<<

No. 63 STATE OF MICHIGAN JOURNAL OF THE House of Representatives 90th Legislature REGULAR SESSION OF 1999

House Chamber, Lansing, Thursday, September 30, 1999.

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 Frank—present Kuipers—present Rison—excused Baird—present Garcia—present Kukuk—present Rivet—present Basham—present Garza—present LaForge—present Rocca—present Birkholz—present Geiger—e/d/s Kukuk—present Sanborn—present Bisbee—present Gieleghem—present Law—present Schauer—present Bishop—present Gilbert—present Lemmons—present Schermesser—excused Bogardus—present Godchaux—present Lockwood—present Scott—present Bovin—present Gosselin—present Mans—excused Scranton—present Bradstreet—present Green—present Martinez—present Shackleton—present Brater—present Hager—present Mead—present Sheltrown—present Brewer—present Hale—present Middaugh—present Shulman—present Brown, Bob—present Hanley—present Minore—present Spade—present Brown, Cameron—present Hansen—present Mortimer—present Stallworth—present Byl—present Hardman—present Neumann—present Stamas—present Callahan—present Hart—present O’Neil—present Switalski—present Cassis—present Howell—present Pappageorge—present Tabor—present Caul—present Jacobs—present Patterson—present Tesanovich—present Cherry—excused Jamnick—present Perricone—present Thomas—present Clark—present Jansen—present Pestka—present Toy—present Clarke—present Jelinek—present Price—present Vander Roest—present Daniels—present Jellema—present Prusi—present Van Woerkom—present DeHart—present Johnson, Rick—present Pumford—present Vaughn—absent Dennis—present Johnson, Ruth—present Quarles—e/d/s Vear—present DeRossett—present Julian—present Raczkowski—present Voorhees—present DeVuyst—present Kelly—present Reeves—present Wojno—present DeWeese—present Kilpatrick—present Richardville—present Woodward—e/d/s Ehardt—present Koetje—present Richner—present Woronchak—present Faunce—present Kowall—present e/d/s = entered during session 1834 JOURNAL OF THE HOUSE [September 30, 1999] [No. 63

Rev. Burton Kincaid, Pastor of the First Free Methodist Church in Owosso, offered the following invocation:

“Heavenly Father, it is with joy that we come in the name of our Lord. As we stand together, we thank You for each one of these: for the opportunities, the responsibilities, and the privileges that we enjoy in our state, and also the opportunity to serve our state. So we just pray for each one here, right now. As we see the sunshine out today, we think about what the Psalms had said, ‘This is the day the Lord has made; let us rejoice and be glad in it,’ so we do just that. We ask that You give us strength for the work for this day. We realize that there is pressure, there is turmoil, there is frustration, and this group of people are put here to work for the good of our state. I know that there are different points of view, but along with this Lord, give the insight, give the direction, give the guidance and give the encouragement that each one might be able to do what is right. Lord, You have told us in Your word that if any of us lacked wisdom, we can ask of You and You will give it to us liberally, and that You do not get after us either. So give the wisdom today, and Lord, give the assurance that You can give in these days of unrest. Be in each one of the decisions, and be with each person here. In the name of Jesus, we pray. Amen.”

______

Rep. Scott moved that Reps. Mans and Schermesser be excused from today’s session. The motion prevailed.

Third Reading of Bills

House Bill No. 4817, entitled A bill to amend 1982 PA 294, entitled “Friend of the court act,” by amending sections 2a and 9 (MCL 552.502a and 552.509), section 2a as added by 1996 PA 366 and section 9 as amended by 1998 PA 63. (The bill was read a third time and postponed for the day on September 29, see House Journal No. 62, p. 1823.) 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. 822 Yeas—100

Allen Ehardt Kelly Raczkowski Baird Faunce Kilpatrick Reeves Basham Frank Koetje Richardville Birkholz Garcia Kowall Richner Bisbee Garza Kuipers Rivet Bishop Gieleghem Kukuk Rocca Bogardus Gilbert LaForge Sanborn Bovin Godchaux LaSata Schauer Bradstreet Gosselin Law Scott Brater Green Lemmons Scranton Brewer Hager Lockwood Shackleton Brown, B. Hale Martinez Shulman Brown, C. Hanley Mead Spade Byl Hansen Middaugh Stamas Callahan Hardman Minore Switalski Cassis Hart Mortimer Tabor Caul Howell Neumann Tesanovich Clark, I. Jacobs O’Neil Thomas Clarke, H. Jamnick Pappageorge Toy Daniels Jansen Patterson Van Woerkom DeHart Jelinek Perricone Vander Roest Dennis Jellema Pestka Vear DeRossett Johnson, Rick Price Voorhees No. 63] [September 30, 1999] JOURNAL OF THE HOUSE 1835

DeVuyst Johnson, Ruth Prusi Wojno DeWeese Julian Pumford Woronchak

Nays—1

Sheltrown

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 1982 PA 294, entitled “Friend of the court act,” by amending sections 2a and 9 (MCL 552.502a and 552.509), section 2a as added by 1996 PA 366 and section 9 as amended by 1998 PA 63, and by adding section 9a. 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.

