No. 80
STATE OF MICHIGAN
JOURNAL
OF THE
House of Representatives
89th Legislature
REGULAR SESSION OF 1998
House Chamber, Lansing, Thursday, December 3, 1998.
10:00 a.m.
The House was called to order by Acting Speaker DeHart.
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--excused
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--present
Green--present
Griffin--present
Gubow--present
Gustafson--present
Hale--present
Hammerstrom--present
Hanley--present
Harder--present
Hertel--present
Horton--present
Jansen--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--present
McNutt--present
Middaugh--present
Middleton--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
Sanborn--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. Sharon Gire, of the 31st District, offered the following invocation:
"Dear God, give the members of this honorable chamber the wisdom to make wise and just decisions as we deliberate over the next few days. Send the retiring members into their communities with the strength and conviction to continue to work to improve the welfare of Michigan citizens, and give the incoming members the courage and compassion to make humane decisions about the crucial decisions which will affect the lives of our citizens in years to come. Amen."
______
Rep. Hammerstrom moved that Rep. Crissman be excused from today's session.
The motion prevailed.
Notices
December 3, 1998
In accordance with House Rule 10, I hereby designate Representative Eileen DeHart, to be the Presiding Officer for all, or part of today's session.
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
______
Rep. Gagliardi moved that House Committees be given leave to meet during the balance of today's session.
The motion prevailed.
Quorum Call
Rep. Gagliardi questioned the presence of a quorum and moved that the roll be called and printed in the Journal.
The motion prevailed.
The roll was called and the Clerk announced that a quorum was present.
The following is the roll call:
Roll Call No. 1001 Yeas--89
Agee Dobronski Jellema Price
Anthony Emerson Johnson Profit
Baade Fitzgerald Kaza Prusi
Baird Frank Kelly Rhead
Basham Freeman Kukuk Richner
Bobier Gagliardi LaForge Rocca
Bodem Galloway Llewellyn Sanborn
Bogardus Geiger London Schermesser
Brackenridge Gernaat Lowe Scott
Brater Gilmer Mans Scranton
Brewer Gire Martinez Sikkema
Brown Godchaux Mathieu Stallworth
Byl Goschka McBryde Tesanovich
Callahan Gubow McManus Thomas
Cassis Gustafson McNutt Vaughn
Cherry Hale Middaugh Voorhees
Ciaramitaro Hammerstrom Middleton Walberg
Cropsey Hanley Olshove Wallace
Curtis Harder Owen Wetters
Dalman Horton Palamara Whyman
DeHart Jansen Parks Willard
DeVuyst Jelinek Perricone Wojno
Dobb
In The Chair: DeHart
By unanimous consent the House returned the order of
Second Reading of Bills
House Bill No. 4326, entitled
A bill to amend 1965 PA 290, entitled "Boiler act of 1965," by amending the title and sections 2, 4, 4a, 12, 14, and 24 (MCL 408.752, 408.754, 408.754a, 408.762, 408.764, and 408.774), sections 2 and 4a as amended by 1986 PA 277 and section 4 as amended by 1980 PA 274, and by adding sections 13a, 13b, 13c, and 13d.
Was read a second time, and the question being on the adoption of the proposed amendment previously recommended by the Committee on Regulatory Affairs (for amendment, see House Journal No. 78, p. 2411),
The amendment was adopted, a majority of the members serving voting therefor.
Rep. LaForge 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. 4326, entitled
A bill to amend 1965 PA 290, entitled "Boiler act of 1965," by amending the title and sections 2, 4, 4a, 12, 14, and 24 (MCL 408.752, 408.754, 408.754a, 408.762, 408.764, and 408.774), sections 2 and 4a as amended by 1986 PA 277 and section 4 as amended by 1980 PA 274, and by adding sections 13a, 13b, 13c, and 13d.
The bill was read a third time.
The question being on the passage of the bill,
Rep. LaForge moved that consideration of the bill be postponed temporarily.
The motion prevailed.
Second Reading of Bills
House Bill No. 5946, entitled
A bill to amend 1998 PA 58, entitled "Michigan liquor control code of 1998," (MCL 436.1101 to 436.2303) by adding section 1016.
Was read a second time, and the question being on the adoption of the proposed amendment previously recommended by the Committee on Regulatory Affairs (for amendment, see House Journal No. 78, p. 2411),
The amendment was adopted, a majority of the members serving voting therefor.
Rep. Kilpatrick moved to amend the bill as follows:
1. Amend page 1, following "THE PEOPLE OF THE STATE OF MICHIGAN ENACT:" by inserting:
"Sec. 501. (1) The commission may issue licenses as provided in this act upon the payment of the fees provided in section 525 and the filing of the bonds required in section 801 or liability insurance as provided in section 803.
(2) A full-year license issued by the commission shall expire on April 30 following the date of issuance or the date fixed by the commission. A license issued under this act shall be construed as a contract between the commission and the licensee and shall be signed by both parties. If a licensee dies, the commission may approve the operation of the establishment by a personal representative or independent personal representative duly appointed by a court of competent jurisdiction, pending the settlement of the estate of the deceased licensee. The commission may approve a receiver or trustee appointed by a court of competent jurisdiction to operate the licensed establishment of a licensee. The commission may grant a part-year license for a proportionate part of the license fee specified in section 525. In a resort area the commission shall grant a license for a period of time as short as 3 months. A license may be transferred with the consent of the commission. A class C or specially designated distributor license obtained in a manner other than by transfer shall not be transferred within 3 years after its issuance except under circumstances where the licensee clearly and convincingly demonstrates that unusual hardship will result if the transfer does not receive the consent of the commission. An application for a license to sell alcoholic liquor for consumption on the premises, except in a city having a population of 1,000,000 750,000 or more, shall be approved by the local legislative body in which the applicant's place of business is located before the license is granted by the commission, except that in the case of an application for renewal of an existing license, if an objection to a renewal has not been filed with the commission by the local legislative body not less than 30 days before the date of expiration of the license, the approval of the local legislative body shall not be required. The commission shall provide the local legislative body and the local chief of police with the name, home and business addresses, and home and business phone numbers to accomplish the local legislative reviews of new and transferred license applications required by this subsection. Upon request of the local legislative body after due notice and proper hearing by the local legislative body and the commission, the commission shall revoke the license of a licensee granted a license to sell alcoholic liquor for consumption on the premises or any permit held in conjunction with that license.
(3) A local legislative body, by resolution, may request that the commission revoke the license of a licensee granted a license to sell alcoholic liquor for consumption off the premises whose place of business is located within the local legislative body's jurisdiction and who has been determined pursuant to commission violation hearings to have sold or furnished alcoholic liquor, on at least 3 separate occasions in a single calendar year, to a person who is less than 21 years of age if those violations did not involve the use of falsified or fraudulent identification by the person who is less than 21 years of age. If the commission verifies that the licensee who is the subject of the resolution has been found to have committed the violations as prescribed in this subsection, the commission may suspend or revoke the licensee's license and any permit held in conjunction with that license.
(4) This act does not prohibit a hotel which is or was the holder of a license authorizing the retail sale of alcoholic liquor for consumption on the premises from applying for and receiving under this act any other and different type of license authorizing the retail sale of alcoholic liquor for consumption on the premises, and the application for the license shall not be considered a new application for a license so long as the total number of public licenses for consumption on the premises does not exceed the authorized total established in this act and the sale of alcoholic liquor is approved by the electors. The commission may divide the state into 3 zones and establish for each zone an anniversary date for renewal of full-year retail licenses in the licensing year. The commission shall promulgate rules pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328, for the effective administration of the renewal of licenses.
(5) The commission, with the written approval of the department of agriculture in the case of the Michigan state fairgrounds and the Upper Peninsula state fairgrounds, may issue without regard to the quota provision of section 531 a tavern license to a person as concessionaire leasing or renting a portion of either the Upper Peninsula state fairgrounds or the state fairgrounds, or both, to service the licensed area in use for recreational or exhibition purposes other than at the time of the annual Upper Peninsula state fair under section 2 of 1927 PA 89, MCL 285.142. A license issued under this subsection is not transferable.
Sec. 916. (1) An on-premises licensee shall not allow monologues, dialogues, motion pictures, still slides, closed circuit television, contests, or other performances for public viewing on the licensed premises unless the licensee has applied for and been granted an entertainment permit by the commission. Issuance of an entertainment permit under this subsection does not allow topless activity on the licensed premises.
(2) An on-premises licensee shall not allow dancing by customers on the licensed premises unless the licensee has applied for and been granted a dance permit by the commission. Issuance of a dance permit under this subsection does not allow topless activity on the licensed premises.
(3) An on-premises licensee shall not allow topless activity on the licensed premises unless the licensee has applied for and been granted a topless activity permit by the commission. This section is not intended to prevent a local unit of government from enacting an ordinance prohibiting topless activity or nudity on a licensed premises located within that local unit of government. This subsection applies only to topless activity permits issued by the commission to on-premises licensees located in counties with a population of 95,000 or less.
(4) The commission may issue to an on-premises licensee a combination dance-entertainment permit or topless activity-entertainment permit after application requesting a permit for both types of activities.
(5) An on-premises licensee shall not allow the activities allowed by a permit issued under this section at any time other than the legal hours for sale and consumption of alcoholic liquor.
(6) Before the issuance of any permit under this section, the on-premises licensee shall obtain the approval of all of the following:
(a) The commission.
(b) Except in cities with a population of 1,000,000 750,000 or more, the local legislative body of the jurisdiction within which the premises are located.
(c) The chief law enforcement officer of the jurisdiction within which the premises are located or the entity contractually designated to enforce the law in that jurisdiction.
(7) The following activities are allowed without the granting of a permit under this section:
(a) The performance or playing of an orchestra, piano, or other types of musical instruments, or singing.
(b) Any publicly broadcast television transmission from a federally licensed station.
(8) In the case of a licensee granted an entertainment or dance permit under R 436.1407 of the Michigan administrative code who, after January 1, 1998, extended the activities conducted under that permit to regular or full-time topless activity, that licensee shall apply to the commission for a topless activity permit under this section within 60 days after the effective date of this section in order to continue topless activity. Except as otherwise provided for in this subsection, this section applies only to entertainment or dance permits issued after the effective date of this section.
(9) The fees imposed by the commission for a permit under this section remain the same as the fees imposed under a permit issued under R 436.1407 of the Michigan administrative code.
(10) Except as otherwise provided, this section does not change the renewal or application process for a license under section 17 or the renewal process for permits issued under R 436.1407 of the Michigan administrative code.
(11) As used in this section:
(a) "Nudity" means exposure to public view of the whole or part of the pubic region; the whole or part of the anus; the whole or part of the buttocks; the whole or part of the genitals; or the breast area including the nipple or more than 1/2 of the area of the breast.
(b) "Topless activity" means activity that includes, but is not limited to, entertainment or work-related activity performed by any of the following persons on the licensed premises in which the female breast area, including the nipple, or more than 1/2 of the area of the breast, is directly exposed or exposed by means of see-through clothing or a body stocking:
(i) A licensee.
(ii) An employee, agent, or contractor of the licensee.
(iii) A person acting under the control of or with the permission of the licensee.".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
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. Hammerstrom moved that Reps. LeTarte and Nye be excused temporarily from today's session.
The motion prevailed.
By unanimous consent the House returned to the order of
Third Reading of Bills
House Bill No. 5946, entitled
A bill to amend 1998 PA 58, entitled "Michigan liquor control code of 1998," (MCL 436.1101 to 436.2303) by adding section 1016.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1002 Yeas--85
Agee Dobronski Jellema Profit
Alley Emerson Johnson Prusi
Anthony Fitzgerald Kaza Quarles
Baade Frank Kelly Raczkowski
Baird Freeman Kilpatrick Rhead
Bankes Gagliardi Kukuk Richner
Basham Galloway LaForge Rison
Birkholz Geiger Leland Rocca
Bobier Gernaat Llewellyn Sanborn
Bodem Gilmer Lowe Schauer
Bogardus Gire Martinez Schermesser
Brackenridge Godchaux McBryde Schroer
Brater Goschka McManus Scott
Brewer Gustafson McNutt Scranton
Brown Hale Middaugh Tesanovich
Byl Hammerstrom Middleton Thomas
Callahan Hanley Olshove Varga
Cassis Harder Oxender Vaughn
Cherry Hertel Palamara Wallace
Curtis Jansen Perricone Wetters
DeHart Jelinek Price Wojno
Dobb
Nays--12
Cropsey Green London Walberg
Dalman Gubow Sikkema Whyman
DeVuyst Horton Voorhees Willard
In The Chair: DeHart
The question being on agreeing to the title of the bill,
Rep. Gagliardi moved to amend the title to read as follows:
A bill to amend 1998 PA 58, entitled "Michigan liquor control code of 1998," by amending sections 501 and 916 (MCL 436.1501 and 436.1916), as added by 1998 PA 58 and by adding section 1016.
