No. 52
STATE OF MICHIGAN
JOURNAL
OF THE
House of Representatives
90th Legislature
REGULAR SESSION OF 2000
House Chamber, Lansing, Thursday, June 1, 2000.
10:00 a.m.
The House was called to order by the Speaker Pro Tempore.
The roll was called by the Clerk of the House of Representatives, who announced that a quorum was present.
Allen--present
Baird--present
Basham--present
Birkholz--present
Bisbee--present
Bishop--present
Bogardus--present
Bovin--present
Bradstreet--present
Brater--present
Brewer--present
Brown, Bob--present
Brown, Cameron--present
Byl--present
Callahan--present
Cassis--present
Caul--present
Cherry--present
Clark--absent
Clarke--present
Daniels--present
DeHart--present
Dennis--present
DeRossett--present
DeVuyst--present
DeWeese--present
Ehardt--present
Faunce--present
Frank--present
Garcia--present
Garza--present
Geiger--present
Gieleghem--present
Gilbert--present
Godchaux--present
Gosselin--present
Green--present
Hager--present
Hale--present
Hanley--present
Hansen--present
Hardman--excused
Hart--present
Howell--present
Jacobs--present
Jamnick--present
Jansen--present
Jelinek--present
Jellema--present
Johnson, Rick--present
Johnson, Ruth--present
Julian--present
Kelly--present
Kilpatrick--present
Koetje--present
Kowall--present
Kuipers--present
Kukuk--present
LaForge--present
LaSata--present
Law--present
Lemmons--excused
Lockwood--excused
Mans--present
Martinez--present
Mead--present
Middaugh--present
Minore--present
Mortimer--excused
Neumann--present
O'Neil--present
Pappageorge--present
Patterson--present
Perricone--present
Pestka--present
Price--present
Prusi--present
Pumford--present
Quarles--present
Raczkowski--present
Reeves--excused
Richardville--present
Richner--present
Rison--present
Rivet--present
Rocca--present
Sanborn--present
Schauer--present
Schermesser--present
Scott--excused
Scranton--present
Shackleton--present
Sheltrown--present
Shulman--present
Spade--present
Stallworth--present
Stamas--present
Switalski--present
Tabor--present
Tesanovich--present
Thomas--present
Toy--present
Vander Roest--present
Van Woerkom--present
Vaughn--present
Vear--present
Voorhees--present
Wojno--present
Woodward--present
Woronchak--present
e/d/s = entered during session
Rep. Lynne Martinez, from the 69th District, offered the following invocation:
"As I stand here today, I ask all of us to acknowledge that we all pray in many different ways to one God who we call by many different names. This Spirit rules the universe and each of our hearts in a very powerful and personal way. My prayer, and I hope your prayer today, is that we all be connected so that we do the right things--personally and for the people of this state. Amen."
______
Rep. DeHart moved that Reps. Hardman, Lemmons, Lockwood, Reeves and Scott be excused from today's session.
The motion prevailed.
Rep. DeWeese moved that Rep. Mortimer be excused from today's session.
The motion prevailed.
Rep. Vander Roest moved that Rep. Caul be excused temporarily from today's session.
The motion prevailed.
The Speaker Pro Tempore called Associate Speaker Pro Tempore Scranton to the Chair.
Messages from the Senate
The Speaker laid before the House
House Bill No. 4684, entitled
A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 2162 (MCL 600.2162), as amended by 1994 PA 67.
(The bill was received from the Senate on May 24, with amendment, title amendment and immediate effect given by the Senate, consideration of which, under the rules, was postponed until May 25, see House Journal No. 48, p. 1181.)
The question being on concurring in the amendment made to the bill by the Senate,
Rep. Faunce moved to amend the Senate amendment as follows:
1. Amend the Senate Amendment, page 4, following line 7, enacting section 1, after "This" by inserting "amendatory".
2. Amend the Senate Amendment, page 4, following line 7, enacting section 1, after "effect" by striking out "90 days after the date this act is enacted" and inserting "October 1, 2000".
The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.
The question being on concurring in the Senate amendment, as amended,
The Senate amendment, as amended, was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 656 Yeas--90
Allen Frank Koetje Rocca
Baird Garcia Kowall Sanborn
Basham Geiger Kuipers Schauer
Birkholz Gieleghem Kukuk Schermesser
Bisbee Gilbert LaSata Scranton
Bishop Godchaux Law Shackleton
Bogardus Gosselin Mans Shulman
Bovin Green Mead Spade
Bradstreet Hager Middaugh Stallworth
Brewer Hale Minore Stamas
Brown, B. Hanley Neumann Switalski
Brown, C. Hansen O'Neil Tabor
Byl Hart Pappageorge Tesanovich
Callahan Howell Patterson Thomas
Cassis Jacobs Perricone Toy
Clarke, H. Jamnick Pestka Van Woerkom
DeHart Jansen Prusi Vander Roest
Dennis Jelinek Pumford Vear
DeRossett Jellema Quarles Voorhees
DeVuyst Johnson, Rick Raczkowski Wojno
DeWeese Johnson, Ruth Richardville Woodward
Ehardt Julian Richner Woronchak
Faunce Kelly
Nays--10
Brater Garza Martinez Sheltrown
Cherry Kilpatrick Price Vaughn
Daniels LaForge
In The Chair: Scranton
The Speaker laid before the House
House Bill No. 5184, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 17 of chapter XVII (MCL 777.17), as amended by 1999 PA 67.
(The bill was received from the Senate on May 30, with substitute (S-1), full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until May 31, see House Journal No. 50, p. 1333.)
The question being on concurring in the substitute (S-1) made to the bill by the Senate,
The substitute (S-1) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 657 Yeas--103
Allen Faunce Koetje Rivet
Baird Frank Kowall Rocca
Basham Garcia Kuipers Sanborn
Birkholz Garza Kukuk Schauer
Bisbee Geiger LaForge Schermesser
Bishop Gieleghem LaSata Scranton
Bogardus Gilbert Law Shackleton
Bovin Godchaux Mans Sheltrown
Bradstreet Gosselin Martinez Shulman
Brater Green Mead Spade
Brewer Hager Middaugh Stallworth
Brown, B. Hale Minore Stamas
Brown, C. Hanley Neumann Switalski
Byl Hansen O'Neil Tabor
Callahan Hart Pappageorge Tesanovich
Cassis Howell Patterson Thomas
Caul Jacobs Perricone Toy
Cherry Jamnick Pestka Van Woerkom
Clarke, H. Jansen Price Vander Roest
Daniels Jelinek Prusi Vaughn
DeHart Jellema Pumford Vear
Dennis Johnson, Rick Quarles Voorhees
DeRossett Johnson, Ruth Raczkowski Wojno
DeVuyst Julian Richardville Woodward
DeWeese Kelly Richner Woronchak
Ehardt Kilpatrick Rison
Nays--0
In The Chair: Scranton
The House agreed to the full title of the bill.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
The Speaker laid before the House
House Bill No. 5185, entitled
A bill to amend 1979 PA 53, entitled "An act to prohibit access to computers, computer systems, and computer networks for certain fraudulent purposes; to prohibit intentional and unauthorized access, alteration, damage, and destruction of computers, computer systems, computer networks, computer software programs, and data; and to prescribe penalties," by amending section 6 (MCL 752.796), as amended by 1996 PA 326.
(The bill was received from the Senate on May 30, with substitute (S-2) and immediate effect given by the Senate, consideration of which, under the rules, was postponed until May 31, see House Journal No. 50, p. 1333.)
The question being on concurring in the substitute (S-2) made to the bill by the Senate,
The substitute (S-2) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 658 Yeas--99
Allen Ehardt Kelly Rivet
Baird Faunce Kilpatrick Rocca
Basham Frank Koetje Sanborn
Birkholz Garcia Kowall Schauer
Bisbee Garza Kuipers Schermesser
Bishop Geiger Kukuk Scranton
Bogardus Gieleghem LaForge Shackleton
Bovin Gilbert LaSata Sheltrown
Bradstreet Godchaux Law Shulman
Brater Gosselin Mans Spade
Brewer Green Martinez Stallworth
Brown, B. Hager Mead Stamas
Brown, C. Hale Middaugh Switalski
Byl Hanley Minore Tabor
Callahan Hansen Neumann Tesanovich
Cassis Hart O'Neil Toy
Caul Howell Pappageorge Van Woerkom
Cherry Jacobs Patterson Vander Roest
Clarke, H. Jamnick Pestka Vaughn
Daniels Jansen Price Vear
DeHart Jelinek Prusi Voorhees
Dennis Jellema Raczkowski Wojno
DeRossett Johnson, Rick Richardville Woodward
DeVuyst Johnson, Ruth Richner Woronchak
DeWeese Julian Rison
Nays--0
In The Chair: Scranton
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
The Speaker laid before the House
House Bill No. 5276, entitled
A bill to make appropriations for the department of environmental quality for the fiscal year ending September 30, 2001; to provide for the expenditure of those appropriations; to create funds and accounts; to require reports; to prescribe certain powers and duties of certain state agencies and officials; to authorize certain transfers by certain state agencies; and to provide for the disposition of fees and other income received by the various state agencies.
(The bill was received from the Senate on May 24, with substitute (S-1) and immediate effect given by the Senate, consideration of which, under the rules, was postponed until May 25, see House Journal No. 48, p. 1181.)
The question being on concurring in 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. 659 Yeas--0
Nays--100
Allen Ehardt Kilpatrick Rison
Baird Faunce Koetje Rivet
Basham Frank Kowall Rocca
Birkholz Garcia Kuipers Sanborn
Bisbee Garza Kukuk Schauer
Bishop Geiger LaForge Schermesser
Bogardus Gilbert LaSata Scranton
Bovin Godchaux Law Shackleton
Bradstreet Gosselin Mans Sheltrown
Brater Green Martinez Shulman
Brewer Hager Mead Spade
Brown, B. Hale Middaugh Stamas
Brown, C. Hanley Minore Switalski
Byl Hansen Neumann Tabor
Callahan Hart O'Neil Tesanovich
Cassis Howell Pappageorge Thomas
Caul Jacobs Patterson Toy
Cherry Jamnick Pestka Van Woerkom
Clarke, H. Jansen Price Vander Roest
Daniels Jelinek Prusi Vaughn
DeHart Jellema Pumford Vear
Dennis Johnson, Rick Quarles Voorhees
DeRossett Johnson, Ruth Raczkowski Wojno
DeVuyst Julian Richardville Woodward
DeWeese Kelly Richner Woronchak
In The Chair: Scranton
The Speaker appointed as conferees, on the part of the House of Representatives, Reps. Byl, Mead and Tesanovich.
The Speaker laid before the House
House Bill No. 5186, entitled
A bill to amend 1979 PA 53, entitled "An act to prohibit access to computers, computer systems, and computer networks for certain fraudulent purposes; to prohibit intentional and unauthorized access, alteration, damage, and destruction of computers, computer systems, computer networks, computer software programs, and data; and to prescribe penalties," by amending section 7 (MCL 752.797), as amended by 1996 PA 326.
(The bill was received from the Senate on May 30, with substitute (S-1) and immediate effect given by the Senate, consideration of which, under the rules, was postponed until May 31, see House Journal No. 50, p. 1334.)
The question being on concurring in the substitute (S-1) made to the bill by the Senate,
The substitute (S-1) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 660 Yeas--102
Allen Faunce Koetje Rivet
Baird Frank Kowall Rocca
Basham Garcia Kuipers Sanborn
Birkholz Garza Kukuk Schauer
Bisbee Geiger LaForge Schermesser
Bishop Gieleghem LaSata Scranton
Bogardus Gilbert Law Shackleton
Bovin Godchaux Mans Sheltrown
Bradstreet Gosselin Martinez Shulman
Brater Green Mead Spade
Brewer Hager Middaugh Stallworth
Brown, B. Hale Minore Stamas
Brown, C. Hanley Neumann Switalski
Byl Hansen O'Neil Tabor
Callahan Hart Pappageorge Tesanovich
Cassis Howell Patterson Thomas
Caul Jacobs Pestka Toy
Cherry Jamnick Price Van Woerkom
Clarke, H. Jansen Prusi Vander Roest
Daniels Jelinek Pumford Vaughn
DeHart Jellema Quarles Vear
Dennis Johnson, Rick Raczkowski Voorhees
DeRossett Johnson, Ruth Richardville Wojno
DeVuyst Julian Richner Woodward
DeWeese Kelly Rison Woronchak
Ehardt Kilpatrick
Nays--0
In The Chair: Scranton
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
______
The Speaker Pro Tempore resumed the Chair.
Rep. Kelly moved that Rep. LaForge be excused temporarily from today's session.
The motion prevailed.
The Speaker laid before the House
House Bill No. 5187, entitled
A bill to amend 1979 PA 53, entitled "An act to prohibit access to computers, computer systems, and computer networks for certain fraudulent purposes; to prohibit intentional and unauthorized access, alteration, damage, and destruction of computers, computer systems, computer networks, computer software programs, and data; and to prescribe penalties," by amending section 2 (MCL 752.792), as amended by 1996 PA 326.
(The bill was received from the Senate on May 30, with substitute (S-1) and immediate effect given by the Senate, consideration of which, under the rules, was postponed until May 31, see House Journal No. 50, p. 1334.)
The question being on concurring in the substitute (S-1) made to the bill by the Senate,
The substitute (S-1) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 661 Yeas--100
Allen Ehardt Kelly Rison
Baird Faunce Kilpatrick Rivet
Basham Frank Koetje Rocca
Birkholz Garcia Kowall Sanborn
Bisbee Garza Kuipers Schauer
Bishop Geiger Kukuk Schermesser
Bogardus Gieleghem LaSata Scranton
Bovin Gilbert Law Shackleton
Bradstreet Godchaux Mans Sheltrown
Brater Gosselin Martinez Shulman
Brewer Green Mead Spade
Brown, B. Hager Middaugh Stallworth
Brown, C. Hale Minore Stamas
Byl Hanley Neumann Switalski
Callahan Hansen O'Neil Tabor
Cassis Hart Pappageorge Tesanovich
Caul Howell Patterson Toy
Cherry Jacobs Pestka Van Woerkom
Clarke, H. Jamnick Price Vander Roest
Daniels Jansen Prusi Vaughn
DeHart Jelinek Pumford Vear
Dennis Jellema Quarles Voorhees
DeRossett Johnson, Rick Raczkowski Wojno
DeVuyst Johnson, Ruth Richardville Woodward
DeWeese Julian Richner Woronchak
Nays--0
In The Chair: Birkholz
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
The Speaker laid before the House
House Bill No. 5460, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 20151 and 20155 (MCL 333.20151 and 333.20155), section 20155 as amended by 1996 PA 267.
(The bill was received from the Senate on May 31, with substitute (S-2), full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 51, p. 1415.)
The question being on concurring in the substitute (S-2) made to the bill by the Senate,
The substitute (S-2) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 662 Yeas--100
Allen Ehardt Koetje Rivet
Baird Faunce Kowall Rocca
Basham Frank Kuipers Sanborn
Birkholz Garcia Kukuk Schauer
Bisbee Geiger LaForge Schermesser
Bishop Gieleghem LaSata Scranton
Bogardus Gilbert Law Shackleton
Bovin Godchaux Mans Sheltrown
Bradstreet Gosselin Martinez Shulman
Brater Green Mead Spade
Brewer Hager Middaugh Stallworth
Brown, B. Hale Minore Stamas
Brown, C. Hanley Neumann Switalski
Byl Hansen Pappageorge Tabor
Callahan Hart Patterson Tesanovich
Cassis Howell Perricone Thomas
Caul Jacobs Pestka Toy
Cherry Jamnick Price Van Woerkom
Clarke, H. Jansen Prusi Vander Roest
Daniels Jelinek Pumford Vaughn
DeHart Jellema Quarles Vear
Dennis Johnson, Rick Raczkowski Voorhees
DeRossett Johnson, Ruth Richardville Wojno
DeVuyst Julian Richner Woodward
DeWeese Kelly Rison Woronchak
Nays--0
In The Chair: Birkholz
The House agreed to the full title of the bill.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
______
The Speaker Pro Tempore called Associate Speaker Pro Tempore Scranton to the Chair.
The Speaker laid before the House
House Bill No. 5653, entitled
A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending section 30 (MCL 206.30), as amended by 1999 PA 181.
(The bill was received from the Senate on May 31, with amendments, full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 51, p. 1415.)
The question being on concurring in the amendments made to the bill by the Senate,
The amendments were concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 663 Yeas--101
Allen Faunce Koetje Rivet
Baird Frank Kowall Rocca
Basham Garcia Kuipers Sanborn
Birkholz Geiger Kukuk Schauer
Bisbee Gieleghem LaForge Schermesser
Bishop Gilbert LaSata Scranton
Bogardus Godchaux Law Shackleton
Bovin Gosselin Mans Sheltrown
Bradstreet Green Martinez Shulman
Brater Hager Mead Spade
Brewer Hale Middaugh Stallworth
Brown, B. Hanley Minore Stamas
Brown, C. Hansen Neumann Switalski
Byl Hart O'Neil Tabor
Callahan Howell Pappageorge Tesanovich
Cassis Jacobs Patterson Thomas
Caul Jamnick Perricone Toy
Cherry Jansen Pestka Van Woerkom
Clarke, H. Jelinek Price Vander Roest
Daniels Jellema Prusi Vaughn
DeHart Johnson, Rick Pumford Vear
Dennis Johnson, Ruth Quarles Voorhees
DeRossett Julian Richardville Wojno
DeVuyst Kelly Richner Woodward
DeWeese Kilpatrick Rison Woronchak
Ehardt
Nays--0
In The Chair: Scranton
The House agreed to the full title of the bill.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
Second Reading of Bills
House Bill No. 5554, 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 4 and 14 (MCL 445.1564 and 445.1574), section 14 as amended by 1998 PA 456.
Was read a second time, and the question being on the adoption of the proposed substitute (H-3) previously recommended by the Committee on Transportation,
The substitute (H-3) was adopted, a majority of the members serving voting therefor.
Rep. Cassis moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed, a majority of the members voting therefor.
Rep. Middaugh moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
______
Rep. Vander Roest moved that Rep. Perricone be excused temporarily from today's session.
The motion prevailed.
By unanimous consent the House returned to the order of
Third Reading of Bills
House Bill No. 5554, 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 4 and 14 (MCL 445.1564 and 445.1574), section 14 as amended by 1998 PA 456.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 664 Yeas--99
Allen Ehardt Kilpatrick Rocca
Baird Faunce Koetje Sanborn
Basham Frank Kowall Schauer
Birkholz Garcia Kuipers Schermesser
Bisbee Garza Kukuk Scranton
Bishop Geiger LaForge Shackleton
Bogardus Gieleghem LaSata Sheltrown
Bovin Gilbert Law Shulman
Bradstreet Godchaux Mans Spade
Brater Green Martinez Stallworth
Brewer Hager Mead Stamas
Brown, B. Hale Middaugh Switalski
Brown, C. Hanley Minore Tabor
Byl Hansen Neumann Tesanovich
Callahan Hart O'Neil Thomas
Cassis Howell Pappageorge Toy
Caul Jacobs Patterson Van Woerkom
Cherry Jamnick Pestka Vander Roest
Clarke, H. Jansen Price Vaughn
Daniels Jelinek Prusi Vear
DeHart Jellema Pumford Voorhees
Dennis Johnson, Rick Raczkowski Wojno
DeRossett Johnson, Ruth Richardville Woodward
DeVuyst Julian Richner Woronchak
DeWeese Kelly Rivet
Nays--0
In The Chair: Scranton
The question being on agreeing to the title of the bill,
Rep. Raczkowski moved to amend the title to read as follows:
A bill to amend 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 section 4 (MCL 445.1564)
The motion prevailed.
The House agreed to the title as amended.
Rep. Raczkowski moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
House Bill No. 5802, entitled
A bill to amend 1976 PA 451, entitled "The revised school code," by amending sections 5, 1229, 1277, and 1473 (MCL 380.5, 380.1229, 380.1277, and 380.1473), section 5 as amended by 1999 PA 23, section 1229 as added by 1995 PA 289, section 1277 as amended by 1997 PA 179, and section 1473 as added by 1996 PA 159, and by adding sections 1238, 1280b, and 1282a and part 20B.
(The bill was read a third time and postponed temporarily on May 25, see House Journal No. 49, p. 1260.)
The question being on the passage of the bill,
Rep. Raczkowski moved to reconsider the vote by which the House placed the bill on the order of Third Reading of Bills.
The motion prevailed, a majority of the members present voting therefor.
Second Reading of Bills
House Bill No. 5802, entitled
A bill to amend 1976 PA 451, entitled "The revised school code," by amending sections 5, 1229, 1277, and 1473 (MCL 380.5, 380.1229, 380.1277, and 380.1473), section 5 as amended by 1999 PA 23, section 1229 as added by 1995 PA 289, section 1277 as amended by 1997 PA 179, and section 1473 as added by 1996 PA 159, and by adding sections 1238, 1280b, and 1282a and part 20B.
Reps. Allen and Bogardus moved to amend the bill as follows:
1. Amend page 1, line 1, by striking out all of section 1229.
2. Amend page 8, line 11, by striking out all of sections 1238, 1246 and 1277.
3. Amend page 30, line 13, after "years" by inserting "AND MAY NOT BE RENEWED".
The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.
Rep. Geiger moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed, a majority of the members voting therefor.
Rep. Raczkowski moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
______
Rep. Vander Roest moved that Rep. DeRossett be excused temporarily from today's session.
The motion prevailed.
By unanimous consent the House returned to the order of
Third Reading of Bills
House Bill No. 5802, entitled
A bill to amend 1976 PA 451, entitled "The revised school code," by amending sections 5, 1229, 1277, and 1473 (MCL 380.5, 380.1229, 380.1277, and 380.1473), section 5 as amended by 1999 PA 23, section 1229 as added by 1995 PA 289, section 1277 as amended by 1997 PA 179, and section 1473 as added by 1996 PA 159, and by adding sections 1238, 1280b, and 1282a and part 20B.
The question being on the passage of the bill,
The bill was then passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 665 Yeas--96
Allen Frank Kilpatrick Rivet
Baird Garcia Koetje Rocca
Basham Garza Kowall Sanborn
Birkholz Geiger Kukuk Schauer
Bisbee Gieleghem LaForge Schermesser
Bishop Gilbert LaSata Scranton
Bogardus Godchaux Law Shackleton
Bradstreet Gosselin Mans Sheltrown
Brater Green Martinez Shulman
Brewer Hager Mead Spade
Brown, B. Hale Middaugh Stallworth
Brown, C. Hanley Minore Stamas
Byl Hansen Neumann Switalski
Callahan Hart O'Neil Tabor
Caul Howell Pappageorge Tesanovich
Cherry Jacobs Pestka Thomas
Clarke, H. Jamnick Price Van Woerkom
Daniels Jansen Prusi Vander Roest
DeHart Jelinek Pumford Vaughn
Dennis Jellema Quarles Vear
DeVuyst Johnson, Rick Raczkowski Voorhees
DeWeese Johnson, Ruth Richardville Wojno
Ehardt Julian Richner Woodward
Faunce Kelly Rison Woronchak
Nays--5
Bovin Kuipers Patterson Toy
Cassis
In The Chair: Scranton
The question being on agreeing to the title of the bill,
Rep. Raczkowski moved to amend the title to read as follows:
A bill to amend 1976 PA 451, entitled "The revised school code," by amending sections 1310, 1310a, 1311a, and 1473 (MCL 380.1310, 380.1310a, 380.1311a, and 380.1473), sections 1310 and 1310a as added by 1999 PA 102, section 1311a as added by 1999 PA 104, and section 1473 as added by 1996 PA 159, and by adding sections 1280b, 1282a, and 1531e and part 20B.
The motion prevailed.
The House agreed to the title as amended.
Rep. Raczkowski moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Second Reading of Bills
House Bill No. 5832, entitled
A bill to amend 1961 PA 112, entitled "An act to authorize and provide for the issuance and sale of bonds and notes of the state; to provide funds for making loans to school districts for payment of principal and interest on certain school bonds; to provide for use of moneys repaid to the state by school districts; and to make an appropriation," by amending the title and sections 1 and 2 (MCL 388.981 and 388.982), the title and section 2 as amended by 1991 PA 64, and by adding sections 1a and 1b.
The bill was read a second time.
Rep. Jelinek moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed, a majority of the members voting therefor.
Rep. Byl moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the House returned to the order of
Third Reading of Bills
House Bill No. 5832, entitled
A bill to amend 1961 PA 112, entitled "An act to authorize and provide for the issuance and sale of bonds and notes of the state; to provide funds for making loans to school districts for payment of principal and interest on certain school bonds; to provide for use of moneys repaid to the state by school districts; and to make an appropriation," by amending the title and sections 1 and 2 (MCL 388.981 and 388.982), the title and section 2 as amended by 1991 PA 64, and by adding sections 1a and 1b.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 666 Yeas--102
Allen Faunce Koetje Rison
Baird Frank Kowall Rivet
Basham Garcia Kuipers Rocca
Birkholz Garza Kukuk Sanborn
Bisbee Geiger LaForge Schauer
Bishop Gieleghem LaSata Schermesser
Bogardus Gilbert Law Scranton
Bovin Godchaux Mans Shackleton
Bradstreet Gosselin Martinez Sheltrown
Brater Green Mead Shulman
Brewer Hager Middaugh Spade
Brown, B. Hale Minore Stallworth
Brown, C. Hanley Neumann Stamas
Byl Hansen O'Neil Switalski
Callahan Hart Pappageorge Tabor
Cassis Howell Patterson Tesanovich
Caul Jacobs Perricone Toy
Cherry Jamnick Pestka Van Woerkom
Clarke, H. Jansen Price Vander Roest
Daniels Jelinek Prusi Vaughn
DeHart Jellema Pumford Vear
Dennis Johnson, Rick Quarles Voorhees
DeRossett Johnson, Ruth Raczkowski Wojno
DeVuyst Julian Richardville Woodward
DeWeese Kelly Richner Woronchak
Ehardt Kilpatrick
Nays--0
In The Chair: Scranton
The House agreed to the title of the bill.
Rep. Byl moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Second Reading of Bills
House Bill No. 5833, entitled
A bill to amend 1961 PA 108, entitled "An act to provide for loans by the state of Michigan to school districts for the payment of principal and interest upon school bonds; to prescribe the terms and conditions of the loans and the conditions upon which levies for bond principal and interest shall be included in computing the amount to be so loaned by the state; to prescribe the powers and duties of the superintendent of public instruction and the state treasurer in relation to such loans; to provide for the repayment of such loans; to provide incentives for repayment of such loans; to provide for other matters in respect to such loans; and to make an appropriation," by amending the title and sections 1, 2, 3, 4, 4a, 5, 6, 7, 8, 9, 9b, 10, 10a, 11, and 12 (MCL 388.951, 388.952, 388.953, 388.954, 388.954a, 388.955, 388.956, 388.957, 388.958, 388.959, 388.959b, 388.960, 388.960a, 388.961, and 388.962), the title and sections 6 and 9 as amended and section 9b as added by 1991 PA 65, sections 2, 4, and 11 as amended by 1992 PA 228, section 3 as amended by 1985 PA 25, section 4a as amended by 1991 PA 22, section 5 as amended by 1983 PA 124, and section 10 as amended and section 10a as added by 1989 PA 6, and by adding sections 1a, 9c, 10b, 10c, and 11a; and to repeal acts and parts of acts.
Was read a second time, and the question being on the adoption of the proposed amendments previously recommended by the Committee on Education (for amendments, see House Journal No. 49, p. 1269),
The amendments were adopted, a majority of the members serving voting therefor.
Reps. Jelinek and Allen moved to amend the bill as follows:
1. Amend page 4, line 18, after the second "THE" by striking out "CURRENT" and inserting "IMMEDIATELY PRECEDING".
2. Amend page 4, line 21, after the second "THE" by striking out "CURRENT" and inserting "IMMEDIATELY PRECEDING".
3. Amend page 6, line 11, after "MONTHS" by inserting "OR MAY IN THE FINAL QUALIFICATION OF A BOND ISSUE WAIVE THE MINIMUM MILLAGE REQUIRED BY THIS SUBSECTION TO 6 MILLS, OR MAY DO BOTH".
4. Amend page 7, line 18, after "INDEX," by inserting "PLUS 1%,".
5. Amend page 8, line 16, by striking out all of subsection (4) and inserting:
"(4) FOR BOND ISSUES APPROVED AT A REGULAR OR SPECIAL ELECTION BEFORE JULY 1, 2000, THE AMOUNT A SCHOOL DISTRICT MAY BORROW UNDER THIS ACT SHALL BE DETERMINED IN ACCORDANCE WITH THE PROVISIONS OF THIS ACT IN EFFECT BEFORE THE EFFECTIVE DATE OF THE AMENDATORY ACT THAT ADDED THIS SUBSECTION. FOR BOND ISSUES APPROVED AT A REGULAR OR SPECIAL ELECTION ON OR AFTER JULY 1, 2000 BUT BEFORE OCTOBER 10, 2000, THE AMOUNT A SCHOOL DISTRICT MAY BORROW UNDER THIS ACT SHALL BE DETERMINED IN ACCORDANCE WITH THE PROVISIONS OF THIS ACT AS IN EFFECT BEFORE THE EFFECTIVE DATE OF THE AMENDATORY ACT THAT ADDED THIS SUBSECTION IF THE SCHOOL DISTRICT FILES AN IRREVOCABLE WRITTEN REQUEST TO HAVE THOSE PROVISIONS APPLY WITH THE STATE TREASURER PRIOR TO THE DATE OF THE ELECTION APPROVING THE BOND ISSUE. FOR SCHOOL DISTRICTS WITH A QUALIFIED BOND ISSUE APPROVED AT A REGULAR OR SPECIAL ELECTION ON OR AFTER JULY 1, 2000 FOR WHICH THE SCHOOL DISTRICT DOES NOT FILE A WRITTEN REQUEST UNDER THE PRECEDING SENTENCE OR WITH A QUALIFIED BOND ISSUE APPROVED AT A REGULAR OR SPECIAL ELECTION ON OR AFTER OCTOBER 10, 2000, THE AMOUNT THE SCHOOL DISTRICT MAY BORROW UNDER THIS ACT WITH RESPECT TO ALL OF THE SCHOOL DISTRICT'S QUALIFIED BONDS SHALL BE DETERMINED UNDER THE PROVISIONS OF THIS ACT OTHER THAN THE PRECEDING 2 SENTENCES OF THIS SUBSECTION.".
6. Amend page 9, line 7, after "instruction" by inserting "AND THE STATE TREASURER".
7. Amend page 13, line 17, after "need" by striking out the balance of the subdivision and inserting a period.
8. Amend page 16, line 9, after "COMPLETED" by striking out "CONCURRENTLY".
9. Amend page 18, line 20, after "DEVELOP" by striking out "AND" and inserting a comma.
10. Amend page 18, line 21, after "BULLETINS" by inserting a comma and "REVIEW AT LEAST ANNUALLY, OR REVISE AS NEEDED".
11. Amend page 19, line 3, after "CRITERIA" by inserting "RELEVANT TO THIS ACT THAT".
12. Amend page 19, following line 10, by inserting:
"(5) IN DETERMINING WHETHER COMPELLING JUSTIFICATION EXISTS, THE STATE TREASURER SHALL CONSIDER THE HEALTH, SAFETY, AND WELFARE OF THE SCHOOL DISTRICT AND SHALL CONSIDER THE ABILITY OF THE SCHOOL DISTRICT TO PROVIDE ADEQUATE EDUCATIONAL PROGRAMS.".
13. Amend page 34, line 26, after "YEAR." by inserting "THE PRELIMINARY QUALIFICATION, IF ANY, SHALL CONTAIN A PRELIMINARY INDICATION OF THE ELIGIBILITY FOR A PROJECT GRANT AND SIZE OF PROJECT GRANT, IF ANY, UNDER THIS SECTION. IN ADDITION, SCHOOL DISTRICTS THAT DECIDE TO HAVE THE PROVISIONS OF THIS ACT AFTER THE EFFECTIVE DATE OF THE AMENDATORY ACT THAT ADDED SECTION 2(4) APPLY AND THAT APPROVE BOND ISSUES AT ELECTIONS HELD ON OR AFTER JULY 1, 2000 AND BEFORE OCTOBER 10, 2000 MAY APPLY, IN AN APPLICATION OR AMENDMENT TO AN APPLICATION RECEIVED BY THE STATE TREASURER BEFORE THE ELECTION DATE, FOR AN OPTION IN PROJECT GRANT TO BE AWARDED IN OCTOBER 2000.".
14. Amend page 35, line 1, after "(C)" by inserting "EXCEPT FOR OPTION IN PROJECT GRANTS,".
15. Amend page 35, line 7, after "AWARDED" by inserting "EXCEPT FOR OPTION IN PROJECT GRANT AWARDS WHICH SHALL BE MADE BEFORE OCTOBER 31, 2000".
16. Amend page 36, line 20, by striking out "SHALL" and inserting "MAY".
17. Amend page 36, line 22, after "SUBSECTION." by inserting "IF THE STATE TREASURER DOES NOT AWARD ALL OF THE FUNDS DESCRIBED IN THIS SUBSECTION IN ANY FISCAL YEAR, THE REMAINING FUNDS SHALL NOT LAPSE AND SHALL BE AVAILABLE FOR GRANTS UNDER THIS SUBSECTION IN SUCCEEDING FISCAL YEARS.".
18. Amend page 37, line 4, by striking out all of subdivision (B) and relettering the remaining subdivision.
19. Amend page 38, line 9, after the first "THE" by striking out "ADJUSTED".
20. Amend page 38, line 10, after "LOWEST" by striking out "ADJUSTED".
21. Amend page 38, line 20, by striking out "$10,000,000.00" and inserting "THE AMOUNT APPROPRIATED FOR THE PURPOSE OF THIS SECTION".
22. Amend page 39, line 1, by striking out all of subsections (4) and (5).
23. Amend page 41, following line 12, by inserting:
"Enacting section 2. This amendatory act does not take effect unless Senate Bill No. 1044 of the 90th Legislature is enacted into law and appropriates money to fund sections 10b and 10c of 1961 PA 108, MCL 388.960b and 388.960c.".
The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.
______
Rep. Vander Roest moved that Rep. Raczkowski be excused temporarily from today's session.
The motion prevailed.
Rep. Bogardus moved to amend the bill as follows:
1. Amend page 41, following line 12, by inserting:
"Enacting section 2. This amendatory act does not take effect unless House Bill No. 5069 of the 90th Legislature is enacted into law.".
The question being on the adoption of the amendment offered by Rep. Bogardus,
Rep. Bogardus demanded the yeas and nays.
The question being on the adoption of the amendment offered by Rep. Bogardus,
The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 667 Yeas--44
Baird DeHart Kilpatrick Rivet
Basham Dennis Mans Schauer
Bogardus Frank Martinez Schermesser
Bovin Garza Minore Sheltrown
Brater Gieleghem Neumann Spade
Brewer Hale O'Neil Stallworth
Brown, B. Hanley Patterson Switalski
Callahan Hansen Pestka Tesanovich
Cherry Jacobs Prusi Vaughn
Clarke, H. Jamnick Quarles Wojno
Daniels Kelly Rison Woodward
Nays--55
Allen Garcia Julian Rocca
Birkholz Geiger Koetje Sanborn
Bisbee Gilbert Kowall Scranton
Bishop Godchaux Kuipers Shackleton
Bradstreet Gosselin Kukuk Shulman
Brown, C. Green LaSata Stamas
Byl Hager Law Tabor
Cassis Hart Mead Toy
Caul Howell Middaugh Van Woerkom
DeRossett Jansen Pappageorge Vander Roest
DeVuyst Jelinek Perricone Vear
DeWeese Jellema Pumford Voorhees
Ehardt Johnson, Rick Richardville Woronchak
Faunce Johnson, Ruth Richner
In The Chair: Scranton
Rep. Jelinek moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed, a majority of the members voting therefor.
Rep. Byl moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the House returned to the order of
Third Reading of Bills
House Bill No. 5833, entitled
A bill to amend 1961 PA 108, entitled "An act to provide for loans by the state of Michigan to school districts for the payment of principal and interest upon school bonds; to prescribe the terms and conditions of the loans and the conditions upon which levies for bond principal and interest shall be included in computing the amount to be so loaned by the state; to prescribe the powers and duties of the superintendent of public instruction and the state treasurer in relation to such loans; to provide for the repayment of such loans; to provide incentives for repayment of such loans; to provide for other matters in respect to such loans; and to make an appropriation," by amending the title and sections 1, 2, 3, 4, 4a, 5, 6, 7, 8, 9, 9b, 10, 10a, 11, and 12 (MCL 388.951, 388.952, 388.953, 388.954, 388.954a, 388.955, 388.956, 388.957, 388.958, 388.959, 388.959b, 388.960, 388.960a, 388.961, and 388.962), the title and sections 6 and 9 as amended and section 9b as added by 1991 PA 65, sections 2, 4, and 11 as amended by 1992 PA 228, section 3 as amended by 1985 PA 25, section 4a as amended by 1991 PA 22, section 5 as amended by 1983 PA 124, and section 10 as amended and section 10a as added by 1989 PA 6, and by adding sections 1a, 9c, 10b, 10c, and 11a; and to repeal acts and parts of acts.
The bill was read a third time.
The question being on the passage of the bill,
Rep. Frank moved that the bill be referred to the Committee on Appropriations.
The question being on the motion made by Rep. Frank,
Rep. Frank demanded the yeas and nays.
The demand was supported.
The question being on the motion made by Rep. Frank,
The motion did not prevail, a majority of the members present not voting therefor, by yeas and nays, as follows:
Roll Call No. 668 Yeas--44
Baird Dennis Mans Schauer
Basham Frank Martinez Schermesser
Bogardus Gieleghem Minore Sheltrown
Bovin Hale Neumann Spade
Brater Hanley O'Neil Stallworth
Brown, B. Hansen Pestka Switalski
Callahan Jacobs Price Tesanovich
Cherry Jamnick Prusi Thomas
Clarke, H. Kelly Quarles Vaughn
Daniels Kilpatrick Rison Wojno
DeHart LaForge Rivet Woodward
Nays--58
Allen Garza Koetje Richner
Birkholz Geiger Kowall Rocca
Bisbee Gilbert Kuipers Sanborn
Bishop Godchaux Kukuk Scranton
Bradstreet Gosselin LaSata Shackleton
Brown, C. Green Law Shulman
Byl Hager Mead Stamas
Cassis Hart Middaugh Tabor
Caul Howell Pappageorge Toy
DeRossett Jansen Patterson Van Woerkom
DeVuyst Jelinek Perricone Vander Roest
DeWeese Jellema Pumford Vear
Ehardt Johnson, Rick Raczkowski Voorhees
Faunce Johnson, Ruth Richardville Woronchak
Garcia Julian
In The Chair: Scranton
______
Associate Speaker Pro Tempore Patterson assumed the Chair.
The question being on the passage of the bill,
The bill was then passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 669 Yeas--60
Allen Geiger Kowall Rocca
Birkholz Gilbert Kuipers Sanborn
Bisbee Godchaux Kukuk Scranton
Bishop Gosselin LaSata Shackleton
Bradstreet Green Law Sheltrown
Brown, C. Hager Mans Shulman
Byl Hart Mead Spade
Cassis Howell Middaugh Stamas
Caul Jamnick O'Neil Tabor
DeRossett Jansen Pappageorge Toy
DeVuyst Jelinek Patterson Van Woerkom
DeWeese Johnson, Rick Pestka Vander Roest
Ehardt Johnson, Ruth Pumford Vear
Faunce Julian Richardville Voorhees
Garcia Koetje Richner Woronchak
Nays--38
Baird Daniels Kelly Rivet
Basham DeHart Kilpatrick Schauer
Bogardus Dennis LaForge Schermesser
Bovin Frank Martinez Stallworth
Brater Garza Minore Switalski
Brewer Gieleghem Neumann Tesanovich
Brown, B. Hale Price Vaughn
Callahan Hanley Prusi Wojno
Cherry Hansen Rison Woodward
Clarke, H. Jacobs
In The Chair: Patterson
The House agreed to the title of the bill.
Rep. Byl moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
______
Reps. Schermesser, Basham, Wojno, Bob Brown, Garza and Jacobs, having reserved the right to explain their protest against the passage of the bill, made the following statement:
"Mr. Speaker and members of the House:
I voted no on House Bill 5833 for several reasons. First, the bill was just introduced one week ago. As it affects the ability of school districts to bond, it is a highly technical bill, and I was not afforded the proper time to gather information as to how it might affect my local school districts and taxpayers.
I do know that the bill will require school districts and local taxpayers that make us of the School Bond loan fund to repay a greater percentage of principal and interest up front, which will potentially increase millage rates faster than under the current system.
House Bill 5833 also places too much power in the hands of a single state bureaucrat, the state treasurer, who will be able to create criteria and parameters on how school districts can use the fund. This unelected official will have final say on whether or not a school district and local taxpayers can go ahead with a bond proposal.
Also, I was disappointed that the Republican Majority defeated a proposal to couple this bill with another which would have provided up to $2 million in interest payment relief to every school district in Michigan unaffected by House Bill 5833. School infrastructure is a statewide problem. Our schools deserve statewide solutions."
Rep. Schauer, 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 have repeatedly both in my district and in Lansing advocated for state support to address local school infrastructure needs. School buildings are aging, space constraints limit the ability to reduce class sizes, and outmoded facilities don't allow for the use of the latest technology in the classroom. We need to help fund and underwrite local school infrastructure needs.
However, I voted no on House Bill 5833 for several reasons. First, the bill as just introduced one week ago. As it affects the ability of school districts to bond, it is a highly technical bill, and I was not afforded the proper time to gather information as to how it might affect my local school districts and taxpayers.
I do know that the bill will require school districts and local taxpayers that make us of the School Bond loan fund to repay a greater percentage of principal and interest up front, which will potentially increase millage rates faster than under the current system.
House Bill 5833 also places too much power in the hands of a single state bureaucrat, the state treasurer, who will be able to create criteria and parameters on how school districts can use the fund. This unelected official will have final say on whether or not a school district and local taxpayers can go ahead with a bond proposal.
Also, I was disappointed that the Republican Majority defeated a proposal to couple this bill with another which would have provided up to $2 million in interest payment relief to every school district in Michigan unaffected by House Bill 5833. School infrastructure is a statewide problem. Our schools deserve statewide solutions."
Rep. Clarke, 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:
The debt service subsidy in this bill is specious and it provides no standards on how the state treasurer would allocate this subsidy."
Second Reading of Bills
House Bill No. 5822, entitled
A bill to amend 1959 PA 243, entitled "An act to define, license and regulate trailer coach parks; to prescribe the powers and duties of the state health commissioner and other state and local officers; to provide for the levy and collection of specific taxes on occupied trailers in trailer coach parks and the disposition of the revenues therefrom; to provide remedies and penalties for the violation of this act; and to repeal certain acts and parts of acts," by amending the title and sections 35, 41, 42, and 43 (MCL 125.1035, 125.1041, 125.1042, and 125.1043), section 42 as amended by 1994 PA 365.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Economic Development,
Rep. O'Neil moved that the bill be referred to the Committee on Tax Policy.
The question being on the motion made by Rep. O'Neil,
Rep. O'Neil demanded the yeas and nays.
The demand was supported.
The question being on the motion made by Rep. O'Neil,
The motion did not prevail, a majority of the members present not voting therefor, by yeas and nays, as follows:
Roll Call No. 670 Yeas--42
Baird DeHart Mans Schauer
Basham Dennis Martinez Schermesser
Bogardus Frank Minore Sheltrown
Bovin Garza Neumann Spade
Brater Gieleghem O'Neil Stallworth
Brewer Hale Pestka Switalski
Brown, B. Hanley Price Tesanovich
Callahan Hansen Prusi Vaughn
Cherry Jacobs Quarles Wojno
Clarke, H. Jamnick Rivet Woodward
Daniels Kilpatrick
Nays--56
Allen Garcia Julian Richner
Birkholz Geiger Koetje Rocca
Bisbee Gilbert Kowall Sanborn
Bishop Godchaux Kuipers Scranton
Bradstreet Gosselin Kukuk Shackleton
Brown, C. Green LaSata Shulman
Byl Hager Law Stamas
Cassis Hart Mead Tabor
Caul Howell Middaugh Toy
DeRossett Jansen Pappageorge Van Woerkom
DeVuyst Jelinek Patterson Vander Roest
DeWeese Jellema Perricone Vear
Ehardt Johnson, Rick Pumford Voorhees
Faunce Johnson, Ruth Richardville Woronchak
In The Chair: Patterson
The question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Economic Development,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Basham moved to amend the bill as follows:
1. Amend page 2, following line 20, by inserting:
"(4) A TRAILER COACH IS SUBJECT TO ANY APPLICABLE LOCAL ORDINANCE EFFECTIVE IN THE MUNICIPALITY IN WHICH THE TRAILER COACH IS LOCATED.".
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Reps. Basham and O'Neil moved to amend the bill as follows:
1. Amend page 2, line 20, after "380.1212." by inserting "EACH YEAR ON JANUARY 1, THE STATE TREASURER SHALL ESTIMATE THE REVENUE LOST FROM THE SCHOOL AID FUND BY THIS ACT AND REPLACE IT WITH GENERAL FUNDS.".
The question being on the adoption of the amendment offered by Reps. Basham and O'Neil,
Rep. O'Neil demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Reps. Basham and O'Neil,
The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 671 Yeas--45
Baird DeRossett Mans Schauer
Basham Frank Martinez Schermesser
Bogardus Gieleghem Minore Sheltrown
Bovin Hale Neumann Spade
Brater Hanley O'Neil Stallworth
Brewer Hansen Pestka Switalski
Brown, B. Jacobs Price Tesanovich
Callahan Jamnick Prusi Thomas
Clarke, H. Kelly Quarles Vaughn
Daniels Kilpatrick Rison Wojno
DeHart LaForge Rivet Woodward
Dennis
Nays--57
Allen Geiger Koetje Richner
Birkholz Gilbert Kowall Rocca
Bisbee Godchaux Kuipers Sanborn
Bishop Gosselin Kukuk Scranton
Bradstreet Green LaSata Shackleton
Brown, C. Hager Law Shulman
Byl Hart Mead Stamas
Cassis Howell Middaugh Tabor
Caul Jansen Pappageorge Toy
Cherry Jelinek Patterson Van Woerkom
DeVuyst Jellema Perricone Vander Roest
DeWeese Johnson, Rick Pumford Vear
Ehardt Johnson, Ruth Raczkowski Voorhees
Faunce Julian Richardville Woronchak
Garcia
In The Chair: Patterson
Rep. Basham moved to amend the bill as follows:
1. Amend page 2, following line 20, by inserting:
"(4) A TRAILER COACH IS SUBJECT TO ANY APPLICABLE LOCAL ORDINANCE EFFECTIVE IN THE COUNTY, TOWNSHIP, CITY, OR VILLAGE IN WHICH THE TRAILER COACH IS LOCATED.".
The question being on the adoption of the amendment offered by Rep. Basham,
Rep. Basham demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Basham,
Point of Order
Rep. Garcia requested a ruling from the Chair regarding the germaneness of the amendment offered by Rep. Basham.
The Chair ruled that the amendment is not germane pursuant to House Rule 64. The amendment introduces a new proposition which is not germane to the subject matter of the bill as it was originally introduced and as it is currently before the House.
Rep. Basham appealed the decision of the Chair.
The question being, "Shall the judgment of the Chair stand as the judgment of the House?"
The judgment of the Chair stood as the judgment of the House, a majority of the members present and voting, voting therefor, by yeas and nays, as follows:
Roll Call No. 672 Yeas--54
Allen Geiger Kowall Rocca
Bisbee Gilbert Kuipers Sanborn
Bishop Godchaux Kukuk Scranton
Bradstreet Green LaSata Shackleton
Brown, C. Hager Law Shulman
Byl Hart Mead Stamas
Cassis Howell Middaugh Tabor
Caul Jansen Patterson Toy
DeRossett Jelinek Perricone Van Woerkom
DeVuyst Jellema Pumford Vander Roest
DeWeese Johnson, Rick Raczkowski Vear
Ehardt Johnson, Ruth Richardville Voorhees
Faunce Julian Richner Woronchak
Garcia Koetje
Nays--42
Baird DeHart Mans Schauer
Basham Dennis Martinez Schermesser
Bogardus Frank Minore Sheltrown
Bovin Garza Neumann Spade
Brater Gieleghem Pestka Stallworth
Brewer Hale Price Switalski
Brown, B. Hansen Prusi Tesanovich
Callahan Jacobs Quarles Vaughn
Cherry Jamnick Rison Wojno
Clarke, H. Kelly Rivet Woodward
Daniels Kilpatrick
In The Chair: Patterson
Rep. Richardville moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed, a majority of the members voting therefor.
Rep. Raczkowski moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the House returned to the order of
Third Reading of Bills
House Bill No. 5822, entitled
A bill to amend 1959 PA 243, entitled "An act to define, license and regulate trailer coach parks; to prescribe the powers and duties of the state health commissioner and other state and local officers; to provide for the levy and collection of specific taxes on occupied trailers in trailer coach parks and the disposition of the revenues therefrom; to provide remedies and penalties for the violation of this act; and to repeal certain acts and parts of acts," by amending the title and sections 35, 41, 42, and 43 (MCL 125.1035, 125.1041, 125.1042, and 125.1043), section 42 as amended by 1994 PA 365.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 673 Yeas--98
Allen Ehardt Kelly Richner
Baird Faunce Kilpatrick Rivet
Basham Frank Koetje Rocca
Birkholz Garcia Kowall Sanborn
Bisbee Garza Kukuk Schauer
Bishop Geiger LaForge Schermesser
Bogardus Gieleghem LaSata Scranton
Bovin Gilbert Law Shackleton
Bradstreet Godchaux Mans Sheltrown
Brater Gosselin Martinez Shulman
Brewer Green Mead Spade
Brown, B. Hager Middaugh Stallworth
Brown, C. Hale Minore Stamas
Byl Hanley Neumann Switalski
Callahan Hansen Pappageorge Tabor
Cassis Hart Patterson Tesanovich
Caul Howell Perricone Thomas
Cherry Jacobs Pestka Toy
Clarke, H. Jamnick Price Van Woerkom
Daniels Jansen Prusi Vander Roest
DeHart Jelinek Pumford Vaughn
Dennis Jellema Quarles Voorhees
DeRossett Johnson, Rick Raczkowski Wojno
DeVuyst Johnson, Ruth Richardville Woronchak
DeWeese Julian
Nays--5
Kuipers Rison Vear Woodward
O'Neil
In The Chair: Patterson
The question being on agreeing to the title of the bill,
Rep. Raczkowski moved to amend the title to read as follows:
A bill to amend 1959 PA 243, entitled "An act to define, license and regulate trailer coach parks; to prescribe the powers and duties of the state health commissioner and other state and local officers; to provide for the levy and collection of specific taxes on occupied trailers in trailer coach parks and the disposition of the revenues therefrom; to provide remedies and penalties for the violation of this act; and to repeal certain acts and parts of acts," by amending section 42 (MCL 125.1042), as amended by 1994 PA 365.
The motion prevailed.
The House agreed to the title as amended.
Rep. Raczkowski moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Reps. Birkholz, Bishop, Cameron Brown, Cassis, DeHart, DeVuyst, DeWeese, Ruth Johnson, Julian, LaSata, Pappageorge, Patterson, Raczkowski, Rocca, Schermesser, Tabor, Toy, Vander Roest, Vaughn and Voorhees were named co-sponsors of the bill.
By unanimous consent the House returned to the order of
Motions and Resolutions
Rep. Raczkowski moved that a respectful message be sent to the Governor requesting the return of House Bill No. 5603.
The motion prevailed.
Messages from the Senate
House Bill No. 5078, entitled
A bill to amend 1995 PA 279, entitled "Horse racing law of 1995," by amending sections 10, 12, and 20 (MCL 431.310, 431.312, and 431.320), section 10 as amended by 1998 PA 408 and section 20 as amended by 1997 PA 73.
The Senate has substituted (S-2) the bill.
The Senate has passed the bill as substituted (S-2), ordered that it be given immediate effect and amended the title to read as follows:
A bill to amend 1995 PA 279, entitled "An act concerning unclaimed property; to provide for the reporting and disposition of unclaimed property; to make uniform the law concerning unclaimed property; to prescribe the powers and duties of certain state agencies and officials; to prescribe penalties and provide remedies; and to repeal acts and parts of acts," by amending sections 7, 9, 10, 12, and 20 (MCL 431.307, 431.309, 431.310, 431.312, and 431.320), section 10 as amended by 1998 PA 408 and section 20 as amended by 1997 PA 73.
The Speaker announced that pursuant to Rule 45, the bill was laid over one day.
Rep. Raczkowski moved that Rule 45 be suspended.
The motion prevailed, 3/5 of the members present voting therefor.
The question being on concurring in the adoption of the substitute (S-2) made to the bill by the Senate,
The substitute (S-2) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 674 Yeas--101
Allen Faunce Kilpatrick Rison
Baird Frank Koetje Rivet
Basham Garcia Kowall Rocca
Birkholz Garza Kuipers Sanborn
Bisbee Geiger Kukuk Schauer
Bishop Gieleghem LaForge Schermesser
Bogardus Gilbert LaSata Scranton
Bovin Godchaux Law Shackleton
Bradstreet Gosselin Mans Sheltrown
Brater Green Martinez Shulman
Brewer Hager Mead Spade
Brown, B. Hale Middaugh Stallworth
Brown, C. Hanley Neumann Stamas
Byl Hansen O'Neil Switalski
Callahan Hart Pappageorge Tabor
Cassis Howell Patterson Tesanovich
Caul Jacobs Perricone Toy
Cherry Jamnick Pestka Van Woerkom
Clarke, H. Jansen Price Vander Roest
Daniels Jelinek Prusi Vaughn
DeHart Jellema Pumford Vear
Dennis Johnson, Rick Quarles Voorhees
DeRossett Johnson, Ruth Raczkowski Wojno
DeVuyst Julian Richardville Woodward
DeWeese Kelly Richner Woronchak
Ehardt
Nays--0
In The Chair: Patterson
The House agreed to the title as amended.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
Messages from the Governor
June 1, 2000
Mr. Gary L. Randall, Clerk
House of Representatives
State Capitol Building
Lansing, Michigan 48909
Dear Mr. Randall:
Per the request of the House of Representatives, I am returning Enrolled House Bill 5603.
Sincerely,
John Engler
Governor
The communication was referred to the Clerk.
By unanimous consent the House returned to the order of
Messages from the Senate
The Senate requested the return of
House Bill No. 5603, entitled
A bill to repeal 1935 PA 147, entitled "An act authorizing the acquisition, improvement, construction, operation and maintenance of certain public works by the state; providing for the creation of the state bridge commission; authorizing
the issuance of revenue bonds of the state payable solely from earnings to pay the cost of such works; making such bonds exempt from taxation and making them eligible for certain investments; providing for the collection of fees, rents, tolls and other charges for the payment of such bonds and for the cost of maintenance, operation and repair of the works; declaring that no debt of the state shall be incurred in the exercise of any of the powers granted by this act; and providing for condemnation," (MCL 254.151 to 254.167) and to repeal parts of acts.
Rep. Raczkowski moved that the request of the Senate be granted.
The motion prevailed.
Second Reading of Bills
House Bill No. 5706, 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; and to prescribe penalties and provide remedies," by amending sections 3 and 5 (MCL 123.43 and 123.45).
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Local Government and Urban Policy,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Cameron Brown moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed, a majority of the members voting therefor.
Rep. Byl moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the House returned to the order of
Third Reading of Bills
House Bill No. 5706, 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; and to prescribe penalties and provide remedies," by amending sections 3 and 5 (MCL 123.43 and 123.45).
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 675 Yeas--100
Allen Ehardt Koetje Rison
Baird Faunce Kowall Rivet
Basham Frank Kuipers Rocca
Birkholz Garcia Kukuk Sanborn
Bisbee Garza LaForge Schauer
Bishop Gieleghem LaSata Schermesser
Bogardus Gilbert Law Scranton
Bovin Godchaux Mans Shackleton
Bradstreet Gosselin Martinez Sheltrown
Brater Green Mead Shulman
Brewer Hager Middaugh Spade
Brown, B. Hale Minore Stamas
Brown, C. Hanley Neumann Switalski
Byl Hansen O'Neil Tabor
Callahan Hart Pappageorge Tesanovich
Cassis Howell Patterson Thomas
Caul Jacobs Perricone Toy
Cherry Jansen Pestka Van Woerkom
Clarke, H. Jelinek Price Vander Roest
Daniels Jellema Prusi Vaughn
DeHart Johnson, Rick Pumford Vear
Dennis Johnson, Ruth Quarles Voorhees
DeRossett Julian Raczkowski Wojno
DeVuyst Kelly Richardville Woodward
DeWeese Kilpatrick Richner Woronchak
Nays--1
Jamnick
In The Chair: Patterson
The House agreed to the title of the bill.
Rep. Raczkowski moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Rep. Birkholz was named a co-sponsor of the bill.
By unanimous consent the House returned to the order of
Messages from the Senate
Senate Bill No. 937, entitled
A bill to amend 1939 PA 3, entitled "An act to provide for the regulation and control of public utilities and other services affected with a public interest within this state; to create a public service commission and to prescribe and define its powers and duties; to abolish the Michigan public utilities commission and to confer the powers and duties vested by law therein on the public service commission; to provide for the continuance, transfer, and completion of certain matters and proceedings; to abolish automatic adjustment clauses; to prohibit rate increases without notice and hearing; to qualify residential energy conservation programs permitted under state law for certain federal exemption; to provide for a restructuring of rates for certain utilities; to encourage the utilization of resource recovery facilities; to provide for appeals; to provide appropriations; to declare the effect of this act; to prescribe penalties; and to repeal all acts contrary to this act," by amending the title and section 6l (MCL 460.6l), the title as amended by 1989 PA 2 and section 6l as added by 1982 PA 304, and by adding sections 10, 10a, 10b, 10c, 10d, 10e, 10f, 10g, 10p, 10q, 10r, 10s, 10t, 10u, 10v, 10w, 10x, 10y, 10aa, 10bb, and 10cc.
The Senate has amended the House amendment as follows:
1. Amend House Amendment No. 32, page 12, line 2, after the second "the" by striking out the balance of the amendment and inserting ""section and inserting:
"(B) "COMMISSION" MEANS THE MICHIGAN PUBLIC SERVICE COMMISSION IN THE DEPARTMENT OF CONSUMER AND INDUSTRY SERVICES.
(C) "ELECTRIC UTILITY" MEANS THAT TERM AS DEFINED IN SECTION 2 OF THE ELECTRIC TRANSMISSION LINE CERTIFICATION ACT, 1995 PA 30, MCL 460.562.
(D) "MERCHANT PLANT" MEANS ELECTRIC GENERATING EQUIPMENT AND ASSOCIATED FACILITIES WITH A CAPACITY OF MORE THAN 100 KILOWATTS LOCATED IN THIS STATE THAT ARE NOT OWNED AND OPERATED BY AN ELECTRIC UTILITY.
(E) "RELEVANT MARKET" MEANS EITHER THE UPPER PENINSULA OR THE LOWER PENINSULA OF THIS STATE.
(F) "RENEWABLE ENERGY SOURCE" MEANS ENERGY GENERATED BY SOLAR, WIND, GEOTHERMAL, BIOMASS, INCLUDING WASTE-TO-ENERGY AND LANDFILL GAS OR HYDROELECTRIC.
(2) A SCHOOL DISTRICT AGGREGATING ELECTRICITY FOR SCHOOL PROPERTIES OR AN EXCLUSIVE AGGREGATOR FOR PUBLIC OR PRIVATE SCHOOL PROPERTIES IS NOT AN ELECTRIC UTILITY OR A PUBLIC UTILITY FOR THE PURPOSE OF THAT AGGREGATION."."".
The Senate has concurred in the House amendments as amended, ordered that it be given immediate effect and agreed to the title as amended.
The Speaker announced that pursuant to Rule 45, the bill be laid over one day.
Rep. Raczkowski moved that Rule 45 be suspended.
The motion prevailed, 3/5 of the members present voting therefor.
The question being on concurring in the adoption of the amendment made to the House amendment by the Senate,
The amendment was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 676 Yeas--67
Allen Geiger Kuipers Rocca
Birkholz Gilbert Kukuk Sanborn
Bisbee Godchaux LaSata Schauer
Bishop Gosselin Law Scranton
Bradstreet Green Mans Sheltrown
Brown, B. Hager Mead Shulman
Brown, C. Hale Middaugh Spade
Byl Hart Neumann Stallworth
Cassis Howell O'Neil Stamas
Caul Jansen Pappageorge Tabor
Clarke, H. Jelinek Patterson Thomas
DeRossett Jellema Perricone Toy
DeVuyst Johnson, Rick Pestka Van Woerkom
DeWeese Johnson, Ruth Pumford Vander Roest
Ehardt Julian Raczkowski Vear
Faunce Koetje Richardville Voorhees
Garcia Kowall Richner
Nays--33
Baird Dennis Kelly Schermesser
Basham Frank LaForge Shackleton
Bogardus Garza Martinez Switalski
Bovin Gieleghem Minore Tesanovich
Brater Hanley Price Vaughn
Brewer Hansen Prusi Wojno
Callahan Jacobs Rison Woodward
Cherry Jamnick Rivet Woronchak
DeHart
In The Chair: Patterson
By unanimous consent the House returned to the order of
Motions and Resolutions
Rep. Jacobs moved that the Committee on Health Policy be discharged from further consideration of House Bill No. 5302.
(For first notice see House Journal No. 51, p. 1420.)
The question being on the motion made by Rep. Jacobs,
Rep. Jacobs demanded the yeas and nays.
The demand was supported.
The question being on the motion made by Rep. Jacobs,
Rep. Raczkowski moved that consideration of the motion be postponed for the day.
The motion prevailed.
Rep. Raczkowski moved that when the House adjourns today it stand adjourned until Tuesday, June 6, at 10:00 a.m.
The motion prevailed.
Reps. Jelinek, Scranton, Godchaux, Hansen, Spade, Baird, Prusi, Pumford, Mead, DeVuyst, Faunce, Voorhees, LaSata, Richardville, Raczkowski, DeHart, Martinez, Vaughn, Kelly, Vander Roest, Bovin, Jacobs, Rocca, Allen, Richner, Caul, DeRossett, Sanborn, Shulman, Cassis, Julian, Koetje, Van Woerkom, Ehardt, Brater, Vear, Garcia, Bishop, Bogardus, Garza, Clarke, Pappageorge and Birkholz offered the following concurrent resolution:
House Concurrent Resolution No. 107.
A concurrent resolution supporting civic education and declaring the third Friday of September as Michigan's Legislators Back to School Day.
Whereas, Michigan was created as a representative democracy in which all governmental power is inherent in the people who exercise that power through the legislative, executive, and judicial branches; and
Whereas, In recent years, citizen interest in government and knowledge of the political system has declined in part due to a weakening belief in, and a lack of understanding of, the virtues and knowledge needed for a successful republican form of government; and
Whereas, Benjamin Rush, signer of the Declaration of Independence stated "There is but one method of rendering a republican form of government durable and that is by disseminating the seeds of virtue and knowledge through every part of the state by means of proper places and modes of education and this can be done effectively only by the aid of the legislature"; and
Whereas, The National Conference of State Legislatures (NCSL) has passed a resolution that says that the operation of the state legislatures and the roles of individual legislators are often little understood by citizens, and that public understanding of the institutions and processes of the government is critical to building public trust and confidence; and
Whereas, Civic education is a vital tool to promote greater understanding of the legislative institution and the role of legislators in a representative democracy; and
Whereas, The NCSL urges the nation's state legislatures to promote civic education about representative democracy; and
Whereas, The NSCL has established America's Legislators Back to School Day, a national day on which state legislators across the nation visit schools and classrooms to talk about the legislature and to observe activities in the schools; and
Whereas, Legislators will benefit from interacting with students, teachers, and administrators; now, therefore, be it
Resolved by the House of Representatives (the Senate concurring), That the Michigan Legislature supports civic education to promote greater understanding of the legislative institution and the role of legislators in a representative democracy; and be it further
Resolved, That the Michigan Legislature declares that the third Friday in September shall be designated as Michigan's Legislators Back to School Day and urges all members of the legislature to visit schools on that day; and be it further
Resolved, That a copy of this resolution be transmitted to The National Conference of State Legislatures.
Pending the reference of the resolution to a committee,
Rep. Raczkowski moved that Rule 77 be suspended and the resolution be considered at this time.
The motion prevailed, 3/5 of the members present voting therefor.
The question being on the adoption of the resolution,
The resolution was adopted.
Reports of Standing Committees
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Allen, Chair of the Committee on Education, was received and read:
Meeting held on: Thursday, June 1, 2000, at 8:00 a.m.,
Present: Reps. Allen, Bradstreet, Hager, Hart, Van Woerkom, Voorhees, Bogardus, Daniels, Gieleghem, Hansen, Scott, Spade,
Absent: Reps. Ruth Johnson, DeWeese, Rick Johnson, Kuipers, Clark,
Excused: Reps. Ruth Johnson, DeWeese, Rick Johnson, Kuipers, Clark.
Announcement by the Clerk of Printing and Enrollment
The Clerk announced that the following bill had been printed and placed upon the files of the members, Tuesday, May 30:
Senate Bill No. 1301
The Clerk announced that the following bill had been printed and placed upon the files of the members, Thursday, June 1:
House Bill No. 5864
The Clerk announced that the following Senate bills had been received on Thursday, June 1:
Senate Bill Nos. 1245 1246 1247 1256 1262 1275 1282
By unanimous consent the House returned to the order of
Messages from the Senate
Senate Bill No. 1245, entitled
A bill to amend 1893 PA 206, entitled "The general property tax act," by amending sections 7dd, 7ee, 10, 24, 24c, 27a, 27b, 27c, 31, 34, 34c, 34d, and 44 (MCL 211.7dd, 211.7ee, 211.10, 211.24, 211.24c, 211.27a, 211.27b, 211.27c, 211.31, 211.34, 211.34c, 211.34d, and 211.44), sections 7dd, 7ee, 24c, 27a, 27b, 34c, and 34d as amended and section 27c as added by 1996 PA 476, sections 10 and 24 as amended by 1994 PA 415, section 34 as amended by 1986 PA 105, and section 44 as amended by 1996 PA 57, and by adding sections 7gg and 27e; and to repeal acts and parts of acts.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Agriculture and Resource Management.
Senate Bill No. 1246, entitled
A bill to impose a state recapture tax on the change in use of certain agricultural property; to provide for the administration of this act; to prescribe the powers and duties of certain state and local officers; to provide for the collection and distribution of the recapture tax; and to prescribe penalties and provide remedies.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Agriculture and Resource Management.
Senate Bill No. 1247, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 36101, 36111, and 36111b (MCL 324.36101, 324.36111, and 324.36111b), section 36101 as amended and section 36111b as added by 1996 PA 233 and section 36111 as amended by 1996 PA 567, and by adding part 362.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Agriculture and Resource Management.
Senate Bill No. 1256, entitled
A bill to amend 1939 PA 3, entitled "An act to provide for the regulation and control of public utilities and other services affected with a public interest within this state; to create a public service commission and to prescribe and define its powers and duties; to abolish the Michigan public utilities commission and to confer the powers and duties vested by law therein on the public service commission; to provide for the continuance, transfer, and completion of certain matters and proceedings; to abolish automatic adjustment clauses; to prohibit rate increases without notice and hearing; to qualify residential energy conservation programs permitted under state law for certain federal exemption; to provide for a restructuring of rates for certain utilities; to encourage the utilization of resource recovery facilities; to provide for appeals; to provide appropriations; to declare the effect of this act; to prescribe penalties; and to repeal all acts contrary to this act," (MCL 460.1 to 460.8) by adding section 10dd.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Energy and Technology.
Senate Bill No. 1262, entitled
A bill to amend 1976 PA 451, entitled "The revised school code," (MCL 380.1 to 380.1852) by adding section 1274b.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Education.
Senate Bill No. 1275, entitled
A bill to amend 1984 PA 431, entitled "The management and budget act," by amending section 358 (MCL 18.1358).
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. 1282, entitled
A bill to amend 1961 PA 44, entitled "An act to provide for the release of misdemeanor prisoners by giving bond to the arresting officer in certain circumstances not inconsistent with public safety; and to repeal certain acts and parts of acts," by amending sections 1 and 2a (MCL 780.581 and 780.582a), section 1 as amended and section 2a as added by 1990 PA 308.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Criminal Law and Corrections.
Notices
The Speaker appointed as conferees, on the part of the House of Representatives for House Bill No. 5275, Reps. Godchaux, Kukuk and Prusi.
Communications from State Officers
The following communications from the Auditor General were received and read:
May 30, 2000
Enclosed is a copy of the following audit report and/or executive digest:
Performance Audit of
Barry County Community Mental Health Services
an Agency Under Contract with the
Department of Community Health
May 2000
May 30, 2000
Enclosed is a copy of the following audit report and/or executive digest:
Performance Audit of the
Oaks Correctional Facility,
Camp Pugsley, and Camp Sauble
Department of Corrections
May 2000
May 30, 2000
Enclosed is a copy of the following audit report and/or executive digest:
Performance Audit of
Selected Community Colleges' Reporting of
Activities Classification Structure Data
May 2000
Sincerely,
Thomas H. McTavish, C.P.A.
Auditor General
The communications were referred to the Clerk and the accompanying reports referred to the Committee on House Oversight and Operations.
The following communication from the Northeast Michigan Consortium was received and read:
May 31, 2000
The Workforce Development Board of Northeast Michigan Consortium has prepared the final Workforce Investment Act Adult Program Plan for the program year beginning July 1, 2000. A copy of the Plan is available at Northeast
Michigan Consortium, P.O. Box 711, Onaway, Michigan 49765. Please address questions or comments to Terry L. Basel, Program Coordinator. An equal opportunity program/employer. Auxiliary aids and services will be made available upon request to individuals with disabilities. Michigan Relay Center 1(800)649-3777 (Voice & TDD).
The communication was referred to the Clerk.
Introduction of Bills
Reps. Bradstreet and Green introduced
House Bill No. 5865, entitled
A bill to designate an official bird of this state; and to repeal acts and parts of acts.
The bill was read a first time by its title and referred to the Committee on House Oversight and Operations.
Reps. Gieleghem, Wojno, Bogardus, Jamnick, Hale, Jacobs, Switalski, Woodward, Spade, Dennis, Hansen, Callahan, Bovin, Scott, Neumann, DeHart and Minore introduced
House Bill No. 5866, entitled
A bill to amend 1976 PA 451, entitled "The revised school code," (MCL 380.1 to 380.1852) by adding section 1304.
The bill was read a first time by its title and referred to the Committee on Education.
Reps. Kuipers, Scranton, Pappageorge, Julian, DeHart, Schermesser, Stamas and Birkholz introduced
House Bill No. 5867, entitled
A bill to amend 1931 PA 328, entitled "The Michigan penal code," (MCL 750.1 to 750.568) by adding section 160c.
The bill was read a first time by its title and referred to the Committee on Criminal Law and Corrections.
Reps. Scranton, Kuipers, DeHart, Julian, Pappageorge and Birkholz introduced
House Bill No. 5868, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 16i of chapter XVII (MCL 777.16i), as added by 1998 PA 317.
The bill was read a first time by its title and referred to the Committee on Criminal Law and Corrections.
Reps. Middaugh, Cameron Brown, Julian, Pappageorge, Gilbert, LaSata, Birkholz, Vander Roest, Raczkowski, Scranton and Kuipers introduced
House Bill No. 5869, entitled
A bill to create certain prescription programs relating to the elderly; to enhance access to prescription drugs to certain elderly residents of the state; to prescribe the powers and duties of certain state departments and agencies; and to repeal acts and parts of acts.
The bill was read a first time by its title and referred to the Committee on Appropriations.
Reps. Ehardt, Scranton, Patterson, Bovin, Raczkowski, Richardville, Mead, DeHart, Mortimer, Martinez, Vear, Pappageorge, Pumford, Garcia, Kukuk, LaSata, Faunce, Van Woerkom, Byl, DeRossett, Hager, Kowall, Tabor, Toy, Sanborn, Koetje, Julian, Gilbert, Law, Green, Allen, Howell, Jansen, Gosselin, Voorhees, Godchaux, Shulman, Jelinek, DeVuyst, Rivet, Frank, Hardman, Bishop, Cassis, Sheltrown, Garza, Clark, Gieleghem, Minore, Wojno, Hansen, Woodward, Dennis, Spade, Mans, O'Neil, Switalski, Callahan, Jamnick, Pestka, Brewer, Cherry, Rison, Basham, Schauer, Bob Brown, Jacobs, Scott, Schermesser, Daniels, Stallworth, Prusi, Tesanovich, DeWeese, Geiger and Lemmons introduced
House Bill No. 5870, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending section 17763 (MCL 333.17763), as amended by 1997 PA 153.
The bill was read a first time by its title and referred to the Committee on Senior Health, Security and Retirement.
Rep. Julian moved that the House adjourn.
The motion prevailed, the time being 4:10 p.m.
Associate Speaker Pro Tempore Patterson declared the House adjourned until Tuesday, June 6, at 10:00 a.m.
GARY L. RANDALL
Clerk of the House of Representatives.