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

 

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

 

 

Agee--present

Alley--present

Anthony--present

Baade--present

Baird--present

Bankes--present

Basham--present

Birkholz--present

Bobier--present

Bodem--present

Bogardus--present

Brackenridge--present

Brater--present

Brewer--present

Brown--present

Byl--present

Callahan--present

Cassis--present

Cherry--present

Ciaramitaro--present

Crissman--present

Cropsey--present

Curtis--present

Dalman--present

DeHart--present

DeVuyst--present

Dobb--present

Dobronski--present

Emerson--present

Fitzgerald--present

Frank--present

Freeman--present

Gagliardi--present

Galloway--present

Geiger--present

Gernaat--present

Gilmer--present

Gire--present

Godchaux--present

Goschka--present

Green--present

Griffin--present

Gubow--present

Gustafson--present

Hale--present

Hammerstrom--present

Hanley--present

Harder--present

Hertel--present

Hood--present

Horton--present

Jansen--present

Jaye--present

Jelinek--present

Jellema--present

Johnson--present

Kaza--present

Kelly--present

Kilpatrick--present

Kukuk--present

LaForge--present

Law--present

Leland--present

LeTarte--present

Llewellyn--present

London--present

Lowe--present

Mans--present

Martinez--present

Mathieu--present

McBryde--present

McManus--present

McNutt--present

Middaugh--present

Middleton--present

Murphy--present

Nye--present

Olshove--present

Owen--present

Oxender--present

Palamara--present

Parks--present

Perricone--present

Price--present

Profit--present

Prusi--present

Quarles--present

Raczkowski--present

Rhead--present

Richner--present

Rison--present

Rocca--present

Schauer--present

Schermesser--present

Schroer--present

Scott--present

Scranton--present

Sikkema--present

Stallworth--present

Tesanovich--present

Thomas--present

Varga--present

Vaughn--present

Voorhees--present

Walberg--present

Wallace--present

Wetters--present

Whyman--present

Willard--excused

Wojno--present

 

 

e/d/s = entered during session

Rep. Raymond Basham, from the 22nd District, offered the following invocation:

 

"Heavenly Father, Thank You for allowing us to come together and to address legislation in the great State of Michigan. Father, help us to remember those that are less fortunate than ourselves. As we go into this holiday season, Father, help us to keep in mind the true meaning of Christmas and the celebration of Your Son's birth, for it is in Jesus' name we pray, Amen."

 

 

 

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

The motion prevailed.

 

 

 

 

In accordance with House Rule 10, I hereby designate Representative Michael Hanley, to be the Presiding Officer for all, or part of today's session.

 

By unanimous consent the House returned to the order of

 

 

The Speaker laid before the House

Senate Concurrent Resolution No. 49.

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 Western Michigan University relative to the Western Michigan University Science Facility.

(For text of resolution, see House Journal No. 87, p. 2281.)

(The concurrent resolution was reported by the Committee on Appropriations on November 13, consideration of which was postponed until today under the rules.)

The question being on the adoption of the concurrent resolution,

The Clerk made the following statement:

"Mr. Speaker and members of the House, the lease and exhibits attached to the resolution are available for review by the membership in the Clerk's office."

The question being on the adoption of the concurrent resolution,

The concurrent resolution was adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:

 

 

Roll Call No. 938 Yeas--106

 

 

Dobronski Jellema

 

 

Nays--1

 

 

Kaza

 

 

In The Chair: Gire

 

 

The Speaker laid before the House

Senate Concurrent Resolution No. 50.

A concurrent resolution approving an increase in the total project cost and a lease among the State of Michigan, the State Building Authority, and Western Michigan University relative to the Western Michigan University Power Plant Project.

(For text of resolution, see House Journal No. 87, p. 2282.)

(The concurrent resolution was reported by the Committee on Appropriations on November 13, consideration of which was postponed until today under the rules.)

The question being on the adoption of the concurrent resolution,

The Clerk made the following statement:

"Mr. Speaker and members of the House, the lease and exhibits attached to the resolution are available for review by the membership in the Clerk's office."

The question being on the adoption of the concurrent resolution,

The concurrent resolution was adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:

 

 

Roll Call No. 939 Yeas--98

 

 

Dobronski Kelly

 

 

Nays--8

 

 

 

 

In The Chair: Gire

 

 

The Speaker laid before the House

Senate Concurrent Resolution No. 51.

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 Wayne State University relative to the Wayne State University Undergraduate Library.

(For text of resolution, see House Journal No. 87, p. 2282.)

(The concurrent resolution was reported by the Committee on Appropriations on November 13, consideration of which was postponed until today under the rules.)

The question being on the adoption of the concurrent resolution,

The Clerk made the following statement:

"Mr. Speaker and members of the House, the lease and exhibits attached to the resolution are available for review by the membership in the Clerk's office."

The question being on the adoption of the concurrent resolution,

The concurrent resolution was adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:

 

 

Roll Call No. 940 Yeas--103

 

 

 

 

Nays--5

 

 

Cropsey Jaye Kaza Nye

Green

 

 

In The Chair: Gire

 

 

 

 

The Speaker assumed the Chair.

 

 

 

 

House Bill No. 4741, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," (MCL 257.1 to 257.923) by amending the title, as amended by 1991 PA 98, and by adding section 831.

(The bill was read a third time and amended on June 24, see House Journal No. 59, p. 1385; amended and postponed for the day on November 13, see House Journal No. 90, p. 2340.)

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. 941 Yeas--56

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Roll Call No. 942 Yeas--105

 

 

Dobronski

 

 

Nays--0

 

 

In The Chair: Hanley

 

 

The House agreed to the title as amended.

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

 

 

The Speaker laid before the House

House Bill No. 4951, entitled

A bill to amend 1954 PA 116, entitled "Michigan election law," by amending section 677 (MCL 168.677), as amended by 1996 PA 583.

(The bill was received from the Senate on November 13, with amendments, full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 91, p. 2423.)

The question being on concurring in the adoption of the 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. 943 Yeas--86

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Roll Call No. 944 Yeas--106

 

 

Dobb Jellema

 

 

Nays--0

 

 

In The Chair: Hanley

 

 

The question being on agreeing to the title of the bill,

Rep. Gagliardi moved to amend the title to read as follows:

A bill to amend 1982 PA 162, entitled "Nonprofit corporation act," by amending sections 271 and 601 (MCL 450.2271 and 450.2601) and by adding section 301a.

