No. 74
STATE OF MICHIGAN
JOURNAL
OF THE
House of Representatives
90th Legislature
REGULAR SESSION OF 1999
House Chamber, Lansing, Wednesday, October 27, 1999.
2:00 p.m.
The House was called to order by the Speaker Pro Tempore.
The roll was called by the Clerk of the House of Representatives, who announced that a quorum was present.
Allen--present
Baird--present
Basham--present
Birkholz--present
Bisbee--present
Bishop--present
Bogardus--present
Bovin--present
Bradstreet--present
Brater--present
Brewer--present
Brown, Bob--present
Brown, Cameron--present
Byl--present
Callahan--present
Cassis--present
Caul--present
Cherry--present
Clark--present
Clarke--present
Daniels--present
DeHart--present
Dennis--present
DeRossett--present
DeVuyst--present
DeWeese--present
Ehardt--present
Faunce--present
Frank--present
Garcia--present
Garza--present
Geiger--present
Gieleghem--present
Gilbert--present
Godchaux--present
Gosselin--present
Green--present
Hager--present
Hale--present
Hanley--present
Hansen--present
Hardman--present
Hart--present
Howell--present
Jacobs--present
Jamnick--present
Jansen--present
Jelinek--present
Jellema--present
Johnson, Rick--present
Johnson, Ruth--present
Julian--present
Kelly--present
Kilpatrick--present
Koetje--present
Kowall--present
Kuipers--present
Kukuk--present
LaForge--present
LaSata--present
Law--present
Lemmons--present
Lockwood--present
Mans--present
Martinez--present
Mead--present
Middaugh--present
Minore--present
Mortimer--present
Neumann--present
O'Neil--present
Pappageorge--present
Patterson--present
Perricone--present
Pestka--present
Price--present
Prusi--present
Pumford--present
Quarles--present
Raczkowski--present
Reeves--present
Richardville--present
Richner--present
Rison--excused
Rivet--present
Rocca--present
Sanborn--present
Schauer--present
Schermesser--present
Scott--excused
Scranton--present
Shackleton--present
Sheltrown--present
Shulman--present
Spade--present
Stallworth--present
Stamas--present
Switalski--present
Tabor--present
Tesanovich--present
Thomas--present
Toy--present
Vander Roest--present
Van Woerkom--present
Vaughn--present
Vear--present
Voorhees--present
Wojno--present
Woodward--present
Woronchak--present
e/d/s = entered during session
Rev. Donald Fry, Pastor of the United Methodist Church of Newaygo, offered the following invocation:
"God of all Abraham and Isaac, God of Jesus, and God of us all, You are always more ready to hear than we are to pray. Forgive us for being so preoccupied with the concerns of the day that we forget about You. We forget to ask for Your help. Sometimes we are so busy that we forget that it is You who gives us the ability to speak, debate, discern, and the wisdom to make decisions. We often come before You and ask for wisdom on the part of our leaders. Often it's in general that we ask, but this afternoon it's different. We ask Your blessing upon this body gathered here.
These men and women have been sent here by those at home to discuss and vote on important matters--issues which affect the lives of millions of people. So much of their time is spent here in this room--in meetings, on the phone, and greeting their constituents. We who are not here in the middle of things do not understand what these people go through. But You do, and that's what is important and what we need to remember.
Help us to remember that we could go as far to the east or as far to the west as we could go and we would find You there. We can be in moments of ecstasy or in the depths of hell on earth and find You there, too.
For the one for whom issues have become incredibly complicated rather than complex, we pray for clarity.
For the one who feels the struggle of making choices and compromises so deep that it becomes a matter of integrity, we pray for Your reassurance that the best we can do in any given circumstances is all You ask of us and that, no matter what we do, nothing can separate us from Your love.
For the one who is in the midst of conflict, whether it be here among colleagues or at home with family, speak Your words of reconciliation.
For one who is dreading some task, may the courage and power that comes through Your Holy Spirit strengthen.
For one who is overwhelmed with the requirements of membership in this body, may the simplicity of Your grace encourage.
When life falls apart all around us, may we find deep in the center, that You are still here, that Your grace reminds us that You have the last word.
We pray that those who need to, those who work here will see this as the holy ground--not holy because of where it is, but holy because You are here. When they are working may their desk be their altar, and in the depths of the night, may that desk be a place to meet You. And when it is dark, may the lamp which lights up their work be their candle, reminding them they are not alone. Wherever these men and women, called and sent to this place, find themselves, may they know that You are as real here as in any place on earth.
In a world of change You have always been the One who is consistent, the One we can count on. Help us to remember that. In Your name, we pray. Amen."
______
Rep. DeHart moved that Reps. Rison and Scott be excused from today's session.
The motion prevailed.
Second Reading of Bills
House Bill No. 4280, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 61503c.
Was read a second time, and the question being on the adoption of the proposed amendment previously recommended by the Committee on Conservation and Outdoor Recreation (for amendment, see House Journal No. 69, p. 1975),
The amendment was adopted, a majority of the members serving voting therefor.
Rep. Brater moved to substitute (H-1) the bill.
The question being on the adoption of the substitute (H-1) offered by Rep. Brater,
Rep. Brater demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the substitute (H-1) offered by Rep. Brater,
The motion did not prevail and the substitute (H-1) was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 914 Yeas--42
| Basham | Frank | Lockwood | Schauer |
| Bogardus | Garza | Martinez | Schermesser |
| Bovin | Gieleghem | Minore | Shackleton |
| Brater | Hale | Neumann | Stallworth |
| Brown, B. | Hanley | Pestka | Switalski |
| Callahan | Hansen | Price | Tesanovich |
| Cherry | Hardman | Prusi | Thomas |
| Clark, I. | Jacobs | Quarles | Vaughn |
| Daniels | Jamnick | Reeves | Wojno |
| DeHart | LaForge | Rivet | Woodward |
Dennis Lemmons
Nays--62
| Allen | Gilbert | Kuipers | Richner |
| Birkholz | Godchaux | Kukuk | Rocca |
| Bisbee | Gosselin | LaSata | Sanborn |
| Bishop | Green | Law | Scranton |
| Bradstreet | Hager | Mans | Sheltrown |
| Brown, C. | Hart | Mead | Shulman |
| Byl | Howell | Middaugh | Spade |
| Cassis | Jansen | Mortimer | Stamas |
| Caul | Jelinek | O'Neil | Tabor |
| Clarke, H. | Jellema | Pappageorge | Toy |
| DeRossett | Johnson, Rick | Patterson | Van Woerkom |
| DeVuyst | Johnson, Ruth | Perricone | Vander Roest |
| DeWeese | Julian | Pumford | Vear |
| Ehardt | Kilpatrick | Raczkowski | Voorhees |
| Faunce | Koetje | Richardville | Woronchak |
Garcia Kowall
In The Chair: Birkholz
______
Rep. Baird, under Rule 32(b), made the following statement:
"Mr. Speaker and members of the House:
I did not vote on Roll Call No. 914 because of a possible conflict of interest."
Rep. DeVuyst 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. Raczkowski moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the House returned to the order of
Third Reading of Bills
House Bill No. 4280, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 61503c.
The bill was read a third time.
The question being on the passage of the bill,
Rep. Brater moved that consideration of the bill be postponed temporarily.
The motion prevailed.
Second Reading of Bills
House Bill No. 4755, entitled
A bill to amend 1984 PA 22, entitled "Michigan civilian conservation corps act," by amending section 6 (MCL 409.306), as amended by 1998 PA 71.