House Bill No. 4818, entitled A bill to amend 1982 PA 295, entitled “Support and parenting time enforcement act,” by amending sections 2, 9, 11a, 32, and 37 (MCL 552.602, 552.609, 552.611a, 552.632, and 552.637), sections 2, 9, and 11a as amended by 1998 PA 334 and section 32 as amended by 1996 PA 301. (The bill was read a third time and postponed for the day on September 29, see House Journal No. 62, p. 1818.) 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. 823 Yeas—101

Allen Faunce Kilpatrick Reeves Baird Frank Koetje Richardville Basham Garcia Kowall Richner Birkholz Garza Kuipers Rivet Bisbee Gieleghem Kukuk Rocca Bishop Gilbert LaForge Sanborn Bogardus Godchaux LaSata Schauer Bovin Gosselin Law Scott Bradstreet Green Lemmons Scranton Brater Hager Lockwood Shackleton Brewer Hale Martinez Shulman Brown, B. Hanley Mead Spade Brown, C. Hansen Middaugh Stallworth Byl Hardman Minore Stamas Callahan Hart Mortimer Switalski Cassis Howell Neumann Tabor Caul Jacobs O’Neil Tesanovich Clark, I. Jamnick Pappageorge Thomas Clarke, H. Jansen Patterson Toy Daniels Jelinek Perricone Van Woerkom DeHart Jellema Pestka Vander Roest Dennis Johnson, Rick Price Vear DeRossett Johnson, Ruth Prusi Voorhees DeVuyst Julian Pumford Wojno 1836 JOURNAL OF THE HOUSE [September 30, 1999] [No. 63

DeWeese Kelly Raczkowski Woronchak Ehardt

Nays—1

Sheltrown

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 1982 PA 295, entitled “Support and parenting time enforcement act,” by amending sections 2, 9, 11a, 32, 37, and 48 (MCL 552.602, 552.609, 552.611a, 552.632, 552.637, and 552.648), sections 2, 9, and 11a as amended by 1998 PA 334 and section 32 as amended by 1996 PA 301. 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.

______

Rep. Woodward entered the House Chambers.

House Bill No. 4819, entitled A bill to amend 1846 RS 84, entitled “Of divorce,” by amending section 23 (MCL 552.23), as amended by 1983 PA 193. Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 824 Yeas—100

Allen Faunce Kilpatrick Richardville Baird Frank Koetje Richner Basham Garcia Kowall Rivet Birkholz Garza Kuipers Rocca Bisbee Gieleghem Kukuk Sanborn Bishop Gilbert LaForge Schauer Bogardus Godchaux LaSata Scott Bovin Gosselin Law Scranton Bradstreet Green Lemmons Shackleton Brater Hager Lockwood Shulman Brewer Hale Martinez Spade Brown, B. Hanley Mead Stallworth Brown, C. Hansen Middaugh Stamas Byl Hardman Minore Switalski Callahan Hart Mortimer Tabor Cassis Howell Neumann Tesanovich Caul Jacobs O’Neil Thomas Clark, I. Jamnick Pappageorge Toy Clarke, H. Jansen Patterson Van Woerkom Daniels Jelinek Perricone Vander Roest DeHart Jellema Pestka Vear No. 63] [September 30, 1999] JOURNAL OF THE HOUSE 1837

DeRossett Johnson, Rick Price Voorhees DeVuyst Johnson, Ruth Prusi Wojno DeWeese Julian Pumford Woodward Ehardt Kelly Raczkowski Woronchak

Nays—1

Sheltrown

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 1846 RS 84, entitled “Of divorce,” by amending section 23 (MCL 552.23), as amended by 1983 PA 193, and by adding section 24. 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.

House Bill No. 4820, entitled A bill to amend 1966 PA 138, entitled “The family support act,” by amending sections 2, 4, 7, and 9 (MCL 552.452, 552.454, 552.457, and 552.459), section 2 as amended by 1996 PA 5, section 4 as amended by 1990 PA 292, and section 7 as amended by 1983 PA 195. Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 825 Yeas—98

Allen Faunce Koetje Reeves Baird Frank Kowall Richardville Basham Garcia Kuipers Richner Birkholz Garza Kukuk Rivet Bisbee Gieleghem LaForge Rocca Bishop Gilbert LaSata Sanborn Bogardus Godchaux Law Schauer Bovin Gosselin Lemmons Scott Bradstreet Green Lockwood Scranton Brater Hager Martinez Shackleton Brown, B. Hale Mead Shulman Brown, C. Hansen Middaugh Spade Byl Hardman Minore Stallworth Callahan Hart Mortimer Switalski Cassis Howell Neumann Tabor Caul Jacobs O’Neil Tesanovich Clark, I. Jamnick Pappageorge Toy Clarke, H. Jansen Patterson Van Woerkom Daniels Jelinek Perricone Vander Roest DeHart Jellema Pestka Vear Dennis Johnson, Rick Price Voorhees DeRossett Johnson, Ruth Prusi Wojno DeVuyst Julian Pumford Woodward 1838 JOURNAL OF THE HOUSE [September 30, 1999] [No. 63

DeWeese Kelly Raczkowski Woronchak Ehardt Kilpatrick

Nays—1

Sheltrown

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 1966 PA 138, entitled “The family support act,” by amending sections 2, 4, 7, and 9 (MCL 552.452, 552.454, 552.457, and 552.459), section 2 as amended by 1996 PA 5, section 4 as amended by 1990 PA 292, and section 7 as amended by 1983 PA 195, and by adding section 8a. 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.

House Bill No. 4821, entitled A bill to amend 1956 PA 205, entitled “The paternity act,” by amending sections 1, 8, and 19 (MCL 722.711, 722.718, and 722.729), section 1 as amended by 1998 PA 113 and section 19 as amended by 1983 PA 194. Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 826 Yeas—101

Allen Frank Koetje Richardville Baird Garcia Kowall Richner Basham Garza Kuipers Rivet Birkholz Gieleghem Kukuk Rocca Bisbee Gilbert LaForge Sanborn Bishop Godchaux LaSata Schauer Bogardus Gosselin Law Scott Bovin Green Lemmons Scranton Bradstreet Hager Lockwood Shackleton Brater Hale Martinez Shulman Brown, B. Hanley Mead Spade Brown, C. Hansen Middaugh Stallworth Byl Hardman Minore Stamas Callahan Hart Mortimer Switalski Cassis Howell Neumann Tabor Caul Jacobs O’Neil Tesanovich Clark, I. Jamnick Pappageorge Thomas Clarke, H. Jansen Patterson Toy Daniels Jelinek Perricone Van Woerkom DeHart Jellema Pestka Vander Roest Dennis Johnson, Rick Price Vear DeRossett Johnson, Ruth Prusi Voorhees DeVuyst Julian Pumford Wojno DeWeese Kelly Raczkowski Woodward Ehardt Kilpatrick Reeves Woronchak Faunce No. 63] [September 30, 1999] JOURNAL OF THE HOUSE 1839

Nays—1

Sheltrown

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 205, entitled “The paternity act,” by amending sections 1, 8, and 19 (MCL 722.711, 722.718, and 722.729), section 1 as amended by 1998 PA 113 and section 19 as amended by 1983 PA 194, and by adding section 19a. 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.

