No. 78

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

90th Legislature


REGULAR SESSION OF 1999


House Chamber, Lansing, Thursday, November 4, 1999.

 

12:00 Noon.

 

 

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

 

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

 

Allen--present

Baird--present

Basham--present

Birkholz--present

Bisbee--present

Bishop--present

Bogardus--present

Bovin--present

Bradstreet--present

Brater--present

Brewer--present

Brown, Bob--present

Brown, Cameron--present

Byl--present

Callahan--present

Cassis--present

Caul--present

Cherry--present

Clark--present

Clarke--present

Daniels--present

DeHart--excused

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--excused

Scott--excused

Scranton--present

Shackleton--present

Sheltrown--present

Shulman--present

Spade--present

Stallworth--excused

Stamas--present

Switalski--present

Tabor--present

Tesanovich--present

Thomas--excused

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. Valde Garcia, from the 86th District, offered the following invocation:

 

"Our Heavenly Father, we thank You for the day that You have given to us. We thank You for this opportunity to serve You. We ask now that You be with Representative DeHart's brother as he goes through brain surgery. We ask that You be with the doctors and the nurses, that You guide their hands. Provide them with wisdom and skill as they try and heal him. We ask that You be over him, watch over the family, and guide and direct. Lord, we ask for Your wisdom, we ask for patience, we ask for Your guidance in all that we do here today. In Jesus' name, we pray. Amen."

 

 

______

 

 

Rep. Kilpatrick moved that Reps. Schermesser, Thomas, Stallworth and Scott be excused from today's session.

The motion prevailed.

 

 

Third Reading of Bills

 

 

Senate Bill No. 53, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," (MCL 380.1 to 380.1852) by adding section 1284b.

(The bill was not passed, motion made to reconsider the vote by which the House did not pass the bill, and bill postponed for the day on June 17, see House Journal No. 57, p. 1694.)

The question being on the passage of the bill,

Rep. Byl moved that the bill be re-referred to the Committee on Great Lakes and Tourism.

The motion prevailed.

 

 

House Bill No. 5040, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," (MCL 257.1 to 257.923) by adding section 811n.

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

 

 

Roll Call No. 987 Yeas--100

 

 
AllenFrankKoetjeRaczkowski
BairdGarciaKowallRichardville
BashamGarzaKuipersRichner
BirkholzGeigerKukukRivet
BisbeeGieleghemLaForgeRocca
BishopGilbertLaSataSanborn
BogardusGodchauxLawSchauer
BovinGosselinLemmonsScranton
BradstreetGreenLockwoodShackleton
BraterHagerMansSheltrown
BrewerHaleMartinezShulman
Brown, B.HanleyMeadSpade
Brown, C.HansenMiddaughStamas
BylHardmanMinoreSwitalski
CallahanHartMortimerTabor
CassisHowellNeumannTesanovich
CaulJacobsO'NeilToy
CherryJamnickPappageorgeVan Woerkom
Clark, I.JansenPattersonVander Roest
Clarke, H.JelinekPerriconeVaughn
DennisJellemaPestkaVear
DeRossettJohnson, RickPriceVoorhees
DeWeeseJohnson, RuthPrusiWojno
EhardtJulianPumfordWoodward
FaunceKellyQuarlesWoronchak

 

 

Nays--3

 

 

DeVuyst Reeves Rison

 

 

In The Chair: Scranton

 

 

The House agreed to the title of the bill.

 

 

House Bill No. 5041, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," (MCL 257.1 to 257.923) by adding section 811k.

(The bill was read a third time and postponed for the day on November 3, see House Journal No. 77, p. 2175.)

