No. 5
STATE OF MICHIGAN
JOURNAL
OF THE
House of Representatives
89th Legislature
REGULAR SESSION OF 1998
House Chamber, Lansing, Tuesday, January 27, 1998.
2:00 p.m.
The House was called to order by Acting Speaker Hanley.
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--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--excused
DeVuyst--present
Dobb--excused
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--present
Green--present
Griffin--absent
Gubow--present
Gustafson--present
Hale--present
Hammerstrom--present
Hanley--present
Harder--present
Hertel--present
Hood--present
Horton--present
Jansen--present
Jelinek--present
Jellema--present
Johnson--present
Kaza--present
Kelly--present
Kilpatrick--present
Kukuk--present
LaForge--excused
Law--present
Leland--present
LeTarte--present
Llewellyn--present
London--present
Lowe--present
Mans--present
Martinez--present
Mathieu--present
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--excused
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
Rep. Deborah Cherry, from the 50th District, offered the following invocation:
"Dear Lord, Whose glory is in all the world, we commend this State into Your merciful care. Grant to us, this legislature, the wisdom and strength to do Your will. Fill us with truth and righteousness and keep us ever mindful of our calling to serve the people of this state with understanding and respect, so that the decisions we make will promote the well-being of every person. Thank you for Your grace and guidance as we conduct the business of the day. Amen."
______
Rep. Hammerstrom moved that Reps. Dobb and Raczkowski be excused from today's session.
The motion prevailed.
Rep. Dobronski moved that Reps. DeHart and LaForge be excused from today's session.
The motion prevailed.
Notices
January 27, 1998
In accordance with House Rule 10, I hereby designate Representative Michael Hanley, to be the Presiding Officer for all, or part of today's session.
Sincerely,
Curtis Hertel
Speaker of the House
By unanimous consent the House returned to the order of
Second Reading of Bills
House Bill No. 4441, entitled
A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 2567 (MCL 600.2567), as amended by 1990 PA 346, and by adding section 2567b.
Was read a second time, and the question being on the adoption of the proposed substitute (H-3) previously recommended by the Committee on Local Government,
The substitute (H-3) was adopted, a majority of the members serving voting therefor.
Rep. Gubow moved to amend the bill as follows:
1. Amend page 1, line 7, after "page" by inserting "UNTIL DECEMBER 31, 2008. AFTER DECEMBER 31, 2008, THE FEE FOR ENTERING AND RECORDING A DOCUMENT DESCRIBED IN THIS SUBDIVISION SHALL BE $5.00 FOR THE FIRST PAGE AND $3.00 FOR EACH ADDITIONAL AND SUCCEEDING PAGE".
The motion did not prevail and the amendment was not adopted, a majority of the members serving not 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.
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
House Bill No. 4441, entitled
A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 2567 (MCL 600.2567), as amended by 1990 PA 346, and by adding section 2567b.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 26 Yeas--72
Agee Dobronski Jellema Oxender
Alley Emerson Johnson Palamara
Baade Fitzgerald Kelly Perricone
Baird Gagliardi Kilpatrick Price
Bankes Galloway Kukuk Profit
Birkholz Geiger Law Prusi
Bobier Gernaat Leland Rhead
Bodem Gilmer LeTarte Rison
Brackenridge Gire Llewellyn Schauer
Brater Godchaux Lowe Schroer
Brewer Hammerstrom Mans Scranton
Byl Hanley Martinez Sikkema
Cassis Harder McBryde Tesanovich
Cherry Hertel McManus Thomas
Cropsey Hood McNutt Varga
Curtis Horton Middaugh Voorhees
Dalman Jansen Murphy Walberg
DeVuyst Jelinek Nye Wallace
Nays--31
Anthony Freeman Mathieu Scott
Basham Goschka Middleton Stallworth
Bogardus Green Olshove Vaughn
Brown Gubow Owen Wetters
Callahan Gustafson Parks Whyman
Ciaramitaro Hale Richner Willard
Crissman Kaza Rocca Wojno
Frank London Schermesser
In The Chair: Hanley
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. Brackenridge, Byl, DeVuyst, Dobronski, Gernaat, Gilmer, Kelly, Kukuk and Llewellyn were named co-sponsors of the bill.
