No. 80
JOURNAL OF THE HOUSE
House Chamber, Lansing, Thursday, October 16, 1997.
10:00 a.m.
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--present
Basham--present
Birkholz--present
Bobier--excused
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--excused
Gire--present
Godchaux--present
Goschka--present
Green--present
Griffin--present
Gubow--present
Gustafson--present
Hale--present
Hammerstrom--present
Hanley--excused
Harder--present
Hertel--excused
Hood--present
Horton--present
Jansen--present
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--excused
London--present
Lowe--present
Mans--present
Martinez--present
Mathieu--excused
McBryde--present
McManus--present
McNutt--present
Middaugh--present
Middleton--present
Murphy--present
Nye--present
Olshove--present
Owen--present
Oxender--present
Palamara--present
Parks--present
Perricone--present
Price--present
Profit--present
Prusi--present
Quarles--present
Raczkowski--present
Rhead--present
Richner--present
Rison--present
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
Rev. Dr. Robert Bailey, Pastor of Trinity Missionary Baptist Church in Pontiac, offered the following invocation:
"O Mighty and Eternal God, bless this nation with the democratic idea by which our destiny may be fashioned. We thank Thee, O God, for leaders whom Thou has raised up to guide this republic. We pray that Thou would grant these whom we have entrusted with the authority of government to be responsible, to be wise, to be courageous and to be strong. Strengthen them with honor and grant them peace. Provide them with the sustenance needed to perform the task with which they are confronted. We shall be mindful that this shall be the blessing from Thee. This is our prayer. Amen."
______
Rep. Hammerstrom moved that Reps. Llewellyn and Bobier be excused from today's session.
The motion prevailed.
Rep. Dobronski moved that Rep. Hertel be excused from today's session.
The motion prevailed.
Rep. Schermesser moved that Rep. Schauer be excused temporarily from today's session.
The motion prevailed.
Third Reading of Bills
House Bill No. 5235, entitled
A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 1282 (MCL 380.1282), as amended by 1993 PA 335.
(The bill was read a third time and postponed for the day on October 14, see House Journal No. 79, p. 2118.)
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. 851 Yeas--99
Agee | Dobb | Kaza | Price |
Alley | Dobronski | Kelly | Profit |
Anthony | Emerson | Kilpatrick | Prusi |
Baade | Fitzgerald | Kukuk | Quarles |
Baird | Frank | LaForge | Raczkowski |
Bankes | Freeman | Law | Rhead |
Basham | Gagliardi | Leland | Richner |
Birkholz | Galloway | LeTarte | Rison |
Bodem | Geiger | London | Rocca |
Bogardus | Gernaat | Lowe | Schermesser |
Brackenridge | Gire | Mans | Schroer |
Brater | Godchaux | Martinez | Scott |
Brewer | Goschka | McBryde | Scranton |
Brown | Green | McManus | Sikkema |
Byl | Griffin | McNutt | Stallworth |
Callahan | Gubow | Middaugh | Tesanovich |
Cassis | Gustafson | Middleton | Thomas |
Cherry | Hale | Murphy | Varga |
Ciaramitaro | Hammerstrom | Nye | Vaughn |
Crissman | Harder | Olshove | Walberg |
Cropsey | Hood | Owen | Wallace |
Curtis | Jansen | Oxender | Wetters |
Dalman | Jelinek | Palamara | Willard |
DeHart | Jellema | Parks | Wojno |
DeVuyst | Johnson | Perricone |
Nays--4
Horton Jaye Voorhees Whyman
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.
Reps. Anthony, Baird, Crissman, DeHart, Dobronski, Frank, Freeman, Gagliardi, Godchaux, Goschka, Gubow, Hale, Harder, McBryde, McManus, Middaugh, Owen, Price, Profit, Prusi and Varga were named co-sponsors of the bill.
Second Reading of Bills
Senate Bill No. 262, entitled
A bill to amend 1929 PA 16, entitled "An act to regulate the business of carrying or transporting, buying, selling or dealing in crude oil or petroleum or its products, through pipe lines; to authorize the use of public highways and the condemnation of private property; to regulate the purchase and storage of crude oil or petroleum; to provide for the control and regulation of all corporations, associations and persons engaged in such business, by the Michigan public utilities commission; to define the powers and duties of the commission in relation thereto; and to prescribe penalties for violations of the provisions hereof," (MCL 483.1 to 483.11) by adding sections 2a and 2b.
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.
______
Rep. DeHart moved that Reps. Parks, Scott and Vaughn be excused temporarily from today's session.
