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

 

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

 

 

Agee--present

Alley--present

Anthony--present

Baade--present

Baird--present

Bankes--excused

Basham--present

Birkholz--present

Bobier--present

Bodem--present

Bogardus--present

Brackenridge--present

Brater--present

Brewer--present

Brown--present

Byl--present

Callahan--present

Cassis--present

Cherry--present

Ciaramitaro--present

Crissman--present

Cropsey--present

Curtis--present

Dalman--present

DeHart--present

DeVuyst--present

Dobb--present

Dobronski--present

Emerson--present

Fitzgerald--present

Frank--present

Freeman--present

Gagliardi--present

Galloway--present

Geiger--present

Gernaat--present

Gilmer--present

Gire--present

Godchaux--present

Goschka--e/d/s

Green--present

Griffin--e/d/s

Gubow--present

Gustafson--present

Hale--excused

Hammerstrom--present

Hanley--present

Harder--present

Hertel--excused

Hood--present

Horton--present

Jansen--excused

Jaye--present

Jelinek--present

Jellema--present

Johnson--present

Kaza--present

Kelly--present

Kilpatrick--present

Kukuk--present

LaForge--present

Law--present

Leland--present

LeTarte--present

Llewellyn--present

London--present

Lowe--present

Mans--present

Martinez--present

Mathieu--present

McBryde--present

McManus--excused

McNutt--present

Middaugh--present

Middleton--present

Murphy--present

Nye--present

Olshove--present

Owen--present

Oxender--present

Palamara--present

Parks--e/d/s

Perricone--present

Price--present

Profit--present

Prusi--present

Quarles--present

Raczkowski--present

Rhead--present

Richner--present

Rison--excused

Rocca--present

Schauer--present

Schermesser--present

Schroer--present

Scott--present

Scranton--present

Sikkema--present

Stallworth--present

Tesanovich--present

Thomas--present

Varga--present

Vaughn--present

Voorhees--present

Walberg--present

Wallace--present

Wetters--present

Whyman--present

Willard--present

Wojno--present

 

 

e/d/s = entered during session

Father Brian Stanley, from St. Monica's Church in Kalamazoo, offered the following invocation:

 

"Blessed are You Lord, God of all creation, who's goodness fills our hearts with joy. Blessed are You who have brought us together this day to work in harmony and peace. Strengthen us with Your grace and wisdom especially as we promote, defend and respect human life from conception to natural and unassisted end. Aid us with Your constant help and let us glorify You now and forever. Amen."

 

 

 

 

Rep. Dobronski moved that Reps. Hertel, Hale and Rison be excused from today's session.

The motion prevailed.

 

Rep. Hammerstrom moved that Reps. Jansen, McManus and Bankes be excused from today's session.

The motion prevailed.

 

 

 

 

The Speaker of the House, on behalf of the entire membership of the House of Representatives, offered the following resolution:

House Resolution No. 148.

A resolution of tribute offered as a memorial for James Bradley.

Whereas, With deep appreciation for the legacy of service he has left this state, we honor the memory of James Bradley. Through his two decades as a state representative and his two decades as the Detroit City Clerk, Mr. Bradley set standards of commitment and service that will long strengthen our state. We offer our condolences to his beloved family on his passing; and

Whereas, James Bradley came to Michigan from Hope, Arkansas, as a young man. He worked for Ford, in real estate, and as a furniture store owner before his true calling in public service was answered in response to the urgings of others. In 1953, he put his strong sense of community involvement to work in his successful election as Wayne County Constable. This began an era of forty years of devotion to others in the demanding role of elective office; and

Whereas, From 1955 until 1973, James Bradley served as the voice of his constituents in the Michigan House of Representatives. His career as a lawmaker was marked by his unswerving attention to their needs. During his service, great changes took place in Michigan, in the institution of government with the implementation of our new constitution, and in the arena of civil rights. James Bradley helped shape these changes in a positive fashion; and

Whereas, Following his distinguished work in Lansing, Mr. Bradley became the first African American to be elected as the Detroit City Clerk in 1973. In this demanding position, he channeled his talents and principles to expanding access to the heart of our democracy, the elections process. His twenty years as clerk were marked by numerous innovations, including encouragements in voter registration, absentee voter applications, and sample ballots. Clearly, James Bradley gave gifts to Michigan and Detroit that will never be forgotten; now, therefore, be it

Resolved by the House of Representatives, That we offer this expression of our highest tribute in memory of James Bradley; and be it further

Resolved, That copies of this resolution be transmitted to Mr. Bradley's beloved wife, Ethel, and their entire family as evidence of our deepest condolences.