______

Reps. Quarles and Geiger entered the House Chambers.

House Bill No. 4822, entitled A bill to amend 1970 PA 91, entitled “Child custody act of 1970,” by amending sections 2 and 7 (MCL 722.22 and 722.27), as amended by 1998 PA 482. Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 827 Yeas—101

Allen Frank Kilpatrick Raczkowski Baird Garcia Koetje Reeves Basham Garza Kowall Richardville Birkholz Geiger Kuipers Richner Bisbee Gieleghem Kukuk Rivet Bishop Gilbert LaForge Rocca Bogardus Godchaux LaSata Sanborn Bovin Gosselin Law Schauer Bradstreet Green Lemmons Scott Brater Hager Lockwood Scranton Brewer Hale Martinez Shackleton Brown, B. Hanley Mead Shulman Brown, C. Hansen Middaugh Spade Byl Hardman Minore Stamas Callahan Hart Mortimer Switalski Cassis Howell Neumann Tabor Caul Jacobs O’Neil Tesanovich Clark, I. Jamnick Pappageorge Thomas Clarke, H. Jansen Patterson Toy DeHart Jelinek Perricone Van Woerkom Dennis Jellema Pestka Vander Roest DeRossett Johnson, Rick Price Vear DeVuyst Johnson, Ruth Prusi Voorhees DeWeese Julian Pumford Wojno Ehardt Kelly Quarles Woronchak Faunce 1840 JOURNAL OF THE HOUSE [September 30, 1999] [No. 63

Nays—1

Sheltrown

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 1970 PA 91, entitled “Child custody act of 1970,” by amending sections 2, 7, and 9 (MCL 722.22, 722.27, and 722.29), sections 2 and 7 as amended by 1998 PA 482. 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.

House Bill No. 4823, entitled A bill to amend 1952 PA 8, entitled “Revised uniform reciprocal enforcement of support act,” by amending sections 3b, 14, 18, 23, and 31a (MCL 780.153b, 780.164, 780.168, 780.173, and 780.181a), section 3b as added and section 18 as amended by 1985 PA 172, section 14 as amended and section 31a as added by 1990 PA 241, and section 23 as amended by 1983 PA 192. Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 828 Yeas—103

Allen Faunce Koetje Richardville Baird Frank Kowall Richner Basham Garcia Kuipers Rivet Birkholz Garza Kukuk Rocca Bisbee Geiger LaForge Sanborn Bishop Gieleghem LaSata Schauer Bogardus Gilbert Law Scott Bovin Godchaux Lemmons Scranton Bradstreet Gosselin Lockwood Shackleton Brater Green Martinez Shulman Brewer Hager Mead Spade Brown, B. Hale Middaugh Stallworth Brown, C. Hanley Minore Stamas Byl Hansen Mortimer Switalski Callahan Hardman Neumann Tabor Cassis Hart O’Neil Tesanovich Caul Howell Pappageorge Thomas Clark, I. Jacobs Patterson Toy Clarke, H. Jamnick Perricone Van Woerkom Daniels Jansen Pestka Vander Roest DeHart Jelinek Price Vear Dennis Jellema Prusi Voorhees DeRossett Johnson, Rick Pumford Wojno DeVuyst Johnson, Ruth Quarles Woodward DeWeese Julian Raczkowski Woronchak Ehardt Kilpatrick Reeves

Nays—1

Sheltrown

In The Chair: Patterson No. 63] [September 30, 1999] JOURNAL OF THE HOUSE 1841

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 1952 PA 8, entitled “Revised uniform reciprocal enforcement of support act,” by amending sections 3b, 14, 18, 23, and 31a (MCL 780.153b, 780.164, 780.168, 780.173, and 780.181a), section 3b as added and section 18 as amended by 1985 PA 172, section 14 as amended and section 31a as added by 1990 PA 241, and section 23 as amended by 1983 PA 192, and by adding section 14a. 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.

House Bill No. 4824, entitled A bill to amend 1985 PA 216, entitled “Interstate income withholding act,” by amending sections 3, 5, and 10 (MCL 552.673, 552.675, and 552.680), section 3 as amended by 1996 PA 11 and section 5 as amended by 1990 PA 354. Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 829 Yeas—101

Allen Faunce Kilpatrick Reeves Baird Frank Koetje Richardville Basham Garcia Kowall Richner Birkholz Garza Kuipers Rivet Bisbee Geiger Kukuk Rocca Bishop Gieleghem LaSata Sanborn Bogardus Gilbert Law Schauer Bovin Godchaux Lemmons Scott Bradstreet Gosselin Lockwood Scranton Brater Green Martinez Shackleton Brewer Hager Mead Shulman Brown, B. Hale Middaugh Spade Brown, C. Hanley Minore Stallworth Byl Hansen Mortimer Stamas Callahan Hardman Neumann Switalski Cassis Hart O’Neil Tabor Caul Howell Pappageorge Tesanovich Clark, I. Jacobs Patterson Thomas Clarke, H. Jamnick Perricone Toy Daniels Jansen Pestka Van Woerkom DeHart Jelinek Price Vander Roest Dennis Jellema Prusi Vear DeRossett Johnson, Rick Pumford Voorhees DeVuyst Johnson, Ruth Quarles Wojno DeWeese Julian Raczkowski Woronchak Ehardt

Nays—1

Sheltrown

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 1985 PA 216, entitled “Interstate income withholding act,” by amending sections 3, 5, and 10 (MCL 552.673, 552.675, and 552.680), section 3 as amended by 1996 PA 11 and section 5 as amended by 1990 PA 354, and by adding section 10a. The motion prevailed. 1842 JOURNAL OF THE HOUSE [September 30, 1999] [No. 63

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.

