No. 67
STATE OF MICHIGAN
JOURNAL
OF THE
House of Representatives
90th Legislature
REGULAR SESSION OF 2000
House Chamber, Lansing, Thursday, November 30, 2000.
12:00 Noon.
The House was called to order by Associate Speaker Pro Tempore Patterson.
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--excused
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--excused
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
LaForge--present
LaSata--present
Law--present
Lemmons--present
Lockwood--present
Mans--excused
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--excused
Richardville--present
Richner--present
Rison--present
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
Rep. Ed LaForge, from the 60th District, offered the following invocation:
"A compilation of children's letters to God:
Dear God, In school they told us what You do. Who does it when You are on vacation?
Dear God, I read the Bible. What does 'begat' mean? Nobody will tell me.
Dear God, Are You really invisible or is that just a trick?
Dear God, Is it true my father won't get in Heaven if he uses his bowling words in the house?
Dear God, Did You mean for the giraffe to look like that or was it an accident?
Dear God, Instead of letting people die and having to make new ones, why don't You just keep the ones You have now?
Dear God, I went to this wedding and they kissed right in church. Is that okay?
Dear God, What does it mean You are a Jealous God? I thought You had everything.
Dear God, Did You really mean "do unto others as they do unto you"? Because if You did, then I'm going to fix my brother.
Dear God, Thank You for the baby brother, but what I prayed for was a puppy.
Dear God, Please send me a pony. I never asked for anything before. You can look it up.
Dear God, If we come back as something--please don't let me be Jennifer Horton because I hate her.
Dear God, Maybe Cain and Abel would not kill each other so much if they had their own rooms. It works with my brother.
Dear God, I bet it is very hard for You to love all of everybody in the whole world. There are only 4 people in our family and I can never do it.
Dear God, My brother told me about being born but it doesn't sound right. They're just kidding, aren't they?
Dear God, We read Thomas Edison made light. But in Sunday school they said You did it. So I bet he stoled Your idea.
And finally...
Dear God, I didn't think orange went with purple until I saw the sunset You made on Tuesday. That was cool.
Thank You Dear Lord, for all of the children."
______
Rep. DeHart moved that Rep. Mans and be excused from today's session.
The motion prevailed.
Rep. DeWeese moved that Rep. Faunce be excused from today's session.
The motion prevailed.
Rep. Julian moved that Rep. Tabor be excused temporarily from today's session.
The motion prevailed.
Rep. DeHart moved that Reps. Schermesser, Thomas and Kilpatrick be excused temporarily from today's session.
The motion prevailed.
Rep. Vander Roest moved that Rep. Raczkowski be excused temporarily from today's session.
The motion prevailed.
Messages from the Senate
The Speaker laid before the House
Senate Bill No. 1243, entitled
A bill to amend 1949 PA 300, entitled "An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds and grant programs; to provide for the appropriation of money for certain grant programs; to provide penalties and sanctions for a violation of this act; to provide for civil liability of owners and operators of vehicles and service of process on residents and nonresidents; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date." by amending sections 217, 222, and 251 (MCL 257.217, 257.222, and 257.251), section 217 as amended by 1998 PA 247, section 222 as amended by 1999 PA 267, and section 251 as amended by 1998 PA 455.
(The bill was received from the Senate on October 4, with amendments to the House amendments, consideration of which, under the rules, was postponed until November 9, see House Journal No. 62, p. 2286.)
The question being on concurring in the amendments to the House amendments made to the bill by the Senate,
The amendments were concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 982 Yeas--96
Allen DeWeese Kelly Richner
Baird Ehardt Koetje Rison
Basham Frank Kowall Rivet
Birkholz Garcia Kuipers Rocca
Bisbee Garza LaForge Sanborn
Bishop Gieleghem LaSata Schauer
Bogardus Gilbert Law Scranton
Bovin Godchaux Lemmons Shackleton
Bradstreet Gosselin Lockwood Sheltrown
Brater Green Martinez Shulman
Brewer Hager Mead Spade
Brown, B. Hale Middaugh Stallworth
Brown, C. Hanley Minore Stamas
Byl Hansen Mortimer Switalski
Callahan Hart Neumann Tesanovich
Cassis Howell Pappageorge Toy
Caul Jacobs Patterson Van Woerkom
Cherry Jamnick Perricone Vander Roest
Clark, I. Jansen Pestka Vaughn
Clarke, H. Jelinek Price Vear
DeHart Jellema Prusi Voorhees
Dennis Johnson, Rick Pumford Wojno
DeRossett Johnson, Ruth Quarles Woodward
DeVuyst Julian Richardville Woronchak
Nays--0
In The Chair: Patterson
Third Reading of Bills
House Bill No. 6017, entitled
A bill to commission and confer certain police and arrest powers on certain sergeants at arms and assistant sergeants at arms in the legislative branch; and to prescribe certain duties and responsibilities of certain state employees.
(The bill was read a third time, motion made to re-refer the bill to the Committee on House Oversight and Operations defeated and bill postponed for the day on November 29, see House Journal No. 66, p. 2395.)
The question being on the passage of the bill,
Reps. Julian, Rivet, Bradstreet and DeHart moved to amend the bill as follows:
1. Amend page 3, following line 4, by inserting:
"Sec. 2. (1) The house of representatives bipartisan sergeant at arms oversight committee is established. The house of representatives bipartisan sergeant at arms oversight committee shall consist of 6 members of the house of representatives and membership shall be equally divided between the majority and minority parties. The house of representatives bipartisan sergeant at arms oversight committee shall consist of all of the following members of the house of representatives:
(a) The speaker, who shall serve as chair.
(b) The majority floor leader.
(c) The minority leader.
(d) The minority floor leader.
(e) One member appointed by the majority caucus leader.
(f) One member appointed by the minority caucus leader.
(2) The house of representatives bipartisan sergeant at arms oversight committee shall recommend to the speaker of the house of representatives policy considerations that affect the powers of the sergeant at arms provided in this act.".
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:
Roll Call No. 983 Yeas--64
Allen DeWeese Kowall Rocca
Birkholz Ehardt Kuipers Sanborn
Bisbee Garcia LaSata Scranton
Bishop Gilbert Law Shackleton
Bovin Gosselin Lemmons Shulman
Bradstreet Green Mead Spade
Brewer Hager Middaugh Stamas
Brown, B. Hart Mortimer Switalski
Brown, C. Howell Pappageorge Toy
Byl Jansen Patterson Van Woerkom
Cassis Jelinek Perricone Vander Roest
Caul Jellema Pumford Vaughn
Clarke, H. Johnson, Rick Raczkowski Vear
DeHart Johnson, Ruth Richardville Voorhees
DeRossett Julian Richner Wojno
DeVuyst Koetje Rivet Woronchak
Nays--34
Baird Frank Kelly Quarles
Basham Garza Kilpatrick Rison
Bogardus Gieleghem LaForge Schauer
Brater Godchaux Lockwood Schermesser
Callahan Hale Martinez Sheltrown
Cherry Hanley Minore Stallworth
Clark, I. Hansen Price Thomas
Daniels Jacobs Prusi Woodward
Dennis Jamnick
In The Chair: Patterson
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. Bisbee, DeRossett, Gilbert, Howell, Julian, Kuipers, LaSata, Mortimer, Pappageorge, Richardville, Shackleton, Toy and Voorhees were named co-sponsors of the bill.
House Bill No. 6016, entitled
A bill to amend 1965 PA 203, entitled "Commission on law enforcement standards act," by amending sections 2 and 9a (MCL 28.602 and 28.609a), section 2 as amended and section 9a as added by 1998 PA 237.
(The bill was read a third time and postponed temporarily on November 29, see House Journal No. 66, p. 2395.)
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. 984 Yeas--66
Allen Ehardt Kuipers Rocca
Birkholz Garcia LaSata Sanborn
Bisbee Geiger Law Scranton
Bishop Gilbert Mead Shackleton
Bovin Green Middaugh Shulman
Bradstreet Hager Mortimer Spade
Brewer Hansen Neumann Stamas
Brown, B. Hart Pappageorge Switalski
Brown, C. Howell Patterson Toy
Byl Jansen Perricone Van Woerkom
Cassis Jelinek Pestka Vander Roest
Caul Jellema Pumford Vaughn
Clarke, H. Johnson, Rick Raczkowski Vear
DeHart Johnson, Ruth Richardville Voorhees
DeRossett Julian Richner Wojno
DeVuyst Koetje Rivet Woronchak
DeWeese Kowall
Nays--34
Baird Frank LaForge Rison
Basham Garza Lemmons Schauer
Bogardus Gieleghem Lockwood Schermesser
Brater Hale Martinez Sheltrown
Callahan Hanley O'Neil Stallworth
Cherry Jacobs Price Tesanovich
Clark, I. Jamnick Prusi Thomas
Daniels Kelly Quarles Woodward
Dennis Kilpatrick
In The Chair: Patterson
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 1965 PA 203, entitled "Commission on law enforcement standards act," by amending section 2 (MCL 28.602), as amended by 1998 PA 237.
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.
Reps. Bradstreet, DeRossett, Jansen, Koetje, Pappageorge, Richardville, Toy, Vear and Voorhees were named
co-sponsors of the bill.
Second Reading of Bills
House Bill No. 4373, entitled
A bill to amend 1893 PA 206, entitled "The general property tax act," by amending sections 2, 8, 14, and 34c (MCL 211.2, 211.8, 211.14, and 211.34c), section 2 as amended by 1993 PA 313, section 8 as amended by 1983 PA 254, and section 34c as amended by 1996 PA 476.
Was read a second time, and the question being on the adoption of the proposed amendment previously recommended by the Committee on Tax Policy (for amendment, see House Journal No. 45 of 1999, p. 934),
The amendment was adopted, a majority of the members serving voting therefor.
Rep. Cassis moved to substitute (H-4) the bill.
The motion prevailed and the substitute (H-4) was adopted, a majority of the members serving voting therefor.
Rep. Cassis moved to amend the bill as follows:
1. Amend page 2, line 3, after "DECEMBER 31," by striking out "2000" and inserting "2001".
2. Amend page 4, line 4, after "JANUARY 1," by striking out "2001" and inserting "2002".
3. Amend page 4, line 8, after "DECEMBER 31," by striking out "2000" and inserting "2001".
4. Amend page 4, line 15, after "DECEMBER 31," by striking out "2000" and inserting "2001".
5. Amend page 6, line 11, after "JANUARY 1," by striking out "2001" and inserting "2002".
6. Amend page 6, line 23, after "DECEMBER 31," by striking out "2000" and inserting "2001".
7. Amend page 7, line 5, after "DECEMBER 31," by striking out "2000" and inserting "2001".
8. Amend page 13, line 23, by striking out "2001" and inserting "2002".
9. Amend page 14, line 13, after "DECEMBER 31," by striking out "2000" and inserting "2001".
10. Amend page 14, line 24, after "DECEMBER 31," by striking out "2000" and inserting "2001".
11. Amend page 21, line 26, after "JANUARY 1," by striking out "2001" and inserting "2002".
12. Amend page 22, line 6, after "DECEMBER 31," by striking out "2000" and inserting "2001".
13. Amend page 22, line 10, after "DECEMBER 31," by striking out "2000" and inserting "2001".
The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.
Rep. Cassis 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. 4373, entitled
A bill to amend 1893 PA 206, entitled "The general property tax act," by amending sections 2, 8, 14, and 34c (MCL 211.2, 211.8, 211.14, and 211.34c), section 2 as amended by 1993 PA 313, section 8 as amended by 1983 PA 254, and section 34c as amended by 1996 PA 476.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 985 Yeas--89
Allen Frank Koetje Rison
Baird Garcia Kowall Rivet
Basham Garza LaSata Rocca
Birkholz Geiger Law Sanborn
Bisbee Gieleghem Lemmons Schauer
Bishop Gilbert Lockwood Scranton
Bogardus Gosselin Mead Shackleton
Bovin Green Middaugh Shulman
Brown, B. Hager Minore Spade
Brown, C. Hale Mortimer Stallworth
Byl Hanley Neumann Stamas
Callahan Hansen O'Neil Switalski
Cassis Howell Pappageorge Tabor
Caul Jacobs Patterson Thomas
Cherry Jamnick Perricone Toy
Clark, I. Jansen Pestka Van Woerkom
Clarke, H. Jelinek Price Vaughn
Daniels Jellema Pumford Vear
Dennis Johnson, Rick Quarles Voorhees
DeRossett Johnson, Ruth Raczkowski Wojno
DeVuyst Julian Richardville Woodward
DeWeese Kilpatrick Richner Woronchak
Ehardt
Nays--14
Bradstreet Godchaux LaForge Schermesser
Brater Hart Martinez Sheltrown
Brewer Kelly Prusi Vander Roest
DeHart Kuipers
In The Chair: Patterson
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 1893 PA 206, entitled "The general property tax act," by amending sections 2, 8, 9f, 14, and 34c (MCL 211.2, 211.8, 211.9f, 211.14, and 211.34c), section 2 as amended by 1993 PA 313, section 8 as amended by 1983 PA 254, section 9f as amended by 1999 PA 20, and section 34c as amended by 1996 PA 476.
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.
Second Reading of Bills
House Bill No. 5333, entitled
A bill to amend 1986 PA 157, entitled "Michigan export development act," by amending section 2 (MCL 447.152), as amended by 1990 PA 304.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Insurance and Financial Services,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Ehardt 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. Vander Roest moved that Rep. Perricone be excused temporarily from today's session.
The motion prevailed.
By unanimous consent the House returned to the order of
Third Reading of Bills
House Bill No. 5333, entitled
A bill to amend 1986 PA 157, entitled "Michigan export development act," by amending section 2 (MCL 447.152), as amended by 1990 PA 304.
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--99
Allen Ehardt Koetje Rocca
Baird Frank Kowall Sanborn
Basham Garcia Kuipers Schauer
Birkholz Garza LaForge Schermesser
Bisbee Geiger LaSata Scranton
Bishop Gieleghem Law Shackleton
Bogardus Gilbert Lemmons Sheltrown
Bovin Godchaux Lockwood Shulman
Bradstreet Gosselin Martinez Spade
Brater Green Mead Stallworth
Brown, B. Hager Middaugh Stamas
Brown, C. Hanley Minore Switalski
Byl Hansen Mortimer Tabor
Callahan Hart Neumann Tesanovich
Cassis Howell O'Neil Thomas
Caul Jacobs Pappageorge Toy
Cherry Jamnick Patterson Van Woerkom
Clark, I. Jansen Pestka Vander Roest
Clarke, H. Jelinek Price Vaughn
Daniels Jellema Prusi Vear
DeHart Johnson, Rick Pumford Voorhees
Dennis Johnson, Ruth Raczkowski Wojno
DeRossett Julian Richardville Woodward
DeVuyst Kelly Richner Woronchak
DeWeese Kilpatrick Rivet
Nays--1
Brewer
In The Chair: Patterson
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. 5334, entitled
A bill to amend 1960 PA 136, entitled "Sale of checks act," by amending section 4 (MCL 487.904), as amended by 1990 PA 81.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Insurance and Financial Services,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Patterson 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. 5334, entitled
A bill to amend 1960 PA 136, entitled "Sale of checks act," by amending section 4 (MCL 487.904), as amended by 1990 PA 81.
Was read a third time and passed, 2/3 of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 987 Yeas--101
Allen Frank Koetje Rison
Baird Garcia Kowall Rivet
Basham Garza Kuipers Rocca
Birkholz Geiger LaForge Sanborn
Bisbee Gieleghem LaSata Schauer
Bishop Gilbert Law Schermesser
Bogardus Godchaux Lemmons Shackleton
Bovin Gosselin Lockwood Sheltrown
Bradstreet Green Martinez Shulman
Brater Hager Mead Spade
Brown, B. Hale Middaugh Stallworth
Brown, C. Hanley Minore Stamas
Byl Hansen Mortimer Switalski
Callahan Hart Neumann Tabor
Cassis Howell O'Neil Tesanovich
Caul Jacobs Pappageorge Thomas
Cherry Jamnick Patterson Toy
Clark, I. Jansen Pestka Van Woerkom
Clarke, H. Jelinek Price Vander Roest
Daniels Jellema Prusi Vaughn
DeHart Johnson, Rick Pumford Vear
Dennis Johnson, Ruth Quarles Voorhees
DeRossett Julian Raczkowski Wojno
DeVuyst Kelly Richardville Woodward
DeWeese Kilpatrick Richner Woronchak
Ehardt
Nays--1
Brewer
In The Chair: Patterson
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. 5336, entitled
A bill to amend 1998 PA 386, entitled "Estates and protected individuals code," by amending section 1214 (MCL 700.1214).
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Insurance and Financial Services,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Wojno 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. Byl 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. 5336, entitled
A bill to amend 1998 PA 386, entitled "Estates and protected individuals code," by amending section 1214 (MCL 700.1214).