The motion prevailed.

The House agreed to the title as amended.

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

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

 

 

 

 

House Bill No. 5043, entitled

A bill to amend 1970 PA 73, entitled "An act to provide for the creation of airport authorities; to provide for certain counties and cities within certain limitations of state-owned airports to create an airport authority; to provide for the membership of authorities; to provide for the powers and duties of the authorities; to provide for the transfer of employees of state airports to the employment of an authority; to provide for the transferring of state-owned lands to the authority; to provide for the retention of certain rights, powers and privileges by the state in state-owned airport facilities; to provide for a referendum; and to repeal acts and parts of acts," by amending section 2 (MCL 259.802), as amended by 1982 PA 271.

The bill was read a second time.

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

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

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

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

 

By unanimous consent the House returned to the order of

 

 

House Bill No. 5043, entitled

A bill to amend 1970 PA 73, entitled "An act to provide for the creation of airport authorities; to provide for certain counties and cities within certain limitations of state-owned airports to create an airport authority; to provide for the membership of authorities; to provide for the powers and duties of the authorities; to provide for the transfer of employees of state airports to the employment of an authority; to provide for the transferring of state-owned lands to the authority; to provide for the retention of certain rights, powers and privileges by the state in state-owned airport facilities; to provide for a referendum; and to repeal acts and parts of acts," by amending section 2 (MCL 259.802), as amended by 1982 PA 271.

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

 

 

Roll Call No. 945 Yeas--103

 

 

 

 

Nays--0

 

 

In The Chair: Hanley

 

 

The House agreed to the title of the bill.

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

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

The House returned to the consideration of

Senate Bill No. 181, entitled

A bill to amend 1974 PA 258, entitled "Mental health code," by amending sections 476 and 525 (MCL 330.1476 and 330.1525), as amended by 1995 PA 290.

(The bill was considered earlier today, see today's Journal, p. 2439.)

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. 946 Yeas--105

 

 

Dobb

 

 

Nays--0

 

 

In The Chair: Hanley

 

 

The question being on agreeing to the title of the bill,

Rep. Gagliardi moved to amend the title to read as follows:

A bill to amend 1974 PA 258, entitled "An act to codify, revise, consolidate, and classify the laws relating to mental health; to prescribe the powers and duties of certain state and local agencies and officials and certain private agencies and individuals; to regulate certain agencies and facilities providing mental health services; to provide for certain charges and fees; to establish civil admission procedures for individuals with mental illness or developmental disabilities; to establish guardianship procedures for individuals with development disability; to establish procedures regarding individuals with mental illness or developmental disability who are in the criminal justice system; to provide for penalties and remedies; and to repeal acts and parts of acts," by amending section 476 (MCL 330.1476), as amended by 1995 PA 290.

The motion prevailed.

The House agreed to the title as amended.

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

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

 

 

 

 

 

 

 

 

 

 

 

Whereas, The terrible impact that Agent Orange has on human health is an issue that has not been adequately addressed by our government. People who served our nation in times of need have suffered enormously from exposure to Agent Orange. Scientific studies have identified links between the defoliant and a host of debilitating conditions, including numerous cancers, birth defects, and circulatory, respiratory, and digestive disorders; and

Whereas, Agent orange was the most widely used herbicide in the Vietnam War. Scientists continue to learn more about the harm this chemical causes to the body. There is increasing evidence of Agent Orange causing serious birth defects in the children of those exposed to it; and

Whereas, While it may be difficult to determine precisely how much damage Agent Orange has exerted in some situations, the responsibility that our country has to the men and women who have defended our nation is clear. We must ensure that services through our VA medical centers are available to provide help to those suffering as a result of exposure to Agent Orange; now, therefore, be it

Resolved by the House of Representatives, That we memorialize the Congress of the United States and the Department of Veterans Affairs to recognize the effects of Agent Orange and to require that its health impacts are covered through VA medical centers; and be it further

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

The resolution was referred to the Committee on Senior Citizens and Veterans Affairs.

 

 

Reps. Gagliardi, Llewellyn, Martinez, Kelly, Wojno, Goschka, Prusi, Hanley, Gubow, Cherry, Kaza, DeHart, Schermesser, Baade, Jelinek, Hale, Bodem, Gernaat, Dalman, Leland, LaForge, Horton, Birkholz, Parks, Baird, Richner, Green and Bogardus offered the following resolution:

House Resolution No. 180.

A resolution honoring Lawrence Rubin upon the occasion of his 85th birthday.

Whereas, Lawrence Rubin has reached a milestone in his life -- his 85th birthday. We are grateful for this opportunity to congratulate one of the Great Lakes State's exceptional citizens as he celebrates this special occasion between the warmth and love of family and friends; and

Whereas, Lawrence Rubin was born in Chelsea, Massachusetts on December 7, 1912. In June of 1930, he graduated from Central High School in Detroit and four years later, he received his Bachelor of Arts degree from the University of Michigan. Following graduation from college, he spent seven years working in advertising and public relations. In 1937, Mr. Rubin served as the radio publicist to the Assistant Director for the Michigan State Highway Department. He also served in the United States Army from 1942-1945, working for the Intelligence Corps in the Southwest Pacific Theater. Following his time in the U.S. Army, he worked for the Genesee Sportsman Magazine; and

Whereas, Mr. Rubin served as the Executive Director of the Mackinac Bridge Authority since its creation in June of 1950. He worked diligently with the late Prentiss M. Brown, chairman, and other authority members to raise, through the sale of revenue bonds, the nearly $100,000,000. required to build the Mackinac Bridge. The Mackinac Bridge officially opened on November 1, 1957 with Lawrence Rubin serving as its executive director. Mr. Rubin was responsible for the day-to-day operations of this multimillion dollar structure. In 1956, the Mackinac Bridge Authority made Mr. Rubin's revenue bond financing experience available to the International Bridge Authority. He served as the Secretary/Treasurer of the International Bridge Authority from 1956-1960. Mr. Rubin retired as the Executive Director of the Mackinac Bridge Authority on December 31, 1983; and