House Bill No. 4825, entitled A bill to amend 1913 PA 379, entitled “An act to facilitate the collection of alimony and support and maintenance for minor children or for children who are 18 years of age or older ordered to be paid in suits for divorce or separate maintenance,” by amending section 2 (MCL 552.152). Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 830 Yeas—102

Allen Faunce Kilpatrick Raczkowski Baird Frank Koetje Reeves Basham Garcia Kowall Richardville Birkholz Garza Kuipers Richner Bisbee Geiger Kukuk Rivet Bishop Gieleghem LaForge Rocca Bogardus Gilbert LaSata Sanborn Bovin Godchaux Law Schauer Bradstreet Gosselin Lemmons Scranton Brater Green Lockwood Shackleton Brewer Hager Martinez Shulman Brown, B. Hale Mead Spade Brown, C. Hanley Middaugh Stamas Byl Hansen Minore Switalski Callahan Hardman Mortimer Tabor Cassis Hart Neumann Tesanovich Caul Howell O’Neil Thomas Clark, I. Jacobs Pappageorge Toy Clarke, H. Jamnick Patterson Van Woerkom Daniels Jansen Perricone Vander Roest DeHart Jelinek Pestka Vear Dennis Jellema Price Voorhees DeRossett Johnson, Rick Prusi Wojno DeVuyst Johnson, Ruth Pumford Woodward DeWeese Julian Quarles Woronchak Ehardt Kelly

Nays—1

Sheltrown

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 1913 PA 379, entitled “An act to facilitate the collection of alimony and support and maintenance for minor children or for children who are 18 years of age or older ordered to be paid in suits for divorce or separate maintenance,” by amending section 2 (MCL 552.152) and by adding section 6. The motion prevailed. The House agreed to the title as amended. No. 63] [September 30, 1999] JOURNAL OF THE HOUSE 1843

Rep. Middaugh moved that the bill be given immediate effect. The motion prevailed, 2/3 of the members serving voting therefor.

House Bill No. 4827, entitled A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 2538 (MCL 600.2538), as added by 1993 PA 189. Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 831 Yeas—100

Allen Ehardt Kelly Reeves Baird Faunce Koetje Richardville Basham Garcia Kowall Richner Birkholz Garza Kuipers Rocca Bisbee Geiger Kukuk Sanborn Bishop Gieleghem LaForge Schauer Bogardus Gilbert LaSata Scott Bovin Godchaux Law Scranton Bradstreet Gosselin Lemmons Shackleton Brater Green Lockwood Shulman Brewer Hager Martinez Spade Brown, B. Hale Mead Stallworth Brown, C. Hanley Middaugh Stamas Byl Hansen Minore Switalski Callahan Hardman Mortimer Tabor Cassis Hart Neumann Tesanovich Caul Howell O’Neil Thomas Clark, I. Jacobs Pappageorge Toy Clarke, H. Jamnick Patterson Van Woerkom Daniels Jansen Perricone Vander Roest DeHart Jelinek Pestka Vear Dennis Jellema Price Voorhees DeRossett Johnson, Rick Prusi Wojno DeVuyst Johnson, Ruth Pumford Woodward DeWeese Julian Quarles Woronchak

Nays—1

Sheltrown

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.

House Bill No. 4826, entitled A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 165 (MCL 750.165). Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows: 1844 JOURNAL OF THE HOUSE [September 30, 1999] [No. 63

Roll Call No. 832 Yeas—103

Allen Faunce Kowall Richner Baird Frank Kuipers Rivet Basham Garcia Kukuk Rocca Birkholz Garza LaForge Sanborn Bisbee Gieleghem LaSata Schauer Bishop Gilbert Law Scott Bogardus Godchaux Lemmons Scranton Bovin Gosselin Lockwood Shackleton Bradstreet Green Martinez Sheltrown Brater Hager Mead Shulman Brewer Hale Middaugh Spade Brown, B. Hanley Minore Stallworth Brown, C. Hansen Mortimer Stamas Byl Hardman Neumann Switalski Callahan Hart O’Neil Tabor Cassis Howell Pappageorge Tesanovich Caul Jacobs Patterson Thomas Clark, I. Jamnick Perricone Toy Clarke, H. Jansen Pestka Van Woerkom Daniels Jelinek Price Vander Roest DeHart Jellema Prusi Vear Dennis Johnson, Rick Pumford Voorhees DeRossett Johnson, Ruth Quarles Wojno DeVuyst Julian Raczkowski Woodward DeWeese Kelly Reeves Woronchak Ehardt Koetje Richardville

Nays—0

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.

By unanimous consent the House returned to the order of Motions and Resolutions

Reps. Caul, Rivet, Sheltrown, Neumann, Frank, Hanley, Allen, Howell, Green and Stamas offered the following resolution: House Resolution No. 187. A resolution honoring Marvin Valentine upon the occasion of his retirement. Whereas, With his retirement as Director of Camp Rotary, Mr. Valentine brings to a close an outstanding career of thirty years as a dedicated advocate and leader of young people. We salute him for his commitment to building and running one of the finest scout camps in the nation, Camp Rotary; and Whereas, Mr. Valentine’s contributions to Camp Rotary and the Lake Huron Council of Boy Scouts of America are immeasurable. He has touched the lives of more than 60,000 young people, instilling strong values and exhibiting the highest standards of citizenship. He sets a fine example of integrity and unselfishness for our children and young adults; and Whereas, Mr. Valentine came to Camp Rotary in November 1969. With his wife, Justine, they dedicated years of hard work and sacrifice to make Camp Rotary the premier camping facility it is today. The camp is nestled among the tall white pines of northern Michigan, boasting a beautiful lake with abounding wildlife. The 1100 acre camp is a perfect setting of nature for the outdoor educational program Mr. Valentine initiated; and No. 63] [September 30, 1999] JOURNAL OF THE HOUSE 1845

