The House was called to order by the Associate Speaker Pro Tempore.

 

The roll was called by the Clerk of the House of Representatives, who announced that a quorum was present.

 

 

Agee--present

Alley--present

Anthony--present

Baade--present

Baird--present

Bankes--present

Basham--present

Birkholz--present

Bobier--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--e/d/s

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--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--e/d/s

Rocca--present

Schauer--present

Schermesser--present

Schroer--present

Scott--present

Scranton--present

Sikkema--present

Stallworth--excused

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. Bill Bobier, from the 101st District, offered the following invocation:

 

"God, please forgive our selfishness. Bless us with patience. Grant us vision, perspective, and balance. May we find joy in the stewardship of all the communities of this creation. Amen."

 

 

 

 

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

The motion prevailed.

 

 

 

 

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

 

 

Rep. Gagliardi moved to vacate the enrollment of House Bill No. 4643.

The motion prevailed.

 

 

 

 

The Senate requested the return of

House Bill No. 4643, entitled

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 1996 PA 436.

Rep. Gagliardi moved that the request of the Senate be granted.

The motion prevailed.

 

 

The Speaker laid before the House

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), and by adding section 3a.

(The bill was received from the Senate on December 3, with substitute (S-1), title amendment and immediate effect given by the Senate, consideration of which, under the rules, was postponed until December 4, see House Journal No. 93, p. 2484.)

The question being on concurring in the adoption of the substitute (S-1) made to the bill by the Senate,

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

 

 

 

 

 

 

Nays--1

 

 

Martinez

 

 

In The Chair: Hanley

 

 

The House agreed to the title as amended.

The bill was referred to the Clerk for enrollment printing and presentation to the Governor.

 

 

The Speaker laid before the House

House Bill No. 4811, entitled

A bill to amend 1939 PA 280, entitled "The social welfare act," (MCL 400.1 to 400.119b) by adding section 56i.

(The bill was received from the Senate on December 3, with substitute (S-1), full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until December 4, see House Journal No. 93, p. 2484.)

The question being on concurring in the adoption of the substitute (S-1) made to the bill by the Senate,

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

 

 

Roll Call No. 976 Yeas--104

 

 

 

 

Nays--0

 

 

In The Chair: Hanley

 

 

The House agreed to the full title of the bill.

Reps. Birkholz, Bodem, Bogardus, Cassis, Frank, Gagliardi, Gilmer, Hanley, Johnson, Kelly, Law, Middaugh, Oxender, Prusi, Schermesser, Schroer, Scott, Vaughn, Voorhees and Wetters were named co-sponsors of the bill.

The bill was referred to the Clerk for enrollment printing and presentation to the Governor.

 

 

 

 

Senate Bill No. 133, entitled

A bill to amend 1933 (Ex Sess) PA 8, entitled "The Michigan liquor control act," by amending section 40 (MCL 436.40), as amended by 1994 PA 421.

(The bill was read a third time and postponed for the day on November 13, see House Journal No. 91, p. 2414.)

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:

 

 

 

 

Fitzgerald LaForge

 

 

Nays--26

 

 

Dalman Hammerstrom

 

 

In The Chair: Hanley

 

 

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

"An act to create a liquor control commission for the control of the alcoholic beverage traffic within the state of Michigan, and to prescribe its powers, duties and limitations; to provide for the control of the alcoholic liquor traffic within the state of Michigan and the establishment of state liquor stores; to provide for the care and treatment of alcoholics; to provide for the incorporation of farmer cooperative wineries and the granting of certain rights and privileges thereto; to provide for the licensing and taxation thereof, and the disposition of the moneys received under this act; to prescribe liability for retail licensees under certain circumstances; to require security for that liability; to provide procedures, defenses, and remedies regarding violations of this act; to provide for the enforcement and to prescribe penalties for violations of this act; to provide for the confiscation and disposition of property seized under the provisions of this act; to provide a referendum in certain cases; to repeal certain acts and parts of acts; and to repeal certain parts of this act on a specific date,".

The House agreed to the full 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.

 

 

 

 

Rep. Rison entered the House Chambers.

 

 

House Bill No. 5129, entitled

A bill to designate an official flag month of this state.

(The bill was considered on third reading, amended and postponed temporarily on December 3, see House Journal No. 93, p. 2466.)

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:

 

 

 

 

 

 

Nays--0

 

 

In The Chair: Hanley

 

 

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 designate an official flag month of this state and to provide guidelines for display and handling.

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.

Reps. Anthony, Basham, Birkholz, Bodem, Brater, Brown, Crissman, Curtis, Dalman, DeHart, DeVuyst, Frank, Freeman, Gernaat, Gustafson, Hammerstrom, Harder, Jansen, Jaye, Jelinek, Kaza, Kelly, Llewellyn, London, McBryde, Middaugh, Murphy, Oxender, Palamara, Parks, Prusi, Rocca, Schauer, Schermesser, Tesanovich, Vaughn, Voorhees and Wetters were named co-sponsors of the bill.

 

 

House Bill No. 5002, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 43514 (MCL 324.43514), as added by 1995 PA 57; and to repeal acts and parts of acts.

(The bill was read a third time and postponed for the day on December 3, see House Journal No. 93, p. 2473.)

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:

 

 

 

 

 

 

Nays--0

 

 

In The Chair: Hanley

 

 

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 1994 PA 451, entitled "Natural resources and environmental protection act," by repealing section 43512 (MCL 324.43512).

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.

 

 

 

 

Senate Bill No. 340, entitled

A bill to amend 1995 PA 29, entitled "Uniform unclaimed property act," by amending sections 11, 18, 19, 20, 23, 25, and 31 (MCL 567.231, 567.238, 567.239, 567.240, 567.243, 567.245, and 567.251); and to repeal acts and parts of acts.

(The bill was read a second time, amendment adopted, amendments offered and bill postponed for the day on May 14, see House Journal 42, p. 889.)

The question being on the adoption of the amendments offered previously by Rep. Jaye,

Rep. Jaye withdrew the amendments.