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. 988 Yeas--100

 

 
AllenFrankKoetjeRaczkowski
BairdGarciaKowallRichardville
BashamGarzaKuipersRichner
BirkholzGeigerKukukRivet
BisbeeGieleghemLaForgeRocca
BishopGilbertLaSataSanborn
BogardusGodchauxLawSchauer
BovinGosselinLemmonsScranton
BradstreetGreenLockwoodShackleton
BraterHagerMansSheltrown
BrewerHaleMartinezShulman
Brown, B.HanleyMeadSpade
Brown, C.HansenMiddaughStamas
BylHardmanMinoreSwitalski
CallahanHartMortimerTabor
CassisHowellNeumannTesanovich
CaulJacobsO'NeilToy
CherryJamnickPappageorgeVan Woerkom
Clark, I.JansenPattersonVander Roest
Clarke, H.JelinekPerriconeVaughn
DennisJellemaPestkaVear
DeRossettJohnson, RickPriceVoorhees
DeWeeseJohnson, RuthPrusiWojno
EhardtJulianPumfordWoodward
FaunceKellyQuarlesWoronchak

 

 

Nays--3

 

 

DeVuyst Reeves Rison

 

 

In The Chair: Scranton

 

 

The House agreed to the title of the bill.

House Bill No. 5042, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," (MCL 257.1 to 257.923) by adding section 811i.

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

 

 

Roll Call No. 989 Yeas--101

 

 
AllenGarciaKoetjeRaczkowski
BairdGarzaKowallRichardville
BashamGeigerKuipersRichner
BirkholzGieleghemKukukRivet
BisbeeGilbertLaForgeRocca
BishopGodchauxLaSataSanborn
BogardusGosselinLawSchauer
BovinGreenLemmonsScranton
BradstreetHagerLockwoodShackleton
BraterHaleMansSheltrown
BrewerHanleyMartinezShulman
Brown, B.HansenMeadSpade
Brown, C.HardmanMiddaughStamas
BylHartMinoreSwitalski
CallahanHowellMortimerTabor
CassisJacobsNeumannTesanovich
CaulJamnickO'NeilToy
Clark, I.JansenPappageorgeVan Woerkom
Clarke, H.JelinekPattersonVander Roest
DanielsJellemaPerriconeVaughn
DennisJohnson, RickPestkaVear
DeRossettJohnson, RuthPriceVoorhees
DeWeeseJulianPrusiWojno
EhardtKellyPumfordWoodward
FaunceKilpatrickQuarlesWoronchak

Frank

 

 

Nays--3

 

 

DeVuyst Reeves Rison

 

 

In The Chair: Scranton

 

 

The House agreed to the title of the bill.

 

 

Second Reading of Bills

 

 

House Bill No. 4458, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," (MCL 257.1 to 257.923) by adding section 803q.

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

The substitute (H-2) 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. Byl 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. 4458, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," (MCL 257.1 to 257.923) by adding section 803q.

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

 

 

Roll Call No. 990 Yeas--100

 

 
AllenFaunceKowallRichardville
BairdFrankKuipersRichner
BashamGeigerKukukRison
BirkholzGieleghemLaForgeRivet
BisbeeGilbertLaSataRocca
BishopGodchauxLawSanborn
BogardusGosselinLemmonsSchauer
BovinGreenLockwoodScranton
BradstreetHagerMansShackleton
BraterHaleMartinezSheltrown
BrewerHanleyMeadShulman
Brown, B.HansenMiddaughSpade
Brown, C.HartMinoreStamas
BylHowellMortimerSwitalski
CassisJacobsNeumannTabor
CaulJamnickO'NeilTesanovich
CherryJansenPappageorgeToy
Clark, I.JelinekPattersonVan Woerkom
Clarke, H.JellemaPerriconeVander Roest
DanielsJohnson, RickPestkaVaughn
DennisJohnson, RuthPriceVear
DeRossettJulianPrusiVoorhees
DeVuystKellyPumfordWojno
DeWeeseKilpatrickQuarlesWoodward
EhardtKoetjeRaczkowskiWoronchak

 

 

Nays--4

 

 

Callahan Garza Hardman Reeves

 

 

In The Chair: Scranton

 

 

The House agreed to the title of the bill.