Whereas, Camp Rotary is utilized year-round by scout troops and schools from all over the Midwest. They have hosted numerous football and band camps. Mr. Valentine’s commitment to guiding and teaching these young people is to be commended. He is a true example of a man leaving his profession and all who came in contact with him are better for knowing and working with him; now, therefore, be it Resolved by the House of Representatives, That the members of this legislative body dedicate this document to honor Mr. Marvin Valentine upon his retirement from Camp Rotary. This document serves as a testimony of recognition for his unwavering service to young people. May he know of the high esteem in which he is held by the people of the State of Michigan; and be it further Resolved, That a copy of this resolution be transmitted to Mr. Marvin Valentine as evidence of our appreciation and gratitude. 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. Tabor, DeHart, Kelly, Spade, Kukuk, Garcia, Kowall, DeVuyst, Cassis, Bishop, Mead, Faunce, Shulman, Woronchak, Thomas, LaForge, Jelinek, Birkholz, Vander Roest, Rocca, Ehardt, Van Woerkom, LaSata, Hager, Jamnick, Sheltrown, Lockwood, Scranton, Pappageorge, Schauer, Jacobs, Hale, Baird, Reeves, Lemmons, Julian, Toy, Koetje, Pumford, Vear, Richner, Green, Brater, Bogardus and DeRossett offered the following resolution: House Resolution No. 188. A resolution designating the second week of October as Carbon Monoxide Awareness Week in Michigan. Whereas, Carbon monoxide (CO) is a colorless, odorless, tasteless gas often referred to as the ‘silent killer’ and is the leading cause of poisoning deaths in the United States; and Whereas, Exposure to carbon monoxide can cause flu-like symptoms such as headaches, nausea, dizziness, fatigue, burning eyes, confusion, disorientation, drowsiness, and even loss of consciousness. When inhaled, carbon monoxide interferes with the body’s ability to absorb oxygen, and in severe cases, can cause brain damage and death; and Whereas, The best way to prevent death and illness through carbon monoxide poisoning is to ensure all appliances are well-serviced and maintained. It is also important to utilize carbon monoxide detectors as they can warn you of failures in fuel-burning appliances and other heat-producing sources; and Whereas, Carbon monoxide detectors are credited with saving close to 3,500 lives from 1993 to present. When used properly in homes and businesses, carbon monoxide detectors can warn family members and employees of possible carbon monoxide poisoning and prevent serious illness and tragic death; and Whereas, It is wise and necessary to build awareness and understanding of carbon monoxide poisoning hazards and appropriate precautions; now, therefore, be it Resolved by the House of Representatives, That the second week of October be designated as Carbon Monoxide Awareness Week in Michigan. 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. Woronchak, DeHart, Kelly, Spade, Kukuk, Garcia, Kowall, DeVuyst, Cassis, Godchaux, Bishop, Faunce, Shulman, Thomas, LaForge, Jelinek, Birkholz, Vander Roest, Ehardt, Van Woerkom, LaSata, Hager, Jamnick, Lockwood, Kilpatrick, Scranton, Pappageorge, Jacobs, Hale, Baird, Lemmons, Julian, Toy, Vear, Richner and Green offered the following resolution: House Resolution No. 189. A resolution honoring Michael and Marian Ilitch. Whereas, Michael and Marian Ilitch opened Pizza Treat in 1959. This small business with a big idea, through cooperation and teamwork, has since become a $2 billion international company that has rocked both the pizza and sports worlds; and Whereas, Being life-long sports fans, Michael and Marian took a leap of faith and bought the struggling Hockey Club in 1982. Michael and Marian’s dedication and commitment to this franchise lifted the Red Wings to be one of the most valuable teams in the National Hockey League and have skated to numerous playoff appearances and two consecutive Stanley Cup championships; and 1846 JOURNAL OF THE HOUSE [September 30, 1999] [No. 63