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 988 Yeas--101
Allen Ehardt Koetje Rivet
Baird Frank Kowall Rocca
Basham Garcia Kuipers Sanborn
Birkholz Garza LaSata Schauer
Bisbee Geiger Law Schermesser
Bishop Gieleghem Lemmons Scranton
Bogardus Gilbert Lockwood Shackleton
Bovin Godchaux Martinez Sheltrown
Bradstreet Gosselin Mead Shulman
Brater Green Middaugh Spade
Brewer Hager Minore Stallworth
Brown, B. Hale Mortimer Stamas
Brown, C. Hanley Neumann Switalski
Byl Hansen O'Neil Tabor
Callahan Hart Pappageorge Tesanovich
Cassis Howell Patterson Thomas
Caul Jacobs Pestka Toy
Cherry Jamnick Price Van Woerkom
Clark, I. Jansen Prusi Vander Roest
Clarke, H. Jelinek Pumford Vaughn
Daniels Jellema Quarles Vear
DeHart Johnson, Rick Raczkowski Voorhees
Dennis Johnson, Ruth Richardville Wojno
DeRossett Julian Richner Woodward
DeVuyst Kilpatrick Rison Woronchak
DeWeese
Nays--0
In The Chair: Patterson
The House agreed to the title of the bill.
Rep. Byl 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. 5343, entitled
A bill to amend 1986 PA 89, entitled "Michigan BIDCO act," by amending section 717 (MCL 487.1717).
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Insurance and Financial Services,
The substitute (H-1) 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. Byl 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. 5343, entitled
A bill to amend 1986 PA 89, entitled "Michigan BIDCO act," by amending section 717 (MCL 487.1717).
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--100
Allen DeWeese Kelly Rivet
Baird Ehardt Kilpatrick Rocca
Basham Frank Koetje Sanborn
Birkholz Garcia Kowall Schauer
Bisbee Garza Kuipers Schermesser
Bishop Geiger LaForge Scranton
Bogardus Gieleghem LaSata Shackleton
Bovin Gilbert Law Sheltrown
Bradstreet Godchaux Lemmons Shulman
Brater Gosselin Lockwood Spade
Brewer Green Martinez Stallworth
Brown, B. Hager Mead Stamas
Brown, C. Hale Middaugh Switalski
Byl Hanley Minore Tabor
Callahan Hansen Mortimer Tesanovich
Cassis Hart Neumann Thomas
Caul Howell O'Neil Toy
Cherry Jacobs Pappageorge Van Woerkom
Clark, I. Jamnick Patterson Vander Roest
Clarke, H. Jansen Pestka Vaughn
Daniels Jelinek Price Vear
DeHart Jellema Prusi Voorhees
Dennis Johnson, Rick Pumford Wojno
DeRossett Johnson, Ruth Richardville Woodward
DeVuyst Julian Richner Woronchak
Nays--0
In The Chair: Patterson
The House agreed to the title of the bill.
Rep. Byl 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. 5332, entitled
A bill to amend 1976 PA 331, entitled "Michigan consumer protection act," by amending section 4 (MCL 445.904), as amended by 1993 PA 10.
Was read a second time, and the question being on the adoption of the proposed substitute (H-7) previously recommended by the Committee on Insurance and Financial Services,
The substitute (H-7) was adopted, a majority of the members serving voting therefor.
Rep. Bisbee 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. Byl 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. 5332, entitled
A bill to amend 1976 PA 331, entitled "Michigan consumer protection act," by amending section 4 (MCL 445.904), as amended by 1993 PA 10.
The bill was read a third time.
The question being on the passage of the bill,
Rep. Wojno moved that consideration of the bill be postponed temporarily.
The motion prevailed.
Second Reading of Bills
Senate Bill No. 746, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 20101b (MCL 324.20101b), as added by 1995 PA 71.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Insurance and Financial Services,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Byl 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. Byl moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
______
Rep. Vander Roest moved that Rep. DeWeese 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. 746, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 20101b (MCL 324.20101b), as added by 1995 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. 990 Yeas--100
Allen Frank Kowall Rivet
Baird Garcia Kuipers Rocca
Basham Garza LaForge Sanborn
Birkholz Geiger LaSata Schauer
Bisbee Gieleghem Law Schermesser
Bishop Gilbert Lemmons Scranton
Bogardus Godchaux Lockwood Shackleton
Bovin Gosselin Martinez Sheltrown
Bradstreet Green Mead Shulman
Brater Hager Middaugh Spade
Brown, B. Hale Minore Stallworth
Brown, C. Hanley Mortimer Stamas
Byl Hansen Neumann Switalski
Callahan Hart O'Neil Tabor
Cassis Howell Pappageorge Tesanovich
Caul Jacobs Patterson Thomas
Cherry Jamnick Pestka Toy
Clark, I. Jansen Price Van Woerkom
Clarke, H. Jelinek Prusi Vander Roest
Daniels Jellema Pumford Vaughn
DeHart Johnson, Rick Quarles Vear
Dennis Johnson, Ruth Raczkowski Voorhees
DeRossett Julian Richardville Wojno
DeVuyst Kilpatrick Richner Woodward
Ehardt Koetje Rison Woronchak
Nays--0
In The Chair: Patterson
Pursuant to Joint Rule 20, the full title of the act shall be inserted to 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.
Rep. Byl moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
______
Rep. Quarles moved that Rep. Stallworth be excused temporarily from today's session.
The motion prevailed.
The House returned to the consideration of
House Bill No. 5332, entitled
A bill to amend 1976 PA 331, entitled "Michigan consumer protection act," by amending section 4 (MCL 445.904), as amended by 1993 PA 10.
(The bill was considered earlier today, see today's journal, p. 2426.)
The question being on the passage of the bill,
The bill was then not passed, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 991 Yeas--54
Allen Geiger Kowall Richner
Birkholz Gilbert Kuipers Rocca
Bisbee Gosselin LaSata Sanborn
Bishop Green Law Shackleton
Bradstreet Hager Mead Shulman
Brown, C. Hart Middaugh Stamas
Byl Howell Mortimer Tabor
Cassis Jansen O'Neil Toy
Caul Jelinek Pappageorge Van Woerkom
DeRossett Jellema Patterson Vander Roest
DeVuyst Johnson, Rick Perricone Vear
DeWeese Johnson, Ruth Pumford Voorhees
Ehardt Julian Raczkowski Woronchak
Garcia Koetje
Nays--46
Basham Dennis Lockwood Schauer
Bogardus Frank Martinez Schermesser
Bovin Garza Minore Sheltrown
Brater Gieleghem Neumann Spade
Brewer Hale Pestka Stallworth
Brown, B. Hanley Price Switalski
Callahan Hansen Prusi Tesanovich
Cherry Jacobs Quarles Thomas
Clark, I. Jamnick Richardville Vaughn
Clarke, H. Kelly Rison Wojno
Daniels LaForge Rivet Woodward
DeHart Lemmons
In The Chair: Patterson
Rep. Raczkowski moved to reconsider the vote by which the House did not pass the bill.
The question being on the motion made by Rep. Raczkowski,
Rep. Raczkowski moved that consideration of the motion be postponed temporarily.
The motion prevailed.
Second Reading of Bills
Senate Bill No. 752, entitled
A bill to amend 1980 PA 307, entitled "Savings and loan act of 1980," by amending sections 107, 700, and 800 (MCL 491.107, 491.700, and 491.800), section 107 as added and sections 700 and 800 as amended by 1987 PA 106.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Insurance and Financial Services,
The substitute (H-1) 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. 752, entitled
A bill to amend 1980 PA 307, entitled "Savings and loan act of 1980," by amending sections 107, 700, and 800 (MCL 491.107, 491.700, and 491.800), section 107 as added and sections 700 and 800 as amended by 1987 PA 106.
Was read a third time and passed, 2/3 of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 992 Yeas--101
Allen Garcia Kuipers Rivet
Baird Garza LaForge Rocca
Basham Gieleghem LaSata Sanborn
Birkholz Gilbert Law Schauer
Bisbee Godchaux Lemmons Schermesser
Bishop Gosselin Lockwood Scranton
Bogardus Green Martinez Shackleton
Bovin Hager Mead Sheltrown
Bradstreet Hale Middaugh Shulman
Brater Hanley Minore Spade
Brown, B. Hansen Mortimer Stallworth
Brown, C. Hart Neumann Stamas
Byl Howell O'Neil Switalski
Callahan Jacobs Pappageorge Tabor
Cassis Jamnick Patterson Tesanovich
Caul Jansen Perricone Thomas
Cherry Jelinek Pestka Toy
Clarke, H. Jellema Price Van Woerkom
Daniels Johnson, Rick Prusi Vander Roest
DeHart Johnson, Ruth Pumford Vaughn
Dennis Julian Quarles Vear
DeRossett Kelly Raczkowski Voorhees
DeVuyst Kilpatrick Richardville Wojno
DeWeese Koetje Richner Woodward
Ehardt Kowall Rison Woronchak
Frank
Nays--1
Brewer
In The Chair: Patterson
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
"An act to revise and codify the laws relating to savings and loan associations; to provide for the incorporation, regulation, supervision, and internal administration of associations; to prescribe the rights, powers, and immunities of associations; to provide for voluntary and involuntary changes in the corporate structure of associations; to prescribe the powers, rights, and duties of certain state agencies in relation to associations; to require certain reports and examinations of associations; to prescribe remedies and penalties for violations of this act; and to repeal certain acts and parts of acts,".
The House agreed to the full title.
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. 612, entitled
A bill to amend 1978 PA 59, entitled "Condominium act," by amending sections 3, 6, 10, 45, 47a, 52, 58, 67, 73, 90, 108, 111, 112, 113, 132, and 135 (MCL 559.103, 559.106, 559.110, 559.145, 559.147a, 559.152, 559.158, 559.167, 559.173, 559.190, 559.208, 559.211, 559.212, 559.213, 559.232, and 559.235), sections 3, 10, 52, 67, 73, 112, and 135 as amended by 1982 PA 538, section 6 as amended by 1983 PA 113, section 47a as amended by 1998 PA 36, and section 90 as amended by 1988 PA 147, and by adding sections 72b, 90a, and 176.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Local Government and Urban Policy,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Middaugh 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.
By unanimous consent the House returned to the order of
Third Reading of Bills
Senate Bill No. 612, entitled
A bill to amend 1978 PA 59, entitled "Condominium act," by amending sections 3, 6, 10, 45, 47a, 52, 58, 67, 73, 90, 108, 111, 112, 113, 132, and 135 (MCL 559.103, 559.106, 559.110, 559.145, 559.147a, 559.152, 559.158, 559.167, 559.173, 559.190, 559.208, 559.211, 559.212, 559.213, 559.232, and 559.235), sections 3, 10, 52, 67, 73, 112, and 135 as amended by 1982 PA 538, section 6 as amended by 1983 PA 113, section 47a as amended by 1998 PA 36, and section 90 as amended by 1988 PA 147, and by adding sections 72b, 90a, and 176.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 993 Yeas--103
Allen Ehardt Koetje Rivet
Baird Frank Kowall Rocca
Basham Garcia Kuipers Sanborn
Birkholz Garza LaForge Schauer
Bisbee Geiger LaSata Schermesser
Bishop Gieleghem Law Scranton
Bogardus Gilbert Lemmons Shackleton
Bovin Godchaux Lockwood Sheltrown
Bradstreet Gosselin Martinez Shulman
Brater Green Mead Spade
Brewer Hager Middaugh Stallworth
Brown, B. Hale Minore Stamas
Brown, C. Hanley Mortimer Switalski
Byl Hansen Neumann Tabor
Callahan Hart O'Neil Tesanovich
Cassis Howell Pappageorge Thomas
Caul Jacobs Patterson Toy
Cherry Jamnick Perricone Van Woerkom
Clark, I. Jansen Pestka Vander Roest
Clarke, H. Jelinek Price Vaughn
Daniels Jellema Prusi Vear
DeHart Johnson, Rick Pumford Voorhees
Dennis Johnson, Ruth Quarles Wojno
DeRossett Julian Richardville Woodward
DeVuyst Kelly Richner Woronchak
DeWeese Kilpatrick Rison
Nays--0
In The Chair: Patterson
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 1978 PA 59, entitled "An act relative to condominiums and condominium projects; to prescribe powers and duties of the administrator; to provide certain protections for certain tenants, senior citizens, and persons with disabilities relating to conversion condominium projects; to provide for escrow arrangements; to provide an exemption from certain property tax increases; to impose duties on certain state departments; to prescribe remedies and penalties; and to repeal acts and parts of acts," by amending sections 3, 6, 10, 40, 45, 47a, 52, 58, 67, 69, 73, 90, 106, 108, 111, 112, 113, 132, and 135 (MCL 559.103, 559.106, 559.110, 559.140, 559.145, 559.147a, 559.152, 559.158, 559.167, 559.169, 559.173, 559.190, 559.206, 559.208, 559.211, 559.212, 559.213, 559.232, and 559.235), sections 3, 10, 52, 67, 73, 112, and 135 as amended by 1982 PA 538, section 6 as amended by 1983 PA 113, section 47a as amended by 1998 PA 36, and section 90 as amended by 1988 PA 147, and by adding sections 72b, 90a, and 176.
The motion prevailed.
The House agreed to the title as amended.
Rep. Middaugh 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. 613, entitled
A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 3240 (MCL 600.3240), as amended by 1996 PA 214.
The bill was read a second time.
Rep. Middaugh 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.
By unanimous consent the House returned to the order of
Third Reading of Bills
Senate Bill No. 613, entitled
A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 3240 (MCL 600.3240), as amended by 1996 PA 214.
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--101
Allen Ehardt Koetje Rivet
Baird Frank Kowall Rocca
Basham Garcia Kuipers Sanborn
Birkholz Geiger LaForge Schauer
Bisbee Gieleghem LaSata Schermesser
Bishop Gilbert Law Scranton
Bogardus Godchaux Lemmons Shackleton
Bovin Gosselin Lockwood Sheltrown
Bradstreet Green Martinez Shulman
Brater Hager Mead Spade
Brewer Hale Middaugh Stallworth
Brown, B. Hanley Minore Stamas
Brown, C. Hansen Mortimer Switalski
Byl Hart Neumann Tabor
Callahan Howell O'Neil Tesanovich
Cassis Jacobs Pappageorge Thomas
Caul Jamnick Patterson Toy
Cherry Jansen Perricone Van Woerkom
Clark, I. Jelinek Pestka Vander Roest
Clarke, H. Jellema Price Vaughn
Daniels Johnson, Rick Prusi Vear
DeHart Johnson, Ruth Pumford Voorhees
Dennis Julian Raczkowski Wojno
DeRossett Kelly Richardville Woodward
DeVuyst Kilpatrick Richner Woronchak
DeWeese
Nays--0
In The Chair: Patterson
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
"An act to revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of such courts, and of the judges and other officers thereof; the forms and attributes of civil claims and actions; the time within which civil actions and proceedings may be brought in said courts; pleading, evidence, practice and procedure in civil and criminal actions and proceedings in said courts; to provide remedies and penalties for the violation of certain provisions of this act; to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act; and to repeal acts and parts of acts,".
The House agreed to the full title.
Rep. Middaugh 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. 1262, entitled
A bill to amend 1976 PA 451, entitled "The revised school code," (MCL 380.1 to 380.1852) by adding section 1274b.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Education,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Middaugh 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.
By unanimous consent the House returned to the order of
Third Reading of Bills
Senate Bill No. 1262, entitled
A bill to amend 1976 PA 451, entitled "The revised school code," (MCL 380.1 to 380.1852) by adding section 1274b.
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--97
Allen Frank LaSata Rocca
Baird Garcia Law Sanborn
Basham Garza Lemmons Schauer
Birkholz Geiger Lockwood Schermesser
Bisbee Gieleghem Martinez Scranton
Bishop Gilbert Mead Shackleton
Bogardus Gosselin Middaugh Sheltrown
Bovin Green Minore Shulman
Bradstreet Hager Mortimer Spade
Brater Hale Neumann Stallworth
Brown, B. Hanley O'Neil Stamas
Brown, C. Hansen Pappageorge Switalski
Byl Hart Patterson Tabor
Callahan Howell Perricone Tesanovich
Cassis Jacobs Pestka Thomas
Caul Jansen Price Toy
Cherry Jelinek Prusi Van Woerkom
Clark, I. Jellema Pumford Vander Roest
Clarke, H. Johnson, Rick Quarles Vaughn
Daniels Johnson, Ruth Raczkowski Vear
Dennis Julian Richardville Voorhees
DeRossett Koetje Richner Wojno
DeVuyst Kowall Rison Woodward
DeWeese LaForge Rivet Woronchak
Ehardt
Nays--2
Godchaux Kuipers
In The Chair: Patterson
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
"An act to provide a system of public instruction and elementary and secondary schools; to revise, consolidate, and clarify the laws relating to elementary and secondary education; to provide for the organization, regulation, and maintenance of schools, school districts, public school academies, and intermediate school districts; to prescribe rights, powers, duties, and privileges of schools, school districts, public school academies, and intermediate school districts; to provide for the regulation of school teachers and certain other school employees; to provide for school elections and to prescribe powers and duties with respect thereto; to provide for the levy and collection of taxes; to provide for the borrowing of money and issuance of bonds and other evidences of indebtedness; to establish a fund and provide for expenditures from that fund; to provide for and prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to provide for licensure of boarding schools; to prescribe penalties; and to repeal acts and parts of acts,".