By unanimous consent the House returned to the order of
Reports of Standing Committees
The Speaker laid before the House
House Resolution No. 173.
A resolution to memorialize the Congress of the United States to recognize the right of all citizens to hunt and fish.
(For text of resolution, see House Journal No. 89 of 1997, p. 2328.)
(The resolution was reported by the Committee on Conservation, Environment and Recreation on January 21, with amendment, consideration of which was postponed until January 22 under the rules.)
(For amendment, see House Journal No. 3, p. 47.)
The question being on the adoption of the proposed amendment recommended by the Committee,
The amendment was adopted, a majority of the members serving voting therefor.
The question being on the adoption of the resolution,
The resolution was adopted, a majority of the members serving voting therefor.
Reps. Anthony, Bogardus, Callahan, Crissman, Gagliardi, Geiger, Gire, Jelinek, Kaza, Kukuk, London, Mans, Middleton, Palamara, Profit, Prusi, Rhead, Sikkema and Tesanovich were named co-sponsors of the resolution.
The Speaker laid before the House
House Resolution No. 174.
A resolution to recognize the right of every Michigan citizen to hunt and fish.
(For text of resolution, see House Journal No. 89 of 1997, p. 2329.)
(The resolution was reported by the Committee on Conservation, Environment and Recreation on January 21, consideration of which was postponed until January 22 under the rules.)
The question being on the adoption of the resolution,
Rep. Brater moved to amend the resolution as follows:
1. Amend the fourth Whereas clause, line 5, after "fish" by striking out the balance of the clause and inserting "pursuant to state statute; now, therefore, be it".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
The question being on the adoption of the resolution,
The resolution was adopted, a majority of the members serving voting therefor.
Reps. Bogardus, Callahan, Crissman, Gagliardi, Geiger, Gernaat, Gire, Jelinek, Kaza, Kukuk, London, Middleton, Palamara, Profit, Prusi, Rhead, Sikkema and Tesanovich were named co-sponsors of the resolution.
The Speaker laid before the House
Senate Concurrent Resolution No. 37.
A concurrent resolution to approve a designated open space land application and a local open space land application on appeal.
(For text of resolution, see House Journal No. 94 of 1997, p. 2522.)
(The concurrent resolution was reported by the Committee on Conservation, Environment and Recreation on January21, consideration of which was postponed until January 22 under the rules.)
The question being on the adoption of the concurrent resolution,
The concurrent resolution was adopted, a majority of the members serving voting therefor.
Third Reading of Bills
House Bill No. 4975, entitled
A bill to amend 1972 PA 348, entitled "An act to regulate relationships between landlords and tenants relative to rental agreements for rental units; to regulate the payment, repayment, use and investment of security deposits; to provide for commencement and termination inventories of rental units; to provide for termination arrangements relative to rental units; to provide for legal remedies; and to provide penalties," (MCL 534.601 to 554.616) by adding section 1b.
(The bill was read a third time and postponed for the day on January 20, see House Journal No. 2, p. 29.)
The question being on the passage of the bill,
Rep. Gagliardi moved that the bill be referred to the Committee on Regulatory Affairs.
The motion prevailed.
______
Rep. Gagliardi moved that Rep. Owen be excused temporarily from today's session.
The motion prevailed.
Second Reading of Bills
House Bill No. 4846, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 16221, 16226, 16245, 16247, and 16248 (MCL 333.16221, 333.16226, 333.16245, 333.16247, and 333.16248), sections 16221 and 16226 as amended by 1996 PA 594, section 16245 as amended by 1993 PA 87, and sections 16247 and 16248 as amended by 1993 PA 79, and by adding section 16274.
Was read a second time, and the question being on the adoption of the proposed substitute (H-3) previously recommended by the Committee on Health Policy,
The substitute (H-3) was adopted, a majority of the members serving voting therefor.
Rep. Gubow moved to amend the bill as follows:
1. Amend page 5, line 24, after "(P)" by inserting "UNTIL THE EXPIRATION OF 5 YEARS AFTER THE EFFECTIVE DATE OF THE AMENDATORY ACT THAT ADDED SECTION 16274,".