Whereas, Over the years, Mr. Rubin has received various awards and has been a member of many organizations. Mr. Rubin was the Director of the Upper Peninsula Travel and Recreation Association (UPTRA) since its founding in 1960. He served as President of UPTRA from 1970-1974. In December of 1974, he was one of five Michigan persons, named by Governor William Milliken, as a Michigan Ambassador of Tourism. Mr. Rubin served on the Board of Trustees and as Chairman for the Mackinac Straits Hospital. He was also the President of the International Bridge Tunnel and Turnpike Association. In 1971, he was the St. Ignace Citizen of the Year. He was also elected to the Transportation Hall of Honor in 1988 and received the UPTRA Gold Award in 1996; now, therefore, be it

Resolved by the House of Representatives, That this resolution be dedicated to honor Lawrence A. Rubin in recognition of his 85th birthday on December 7, 1997. It is a pleasure to convey our congratulations and best wishes for many happy returns; and be it further

Resolved, That a copy of this resolution be transmitted to Mr. Rubin as evidence of our esteem.

Pending the reference of the resolution to a committee,

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

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

The question being on the adoption of the resolution,

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

Reps. Griffin, Llewellyn, Martinez, Kelly, Wojno, Goschka, Prusi, Hanley, Gubow, Cherry, Kaza, DeHart, Schermesser, Baade, Jelinek, Rhead, Voorhees, Hale, Bodem, Gernaat, Dalman, Leland, LaForge, Birkholz, Parks, Baird, Richner, McBryde, Perricone, Green, Bogardus and Gilmer offered the following resolution:

House Resolution No. 181.

A resolution honoring Monsignor James A. Murray upon his appointment as Bishop of the Diocese of Kalamazoo.

Whereas, It is a distinct honor and privilege to join with his brother priests and parishioners in congratulating Monsignor James A. Murray upon his appointment as Bishop of the Diocese of Kalamazoo by Pope John Paul II. His ordination will be held at St. Augustine Cathedral Church in Kalamazoo, Michigan, on January 27, 1998, by Adam Cardinal Maida, of the Archdiocese of Detroit; and

Whereas, Bishop-elect James A. Murray, was born, raised, and graduated from St. Mary High School, in Jackson, Michigan. As a young man, James A. Murray answered the call from God to the priesthood of the Roman Catholic Church. He received his undergraduate degree from Sacred Heart Seminary in Detroit. He went on to earn his Bachelor of Theology from St. John Provincial Seminary, in Plymouth, Michigan, and then earned his Licentiate of Canon Law from the Catholic University of America, in Washington, D.C.; and

Whereas, On June 7, 1958, James A. Murray was ordained into the priesthood at St. Mary Cathedral, in Lansing, by Bishop Joseph A. Albers. During his thirty-nine years as a priest for the Diocese of Lansing, he has served the Church as teacher, parish priest, and Chancellor of the Diocese of Lansing. In his twenty-four years as pastor of St. Mary Cathedral, his ministry has touched the lives of many in the inner-city, including the homeless, employees of state government, and elected officials of the State of Michigan. For this, many are very grateful; and

Whereas, Monsignor James A. Murray was instrumental in establishing the St. Mary Cathedral Knights of Columbus Council 11694, which was chartered in January 1996. Since its inception, Monsignor James A. Murray has served as the Council's chaplain; and

Whereas, Through his ministry at St. Mary Cathedral, Monsignor James A. Murray was the principle force in the building of the new parish hall, which was dedicated in May 1994. Monsignor James A. Murray captivated his parishioners with inspirational homilies, which were laced with his wit, wisdom, and guidance in Catholic spirituality. His advocacies include Catholic education, strengthening families, youth and social issues, and, especially, proclaiming the gospel without compromise. Other diocesan bishops have praised the Pope's choice. We concur with the words of Bishop Carl Mengeling: "Monsignor is esteemed and respected as a priest who is forthright, reliable, and trustworthy. His love for the Lord and the Church meant always saying 'Yes.' The word 'No' to parish and diocesan needs and the myriad and varied needs of parishioners was not in his vocabulary. It was always a firm 'YES', with a smile and often a humorous quip. Monsignor is defined by the word 'priest.' He is essentially a priest, and he loves it. Many are grateful for his wise counsel and solid common sense, his comforting presence, his consoling sensitivity, and his cheerful optimism and Irish wit. We are deeply grateful to Monsignor Murray who in our midst is the essence of fidelity, loyalty, and generosity. He will always be one of us and a permanent and significant part of the history of the Diocese of Lansing"; now, therefore, be it

Resolved by the House of Representatives, That we offer our sincere appreciation to Monsignor James A. Murray for his inspiration to members of the church throughout Michigan, encouraging all to strengthen their faith and to serve the entire community; and be it further

Resolved, That as Monsignor James A. Murray is ordained as the third Bishop of the Diocese of Kalamazoo, may he know that he will remain in our hearts and in our prayers as he continues in his ministry to deliver the message of God's word to all people. May God bless him.

Pending the reference of the resolution to a committee,

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

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

The question being on the adoption of the resolution,

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

 

 

Reps. Lowe, Freeman, DeHart, Cropsey, Horton, Prusi, McManus, Goschka, Bodem, Llewellyn, Whyman, Martinez, Gernaat, Middleton, Basham, Anthony, Green, McBryde, Galloway, Birkholz, Voorhees, Kelly, Wetters, Wojno, Hanley, Gubow, Harder, Cherry, Kaza, Schermesser, Baade, Jelinek, Rhead, Hale, Dalman, Parks, Baird, Richner, Perricone, Schauer, Bogardus and Oxender offered the following concurrent resolution:

House Concurrent Resolution No. 75.

A concurrent resolution to memorialize the Congress of the United States and the Department of Veterans Affairs to recognize the effects of Agent Orange and to require that its health impacts are covered through VA medical centers.