The motion prevailed.
Rep. Curtis moved that Rep. Murphy be excused temporarily from today's session.
The motion prevailed.
By unanimous consent the House returned to the order of
Third Reading of Bills
Senate Bill No. 262, entitled
A bill to amend 1929 PA 16, entitled "An act to regulate the business of carrying or transporting, buying, selling or dealing in crude oil or petroleum or its products, through pipe lines; to authorize the use of public highways and the condemnation of private property; to regulate the purchase and storage of crude oil or petroleum; to provide for the control and regulation of all corporations, associations and persons engaged in such business, by the Michigan public utilities commission; to define the powers and duties of the commission in relation thereto; and to prescribe penalties for violations of the provisions hereof," (MCL 483.1 to 483.11) by adding sections 2a and 2b.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 852 Yeas--95
Agee | DeVuyst | Jelinek | Perricone |
Alley | Dobb | Jellema | Price |
Anthony | Dobronski | Kaza | Profit |
Baade | Emerson | Kelly | Prusi |
Baird | Fitzgerald | Kilpatrick | Raczkowski |
Bankes | Frank | Kukuk | Rhead |
Basham | Freeman | LaForge | Richner |
Birkholz | Gagliardi | Law | Rison |
Bodem | Galloway | Leland | Rocca |
Bogardus | Geiger | LeTarte | Schermesser |
Brackenridge | Gernaat | London | Schroer |
Brater | Gire | Lowe | Sikkema |
Brewer | Godchaux | Mans | Stallworth |
Brown | Goschka | Martinez | Tesanovich |
Byl | Green | McBryde | Thomas |
Callahan | Griffin | McManus | Varga |
Cassis | Gubow | McNutt | Voorhees |
Cherry | Gustafson | Middaugh | Walberg |
Ciaramitaro | Hale | Middleton | Wallace |
Crissman | Hammerstrom | Nye | Wetters |
Cropsey | Harder | Olshove | Whyman |
Curtis | Horton | Owen | Willard |
Dalman | Jansen | Oxender | Wojno |
DeHart | Jaye | Palamara |
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.
Second Reading of Bills
House Bill No. 4875, entitled
A bill to amend 1986 PA 268, entitled "Legislative council act," (MCL 4.1101 to 4.1901) by adding section 204e.
The bill was read a second time.
Rep. Quarles 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. 4879, entitled
A bill to amend 1986 PA 268, entitled "Legislative council act," (MCL 4.1101 to 4.1901) by adding section 204d.
The bill was read a second time.
Rep. Brewer 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. 4884, entitled
A bill to amend 1986 PA 268, entitled "Legislative council act," (MCL 4.1101 to 4.1901) by adding section 204b.
The bill was read a second time.
Rep. Kaza 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. 4885, entitled
A bill to amend 1986 PA 268, entitled "Legislative council act," (MCL 4.1101 to 4.1901) by adding section 204c.
The bill was read a second time.
Rep. Kaza 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. 4886, entitled
A bill to amend 1986 PA 268, entitled "Legislative council act," (MCL 4.1101 to 4.1901) by adding section 204a.
The bill was read a second time.
Rep. Birkholz 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. 4895, entitled
A bill to amend 1986 PA 268, entitled "Legislative council act," (MCL 4.1101 to 4.1901) by adding section 204f.
The bill was read a second time.
Rep. Brown 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. 5006, entitled
A bill to amend 1986 PA 268, entitled "Legislative council act," by amending section 204 (MCL 4.1204).
The bill was read a second time.
Reps. Brewer and Kaza moved to amend the bill as follows:
1. Amend page 2, line 18, after "BEGINNING" by striking out "JANUARY 1" and inserting "MARCH 31".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Brewer moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed, a majority of the members voting therefor.
Senate Bill No. 408, entitled
A bill to repeal 1941 PA 309, entitled "An act to give the state board of examiners of barbers jurisdiction to investigate trade practices among barbers, haircutters, barber and haircutting schools and colleges; to enforce such regulations pertaining to reasonable service charges and reasonable hours of operation of barber shops, haircutting shops, barber and haircutting schools and colleges as will tend to eliminate unfair and insanitary practices; fixing territorial units for such regulations; regulating barber schools, haircutting schools and colleges and practices therein; and repealing all acts and parts of acts in conflict herewith," (MCL 338.651 to 338.662).
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.
