Richner, Shulman, Koetje, Law, Sanborn, Voorhees, Baird, Minore, Switalski,

Nays: None.

The Committee on Family and Civil Law, by Rep. Shulman, Vice-Chair, reported

House Bill No. 4807, entitled

A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding sections 18826 and 18827.

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

1. Amend page 2, line 12, after "A" by striking out "LICENSED".

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

Favorable Roll Call

HB 4807 To Report Out:

Yeas: Reps. Richner, Shulman, Koetje, Law, Sanborn, Voorhees, Baird, Minore, Switalski,

Nays: None.

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Shulman, Vice-Chair of the Committee on Family and Civil Law, was received and read:

Meeting held on: Thursday, October 14, 1999, at 9:00 a.m.,

Present: Reps. Richner, Shulman, Koetje, Law, Sanborn, Voorhees, Baird, Minore, Switalski,

Absent: Reps. Hart, Schermesser,

Excused: Reps. Hart, Schermesser.

The Committee on Local Government and Urban Policy, by Rep. Birkholz, Chair, reported

House Bill No. 4628, entitled

A bill to amend 1959 PA 168, entitled "An act to provide for township planning; for the creation, organization, powers and duties of township planning commissions; and for the regulation and subdivision of land," by amending section 9 (MCL 125.329).

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 4628 To Report Out:

Yeas: Reps. Birkholz, Hager, Bishop, Julian, Tabor, Vander Roest, Lockwood, Jamnick,

Nays: None.

The Committee on Local Government and Urban Policy, by Rep. Birkholz, Chair, reported

House Bill No. 4629, entitled

A bill to amend 1846 RS 16, entitled "Of the powers and duties of townships, the election and duties of township officers, and the division of townships," by amending section 97 (MCL 41.97), as amended by 1989 PA 77.

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 4629 To Report Out:

Yeas: Reps. Birkholz, Hager, Bishop, Julian, 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: Thursday, October 14, 1999, at 9:00 a.m.,

Present: Reps. Birkholz, Hager, Bishop, DeWeese, Julian, Tabor, Vander Roest, Lockwood, Jamnick, Minore, Reeves.

The Committee on Conservation and Outdoor Recreation, by Rep. DeVuyst, Chair, reported

House Bill No. 4280, entitled

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

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

1. Amend page 2, line 17, after "FRIVOLOUS" by striking out the balance of the sentence and inserting a period.

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

Favorable Roll Call

HB 4280 To Report Out:

Yeas: Reps. DeVuyst, Tabor, DeRossett, Green, Kowall, Middaugh, Patterson, Sanborn, Callahan, Basham, Brater, Gieleghem, Mans, Sheltrown,

Nays: None.

The Committee on Conservation and Outdoor Recreation, by Rep. DeVuyst, Chair, reported

House Bill No. 4281, entitled

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

With the recommendation that the substitute (H-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 4281 To Report Out:

Yeas: Reps. DeVuyst, Tabor, DeRossett, Kowall, Middaugh, Patterson, Sanborn, Callahan, Basham, Brater, Gieleghem, Mans, Sheltrown,

Nays: None.

The Committee on Conservation and Outdoor Recreation, by Rep. DeVuyst, Chair, reported

House Bill No. 4755, entitled

A bill to amend 1984 PA 22, entitled "Michigan civilian conservation corps act," by amending section 6 (MCL 409.306), as amended by 1998 PA 71.

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

1. Amend page 2, line 24, by striking out "MICHIGAN ECONOMIC DEVELOPMENT CORPORATION" and inserting "department of CAREER DEVELOPMENT".

2. Amend page 2, line 26, after "the" by striking out "MICHIGAN ECONOMIC DEVELOPMENT CORPORATION" and inserting "department of CAREER DEVELOPMENT".

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

Favorable Roll Call

HB 4755 To Report Out:

Yeas: Reps. DeVuyst, Tabor, DeRossett, Kowall, Middaugh, Patterson, Sanborn, Callahan, Basham, Brater, Gieleghem, Mans, Sheltrown,

Nays: None.

The Committee on Conservation and Outdoor Recreation, by Rep. DeVuyst, Chair, reported

House Bill No. 4814, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by repealing section 5534 (MCL 324.5534).

With the recommendation that the bill pass.

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

Favorable Roll Call

HB 4814 To Report Out:

Yeas: Reps. DeVuyst, Tabor, DeRossett, Green, Kowall, Middaugh, Patterson, Callahan, Basham, Brater, Gieleghem, Mans, Sheltrown,

Nays: None.