Reps. Jaye, McBryde and Goschka moved to amend the bill as follows:

1. Amend page 1, line 7, after "for" by striking out "5" and inserting "7".

2. Amend page 1, line 8, after "within" by striking out "5" and inserting "7".

3. Amend page 2, line 9, after "a" by striking out "5-YEAR" and inserting "7-year".

4. Amend page 2, line 13, after "least" by striking out "5" and inserting "7".

5. Amend page 2, line 15, by striking out "5" and inserting "7".

6. Amend page 2, line 16, by striking out "5-YEAR" and inserting "7-year".

7. Amend page 2, line 19, after "If" by striking out "5" and inserting "7".

8. Amend page 2, line 21, after "been" by striking out "5" and inserting "7".

9. Amend page 2, line 23, after "the" by striking out "5-YEAR" and inserting "7-year".

The question being on the adoption of the amendments offered by Reps. Jaye, McBryde and Goschka,

Rep. Goschka demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendments offered by Reps. Jaye, McBryde and Goschka,

Rep. Fitzgerald moved that consideration of the bill be postponed temporarily.

The motion prevailed.

 

 

House Bill No. 5048, 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.

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. 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

 

 

House Bill No. 5048, 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. 980 Yeas--105

 

 

Emerson

 

 

Nays--0

 

 

In The Chair: Hanley

 

 

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.

 

 

 

 

House Bill No. 5110, entitled

A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 10e (MCL 211.10e), as added by 1986 PA 223.

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. 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

 

 

House Bill No. 5110, entitled

A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 10e (MCL 211.10e), as added by 1986 PA 223.

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

 

 

Roll Call No. 981 Yeas--102

 

 

Dobronski Johnson

 

 

 

 

 

 

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.

 

 

 

 

Senate Bill No. 566, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 321 (MCL 600.321), as amended by 1990 PA 277.

Was read a second time, and the question being on the adoption of the proposed amendments previously recommended by the Committee on Judiciary (for amendments, see House Journal No. 81, p. 2166),

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

Rep. Cherry 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

 

 

Senate Bill No. 566, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 321 (MCL 600.321), as amended by 1990 PA 277.

The bill was read a third time.

The question being on the passage of the bill,

Rep. Ciaramitaro moved that consideration of the bill be postponed for the day.

The motion prevailed.

 

 

 

 

House Bill No. 5066, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 2104 (MCL 324.2104), as added by 1995 PA 60.

The bill was read a second time.

Rep. Lowe 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. Thomas 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. 5066, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 2104 (MCL 324.2104), as added by 1995 PA 60.

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

 

 

 

 

 

 

 

 

 

 

The House agreed to the title of the bill.

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

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

 

 

 

 

House Bill No. 5300, entitled

A bill to amend 1996 PA 522, entitled "The Michigan biologic products institute transfer act," by amending the title and sections 3 and 9 (MCL 333.26333 and 333.26339) and by adding sections 3a and 3b.

Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on House Oversight and Ethics,

Rep. Gilmer demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on House Oversight and Ethics,

Rep. Thomas moved that consideration of the bill be postponed temporarily.

The motion prevailed.

 

 

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.

Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Conservation, Environment and Recreation,

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

Rep. Alley 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. 5278, 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.

Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Conservation, Environment and Recreation,

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

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

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

 

 

Senate Bill No. 727, 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.

Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Conservation, Environment and Recreation,

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

Rep. Alley moved to amend the bill as follows:

1. Amend page 2, line 11, after "ING," by inserting "OFF-ROAD VEHICLE TRAIL RIDING,".

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

Rep. Thomas 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. 4841, entitled

A bill to amend 1927 PA 150, entitled "An act to prescribe a privilege tax for the use of the public highways by owners and drivers of motor vehicles by imposing a specific tax upon the sale or use, within the state of Michigan, of motor fuel; to prescribe the manner and the time of paying this tax and the duties of officials and others respecting the payment and collection of this tax; to provide for the licensing of wholesale distributors, certain retail dealers, exporters, and suppliers as defined in this act; to fix a time when this tax and interest and penalties thereon become a lien upon the property of persons, firms, partnerships, associations, or corporations, subject to the payment of this tax; to provide for the enforcement of this lien; to permit the inspection and testing of petroleum products; to provide for certain exemptions and refunds and for the disposition of the proceeds of this tax; and to prescribe penalties for the violation of this act," by amending sections 12a and 22 (MCL 207.112a and 207.122), section 22 as amended by 1995 PA 52.

Was read a second time, and the question being on the adoption of the proposed amendments previously recommended by the Committee on Transportation (for amendments, see House Journal No. 91, p. 2416),

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

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

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

Senate Bill No. 487, entitled

A bill to amend 1917 PA 167, entitled "Housing law of Michigan," by amending section 126 (MCL 125.526).

Was read a second time, and the question being on the adoption of the proposed substitute (H-5) previously recommended by the Committee on Regulatory Affairs,

The substitute (H-5) was adopted, a majority of the members serving voting therefor.

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

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

 

 

 

 

Rep. Cropsey entered the House Chambers.

 

By unanimous consent the House returned to the order of

 

 

Senate Bill No. 487, entitled

A bill to amend 1917 PA 167, entitled "Housing law of Michigan," by amending section 126 (MCL 125.526).

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

 

 

Roll Call No. 983 Yeas--81

 

 

Frank

 

 

 

 

 

 

In The Chair: Hanley

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

"An act to promote the health, safety and welfare of the people by regulating the maintenance, alteration, health, safety, and improvement of dwellings; to define the classes of dwellings affected by the act, and to establish administrative requirements; to prescribe procedures for the maintenance, improvement, or demolition of certain commercial buildings; to establish remedies; to provide for enforcement; to provide for the demolition of certain dwellings; and to fix penalties for the violation of this act,".

The House agreed to the full title of the bill.

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

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

 

 

Rep. Thomas moved that House Bill No. 4841 be placed on its immediate passage.

