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

Basham--present

Birkholz--present

Bobier--present

Bodem--present

Bogardus--present

Brackenridge--present

Brater--present

Brewer--present

Brown--present

Byl--present

Callahan--present

Cassis--present

Cherry--present

Ciaramitaro--present

Crissman--present

Cropsey--present

Curtis--present

Dalman--present

DeHart--present

DeVuyst--present

Dobb--present

Dobronski--present

Emerson--present

Fitzgerald--present

Frank--present

Freeman--present

Gagliardi--present

Galloway--present

Geiger--present

Gernaat--present

Gilmer--present

Gire--present

Godchaux--present

Goschka--present

Green--present

Griffin--present

Gubow--present

Gustafson--present

Hale--present

Hammerstrom--present

Hanley--present

Harder--present

Hertel--present

Hood--present

Horton--excused

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--excused

Rocca--present

Schauer--present

Schermesser--present

Schroer--present

Scott--present

Scranton--present

Sikkema--present

Stallworth--present

Tesanovich--present

Thomas--present

Varga--present

Vaughn--present

Voorhees--present

Walberg--present

Wallace--present

Wetters--present

Whyman--present

Willard--present

Wojno--present

 

 

e/d/s = entered during session

Rep. Ed Vaughn, from the 4th District, offered the following invocation:

 

"May the great spirit of the human family provide and protect us as we deliberate the people's business. Hold fast to dreams, for if dreams die, life is a broken winged bird that cannot fly. Hold fast to dreams, for if dreams go, life is a barren field frozen with snow. Amen."

 

 

 

 

Rep. Dobronski moved that Rep. Rison be excused from today's session.

The motion prevailed.

 

Rep. Hammerstrom moved that Rep. Horton be excused from today's session.

The motion prevailed.

 

 

 

 

October 8, 1997

 

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.

 

 

October 8, 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.

 

 

 

 

The Speaker called Acting Speaker DeHart to the Chair.

 

By unanimous consent the House returned to the order of

 

 

The Speaker laid before the House

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 received from the Senate on July 9, with substitute (S-8), title amendment and immediate effect given by the Senate, consideration of which, under the rules, was postponed until July 10, see House Journal No. 66, p. 1835.)

The question being on concurring in the adoption of the substitute (S-8) made to the bill by the Senate,

Rep. Profit moved to substitute (H-1) the Senate substitute (S-8).

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

The question being on concurring in the substitute (S-8) made to the bill by the Senate,

The substitute (S-8), as substituted (H-1), was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 814 Yeas--75

 

 

 

 

Nays--30

 

 

Ciaramitaro Jaye

 

 

In The Chair: DeHart

 

 

The Speaker laid before the House

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 received from the Senate on July 9, with substitute (S-5), full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until July 10, see House Journal No. 66, p. 1835.)

The question being on concurring in the adoption of the substitute (S-5) made to the bill by the Senate,

Rep. Profit 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.

The question being on concurring in the substitute (S-5) made to the bill by the Senate,

The substitute (S-5), as substituted (H-1), was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

 

 

Roll Call No. 815 Yeas--74

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Rep. Jaye moved to amend the bill as follows:

1. Amend page 13, line 17, after "than" by striking out "$2,700,000,000.00" and inserting "$2,300,000,000.00".

2. Amend page 16, line 13, after "the" by striking out "$2,700,000,000.00" and inserting "$2,300,000,000.00".

The motion did not prevail and the amendments were not adopted, a majority of the members serving not voting therefor.

Rep. Jaye moved to amend the bill as follows:

1. Amend page 19, following line 17, by inserting:

"Enacting section 1. This amendatory act does not take effect unless submitted to the qualified electors of the state at the general election to be held November 3, 1998, in the same manner as provided by law for proposed amendments to the state constitution of 1963, and approved by a majority of the electors voting on the question. If approved by the electors in the manner prescribed in this section, this amendatory act takes effect December 3, 1998.".

The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.