The House agreed to the full title.
Rep. Middaugh 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. 6115, entitled
A bill to amend 1936 (Ex Sess) PA 1, entitled "Michigan employment security act," by amending section 43 (MCL 421.43), as amended by 1996 PA 145.
The bill was read a second time.
Rep. Vear 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.
By unanimous consent the House returned to the order of
Third Reading of Bills
House Bill No. 6115, entitled
A bill to amend 1936 (Ex Sess) PA 1, entitled "Michigan employment security act," by amending section 43 (MCL 421.43), as amended by 1996 PA 145.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 996 Yeas--64
Allen Gilbert LaSata Rocca
Birkholz Godchaux Law Sanborn
Bisbee Gosselin Lockwood Scranton
Bishop Green Mead Shackleton
Bradstreet Hager Middaugh Sheltrown
Brown, B. Hart Mortimer Shulman
Brown, C. Howell Neumann Spade
Byl Jansen Pappageorge Stamas
Cassis Jelinek Patterson Switalski
Caul Jellema Perricone Tabor
DeRossett Johnson, Rick Pestka Toy
DeVuyst Johnson, Ruth Pumford Van Woerkom
DeWeese Julian Raczkowski Vander Roest
Ehardt Koetje Richardville Vear
Frank Kowall Richner Voorhees
Garcia Kuipers Rivet Woronchak
Nays--37
Baird Daniels Jamnick Rison
Basham DeHart Kelly Schauer
Bogardus Dennis LaForge Schermesser
Bovin Garza Lemmons Stallworth
Brater Gieleghem Martinez Tesanovich
Brewer Hale Minore Thomas
Callahan Hanley O'Neil Vaughn
Cherry Hansen Price Wojno
Clark, I. Jacobs Prusi Woodward
Clarke, H.
In The Chair: Patterson
The House agreed to the title of the bill.
Rep. Middaugh 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. 5869, entitled
A bill to create certain prescription programs relating to the elderly; to enhance access to prescription drugs to certain elderly residents of the state; to prescribe the powers and duties of certain state departments and agencies; and to repeal acts and parts of acts.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Appropriations,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Middaugh 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. Byl 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. 5869, entitled
A bill to create certain prescription programs relating to the elderly; to enhance access to prescription drugs to certain elderly residents of the state; to prescribe the powers and duties of certain state departments and agencies; 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. 997 Yeas--101
Allen Frank Kowall Rison
Baird Garcia Kuipers Rivet
Basham Garza LaForge Rocca
Birkholz Geiger LaSata Sanborn
Bisbee Gieleghem Law Schauer
Bishop Gilbert Lemmons Schermesser
Bogardus Godchaux Lockwood Scranton
Bovin Gosselin Martinez Shackleton
Bradstreet Green Mead Sheltrown
Brater Hager Middaugh Shulman
Brewer Hale Minore Spade
Brown, B. Hanley Mortimer Stallworth
Brown, C. Hansen Neumann Stamas
Byl Hart O'Neil Switalski
Callahan Howell Pappageorge Tesanovich
Cassis Jacobs Patterson Thomas
Caul Jamnick Perricone Toy
Cherry Jansen Pestka Van Woerkom
Clark, I. Jelinek Price Vander Roest
Clarke, H. Jellema Prusi Vaughn
DeHart Johnson, Rick Pumford Vear
Dennis Johnson, Ruth Quarles Voorhees
DeRossett Julian Raczkowski Wojno
DeVuyst Kelly Richardville Woodward
DeWeese Koetje Richner Woronchak
Ehardt
Nays--0
In The Chair: Patterson
The House agreed to the title of the bill.
Rep. Byl moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Reps. Allen, Basham, Bisbee, Bogardus, Bradstreet, Brater, Bob Brown, Byl, Callahan, Cassis, Caul, Cherry, Clark, Clarke, DeHart, Dennis, DeRossett, DeWeese, Ehardt, Garza, Geiger, Gieleghem, Godchaux, Gosselin, Hager, Hale, Hanley, Hansen, Jacobs, Jansen, Jellema, Jelinek, Ruth Johnson, Law, Lemmons, Lockwood, Martinez, Mead, Minore, O'Neil, Patterson, Pestka, Price, Prusi, Pumford, Rivet, Rocca, Schauer, Schermesser, Shackleton, Sheltrown, Shulman, Spade, Stallworth, Tabor, Tesanovich, Thomas, Toy, Van Woerkom, Vaughn, Vear, Voorhees and Woronchak were named co-sponsors of the bill.
Second Reading of Bills
House Bill No. 6094, entitled
A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding section 21734.
Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Senior Health, Security and Retirement,
The substitute (H-2) was adopted, a majority of the members serving voting therefor.
Rep. DeHart moved to amend the bill as follows:
1. Amend page 3, following line 18, by inserting:
"(6) IF NO UNIFORM STANDARDS CAN BE DEVELOPED BY THIS ADVISORY COMMITTEE, THEN THE LEGISLATURE MAY TAKE THE NECESSARY STEPS TO REPEAL THIS AMENDATORY ACT.".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Reps. Kuipers, DeHart and Voorhees moved to amend the bill as follows:
1. Amend page 2, line 20, after "APPOINT" by striking out "10" and inserting "12".
2. Amend page 3, following line 5, by inserting:
"(G) TWO MEMBERS SHALL BE EITHER A RESIDENT OR A FAMILY MEMBER OF A RESIDENT.".
The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.
Rep. Kuipers 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. Byl 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. 6094, entitled
A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding section 21734.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 998 Yeas--88
Allen Ehardt Julian Richner
Baird Frank Kelly Rison
Basham Garcia Koetje Rivet
Birkholz Garza Kowall Rocca
Bisbee Geiger Kuipers Sanborn
Bishop Gieleghem LaForge Schauer
Bogardus Gilbert LaSata Schermesser
Bovin Godchaux Law Scranton
Bradstreet Gosselin Lemmons Shackleton
Brewer Green Lockwood Sheltrown
Brown, B. Hager Mead Spade
Brown, C. Hale Middaugh Stamas
Byl Hanley Mortimer Switalski
Callahan Hansen Neumann Tabor
Cassis Hart O'Neil Toy
Caul Howell Pappageorge Van Woerkom
Clark, I. Jamnick Patterson Vander Roest
Clarke, H. Jansen Perricone Vaughn
DeHart Jelinek Pestka Vear
DeRossett Jellema Pumford Voorhees
DeVuyst Johnson, Rick Raczkowski Wojno
DeWeese Johnson, Ruth Richardville Woronchak
Nays--14
Brater Jacobs Quarles Tesanovich
Cherry Martinez Shulman Thomas
Daniels Price Stallworth Woodward
Dennis Prusi
In The Chair: Patterson
The House agreed to the title of the bill.
Rep. Byl moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Reps. Birkholz, Callahan, Hart, Pappageorge, Shackleton, Spade and Vaughn were named co-sponsors of the bill.
Second Reading of Bills
Senate Bill No. 1057, entitled
A bill to repeal 1863 PA 211, entitled "An act to establish a military school in connection with the agricultural college," (MCL 390.171 to 390.173).
The bill was read a second time.
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. 1057, entitled
A bill to repeal 1863 PA 211, entitled "An act to establish a military school in connection with the agricultural college," (MCL 390.171 to 390.173).
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 999 Yeas--103
Allen Ehardt Koetje Rison
Baird Frank Kowall Rocca
Basham Garcia Kuipers Sanborn
Birkholz Garza LaForge Schauer
Bisbee Geiger LaSata Schermesser
Bishop Gieleghem Law Scranton
Bogardus Gilbert Lemmons Shackleton
Bovin Godchaux Lockwood Sheltrown
Bradstreet Gosselin Martinez Shulman
Brater Green Mead Spade
Brewer Hager Middaugh Stallworth
Brown, B. Hale Minore Stamas
Brown, C. Hanley Mortimer Switalski
Byl Hansen Neumann Tabor
Callahan Hart O'Neil Tesanovich
Cassis Howell Pappageorge Thomas
Caul Jacobs Patterson Toy
Cherry Jamnick Perricone Van Woerkom
Clark, I. Jansen Pestka Vander Roest
Clarke, H. Jelinek Price Vaughn
Daniels Jellema Prusi Vear
DeHart Johnson, Rick Pumford Voorhees
Dennis Johnson, Ruth Quarles Wojno
DeRossett Julian Raczkowski Woodward
DeVuyst Kelly Richardville Woronchak
DeWeese Kilpatrick Richner
Nays--0
In The Chair: Patterson
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. 1124, entitled
A bill to repeal 1887 PA 229, entitled "An act establishing a lien for labor and services upon lumber, shingles, logs, timber, cedar posts, telegraph poles, railroad ties, bark, shingle-bolts, stave-bolts, staves, cord-wood, pulp-wood, hop-poles, hoop-poles, veneering wood and all other forest products, and to repeal Act No. 145 of the Session Laws of 1881, entitled "An act establishing a lien for labor and services upon logs, timber, cedar posts, telegraph poles, railroad ties, tanbark, shingle-bolts and staves, and to repeal Act No. 185 of the Session Laws of 1873, entitled 'An act establishing a lien for labor and services upon logs and timber, as amended by Act No. 253 of the Public Acts of 1879'," (MCL 426.1 to 426.15).
The bill was read a second time.
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. 1124, entitled
A bill to repeal 1887 PA 229, entitled "An act establishing a lien for labor and services upon lumber, shingles, logs, timber, cedar posts, telegraph poles, railroad ties, bark, shingle-bolts, stave-bolts, staves, cord-wood, pulp-wood, hop-poles, hoop-poles, veneering wood and all other forest products, and to repeal Act No. 145 of the Session Laws of 1881, entitled "An act establishing a lien for labor and services upon logs, timber, cedar posts, telegraph poles, railroad ties, tanbark, shingle-bolts and staves, and to repeal Act No. 185 of the Session Laws of 1873, entitled 'An act establishing a lien for labor and services upon logs and timber, as amended by Act No. 253 of the Public Acts of 1879'," (MCL 426.1 to 426.15).
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1000 Yeas--100
Allen Ehardt Kilpatrick Rison
Baird Frank Koetje Rivet
Basham Garcia Kowall Rocca
Birkholz Garza Kuipers Sanborn
Bisbee Geiger LaForge Schauer
Bishop Gieleghem LaSata Schermesser
Bogardus Gilbert Law Scranton
Bovin Godchaux Lemmons Shackleton
Bradstreet Gosselin Lockwood Shulman
Brater Green Martinez Spade
Brewer Hager Mead Stallworth
Brown, B. Hale Mortimer Stamas
Brown, C. Hanley Neumann Switalski
Byl Hansen O'Neil Tabor
Callahan Hart Pappageorge Tesanovich
Cassis Howell Patterson Thomas
Caul Jacobs Perricone Toy
Cherry Jamnick Pestka Van Woerkom
Clark, I. Jansen Price Vander Roest
Clarke, H. Jelinek Prusi Vaughn
Daniels Jellema Pumford Vear
Dennis Johnson, Rick Quarles Voorhees
DeRossett Johnson, Ruth Raczkowski Wojno
DeVuyst Julian Richardville Woodward
DeWeese Kelly Richner Woronchak
Nays--2
Middaugh Sheltrown
In The Chair: Patterson
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.
______
Associate Speaker Pro Tempore Scranton assumed the Chair.
The question being on the motion made previously by Rep. Raczkowski to reconsider the vote by which House Bill No. 5332 did not pass,
The motion prevailed, a majority of the members serving voting therefor.
The House returned to the consideration of
House Bill No. 5332, entitled
A bill to amend 1976 PA 331, entitled "Michigan consumer protection act," by amending section 4 (MCL 445.904), as amended by 1993 PA 10.
(The bill was considered earlier today, see today's journal, p. 2427.)
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. 1001 Yeas--55
Allen Geiger Kowall Rocca
Birkholz Gilbert Kuipers Sanborn
Bisbee Godchaux LaSata Scranton
Bishop Gosselin Law Shackleton
Bradstreet Hager Mead Shulman
Brown, C. Hart Middaugh Stamas
Byl Howell Mortimer Tabor
Cassis Jansen O'Neil Toy
Caul Jelinek Pappageorge Van Woerkom
DeRossett Jellema Perricone Vander Roest
DeVuyst Johnson, Rick Pumford Vear
DeWeese Johnson, Ruth Raczkowski Voorhees
Ehardt Julian Richardville Woronchak
Garcia Koetje Richner
Nays--39
Basham Dennis Lockwood Schermesser
Bogardus Frank Martinez Sheltrown
Bovin Garza Minore Spade
Brater Gieleghem Neumann Stallworth
Brewer Hanley Pestka Switalski
Brown, B. Hansen Price Thomas
Callahan Jacobs Prusi Vaughn
Clark, I. Jamnick Rison Wojno
Clarke, H. Kelly Rivet Woodward
DeHart LaForge Schauer
In The Chair: Scranton
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. 4766, entitled
A bill to amend 1964 PA 154, entitled "Minimum wage law of 1964," by amending the title and section 3 (MCL 408.383).
Was read a second time, and the question being on the adoption of the proposed substitute (H-3) previously recommended by the Committee on Employment Relations, Training and Safety,
The substitute (H-3) was adopted, a majority of the members serving voting therefor.
Rep. Basham moved to amend the bill as follows:
1. Amend page 2, following line 5, by inserting:
"(3) A LOCAL UNIT OF GOVERNMENT SHALL NOT ENACT OR ENFORCE A LICENSING FEE TO HUNT MOURNING DOVES OR LAME DUCKS AS PRESCRIBED BY THE NATURAL RESOURCES COMMISSION.".
The question being on the adoption of the amendment offered by Rep. Basham,
Rep. Basham demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Basham,
Point of Order
Rep. Raczkowski requested a ruling from the Chair regarding the germaneness of the amendment offered by
Rep. Basham.
The Chair ruled that the amendment is not germane.
Rep. Woodward moved to amend the bill as follows:
1. Amend page 2, following line 5, by inserting:
"(3) THE PROHIBITORY LANGUAGE OF THIS AMENDATORY ACT SHALL NOT APPLY TO AN EMPLOYER WHO RECEIVES A TAX ABATEMENT FROM A LOCAL UNIT OF GOVERNMENT.".
The question being on the adoption of the amendment offered by Rep. Woodward,
Rep. Woodward demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Woodward,
The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 1002 Yeas--47
Basham Dennis LaForge Rivet
Bogardus DeWeese Lemmons Schermesser
Bovin Frank Lockwood Sheltrown
Brater Garza Martinez Spade
Brewer Gieleghem Minore Stallworth
Brown, B. Hale Neumann Switalski
Callahan Hanley O'Neil Tesanovich
Cherry Hansen Pestka Thomas
Clark, I. Jacobs Price Vaughn
Clarke, H. Jamnick Prusi Wojno
Daniels Kelly Quarles Woodward
DeHart Kilpatrick Rison
Nays--53
Allen Godchaux Kowall Rocca
Birkholz Gosselin Kuipers Sanborn
Bisbee Green LaSata Scranton
Bishop Hager Mead Shackleton
Bradstreet Hart Middaugh Shulman
Brown, C. Howell Mortimer Stamas
Byl Jansen Pappageorge Tabor
Cassis Jelinek Patterson Toy
Caul Jellema Perricone Van Woerkom
DeRossett Johnson, Rick Pumford Vander Roest
DeVuyst Johnson, Ruth Raczkowski Vear
Ehardt Julian Richardville Voorhees
Garcia Koetje Richner Woronchak
Gilbert
In The Chair: Scranton
Rep. DeWeese moved to amend the bill as follows:
1. Amend page 1, line 11, after "RULE," by inserting "OR".
2. Amend page 1, line 11, after "RESOLUTION," by striking out the balance of the line through "CONTRACT," on line 1 of page 2.
3. Amend page 2, line 2, after "RATE." by inserting "THIS SUBSECTION SHALL NOT PROHIBIT A LOCAL UNIT OF GOVERNMENT FROM ENACTING, MAINTAINING, OR ENFORCING THROUGH A COLLECTIVE BARGAINING AGREEMENT OR OTHER MEANS A MINIMUM WAGE REQUIREMENT GOVERNING COMPENSATION PAID BY THAT LOCAL UNIT OF GOVERNMENT TO EMPLOYEES OF THAT LOCAL UNIT OF GOVERNMENT.".
The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.