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

 

House Bill No. 4841, entitled

A bill to amend 1927 PA 150, entitled "An act to prescribe a privilege tax for the use of the public highways by owners and drivers of motor vehicles by imposing a specific tax upon the sale or use, within the state of Michigan, of motor fuel; to prescribe the manner and the time of paying this tax and the duties of officials and others respecting the payment and collection of this tax; to provide for the licensing of wholesale distributors, certain retail dealers, exporters, and suppliers as defined in this act; to fix a time when this tax and interest and penalties thereon become a lien upon the property of persons, firms, partnerships, associations, or corporations, subject to the payment of this tax; to provide for the enforcement of this lien; to permit the inspection and testing of petroleum products; to provide for certain exemptions and refunds and for the disposition of the proceeds of this tax; and to prescribe penalties for the violation of this act," by amending sections 12a and 22 (MCL 207.112a and 207.122), section 22 as amended by 1995 PA 52.

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

 

 

Roll Call No. 984 Yeas--105

 

 

Dobb

Nays--0

 

 

In The Chair: Hanley

 

 

The House agreed to the title of the bill.

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

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

 

 

 

 

Rep. Thomas moved that Rep. Varga be excused temporarily from today's session.

The motion prevailed.

 

 

Rep. Thomas moved that House Bill No. 5254 be placed on its immediate passage.

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

 

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 third time.

The question being on the passage of the bill,

Rep. Alley moved to amend the bill as follows:

1. Amend page 3, line 16, after "LEASE" by inserting "OR A CONCESSION".

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

Rep. Alley moved to amend the bill as follows:

1. Amend page 6, following line 12, by inserting:

"(6) AS USED IN THIS SECTION:

(A) "CONCESSION" MEANS AN AGREEMENT BETWEEN THE DEPARTMENT AND A PERSON UNDER TERMS AND CONDITIONS AS SPECIFIED BY THE DEPARTMENT TO PROVIDE SERVICES OR RECREATIONAL OPPORTUNITIES FOR PUBLIC USE.

(B) "LEASE" MEANS A CONVEYANCE BY THE DEPARTMENT TO A PERSON OF A PORTION OF THE STATE'S INTEREST IN LAND UNDER SPECIFIC TERMS AND FOR VALUABLE CONSIDERATION, THEREBY GRANTING TO THE LESSEE THE POSSESSION OF THAT PORTION CONVEYED DURING THE PERIOD STIPULATED.".

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

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:

 

 

 

 

 

 

Nays--0

 

 

In The Chair: Hanley

 

 

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 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 503 (MCL 324.503), as amended by 1996 PA 133.

The motion prevailed.

The House agreed to the title as amended.

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

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

 

 

Rep. Thomas moved that House Bill No. 5278 be placed on its immediate passage.

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

 

House Bill No. 5278, 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.

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

 

 

Roll Call No. 986 Yeas--107

 

 

 

 

Nays--0

 

 

In The Chair: Hanley

 

 

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 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 509 (MCL 324.509).

The motion prevailed.

The House agreed to the title as amended.

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

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

 

 

Rep. Thomas moved that Senate Bill No. 727 be placed on its immediate passage.

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

 

Senate Bill No. 727, 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 third time.

The question being on the passage of the bill,

Rep. Alley moved to amend the bill as follows:

1. Amend page 4, line 22, after "83107." by inserting "(1)".

2. Amend page 5, following line 5, by inserting:

"(2) IN ADDITION TO THE LIMITED ARREST AUTHORITY GRANTED IN SUBSECTION (1), A STATE FOREST OFFICER MAY ARREST A PERSON WITHOUT A WARRANT IF 1 OR MORE OF THE FOLLOWING EXIST:

(A) THE PERSON COMMITS AN ASSAULT OR AN ASSAULT AND BATTERY PUNISHABLE UNDER SECTION 81 OR 81a OF THE MICHIGAN PENAL CODE, ACT NO. 328 OF THE PUBLIC ACTS OF 1931, BEING SECTIONS 750.81 AND 750.81a OF THE MICHIGAN COMPILED LAWS, AGAINST THE STATE FOREST OFFICER OR AGAINST ANOTHER PERSON WHILE IN THE PRESENCE OF A STATE FOREST OFFICER.

(B) THE STATE FOREST OFFICER HAS REASONABLE CAUSE TO BELIEVE THAT A FELONY HAS BEEN COMMITTED AND REASONABLE CAUSE TO BELIEVE THAT THE PERSON HAS COMMITTED IT.

(C) THE STATE FOREST OFFICER HAS POSITIVE INFORMATION BY WRITTEN, TELEGRAPHIC, TELETYPIC, TELEPHONIC, RADIO, OR OTHER AUTHORITATIVE SOURCES THAT A PEACE OFFICER HOLDS A WARRANT FOR THE PERSON'S ARREST.

(D) THE PERSON COMMITS A MISDEMEANOR IN VIOLATION OF THE FOLLOWING SECTIONS OF THE MICHIGAN VEHICLE CODE, ACT NO. 300 OF THE PUBLIC ACTS OF 1949.

(i) SECTION 625 OR 625M, BEING SECTIONS 257.625 AND 257.625M OF THE MICHIGAN COMPILED LAWS.

(ii) SECTION 626, BEING SECTION 257.626 OF THE MICHIGAN COMPILED LAWS.

(E) THE PERSON COMMITS A MISDEMEANOR VIOLATION OF PART 811.

(F) THE PERSON VIOLATES SECTIONS 80143(6) AND 80198b(2).

(3) A STATE FORREST OFFICER MAY ISSUE A CITATION FOR A VIOLATION OF A STATE CIVIL INFRACTION OR FOR A CIVIL INFRACTION VIOLATION OF SECTION 611, 625A, OR 627 OF ACT NO. 300 OF THE PUBLIC ACTS OF 1949, BEING SECTIONS 257.611, 257.625A, AND 257.627 OF THE MICHIGAN COMPILED LAWS.".