Rep. Jaye moved to amend the bill as follows:

1. Amend page 19, following line 17, by inserting:

"(24) NOTWITHSTANDING ANY OTHER PROVISION OF THIS ACT, ALL REVENUES FROM THE $700,000,000.00 INCREASE IN BONDING AUTHORITY PROVIDED IN THE AMENDATORY ACT THAT ADDED THIS SUBSECTION SHALL BE DEDICATED TO ROAD CONSTRUCTION AND ROAD IMPROVEMENTS IN THIS STATE.".

The motion did not prevail and the amendment was not adopted, a majority of the members serving not 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

 

 

Senate Bill No. 277, entitled

A bill to amend 1964 PA 183, entitled "An act creating the state building authority with power to acquire, construct, furnish, equip, own, improve, enlarge, operate, mortgage, and maintain facilities for the use of the state or any of its agencies; to act as a developer or co-owner of facilities as a condominium project for the use of the state or any of its agencies; to authorize the execution of leases pertaining to those facilities by the building authority with the state or any of its agencies; to authorize the payment of true rentals by the state; to provide for the issuance of revenue obligations by the building authority to be paid from the true rentals to be paid by the state and other resources and security provided for and pledged by the building authority; to authorize the creation of funds; to authorize the conveyance of lands by the state or any of its agencies for the purposes authorized in this act; to authorize the appointment of a trustee for bondholders; to permit remedies for the benefit of parties in interest; to provide for other powers and duties of the authority; and to provide for other matters in relation to the authority and its obligations," by amending section 8 (MCL 830.418), as amended by 1994 PA 252.

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

 

 

Roll Call No. 816 Yeas--88

 

 

 

 

Nays--18

 

 

Green McNutt

 

 

In The Chair: Hertel

 

 

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.

 

 

 

 

The Speaker called Acting Speaker Hanley to the Chair.

 

 

 

 

House Bill No. 4669, entitled

A bill to amend 1975 PA 228, entitled "Single business tax act," (MCL 208.1 to 208.145) by adding section 39c.

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

The substitute (H-2) 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

 

 

House Bill No. 4669, entitled

A bill to amend 1975 PA 228, entitled "Single business tax act," (MCL 208.1 to 208.145) by adding section 39c.

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

Roll Call No. 817 Yeas--106

 

 

Dobb Johnson

 

 

Nays--1

 

 

LeTarte

 

 

In The Chair: Hanley

 

 

The House agreed to the title of the bill.

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

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

Reps. Alley, Anthony, Baade, Baird, Birkholz, Bodem, Brackenridge, Byl, Cherry, Ciaramitaro, Crissman, Dalman, DeHart, Dobb, Frank, Gagliardi, Galloway, Gernaat, Godchaux, Goschka, Green, Hale, Hammerstrom, Harder, Jansen, Jelinek, Jellema, Kelly, Kukuk, Law, London, Mans, Martinez, McBryde, Middaugh, Middleton, Oxender, Raczkowski, Richner, Rocca, Schauer, Schermesser, Schroer, Scott, Scranton, Tesanovich, Thomas, Varga, Vaughn, Voorhees and Wojno were named co-sponsors of the bill.

 

 

 

 