Was read a second time, and the question being on the adoption of the proposed amendments previously recommended by the Committee on Conservation and Outdoor Recreation (for amendments, see House Journal No. 69, p. 1975),
The amendments were adopted, a majority of the members serving voting therefor.
Rep. Thomas moved to amend the bill as follows:
1. Amend page 3, line 6, by striking out all of subsection (5).
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.
Rep. Raczkowski moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
______
Rep. LaForge moved that Rep. Kelly be excused temporarily from today's session.
The motion prevailed.
By unanimous consent the House returned to the order of
Third Reading of Bills
House Bill No. 4755, entitled
A bill to amend 1984 PA 22, entitled "Michigan civilian conservation corps act," by amending section 6 (MCL 409.306), as amended by 1998 PA 71.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 915 Yeas--107
| Allen | Faunce | Koetje | Richner |
| Baird | Frank | Kowall | Rivet |
| Basham | Garcia | Kuipers | Rocca |
| Birkholz | Garza | Kukuk | Sanborn |
| Bisbee | Geiger | LaSata | Schauer |
| Bishop | Gieleghem | Law | Schermesser |
| Bogardus | Gilbert | Lemmons | Scranton |
| Bovin | Godchaux | Lockwood | Shackleton |
| Bradstreet | Gosselin | Mans | Sheltrown |
| Brater | Green | Martinez | Shulman |
| Brewer | Hager | Mead | Spade |
| Brown, B. | Hale | Middaugh | Stallworth |
| Brown, C. | Hanley | Minore | Stamas |
| Byl | Hansen | Mortimer | Switalski |
| Callahan | Hardman | Neumann | Tabor |
| Cassis | Hart | O'Neil | Tesanovich |
| Caul | Howell | Pappageorge | Thomas |
| Cherry | Jacobs | Patterson | Toy |
| Clark, I. | Jamnick | Perricone | Van Woerkom |
| Clarke, H. | Jansen | Pestka | Vander Roest |
| Daniels | Jelinek | Price | Vaughn |
| DeHart | Jellema | Prusi | Vear |
| Dennis | Johnson, Rick | Pumford | Voorhees |
| DeRossett | Johnson, Ruth | Quarles | Wojno |
| DeVuyst | Julian | Raczkowski | Woodward |
| DeWeese | Kelly | Reeves | Woronchak |
| Ehardt | Kilpatrick | Richardville |
Nays--0
In The Chair: Birkholz
The House agreed to the title of the bill.
Rep. Raczkowski moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Second Reading of Bills
Senate Bill No. 463, entitled
A bill to amend 1972 PA 230, entitled "State construction code act of 1972," by amending the title and sections 2, 4, 7, 8, 10, and 22 (MCL 125.1502, 125.1504, 125.1507, 125.1508, 125.1510, and 125.1522), the title and section 4 as amended by 1995 PA 270, section 2 as amended by 1998 PA 42, section 8 as amended by 1994 PA 128, section 10 as amended by 1989 PA 135, and section 22 as amended by 1980 PA 371, and by adding sections 2a, 3a, 8a, 8b, 9b, and 13d; and to repeal acts and parts of acts.
(The bill was read a second time, substitute (H-2) adopted, amended, amendment reconsidered and postponed temporarily, amended, amendments offered and bill postponed temporarily on October 26, see House Journal No. 73, p. 2042.)
The question being on the amendment offered previously by Reps. Woronchak and Wojno,
Rep. Jelinek moved to amend the Woronchak and Wojno amendment as follows:
1. Amend the Woronchak's amendment, page 37, following line 13, subsection (8), after "THE STATE." by inserting "THE GOVERNMENTAL SUBDIVISION SHALL LIST ALL AMENDMENTS TO THE CODE AND MAKE THAT LIST AVAILABLE UPON GRANTING ALL BUILDING PERMITS TO THE PERSON OBTAINING THOSE PERMITS.".
The question being on the adoption of the amendment offered by Rep. Jelinek,
Rep. Kilpatrick demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Jelinek,
The amendment was adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 916 Yeas--71
| Baird | Ehardt | Kilpatrick | Richner |
| Basham | Frank | LaForge | Rivet |
| Birkholz | Garza | LaSata | Schauer |
| Bogardus | Geiger | Law | Schermesser |
| Bovin | Godchaux | Lemmons | Scranton |
| Bradstreet | Green | Lockwood | Shackleton |
| Brater | Hager | Mans | Spade |
| Brown, B. | Hale | Martinez | Stamas |
| Byl | Hanley | Minore | Switalski |
| Callahan | Hansen | Mortimer | Thomas |
| Caul | Hardman | Neumann | Toy |
| Cherry | Howell | O'Neil | Van Woerkom |
| Clark, I. | Jacobs | Pappageorge | Vander Roest |
| Clarke, H. | Jamnick | Pestka | Vaughn |
| Daniels | Jelinek | Price | Wojno |
| DeHart | Jellema | Pumford | Woodward |
| Dennis | Johnson, Ruth | Quarles | Woronchak |
| DeVuyst | Kelly | Reeves |
Nays--32
| Allen | Garcia | Kowall | Richardville |
| Bisbee | Gilbert | Kuipers | Rocca |
| Bishop | Gosselin | Kukuk | Sanborn |
| Brown, C. | Hart | Mead | Sheltrown |
| Cassis | Jansen | Middaugh | Shulman |
| DeRossett | Johnson, Rick | Patterson | Tabor |
| DeWeese | Julian | Perricone | Vear |
| Faunce | Koetje | Raczkowski | Voorhees |
In The Chair: Birkholz
The question being on the adoption of the amendment offered previously by Reps. Woronchak and Wojno,
Rep. Raczkowski moved that consideration of the bill be postponed temporarily.
The motion prevailed.
______
Rep. Kelly moved that Rep. LaForge be excused temporarily from today's session.
The motion prevailed.
By unanimous consent the House returned to the order of
Third Reading of Bills
The House returned to the consideration of
House Bill No. 4280, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 61503c.
(The bill was considered earlier today, see today's journal, p. 2066.)
The question being on the passage of the bill,
The bill was then passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 917 Yeas--103
| Allen | Garcia | Kowall | Richner |
| Basham | Garza | Kuipers | Rivet |
| Birkholz | Geiger | Kukuk | Rocca |
| Bisbee | Gieleghem | LaSata | Sanborn |
| Bishop | Gilbert | Law | Schauer |
| Bogardus | Godchaux | Lemmons | Schermesser |
| Bovin | Gosselin | Lockwood | Scranton |
| Bradstreet | Green | Mans | Shackleton |
| Brater | Hager | Martinez | Sheltrown |
| Brown, B. | Hale | Mead | Shulman |
| Brown, C. | Hanley | Middaugh | Spade |
| Byl | Hansen | Minore | Stallworth |
| Callahan | Hardman | Mortimer | Stamas |
| Cassis | Hart | Neumann | Switalski |
| Caul | Howell | O'Neil | Tabor |
| Cherry | Jacobs | Pappageorge | Tesanovich |
| Clark, I. | Jamnick | Patterson | Thomas |
| Clarke, H. | Jansen | Perricone | Toy |
| Daniels | Jelinek | Pestka | Van Woerkom |
| Dennis | Jellema | Price | Vander Roest |
| DeRossett | Johnson, Rick | Prusi | Vaughn |
| DeVuyst | Johnson, Ruth | Pumford | Voorhees |
| DeWeese | Julian | Quarles | Wojno |
| Ehardt | Kelly | Raczkowski | Woodward |
| Faunce | Kilpatrick | Reeves | Woronchak |
| Frank | Koetje | Richardville |
Nays--0
In The Chair: Birkholz
The House agreed to the title of the bill.