Whereas, In addition to purchasing the Red Wings, Michael and Marian purchased the , Inc., which manages Joe Louis and Cobo Arenas, further showing their commitment to revitalizing the city of Detroit; and Whereas, In 1987, Michael and Marian acquired the deteriorating historical landmark . Although many thought that the venture was destined to fail, the Fox Theatre reopened in November of 1988 and its success has made the Fox Theatre one of the top-grossing theatres of its size in the nation; and Whereas, Michael and Marian’s mutual love of America’s national pastime resulted in their purchase of the baseball team in 1992. This year, fans everywhere mourned the loss of the oldest home to pro-baseball, while celebrating the birth of , new home of the Detroit Tigers beginning in the 2000 season; and Whereas, Michael and Marian, life-long residents of the Detroit area, have dreamt of making Detroit a first class city. Their business ventures and personal philanthropy have been devoted to making Detroit the come back kid of the 20th century. Mike and Marian, despite obstacles and objections, have enthusiastically rebuilt the city of Detroit. Clearly, their talents and vision have exerted a strong, positive impact on Detroit and the entire State of Michigan as well; now, therefore, be it Resolved by the House of Representatives, That we offer this expression of our admiration and respect for Michael and Marian Ilitch; and be it further Resolved, That copies of this resolution be transmitted to Mr. and Mrs. Ilitch as evidence of our high esteem and gratitude for their efforts. 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. Hardman, DeHart, Kelly, Hansen, Spade, Garcia, Thomas, LaForge, Jelinek, Ehardt, LaSata, Jamnick, Garza, Daniels, Bovin, Lockwood, Kilpatrick, Schauer, Jacobs, Hale, Rivet, Baird, Reeves, Lemmons, Woodward, Dennis, Clark, Green, Quarles, Brater and Bogardus offered the following resolution: House Resolution No. 190. A resolution honoring Harry L. Simpson. Whereas, Harry L. Simpson is the Executive Director of Detroit’s Community Health Awareness Group (CHAG), Michigan’s largest minority operated community-based HIV/AIDS organization. Mr. Simpson is nationally recognized for his work with African-American IV drug users. He is also the founder of Life Points Harm Reduction Outreach Program, which was the first licensed syringe exchange program in the State of Michigan. Mr. Simpson is a consultant to the Michigan Task Force on the Survival of the African American Male and the Community Co-Chair of the Statewide Community Prevention Planning Group; and Whereas, Harry L. Simpson has received the 1996 CDC Price Fellowship for HIV Prevention Leadership, the Spirit of Detroit in 1997, and the 1998 AIDS Consortium of Southeastern Michigan’s Community Service Award. He was recently awarded a National Council on Alcoholism and Drug Dependence Greater Detroit Area “Recovery is Possible” award, which is designed to recognize individuals in recovery who embody the true meaning of recovery and have chosen to help others find their way out of the maze of addiction. Mr. Simpson received the City of Detroit highest award in October 1998, a Detroit City Council Testimonial Resolution, for his work in combating substance abuse and HIV/AIDS. In 1999, Mr. Simpson received the Leadership in HIV Prevention award from the Michigan Statewide Community Planning Group in recognition of his dedication to improving the quality and responsiveness of HIV prevention efforts in Michigan; and Whereas, Harry L. Simpson has served as an expert consultant to the National Institute on Drug Abuse, the Center for Disease Control and Prevention, the Substance Abuse and Mental Health Service Administration and the CDC Foundation. Mr. Simpson has given testimony before the Congressional Black Caucus, the CBC Health Braintrust and the Presidential Advisory Council on HIV/AIDS on the role of needle exchange programs in preventing HIV among African-American drug injectors; and Whereas, Harry L. Simpson has been recognized by the CDC for their Taking it to the Street program. It was selected as one of the nine 1999 Characteristics of Reputationally Strong Programs. Taking it to the Streets is a program that involves collaboration between CHAG and other Detroit service agencies to allow prevention education, behavioral interventions and all of the necessary prevention tools to get to those individuals who need it most; now, therefore, be it Resolved by the House of Representatives, That the members of the legislative body join in honoring Harry L. Simpson for his involvement in the development of HIV programs for the African American population; and be it further Resolved, That a copy of this resolution be transmitted to Harry L. Simpson as token of our respect for his superb work. No. 63] [September 30, 1999] JOURNAL OF THE HOUSE 1847

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.

Rep. Gosselin offered the following resolution: House Resolution No. 191. A resolution honoring Marye Miller. Whereas, It is with great admiration that we honor Marye Miller upon receipt of the Blue Cross Blue Shield 1999 Claude S. Pepper Award for service to senior citizens. Ms. Miller has been the director of the Older Person’s Commission in Rochester for over 26 years. Her dedication has created excellence in a public place that is of great importance to the senior citizens in the greater Rochester community—the Older Person’s Commission; and Whereas, Due to Ms. Miller’s commitment to establishing a welcoming atmosphere and efficient service, the Older Person’s Commission has grown dramatically. In 1974, 250 seniors participated in the Older Person’s Commission. Today, the center serves over 7,000 seniors through their numerous and varied programs and services; and Whereas, Ms. Miller spends time listening to the seniors visiting the Older Person’s Commission. Her love for the older persons of our community shows in everything she does, and she never plans a program or activity without their input; and Whereas, Important to Ms. Miller is the preservation of independence for senior citizens. She coordinated the receipt of a community grant enabling seniors to receive snow removal and lawn maintenance, helping them to remain in their homes. She maintains a Mini Bus program, serving all citizens 60 years and older, seven days a week, and a Meals on Wheels program, serving hot lunch and cold dinner. In conjunction with Meals on Wheels, Ms. Miller designed a Nutrition Risk Program, which received President George Bush’s Points of Light Award for assessing the nutritional needs of frail seniors; and Whereas, The Older Person’s Commission is a bustling center with active seniors that make one doubt their true age. Activities range from woodcarving, aerobics, silver smithing, and computer Internet classes, to card games and line dancing. Doctors, lawyers, political candidates, and Y2K awareness speakers are just a few of the featured programs in a typical month. There is a trip planned for most weekends, such as to Detroit Symphony Orchestra concerts, bus tours of Fall Colors (complete with a trip to the cider mill), and even a trip to New York City for Christmas shopping; and Whereas, Ms. Miller’s commitment is also demonstrated by her active participation in many senior organizations at the local, state, and national levels; and Whereas, With a visionary leader like Ms. Miller, it is likely the Older Person’s Commission will continue to expand in programs and services. She consistently looks toward the future, setting goals with the staff and senior citizens. Ms. Miller recently held a seminar with community leaders regarding a ten-year plan for the Older Person’s Commission; now, therefore, be it Resolved by the House of Representatives, That we commend Ms. Marye Miller for her service to senior citizens in the greater Rochester area and applaud her upon receiving the Blue Cross Blue Shield Claude S. Pepper Award; and be it further Resolved, That a copy of this resolution be transmitted to Ms. Miller as evidence 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 Family and Civil Law, by Rep. Shulman, Vice-Chair, reported House Bill No. 4587, entitled A bill to protect against interest, fines, penalties, and other fees and finance charges by political subdivisions for billing errors caused by computer date failures. 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. 1848 JOURNAL OF THE HOUSE [September 30, 1999] [No. 63

Favorable Roll Call

HB 4587 To Report Out: Yeas: Reps. Richner, Shulman, Hart, Law, Voorhees, Baird, Minore, Switalski, Nays: None.