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

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:

 

 

 

 

Emerson

 

 

 

 

 

 

 

 

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

"An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, and assessments; to provide certain appropriations; to prescribe penalties and provide remedies; to repeal certain parts of this act on a specific date; and to repeal certain acts and parts of acts,".

The House agreed to the full title of the bill.

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

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

 

 

Senate Bill No. 544, entitled

A bill to amend 1994 PA 203, entitled "Foster care and adoption services act," by amending section 2 (MCL 722.952) and by adding sections 4a and 4b.

(The bill was considered on second reading, amendments offered and postponed temporarily on December 4, see House Journal No. 94, p. 2512.)

The question being on the amendments offered by Reps. Cassis and Gire,

Rep. Cassis withdrew the amendments.

Rep. Thomas 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. Thomas 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. 544, entitled

A bill to amend 1994 PA 203, entitled "Foster care and adoption services act," by amending section 2 (MCL 722.952) and by adding sections 4a and 4b.

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

 

 

 

 

Dobronski

 

 

 

 

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 1994 PA 203, entitled "An act to establish certain standards for foster care and adoption services for children and their families; and to prescribe powers and duties of certain state agencies and departments and adoption facilitators," by amending section 2 (MCL 722.952) and by adding sections 4a, 4b, 4c, and 4d.

The motion prevailed.

The House agreed to the title as amended.

 

 

 

 

Senate Bill No. 596, 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 bill was read a second time.

Rep. Varga moved to amend the bill as follows:

1. Amend page 2, line 23, after "STATE" by inserting a comma and "AND THE TERMS OF THE ASSIGNMENT ARE DISCLOSED, INCLUDING THE IDENTITY OF THE ASSIGNEE, THE PORTION OR PORTIONS OF PRIZE PAYMENTS TO BE ASSIGNED, AND THE AMOUNTS AND DATES OF ANY PAYMENTS THAT SHALL BE GIVEN IN EXCHANGE FOR THE ASSIGNMENT".

2. Amend page 3, line 4, after "PAYMENTS" by striking out the balance of the line through "UNDER" on line 6 and inserting "THAT ARE SUBJECT TO".

3. Amend page 3, following line 6, by inserting:

"(D) NOT LESS THAN 5 DAYS AFTER FILING A PETITION FOR A JUDICIAL ORDER THAT APPROVES A VOLUNTARY ASSIGNMENT UNDER THIS SUBSECTION AND NOT LESS THAN 10 DAYS BEFORE A HEARING ON THE PETITION, THE PETITIONER SHALL CAUSE A COPY OF THE PETITION AND NOTICE OF HEARING ON THE PETITION TO BE SERVED UPON THE ATTORNEY GENERAL. THE ATTORNEY GENERAL OR HIS OR HER ASSISTANT SHALL BE PERMITTED TO APPEAR AND TAKE ACTION THAT IS IN THE BEST INTERESTS OF THE BUREAU AND THIS STATE.".

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

Rep. Thomas 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. Thomas 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. 596, 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.

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

 

 

Roll Call No. 989 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 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,".

The House agreed to the full title of the bill.

Rep. Thomas 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

Senate Bill No. 340, entitled

A bill to amend 1995 PA 29, entitled "Uniform unclaimed property act," by amending sections 11, 18, 19, 20, 23, 25, and 31 (MCL 567.231, 567.238, 567.239, 567.240, 567.243, 567.245, and 567.251); and to repeal acts and parts of acts.

(The bill was considered earlier today, see today's Journal, p. 2533.)

The question being on the adoption of the amendments offered previously by Reps. Jaye, McBryde and Goschka,

The amendments were adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:

 

 

Roll Call No. 990 Yeas--105

 

 

Dobb

 

 

Nays--0

 

 

In The Chair: Hanley

 

 

Rep. Thomas 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. Thomas 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. 340, entitled

A bill to amend 1995 PA 29, entitled "Uniform unclaimed property act," by amending sections 11, 18, 19, 20, 23, 25, and 31 (MCL 567.231, 567.238, 567.239, 567.240, 567.243, 567.245, and 567.251); 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. 991 Yeas--70

 

 

DeVuyst Jansen

 

 

Nays--35

 

 

 

 

In The Chair: Hanley

 

 

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

"An act concerning unclaimed property; to provide for the reporting and disposition of unclaimed property; to make uniform the law concerning unclaimed property; to prescribe the powers and duties of certain state agencies and officials; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,".

The House agreed to the full title of the bill.

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

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

 

 

Rep. Wetters moved to reconsider the vote by which the House passed Senate Bill No. 727.

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

 

Senate Bill No. 727, 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 question being on the passage of the bill,

Rep. Alley moved to reconsider the vote by which the House adopted the amendments offered previously by Rep. Alley.

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

Rep. Alley withdrew the amendments.

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:

 

 

 

 

 

 

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 the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, and assessments; to provide certain appropriations; to prescribe penalties and provide remedies; to repeal certain parts of this act on a specific date; and to repeal certain acts and parts of acts,".

The House agreed to the full title of the bill.

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

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

 

 

 

 

Senate Bill No. 600, entitled

A bill to amend 1939 PA 280, entitled "The social welfare act," by amending section 109 (MCL 400.109), as amended by 1996 PA 473.

Was read a second time, and the question being on the adoption of the proposed amendment previously recommended by the Committee on Appropriations (for amendment, see House Journal No. 91, p. 2421),

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

Rep. Ciaramitaro moved to amend the bill as follows:

1. Amend page 6, line 7, by striking out all of lines 7 and 8 and inserting "1395b-6 TO 1395b-7, 1395c TO 1395i, 1395i-2 TO 1395i-5, 1395j TO 1395t, 1395u to 1395w, 1395w-2 TO 1395w-4, 1395w-21 TO 1395w-28, 1395x TO 1395yy, AND 1395bbb TO 1395ggg.".

2. Amend page 6, line 10, after "1396f" by striking out the balance of the subdivision and inserting a comma and "1396g-1 TO 1396r-6, AND 1396r-8 TO 1396v.".