Whereas, The terrible impact that Agent Orange has on human health is an issue that has not been adequately addressed by our government. People who served our nation in times of need have suffered enormously from exposure to Agent Orange. Scientific studies have identified links between the defoliant and a host of debilitating conditions, including numerous cancers, birth defects, and circulatory, respiratory, and digestive disorders; and

Whereas, Agent orange was the most widely used herbicide in the Vietnam War. Scientists continue to learn more about the harm this chemical causes to the body. There is increasing evidence of Agent Orange causing serious birth defects in the children of those exposed to it; and

Whereas, While it may be difficult to determine precisely how much damage Agent Orange has exerted in some situations, the responsibility that our country has to the men and women who have defended our nation is clear. We must ensure that services through our VA medical centers are available to provide help to those suffering as a result of exposure to Agent Orange; now, therefore, be it

Resolved by the House of Representatives (the Senate concurring), That we memorialize the Congress of the United States and the Department of Veterans Affairs to recognize the effects of Agent Orange and to require that its health impacts are covered through VA medical centers; and be it further

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

The concurrent resolution was referred to the Committee on Senior Citizens and Veterans Affairs.

 

 

Reps. Schroer and Brater offered the following concurrent resolution:

House Concurrent Resolution No. 76.

A concurrent resolution to urge the Department of Environmental Quality to include in its proposed new rules on groundwater certain provisions to protect the quality of the state's groundwater.

Whereas, The Department of Environmental Quality is presently working on a proposed rules package on groundwater permits. The proposed rules allow the discharge of pollutants into uncontaminated groundwater sources; and

Whereas, With its unique location amid the largest volume of accessible fresh surface water in the world, Michigan has a strong interest in preserving water resources. Our commerce, agriculture, recreation, health, and character are dependent upon safeguarding water for present and future generations; and

Whereas, Michigan law prohibits polluting the waters of the state. It is illegal to discharge, either directly or indirectly, harmful substances that are or may become injurious to the health of our citizens or impair the use of the state's waters for agriculture, commerce, or recreation; and

Whereas, Cleaning up contaminated groundwater is both exceedingly time consuming and prohibitively expensive, for it costs the taxpayers of Michigan hundreds of millions of dollars and small amounts of chemical contaminants can render large amounts of groundwater unusable; and

Whereas, Proposing to permit chemical pollutants to be discharged into uncontaminated waters also increases the likelihood of more development in open areas of the state instead of redeveloping and cleaning up other areas. The proposed Department of Environmental Quality rules redefine "nondegradation" in a manner that will not encourage the redevelopment of brownfields. This will impede efforts to deal with long-term problems facing this state, including moves to better use our infrastructure, especially in our cities; and

Whereas, Michigan's future is closely tied to the quality of our water resources. Steps should not be taken to jeopardize them or to initiate measures inconsistent with our statutes; now, therefore, be it

Resolved by the House of Representatives (the Senate concurring), That we urge the Department of Environmental Quality to include in its proposed new rules on groundwater provisions to encompass more closely the concept of "nondegradation" currently included in the rules; provisions to foster the redevelopment of brownfield areas and to discourage urban sprawl; and provisions to require pollution prevention before any discharge is allowed to the groundwater of this state; and be it further

Resolved, That a copy of this resolution be transmitted to the Department of Environmental Quality and to the Office of the Governor.

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

 

 

 

 

The Clerk announced that the following bills had been printed and placed upon the files of the members, Wednesday, November 12:

Senate Bill Nos. 792 805 806

 

The Clerk announced the enrollment printing and presentation to the Governor on Monday, November 17, for his approval of the following bills:

Enrolled House Bill No. 4386 at 10:48 a.m.

Enrolled House Bill No. 4509 at 10:50 a.m.

Enrolled House Bill No. 4850 at 10:52 a.m.

Enrolled House Bill No. 4939 at 10:54 a.m.

Enrolled House Bill No. 5083 at 10:56 a.m.

 

The Clerk announced that the following bills had been printed and placed upon the files of the members, Monday, November 17:

House Bill Nos. 5361 5362 5363 5364

 

The Clerk announced that the following bills had been printed and placed upon the files of the members, Tuesday, November 18:

House Bill Nos. 5365 5366 5367 5368 5369 5370 5371 5372 5373 5374 5375 5376 5377 5378 5379 5380 5381 5382 5383 5384 5385 5386

 

The Clerk announced that the following Senate bills had been received on Tuesday, December 2:

Senate Bill Nos. 790 793 794 795 796 797 798 799 800 801 802 803 804 812

 

By unanimous consent the House returned to the order of

 

 

 

 

Date: November 13, 1997

Subject: Trans. No. 97-54

I hereby certify that the Joint Committee on Administrative Rules approved the administrative rules from the Community Health Department, Health Legislation and Policy Development, pertaining to Childhood Immunization Registry, dated June 24, 1997.

 

 

Date: November 13, 1997

Subject: Trans. No. 97-55

I hereby certify that the Joint Committee on Administrative Rules approved the administrative rules from the Consumer and Industry Services Department, Office of Commercial Services, pertaining to Occupational Boards--Disciplinary Proceedings, dated May 16, 1997.

 

 

Date: November 13, 1997

Subject: Trans. No. 97-56

I hereby certify that the Joint Committee on Administrative Rules approved the administrative rules from the State Police Department, Alcohol Enforcement Unit, pertaining to Drunk Driving Prevention Equipment and Training Fund, dated September 18, 1997.

 

 

Date: November 13, 1997

Subject: Trans. No. 97-57

I hereby certify that the Joint Committee on Administrative Rules approved the administrative rules from the Consumer and Industry Services Department, Bureau of Workers' Disability Compensation, pertaining to General Rules, dated June 19, 1997.

 

 

Pursuant to PA 445 of 1994, attached herewith is the report of the Michigan Sentencing Guidelines Commission, which was adopted by the Commission on November 25, 1997.

I believe that the proposals submitted herein, meet the requirements set forth in PA 445. I further believe that the Commission's recommendations represent a comprehensive approach to sentencing consistent with our enabling statute.

Therefore, on behalf of the members of the Commission, it is with great pleasure that I commend this report to the Legislature for consideration and deliberation.

 

 

 

 

The Committee on Forestry and Mineral Rights, by Rep. Anthony, Chair, reported

House Bill No. 4259, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 61503a.

With the recommendation that the bill pass.

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

 

 

 

HB 4259 To Report Out:

Yeas: Reps. Anthony, Callahan, Alley, Bogardus, Brater, DeVuyst, Lowe,

Nays: None.