The motion prevailed.
The House agreed to the title as amended.
Rep. Gagliardi moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
______
Acting Speaker Hanley assumed the Chair.
By unanimous consent the House returned to the order of
Reports of Standing Committees
The Committee on Public Retirement, by Rep. DeHart, Chair, reported
House Bill No. 5757, entitled
A bill to amend 1943 PA 240, entitled "State employees' retirement act," (MCL 38.1 to 38.69) by adding section 19g.
With the recommendation that substitute (H-1) previously recommended by the Committee on Appropriations 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 5757 To Report Out:
Yeas: Reps. DeHart, Brewer, Dobronski, Mans, Basham,
Nays: Reps. Rhead, LeTarte.
The Committee on Public Retirement, by Rep. DeHart, Chair, reported
House Bill No. 6208, entitled
A bill to amend 1957 PA 261, entitled "Michigan legislative retirement system act," by amending sections 21, 22, 22c, 26, and 50a (MCL 38.1021, 38.1022, 38.1022c, 38.1026, and 38.1050a), sections 21, 22, and 26 as amended by 1994 PA 359, section 22c as amended by 1996 PA 486, and section 50a as amended by 1998 PA 80, and by adding section 36a.
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 6208 To Report Out:
Yeas: Reps. DeHart, Brewer, Dobronski, Mans, Basham, Rhead, LeTarte,
Nays: None.
The Committee on Public Retirement, by Rep. DeHart, Chair, reported
Senate Bill No. 73, entitled
A bill to amend 1961 PA 88, entitled "Reciprocal retirement act," by amending section 4 (MCL 38.1104), as amended by 1990 PA 274.
With the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
SB 73 To Report Out:
Yeas: Reps. DeHart, Brewer, Dobronski, Mans, Basham, Rhead, LeTarte,
Nays: None.
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. DeHart, Chair of the Committee on Public Retirement, was received and read:
Meeting held on: Thursday, December 3, 1998, at 9:00 a.m.,
Present: Reps. DeHart, Brewer, Dobronski, Mans, Basham, Rhead, LeTarte,
Absent: Reps. Dobb, Jelinek,
Excused: Reps. Dobb, Jelinek.
Second Reading of Bills
House Bill No. 5757, entitled
A bill to amend 1943 PA 240, entitled "State employees' retirement act," (MCL 38.1 to 38.69) by adding section 19g.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Appropriations,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. 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.
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. 5757, entitled
A bill to amend 1943 PA 240, entitled "State employees' retirement act," (MCL 38.1 to 38.69) by adding section 19g.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1003 Yeas--57
Agee Dobronski Kelly Rison
Alley Emerson Kilpatrick Schauer
Anthony Frank LaForge Schermesser
Baade Freeman Leland Scott
Baird Gagliardi Llewellyn Scranton
Basham Galloway Mans Stallworth
Bogardus Gire Martinez Tesanovich
Brater Godchaux Mathieu Thomas
Brewer Green Olshove Varga
Brown Gubow Owen Vaughn
Callahan Hale Price Wallace
Cherry Hanley Profit Wetters
Curtis Harder Prusi Willard
DeHart Hertel Quarles Wojno
Dobb
Nays--39
Bankes Fitzgerald Jellema Oxender
Birkholz Geiger Johnson Perricone
Bobier Gernaat Kaza Raczkowski
Bodem Gilmer Kukuk Richner
Brackenridge Goschka London Rocca
Byl Gustafson Lowe Sanborn
Cassis Hammerstrom McBryde Sikkema
Cropsey Horton McManus Voorhees
Dalman Jansen McNutt Walberg
DeVuyst Jelinek Middaugh
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.
______
Acting Speaker DeHart resumed the Chair.
Second Reading of Bills
House Bill No. 6208, entitled
A bill to amend 1957 PA 261, entitled "Michigan legislative retirement system act," by amending sections 21, 22, 22c, 26, and 50a (MCL 38.1021, 38.1022, 38.1022c, 38.1026, and 38.1050a), sections 21, 22, and 26 as amended by 1994 PA 359, section 22c as amended by 1996 PA 486, and section 50a as amended by 1998 PA 80, and by adding section 36a.
Was read a second time, and the question being on the adoption of the proposed substitute (H-3) previously recommended by the Committee on Public Retirement,
The substitute (H-3) was adopted, a majority of the members serving voting therefor.
Rep. Rhead 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. Sikkema moved that Rep. Gustafson be excused temporarily from today's session.
The motion prevailed.
By unanimous consent the House returned to the order of
Third Reading of Bills
House Bill No. 6208, entitled
A bill to amend 1957 PA 261, entitled "Michigan legislative retirement system act," by amending sections 21, 22, 22c, 26, and 50a (MCL 38.1021, 38.1022, 38.1022c, 38.1026, and 38.1050a), sections 21, 22, and 26 as amended by 1994 PA 359, section 22c as amended by 1996 PA 486, and section 50a as amended by 1998 PA 80, and by adding section 36a.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1004 Yeas--90
Agee Dobb Kaza Prusi
Alley Dobronski Kelly Quarles
Anthony Emerson Kilpatrick Raczkowski
Baade Frank Kukuk Rhead
Baird Freeman LaForge Rison
Bankes Gagliardi Leland Rocca
Basham Galloway Llewellyn Sanborn
Birkholz Geiger London Schauer
Bobier Gernaat Lowe Schermesser
Bodem Gilmer Mans Schroer
Bogardus Gire Mathieu Scott
Brackenridge Godchaux McBryde Scranton
Brater Green McManus Sikkema
Brown Gubow McNutt Stallworth
Byl Hale Middaugh Tesanovich
Callahan Hammerstrom Middleton Thomas
Cassis Hanley Owen Varga
Cherry Harder Oxender Vaughn
Ciaramitaro Horton Palamara Walberg
Cropsey Jansen Parks Wetters
Curtis Jelinek Price Whyman
Dalman Jellema Profit Wojno
DeHart Johnson
Nays--1
Willard
In The Chair: DeHart
The question being on agreeing to the title of the bill,
Rep. Gagliardi moved to amend the title to read as follows:
A bill to amend 1957 PA 261, entitled "Michigan legislative retirement system act," by amending sections 11, 17b, 21, 21a, 22, 22c, 23d, 26, 50a, 75, and 79 (MCL 38.1011, 38.1017b, 38.1021, 38.1021a, 38.1022, 38.1022c, 38.1023d, 38.1026, 38.1050a, 38.1075, and 38.1079), sections 21, 22, 23d, and 26 as amended by 1994 PA 359, section 11 as amended by 1988 PA 512, section 17b as amended and section 21a as added by 1987 PA 58, section 22c as amended and sections 75 and 79 as added by 1996 PA 486, and section 50a as amended by 1998 PA 80, and by adding sections 36a and 58a.
The motion prevailed.
The House agreed to the title as amended.
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
Senate Bill No. 240, entitled
A bill to amend 1979 PA 94, entitled "The state school aid act of 1979," by amending sections 6, 11, 17b, 20, 31a, 51a, 81, and 107 (MCL 388.1606, 388.1611, 388.1617b, 388.1620, 388.1631a, 388.1651a, 388.1681, and 388.1707), sections 6, 11, 17b, 20, 51a, 81, and 107 as amended by 1997 PA 93, and section 31a as amended by 1997 PA 24, and by adding sections 11e, 11f, 20k, 29, and 31c.
Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Appropriations,
The substitute (H-2) was adopted, a majority of the members serving voting therefor.
Reps. Emerson and Oxender moved to amend the bill as follows:
1. Amend page 25, line 16, after "by" by striking out "May 20" and inserting "JULY 15".
2. Amend page 25, line 25, after the second "the" by striking out "June" and inserting "AUGUST".
3. Amend page 40, line 26, after the first "the" by inserting "sum of the".
4. Amend page 40, line 27, after "1996-97" by striking out the period and inserting "and the amount of funding actually received by the intermediate district under former section 11b as in effect for 1995-96.".
The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.
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. 240, entitled
A bill to amend 1979 PA 94, entitled "The state school aid act of 1979," by amending sections 6, 11, 17b, 20, 31a, 51a, 81, and 107 (MCL 388.1606, 388.1611, 388.1617b, 388.1620, 388.1631a, 388.1651a, 388.1681, and 388.1707), sections 6, 11, 17b, 20, 51a, 81, and 107 as amended by 1997 PA 93, and section 31a as amended by 1997 PA 24, and by adding sections 11e, 11f, 20k, 29, and 31c.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1005 Yeas--93
Agee Dobb Johnson Price
Alley Dobronski Kaza Profit
Anthony Emerson Kelly Prusi
Baade Frank Kilpatrick Quarles
Baird Freeman Kukuk Raczkowski
Bankes Gagliardi LaForge Rhead
Basham Galloway Leland Rison
Birkholz Geiger Llewellyn Rocca
Bobier Gernaat London Sanborn
Bodem Gilmer Lowe Schauer
Bogardus Gire Mans Schermesser
Brackenridge Godchaux Martinez Schroer
Brater Green Mathieu Scott
Brewer Gubow McBryde Scranton
Brown Hale McManus Tesanovich
Byl Hammerstrom McNutt Thomas
Callahan Hanley Middaugh Varga
Cassis Harder Middleton Vaughn
Cherry Hertel Olshove Walberg
Ciaramitaro Horton Owen Wetters
Cropsey Jansen Oxender Whyman
Curtis Jelinek Palamara Willard
Dalman Jellema Parks Wojno
DeHart
Nays--0
In The Chair: DeHart
The question being on agreeing to the title of the bill,
Rep. Gagliardi moved to amend the title to read as follows:
A bill to amend 1979 PA 94, entitled "An act to make appropriations to aid in the support of the public schools and the intermediate school districts of the state; to make appropriations for certain other purposes relating to education; to provide for the disbursement of the appropriations; to supplement the school aid fund by the levy and collection of certain taxes; to authorize the issuance of certain bonds and provide for the security of those bonds; to prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to prescribe penalties; and to repeal acts and parts of acts," by amending sections 11, 11g, 20, 20b, 31a, 51a, 63, and 81 (MCL 388.1611, 388.1611g, 388.1620, 388.1620b, 388.1631a, 388.1651a, 388.1663, and 388.1681), sections 11, 11g, 20, 31a, 51a, and 81 as amended and sections 20b and 63 as added by 1998 PA 339.
The motion prevailed.
The House agreed to the title as amended.
Rep. Gagliardi moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
______
Rep. Wetters asked and obtained a temporary excuse from today's session.
Rep. Kaza asked and obtained an excuse from the balance of today's session.
Quorum Call
Rep. Gagliardi questioned the presence of a quorum and moved that the roll be called and printed in the Journal.
The motion prevailed.
The roll was called and the Clerk announced that a quorum was present.
The following is the roll call:
Roll Call No. 1006 Yeas--71
Agee Freeman Llewellyn Rocca
Alley Gagliardi Lowe Sanborn
Baade Galloway Mans Schauer
Basham Gernaat Martinez Schermesser
Birkholz Goschka Mathieu Schroer
Bodem Green McBryde Scott
Bogardus Gubow McManus Scranton
Brackenridge Gustafson McNutt Sikkema
Brater Hale Middaugh Stallworth
Brown Hammerstrom Olshove Tesanovich
Callahan Hanley Owen Thomas
Cassis Harder Perricone Varga
Cherry Horton Price Voorhees
Ciaramitaro Jelinek Prusi Walberg
Curtis Kilpatrick Raczkowski Whyman
DeHart Kukuk Rhead Willard
DeVuyst LaForge Richner Wojno
Frank Leland Rison
In The Chair: DeHart
House Bill No. 4890, entitled
A bill to amend 1969 PA 319, entitled "Banking code of 1969," (MCL 487.301 to 487.598) by adding section 247.
The bill was read a third time.
The question being on the passage of the bill,
Rep. Thomas moved to substitute (H-6) the bill.
The motion was seconded and the substitute (H-6) was adopted, a majority of the members serving voting therefor.