2. Amend page 12, line 20, after "(1)" by inserting "UNTIL THE EXPIRATION OF 5 YEARS AFTER THE EFFECTIVE DATE OF THE AMENDATORY ACT THAT ADDED THIS SECTION,".
The question being on the adoption of the amendments offered by Rep. Gubow,
Rep. Gubow demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendments offered by Rep. Gubow,
The amendments were not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 27 Yeas--30
Alley Ciaramitaro Gubow Price
Anthony Crissman Hale Schroer
Baird Curtis Johnson Scranton
Bobier Emerson Kilpatrick Stallworth
Bogardus Freeman Leland Thomas
Brater Gilmer Martinez Wetters
Brewer Gire Murphy Willard
Cherry Godchaux
Nays--73
Agee Geiger LeTarte Prusi
Baade Gernaat Llewellyn Quarles
Bankes Goschka London Rhead
Basham Green Lowe Richner
Birkholz Gustafson Mans Rison
Bodem Hammerstrom Mathieu Rocca
Brackenridge Hanley McBryde Schauer
Brown Harder McManus Schermesser
Byl Hertel McNutt Scott
Callahan Hood Middaugh Sikkema
Cassis Horton Middleton Tesanovich
Cropsey Jansen Nye Varga
Dalman Jelinek Olshove Vaughn
DeVuyst Jellema Oxender Voorhees
Dobronski Kaza Palamara Walberg
Fitzgerald Kelly Parks Wallace
Frank Kukuk Perricone Whyman
Gagliardi Law Profit Wojno
Galloway
In The Chair: Hanley
Rep. Gubow moved to amend the bill as follows:
1. Amend page 8, line 4, after "(P)" by striking out "PERMANENT REVOCATION" and inserting "DENIAL, REVOCATION, PROBATION, SUSPENSION, REPRIMAND, OR FINE".
The question being on the adoption of the amendment offered by Rep. Gubow,
Rep. Gubow demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Gubow,
The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 28 Yeas--34
Agee Ciaramitaro Hale Price
Alley Crissman Hanley Prusi
Anthony Curtis Hood Quarles
Baird Emerson Johnson Schroer
Bobier Freeman Kilpatrick Scranton
Bogardus Gilmer Leland Thomas
Brater Gire Martinez Wetters
Brewer Godchaux Murphy Willard
Cherry Gubow
Nays--68
Baade Galloway Llewellyn Rhead
Bankes Geiger London Richner
Basham Gernaat Lowe Rison
Birkholz Goschka Mans Rocca
Bodem Green Mathieu Schauer
Brackenridge Gustafson McBryde Schermesser
Brown Hammerstrom McManus Scott
Byl Harder McNutt Sikkema
Callahan Horton Middaugh Stallworth
Cassis Jansen Middleton Tesanovich
Cropsey Jelinek Nye Varga
Dalman Jellema Olshove Vaughn
DeVuyst Kaza Oxender Voorhees
Dobronski Kelly Palamara Walberg
Fitzgerald Kukuk Parks Wallace
Frank Law Perricone Whyman
Gagliardi LeTarte Profit Wojno
In The Chair: Hanley
Rep. Profit moved to amend the bill as follows:
1. Amend page 12, line 21, after "NOT" by striking out the balance of the sentence and inserting "ENGAGE OR ATTEMPT TO ENGAGE IN HUMAN CLONING OR HUMAN CLONING RESEARCH.".
2. Amend page 12, line 23, after "PRODUCE" by striking out "AN" and inserting "A HUMAN".
3. Amend page 13, line 7, after "(A)" by striking out ""CLONE" OR "CLONING"" and inserting ""HUMAN CLONING"".
4. Amend page 13, line 8, after "PRODUCE" by striking out "AM" and inserting "A HUMAN".
The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.
Rep. Martinez moved to reconsider the vote by which the House adopted the amendments.
The motion prevailed, a majority of the members present voting therefor.