Rep. Raczkowski moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Reps. Basham, Callahan, Clarke, DeWeese, Hart, Jacobs, Jellema, Kowall, Kuipers, Kukuk, Law, Lemmons, Pappageorge, Richardville, Richner, Rocca, Shackleton, Van Woerkom, Vander Roest and Vaughn were named co-sponsors of the bill.
______
Rep. Baird, under Rule 32(b), made the following statement:
"Mr. Speaker and members of the House:
I did not vote on Roll Call No. 917 because of a possible conflict of interest."
Rep. DeHart, under Rule 32(b), made the following statement:
"Mr. Speaker and members of the House:
I did not vote on Roll Call No. 917 because of a possible conflict of interest."
Rep. Brewer, under Rule 32(b), made the following statement:
"Mr. Speaker and members of the House:
I did not vote on Roll Call No. 917 because of a possible conflict of interest."
Second Reading of Bills
House Bill No. 4281, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 61503b.
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 and Outdoor Recreation,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. DeVuyst 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. Raczkowski moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the House returned to the order of
Third Reading of Bills
House Bill No. 4281, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 61503b.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 918 Yeas--101
| Allen | Garcia | LaForge | Rivet |
| Basham | Garza | LaSata | Rocca |
| Birkholz | Gieleghem | Law | Sanborn |
| Bisbee | Gilbert | Lemmons | Schauer |
| Bishop | Godchaux | Lockwood | Schermesser |
| Bogardus | Gosselin | Mans | Scranton |
| Bovin | Green | Martinez | Shackleton |
| Bradstreet | Hager | Mead | Sheltrown |
| Brater | Hale | Middaugh | Shulman |
| Brown, B. | Hansen | Minore | Spade |
| Brown, C. | Hardman | Mortimer | Stallworth |
| Byl | Hart | Neumann | Stamas |
| Callahan | Howell | O'Neil | Switalski |
| Cassis | Jacobs | Pappageorge | Tabor |
| Caul | Jansen | Patterson | Tesanovich |
| Cherry | Jelinek | Perricone | Thomas |
| Clark, I. | Jellema | Pestka | Toy |
| Clarke, H. | Johnson, Rick | Price | Van Woerkom |
| Daniels | Johnson, Ruth | Prusi | Vander Roest |
| Dennis | Julian | Pumford | Vaughn |
| DeRossett | Kilpatrick | Quarles | Vear |
| DeVuyst | Koetje | Raczkowski | Voorhees |
| DeWeese | Kowall | Reeves | Wojno |
| Ehardt | Kuipers | Richardville | Woodward |
| Faunce | Kukuk | Richner | Woronchak |
Frank
Nays--0
In The Chair: Birkholz
The question being on agreeing to the title of the bill,
Rep. Raczkowski moved to amend the title to read as follows:
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 61503b; and to repeal acts and parts of acts.
The motion prevailed.
The House agreed to the title as amended.
Rep. Raczkowski moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
______
Rep. Baird, under Rule 32(b), made the following statement:
"Mr. Speaker and members of the House:
I did not vote on Roll Call No. 918 because of a possible conflict of interest."
Rep. DeHart, under Rule 32(b), made the following statement:
"Mr. Speaker and members of the House:
I did not vote on Roll Call No. 918 because of a possible conflict of interest."
Rep. Brewer, under Rule 32(b), made the following statement:
"Mr. Speaker and members of the House:
I did not vote on Roll Call No. 918 because of a possible conflict of interest."
Second Reading of Bills
Senate Bill No. 430, entitled
A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 316 (MCL 750.316), as amended by 1996 PA 21.
Was read a second time, and the question being on the adoption of the proposed amendment previously recommended by the Committee on Criminal Law and Corrections (for amendment, see House Journal No. 41, p. 792),
The amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Faunce moved to amend the bill as follows:
1. Amend page 3, following line 8, by inserting:
"Enacting section 1. This amendatory act takes effect April 1, 2000.".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Raczkowski 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. Raczkowski moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the House returned to the order of
Third Reading of Bills
Senate Bill No. 430, entitled
A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 316 (MCL 750.316), as amended by 1996 PA 21.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 919 Yeas--107
| Allen | Frank | Kowall | Richner |
| Baird | Garcia | Kuipers | Rivet |
| Basham | Garza | Kukuk | Rocca |
| Birkholz | Geiger | LaForge | Sanborn |
| Bisbee | Gieleghem | LaSata | Schauer |
| Bishop | Gilbert | Law | Schermesser |
| Bogardus | Godchaux | Lemmons | Scranton |
| Bovin | Gosselin | Lockwood | Shackleton |
| Bradstreet | Green | Mans | Sheltrown |
| Brater | Hager | Martinez | Shulman |
| Brewer | Hale | Mead | Spade |
| Brown, B. | Hanley | Middaugh | Stallworth |
| Brown, C. | Hansen | Minore | Stamas |
| Byl | Hardman | Mortimer | Switalski |
| Callahan | Hart | Neumann | Tabor |
| Cassis | Howell | O'Neil | Tesanovich |
| Caul | Jacobs | Pappageorge | Thomas |
| Cherry | Jamnick | Patterson | Toy |
| Clark, I. | Jansen | Perricone | Van Woerkom |
| Clarke, H. | Jelinek | Pestka | Vander Roest |
| Daniels | Jellema | Price | Vaughn |
| Dennis | Johnson, Rick | Prusi | Vear |
| DeRossett | Johnson, Ruth | Pumford | Voorhees |
| DeVuyst | Julian | Quarles | Wojno |
| DeWeese | Kelly | Raczkowski | Woodward |
| Ehardt | Kilpatrick | Reeves | Woronchak |
| Faunce | Koetje | Richardville |
Nays--0
In The Chair: Birkholz
Pursuant to Joint Rule 20, the full title of the act shall read as follows:
"An act to revise, consolidate, codify and add to the statutes relating to crimes; to define crimes and prescribe the penalties therefor; to provide for restitution under certain circumstances; to provide for the competency of evidence at the trial of persons accused of crime; to provide immunity from prosecution for certain witnesses appearing at such trials; and to repeal certain acts and parts of acts inconsistent with or contravening any of the provisions of this act,".
The House agreed to the full title.
Second Reading of Bills
The House returned to the consideration of
Senate Bill No. 463, entitled
A bill to amend 1972 PA 230, entitled "State construction code act of 1972," by amending the title and sections 2, 4, 7, 8, 10, and 22 (MCL 125.1502, 125.1504, 125.1507, 125.1508, 125.1510, and 125.1522), the title and section 4 as amended by 1995 PA 270, section 2 as amended by 1998 PA 42, section 8 as amended by 1994 PA 128, section 10 as amended by 1989 PA 135, and section 22 as amended by 1980 PA 371, and by adding sections 2a, 3a, 8a, 8b, 9b, and 13d; and to repeal acts and parts of acts.
(The bill was considered earlier today, see today's journal, p. 2069.)
