The House was called to order by the Speaker.

 

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

Birkholz--present

Bobier--present

Bodem--present

Bogardus--present

Brackenridge--present

Brater--present

Brewer--present

Brown--present

Byl--present

Callahan--present

Cassis--present

Cherry--present

Ciaramitaro--present

Crissman--present

Cropsey--present

Curtis--present

Dalman--present

DeHart--present

DeVuyst--present

Dobb--present

Dobronski--present

Emerson--present

Fitzgerald--present

Frank--present

Freeman--present

Gagliardi--present

Galloway--present

Geiger--present

Gernaat--present

Gilmer--present

Gire--present

Godchaux--present

Goschka--present

Green--present

Griffin--excused

Gubow--present

Gustafson--present

Hale--present

Hammerstrom--present

Hanley--present

Harder--present

Hertel--present

Hood--present

Horton--present

Jansen--present

Jaye--present

Jelinek--present

Jellema--present

Johnson--present

 

Kaza--present

Kelly--present

Kilpatrick--present

Kukuk--present

LaForge--present

Law--present

Leland--present

LeTarte--present

Llewellyn--present

London--present

Lowe--present

Mans--present

Martinez--present

Mathieu--present

McBryde--present

McManus--present

McNutt--present

Middaugh--present

Middleton--present

Murphy--present

Nye--present

Olshove--present

Owen--present

Oxender--present

Palamara--present

Parks--present

Perricone--present

Price--present

Profit--present

Prusi--present

Quarles--present

Raczkowski--present

Rhead--present

Richner--present

Rison--present

Rocca--present

Schauer--present

Schermesser--present

Schroer--present

Scott--present

Scranton--present

Sikkema--present

Stallworth--present

Tesanovich--present

Thomas--present

Varga--present

Vaughn--excused

Voorhees--present

Walberg--present

Wallace--present

Wetters--present

Whyman--present

Willard--present

Wojno--present

 

 

e/d/s = entered during session

Rep. Terry London, from the 81st District, offered the following invocation:

 

"Our Heavenly Father, Once again we come to You for guidance and direction as we debate the issues of today. Help us to keep Your vision, Lord. Keep us ever mindful that while we are leaders and we are still representing our constituents. We pray that You guide and direct our decisions and we ask that You keep us safe as we return to our families and our loved ones. In Your name, we pray. Amen."

 

 

 

 

Rep. Dobronski moved that Reps. Vaughn and Griffin be excused from today's session.

The motion prevailed.

 

 

 

 

June 5, 1997

 

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.

 

By unanimous consent the House returned to the order of

 

 

House Bill No. 4199, entitled

A bill to amend 1941 PA 122, entitled "An act to establish a revenue division of the department of treasury; to prescribe its powers and duties as the revenue collection agency of the state; to prescribe certain powers and duties of the state treasurer; to create the position and to define the powers and duties of the state commissioner of revenue; to provide for the transfer of powers and duties now vested in certain other state boards, commissions, departments and offices; to prescribe certain duties of and require certain reports from the department of treasury; to provide procedures for the payment, administration, audit, assessment, levy of interests or penalties on, and appeals of taxes and tax liability; to provide an appropriation; to abolish the state board of tax administration; and to declare the effect of this act," by amending section 30a (MCL 205.30a), as amended by 1995 PA 116.

Was read a second time, and the question being on the adoption of the proposed amendments previously recommended by the Committee on Tax Policy (for amendments, see House Journal No. 39, p. 794),

The amendments were not adopted, a majority of the members serving not voting therefor.

Rep. Baade 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. Baade 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. 4661, entitled

A bill to amend 1996 PA 386, entitled "An act to regulate the sale and purchase of viatical settlement contracts; to prescribe the powers and duties of certain state agencies and officials; and to prescribe penalties," by amending section 8 (MCL 550.528).

The bill was read a second time.

Reps. Gubow and Law moved to amend the bill as follows:

1. Amend page 1, following "THE PEOPLE OF THE STATE OF MICHIGAN ENACT:" by inserting:

"SEC. 3A. A PROVIDER SHALL NOT REWARD OR REMUNERATE ANY PERSON FOR PROCURING BUSINESS, FURNISHING A LEAD OR PROSPECT, OR INDUCING A VIATOR TO SIGN A VIATICAL SETTLEMENT CONTRACT WITH THE PROVIDER.".

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

Rep. Law 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. 4642, entitled

A bill to amend 1933 PA 167, entitled "General sales tax act," by amending section 4a (MCL 205.54a), as amended by 1996 PA 435.

(The bill was read a second time, amendment adopted, placed on Third Reading of Bills, vote reconsidered, bill placed on Second Reading of Bills and bill postponed for the day on June 4, see House Journal No. 51, pp. 1108 and 1110.)