 

 

 

The following report, submitted by Rep. Anthony, Chair of the Committee on Forestry and Mineral Rights, was received and read:

Meeting held on: Tuesday, December 2, 1997, at 10:30 a.m.,

Present: Reps. Anthony, Callahan, Alley, Bogardus, Brater, Middleton, DeVuyst, Gernaat, Lowe.

 

 

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

House Bill No. 4048, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 5827 (MCL 600.5827) and by adding section 5828.

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

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

 

 

 

HB 4048 To Report Out:

Yeas: Reps. Wallace, Baird, Curtis, Freeman, Gubow, Schauer, Vaughn, Wojno, Cropsey,

Nays: Reps. Nye, Richner.

 

 

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

House Bill No. 5371, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 2949a (MCL 600.2949a), as added by 1995 PA 249.

With the recommendation that the bill pass.

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

 

HB 5371 To Report Out:

Yeas: Reps. Wallace, Baird, Curtis, Freeman, Gubow, Schauer, Vaughn, Wojno, Cropsey,

Nays: Reps. Nye, Richner.

 

 

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

House Bill No. 5373, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," (MCL 600.101 to 600.9948) by adding section 6313.

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

1. Amend page 1, line 9, by striking out "INTERESTS" and inserting "SAFETY".

2. Amend page 1, following line 9, by inserting:

"(E) IN VIOLATION OF A CRIMINAL LAW OF THIS STATE, A POLITICAL SUBDIVISION OF THIS STATE, OR THE UNITED STATES.".

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

 

 

 

HB 5373 To Report Out:

Yeas: Reps. Wallace, Baird, Curtis, Freeman, Gubow, Schauer, Vaughn, Wojno, Cropsey,

Nays: Reps. Nye, Richner.

 

 

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

Senate Bill No. 280, entitled

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

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

1. Amend page 2, line 9, after "life" by striking out the balance of the page and inserting "OR ANY TERM OF YEARS.".

2. Amend page 3, line 3, after "felony" by striking out the balance of the line through "nor" on line 4 and inserting "PUNISHABLE BY IMPRISONMENT FOR NOT".

3. Amend page 3, line 7, after "felony" by striking out the balance of the line through "nor" on line 8 and inserting "PUNISHABLE BY IMPRISONMENT FOR NOT".

4. Amend page 3, line 10, after "felony" by striking out the balance of the subparagraph and inserting "PUNISHABLE BY IMPRISONMENT FOR NOT MORE THAN 20 YEARS OR A FINE OF NOT MORE THAN $25,000.00, OR BOTH.".

5. Amend page 4, line 18, by striking out the balance of the page through line 4 of page 8 and renumbering the remaining subsection.

6. Amend page 8, line 5, after "section" by striking out the balance of the line through ""Plant"" on line 10 and inserting a comma and ""PLANT"".

7. Amend page 9, line 5, after "YEARS" by striking out the balance of the subparagraph and inserting a period.

8. Amend page 9, line 21, after "felony" by striking out the balance of the line through "nor" on line 22 and inserting "PUNISHABLE BY IMPRISONMENT FOR NOT".

9. Amend page 9, line 25, after "felony" by striking out the balance of the line through "nor" on line 26 and inserting "PUNISHABLE BY IMPRISONMENT FOR NOT".

10. Amend page 10, line 1, after "amount" by striking out "of 25 grams or more, but".

11. Amend page 10, line 3, after "felony" by striking out the balance of the line through "felony" on line 7.

12. Amend page 11, line 5, by striking out all of subsection (3).

13. Amend page 12, line 5, by striking out all of enacting section 1 and inserting:

"Enacting section 1. This amendatory act does not take effect unless all of the following bills of the 89th Legislature are enacted into law:

(a) Senate Bill No. 281.

(b) Senate Bill No. ___ or House Bill No. ___ (request no. 05053'97).".

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

 

SB 280 To Report Out:

Yeas: Reps. Wallace, Baird, Curtis, Freeman, Gubow, Kilpatrick, Vaughn, Nye, Cropsey, Dalman, Law, McNutt,

Nays: Rep. Richner.

 

 

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

Senate Bill No. 281, entitled

A bill to amend 1953 PA 232, entitled "An act to revise, consolidate, and codify the laws relating to probationers and probation officers, to pardons, reprieves, commutations, and paroles, to the administration of correctional institutions, correctional farms, and probation recovery camps, to prisoner labor and correctional industries, and to the supervision and inspection of local jails and houses of correction; to provide for the siting of correctional facilities; to create a state department of corrections, and to prescribe its powers and duties; to provide for the transfer to and vesting in said department of powers and duties vested by law in certain other state boards, commissions, and officers, and to abolish certain boards, commissions, and offices the powers and duties of which are transferred by this act; to prescribe the powers and duties of certain other state departments and agencies; to provide for the creation of a local lockup advisory board; to prescribe penalties for the violation of the provisions of this act; to make certain appropriations; to repeal certain parts of this act on specific dates; and to repeal all acts and parts of acts inconsistent with the provisions of this act," by amending sections 34 and 36 (MCL 791.234 and 791.236), section 34 as amended by 1994 PA 345 and section 36 as amended by 1996 PA 554.

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

1. Amend page 3, line 21, after "(6)" by striking out "EXCEPT AS PROVIDED IN SUBSECTION (7), A" and inserting "A".

2. Amend page 3, line 23, after "years" by inserting a comma and "other than a prisoner sentenced TO IMPRISONMENT for life for murder in the first degree,".

3. Amend page 4, line 2, after "prisoner" by inserting "SENTENCED FOR A VIOLATION OF SECTION 7401(2)(A)(i) OR SECTION 7403(2)(A)(i) OF THE PUBLIC HEALTH CODE, 1978 PA 368, MCL 333.7401 AND 333.7403, OR".

4. Amend page 4, line 2, after "for" by striking out "a" and inserting "ANY OTHER".

5. Amend page 5, line 12, by striking out all of subsection (7) and inserting:

"(7) IN DETERMINING WHETHER A PRISONER CONVICTED OF VIOLATING OR CONSPIRING TO VIOLATE SECTION 7401(2)(A)(i) OR 7403(2)(A)(i) OF THE PUBLIC HEALTH CODE, 1978 PA 368, MCL 333.7401 AND 333.7403, AND SENTENCED TO IMPRISONMENT FOR LIFE BEFORE THE EFFECTIVE DATE OF THE AMENDATORY ACT THAT ADDED THIS SUBSECTION IS TO BE RELEASED ON PAROLE, THE PAROLE BOARD SHALL CONSIDER ALL OF THE FOLLOWING:

(A) WHETHER THE VIOLATION WAS PART OF A CONTINUING SERIES OF VIOLATIONS OF SECTION 7401 OR 7403 OF THE PUBLIC HEALTH CODE, 1978 PA 368, MCL 333.7401 AND 333.7403, BY THAT INDIVIDUAL.