The question being on the adoption of the amendments offered by Rep. Profit,
Rep. Martinez moved to amend the Profit amendment as follows:
1. Amend the Profit Amendment No. 1, page 12, line 21, after the second "OR" by striking out the balance of the amendment and inserting "RESEARCH IN CLONING A HUMAN BEING.".
Rep. Martinez withdrew the amendment.
The question being on the adoption of the amendments offered previously by Rep. Profit,
Rep. Profit withdrew the amendments.
Rep. Profit moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed, a majority of the members voting therefor.
______
The Speaker assumed the Chair.
House Bill No. 4962, entitled
A bill to amend 1931 PA 328, entitled "The Michigan penal code," (MCL 750.1 to 750.568) by adding section 430a.
Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Health Policy,
The substitute (H-2) was adopted, a majority of the members serving voting therefor.
Reps. McManus and Profit moved to amend the bill as follows:
1. Amend page 1, line 6, after "THAN" by striking out "$5,000.00" and inserting "$10,000,000.00".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
______
Rep. Gagliardi moved that Rep. Harder be excused from the balance of today's session.
The motion prevailed.
Rep. Varga moved that Rep. Schermesser be excused temporarily from today's session.
The motion prevailed.
Rep. Gubow moved to amend the bill as follows:
1. Amend page 1, line 9, after "EMBRYO" by inserting "FOR GESTATION AND SUBSEQUENT BIRTH".
The question being on the adoption of the amendment offered by Rep. Gubow,
Rep. McManus demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Gubow,
The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 29 Yeas--17
Bogardus Godchaux Kilpatrick Quarles
Brater Gubow Martinez Scranton
Brewer Hale Murphy Thomas
Freeman Hanley Price Wetters
Gire
Nays--80
Agee DeVuyst Kelly Perricone
Alley Dobronski Kukuk Profit
Anthony Fitzgerald Law Prusi
Baade Frank Leland Rhead
Bankes Gagliardi LeTarte Richner
Basham Galloway Llewellyn Rison
Birkholz Geiger London Rocca
Bobier Gernaat Lowe Schauer
Bodem Gilmer Mans Scott
Brackenridge Goschka Mathieu Sikkema
Brown Green McBryde Stallworth
Byl Gustafson McManus Tesanovich
Callahan Hammerstrom McNutt Varga
Cassis Hertel Middaugh Vaughn
Cherry Horton Middleton Voorhees
Ciaramitaro Jansen Nye Walberg
Crissman Jelinek Olshove Wallace
Cropsey Jellema Oxender Whyman
Curtis Johnson Palamara Willard
Dalman Kaza Parks Wojno
In The Chair: Hertel
Rep. McManus 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. 5475, entitled
A bill to prohibit the expenditure of state funds to conduct or to support research on the cloning of human beings.
Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Health Policy,
The substitute (H-2) was adopted, a majority of the members serving voting therefor.
Rep. Mans 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 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
Motions and Resolutions
Reps. Llewellyn, Kukuk, Dobronski, Baade, Gire, Dalman, Richner, Rocca, Cassis, Geiger, Gilmer, Gernaat, Brackenridge, Cropsey, Horton, Lowe, Birkholz, Jellema, Rhead, Green, Oxender, Scranton, Basham, Johnson, Profit, Voorhees, Thomas, Scott, Jansen, Goschka, McBryde, Jelinek, Freeman, Hammerstrom, Galloway, Baird and Hale offered the following resolution:
House Resolution No. 200.
A resolution to designate the month of October as Hepatitis C Education Awareness Month.