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

Rep. Thomas 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. Thomas 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. 600, entitled

A bill to amend 1939 PA 280, entitled "The social welfare act," by amending section 109 (MCL 400.109), as amended by 1996 PA 473.

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

 

 

 

 

DeVuyst Jellema

 

 

 

 

 

 

 

 

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 1939 PA 280, entitled "An act to protect the welfare of the people of this state; to provide general assistance, hospitalization, infirmary and medical care to poor or unfortunate persons; to provide for compliance by this state with the social security act; to provide protection, welfare and services to aged persons, dependent children, the blind, and the permanently and totally disabled; to administer programs and services for the prevention and treatment of delinquency, dependency and neglect of children; to create a state department of social services; to prescribe the powers and duties of the department; to provide for the interstate and intercounty transfer of dependents; to create county and district departments of social services; to create within certain county departments, bureaus of social aid and certain divisions and offices thereunder; to prescribe the powers and duties of the departments, bureaus and officers; to provide for appeals in certain cases; to prescribe the powers and duties of the state department with respect to county and district departments; to prescribe certain duties of certain other state departments, officers, and agencies; to make an appropriation; to prescribe penalties for the violation of the provisions of this act; and to repeal certain parts of this act on specific dates," by amending section 109 (MCL 400.109), as amended by 1996 PA 473, and by adding section 112e.

The motion prevailed.

The House agreed to the title as amended.

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

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

 

 

 

 

Senate Bill No. 514, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending section 2213b (MCL 500.2213b), as added by 1996 PA 517.

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

The substitute (H-2) was adopted, a majority of the members serving voting therefor.

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

1. Amend page 3, line 8, after "COMMISSIONER" by striking out the balance of the subsection, all of subsection (7) and inserting a colon and:

"(A) BY NO LATER THAN FEBRUARY 1, 1998, A WRITTEN REPORT THAT DISCLOSES BOTH OF THE FOLLOWING:

(i) THE GROSS WRITTEN PREMIUM FOR SHORT-TERM OR 1-TIME LIMITED DURATION POLICIES OR CERTIFICATES OF NO LONGER THAN 6 MONTHS ISSUED IN THIS STATE DURING THE 1996 CALENDAR YEAR.

(ii) THE GROSS WRITTEN PREMIUM FOR ALL INDIVIDUAL EXPENSE-INCURRED HOSPITAL, MEDICAL, OR SURGICAL POLICIES ISSUED IN THIS STATE DURING THE 1996 CALENDAR YEAR OTHER THAN POLICIES OR CERTIFICATES DESCRIBED IN SUBPARAGRAPH (i).

(B) BY NO LATER THAN MARCH 31, 1998, MARCH 31, 1999, MARCH 31, 2000, AND MARCH 31, 2001, A WRITTEN ANNUAL REPORT THAT DISCLOSES BOTH OF THE FOLLOWING:

(i) THE GROSS WRITTEN PREMIUM FOR SHORT-TERM OR 1-TIME LIMITED DURATION POLICIES OR CERTIFICATES ISSUED IN THIS STATE DURING THE PRECEDING CALENDAR YEAR.

(ii) THE GROSS WRITTEN PREMIUM FOR ALL INDIVIDUAL EXPENSE-INCURRED HOSPITAL, MEDICAL, OR SURGICAL POLICIES ISSUED IN THIS STATE DURING THE PRECEDING CALENDAR YEAR OTHER THAN POLICIES OR CERTIFICATES DESCRIBED IN SUBPARAGRAPH (i).

(7) THE COMMISSIONER SHALL MAINTAIN COPIES OF REPORTS PREPARED PURSUANT TO SUBSECTION (6) ON FILE WITH THE ANNUAL STATEMENT OF EACH REPORTING INSURER. THE COMMISSIONER SHALL ANNUALLY COMPILE THE REPORTS RECEIVED UNDER SUBSECTION (6). THE COMMISSIONER SHALL PROVIDE THIS ANNUAL COMPILATION TO THE SENATE AND HOUSE OF REPRESENTATIVES STANDING COMMITTEES ON INSURANCE ISSUES NO LATER THAN THE JUNE 1 IMMEDIATELY FOLLOWING THE FEBRUARY 1 OR MARCH 31 DATE FOR WHICH THE REPORTS UNDER SUBSECTION (6) ARE PROVIDED.".

2. Amend page 3, line 24, after "COLLECTIVE" by striking out "EARNED" and inserting "GROSS WRITTEN".

3. Amend page 3, line 26, after "TIVE" by striking out "EARNED" and inserting "GROSS WRITTEN".

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

Rep. Thomas 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. Thomas 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. 514, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending section 2213b (MCL 500.2213b), as added by 1996 PA 517.

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

Roll Call No. 994 Yeas--102

 

 

Dobb Jellema

 

 

Nays--0

 

 

In The Chair: Hanley

 

 