By unanimous consent the House returned to the order of
Third Reading of Bills
Senate Bill No. 408, entitled
A bill to repeal 1941 PA 309, entitled "An act to give the state board of examiners of barbers jurisdiction to investigate trade practices among barbers, haircutters, barber and haircutting schools and colleges; to enforce such regulations pertaining to reasonable service charges and reasonable hours of operation of barber shops, haircutting shops, barber and haircutting schools and colleges as will tend to eliminate unfair and insanitary practices; fixing territorial units for such regulations; regulating barber schools, haircutting schools and colleges and practices therein; and repealing all acts and parts of acts in conflict herewith," (MCL 338.651 to 338.662).
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 853 Yeas--101
Agee | Emerson | Kaza | Profit |
Alley | Fitzgerald | Kelly | Prusi |
Anthony | Frank | Kilpatrick | Quarles |
Baade | Freeman | Kukuk | Raczkowski |
Baird | Gagliardi | LaForge | Rhead |
Bankes | Galloway | Law | Richner |
Basham | Geiger | Leland | Rison |
Birkholz | Gernaat | LeTarte | Rocca |
Bodem | Gire | London | Schermesser |
Bogardus | Godchaux | Lowe | Schroer |
Brackenridge | Goschka | Mans | Scott |
Brater | Green | Martinez | Scranton |
Brewer | Griffin | McBryde | Sikkema |
Brown | Gubow | McManus | Stallworth |
Byl | Gustafson | McNutt | Tesanovich |
Callahan | Hale | Middaugh | Thomas |
Cassis | Hammerstrom | Middleton | Varga |
Cherry | Harder | Murphy | Vaughn |
Ciaramitaro | Hood | Nye | Voorhees |
Crissman | Horton | Olshove | Walberg |
Cropsey | Jansen | Oxender | Wallace |
Curtis | Jaye | Palamara | Wetters |
Dalman | Jelinek | Parks | Whyman |
DeHart | Jellema | Perricone | Willard |
DeVuyst | Johnson | Price | Wojno |
Dobronski
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.
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Rep. Gagliardi moved that House Committees be given leave to meet during the balance of today's session.
The motion prevailed.
Rep. Gagliardi moved that when the House adjourns today it stand adjourned until Tuesday, October 21, at 2:00 p.m.
The motion prevailed.
By unanimous consent the House returned to the order of
Reports of Standing Committees
The Committee on Transportation, by Rep. Leland, Chair, reported
House Bill No. 5122, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 904 (MCL 257.904), as amended by 1994 PA 450, and by adding section 904d.
The committee recommended that the bill be referred to the Committee on Judiciary.
Favorable Roll Call
HB 5122 To Report Out:
Yeas: Reps. Leland, Baade, Brown, Curtis, Olshove, Wojno, London, Birkholz, Byl, Gernaat, Green,
Nays: None.
The recommendation was concurred in and the bill was referred to the Committee on Judiciary.
The Committee on Transportation, by Rep. Leland, Chair, reported
House Bill No. 5123, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 904 (MCL 257.904), as amended by 1994 PA 450, and by adding section 904c.
The committee recommended that the bill be referred to the Committee on Judiciary.
Favorable Roll Call
HB 5123 To Report Out:
Yeas: Reps. Leland, Baade, Brown, Curtis, Olshove, Wojno, London, Birkholz, Byl, Gernaat, Green,
Nays: None.
The recommendation was concurred in and the bill was referred to the Committee on Judiciary.
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Leland, Chair of the Committee on Transportation, was received and read:
Meeting held on: Wednesday, October 15, 1997, at 4:41 p.m.,
Present: Reps. Leland, Schermesser, Baade, Brown, Curtis, Olshove, Schauer, Scott, Wojno, London, Birkholz, Byl, Galloway, Gernaat, Green, Middleton,
Absent: Rep. Mans,
Excused: Rep. Mans.
Messages from the Senate
Senate Bill No. 664, entitled
A bill to amend 1943 PA 20, entitled "An act relative to the investment of surplus funds of political subdivisions of the state; and to validate certain investments," by amending the title and sections 1 and 3 (MCL 129.91 and 129.93), the title as amended by 1988 PA 285 and section 1 as amended by 1997 PA 44, and by adding sections 5 and 6; and to repeal acts and parts of acts.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Commerce.
Senate Bill No. 689, entitled
A bill to amend 1979 PA 94, entitled "The state school aid act of 1979," by amending section 6 (MCL 388.1606), as amended by 1997 PA 93.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Education.