Whereas, The Michigan House of Representatives supports the designation of the month of October, as Hepatitis C Education Awareness Month, by urging public awareness on behalf of the Department of Public Health, through increased public education; and
Whereas, Chronic viral hepatitis currently infects 4.5 million Americans and there are 150,000 new cases reported each year in the United States. Hepatitis C is spread by blood exposure from a person with Hepatitis C; and
Whereas, The consequences of the Hepatitis C virus costs $7.3 million per 100,000 people because the nature of Hepatitis is largely an asymptomatic disease until irreversible liver damage has occurred. Treatment for end stage liver disease could exceed $240,000 per individual; and
Whereas, Chronic viral hepatitis is largely unreported and the public is uniformed about this disease. It is estimated that by the year 2010 the annual death rate from chronic Hepatitis C will be 38,000 deaths per year, this number is equivalent to the current annual death rate for HIV; and
Whereas, Approximately 85% of chronic Hepatitis C infections can progress to liver disease associated with increased morbidity and mortality. In the absence of a vaccine, emphasis must be placed on other means of disease prevention, including the education of health care workers and the general public; now, therefore, be it
Resolved by the House of Representatives, That the month of October be designated Hepatitis C Education Awareness Month, urging public awareness on behalf of the Department of Public Health through increased public education; and be it further
Resolved, That a copy of this resolution be transmitted to Dr. Kimberly Brown, of Henry Ford Hospital, 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. Alley, Callahan, Schermesser and Kaza offered the following resolution:
House Resolution No. 201.
A resolution to call on the Department of Environmental Quality, the Department of Community Health, and the Michigan Public Service Commission to form a task force on hydrogen sulfide emissions.
Whereas, Natural gas development in Michigan has resulted in evacuation and illness to the public from exposure to airborne releases of hydrogen sulfide; and
Whereas, Different state departments have separate responsibilities in regulating natural gas development, production, and distribution. There is a need for a comprehensive public health and safety management plan; and
Whereas, The Department of Environmental Quality, through its Air Quality Division, has jurisdiction over the release of contaminants into Michigan's air, and has the authority to regulate these releases in order to protect the public health and safety. The department is also responsible for monitoring and regulating oil and gas drilling and related activities through the Geological Survey Division; now, therefore, be it
Resolved by the House of Representatives, That we call on the Department of Environmental Quality, the Department of Community Health, and the Michigan Public Service Commission to convene an interagency task force to address the issue of hydrogen sulfide emissions. We urge that the task force be comprised of staff from the Department of Environmental Quality's Geological Survey and Air Quality Divisions, staff from the Department of Community Health, and staff from the Public Service Commission, and that it include petroleum industry safety experts, emergency management directors for northern Michigan communities, and citizens groups; and be it further
Resolved, That we urge the task force to perform the following duties:
1. Establish hydrogen sulfide exposure standards for Michigan residents.
2. Establish permit procedures that require all new permits to meet these safety standards.
3. Establish procedures for conducting a safety review of all existing oil and gas facilities.
4. Coordinate oversight amongst agencies with some regulatory responsibility so that all elements of the natural gas
industry receive equal attention.
5. Determine the relevant needs of local emergency service providers and ensure that these needs are met.
6. Develop an ongoing data gathering and reporting program. We urge that this task force complete these tasks and report its findings and recommendations to the House Conservation Committee by April 1, 1998; and be it further
Resolved, That copies of this resolution be transmitted to the Department of Environmental Quality, the Department of Community Health, and the Public Service Commission.
The resolution was referred to the Committee on Conservation, Environment and Recreation.
Reps. Alley, Middaugh, Schermesser, Baade, DeVuyst, Cropsey, Walberg and Kaza offered the following concurrent resolution:
House Concurrent Resolution No. 83.
A concurrent resolution to urge the Department of Education to encourage gun safety education.
Whereas, The history of Michigan is rich with a long heritage of recreational shooting sports, including hunting and other rifle, shotgun, blackpowder, and handgun marksmanship activities. This heritage also includes the efforts of parents and outdoors organizations to promote the safe and responsible use of firearms equipment; and
Whereas, The most important component of education on gun safety is developing strategies to teach children how to act safely around firearms. This is a critical step in the effort to reduce the number of accidents related to firearms that involve children; and
Whereas, There are established child firearm safety programs available to meet this need. These educational initiatives offer clear lifesaving messages to children, such as leaving any area where a firearm is present and quickly notifying an adult. These respected programs include the Eddie Eagle Elementary Gun Safety Program. This nationally recognized firearm safety program has been taught to over 6,000,000 children since 1988. It has been recognized by the National Safety Council as the Outstanding Community Service Program for 1993; and
Whereas, Michigan would do well to encourage more firearm safety programs through our schools and communities; now, therefore, be it
Resolved by the House of Representatives (the Senate concurring), That we urge the Department of Education to encourage gun safety programs in our schools and communities; and be it further
Resolved, That a copy of this resolution be transmitted to the Department of Education.