(B) WHETHER THE VIOLATION WAS COMMITTED BY THE INDIVIDUAL IN CONCERT WITH 5 OR MORE OTHER INDIVIDUALS.

(C) EITHER OF THE FOLLOWING:

(i) WHETHER THE INDIVIDUAL WAS A PRINCIPAL ADMINISTRATOR, ORGANIZER, OR LEADER OF AN ENTITY THAT THE INDIVIDUAL KNEW OR HAD REASON TO KNOW WAS ORGANIZED, IN WHOLE OR IN PART, TO COMMIT VIOLATIONS OF SECTION 7401 OR 7403 OF THE PUBLIC HEALTH CODE, 1978 PA 368, MCL 333.7401 AND WHETHER 333.7403, AND WHETHER THE VIOLATION FOR WHICH THE INDIVIDUAL WAS CONVICTED WAS COMMITTED TO FURTHER THE INTERESTS OF THAT ENTITY.

(ii) WHETHER THE INDIVIDUAL WAS A PRINCIPAL ADMINISTRATOR, ORGANIZER, OR LEADER OF AN ENTITY THAT THE INDIVIDUAL KNEW OR HAD REASON TO KNOW COMMITTED VIOLATIONS OF SECTION 7401 OR 7403 OF THE PUBLIC HEALTH CODE, 1978 PA 368, MCL 333.7401 AND 333.7403, AND WHETHER THE VIOLATION FOR WHICH THE INDIVIDUAL WAS CONVICTED WAS COMMITTED TO FURTHER THE INTERESTS OF THAT ENTITY.".

6. Amend page 6, line 17, after "parole." by striking out the balance of the subsection and inserting "IF A PRISONER CONVICTED OF VIOLATING OR CONSPIRING TO VIOLATE SECTION 7401(2)(A)(i) OR (ii) OR 7403(2)(A)(i) OR (ii) OF THE PUBLIC HEALTH CODE, 1978 PA 368, MCL 333.7401 AND 333.7403, IS RELEASED ON PAROLE AND VIOLATES OR CONSPIRES TO VIOLATE ARTICLE 7 OF THE PUBLIC HEALTH CODE, 1978 PA 368, MCL 333.7401 TO 333.7545, AND THAT VIOLATION OR CONSPIRACY TO VIOLATE IS PUNISHABLE BY IMPRISONMENT FOR 4 OR MORE YEARS, OR COMMITS A VIOLENT FELONY DURING HIS OR HER RELEASE ON PAROLE, PAROLE SHALL BE REVOKED.".

7. Amend page 7, line 15, after "services." by striking out the balance of the subsection.

8. Amend page 8, line 11, by striking out all of subsection (9) and inserting:

"(9) IF A PRISONER CONVICTED OF VIOLATING OR CONSPIRING TO VIOLATE SECTION 7401(2)(A)(i) OR (ii) OR 7403(2)(A)(i) OR (ii) OF THE PUBLIC HEALTH CODE, 1978 PA 368, MCL 333.7401 AND 333.7403, IS RELEASED ON PAROLE, THE PAROLE ORDER SHALL CONTAIN A NOTICE THAT IF THE PAROLEE VIOLATES OR CONSPIRES TO VIOLATE ARTICLE 7 OF THE PUBLIC HEALTH CODE, 1978 PA 368, MCL 333.7401 TO 333.7545, AND THAT VIOLATION OR CONSPIRACY TO VIOLATE IS PUNISHABLE BY IMPRISONMENT FOR 4 OR MORE YEARS, OR COMMITS A VIOLENT FELONY DURING HIS OR HER RELEASE ON PAROLE, PAROLE SHALL BE REVOKED.".

9. Amend page 9, following line 6, subsection (11), after "TESTS." by striking out the balance of the subsection.

10. Amend page 10, line 16, by striking out all of enacting section 1 and inserting:

"Enacting section 1. This amendatory act does not take effect unless all of the following bills of the 89th Legislature are enacted into law:

(a) Senate Bill No. 280.

(b) Senate Bill No. _____ or House Bill No. _____ (request no. 05053'97).".

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

 

 

 

SB 281 To Report Out:

Yeas: Reps. Wallace, Baird, Curtis, Freeman, Gubow, Kilpatrick, Vaughn, Nye, Cropsey, Dalman, Law, McNutt,

Nays: None.

 

 

 

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

Meeting held on: Tuesday, December 2, 1997, at 9:00 a.m.,

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

Absent: Rep. Willard,

Excused: Rep. Willard.

 

 

The Committee on Public Utilities, by Rep. Olshove, Chair, reported

House Bill No. 5280, entitled

A bill to amend 1991 PA 179, entitled "Michigan telecommunications act," (MCL 484.2101 to 484.2604) by adding section 202a.

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

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

 

 

 

HB 5280 To Report Out:

Yeas: Reps. Olshove, Thomas, Baade, Dobronski, Freeman, Gubow, Wetters, Dobb, Birkholz, Cassis, Galloway, Gustafson, Kukuk, LeTarte, Raczkowski, Whyman,

Nays: None.

 

 

The Committee on Public Utilities, by Rep. Olshove, Chair, reported

Senate Bill No. 480, entitled

A bill to amend 1929 PA 9, entitled "An act to regulate corporations, associations or persons engaged in the business of carrying and transporting natural gas through pipe lines and to regulate the production, purchase and sale of natural gas; to provide for the control and regulation of such corporations, associations and persons by the Michigan public utilities commission; to define the powers and duties of the commission relative thereto; to prescribe penalties for the violations of the provisions hereof; and to repeal Act No. 29 of the Public Acts of 1889," (MCL 483.101 to 483.120) by adding sections 1a and 1b.

With the recommendation that the bill pass.