Rep. Hale moved to amend the bill as follows:
1. Amend page 47, line 10, by striking out all of section 13d.
The question being on the adoption of the amendment offered by Rep. Hale,
Rep. Hale demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Hale,
The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 920 Yeas--27
| Bishop | Frank | LaForge | Schermesser |
| Bogardus | Garza | Martinez | Switalski |
| Bovin | Gieleghem | Neumann | Tesanovich |
| Brater | Hale | Price | Thomas |
| Cherry | Hardman | Prusi | Vaughn |
| Clark, I. | Jacobs | Reeves | Woodward |
| DeHart | Kelly | Rivet |
Nays--74
| Allen | Garcia | Kuipers | Richner |
| Baird | Geiger | Kukuk | Rocca |
| Basham | Gilbert | LaSata | Sanborn |
| Birkholz | Godchaux | Law | Scranton |
| Bisbee | Gosselin | Lemmons | Shackleton |
| Bradstreet | Green | Lockwood | Sheltrown |
| Brown, B. | Hager | Mans | Shulman |
| Brown, C. | Hansen | Mead | Spade |
| Byl | Hart | Middaugh | Stallworth |
| Callahan | Howell | Mortimer | Stamas |
| Cassis | Jansen | O'Neil | Tabor |
| Caul | Jelinek | Pappageorge | Toy |
| Clarke, H. | Jellema | Patterson | Van Woerkom |
| Dennis | Johnson, Rick | Perricone | Vander Roest |
| DeRossett | Johnson, Ruth | Pestka | Vear |
| DeVuyst | Julian | Pumford | Voorhees |
| DeWeese | Kilpatrick | Raczkowski | Wojno |
| Ehardt | Koetje | Richardville | Woronchak |
Faunce Kowall
In The Chair: Birkholz
Rep. Hale moved to amend the bill as follows:
1. Amend page 19, following line 9, by inserting:
"SEC. 5A. WITH THE ENACTMENT OF THIS 1999 AMENDATORY ACT, THE COMMISSION SHALL ENCOURAGE THE STATE TO AWARD CONTRACTS TO BUSINESSES THAT ARE LOCATED IN URBAN OR DISTRESSED AREAS.".
The question being on the adoption of the amendment offered by Rep. Hale,
Rep. Hale demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Hale,
The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 921 Yeas--31
| Baird | DeHart | Kelly | Reeves |
| Bogardus | Dennis | Kilpatrick | Schermesser |
| Brater | Garza | LaForge | Stallworth |
| Brown, B. | Gieleghem | Lemmons | Switalski |
| Cherry | Hale | Martinez | Thomas |
| Clark, I. | Hansen | Minore | Vaughn |
| Clarke, H. | Hardman | Price | Woodward |
| Daniels | Jacobs | Quarles |
Nays--70
| Allen | Godchaux | Lockwood | Sanborn |
| Basham | Gosselin | Mans | Schauer |
| Birkholz | Green | Mead | Scranton |
| Bisbee | Hager | Middaugh | Shackleton |
| Bishop | Hart | Mortimer | Sheltrown |
| Bovin | Howell | Neumann | Shulman |
| Bradstreet | Jansen | O'Neil | Spade |
| Brown, C. | Jelinek | Pappageorge | Stamas |
| Byl | Jellema | Patterson | Tabor |
| Cassis | Johnson, Rick | Perricone | Tesanovich |
| Caul | Johnson, Ruth | Prusi | Toy |
| DeRossett | Julian | Pumford | Van Woerkom |
| DeWeese | Koetje | Raczkowski | Vander Roest |
| Ehardt | Kowall | Richardville | Vear |
| Faunce | Kuipers | Richner | Voorhees |
| Garcia | Kukuk | Rivet | Wojno |
| Geiger | LaSata | Rocca | Woronchak |
Gilbert Law
In The Chair: Birkholz
The question being on the adoption of the amendment offered previously by Reps. Woronchak and Wojno,
The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 922 Yeas--55
| Baird | Garza | Law | Schauer |
| Basham | Gieleghem | Lemmons | Schermesser |
| Birkholz | Godchaux | Lockwood | Spade |
| Bogardus | Hager | Mans | Stallworth |
| Bovin | Hale | Martinez | Switalski |
| Brater | Hanley | Minore | Tesanovich |
| Brown, B. | Hansen | Neumann | Thomas |
| Byl | Hardman | O'Neil | Toy |
| Callahan | Jacobs | Price | Vander Roest |
| Clark, I. | Jamnick | Pumford | Vaughn |
| Clarke, H. | Jelinek | Quarles | Wojno |
| Daniels | Kelly | Reeves | Woodward |
| DeHart | Kilpatrick | Richardville | Woronchak |
| Dennis | LaForge | Richner |
Nays--48
| Allen | Frank | Kowall | Rivet |
| Bisbee | Gilbert | Kuipers | Rocca |
| Bishop | Gosselin | Kukuk | Sanborn |
| Bradstreet | Green | LaSata | Scranton |
| Brown, C. | Hart | Mead | Shackleton |
| Cassis | Howell | Middaugh | Sheltrown |
| Caul | Jansen | Mortimer | Shulman |
| Cherry | Jellema | Pappageorge | Stamas |
| DeRossett | Johnson, Rick | Patterson | Tabor |
| DeWeese | Johnson, Ruth | Perricone | Van Woerkom |
| Ehardt | Julian | Pestka | Vear |
| Faunce | Koetje | Raczkowski | Voorhees |
In The Chair: Birkholz
Rep. Kilpatrick moved to reconsider the vote by which the House did not adopt the amendment.
The question being on the motion by Rep. Kilpatrick,
Rep. Kilpatrick demanded the yeas and nays.
The demand was supported.
The question being on the motion by Rep. Kilpatrick,
The motion did not prevail, a majority of the members present not voting therefor, by yeas and nays, as follows:
Roll Call No. 923 Yeas--49
| Baird | Garza | Lockwood | Schermesser |
| Basham | Gieleghem | Mans | Sheltrown |
| Bogardus | Hale | Martinez | Spade |
| Bovin | Hanley | Minore | Stallworth |
| Brater | Hansen | Neumann | Switalski |
| Brown, B. | Hardman | O'Neil | Tesanovich |
| Callahan | Jacobs | Pestka | Thomas |
| Cherry | Jamnick | Price | Vander Roest |
| Clark, I. | Kelly | Quarles | Vaughn |
| Clarke, H. | Kilpatrick | Reeves | Wojno |
| Daniels | LaForge | Rivet | Woodward |
| DeHart | Lemmons | Schauer | Woronchak |
Dennis
Nays--55
| Allen | Garcia | Julian | Richardville |
| Birkholz | Geiger | Koetje | Richner |
| Bisbee | Gilbert | Kowall | Rocca |
| Bishop | Godchaux | Kuipers | Sanborn |
| Bradstreet | Gosselin | Kukuk | Scranton |
| Brown, C. | Green | LaSata | Shackleton |
| Byl | Hager | Mead | Shulman |
| Cassis | Hart | Middaugh | Stamas |
| Caul | Howell | Mortimer | Tabor |
| DeRossett | Jansen | Pappageorge | Toy |
| DeVuyst | Jelinek | Patterson | Van Woerkom |
| DeWeese | Jellema | Perricone | Vear |
| Ehardt | Johnson, Rick | Pumford | Voorhees |
| Faunce | Johnson, Ruth | Raczkowski |
In The Chair: Birkholz
The question being on the adoption of the amendments offered previously by Rep. Cherry,
The amendments were adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 924 Yeas--91
| Allen | Faunce | LaSata | Rocca |
| Baird | Frank | Lemmons | Sanborn |
| Basham | Garcia | Lockwood | Schauer |
| Birkholz | Garza | Mans | Schermesser |
| Bisbee | Gieleghem | Martinez | Scranton |
| Bishop | Gilbert | Mead | Shackleton |
| Bogardus | Gosselin | Middaugh | Sheltrown |
| Bovin | Hager | Minore | Spade |
| Brater | Hale | Mortimer | Stallworth |
| Brown, B. | Hanley | Neumann | Switalski |
| Brown, C. | Hardman | O'Neil | Tabor |
| Byl | Howell | Pappageorge | Tesanovich |
| Callahan | Jacobs | Patterson | Thomas |
| Cassis | Jamnick | Perricone | Toy |
| Caul | Johnson, Rick | Pestka | Van Woerkom |
| Cherry | Johnson, Ruth | Price | Vander Roest |
| Clark, I. | Julian | Prusi | Vaughn |
| Clarke, H. | Kelly | Pumford | Vear |
| Daniels | Kilpatrick | Quarles | Voorhees |
| Dennis | Koetje | Reeves | Wojno |
| DeRossett | Kowall | Richardville | Woodward |
| DeWeese | Kukuk | Richner | Woronchak |
| Ehardt | LaForge | Rivet |
Nays--16
| Bradstreet | Godchaux | Jansen | Law |
| DeHart | Green | Jelinek | Raczkowski |
| DeVuyst | Hansen | Jellema | Shulman |
| Geiger | Hart | Kuipers | Stamas |
In The Chair: Birkholz
Rep. Raczkowski 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. Raczkowski moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
______
Rep. Lockwood moved that Rep. O'Neil be excused temporarily from today's session.