Rep. DeWeese moved to amend the bill as follows:
1. Amend page 1, line 10, after "(2)" by inserting "EXCEPT AS OTHERWISE PROVIDED IN SUBSECTION (3),".
2. Amend page 2, following line 5, by inserting:
"(3) SUBSECTION (2) SHALL NOT LIMIT A LOCAL PREVAILING WAGE REQUIREMENT OR THE PREVAILING WAGE REQUIREMENTS SET FORTH IN 1965 PA 166, MCL 408.551 TO 408.558. AS USED IN THIS SUBSECTION:
(A) "CONSTRUCTION MECHANIC" MEANS A SKILLED OR UNSKILLED MECHANIC, LABORER, WORKER, HELPER, ASSISTANT, OR APPRENTICE WORKING ON A PROJECT FUNDED IN WHOLE OR IN PART BY A LOCAL UNIT OF GOVERNMENT. CONSTRUCTION MECHANIC DOES NOT INCLUDE EXECUTIVE, ADMINISTRATIVE, PROFESSIONAL, OFFICE, OR CUSTODIAL EMPLOYEES.
(B) "LOCAL PREVAILING WAGE REQUIREMENT" MEANS AN ORDINANCE, RULE, RESOLUTION, OR REGULATION ADOPTED BY A LOCAL UNIT OF GOVERNMENT OR AN EXPRESS PROVISION IN A CONTRACT EXECUTED BETWEEN A LOCAL UNIT OF GOVERNMENT AND A CONTRACTOR FOR A PROJECT THAT REQUIRES OR INVOLVES THE EMPLOYMENT OF 1 OR MORE CONSTRUCTION MECHANICS, OTHER THAN THOSE SUBJECT TO THE JURISDICTION OF THE STATE CIVIL SERVICE COMMISSION, WHICH ORDINANCE, RULE, RESOLUTION, REGULATION, OR CONTRACT PROVISION STATES THAT THE RATES OF WAGES AND FRINGE BENEFITS TO BE PAID TO EACH CLASS OF CONSTRUCTION MECHANIC BY A CONTRACTOR AND ALL SUBCONTRACTORS, SHALL BE NOT LESS THAN THE WAGE AND FRINGE BENEFIT RATES PREVAILING IN THE LOCALITY IN WHICH THE WORK IS TO BE PERFORMED.".
The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.
Rep. LaForge moved to amend the bill as follows:
1. Amend page 2, line 2, after "RATE" by striking out the balance of the subsection and inserting "UNLESS THAT MINIMUM WAGE REQUIREMENT CONFORMS WITH SUBSECTION (3).".
2. Amend page 2, following line 5, following subsection (3), by inserting:
"(3) A LOCAL UNIT OF GOVERNMENT MAY ENACT, MAINTAIN, OR ENFORCE BY CHARTER, ORDINANCE, REGULATION, RULE, OR RESOLUTION A MINIMUM WAGE REQUIREMENT THAT IS GREATER THAN THE APPLICABLE RATE FOR ALL EMPLOYERS LOCATED WITHIN OR CONTRACTORS ENTERING INTO A CONTRACT WITH THE LOCAL UNIT OF GOVERNMENT IF ALL OF THE FOLLOWING REQUIREMENTS ARE SATISFIED:
(A) EMPLOYERS OR CONTRACTORS SHALL PAY EMPLOYEES A MINIMUM WAGE OF NOT LESS THAN EITHER OF THE FOLLOWING:
(i) IF THE EMPLOYER OR CONTRACTOR PROVIDES THE EMPLOYEE WITH QUALIFIED MEDICAL BENEFITS AS PROVIDED IN THIS SUBPARAGRAPH, $14.50 PER HOUR. QUALIFIED MEDICAL BENEFITS SHALL CONSIST OF NOT LESS THAN $1.25 PER HOUR TOWARDS THE PROVISION OF HEALTH CARE BENEFITS FOR AN EMPLOYEE AND HIS OR HER DEPENDENTS. THE EMPLOYER OR CONTRACTOR SHALL PROVIDE PROOF OF THE PROVISION OF QUALIFIED MEDICAL BENEFITS TO THE LOCAL UNIT OF GOVERNMENT NOT LATER THAN 30 DAYS AFTER TRANSACTING BUSINESS WITHIN THE LOCAL UNIT OF GOVERNMENT OR EXECUTING A CONTRACT WITH THE LOCAL UNIT OF GOVERNMENT TO QUALIFY FOR THE WAGE RATE UNDER THIS SUBPARAGRAPH.
(ii) IF THE EMPLOYER OR CONTRACTOR DOES NOT PROVIDE THE EMPLOYEE WITH QUALIFIED MEDICAL BENEFITS AS PROVIDED IN THIS SUBSECTION, $15.75 PER HOUR.
(B) THE MINIMUM WAGE AND QUALIFIED MEDICAL BENEFITS PROVIDED UNDER SUBDIVISION (A) SHALL BE ADJUSTED EACH JANUARY 1 PURSUANT TO THE ANNUAL AVERAGE PERCENTAGE INCREASE OR DECREASE IN THE DETROIT CONSUMER PRICE INDEX FOR ALL ITEMS AS REPORTED BY THE UNITED STATES DEPARTMENT OF LABOR.
(C) AN EMPLOYER OR CONTRACTOR SHALL PROVIDE EMPLOYEES NOT LESS THAN 16 DAYS OFF PER YEAR FOR SICK LEAVE, VACATION, OR PERSONAL NECESSITY AT THE EMPLOYEE'S REQUEST. COMPENSATED DAYS OFF SHALL ACCRUE AND BE ADMINISTERED AS FOLLOWS:
(i) NOT LESS THAN 1 COMPENSATED DAY OFF PER MONTH OF FULL-TIME EMPLOYMENT.
(ii) NOT LESS THAN 1 ADDITIONAL COMPENSATED DAY OFF FOR EACH 3 MONTHS OF FULL-TIME EMPLOYMENT.
(iii) PART-TIME EMPLOYEES SHALL ACCRUE COMPENSATED DAYS OFF IN INCREMENTS PROPORTIONAL TO THAT ACCRUED BY FULL-TIME EMPLOYEES.
(iv) EMPLOYEES SHALL BE ELIGIBLE TO USE ACCRUED DAYS OFF AFTER THE FIRST 6 MONTHS OF EMPLOYMENT OR CONSISTENT WITH THE EMPLOYER'S OR CONTRACTOR'S POLICY, WHICHEVER IS SOONER.
(v) NOT MORE THAN 6 PAID HOLIDAYS, CONSISTENT WITH THE EMPLOYER'S OR CONTRACTOR'S ESTABLISHED POLICY, MAY BE COUNTED TOWARD THE NUMBER OF DAYS OFF REQUIRED UNDER THIS SUBDIVISION.
(vi) COMPENSATED DAYS OFF SHALL ACCRUE YEAR TO YEAR.
(D) IN ADDITION TO THE NUMBER OF COMPENSATED DAYS OFF PROVIDED UNDER SUBDIVISION (C), AN EMPLOYER OR CONTRACTOR SHALL ALSO PROVIDE EMPLOYEES NOT LESS THAN 10 ADDITIONAL DAYS OF UNCOMPENSATED TIME OFF PER YEAR.
(4) AS USED IN THIS SECTION, "LOCAL UNIT OF GOVERNMENT" MEANS A CITY, COUNTY, TOWNSHIP, VILLAGE, SCHOOL DISTRICT, INTERMEDIATE SCHOOL DISTRICT, OR ANY POLITICAL SUBDIVISION OF THIS STATE.".
The question being on the adoption of the amendments offered by Rep. LaForge,
Point of Order
Rep. Raczkowski requested a ruling from the Chair regarding the germaneness of the amendments offered by Rep. LaForge.
The Chair ruled that the amendments are not germane pursuant to House Rule 64. The amendments introduce a new proposition which is not germane to the subject matter of the bill as it was originally introduced and as it is currently before the House.
Rep. Richner 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. 4766, entitled
A bill to amend 1964 PA 154, entitled "Minimum wage law of 1964," by amending the title and section 3 (MCL 408.383).
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1003 Yeas--55
Allen Geiger Koetje Richner
Birkholz Gilbert Kowall Sanborn
Bisbee Godchaux Kuipers Scranton
Bishop Gosselin LaSata Shackleton
Bradstreet Green Law Shulman
Brown, C. Hager Mead Stamas
Byl Hart Middaugh Tabor
Cassis Howell Mortimer Toy
Caul Jansen Pappageorge Van Woerkom
DeRossett Jelinek Patterson Vander Roest
DeVuyst Jellema Perricone Vear
DeWeese Johnson, Rick Pumford Voorhees
Ehardt Johnson, Ruth Raczkowski Woronchak
Garcia Julian Richardville
Nays--46
Basham Dennis Martinez Schauer
Bogardus Frank Minore Schermesser
Bovin Garza Neumann Sheltrown
Brater Gieleghem O'Neil Spade
Brewer Hale Pestka Stallworth
Brown, B. Hanley Price Switalski
Callahan Hansen Prusi Tesanovich
Cherry Jamnick Quarles Thomas
Clark, I. Kelly Rison Vaughn
Clarke, H. Kilpatrick Rivet Wojno
Daniels LaForge Rocca Woodward
DeHart Lockwood
In The Chair: Scranton
The House agreed to the title of the bill.
Second Reading of Bills
House Bill No. 5812, entitled
A bill to amend 1990 PA 271, entitled "Limousine transportation act," by amending sections 7 and 33 (MCL 257.1907 and 257.1933).
Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Transportation,
The substitute (H-2) was adopted, a majority of the members serving voting therefor.
Reps. DeRossett and Lemmons moved to amend the bill as follows:
1. Amend page 1, line 4, by striking out all of line 4 through "TRIP." on line 11.
2. Amend page 2, following 10, by inserting:
"(3) A PERSON LICENSED UNDER THIS ACT IS PROHIBITED FROM PICKING UP OR TRANSPORTING PASSENGERS THAT ARE NOT PRESCHEDULED UNLESS PERMITTED BY A LOCAL GOVERNING AUTHORITY. A LOCAL GOVERNING AUTHORITY MAY IMPOSE FINES FOR FAILURE TO COMPLY WITH THIS SUBSECTION.".
The question being on the adoption of the amendments offered by Reps. DeRossett and Lemmons,
Rep. DeRossett demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendments offered by Reps. DeRossett and Lemmons,
The amendments were adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1004 Yeas--59
Basham Dennis LaForge Rison
Bogardus DeRossett LaSata Rivet
Bovin Frank Lemmons Rocca
Bradstreet Garza Lockwood Schermesser
Brater Gieleghem Martinez Sheltrown
Brewer Hale Middaugh Spade
Brown, B. Hanley Minore Stallworth
Brown, C. Hansen Neumann Switalski
Byl Hart O'Neil Tesanovich
Callahan Jacobs Pestka Thomas
Cherry Jansen Price Vaughn
Clark, I. Johnson, Ruth Prusi Wojno
Clarke, H. Kelly Quarles Woodward
Daniels Kilpatrick Richardville Woronchak
DeHart Kowall Richner
Nays--37
Allen Godchaux Koetje Shackleton
Birkholz Green Kuipers Shulman
Bisbee Hager Mead Stamas
Bishop Howell Mortimer Tabor
Cassis Jamnick Pappageorge Toy
Caul Jelinek Patterson Van Woerkom
DeWeese Jellema Perricone Vander Roest
Garcia Johnson, Rick Pumford Vear
Geiger Julian Scranton Voorhees
Gilbert
In The Chair: Scranton
Rep. Hale moved to amend the bill as follows:
1. Amend page 2, line 4, after "BOTH." by inserting "FIFTY PERCENT OF THE INCOME FROM THE SALE OF BONDS REQUIRED TO BE OBTAINED BY THE VEHICLE FOR HIRE ORDINANCE OF A CITY WITH A POPULATION OF 250,000 OR MORE SHALL BE DEPOSITED INTO A FUND TO BE ADMINISTERED BY THAT CITY FOR THE PURPOSE OF ASSISTING LICENSED TAXICAB DRIVERS IN ACQUIRING HEALTH CARE INSURANCE. THIS FUND SHALL BE ESTABLISHED NO LATER THAN MARCH 1, 2001.".
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,
Point of Order
Rep. Raczkowski requested a ruling from the Chair regarding the germaneness of the amendment offered by Rep. Hale.
The Chair ruled that the amendment is not germane pursuant to House Rule 64. The amendment introduce a new proposition which is not germane to the subject matter of the bill as it was originally introduced and as it is currently before the House.
Rep. Rick Johnson 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. Sanborn moved that Rep. Jansen be excused temporarily from today's session.
The motion prevailed.
Rep. Tabor moved that Rep. DeWeese be excused temporarily from today's session.
The motion prevailed.
Rep. Schermesser moved that Rep. DeHart 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. 5812, entitled
A bill to amend 1990 PA 271, entitled "Limousine transportation act," by amending sections 7 and 33 (MCL 257.1907 and 257.1933).
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1005 Yeas--95
Allen Frank LaForge Rivet
Basham Garcia LaSata Rocca
Birkholz Garza Law Sanborn
Bisbee Geiger Lemmons Schauer
Bishop Gieleghem Lockwood Schermesser
Bogardus Gilbert Martinez Scranton
Bovin Green Mead Shackleton
Bradstreet Hager Middaugh Sheltrown
Brater Hanley Minore Shulman
Brewer Hansen Mortimer Spade
Brown, B. Hart Neumann Stamas
Brown, C. Howell O'Neil Switalski
Byl Jacobs Pappageorge Tabor
Callahan Jamnick Patterson Tesanovich
Cassis Jelinek Perricone Thomas
Caul Jellema Pestka Toy
Cherry Johnson, Rick Price Van Woerkom
Clark, I. Johnson, Ruth Prusi Vander Roest
Clarke, H. Julian Pumford Vear
Daniels Kelly Quarles Voorhees
Dennis Kilpatrick Raczkowski Wojno
DeRossett Koetje Richardville Woodward
DeVuyst Kowall Richner Woronchak
Ehardt Kuipers Rison
Nays--3
Godchaux Stallworth Vaughn
In The Chair: Scranton
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 1990 PA 271, entitled "Limousine transportation act," by amending section 7 (MCL 257.1907).
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.
By unanimous consent the House returned to the order of
Motions and Resolutions
Rep. Sanborn moved that the Committee on Tax Policy be discharged from further consideration of House Bill No. 6095.
(For first notice see House Journal No. 66, p. 2413.)
The question being on the motion made by Rep. Sanborn,
The motion prevailed.
______
The Speaker Pro Tempore assumed the Chair.
Reports of Standing Committees
The Committee on Family and Civil Law, by Rep. Richner, Chair, reported
House Bill No. 5763, entitled
A bill to amend 1964 PA 265, entitled "Uniform securities act," by amending the title and sections 101, 102, 103, 201, 202, 203, 204, 301, 304a, 305, 401, 402, 403, 405, 406, 409, 410, 412, 413, 414, and 417 (MCL 451.501, 451.502, 451.503, 451.601, 451.602, 451.603, 451.604, 451.701, 451.704a, 451.705, 451.801, 451.802, 451.803, 451.805, 451.806, 451.809, 451.810, 451.812, 451.813, 451.814, and 451.817), section 201 as amended by 1996 PA 349, sections 202, 203, 402, and 410 as amended by 1990 PA 150, section 304a as added and section 305 as amended by 1996 PA 529, sections 401 and 409 as amended by 1988 PA 408, and section 413 as amended by 1992 PA 207, and by adding sections 202a and 308.
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 5763 To Report Out:
Yeas: Reps. Richner, Shulman, Hart, Koetje, Sanborn, Voorhees, Baird, Minore, Switalski,
Nays: None.
The Committee on Family and Civil Law, by Rep. Richner, Chair, reported
House Bill No. 5962, entitled
A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending sections 1304, 1304a, 1308, 1309, 1310, 1311, 1312, 1313, 1314, 1315, 1316, 1317, 1319, 1320, 1321, 1322, 1323, 1324, 1326, 1327, 1328, 1330, 1331, 1340, 1341, 1342, 1345, and 1346 (MCL 600.1304, 600.1304a, 600.1308, 600.1309, 600.1310, 600.1311, 600.1312, 600.1313, 600.1314, 600.1315, 600.1316, 600.1317, 600.1319, 600.1320, 600.1321, 600.1322, 600.1323, 600.1324, 600.1326, 600.1327, 600.1328, 600.1330, 600.1331, 600.1340, 600.1341, 600.1342, 600.1345, and 600.1346), sections 1304, 1310, 1311, and 1312 as amended by 1986 PA 104; 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.
Favorable Roll Call
HB 5962 To Report Out:
Yeas: Reps. Richner, Shulman, Hart, Koetje, Sanborn, Voorhees, Baird, Minore, Switalski,
Nays: None.
The Committee on Family and Civil Law, by Rep. Richner, Chair, reported
Senate Bill No. 863, entitled
A bill to amend 1998 PA 386, entitled "Estates and protected individuals code," by amending sections 1106, 5106, 5313, and 5409 (MCL 700.1106, 700.5106, 700.5313, and 700.5409), section 1106 as amended by 2000 PA 54, section 5313 as amended by 2000 PA 312, and section 5409 as amended by 1998 PA 386.