Senate Bill No. 716, entitled
A bill to amend 1933 PA 167, entitled "General sales tax act," by amending section 1 (MCL 205.51), as amended by 1995 PA 209.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Senate Bill No. 721, entitled
A bill to amend 1937 PA 94, entitled "Use tax act," by amending section 4 (MCL 205.94), as amended by 1996 PA 436.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Notices
Public Hearing
Committee on Public Retirement
Date: Thursday, October 23, 1997
Time: 5:00 p.m.
Place: Saginaw Valley State University, Recital Hall, West Complex, 7400 Bay Road, Saginaw, Michigan
Rep. DeHart
Chair
Agenda: Senate Bill No. 719 - Retirement; public school employees; certain amendments to defined contribution plan; provide for
and any/or all business properly before the committee
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, Tuesday, October 14:
Senate Bill Nos. 747 748 749 751 755
The Clerk announced that the following Senate bills had been received on Thursday, October 16:
Senate Bill Nos. 664 689 716 721
Communications from State Officers
The following communication from Northern Michigan University was received and read:
October 3, 1997
Enclosed for your information is a copy of the Financial Report for Northern Michigan University for the year ended June 30, 1997.
Yours very truly,
Michael J. Roy
Vice President
The communication was referred to the Clerk.
Introduction of Bills
Reps. Varga, Frank, Schermesser, Freeman, Lowe, Raczkowski, Profit, Alley, Mathieu, Anthony, Kelly, Thomas, Scott, Quarles, Murphy, Griffin, Wallace, Brewer, Harder, Baade, Curtis, Walberg, Nye, Law, Kukuk, Whyman, Godchaux, Cropsey, Geiger, Dobronski, Scranton, Richner, Kilpatrick, Crissman, LaForge, Emerson, Olshove, Wojno, Brater, Owen, DeHart, Llewellyn, Middaugh, Rhead, Price, Jaye, Fitzgerald, Schauer, Cherry, Vaughn, Gagliardi, Rocca, Prusi, Brackenridge, Bankes, Leland, Hammerstrom, Byl, Jellema, Horton, Goschka, Perricone, Jansen, Johnson, Dobb, Basham, Jelinek, Gernaat, Gubow, Oxender, Bobier, Gilmer, Schroer, Palamara, Bogardus, McManus, Rison, Parks, Tesanovich, Gire, McBryde, Voorhees, Mans, London, Wetters, Agee, Hale, Hanley, Ciaramitaro, Callahan and Hood introduced
House Bill No. 5289, entitled
A bill to amend 1986 PA 32, entitled "Emergency telephone service enabling act," by amending section 320 (MCL 484.1320), as added by 1994 PA 29.
The bill was read a first time by its title and referred to the Committee on Regulatory Affairs.
Reps. Tesanovich and Prusi introduced
House Bill No. 5290, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 907 (MCL 257.907), as amended by 1995 PA 287.
The bill was read a first time by its title and referred to the Committee on Transportation.
Reps. Schauer, Hale, DeHart, Schermesser and Jelinek introduced
House Bill No. 5291, entitled
A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 34d (MCL 211.34d), as amended by 1996 PA 476.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Reps. Jaye, Goschka, McBryde, London, McManus and Perricone introduced
House Bill No. 5292, entitled
A bill to amend 1974 PA 258, entitled "Mental health code," (MCL 330.1001 to 330.2106) by adding chapter 10a.
The bill was read a first time by its title and referred to the Committee on Mental Health.
Reps. Bogardus, Wallace, Anthony, Hale, Prusi, Parks, Mans, Schroer, Cherry, Agee, Tesanovich, DeHart, Schermesser, LaForge, Basham, Martinez, Brater, Baade and Gire introduced
House Bill No. 5293, entitled
A bill to amend 1976 PA 451, entitled "The revised school code," by amending sections 504 and 514 (MCL 380.504 and 380.514), section 504 as amended and section 514 as added by 1994 PA 416.
The bill was read a first time by its title and referred to the Committee on Education.
Reps. Basham, Bobier, Alley, Anthony, Prusi, DeHart, Mans, Brown, Brater, Hale, Kilpatrick and Kelly introduced
House Bill No. 5294, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 62501 and 62509 (MCL 324.62501 and 324.62509), as added by 1995 PA 57, and by adding sections 62509a and 62509b.
The bill was read a first time by its title and referred to the Committee on Conservation, Environment and Recreation.
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Rep. Mans moved that the House adjourn.
The motion prevailed, the time being 11:40 a.m.
The Associate Speaker Pro Tempore declared the House adjourned until Tuesday, October 21, at 2:00 p.m.
MARY KAY SCULLION
Clerk of the House of Representatives.