Senate Bill No. 414, entitled

A bill to amend 1972 PA 284, entitled "Business corporation act," by amending sections 132, 151, 209, 212, 217, 301, 302, 303, 336, 344, 345, 404, 415, 421, 472, 489, 491a, 528, 551, 564a, 564b, 567, 602, 611, 631, 641, 701, 703a, 706, 707, 712, 724, 735, 751, 753, 762, 801, 805, 811, 817, 842a, 855a, 1011, 1041, 1042, and 1062 (MCL 450.1132, 450.1151, 450.1209, 450.1212, 450.1217, 450.1301, 450.1302, 450.1303, 450.1336, 450.1344, 450.1345, 450.1404, 450.1415, 450.1421, 450.1472, 450.1489, 450.1491a, 450.1528, 450.1551, 450.1564a, 450.1564b, 450.1567, 450.1602, 450.1611, 450.1631, 450.1641, 450.1701, 450.1703a, 450.1706, 450.1707, 450.1712, 450.1724, 450.1735, 450.1751, 450.1753, 450.1762, 450.1801, 450.1805, 450.1811, 450.1817, 450.1842a, 450.1855a, 450.2011, 450.2041, 450.2042, and 450.2062), sections 132, 212, 217, 301, 302, 303, 404, 415, 567, 602, 701, 706, 707, 762, 801, 817, and 1041 as amended and sections 336, 489, 491a, 564a, 703a, 724, and 855a as added by 1989 PA 121, sections 209, 344, 345, 472, 528, 551, 564b, 631, 712, 735, 753, 805, 811, 842a, 1042, and 1062 as amended by 1993 PA 91, and section 641 as amended by 1982 PA 407, and by adding sections 406, 488, and 736; and to repeal acts and parts of acts.

The bill was read a second time.

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

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

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

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

 

By unanimous consent the House returned to the order of

 

 

Senate Bill No. 414, entitled

A bill to amend 1972 PA 284, entitled "Business corporation act," by amending sections 132, 151, 209, 212, 217, 301, 302, 303, 336, 344, 345, 404, 415, 421, 472, 489, 491a, 528, 551, 564a, 564b, 567, 602, 611, 631, 641, 701, 703a, 706, 707, 712, 724, 735, 751, 753, 762, 801, 805, 811, 817, 842a, 855a, 1011, 1041, 1042, and 1062 (MCL 450.1132, 450.1151, 450.1209, 450.1212, 450.1217, 450.1301, 450.1302, 450.1303, 450.1336, 450.1344, 450.1345, 450.1404, 450.1415, 450.1421, 450.1472, 450.1489, 450.1491a, 450.1528, 450.1551, 450.1564a, 450.1564b, 450.1567, 450.1602, 450.1611, 450.1631, 450.1641, 450.1701, 450.1703a, 450.1706, 450.1707, 450.1712, 450.1724, 450.1735, 450.1751, 450.1753, 450.1762, 450.1801, 450.1805, 450.1811, 450.1817, 450.1842a, 450.1855a, 450.2011, 450.2041, 450.2042, and 450.2062), sections 132, 212, 217, 301, 302, 303, 404, 415, 567, 602, 701, 706, 707, 762, 801, 817, and 1041 as amended and sections 336, 489, 491a, 564a, 703a, 724, and 855a as added by 1989 PA 121, sections 209, 344, 345, 472, 528, 551, 564b, 631, 712, 735, 753, 805, 811, 842a, 1042, and 1062 as amended by 1993 PA 91, and section 641 as amended by 1982 PA 407, and by adding sections 406, 488, and 736; 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. 818 Yeas--104

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

By unanimous consent the House returned to the order of

 

 

The Committee on Tourism, by Rep. Baade, Chair, reported

House Bill No. 5080, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," (MCL 380.1 to 380.1852) by adding section 1284b.

With the recommendation that the substitute (H-1) be adopted and that the bill then pass.

The bill and substitute were referred to the order of Second Reading of Bills.

 

 

 

HB 5080 To Report Out:

Yeas: Reps. Baade, Vaughn, Bodem, Brackenridge, Lowe,

Nays: Reps. Brewer, Wetters, Willard.

 

 

 

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

Meeting held on: Wednesday, October 8, 1997, at 9:00 a.m.,

Present: Reps. Baade, Brewer, Vaughn, Wetters, Willard, Bodem, Brackenridge, Lowe,

Absent: Rep. Horton,

Excused: Rep. Horton.

 

 

The Committee on Consumer Protection, by Rep. Brater, Chair, reported

House Bill No. 5018, entitled

A bill to require certain credit reporting agencies to disclose certain information to certain consumers.

With the recommendation that the substitute (H-1) be adopted and that the bill then pass.

The bill and substitute were referred to the order of Second Reading of Bills.