The question being on the passage of the bill,
The bill was then passed, 2/3 of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1007 Yeas--90
Agee Dobb Kelly Quarles
Alley Fitzgerald Kilpatrick Raczkowski
Anthony Frank Kukuk Richner
Baade Freeman LaForge Rison
Baird Gagliardi Leland Rocca
Basham Galloway Llewellyn Sanborn
Birkholz Geiger London Schauer
Bobier Gernaat Lowe Schermesser
Bodem Gilmer Mans Schroer
Bogardus Gire Martinez Scott
Brackenridge Godchaux Mathieu Scranton
Brater Goschka McBryde Sikkema
Brown Green McManus Stallworth
Byl Gubow McNutt Tesanovich
Callahan Gustafson Middaugh Thomas
Cassis Hale Middleton Varga
Cherry Hammerstrom Olshove Voorhees
Ciaramitaro Hanley Oxender Walberg
Cropsey Harder Perricone Wallace
Curtis Horton Price Whyman
Dalman Jansen Profit Willard
DeHart Jelinek Prusi Wojno
DeVuyst Jellema
Nays--0
In The Chair: DeHart
The question being on agreeing to the title of the bill,
Rep. Gagliardi moved to amend the title to read as follows:
A bill to amend 1969 PA 319, entitled "Banking code of 1969," by amending section 205 (MCL 487.505), as amended by 1985 PA 177.
The motion prevailed.
The House agreed to the title as amended.
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. 5989, entitled
A bill to amend 1971 PA 140, entitled "State revenue sharing act of 1971," by amending sections 11, 12a, and 13 (MCL 141.911, 141.912a, and 141.913), section 11 as amended by 1996 PA 468 and section 12a as added and section 13 as amended by 1996 PA 342; and to repeal acts and parts of acts.
Was read a second time, and the question being on the adoption of the proposed substitute (H-3) previously recommended by the Committee on Appropriations,
The substitute (H-3) was adopted, a majority of the members serving voting therefor.
Rep. Sanborn moved to amend the bill as follows:
1. Amend page 14, line 23, after "750,000" by striking out the balance of the line through "0.004" on line 24.
2. Amend page 15, line 7, after "BASE." by striking out the balance of the subdivision.
The motion did not prevail and the amendments were not adopted, a majority of the members serving not voting therefor.
Rep. Voorhees moved to substitute (H-7) the bill.
The question being on the adoption of the substitute (H-7) offered by Rep. Voorhees,
Rep. Voorhees demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the substitute (H-7) offered by Rep. Voorhees,
The substitute (H-7) was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 1008 Yeas--46
Alley Galloway Jellema Perricone
Birkholz Geiger Kukuk Raczkowski
Bobier Gernaat Llewellyn Rhead
Bodem Gilmer London Rocca
Brackenridge Godchaux Lowe Sanborn
Cassis Goschka McBryde Scranton
Cropsey Green McManus Sikkema
Dalman Gustafson McNutt Voorhees
DeVuyst Hammerstrom Middaugh Walberg
Dobb Horton Middleton Whyman
Fitzgerald Jansen Oxender Wojno
Frank Jelinek
Nays--52
Agee Curtis Kilpatrick Richner
Anthony DeHart LaForge Rison
Baade Emerson Leland Schauer
Baird Freeman Mans Schermesser
Bankes Gagliardi Martinez Schroer
Basham Gire Mathieu Scott
Bogardus Gubow Olshove Stallworth
Brater Hale Owen Tesanovich
Brown Hanley Parks Thomas
Byl Harder Price Varga
Callahan Hertel Profit Vaughn
Cherry Johnson Prusi Wallace
Ciaramitaro Kelly Quarles Willard
In The Chair: DeHart
Rep. Voorhees moved to amend the bill as follows:
1. Amend page 22, line 15, by striking out all of subsection (14) and renumbering the remaining subsections.
The question being on the adoption of the amendment offered by Rep. Voorhees,
Rep. Voorhees demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Voorhees,
The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 1009 Yeas--35
Bankes Fitzgerald Jansen Raczkowski
Birkholz Galloway Jelinek Rhead
Bobier Geiger Jellema Rocca
Bodem Gernaat Kukuk Sanborn
Cassis Godchaux Lowe Scranton
Cropsey Goschka McBryde Sikkema
Dalman Green McManus Voorhees
DeVuyst Gustafson Middleton Whyman
Dobb Horton Perricone
Nays--63
Agee Frank Llewellyn Richner
Alley Freeman London Rison
Anthony Gagliardi Mans Schauer
Baade Gilmer Martinez Schermesser
Baird Gire Mathieu Schroer
Basham Gubow McNutt Scott
Bogardus Hale Middaugh Stallworth
Brackenridge Hammerstrom Olshove Tesanovich
Brater Hanley Owen Thomas
Brown Harder Oxender Varga
Byl Hertel Palamara Vaughn
Callahan Johnson Parks Walberg
Cherry Kelly Price Wallace
Ciaramitaro Kilpatrick Profit Willard
Curtis LaForge Prusi Wojno
DeHart Leland Quarles
In The Chair: DeHart
Rep. Ciaramitaro moved to amend the bill as follows:
1. Amend page 13, line 15, after "IS" by striking out "4.2" and inserting "4.32".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Voorhees moved to amend the bill as follows:
1. Amend page 21, line 15, after "ACT" by striking out the balance of the line through "1963" on line 16.
2. Amend page 21, line 17, after "ACT" by striking out the balance of the line through "1963" on line 18.
3. Amend page 21, line 23, by striking out all of line 23.
The question being on the adoption of the amendments offered by Rep. Voorhees,
Rep. Voorhees demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendments offered by Rep. Voorhees,
The amendments were not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 1010 Yeas--46
Alley Frank Jansen Oxender
Bankes Galloway Jelinek Perricone
Birkholz Geiger Jellema Raczkowski
Bobier Gernaat Kukuk Rhead
Bodem Gilmer Llewellyn Rocca
Brackenridge Godchaux Lowe Sanborn
Cassis Goschka McBryde Scranton
Cropsey Green McManus Sikkema
Dalman Gustafson McNutt Voorhees
DeVuyst Hammerstrom Middaugh Walberg
Dobb Harder Middleton Whyman
Fitzgerald Horton
Nays--53
Agee Emerson London Rison
Anthony Freeman Mans Schauer
Baade Gagliardi Martinez Schermesser
Baird Gire Mathieu Schroer
Basham Gubow Olshove Scott
Bogardus Hale Owen Stallworth
Brater Hanley Palamara Tesanovich
Brown Hertel Parks Thomas
Byl Johnson Price Varga
Callahan Kelly Profit Vaughn
Cherry Kilpatrick Prusi Wallace
Ciaramitaro LaForge Quarles Willard
Curtis Leland Richner Wojno
DeHart
In The Chair: DeHart
Rep. Voorhees moved to amend the bill as follows:
1. Amend page 22, following line 21, by inserting:
"(15) NOTWITHSTANDING ANY OTHER PROVISION OF THIS SECTION, THE CALCULATION OF THE DISTRIBUTION UNDER SUBSECTION (11) FOR EACH CITY, VILLAGE, AND TOWNSHIP SHALL BE ADJUSTED BY THE SAME PERCENTAGE CHANGE AS THE PERCENTAGE CHANGE IN THE POPULATION OF THE CITY, VILLAGE, OR TOWNSHIP AS REFLECTED IN THE 2000 FEDERAL DECENNIAL STATEWIDE CENSUS FROM THE IMMEDIATELY PREVIOUS FEDERAL CENSUS." and renumbering the remaining subsections.
The question being on the adoption of the amendment offered by Rep. Voorhees,
Rep. Voorhees demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Voorhees,
The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 1011 Yeas--47
Alley Fitzgerald Jansen Raczkowski
Bankes Frank Kukuk Rhead
Birkholz Galloway Llewellyn Richner
Bobier Geiger London Rocca
Bodem Gernaat Lowe Sanborn
Brackenridge Gilmer McBryde Scranton
Cassis Godchaux McManus Sikkema
Cropsey Goschka McNutt Voorhees
Curtis Green Middaugh Walberg
Dalman Gustafson Middleton Whyman
DeVuyst Hammerstrom Oxender Wojno
Dobb Horton Prusi
Nays--44
Agee Ciaramitaro LaForge Rison
Anthony DeHart Leland Schauer
Baade Emerson Mans Schermesser
Baird Gagliardi Martinez Schroer
Basham Gire Mathieu Scott
Bogardus Gubow Olshove Stallworth
Brater Hale Palamara Tesanovich
Brown Hanley Parks Thomas
Byl Johnson Price Varga
Callahan Kelly Profit Vaughn
Cherry Kilpatrick Quarles Willard
In The Chair: DeHart
Rep. Voorhees moved to substitute (H-6) the bill.
The question being on the adoption of the substitute (H-6) offered by Rep. Voorhees,
Rep. Voorhees demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the substitute (H-6) offered by Rep. Voorhees,
The substitute (H-6) was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 1012 Yeas--43
Alley Dobb Jelinek Prusi
Anthony Fitzgerald Jellema Raczkowski
Birkholz Galloway Kukuk Rhead
Bobier Geiger Llewellyn Rocca
Bodem Gernaat Lowe Sanborn
Brackenridge Goschka McBryde Sikkema
Byl Green McManus Tesanovich
Cassis Gustafson McNutt Voorhees
Cropsey Hammerstrom Middaugh Walberg
Dalman Horton Middleton Whyman
DeVuyst Jansen Oxender
Nays--50
Agee Emerson LaForge Rison
Baade Frank London Schauer
Baird Freeman Mans Schermesser
Bankes Gilmer Martinez Schroer
Basham Gire Mathieu Scott
Bogardus Godchaux Olshove Scranton
Brater Gubow Owen Stallworth
Brown Hale Parks Thomas
Callahan Hanley Price Varga
Cherry Harder Profit Vaughn
Ciaramitaro Johnson Quarles Willard
Curtis Kelly Richner Wojno
DeHart Kilpatrick
In The Chair: DeHart
Rep. Geiger moved to amend the bill as follows:
1. Amend page 12, line 20, by striking out all of subparagraphs (iv) through (vi) and renumbering the remaining subparagraphs.
2. Amend page 13, line 14, after "CITY" by inserting "OR TOWNSHIP".
3. Amend page 13, line 16, after "CITY" by inserting "OR TOWNSHIP".
4. Amend page 13, line 19, after "CITY" by inserting "OR TOWNSHIP".
5. Amend page 13, line 22, after "CITY" by inserting "OR TOWNSHIP".
6. Amend page 13, line 25, after "CITY" by inserting "OR TOWNSHIP".
7. Amend page 14, line 1, after "CITY" by inserting "OR TOWNSHIP".
The question being on the adoption of the amendments offered by Rep. Geiger,
Rep. Geiger demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendments offered by Rep. Geiger,
The amendments were not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 1013 Yeas--54
Alley DeHart Jansen Perricone
Baird DeVuyst Jelinek Profit
Bankes Dobb Jellema Raczkowski
Birkholz Fitzgerald Kukuk Rocca
Bobier Frank Llewellyn Sanborn
Bodem Galloway Lowe Schermesser
Bogardus Geiger Mans Schroer
Brackenridge Gernaat McBryde Scranton
Brater Goschka McManus Sikkema
Brown Green McNutt Voorhees
Callahan Gustafson Middleton Walberg
Cassis Hammerstrom Owen Whyman
Cropsey Harder Oxender Willard
Dalman Horton
Nays--38
Agee Gubow Martinez Richner
Anthony Hale Mathieu Rison
Basham Hanley Middaugh Scott
Byl Hertel Olshove Stallworth
Cherry Johnson Parks Tesanovich
Ciaramitaro Kelly Price Thomas
Curtis Kilpatrick Prusi Varga
Emerson LaForge Quarles Vaughn
Freeman Leland Rhead Wojno
Godchaux London
In The Chair: DeHart
Rep. Sanborn moved to reconsider the vote by which the House did not adopt the amendments offered previously by Rep. Sanborn.
The motion prevailed, a majority of the members present voting therefor.