The Committee on Family and Civil Law, by Rep. Shulman, Vice-Chair, reported House Bill No. 4588, entitled A bill to amend 1964 PA 170, entitled “An act to make uniform the liability of municipal corporations, political subdivisions, and the state, its agencies and departments, officers, employees, and volunteers thereof, and members of certain boards, councils, and task forces when engaged in the exercise or discharge of a governmental function, for injuries to property and persons; to define and limit this liability; to define and limit the liability of the state when engaged in a proprietary function; to authorize the purchase of liability insurance to protect against loss arising out of this liability; to provide for defending certain claims made against public officers and paying damages sought or awarded against them; to provide for the legal defense of public officers and employees; to provide for reimbursement of public officers and employees for certain legal expenses; and to repeal certain acts and parts of acts,” by amending sections 1, 7, and 13 (MCL 691.1401, 691.1407, and 691.1413), sections 1 and 13 as amended by 1986 PA 175 and section 7 as amended by 1996 PA 143, and by adding section 7a. With the recommendation that the following amendment be adopted and that the bill then pass. 1. Amend page 9, following line 20, by inserting: “(6) THIS SECTION IS REPEALED JANUARY 1, 2003.”. The bill and amendment were referred to the order of Second Reading of Bills.

Favorable Roll Call

HB 4588 To Report Out: Yeas: Reps. Richner, Shulman, Hart, Law, Sanborn, Voorhees, Nays: Rep. Minore.

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Shulman, Vice-Chair of the Committee on Family and Civil Law, was received and read: Meeting held on: Thursday, September 30, 1999, at 9:00 a.m., Present: Reps. Richner, Shulman, Hart, Koetje, Law, Sanborn, Voorhees, Baird, Minore, Switalski, Absent: Rep. Schermesser, Excused: Rep. Schermesser.

The Committee on Health Policy, by Rep. Law, Chair, reported House Bill No. 4851, entitled A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding section 10103a. With the recommendation that the bill pass. The bill was referred to the order of Second Reading of Bills.

Favorable Roll Call

HB 4851 To Report Out: Yeas: Reps. Law, DeWeese, DeRossett, Ehardt, Gosselin, Green, Ruth Johnson, Rocca, Vear, Schauer, Baird, Dennis, Jacobs, Neumann, Reeves, Woodward, Nays: None. No. 63] [September 30, 1999] JOURNAL OF THE HOUSE 1849

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Law, Chair of the Committee on Health Policy, was received and read: Meeting held on: Thursday, September 30, 1999, at 10:30 a.m., Present: Reps. Law, DeWeese, DeRossett, Ehardt, Gosselin, Green, Ruth Johnson, Rocca, Vear, Schauer, Baird, Dennis, Jacobs, Neumann, Reeves, Woodward, Absent: Rep. Raczkowski, Excused: Rep. Raczkowski.

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Tabor, Vice-Chair of the Committee on Conservation and Outdoor Recreation, was received and read: Meeting held on: Thursday, September 30, 1999, at 8:00 a.m., Present: Reps. DeVuyst, Tabor, DeRossett, Green, Kowall, Middaugh, Patterson, Sanborn, Callahan, Basham, Brater, Gieleghem, Sheltrown, Absent: Reps. Ruth Johnson, Mans, Excused: Reps. Ruth Johnson, Mans.

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Birkholz, Chair of the Committee on Local Government and Urban Policy, was received and read: Meeting held on: Thursday, September 30, 1999, at 9:00 a.m., Present: Reps. Birkholz, Hager, Bishop, DeWeese, Julian, Tabor, Vander Roest, Lockwood, Jamnick, Minore, Reeves.

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Shackleton, Chair of the Committee on Great Lakes and Tourism, was received and read: Meeting held on: Thursday, September 30, 1999, at 10:30 a.m., Present: Reps. Shackleton, Van Woerkom, Allen, Birkholz, Bisbee, Hager, Gilbert, Kowall, Middaugh, Woronchak, Neumann, Clark, Hale, Lockwood, Rivet, Sheltrown, Woodward.

Announcement by the Clerk of Printing and Enrollment

The Clerk announced that the following bill had been printed and placed upon the files of the members, Tuesday, September 28: Senate Bill No. 744

Communications from State Officers

The following communication from the Secretary of State was received and read:

Notice of Filing Administrative Rules

September 21, 1999 In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6 this is to advise you that the Office of Regulatory Reform, Legal Division filed at 3:10 P.M. this date, administrative rule (99-09-05) for the Department of State, Driver License Appeal Division, entitled “Driver License Appeal Division General Rules”, effective 15 days hereafter. Sincerely, Candice S. Miller Secretary of State Helen Kruger, Supervisor Office of the Great Seal The communication was referred to the Clerk. 1850 JOURNAL OF THE HOUSE [September 30, 1999] [No. 63

Introduction of Bills

Reps. Ehardt, Van Woerkom, Green and Scranton introduced House Bill No. 4920, entitled A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 27a (MCL 211.27a), as amended by 1996 PA 476, and by adding section 27e. The bill was read a first time by its title and referred to the Committee on Agriculture and Resource Management.

Reps. Switalski, Hansen, Wojno, Spade, Frank, Schauer, Price, Lockwood, Van Woerkom, Dennis, Garcia, Garza, Gieleghem, Faunce, Clarke, Bovin and Lemmons introduced House Bill No. 4921, entitled A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 260 (MCL 206.260), as amended by 1996 PA 484. The bill was read a first time by its title and referred to the Committee on Tax Policy.

Reps. Switalski, Hansen, Wojno, Spade, Frank, Schauer, Price, Lockwood, Quarles, Van Woerkom, Dennis, Garcia, Garza, Gieleghem, Faunce, Clarke, Bovin, Minore and Lemmons introduced House Bill No. 4922, entitled A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 261 (MCL 206.261), as amended by 1996 PA 484. The bill was read a first time by its title and referred to the Committee on Tax Policy.

Reps. Switalski, Schauer, Price, Quarles, Dennis, Garza, Gieleghem, Clarke, Minore and Lemmons introduced House Bill No. 4923, entitled A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 30 (MCL 206.30), as amended by 1997 PA 86; and to repeal acts and parts of acts. The bill was read a first time by its title and referred to the Committee on Tax Policy.