The concurrent resolution was referred to the Committee on Conservation, Environment and Recreation.
Reports of Standing Committees
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Hanley, Chair of the Committee on Urban Policy and Economic Development, was received and read:
Meeting held on: Thursday, January 22, 1998, at 12:46 p.m.,
Present: Reps. Hanley, Schauer, Baird, LaForge, Thomas, Cassis, Byl, Raczkowski, Voorhees.
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Dobronski, Chair of the Committee on Local Government, was received and read:
Meeting held on: Tuesday, January 27, 1998, at 9:00 a.m.,
Present: Reps. Dobronski, Mans, Brater, Brewer, Callahan, Brackenridge, Birkholz, Crissman, Hammerstrom.
Messages from the Senate
House Bill No. 4146, entitled
A bill to amend 1982 PA 455, entitled "The library privacy act," by amending section 2 (MCL 397.602).
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. 5084, entitled
A bill to amend 1990 PA 345, entitled "State survey and remonumentation act," by amending sections 2, 6, 8, and 12 (MCL 54.262, 54.266, 54.268, and 54.272).
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 Concurrent Resolution No. 81.
A concurrent resolution providing for a joint convention of the House of Representatives and the Senate.
(For text of resolution, see House Journal No. 2, p. 32.)
The Senate has adopted the concurrent resolution and named Senator Conroy as a co-sponsor.
The concurrent resolution was referred to the Clerk for record.
Notices
Public Hearing
Subcommittee on Solid Waste
Date: Thursday, January 29, 1998
Time: 10:00 a.m.
Place: Gibraltar Community Center, 29340 S. Gibraltar Road, Gibraltar, Michigan
Rep. Alley
Chair
Agenda: House Bill No. 5284 - Environmental protection
and any/or all business properly before the subcommittee
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, Friday, January 23:
House Bill Nos. 5481 5482 5483 5484 5485 5486 5487
The Clerk announced that the following bills had been printed and placed upon the files of the members, Tuesday, January 27:
House Bill Nos. 5488 5489 5490 5491 5492 5493 5494
Communications from State Officers
The following communication from the Commission on Spanish Speaking Affairs was received and read:
January 1, 1998
With this letter we present to you the Michigan Commission on Spanish Speaking Affairs' Annual Report for the year 1996.
The 1996 Annual Report will inform you, the Senate, the House of Representatives and people of Michigan of the Commission on Spanish Speaking Affairs' activities and accomplishments during this past year. We have continued to work on our mission for the betterment of Michigan's Hispanic population.
The Commission on Spanish Speaking Affairs is certainly committed to upholding and pursuing the goals of Public Act 164 of 1975. We have been diligently networking with your executive office, state departments and many other agencies and organizations in the State of Michigan for the purpose of enhancing the lives of Hispanics in Michigan. We appreciate your support and commitment to our mission and our community and look forward to continue working with you in addressing the challenges for the future.
Sincerely,
Carmen Munoz
Commission Chairperson
Marylou Olivarez Mason
Executive Director
The communication was referred to the Clerk.
The following communication from the House Fiscal Agency was received and read:
January 22, 1998
Shortly before Greg Rosine left the agency to become Chief Administrative Officer of the Michigan Department of Transportation, he and Ellen Jeffries, Deputy Director of the Senate Fiscal Agency, completed preparation of the FY1997-98 Higher Education Appropriations Report. The report has now been printed, and a copy is enclosed.
A summary of appropriation issues is found on pages 2-9. Spreadsheets which provide details concerning the components of the appropriation bill at each stage of the legislative process are located on pages 10-18. Beginning on page 19, the appropriation detail for each university is provided. Finally, the legislative history of the 1997-98 higher education act begins on page 30, and details of the Executive recommendation and House and Senate action are found there.
If you have any questions regarding any aspect of this report, please call me at 517-373-8080.
Sincerely,
Hank Prince, Associate Director
The communication was referred to the Clerk.