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

 

SB 480 To Report Out:

Yeas: Reps. Olshove, Thomas, Dobronski, Freeman, Griffin, Gubow, Leland, Murphy, Profit, Wetters, Dobb, Birkholz, Cassis, Galloway, Gustafson, Kukuk, LeTarte, Middaugh, Raczkowski, Whyman,

Nays: None.

 

 

The Committee on Public Utilities, by Rep. Olshove, Chair, reported

Senate Bill No. 788, entitled

A bill to amend 1991 PA 179, entitled "Michigan telecommunications act," by amending section 316 (MCL 484.2316), as amended by 1995 PA 216; 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.

 

 

 

SB 788 To Report Out:

Yeas: Reps. Olshove, Thomas, Baade, Dobronski, Freeman, Griffin, Gubow, Hanley, Murphy, Wetters, Dobb, Birkholz, Cassis, Galloway, Gustafson, Kukuk, LeTarte, Middaugh, Raczkowski, Whyman,

Nays: None.

 

 

 

The following report, submitted by Rep. Olshove, Chair of the Committee on Public Utilities, was received and read:

Meeting held on: Tuesday, December 2, 1997, at 11:00 a.m.,

Present: Reps. Olshove, Thomas, Alley, Baade, Dobronski, Freeman, Griffin, Gubow, Hanley, Leland, Murphy, Profit, Wetters, Dobb, Birkholz, Cassis, Galloway, Gustafson, Kukuk, LeTarte, Middaugh, Raczkowski, Whyman.

 

 

 

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

Meeting held on: Tuesday, November 25, 1997, at 10:00 a.m.,

Present: Reps. Hood, Ciaramitaro, Emerson, Frank, Hale, Harder, Kelly, Martinez, Owen, Price, Rison, Schroer, Gilmer, Bankes, Geiger, Jansen, Jellema, Johnson, Oxender,

Absent: Reps. Mathieu, Parks, Prusi, Stallworth, Tesanovich, Bobier, Godchaux, McBryde,

Excused: Reps. Mathieu, Parks, Prusi, Stallworth, Tesanovich.

 

 

 

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

Meeting held on: Tuesday, December 2, 1997, at 9:00 a.m.,

Present: Reps. LaForge, Scott, Bogardus, Gire, Schauer, Horton,

Absent: Reps. Jaye, London, McManus,

Excused: Reps. Jaye, London, McManus.

 

 

 

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

Meeting held on: Tuesday, December 2, 1997, at 9:00 a.m.,

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

 

 

The following message from the Governor was received November 17, 1997 and read:

 

 

 

 

 

WHEREAS, Article V, Section 2, of the Constitution of the State of Michigan of 1963 empowers the Governor to make changes in the organization of the Executive Branch or in the assignment of functions among its units which he considers necessary for efficient administration; and

WHEREAS, Executive Order 1995-8 transferred all of the statutory authority, powers, duties, functions and responsibilities of the Michigan Employment Security Commission to the Michigan Jobs Commission as an autonomous entity known as the Michigan Employment Security Agency; and

WHEREAS, Executive Order 1997-12 transferred all of the statutory authority, powers, duties, functions and responsibilities of the Michigan Employment Security Agency for unemployment insurance programs from the Michigan Jobs Commission/Michigan Employment Security Agency to a new entity known as the Unemployment Agency within the Department of Consumer and Industry Services (the "Unemployment Agency"); and

WHEREAS, Executive Order 1997-12 further required the Departments of the Michigan Jobs Commission and Consumer and Industry Services to develop an agreement to identify the positions to be transferred to Consumer and Industry Services; and

WHEREAS, the State of Michigan should do everything possible to ensure that employment services are provided to Michigan citizens in a seamless system; and

WHEREAS, it is necessary in the interests of efficient administration and effectiveness of government to effect changes in the organization of the Executive Branch of government.

NOW, THEREFORE, I, John Engler, Governor of the State of Michigan, pursuant to the powers vested in me by the Constitution of the State of Michigan of 1963 and the laws of the State of Michigan, do hereby order the following:

A. Definitions

In this Order, the following definitions shall apply except where the context clearly requires a different definition.

1. "Workforce Development Board" means a local workforce development board established pursuant to the federal Job Training Partnership Act, 29 USC 1501 et seq., Public Law 97-300, 96 Stat. 1322, and the federal School-to-Work Opportunities Act of 1994, 20 USC 6101 et seq., Public Law 103-239, 108 Stat. 568, or the equivalent entity, and also referenced in Sections 406(6) and 407(2) of Act No. 104 of the Michigan Public Acts of 1997 and Section 67 of Act No. 93 of the Michigan Public Acts of 1997.

2. "Unemployment Insurance Program" means the State of Michigan component of the nationwide system of unemployment insurance offices, funded through the United States Unemployment Insurance Service, U.S. Department of Labor, and operated by the Michigan Employment Security Agency, as defined by the Michigan Employment Security Act, Act No. 1 of the Public Acts of 1936 (Ex. Sess.), being Section 421.1 et seq. of the Michigan Compiled Laws, as modified by successor executive orders, including Executive Order 1997-12, the Federal Unemployment Tax Act, 26 USC 3301 et seq., Public Law 76-1, 53 Stat. 183, February 10, 1939, as amended, and the federal Social Security Act, 42 USC 501-504, 1101-1109, Public Law 74-271, 49 Stat. 620, August 14, 1935, as amended.

3. "Administrative Functions" means all administrative functions, including but not limited to personnel, budget, finance, office facilities, contract administration, information technology services, and communications, as well as any other positions identified as administrative by the directors of the Departments of Consumer and Industry Services and the Michigan Jobs Commission in the agreement reached pursuant to paragraph B.4. of Executive Order 1997-12.

B. Consumer and Industry Services

1. Pursuant to the agreement required between the Michigan Jobs Commission and the Department of Consumer and Industry Services by Executive Order 1997-12, the following functions are transferred to the Unemployment Agency:

a. All functions and positions associated with the following funding sources:

b. Unemployment Insurance Program Administrative Functions.

2. The Director of Consumer and Industry Services shall make internal organizational changes as may be administratively necessary to complete the realignment of responsibilities prescribed by this Order.

3. The Director of Consumer and Industry Services shall provide executive direction and supervision for the implementation of the transfer.