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: Thursday, October 14, 1999, at 8:00 a.m.,

Present: Reps. DeVuyst, Tabor, DeRossett, Green, Kowall, Middaugh, Patterson, Sanborn, Callahan, Basham, Brater, Gieleghem, Mans, Sheltrown,

Absent: Rep. Ruth Johnson,

Excused: Rep. Ruth Johnson.

The Committee on Health Policy, by Rep. Law, Chair, reported

House Bill No. 4085, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 16131 and 16263 (MCL 333.16131 and 333.16263), as amended by 1995 PA 126, and by adding section 16338 and part 186.

With the recommendation that the substitute (H3) 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 4085 To Report Out:

Yeas: Reps. Law, DeWeese, DeRossett, Ehardt, Gosselin, Green, Ruth Johnson, Rocca, Vear, Schauer, Baird, Dennis, Jacobs, Neumann, Reeves, Woodward,

Nays: None.

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Thursday, October 14, 1999, at 10:30 a.m.,

Present: Reps. Law, DeWeese, DeRossett, Ehardt, Gosselin, Green, Ruth Johnson, Rocca, Vear, Schauer, Baird, Dennis, Jacobs, Neumann, Reeves, Woodward,

Absent: Rep. Raczkowski,

Excused: Rep. Raczkowski.

Announcement by the Clerk of Printing and Enrollment

The Clerk announced the enrollment printing and presentation to the Governor on Thursday, October 14, for his approval of the following bills:

Enrolled House Bill No. 4099 at 9:45 a.m.

Enrolled House Bill No. 4844 at 9:47 a.m.

The Clerk announced that the following Senate bills had been received on Thursday, October 14:

Senate Bill Nos. 717 744

By unanimous consent the House returned to the order of

Messages from the Senate

House Bill No. 4817, entitled

A bill to amend 1982 PA 294, entitled "Friend of the court act," by amending sections 2a and 9 (MCL 552.502a and 552.509), section 2a as added by 1996 PA 366 and section 9 as amended by 1998 PA 63, and by adding section 9a.

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. 4818, entitled

A bill to amend 1982 PA 295, entitled "Support and parenting time enforcement act," by amending sections 2, 9, 11a, 32, 37, and 48 (MCL 552.602, 552.609, 552.611a, 552.632, 552.637, and 552.648), sections 2, 9, and 11a as amended by 1998 PA 334 and section 32 as amended by 1996 PA 301.

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. 4819, entitled

A bill to amend 1846 RS 84, entitled "Of divorce," by amending section 23 (MCL 552.23), as amended by 1983 PA 193, and by adding section 24.

The Senate has passed the bill and ordered that it be given immediate effect.

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

House Bill No. 4820, entitled

A bill to amend 1966 PA 138, entitled "The family support act," by amending sections 2, 4, 7, and 9 (MCL 552.452, 552.454, 552.457, and 552.459), section 2 as amended by 1996 PA 5, section 4 as amended by 1990 PA 292, and section 7 as amended by 1983 PA 195, and by adding section 8a.

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. 4821, entitled

A bill to amend 1956 PA 205, entitled "The paternity act," by amending sections 1, 8, and 19 (MCL 722.711, 722.718, and 722.729), section 1 as amended by 1998 PA 113 and section 19 as amended by 1983 PA 194, and by adding section 19a.

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. 4822, entitled

A bill to amend 1970 PA 91, entitled "Child custody act of 1970," by amending sections 2, 7, and 9 (MCL 722.22, 722.27, and 722.29), sections 2 and 7 as amended by 1998 PA 482.

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. 4823, entitled

A bill to amend 1952 PA 8, entitled "Revised uniform reciprocal enforcement of support act," by amending sections 3b, 14, 18, 23, and 31a (MCL 780.153b, 780.164, 780.168, 780.173, and 780.181a), section 3b as added and section 18 as amended by 1985 PA 172, section 14 as amended and section 31a as added by 1990 PA 241, and section 23 as amended by 1983 PA 192, and by adding section 14a.

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. 4824, entitled

A bill to amend 1985 PA 216, entitled "Interstate income withholding act," by amending sections 3, 5, and 10 (MCL 552.673, 552.675, and 552.680), section 3 as amended by 1996 PA 11 and section 5 as amended by 1990 PA 354, and by adding section 10a.

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. 4825, entitled

A bill to amend 1913 PA 379, entitled "An act to facilitate the collection of alimony and support and maintenance for minor children or for children who are 18 years of age or older ordered to be paid in suits for divorce or separate maintenance," by amending section 2 (MCL 552.152) and by adding section 6.

The Senate has passed the bill and ordered that it be given immediate effect.