 

 

______

 

 

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

The motion prevailed.

By unanimous consent the House returned to the order of

Reports of Standing Committees

 

 

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

Senate Bill No. 385, entitled

A bill to prohibit certain state agencies and certain local governmental units from placing certain information on certain documents; to impose certain duties on certain state officials; and to prescribe remedies and penalties.

With the recommendation that the substitute (H-3) be adopted and that the bill then pass.

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

 

 

Favorable Roll Call

 

SB 385 To Report Out:

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

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, November 4, 1999, at 9:00 a.m.,

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

 

 

The Committee on Appropriations, by Rep. Geiger, Chair, reported

House Bill No. 5088, entitled

A bill to require tobacco product manufacturers to place funds in escrow for medical expenses incurred by the state due to tobacco related illnesses; to establish a formula for determining the amount of the escrow; to establish the conditions for release of funds from escrow; to prescribe powers and duties of the attorney general; and to provide for civil penalties for violation of this act.

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 5088 To Report Out:

Yeas: Reps. Geiger, Jellema, Cameron Brown, Byl, Caul, Godchaux, Jelinek, Kukuk, LaSata, Mead, Mortimer, Pappageorge, Pumford, Scranton, Stamas, Price, Cherry, Frank, Kelly, Pestka, Prusi, Tesanovich,

Nays: None.

 

 

COMMITTEE ATTENDANCE REPORT

 

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

Meeting held on: Wednesday, November 3, 1999, at 10:00 a.m.,

Present: Reps. Geiger, Jellema, Cameron Brown, Byl, Caul, Godchaux, Jansen, Jelinek, Kukuk, LaSata, Mead, Mortimer, Pappageorge, Pumford, Scranton, Stamas, Price, Cherry, Clarke, Frank, Kelly, Martinez, Pestka, Prusi, Stallworth, Tesanovich,

Absent: Rep. Toy,

Excused: Rep. Toy.

 

 

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

House Bill No. 4154, entitled

A bill to amend 1929 PA 48, entitled "An act levying a specific tax to be known as the severance tax upon all producers engaged in the business of severing oil and gas from the soil; prescribing the method of collecting the tax; requiring all producers of such products or purchasers thereof to make reports; to provide penalties; to provide exemptions and refunds; to prescribe the disposition of the funds so collected; and to exempt those paying such specific tax from certain other taxes," by amending section 14 (MCL 205.314), as amended by 1994 PA 307.

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 4154 To Report Out:

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

Nays: Rep. Callahan.

 

 

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

House Bill No. 4155, entitled

A bill to amend 1929 PA 48, entitled "An act levying a specific tax to be known as the severance tax upon all producers engaged in the business of severing oil and gas from the soil; prescribing the method of collecting the tax; requiring all producers of such products or purchasers thereof to make reports; to provide penalties; to provide exemptions and refunds; to prescribe the disposition of the funds so collected; and to exempt those paying such specific tax from certain other taxes," by amending section 14 (MCL 205.314), as amended by 1994 PA 307.

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 4155 To Report Out:

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

Nays: Rep. Callahan.

 

 

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

House Bill No. 4651, entitled

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

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 4651 To Report Out:

Yeas: Reps. DeVuyst, Tabor, DeRossett, Allen, Green, Kowall, Middaugh, Patterson, Sanborn, Mans, Sheltrown,

Nays: Reps. Brater, Gieleghem.

 

 

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

Senate Bill No. 462, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 2521; and to repeal acts and parts of acts.

With the recommendation that the bill pass.

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

 

 

Favorable Roll Call

 

SB 462 To Report Out:

Yeas: Reps. DeVuyst, Tabor, DeRossett, Allen, Green, Middaugh, Patterson, Callahan, Basham, Brater, Gieleghem, 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, November 4, 1999, at 8:00 a.m.,

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

 

 

The Committee on Veterans Affairs, by Rep. Richardville, Chair, reported

House Bill No. 4776, entitled

A bill to create a veterans speakers program within the department of military and veterans affairs; and to prescribe duties for certain state officials.