The question being on the adoption of the resolution,

The resolution was adopted by a unanimous standing vote.

 

 

 

 

Senate Bill No. 19, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 32312a.

The bill was read a second time.

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

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

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

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

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

House Bill No. 4951, entitled

A bill to amend 1954 PA 116, entitled "Michigan election law," by amending section 677 (MCL 168.677), as amended by 1996 PA 583.

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

The substitute (H-1) was adopted, a majority of the members serving voting therefor.

Rep. Hammerstrom 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. 4355, 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 1a (MCL 28.241a), as amended by 1996 PA 259.

The bill was read a second time.

Rep. Owen 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. 4655, entitled

A bill to amend 1982 PA 294, entitled "Friend of the court act," by amending section 9 (MCL 552.509), as amended by 1996 PA 365.

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

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

Rep. Varga moved to amend the bill as follows:

1. Amend page 2, following line 17, by inserting:

"Enacting section 1. This amendatory act takes effect June 1, 1998.".

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

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

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

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

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

 

 

 

 

Rep. Goschka entered the House Chambers.

 

By unanimous consent the House returned to the order of

 

 

House Bill No. 4655, entitled

A bill to amend 1982 PA 294, entitled "Friend of the court act," by amending section 9 (MCL 552.509), as amended by 1996 PA 365.

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

 

 

Roll Call No. 821 Yeas--93

 

 

DeVuyst

 

 

Nays--0

 

 

In The Chair: Gire

 

 

The House agreed to the title of the bill.

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

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

 

 

Rep. Gagliardi moved that House Bill No. 4355 be placed on its immediate passage.

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

 

House Bill No. 4355, 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 1a (MCL 28.241a), as amended by 1996 PA 259.

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

 

 

Roll Call No. 822 Yeas--96

 

 

 

 

Nays--0

 

 

In The Chair: Gire

 

 

The House agreed to the title of the bill.

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

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

 

 

 

 

Rep. Parks entered the House Chambers.

 

 

Rep. Gagliardi moved that House Bill No. 4951 be placed on its immediate passage.

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

 

House Bill No. 4951, entitled

A bill to amend 1954 PA 116, entitled "Michigan election law," by amending section 677 (MCL 168.677), as amended by 1996 PA 583.

The bill was read a third time.

The question being on the passage of the bill,

After debate,

Rep. Griffin demanded the previous question.

The demand was supported.

The question being, "Shall the main question now be put?"

The previous question was ordered.

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. 823 Yeas--89

 

 

Dobb

 

 

Nays--11

 

 

 

 

In The Chair: Gire

 

 

The House agreed to the title of the bill.

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

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

 

 

 

 

Rep. Gagliardi moved that when the House adjourns today it stand adjourned until Tuesday, October 14, at 2:00 p.m.

The motion prevailed.

 

By unanimous consent the House returned to the order of

 

 

Reps. Wojno, Dobronski, Green, Kukuk, LaForge, Gilmer, DeVuyst, Lowe, Gernaat, Voorhees, Callahan, Cassis, Baade, Martinez, Freeman, Kelly, Cherry, Baird, Dalman, Scranton, Tesanovich, Anthony, Gubow, Palamara, Hanley, Llewellyn, Middaugh, Birkholz, Richner, Kaza, Brater, Bogardus, Goschka, McNutt, Brackenridge, Dobb, Galloway, Oxender, Horton, Hood, Schermesser, Wetters and Parks offered the following resolution:

House Resolution No. 149.

A resolution honoring Colleen Howe, "Mrs. Hockey^™".