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

"An act to revise, consolidate, and classify the laws relating to the insurance and surety business; to regulate the incorporation or formation of domestic insurance and surety companies and associations and the admission of foreign and alien companies and associations; to provide their rights, powers, and immunities and to prescribe the conditions on which companies and associations organized, existing, or authorized under this act may exercise their powers; to provide the rights, powers, and immunities and to prescribe the conditions on which other persons, firms, corporations, associations, risk retention groups, and purchasing groups engaged in an insurance or surety business may exercise their powers; to provide for the imposition of a privilege fee on domestic insurance companies and associations and the state accident fund; to provide for the imposition of a tax on the business of foreign and alien companies and associations; to provide for the imposition of a tax on risk retention groups and purchasing groups; to provide for the imposition of a tax on the business of surplus line agents; to provide for the imposition of regulatory fees on certain insurers; to modify tort liability arising out of certain accidents; to provide for limited actions with respect to that modified tort liability and to prescribe certain procedures for maintaining those actions; to require security for losses arising out of certain accidents; to provide for the continued availability and affordability of automobile insurance and homeowners insurance in this state and to facilitate the purchase of that insurance by all residents of this state at fair and reasonable rates; to provide for certain reporting with respect to insurance and with respect to certain claims against uninsured or self-insured persons; to prescribe duties for certain state departments and officers with respect to that reporting; to provide for certain assessments; to establish and continue certain state insurance funds; to modify and clarify the status, rights, powers, duties, and operations of the nonprofit malpractice insurance fund; to provide for the departmental supervision and regulation of the insurance and surety business within this state; to provide for the conservation, rehabilitation, or liquidation of unsound or insolvent insurers; to provide for the protection of policyholders, claimants, and creditors of unsound or insolvent insurers; to provide for associations of insurers to protect policyholders and claimants in the event of insurer insolvencies; to prescribe educational requirements for insurance agents and solicitors; to provide for the regulation of multiple employer welfare arrangements; to create an automobile theft prevention authority to reduce the number of automobile thefts in this state; to prescribe the powers and duties of the automobile theft prevention authority; to provide certain powers and duties upon certain officials, departments, and authorities of this state; to repeal certain acts and parts of acts; to repeal certain acts and parts of acts on specific dates; to repeal certain parts of this act on specific dates; and to provide penalties for the violation of this act,".

The House agreed to the full title of the bill.

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

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

 

 

 

 

Senate Bill No. 812, entitled

A bill to amend 1980 PA 350, entitled "The nonprofit health care corporation reform act," by amending section 502 (MCL 550.1502), as amended by 1994 PA 440.

The bill was read a second time.

Rep. Thomas 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. Thomas 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. 812, entitled

A bill to amend 1980 PA 350, entitled "The nonprofit health care corporation reform act," by amending section 502 (MCL 550.1502), as amended by 1994 PA 440.

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

 

 

Roll Call No. 995 Yeas--102

 

 

Dobb Jellema

 

 

Nays--0

 

 

In The Chair: Hanley

 

 

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

"An act to provide for the incorporation of nonprofit health care corporations; to provide their rights, powers, and immunities; to prescribe the powers and duties of certain state officers relative to the exercise of those rights, powers, and immunities; to prescribe certain conditions for the transaction of business by those corporations in this state; to define the relationship of health care providers to nonprofit health care corporations and to specify their rights, powers, and immunities with respect thereto; to provide for a Michigan caring program; to provide for the regulation and supervision of nonprofit health care corporations by the commissioner of insurance; to prescribe powers and duties of certain other state officers with respect to the regulation and supervision of nonprofit health care corporations; to provide for the imposition of a regulatory fee; to regulate the merger or consolidation of certain corporations; to prescribe an expeditious and effective procedure for the maintenance and conduct of certain administrative appeals relative to provider class plans; to provide for certain administrative hearings relative to rates for health care benefits; to provide for certain causes of action; to prescribe penalties and to provide civil fines for violations of this act; and to repeal certain acts and parts of acts,".

The House agreed to the full title of the bill.

Rep. Thomas 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

Senate Bill No. 716, entitled

A bill to amend 1933 PA 167, entitled "General sales tax act," by amending section 1 (MCL 205.51), as amended by 1995 PA 209.

(The bill was received from the Senate on November 13, with amendment, full title agreed to and immediate effect given by the Senate, consideration of which, under the rules, was postponed until December 2, see House Journal No. 91, p. 2424.)

The question being on concurring in the adoption of the amendment made to the bill by the Senate,

Rep. Dobb moved that consideration of the bill be postponed for the day.

The question being on the motion by Rep. Dobb,

Rep. Dobb demanded the yeas and nays.

The demand was supported.

The question being on the motion by Rep. Dobb,

The motion did not prevail, a majority of the members present not voting therefor, by yeas and nays, as follows:

 

 

 

 

 

 

Nays--52

 

 

 

 

In The Chair: Hanley

 

 

 

 

 

 

The question being on concurring in the adoption of the amendment made to the bill by the Senate,

Rep. Gagliardi moved that consideration of the bill be postponed for the day.

The motion prevailed.

 

 

 

 

Rep. Gagliardi moved that when the House adjourns today it stand adjourned until Wednesday, December 10, at 10:00 a.m.

The motion prevailed.

 

By unanimous consent the House returned to the order of

 

 

The Speaker, on behalf of the entire membership of the House of Representatives, offered the following resolution:

House Resolution No. 185.

A resolution honoring Edward "Cap" Holman upon the occasion of his retirement.

Whereas, It is a pleasure to honor Edward "Cap" Holman and wish him well upon his retirement from the Carpenter Crew of the Michigan House of Representatives. After fourteen years of dedicated service, Cap is celebrating his retirement on December 31, 1997; and

Whereas, Cap was born in Kentucky and moved to Michigan in 1964. Like most young men of his era, he served in the United States Army, and following an honorable discharge in 1962, went to work for various construction and building companies in the Lansing area. In 1983, he came to work for the House of Representatives; and

Whereas, His handiwork can be seen throughout the offices of the State Capitol as well as the Roosevelt Building and the Romney Building in the form of desks, cabinets, cupboards and many other unique hand-crafted items. He is well-known for his jolly and positive outlook on life and well liked by both the Representatives and staff; and

Whereas, In addition to his work, Cap has been a devoted husband and family man. He and his wife, Ruth, have raised three children, Sherry, Kevin and Curt, and have seven grandchildren. Ed and Ruth are retiring to live in the Black Hills of South Dakota where the home Ed is building is within sight of Mount Rushmore; now, therefore, be it

Resolved by the House of Representatives, That this resolution is dedicated to honor and thank Edward "Cap" Holman as he celebrates his retirement. May he experience only health and happiness in the years ahead; and be it further

Resolved, That a copy of this resolution be transmitted to Cap as a token of our appreciation for his years of dedicated service.

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.

 

 

The Speaker, on behalf of the entire membership of the House of Representatives, offered the following resolution:

House Resolution No. 186.

A resolution honoring John Raymond Knick upon the occasion of his retirement.