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 4776 To Report Out:

Yeas: Reps. Richardville, Ehardt, Garcia, Mans,

Nays: None.

 

 

The Committee on Veterans Affairs, by Rep. Richardville, Chair, reported

House Resolution No. 214.

A resolution to memorialize the Congress of the United States to enact legislation permitting military retirees to receive disability compensation for service injuries without any reduction in retirement pay.

(For text of resolution, see House Journal No. 76, p. 2155.)

With the recommendation that the resolution be adopted.

The Speaker announced that under Rule 77 the resolution would lie over one day.

 

 

Favorable Roll Call

 

HR 214 To Report Out:

Yeas: Reps. Richardville, Ehardt, Allen, Garcia, 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: Thursday, November 4, 1999, at 9:00 a.m.,

Present: Reps. Richardville, Ehardt, Allen, Garcia, Bovin, Mans,

Absent: Rep. Schermesser,

Excused: Rep. Schermesser.

 

 

The Committee on Great Lakes and Tourism, by Rep. Shackleton, Chair, reported

House Bill No. 5053, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 43534 (MCL 324.43534), as added by 1995 PA 57.

With the recommendation that the bill pass.

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

 

 

Favorable Roll Call

 

HB 5053 To Report Out:

Yeas: Reps. Shackleton, Van Woerkom, Birkholz, Bisbee, Hager, Gilbert, Kowall, Middaugh, Woronchak, Neumann, Lockwood, Rivet, Sheltrown, Woodward,

Nays: None.

COMMITTEE ATTENDANCE REPORT

 

The following report, submitted by Rep. Shackleton, Chair of the Committee on Great Lakes and Tourism, was received and read:

Meeting held on: Thursday, November 4, 1999, at 10:30 a.m.,

Present: Reps. Shackleton, Van Woerkom, Birkholz, Bisbee, Hager, Gilbert, Kowall, Middaugh, Woronchak, Neumann, Lockwood, Rivet, Sheltrown, Woodward,

Absent: Reps. Richardville, Clark, Hale,

Excused: Reps. Richardville, Clark, Hale.

 

 

The Committee on Employment Relations, Training and Safety, by Rep. Gosselin, Chair, reported

Senate Bill No. 198, entitled

A bill to prohibit governmental entities from requiring individuals to reside within certain geographic areas or specified distances or travel times from their place of employment as a condition of employment or promotion.

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

 

SB 198 To Report Out:

Yeas: Reps. Gosselin, Kuipers, DeWeese, Raczkowski,

Nays: None.

 

 

COMMITTEE ATTENDANCE REPORT

 

The following report, submitted by Rep. Gosselin, Chair of the Committee on Employment Relations, Training and Safety, was received and read:

Meeting held on: Wednesday, November 3, 1999, at 9:00 a.m.,

Present: Reps. Gosselin, Kuipers, DeWeese, Raczkowski, Dennis, LaForge, Switalski.

 

 

The Committee on Constitutional Law and Ethics, by Rep. Bishop, Chair, reported

House Bill No. 4523, entitled

A bill to amend 1976 PA 388, entitled "Michigan campaign finance act," by amending sections 33 and 35 (MCL 169.233 and 169.235), section 33 as amended by 1995 PA 264 and section 35 as amended by 1989 PA 95.

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 4523 To Report Out:

Yeas: Reps. Bishop, Patterson, Bradstreet, Green, Rocca, Vaughn, Brater, Garza,

Nays: Rep. Lemmons.