 

 

 

HB 5018 To Report Out:

Yeas: Reps. Brater, DeHart, Brown, Freeman, Gire, Cropsey,

Nays: Reps. Crissman, Perricone.

 

 

 

The following report, submitted by Rep. Brater, Chair of the Committee on Consumer Protection, was received and read:

Meeting held on: Wednesday, October 8, 1997, at 9:00 a.m.,

Present: Reps. Brater, DeHart, Brown, Freeman, Gire, Crissman, Cropsey, Perricone,

Absent: Rep. Law,

Excused: Rep. Law.

 

 

The Committee on Judiciary, by Rep. Wallace, Chair, reported

House Bill No. 4065, entitled

A bill to amend 1978 PA 368, entitled "Public health code,"by amending sections 7212, 7401, and 7403 (MCL 333.7212, 333.7401, and 333.7403), section 7212 as amended by 1993 PA 25 and sections 7401 and 7403 as amended by 1996 PA 249, and by adding section 7401a.

With the recommendation that the substitute (H-7) be adopted and that the bill then pass.

The bill and substitute were referred to the order of Second Reading of Bills.

 

HB 4065 To Report Out:

Yeas: Reps. Wallace, Baird, Freeman, Gubow, Kilpatrick, Schauer, Wojno, Nye, Cropsey, Dalman, Fitzgerald, Law, McNutt, Richner,

Nays: None.

 

 

 

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

Meeting held on: Tuesday, October 7, 1997, at 9:00 a.m.,

Present: Reps. Wallace, Baird, Freeman, Gubow, Kilpatrick, Schauer, Wojno, Nye, Cropsey, Dalman, Fitzgerald, Law, McNutt, Richner,

Absent: Reps. Curtis, Vaughn, Willard,

Excused: Reps. Curtis, Vaughn, Willard.

 

 

The Committee on Conservation, Environment and Recreation, by Rep. Alley, Chair, reported

House Bill No. 4736, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 1608 (MCL 324.1608), as added by 1995 PA 60.

With the recommendation that the following amendment be adopted and that the bill then pass.

1. Amend page 2, following line 14, by inserting:

"(3) AS USED IN THIS SECTION, "PEACE OFFICER" MEANS THAT TERM AS DEFINED IN SECTION 81C OF THE MICHIGAN PENAL CODE, 1931 PA 328, MCL 750.81C.".

The bill and amendment were referred to the order of Second Reading of Bills.

 

 

 

HB 4736 To Report Out:

Yeas: Reps. Alley, Callahan, Anthony, Brater, Brown, Kilpatrick, LaForge, Mans, Schermesser, Wetters, Basham, Middaugh, Birkholz, Bodem, Byl, DeVuyst, McManus, McNutt, Walberg,

Nays: None.

 

 

The Committee on Conservation, Environment and Recreation, by Rep. Alley, Chair, reported

House Bill No. 5092, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 14801, 14802, 14804, 14805, and 14808 (MCL 324.14801, 324.14802, 324.14804, 324.14805, and 324.14808), as added by 1996 PA 132.

With the recommendation that the bill pass.

The bill was referred to the order of Second Reading of Bills.

 

 

 

HB 5092 To Report Out:

Yeas: Reps. Alley, Callahan, Anthony, Brater, Brown, Kilpatrick, Mans, Schermesser, Wetters, Basham, Middaugh, Birkholz, Bodem, Byl, DeVuyst, McManus, McNutt, Walberg,

Nays: None.

 

 

The Committee on Conservation, Environment and Recreation, by Rep. Alley, Chair, reported

House Bill No. 5093, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 14809 (MCL 324.14809), as added by 1996 PA 132.

With the recommendation that the bill pass.

The bill was referred to the order of Second Reading of Bills.

 

HB 5093 To Report Out:

Yeas: Reps. Alley, Callahan, Anthony, Brater, Brown, Kilpatrick, Mans, Schermesser, Wetters, Basham, Middaugh, Birkholz, Bodem, Byl, DeVuyst, McManus, McNutt, Walberg,

Nays: None.