With the recommendation that the following amendments be adopted and that the bill then pass.
1. Amend page 5, line 11, by striking out "INCAPACITATED" and inserting "developmentally disabled".
2. Amend page 5, line 11, after "individual's" by inserting a comma and "INCAPACITATED INDIVIDUAL'S,".
The bill and amendments were referred to the order of Second Reading of Bills.
Favorable Roll Call
SB 863 To Report Out:
Yeas: Reps. Richner, Shulman, Hart, Koetje, Law, Sanborn, Voorhees, Minore, Switalski,
Nays: None.
The Committee on Family and Civil Law, by Rep. Richner, Chair, reported
Senate Bill No. 1170, entitled
A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," (MCL 600.101 to 600.9948) by adding section 2971.
With the recommendation that the following amendment be adopted and that the bill then pass.
1. Amend page 2, following line 6, by inserting:
"Enacting section 1. This amendatory act applies only to a cause of action arising on or after the effective date of this amendatory act.".
The bill and amendment were referred to the order of Second Reading of Bills.
Favorable Roll Call
SB 1170 To Report Out:
Yeas: Reps. Richner, Shulman, Hart, Koetje, Sanborn, Voorhees, Switalski,
Nays: Reps. Baird, Minore.
The Committee on Family and Civil Law, by Rep. Richner, Chair, reported
Senate Bill No. 1244, entitled
A bill to amend 1970 PA 91, entitled "Child custody act of 1970," (MCL 722.21 to 722.30) by adding section 11.
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
SB 1244 To Report Out:
Yeas: Reps. Richner, Shulman, Hart, Koetje, Voorhees, Switalski,
Nays: None.
The Committee on Family and Civil Law, by Rep. Richner, Chair, reported
Senate Bill No. 1313, entitled
A bill to amend 1980 PA 299, entitled "Occupational code," by amending sections 2512 and 2517 (MCL 339.2512 and 339.2517), section 2512 as amended by 1996 PA 430 and section 2517 as amended by 2000 PA 236.
With the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
SB 1313 To Report Out:
Yeas: Reps. Richner, Shulman, Hart, Koetje, Sanborn, Voorhees, Minore, Switalski,
Nays: None.
The Committee on Family and Civil Law, by Rep. Richner, Chair, reported
Senate Bill No. 1385, entitled
A bill to amend 1998 PA 386, entitled "Estates and protected individuals code," by amending sections 5305 and 5406 (MCL 700.5305 and 700.5406), section 5406 as amended by 2000 PA 54.
With the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
SB 1385 To Report Out:
Yeas: Reps. Richner, Shulman, Hart, Koetje, Law, Sanborn, Voorhees, Minore, Switalski,
Nays: None.
The Committee on Family and Civil Law, by Rep. Richner, Chair, reported
Senate Bill No. 1386, entitled
A bill to amend 1998 PA 386, entitled "Estates and protected individuals code," (MCL 700.1101 to 700.8102) by adding section 5108.
With the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
SB 1386 To Report Out:
Yeas: Reps. Richner, Shulman, Law, Sanborn, Minore, Switalski,
Nays: Reps. Hart, Koetje.
The Committee on Family and Civil Law, by Rep. Richner, Chair, reported
Senate Bill No. 1387, entitled
A bill to amend 1998 PA 386, entitled "Estates and protected individuals code," by amending section 5401 (MCL 700.5401).
With the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
SB 1387 To Report Out:
Yeas: Reps. Richner, Shulman, Hart, Koetje, Law, Sanborn, Voorhees, Minore, Switalski,
Nays: None.
The Committee on Family and Civil Law, by Rep. Richner, Chair, reported
Senate Bill No. 1388, entitled
A bill to amend 1998 PA 386, entitled "Estates and protected individuals code," by amending section 5314 (MCL 700.5314), as amended by 2000 PA 313.
With the recommendation that the substitute (H-1) be adopted and that the bill then pass.
The bill and substitute were referred to the order of Second Reading of Bills.
Favorable Roll Call
SB 1388 To Report Out:
Yeas: Reps. Richner, Shulman, Hart, Koetje, Law, Sanborn, Voorhees, Minore, Switalski,
Nays: None.
The Committee on Family and Civil Law, by Rep. Richner, Chair, reported
Senate Bill No. 1389, entitled
A bill to amend 1998 PA 386, entitled "Estates and protected individuals code," by amending section 5303 (MCL 700.5303).
With the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
SB 1389 To Report Out:
Yeas: Reps. Richner, Shulman, Hart, Koetje, Law, Sanborn, Voorhees, Minore, Switalski,
Nays: None.
The Committee on Family and Civil Law, by Rep. Richner, Chair, reported
Senate Bill No. 1390, entitled
A bill to amend 1998 PA 386, entitled "Estates and protected individuals code," by amending sections 5215, 5314, and 5423 (MCL 700.5215, 700.5314, and 700.5423), section 5314 as amended by 2000 PA 313, and by adding section 5108.
With the recommendation that the substitute (H-1) be adopted and that the bill then pass.
The bill and substitute were referred to the order of Second Reading of Bills.
Favorable Roll Call
SB 1390 To Report Out:
Yeas: Reps. Richner, Shulman, Hart, Koetje, Law, Sanborn, Voorhees, Minore, Switalski,
Nays: None.
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Richner, Chair of the Committee on Family and Civil Law, was received and read:
Meeting held on: Thursday, November 30, 2000, at 9:00 a.m.,
Present: Reps. Richner, Shulman, Hart, Koetje, Law, Sanborn, Voorhees, Baird, Minore, Switalski,
Absent: Rep. Schermesser,
Excused: Rep. Schermesser.
Second Reading of Bills
House Bill No. 5763, entitled
A bill to amend 1964 PA 265, entitled "Uniform securities act," by amending the title and sections 101, 102, 103, 201, 202, 203, 204, 301, 304a, 305, 401, 402, 403, 405, 406, 409, 410, 412, 413, 414, and 417 (MCL 451.501, 451.502, 451.503, 451.601, 451.602, 451.603, 451.604, 451.701, 451.704a, 451.705, 451.801, 451.802, 451.803, 451.805, 451.806, 451.809, 451.810, 451.812, 451.813, 451.814, and 451.817), section 201 as amended by 1996 PA 349, sections 202, 203, 402, and 410 as amended by 1990 PA 150, section 304a as added and section 305 as amended by 1996 PA 529, sections 401 and 409 as amended by 1988 PA 408, and section 413 as amended by 1992 PA 207, and by adding sections 202a and 308.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Family and Civil Law,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Richner moved to amend the bill as follows:
1. Amend page 15, line 7, after "78o," by inserting "AND SECTION 222 OF THE INVESTMENT ADVISERS ACT OF 1940, 15 U.S.C. 80b-18a,".
2. Amend page 72, line 23, after "Any" by inserting "security listed or approved for listing upon notice of issuance on the New York or American stock exchanges; any other security of the same issuer which is of senior or substantially equal rank; any".
The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.
Rep. Richner 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. 5763, entitled
A bill to amend 1964 PA 265, entitled "Uniform securities act," by amending the title and sections 101, 102, 103, 201, 202, 203, 204, 301, 304a, 305, 401, 402, 403, 405, 406, 409, 410, 412, 413, 414, and 417 (MCL 451.501, 451.502, 451.503, 451.601, 451.602, 451.603, 451.604, 451.701, 451.704a, 451.705, 451.801, 451.802, 451.803, 451.805, 451.806, 451.809, 451.810, 451.812, 451.813, 451.814, and 451.817), section 201 as amended by 1996 PA 349, sections 202, 203, 402, and 410 as amended by 1990 PA 150, section 304a as added and section 305 as amended by 1996 PA 529, sections 401 and 409 as amended by 1988 PA 408, and section 413 as amended by 1992 PA 207, and by adding sections 202a and 308.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1006 Yeas--97
Allen Ehardt Kowall Rivet
Basham Frank Kuipers Rocca
Birkholz Garcia LaForge Sanborn
Bisbee Garza LaSata Schauer
Bishop Gieleghem Law Schermesser
Bogardus Gilbert Lemmons Scranton
Bovin Godchaux Lockwood Shackleton
Bradstreet Gosselin Martinez Sheltrown
Brater Green Mead Shulman
Brewer Hager Middaugh Spade
Brown, B. Hale Minore Stamas
Brown, C. Hanley Mortimer Switalski
Byl Hansen Neumann Tabor
Callahan Hart Pappageorge Tesanovich
Cassis Howell Patterson Thomas
Caul Jacobs Perricone Toy
Cherry Jelinek Pestka Van Woerkom
Clark, I. Jellema Price Vander Roest
Clarke, H. Johnson, Rick Prusi Vaughn
Daniels Johnson, Ruth Pumford Vear
DeHart Julian Quarles Voorhees
Dennis Kelly Raczkowski Wojno
DeRossett Kilpatrick Richardville Woodward
DeVuyst Koetje Richner Woronchak
DeWeese
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
House Bill No. 5962, entitled
A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending sections 1304, 1304a, 1308, 1309, 1310, 1311, 1312, 1313, 1314, 1315, 1316, 1317, 1319, 1320, 1321, 1322, 1323, 1324, 1326, 1327, 1328, 1330, 1331, 1340, 1341, 1342, 1345, and 1346 (MCL 600.1304, 600.1304a, 600.1308, 600.1309, 600.1310, 600.1311, 600.1312, 600.1313, 600.1314, 600.1315, 600.1316, 600.1317, 600.1319, 600.1320, 600.1321, 600.1322, 600.1323, 600.1324, 600.1326, 600.1327, 600.1328, 600.1330, 600.1331, 600.1340, 600.1341, 600.1342, 600.1345, and 600.1346), sections 1304, 1310, 1311, and 1312 as amended by 1986 PA 104; and to repeal acts and parts of acts.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Family and Civil Law,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Richner moved to amend the bill as follows:
1. Amend page 2, line 2, by striking out "BOARD OF COMMISSIONERS" and inserting "EXECUTIVE,".
2. Amend page 2, line 3, by striking out "EXECUTIVE" and inserting "BOARD OF COMMISSIONERS,".
The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.
Rep. Richner 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. 5962, entitled
A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending sections 1304, 1304a, 1308, 1309, 1310, 1311, 1312, 1313, 1314, 1315, 1316, 1317, 1319, 1320, 1321, 1322, 1323, 1324, 1326, 1327, 1328, 1330, 1331, 1340, 1341, 1342, 1345, and 1346 (MCL 600.1304, 600.1304a, 600.1308, 600.1309, 600.1310, 600.1311, 600.1312, 600.1313, 600.1314, 600.1315, 600.1316, 600.1317, 600.1319, 600.1320, 600.1321, 600.1322, 600.1323, 600.1324, 600.1326, 600.1327, 600.1328, 600.1330, 600.1331, 600.1340, 600.1341, 600.1342, 600.1345, and 600.1346), sections 1304, 1310, 1311, and 1312 as amended by 1986 PA 104; 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. 1007 Yeas--99
Allen Frank Kuipers Rocca
Basham Garcia LaForge Sanborn
Birkholz Garza LaSata Schauer
Bisbee Geiger Law Schermesser
Bishop Gieleghem Lemmons Scranton
Bogardus Gilbert Lockwood Shackleton
Bovin Godchaux Martinez Sheltrown
Bradstreet Gosselin Mead Shulman
Brater Green Middaugh Spade
Brewer Hager Minore Stallworth
Brown, B. Hale Mortimer Stamas
Brown, C. Hanley Neumann Switalski
Byl Hansen O'Neil Tabor
Callahan Hart Pappageorge Tesanovich
Cassis Howell Patterson Thomas
Caul Jacobs Perricone Toy
Cherry Jelinek Pestka Van Woerkom
Clark, I. Jellema Price Vander Roest
Clarke, H. Johnson, Rick Prusi Vaughn
DeHart Johnson, Ruth Pumford Vear
Dennis Julian Quarles Voorhees
DeRossett Kelly Raczkowski Wojno
DeVuyst Kilpatrick Richardville Woodward
DeWeese Koetje Richner Woronchak
Ehardt Kowall Rivet
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 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 1301 (MCL 600.1301).
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. Vaughn moved that Rep. Daniels be excused from the balance of today's session.
The motion prevailed.
Rep. Kilpatrick moved that Rep. Jamnick be excused from the balance of today's session.
The motion prevailed.
Second Reading of Bills
House Bill No. 6095, entitled
A bill to amend 1967 PA 281, entitled "Income tax act of 1967," (MCL 206.1 to 206.532) by adding section 267.
The bill was read a second time.
Rep. Raczkowski moved to amend the bill as follows:
1. Amend page 1, line 10, after "TAXPAYER" by striking out the balance of the subdivision and inserting a period.
The motion prevailed and the amendment 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. 6095, entitled
A bill to amend 1967 PA 281, entitled "Income tax act of 1967," (MCL 206.1 to 206.532) by adding section 267.
The bill was read a third time.
The question being on the passage of the bill,
Rep. Jacobs moved that consideration of the bill be postponed temporarily.
The motion prevailed.
Quorum Call
Rep. Raczkowski questioned the presence of a quorum and moved that the roll be called and printed in the Journal.
The motion prevailed.
The roll was called and the Clerk announced that a quorum was present .
The following is the roll call:
Roll Call No. 1008 Yeas--85
Allen Garza LaSata Rivet
Basham Gieleghem Law Rocca
Birkholz Gilbert Lemmons Sanborn
Bishop Gosselin Lockwood Schauer
Bogardus Green Martinez Schermesser
Bovin Hager Mead Scranton
Bradstreet Hale Middaugh Shackleton
Brater Hansen Minore Sheltrown
Brewer Hart Mortimer Shulman
Brown, B. Howell Neumann Spade
Brown, C. Jacobs O'Neil Stamas
Callahan Jelinek Pappageorge Switalski
Cassis Jellema Patterson Tabor
Caul Johnson, Rick Perricone Tesanovich
Clark, I. Johnson, Ruth Pestka Toy
Clarke, H. Julian Price Van Woerkom
DeHart Kelly Prusi Vaughn
Dennis Koetje Pumford Voorhees
DeRossett Kowall Raczkowski Wojno
DeVuyst Kuipers Richardville Woodward
DeWeese LaForge Richner Woronchak
Garcia
In The Chair: Birkholz
______
Rep. Cassis moved that Rep. Bisbee be excused temporarily from today's session.
The motion prevailed.
Rep. Jacobs moved that Reps. Thomas, Quarles, Kilpatrick, Stallworth and Rison be excused from the balance of today's session.
The motion prevailed.
Rep. Hart moved that Rep. Jansen be excused temporarily from today's session.
The motion prevailed.
The House returned to the consideration of
House Bill No. 6095, entitled
A bill to amend 1967 PA 281, entitled "Income tax act of 1967," (MCL 206.1 to 206.532) by adding section 267.
(The bill was considered earlier today, see today's journal, p. 2453.)
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. 1009 Yeas--93
Allen Frank Kowall Rivet
Basham Garcia Kuipers Rocca
Birkholz Garza LaSata Sanborn
Bishop Geiger Law Schauer
Bogardus Gieleghem Lemmons Schermesser
Bovin Gilbert Lockwood Scranton
Bradstreet Godchaux Martinez Shackleton
Brater Gosselin Mead Sheltrown
Brewer Green Middaugh Shulman
Brown, B. Hager Minore Spade
Brown, C. Hale Mortimer Stamas
Byl Hanley Neumann Switalski
Callahan Hansen O'Neil Tabor
Cassis Hart Pappageorge Tesanovich
Caul Howell Patterson Toy
Cherry Jacobs Perricone Van Woerkom
Clark, I. Jelinek Pestka Vander Roest
Clarke, H. Jellema Price Vaughn
DeHart Johnson, Rick Prusi Vear
Dennis Johnson, Ruth Pumford Voorhees
DeRossett Julian Raczkowski Wojno
DeVuyst Kelly Richardville Woodward
DeWeese Koetje Richner Woronchak
Ehardt
Nays--1
LaForge
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, Bogardus, Bovin, Brater, Brewer, Cameron Brown, Callahan, Cassis, Clarke, DeHart, Dennis, Gieleghem, Hale, Jacobs, Lockwood, Martinez, Minore, O'Neil, Price, Schauer, Schermesser, Switalski, Tesanovich, Vaughn, Wojno and Woodward were named co-sponsors of the bill.
______
Rep. LaForge, having reserved the right to explain his protest against the passage of the bill, made the following statement:
"Mr. Speaker and members of the House:
This bill is one of the most cynical pieces of legislation proposed by the Republicans in this session. Supposedly, it will offer preventative diabetes programs to every citizen in Michigan. The fallacy is that low income citizens who have no insurance, do not have an income level to even receive a tax credit. Beam us up Scottie!"
Second Reading of Bills
Senate Bill No. 260, entitled
A bill to amend 1980 PA 350, entitled "The nonprofit health care corporation reform act," (MCL 550.1101 to 550.1704) by adding section 416b.