The following communication from the Department of Management and Budget was received and read:
January 23, 1998
I am pleased to transmit to you the enclosed unaudited financial statements of the General Fund and the School Aid Fund for the fiscal year ended September 30, 1997, as required by Public Act 431 of 1984, as amended. The audited State of Michigan Comprehensive Annual Financial Report (SOMCAFR) is scheduled to be available in March 1998.
These unaudited financial statements report preliminary unreserved fund balances of $85.2 million for the General Fund and $193.0 million for the School Aid Fund as of September 30, 1997. These surpluses are the direct result of continued growth in the State's economy during the past year, combined with he continued efforts of Governor Engler, the Legislature and department directors to control State spending.
As described more fully in Note 3 to these financial statements, the Counter-Cyclical Budget and Economic Stabilization Fund (the "Budget Stabilization Fund," or BSF), after adding current year interest earnings, transferring $69.0 million to the Department of Transportation for road maintenance projects, and providing for the legally required public education reserve, has a total year-end fund balance of just over $1.1 billion. This total includes an unreserved fund balance of $575.7 million, and $566.7 million set aside, pursuant to Public Act 364 of 1996, to provide for future education funding needs. The BSF total fund balance equals approximately 7.0% of our combined general fund-general purpose and school aid fund revenues, and will be a significant help when the next recession occurs.
Another indicator of our continued fiscal discipline, described more fully in Note 3 to the financial statements, is the net lapses of spending authority by State departments and agencies. Executive branch agencies lapsed $88.2 million. When combined with the legislative and judicial branches, net General Fund lapses for the State totaled $89.6 million. State agency program managers have shown a continued recognition of their responsibility to manage programs within appropriated amounts. The results of this can be seen in the fact that, once again, no department had net over expenditures of its appropriations in fiscal year 1997. This was the fifth consecutive year that this occurred, after fourteen consecutive years in which at least one department, and in many cases numerous departments, overspend their budgets.
Finally, I am especially gratified by the timely publication of this report--the earliest issuance of the preliminary unaudited financial statements in over two decades. Across State government, financial management personnel continue to make improvements in our book-closing process by making greater use of the Michigan Administrative Information Network (MAIN) and other book-closing efficiencies. This year, most departments and agencies substantially completed their book-closing procedures before the holiday period--considerably earlier than this has ever been accomplished in the past. As we continue our work to streamline the book-closing process, we anticipate further improvements in the timeliness of this report.
The historic improvements in Michigan's financial condition could not have been made without the cooperation of the Michigan Legislature. We continue to appreciate all you have done to put Michigan back on firm financial ground, and we look forward to working with you to adopt a responsible budget for fiscal year 1999.
Sincerely,
Mary A. Lannoye
State Budget Director
The communication was referred to the Clerk.
Introduction of Bills
Reps. Law, Voorhees, Nye, Horton, Hammerstrom and Jelinek introduced
House Bill No. 5495, entitled
A bill to prohibit the employment of individuals less than 21 years of age in adult entertainment establishments; and to impose penalties.
The bill was read a first time by its title and referred to the Committee on Labor and Occupational Safety.
Reps. Richner, Crissman, Birkholz, Kukuk, Whyman, Anthony, DeHart, McBryde, Hammerstrom, Cassis, Scranton, Lowe, Kaza, Goschka, Dobb, Stallworth, Quarles, Raczkowski and Perricone introduced
House Bill No. 5496, 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 bill was read a first time by its title and referred to the Committee on Tax Policy.
Reps. Quarles, Crissman, Birkholz, Kukuk, Whyman, Anthony, DeHart, McBryde, Hammerstrom, Cassis, Scranton, Lowe, Kaza, Goschka, Geiger, Dobb, Stallworth, Raczkowski and Perricone introduced
House Bill No. 5497, entitled
A bill to amend 1937 PA 94, entitled "Use tax act," by amending section 2 (MCL 205.92), as amended by 1995 PA208.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Rep. Ciaramitaro introduced
House Bill No. 5498, entitled
A bill to make certain appropriations for the department of community health for the fiscal year ending September30, 1998; and to provide for the expenditure of those certain appropriations.
The bill was read a first time by its title and referred to the Committee on Appropriations.