 

 

The Committee on Conservation, Environment and Recreation, by Rep. Alley, Chair, reported

House Resolution No. 128.

A resolution to urge the Governor to approve the designation of the Thunder Bay National Marine Sanctuary only if the federal program does not restrict recreational activities.

(For text of resolution, see House Journal No. 64, p. 1690.)

With the recommendation that the resolution be adopted.

The Speaker announced that under Rule 77 the resolution would lie over one day.

 

 

 

HR 128 To Report Out:

Yeas: Reps. Alley, Callahan, Anthony, Brater, Brown, Kilpatrick, LaForge, Mans, Schermesser, Wetters, Basham, Middaugh, Birkholz, Bodem, Byl, DeVuyst, McManus, McNutt, Walberg,

Nays: None.

 

 

The Committee on Conservation, Environment and Recreation, by Rep. Alley, Chair, reported

House Concurrent Resolution No. 53.

A concurrent resolution to urge the Governor to approve the designation of the Thunder Bay National Marine Sanctuary only if the federal program does not restrict recreational activities.

(For text of resolution, see House Journal No. 64, p. 1691.)

With the recommendation that the concurrent resolution be adopted.

The Speaker announced that under Rule 77 the concurrent resolution would lie over one day.

 

 

 

HCR 53 To Report Out:

Yeas: Reps. Alley, Callahan, Anthony, Brater, Brown, Kilpatrick, LaForge, Mans, Schermesser, Wetters, Basham, Middaugh, Birkholz, Bodem, Byl, DeVuyst, McManus, McNutt, Walberg,

Nays: None.

 

 

 

The following report, submitted by Rep. Alley, Chair of the Committee on Conservation, Environment and Recreation, was received and read:

Meeting held on: Wednesday, October 8, 1997, at 10:30 a.m.,

Present: Reps. Alley, Callahan, Anthony, Brater, Brown, Kilpatrick, LaForge, Mans, Schermesser, Wetters, Basham, Middaugh, Birkholz, Bodem, Byl, DeVuyst, McManus, McNutt, Walberg.

 

 

 

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

Meeting held on: Wednesday, October 8, 1997, at 9:00 a.m.,

Present: Reps. Griffin, Thomas, Mans, Olshove, Schermesser, Varga, Gernaat, Kaza, Kukuk, Rhead, Richner, Walberg,

Absent: Reps. Alley, Callahan, Murphy, Palamara, Jaye,

Excused: Reps. Alley, Callahan, Murphy, Palamara, Jaye.

 

 

House Bill No. 4091, entitled

A bill to amend 1975 PA 228, entitled "Single business tax act," by amending section 38c (MCL 208.38c), as amended by 1994 PA 231.

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 1975 PA 228, entitled "An act to provide for the imposition, levy, computation, collection, assessment and enforcement, by lien or otherwise, of taxes on certain commercial, business, and financial activities; to prescribe the manner and times of making certain reports and paying taxes; to prescribe the powers and duties of public officers and state departments; to permit the inspection of records of taxpayers; to provide for interest and penalties on unpaid taxes; to provide exemptions, credits, and refunds; to provide penalties; to provide for the disposition of funds; to provide for the interrelation of this act with other acts; and to provide an appropriation," (MCL 208.1 to 208.145) by adding section 38f.

The Speaker announced that pursuant to Rule 45, the bill was laid over one day.

 

 

Senate Concurrent Resolution No. 36.

A concurrent resolution to memorialize the Congress of the United States to provide for the distribution of the Leaking Underground Storage Tank Trust Fund's proceeds to the states for cleanup projects determined by the states.