Whereas, It is a pleasure to honor and wish Ray Knick well upon his retirement from his position as Building Manager of the Roosevelt Building for the Michigan House of Representatives. After six years of dedicated service, Ray is celebrating his retirement on December 31, 1997; and

Whereas, Ray was born in Indiana and his family moved to Michigan when he was a small child. He served in the United States Army Security Agency and was honorably discharged. He previously worked in building and property maintenance owning his own business before coming to the work for the House; and

Whereas, Ray has played an integral part in maintaining the Roosevelt Building over the past several years, which at times has proven to be quite challenging. His smiling face and quiet demeanor is well-known and he is liked and respected by both the Representatives and staff in the building; and

Whereas, In addition to his work, Ray is a devoted husband and family man. He and his wife, Mary, have raised one son, John Raymond III, and have two grandchildren. His spare time has been spent fishing -- something he loves to do -- and now, with retirement at hand, he can increase this activity; now, therefore, be it

Resolved by the House of Representatives, That this resolution is dedicated to honor and thank Ray Knick as he celebrates his retirement. May health and happiness be his in the future; and be it further

Resolved, That a copy of this resolution be transmitted to Ray as a token of our appreciation for his years of dedicated service.

Pending the reference of the resolution to a committee,

Rep. Gagliardi moved that Rule 77 be suspended and the resolution be considered at this time.

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

The question being on the adoption of the resolution,

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

 

 

Reps. Wojno, Voorhees, Hammerstrom, Prusi, Hanley, Schermesser, Kelly, DeHart, Parks, Quarles, Tesanovich, Goschka, Murphy and Vaughn offered the following resolution:

House Resolution No. 187.

A resolution to memorialize the President and the Congress of the United States to expand health care options for senior citizens by permitting seniors to contract for services outside Medicare without penalty to the provider.

Whereas, The balanced budget agreement in Washington includes provisions pertaining to Medicare that restrict the options available to senior citizens in pursuing health care services. In the effort to bring financial efficiency to senior health care, our older citizens often have far fewer choices in seeking treatment; and

Whereas, Medicare provisions that penalize a doctor for treating a patient privately, outside of Medicare, illustrate the restrictiveness of the new policies. Under the current system, if a doctor provides services to a senior citizen that are paid for out of pocket and are not part of the Medicare coverage, that physician is barred from treating any Medicare patients for two years; and

Whereas, There is a bill in Congress that seeks to remedy the problem by extending, rather than restricting, the choices available to senior citizens. Clearly, the Medicare system, even as measures to economize are utilized, should not serve to restrict choices any more than is absolutely necessary; now, therefore, be it

Resolved by the House of Representatives, That we memorialize the President and the Congress of the United States to expand health care options for senior citizens by permitting seniors to contract for services outside Medicare without penalty to the provider; and be it further

Resolved, That copies of this resolution be transmitted to the Office of the President of the United States, 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 resolution was referred to the Committee on Health Policy.

 

 

Reps. Wojno, Voorhees, Hammerstrom, Prusi, Hanley, Schermesser, Kelly, DeHart, Parks, Quarles, Tesanovich, Goschka, Murphy and Vaughn offered the following concurrent resolution:

House Concurrent Resolution No. 77.

A concurrent resolution to memorialize the President and the Congress of the United States to expand health care options for senior citizens by permitting seniors to contract for services outside Medicare without penalty to the provider.

Whereas, The balanced budget agreement in Washington includes provisions pertaining to Medicare that restrict the options available to senior citizens in pursuing health care services. In the effort to bring financial efficiency to senior health care, our older citizens often have far fewer choices in seeking treatment; and

Whereas, Medicare provisions that penalize a doctor for treating a patient privately, outside of Medicare, illustrate the restrictiveness of the new policies. Under the current system, if a doctor provides services to a senior citizen that are paid for out of pocket and are not part of the Medicare coverage, that physician is barred from treating any Medicare patients for two years; and

Whereas, There is a bill in Congress that seeks to remedy the problem by extending, rather than restricting, the choices available to senior citizens. Clearly, the Medicare system, even as measures to economize are utilized, should not serve to restrict choices any more than is absolutely necessary; now, therefore, be it

Resolved by the House of Representatives (the Senate concurring), That we memorialize the President and the Congress of the United States to expand health care options for senior citizens by permitting seniors to contract for services outside Medicare without penalty to the provider; and be it further

Resolved, That copies of this resolution be transmitted to the Office of the President of the United States, 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 concurrent resolution was referred to the Committee on Health Policy.

 

 

 

 

 

 

Date: December 4, 1997

Subject: Trans. No. 97-60

I hereby certify that the Joint Committee on Administrative Rules approved the administrative rules from the Environment Quality Department, Land and Water Management Division, pertaining to Wetland Mitigation Banking, dated October 10, 1997.

 

 

 

 

The Committee on Regulatory Affairs, by Rep. Varga, Chair, reported

Senate Bill No. 636, entitled

A bill to amend 1933 (Ex Sess) PA 8, entitled "The Michigan liquor control act," by amending section 18 (MCL 436.18), as amended by 1994 PA 185.

With the recommendation that the bill pass.

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

 

SB 636 To Report Out:

Yeas: Reps. Varga, Wojno, Anthony, Leland, Quarles, Fitzgerald, Richner, Rocca,

Nays: Rep. Voorhees.

 

 

The Committee on Regulatory Affairs, by Rep. Varga, Chair, reported

Senate Bill No. 682, entitled

A bill to amend 1933 (Ex Sess) PA 8, entitled "The Michigan liquor control act," by amending section 18 (MCL 436.18), as amended by 1994 PA 185.

With the recommendation that the bill pass.

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

 

 

 

SB 682 To Report Out:

Yeas: Reps. Varga, Wojno, Anthony, Leland, Profit, Quarles, Jaye, Rocca,

Nays: Reps. Fitzgerald, Voorhees.