The motion prevailed.
By unanimous consent the House returned to the order of
Third Reading of Bills
Senate Bill No. 463, entitled
A bill to amend 1972 PA 230, entitled "State construction code act of 1972," by amending the title and sections 2, 4, 7, 8, 10, and 22 (MCL 125.1502, 125.1504, 125.1507, 125.1508, 125.1510, and 125.1522), the title and section 4 as amended by 1995 PA 270, section 2 as amended by 1998 PA 42, section 8 as amended by 1994 PA 128, section 10 as amended by 1989 PA 135, and section 22 as amended by 1980 PA 371, and by adding sections 2a, 3a, 8a, 8b, 9b, and 13d; 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. 925 Yeas--68
| Allen | Gieleghem | Kuipers | Rivet |
| Birkholz | Gilbert | Kukuk | Rocca |
| Bisbee | Green | LaSata | Sanborn |
| Bradstreet | Hager | Law | Schauer |
| Brown, C. | Hale | Lemmons | Scranton |
| Byl | Hart | Mans | Shackleton |
| Cassis | Howell | Mead | Sheltrown |
| Caul | Jamnick | Middaugh | Shulman |
| Cherry | Jansen | Mortimer | Spade |
| Clarke, H. | Jelinek | Pappageorge | Stamas |
| DeRossett | Jellema | Patterson | Tabor |
| DeWeese | Johnson, Rick | Pestka | Tesanovich |
| Ehardt | Johnson, Ruth | Prusi | Toy |
| Faunce | Julian | Pumford | Van Woerkom |
| Frank | Kilpatrick | Raczkowski | Vander Roest |
| Garcia | Koetje | Richardville | Vear |
| Geiger | Kowall | Richner | Voorhees |
Nays--35
| Baird | Daniels | Kelly | Schermesser |
| Basham | DeHart | LaForge | Stallworth |
| Bishop | Dennis | Lockwood | Switalski |
| Bogardus | Garza | Martinez | Thomas |
| Bovin | Godchaux | Minore | Vaughn |
| Brater | Hanley | Neumann | Wojno |
| Brown, B. | Hansen | Price | Woodward |
| Callahan | Hardman | Quarles | Woronchak |
| Clark, I. | Jacobs | Reeves |
In The Chair: Birkholz
The question being on agreeing to the title of the bill,
Rep. Raczkowski moved to amend the title to read as follows:
A bill to amend 1972 PA 230, entitled "An act to create a construction code commission and prescribe its functions; to authorize the commission to promulgate rules with recommendations from each affected board relating to the construction, alteration, demolition, occupancy, and use of buildings and structures; to prescribe energy conservation standards for the construction of certain buildings; to provide for statewide approval of premanufactured units; to provide for the testing of new devices, materials, and techniques for the construction of buildings and structures; to define the classes of buildings and structures affected by the act; to provide that governmental subdivisions may with exceptions elect not to be subject to certain parts of the act; to provide for administration and enforcement of the act; to create a state construction code fund; to prohibit certain conduct; to establish remedies and sanctions for violations of the act; to repeal acts and parts of acts; and to provide an appropriation," by amending the title and sections 1, 2, 4, 7, 8, 9, 10, and 22 (MCL 125.1501, 125.1502, 125.1504, 125.1507, 125.1508, 125.1509, 125.1510, and 125.1522), the title and section 4 as amended by 1995 PA 270, section 2 as amended by 1998 PA 42, section 8 as amended by 1994 PA 128, section 9 as amended by 1994 PA 22, section 10 as amended by 1989 PA 135, and section 22 as amended by 1980 PA 371, and by adding sections 2a, 3a, 8a, 8b, 9b, and 13d; and to repeal acts and parts of acts.
The motion prevailed.
The House agreed to the title as amended.
Rep. Raczkowski moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
______
Rep. Brewer, under Rule 32(b), made the following statement:
"Mr. Speaker and members of the House:
I did not vote on Roll Call No. 925 because of a possible conflict of interest."
Second Reading of Bills
House Bill No. 4931, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 605 and 716 (MCL 257.605 and 257.716), section 605 as amended by 1999 PA 73 and section 716 as amended by 1998 PA 427.
(The bill was read a second time, amendment defeated, amendments offered and bill postponed for the day on October 26, see House Journal No. 73, p. 2046.)
The question being on the adoption of the amendments offered previously by Rep. Rick Johnson,
Rep. Rick Johnson moved that consideration of the amendments be postponed temporarily.
The motion prevailed.
The question being on the adoption of the amendment offered previously by Rep. Jamnick,
Rep. Jamnick moved that consideration of the amendment be postponed temporarily.
The motion prevailed.
The question being on the adoption of the amendment offered previously by Rep. Richner,
The amendment was adopted, a majority of the members serving voting therefor.
The question being on the adoption of the amendments offered previously by Rep. Cassis,
Rep. Cassis moved that consideration of the amendments be postponed temporarily.
The motion prevailed.
Rep. Cassis moved to amend the bill as follows:
1. Amend page 2, line 8, after "AND" by striking out "APPLIED EXCLUSIVELY" and inserting "SHALL BE ALLOCATED AS FOLLOWS:
(A) THIRTY PERCENT TO THE COUNTY, CITY, OR VILLAGE FOR USE ON LOCAL ROADS.
(B) FORTY PERCENT".
2. Amend page 2, following line 11, by inserting:
"(C) THIRTY PERCENT TO THE COUNTY IN WHICH THE POLITICAL SUBDIVISION IS LOCATED.".
The question being on the adoption of the amendments offered by Rep. Cassis,
Rep. Cassis moved that consideration of the amendments be postponed temporarily.
The motion prevailed.
Rep. O'Neil moved to amend the bill as follows:
1. Amend page 1, line 1, by striking out all of section 605 and inserting:
"SEC. 629F. (1) IF SECTION 605 IS AMENDED TO REQUIRE THE COURT IMPOSING A CIVIL FINE UNDER SECTION 605 TO NOT WAIVE THE IMPOSITION OF A FINE AND TO IMPOSE AT LEAST THE MINIMUM FINE AS RECOMMENDED BY THE STATE COURT ADMINISTRATOR'S OFFICE RECOMMENDED GUIDELINES, THEN IN ADDITION TO ANY FINE OR COST ORDERED TO BE PAID UNDER THIS ACT, AND IN ADDITION TO ANY ASSESSMENT LEVIED UNDER SECTION 907, THE JUDGE, DISTRICT OR MUNICIPAL COURT REFEREE, OR DISTRICT OR MUNICIPAL COURT MAGISTRATE SHALL LEVY A LIBRARY FUNDING ASSESSMENT OF $5.00 FOR EACH CIVIL INFRACTION DETERMINATION FOR A MOVING VIOLATION. UPON PAYMENT OF THE ASSESSMENT, THE CLERK OF THE COURT SHALL TRANSMIT THE ASSESSMENT LEVIED TO THE DEPARTMENT OF TREASURY. THE STATE TREASURER SHALL DEPOSIT THE REVENUE RECEIVED PURSUANT TO THIS SUBSECTION IN THE LOCAL LIBRARY FUND AND SHALL REPORT ANNUALLY TO THE LEGISLATURE ALL REVENUES RECEIVED AND DISBURSED UNDER THIS SECTION. AN ASSESSMENT LEVIED UNDER THIS SUBSECTION SHALL NOT BE CONSIDERED A CIVIL FINE FOR PURPOSES OF SECTION 909.