 

 

The Committee on Constitutional Law and Ethics, by Rep. Bishop, Chair, reported

House Bill No. 5054, entitled

A bill to amend 1954 PA 116, entitled "Michigan election law," by amending sections 2, 42, 73, 74, 283, 284, 393, 394, 544b, 662, 686, 686a, 759a, and 879 (MCL 168.2, 168.42, 168.73, 168.74, 168.283, 168.284, 168.393, 168.394, 168.544b, 168.662, 168.686, 168.686a, 168.759a, and 168.879), section 284 as amended by 1990 PA 7, sections 662 and 759a as amended by 1996 PA 207, section 686a as amended by 1988 PA 116, and section 879 as amended by 1995 PA 261, and by adding section 30; 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 5054 To Report Out:

Yeas: Reps. Bishop, Patterson, Bradstreet, Green, Rocca, Vaughn, Brater,

Nays: Rep. Lemmons.

 

 

The Committee on Constitutional Law and Ethics, by Rep. Bishop, Chair, reported

House Bill No. 5055, entitled

A bill to amend 1954 PA 116, entitled "Michigan election law," by amending sections 558, 826, 841, and 933 (MCL 168.558, 168.826, 168.841, and 168.933), sections 558 and 993 as amended by 1997 PA 137 and sections 826 and 841 as amended by 1995 PA 261.

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 5055 To Report Out:

Yeas: Reps. Bishop, Patterson, Bradstreet, Green, Rocca, Brater,

Nays: Reps. Vaughn, Lemmons.

 

 

The Committee on Constitutional Law and Ethics, by Rep. Bishop, Chair, reported

House Bill No. 5056, entitled

A bill to amend 1976 PA 388, entitled "Michigan campaign finance act," by amending sections 16 and 32 (MCL 169.216 and 169.232), section 16 as amended by 1992 PA 188 and section 32 as amended by 1995 PA 264.

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 5056 To Report Out:

Yeas: Reps. Bishop, Patterson, Bradstreet, Green, Rocca, Brater,

Nays: Rep. Vaughn.

 

 

The Committee on Constitutional Law and Ethics, by Rep. Bishop, Chair, reported

House Bill No. 5057, entitled

A bill to amend 1976 PA 388, entitled "Michigan campaign finance act," by amending sections 15, 16, 33, 34, and 35 (MCL 169.215, 169.216, 169.233, 169.234, and 169.235), section 15 as amended by 1996 PA 590, section 16 as amended by 1992 PA 188, section 33 as amended by 1995 PA 264, and sections 34 and 35 as amended by 1989 PA 95.

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 5057 To Report Out:

Yeas: Reps. Bishop, Patterson, Bradstreet, Green, Rocca,

Nays: Reps. Vaughn, Brater, Lemmons.

 

 

The Committee on Constitutional Law and Ethics, by Rep. Bishop, Chair, reported

House Bill No. 5058, entitled

A bill to amend 1976 PA 388, entitled "Michigan campaign finance act," by amending section 15 (MCL 169.215), as amended by 1996 PA 590.

With the recommendation that the bill pass.

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

Favorable Roll Call

 

HB 5058 To Report Out:

Yeas: Reps. Bishop, Patterson, Bradstreet, Green, Rocca,

Nays: Rep. Vaughn.

 

 

The Committee on Constitutional Law and Ethics, by Rep. Bishop, Chair, reported

House Bill No. 5060, entitled

A bill to amend 1954 PA 116, entitled "Michigan election law," by amending sections 53, 71, 161, 163, 191, 193, 224, 254, 281, 322, 342, 349, 391, 404, 409, 409b, 409l, 411, 413, 424, 424a, 426b, 426d, 431, 433, 444, 467, 467b, 467m, 544c, 544d, 624, 644f, 667, 685, and 795 (MCL 168.53, 168.71, 168.161, 168.163, 168.191, 168.193, 168.224, 168.254, 168.281, 168.322, 168.342, 168.349, 168.391, 168.404, 168.409, 168.409b, 168.409l, 168.411, 168.413, 168.424, 168.424a, 168.426b, 168.426d, 168.431, 168.433, 168.444, 168.467, 168.467b, 168.467m, 168.544c, 168.544d, 168.624, 168.644f, 168.667, 168.685, and 168.795), sections 53, 163, 193, 224, 254, 322, 349, 409b, 413, 426d, 433, 467b, and 624 as amended by 1996 PA 583, sections 71, 161, 191, 281, 342, 391, 409, 411, 426b, 431, and 467 as amended by 1982 PA 505, sections 409l, 424, 424a, 444, and 467m as amended by 1990 PA 32, section 544c as amended by 1993 PA 137, section 544d as amended by 1988 PA 116, section 644f as amended by 1990 PA 7, section 685 as amended by 1990 PA 329, and section 795 as amended by 1998 PA 21, and by adding section 544f; and to repeal acts and parts of acts.