Rep. Gubow moved to reconsider the vote by which the House adopted the amendment offered previously by Rep. Gubow.

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

The question being on the adoption of the amendment offered previously by Rep. Gubow,

Rep. Gubow withdrew the amendment.

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.

 

 

 

 

Rep. Gagliardi moved that Rep. Hertel be excused temporarily from today's session.

The motion prevailed.

 

By unanimous consent the House returned to the order of

 

 

House Bill No. 4642, entitled

A bill to amend 1933 PA 167, entitled "General sales tax act," by amending section 4a (MCL 205.54a), as amended by 1996 PA 435.

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

 

 

Roll Call No. 446 Yeas--77

 

 

Fitzgerald

Nays--27

 

 

 

 

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.

 

 

 

 

Rep. Jaye, having reserved the right to explain his protest against the passage of the bill, made the following statement:

"Mr. Speaker and members of the House:

I oppose special tax breaks for single powerful companies. This corporate welfare is paid for by HARD working men and women and small business. Too many Legislators vote for special tax breaks for large corporations who give amounts of money to legislative political campaigns. This special corporate tax break is coming at the expense of the school children's education fund. I support across the board tax cuts, not tax cuts which only benefit single companies.

Every other company that uses electricity and gas must pay a sales tax. To exempt gas pipelines from the same sales tax is an unacceptable, special privilege and shameful corporate welfare."

 

 

Senate Bill No. 128, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending section 2882 (MCL 333.2882), as amended by 1996 PA 307.

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

 

 

Roll Call No. 447 Yeas--103

 

 

 

 

Nays--0

 

 

In The Chair: Hanley

 

 

Pursuant to Joint Rule 20, the full title of the bill shall read as follows:

"An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates,"

The House agreed to the full 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

 

 

The Speaker laid before the House

House Resolution No. 35.

A resolution to encourage the Department of Natural Resources and the Natural Resources Commission to increase efforts to reduce deer crop damage and the number of deer/car accidents.

(For text of resolution, see House Journal No. 32, p. 599.)

(For amendments, see House Journal No. 51, p. 1119.)

(The resolution was reported by the Committee on Conservation, Environment and Recreation on June 4, with amendment, consideration of which was postponed until today under the rules.)

The question being on the adoption of the proposed amendments recommended by the Committee,

The amendments were adopted, a majority of the members serving voting therefor.

The question being on the adoption of the resolution,

Rep. DeVuyst moved to substitute (H-1) the resolution as follows:

Substitute for House Resolution No. 35.

A resolution to encourage the Department of Natural Resources and the Natural Resources Commission to increase efforts to reduce deer crop damage and the number of deer/car accidents.

Whereas, Over the past several years, Michigan's large deer population has resulted in more crop damage and a growing number of accidents on the state's roads. In the fall of 1996, it was estimated that the state's deer population was between 1.8 and 2 million; and

Whereas, According to records of the Department of State Police, the number of deer/car accidents in Michigan more than doubled in the ten-year period from 1985 to 1995. This increase, from 28,968 accidents in 1985 to 62,502 in 1995, also reflects a shift in patterns of development in the state; and

Whereas, In response to the size of the deer population and the related traffic safety and crop losses, hunting was increased. The costs to safety and agriculture argue for stronger efforts; now, therefore, be it

Resolved by the House of Representatives, That we encourage the Department of Natural Resources and the Natural Resources Commission to increase efforts to reduce crop and forest damage and the number of deer/car accidents; and be it further

Resolved, That we encourage the Department of Natural Resources and the Natural Resources Commission to pinpoint the specific areas of deer overpopulation within the State, to come before the Committee on Conservation, Environment and Recreation at the request of the Chair, and report on those specific overpopulated areas and any solutions that they intend to use to control the problem; and be it further

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

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

The question being on the adoption of the resolution,

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

Reps. Baade, Brackenridge, Cherry, Gagliardi, Gustafson, Hammerstrom, Jellema, Kelly, Kukuk, Middaugh, Perricone, Rocca, Schermesser, Scranton and Tesanovich were named co-sponsors of the resolution.

 

 

 

 

House Bill No. 4643, entitled

A bill to amend 1937 PA 94, entitled "Use tax act," by amending section 4 (MCL 205.94), as amended by 1996 PA 436.

The bill was read a second time.

Rep. Gubow moved to amend the bill as follows:

1. Amend page 12, line 9, after "PIPELINES," by inserting "OR".

2. Amend page 12, line 10, after "PIPELINES," by striking out "INJECT INTO STORAGE FIELDS, OR REMOVE FROM STORAGE FIELDS,".

The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.