(2) A LOCAL LIBRARY FUND IS CREATED IN THE DEPARTMENT OF TREASURY. THE FUND SHALL BE ADMINISTERED BY THE DEPARTMENT OF TREASURY. MONEY COLLECTED UNDER SUBSECTION (1) SHALL BE DEPOSITED IN THE FUND AS PROVIDED IN SUBSECTION (1). THE MONEY DEPOSITED IN THE FUND SHALL BE EXCLUSIVELY APPLIED TO THE SUPPORT OF PUBLIC LIBRARIES AND COUNTY LAW LIBRARIES IN THE SAME MANNER AS IS PROVIDED BY LAW FOR PENAL FINES ASSESSED AND COLLECTED FOR VIOLATION OF A PENAL LAW OF THE STATE. THE DEPARTMENT OF TREASURY SHALL REPORT ANNUALLY TO THE LEGISLATURE ALL REVENUES RECEIVED AND DISBURSED UNDER THIS SECTION.".
2. Amend page 4, line 25, by striking out all of enacting section 1.
The question being on the adoption of the amendments offered by Rep. O'Neil,
Rep. Lockwood moved that consideration of the amendments be postponed temporarily.
The motion prevailed.
Rep. Cassis moved to amend the bill as follows:
1. Amend page 2, line 8, after "AND" by striking out "APPLIED EXCLUSIVELY" and inserting "SHALL BE ALLOCATED AS FOLLOWS:
(A) THIRTY PERCENT TO THE COUNTY, CITY, OR VILLAGE FOR THE MAINTENANCE AND REPAIR OF LOCAL ROADS.
(B) FORTY PERCENT".
2. Amend page 2, following line 11, by inserting:
"(C) THIRTY PERCENT TO THE COUNTY IN WHICH THE POLITICAL SUBDIVISION IS LOCATED.".
The question being on the adoption of the amendments offered by Rep. Cassis,
Rep. Cassis moved that consideration of the amendments be postponed temporarily.
The motion prevailed.
Rep. O'Neil moved to amend the bill as follows:
1. Amend page 2, line 11, after "STATE." by inserting "HOWEVER, A LOCAL AUTHORITY, BY A MAJORITY VOTE OF ITS LEGISLATIVE BODY, MAY ELECT NOT TO BE SUBJECT TO THIS SUBSECTION.".
The question being on the adoption of the amendment offered by Rep. O'Neil,
Rep. Lockwood moved that consideration of the amendment be postponed temporarily.
The motion prevailed.
Reps. Jamnick and Lockwood moved to amend the bill as follows:
1. Amend page 2, line 8, after "AND" by striking out the balance of the subsection and inserting "DISTRIBUTED AS DETERMINED BY THE LIBRARIES, LOCAL LAW ENFORCEMENT AGENCIES, AND LOCAL UNITS OF GOVERNMENT WITHIN EACH COUNTY.".
The question being on the adoption of the amendment offered by Reps. Jamnick and Lockwood,
Rep. Raczkowski moved that consideration of the amendment be postponed temporarily.
The motion prevailed.
Rep. Cassis moved to amend the bill as follows:
1. Amend page 2, line 8, after "AND" by striking out "APPLIED EXCLUSIVELY" and inserting "SHALL BE ALLOCATED AS FOLLOWS:
(A) THIRTY PERCENT TO THE COUNTY, CITY, OR VILLAGE FOR THE MAINTENANCE AND REPAIR OF LOCAL ROADS.
(B) FORTY PERCENT".
2. Amend page 2, following line 11, by inserting:
"(C) THIRTY PERCENT TO THE COURT FUNDING UNIT IN WHICH THE POLITICAL SUBDIVISION IS LOCATED.".
The question being on the adoption of the amendments offered by Rep. Cassis,
Rep. Cassis demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendments offered by Rep. Cassis,
Rep. Cassis moved that consideration of the amendments be postponed temporarily.
The motion prevailed.
Rep. Rick Johnson moved that consideration of the bill be postponed for the day.
The motion prevailed.
House Bill No. 4007, entitled
A bill to amend 1974 PA 369, entitled "An act to regulate the business of conducting a driver training school; to require licenses in relation thereto; to prescribe certain fees; to prescribe the powers and duties of certain persons and state departments; and to prescribe remedies and penalties," by amending sections 5 and 5b (MCL 256.605 and 256.605b), section 5 as amended and section 5b as added by 1998 PA 11.
Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Regulatory Reform,
The substitute (H-2) was adopted, a majority of the members serving voting therefor.
Rep. Jelinek 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. Raczkowski moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
______
Rep. Julian moved that Rep. Tabor be excused temporarily from today's session.
The motion prevailed.
Rep. Quarles moved that Rep. Clarke be excused temporarily from today's session.
The motion prevailed.
By unanimous consent the House returned to the order of
Third Reading of Bills
House Bill No. 4007, entitled
A bill to amend 1974 PA 369, entitled "An act to regulate the business of conducting a driver training school; to require licenses in relation thereto; to prescribe certain fees; to prescribe the powers and duties of certain persons and state departments; and to prescribe remedies and penalties," by amending sections 5 and 5b (MCL 256.605 and 256.605b), section 5 as amended and section 5b as added by 1998 PA 11.
The bill was read a third time.
The question being on the passage of the bill,
Rep. Jelinek moved that consideration of the bill be postponed temporarily.
The motion prevailed.
Second Reading of Bills
House Bill No. 4008, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 208b (MCL 257.208b), as amended by 1998 PA 329.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Regulatory Reform,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Jelinek 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. Middaugh moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
______
Rep. Quarles moved that Rep. Reeves be excused from the balance of today's session.
The motion prevailed.
Rep. Mans moved that Rep. O'Neil be excused from the balance of today's session.
The motion prevailed.
Rep. Julian moved that Rep. Tabor be excused from the balance of today's session.
The motion prevailed.
By unanimous consent the House returned to the order of
Third Reading of Bills
House Bill No. 4008, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 208b (MCL 257.208b), as amended by 1998 PA 329.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 926 Yeas--78
| Allen | Frank | Kukuk | Rivet |
| Basham | Garcia | LaSata | Rocca |
| Birkholz | Geiger | Law | Sanborn |
| Bisbee | Gilbert | Lockwood | Schermesser |
| Bishop | Godchaux | Mans | Scranton |
| Bovin | Gosselin | Mead | Shackleton |
| Bradstreet | Green | Middaugh | Shulman |
| Brown, B. | Hager | Mortimer | Spade |
| Brown, C. | Hale | Neumann | Stallworth |
| Byl | Hart | Pappageorge | Stamas |
| Callahan | Howell | Patterson | Tesanovich |
| Cassis | Jansen | Perricone | Thomas |
| Caul | Jelinek | Pestka | Toy |
| Clarke, H. | Jellema | Price | Van Woerkom |
| DeHart | Johnson, Rick | Prusi | Vander Roest |
| DeRossett | Johnson, Ruth | Pumford | Vaughn |
| DeVuyst | Julian | Raczkowski | Vear |
| DeWeese | Koetje | Richardville | Voorhees |
| Ehardt | Kowall | Richner | Woronchak |
Faunce Kuipers
Nays--27
| Baird | Dennis | Jamnick | Quarles |
| Bogardus | Garza | Kelly | Schauer |
| Brater | Gieleghem | Kilpatrick | Sheltrown |
| Brewer | Hanley | LaForge | Switalski |
| Cherry | Hansen | Lemmons | Wojno |
| Clark, I. | Hardman | Martinez | Woodward |
| Daniels | Jacobs | Minore |
In The Chair: Birkholz
The House agreed to the title of the bill.