The question being on the adoption of the amendments offered previously by Rep. Sanborn,
Rep. Sanborn demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendments offered by Rep. Sanborn,
The amendments were not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 1014 Yeas--48
Alley Galloway Jelinek Raczkowski
Birkholz Geiger Jellema Rhead
Bobier Gernaat Kukuk Richner
Bodem Gilmer Llewellyn Rocca
Brackenridge Godchaux Lowe Sanborn
Cassis Goschka McBryde Schauer
Cropsey Green McManus Scranton
Curtis Gustafson McNutt Sikkema
Dalman Hammerstrom Middaugh Voorhees
DeVuyst Harder Middleton Walberg
Dobb Horton Oxender Whyman
Fitzgerald Jansen Perricone Willard
Nays--45
Agee Ciaramitaro London Quarles
Anthony DeHart Mans Rison
Baade Freeman Martinez Schermesser
Baird Gubow Mathieu Schroer
Bankes Hale Olshove Scott
Basham Hanley Owen Stallworth
Bogardus Johnson Palamara Tesanovich
Brater Kelly Parks Thomas
Brown Kilpatrick Price Varga
Byl LaForge Profit Vaughn
Callahan Leland Prusi Wojno
Cherry
In The Chair: DeHart
Rep. Ciaramitaro 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. Cherry 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. 5989, entitled
A bill to amend 1971 PA 140, entitled "State revenue sharing act of 1971," by amending sections 11, 12a, and 13 (MCL 141.911, 141.912a, and 141.913), section 11 as amended by 1996 PA 468 and section 12a as added and section 13 as amended by 1996 PA 342; and to repeal acts and parts of acts.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1015 Yeas--58
Agee Dobb Kelly Perricone
Baade Emerson Kilpatrick Price
Baird Fitzgerald LaForge Profit
Bankes Freeman Leland Quarles
Basham Gilmer London Raczkowski
Bogardus Gire Mans Richner
Brater Godchaux Martinez Rison
Brown Goschka Mathieu Schermesser
Callahan Gubow McBryde Scott
Cassis Gustafson McManus Stallworth
Cherry Hale Owen Thomas
Ciaramitaro Hanley Oxender Varga
Curtis Harder Palamara Wallace
DeHart Hertel Parks Willard
DeVuyst Johnson
Nays--33
Alley Green Lowe Schroer
Anthony Hammerstrom McNutt Scranton
Bobier Horton Middaugh Sikkema
Brackenridge Jansen Olshove Tesanovich
Cropsey Jelinek Rhead Voorhees
Dalman Jellema Rocca Walberg
Frank Kukuk Sanborn Whyman
Geiger Llewellyn Schauer Wojno
Gernaat
In The Chair: DeHart
The House agreed to the title of the bill.
Rep. Cherry 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. 5391, entitled
A bill to amend 1964 PA 284, entitled "City income tax act," by amending section 13 of chapter 2 (MCL 141.613), as amended by 1988 PA 216.
Was read a second time, and the question being on the adoption of the proposed substitute (H-5) previously recommended by the Committee on Tax Policy,
The substitute (H-5) was adopted, a majority of the members serving voting therefor.
Rep. Profit moved to amend the bill as follows:
1. Amend page 9, line 1, by striking out all of subdivisions (C) and (D) and inserting:
"(C) "LOCAL TAX BASE GROWTH RATE" MEANS THE TOTAL TAXABLE VALUE OF REAL PROPERTY AND PERSONAL PROPERTY IN THE CITY FOR THE MOST RECENT YEAR FOR WHICH DATA IS AVAILABLE DIVIDED BY THE TOTAL TAXABLE VALUE OF REAL PROPERTY AND PERSONAL PROPERTY IN THE CITY FOR THE SECOND YEAR IMMEDIATELY PRECEDING THE MOST RECENT YEAR FOR WHICH THE DATA IS AVAILABLE.
(D) "STATEWIDE TAX BASE GROWTH RATE" MEANS THE TOTAL TAXABLE VALUE OF REAL PROPERTY AND PERSONAL PROPERTY IN THE STATE FOR THE MOST RECENT YEAR FOR WHICH THE DATA IS AVAILABLE DIVIDED BY THE TOTAL TAXABLE VALUE OF REAL PROPERTY AND PERSONAL PROPERTY IN THE STATE FOR THE SECOND YEAR IMMEDIATELY PRECEDING THE MOST RECENT YEAR FOR WHICH THE DATA IS AVAILABLE.".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
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.
Rep. Cherry 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. 5391, entitled
A bill to amend 1964 PA 284, entitled "City income tax act," by amending section 13 of chapter 2 (MCL 141.613), as amended by 1988 PA 216.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1016 Yeas--96
Agee Dobb Johnson Profit
Alley Emerson Kelly Prusi
Anthony Fitzgerald Kilpatrick Quarles
Baade Frank Kukuk Raczkowski
Baird Freeman LaForge Rhead
Bankes Galloway Leland Richner
Basham Geiger Llewellyn Rison
Birkholz Gernaat London Rocca
Bobier Gilmer Lowe Sanborn
Bodem Gire Mans Schauer
Bogardus Godchaux Martinez Schermesser
Brackenridge Goschka Mathieu Schroer
Brater Green McBryde Scott
Brown Gubow McManus Scranton
Byl Gustafson McNutt Sikkema
Callahan Hale Middaugh Tesanovich
Cassis Hammerstrom Middleton Thomas
Cherry Hanley Olshove Varga
Ciaramitaro Harder Owen Vaughn
Cropsey Hertel Oxender Walberg
Curtis Horton Palamara Wallace
Dalman Jansen Parks Whyman
DeHart Jelinek Perricone Willard
DeVuyst Jellema Price Wojno
Nays--0
In The Chair: DeHart
The question being on agreeing to the title of the bill,
Rep. Gagliardi moved to amend the title to read as follows:
A bill to amend 1964 PA 284, entitled "City income tax act," by amending sections 3 and 3c of chapter 1 (MCL 141.503 and 141.503c), section 3 of chapter 1 as amended and section 3c of chapter 1 as added by 1988 PA 520.
The motion prevailed.
The House agreed to the title as amended.
Rep. Cherry moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
The House returned to the consideration of
House Bill No. 4326, entitled
A bill to amend 1965 PA 290, entitled "Boiler act of 1965," by amending the title and sections 2, 4, 4a, 12, 14, and 24 (MCL 408.752, 408.754, 408.754a, 408.762, 408.764, and 408.774), sections 2 and 4a as amended by 1986 PA 277 and section 4 as amended by 1980 PA 274, and by adding sections 13a, 13b, 13c, and 13d.
(The bill was considered earlier today, see today's Journal, p. 2455.)
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. 1017 Yeas--66
Agee Curtis Kilpatrick Rhead
Alley DeHart Kukuk Richner
Anthony Emerson LaForge Rison
Baade Fitzgerald Leland Rocca
Baird Frank London Schauer
Bankes Freeman Mans Schermesser
Basham Galloway Martinez Schroer
Birkholz Gernaat Mathieu Scott
Bobier Gilmer McManus Stallworth
Bodem Gire Olshove Tesanovich
Bogardus Godchaux Owen Thomas
Brackenridge Gubow Oxender Varga
Brater Hale Parks Vaughn
Brown Hanley Price Wallace
Callahan Harder Prusi Willard
Cherry Johnson Quarles Wojno
Ciaramitaro Kelly
Nays--25
Cassis Gustafson Lowe Sanborn
Cropsey Hammerstrom McBryde Scranton
Dalman Horton McNutt Sikkema
DeVuyst Jansen Middaugh Voorhees
Geiger Jelinek Perricone Walberg
Goschka Llewellyn Raczkowski Whyman
Green
In The Chair: DeHart
The question being on agreeing to the title of the bill,
Rep. Gagliardi moved to amend the title to read as follows:
A bill to amend 1965 PA 290, entitled "Boiler act of 1965," by amending the title and sections 2, 4, 4a, 12, 14, 23, and 24 (MCL 408.752, 408.754, 408.754a, 408.762, 408.764, 408.773, and 408.774), sections 2 and 4a as amended by 1986 PA 277, section 4 as amended by 1980 PA 274, and section 23 as amended by 1966 PA 273, and by adding sections 13a, 13b, 13c, and 13d.
The motion prevailed.
The House agreed to the title as amended.
Rep. Cherry 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. 6226, entitled
A bill to amend 1980 PA 299, entitled "Occupational code," by amending sections 2401, 2402, 2404, 2407, 2411, and 2412 (MCL 339.2401, 339.2402, 339.2404, 339.2407, 339.2411, and 339.2412), sections 2401 and 2411 as amended by 1991 PA 166, sections 2404 and 2407 as amended by 1988 PA 463, and section 2412 as amended by 1980 PA 496.
Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Regulatory Affairs,
The substitute (H-2) was adopted, a majority of the members serving voting therefor.
Rep. Hanley 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. 6227, entitled
A bill to amend 1979 PA 152, entitled "State license fee act," by amending section 39 (MCL 338.2239), as amended by 1988 PA 461.
The bill was read a second time.
Rep. Hanley 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. 5137, entitled
A bill to provide for access to the law enforcement information network by certain fire service agencies under certain circumstances; and to provide for certain civil remedies.
Was read a second time, and the question being on the adoption of the proposed substitute (H-4) previously recommended by the Committee on Judiciary,
The substitute (H-4) was adopted, a majority of the members serving voting therefor.
Rep. Jellema 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. 5735, entitled
A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 7cc (MCL 211.7cc), as amended by 1996 PA 476.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Tax Policy,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
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.
By unanimous consent the House returned to the order of
Third Reading of Bills
Rep. Cherry moved that House Bill No. 5137 be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
House Bill No. 5137, entitled
A bill to provide for access to the law enforcement information network by certain fire service agencies under certain circumstances; and to provide for certain civil remedies.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1018 Yeas--88
Agee DeHart Johnson Quarles
Alley Emerson Kilpatrick Raczkowski
Anthony Fitzgerald Kukuk Rhead
Baade Frank Leland Richner
Baird Freeman Llewellyn Rison
Bankes Galloway London Rocca
Basham Gernaat Lowe Sanborn
Birkholz Gilmer Mans Schauer
Bobier Gire Martinez Schroer
Bodem Godchaux Mathieu Scott
Bogardus Goschka McBryde Scranton
Brackenridge Green McManus Sikkema
Brater Gubow McNutt Stallworth
Brown Gustafson Middaugh Tesanovich
Byl Hale Middleton Thomas
Callahan Hammerstrom Olshove Varga
Cassis Hanley Owen Vaughn
Cherry Harder Oxender Walberg
Ciaramitaro Horton Palamara Wallace
Cropsey Jansen Perricone Whyman
Curtis Jelinek Price Willard
Dalman Jellema Prusi Wojno
Nays--0
In The Chair: DeHart
The question being on agreeing to the title of the bill,
Rep. Gagliardi moved to amend the title to read as follows:
A bill to amend 1974 PA 163, entitled "L.E.I.N. policy council act of 1974," by amending section 4 (MCL 28.214), as amended by 1998 PA 82.
The motion prevailed.
The House agreed to the title as amended.
Rep. Cherry moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Rep. Cherry moved that House Bill No. 5735 be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
House Bill No. 5735, entitled
A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 7cc (MCL 211.7cc), as amended by 1996 PA 476.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1019 Yeas--93
Agee Emerson Kelly Raczkowski
Alley Fitzgerald Kilpatrick Rhead
Anthony Frank Kukuk Richner
Baade Freeman LaForge Rison
Baird Galloway Leland Rocca
Bankes Geiger Llewellyn Sanborn
Basham Gernaat London Schauer
Birkholz Gilmer Lowe Schermesser
Bobier Gire Mans Schroer
Bodem Godchaux Mathieu Scott
Bogardus Goschka McBryde Scranton
Brackenridge Green McManus Sikkema
Brater Gubow McNutt Stallworth
Brown Gustafson Middaugh Tesanovich
Byl Hale Middleton Thomas
Callahan Hammerstrom Olshove Varga
Cassis Hanley Owen Vaughn
Cherry Harder Oxender Voorhees
Ciaramitaro Horton Parks Walberg
Cropsey Jansen Perricone Wallace
Curtis Jelinek Price Whyman
Dalman Jellema Prusi Willard
DeHart Johnson Quarles Wojno
DeVuyst
Nays--0
In The Chair: DeHart
The House agreed to the title of the bill.
Rep. Cherry 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. 4539, entitled
A bill to amend 1953 PA 232, entitled "An act to revise, consolidate, and codify the laws relating to probationers and probation officers, to pardons, reprieves, commutations, and paroles, to the administration of correctional institutions, correctional farms, and probation recovery camps, to prisoner labor and correctional industries, and to the supervision and inspection of local jails and houses of correction; to provide for the siting of correctional facilities; to create a state department of corrections, and to prescribe its powers and duties; to provide for the transfer to and vesting in said department of powers and duties vested by law in certain other state boards, commissions, and officers, and to abolish certain boards, commissions, and offices the powers and duties of which are transferred by this act; to prescribe the powers and duties of certain other state departments and agencies; to provide for the creation of a local lockup advisory board; to prescribe penalties for the violation of the provisions of this act; to make certain appropriations; to repeal certain parts of this act on specific dates; and to repeal all acts and parts of acts inconsistent with the provisions of this act," by amending section 34 (MCL 791.234), as amended by 1994 PA 345.