(The bill was discharged from the Committee on Insurance and Financial Services on November 29, see House Journal No. 66, p. 2378.)
The bill was read a second time.
Rep. Koetje moved to substitute (H-3) the bill.
The question being on the adoption of the substitute (H-3) offered by Rep. Koetje,
Rep. Schauer demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the substitute (H-3) offered by Rep. Koetje,
The substitute (H-3) was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 1010 Yeas--40
Birkholz Geiger Koetje Richner
Bishop Gilbert LaSata Rocca
Bradstreet Gosselin Law Sanborn
Brown, C. Green Mead Shulman
Byl Hart Middaugh Stamas
Cassis Howell Mortimer Tabor
Caul Jelinek Pappageorge Van Woerkom
DeRossett Jellema Perricone Vander Roest
DeVuyst Johnson, Rick Pumford Vear
Garcia Johnson, Ruth Raczkowski Voorhees
Nays--49
Allen Frank Kuipers Schauer
Basham Garza LaForge Schermesser
Bogardus Gieleghem Lemmons Scranton
Bovin Godchaux Lockwood Shackleton
Brater Hager Martinez Sheltrown
Brown, B. Hale Minore Spade
Callahan Hanley Neumann Switalski
Cherry Hansen Patterson Tesanovich
Clark, I. Jacobs Pestka Toy
Clarke, H. Julian Price Vaughn
DeHart Kelly Prusi Woodward
Dennis Kowall Rivet Woronchak
DeWeese
In The Chair: Birkholz
Rep. Raczkowski moved to amend the bill as follows:
1. Amend page 4, following line 3, by inserting:
"Enacting section 1. This amendatory act does not take effect unless House Bill No. 6095 of the 90th Legislature is enacted into law.".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Raczkowski moved that consideration of the bill be postponed temporarily.
The motion prevailed.
______
Rep. Scranton asked and obtained an excuse from the balance of today's session.
Rep. Tesanovich moved that Rep. Godchaux be excused from the balance of today's session.
The motion prevailed.
House Bill No. 5818, entitled
A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending section 30 (MCL 206.30), as amended by 1999 PA 181; and to repeal acts and parts of acts.
Was read a second time, and the question being on the adoption of the proposed substitute (H-3) previously recommended by the Committee on Tax Policy,
The substitute (H-3) was adopted, a majority of the members serving voting therefor.
Rep. Jellema moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed, a majority of the members voting therefor.
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. 5818, entitled
A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending section 30 (MCL 206.30), as amended by 1999 PA 181; 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. 1011 Yeas--89
Allen Ehardt Kuipers Richner
Basham Frank LaForge Rivet
Birkholz Garcia LaSata Rocca
Bishop Geiger Law Sanborn
Bogardus Gieleghem Lemmons Schermesser
Bovin Gilbert Lockwood Shackleton
Bradstreet Gosselin Martinez Sheltrown
Brater Green Mead Shulman
Brewer Hager Middaugh Spade
Brown, B. Hale Minore Stamas
Brown, C. Hansen Mortimer Switalski
Byl Hart Neumann Tabor
Callahan Howell O'Neil Tesanovich
Cassis Jacobs Pappageorge Toy
Caul Jelinek Patterson Van Woerkom
Cherry Jellema Perricone Vander Roest
Clark, I. Johnson, Rick Pestka Vaughn
Clarke, H. Johnson, Ruth Price Vear
DeHart Julian Prusi Voorhees
Dennis Kelly Pumford Wojno
DeRossett Koetje Raczkowski Woodward
DeVuyst Kowall Richardville Woronchak
DeWeese
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 1967 PA 281, entitled "Income tax act of 1967," by amending section 30 (MCL 206.30), as amended by 2000 PA 301.
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.
Reps. Allen, Basham, Bishop, Bovin, Bradstreet, Brater, Brewer, Bob Brown, Cameron Brown, Byl, Callahan, Cassis, Clarke, DeHart, DeRossett, DeWeese, Ehardt, Geiger, Gieleghem, Gilbert, Hager, Hale, Hansen, Hart, Howell, Jacobs, Jelinek, Rick Johnson, Ruth Johnson, Julian, Koetje, Kowall, Kuipers, LaSata, Law, Lemmons, Lockwood, Martinez, Mead, Middaugh, Mortimer, Neumann, O'Neil, Patterson, Pestka, Price, Prusi, Pumford, Richardville, Rivet, Rocca, Sanborn, Schermesser, Shackleton, Shulman, Spade, Tabor, Tesanovich, Toy, Van Woerkom, Vander Roest, Vaughn, Voorhees, Wojno, Woodward and Woronchak were named co-sponsors of the bill.
Second Reading of Bills
House Bill No. 4332, entitled
A bill to amend 1956 PA 218, entitled "The insurance code of 1956," (MCL 500.100 to 500.8302) by adding section 3010.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Insurance and Financial Services,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Wojno moved to amend the bill as follows:
1. Amend page 1, line 5, after "A", by striking out the balance of the line through "TRUE" on line 6.
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Basham moved to amend the bill as follows:
1. Amend page 4, following line 7, by inserting:
"Enacting section 1. This amendatory act is repealed January 1, 2005.".
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Daniels moved to amend the bill as follows:
1. Amend 4, following line 7, by inserting:
"(10) AN INSURER SHALL PAY AN INSURED'S CLAIM OR SHALL PROVIDE IN WRITING TO THE INSURED WHY A CLAIM IS NOT BEING PAID OR IS NOT BEING PAID IN FULL NOT LATER THAN 30 DAYS AFTER RECEIPT OF THE REPORT UNDER SUBSECTION (1). IF AN INSURER FAILS TO MAKE PAYMENT, THE INSURED MAY COMMENCE A CIVIL ACTION FOR PAYMENT. IF THE COURT DETERMINES THAT THE INSURER WAS UNREASONABLE IN REFUSING TO PAY, THE INSURED IS ENTITLED TO RECOVER DOUBLE THE AMOUNT OF DAMAGES PLUS COSTS AND REASONABLE ATTORNEY FEES.".
The question being on the adoption of the amendment offered by Rep. Daniels,
Rep. Lemmons demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Daniels,
The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 1012 Yeas--33
Bogardus Dennis LaForge Rivet
Bovin Frank Lemmons Sheltrown
Brater Garza Lockwood Spade
Brewer Gieleghem Martinez Switalski
Brown, B. Hale Neumann Tesanovich
Callahan Hansen O'Neil Vaughn
Clark, I. Jacobs Price Wojno
Clarke, H. Kelly Prusi Woodward
DeHart
Nays--53
Allen Gilbert Kowall Richner
Basham Gosselin Kuipers Rocca
Birkholz Green LaSata Sanborn
Bishop Hager Law Shackleton
Bradstreet Hart Mead Shulman
Brown, C. Howell Middaugh Stamas
Byl Jansen Mortimer Tabor
Cassis Jelinek Pappageorge Toy
Caul Jellema Patterson Van Woerkom
DeRossett Johnson, Rick Perricone Vander Roest
DeVuyst Johnson, Ruth Pumford Vear
Ehardt Julian Raczkowski Voorhees
Garcia Koetje Richardville Woronchak
Geiger
In The Chair: Birkholz
Rep. Raczkowski moved that consideration of the bill be postponed temporarily.
The motion prevailed.
By unanimous consent the House returned to the order of
Motions and Resolutions
Reps. Pappageorge, Raczkowski, Allen, Howell, Richner, Daniels, Jellema, Stamas, Pestka, Bovin, Neumann, Rivet, Godchaux, Gosselin, Tesanovich, Vaughn, Price, Rick Johnson, LaForge, Kelly, Brewer, Frank, Pumford, Mead, Bishop, Cameron Brown, Garcia, Shulman, Mortimer, Middaugh, Caul, Ruth Johnson, Richardville, Koetje, Julian, Tabor, DeRossett, Switalski, DeHart, Hanley, Hansen, Cherry, Wojno, Spade, Lemmons, Schermesser, Jacobs, Kuipers, Brater, Clarke, LaSata, Vander Roest, Cassis, Birkholz, Ehardt, Kilpatrick, Van Woerkom, Gieleghem, Hager, Voorhees, Toy, Kowall, DeVuyst, Vear and Sanborn offered the following resolution:
House Resolution No. 437.
A resolution declaring February 2001 as Ethnic and Cultural Heritage Month in Michigan.
Whereas, The culture of the people of the State of Michigan has been continually renewed and enriched by the many different people who have chosen to come here over many decades and become citizens; and
Whereas, Each individual brings a part of his or her own heritage which, over time, becomes part of our common heritage leading us to become a more united people; and
Whereas, Michigan is fortunate to count among its population, large numbers of citizens of numerous descents, who together make important contributions to our economy and society through their commitment to numerous professions, commerce, family, and the arts; and
Whereas, We must foster an interest in the heritage, culture, and history of all peoples and pass that understanding and knowledge on to the next generation awakening in every American community awareness of the quality of the contributions that all types of ethnicities can bring to our modern American lifestyle; now, therefore, be it
Resolved by the House of Representatives, That the members of this legislative body declare February 2001 as Ethnic and Cultural Heritage Month in the State of Michigan.
The resolution was referred to the Committee on House Oversight and Operations.
Reps. Green, Switalski, Koetje, DeHart, Hanley, Kelly, Bovin, Hansen, Cherry, Spade, Vaughn, Lemmons, Minore, Jamnick, Schermesser, Richardville, Neumann, Raczkowski, Tesanovich, Jacobs, Kuipers, Geiger, Brater, Jellema, Lockwood, Clarke, LaSata, Mead, Garcia, Howell, DeRossett, Middaugh, Pumford, Vander Roest, Tabor, Cassis, Stamas, Jansen, Jelinek, Bishop, Birkholz, Ehardt, Pappageorge, Julian, Gilbert, Kilpatrick, Van Woerkom, Sheltrown, Hager, Voorhees, Toy, Shulman, Kowall, Allen, Richner, DeVuyst, Gosselin, Vear, Sanborn, Bradstreet and Scranton offered the following resolution:
House Resolution No. 438.
A resolution honoring Jack Laurie as he retires from the Michigan Farm Bureau.
Whereas, Jack Laurie has been actively involved in agricultural issues his entire life; and
Whereas, Jack has served on the Farm Bureau Board of Directors since 1966, was the Farm Bureau Vice President from 1977 to 1986, and served with distinction as the President of the Michigan Farm Bureau from 1986 through 2000; and
Whereas, During his tenure as President, Jack has received numerous awards, including an Honorary Doctor of Agriculture Degree from Michigan State University and the 1999 Dairy Farmer of the Year; and
Whereas, Jack Laurie has served the State of Michigan in several capacities, including the Chairmanship of the Michigan State Fair Council, a member of the Michigan International Trade Coalition, and has served nationally, and most notably, as the Vice President of the American Farm Bureau Federation's board of directors; and
Whereas, Jack Laurie's active support of policy initiatives, particularly the Animal Agriculture Initiative, Project GREEEN, and Proposal A, will have a lasting positive effect on Michigan agriculture; and
Whereas, Jack, his wife Betty, and their family maintain their strong agricultural roots through the operation of their dairy and cash crop farm in Tuscola county; and
Whereas, Jack Laurie has been a leader for Michigan agriculture and for the State of Michigan as a whole; now, therefore, be it
Resolved by the House of Representatives, That this legislative body honor Jack Laurie upon his retirement from the Michigan Farm Bureau; and be it further
Resolved, That a copy of the resolution be transmitted to Jack Laurie.
Pending the reference of the resolution to a committee,
Rep. Raczkowski 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.
Reps. Gieleghem, Woodward, Switalski, Koetje, DeHart, Hanley, Kelly, Bovin, Hansen, Cherry, Wojno, Spade, Vaughn, LaForge, Lemmons, Minore, Clark, Jamnick, Callahan, Schermesser, Bogardus, Richardville, Neumann, Raczkowski, Tesanovich, Jacobs, Baird, Brater, Lockwood, Clarke, Quarles, LaSata, Mead, Howell, Birkholz, Ehardt, Pappageorge, Kilpatrick, Van Woerkom, Richner, Vear and Scranton offered the following resolution:
House Resolution No. 439.
A resolution offered in appreciation to His All Holiness Ecumenical Patriarch Bartholomew, spiritual leader of Orthodox Christians, for his three-day visit to Michigan.
Whereas, Patriarch Bartholomew has been recognized worldwide for his leadership in concern for the environment. The people of our state would like to express their thanks to His All Holiness for bringing to us his message of faith, love, peace, reconciliation, and respect for the environment in his Millennium Visit; and
Whereas, Patriarch Bartholomew has brought a new era to many Orthodox Christians around the world in promoting unity among the branches of Orthodoxy and among Christian churches; and
Whereas, We wish to join with Orthodox Christians and all the people of our state in expressing gratitude to His All Holiness Ecumenical Patriarch Bartholomew for bringing his message to the interfaith community. We join them in offering our thanks for his visit, the first Ecumenical Patriarch of Constantinople to come to Michigan. Patriarch Bartholomew's words and strengths will continue to be of the greatest value to our state long after his visit has ended; now, therefore, be it
Resolved by the House of Representatives, That we offer this expression of tribute as appreciation for Patriarch Bartholomew's historic unifying visit November 10-12, 2000; and be it further
Resolved, That a copy of this resolution be transmitted to the Greek Orthodox Diocese of Detroit in honor of the Millennium Visit of His All Holiness Ecumenical Patriarch Bartholomew.
Pending the reference of the resolution to a committee,
Rep. Raczkowski 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.
Reps. Lemmons, Switalski, DeHart, Hanley, Kelly, Bovin, Hansen, Spade, Vaughn, LaForge, Clark, Jamnick, Schermesser, Bogardus, Daniels, Neumann, Tesanovich, Jacobs, Baird, Brater, Clarke, Quarles, LaSata, Garza, Ehardt, Kilpatrick, Gieleghem and Vear offered the following resolution:
House Resolution No. 440.
A resolution honoring Carl Brashear.
Whereas, Carl Brashear is a man of humble origins born in Hardin County, Kentucky in 1931 to Gonzella and McDonald Brashear on land sharecropped by his parents. The crippling effect of the poverty of that period in American history was made worse by the set of restrictions that became known as the "Jim Crow Laws". Despite these hurdles, Carl Brashear persevered and went on to become one of the United States' fighting men by enlisting in the United States Navy in 1948; and
Whereas, Life for African-Americans in the Navy was difficult. He was able to overcome the restrictions imposed by those kowtowing to racial bigotry and discrimination. In 1954, Carl Brashear was enrolled into the Naval Institute where he would learn, among other things, the science of deep sea diving; and
Whereas, In 1964, Carl Brashear graduated number three from the Naval Institute and went on to serve aboard the USS Shakori and the USS Hoist. It was while working on the USS Hoist that he was called to recover a nuclear bomb lost off the coast of Spain. There he was badly injured and his leg amputated; and
Whereas, Carl Brashear refused to submit the to medical boards, that would have retired him as "unfit for duty", choosing instead to continue diving despite his handicap. After demonstrating that he could still dive and perform his other duties, he went on to serve in the Harbor Clearance Unit, Naval Air Station, Norfolk Virginia, the submarine, Hunley, the USS Recovery, and the Naval Safety Center; and
Whereas, In 1970, Carl Brashear became the first black Master Diver in the history of the U.S. Navy and his life story has inspired the movie "Men of Honor". Furthermore, Carl Brashear has been added to the pantheon of heroes that "Never Say Die"; now, therefore, be it
Resolved by the House of Representatives, That this legislative body honor Carl Brashear on being the first black Master Diver in the history of the U.S. Navy; and be it further
Resolved, That a copy of this resolution be transmitted to Carl Brashear as a token of our esteem.
Pending the reference of the resolution to a committee,
Rep. Raczkowski 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.
Reports of Standing Committees
The Committee on Veterans Affairs, by Rep. Richardville, Chair, reported
House Bill No. 6139, entitled
A bill to name a certain portion of highway I-69 the "Pearl Harbor Memorial Highway"; and to prescribe certain duties of the state transportation department.
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 6139 To Report Out:
Yeas: Reps. Richardville, Ehardt, Allen, Garcia, Bovin,
Nays: None.
The Committee on Veterans Affairs, by Rep. Richardville, Chair, reported
Senate Bill No. 1172, entitled
A bill to amend 1967 PA 150, entitled "Michigan military act," by repealing section 421 (MCL 32.821).
With the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
SB 1172 To Report Out:
Yeas: Reps. Richardville, Ehardt, Allen, Garcia,
Nays: None.
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Richardville, Chair of the Committee on Veterans Affairs, was received and read:
Meeting held on: Thursday, November 30, 2000, at 9:00 a.m.,
Present: Reps. Richardville, Ehardt, Allen, Garcia, Bovin,
Absent: Reps. Schermesser, Mans,
Excused: Reps. Schermesser, Mans.