Rep. Richner introduced House Bill No. 4924, entitled A bill to amend 1846 RS 12, entitled “Of certain state officers,” by amending section 32 (MCL 14.32). The bill was read a first time by its title and referred to the Committee on Constitutional Law and Ethics.

Reps. Howell, Stamas, Mead, Pumford, Spade, Sheltrown, Rivet, Shackleton, Middaugh, Julian, Gosselin, Jelinek, Garcia, Neumann, Switalski, Kukuk, Bovin, Bishop and Caul introduced House Bill No. 4925, entitled A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 27a (MCL 211.27a), as amended by 1996 PA 476. The bill was read a first time by its title and referred to the Committee on Agriculture and Resource Management.

Reps. Thomas, Jacobs, Baird, Lockwood, LaForge, Schauer, Brater, Dennis, Brewer, Minore, Hanley, Price, Garza, Clark, Hardman, Stallworth, Quarles and Lemmons introduced House Bill No. 4926, entitled A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending sections 223, 234d, and 237a (MCL 750.223, 750.234d, and 750.237a), section 223 as amended by 1992 PA 221 and section 234d as amended and section 237a as added by 1994 PA 158, and by adding sections 223a, 223b, 223c, and 223d. The bill was read a first time by its title and referred to the Committee on Constitutional Law and Ethics.

Reps. Rick Johnson, Allen, Kelly, Jelinek, Julian, Middaugh, Garcia, Kukuk, Garza and Bovin introduced House Bill No. 4927, entitled A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 8379 (MCL 600.8379), as amended by 1990 PA 54. The bill was read a first time by its title and referred to the Committee on Transportation. No. 63] [September 30, 1999] JOURNAL OF THE HOUSE 1851

Reps. Richardville, Rick Johnson, Allen, Jelinek, Julian, Middaugh, Garcia, Kukuk, Garza and Bovin introduced House Bill No. 4928, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 909 (MCL 257.909). The bill was read a first time by its title and referred to the Committee on Transportation.

Reps. Gilbert, Rick Johnson, Jelinek, Middaugh, Julian, Garcia, Kukuk, Garza and Bovin introduced House Bill No. 4929, entitled A bill to amend 1956 PA 62, entitled “An act to authorize the director of the department of state police to promulgate a uniform traffic code; to authorize a city, township, or village to adopt the uniform traffic code by reference without publication in full; and to prescribe criminal penalties and civil sanctions for violation of the code,” (MCL 257.951 to 257.954) by adding section 5. The bill was read a first time by its title and referred to the Committee on Transportation.

Reps. Koetje, Allen, Jelinek, Middaugh, Julian, Garcia, Kukuk, Garza and Bovin introduced House Bill No. 4930, entitled A bill to amend 1933 PA 254, entitled “The motor carrier act,” by amending section 18 of article V (MCL 479.18), as amended by 1988 PA 355. The bill was read a first time by its title and referred to the Committee on Transportation.

Reps. Kelly, Allen, Jelinek, Middaugh, Julian, Garcia, Kukuk, Garza and Bovin introduced House Bill No. 4931, entitled A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 605 and 716 (MCL 257.605 and 257.716), section 605 as amended by 1999 PA 73 and section 716 as amended by 1998 PA 427. The bill was read a first time by its title and referred to the Committee on Transportation.

Reps. Kilpatrick, Rick Johnson, Kelly, Allen, Jelinek, Julian, Garcia, Kukuk, Garza and Bovin introduced House Bill No. 4932, entitled A bill to amend 1963 PA 181, entitled “Motor carrier safety act of 1963,” by amending sections 7 and 7c (MCL 480.17 and 480.17c), section 7 as amended and section 7c as added by 1995 PA 265. The bill was read a first time by its title and referred to the Committee on Transportation.

Rep. Baird introduced House Bill No. 4933, entitled A bill to establish conditions to the transfer of structured settlement rights; to establish a procedure for approval of the transfer of structured settlement rights; to create circuit court jurisdiction for proceedings for approval of structured settlement rights; and to prescribe certain powers and duties of certain state and local agencies and officials. The bill was read a first time by its title and referred to the Committee on Family and Civil Law.

Reps. Sheltrown, Pestka, Schauer, Wojno, Rivet, Prusi, Neumann, Bogardus, Hardman, Garcia, Voorhees, Hager, Bovin, Frank and Bradstreet introduced House Bill No. 4934, entitled A bill to amend 1967 PA 150, entitled “Michigan military act,” by amending section 411 (MCL 32.811), as amended by 1996 PA 497. The bill was read a first time by its title and referred to the Committee on Appropriations.

Reps. Raczkowski, Julian and Scranton introduced House Bill No. 4935, entitled A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 36 of chapter VIII (MCL 768.36). The bill was read a first time by its title and referred to the Committee on Criminal Law and Corrections. 1852 JOURNAL OF THE HOUSE [September 30, 1999] [No. 63

Reps. Raczkowski, Martinez, Clarke and Scranton introduced House Bill No. 4936, entitled A bill to amend 1931 PA 328, entitled “The Michigan penal code,” by amending section 147b (MCL 750.147b), as added by 1988 PA 371. The bill was read a first time by its title and referred to the Committee on Constitutional Law and Ethics.

Rep. Raczkowski introduced House Bill No. 4937, entitled A bill to provide for the regulation of contracts between persons publicly performing or broadcasting copyrighted nondramatic musical works under certain circumstances; to provide for recognition of certain agents and employees of performing rights societies; to impose certain fees; to provide for certain powers and duties for certain state agencies and departments; and to prescribe penalties and provide remedies. The bill was read a first time by its title and referred to the Committee on Regulatory Reform.

______

Rep. Kukuk moved that the House adjourn. The motion prevailed, the time being 1:40 p.m.

Associate Speaker Pro Tempore Patterson declared the House adjourned until Tuesday, October 5, at 2:00 p.m.

GARY L. RANDALL Clerk of the House of Representatives.