Was read a second time, and the question being on the adoption of the proposed substitute (H-3) previously recommended by the Committee on Judiciary,
The substitute (H-3) was adopted, a majority of the members serving voting therefor.
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.
Rep. Cherry 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. 4539, entitled
A bill to amend 1953 PA 232, entitled "An act to revise, consolidate, and codify the laws relating to probationers and probation officers, to pardons, reprieves, commutations, and paroles, to the administration of correctional institutions, correctional farms, and probation recovery camps, to prisoner labor and correctional industries, and to the supervision and inspection of local jails and houses of correction; to provide for the siting of correctional facilities; to create a state department of corrections, and to prescribe its powers and duties; to provide for the transfer to and vesting in said department of powers and duties vested by law in certain other state boards, commissions, and officers, and to abolish certain boards, commissions, and offices the powers and duties of which are transferred by this act; to prescribe the powers and duties of certain other state departments and agencies; to provide for the creation of a local lockup advisory board; to prescribe penalties for the violation of the provisions of this act; to make certain appropriations; to repeal certain parts of this act on specific dates; and to repeal all acts and parts of acts inconsistent with the provisions of this act," by amending section 34 (MCL 791.234), as amended by 1994 PA 345.
The bill was read a third time.
The question being on the passage of the bill,
Rep. Gagliardi moved that consideration of the bill be postponed temporarily.
The motion prevailed.
Second Reading of Bills
House Bill No. 5961, entitled
A bill to amend 1976 PA 331, entitled "Michigan consumer protection act," by amending section 3 (MCL 445.903), as amended by 1996 PA 226.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1)* previously recommended by the Committee on Consumer Protection,
The substitute (H-1)* was adopted, a majority of the members serving voting therefor.
Rep. Mans moved to amend the bill as follows:
1. Amend page 7, line 9, after "INSTITUTION." by inserting "ADDITIONALLY, SUBSECTION (1)(GG) DOES NOT APPLY TO A TELECOMMUNICATION PROVIDER OR A PROVIDER OF A CABLE SERVICE AS DEFINED IN SECTION 102 OF THE MICHIGAN TELECOMMUNICATIONS ACT, 1991 PA 179, MCL 484.2102.".
The motion prevailed and the amendment 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 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. 5961, entitled
A bill to amend 1976 PA 331, entitled "Michigan consumer protection act," by amending section 3 (MCL 445.903), as amended by 1996 PA 226.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1020 Yeas--93
Agee DeVuyst Jellema Quarles
Alley Dobb Kelly Raczkowski
Anthony Emerson Kilpatrick Rhead
Baade Fitzgerald Kukuk Richner
Baird Frank LaForge Rison
Bankes Freeman Llewellyn Rocca
Basham Gagliardi London Sanborn
Birkholz Galloway Lowe Schauer
Bobier Geiger Mans Schermesser
Bodem Gernaat Martinez Schroer
Bogardus Gire Mathieu Scott
Brackenridge Godchaux McBryde Scranton
Brater Goschka McManus Sikkema
Brewer Green McNutt Stallworth
Brown Gubow Middaugh Tesanovich
Byl Hale Middleton Thomas
Callahan Hammerstrom Olshove Varga
Cassis Hanley Owen Vaughn
Cherry Harder Oxender Walberg
Ciaramitaro Hertel Parks Wallace
Cropsey Horton Perricone Whyman
Curtis Jansen Price Willard
Dalman Jelinek Prusi Wojno
DeHart
Nays--1
Voorhees
In The Chair: DeHart
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. Alley asked and obtained an excuse from the balance of today's session.
House Bill No. 6175, entitled
A bill to amend 1980 PA 450, entitled "The tax increment finance authority act," by amending section 1 (MCL 125.1801), as amended by 1997 PA 201.
(The bill was read a third time and postponed temporarily on November 10, see House Journal No. 76, p. 2309.)
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. 1021 Yeas--75
Agee Fitzgerald Kelly Rhead
Anthony Frank Kilpatrick Richner
Baade Freeman Kukuk Rocca
Bankes Gagliardi LaForge Sanborn
Basham Galloway Llewellyn Schermesser
Birkholz Geiger London Schroer
Bobier Gernaat Mans Scott
Bodem Gire Mathieu Scranton
Bogardus Godchaux McBryde Sikkema
Brater Goschka McManus Stallworth
Byl Green McNutt Tesanovich
Callahan Gubow Middaugh Thomas
Cassis Hale Owen Varga
Cherry Hammerstrom Oxender Vaughn
Cropsey Hanley Parks Voorhees
Curtis Harder Perricone Walberg
Dalman Horton Price Whyman
DeHart Jansen Prusi Wojno
Dobb Jellema Quarles
Nays--0
In The Chair: DeHart
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. Harder moved that Rep. Leland be excused temporarily from today's session.
The motion prevailed.
House Bill No. 6287, entitled
A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending sections 1304, 1310, 1312, 1313, 1332, 1375, and 1376 (MCL 600.1304, 600.1310, 600.1312, 600.1313, 600.1332, 600.1375, and 600.1376), sections 1304, 1310, 1312, 1375, and 1376 as amended by 1986 PA 104.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1022 Yeas--94
Agee Dobb Kelly Raczkowski
Anthony Emerson Kilpatrick Rhead
Baade Fitzgerald Kukuk Richner
Baird Frank LaForge Rison
Bankes Freeman Llewellyn Rocca
Basham Gagliardi London Sanborn
Birkholz Galloway Lowe Schauer
Bobier Geiger Mans Schermesser
Bodem Gernaat Martinez Schroer
Bogardus Gire Mathieu Scott
Brackenridge Godchaux McBryde Scranton
Brater Goschka McManus Sikkema
Brewer Green McNutt Stallworth
Brown Gubow Middaugh Tesanovich
Byl Gustafson Middleton Thomas
Callahan Hale Olshove Varga
Cassis Hammerstrom Owen Vaughn
Cherry Hanley Oxender Voorhees
Ciaramitaro Harder Parks Walberg
Cropsey Hertel Perricone Wallace
Curtis Horton Price Whyman
Dalman Jansen Prusi Willard
DeHart Jelinek Quarles Wojno
DeVuyst Jellema
Nays--0
In The Chair: DeHart
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. 5466, entitled
A bill to amend 1905 PA 157, entitled "An act to provide for the acquisition, maintenance, management, and control of township parks, resorts, bathing beaches, and places of recreation; to provide for the creation of a township park commission; to provide for a board of commissioners to provide for the issuance of bonds and the levy of taxes; to provide for the transfer of certain real property for parks; to authorize cities and villages to appropriate money for park purposes; to provide for the acquisition, construction, and use of wharves, piers, docks, and landing places in townships; and to provide the powers and duties of certain local units of government and certain officials," by amending section 6 (MCL 41.426), as added by 1989 PA 79.
Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Local Government,
The substitute (H-2) was adopted, a majority of the members serving voting therefor.
Rep. Dobb 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. 5466, entitled
A bill to amend 1905 PA 157, entitled "An act to provide for the acquisition, maintenance, management, and control of township parks, resorts, bathing beaches, and places of recreation; to provide for the creation of a township park commission; to provide for a board of commissioners to provide for the issuance of bonds and the levy of taxes; to provide for the transfer of certain real property for parks; to authorize cities and villages to appropriate money for park purposes; to provide for the acquisition, construction, and use of wharves, piers, docks, and landing places in townships; and to provide the powers and duties of certain local units of government and certain officials," by amending section 6 (MCL 41.426), as added by 1989 PA 79.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1023 Yeas--90
Agee Emerson Kilpatrick Raczkowski
Anthony Fitzgerald Kukuk Rhead
Baade Frank LaForge Richner
Baird Freeman Leland Rison
Basham Gagliardi Llewellyn Rocca
Birkholz Galloway London Sanborn
Bobier Geiger Lowe Schauer
Bodem Gernaat Mans Schermesser
Bogardus Gire Martinez Schroer
Brackenridge Godchaux Mathieu Scott
Brater Goschka McBryde Scranton
Brewer Green McManus Sikkema
Byl Gubow McNutt Stallworth
Callahan Hale Middaugh Tesanovich
Cassis Hammerstrom Middleton Thomas
Cherry Hanley Olshove Varga
Ciaramitaro Harder Oxender Vaughn
Cropsey Hertel Parks Voorhees
Curtis Horton Perricone Walberg
Dalman Jansen Price Whyman
DeHart Jelinek Prusi Willard
DeVuyst Jellema Quarles Wojno
Dobb Kelly
Nays--0
In The Chair: DeHart
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. 6018, entitled
A bill to amend 1937 PA 94, entitled "Use tax act," by amending section 5 (MCL 205.95).
The bill was read a second time.
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.
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. 6018, entitled
A bill to amend 1937 PA 94, entitled "Use tax act," by amending section 5 (MCL 205.95).
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1024 Yeas--82
Agee Emerson Jelinek Quarles
Anthony Fitzgerald Jellema Raczkowski
Baade Frank Kelly Rhead
Baird Freeman Kilpatrick Richner
Basham Gagliardi Kukuk Rocca
Birkholz Galloway Leland Sanborn
Bobier Geiger Llewellyn Schauer
Bodem Gernaat London Schroer
Bogardus Gire Lowe Scott
Brackenridge Godchaux Mans Scranton
Brater Goschka McBryde Sikkema
Brewer Green McManus Stallworth
Brown Gubow McNutt Tesanovich
Cassis Gustafson Middaugh Thomas
Cherry Hale Middleton Vaughn
Cropsey Hammerstrom Owen Voorhees
Curtis Hanley Oxender Walberg
Dalman Harder Parks Wallace
DeHart Hertel Perricone Whyman
DeVuyst Horton Price Willard
Dobb Jansen
Nays--6
Callahan LaForge Schermesser Wojno
Ciaramitaro Prusi
In The Chair: DeHart
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. 6019, entitled
A bill to amend 1933 PA 167, entitled "General sales tax act," by amending section 15 (MCL 205.65), as amended by 1993 PA 325.
The bill was read a second time.
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.
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. 6019, entitled
A bill to amend 1933 PA 167, entitled "General sales tax act," by amending section 15 (MCL 205.65), as amended by 1993 PA 325.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1025 Yeas--84
Baade Fitzgerald Jellema Price
Baird Frank Kelly Quarles
Basham Freeman Kilpatrick Raczkowski
Birkholz Gagliardi Kukuk Rhead
Bobier Galloway Leland Richner
Bodem Geiger Llewellyn Rocca
Bogardus Gernaat London Sanborn
Brackenridge Gire Lowe Schauer
Brater Godchaux Mans Scott
Brewer Goschka Martinez Scranton
Brown Green Mathieu Sikkema
Byl Gubow McBryde Stallworth
Callahan Gustafson McManus Thomas
Cassis Hale McNutt Varga
Cherry Hammerstrom Middaugh Vaughn
Ciaramitaro Hanley Middleton Voorhees
Cropsey Harder Olshove Walberg
Curtis Hertel Owen Wallace
DeHart Horton Oxender Whyman
DeVuyst Jansen Parks Willard
Dobb Jelinek Perricone Wojno
Nays--7
Agee LaForge Schermesser Tesanovich
Anthony Prusi Schroer
In The Chair: DeHart
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. 6251, entitled
A bill to amend 1933 PA 167, entitled "General sales tax act," by amending section 6 (MCL 205.56), as amended by 1998 PA 265.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Tax Policy,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Brackenridge moved to amend the bill as follows:
1. Amend page 3, line 25, after "CONSUMER" by inserting "OR ON THE FIRST RETURN DUE FOLLOWING THE EXPIRATION OF 90 DAYS AFTER THE DATE OF THE CREDIT SALE, WHICHEVER OCCURS FIRST".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
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.