Rep. Perricone 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

 

 

House Bill No. 4643, entitled

A bill to amend 1937 PA 94, entitled "Use tax act," by amending section 4 (MCL 205.94), as amended by 1996 PA 436.

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

 

 

Roll Call No. 448 Yeas--77

 

 

Dobronski

 

 

Nays--27

 

 

 

 

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.

 

 

 

 

Rep. Jaye, having reserved the right to explain his protest against the passage of the bill, made the following statement:

"Mr. Speaker and members of the House:

I oppose special tax breaks for single powerful companies. This corporate welfare is paid for by HARD working men and women and small business. Too many Legislators vote for special tax breaks for large corporations who give amounts of money to legislative political campaigns. This special corporate tax break is coming at the expense of the school children's education fund. I support across the board tax cuts, not tax cuts which only benefit single companies.

Every other company that uses electricity and gas must pay a sales tax. To exempt gas pipelines from the same sales tax is an unacceptable, special privilege and shameful corporate welfare."

 

 

 

 

Rep. Gagliardi moved to suspend that portion of Rule 44 requiring bills to be handed to the Clerk three hours prior to calling the House to order.

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

 

 

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

The motion prevailed.

 

 

Rep. Gagliardi moved that when the House adjourns today it stand adjourned until Tuesday, June 10, at 2:00 p.m.

The motion prevailed.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Reps. Quarles, Rison, Cropsey, Kaza, McBryde, Brown, Frank, Parks, Tesanovich, Brater and Hale introduced

House Bill No. 4875, entitled

A bill to amend 1986 PA 268, entitled "Legislative council act," (MCL 4.1101 to 4.1901) by adding section 204e.

The bill was read a first time by its title and referred to the Committee on Advanced Technology and Computer Development.

 

 

Reps. Stallworth and Kilpatrick introduced

House Bill No. 4876, entitled

A bill to amend 1939 PA 288, entitled "An act to revise and consolidate the statutes relating to certain aspects of the organization and jurisdiction of the probate court of this state, the powers and duties of such court and the judges and other officers thereof, certain aspects of the statutes of descent and distribution of property, and the statutes governing the change of name of adults and children, the adoption of adults and children, and the jurisdiction of the juvenile division of the probate court; to prescribe the powers and duties of the juvenile division of the probate court, and the judges and other officers thereof; to prescribe the manner and time within which actions and proceedings may be brought in the juvenile division of the probate court; to prescribe pleading, evidence, practice, and procedure in actions and proceedings in the juvenile division of the probate court; to provide for appeals from the juvenile division of the probate court; to prescribe the powers and duties of certain state departments, agencies, and officers; and to provide remedies and penalties for the violation of this act," by amending section 18 of chapter XIIA (MCL 712A.18), as amended by 1996 PA 244.

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

 

 

Reps. Kilpatrick, Thomas and Stallworth introduced

House Bill No. 4877, entitled

A bill to amend 1974 PA 258, entitled "Mental health code," by amending section 142 (MCL 330.1142), as amended by 1995 PA 290.

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

 

 

Reps. Rison, Bogardus, Schauer, Murphy, Hale, Kilpatrick, Varga, Brewer, Price, Scott, Thomas, Cherry, Jaye, Quarles, Leland, Frank, Parks, Schermesser, Brater, Hanley and Emerson introduced

House Bill No. 4878, entitled

A bill to provide for the removal of certain dead animals from certain areas open to vehicular traffic in this state; and to prescribe the powers and duties of certain state and local agencies and officials.

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

 

 

Reps. Brewer, Wetters, Brater, Mans, Frank, Brown and Kaza introduced

House Bill No. 4879, entitled

A bill to amend 1986 PA 268, entitled "Legislative council act," (MCL 4.1101 to 4.1901) by adding section 204d.

The bill was read a first time by its title and referred to the Committee on Advanced Technology and Computer Development.

 

 

Reps. Brewer, Wojno, Martinez, Brater, Bogardus, Tesanovich and Parks introduced

House Bill No. 4880, entitled

A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding section 21052a.

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

 

 

Reps. Brewer, Wojno, Martinez, Brater, Bogardus, Tesanovich and Parks introduced

House Bill No. 4881, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," (MCL 500.100 to 500.8302) by adding sections 2027a and 3406j.

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

Reps. Brewer, Wojno, Martinez, Brater, Bogardus, Tesanovich and Parks introduced

House Bill No. 4882, entitled

A bill to amend 1980 PA 350, entitled "The nonprofit health care corporation reform act," (MCL 550.1101 to 550.1704) by adding section 418.