The Committee on Conservation and Outdoor Recreation, by Rep. DeVuyst, Chair, reported
House Bill No. 6153, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 41701, 41702, 41703, 41704, 41706, 41707, 41708, 41710, 41712, and 43530 (MCL 324.41701, 324.41702, 324.41703, 324.41704, 324.41706, 324.41707, 324.41708, 324.41710, 324.41712, and 324.43530), sections 41701, 41702, 41703, 41704, 41706, 41707, 41708, 41710, and 41712 as added by 1995 PA 57 and section 43530 as amended by 1996 PA 585.
With the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
HB 6153 To Report Out:
Yeas: Reps. DeVuyst, DeRossett, Allen, Green, Middaugh, Sanborn, Basham, Brater, Gieleghem, Sheltrown,
Nays: None.
The Committee on Conservation and Outdoor Recreation, by Rep. DeVuyst, Chair, reported
Senate Bill No. 1343, entitled
A bill to authorize the department of natural resources to convey certain state owned property in Macomb county; to prescribe conditions for the conveyance; and to provide for disposition of the revenue from the conveyance.
With the recommendation that the substitute (H-1) be adopted and that the bill then pass.
The bill and substitute were referred to the order of Second Reading of Bills.
Favorable Roll Call
SB 1343 To Report Out:
Yeas: Reps. DeVuyst, Tabor, DeRossett, Green, Middaugh, Basham, Gieleghem, Sheltrown,
Nays: None.
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. DeVuyst, Chair of the Committee on Conservation and Outdoor Recreation, was received and read:
Meeting held on: Thursday, November 30, 2000, at 8:00 a.m.,
Present: Reps. DeVuyst, Tabor, DeRossett, Allen, Green, Middaugh, Sanborn, Basham, Brater, Gieleghem, Sheltrown,
Absent: Reps. Kowall, Patterson, Callahan, Mans,
Excused: Reps. Kowall, Patterson, Callahan, Mans.
The Committee on Agriculture and Resource Management, by Rep. Green, Chair, reported
House Bill No. 5585, entitled
A bill to amend 1984 PA 44, entitled "Motor fuels quality act," by amending section 4a (MCL 290.644a), as added by 1986 PA 127.
With the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
HB 5585 To Report Out:
Yeas: Reps. Green, Julian, Bradstreet, DeVuyst, Ehardt, Howell, Rick Johnson, Vear, Brater, Bogardus, Hansen, LaForge, Rivet, Sheltrown, Spade,
Nays: None.
The Committee on Agriculture and Resource Management, by Rep. Green, Chair, reported
House Bill No. 5586, entitled
A bill to amend 1974 PA 181, entitled "An act to provide for the testing, condemnation and disposal of livestock and livestock products; to provide for the testing of certain livestock; to provide for the quarantine of certain livestock; to prescribe the conditions of condemnation; to provide for the indemnification of owners of quarantined or disposed livestock or livestock products; to provide for recovery of the costs of testing, condemnation, disposal, and indemnification; and to prescribe the powers and duties of the department of agriculture," by amending sections 3b and 7 (MCL 287.73b and 287.77); 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.
Favorable Roll Call
HB 5586 To Report Out:
Yeas: Reps. Green, Julian, Bradstreet, DeVuyst, Ehardt, Howell, Rick Johnson, Vear, Brater, Bogardus, Hansen, LaForge, Rivet, Sheltrown, Spade,
Nays: None.
The Committee on Agriculture and Resource Management, by Rep. Green, Chair, reported
Senate Bill No. 795, entitled
A bill to amend 1978 PA 90, entitled "Youth employment standards act," by amending section 11 (MCL 409.111), as amended by 1996 PA 499.
With the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
SB 795 To Report Out:
Yeas: Reps. Green, Julian, Bradstreet, DeRossett, DeVuyst, Ehardt, Howell, Rick Johnson, Vear,
Nays: Reps. Brater, Bogardus, Hansen, LaForge, Rivet, Sheltrown.
The Committee on Agriculture and Resource Management, by Rep. Green, Chair, reported
Senate Bill No. 1078, entitled
A bill to amend 1917 PA 74, entitled "An act to fix standards for climax baskets for grapes and other fruits and vegetables, and to fix standards for baskets and other containers for small fruits, berries, and vegetables, and to punish violations of the same," by amending section 4 (MCL 290.134).
With the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
SB 1078 To Report Out:
Yeas: Reps. Green, Julian, Bradstreet, DeVuyst, Ehardt, Howell, Rick Johnson, Vear, Brater, Bogardus, Hansen, LaForge, Rivet, Sheltrown, Spade,
Nays: None.
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Green, Chair of the Committee on Agriculture and Resource Management, was received and read:
Meeting held on: Thursday, November 30, 2000, at 9:00 a.m.,
Present: Reps. Green, Julian, Bradstreet, DeRossett, DeVuyst, Ehardt, Howell, Rick Johnson, Vear, Brater, Bogardus, Hansen, LaForge, Rivet, Sheltrown, Spade,
Absent: Rep. Koetje,
Excused: Rep. Koetje.
The Committee on Local Government and Urban Policy, by Rep. Hager, Vice-Chair, reported
Senate Bill No. 764, entitled
A bill to amend 1945 PA 327, entitled "Aeronautics code of the state of Michigan," by amending sections 9 and 151 (MCL 259.9 and 259.151), as amended by 1996 PA 370.
With the recommendation that the substitute (H-1) be adopted and that the bill then pass.
The bill and substitute were referred to the order of Second Reading of Bills.
Favorable Roll Call
SB 764 To Report Out:
Yeas: Reps. Hager, DeWeese, Vander Roest, Lockwood, Jamnick, Minore,
Nays: None.
The Committee on Local Government and Urban Policy, by Rep. Hager, Vice-Chair, reported
Senate Bill No. 765, entitled
A bill to amend 1921 PA 207, entitled "City and village zoning act," by amending sections 1, 4, and 20 (MCL 125.581, 125.584, and 125.600), section 1 as amended by 1995 PA 36 and section 20 as added by 1996 PA 571.
With the recommendation that the substitute (H-1) be adopted and that the bill then pass.
The bill and substitute were referred to the order of Second Reading of Bills.
Favorable Roll Call
SB 765 To Report Out:
Yeas: Reps. Hager, DeWeese, Julian, Vander Roest, Lockwood, Jamnick, Minore,
Nays: None.
The Committee on Local Government and Urban Policy, by Rep. Hager, Vice-Chair, reported
Senate Bill No. 1292, entitled
A bill to amend 1968 PA 2, entitled "Uniform budgeting and accounting act," by amending sections 1, 2a, 2b, 2c, 2d, 4, 7, 8, 14, 15, 16, 17, 18, 19, and 20 (MCL 141.421, 141.422a, 141.422b, 141.422c, 141.422d, 141.424, 141.427, 141.428, 141.434, 141.435, 141.436, 141.437, 141.438, 141.439, and 141.440), sections 1 and 7 as amended by 1982 PA 451, sections 2b and 4 as amended by 1996 PA 439, section 2d as amended by 1999 PA 142, section 8 as amended by 1996 PA 400, section 15 as amended by 1981 PA 77, and sections 16 and 17 as amended by 1995 PA 41.
With the recommendation that the substitute (H-1) be adopted and that the bill then pass.
The bill and substitute were referred to the order of Second Reading of Bills.
Favorable Roll Call
SB 1292 To Report Out:
Yeas: Reps. Hager, DeWeese, Julian, Vander Roest, Lockwood, Jamnick, Minore,
Nays: None.
The Committee on Local Government and Urban Policy, by Rep. Hager, Vice-Chair, reported
Senate Bill No. 1337, entitled
A bill to authorize the state administrative board to convey certain state owned property in Jackson county in exchange for certain other parcels in Jackson county; to prescribe certain conditions for that exchange; and to provide for certain powers and duties of the department of management and budget, the department of corrections, and the attorney general in regard to that exchange.
With the recommendation that the substitute (H-1) be adopted and that the bill then pass.
The bill and substitute were referred to the order of Second Reading of Bills.
Favorable Roll Call
SB 1337 To Report Out:
Yeas: Reps. Hager, Bishop, Julian, Tabor, Vander Roest, Lockwood, Jamnick, Minore,
Nays: None.
The Committee on Local Government and Urban Policy, by Rep. Hager, Vice-Chair, reported
Senate Bill No. 1365, entitled
A bill to authorize the department of management and budget to convey certain state owned property in the county of Jackson in exchange for certain other property in the county of Jackson.
With the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
SB 1365 To Report Out:
Yeas: Reps. Hager, Bishop, Julian, Tabor, Vander Roest, Lockwood, Jamnick, Minore,
Nays: None.
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Hager, Vice-Chair of the Committee on Local Government and Urban Policy, was received and read:
Meeting held on: Thursday, November 30, 2000, at 9:00 a.m.,
Present: Reps. Birkholz, Hager, Bishop, DeWeese, Julian, Tabor, Vander Roest, Lockwood, Jamnick, Minore,
Absent: Rep. Reeves,
Excused: Rep. Reeves.
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, November 30:
House Bill Nos. 6170 6171
The Clerk announced that the following Senate bills had been received on Thursday, November 30:
Senate Bill Nos. 1046 1116
By unanimous consent the House returned to the order of
Messages from the Senate
Senate Bill No. 1046, entitled
A bill to amend 1995 PA 24, entitled "Michigan economic growth authority act," by amending section 3 (MCL 207.803), as amended by 2000 PA 144.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Economic Development.
Senate Bill No. 1116, entitled
A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending sections 448, 449, 450, 451, and 462 (MCL 750.448, 750.449, 750.450, 750.451, and 750.462) and by adding section 465a.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Constitutional Law and Ethics.
House Concurrent Resolution No. 114.
A concurrent resolution approving the conveyance of property to the State Building Authority and approving a lease among the State of Michigan, the State Building Authority, and Charles Stewart Mott Community College relative to the Charles Stewart Mott Community College Regional Technology Center.
(For text of resolution, see House Journal No. 61, p. 2210.)
The Senate has adopted the concurrent resolution Senator Young was named co-sponsor of the concurrent resolution.
The concurrent resolution was referred to the Clerk for record.
House Concurrent Resolution No. 115.
A concurrent resolution approving the conveyance of property to the State Building Authority and approving a lease among the State of Michigan, the State Building Authority, and Northern Michigan University relative to the Northern Michigan University West Science Building Remodeling (Phase II).
(For text of resolution, see House Journal No. 61, p. 2211.)
The Senate has adopted the concurrent resolution Senator Young was named co-sponsor of the concurrent resolution.
The concurrent resolution was referred to the Clerk for record.
House Concurrent Resolution No. 117.
A concurrent resolution approving the conveyance of property to the State Building Authority and approving a lease between the State of Michigan and the State Building Authority relative to the Department of Corrections Camp Pugsley Additional Housing Units.
(For text of resolution, see House Journal No. 61, p. 2213.)
The Senate has adopted the concurrent resolution Senator Young was named co-sponsor of the concurrent resolution.
The concurrent resolution was referred to the Clerk for record.
House Concurrent Resolution No. 118.
A concurrent resolution approving the conveyance of property to the State Building Authority and approving a lease between the State of Michigan and the State Building Authority relative to the Department of Corrections Multilevel Correctional Facility at Ionia.
(For text of resolution, see House Journal No. 61, p. 2214.)
The Senate has adopted the concurrent resolution Senator Young was named co-sponsor of the concurrent resolution.
The concurrent resolution was referred to the Clerk for record.
House Concurrent Resolution No. 121.
A concurrent resolution to change the scope of the Pharmacy Building project at Wayne State University.
(For text of resolution, see House Journal No. 63, p. 2304.)
The Senate has adopted the concurrent resolution Senator Young was named co-sponsor of the concurrent resolution.
The concurrent resolution was referred to the Clerk for record.
Introduction of Bills
Reps. Bisbee, Cassis, Rocca and Voorhees introduced
House Bill No. 6172, entitled
A bill to amend 1975 PA 228, entitled "Single business tax act," (MCL 208.1 208.145) by adding section 31e.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Rep. Bisbee introduced
House Bill No. 6173, entitled
A bill to amend 1937 PA 94, entitled "Use tax act," by amending section 14 (MCL 205.104), as amended by 1986 PA 41.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Reps. Ruth Johnson, Toy, Rocca and Gosselin introduced
House Bill No. 6174, entitled
A bill to amend 1954 PA 116, entitled "Michigan election law," by amending sections 358a, 635, 649, and 707 (MCL 168.358a, 168.635, 168.649, and 168.707), section 358a as amended by 1990 PA 235 and section 707 as amended by 1994 PA 152; and to repeal acts and parts of acts.
The bill was read a first time by its title and referred to the Committee on Constitutional Law and Ethics.
Reps. Ruth Johnson, Toy, Rocca and Gosselin introduced
House Bill No. 6175, entitled
A bill to amend 1923 PA 116, entitled "Township and village public improvement and public service act," by amending section 6a (MCL 41.416a), as added by 1989 PA 82.
The bill was read a first time by its title and referred to the Committee on Constitutional Law and Ethics.
Reps. Ruth Johnson, Toy, Rocca and Gosselin introduced
House Bill No. 6176, entitled
A bill to amend 1909 PA 278, entitled "The home rule village act," by amending sections 4, 7, 14, 17, and 26 (MCL 78.4, 78.7, 78.14, 78.17, and 78.26), section 26 as amended by 1995 PA 211.
The bill was read a first time by its title and referred to the Committee on Constitutional Law and Ethics.
Rep. Garcia introduced
House Bill No. 6177, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 303, 319, 320a, 625, 625m, 732, and 904d (MCL 257.303, 257.319, 257.320a, 257.625, 257.625m, 257.732, and 257.904d), sections 303 and 732 as amended by 1999 PA 73, section 319 as amended by 2000 PA 152, section 320a as amended by 1999 PA 40, section 625 as amended by 2000 PA 77, section 625m as amended by 1998 PA 347, and section 904d as amended by 1999 PA 267.
The bill was read a first time by its title and referred to the Committee on Transportation.
By unanimous consent the House returned to the order of
Notices
I hereby replace Rep. Schermesser with Rep. Bovin on the Conference Committee for House Bill No. 4335.
Rep. Perricone
By unanimous consent the House returned to the order of
Second Reading of Bills
House Bill No. 5684, entitled
A bill to amend 1846 RS 83, entitled "Of marriage and the solemnization thereof," by amending sections 7 and 16 (MCL 551.7 and 551.16), section 7 as amended by 1983 PA 64.
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. Bradstreet moved to amend the bill as follows:
1. Amend page 2, line 20, after the first "A" by inserting "MINISTER OF THE GOSPEL, RABBI, PRIEST, IMAM, OR OTHER".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Brater 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. 5684, entitled
A bill to amend 1846 RS 83, entitled "Of marriage and the solemnization thereof," by amending sections 7 and 16 (MCL 551.7 and 551.16), section 7 as amended by 1983 PA 64.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1013 Yeas--91
Allen Ehardt Kowall Rivet
Basham Frank Kuipers Rocca
Birkholz Garcia LaForge Sanborn
Bishop Garza LaSata Schauer
Bogardus Gieleghem Law Schermesser
Bovin Gilbert Lemmons Shackleton
Bradstreet Gosselin Lockwood Sheltrown
Brater Green Martinez Shulman
Brewer Hager Mead Spade
Brown, B. Hale Middaugh Stamas
Brown, C. Hanley Minore Switalski
Byl Hansen Neumann Tabor
Callahan Hart O'Neil Tesanovich
Cassis Howell Pappageorge Toy
Caul Jacobs Patterson Van Woerkom
Cherry Jansen Perricone Vander Roest
Clark, I. Jelinek Pestka Vaughn
Clarke, H. Jellema Price Vear
DeHart Johnson, Rick Prusi Voorhees
Dennis Johnson, Ruth Pumford Wojno
DeRossett Julian Raczkowski Woodward
DeVuyst Kelly Richardville Woronchak
DeWeese Koetje Richner
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
House Bill No. 5685, entitled
A bill to amend 1887 PA 128, entitled "An act establishing the minimum ages for contracting marriages; to require a civil license in order to marry and its registration; to provide for the implementation of federal law; and to provide a penalty for the violation of this act," by amending sections 1, 3, 4, and 6 (MCL 551.101, 551.103, 551.104, and 551.106), section 3 as amended by 1984 PA 346.
The bill was read a second time.