Whereas, In 1986, Congress created the Leaking Underground Storage Tank Trust Fund through legislation amending the Resource Recovery and Conservation Act. The fund was financed through a 0.1 cent tax on each gallon of motor fuel sold. The tax levy, which was reauthorized in 1990, expired on December 31, 1995. The fund has approximately $1.5 billion in it; and

Whereas, The purpose of the money generated by the Leaking Underground Storage Tank Trust Fund is two-fold. It seeks to enforce corrective actions where the owner of a leaking tank is known and cleanup activities where the owner is not known or is unable or unwilling to pay. The fund's proceeds are distributed to the states on a formula based on criteria determined by federal officials. Factors include levels of contamination, the number of leaking tanks, the number of cleanup efforts, and danger to drinking supplies; and

Whereas, Over the years, not enough money from the trust fund has gone to fighting the effects of leaking underground storage tanks. Almost all of the fund's proceeds go toward administration and enforcing the program. It is estimated that only 1 percent of fund money spent each year goes to clean up orphan tanks; and

Whereas, In an effort to increase cleanup initiatives and to deal with a problem that gets worse with the passage of time, Congress is considering legislation to revamp the manner in which the money in the Leaking Underground Storage Tank Trust Fund is distributed. The legislative proposals offer a more pragmatic approach by providing for the Environmental Protection Agency to distribute the money to the states with more authority for the states. The states are in far better positions to determine how best to meet the aims of cleanup and enforcement. With a formula for distributing the funds based on what the states contributed to the fund, a far greater positive impact can be made in cleaning up our environment; now, therefore, be it

Resolved by the Senate (the House of Representatives concurring), That we memorialize the Congress of the United States to provide for the distribution of the Leaking Underground Storage Tank Trust Fund's proceeds to the states for cleanup projects determined by the states; and be it further

Resolved, That copies of this resolution be transmitted to the President of the United States Senate, the Speaker of the United States House of Representatives, and the members of the Michigan congressional delegation.

The has Senate adopted the concurrent resolution.

Reps. Rhead, Voorhees, McManus, McBryde, Varga, Gernaat, Bodem, Dalman, Richner, Prusi, Kukuk, Jansen, Jelinek, Tesanovich, Profit, Gilmer, Goschka, Green, Geiger, Anthony, Llewellyn, Galloway, Dobb, London, Cherry, Scranton, Hammerstrom, Birkholz, Lowe, Wetters, Middleton and LaForge were named co-sponsors of the concurrent resolution.

The concurrent resolution was referred to the Committee on Conservation, Environment and Recreation.

 

 

Senate Concurrent Resolution No. 41.

A concurrent resolution to urge the U.S. Army Corps of Engineers to restore the original harbor of refuge at Grand Marais, Michigan.

Whereas, At the request of the Michigan Sea Grant College Program, Professor Guy A. Meadows, Director, Ocean Engineering Lab, Department of Naval Architecture and Marine Engineering, the University of Michigan College of Engineering, provided an independent engineering evaluation of the continuing deterioration of the Grand Marais harbor. Professor Meadows reviewed Michigan Department of Environmental Quality historical records and aerial photography, previous reports and studies commissioned by the U.S. Army Corps of Engineers, and historical records of harbor modification and maintenance and visited the site; and

Whereas, The evaluation found the Grand Marais harbor to be a rare example of a natural Great Lakes deep water harbor, worthy of preservation in its own right. The harbor was authorized by the River and Harbor Acts of June 14, 1880, and May 17, 1950, to serve as a harbor of refuge. The authorized project consists of parallel jetties providing access between Lake Superior and the natural deep-water embayment at Grand Marais as well as a 5,770-foot-long, timber-pile breakwater. A federal navigation channel is located between the parallel jetties. This harbor of refuge long served commercial as well as private vessels as the sole harbor of its type along 90 miles of coastline; and

Whereas, Prior to the construction and stabilization of the inlet, the section of shoreline east of the navigation channel was naturally stable. The basin depth reported was 55 ft. The original 1896 design concept of two parallel jetties and an associated timber-pile breakwater was excellent, providing a stable and effective coastal engineering structure from approximately 1896 through 1943. During the war, maintenance of the timber-pile breakwater was abandoned. Unfortunately, maintenance of this component was never resumed. This has led to its total destruction. Extensive sediment deposits are filling the embayment at an alarming rate. The maximum basin depth found today is only 25 ft; and