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 5060 To Report Out:

Yeas: Reps. Bishop, Patterson, Bradstreet, Green, Rocca,

Nays: Reps. Vaughn, Brater, Garza, Lemmons.

 

 

The Committee on Constitutional Law and Ethics, by Rep. Bishop, Chair, reported

House Bill No. 5061, entitled

A bill to amend 1954 PA 116, entitled "Michigan election law," by amending sections 471, 472a, 474a, 475, 476, 477, 544c, 552, 961, and 961a (MCL 168.471, 168.472a, 168.474a, 168.475, 168.476, 168.477, 168.544c, 168.552, 168.961, and 168.961a), section 544c as amended by 1993 PA 137, section 552 as amended by 1990 PA 7, and sections 961 and 961a as amended by 1982 PA 456, and by adding sections 9a and 473b.

With the recommendation that the substitute (H-3) be adopted and that the bill then pass.

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

 

 

Favorable Roll Call

 

HB 5061 To Report Out:

Yeas: Reps. Bishop, Patterson, Bradstreet, Green, Rocca,

Nays: Reps. Vaughn, Brater, Garza, Lemmons.

 

 

The Committee on Constitutional Law and Ethics, by Rep. Bishop, Chair, reported

House Bill No. 5064, entitled

A bill to amend 1954 PA 116, entitled "Michigan election law," by amending sections 31, 476, 552, 961a, and 963 (MCL 168.31, 168.476, 168.552, 168.961a, and 168.963), section 31 as amended by 1998 PA 215, section 552 as amended by 1990 PA 7, and sections 961a and 963 as amended by 1982 PA 456.

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 5064 To Report Out:

Yeas: Reps. Bishop, Patterson, Bradstreet, Green, Rocca, Lemmons,

Nays: Rep. Vaughn.

COMMITTEE ATTENDANCE REPORT

 

The following report, submitted by Rep. Bishop, Chair of the Committee on Constitutional Law and Ethics, was received and read:

Meeting held on: Wednesday, November 3, 1999, at 4:12 p.m.,

Present: Reps. Bishop, Patterson, Bradstreet, Green, Rocca, Vaughn, Brater, Garza, Lemmons.

 

 

COMMITTEE ATTENDANCE REPORT

 

The following report, submitted by Rep. Green, Chair of the Committee on Agriculture and Resource Management, was received and read:

Meeting held on: Wednesday, November 3, 1999, at 4:00 p.m.,

Present: Reps. Green, Julian, Bradstreet, DeRossett, DeVuyst, Ehardt, Howell, Koetje, Vear, Brater, Bogardus, Hansen, LaForge, Rivet, Sheltrown, Spade,

Absent: Rep. Rick Johnson,

Excused: Rep. Rick Johnson.

 

 

COMMITTEE ATTENDANCE REPORT

 

The following report, submitted by Rep. Hart, Chair of the Committee on Family and Children Services, was received and read:

Meeting held on: Thursday, November 4, 1999, at 8:30 a.m.,

Present: Reps. Hart, Cassis, LaForge, Gieleghem, Hardman, Jacobs,

Absent: Reps. DeRossett, Law, Shulman,

Excused: Reps. DeRossett, Law, Shulman.

