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.