 

 

 

The following report, submitted by Rep. Varga, Chair of the Committee on Regulatory Affairs, was received and read:

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

Present: Reps. Varga, Wojno, Anthony, Leland, Profit, Quarles, Fitzgerald, Jaye, Richner, Rocca, Scranton, Voorhees,

Absent: Reps. Olshove, Scott, Vaughn,

Excused: Reps. Olshove, Scott, Vaughn.

 

 

The Committee on Human Services and Children, by Rep. LaForge, Chair, reported

House Bill No. 4038, entitled

A bill to amend 1939 PA 280, entitled "The social welfare act," (MCL 400.1 to 400.119b) by adding section 57i.

With the recommendation that the substitute (H-2) be adopted and that the bill then pass.

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

 

 

 

HB 4038 To Report Out:

Yeas: Reps. LaForge, Scott, Bogardus, Gire, Horton, London, McManus,

Nays: None.

 

 

The Committee on Human Services and Children, by Rep. LaForge, Chair, reported

House Bill No. 4195, entitled

A bill to amend 1939 PA 280, entitled "The social welfare act," by amending section 57a (MCL 400.57a), as added by 1995 PA 223.

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 4195 To Report Out:

Yeas: Reps. LaForge, Scott, Bogardus, Gire, Schauer,

Nays: None.

The Committee on Human Services and Children, by Rep. LaForge, Chair, reported

House Bill No. 4786, entitled

A bill to amend 1939 PA 280, entitled "The social welfare act," (MCL 400.1 to 400.119b) by adding section 57k.

With the recommendation that the bill pass.

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

 

 

 

HB 4786 To Report Out:

Yeas: Reps. LaForge, Scott, Bogardus, Gire, Horton, London, McManus,

Nays: None.

 

 

 

The following report, submitted by Rep. LaForge, Chair of the Committee on Human Services and Children, was received and read:

Meeting held on: Tuesday, December 9, 1997, at 8:30 a.m.,

Present: Reps. LaForge, Scott, Bogardus, Gire, Schauer, Horton, Jaye, London, McManus.

 

 

The Committee on Local Government, by Rep. Dobronski, Chair, reported

House Bill No. 4441, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 2567 (MCL 600.2567), as amended by 1990 PA 346, and by adding section 2567b.

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.

 

 

 

HB 4441 To Report Out:

Yeas: Reps. Dobronski, Brater, Brewer, Callahan, Brackenridge, Birkholz, Hammerstrom,

Nays: Rep. Crissman.

 

 

The Committee on Local Government, by Rep. Dobronski, Chair, reported

House Bill No. 4503, entitled

A bill to amend 1851 PA 156, entitled "An act to define the powers and duties of the county boards of commissioners of the several counties, and to confer upon them certain local, administrative and legislative powers; and to prescribe penalties for the violation of the provisions of this act," by amending sections 10b and 11 (MCL 46.10b and 46.11), section 10b as amended by 1996 PA 40 and section 11 as amended by 1996 PA 396; and to repeal acts and parts of acts.

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 4503 To Report Out:

Yeas: Reps. Dobronski, Brater, Brewer, Callahan, Brackenridge, Birkholz, Crissman, Hammerstrom,

Nays: None.

 

 

The Committee on Local Government, by Rep. Dobronski, Chair, reported

Senate Bill No. 520, entitled

A bill to amend 1989 PA 24, entitled "The district library establishment act," by amending section 3 (MCL 397.173).

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.

 

SB 520 To Report Out:

Yeas: Reps. Dobronski, Brater, Brewer, Callahan, Brackenridge, Birkholz, Crissman, Hammerstrom,

Nays: None.

 

 

The Committee on Local Government, by Rep. Dobronski, Chair, reported

Senate Bill No. 664, entitled

A bill to amend 1943 PA 20, entitled "An act relative to the investment of surplus funds of political subdivisions of the state; and to validate certain investments," by amending the title and sections 1 and 3 (MCL 129.91 and 129.93), the title as amended by 1988 PA 285 and section 1 as amended by 1997 PA 44, and by adding sections 5 and 6; and to repeal acts and parts of acts.

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.

 

 

 

SB 664 To Report Out:

Yeas: Reps. Dobronski, Brater, Brewer, Callahan, Brackenridge, Birkholz, Crissman, Hammerstrom,

Nays: None.

 

 

 

The following report, submitted by Rep. Dobronski, Chair of the Committee on Local Government, was received and read:

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

Present: Reps. Dobronski, Brater, Brewer, Callahan, Brackenridge, Birkholz, Crissman, Hammerstrom,

Absent: Rep. Mans,

Excused: Rep. Mans.

 

 

The Committee on House Oversight and Ethics, by Rep. Gagliardi, Chair, reported

House Concurrent Resolution No. 69.

A concurrent resolution to urge the President of the United States to designate the Detroit River as an American Heritage River.

(For text of resolution, see House Journal No. 79, p. 2136.)

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 69 To Report Out:

Yeas: Reps. Gagliardi, Cherry, Agee, DeHart, Hanley, Kilpatrick, Varga, Wallace, Wojno, Goschka, Voorhees,

Nays: None.

 

 

 

The following report, submitted by Rep. Gagliardi, Chair of the Committee on House Oversight and Ethics, was received and read:

Meeting held on: Tuesday, December 9, 1997, at 12:30 p.m.,

Present: Reps. Gagliardi, Cherry, Agee, Brewer, DeHart, Hanley, Kilpatrick, Varga, Wallace, Wojno, Goschka, Richner, Voorhees,

Absent: Reps. Gustafson, DeVuyst, Fitzgerald, Perricone,

Excused: Reps. Gustafson, DeVuyst, Fitzgerald, Perricone.

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

Senate Bill No. 97, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending sections 200, 201, 204, 204a, 207, 209, 210, and 211a (MCL 750.200, 750.201, 750.204, 750.204a, 750.207, 750.209, 750.210, and 750.211a); and to repeal acts and parts of acts.

With the recommendation that the substitute (H-2) be adopted and that the bill then pass.

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

 

 

 

SB 97 To Report Out: