No. 56
STATE OF MICHIGAN
JOURNAL
OF THE
House of Representatives
89th Legislature
REGULAR SESSION OF 1998
House Chamber, Lansing, Tuesday, June 9, 1998.
10:00 a.m.
The House was called to order by Acting Speaker Hanley.
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--e/d/s
Gubow--present
Gustafson--present
Hale--present
Hammerstrom--present
Hanley--present
Harder--present
Hertel--e/d/s
Hood--e/d/s
Horton--present
Jansen--present
Jelinek--present
Jellema--present
Johnson--present
Kaza--present
Kelly--present
Kilpatrick--e/d/s
Kukuk--present
LaForge--present
Law--present
Leland--present
LeTarte--present
Llewellyn--e/d/s
London--present
Lowe--present
Mans--present
Martinez--present
Mathieu--present
McBryde--present
McManus--present
McNutt--present
Middaugh--present
Middleton--present
Murphy--absent
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
Sanborn--present
Schauer--present
Schermesser--present
Schroer--present
Scott--excused
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--present
Wojno--present
e/d/s = entered during session
Father Morlino, of St. Augustine Cathedral in Kalamazoo, offered the following invocation:
"Lord God, we do well to join all of creation in Heaven and on earth in praising You our Mighty God. You have spoken to all, a message of peace, and taught us to live as brothers and sisters. Your message took form in the vision of the founders of our nation, which calls us all together to live as one. Your message lives on as our task for today and our promise for tomorrow. Lord look down upon us all, especially upon Your children who are not allowed to be born. Look upon women, minorities, the poor, whose lives are made difficult so often. Look down upon all victims of violence. Upon the elderly and sick in danger of death through indifference or misguided mercy. May we always celebrate the gift of life with joy and gratitude and bear witness to that gift with courage as we carry out our duty, especially this day, to build a civilization of truth and love. For You are our God, the Creator and Lover of life, and we glorify You today and every day forever and ever. Amen."
______
Rep. Dobronski moved that Rep. Scott be excused from today's session.
The motion prevailed.
Notices
June 9, 1998
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.
Sincerely,
Curtis Hertel
Speaker of the House
By unanimous consent the House returned to the order of
Third Reading of Bills
House Bill No. 5648, entitled
A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 6023 (MCL 600.6023), as amended by 1989 PA 5.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 542 Yeas--90
Agee Dalman Horton Parks
Alley DeHart Jansen Perricone
Anthony DeVuyst Jelinek Price
Baade Dobb Jellema Prusi
Baird Dobronski Johnson Quarles
Bankes Emerson Kelly Raczkowski
Basham Fitzgerald LaForge Richner
Birkholz Frank Law Rocca
Bobier Freeman Leland Sanborn
Bodem Gagliardi LeTarte Schauer
Bogardus Galloway Mans Schermesser
Brackenridge Geiger Martinez Schroer
Brater Gilmer Mathieu Sikkema
Brewer Gire McBryde Tesanovich
Brown Godchaux McManus Thomas
Byl Goschka McNutt Varga
Callahan Green Middaugh Vaughn
Cassis Gubow Middleton Voorhees
Cherry Gustafson Olshove Walberg
Ciaramitaro Hale Owen Wallace
Crissman Hammerstrom Oxender Willard
Cropsey Hanley Palamara Wojno
Curtis Harder
Nays--9
Gernaat London Nye Rhead
Kaza Lowe Profit Whyman
Kukuk
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 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 6023 (MCL 600.6023), as amended by 1998 PA 61.
The motion prevailed.
The House agreed to the title as amended.
Rep. Gagliardi moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Senate Bill No. 583, entitled
A bill to amend 1996 PA 376, entitled "Michigan renaissance zone act," by amending section 10 (MCL 125.2690).
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 543 Yeas--103
Agee Dobb Kaza Prusi
Alley Dobronski Kelly Quarles
Anthony Emerson Kukuk Raczkowski
Baade Fitzgerald LaForge Rhead
Baird Frank Law Richner
Bankes Freeman Leland Rison
Basham Gagliardi LeTarte Rocca
Birkholz Galloway London Sanborn
Bobier Geiger Lowe Schauer
Bodem Gernaat Mans Schermesser
Bogardus Gilmer Martinez Schroer
Brackenridge Gire Mathieu Scranton
Brater Godchaux McBryde Sikkema
Brewer Goschka McManus Stallworth
Brown Green McNutt Tesanovich
Byl Gubow Middaugh Thomas
Callahan Gustafson Middleton Varga
Cassis Hale Nye Vaughn
Cherry Hammerstrom Olshove Voorhees
Ciaramitaro Hanley Owen Walberg
Crissman Harder Oxender Wallace
Cropsey Horton Palamara Wetters
Curtis Jansen Parks Whyman
Dalman Jelinek Perricone Willard
DeHart Jellema Price Wojno
DeVuyst Johnson Profit
Nays--0
In The Chair: Hanley
Pursuant to Joint Rule 20, the full title of the act shall read as follows:
"An act to create certain renaissance zones; to foster economic opportunities in this state; to facilitate economic development; to stimulate industrial, commercial, and residential improvements; to prevent physical and infrastructure deterioration of geographic areas in this state; to authorize expenditures; to provide exemptions and credits from certain taxes; to create certain obligations of this state and local governmental units; to require disclosure of certain transactions and gifts; to provide for appropriations; and to prescribe the powers and duties of certain state and local departments, agencies, and officials,".
The House agreed to the full title.
Rep. Gagliardi moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
______
Reps. Griffin and Llewellyn entered the House Chambers.
Senate Bill No. 586, entitled
A bill to amend 1990 PA 100, entitled "City utility users tax act," by amending section 5 (MCL 141.1155), as amended by 1996 PA 455.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 544 Yeas--104
Agee Dobb Johnson Price
Alley Dobronski Kaza Profit
Anthony Emerson Kelly Prusi
Baade Fitzgerald Kukuk Quarles
Baird Frank LaForge Raczkowski
Bankes Freeman Law Rhead
Basham Gagliardi Leland Richner
Birkholz Galloway LeTarte Rocca
Bobier Geiger Llewellyn Sanborn
Bodem Gernaat London Schauer
Bogardus Gilmer Lowe Schermesser
Brackenridge Gire Mans Schroer
Brater Godchaux Martinez Scranton
Brewer Goschka Mathieu Sikkema
Brown Green McBryde Stallworth
Byl Griffin McManus Tesanovich
Callahan Gubow McNutt Thomas
Cassis Gustafson Middaugh Varga
Cherry Hale Middleton Vaughn
Ciaramitaro Hammerstrom Nye Voorhees
Crissman Hanley Olshove Walberg
Cropsey Harder Owen Wallace
Curtis Horton Oxender Wetters
Dalman Jansen Palamara Whyman
DeHart Jelinek Parks Willard
DeVuyst Jellema Perricone Wojno
Nays--0
In The Chair: Hanley
Pursuant to Joint Rule 20, the full title of the act shall read as follows:
"An act to permit the imposition, revival, and continued collection by cities of a population of 1,000,000 or more of a utility users tax; to provide the procedure for, and to require the adoption of a prescribed uniform city utility users tax ordinance by cities desiring to impose and collect such a tax; to limit the rate of such tax; to prescribe the powers and duties of the state commissioner of revenue; and to provide for appeals,".
The House agreed to the full title.
Rep. Gagliardi moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Senate Bill No. 587, entitled
A bill to amend 1985 PA 224, entitled "Enterprise zone act," by amending section 21c (MCL 125.2121c), as added by 1996 PA 444.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 545 Yeas--103
Agee Dobb Kaza Prusi
Alley Dobronski Kelly Quarles
Anthony Emerson Kukuk Raczkowski
Baade Fitzgerald LaForge Rhead
Baird Frank Law Richner
Bankes Freeman Leland Rison
Basham Gagliardi LeTarte Rocca
Birkholz Galloway Llewellyn Sanborn
Bobier Geiger London Schauer
Bodem Gernaat Lowe Schermesser
Bogardus Gilmer Mans Schroer
Brackenridge Godchaux Martinez Scranton
Brater Goschka Mathieu Sikkema
Brewer Green McBryde Stallworth
Brown Griffin McManus Tesanovich
Byl Gubow McNutt Thomas
Callahan Gustafson Middaugh Varga
Cassis Hale Middleton Vaughn
Cherry Hammerstrom Nye Voorhees
Ciaramitaro Hanley Olshove Walberg
Crissman Harder Owen Wallace
Cropsey Horton Oxender Wetters
Curtis Jansen Palamara Whyman
Dalman Jelinek Perricone Willard
DeHart Jellema Price Wojno
DeVuyst Johnson Profit
Nays--0
In The Chair: Hanley
Pursuant to Joint Rule 20, the full title of the act shall read as follows:
"An act to promote economic growth within economically distressed local governmental units; to provide for the creation of enterprise zones; to provide for the creation of an enterprise zone authority; to prescribe the powers and duties of officials and agencies of the state and certain local governmental units; to provide for the establishment of citizens' councils and to prescribe their powers and duties; to authorize the levy and collection of specific taxes; and to provide qualifications for certification of and incentives for certain businesses located in enterprise zones,".
The House agreed to the full title.
Rep. Gagliardi moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Senate Bill No. 590, entitled
A bill to amend 1978 PA 255, entitled "Commercial redevelopment act," by amending section 12 (MCL 207.662), as amended by 1996 PA 450.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 546 Yeas--103
Agee Dobronski Kelly Prusi
Alley Emerson Kukuk Quarles
Anthony Fitzgerald LaForge Raczkowski
Baade Frank Law Rhead
Baird Freeman Leland Richner
Bankes Galloway LeTarte Rison
Basham Geiger Llewellyn Rocca
Birkholz Gernaat London Sanborn
Bobier Gilmer Lowe Schauer
Bodem Gire Mans Schermesser
Bogardus Godchaux Martinez Schroer
Brackenridge Goschka Mathieu Scranton
Brater Green McBryde Sikkema
Brewer Griffin McManus Stallworth
Brown Gubow McNutt Tesanovich
Byl Gustafson Middaugh Thomas
Callahan Hale Middleton Varga
Cassis Hammerstrom Nye Vaughn
Cherry Hanley Olshove Voorhees
Crissman Harder Owen Walberg
Cropsey Horton Oxender Wallace
Curtis Jansen Palamara Wetters
Dalman Jelinek Parks Whyman
DeHart Jellema Perricone Willard
DeVuyst Johnson Price Wojno
Dobb Kaza Profit
Nays--0
In The Chair: Hanley
Pursuant to Joint Rule 20, the full title of the act shall read as follows:
"An act to provide for the establishment of commercial redevelopment districts in local governmental units; to provide for the exemption from certain taxes; to levy and collect a specific tax upon the owners of certain facilities; to provide for the disposition of the tax; to provide for the obtaining and transferring of an exemption certificate and to prescribe the contents of those certificates; to prescribe the powers and duties of the state tax commission and certain officers of local governmental units; and to provide remedies and penalties,".
The House agreed to the full title.
Rep. Gagliardi moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Senate Bill No. 591, entitled
A bill to amend 1953 PA 189, entitled "An act to provide for the taxation of lessees and users of tax-exempt property," by amending section 1 (MCL 211.181), as amended by 1996 PA 447.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 547 Yeas--103
Agee Dobronski Kelly Prusi
Alley Emerson Kukuk Quarles
Anthony Fitzgerald LaForge Raczkowski
Baade Frank Law Rhead
Baird Freeman Leland Richner
Bankes Gagliardi LeTarte Rison
Basham Galloway Llewellyn Rocca
Birkholz Geiger London Sanborn
Bobier Gernaat Lowe Schauer
Bodem Gilmer Mans Schermesser
Bogardus Gire Martinez Schroer
Brackenridge Godchaux Mathieu Scranton
Brater Goschka McBryde Sikkema
Brewer Green McManus Stallworth
Brown Gubow McNutt Tesanovich
Byl Gustafson Middaugh Thomas
Callahan Hale Middleton Varga
Cassis Hammerstrom Nye Vaughn
Cherry Hanley Olshove Voorhees
Crissman Harder Owen Walberg
Cropsey Horton Oxender Wallace
Curtis Jansen Palamara Wetters
Dalman Jelinek Parks Whyman
DeHart Jellema Perricone Willard
DeVuyst Johnson Price Wojno
Dobb Kaza Profit
Nays--0
In The Chair: Hanley
The House agreed to the title of the bill.
Rep. Gagliardi moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
House Bill No. 4816, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 2150 (MCL 324.2150), as amended by 1996 PA 585.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 548 Yeas--93
Agee DeVuyst Johnson Price
Alley Dobronski Kelly Profit
Anthony Emerson Kukuk Prusi
Baade Fitzgerald LaForge Quarles
Baird Frank Law Rhead
Basham Freeman Leland Rison
Birkholz Gagliardi LeTarte Rocca
Bobier Galloway Llewellyn Sanborn
Bodem Geiger London Schauer
Bogardus Gernaat Lowe Schermesser
Brackenridge Gire Mans Scranton
Brater Goschka Martinez Stallworth
Brewer Green Mathieu Tesanovich
Brown Griffin McBryde Thomas
Byl Gubow McManus Varga
Callahan Gustafson McNutt Vaughn
Cassis Hale Middaugh Voorhees
Cherry Hammerstrom Middleton Walberg
Ciaramitaro Hanley Olshove Wallace
Crissman Harder Owen Wetters
Cropsey Horton Oxender Whyman
Curtis Jelinek Palamara Willard
Dalman Jellema Parks Wojno
DeHart
Nays--12
Bankes Godchaux Nye Richner
Dobb Jansen Perricone Schroer
Gilmer Kaza Raczkowski Sikkema
In The Chair: Hanley
The question being on agreeing to the title of the bill,
Rep. Gagliardi moved to amend the title to read as follows:
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 2150a.
The motion prevailed.
The House agreed to the title as amended.
Rep. Gagliardi moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
House Bill No. 5812, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 2150 (MCL 324.2150), as amended by 1996 PA 585.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 549 Yeas--93
Agee DeVuyst Johnson Price
Alley Dobronski Kelly Profit
Anthony Emerson Kukuk Prusi
Baade Fitzgerald LaForge Quarles
Baird Frank Law Rhead
Bankes Freeman Leland Rison
Basham Gagliardi LeTarte Rocca
Birkholz Galloway Llewellyn Sanborn
Bobier Geiger Lowe Schauer
Bodem Gernaat Mans Schermesser
Bogardus Gire Martinez Scranton
Brackenridge Goschka Mathieu Stallworth
Brater Green McBryde Tesanovich
Brewer Griffin McManus Thomas
Brown Gubow McNutt Varga
Byl Gustafson Middaugh Vaughn
Callahan Hale Middleton Voorhees
Cassis Hammerstrom Nye Walberg
Cherry Hanley Olshove Wallace
Crissman Harder Owen Wetters
Cropsey Horton Oxender Whyman
Curtis Jelinek Palamara Willard
Dalman Jellema Parks Wojno
DeHart
Nays--11
Dobb Jansen Perricone Schroer
Gilmer Kaza Raczkowski Sikkema
Godchaux London Richner
In The Chair: Hanley
The House agreed to the title of the bill.
Rep. Gagliardi moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Senate Bill No. 116, entitled
A bill to amend 1975 PA 228, entitled "Single business tax act," by amending section 35 (MCL 208.35), as amended by 1995 PA 255, and by adding section 22g.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 550 Yeas--101
Agee Dobronski Kaza Profit
Alley Fitzgerald Kelly Prusi
Anthony Frank Kukuk Quarles
Baade Freeman LaForge Raczkowski
Baird Gagliardi Law Rhead
Bankes Galloway Leland Richner
Basham Geiger LeTarte Rison
Birkholz Gernaat Llewellyn Rocca
Bobier Gilmer London Sanborn
Bodem Gire Lowe Schauer
Bogardus Godchaux Mans Schermesser
Brackenridge Goschka Martinez Schroer
Brater Green McBryde Scranton
Brewer Griffin McManus Sikkema
Brown Gubow McNutt Stallworth
Byl Gustafson Middaugh Tesanovich
Callahan Hale Middleton Thomas
Cassis Hammerstrom Nye Varga
Cherry Hanley Olshove Vaughn
Crissman Harder Owen Voorhees
Cropsey Horton Oxender Walberg
Curtis Jansen Palamara Wetters
Dalman Jelinek Parks Whyman
DeHart Jellema Perricone Willard
DeVuyst Johnson Price Wojno
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 1975 PA 228, entitled "An act to provide for the imposition, levy, computation, collection, assessment and enforcement, by lien or otherwise, of taxes on certain commercial, business, and financial activities; to prescribe the manner and times of making certain reports and paying taxes; to prescribe the powers and duties of public officers and state departments; to permit the inspection of records of taxpayers; to provide for interest and penalties on unpaid taxes; to provide exemptions, credits, and refunds; to provide penalties; to provide for the disposition of funds; to provide for the interrelation of this act with other acts; and to provide an appropriation," by amending section 35 (MCL 208.35), as amended by 1997 PA 124.
The motion prevailed.
The House agreed to the title as amended.
Rep. Gagliardi 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
Reports of Standing Committees
The Speaker laid before the House
Senate Concurrent Resolution No. 79.
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 Lake Michigan College relative to the Lake Michigan College South Campus Center.
(For text of resolution, see House Journal No. 44, p. 985.)
(The concurrent resolution was reported by the Committee on Appropriations on June 4, 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. 551 Yeas--104
Agee Dobb Kaza Profit
Alley Dobronski Kelly Prusi
Anthony Fitzgerald Kukuk Quarles
Baade Frank LaForge Raczkowski
Baird Freeman Law Rhead
Bankes Gagliardi Leland Richner
Basham Galloway LeTarte Rison
Birkholz Geiger Llewellyn Rocca
Bobier Gernaat London Sanborn
Bodem Gilmer Lowe Schauer
Bogardus Gire Mans Schermesser
Brackenridge Godchaux Martinez Schroer
Brater Goschka Mathieu Scranton
Brewer Green McBryde Sikkema
Brown Griffin McManus Stallworth
Byl Gubow McNutt Tesanovich
Callahan Gustafson Middaugh Thomas
Cassis Hale Middleton Varga
Cherry Hammerstrom Nye Vaughn
Ciaramitaro Hanley Olshove Voorhees
Crissman Harder Owen Walberg
Cropsey Horton Oxender Wallace
Curtis Jansen Palamara Wetters
Dalman Jelinek Parks Whyman
DeHart Jellema Perricone Willard
DeVuyst Johnson Price Wojno
Nays--0
In The Chair: Hanley
The Speaker laid before the House
Senate Concurrent Resolution No. 80.
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 Delta College relative to the Delta College Science and Learning Center.
(For text of resolution, see House Journal No. 44, p. 986.)
(The concurrent resolution was reported by the Committee on Appropriations on June 4, 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. 552 Yeas--100
Agee Emerson Kaza Profit
Alley Fitzgerald Kelly Prusi
Anthony Frank Kukuk Raczkowski
Baade Freeman LaForge Rhead
Baird Gagliardi Law Richner
Bankes Galloway Leland Rison
Basham Geiger LeTarte Rocca
Birkholz Gernaat Llewellyn Sanborn
Bobier Gilmer London Schauer
Bodem Gire Lowe Schermesser
Bogardus Godchaux Mans Schroer
Brackenridge Goschka Martinez Scranton
Brater Green Mathieu Sikkema
Brown Griffin McBryde Stallworth
Callahan Gubow McManus Tesanovich
Cassis Gustafson McNutt Thomas
Ciaramitaro Hale Middaugh Varga
Crissman Hammerstrom Middleton Vaughn
Cropsey Hanley Olshove Voorhees
Curtis Harder Owen Walberg
Dalman Horton Oxender Wallace
DeHart Jansen Palamara Wetters
DeVuyst Jelinek Parks Whyman
Dobb Jellema Perricone Willard
Dobronski Johnson Price Wojno
Nays--0
In The Chair: Hanley
The Speaker laid before the House
Senate Concurrent Resolution No. 81.
A concurrent resolution to change the scope of the Michigan State Police Crime Lab project.
(For text of resolution, see House Journal No. 44, p. 987.)
(The concurrent resolution was reported by the Committee on Appropriations on June 4, consideration of which was postponed until today under the rules.)
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. 553 Yeas--102
Agee Emerson Kelly Profit
Alley Fitzgerald Kukuk Prusi
Anthony Frank LaForge Quarles
Baade Freeman Law Raczkowski
Baird Gagliardi Leland Rhead
Bankes Galloway LeTarte Richner
Basham Geiger Llewellyn Rocca
Birkholz Gernaat London Sanborn
Bobier Gilmer Lowe Schauer
Bodem Gire Mans Schermesser
Bogardus Godchaux Martinez Schroer
Brackenridge Goschka Mathieu Scranton
Brater Green McBryde Sikkema
Brewer Griffin McManus Stallworth
Brown Gubow McNutt Tesanovich
Byl Gustafson Middaugh Thomas
Callahan Hale Middleton Varga
Cassis Hammerstrom Nye Vaughn
Ciaramitaro Hanley Olshove Voorhees
Crissman Harder Owen Walberg
Cropsey Horton Oxender Wallace
Dalman Jansen Palamara Wetters
DeHart Jelinek Parks Whyman
DeVuyst Jellema Perricone Willard
Dobb Johnson Price Wojno
Dobronski Kaza
Nays--0
In The Chair: Hanley
The Speaker laid before the House
Senate Concurrent Resolution No. 82.
A concurrent resolution approving an amended conveyance of property to the State Building Authority and amending the lease relative to the Mid Michigan Community College Instructional Classrooms, Laboratories, and Student Facilities Harrison Campus.
(For text of resolution, see House Journal No. 44, p. 988.)
(The concurrent resolution was reported by the Committee on Appropriations on June 4, 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. 554 Yeas--101
Agee Dobronski Kaza Profit
Alley Emerson Kelly Prusi
Anthony Fitzgerald Kukuk Quarles
Baade Frank LaForge Raczkowski
Bankes Freeman Law Rhead
Basham Gagliardi Leland Richner
Birkholz Galloway LeTarte Rison
Bobier Geiger Llewellyn Rocca
Bodem Gernaat London Sanborn
Bogardus Gilmer Lowe Schauer
Brackenridge Gire Mans Schermesser
Brater Godchaux Martinez Scranton
Brewer Goschka Mathieu Sikkema
Brown Green McBryde Stallworth
Byl Gubow McManus Tesanovich
Callahan Gustafson McNutt Thomas
Cassis Hale Middaugh Varga
Cherry Hammerstrom Middleton Vaughn
Ciaramitaro Hanley Nye Voorhees
Crissman Harder Olshove Walberg
Cropsey Horton Owen Wallace
Curtis Jansen Oxender Wetters
Dalman Jelinek Palamara Whyman
DeHart Jellema Perricone Willard
DeVuyst Johnson Price Wojno
Dobb
Nays--0
In The Chair: Hanley
The Speaker laid before the House
Senate Concurrent Resolution No. 83.
A concurrent resolution to change the scope of the South County Extension Center project at Southwestern Michigan College.
(For text of resolution, see House Journal No. 44, p. 988.)
(The concurrent resolution was reported by the Committee on Appropriations on June 4, consideration of which was postponed until today under the rules.)
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. 555 Yeas--100
Agee DeVuyst Johnson Profit
Alley Dobb Kelly Prusi
Anthony Dobronski Kukuk Quarles
Baade Fitzgerald LaForge Raczkowski
Baird Frank Law Rhead
Bankes Freeman Leland Richner
Basham Gagliardi LeTarte Rison
Birkholz Galloway Llewellyn Rocca
Bobier Geiger London Sanborn
Bodem Gernaat Lowe Schauer
Bogardus Gilmer Mans Schermesser
Brackenridge Gire Martinez Scranton
Brater Godchaux McBryde Sikkema
Brewer Goschka McManus Stallworth
Brown Green McNutt Tesanovich
Byl Griffin Middaugh Thomas
Callahan Gubow Middleton Varga
Cassis Gustafson Nye Vaughn
Cherry Hale Olshove Voorhees
Ciaramitaro Hanley Owen Walberg
Crissman Harder Oxender Wallace
Cropsey Horton Palamara Wetters
Curtis Jansen Parks Whyman
Dalman Jelinek Perricone Willard
DeHart Jellema Price Wojno
Nays--1
Kaza
In The Chair: Hanley
The Speaker laid before the House
House Resolution No. 286.
A resolution commemorating The Legend of Sleeping Bear as the State of Michigan's official children's book.
(For text of resolution, see House Journal No. 43, p. 944.)
(The resolution was reported by the Committee on House Oversight and Ethics on June 3, consideration of which was postponed until June 4 under the rules.)
The question being on the adoption of the resolution,
Rep. Gagliardi moved to amend the resolution as follows:
1. Amend the third Whereas clause, line 1, after "Whereas," by striking out "The Legend of Sleeping Bear" and inserting "The Legend of Dancing Bear".
The question being on the adoption of the amendment offered by Rep. Gagliardi,
Rep. Gagliardi demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Gagliardi,
Rep. Gagliardi moved that consideration of the resolution be postponed temporarily.
The motion prevailed.
Second Reading of Bills
Senate Bill No. 907, entitled
A bill to make appropriations for community colleges for the fiscal year ending September 30, 1999; to provide for the expenditure of the appropriations; to establish or continue certain funds, programs, and categories; and to prescribe the powers and duties of certain state departments, officers, and employees.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Appropriations,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Reps. Price and McBryde moved to amend the bill as follows:
1. Amend page 13, following line 21, by inserting:
"Sec. 224. It is the intent of the legislature to establish a per student funding floor from all sources of $7,421.00 which shall be recognized as a permanent part of the base funding for community colleges. Furthermore, the concept of maintaining reasonable per student funding shall be continued for future state fiscal years.".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
______
The Associate Speaker Pro Tempore assumed the Chair.
Rep. Gustafson moved to amend the bill as follows:
1. Amend page 13, following line 21, following section 224, by inserting:
"Sec. 225. In order to assess the changes in the costs of construction as a result of prevailing wage, by November15, 1998, each community college shall report on an analysis of the average cost of construction of capital facilities, providing at least cost per square foot expenditures between January 1995 and June 27, 1997, and comparing it to the average cost of construction of capital facilities after June 27, 1997. Each institution shall submit the report to the house and senate appropriations subcommittees on community colleges and the house and senate fiscal agencies.".
The question being on the adoption of the amendment offered by Rep. Gustafson,
Rep. Gustafson demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Gustafson,
The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 556 Yeas--49
Bankes Galloway Johnson Nye
Birkholz Geiger Kaza Oxender
Bobier Gernaat Kukuk Perricone
Bodem Gilmer Law Raczkowski
Brackenridge Godchaux Llewellyn Rhead
Byl Green London Richner
Cassis Gustafson Lowe Sanborn
Crissman Hammerstrom McBryde Scranton
Cropsey Horton McManus Sikkema
Dalman Jansen McNutt Voorhees
DeVuyst Jelinek Middaugh Walberg
Dobb Jellema Middleton Whyman
Fitzgerald
Nays--54
Agee DeHart LaForge Rison
Alley Dobronski Leland Rocca
Anthony Emerson LeTarte Schauer
Baade Frank Mans Schermesser
Baird Freeman Martinez Schroer
Basham Gagliardi Mathieu Stallworth
Bogardus Gire Olshove Tesanovich
Brater Goschka Owen Thomas
Brewer Griffin Parks Vaughn
Brown Gubow Price Wallace
Callahan Hale Profit Wetters
Cherry Hanley Prusi Willard
Ciaramitaro Harder Quarles Wojno
Curtis Kelly
In The Chair: Gire
Rep. Cassis moved to amend the bill as follows:
1. Amend page 13, following line 21, by inserting:
"Sec. 225. (1) Of the funding appropriated in part 1 to each community college for operations, if there is an amount that is greater than 3% than that appropriated for the fiscal year ending September 30, 1998, this funding increment is the Michigan legislative tuition restraint incentive. To be eligible to receive funding under this initiative, each community college shall certify to the state budget director by October 1, 1998 that the increase in required annual tuition and fees for resident students as established by the community college's board of control for the 1998-1999 academic year is not greater than the projected increase in the Detroit consumer price index, as determined by the May 1998 consensus revenue conference established under section 367b of the management and budget act, 1984 PA 431, MCL 18.1367b, or 3%, whichever is greater.
(2) By October 15, 1998, the state budget director shall allocate any remaining funding under this initiative among the eligible community colleges pro rata to the operations appropriations in part 1 for all eligible community colleges. The Michigan legislative tuition restraint initiative funding shall be paid out of the state treasury in the same manner and time as provided in section 203.".
The question being on the adoption of the amendment offered by Rep. Cassis,
Rep. Cassis demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Cassis,
The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 557 Yeas--51
Baird Dobb Jellema Olshove
Bankes Fitzgerald Johnson Perricone
Birkholz Frank Kaza Raczkowski
Bodem Freeman Kukuk Richner
Brewer Galloway Law Rocca
Brown Geiger Llewellyn Sanborn
Byl Gernaat Lowe Scranton
Cassis Goschka Mans Sikkema
Crissman Green McBryde Voorhees
Cropsey Gustafson McManus Walberg
Curtis Hammerstrom McNutt Whyman
Dalman Horton Middleton Wojno
DeHart Jansen Nye
Nays--46
Agee Dobronski LaForge Quarles
Alley Emerson Leland Rhead
Anthony Gagliardi LeTarte Rison
Baade Gilmer London Schauer
Basham Godchaux Mathieu Schermesser
Bobier Griffin Middaugh Schroer
Bogardus Gubow Oxender Stallworth
Brackenridge Hale Parks Tesanovich
Brater Hanley Price Thomas
Cherry Harder Profit Varga
Ciaramitaro Jelinek Prusi Willard
DeVuyst Kelly
In The Chair: Gire
Rep. Richner moved to amend the bill as follows:
1. Amend page 13, following line 21, by inserting:
"Sec. 225. Funds appropriated in part 1 shall not be used to offer courses or programs through a community college in casino management or casino operations.".
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
______
Rep. Hertel entered the House Chambers.
Rep. Dalman moved to amend the bill as follows:
1. Amend page 13, following line 21, following section 224, by inserting:
"Sec. 225. (1) A community college receiving funding under this act and also subject to the student right-to-know and campus security act, Public Law 101-542, 104 Stat. 2381, shall furnish by September 1, 1998 to the department of education a copy of all material prepared pursuant to the public information reporting requirements under the crime awareness and campus security act of 1990, title II of the student right-to-know and campus security act, Public Law 101-542, 104 Stat. 2384.
(2) The department of education shall compile and make information received under subsection (1) available in written and electronic format accessible through the Internet for school districts, parents, and students.".
The question being on the adoption of the amendment offered by Rep. Dalman,
Rep. Dalman demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Dalman,
The amendment was adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 558 Yeas--104
Agee Dobronski Johnson Profit
Alley Emerson Kaza Prusi
Anthony Fitzgerald Kelly Quarles
Baade Frank Kukuk Raczkowski
Baird Freeman LaForge Rhead
Bankes Gagliardi Law Richner
Basham Galloway Leland Rison
Birkholz Geiger LeTarte Rocca
Bobier Gernaat London Sanborn
Bodem Gilmer Lowe Schauer
Bogardus Gire Mans Schermesser
Brackenridge Godchaux Martinez Schroer
Brater Goschka Mathieu Scranton
Brewer Green McBryde Sikkema
Brown Griffin McManus Stallworth
Byl Gubow McNutt Tesanovich
Callahan Gustafson Middaugh Thomas
Cassis Hale Middleton Varga
Cherry Hammerstrom Nye Vaughn
Crissman Hanley Olshove Voorhees
Cropsey Harder Owen Walberg
Curtis Hertel Oxender Wallace
Dalman Horton Palamara Wetters
DeHart Jansen Parks Whyman
DeVuyst Jelinek Perricone Willard
Dobb Jellema Price Wojno
Nays--0
In The Chair: Gire
Rep. Cassis moved to reconsider the vote by which the House did not adopt the amendment offered previously by Rep. Cassis.
The question being on the motion made by Rep. Cassis,
Rep. Cassis moved to postpone the motion temporarily.
______
Rep. Kilpatrick entered the House Chambers.
Rep. Scott moved to amend the bill as follows:
1. Amend page 2, following line 18, by inserting:
"Highland Park Community College $ 6,545,650"
and adjusting the subtotals, totals, and section 201 accordingly.
2. Amend page 19, following line 17, by inserting:
"Sec. 503. (1) The appropriation for Highland Park Community College operations shall not be expended unless Highland Park Community College does all of the following:
(a) Corrects all current state and local health and safety code violations by not later than September 1, 1998.
(b) Adopts clear rules and procedures that separate the finances of the college from those of the Highland Park school district, follows those rules and procedures, and expeditiously takes all steps necessary and appropriate to have restrictions on the college's financial aid programs removed.
(c) To rehabilitate the college's instructional and administrative facilities, adopts a plan by January 15, 1999 and implements the plan according to schedule.
(d) Adopts a plan that will obtain a positive year-end balance in each of the college's operating funds by June 30, 1998 and implements the plan according to schedule. Until the date when each of the college's operating funds has a positive year-end balance, the college shall freeze the salary of all college employees, expend no funds for out-of-state travel for college employees or board members, and reduce administrative costs. Upon the conclusion of each quarter of the college's fiscal year, the college shall submit to the department of management and budget and the house and senate fiscal agencies a report on compliance with all of the requirements in this section.
(2) If the department of management and budget and the house and senate fiscal agencies agree that the college is not in substantial compliance with any of the requirements of this section, they shall report this finding to the legislature and may recommend that funding for the college be terminated. Administrative costs shall be cut.".
The question being on the adoption of the amendments offered by Rep. Scott,
Rep. Vaughn demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendments offered by Rep. Scott,
The amendments were not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 559 Yeas--39
Agee Godchaux Martinez Scranton
Anthony Griffin Mathieu Stallworth
Baird Hale Palamara Tesanovich
Basham Hanley Parks Thomas
Brater Hertel Profit Varga
Brewer Kilpatrick Prusi Vaughn
Cherry Kukuk Quarles Voorhees
DeHart LaForge Rison Wallace
Emerson Leland Schermesser Wetters
Freeman Mans Schroer
Nays--61
Baade Dobb Jansen Nye
Bankes Dobronski Jelinek Olshove
Birkholz Fitzgerald Jellema Oxender
Bobier Frank Johnson Perricone
Bodem Galloway Kaza Price
Bogardus Geiger Kelly Raczkowski
Brackenridge Gernaat LeTarte Rhead
Brown Gilmer Llewellyn Richner
Byl Gire London Rocca
Callahan Goschka Lowe Sanborn
Cassis Green McBryde Sikkema
Crissman Gustafson McManus Walberg
Cropsey Hammerstrom McNutt Whyman
Curtis Harder Middaugh Willard
Dalman Horton Middleton Wojno
DeVuyst
In The Chair: Gire
Rep. Jansen moved to amend the bill as follows:
1. Amend page 13, following line 21, following section 225, by inserting:
"Sec. 226. (1) A community college shall not expend funds appropriated under this act to provide health care coverage for community college employees or their dependents for abortion services, other than for spontaneous abortion or to prevent the death of the woman upon whom the abortion is performed. A community college shall not approve a collective bargaining agreement or enter into any other employment contract that includes health care coverage for abortion services other than spontaneous abortion or to prevent the death of the woman upon whom the abortion is performed.
(2) If a community college expends funds appropriated under this act in violation of subsection (1), the community college shall repay to this state an amount equal to the amount of funds spent in violation of subsection (1).".
The question being on the adoption of the amendment offered by Rep. Jansen,
Rep. Martinez moved to amend the Jansen amendment as follows:
1. Amend the Jansen Amendment, page 13, following line 21, section 224, subsection (1), after "death" by inserting "or preserve the physical health".
The question being on the adoption of the amendment offered by Rep. Martinez,
Rep. Jansen demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Martinez,
After debate,
Rep. Bobier demanded the previous question.
The demand was supported.
The question being, "Shall the main question now be put?"
The previous question was ordered.
The question being on the adoption of the amendment offered by Rep. Martinez,
The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 560 Yeas--47
Agee Dobb Hertel Schauer
Anthony Dobronski Kilpatrick Schermesser
Baird Emerson LaForge Schroer
Bankes Fitzgerald Leland Scranton
Bobier Freeman Martinez Stallworth
Bogardus Galloway Oxender Tesanovich
Brater Gilmer Parks Thomas
Brewer Gire Price Varga
Cherry Godchaux Profit Vaughn
Crissman Gubow Prusi Wallace
Curtis Hale Quarles Willard
DeHart Hanley Rison
Nays--58
Alley Gagliardi Law Owen
Baade Geiger LeTarte Palamara
Basham Gernaat Llewellyn Perricone
Birkholz Goschka London Raczkowski
Bodem Green Lowe Rhead
Brackenridge Gustafson Mans Richner
Brown Hammerstrom Mathieu Rocca
Byl Harder McBryde Sanborn
Callahan Horton McManus Sikkema
Cassis Jansen McNutt Voorhees
Ciaramitaro Jelinek Middaugh Walberg
Cropsey Jellema Middleton Wetters
Dalman Kaza Nye Whyman
DeVuyst Kelly Olshove Wojno
Frank Kukuk
In The Chair: Gire
The question being on the adoption of the amendment offered previously by Rep. Jansen,
The amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Sikkema moved to reconsider the vote by which the House did not adopt the Jansen amendment.
The question being on the motion made by Rep. Sikkema,
Rep. Agee demanded the yeas and nays.
The demand was supported.
The question being on the motion made by Rep. Sikkema,
The motion prevailed, a majority of the members present voting therefor, by yeas and nays, as follows:
Roll Call No. 561 Yeas--54
Birkholz Frank Law Owen
Bodem Gagliardi Llewellyn Oxender
Brackenridge Geiger London Palamara
Brewer Gernaat Lowe Perricone
Brown Goschka Mans Raczkowski
Byl Green Mathieu Richner
Callahan Gustafson McBryde Rocca
Cassis Harder McManus Sanborn
Ciaramitaro Horton McNutt Sikkema
Cropsey Jansen Middaugh Voorhees
Curtis Jelinek Middleton Walberg
Dalman Jellema Nye Whyman
DeVuyst Kaza Olshove Wojno
Fitzgerald Kukuk
Nays--46
Agee Dobb Kilpatrick Schermesser
Alley Dobronski LaForge Schroer
Anthony Emerson Leland Scranton
Baade Freeman LeTarte Stallworth
Baird Galloway Martinez Tesanovich
Bankes Gire Parks Thomas
Basham Godchaux Price Varga
Bogardus Gubow Profit Vaughn
Brater Hale Prusi Wallace
Cherry Hanley Quarles Wetters
Crissman Hertel Schauer Willard
DeHart Kelly
In The Chair: Gire
The question being on the adoption of the amendment offered previously by Rep. Jansen,
Rep. Gustafson demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered previously by Rep. Jansen,
The amendment was adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 562 Yeas--56
Baade Frank Kukuk Owen
Basham Gagliardi Law Oxender
Birkholz Geiger Llewellyn Palamara
Bodem Gernaat London Perricone
Brackenridge Goschka Lowe Raczkowski
Brown Green Mans Rhead
Byl Gustafson Mathieu Richner
Callahan Hammerstrom McBryde Rocca
Cassis Harder McManus Sanborn
Ciaramitaro Horton McNutt Sikkema
Cropsey Jansen Middaugh Voorhees
Curtis Jelinek Middleton Walberg
Dalman Jellema Nye Whyman
DeVuyst Kaza Olshove Wojno
Nays--44
Agee Dobronski Johnson Quarles
Baird Emerson Kelly Schauer
Bankes Freeman Kilpatrick Schermesser
Bobier Galloway LaForge Schroer
Bogardus Gilmer Leland Scranton
Brater Gire LeTarte Stallworth
Brewer Godchaux Martinez Thomas
Cherry Gubow Parks Varga
Crissman Hale Price Vaughn
DeHart Hanley Profit Wallace
Dobb Hertel Prusi Willard
In The Chair: Gire
Rep. Jansen moved to amend the bill as follows:
1. Amend page 13, following line 21, following section 226, by inserting:
"Sec. 227. In light of section 1 of 1846 RS 83, MCL 551.1, and section 1 of 1939 PA 168, MCL 551.271, it is the intent of the legislature that a community college receiving funding under this act shall not use part 1 funds to extend employee benefits to the unmarried partners of the community college's employees.".
The question being on the adoption of the amendment offered by Rep. Jansen,
Rep. Jansen demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Jansen,
Rep. Anthony moved to amend the Jansen amendment as follows:
1. Amend the Jansen Amendment, page 13, following line 21, section 227, after "employees" by inserting "except for pre- and post-natal costs".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
The question being on the adoption of the amendment offered previously by Rep. Jansen,
The amendment was adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 563 Yeas--65
Anthony Fitzgerald Kukuk Oxender
Baade Frank Law Palamara
Basham Gagliardi LeTarte Perricone
Birkholz Galloway Llewellyn Raczkowski
Bodem Geiger London Rhead
Brackenridge Gernaat Lowe Richner
Brown Goschka Mans Rocca
Byl Green Mathieu Sanborn
Callahan Gustafson McBryde Schauer
Cassis Hammerstrom McManus Schermesser
Crissman Harder McNutt Sikkema
Cropsey Horton Middaugh Tesanovich
Curtis Jansen Middleton Voorhees
Dalman Jelinek Nye Walberg
DeHart Jellema Olshove Whyman
DeVuyst Kaza Owen Wojno
Dobb
Nays--33
Agee Gilmer Kelly Quarles
Baird Gire Kilpatrick Schroer
Bogardus Godchaux LaForge Stallworth
Brater Gubow Leland Thomas
Brewer Hale Parks Varga
Cherry Hanley Price Vaughn
Dobronski Hertel Profit Wallace
Emerson Johnson Prusi Willard
Freeman
In The Chair: Gire
Rep. Crissman moved to amend the bill as follows:
1. Amend page 13, following line 21, following section 227, by inserting:
"Sec. 228. A community college shall not use funds appropriated in part 1 to adjust a test score, use a different cutoff score, or otherwise alter the results of a test on the basis of religion, race, color, national origin, or gender for the purpose of selecting or referring an applicant or candidate for employment or a current administrator or employee for promotion at that community college.".
The question being on the adoption of the amendment offered by Rep. Crissman,
Rep. Crissman demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Crissman,
The amendment was adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 564 Yeas--78
Agee DeVuyst Johnson Palamara
Alley Dobb Kaza Perricone
Anthony Fitzgerald Kukuk Profit
Baade Frank Law Prusi
Bankes Freeman LeTarte Raczkowski
Basham Gagliardi Llewellyn Rhead
Birkholz Galloway London Richner
Bobier Geiger Lowe Rocca
Bodem Gernaat Mans Sanborn
Bogardus Gilmer Mathieu Schauer
Brackenridge Godchaux McBryde Scranton
Brown Goschka McManus Sikkema
Byl Green McNutt Tesanovich
Callahan Gustafson Middaugh Voorhees
Cassis Hammerstrom Middleton Walberg
Crissman Harder Nye Wetters
Cropsey Horton Olshove Whyman
Curtis Jansen Owen Willard
Dalman Jelinek Oxender Wojno
DeHart Jellema
Nays--20
Baird Hertel Parks Stallworth
Brater Kelly Price Thomas
Dobronski Kilpatrick Quarles Varga
Hale Leland Rison Vaughn
Hanley Martinez Schermesser Wallace
In The Chair: Gire
Reps. Whyman and McManus moved to amend the bill as follows:
1. Amend page 8, line 26, by striking out all of section 210 and inserting:
"Sec. 210. A community college shall not use funds appropriated in part 1 to discriminate or grant preferential treatment based upon religion, race, color, national origin, or gender for the purpose of employment or promotion of administrators or employees or for the purpose of awarding contracts at that community college.".
The question being on the adoption of the amendment offered by Reps. Whyman and McManus,
Rep. Whyman demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Reps. Whyman and McManus,
Rep. Bogardus moved to amend the Whyman and McManus amendment as follows:
1. Amend the Whyman and McManus Amendment, page 8, line 26, section 210, after "origin," by striking out "or".
2. Amend the Whyman and McManus Amendment, page 8, line 26, section 210, after "gender" by inserting a comma and "or family relationship".
3. Amend the Whyman and McManus Amendment, page 8, line 26, section 210, after "college" by inserting a comma and "or with regard to participation in athletic activities".
The question being on the adoption of the amendments offered by Rep. Bogardus,
Rep. Whyman demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendments offered by Rep. Bogardus,
The amendments were not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 565 Yeas--35
Agee Cherry Hale Prusi
Anthony Ciaramitaro Hanley Quarles
Baird Curtis Harder Stallworth
Basham DeHart Kelly Tesanovich
Bogardus Dobronski LaForge Thomas
Brater Freeman Leland Varga
Brewer Gagliardi Martinez Vaughn
Brown Gire Parks Willard
Callahan Gubow Price
Nays--63
Alley Geiger Law Palamara
Bankes Gernaat LeTarte Perricone
Birkholz Gilmer Llewellyn Profit
Bobier Godchaux London Raczkowski
Bodem Goschka Lowe Rhead
Brackenridge Green Mans Richner
Byl Gustafson Mathieu Rocca
Cassis Hammerstrom McBryde Sanborn
Crissman Horton McManus Scranton
Cropsey Jansen McNutt Sikkema
Dalman Jelinek Middaugh Voorhees
DeVuyst Jellema Middleton Walberg
Dobb Johnson Nye Wetters
Fitzgerald Kaza Olshove Whyman
Frank Kilpatrick Owen Wojno
Galloway Kukuk Oxender
In The Chair: Gire
The question being on the adoption of the amendment offered previously by Reps. Whyman and McManus,
The amendment was adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 566 Yeas--68
Alley Dobb Kaza Oxender
Anthony Fitzgerald Kukuk Palamara
Baade Galloway Law Perricone
Bankes Geiger LeTarte Prusi
Basham Gernaat Llewellyn Raczkowski
Birkholz Gilmer London Rhead
Bobier Godchaux Lowe Richner
Bodem Goschka Mans Rocca
Brackenridge Green Mathieu Sanborn
Brown Gustafson McBryde Scranton
Callahan Hammerstrom McManus Sikkema
Cassis Harder McNutt Tesanovich
Crissman Horton Middaugh Voorhees
Cropsey Jansen Middleton Walberg
Dalman Jelinek Nye Whyman
DeHart Jellema Olshove Willard
DeVuyst Johnson Owen Wojno
Nays--32
Agee Frank Kilpatrick Rison
Baird Gagliardi LaForge Schauer
Bogardus Gire Leland Schroer
Brater Gubow Martinez Stallworth
Brewer Hale Parks Thomas
Cherry Hanley Price Varga
Dobronski Hertel Profit Vaughn
Emerson Kelly Quarles Wallace
In The Chair: Gire
The question being on the motion made previously by Rep. Cassis to reconsider the vote by which the Cassis amendment was not adopted,
Rep. Cassis withdrew the motion.
Rep. Gagliardi 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. Gagliardi moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the House returned to the order of
Third Reading of Bills
Senate Bill No. 907, entitled
A bill to make appropriations for community colleges for the fiscal year ending September 30, 1999; to provide for the expenditure of the appropriations; to establish or continue certain funds, programs, and categories; and to prescribe the powers and duties of certain state departments, officers, and employees.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 567 Yeas--98
Agee Dobronski Kelly Price
Alley Emerson Kilpatrick Profit
Anthony Fitzgerald Kukuk Prusi
Baade Frank LaForge Quarles
Baird Freeman Law Raczkowski
Basham Gagliardi Leland Rhead
Birkholz Galloway LeTarte Rocca
Bodem Geiger Llewellyn Sanborn
Bogardus Gernaat London Schauer
Brackenridge Gilmer Lowe Schermesser
Brater Gire Mans Schroer
Brewer Goschka Mathieu Scranton
Brown Green McBryde Sikkema
Byl Gubow McManus Stallworth
Callahan Gustafson McNutt Tesanovich
Cassis Hale Middaugh Thomas
Cherry Hammerstrom Middleton Varga
Ciaramitaro Hanley Nye Voorhees
Crissman Harder Olshove Walberg
Cropsey Hertel Owen Wallace
Curtis Horton Oxender Wetters
Dalman Jansen Palamara Whyman
DeHart Jelinek Parks Willard
DeVuyst Jellema Perricone Wojno
Dobb Kaza
Nays--6
Bankes Godchaux Richner Vaughn
Bobier Johnson
In The Chair: Gire
The House agreed to the title of the bill.
______
Rep. Vaughn, having reserved the right to explain his protest against the passage of the bill, made the following statement:
"Mr. Speaker and members of the House:
I cannot in good conscience vote for this budget because this bill ignores the needs of poor, mainly African-American students in Highland Park and Detroit.
How can you vote to fund Community Colleges in the state and ignore Highland Park Community College?
The Governor is planning a new prison in Highland Park but he doesn't have the moral strength to support a 77 year old Community College.
This Legislature talks a lot about jobs and work first. I suggest we educate first.
I will continue my fight for poor and disadvantaged people in Detroit and in this state.
Highland Park Community must be reopened. We must do the right thing."
______
The Speaker assumed the Chair.
Comments and Recommendations
Rep. Gagliardi moved that the following remarks be printed in the Journal.
The motion prevailed.
Speaker Hertel:
"Colleagues, we have a very special guest with us this afternoon. We appreciate him taking time out from his very, very busy schedule. Many people who don't follow closely college athletics and college basketball in particular, may not know that perhaps the busiest time for a university coach is not during the season, but during that time of year when the coach is busy recruiting prospects for the upcoming season. It's a time consuming and very exhausting trek around the entire country and that's why it is so special that Coach Izzo is taking a few minutes out of his busy schedule to be here with us today. We in turn are going to take this opportunity to honor Coach Izzo, not only for the job that he and his team did on the court as the Big Ten Champions, but perhaps more importantly a tremendous individual honor has been bestowed on Coach Izzo. He has been chosen as the NCAA Division One College Basketball Coach of the Year.
At this time I would like to invite all of my colleagues who represent the East Lansing and Lansing area to be up here on the podium with us as well as my colleagues from the Upper Peninsula. For those of you who don't know it Coach Izzo is a native Yupper from Iron Mountain. So I would ask that all of you come up here at this time. On behalf of Representative Sikkema, the Republican Leader, and all of my colleagues in the House of Representatives we are proud and honored to give you this resolution in recognition of a very, very special year for you and for Michigan State University, congratulations."
Tom Izzo:
"I have to admit that it has been a great year for me and I've had a lot of honors, but you've outdone yourselves. This is quite a treat for me, I've never been on the floor and I really enjoyed it. I kind of enjoy the little squabbles, it reminds me of Jud and Bobby Knight. I really appreciate all of you and for you taking your time out of your busy schedule to bestow this honor on me. Speaker Hertel, I can't tell you how much I appreciate it. Thank you."
By unanimous consent the House returned to the order of
Messages from the Senate
The Speaker laid before the House
House Bill No. 5593, entitled
A bill to make appropriations for the department of state police and certain other state purposes for the fiscal year ending September 30, 1999; to provide for the expenditure of those appropriations; to provide for certain reports and the consideration of those reports; to provide for the disposition of other income received by the various state agencies; to provide for the testing of certain persons; to provide for certain emergency powers; and to provide for the powers and duties of certain committees, certain state agencies, and certain employees.
(The bill was received from the Senate on May 27, with substitute (S-1) and immediate effect given by the Senate, consideration of which, under the rules, was postponed until May 28, see House Journal No. 51, p. 1195.)
The question being on concurring in the adoption of the substitute (S-1) made to the bill by the Senate,
The substitute (S-1) was not concurred in, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 568 Yeas--0
Nays--100
Agee Dobb Kelly Price
Alley Dobronski Kilpatrick Profit
Anthony Emerson Kukuk Prusi
Baade Fitzgerald LaForge Quarles
Baird Frank Law Raczkowski
Bankes Freeman Leland Rhead
Basham Gagliardi LeTarte Richner
Birkholz Galloway Llewellyn Rison
Bodem Gernaat London Rocca
Bogardus Gilmer Lowe Sanborn
Brackenridge Gire Mans Schauer
Brater Godchaux Martinez Schermesser
Brewer Goschka Mathieu Schroer
Brown Gubow McBryde Scranton
Byl Gustafson McManus Sikkema
Callahan Hale McNutt Stallworth
Cassis Hammerstrom Middaugh Tesanovich
Cherry Hanley Middleton Thomas
Ciaramitaro Harder Nye Vaughn
Crissman Hertel Olshove Voorhees
Cropsey Horton Owen Walberg
Curtis Jansen Oxender Wetters
Dalman Jelinek Palamara Whyman
DeHart Jellema Parks Willard
DeVuyst Kaza Perricone Wojno
In The Chair: Hertel
The Speaker appointed as conferees, on the part of the House of Representatives, Reps. Schroer, Hale and McBryde.
Messages from the Governor
The following message from the Governor was received and read:
June 4, 1998
Ms. Mary Kay Scullion, Clerk
House of Representatives
State Capitol Building
Lansing, Michigan 48909
Dear Ms. Scullion:
Per the request of the House of Representatives, I am returning Enrolled House Bill 5304.
Sincerely,
John Engler
Governor
By unanimous consent the House returned to the order of
Motions and Resolutions
Rep. Gagliardi moved to vacate the enrollment of House Bill No. 5304.
The motion prevailed.
June 9, 1998
Ms. Carol Morey Viventi
Secretary of the Senate
Capitol Building
Lansing, MI 48909
Dear Ms. Viventi:
Pursuant to Joint Rule 12, this is to notify the Senate that, upon enrollment, an error has been found in House Bill No. 5304 on page 2, line 3. Therefore, the following amendment has been adopted, by record roll call vote of the House of Representatives:
1. Amend page 2, line 3, by striking out "1487-95" and inserting "F1487-97".
Very respectfully,
Mary Kay Scullion, Clerk
House of Representatives
The House approved the letter correcting the amendment, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 569 Yeas--102
Agee Dobronski Kilpatrick Profit
Alley Emerson Kukuk Prusi
Anthony Fitzgerald LaForge Quarles
Baade Frank Law Raczkowski
Baird Freeman Leland Rhead
Bankes Gagliardi LeTarte Richner
Basham Galloway Llewellyn Rison
Birkholz Geiger London Rocca
Bodem Gernaat Lowe Sanborn
Bogardus Gilmer Mans Schauer
Brackenridge Gire Martinez Schermesser
Brater Godchaux Mathieu Schroer
Brewer Goschka McBryde Scranton
Brown Gubow McManus Sikkema
Byl Gustafson McNutt Stallworth
Callahan Hale Middaugh Tesanovich
Cassis Hammerstrom Middleton Thomas
Cherry Hanley Nye Varga
Ciaramitaro Harder Olshove Vaughn
Crissman Hertel Owen Voorhees
Cropsey Horton Oxender Walberg
Curtis Jansen Palamara Wetters
Dalman Jelinek Parks Whyman
DeHart Jellema Perricone Willard
DeVuyst Kaza Price Wojno
Dobb Kelly
Nays--0
In The Chair: Hertel
______
Rep. Hood entered the House Chambers.
Rep. Gagliardi moved that House Committees be given leave to meet during the balance of today's session.
The motion prevailed.
Rep. Gagliardi moved that when the House adjourns today it stand adjourned until Wednesday, June 10, at 10:00 a.m.
The motion prevailed.
Reps. Thomas, Bankes, Dobronski, LaForge, Kelly, Baade, Martinez, Baird, Anthony, Schauer, Hale, Cherry, Brater, Gire, Quarles, Bogardus, Schermesser, Vaughn, DeHart, McNutt, London, Bodem, Tesanovich, Varga, Parks, Gubow, Freeman, Palamara, Gernaat, Profit, Richner, Raczkowski, Birkholz, Green, Godchaux, Jellema and Scranton offered the following resolution:
House Resolution No. 315.
A resolution declaring the month of June as Healthy Detroit Month.
Whereas, The Healthy Detroit Initiative was organized as a collaborative effort to enhance the quality of life for metropolitan Detroit area residents as a means of improving health status; and
Whereas, Healthy Detroit believes in the inherent worth, dignity and equality of every person, and in the right of every person to our basic needs as human beings: love, good housing, food, health care, a clean and nurturing environment, meaningful and purposeful work, quality education, recreation, safety of person and property; and
Whereas, Healthy Detroit is committed to live in harmony with one another in vibrant communities, to place special emphasis on the unique needs of our youth and elders, to respect our different beliefs and to protect our natural environment for the sake of ourselves and future generations; now, therefore, be it
Resolved by the House of Representatives, That members of this legislative body declare the month of June as Healthy Detroit Month, and urge all citizens to join in this joyous celebration of life; and be it further
Resolved, That a copy of this resolution be transmitted to Healthy Detroit as evidence of our support for their endeavors.
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.
Reports of Select Committees
Senate Bill No. 3, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending section 7410 (MCL 333.7410), as amended by 1994 PA 174.
The Senate has adopted the report of the Committee of Conference and ordered that the bill be given immediate effect.
The Conference Report was read as follows:
First Conference Report
The Committee of Conference on the matters of difference between the two Houses concerning
Senate Bill No. 3, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending section 7410 (MCL 333.7410), as amended by 1994 PA 174.
Recommends:
First: That the House recede from its amendments numbered 1 to 7, which read as follows:
1. Amend page 1, line 9, after "not" by striking out "less than 1 year nor".
2. Amend page 2, line 14, after the fourth "PARK" by striking out "shall" and inserting "MAY".
3. Amend page 2, line 16, after "not" by striking out "less than 2 years or".
4. Amend page 2, line 26, after "7214(a)(iv)" by striking out "shall" and inserting "MAY".
5. Amend page 2, line 27, after "not" by striking out "less than 2 years or".
6. Amend page 3, line 10, by striking out all of subsection (5) and renumbering the remaining subsections.
7. Amend page 4, following line 3, by striking out all of enacting section 1 and inserting:
"Enacting section 1. This amendatory act takes effect August 1, 1998.".
Second: That the Senate and House agree to the Substitute of the Senate as passed by the Senate, amended to read as follows:
A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding section 7410a.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
SEC. 7410A. (1) AN INDIVIDUAL 18 YEARS OF AGE OR OVER WHO DOES ANY OF THE FOLLOWING MAY BE PUNISHED BY A TERM OF IMPRISONMENT OF NOT MORE THAN 2 YEARS:
(A) VIOLATES SECTION 7401(2)(A)(iv) BY DELIVERING A CONTROLLED SUBSTANCE DESCRIBED IN SCHEDULE 1 OR 2 THAT IS EITHER A NARCOTIC DRUG OR DESCRIBED IN SECTION 7214(A)(iv) TO A MINOR WHO IS IN A PUBLIC PARK OR PRIVATE PARK OR WITHIN 1,000 FEET OF A PUBLIC PARK OR PRIVATE PARK.
(B) VIOLATES SECTION 7401(2)(A)(iv) BY POSSESSING WITH INTENT TO DELIVER A CONTROLLED SUBSTANCE DESCRIBED IN SCHEDULE 1 OR 2 THAT IS EITHER A NARCOTIC DRUG OR DESCRIBED IN SECTION 7214(A)(iv) TO A MINOR WHO IS IN A PUBLIC PARK OR PRIVATE PARK OR WITHIN 1,000 FEET OF A PUBLIC PARK OR PRIVATE PARK.
(C) VIOLATES SECTION 7403(2)(A)(v), (B), (C), OR (D) BY POSSESSING A CONTROLLED SUBSTANCE IN A PUBLIC PARK OR PRIVATE PARK.
(2) THE TERM OF IMPRISONMENT AUTHORIZED UNDER SUBSECTION (1) IS IN ADDITION TO THE TERM OF IMPRISONMENT AUTHORIZED FOR THE VIOLATION OF SECTION 7401(2)(A)(iv) OR SECTION 7403(2)(A)(v), (B), (C), OR (D).
(3) AS USED IN THIS SECTION:
(A) "PRIVATE PARK" MEANS REAL PROPERTY OWNED OR MAINTAINED BY A PRIVATE INDIVIDUAL OR ENTITY AND THAT IS OPEN TO THE GENERAL PUBLIC OR LOCAL RESIDENTS FOR RECREATION OR AMUSEMENT.
(B) "PUBLIC PARK" MEANS REAL PROPERTY OWNED OR MAINTAINED BY THIS STATE OR A POLITICALSUBDIVISION OF THIS STATE THAT IS DESIGNATED BY THIS STATE OR BY THAT POLITICAL SUBDIVISION AS A PUBLIC PARK.
Enacting section 1. This amendatory act takes effect October 1, 1998.
Third: That the Senate and House agree to the title of the bill to read as follows:
A bill 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," (MCL 333.1101 to 333.25211) by adding section 7410A.
Michael J. Bouchard
Virgil Clark Smith
Conferees for the Senate
Ted Wallace
Laura Baird
Michael E. Nye
Conferees for the House
The Speaker announced that under Joint Rule 9 the conference report would lie over one day to fulfill the Journal printing requirements.
Reports of Standing Committees
The Committee on Corrections, by Rep. Freeman, Chair, reported
Senate Bill No. 838, 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 allow for the operation of certain facilities by private entities; 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 11a, 51, and 56 (MCL 791.211a, 791.251, and 791.256), sections 11a and 56 as added by 1994 PA 93 and section 51 as amended by 1994 PA 217.
With the recommendation that the substitute (H-2) be adopted and that the bill then pass.
The bill and substitute were referred to the order of Second Reading of Bills.
Favorable Roll Call
SB 838 To Report Out:
Yeas: Reps. Freeman, Mans, Agee, Callahan, Galloway, Nye, Sanborn,
Nays: None.
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Freeman, Chair of the Committee on Corrections, was received and read:
Meeting held on: Thursday, June 4, 1998, at 9:00 a.m.,
Present: Reps. Freeman, Mans, Agee, Callahan, Galloway, Nye, Perricone, Sanborn,
Absent: Rep. DeHart,
Excused: Rep. DeHart.
The Committee on Agriculture, by Rep. Wetters, Chair, reported
House Bill No. 5792, entitled
A bill to amend 1851 PA 156, entitled "An act to define the powers and duties of the county boards of commissioners of the several counties, and to confer upon them certain local, administrative and legislative powers; and to prescribe penalties for the violation of the provisions of this act," (MCL 46.1 to 46.32) by adding section 22.
With the recommendation that the substitute (H-4) be adopted and that the bill then pass.
The bill and substitute were referred to the order of Second Reading of Bills.
Favorable Roll Call
HB 5792 To Report Out:
Yeas: Reps. Wetters, Vaughn, Baade, Brewer, LaForge, Gernaat, Horton, Jelinek, Nye,
Nays: Rep. Willard.
The Committee on Agriculture, by Rep. Wetters, Chair, reported
House Bill No. 5793, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 9301, 9302, 9303, 9304, 9305, 9306, 9307, 9308, 9310, 9311, 9312, and 9313 (MCL 324.9301, 324.9302, 324.9303, 324.9304, 324.9305, 324.9306, 324.9307, 324.9308, 324.9310, 324.9311, 324.9312, and 324.9313), as added by 1995 PA 60, and by adding section 9314; and to repeal acts and parts of acts.
With the recommendation that the substitute (H-3) be adopted and that the bill then pass.
The bill and substitute were referred to the order of Second Reading of Bills.
Favorable Roll Call
HB 5793 To Report Out:
Yeas: Reps. Wetters, Vaughn, Baade, Brewer, LaForge, Green, DeVuyst, Gernaat, Horton, Jelinek, Nye,
Nays: Rep. Willard.
The Committee on Agriculture, by Rep. Wetters, Chair, reported
House Resolution No. 281.
A resolution to memorialize the United States Department of Agriculture to continue operations in Niles, Michigan, of its Plant Protection Center.
(For text of resolution, see House Journal No. 41, p. 888.)
With the recommendation that the resolution be adopted.
The Speaker announced that under Rule 77 the resolution would lie over one day.
Favorable Roll Call
HR 281 To Report Out:
Yeas: Reps. Wetters, Vaughn, Baade, Bogardus, Brewer, LaForge, Willard, Gernaat, Nye,
Nays: None.
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Wetters, Chair of the Committee on Agriculture, was received and read:
Meeting held on: Thursday, June 4, 1998, at 8:30 a.m.,
Present: Reps. Wetters, Vaughn, Baade, Bogardus, Brewer, LaForge, Willard, Green, DeVuyst, Gernaat, Horton, Jelinek, Nye.
The Committee on Constitutional and Civil Rights, by Rep. Vaughn, Chair, reported
House Bill No. 4674, 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.
With the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
HB 4674 To Report Out:
Yeas: Reps. Vaughn, Freeman, Baird, Dobronski, Wallace,
Nays: Reps. McManus, Kaza, Llewellyn, Whyman.
The Committee on Constitutional and Civil Rights, by Rep. Vaughn, Chair, reported
House Resolution No. 176.
A resolution to memorialize the President and the Congress of the United States to oppose religious persecution around the world.
(For text of resolution, see House Journal No. 90 of 1997, p. 2341.)
With the recommendation that the resolution be adopted.
The Speaker announced that under Rule 77 the resolution would lie over one day.
Favorable Roll Call
HR 176 To Report Out:
Yeas: Reps. Vaughn, Freeman, Baird, Dobronski, Wallace, McManus, Kaza, Whyman,
Nays: None.
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Vaughn, Chair of the Committee on Constitutional and Civil Rights, was received and read:
Meeting held on: Tuesday, June 9, 1998, at 1:05 p.m.,
Present: Reps. Vaughn, Freeman, Baird, Dobronski, Wallace, McManus, Kaza, Llewellyn, Whyman.
Announcement by the Clerk of Printing and Enrollment
The Clerk announced that the following bills had been printed and placed upon the files of the members, Wednesday, June 3:
Senate Bill Nos. 1172 1174
The Clerk announced that the following Senate bills had been received on Thursday, June 4:
Senate Bill Nos. 888 1149 1159 1170
The Clerk announced the enrollment printing and presentation to the Governor on Friday, June 5, for his approval of the following bills:
Enrolled House Bill No. 5071 at 10:12 a.m.
Enrolled House Bill No. 5343 at 10:14 a.m.
The Clerk announced that the following bill had been printed and placed upon the files of the members, Friday, June 5:
House Bill No. 5915
The Clerk announced that the following bills had been printed and placed upon the files of the members, Monday, June 8:
House Bill Nos. 5906 5907 5908 5909 5910 5911 5912 5913 5914
The Clerk announced that the following Senate bill had been received on Tuesday, June 9:
Senate Bill No. 1152
The Clerk announced that the following Senate bill had been approved and signed by the Governor:
Enrolled Senate Bill No. 864 - Public Act No. 108
By unanimous consent the House returned to the order of
Messages from the Senate
House Bill No. 4289, entitled
A bill to amend 1931 PA 328, entitled "An act to revise, consolidate, codify and add to the statutes relating to crimes; to define crimes and prescribe the penalties therefor; to provide for restitution under certain circumstances; to provide for the competency of evidence at the trial of persons accused of crime; to provide immunity from prosecution for certain witnesses appearing at such trials; and to repeal certain acts and parts of acts inconsistent with or contravening any of the provisions of this act," by amending sections 200, 201, 204, and 211a (MCL 750.200, 750.201, 750.204, and 750.211a) and by adding section 209a.
The Senate has amended the House amendment as follows:
1. Amend the House Amendment, page 7, following line 20, enacting section 1, after "effect" by striking out "July" and inserting "October".
The Senate has concurred in the House amendment as amended, ordered that the bill be given immediate effect and agreed to the title as amended.
The Speaker announced that pursuant to Rule 45, the bill was laid over one day.
House Bill No. 4738, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 248 (MCL 257.248), as amended by 1993 PA 300, and by adding sections 1d, 1e, and 4c.
The Senate has substituted (S-6) the bill.
The Senate has passed the bill as substituted (S-6), ordered that it be given immediate effect and amended the title to read as follows:
A bill to amend 1949 PA 300, entitled "An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of owners and operators of vehicles and service of process on residents and nonresidents; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date," by amending section 251 (MCL 257.251), as amended by 1993 PA 300.
The Speaker announced that pursuant to Rule 45, the bill was laid over one day.
House Bill No. 4740, entitled
A bill to amend 1981 PA 118, entitled "An act to regulate motor vehicle manufacturers, distributors, wholesalers, dealers, and their representatives; to regulate dealings between manufacturers and distributors or wholesalers and their dealers; to regulate dealings between manufacturers, distributors, wholesalers, dealers, and consumers; to prohibit unfair practices; to provide remedies and penalties; and to repeal certain acts and parts of acts," by amending sections 13 and 14 (MCL 445.1573 and 445.1574).
The Senate has substituted (S-3) the bill.
The Senate has passed the bill as substituted (S-3), ordered that it be given immediate effect and amended the title to read as follows:
A bill to amend 1981 PA 118, entitled "An act to regulate motor vehicle manufacturers, distributors, wholesalers, dealers, and their representatives; to regulate dealings between manufacturers and distributors or wholesalers and their dealers; to regulate dealings between manufacturers, distributors, wholesalers, dealers, and consumers; to prohibit unfair practices; to provide remedies and penalties; and to repeal certain acts and parts of acts," by amending sections 2, 3, 5, 13, and 14 (MCL 445.1562, 445.1563, 445.1565, 445.1573, and 445.1574), section 2 as amended by 1983 PA188, and by adding section 22a.
The Speaker announced that pursuant to Rule 45, the bill was laid over one day.
House Bill No. 5424, entitled
A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 1311 (MCL 380.1311), as amended by 1995 PA 250, and by adding section 1311b.
The Senate has substituted (S-1) the bill.
The Senate has passed the bill as substituted (S-1), ordered that it be given immediate effect and amended the title to read as follows:
A bill to amend 1976 PA 451, entitled "An act to provide a system of public instruction and elementary and secondary schools; to revise, consolidate, and clarify the laws relating to elementary and secondary education; to provide for the organization, regulation, and maintenance of schools, school districts, public school academies, and intermediate school districts; to prescribe rights, powers, duties, and privileges of schools, school districts, public school academies, and intermediate school districts; to provide for the regulation of school teachers and certain other school employees; to provide for school elections and to prescribe powers and duties with respect thereto; to provide for the levy and collection of taxes; to provide for the borrowing of money and issuance of bonds and other evidences of indebtedness; to establish a fund and provide for expenditures from that fund; to provide for and prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to provide for licensure of boarding schools; to prescribe penalties; and to repeal acts and parts of acts," by amending section 1311 (MCL 380.1311), as amended by 1995 PA 250.
The Speaker announced that pursuant to Rule 45, the bill was laid over one day.
House Bill No. 5561, entitled
A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding sections 5451, 5457, 5458, 5459, 5460, 5460a, 5461, 5468, 5469, 5470, 5472, 5473a, 5474, 5475, 5477, and 5478.
The Senate has amended the bill as follows:
1. Amend page 13, line 20, after "TO" by striking out "CONTROL" and inserting "MINIMIZE".
2. Amend page 17, line 1, by striking out all of section 5478.
The Senate has passed the bill as amended, ordered that it be given immediate effect and amended the title to read as follows:
A bill 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," (MCL 333.1101 to 333.25211) by adding sections 5451, 5457, 5458, 5459, 5460, 5460a, 5461, 5468, 5469, 5470, 5472, 5473a, 5474, 5475, and 5477.
The Speaker announced that pursuant to Rule 45, the bill was laid over one day.
House Bill No. 5138, entitled
A bill to amend 1954 PA 116, entitled "Michigan election law," by amending section 482 (MCL 168.482), as amended by 1993 PA 137, and by adding section 488.
The Senate has passed the bill and pursuant to Joint Rule 20, inserted the full title.
The House agreed to the full title.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 5139, entitled
A bill to amend 1846 RS 16, entitled "Of the powers and duties of townships, the election and duties of township officers, and the division of townships," (MCL 41.1a to 41.110c) by adding section 9.
The Senate has passed the bill.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 5140, entitled
A bill to amend 1947 PA 359, entitled "The charter township act," (MCL 42.1 to 42.34) by amending the title and by adding section 2a.
The Senate has passed the bill and pursuant to Joint Rule 20, inserted the full title.
The House agreed to the full title.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 5141, entitled
A bill to amend 1895 PA 3, entitled "The general law village act," (MCL 61.1 to 74.25) by amending the title, as amended by 1983 PA 44, and by adding section 14 to chapter III.
The Senate has passed the bill and pursuant to Joint Rule 20, inserted the full title.
The House agreed to the full title.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 5142, entitled
A bill to amend 1851 PA 156, entitled "An act to define the powers and duties of the county boards of commissioners of the several counties, and to confer upon them certain local, administrative and legislative powers; and to prescribe penalties for the violation of the provisions of this act," (MCL 46.1 to 46.32) by adding section 10c.
The Senate has passed the bill.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 5143, entitled
A bill to amend 1966 PA 293, entitled "An act to provide for the establishment of charter counties; to provide for the election of charter commissioners; to prescribe their powers and duties; to prohibit certain acts of a county board of commissioners after the approval of the election of a charter commission; to prescribe the mandatory and permissive provisions of a charter; and to provide for the exercise by a charter county of certain powers whether or not authorized by its charter," (MCL 45.501 to 45.521) by amending the title, as amended by 1994 PA 20, and by adding section 2a.
The Senate has passed the bill.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 5144, entitled
A bill to amend 1909 PA 278, entitled "The home rule village act," (MCL 78.1 to 78.28) by amending the title and by adding section 2a.
The Senate has passed the bill and pursuant to Joint Rule 20, inserted the full title.
The House agreed to the full title.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 5145, entitled
A bill to amend 1895 PA 215, entitled "The fourth class city act," by amending the title, section 3 of chapter I, sections 11 and 13 of chapter XXVIII, and section 1 of chapter XXXIII (MCL 81.3, 108.11, 108.13, and 113.1), the title as amended by 1983 PA 45, and by adding section 11 to chapter VI.
The Senate has passed the bill and pursuant to Joint Rule 20, inserted the full title.
The House agreed to the full title.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 5146, entitled
A bill to amend 1909 PA 279, entitled "The home rule city act," (MCL 117.1 to 117.38) by amending the title, as amended by 1986 PA 64, and by adding section 25a.
The Senate has passed the bill and pursuant to Joint Rule 20, inserted the full title.
The House agreed to the full title.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 5147, entitled
A bill to amend 1943 PA 183, entitled "County zoning act," (MCL 125.201 to 125.240) by amending the title, as amended by 1996 PA 569, and by adding section 12a.
The Senate has passed the bill and pursuant to Joint Rule 20, inserted the full title.
The House agreed to the full title.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 5148, entitled
A bill to amend 1943 PA 184, entitled "Township zoning act," (MCL 125.271 to 125.310) by amending the title, as amended by 1996 PA 570, and by adding section 12a.
The Senate has passed the bill and pursuant to Joint Rule 20, inserted the full title.
The House agreed to the full title.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 5149, entitled
A bill to amend 1959 PA 168, entitled "An act to provide for township planning; for the creation, organization, powers and duties of township planning commissions; and for the regulation and subdivision of land," (MCL 125.321 to 125.333) by amending the title and by adding section 3a.
The Senate has passed the bill.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 5150, entitled
A bill to amend 1941 PA 107, entitled "An act to authorize township water supply and sewage disposal services and facilities; to provide for financing of those services and facilities; and to prescribe the powers and duties of township boards with respect to those services and facilities," (MCL 41.331 to 41.350t) by amending the title, as amended by 1989 PA 83, and by adding section 20u.
The Senate has passed the bill.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 5151, entitled
A bill to amend 1933 PA 94, entitled "The revenue bond act of 1933," (MCL 141.101 to 141.140) by amending the title, as amended by 1987 PA 263, and by adding section 33b.
The Senate has passed the bill and pursuant to Joint Rule 20, inserted the full title.
The House agreed to the full title.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 5152, entitled
A bill to amend 1921 PA 50, entitled "An act to authorize and empower townships to own and acquire land by gift or purchase for the erection of memorials to soldiers and sailors; to authorize the erection of such memorials; to provide for the assessment, levy and collection of taxes therefor, for the custody, control and management of such memorials and providing for a referendum by the electors thereof," (MCL 35.861 to 35.864) by amending the title and by adding section 5.
The Senate has passed the bill.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 5153, entitled
A bill to amend 1965 PA 246, entitled "An act to establish and provide a civil service system in certain townships; to create a civil service commission, and to prescribe the duties thereof; to provide certain exemptions from and classifications in civil service; to prescribe penalties for the violation of the provisions of this act; and to prescribe the manner of adoption of this act by townships," (MCL 38.451 to 38.470) by adding section 1a.
The Senate has passed the bill.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 5154, entitled
A bill to amend 1935 PA 78, entitled "An act to establish and provide a board of civil service commissioners in cities, villages, and municipalities having full-time paid members in the fire or police departments, or both; to provide a civil service system based upon examination and investigation as to merit, efficiency, and fitness for appointment, employment, and promotion of all full-time paid members appointed in the fire and police departments and respective cities, villages, and municipalities; to regulate the transfer, reinstatement, suspension, and discharge of officers, fire fighters, and police officers; and to repeal certain acts and parts of acts," (MCL 38.501 to 38.518) by amending the title, as amended by 1986 PA 155, and by adding section 17b.
The Senate has passed the bill.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 5155, entitled
A bill to amend 1937 PA 345, entitled "Fire fighters and police officers retirement act," (MCL 38.551 to 38.562) by amending the title, as amended by 1989 PA 7, and by adding section 11a.
The Senate has passed the bill and pursuant to Joint Rule 20, inserted the full title.
The House agreed to the full title.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 5156, entitled
A bill to amend 1973 PA 139, entitled "An act to provide forms of county government; to provide for county managers and county executives and to prescribe their powers and duties; to abolish certain departments, boards, commissions, and authorities; to provide for transfer of certain powers and functions; to prescribe powers of a board of county commissioners and elected officials; to provide organization of administrative functions; to transfer property; to retain ordinances and laws not inconsistent with this act; and to provide methods for abolition of a unified form of county government," by amending the title and section 23 (MCL 45.573), section 23 as amended by 1980 PA 100, and by adding section 3a.
The Senate has passed the bill.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 5157, entitled
A bill to amend 1939 PA 342, entitled "County public improvement act of 1939," (MCL 46.171 to 46.188) by amending the title and by adding section 4a.
The Senate has passed the bill and pursuant to Joint Rule 20, inserted the full title.
The House agreed to the full title.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 5158, entitled
A bill to amend 1966 PA 261, entitled "An act to provide for the apportionment of county boards of commissioners; to prescribe the size of the board; to provide for appeals; to prescribe the manner of election of the members of the county board of commissioners; to provide for compensation of members; and to repeal certain acts and parts of acts," (MCL 46.401 to 46.416) by amending the title and by adding section 11b.
The Senate has passed the bill.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 5159, entitled
A bill to amend 1966 PA 298, entitled "An act to establish and provide a board of civil service commissioners for sheriffs' departments in certain counties; to provide a civil service system based upon examination and investigation as to merit, efficiency and fitness for appointment, employment and promotion of all officers and men appointed in the departments; to regulate the transfer, reinstatement, suspension and discharge of said officers; and to provide for referendums," (MCL 51.351 to 51.367) by amending the title and section 16 (MCL 51.366).
The Senate has passed the bill.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 5160, entitled
A bill to amend 1921 PA 378, entitled "An act to provide for the several counties of the state of Michigan purchasing or making, establishing and maintaining systems of abstracts of title of lands in such counties; the making and selling of abstracts of title and furnishing of information concerning the condition of titles and charging of fees therefor; the employing of persons to keep and maintain such systems of abstracts, and the doing of all things necessary for the carrying on of a general business of making and furnishing abstracts of title to the lands in such counties," (MCL 53.141 to 53.151) by amending the title and by adding section 12.
The Senate has passed the bill.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 5161, entitled
A bill to amend 1964 PA 284, entitled "City income tax act," (MCL 141.501 to 141.787) by amending the title, as amended by 1996 PA 478, and by adding section 3d to chapter 1.
The Senate has passed the bill and pursuant to Joint Rule 20, inserted the full title.
The House agreed to the full title.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 5162, entitled
A bill to amend 1921 PA 144, entitled "An act to provide a primary election system for the nomination of village officers," (MCL 200.61 to 200.65) by amending the title and by adding section 1a.
The Senate has passed the bill.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 5163, entitled
A bill to amend 1978 PA 485, entitled "An act to permit the creation of a county officers compensation commission; and to prescribe the powers and duties of the commission and other public officers," (MCL 45.471 to 45.477) by amending the title and by adding section 6a.
The Senate has passed the bill.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 5164, entitled
A bill to amend 1923 PA 116, entitled "Township and village public improvement and public service act," by amending the title and section 3a (MCL 41.413a), the title as amended by 1989 PA 82 and section 3a as amended by 1992 PA 177.
The Senate has passed the bill and pursuant to Joint Rule 20, inserted the full title.
The House agreed to the full title.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 5165, entitled
A bill to amend 1905 PA 157, entitled "An act to provide for the acquisition, maintenance, management, and control of township parks, resorts, bathing beaches, and places of recreation; to provide for the creation of a township park commission; to provide for a board of commissioners to provide for the issuance of bonds and the levy of taxes; to provide for the transfer of certain real property for parks; to authorize cities and villages to appropriate money for park purposes; to provide for the acquisition, construction, and use of wharves, piers, docks, and landing places in townships; and to provide the powers and duties of certain local units of government and certain officials," (MCL 41.421 to 41.429) by amending the title, as amended by 1989 PA 79, and by adding section 5a.
The Senate has passed the bill.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 5167, entitled
A bill to amend 1974 PA 160, entitled "An act to provide for the adjustment of county boundaries; to provide for referendum thereon; and to prescribe the powers and duties of the secretary of state," (MCL 45.101 to 45.102) by amending the title and by adding section 1a.
The Senate has passed the bill.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 5168, entitled
A bill to amend 1933 PA 62, entitled "Property tax limitation act," by amending the title and sections 5a and 5b (MCL 211.205a and 211.205b), the title and section 5b as amended by 1994 PA 190.
The Senate has passed the bill and pursuant to Joint Rule 20, inserted the full title.
The House agreed to the full title.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 5169, entitled
A bill to amend 1923 PA 161, entitled "An act to provide for the establishment of county sinking funds and to create a county sinking fund commission, to prescribe the powers and duties thereof, and to repeal all acts and parts of acts contravening the provisions of this act," (MCL 141.31 to 141.39) by amending the title and by adding section 10.
The Senate has passed the bill.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 5170, entitled
A bill to amend 1963 PA 62, entitled "Industrial development revenue bond act," (MCL 125.1251 to 125.1267) by amending the title and by adding section 12a.
The Senate has passed the bill and pursuant to Joint Rule 20, inserted the full title.
The House agreed to the full title.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 5171, entitled
A bill to amend 1933 (Ex Sess) PA 18, entitled "An act to authorize any city, village, township, or county to purchase, acquire, construct, maintain, operate, improve, extend, and repair housing facilities; to eliminate housing conditions which are detrimental to the public peace, health, safety, morals, or welfare; and for any such purposes to authorize any such city, village, township, or county to create a commission with power to effectuate said purposes, and to prescribe the powers and duties of such commission and of such city, village, township, or county; and for any such purposes to authorize any such commission, city, village, township, or county to issue notes and revenue bonds; to regulate the issuance, sale, retirement, and refunding of such notes and bonds; to regulate the rentals of such projects and the use of the revenues of the projects; to prescribe the manner of selecting tenants for such projects; to provide for condemnation of private property for such projects; to confer certain powers upon such commissions, cities, villages, townships, and counties in relation to such projects, including the power to receive aid and cooperation of the federal government; to provide for a referendum thereon; to provide for cooperative financing by 2 or more commissions, cities, villages, townships, or counties or any combination thereof; to provide for the issuance, sale, and retirement of revenue bonds and special obligation notes for such purposes; to provide for financing agreements between cooperating borrowers; to provide for other matters relative to the bonds and notes and methods of cooperative financing; and for other purposes," (MCL 125.651 to 125.709c) by amending the title, as amended by 1996 PA 338, and by adding section 3a.
The Senate has passed the bill.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 5172, entitled
A bill to amend 1989 PA 292, entitled "Metropolitan council act," (MCL 124.651 to 124.685) by amending the title and by adding section 13a.
The Senate has passed the bill and pursuant to Joint Rule 20, inserted the full title.
The House agreed to the full title.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 5173, entitled
A bill to amend 1988 PA 57, entitled "An act to provide for the incorporation by 2 or more municipalities of certain authorities for the purpose of providing emergency services to municipalities; to provide for the powers and duties of authorities and of certain state and local agencies and officers; to guarantee certain labor contracts and employment rights in regard to the formation and reorganization of authorities; to provide for certain condemnation proceedings; and to provide for the levy of property taxes for certain purposes," (MCL 124.601 to 124.614) by amending the title and by adding section 4a.
The Senate has passed the bill.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 5174, entitled
A bill to amend 1986 PA 196, entitled "Public transportation authority act," by amending the title and section 8 (MCL 124.458), section 8 as amended by 1990 PA 10.
The Senate has passed the bill and pursuant to Joint Rule 20, inserted the full title.
The House agreed to the full title.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 5176, entitled
A bill to amend 1967 (Ex Sess) PA 7, entitled "Urban cooperation act of 1967," (MCL 124.501 to 124.512) by amending the title, as amended by 1989 PA 138, and by adding section 5b.
The Senate has passed the bill and pursuant to Joint Rule 20, inserted the full title.
The House agreed to the full title.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 5177, entitled
A bill to amend 1939 PA 147, entitled "An act to provide for the incorporation of the Huron-Clinton metropolitan authority; to permit the counties of Wayne, Washtenaw, Livingston, Oakland, and Macomb, or certain of such counties, to join in a metropolitan district for planning, promoting, and/or for acquiring, constructing, owning, developing, maintaining and operating, either within or without their limits, parks, connecting drives, and/or limited access highways; to provide for the assessment, levy, collection and return of taxes therefor; to provide for the issuance of revenue bonds; to authorize condemnation proceedings; and to provide a referendum thereon," (MCL 119.51 to 119.61) by amending the title and by adding section 12.
The Senate has passed the bill.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 5178, entitled
A bill to amend 1929 PA 312, entitled "The metropolitan district act," (MCL 119.1 to 119.18) by amending the title, as amended by 1989 PA 98, and by adding section 9b.
The Senate has passed the bill and pursuant to Joint Rule 20, inserted the full title.
The House agreed to the full title.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 5179, entitled
A bill to amend 1991 PA 180, entitled "An act to assist in the financing of stadia or convention facilities; to permit eligible municipalities to impose and collect an excise tax on businesses engaged in the preparation and delivery of food and beverages for immediate consumption, in leasing or renting motor vehicles in the eligible municipality, and in providing accommodations for dwelling, lodging, or sleeping purposes; to limit the rate of that excise tax; to authorize voter approval in a single ballot question of the excise tax authorized by this act and of certain purposes for which the excise tax is imposed; to provide for the establishment of procedures for the collection, administration, and enforcement of the excise tax; to prescribe the powers and duties of certain state departments and state and local officials; to provide for the disposition and transmittal of the revenues from the tax for stadia or convention facility development and other purposes and authorize the pledge of those revenues; to authorize the appointment of employees and officials of a local governmental unit to an authority to which revenues from the tax may be pledged; to prescribe penalties and provide remedies; and to repeal certain acts and parts of acts," (MCL 207.751 to 207.759) by adding section 2a.
The Senate has passed the bill.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 5180, entitled
A bill to amend 1909 PA 283, entitled "An act to revise, consolidate, and add to the laws relating to the establishment, opening, discontinuing, vacating, closing, altering, improvement, maintenance, and use of the public highways and private roads; the condemnation of property and gravel therefor; the building, repairing and preservation of bridges; maintaining public access to waterways under certain conditions; setting and protecting shade trees, drainage, and cutting weeds and brush within this state; and providing for the election or appointment and defining the powers, duties, and compensation of state, county, township, and district highway officials," by amending the title and section 1 of chapter IV (MCL 224.1), the title as amended by 1996 PA 218.
The Senate has passed the bill.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 5181, entitled
A bill to amend 1957 PA 206, entitled "An act to authorize 2 or more counties, cities, townships and incorporated villages, or any combination thereof, to incorporate an airport authority for the planning, promoting, acquiring, constructing, improving, enlarging, extending, owning, maintaining and operating the landing, navigational and building facilities necessary thereto of 1 or more community airports; to provide for changes in the membership therein; to authorize an authority or the counties, cities, townships and incorporated villages that form an authority to levy taxes for such purposes; to provide for the operation and maintenance and issuing notes therefor; and to authorize condemnation proceedings," (MCL 259.621 to 259.631) by amending the title, as amended by 1987 PA 153, and by adding section 8a.
The Senate has passed the bill.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 5182, entitled
A bill to amend 1956 PA 197, entitled "An act to promote the agricultural interests of the various townships of this state; to provide referenda," (MCL 285.201 to 285.203) by amending the title and by adding section 2a.
The Senate has passed the bill.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 5183, entitled
A bill to amend 1989 PA 24, entitled "The district library establishment act," (MCL 397.171 to 397.196) by amending the title and by adding section 10a.
The Senate has passed the bill and pursuant to Joint Rule 20, inserted the full title.
The House agreed to the full title.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 5184, entitled
A bill to amend 1877 PA 164, entitled "An act to authorize cities, incorporated villages, and townships to establish and maintain, or contract for the use of, free public libraries and reading rooms," (MCL 397.201 to 397.217) by amending the title, as amended by 1984 PA 128, and by adding section 11a.
The Senate has passed the bill.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 5186, entitled
A bill to amend 1967 PA 179, entitled "An act to authorize the registered electors of, or governing body of, a county, city, village, or township to levy taxes and expend funds for youth centers," (MCL 123.461) by amending the title, as amended by 1988 PA 342, and by adding section 2.
The Senate has passed the bill.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 5187, entitled
A bill to amend 1891 PA 186, entitled "An act to authorize the cities and villages of this state to provide for the lighting of their streets and other public places therein by means of electric or other lights," (MCL 123.91 to 123.93) by amending the title and by adding section 4.
The Senate has passed the bill.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 5188, entitled
A bill to amend 1929 PA 199, entitled "An act to authorize and empower villages and townships of this state having a population not exceeding 10,000 inhabitants, to levy a tax for the maintenance or the purchase of lands and maintenance of property for a community center for the benefit of the public, provided the question of such purchase or maintenance, or both purchase and maintenance, as the case may be, is submitted to the duly qualified voters of such villages or townships and is adopted by a majority vote of those participating in said election," (MCL 123.41 to 123.46) by amending the title and by adding section 1a.
The Senate has passed the bill.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 5189, entitled
A bill to amend 1923 PA 230, entitled "An act to authorize and empower villages and townships of this state, also cities having a population not exceeding 50,000 inhabitants, to levy a tax for the maintenance and employment of a band for musical purposes for the benefit of the public, provided said special question is submitted to the duly qualified voters of such villages, townships or cities and adopted or agreed to by a majority vote of those participating in said election," (MCL 123.861 to 123.863) by amending the title and by adding section 1a.
The Senate has passed the bill.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 5190, entitled
A bill to amend 1955 PA 233, entitled "An act to provide for the incorporation of certain municipal authorities to acquire, own, extend, improve, and operate sewage disposal systems, water supply systems, and solid waste management systems; to prescribe the rights, powers, and duties thereof; to authorize contracts between such authorities and public corporations; and to provide for the issuance of bonds to acquire, construct, extend, or improve the systems," (MCL 124.281 to 124.294) by amending the title, as amended by 1981 PA 154, and by adding section 8a.
The Senate has passed the bill.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 5191, entitled
A bill to amend 1967 PA 204, entitled "Metropolitan transportation authorities act of 1967," (MCL 124.401 to 124.426) by amending the title, as amended by 1988 PA 481, and by adding section 16a.
The Senate has passed the bill and pursuant to Joint Rule 20, inserted the full title.
The House agreed to the full title.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 5192, entitled
A bill to amend 1927 PA 165, entitled "An act to authorize the consolidation of township libraries in adjoining townships in certain cases, and to provide for their joint maintenance," by amending the title and section 2 (MCL 397.352).
The Senate has passed the bill.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 5193, entitled
A bill to amend 1956 (Ex Sess) PA 6, entitled "Township water system act of 1956," (MCL 486.501 to 486.508) by amending the title and by adding section 4a.
The Senate has passed the bill and pursuant to Joint Rule 20, inserted the full title.
The House agreed to the full title.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 5194, entitled
A bill to amend 1945 PA 47, entitled "An act to authorize 2 or more cities, townships, and villages, or any combination of cities, townships, and villages, to incorporate a hospital authority for planning, promoting, acquiring, constructing, improving, enlarging, extending, owning, maintaining, and operating 1 or more community hospitals and related buildings or structures and related facilities; to provide for the sale, lease, or other transfer of a hospital owned by a hospital authority to a nonprofit corporation established under the laws of this state for no or nominal monetary consideration; to define hospitals and community hospitals; to provide for changes in the membership therein; to authorize the cities, townships, and villages to levy taxes for community hospital purposes; to provide for the issuance of bonds; to provide for the pledge of assessments; to provide for borrowing money for operation and maintenance and issuing notes for operation and maintenance; to validate elections heretofore held and notes heretofore issued; to validate bonds heretofore issued; to authorize condemnation proceedings; to grant certain powers of a body corporate; and to validate and ratify the organization, existence, and membership of entities acting as hospital authorities under the act and the actions taken by hospital authorities and by the members of the hospital authorities," (MCL 331.1 to 331.11) by amending the title, as amended by 1987 PA 117, and by adding section 10.
The Senate has passed the bill.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 5195, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 1102.
The Senate has passed the bill and pursuant to Joint Rule 20, inserted the full title.
The House agreed to the full title.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 5196, entitled
A bill to amend 1978 PA 639, entitled "Hertel-Law-T. Stopczynski port authority act," (MCL 120.101 to 120.130) by amending the title and by adding section 14a.
The Senate has passed the bill and pursuant to Joint Rule 20, inserted the full title.
The House agreed to the full title.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 5197, entitled
A bill to amend 1957 PA 4, entitled "Charter water authority act," by amending the title and section 14a (MCL 121.14a).
The Senate has passed the bill and pursuant to Joint Rule 20, inserted the full title.
The House agreed to the full title.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 5198, entitled
A bill to amend 1948 (1st Ex Sess) PA 31, entitled "An act to provide for the incorporation of authorities to acquire, furnish, equip, own, improve, enlarge, operate, and maintain buildings, automobile parking lots or structures, recreational facilities, stadiums, and the necessary site or sites therefor, together with appurtenant properties and facilities necessary or convenient for the effective use thereof, for the use of any county, city, village, or township, or for the use of any combination of 2 or more counties, cities, villages, or townships, or for the use of any school district and any city, village, or township wholly or partially within the district's boundaries, or for the use of any school district and any combination of 2 or more cities, villages, or townships wholly or partially within the district's boundaries, or for the use of any intermediate school district and any constituent school district or any city, village, or township, wholly or partially within the intermediate school district's boundaries; to provide for compensation of authority commissioners; to permit transfers of property to authorities; to authorize the execution of contracts, leases, and subleases pertaining to authority property and the use of authority property; to authorize incorporating units to impose taxes without limitation as to rate or amount and to pledge their full faith and credit for the payment of contract of lease obligations in anticipation of which bonds are issued by an authority; to provide for the issuance of bonds by such authorities; to validate action taken and bonds issued; and to provide other powers, rights, and duties of authorities and incorporating units, including those for the disposal of authority property," (MCL 123.951 to 123.965) by amending the title, as amended by 1995 PA 147, and by adding section 8c.
The Senate has passed the bill.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 5199, entitled
A bill to amend 1968 PA 191, entitled "An act to create a state boundary commission; to prescribe its powers and duties; to provide for municipal incorporation, consolidation and annexation; and to repeal certain acts and parts of acts," (MCL 123.1001 to 123.1020) by amending the title and by adding section 7a.
The Senate has passed the bill.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 5200, entitled
A bill to amend 1984 PA 425, entitled "An act to permit the conditional transfer of property by contract between certain local units of government; to provide for permissive and mandatory provisions in the contract; and to provide for certain conditions upon termination, expiration, or nonrenewal of the contract," (MCL 124.21 to 124.30) by amending the title and by adding section 5a.
The Senate has passed the bill.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 5202, entitled
A bill to amend 1966 PA 331, entitled "Community college act of 1966," (MCL 389.1 to 389.195) by amending the title and by adding section 2.
The Senate has passed the bill and pursuant to Joint Rule 20, inserted the full title.
The House agreed to the full title.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 5203, entitled
A bill to amend 1976 PA 448, entitled "Michigan energy employment act of 1976," (MCL 460.801 to 460.848) by amending the title, as amended by 1983 PA 120, and by adding section 42a.
The Senate has passed the bill and pursuant to Joint Rule 20, inserted the full title.
The House agreed to the full title.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
Senate Bill No. 514, entitled
A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending section 2213b (MCL 500.2213b), as added by 1996 PA 517.
The Senate has appointed Senators Shugars, Schwarz and Byrum as second conferees to join with Reps. Gubow, Basham and Llewellyn.
The message was referred to the Clerk.
Senate Bill No. 97, entitled
A bill to amend 1931 PA 328, entitled "An act to revise, consolidate, codify and add to the statutes relating to crimes; to define crimes and prescribe the penalties therefor; to provide for restitution under certain circumstances; to provide for the competency of evidence at the trial of persons accused of crime; to provide immunity from prosecution for certain witnesses appearing at such trials; and to repeal certain acts and parts of acts inconsistent with or contravening any of the provisions of this act," by amending sections 204a, 207, 209, and 210 (MCL 750.204a, 750.207, 750.209, and 750.210); and to repeal acts and parts of acts.
The Senate has amended the House substitute (H-2) as follows:
1. Amend page 8, line 11, after "effect" by striking out "July" and inserting "October".
The Senate has concurred in the House substitute (H-2) as amended, ordered that the bill be given immediate effect and agreed to the title as amended.
The Speaker announced that pursuant to Rule 45, the bill was laid over one day.
Senate Bill No. 313, entitled
A bill to amend 1976 PA 451, entitled "The revised school code," (MCL 380.1 to 380.1852) by adding section 1311a.
The Senate has amended the House substitute (H-4) as follows:
1. Amend page 1, line 1, after "SEC. 1311A." by striking out all of subsection (1) and inserting "(1) IF A PUPIL ENROLLED IN A PUBLIC SCHOOL IN GRADE 6 OR ABOVE COMMITS A PHYSICAL ASSAULT AT SCHOOL OR COMMITS ANOTHER INTENTIONAL ACT AT SCHOOL THAT RESULTS IN VIOLENCE TO ANOTHER'S PERSON OR PROPERTY OR POSES A DIRECT THREAT TO THE SAFETY OF OTHERS; IF THE ASSAULT OR OTHER ACT IS REPORTED TO THE SCHOOL BOARD BY THE VICTIM OR, IF THE VICTIM IS UNABLE TO REPORT THE ASSAULT, BY ANOTHER PERSON ON THE VICTIM'S BEHALF; AND IF THE SCHOOL BOARD DETERMINES THAT AN ASSAULT OR OTHER ACT DESCRIBED IN THIS SUBSECTION DID IN FACT OCCUR AND WAS COMMITTED BY THE PUPIL, THE SCHOOL BOARD SHALL EXPEL THE PUPIL FROM THE SCHOOL DISTRICT. THE EXPULSION SHALL BE PERMANENT, SUBJECT TO POSSIBLE REINSTATEMENT UNDER SUBSECTION (4). HOWEVER, IF A SCHOOL DISTRICT INCLUDES GRADE 6 IN ITS ELEMENTARY SCHOOLS SO THAT THOSE SCHOOLS ARE OPERATED AS GRADE K-6 SCHOOLS, WITHIN THAT SCHOOL DISTRICT THE REQUIREMENTS OF THIS SUBSECTION APPLY ONLY TO PUPILS ENROLLED IN GRADE 7 OR ABOVE.".
2. Amend page 2, line 15, after "EXPULSION." by striking out the balance of the subsection and inserting "EXCEPT IF A SCHOOL DISTRICT OPERATES OR PARTICIPATES COOPERATIVELY IN AN ALTERNATIVE EDUCATION PROGRAM APPROPRIATE FOR INDIVIDUALS EXPELLED PURSUANT TO THIS SECTION OR SECTION 1311(2) AND IN ITS DISCRETION ADMITS THE INDIVIDUAL TO THAT PROGRAM, AN INDIVIDUAL EXPELLED PURSUANT TO THIS SECTION IS EXPELLED FROM ALL PUBLIC SCHOOLS IN THIS STATE AND THE OFFICIALS OF A SCHOOL DISTRICT SHALL NOT ALLOW THE INDIVIDUAL TO ENROLL IN THE SCHOOL DISTRICT UNLESS THE INDIVIDUAL HAS BEEN REINSTATED UNDER SUBSECTION (4). EXCEPT AS OTHERWISE PROVIDED BY LAW, A PROGRAM OPERATED FOR INDIVIDUALS EXPELLED PURSUANT TO THIS SECTION OR SECTION 1311(2) SHALL ENSURE THAT THOSE INDIVIDUALS ARE PHYSICALLY SEPARATED AT ALL TIMES DURING THE SCHOOL DAY FROM THE GENERAL PUPIL POPULATION. IF AN INDIVIDUAL EXPELLED FROM A SCHOOL DISTRICT PURSUANT TO THIS SECTION IS NOT PLACED IN AN ALTERNATIVE EDUCATION PROGRAM, THE SCHOOL DISTRICT MAY PROVIDE, OR MAY ARRANGE FOR THE INTERMEDIATE SCHOOL DISTRICT TO PROVIDE, APPROPRIATE INSTRUCTIONAL SERVICES TO THE INDIVIDUAL AT HOME. THE TYPE OF SERVICES PROVIDED SHALL BE SIMILAR TO THOSE PROVIDED TO HOMEBOUND OR HOSPITALIZED PUPILS UNDER SECTION 109 OF THE STATE SCHOOL AID ACT OF 1979, MCL 388.1709, AND THE SERVICES MAY BE CONTRACTED FOR IN THE SAME MANNER AS UNDER THAT SECTION. THIS SUBSECTION DOES NOT REQUIRE A SCHOOL DISTRICT TO EXPEND MORE MONEY FOR PROVIDING SERVICES FOR A PUPIL EXPELLED PURSUANT TO THIS SECTION THAN THE AMOUNT OF THE FOUNDATION ALLOWANCE THE SCHOOL DISTRICT RECEIVES FOR THE PUPIL UNDER SECTION 20 OF THE STATE SCHOOL AID ACT OF 1979, MCL 388.1620.".
3. Amend page 2, line 25, after "REFERRAL." by striking out the balance of the subsection.
4. Amend page 3, line 2, by striking out all of line 2 through "PROGRAM" on line 3.
5. Amend page 3, line 6, after "TO" by striking out the balance of the line through "PLACEMENT" on line 7 and inserting "PUBLIC EDUCATION".
6. Amend page 3, line 7, after "DISTRICT" by striking out the balance of the line through "EDUCATION." on line 8 and inserting a period and "IF THE EXPELLING SCHOOL BOARD DENIES A PETITION FOR REINSTATEMENT, THE PARENT OR LEGAL GUARDIAN OR, IF THE INDIVIDUAL IS AT LEAST AGE 18 OR IS AN EMANCIPATED MINOR, THE INDIVIDUAL MAY PETITION ANOTHER SCHOOL BOARD FOR REINSTATEMENT OF THE INDIVIDUAL IN THAT OTHER SCHOOL DISTRICT.".
7. Amend page 3, line 10, after "(A)" by striking out the balance of the line through "EXPULSION," on line 15.
8. Amend page 3, line 20, after "(B)" by striking out the balance of the line through "EXPULSION" on line 24 and inserting "THE INDIVIDUAL".
9. Amend page 5, line 3, after "INDIVIDUAL" by striking out the balance of the line through "EDUCATION" on line 4.
10. Amend page 5, line 6, after "INDIVIDUAL" by striking out the balance of the line through "EDUCATION" on line 7.
11. Amend page 6, line 20, after "PUPIL" by striking out "MADE IN GOOD FAITH".
12. Amend page 7, line 2, after "POLICY" by striking out "REQUIRED UNDER SECTION 1310".
13. Amend page 7, line 3, after "THE" by striking out "STATE BOARD" and inserting "DEPARTMENT".
14. Amend page 7, line 10, by striking out all of subsection (9) and inserting:
"(9) A SCHOOL BOARD OR ITS DESIGNEE SHALL REPORT ALL PHYSICAL ASSAULTS OCCURRING AT SCHOOL TO APPROPRIATE STATE OR LOCAL LAW ENFORCEMENT OFFICIALS AND PROSECUTORS WITHIN THREE SCHOOL DAYS.".
15. Amend page 7, following line 15, by inserting:
"(10) IN ORDER TO OBTAIN AN ACCURATE LOCAL AND STATEWIDE PICTURE OF SCHOOL CRIME AND TO DEVELOP THE PARTNERSHIPS NECESSARY TO PLAN AND IMPLEMENT SCHOOL SAFETY PROGRAMS, AT LEAST ANNUALLY, EACH SCHOOL BOARD SHALL REPORT TO THE DEPARTMENT, IN THE FORM AND MANNER PRESCRIBED BY THE DEPARTMENT, INCIDENTS OF CRIME OCCURRING AT SCHOOL WITHIN THE SCHOOL DISTRICT. THE REPORTING SHALL INCLUDE AT LEAST CRIMES INVOLVING PHYSICAL VIOLENCE, GANG-RELATED ACTIVITY, ILLEGAL POSSESSION OF A CONTROLLED SUBSTANCE OR CONTROLLED SUBSTANCE ANALOGUE, OR OTHER INTOXICANT, TRESPASSING, AND PROPERTY CRIMES INCLUDING, BUT NOT LIMITED TO, THEFT AND VANDALISM. FOR A PROPERTY CRIME, THE REPORT SHALL INCLUDE AN ESTIMATE OF THE COST TO THE SCHOOL DISTRICT RESULTING FROM THE PROPERTY CRIME. THE SCHOOL CRIME REPORTING REQUIREMENTS OF THIS SUBSECTION ARE INTENDED TO DO ALL OF THE FOLLOWING:
(A) HELP POLICY MAKERS AND PROGRAM DESIGNERS AT THE LOCAL AND STATE LEVELS DEVELOP APPROPRIATE PREVENTION AND INTERVENTION PROGRAMS.
(B) PROVIDE THE CONTINUOUS ASSESSMENT TOOLS NEEDED FOR REVISING AND REFINING SCHOOL SAFETY PROGRAMS.
(C) ASSIST SCHOOLS AND SCHOOL DISTRICTS TO IDENTIFY THE MOST PRESSING SAFETY ISSUES CONFRONTING THEIR SCHOOL COMMUNITIES, TO DIRECT RESOURCES APPROPRIATELY, AND TO ENHANCE CAMPUS SAFETY THROUGH PREVENTION AND INTERVENTION STRATEGIES.
(D) FOSTER THE CREATION OF PARTNERSHIPS AMONG SCHOOLS, SCHOOL DISTRICTS, STATE AGENCIES, COMMUNITIES, LAW ENFORCEMENT, AND THE MEDIA TO PREVENT FURTHER CRIME AND VIOLENCE AND TO ASSURE A SAFE LEARNING ENVIRONMENT FOR EVERY PUPIL.
(11) IF A PUPIL EXPELLED FROM A SCHOOL DISTRICT PURSUANT TO THIS SECTION IS ENROLLED BY A PUBLIC SCHOOL SPONSORED ALTERNATIVE EDUCATION PROGRAM OR A PUBLIC SCHOOL ACADEMY DURING THE PERIOD OF EXPULSION, THE PUBLIC SCHOOL ACADEMY OR THE ALTERNATIVE EDUCATION PROGRAM IS IMMEDIATELY ELIGIBLE FOR THE PRORATED SHARE OF EITHER THE PUBLIC SCHOOL ACADEMY'S FOUNDATION ALLOWANCE OR THE EXPELLING SCHOOL DISTRICT'S FOUNDATION ALLOWANCE, WHICHEVER IS HIGHER.
(12) AT LEAST ANNUALLY, EACH SCHOOL DISTRICT SHALL PREPARE AND SUBMIT TO THE DEPARTMENT, IN THE FORM AND MANNER PRESCRIBED BY THE DEPARTMENT, A REPORT STATING THE NUMBER OF PUPILS EXPELLED PURSUANT TO THIS SECTION DURING THE IMMEDIATELY PRECEDING SCHOOL YEAR, WITH A BRIEF DESCRIPTION OF THE INCIDENT THAT CAUSED EACH EXPULSION." and renumbering the remaining subsection.
16. Amend page 7, following line 20, by inserting:
"(B) "CONTROLLED SUBSTANCE" AND "CONTROLLED SUBSTANCE ANALOGUE" MEAN THOSE TERMS AS DEFINED IN SECTION 7104 OF THE PUBLIC HEALTH CODE, 1978 PA 368, MCL 333.7104." and relettering the remaining subdivisions.
17. Amend page 8, line 6, by striking out all of enacting section 1.
The Senate has concurred in the House substitute (H-4) as amended and ordered that the bill be given immediate effect.
The Speaker announced that pursuant to Rule 45, the bill was laid over one day.
Senate Bill No. 888, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 16299, 17016, and 17516 (MCL 333.16299, 333.17016 and 333.17516), sections 17016 and 17516 as added by 1996 PA 273.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Senate Bill No. 1149, entitled
A bill to amend 1980 PA 299, entitled "Occupational code," by amending section 725 (MCL 339.725), as added by 1997 PA 10.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Commerce.
Senate Bill No. 1159, entitled
A bill to amend 1939 PA 280, entitled "The social welfare act," by amending section 115g (MCL 400.115g), as amended by 1994 PA 238.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Appropriations.
Senate Bill No. 1170, entitled
A bill to amend 1974 PA 258, entitled "Mental health code," by amending section 226 (MCL 330.1226), as amended by 1996 PA 588.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Appropriations.
Notices
Public Hearing
Committee on Urban Policy and Economic Development
Date: Monday, June 15, 1998
Time: 7:00 p.m.
Place: City Hall, Commission Chamber, Battle Creek, Michigan
Rep. Hanley
Chair
Agenda: Improving living conditions in the state's major cities
and any/or all business properly before the committee
Messages from the Governor
The following messages from the Governor, approving and signing the following bills at the times designated below, were received and read:
Date: June 8, 1998
Time: 5:30 p.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 4060 (Public Act No. 114, I.E.), being
An act to amend 1994 PA 451, entitled "An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, and assessments; to provide certain appropriations; to prescribe penalties and provide remedies; to repeal certain parts of this act on a specific date; and to repeal certain acts and parts of acts," by amending section 502 (MCL 324.502), as amended by 1996 PA 272, and by adding section 502a.
(Filed with the Secretary of State June 9, 1998, at 9:28 a.m.)
Date: June 8, 1998
Time: 5:40 p.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 5316 (Public Act No. 115, I.E.), being
An act to amend 1994 PA 451, entitled "An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, and assessments; to provide certain appropriations; to prescribe penalties and provide remedies; to repeal certain parts of this act on a specific date; and to repeal certain acts and parts of acts," by amending sections 61501, 61516, and 61517 (MCL 324.61501, 324.61516, and 324.61517), as added by 1995 PA 57.
(Filed with the Secretary of State June 9, 1998, at 9:30 a.m.)
Date: June 9, 1998
Time: 8:25 a.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 5426 (Public Act No. 116), being
An act to promote the safe use of personal watercraft on the waters of this state; to provide for rules relative to the operation of personal watercraft; to impose certain safety requirements on operators of personal watercraft; to prescribe the duties and responsibilities of owners, operators, and dealers of personal watercraft; to prescribe the powers and duties of certain state departments; to provide for penalties; and to repeal acts and parts of acts.
(Filed with the Secretary of State June 9, 1998, at 9:32 a.m.)
Date: June 9, 1998
Time: 9:00 a.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 4061 (Public Act No. 117, I.E.), being
An act to amend 1994 PA 451, entitled "An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, and assessments; to provide certain appropriations; to prescribe penalties and provide remedies; to repeal certain parts of this act on a specific date; and to repeal certain acts and parts of acts," by amending sections 503 and 2132 (MCL 324.503 and 324.2132), section 503 as amended by 1996 PA 133 and section 2132 as added by 1995 PA 60, and by adding part 610.
(Filed with the Secretary of State June 9, 1998, at 9:34 a.m.)
Communications from State Officers
The following communication from the Secretary of State was received and read:
Notice of Filing
Administrative Rules
May 18, 1998
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 1:10 P.M. this date, administrative rule (98-05-5) for the Department of Environmental Quality, Air Quality Division, entitled "Disbursement of Air Pollution Surveillance Fees to Local Units", 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.
The following communication from the Department of Consumer and Industry Services was received and read:
May 28, 1998
Pursuant to Section 328 of P.A. 104 of 1997, we are enclosing a copy of the Interim Approval Evaluation #CA09039 conducted at Parmenter House, 706 Fifth Street, Bay City, Michigan 48706. This investigative report was performed in compliance with the requirements of P.A. 116 of 1973 as amended, and the Administrative Rules for Child Caring Institutions.
If you have any questions regarding this information, please feel free to contact Don Reichle at 335-1954.
Sincerely,
John R. Suckow, Director
Finance and Administrative Services
The communication was referred to the Clerk.
The following communication from the Detroit Michigan Works! Agency was received and read:
June 8, 1998
Enclosed are the Job Training Partnership Act Title IIA Five Percent Older Worker, Title IIC, Title III, Title IIB and Title IIA Job Training Plans for program year July 1, 1998 - June 30, 1999.
Sincerely,
Willie Walker
Director
The communication was referred to the Clerk.
Introduction of Bills
Reps. Basham, Freeman, DeHart, Anthony, Prusi, Martinez, Cherry, LaForge, Cropsey, Tesanovich, Scott, Hale, Bogardus, Wojno, Thomas, Wetters, Walberg, Dobronski, Agee, Schermesser, Kelly, Rison, Griffin, Leland, Jelinek, Bobier, Goschka, Sanborn, Godchaux, Lowe, Richner, Birkholz and Quarles introduced
House Bill No. 5916, entitled
A bill to amend 1969 PA 317, entitled "Worker's disability compensation act of 1969," (MCL 418.101 to 418.941) and by adding section 853a.
The bill was read a first time by its title and referred to the Committee on Labor and Occupational Safety.
Reps. Basham, Freeman, DeHart, Anthony, Prusi, Martinez, Cherry, LaForge, Cropsey, Tesanovich, Scott, Hale, Bogardus, Wojno, Thomas, Wetters, Walberg, Dobronski, Agee, Schermesser, Kelly, Rison, Griffin, Leland, Jelinek, Bobier, Goschka, Sanborn, Godchaux, Kukuk, Lowe, Richner and Birkholz introduced
House Bill No. 5917, entitled
A bill to amend 1969 PA 317, entitled "Worker's disability compensation act of 1969," by amending section 801 (MCL 418.801), as amended by 1994 PA 271.
The bill was read a first time by its title and referred to the Committee on Labor and Occupational Safety.
Reps. Whyman, Perricone, Llewellyn, Bodem, Kukuk, Goschka, Sanborn, Voorhees and Raczkowski introduced
House Bill No. 5918, entitled
A bill to amend 1927 PA 372, entitled "An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms and gas ejecting devices; to prohibit the buying, selling, or carrying of certain firearms and gas ejecting devices without a license; to provide for the forfeiture of firearms possessed in violation of this act; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; and to repeal all acts and parts of acts inconsistent with the provisions of this act," by amending section 12a (MCL 28.432a).
The bill was read a first time by its title and referred to the Committee on House Oversight and Ethics.
Reps. Whyman, Perricone, Llewellyn, Bodem, Kukuk, Goschka, Sanborn, Voorhees and Raczkowski introduced
House Bill No. 5919, entitled
A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 227 (MCL 750.227), as amended by 1986 PA 8.
The bill was read a first time by its title and referred to the Committee on House Oversight and Ethics.
Reps. Jelinek, Cassis, Llewellyn, Birkholz, Byl and Scranton introduced
House Bill No. 5920, entitled
A bill to amend 1975 PA 228, entitled "Single business tax act," (MCL 208.1 to 208.145) by adding section 39c.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Rep. Scranton introduced
House Bill No. 5921, entitled
A bill to amend 1982 PA 294, entitled "Friend of the court act," by amending section 9 (MCL 552.509), as amended by 1998 PA 63.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Rep. Profit introduced
House Bill No. 5922, entitled
A bill to amend 1941 PA 122, entitled "An act to establish a revenue division of the department of treasury; to prescribe its powers and duties as the revenue collection agency of the state; to prescribe certain powers and duties of the state treasurer; to create the position and to define the powers and duties of the state commissioner of revenue; to provide for the transfer of powers and duties now vested in certain other state boards, commissions, departments and offices; to prescribe certain duties of and require certain reports from the department of treasury; to provide procedures for the payment, administration, audit, assessment, levy of interests or penalties on, and appeals of taxes and tax liability; to prescribe its powers and duties if an agreement to act as agent for a city to administer, collect, and enforce the city income tax act on behalf of a city is entered into with any city; to provide an appropriation; to abolish the state board of tax administration; and to declare the effect of this act," by amending section 27a (MCL 205.27a), as amended by 1993 PA 14.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
______
Rep. Galloway moved that the House adjourn.
The motion prevailed, the time being 4:05 p.m.
The Speaker declared the House adjourned until Wednesday, June 10, at 10:00 a.m.
MARY KAY SCULLION
Clerk of the House of Representatives.