Whereas, The independent evaluation coordinated by Professor Meadows recommended that the U.S. Army Corps of Engineers quickly reestablish the timber-pile breakwater. Further, it was indicated that restoring the Grand Marais harbor would attract new commerce to the region and reestablish a necessary harbor of refuge along this exposed Lake Superior coastline. The benefits of a restored harbor of refuge reach far beyond the immediate Grand Marais region and would serve commercial vessels as well as private interests. The review found no known MDNR/DEQ environmental opposition to reestablishment of the original harbor of refuge design; and

Whereas, The overwhelming support of the residents of Grand Marais for action on the harbor was demonstrated in the November 1996 election, when a majority of electors voted for a 5-year millage increase of 1/4 mill for the purpose of funding activity to restore and develop the Grand Marais harbor; now, therefore, be it

Resolved by the Senate (the House of Representatives concurring), That we urge the U.S. Army Corps of Engineers to restore and maintain the original harbor of refuge at Grand Marais; and be it further

Resolved, That copies of this resolution be transmitted to the U.S. Army Corps of Engineers.

The has Senate adopted the concurrent resolution.

Reps. Rhead, Voorhees, McManus, McBryde, Martinez, Gernaat, Bodem, Dalman, Prusi, Kukuk, Jelinek, Tesanovich, Profit, Goschka, Green, Anthony, Llewellyn, Galloway, Dobb, London, Cherry, Scranton, Hammerstrom, Birkholz, Lowe, Raczkowski and LaForge were named co-sponsors of the concurrent resolution.

The concurrent resolution was referred to the Committee on Marine Affairs and Port Development.

 

 

 

 

The Clerk announced the enrollment printing and presentation to the Governor on Wednesday, October 1, for his approval of the following bill:

Enrolled Senate Bill No. 165 at 12:31 p.m.

 

The Clerk announced the enrollment printing and presentation to the Governor on Thursday, October 2, for his approval of the following bill:

Enrolled Senate Bill No. 174 at 2:56 p.m.

 

The Clerk announced that the following joint resolution had been printed and placed upon the files of the members, Monday, October 6:

House Joint Resolution BB

 

The Clerk announced that the following bills had been printed and placed upon the files of the members, Wednesday, October 8:

House Bill Nos. 5228 5229 5230 5231 5232 5233 5234 5235

 

The Clerk announced that the following Senate bills had been received on Wednesday, October 8:

Senate Bill Nos. 705 706 707 717

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Rep. Gustafson introduced

House Bill No. 5243, entitled

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

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

 

 

Rep. Gustafson introduced

House Bill No. 5244, entitled

A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding sections 21053d and 21053e.

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

 

 

Reps. Alley, Brater, Dobronski, McNutt, Cropsey, Middleton, Whyman and Llewellyn introduced

House Bill No. 5245, entitled

A bill to restructure the electric utility industry; to deregulate certain aspects of the industry and replace with competitive generation markets; to regulate and insure the availability of certain utility services; to provide retail customers with competitive direct access to electric generation; to prescribe the powers and duties of certain state agencies and officials; and to prescribe penalties.

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

 

 

Reps. Prusi, Gagliardi, Anthony, Tesanovich, Alley, Middaugh, Kelly, Rhead and Agee introduced

House Bill No. 5246, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 63101 (MCL 324.63101), as added by 1995 PA 57, and by adding sections 63103a, 63103b, 63103c, and 63103d.

The bill was read a first time by its title and referred to the Committee on Conservation, Environment and Recreation.

 

 

Reps. Profit, Olshove, Harder and Palamara introduced

House Bill No. 5247, entitled

A bill to amend 1974 PA 258, entitled "Mental health code," (MCL 330.1001 to 330.2106) by adding chapter 10a.