Whereas, It is with great pleasure that we join with the citizens of this state and hockey fans everywhere in recognizing Colleen Howe, "Mrs. Hockey^™" for her accomplishments as professional sports builder, manager and humanitarian. Colleen Howe is perhaps best known as the wife and business partner of all-time hockey great Gordie Howe^®. In addition to her famous marriage partner, she has two outstanding sons, Marty and Mark, who established their own outstanding professional hockey careers; and

Whereas, Gordie and Colleen have been husband and wife, as well as business partners, for forty-four years. Colleen is the President of Power Play International and Power Play Publications, Inc., which oversees all facets of her and Gordie's unprecedented careers. Colleen's next five year program will be to establish a Howe Hall of History to include the hundreds of artifacts she has preserved as the family historian; and

Whereas, Colleen Howe has been active all her life in humanitarian, community and business affairs in Michigan. She was born in Michigan and completed her schooling here in Detroit. Colleen is a fighter of injustice and suffering who still takes the time to involve herself with needs of former players and their families. Colleen, always wanting to serve society, ran for U.S. Congress in Connecticut in 1993 and took her opponent to a special election; and

Whereas, As the first woman professional manager in sports, Colleen Howe has paved the way for women who are interested in entering the sports business. She was the founder and developer of the Detroit Junior Red Wings, the first junior hockey program in the United States. Colleen's entrepreneurial insights paved the way for Gordie and their two sons, Mark and Marty, to become the first professional father and sons to play on the same team for seven years; and

Whereas, Colleen has served deserving projects for many years on the boards of such organizations as Michigan 4-H Foundation and the March of Dimes of Detroit. In 1993, Colleen developed a sixty-five-city 65th Birthday Tribute Tour which served to raise nearly one million dollars for various charities. As the tour's spokesperson, she spread word of the newly formed Howe Foundation whose mission is to improve the quality of life of children and adults; now, therefore, be it

Resolved by the House of Representatives, That the people of Michigan salute Colleen Howe for her community achievements and her success as manager of her family and her husband, Gordie Howe^®. We wish her the best of luck and encouragement as she continues her efforts to improve the quality of life for children and adults. We are proud to have her as a resident of Michigan, the Great Lakes State; and be it further

Resolved, That a copy of this resolution be transmitted to Colleen Howe, "Mrs. Hockey^™" as evidence of our esteem.

Pending the reference of the resolution to a committee,

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

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

The question being on the adoption of the resolution,

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

 

 

Reps. Wojno, Dobronski, Green, Kukuk, LaForge, Gilmer, DeVuyst, Lowe, Gernaat, Voorhees, Callahan, Cassis, Baade, Martinez, Freeman, Kelly, Cherry, Baird, Dalman, Scranton, Tesanovich, Anthony, Gubow, Palamara, Hanley, Llewellyn, Middaugh, Birkholz, Richner, Kaza, Brater, Bogardus, Goschka, McNutt, Brackenridge, Dobb, Galloway, Oxender, Horton, Hood, Schermesser, Wetters and Parks offered the following resolution:

House Resolution No. 150.

A resolution honoring Gordie Howe^®, "Mr. Hockey^™".

Whereas, That it is with great pleasure that we join with the citizens of this state and hockey fans everywhere in recognizing Gordie Howe^® for his accomplishment of playing professional hockey for six decades. Gordie Howe^® is the greatest all-around hockey player of all time, and truly one of the world's greatest athletes ever. We are proud to have him reside in the Great Lakes State; and

Whereas, Gordie Howe's^® first game with the Detroit Hockey Club was on October 16, 1946. He began his amateur career with the Galt Red Wing Junior Club at age 16. On October 8, 1946, he signed his first contract with the Detroit Red Wings. On October 29, 1947, he first wore #9 for the Detroit Red Wings. He went on to spend 25 of his 26 years in the National Hockey League as "Number 9" with The Detroit Red Wings Organization. In all, Gordie has played an amazing 32 seasons amassing more career goals, assists, and points than any other player in history. He has led the Red Wings to four Stanley Cup Championships, he also won the National Hockey League's scoring race and the National Hockey League's most valuable player award six times; and

Whereas, This is a very special year for the entire Howe family as they commemorate the 50th Anniversary of Gordie Howe's^® first pro season with the Detroit Hockey Club in 1946-47. Gordie and his wife, Colleen, are the parents of four children: Cathy, Mark, Marty and Murray. They are also the proud grandparents of nine grandchildren. In 1974, Gordie Howe^® became the first and only player ever to play professional hockey with his sons, and in 1980, he became the first grandfather to play professional hockey; and