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

 

 

Reps. Parks, Wallace, Scott, Leland, Murphy, Quarles, Rison, Hanley and Schermesser introduced

House Bill No. 4883, entitled

A bill to amend the Initiated Law of 1996, entitled "Michigan gaming control and revenue act," by amending section 13 (MCL 432.213).

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

 

 

Reps. Kaza, Voorhees, Cropsey, Godchaux, Schermesser, Brater, Tesanovich, Goschka, Parks, Raczkowski, Middleton, McBryde, Hammerstrom, Brown, Wetters, Martinez, Brewer, Gire and Jaye introduced

House Bill No. 4884, entitled

A bill to amend 1986 PA 268, entitled "Legislative council act," (MCL 4.1101 to 4.1901) by adding section 204b.

The bill was read a first time by its title and referred to the Committee on Advanced Technology and Computer Development.

 

 

Reps. Kaza, Voorhees, Cropsey, Godchaux, Schermesser, Brater, Tesanovich, Goschka, Parks, Raczkowski, Middleton, McBryde, Hammerstrom, Brown, Wetters, Martinez, Brewer, Gire and Jaye introduced

House Bill No. 4885, entitled

A bill to amend 1986 PA 268, entitled "Legislative council act," (MCL 4.1101 to 4.1901) by adding section 204c.

The bill was read a first time by its title and referred to the Committee on Advanced Technology and Computer Development.

 

 

Reps. Birkholz, Kaza, Voorhees, Cropsey, Godchaux, Schermesser, Brater, Tesanovich, Goschka, Parks, Raczkowski, Middleton, McBryde, Hammerstrom, Brown, Wetters, Martinez, Gire, Jaye and Brewer introduced

House Bill No. 4886, entitled

A bill to amend 1986 PA 268, entitled "Legislative council act," (MCL 4.1101 to 4.1901) by adding section 204a.

The bill was read a first time by its title and referred to the Committee on Advanced Technology and Computer Development.

 

 

Reps. Martinez, Schauer, Hale, Hanley, Gire, Cherry and Bogardus introduced

House Bill No. 4887, entitled

A bill to amend 1986 PA 288, entitled "An act to establish a Michigan work-study program for qualified resident students attending eligible postsecondary schools and employed by qualified employers; and to prescribe the powers and duties of certain state agencies," by amending sections 1 and 10 (MCL 390.1371 and 390.1380) and by adding section 5a.

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

 

 

Reps. Martinez, Bobier, Hale, Willard, Wojno, Hanley, Anthony and Bogardus introduced

House Bill No. 4888, entitled

A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding sections 21541 and 21542; and to repeal acts and parts of acts.

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

 

 

Reps. Brater, Freeman, McBryde, Kelly, Prusi, Schauer, Frank, Harder, Hale, Voorhees, Kilpatrick, Martinez, Bogardus, Willard, Wojno, Hanley, Brewer, Scott, Goschka, Parks, Anthony, Cropsey, Gire, Tesanovich, Wetters, Quarles, Varga, Schermesser, Byl, McNutt and DeHart introduced

House Bill No. 4889, entitled

A bill to amend 1996 PA 354, entitled "Savings bank act," (MCL 487.3101 to 487.3804) by adding section 513.

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

 

 

 

 

 

 

 

 

 

 

 

 

Reps. DeHart, Schermesser, Hale, Wojno, Schauer, Wetters, Freeman, Kelly, Cherry, Hanley, Martinez, Kilpatrick, Prusi, Quarles, LaForge, Goschka, Kukuk and Scott introduced

House Bill No. 4897, entitled

A bill to amend 1980 PA 300, entitled "The public school employees retirement act of 1979," by amending sections 43c, 85, 104a, and 108 (MCL 38.1343c, 38.1385, 38.1404a, and 38.1408), sections 43c and 104a as amended by 1989 PA 194, section 85 as amended by 1991 PA 47, and section 108 as amended by 1995 PA 177.

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

 

 

Reps. Baade, Hale, Agee, Voorhees, Hanley and Goschka introduced

House Bill No. 4898, entitled

A bill to amend 1974 PA 198, entitled "An act to provide for the establishment of plant rehabilitation districts and industrial development districts in local governmental units; to provide for the exemption from certain taxes; to levy and collect a specific tax upon the owners of certain facilities; to provide for the disposition of the tax; to provide for the obtaining and transferring of an exemption certificate and to prescribe the contents of those certificates; to prescribe the powers and duties of the state tax commission and certain officers of local governmental units; and to provide penalties," by amending section 9 (MCL 207.559), as amended by 1996 PA 513.

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

 

 

 

 

Rep. Brackenridge moved that the House adjourn.

The motion prevailed, the time being 12:40 p.m.

 

Acting Speaker Hanley declared the House adjourned until Tuesday, June 10, at 2:00 p.m.