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

 

 

Reps. Profit and Harder introduced

House Bill No. 5248, entitled

A bill to amend 1913 PA 271, entitled "An act to create the Michigan historical commission; to provide for the appointment of members of the commission; to fix their terms of office, prescribe their powers and duties; to prescribe the powers and duties of certain state agencies and officers; to make an appropriation to carry out the provisions of this act; to provide for the distribution of certain revenue; to provide for the listing and destruction of useless documents, books and papers; and to repeal all acts and parts of acts inconsistent herewith," by amending section 4 (MCL 399.4), as amended by 1992 PA 190, and by adding section 4b.

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

 

 

Reps. DeHart and Schermesser introduced

House Bill No. 5249, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 803k (MCL 257.803k), as amended by 1994 PA 104.

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

 

 

Reps. Ciaramitaro and Nye introduced

House Bill No. 5250, entitled

A bill to amend 1992 PA 234, entitled "The judges retirement act of 1992," by amending section 217 (MCL 38.2217), as amended by 1996 PA 525.

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

Reps. Nye and Ciaramitaro introduced

House Bill No. 5251, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," (MCL 600.101 to 600.9948) by adding section 821a.

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

 

 

Reps. Alley, Middaugh, Kilpatrick and Griffin introduced

House Bill No. 5252, entitled

A bill to amend 1933 PA 167, entitled "General sales tax act," (MCL 205.51 to 205.78) by adding section 4h.

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

 

 

Reps. Alley and Kilpatrick introduced

House Bill No. 5253, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding part 831.

The bill was read a first time by its title and referred to the Committee on Conservation, Environment and Recreation.

 

 

Reps. Alley and Kilpatrick introduced

House Bill No. 5254, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 503 and 509 (MCL 324.503 and 324.509), section 503 as amended by 1996 PA 133.

The bill was read a first time by its title and referred to the Committee on Conservation, Environment and Recreation.

 

 

Reps. Kilpatrick, Stallworth, Thomas, Hale, Parks, Scott and Vaughn introduced

House Bill No. 5255, entitled

A bill to amend 1979 PA 94, entitled "The state school aid act of 1979," (MCL 388.1601 to 388.1772) by adding section 90.

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

 

 

Reps. Brown, Cropsey, Schermesser, Bogardus, Hale, Gire, Tesanovich, DeHart, Wetters, Willard, Callahan, Wojno, Goschka, Scott, Hood, McBryde and Richner introduced

House Bill No. 5256, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 219 (MCL 750.219) and by adding sections 219e, 219f, and 219g.

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

 

 

Reps. Brown, Cropsey, Schermesser, Bogardus, Hale, Gire, Tesanovich, DeHart, Wetters, Callahan, Goschka, Scott, Hood, McBryde and Richner introduced

House Bill No. 5257, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 4701 (MCL 600.4701), as amended by 1996 PA 327.

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

 

 

Reps. Perricone, Llewellyn, Hammerstrom, Lowe, Raczkowski, Cropsey, Dobb, McBryde, DeVuyst, Walberg, Nye, Jansen, Rocca, Whyman, London and Voorhees introduced

House Bill No. 5258, entitled

A bill to amend 1993 PA 331, entitled "State education tax act," by amending section 3 (MCL 211.903), as amended by 1994 PA 187, and by adding section 3a.

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

Reps. Law, Varga, Voorhees, Gire, London, Walberg and Nye introduced

House Bill No. 5259, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending section 16909 (MCL 333.16909), as amended by 1996 PA 536.

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

 

 

Reps. Law, Llewellyn, Gire, Voorhees, Walberg, Griffin and Nye introduced

House Bill No. 5260, entitled

A bill to provide for a mandated benefits review panel; to prescribe the powers and duties of the mandated benefits review panel; to require certain documentation to accompany certain proposed legislation; and to provide for certain powers and duties of certain state officers, agencies, and persons.

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

 

 

 

 

Rep. Prusi moved that the House adjourn.

The motion prevailed, the time being 4:00 p.m.

 

Acting Speaker Hanley declared the House adjourned until Thursday, October 9, at 10:00 a.m.