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. 6251, entitled
A bill to amend 1933 PA 167, entitled "General sales tax act," by amending section 6 (MCL 205.56), as amended by 1998 PA 265.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1026 Yeas--92
Agee Dobb Jellema Rhead
Anthony Emerson Kelly Richner
Baade Fitzgerald Kilpatrick Rison
Baird Frank Kukuk Rocca
Bankes Freeman LaForge Sanborn
Basham Gagliardi Leland Schauer
Birkholz Galloway Llewellyn Schermesser
Bodem Geiger London Schroer
Bogardus Gernaat Lowe Scott
Brackenridge Gire Mans Scranton
Brater Godchaux McBryde Sikkema
Brewer Goschka McManus Stallworth
Brown Green McNutt Tesanovich
Byl Gubow Middaugh Thomas
Callahan Gustafson Middleton Varga
Cassis Hale Owen Vaughn
Cherry Hammerstrom Oxender Voorhees
Ciaramitaro Hanley Parks Walberg
Cropsey Harder Perricone Wallace
Curtis Hertel Price Wetters
Dalman Horton Prusi Whyman
DeHart Jansen Quarles Willard
DeVuyst Jelinek Raczkowski Wojno
Nays--0
In The Chair: DeHart
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. 5617, entitled
A bill to amend 1994 PA 295, entitled "Sex offenders registration act," by amending sections 3 and 7 (MCL 28.723 and 28.727), section 3 as amended by 1995 PA 10 and section 7 as amended by 1996 PA 494.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1)* previously recommended by the Committee on Judiciary,
The substitute (H-1)* was adopted, a majority of the members serving voting therefor.
Rep. Richner moved to amend the bill as follows:
1. Amend page 4, following line 11, by inserting:
"Sec. 10. (1) Except as provided in this act, a registration is confidential and shall not be open to inspection except for law enforcement purposes. The registration and all included materials and information are exempt from disclosure pursuant to section 13 of the freedom of information act, Act No. 442 of the Public Acts of 1976, being section 15.243 of the Michigan Compiled Laws.
(2) A department post, local law enforcement agency, or sheriff's department shall make information from the compilation described in section 8(2) for the zip code areas located in whole or in part within the post's, agency's, or sheriff's department's jurisdiction available for public inspection during regular business hours. A department post, local law enforcement agency, or sheriff's department is not required to make a copy of the information for a member of the public.
(3) The department may make information from the compilation described in section 8(2) available to the public through electronic, computerized, or other accessible means.
(4) Except as provided in this act, an individual other than the registrant who knows of a registration under this act and who divulges, uses, or publishes any nonpublic information concerning the registration in violation of this act is guilty of a misdemeanor punishable by imprisonment for not more than 90 days or a fine of not more than $500.00, or both.
(5) An individual whose registration is revealed in violation of this act has a civil cause of action against the responsible party for treble damages.
(6) Subsections (4) and (5) do not apply to the compilation described in section 8(2) or information from that compilation that is provided or made available under section 8(2) or under subsection (2) or (3).".
The question being on the adoption of the amendment offered by Rep. Richner,
Rep. Richner demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Richner,
The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 1027 Yeas--48
Anthony Fitzgerald Llewellyn Rhead
Birkholz Galloway London Richner
Bodem Geiger Lowe Rocca
Brackenridge Gernaat Mans Sanborn
Brown Goschka McBryde Scranton
Byl Gustafson McManus Sikkema
Callahan Hammerstrom McNutt Tesanovich
Cassis Horton Middaugh Voorhees
Cropsey Jansen Middleton Walberg
DeHart Jelinek Perricone Whyman
DeVuyst Jellema Prusi Willard
Dobb Kukuk Raczkowski Wojno
Nays--23
Agee Gire Owen Scott
Baird Gubow Parks Thomas
Brater Hale Price Varga
Cherry Kelly Quarles Vaughn
Ciaramitaro Martinez Schauer Wallace
Freeman Olshove Schroer
In The Chair: DeHart
Rep. Martinez 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. 5617, entitled
A bill to amend 1994 PA 295, entitled "Sex offenders registration act," by amending sections 3 and 7 (MCL 28.723 and 28.727), section 3 as amended by 1995 PA 10 and section 7 as amended by 1996 PA 494.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1028 Yeas--59
Agee Fitzgerald Leland Schermesser
Baade Freeman Mans Schroer
Baird Gagliardi Martinez Scott
Bodem Galloway McManus Scranton
Bogardus Gire Middaugh Sikkema
Brackenridge Godchaux Olshove Stallworth
Brater Gubow Owen Thomas
Brewer Gustafson Parks Varga
Byl Hale Price Vaughn
Cassis Hammerstrom Prusi Walberg
Cherry Hanley Quarles Wallace
Ciaramitaro Harder Raczkowski Wetters
Cropsey Kelly Richner Whyman
DeHart Kilpatrick Rison Willard
Dobb LaForge Schauer
Nays--24
Anthony Goschka Llewellyn Rhead
Birkholz Green London Rocca
Brown Horton Lowe Sanborn
DeVuyst Jansen McBryde Tesanovich
Geiger Jelinek Middleton Voorhees
Gernaat Kukuk Perricone Wojno
In The Chair: DeHart
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.
By unanimous consent the House returned to the order of
Motions and Resolutions
Rep. Gagliardi moved that Rule 45 be suspended.
The motion prevailed, 3/5 of the members present voting therefor.
Rep. Gagliardi moved that the Committee on Consumer Protection be discharged from further consideration of House Bill No. 5225.
The motion prevailed, a majority of the members serving voting therefor.
Second Reading of Bills
House Bill No. 5225, entitled
A bill to amend 1978 PA 59, entitled "Condominium act," (MCL 559.101 to 559.275) by adding sections 107a, 107b, 107c, 107d, and 107e.
The bill was read a second time.
Rep. Kilpatrick moved to amend the bill as follows:
1. Amend page 1, line 1, by striking out the balance of the bill and inserting:
"Sec. 141. (1) A condominium project shall comply with applicable local law, ordinances, and regulations. Except as provided in subsection (2), a proposed or existing condominium project shall not be prohibited nor treated differently by any law, regulation, or ordinance of any local unit of government, which would apply to that project or development under a different form of ownership.
(2) Except as to a city having a population of more than 1 million 750,000 persons, a local unit of government is preempted by the provisions of this act from enacting a law, regulation, ordinance, or other provision, which imposes a moratorium on conversion condominiums, or which provides rights for tenants of conversion condominiums or apartment buildings proposed as conversion condominiums, other than those provided in this act.".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Gire 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. Birkholz moved that Rep. Scranton be excused temporarily from today's session.
The motion prevailed.
Rep. Whyman moved that Rep. McManus be excused temporarily from today's session.
The motion prevailed.
By unanimous consent the House returned to the order of
Third Reading of Bills
House Bill No. 5225, entitled
A bill to amend 1978 PA 59, entitled "Condominium act," (MCL 559.101 to 559.275) by adding sections 107a, 107b, 107c, 107d, and 107e.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1029 Yeas--56
Agee Dobb LaForge Rison
Anthony Frank Leland Schauer
Baade Freeman Mans Schermesser
Baird Gagliardi Martinez Schroer
Basham Galloway Mathieu Scott
Bodem Gire Olshove Stallworth
Bogardus Godchaux Owen Tesanovich
Brackenridge Gubow Oxender Thomas
Brater Hale Parks Varga
Brown Hanley Price Vaughn
Callahan Harder Prusi Wallace
Cherry Kelly Quarles Wetters
Ciaramitaro Kilpatrick Rhead Willard
DeHart Kukuk Richner Wojno
Nays--29
Birkholz Gernaat Jellema Perricone
Byl Goschka Llewellyn Raczkowski
Cassis Gustafson London Rocca
Cropsey Hammerstrom Lowe Sanborn
Dalman Horton McBryde Sikkema
DeVuyst Jansen Middaugh Voorhees
Fitzgerald Jelinek Middleton Whyman
Geiger
In The Chair: DeHart
The question being on agreeing to the title of the bill,
Rep. Gagliardi moved to amend the title to read as follows:
A bill to amend 1978 PA 59, entitled "Condominium act," by amending section 141 (MCL 559.241), as amended by 1980 PA 513.
The motion prevailed.
The House agreed to the title as amended.
Rep. Gagliardi moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
By unanimous consent the House returned to the order of
Motions and Resolutions
Rep. Gagliardi moved that Rule 45 be suspended.
The motion prevailed, 3/5 of the members present voting therefor.
Rep. Gagliardi moved that the Committee on Local Government be discharged from further consideration of House Bill No. 5010.
The motion prevailed, a majority of the members serving voting therefor.
Second Reading of Bills
House Bill No. 5010, entitled
A bill to amend 1921 PA 207, entitled "City and village zoning act," by amending section 5 (MCL 125.585), as amended by 1986 PA 191.
The bill was read a second time.
Reps. Brackenridge and Kilpatrick moved to substitute (H-1) the bill.
The motion prevailed and the substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Brackenridge 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. Hammerstrom moved that Reps. Rhead, Llewellyn and Perricone be excused temporarily from today's session.
The motion prevailed.
By unanimous consent the House returned to the order of
Third Reading of Bills
House Bill No. 5010, entitled
A bill to amend 1921 PA 207, entitled "City and village zoning act," by amending section 5 (MCL 125.585), as amended by 1986 PA 191.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1030 Yeas--57
Agee Cropsey Harder Quarles
Anthony DeHart Hertel Richner
Baade Dobb Kelly Rison
Baird Emerson Kilpatrick Schermesser
Basham Fitzgerald LaForge Schroer
Birkholz Frank Leland Scott
Bodem Freeman Mans Stallworth
Bogardus Gagliardi Mathieu Tesanovich
Brackenridge Galloway Olshove Thomas
Brater Gire Owen Varga
Brewer Godchaux Oxender Wallace
Brown Gubow Parks Wetters
Callahan Hale Price Willard
Cherry Hanley Prusi Wojno
Ciaramitaro
Nays--26
Byl Green London Raczkowski
Cassis Hammerstrom Lowe Rocca
Dalman Horton McBryde Sanborn
DeVuyst Jansen McManus Sikkema
Geiger Jelinek Middaugh Voorhees
Gernaat Jellema Middleton Whyman
Goschka Kukuk
In The Chair: DeHart
The question being on agreeing to the title of the bill,
Rep. Gagliardi moved to amend the title to read as follows:
A bill to amend 1921 PA 207, entitled "City and village zoning act," by amending sections 3b and 5 (MCL 125.583b and 125.585), section 3b as amended by 1993 PA 210 and section 5 as amended by 1986 PA 191.
The motion prevailed.
The House agreed to the title as amended.
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, December 8, at 2:00 p.m.
The motion prevailed.
By unanimous consent the House returned to the order of
Motions and Resolutions
Reps. Sikkema, Dobronski, Dobb, LaForge, DeHart, Dalman, McNutt, Scott, Voorhees, Rhead, Kelly, Middaugh, Gernaat, Llewellyn, Cropsey, Hammerstrom, London, Jelinek, Raczkowski, Schauer, Vaughn, Galloway, Goschka, Parks, Richner, Profit, Tesanovich, Cherry, Green and Baird offered the following resolution:
House Resolution No. 460.
A resolution honoring Allan Falk upon the occasion of his retirement.
Whereas, Allan Falk began his service to the people of Michigan in 1967 as a resident assistant and member of the Honors College Board. After graduation from Yale Law School, Allan Falk resumed serving the people of Michigan in 1972 in the capacity of a research attorney and then commissioner for the Michigan Court of Appeals; and
Whereas, Allan Falk, as a member of Common Cause of Michigan, contributed to the drafting and passage of the civil liberties provisions of the Mental Health Code, 1974 PA 258, the Open Meetings Act, 1976 PA 267, the Freedom of Information Act, 1976 PA 442, and the Lobbying Registration and Disclosure Act, 1978 PA 472; and
Whereas, Allan Falk, as an individual private citizen, contributed to the development and enactment of the Criminal Forfeiture Act, 1988 PA 104, the Product Liability Law Reform Act, 1995 PA 249, and the Assisted Suicide Act, 1992 PA 270; and
Whereas, During the first eight years of his tenure with the Michigan Court of Appeals, he also served his country in the United States Army Reserve, achieving the rank of Captain prior to honorable discharge; and
Whereas, Allan Falk has contributed to the science of jurisprudence by authoring a definitive two volume treatise and practice guide on torts, numerous scholarly articles in legal periodicals, and prized materials for seminars on appellate law and on legal ethics, and as speaker at local, regional, and national bar association meetings; and
Whereas, Mr. Falk served the legal profession by a record decade-long membership on the State Bar of Michigan Committee on professional and judicial ethics and two terms of service as a member of the Appellate Court Administration Committee and Crime Victims Compensation Committee; and
Whereas, Allan Falk has endeavored to the interests of the people of Michigan by pursuit of constitutional litigation to limit the activities of the State Bar of Michigan and focus its organizational energies on regulation of the profession in the public interest. He has also served his community as president of his synagogue, and by holding key positions on the boards of directors of numerous civic, charitable, cultural, and recreational organizations; and
Whereas, Allan Falk has brought honor to Michigan as a three-time North American Bridge Champion, two-time World Bridge Bidding Champion, and as author of five books on contract bridge; and
Whereas, Effective December 31, 1998, Allan Falk will close his 28 year career as a public servant to embark upon the private practice of law; now, therefore, be it
Resolved by the House of Representatives, That this expression of respect, admiration, and good wishes be offered to Allan Falk on the occasion of his retirement from state service; and be it further
Resolved, That a copy of this resolution be presented to Allan Falk, as evidence of the esteem of the Michigan Legislature and of the people of Michigan.