Whereas, To literally millions of sports fans worldwide, Gordie Howe^® is "Mr. Hockey^™". Gordie Howe^® has donated countless hours to our youth through his hockey camps and other charitable works and has raised thousands of dollars for children through the Howe's nonprofit Howe Foundation. He and his wife, Colleen, "Mrs. Hockey^™," have raised more than $400,000 for a variety of charitable organizations in the past 17 months with the sales of their best-selling autobiography "and . . . HOWE!" and have traveled to sixty-five cities in 1993 to raise nearly one-million dollars during the yearlong 65th birthday celebration; and

Whereas, Gordie Howe^® has been a remarkable athlete, who has accomplished many "firsts" in his years. In 1973, in an unprecedented return to the ice, Gordie came out of retirement to become a player for the Houston Aeros of the World Hockey Association after already setting eleven NHL records. That year, he was voted the WHA's Most Valuable Player. He then took the new position for the Aeros of becoming the first player/president in hockey's history. His sons, Marty and Mark signed with the Aeros and they became the first father/son combination ever to be seen playing together in a major professional sport; and

Whereas, Gordie Howe^® has recently achieved the distinction of becoming the first professional hockey player to play in six decades. On October 3, 1997, "Mr. Hockey^™" skated for one game with the Detroit Vipers of the International Hockey League. This momentous occasion brought Gordie back to Detroit, the city that has a special meaning as the showcase for his talent throughout his spectacular career; now, therefore, be it

Resolved by the House of Representatives, That the people of Michigan salute Gordie Howe^® as an unprecedented athlete who has been an important part of hockey over the past six decades. His accomplishments on and off the ice deserve recognition and praise throughout our great state. He is an uncommon athlete and man, and his off ice talents as a gentleman and a charitable human being make us proud to have him as a resident of Michigan, the Great Lakes State; and be it further

Resolved, That a copy of this resolution be transmitted to Mr. Howe, "Mr. Hockey^™" as evidence of our esteem.

Pending the reference of the resolution to a committee,

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

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

The question being on the adoption of the resolution,

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

 

 

Rep. DeHart offered the following concurrent resolution:

House Concurrent Resolution No. 67.

A concurrent resolution to urge the Department of Natural Resources to impose a moratorium on any new leases of state land for oil and gas drilling or any lease renewals or expansions until the state develops and implements a uniform reporting system for determining royalties.

Whereas, Over the past year, it has become evident that there are serious irregularities in the way oil and gas royalties for minerals extracted from state lands are calculated. Investigations by the Department of Natural Resources, the Attorney General, and the Auditor General have demonstrated the severity of the underpayment to the people of this state. The state is owed millions of dollars by oil and gas interests; and

Whereas, A key factor in the underpayment to the state for minerals taken from public lands is the web of calculations connected to the process of obtaining and transporting oil and gas. Post production costs, various timings for measuring the product, and compressing and purifying gas leave too many opportunities for inconsistency and noncompliance with the letter and the spirit of the law; and

Whereas, A fundamental problem in determining how much royalties the state should receive is the lack of uniform reporting standards. This problem is not made easier by the several different units of government responsible for oversight of the oil and gas industry. Activities of the industry are reviewed by the Departments of Natural Resources, Treasury, Environmental Quality, and Agriculture and the Public Service Commission; and

Whereas, The gas and oil extracted from state lands belong to the people of this state. The royalties paid for these minerals go to the Natural Resources Trust Fund for land for conservation and recreation purposes. It is incumbent upon the officers and agencies of state government to ensure that the citizens receive every dollar of compensation for their minerals; now, therefore, be it

Resolved by the House of Representatives (the Senate concurring), That we urge the Department of Natural Resources to impose a moratorium on any new leases of state land for oil and gas drilling or any lease renewals or expansions until the state develops and implements a uniform reporting system for determining royalties; and be it further

Resolved, That copies of this resolution be transmitted to the Natural Resources Commission and the Department of Natural Resources.