Reps. Raczkowski, Schauer, Martinez, DeHart, Wojno, Brater, Hammerstrom, Goschka, Jelinek, Rhead, Cherry, Gire, Crissman, Geiger, Middaugh, McBryde, Sikkema, Alley, Cropsey, Wetters, Jansen, Cassis and Voorhees introduced
House Bill No. 5499, entitled
A bill to amend 1976 PA 331, entitled "Michigan consumer protection act," (MCL 445.901 to 445.922) by adding section 3c.
The bill was read a first time by its title and referred to the Committee on Consumer Protection.
Reps. Schauer, Raczkowski, DeHart, Martinez, Hale, Wojno, Schermesser, Brater, Gire, Bogardus, Cherry, Rison, McBryde, Goschka, Harder, Vaughn, Scott, Jelinek, Wetters and Voorhees introduced
House Bill No. 5500, entitled
A bill to amend 1976 PA 331, entitled "Michigan consumer protection act," (MCL 445.901 to 445.922) by adding section 3d.
The bill was read a first time by its title and referred to the Committee on Consumer Protection.
Reps. Freeman, Wallace, Scott, Prusi, Leland, Ciaramitaro, Hale, Gubow, Vaughn, Parks, Cherry, Martinez, Rison, Curtis, Gire, Kilpatrick, Agee, Dobronski, Baird, Wojno, Brewer, DeHart, Griffin, Stallworth, Olshove, Schermesser, Callahan, Tesanovich, Price, Mathieu, Quarles, Baade, Harder, Palamara, Hanley, Owen, Brater, Emerson, Anthony, Varga, Mans, Willard, Kelly, LaForge, Frank, Gagliardi, Schroer, Hood, Basham and Alley introduced
House Bill No. 5501, entitled
A bill to amend 1978 PA 322, entitled "An act to authorize financial institutions to make electronic funds transfer terminals available to their customers; to protect the privacy and security of customers; to prohibit unfair discrimination among financial institutions and monopolistic practices in the use and availability of electronic funds transfer terminals; to prescribe remedies; and to prescribe penalties," by amending sections 4 and 5 (MCL 488.4 and 488.5) and by adding section 7a.
The bill was read a first time by its title and referred to the Committee on Commerce.
Reps. McManus, McBryde, Rocca, Law, Bodem, Voorhees, Horton, Birkholz, Jansen, Oxender, Richner, Lowe, Cropsey, Jelinek, Hammerstrom, Scranton, Goschka, Cassis, Llewellyn and Raczkowski introduced
House Bill No. 5502, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending section 5210 (MCL 333.5210), as added by 1988 PA 490.
The bill was read a first time by its title and referred to the Committee on Health Policy.
Reps. McNutt, Voorhees, Goschka and Geiger introduced
House Bill No. 5503, entitled
A bill to amend 1899 PA 188, entitled "Michigan estate tax act," by amending sections 40, 41, 43, 50, and 56 (MCL 205.240, 205.241, 205.243, 205.250, and 205.256), sections 40, 41, 43, and 50 as added by 1993 PA 54 and section 56 as amended by 1994 PA 372.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Rep. Gustafson introduced
House Bill No. 5504, entitled
A bill to amend 1905 PA 42, entitled "An act to define the duties and liabilities of hotel keepers and innkeepers with relation to the personal property of their guests, and to provide for the protection of inn and hotel keepers, and to repeal Act No. 227 of the Public Acts of 1897, and Act No. 15 of the Public Acts of 1875," by amending section 1 (MCL 427.101), as amended by 1987 PA 115.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Reps. Crissman, Law, Birkholz, Voorhees, Sikkema, Dobb, Bodem, Horton, Cassis, Brackenridge, Jelinek, Hammerstrom, Gernaat, Kaza, Goschka, Mans and Quarles introduced
House Bill No. 5505, 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 2 (MCL 691.1402), as amended by 1996 PA 150.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Rep. Perricone moved that the House adjourn.
The motion prevailed, the time being 4:10 p.m.
The Speaker declared the House adjourned until Wednesday, January 28, at 2:00 p.m.
MARY KAY SCULLION
Clerk of the House of Representatives.