 

 

Announcement by the Clerk of Printing and Enrollment

 

 

The Clerk announced that the following bills had been printed and placed upon the files of the members, Thursday, November 4:

House Bill Nos. 5093 5094 5095

 

The Clerk announced that the following Senate bills had been received on Thursday, November 4:

Senate Bill Nos. 831 832 833 834 838 839 855 856

 

By unanimous consent the House returned to the order of

Messages from the Senate

 

 

House Bill No. 4656, entitled

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

The Senate has substituted (S-1) the bill.

The Senate has passed the bill as substituted (S-1) and pursuant to Joint Rule 20, inserted the full title.

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

 

 

Senate Bill No. 831, entitled

A bill to amend 1909 PA 278, entitled "The home rule village act," by amending section 23 (MCL 78.23), as amended by 1982 PA 373.

The Senate has passed the bill.

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

Senate Bill No. 832, entitled

A bill to amend 1945 PA 246, entitled "An act to authorize township boards to adopt ordinances and regulations to secure the public health, safety and general welfare; to provide for the establishment of a township police department; to provide for policing of townships by certain law enforcement officers and agencies; to provide for the publication of ordinances; to prescribe powers and duties of township boards and certain local and state officers and agencies; to provide sanctions; and to repeal all acts and parts of acts in conflict with the act," by amending sections 1, 4, and 5 (MCL 41.181, 41.184, and 41.185), section 1 as amended by 1994 PA 315, section 4 as amended by 1994 PA 14, and section 5 as added by 1989 PA 78.

The Senate has passed the bill.

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

 

 

Senate Bill No. 833, entitled

A bill to amend 1895 PA 3, entitled "The general law village act," by amending section 4 of chapter VI (MCL 66.4), as amended by 1998 PA 255.

The Senate has passed the bill.

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

 

 

Senate Bill No. 834, entitled

A bill to amend 1909 PA 279, entitled "The home rule city act," by amending section 3 (MCL 117.3), as amended by 1993 PA 207.

The Senate has passed the bill.

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

 

 

Senate Bill No. 838, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," (MCL 750.1 to 750.568) by adding section 227g.

The Senate has passed the bill.

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

 

 

Senate Bill No. 839, entitled

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

The Senate has passed the bill.

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

 

 

Senate Bill No. 855, entitled

A bill to amend 1925 PA 289, entitled "An act to create a bureau of criminal identification and records within the department of state police; to require peace officers, persons in charge of certain institutions, and others to make reports respecting juvenile offenses, crimes, and criminals to the state police; to require the fingerprinting of an accused by certain persons; and to provide penalties for violation of this act," by amending section 3 (MCL 28.243), as amended by 1999 PA 77.

The Senate has passed the bill.

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

 

 

Senate Bill No. 856, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 219, 222, 233, 240, 319, 605, and 904d (MCL 257.219, 257.222, 257.233, 257.240, 257.319, 257.605, and 257.904d), sections 219, 233, and 605 as amended by 1999 PA 73, section 222 as amended by 1993 PA 300, section 319 as amended by 1999 PA 118, and section 904d as amended by 1999 PA 51.

The Senate has passed the bill.

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

Notices

 

 

Public Hearing Cancelled

 

Committee on Agriculture and Resource Management

Date: Friday, November 5, 1999

Time: 8:00 a.m.

Place: Monitor Sugar Plant, Bay City, Michigan

Rep. Green,

Chair

Agenda: Tour of Monitor Sugar Plant

Agenda: and any/or all business properly before this committee.

 

 

Communications from State Officers

 

 

The following communications from the Auditor General were received and read:

 

November 3, 1999

Enclosed is a copy of the following audit report and/or executive digest:

Performance Audit of the

Standish Maximum Security Correctional Facility

and Camp Lehman

Department of Corrections

October 1999

 

November 3, 1999

Enclosed is a copy of the following audit report and/or executive digest:

Performance Audit of

Vehicle and Travel Services

Department of Management and Budget

November 1999

Sincerely,

Thomas H. McTavish, C.P.A.