The concurrent resolution was referred to the Committee on House Oversight and Ethics.

 

 

 

 

The Clerk announced that the following bills had been printed and placed upon the files of the members, Tuesday, October 7:

Senate Bill Nos. 722 723 724 725 726 727 728 729 730 731 741 743 744 745 746

 

The Clerk announced that the following bills had been printed and placed upon the files of the members, Thursday, October 9:

House Bill Nos. 5250 5251

 

The Clerk announced that the following Senate bills had been received on Thursday, October 9:

Senate Bill Nos. 139 546 695

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Reps. Brater, Freeman, Schermesser, Bogardus, Kaza, Martinez, DeHart, Hale, Gire, Willard, Goschka, Ciaramitaro, Scott, Quarles, Hood, Anthony, Hanley and Parks introduced

House Bill No. 5263, entitled

A bill to amend 1980 PA 469, entitled "The whistleblowers' protection act," by amending section 2 (MCL 15.362).

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

 

 

Reps. Brater, Schermesser, Bogardus, Schroer, Gire, Ciaramitaro, Scott, Quarles, Hood, Hanley, Gilmer, Parks and Richner introduced

House Bill No. 5264, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," (MCL 257.1 to 257.923) by adding section 709a.

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

 

By unanimous consent the House returned to the order of

 

 

The Committee on Corrections, by Rep. Freeman, Chair, reported

House Bill No. 4264, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 411i (MCL 750.411i), as added by 1992 PA 261.

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.

 

 

 

HB 4264 To Report Out:

Yeas: Reps. Freeman, Mans, Agee, Callahan, DeHart, Galloway, Nye,

Nays: None.

 

 

 

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

Meeting held on: Thursday, October 9, 1997, at 8:30 a.m.,

Present: Reps. Freeman, Mans, Agee, Callahan, DeHart, Galloway, Nye,

Absent: Reps. Jaye, Perricone,

Excused: Rep. Perricone.

 

 

The Committee on Regulatory Affairs, by Rep. Varga, Chair, reported

House Bill No. 4979, entitled

A bill to authorize the department of natural resources to convey certain state owned property in Crawford county; to prescribe conditions for the conveyance; and to provide for disposition of the revenue from the conveyance.

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.

 

 

 

HB 4979 To Report Out:

Yeas: Reps. Varga, Wojno, Anthony, Leland, Quarles, Fitzgerald, Jaye, Rocca, Scranton, Voorhees,

Nays: None.

 

 

The Committee on Regulatory Affairs, by Rep. Varga, Chair, reported

House Bill No. 5058, entitled

A bill to authorize the department of natural resources to convey certain state owned property in Mackinac county; to prescribe conditions for the conveyance; and to provide for disposition of the revenue derived from the conveyance.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Whereas, From October 15-19, 1997, the delegation from Poland will be in Michigan to participate in a broad range of programs; and

Whereas, The delegates will be meeting with leaders from across the state to learn of the many different aspects of Michigan government and engage in candid exchanges with senior government officials, representatives from all major political parties, industry executives and community leaders on a wide range of political, cultural and economic issues; and

Whereas, We recognize the following individuals for their participation in this program: Lidia Kolucka, Zbigniew Bukowski, Marcin Lenski, Dariusz Gawin, Pawel Poncyliusz, Piotr Kedzierski, Piotr Migdalski, Lukasz Pawlowski and Mateusz Walasek; and

Whereas, We commend all who have contributed to the arrival of the delegation from Poland and we are honored with their visit to the Michigan Legislature; now, therefore, be it

Resolved by the Senate (the House of Representatives concurring), That we honor the American Council of Young Political Leaders and the delegation from Poland; and be it further

Resolved, That copies of this resolution be transmitted to the coordinators of this observance and to the Office of the Governor of Michigan.

The Senate has adopted the concurrent resolution.

Pending the reference of the concurrent resolution to a committee,

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

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

The question being on the adoption of the concurrent resolution,

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

 

 

 

 

Rep. Rhead moved that the House adjourn.

The motion prevailed, the time being 1:25 p.m.

 

The Associate Speaker Pro Tempore declared the House adjourned until Tuesday, October 14, at 2:00 p.m.