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.
Reports of Standing Committees
The Committee on Regulatory Affairs, by Rep. Varga, Chair, reported
House Bill No. 6265, entitled
A bill to amend 1943 PA 240, entitled "State employees' retirement act," by amending sections 17l and 19 (MCL 38.17l and 38.19), section 17l as amended by 1996 PA 521 and section 19 as amended by 1998 PA 205.
With the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
HB 6265 To Report Out:
Yeas: Reps. Varga, Wojno, Scott, Vaughn, Fitzgerald, Richner, Sanborn, Voorhees,
Nays: None.
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Varga, Chair of the Committee on Regulatory Affairs, was received and read:
Meeting held on: Thursday, December 3, 1998, at 9:00 a.m.,
Present: Reps. Varga, Wojno, Scott, Vaughn, Fitzgerald, Richner, Sanborn, Voorhees,
Absent: Reps. Anthony, Leland, Olshove, Profit, Quarles, Rocca, Scranton,
Excused: Reps. Anthony, Leland, Olshove, Profit, Quarles, Rocca, Scranton.
The Committee on Insurance, by Rep. Gubow, Chair, reported
Senate Bill No. 1007, entitled
A bill to amend 1956 PA 218, entitled "The insurance code of 1956," (MCL 500.100 to 500.8302) by adding section839.
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
SB 1007 To Report Out:
Yeas: Reps. Gubow, Scott, Bogardus, Dobronski, Profit, Thomas, Varga, Vaughn, Llewellyn, Jelinek, Law, Middaugh, Voorhees,
Nays: Rep. London.
The Committee on Insurance, by Rep. Gubow, Chair, reported
Senate Bill No. 1019, entitled
A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending section 1204c (MCL 500.1204c), as amended by 1996 PA 466.
With the recommendation that the following amendments be adopted and that the bill then pass.
1. Amend page 5, line 16, after "MANAGEMENT" by inserting a comma and "EXCLUDING TELEMARKETING OR OTHER MARKETING INSTRUCTION".
2. Amend page 6, line 5, after "MANAGEMENT" by inserting a comma and "EXCLUDING TELEMARKETING OR OTHER MARKETING INSTRUCTION".
The bill and amendments were referred to the order of Second Reading of Bills.
Favorable Roll Call
SB 1019 To Report Out:
Yeas: Reps. Gubow, Bogardus, Dobronski, Profit, Thomas, Vaughn, Llewellyn, Green, Jelinek, Law, London, Middaugh,
Nays: None.
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Gubow, Chair of the Committee on Insurance, was received and read:
Meeting held on: Wednesday, December 2, 1998, at 4:15 p.m.,
Present: Reps. Gubow, Scott, Bogardus, Dobronski, Profit, Thomas, Varga, Vaughn, Llewellyn, Green, Jelinek, Law, London, Middaugh, Voorhees,
Absent: Reps. Palamara, Basham,
Excused: Reps. Palamara, Basham.
The Committee on House Oversight and Ethics, by Rep. Gagliardi, Chair, reported
House Concurrent Resolution No. 115.
A concurrent resolution concurring in the tribal-state gaming compacts negotiated between the Governor and the Little River Band of Ottawa Indians, the Pokagon Band of Potawatomi Indians, the Little Traverse Bay Bands of Odawa Indians, and the Nottawaseppi Huron Band of Potawatomi.
(For text of resolution, see House Journal No. 78, p. 2405.)
With the recommendation that the following amendments be adopted and that the concurrent resolution then be adopted.
1. Amend the title, line 5, after "Potawatomi" by inserting "and executed on December 3, 1998".
2. Amend the first Resolving clause, line 4, after "Governor" by inserting "and executed on December 3, 1998".
The Speaker announced that under Rule 77 the concurrent resolution would lie over one day.
Favorable Roll Call
HCR 115 To Report Out:
Yeas: Reps. Gagliardi, Brewer, DeHart, Varga, Wallace, Gustafson, DeVuyst, Fitzgerald, Goschka, Richner,
Nays: Reps. Cherry, Agee, Hanley, Kilpatrick, Wojno, Perricone, Voorhees.
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Gagliardi, Chair of the Committee on House Oversight and Ethics, was received and read:
Meeting held on: Thursday, December 3, 1998, at 12:00 Noon,
Present: Reps. Gagliardi, Cherry, Agee, Brewer, DeHart, Hanley, Kilpatrick, Varga, Wallace, Wojno, Gustafson, DeVuyst, Fitzgerald, Goschka, Perricone, Richner, Voorhees.
The Committee on Appropriations, by Rep. Mathieu, Chair, reported
Senate Bill No. 773, entitled
A bill to amend 1984 PA 431, entitled "The management and budget act," by amending sections 113, 115, 131, 203, 204, 205, 217, 219, 221, 237, 241, 242, 246, 248, 281, 303, 305, 342, 344, 350, 350a, 350e, 352, 353, 353e, 354, 355, 356, 363, 367, 367b, 367f, 371, 372, 384, 386, 393, 396, 404, 434, 443, 451, 454, 461, 462, 484, 485, 486, 492, and 493 (MCL 18.1113, 18.1115, 18.1131, 18.1203, 18.1204, 18.1205, 18.1217, 18.1219, 18.1221, 18.1237, 18.1241, 18.1242, 18.1246, 18.1248, 18.1281, 18.1303, 18.1305, 18.1342, 18.1344, 18.1350, 18.1350a, 18.1350e, 18.1352, 18.1353, 18.1353e, 18.1354, 18.1355, 18.1356, 18.1363, 18.1367, 18.1367b, 18.1367f, 18.1371, 18.1372, 18.1384, 18.1386, 18.1393, 18.1396, 18.1404, 18.1434, 18.1443, 18.1451, 18.1454, 18.1461, 18.1462, 18.1484, 18.1485, 18.1486, 18.1492, and 18.1493), section 113 as amended by 1987 PA 122, sections 115, 203, 205, 217, 221, 246, 281, 342, 350, 367, 371, 372, 384, 386, 393, and 451 as amended and sections 204, 350a, 350e, 396, and 454 as added by 1988 PA 504, sections 219, 352, and 355 as amended and sections 367b and 367f as added by 1991 PA 72, section 353 as amended by 1994 PA 107, section 353e as added by 1997 PA 144, section 354 as amended by 1995 PA 286, section 363 as amended by 1993 PA 2, section 461 as amended by 1986 PA 251, and sections 484, 485, and 486 as added by 1986 PA 272, and by adding section 237a; and to repeal acts and parts of acts.
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 773 To Report Out:
Yeas: Reps. Mathieu, Ciaramitaro, Emerson, Frank, Hale, Harder, Kelly, Martinez, Owen, Parks, Price, Prusi, Rison, Schroer, Stallworth, Tesanovich, Gilmer, Bankes, Geiger, Godchaux, Jansen, Jellema, McBryde, Oxender,
Nays: None.
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Mathieu, Chair of the Committee on Appropriations, was received and read:
Meeting held on: Thursday, December 3, 1998, at 9:00 a.m.,
Present: Reps. Mathieu, Ciaramitaro, Emerson, Frank, Hale, Harder, Kelly, Martinez, Owen, Parks, Price, Prusi, Rison, Schroer, Stallworth, Tesanovich, Gilmer, Bankes, Geiger, Godchaux, Jansen, Jellema, McBryde, Oxender,
Absent: Reps. Bobier, Johnson.
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Wetters, Chair of the Committee on Agriculture, was received and read:
Meeting held on: Thursday, December 3, 1998, at 8:45 a.m.,
Present: Reps. Wetters, Vaughn, Baade, Bogardus, Brewer, LaForge, Green, DeVuyst, Gernaat, Horton, Nye,
Absent: Reps. Willard, Jelinek,
Excused: Reps. Willard, Jelinek.
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, December 3, 1998, at 9:00 a.m.,
Present: Reps. Hanley, Schauer, Baird, LaForge, Cassis, Byl,
Absent: Reps. Thomas, Raczkowski, Voorhees,
Excused: Reps. Thomas, Raczkowski, Voorhees.
Announcement by the Clerk of Printing and Enrollment
The Clerk announced the enrollment printing and presentation to the Governor on Tuesday, November 17, for his approval of the following bill:
Enrolled Senate Bill No. 1030 at 9:27 a.m.
The Clerk announced that the following Senate bills had been received on Thursday, December 3:
Senate Bill Nos. 78 130 445 1058 1231 1314 1362
The Clerk announced that the following Senate bills had been approved and signed by the Governor:
Enrolled Senate Bill No. 485 - Public Act No. 387
Enrolled Senate Bill No. 1173 - Public Act No. 388
Enrolled Senate Bill No. 1030 - Public Act No. 391
By unanimous consent the House returned to the order of
Messages from the Senate
House Bill No. 5938, entitled
A bill to amend 1980 PA 299, entitled "Occupational code," by amending section 2518 (MCL 339.2518), as amended by 1998 PA 90.
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. 6007, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 21543 (MCL 324.21543).
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. 4681, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending section 16204a (MCL 333.16204a), as added by 1994 PA 232.
The Senate has substituted (S-2) the bill.
The Senate has passed the bill as substituted (S-2) and pursuant to Joint Rule 20, inserted the full title.
The Speaker announced that pursuant to Rule 45, the bill was laid over one day.
House Bill No. 4682, entitled
A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding section 16204b.
The Senate has substituted (S-2) the bill.
The Senate has passed the bill as substituted (S-2) and pursuant to Joint Rule 20, inserted the full title.
The Speaker announced that pursuant to Rule 45, the bill was laid over one day.
House Bill No. 4683, entitled
A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding sections 16204c, 16204d, and 16228.
The Senate has substituted (S-2) the bill.
The Senate has passed the bill as substituted (S-2) and pursuant to Joint Rule 20, inserted the full title.
The Speaker announced that pursuant to Rule 45, the bill was laid over one day.
House Bill No. 4684, entitled
A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending section 2212a (MCL 500.2212a), as added by 1996 PA 517.
The Senate has substituted (S-2) the bill.
The Senate has passed the bill as substituted (S-2) and pursuant to Joint Rule 20, inserted the full title.
The Speaker announced that pursuant to Rule 45, the bill was laid over one day.
House Bill No. 4685, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending section 21052 (MCL 333.21052), as added by 1996 PA 472.
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.
House Bill No. 4686, entitled
A bill to amend 1980 PA 350, entitled "The nonprofit health care corporation reform act," by amending section 402a (MCL 550.1402a), as added by 1996 PA 516.
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.
House Bill No. 4742, entitled
A bill to amend 1937 PA 94, entitled "Use tax act," (MCL 205.91 to 205.111) by adding section 4m.
The Senate has substituted (S-2) the bill.
The Senate has passed the bill as substituted (S-2), ordered that it be given immediate effect and amended the title to read as follows:
A bill to amend 1937 PA 94, entitled "An act to provide for the levy, assessment and collection of a specific excise tax on the storage, use or consumption in this state of tangible personal property and certain services; to appropriate the proceeds thereof; and to prescribe penalties for violations of the provisions of this act," by amending section 4 (MCL 205.94), as amended by 1998 PA 366.
The Speaker announced that pursuant to Rule 45, the bill was laid over one day.
House Bill No. 5053, entitled
A bill to amend 1933 PA 167, entitled "General sales tax act," by amending section 1 (MCL 205.51), as amended by 1997 PA 193.
The Senate has substituted (S-3) the bill.
The Senate has passed the bill as substituted (S-3), ordered that it be given immediate effect and amended the title to read as follows:
A bill to amend 1933 PA 167, entitled "An act to provide for the raising of additional public revenue by prescribing certain specific taxes, fees, and charges to be paid to the state for the privilege of engaging in certain business activities; to provide, incident to the enforcement thereof, for the issuance of licenses to engage in such occupations; to provide for the ascertainment, assessment and collection thereof; to appropriate the proceeds thereof; and to prescribe penalties for violations of the provisions of this act," by amending section 1 (MCL 205.51), as amended by 1998 PA 365.
The Speaker announced that pursuant to Rule 45, the bill was laid over one day.