Auditor General

The communications were referred to the Clerk and the accompanying reports referred to the Committee on House Oversight and Operations.

 

 

Introduction of Bills

 

 

Reps. Cherry, Rivet, Gieleghem, Minore, Sheltrown and Dennis introduced

House Bill No. 5096, entitled

A bill to amend 1976 PA 388, entitled "Michigan campaign finance act," by amending section 52 (MCL 169.252), as amended by 1996 PA 590.

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

 

 

Reps. Rivet, Cherry and Gieleghem introduced

House Bill No. 5097, entitled

A bill to amend 1976 PA 388, entitled "Michigan campaign finance act," by amending sections 3, 5, and 57 (MCL 169.203, 169.205, and 169.257), section 3 as amended by 1989 PA 95, section 5 as amended by 1995 PA 264, and section 57 as amended 1996 PA 590.

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

Rep. Jamnick introduced

House Bill No. 5098, entitled

A bill to amend 1923 PA 116, entitled "Township and village improvement and public service act," by amending section 1 (MCL 41.411), as amended by 1989 PA 82.

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

 

 

Rep. Jamnick introduced

House Bill No. 5099, entitled

A bill to amend 1954 PA 188, entitled "An act to provide for the making of certain improvements by townships; to provide for paying for the improvements by the issuance of bonds; to provide for the levying of taxes; to provide for assessing the whole or a part of the cost of improvements against property benefited; and to provide for the issuance of bonds in anticipation of the collection of special assessments and for the obligation of the township on the bonds," by amending section 2 (MCL 41.722), as amended by 1995 PA 139.

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

 

 

Reps. Brewer, Bovin, Kelly and Neumann introduced

House Bill No. 5100, entitled

A bill to amend 1973 PA 196, entitled "An act to prescribe standards of conduct for public officers and employees; to create a state board of ethics and prescribe its powers and duties; and to prescribe remedies and penalties," by amending the title and section 5 (MCL 15.345), the title as amended by 1980 PA 481, and by adding section 2f.

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

 

 

Reps. Brewer, Bovin, Hale, Daniels, Kelly and Neumann introduced

House Bill No. 5101, entitled

A bill to amend 1984 PA 431, entitled "The management and budget act," (MCL 18.1101 to 18.1594) by adding section 270.

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

 

 

Reps. Brewer, Bovin and Neumann introduced

House Bill No. 5102, entitled

A bill to amend 1984 PA 431, entitled "The management and budget act," (MCL 18.1101 to 18.1594) by adding section 262a.

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

 

 

Rep. Callahan introduced

House Bill No. 5103, entitled

A bill to amend 1939 PA 176, entitled "An act to create a commission relative to labor disputes, and to prescribe its powers and duties; to provide for the mediation and arbitration of labor disputes, and the holding of elections thereon; to regulate the conduct of parties to labor disputes and to require the parties to follow certain procedures; to regulate and limit the right to strike and picket; to protect the rights and privileges of employees, including the right to organize and engage in lawful concerted activities; to protect the rights and privileges of employers; to make certain acts unlawful; and to prescribe means of enforcement and penalties for violations of this act," by amending section 22 (MCL 423.22).

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

 

 

Reps. Baird, Basham, Martinez, Wojno, DeHart, Brater, Bogardus, Woodward, LaForge, Scranton, Schauer, Switalski, Hale, Gieleghem, Jacobs and Minore introduced

House Bill No. 5104, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending section 2619 (MCL 333.2619), as added by 1984 PA 82.

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

Rep. Hart moved that the House adjourn.

The motion prevailed, the time being 2:40 p.m.

 

Associate Speaker Pro Tempore Scranton declared the House adjourned until Tuesday, November 9, at 2:00 p.m.

 

 

GARY L. RANDALL

Clerk of the House of Representatives.