C. Michigan Jobs Commission

1. All of the functions and positions not transferred in paragraph B.1. of this Order will remain with the Michigan Employment Security Agency. The Michigan Employment Security Agency is renamed the "Employment Service Agency" and remains a Type I agency within the Michigan Jobs Commission. The programs, functions and positions to remain with the Employment Service Agency include those associated with the following funding sources:

a. Employment Service

b. Veterans (DVOP and LVER)

c. Bureau of Labor Statistics (CES, LAUS, OES, ES-202, MLS, CES AAMC, ES-202 AAMC, and MLS AAMC)

d. ALC-OES

e. Alien Labor Certification

f. Trade TAA Program

g. NAFTA Trade Training

h. Occupational Analysis Field Center

i. Labor Market Information

j. One Stop State Admin. and OES

k. ALMIS

l. North Assessment Test Development

m. Workforce Development Board Contracts

n. Private funds related to Employment Service or Labor Market Information

2. Employment Service Agency state employees shall deliver services to special populations including persons with disabilities, veterans and migrant and seasonal farm workers.

3. Employment Service Agency state employees shall provide labor market information services and employment service policy, administration, oversight, management of Governor's discretionary funded activities and other related functions.

4. The Employment Service Agency, in accordance with Civil Service and Department of Management and Budget rules and regulations, shall provide employment services, with the exception of the employment service portions of paragraphs C.2. and C.3. of this Order, via Workforce Development Boards in the same manner the state's other workforce development programs are provided, including federal Job Training Partnership Act programs, federal School-to-Work, federal One-Stop and Work First.

5. The Director of the Michigan Jobs Commission shall make internal organizational changes as may be administratively necessary to complete the realignment of responsibilities prescribed by this Order.

6. The Director of the Michigan Jobs Commission shall provide executive direction and supervision for the implementation of the transfer.

D. Coordination

1. The Employment Service Agency and the Unemployment Agency shall work cooperatively with the Workforce Development Boards to ensure that the maximum available services are provided to Michigan citizens at locations known as "One-Stop" or "No Wrong Door" centers.

2. The Employment Service Agency will work with the local Workforce Development Boards to maximize coordination of state and local resources for delivery of employment services in the same manner as is currently done with other workforce development programs.

3. Local Unemployment Agency offices shall co-locate wherever possible with Workforce Development Board local service providers to provide seamless service delivery.

4. In order to ensure proper coordination among all entities involved, the Unemployment Agency shall require Unemployment Insurance Program claimants to personally register for employment services through Workforce Development Boards using the Michigan component of America's Talent Bank.

5. The Employment Service Agency, the Unemployment Agency and Workforce Development Boards shall continue to meet all of the confidentiality responsibilities required by law.

E. Miscellaneous

1. All rules, orders, contracts and agreements relating to the assigned functions lawfully adopted prior to the effective date of this Order shall continue to be effective until revised, amended or repealed.

 

 

 

 

 

 

 

 

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," by amending section 14809 (MCL 324.14809), as added by 1996 PA 132.

(Filed with the Secretary of State November 14, 1997, at 1:26 p.m.)

 

 

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 4654 (Public Act No. 135, I.E.), being

An act to amend 1966 PA 331, entitled ''An act to revise and consolidate the laws relating to community colleges; to provide for the creation of community college districts; to provide a charter for such districts; to provide for the government, control and administration of such districts; to provide for the election of a board of trustees; to define the powers and duties of the board of trustees; to provide for the assessment, levy, collection and return of taxes therefor; and to repeal certain acts and parts of acts,'' by amending sections 103, 111, 121, and 124 (MCL 389.103, 389.111, 389.121, and 389.124).

(Filed with the Secretary of State November 17, 1997, at 3:35 p.m.)

 

 

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 4080 (Public Act No. 136), being

An act to amend 1978 PA 368, entitled "An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates," by amending section 21004 (MCL 333.21004), as amended by 1982 PA 354.

(Filed with the Secretary of State November 17, 1997, at 3:37 p.m.)

 

 

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 4221 (Public Act No. 137, I.E.), being

An act to amend 1954 PA 116, entitled "An act to reorganize, consolidate, and add to the election laws; to provide for election officials and prescribe their powers and duties; to prescribe the powers and duties of certain state departments, state agencies, and state and local officials and employees; to provide for the nomination and election of candidates for public office; to provide for the resignation, removal, and recall of certain public officers; to provide for the filling of vacancies in public office; to provide for and regulate primaries and elections; to provide for the purity of elections; to guard against the abuse of the elective franchise; to define violations of this act; to provide appropriations; to prescribe penalties and provide remedies; and to repeal certain acts and all other acts inconsistent with this act," by amending sections 558, 799a, 803, and 933 (MCL 168.558, 168.799a, 168.803, and 168.933), section 558 as amended by 1996 PA 583, section 799a as amended by 1992 PA 8, and section 803 as amended by 1985 PA 160.

(Filed with the Secretary of State November 17, 1997, at 3:39 p.m.)

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Rep. Profit introduced

House Bill No. 5388, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending sections 11a and 601a (MCL 380.11a and 380.601a), as added by 1995 PA 289.

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

 

 

Rep. Profit introduced

House Bill No. 5389, entitled

A bill to amend 1921 PA 136, entitled "An act to authorize and facilitate the acquisition and disposal of public library property by public corporations empowered to maintain public libraries," by amending section 1 (MCL 397.381).

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

 

 

Rep. Martinez introduced

House Bill No. 5390, entitled

A bill to amend 1961 PA 101, entitled "Supervision of trustees for charitable purposes act," by amending section 3 (MCL 14.253).

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

 

 

Rep. Profit introduced

House Bill No. 5391, entitled

A bill to amend 1964 PA 284, entitled "City income tax act," by amending section 13 of chapter 2 (MCL 141.613), as amended by 1988 PA 216.

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

 

 

Rep. Dobb introduced

House Bill No. 5392, entitled

A bill to amend 1975 PA 228, entitled "Single business tax act," by amending section 3 (MCL 208.3) and by adding section 3a.

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

 

 

 

 

Rep. Stallworth moved that the House adjourn.

The motion prevailed, the time being 4:30 p.m.

 

Acting Speaker Hanley declared the House adjourned until Wednesday, December 3, at 2:00 p.m.