Rep. Raczkowski moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Second Reading of Bills
House Bill No. 4456, entitled
A bill to amend 1939 PA 280, entitled "The social welfare act," (MCL 400.1 to 400.119b) by adding section 115p.
Was read a second time, and the question being on the adoption of the proposed substitute (H-3) previously recommended by the Committee on Family and Civil Law,
The substitute (H-3) was adopted, a majority of the members serving voting therefor.
Rep. Sanborn 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. Raczkowski moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the House returned to the order of
Third Reading of Bills
House Bill No. 4456, entitled
A bill to amend 1939 PA 280, entitled "The social welfare act," (MCL 400.1 to 400.119b) by adding section 115p.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 927 Yeas--103
| Allen | Ehardt | Kelly | Richner |
| Baird | Faunce | Kilpatrick | Rivet |
| Basham | Frank | Kowall | Rocca |
| Birkholz | Garcia | Kuipers | Sanborn |
| Bisbee | Garza | Kukuk | Schauer |
| Bishop | Geiger | LaForge | Schermesser |
| Bogardus | Gieleghem | LaSata | Scranton |
| Bovin | Gilbert | Law | Shackleton |
| Bradstreet | Godchaux | Lemmons | Sheltrown |
| Brater | Gosselin | Lockwood | Shulman |
| Brewer | Green | Mans | Spade |
| Brown, B. | Hager | Martinez | Stallworth |
| Brown, C. | Hale | Mead | Stamas |
| Byl | Hanley | Middaugh | Switalski |
| Callahan | Hansen | Minore | Tesanovich |
| Cassis | Hardman | Mortimer | Thomas |
| Caul | Hart | Neumann | Toy |
| Cherry | Howell | Patterson | Van Woerkom |
| Clark, I. | Jacobs | Perricone | Vander Roest |
| Clarke, H. | Jamnick | Pestka | Vaughn |
| Daniels | Jansen | Price | Vear |
| DeHart | Jelinek | Prusi | Voorhees |
| Dennis | Jellema | Pumford | Wojno |
| DeRossett | Johnson, Rick | Quarles | Woodward |
| DeVuyst | Johnson, Ruth | Raczkowski | Woronchak |
| DeWeese | Julian | Richardville |
Nays--1
Koetje
In The Chair: Birkholz
The House agreed to the title of the bill.
Rep. Raczkowski moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
By unanimous consent the House returned to the order of
Motions and Resolutions
Reps. Neumann, Thomas, Brewer, Daniels, Hansen, Basham, Stallworth, DeHart, Hale, Prusi, Martinez, Schauer, LaForge, Kelly, Price, Tesanovich, Baird, Spade, Woodward, Dennis, Wojno, Gieleghem, Pestka, Bovin, Sheltrown, Gilbert, Woronchak, Ehardt, Rivet, Schermesser, Allen, Lemmons, Vaughn, Hanley, Callahan, Jacobs, Green, Caul, Switalski, Bogardus, Mans, Shackleton, Julian, Richardville and Hager offered the following concurrent resolution:
House Concurrent Resolution No. 64.
A concurrent resolution to memorialize the Congress of the United States to ban the shipment of radioactive material over any bridges on the Great Lakes.
Whereas, There is currently pending a plan to ship radioactive material to a nuclear reactor in Canada via a route that would take the material through the heart of the Great Lakes Basin and across the Mackinac Bridge. News of this proposal has generated alarm over the impact an accident could have on the most important source of accessible fresh water in the world; and
Whereas, The current planned route across the Straits of Mackinac and across the International Bridge at Sault Ste. Marie is not the first suggestion of a crossing of the Great Lakes for a shipment of radioactive materials. In 1998, a similar shipment was to traverse the bridge at Port Huron and Sarnia. This plan was dropped. The efforts to ship this material to Canada is part of a long-term plan to use this material in a reactor in Chalk River in Ontario. The possibility of many more shipments in the future is most disturbing to many individuals and organizations on both sides of the border; and
Whereas, While there is no perfect route for the transportation of any dangerous materials, any plan selected must minimize the risks. Shipping potentially harmful material over bridges that span the water supply for millions of Americans and Canadians in the center of North America is not an action that minimizes risks. Steps must be taken to develop a lasting protection for a vital resource needed for future generations; now, therefore, be it
Resolved by the House of Representatives (the Senate concurring), That we memorialize the Congress of the United States to ban the shipment of radioactive material over any bridges on the Great Lakes; 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 concurrent resolution was referred to the Committee on Energy and Technology.
Reports of Standing Committees
The Committee on Transportation, by Rep. Gilbert, Vice-Chair, reported
House Bill No. 4392, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," (MCL 257.1 to 257.923) by adding section 682b.
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.
Favorable Roll Call
HB 4392 To Report Out:
Yeas: Reps. Rick Johnson, Gilbert, Garcia, Middaugh, Shackleton, Tabor, Kilpatrick, Jamnick, Lemmons, Schermesser,
Nays: Reps. Ruth Johnson, Patterson, Bovin, Reeves.
The Committee on Transportation, by Rep. Gilbert, Vice-Chair, reported
House Bill No. 4846, entitled
A bill to amend 1963 PA 181, entitled "Motor carrier safety act of 1963," by amending section 1a (MCL 480.11a), as amended by 1995 PA 265.
With the recommendation that the substitute (H-4) be adopted and that the bill then pass.
The bill and substitute were referred to the order of Second Reading of Bills.
Favorable Roll Call
HB 4846 To Report Out:
Yeas: Reps. Rick Johnson, Gilbert, Garcia, Ruth Johnson, Middaugh, Shackleton, Kilpatrick, Bovin, Jamnick, Lemmons, Reeves, Schermesser,
Nays: None.
The Committee on Transportation, by Rep. Gilbert, Vice-Chair, reported
House Bill No. 4865, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 705 (MCL 257.705), as amended by 1995 PA 91.
With the recommendation that the substitute (H-1) be adopted and that the bill then pass.
The bill and substitute were referred to the order of Second Reading of Bills.
Favorable Roll Call
HB 4865 To Report Out:
Yeas: Reps. Rick Johnson, Gilbert, Garcia, Ruth Johnson, Middaugh, Shackleton, Kilpatrick, Bovin, Jamnick,
Nays: None.
The Committee on Transportation, by Rep. Gilbert, Vice-Chair, reported
Senate Bill No. 157, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 803j, 803k, 803l, 803n, and 803o (MCL 257.803j, 257.803k, 257.803l, 257.803n, and 257.803o), as amended by 1998 PA 68.
With the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
SB 157 To Report Out:
Yeas: Reps. Rick Johnson, Gilbert, Garcia, Ruth Johnson, Middaugh, Patterson, Shackleton, Kilpatrick, Bovin, Jamnick, Lemmons, Schermesser,
Nays: None.