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

House Bill No. 4826, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 165 (MCL 750.165).

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. 4827, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 2538 (MCL 600.2538), as added by 1993 PA 189.

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. 4413, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," (MCL 750.1 to 750.568) by adding section 219e.

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.

House Bill No. 4598, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," (MCL 750.1 to 750.568) by adding section 219f.

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.

House Bill No. 4670, entitled

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

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.

House Bill No. 4816, entitled

A bill to amend 1971 PA 174, entitled "Office of child support act," by amending section 1 (MCL 400.231), as amended by 1998 PA 112, and by adding sections 6, 7, 8, and 9.

The Senate has amended the bill as follows:

1. Amend page 6, following line 7, subsection (5), after the first "A" by striking out "CONTRACTOR, OFFICER, OR EMPLOYEE OF A CONTRACTOR" and inserting "CONTRACTOR OR SUBCONTRACTOR, OR AN OFFICER OR EMPLOYEE OF A CONTRACTOR OR SUBCONTRACTOR".

2. Amend page 6, following line 7, subsection (5), after "FEES. A" by striking out "CONTRACTOR, OFFICER, OR EMPLOYEE OF A CONTRACTOR" and inserting "CONTRACTOR OR SUBCONTRACTOR, OR AN OFFICER OR EMPLOYEE OF A CONTRACTOR OR SUBCONTRACTOR".

The Senate has passed the bill as amended, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

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

Senate Bill No. 717, entitled

A bill to amend 1975 PA 228, entitled "Single business tax act," by amending section 38e (MCL 208.38e), as added by 1996 PA 593.

The Senate has passed the bill.

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

Senate Bill No. 744, entitled

A bill to amend 1979 PA 94, entitled "The state school aid act of 1979," (MCL 388.1601 to 388.1772) by adding section 27.

The Senate has passed the bill.

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

Senate Concurrent Resolution No. 19.

A concurrent resolution to memorialize the Congress of the United States to support more flexibility for the states in the Welfare-to-Work program.

Whereas, In recent years, our country has made great strides in revamping the entire concept of welfare. Michigan has been especially effective in fostering increased self-sufficiency in tens of thousands of men and women; and

Whereas, Michigan's leadership in encouraging people to work, to pursue valuable training and education, and to escape dependence on public support has been most remarkable. Earlier this year, the Family Independence Agency caseload dropped well below 90,000, to a level Michigan has not seen in more than a generation. Indeed, as recently as 1994, the Family Independence Agency caseload stood at over 225,000; and

Whereas, A key contributor to Michigan's achievements has been its flexibility in developing and implementing programs like Project Zero and the MIChild health insurance program and initiatives to provide meaningful preparation for work. Programs to concentrate resources on target counties and communities have allowed for proper consideration of local situations and needs. This concept has proven to be most successful; and

Whereas, The federal Welfare-to-Work program, established as part of the Balanced Budget Act of 1997, is up for reauthorization. As it is examined, there are several areas that can be modified to provide greater flexibility. Provisions appropriate for change include allowing states to use a greater percentage of in-kind match and to count other federal and state funds, such as TANF and TANF maintenance of effort (MOE), as match; expanding eligibility standards; and changing the way funds are used for education training. These changes can help to bring about even more victories in the lives of individuals and families; now, therefore, be it

Resolved by the Senate (the House of Representatives concurring), That we memorialize the Congress of the United States to support more flexibility for the states in the Welfare-to-Work program; and be it further

Resolved, That copies of this resolution be transmitted to 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 Family and Children Services.

Reps. LaSata, Julian, Jelinek, Richner, Jellema, DeVuyst, Godchaux, Howell, Allen, Van Woerkom, Vander Roest, Bishop, Voorhees, Koetje, Jansen, Kukuk, Faunce, Hardman, Jamnick, Gosselin, Shackleton, Kelly, Vear, Garcia, Scranton, Middaugh, Pappageorge, Hager, Birkholz and Green were named co-sponsors of the concurrent resolution.

Senate Concurrent Resolution No. 22.

A concurrent resolution to memorialize the Congress of the United States to investigate antitrust violations in the agricultural processing industry.

Whereas, In recent years, concern has grown over the possible extent and impact of monopolistic situations in certain aspects of the agricultural processing industry. There have been reports of price fixing and other violations by major corporate leaders in handling and processing agricultural products. These cases have caused many to question the integrity of the marketplace for several types of goods; and

Whereas, Mergers and the growth of international corporations in all aspects of agriculture are bringing changes to farming. Along with concerns over the impact on the traditional family farm and the impact on American agriculture, there are many who feel that the huge companies have become so large that a few entities can control the market often enough to eliminate competition. In the current situation, with depressed prices for many commodities in the midst of a robust economy, many farmers and processors worry about what will happen in the next downturn; and

Whereas, The strength of American agriculture is critical to the long-term best interests of our nation. For agriculture to thrive, the market must be fair. Faith in the system of determining prices cannot endure the threat that antitrust protections are being violated; now, therefore, be it

Resolved by the Senate (the House of Representatives concurring), That we memorialize the Congress of the United States to investigate antitrust violations in the agricultural processing industry; and be it further

The Senate has adopted the concurrent resolution.

The concurrent resolution was referred to the Committee on Agriculture and Resource Management.

Reps. Rivet, LaSata, Julian, Jelinek, Richner, Jellema, Spade, DeVuyst, Howell, Allen, Sheltrown, Van Woerkom, Vander Roest, Bishop, Voorhees, Koetje, Jansen, Gosselin, Shackleton, Kelly, Neumann, Vear, Garcia, Scranton, Middaugh, Pappageorge, Hager, Birkholz and Green were named co-sponsors of the concurrent resolution.

Senate Concurrent Resolution No. 23.

A concurrent resolution to memorialize the Congress of the United States to enact legislation to require price reporting for agricultural products.

Whereas, Amidst an era of unprecedented economic strength and consistent growth, American agriculture is facing significant and lasting problems. This fact is reflected not only in very low commodity prices, but also by the number of farms. A steady trend seems to indicate a continuing decline in the number of farms and a marked increase in the role of corporations in farming in parts of the country; and

Whereas, With a greater number of corporate conglomerates and mergers in the agriculture industry, more pressure is being exerted upon individual family farms. In certain sectors of the farm economy, giant companies make it almost impossible for traditional farms to succeed; and

Whereas, Many observers have questioned the continuing disparity between the prices paid for some agricultural products to the farmers and the price of the product as it enters the marketplace. While prices for many commodities are very low and have decreased considerably in the recent past, there seems to be little correlating reductions in the costs for consumers. This situation can be addressed through requirements for price reporting. Requiring a meat packing company, for example, to report publicly the price it paid for livestock would promote fairness. There have been several legislative proposals to make price reporting a requirement in order to increase accountability in a vital segment of our national economy; now, therefore, be it

Resolved by the Senate (the House of Representatives concurring), That we memorialize the Congress of the United States to enact legislation to require price reporting for agricultural products; and be it further

The Senate has adopted the concurrent resolution.

The concurrent resolution was referred to the Committee on Agriculture and Resource Management.

Reps. Rivet, LaSata, Julian, Jelinek, Richner, Jellema, Spade, DeVuyst, Howell, Allen, Sheltrown, Van Woerkom, Vander Roest, Bishop, Voorhees, Jansen, Gosselin, Shackleton, Kelly, Neumann, Vear, Garcia, Scranton, Middaugh, Pappageorge, Hager, Birkholz and Green were named co-sponsors of the concurrent resolution.

Notices

Public Hearings

Committee on Employment Relations, Training and Safety

Date: Friday, October 15, 1999

Time: 11:30 a.m.

Place: Community Center, 3179 Livernois, Troy, Michigan

Rep. Gosselin,

Chair

Agenda: Union worker's bill of rights and any/or all business properly before this committee.

Committee on Employment Relations, Training and Safety

Date: Monday, October 25, 1999

Time: 6:30 p.m.

Place: Eberhard Center Meeting Room, 301 W. Fulton, Grand Rapids, Michigan

Rep. Gosselin,

Chair

Agenda: Union worker's bill of rights and any/or all business properly before this committee.

Committee on Employment Relations, Training and Safety

Date: Friday, October 29, 1999

Time: 11:30 a.m.

Place: Otsego County Library Meeting Room, 700 S. Otsego, Gaylord, Michigan

Rep. Gosselin,

Chair

Agenda: Union worker's bill of rights and any/or all business properly before this committee.

Committee on Employment Relations, Training and Safety

Date: Monday, November 1, 1999

Time: 6:30 p.m.

Place: City Council Chamber, 1101 S. Saginaw Street, Flint, Michigan

Rep. Gosselin,

Chair

Agenda: Union worker's bill of rights and any/or all business properly before this committee.

Introduction of Bills

Reps. Allen, Spade, Richner, Shulman, Rick Johnson, Howell, Pappageorge, Rocca, Ruth Johnson, Woronchak, Green, Jelinek, Law, DeVuyst, Geiger, Cassis, Jansen, Stamas, Jellema, Kuipers, Godchaux, Kukuk, Mortimer and Caul introduced

House Bill No. 4996, entitled

A bill to amend 1967 PA 119, entitled "An act regulating the use of chemical agents containing toxic chemicals or organic solvents or both, having the property of releasing toxic vapors; and providing for penalties," by amending the title and section 3 (MCL 752.273) and by adding section 2a; and to repeal acts and parts of acts.

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

Reps. Allen, Spade, Rick Johnson, Shulman, Howell, Pappageorge, Rocca, Ruth Johnson, Woronchak, Green, Jelinek, Law, DeVuyst, Geiger, Jansen, Stamas, Jellema, Kuipers, Godchaux, Kukuk, Mortimer and Caul introduced

House Bill No. 4997, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 17 of chapter XVII (MCL 777.17), as amended by 1999 PA 67.

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

Rep. Callahan introduced

House Bill No. 4998, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 11701 (MCL 324.11701) and by adding section 11712a.

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

Reps. Jamnick and Daniels introduced

House Bill No. 4999, entitled

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

Rep. Callahan introduced

House Bill No. 5000, entitled

A bill to amend 1945 PA 109, entitled "An act to protect and promote the public health and welfare and to enable boards of supervisors of certain counties to acquire, own, construct, establish, maintain and operate hospitals, county general hospitals, sanatoria and other institutions for the treatment of persons suffering from contagious and infectious diseases and for the treatment of indigent persons suffering from any physical ailment or impairment, and for temporary detention of mentally ill patients, both non-indigent and indigent, to authorize emergency treatment for emergency cases, to levy a tax therefor, appoint hospital trustees, authorize operation of hospitals by boards of county institutions, provide suitable means for the care of such afflicted persons, to limit the liability of counties maintaining such hospitals in respect to such cases, and to repeal acts inconsistent herewith," by amending section 12a (MCL 331.212a).

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

Rep. Callahan introduced

House Bill No. 5001, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending section 2661 (MCL 333.2661).

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

Rep. Callahan introduced

House Bill No. 5002, entitled

A bill to amend 1939 PA 280, entitled "The social welfare act," by amending the title and sections 14, 18, 45, 50, 55, 58, and 68a (MCL 400.14, 400.18, 400.45, 400.50, 400.55, 400.58, and 400.68a), the title and section 14 as amended by 1987 PA 266, section 18 as amended by 1980 PA 486, section 45 as amended by 1995 PA 223, and section 55 as amended by 1998 PA 516.

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

Rep. Callahan introduced

House Bill No. 5003, entitled

A bill to amend 1979 PA 218, entitled "Adult foster care facility licensing act," by amending section 3 (MCL 400.703), as amended by 1998 PA 442.

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

Rep. Callahan introduced

House Bill No. 5004, entitled

A bill to repeal 1925 PA 146, entitled "An act to revise and consolidate the laws relating to the relief and support of poor persons; to prescribe penalties for violations of certain provisions of this act, and to repeal certain acts relating to poor persons," (MCL 401.1 to 402.43).

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

______

Rep. Julian moved that the House adjourn.

The motion prevailed, the time being 2:55 p.m.

Associate Speaker Pro Tempore Patterson declared the House adjourned until Tuesday, October 19, at 2:00 p.m.

GARY L. RANDALL

Clerk of the House of Representatives.

Allen	Ehardt	Kowall	Rison
Baird	Faunce	Kuipers	Rivet
Basham	Frank	Kukuk	Sanborn
Birkholz	Garcia	LaSata	Schauer
Bisbee	Garza	Law	Scott
Bishop	Geiger	Lemmons	Scranton
Bogardus	Gieleghem	Lockwood	Shackleton
Bovin	Gilbert	Mans	Sheltrown
Bradstreet	Godchaux	Martinez	Shulman
Brater	Green	Mead	Spade
Brewer	Hager	Middaugh	Stallworth
Brown, B.	Hanley	Neumann	Stamas
Brown, C.	Hansen	Pappageorge	Switalski
Byl	Hardman	Patterson	Tabor
Callahan	Howell	Perricone	Tesanovich
Cassis	Jacobs	Pestka	Thomas
Caul	Jamnick	Price	Toy
Cherry	Jansen	Prusi	Van Woerkom
Clark, I.	Jelinek	Pumford	Vander Roest
Daniels	Jellema	Quarles	Vaughn
DeHart	Johnson, Rick	Raczkowski	Voorhees
Dennis	Julian	Reeves	Wojno
DeRossett	Kelly	Richardville	Woodward
DeVuyst	Kilpatrick	Richner	Woronchak