House Bill No. 5127, entitled
A bill to amend 1972 PA 239, entitled "McCauley-Traxler-Law-Bowman-McNeely lottery act," by amending section 25 (MCL 432.25), as amended by 1996 PA 167.
The Senate has substituted (S-2) the bill.
The Senate has passed the bill as substituted (S-2), ordered that it be given immediate effect and amended the title to read as follows:
A bill to amend 1972 PA 239, entitled "An act to establish and operate a state lottery and to allow state participation in certain lottery-related joint enterprises with other sovereignties; to create a bureau of state lottery and to prescribe its powers and duties; to prescribe certain powers and duties of other state departments and agencies; to license and regulate certain sales agents; to create the state lottery fund; to provide for the distribution of lottery revenues and earnings for certain purposes; to provide for an appropriation; and to provide for remedies and penalties," by amending section 25 (MCL 432.25), as amended by 1997 PA 199.
The Speaker announced that pursuant to Rule 45, the bill was laid over one day.
House Bill No. 5511, entitled
A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," (MCL 600.101 to 600.9948) by adding section 2965.
The Senate has substituted (S-1) the bill.
The Senate has passed the bill as substituted (S-1), ordered that it be given immediate effect and amended the title to read as follows:
A bill to amend 1961 PA 236, entitled "An act to revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of such courts, and of the judges and other officers thereof; the forms and attributes of civil claims and actions; the time within which civil actions and proceedings may be brought in said courts; pleading, evidence, practice and procedure in civil and criminal actions and proceedings in said courts; to provide remedies and penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with, or contravening any of the provisions of this act," (MCL 600.101 to 600.9948) by adding section 2968.
The Speaker announced that pursuant to Rule 45, the bill was laid over one day.
House Bill No. 5717, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding sections 82126a, 82126b, and 82126c.
The Senate has amended the bill as follows:
1. Amend page 2, line 5, by striking out subsections (2) and (3) and inserting:
"(2) A PERSON WHO VIOLATES SUBSECTION (1) IS GUILTY OF A MISDEMEANOR PUNISHABLE BY A FINE OF NOT MORE THAN $250.00.".
2. Amend page 2, line 14, after "WHO" by striking out the balance of the line through "DEATH" on line 17 and inserting "OPERATES A SNOWMOBILE IN A CARELESS, RECKLESS, OR NEGLIGENT MANNER CAUSING THE DEATH OR SERIOUS IMPAIRMENT OF BODILY FUNCTION".
3. Amend page 2, line 20, by striking out all of subsection (2) and inserting:
"(2) AS USED IN THIS SECTION, "SERIOUS IMPAIRMENT OF BODILY FUNCTION" INCLUDES, BUT IS NOT LIMITED TO, 1 OR MORE OF THE FOLLOWING:
(A) LOSS OF A LIMB OR USE OF A LIMB.
(B) LOSS OF A HAND, FOOT, FINGER, OR THUMB OR USE OF A HAND, FOOT, FINGER, OR THUMB.
(C) LOSS OF AN EYE OR EAR OR USE OF AN EYE OR EAR.
(D) LOSS OR SUBSTANTIAL IMPAIRMENT OF A BODILY FUNCTION.
(E) SERIOUS VISIBLE DISFIGUREMENT.
(F) A COMATOSE STATE THAT LASTS FOR MORE THAN 3 DAYS.
(G) MEASURABLE BRAIN DAMAGE OR MENTAL IMPAIRMENT.
(H) A SKULL FRACTURE OR OTHER SERIOUS BONE FRACTURE.
(I) SUBDURAL HEMORRHAGE OR SUBDURAL HEMATOMA.".
The Senate has passed the bill as amended and pursuant to Joint Rule 20, inserted the full title.
The Speaker announced that pursuant to Rule 45, the bill was laid over one day.
House Bill No. 5875, entitled
A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 56a (MCL 211.56a).
The Senate has substituted (S-1) the bill.
The Senate has passed the bill as substituted (S-1), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The Speaker announced that pursuant to Rule 45, the bill was laid over one day.
House Bill No. 5924, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending section 16621 (MCL 333.16621).
The Senate has amended the bill as follows:
1. Amend page 2, line 7, after the first "than" by striking out "18" and inserting "12".
2. Amend page 2, following line 23, by inserting:
"(5) IT IS THE INTENT OF THE LEGISLATURE TO HAVE THE DEPARTMENT OF CONSUMER AND INDUSTRY SERVICES REVIEW THE COMPOSITION OF THE BOARD OF DENTISTRY BY APRIL 30, 1999. THIS REVIEW SHALL INCLUDE THE ADEQUACY OF THE CURRENT BOARD COMPOSITION IN RESPONDING TO PROFESSIONAL PRACTICE CONCERN.".
The Senate has passed the bill as amended, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The Speaker announced that pursuant to Rule 45, the bill was laid over one day.
Senate Bill No. 78, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 15d of chapter IV (MCL 764.15d), as added by 1987 PA 256.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Senate Bill No. 130, entitled
A bill to amend 1967 PA 288, entitled "Land division act," by amending sections 117, 169, and 241 (MCL 560.117, 560.169, and 560.241), section 117 as amended by 1995 PA 172 and sections 169 and 241 as amended by 1993 PA 67.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Local Government.
Senate Bill No. 445, entitled
A bill to amend 1972 PA 106, entitled "Highway advertising act of 1972," by amending the title and sections 1, 2, 3, 4, 6, 7, 9, 13, 14, 15, 16, 17, 21, 22, and 23 (MCL 252.301, 252.302, 252.303, 252.304, 252.306, 252.307, 252.309, 252.313, 252.314, 252.315, 252.316, 252.317, 252.321, 252.322, and 252.323), section 4 as amended by 1990 PA 153, and by adding sections 7a and 21a.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Transportation.
Senate Bill No. 1046, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," (MCL 257.1 to 257.923) by adding section 803q.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Transportation.
Senate Bill No. 1058, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 30103 and 32512 (MCL 324.30103 and 324.32512), as added by 1995 PA 59.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Conservation, Environment and Recreation.
Senate Bill No. 1196, entitled
A bill to amend 1980 PA 243, entitled "Emergency municipal loan act," by amending sections 2, 3, 4, 6, 7, and 8 (MCL 141.932, 141.933, 141.934, 141.936, 141.937, and 141.938), sections 2 and 3 as amended by 1987 PA 282, sections 4, 7, and 8 as amended by 1986 PA 6, and section 6 as amended by 1988 PA 198.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Appropriations.
Senate Bill No. 1197, entitled
A bill to amend 1987 PA 264, entitled "Health and safety fund act," by amending sections 3 and 5 (MCL 141.473 and 141.475).
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Appropriations.
Senate Bill No. 1231, entitled
A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding section 22209a.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Health Policy.
Senate Bill No. 1314, entitled
A bill to amend 1951 PA 90, entitled "An act to regulate the conducting of racing meets in the state of Michigan; to provide for the possession, control and disposition of funds held by licensees for the payment of outstanding winning tickets not claimed or demanded by the lawful owners of such funds; and to prescribe penalties for violations of the provisions of this act," by amending sections 2, 3, and 4 (MCL 431.252, 431.253, and 431.254); 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 Regulatory Affairs.
Senate Bill No. 1362, entitled
A bill to amend 1996 PA 462, entitled "Enhanced access to public records act," by amending sections 2 and 3 (MCL 15.442 and 15.443).
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Advanced Technology and Computer Development.
Senate Concurrent Resolution No.102.
A concurrent resolution renaming the Chevrolet Freeway in Genesee County the Chevrolet-Buick Freeway.
Whereas, Interstate 69, an east-west freeway in Genesee County, was designated the Chevrolet Freeway upon its completion in recognition of the contributions the Chevrolet Division of General Motors Corporation has made to the Flint community; and
Whereas, The cornerstone of the General Motors Corporation was originally the Buick Motor Company which moved to Flint in 1902. After assuming control of Buick, William C. Durant assisted race car driver Louis Chevrolet in the development of automobile engines, and, in 1911, organized the Chevrolet Motor Company which he moved to Flint in 1912; and
Whereas, Since that time, both the Chevrolet and Buick automobiles have become synonymous with Flint, with hundreds of thousands of dedicated auto workers having assembled virtually millions of these cars over the years. Indeed, in light of the fact that the auto industry continues to be the lifeblood of the Flint community, it would be most appropriate to rename Interstate 69 in Genesee County to the Chevrolet-Buick Freeway; now, therefore, be it
Resolved by the Senate (the House of Representatives concurring), That the portion of Interstate 69 in Genesee County be hereby designated as the Chevrolet-Buick Freeway; and be it further
Resolved, That copies of this resolution be transmitted to the Michigan Department of Transportation, the Board of Commissioners of the County of Genesee, the Mayor of the City of Flint, and the General Motors Corporation.
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.
Reps. Dobronski, Hanley, Dobb, LaForge, Dalman, Scott, Voorhees, Kelly, Middaugh, Gernaat, Llewellyn, Bogardus, London, Jelinek, Raczkowski, Schauer, Vaughn, Galloway, Goschka, Parks, Kilpatrick, Profit, Tesanovich, Cherry, Brater, Harder, Green and Baird were named co-sponsors of the concurrent resolution.
Senate Concurrent Resolution No. 103.
A concurrent resolution to commend Michigan State University Trustee John D. Shingleton.
Whereas, With the retirement of John D. Shingleton from his responsibilities with the Michigan State University Board of Trustees, this distinguished Spartan is bringing to a close another chapter in a lifetime of service to our state's largest institution of higher education. Mr. Shingleton has been part of the scene along the banks of the Red Cedar for more than fifty years, and his energies and talents have played a major role in its development as one of the nation's premier public universities; and
Whereas, A pilot in World War II who saw extensive action in the Pacific Theater, Jack Shingleton is a graduate of Michigan State who began his professional career as an assistant director of personnel in 1949. The years that have followed have seen Mr. Shingleton wear probably as many hats of responsibility with the university as anyone in its history; and
Whereas, Jack Shingleton's illustrious career with MSU has seen him working with a university project in India, assisting the secretary of the Board of Trustees, serving as acting director of intercollegiate athletics, assisting President Emeritus John Hannah, and heading alumni programs on an interim basis. He is, however, best known across the country for his exceptional efforts in the area of placement services. His vigor and vision helped propel MSU to the forefront of college placement programs. As a result of his accomplishments and the knowledge he has shared through publications and organizations, he has contributed significantly to similar efforts all across the country; and
Whereas, Since 1991, Mr. Shingleton has channeled his talents through the MSU Board of Trustees, which he chaired in 1998. His perspective and understanding of the university have proven invaluable in shaping the Michigan State University that will serve our state and nation far into the future; now, therefore, be it
Resolved by the Senate (the House of Representatives concurring), That we commend Michigan State University Trustee John D. Shingleton upon the occasion of his retirement; and be it further
Resolved, That copies of this resolution be transmitted to Mr. Shingleton and his family as evidence of our admiration and best wishes.
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.
Reps. Dobronski, Hanley, Dobb, LaForge, DeHart, Dalman, McNutt, Scott, Kelly, Middaugh, Gernaat, Llewellyn, Fitzgerald, Hammerstrom, Bogardus, London, Schauer, Vaughn, Goschka, Parks, Martinez, Kilpatrick, Richner, Profit, Tesanovich, Cherry, Brater, Harder, Green and Baird were named co-sponsors of the concurrent resolution.
Communications from State Officers
The following communication from the Auditor General was received and read:
December 2, 1998
Enclosed is a copy of the following audit report and/or executive digest:
Performance Audit of the
Office of Racing Commissioner
Department of Agriculture
December 1998
Sincerely,
Thomas H. McTavish, C.P.A.
Auditor General
The communication was referred to the Clerk and the accompanying report referred to the Committee on House Oversight and Ethics.
Introduction of Bills
Rep. Whyman introduced
House Bill No. 6315, entitled
A bill to amend 1893 PA 206, entitled "The general property tax act," by amending sections 2, 8, 14, and 34c (MCL 211.2, 211.8, 211.14, and 211.34c), section 2 as amended by 1993 PA 313, section 8 as amended by 1983 PA 254, and section 34c as amended by 1996 PA 476.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Rep. Bobier introduced
House Bill No. 6316, entitled
A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 34c (MCL 211.34c), as amended by 1996 PA 476.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
______
Rep. Walberg moved that the House adjourn.
The motion prevailed, the time being 8:05 p.m.
Acting Speaker DeHart declared the House adjourned until Tuesday, December 8, at 2:00 p.m.
MARY KAY SCULLION
Clerk of the House of Representatives.