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Gilbert, Vice-Chair, of the Committee on Transportation, was received and read:
Meeting held on: Tuesday, October 26, 1999, at 4:31 p.m.,
Present: Reps. Rick Johnson, Gilbert, DeVuyst, Garcia, Ruth Johnson, Middaugh, Patterson, Shackleton, Tabor, Kilpatrick, Bovin, Brewer, Jamnick, Lemmons, Reeves, Schermesser,
Absent: Rep. Hart,
Excused: Rep. Hart.
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Sanborn, Chair of the Committee on Insurance and Financial Services, was received and read:
Meeting held on: Wednesday, October 27, 1999, at 8:30 a.m.,
Present: Reps. Sanborn, Bisbee, Bishop, DeVuyst, Ehardt, Hager, Rick Johnson, Julian, Law, Richner, Shackleton, Van Woerkom, Wojno, Basham, Bob Brown, Clark, Hale, O'Neil,
Absent: Reps. Daniels, Scott, Thomas,
Excused: Reps. Daniels, Scott, Thomas.
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Middaugh, Chair of the Committee on Energy and Technology, was received and read:
Meeting held on: Wednesday, October 27, 1999, at 10:30 a.m.,
Present: Reps. Middaugh, Bradstreet, Birkholz, Bisbee, Cassis, Garcia, Gosselin, Howell, Kowall, Kuipers, Richardville, Shulman, Thomas, Bob Brown, Daniels, Hansen, Lemmons, Neumann, Quarles, Schauer, Woodward.
Announcement by the Clerk of Printing and Enrollment
The Clerk announced that the following bills had been printed and placed upon the files of the members, Thursday, October 21:
Senate Bill Nos. 816 817 818 819 820 821 822 823 824 825 826 827 828 829 830 831 832 833 834 835
The Clerk announced that the following bills had been printed and placed upon the files of the members, Monday, October 25:
Senate Bill Nos. 836 837 838 839 840 841 842 843 844 845 846 847
The Clerk announced that the following Senate bills had been received on Wednesday, October 27:
Senate Bill Nos. 589 590 591 593 594 595 796 807 815
By unanimous consent the House returned to the order of
Messages from the Senate
House Bill No. 4796, entitled
A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending section 30 (MCL 206.30), as amended by 1997 PA 86.
The Senate has amended the bill as follows:
1. Amend page 9, line 4, after "ACTION" by inserting "IF THE INCOME AND INTEREST ARE NOT COMMINGLED IN ANY WAY WITH AND ARE KEPT SEPARATE FROM ALL OTHER FUNDS AND ASSETS OF THE TAXPAYER".
2. Amend page 9, line 15, after "AFTER" by striking out "1994" and inserting "1993".
The Senate has passed the bill as amended, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The Speaker announced that pursuant to Rule 45, the bill was laid over one day.
Senate Bill No. 589, entitled
A bill to amend 1980 PA 350, entitled "The nonprofit health care corporation reform act," by amending section 401 (MCL 550.1401), as amended by 1998 PA 135.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Health Policy.
Senate Bill No. 590, entitled
A bill to amend 1956 PA 218, entitled "The insurance code of 1956," (MCL 500.100 to 500.8302) by adding section 3407b.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Health Policy.
Senate Bill No. 591, entitled
A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding section 21072a.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Health Policy.
Senate Bill No. 593, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 16221 and 16226 (MCL 333.16221 and 333.16226), section 16221 as amended by 1998 PA 227 and section 16226 as amended by 1998 PA 109, and by adding sections 17020 and 17520.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Health Policy.
Senate Bill No. 594, entitled
A bill to amend 1990 PA 250, entitled "DNA identification profiling system act," by amending section 6 (MCL 28.176), as amended by 1996 PA 508.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Health Policy.
Senate Bill No. 595, entitled
A bill to amend 1956 PA 205, entitled "The paternity act," by amending sections 1, 6, and 6a (MCL 722.711, 722.716, and 722.716a), sections 1 and 6 as amended and section 6a as added by 1998 PA 113.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Health Policy.
Senate Bill No. 796, entitled
A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending section 261 (MCL 206.261), as amended by 1996 PA 484.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Senate Bill No. 807, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending section 5431 (MCL 333.5431), as amended by 1998 PA 88.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Health Policy.
Senate Bill No. 815, entitled
A bill to amend 1976 PA 220, entitled "Persons with disabilities civil rights act," by amending sections 201 and 202 (MCL 37.1201 and 37.1202), section 201 as amended by 1990 PA 121 and section 202 as amended by 1998 PA 20.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Health Policy.
Introduction of Bills
Reps. Birkholz, DeHart, Jellema, Toy, Shackleton, Middaugh, Tabor, Pappageorge, Voorhees, Van Woerkom, Vander Roest and Garcia introduced
House Bill No. 5062, entitled
A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 78m (MCL 211.78m), as added by 1999 PA 123.
The bill was read a first time by its title and referred to the Committee on Local Government and Urban Policy.
Reps. Julian, Caul, Kukuk, Gilbert, Stamas, Toy, Woronchak, LaSata, Neumann, Cherry, Switalski, Spade, Dennis, O'Neil, Woodward, Callahan, Schauer, Thomas, Garza, Clark, Vaughn, Hardman, Pestka, Rivet, Prusi, Tesanovich, Bob Brown, Daniels, Stallworth, Quarles, Brewer, Kelly, LaForge, DeHart, Schermesser, Tabor, DeWeese, Garcia, Allen, Raczkowski and Lemmons introduced
House Bill No. 5063, entitled
A bill to amend 1964 PA 170, entitled "An act to make uniform the liability of municipal corporations, political subdivisions, and the state, its agencies and departments, officers, employees, and volunteers thereof, and members of certain boards, councils, and task forces when engaged in the exercise or discharge of a governmental function, for injuries to property and persons; to define and limit this liability; to define and limit the liability of the state when engaged in a proprietary function; to authorize the purchase of liability insurance to protect against loss arising out of this liability; to provide for defending certain claims made against public officers and paying damages sought or awarded against them; to provide for the legal defense of public officers and employees; to provide for reimbursement of public officers and employees for certain legal expenses; and to repeal certain acts and parts of acts," by amending section 7 (MCL 691.1407), as amended by 1996 PA 143.
The bill was read a first time by its title and referred to the Committee on Family and Civil Law.
Rep. Bishop introduced
House Bill No. 5064, entitled
A bill to amend 1954 PA 116, entitled "Michigan election law," by amending sections 31, 476, 552, 961a, and 963 (MCL 168.31, 168.476, 168.552, 168.961a, and 168.963), section 31 as amended by 1998 PA 215, section 552 as amended by 1990 PA 7, and sections 961a and 963 as amended by 1982 PA 456.
The bill was read a first time by its title and referred to the Committee on Constitutional Law and Ethics.
Reps. Richner, Shackleton and Law introduced
House Bill No. 5065, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 660 (MCL 257.660), as amended by 1994 PA 348, and by adding section 25b.
The bill was read a first time by its title and referred to the Committee on Transportation.
Reps. Richner and Tabor introduced
House Bill No. 5066, entitled
A bill to establish conditions to the transfer of structured settlement rights; to establish a procedure for approval of the transfer of structured settlement rights; and to create circuit court jurisdiction for proceedings for approval of structured settlement rights.
The bill was read a first time by its title and referred to the Committee on Family and Civil Law.
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Rep. Jansen moved that the House adjourn.
The motion prevailed, the time being 6:10 p.m.
The Speaker Pro Tempore declared the House adjourned until Thursday, October 28, at 12:00 Noon.
GARY L. RANDALL
Clerk of the House of Representatives.