Rep. Brater moved to amend the bill as follows:
1. Amend page 6, line 2, after the first "No." by striking out the balance of the line through "04796'99 *)" on line 3 and inserting "5684".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Brater 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. 5685, entitled
A bill to amend 1887 PA 128, entitled "An act establishing the minimum ages for contracting marriages; to require a civil license in order to marry and its registration; to provide for the implementation of federal law; and to provide a penalty for the violation of this act," by amending sections 1, 3, 4, and 6 (MCL 551.101, 551.103, 551.104, and 551.106), section 3 as amended by 1984 PA 346.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1014 Yeas--92
Allen Ehardt Kowall Richner
Basham Frank Kuipers Rivet
Birkholz Garcia LaForge Rocca
Bishop Garza LaSata Sanborn
Bogardus Gieleghem Law Schauer
Bovin Gilbert Lemmons Schermesser
Bradstreet Gosselin Lockwood Shackleton
Brater Green Martinez Sheltrown
Brewer Hager Mead Shulman
Brown, B. Hale Middaugh Spade
Brown, C. Hanley Minore Stamas
Byl Hansen Mortimer Switalski
Callahan Hart Neumann Tabor
Cassis Howell O'Neil Tesanovich
Caul Jacobs Pappageorge Toy
Cherry Jansen Patterson Van Woerkom
Clark, I. Jelinek Perricone Vander Roest
Clarke, H. Jellema Pestka Vaughn
DeHart Johnson, Rick Price Vear
Dennis Johnson, Ruth Prusi Voorhees
DeRossett Julian Pumford Wojno
DeVuyst Kelly Raczkowski Woodward
DeWeese Koetje Richardville Woronchak
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
The House returned to the consideration of
House Bill No. 4332, entitled
A bill to amend 1956 PA 218, entitled "The insurance code of 1956," (MCL 500.100 to 500.8302) by adding section 3010.
(The bill was considered earlier today, see today's journal, p. 2458.)
Rep. Wojno moved to amend the bill as follows:
1. Amend page 4, line 4, by striking out all of subsection (9).
The question being on the adoption of the amendment offered by Rep. Wojno,
Rep. Wojno demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Wojno,
The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 1015 Yeas--38
Basham DeHart LaForge Schauer
Bogardus Dennis Lemmons Schermesser
Bovin Frank Martinez Sheltrown
Brater Garza Minore Spade
Brewer Gieleghem Neumann Switalski
Brown, B. Hale Pestka Tesanovich
Callahan Hanley Price Vaughn
Cherry Hansen Prusi Wojno
Clark, I. Jacobs Rivet Woodward
Clarke, H. Kelly
Nays--54
Allen Gilbert LaSata Richner
Birkholz Gosselin Law Rocca
Bishop Green Lockwood Sanborn
Bradstreet Hager Mead Shackleton
Brown, C. Hart Middaugh Shulman
Byl Jansen Mortimer Stamas
Cassis Jelinek O'Neil Tabor
Caul Jellema Pappageorge Toy
DeRossett Johnson, Rick Patterson Van Woerkom
DeVuyst Johnson, Ruth Perricone Vander Roest
DeWeese Julian Pumford Vear
Ehardt Koetje Raczkowski Voorhees
Garcia Kowall Richardville Woronchak
Geiger Kuipers
In The Chair: Birkholz
Rep. Raczkowski moved to reconsider the vote by which the House did not adopt the amendment offered previously by Rep. Wojno.
The motion prevailed, a majority of the members present voting therefore.
The question being on the adoption of the amendment offered previously by Rep. Wojno,
The amendment was adopted, a majority of the members serving voting therefor.
Rep. Wojno moved to amend the bill as follows:
1. Amend page 4, line 7, after "SECTION" by inserting "UNLESS THE INSURER OR AN AGENT OR EMPLOYEE OF THE INSURER FAILS TO DEAL FAIRLY AND IN GOOD FAITH WITH THE INSURED".
The question being on the adoption of the amendment offered by Rep. Wojno,
Rep. Wojno demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Wojno,
The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 1016 Yeas--33
Basham Frank Lemmons Schermesser
Bovin Gieleghem Martinez Sheltrown
Brater Hale Minore Spade
Brewer Hanley Neumann Switalski
Brown, B. Hansen Pestka Tesanovich
Callahan Jacobs Price Vaughn
Clark, I. Kelly Prusi Wojno
Clarke, H. LaForge Rivet Woodward
Dennis
Nays--55
Allen Gilbert Kuipers Richner
Birkholz Gosselin LaSata Rocca
Bishop Green Law Sanborn
Bradstreet Hager Lockwood Shackleton
Brown, C. Hart Mead Shulman
Byl Howell Middaugh Stamas
Cassis Jansen Mortimer Tabor
Caul Jelinek O'Neil Toy
DeRossett Jellema Pappageorge Van Woerkom
DeVuyst Johnson, Rick Patterson Vander Roest
DeWeese Johnson, Ruth Perricone Vear
Ehardt Julian Pumford Voorhees
Garcia Koetje Raczkowski Woronchak
Geiger Kowall Richardville
In The Chair: Birkholz
Rep. Basham moved to amend the bill as follows:
1. Amend page 2, line 6, after "TOWNSHIP." by inserting "IF THE INSURER OR THE FIRE OR LAW ENFORCEMENT AUTHORITY DESIGNATED BY THE CITY, VILLAGE, OR TOWNSHIP DETERMINES THAT THE FIRE OR EXPLOSION MAY NOT BE ACCIDENTAL, THE INSURER OR THE FIRE OR LAW ENFORCEMENT AUTHORITY DESIGNATED BY THE CITY, VILLAGE, OR TOWNSHIP SHALL NOTIFY THE INSURED OF THE REQUIREMENT FOR A REPORT UNDER THIS SECTION BY NOT LATER THAN 30 DAYS AFTER THE DETERMINATION BY THE INSURER OR THE FIRE OR LAW ENFORCEMENT AUTHORITY DESIGNATED BY THE CITY, VILLAGE, OR TOWNSHIP.".
The question being on the adoption of the amendment offered by Rep. Basham,
Rep. Basham demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Basham,
The amendment was adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1017 Yeas--89
Allen Frank Kowall Richardville
Basham Garcia Kuipers Richner
Birkholz Garza LaForge Rocca
Bishop Geiger LaSata Sanborn
Bovin Gieleghem Law Schermesser
Bradstreet Gilbert Lemmons Shackleton
Brater Gosselin Lockwood Sheltrown
Brewer Green Martinez Shulman
Brown, B. Hager Mead Spade
Brown, C. Hale Middaugh Stamas
Byl Hanley Minore Switalski
Callahan Hansen Mortimer Tabor
Cassis Hart Neumann Tesanovich
Caul Howell O'Neil Toy
Cherry Jacobs Pappageorge Van Woerkom
Clark, I. Jansen Patterson Vander Roest
Clarke, H. Jelinek Perricone Vaughn
DeHart Johnson, Rick Pestka Vear
Dennis Johnson, Ruth Price Voorhees
DeRossett Julian Prusi Wojno
DeVuyst Kelly Pumford Woodward
DeWeese Koetje Raczkowski Woronchak
Ehardt
Nays--0
In The Chair: Birkholz
Rep. Richner 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. DeHart moved that Rep. Schermesser 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. 4332, entitled
A bill to amend 1956 PA 218, entitled "The insurance code of 1956," (MCL 500.100 to 500.8302) by adding section 3010.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1018 Yeas--86
Allen Garcia Kuipers Richardville
Birkholz Garza LaForge Richner
Bishop Geiger LaSata Rivet
Bovin Gieleghem Law Rocca
Bradstreet Gilbert Lemmons Sanborn
Brater Gosselin Lockwood Schauer
Brewer Green Martinez Shackleton
Brown, B. Hager Mead Sheltrown
Brown, C. Hale Middaugh Shulman
Byl Hansen Minore Spade
Callahan Hart Mortimer Stamas
Cassis Howell Neumann Switalski
Caul Jacobs O'Neil Tabor
Cherry Jansen Pappageorge Tesanovich
Clark, I. Jelinek Patterson Toy
DeHart Jellema Perricone Van Woerkom
Dennis Johnson, Rick Pestka Vander Roest
DeRossett Johnson, Ruth Price Vear
DeVuyst Julian Prusi Voorhees
DeWeese Kelly Pumford Woodward
Ehardt Koetje Raczkowski Woronchak
Frank Kowall
Nays--4
Basham Clarke, H. Vaughn Wojno
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. Allen, Callahan, DeRossett, Julian, O'Neil and Woodward were named co-sponsors of the bill.
Associate Speaker Pro Tempore Patterson resumed the Chair.
Rep. Price asked and obtained an excuse from the balance of today's session.
Rep. Frank asked and obtained a temporary excuse from today's session.
Second Reading of Bills
The House returned to the consideration of
Senate Bill No. 260, entitled
A bill to amend 1980 PA 350, entitled "The nonprofit health care corporation reform act," (MCL 550.1101 to 550.1704) by adding section 416b.
(The bill was considered earlier today, see today's journal, p. 2455.)
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. 260, entitled
A bill to amend 1980 PA 350, entitled "The nonprofit health care corporation reform act," (MCL 550.1101 to 550.1704) by adding section 416b.
The bill was read a third time.
The question being on the passage of the bill,
Rep. Raczkowski moved to reconsider the vote by which the House placed the bill on the order of Third Reading of Bills.
The motion prevailed, a majority of the members present voting therefore.
Second Reading of Bills
The House returned to the consideration of
Senate Bill No. 260, entitled
A bill to amend 1980 PA 350, entitled "The nonprofit health care corporation reform act," (MCL 550.1101 to 550.1704) by adding section 416b.
(The bill was considered earlier today, see today's journal, p. 2473.)
Rep. Raczkowski moved to reconsider the vote by which the House did not adopt the substitute (H-3) offered previously by Rep. Koetje.
The motion prevailed, a majority of the members present voting therefore.
The question being on the adoption of the substitute (H-3) offered previously by Rep. Koetje,
Rep. Neumann demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the substitute (H-3) offered previously by Reps. Koetje,
The substitute (H-3) was adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1019 Yeas--59
Allen Gilbert LaSata Rivet
Birkholz Gosselin Law Rocca
Bishop Green Lockwood Sanborn
Bradstreet Hager Mead Schauer
Brown, C. Hart Middaugh Shulman
Byl Howell Minore Stamas
Cassis Jansen Mortimer Switalski
Caul Jelinek O'Neil Tabor
Cherry Jellema Pappageorge Toy
DeRossett Johnson, Rick Patterson Van Woerkom
DeVuyst Johnson, Ruth Perricone Vander Roest
DeWeese Julian Pumford Vear
Ehardt Koetje Raczkowski Voorhees
Garcia Kowall Richardville Woronchak
Geiger LaForge Richner
Nays--24
Bovin Clarke, H. Hansen Prusi
Brater Dennis Jacobs Sheltrown
Brewer Frank Kelly Spade
Brown, B. Garza Kuipers Tesanovich
Callahan Gieleghem Martinez Vaughn
Clark, I. Hale Neumann Woodward
In The Chair: Patterson
Rep. Raczkowski moved to amend the bill as follows:
1. Amend page 2, following line 20, by inserting:
"Enacting section 1. This amendatory act does not take effect unless House Bill No. 6095 of the 90th Legislature is enacted into law.".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Schauer moved to amend the bill as follows:
1. Amend page 1, line 3, after "EQUIPMENT" by striking out "AND SUPPLIES" and inserting a comma and "SUPPLIES, AND EDUCATIONAL TRAINING".
2. Amend page 2, following line 7, by inserting:
"(J) DIABETES SELF-MANAGEMENT TRAINING TO ENSURE THAT PERSONS WITH DIABETES ARE TRAINED AS TO THE PROPER SELF-MANAGEMENT AND TREATMENT OF THEIR DIABETIC CONDITION, INCLUDING INFORMATION ON MEDICAL NUTRITION THERAPY.".
The motion prevailed and the amendments were 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. 260, entitled
A bill to amend 1980 PA 350, entitled "The nonprofit health care corporation reform act," (MCL 550.1101 to 550.1704) by adding section 416b.
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. 1020 Yeas--75
Allen Frank Kowall Rivet
Basham Garcia Kuipers Rocca
Birkholz Geiger LaSata Sanborn
Bishop Gieleghem Law Schauer
Bovin Gilbert Lockwood Shackleton
Bradstreet Gosselin Mead Shulman
Brewer Green Middaugh Spade
Brown, B. Hager Minore Stamas
Brown, C. Hanley Mortimer Switalski
Byl Hansen Neumann Tabor
Cassis Hart O'Neil Tesanovich
Caul Howell Pappageorge Toy
Cherry Jansen Patterson Van Woerkom
Clarke, H. Jelinek Perricone Vander Roest
DeHart Jellema Pestka Vaughn
DeRossett Johnson, Rick Pumford Vear
DeVuyst Johnson, Ruth Raczkowski Voorhees
DeWeese Julian Richardville Woronchak
Ehardt Koetje Richner
Nays--11
Brater Hale LaForge Sheltrown
Clark, I. Jacobs Martinez Woodward
Garza Kelly Prusi
In The Chair: Patterson
Pursuant to Joint Rule 20, the full title of the act shall be inserted to 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.
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. 261, entitled
A bill to amend 1956 PA 218, entitled "The insurance code of 1956," (MCL 500.100 to 500.8302) by adding section 3406n.
(The bill was discharged from the Committee on Insurance and Financial Services on November 29, see House Journal No. 66, p. 2378.)
The bill was read a second time.
Rep. Koetje moved to substitute (H-3) the bill.
The question being on the adoption of the substitute (H-3) offered by Rep. Koetje,
Rep. Schauer demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the substitute (H-3) offered by Rep. Koetje,
The substitute (H-3) was adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1021 Yeas--64
Allen Garcia Kuipers Richner
Basham Geiger LaSata Rivet
Birkholz Gilbert Law Rocca
Bishop Gosselin Lockwood Sanborn
Bradstreet Green Mead Schauer
Brown, C. Hager Middaugh Shackleton
Byl Hart Mortimer Shulman
Cassis Howell Neumann Spade
Caul Jansen O'Neil Stamas
Cherry Jelinek Pappageorge Switalski
Clarke, H. Jellema Patterson Tabor
DeRossett Johnson, Rick Perricone Toy
DeVuyst Johnson, Ruth Pestka Van Woerkom
DeWeese Julian Pumford Vander Roest
Ehardt Koetje Raczkowski Voorhees
Frank Kowall Richardville Wojno
Nays--22
Bovin Dennis Jacobs Prusi
Brater Garza Kelly Sheltrown
Brewer Gieleghem Lemmons Tesanovich
Brown, B. Hale Martinez Vaughn
Callahan Hanley Minore Woodward
Clark, I. Hansen
In The Chair: Patterson
Rep. Raczkowski moved to amend the bill as follows:
1. Amend page 3, following line 5, by inserting:
"Enacting section 1. This amendatory act does not take effect unless House Bill No. 6095 of the 90th Legislature in enacted into law.".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Schauer moved to amend the bill as follows:
1. Amend page 1, line 5, after "EQUIPMENT" by striking out "AND SUPPLIES" and inserting a comma and "SUPPLIES, AND EDUCATIONAL TRAINING".
2. Amend page 2, following line 8, by inserting:
"(H) DIABETES SELF-MANAGEMENT TRAINING TO ENSURE THAT PERSONS WITH DIABETES ARE TRAINED AS TO THE PROPER SELF-MANAGEMENT AND TREATMENT OF THEIR DIABETIC CONDITION, INCLUDING INFORMATION ON MEDICAL NUTRITION THERAPY.".
The motion prevailed and the amendments were 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. 261, entitled
A bill to amend 1956 PA 218, entitled "The insurance code of 1956," (MCL 500.100 to 500.8302) by adding section 3406n.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1022 Yeas--74
Allen Ehardt LaSata Rocca
Basham Frank Law Sanborn
Birkholz Garcia Lockwood Schauer
Bishop Geiger Mead Shackleton
Bovin Gieleghem Middaugh Shulman
Bradstreet Gilbert Minore Spade
Brewer Gosselin Mortimer Stamas
Brown, B. Green Neumann Switalski
Brown, C. Hager O'Neil Tabor
Byl Hansen Pappageorge Tesanovich
Callahan Howell Patterson Toy
Cassis Jansen Perricone Van Woerkom
Caul Jelinek Pestka Vander Roest
Cherry Jellema Pumford Vaughn
Clarke, H. Johnson, Rick Raczkowski Vear
DeHart Julian Richardville Voorhees
DeRossett Koetje Richner Wojno
DeVuyst Kowall Rivet Woronchak
DeWeese Kuipers
Nays--13
Brater Hart LaForge Prusi
Clark, I. Jacobs Lemmons Sheltrown
Garza Kelly Martinez Woodward
Hale
In The Chair: Patterson
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 1956 PA 218, entitled "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 regulation over worker's compensation self-insurers; 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 acts and parts of acts; and to provide penalties for the violation of this act," (MCL 500.100 to 500.8302) by adding section 3406p.
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. Raczkowski moved that when the House adjourns today it stand adjourned until Tuesday, December 5, at 10:00 a.m.
The motion prevailed.
Rep. Middaugh moved that the House adjourn.
The motion prevailed, the time being 11:00 p.m.
Associate Speaker Pro Tempore Patterson declared the House adjourned until Tuesday, December 5, at 10:00 a.m.
GARY L. RANDALL
Clerk of the House of Representatives.