No. 58
STATE OF MICHIGAN
JOURNAL
OF THE
House of Representatives
90th Legislature
REGULAR SESSION OF 2000
House Chamber, Lansing, Tuesday, September 26, 2000.
2:00 p.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--excused
Cassis--present
Caul--present
Cherry--present
Clark--present
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--present
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--present
Lockwood--present
Mans--present
Martinez--excused
Mead--present
Middaugh--present
Minore--present
Mortimer--present
Neumann--present
O'Neil--present
Pappageorge--present
Patterson--present
Perricone--present
Pestka--present
Price--present
Prusi--present
Pumford--present
Quarles--present
Raczkowski--present
Reeves--present
Richardville--present
Richner--present
Rison--present
Rivet--present
Rocca--present
Sanborn--present
Schauer--present
Schermesser--present
Scott--present
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
Rev. S. L. Roberson, from Metropolitan Memorial Baptist Church in Ypsilanti, offered the following invocation:
"Our Father and our God, as we come at this moment we want to thank You that You have let us live long enough to stand here where men and women hold in their hands the destiny of the citizenry of Michigan. We pray my Father that they will continually, regardless of their personal feelings, lead our state. Help them to realize--as I thought about my governor who is white, then I reflected because I'm black--help them to realize that color has nothing to do with righteousness. Help them to realize that our one blood comes from all nations. Help us to realize that Your divine word, Isaiah 45:8, and the next three chapters, makes it plain that You are God and there is none beside Thee and You don't need help from anyone. Help us to realize that as my grandmother taught me--when death comes and we have to go before the Creator of the earth--help us to realize that we are going to have to stand there alone and give an account of all our stewardship on earth.
Now Father, now God, I ask Thee to continue to bless our representatives and especially Ruth, but most of all give us the spirit of unity and help us to realize that the decisions we make will affect all of those around us. I have to say hallelujah. I have to say praise God. I have to lift my arms to Him and let the world know that without Him we are nothing. In all that we do, do it in the name of Jesus. Amen."
______
Rep. Scott moved that Reps. Callahan and Martinez be excused from today's session.
The motion prevailed.
The Speaker assumed the Chair.
Motions and Resolutions
By unanimous consent the House considered House Resolution No. 399 out of numerical order.
The Speaker, on behalf of the entire membership of the House of Representatives, offered the following resolution:
House Resolution No. 399.
A resolution offered as a memorial for Leonard S. Walton, former member of the House.
Whereas, The members of this legislative body and many others in state service were saddened to learn of the recent passing of Leonard S. Walton, who served our state and nation with great distinction over the course of his life. We offer this expression of our sincerest condolences to his family and wish them to know of the respect held for his memory by those who worked with him as a lawmaker and in subsequent service to Michigan and his community; and
Whereas, Leonard Walton was born and educated in Detroit. He answered his country's call to arms and served in the Korean War from 1951 to 1953. He remained active in veterans and community groups, and in 1962 was elected to the first of his five consecutive terms as a State Representative from Detroit. His ten years as a legislator covered a period of great change in state government and society. During his tenure, the legislature implemented its present constitution and reorganized many areas of government. Representative Walton's leadership, including his chairmanship of the Tourist Industry Committee and service on the Labor and the Veterans and Military Affairs Committees, served Michigan well; and
Whereas, Following his commitment as a lawmaker, Leonard Walton channeled his energies and spirit of public service through his ten years with the Michigan Department of Mental Health. He remained involved in civic groups and pursued real estate appraisal in recent years. Clearly, his dedication to public life touched many people and benefited Michigan in many ways; now, therefore, be it
Resolved by the House of Representatives, That we offer this expression of tribute as a memorial for Leonard S. Walton, a member of the House from 1963 until 1972; and be it further
Resolved, That copies of this resolution be transmitted to the Walton family as evidence of the lasting esteem we hold for his life and work.
The question being on the adoption of the resolution,
The resolution was adopted by unanimous standing vote.
______
The Speaker Pro Tempore resumed the Chair.
Rep. Raczkowski moved that a respectful message be sent to the Senate requesting the return of Senate Bill No. 734.
The motion prevailed.
Rep. Raczkowski moved that a respectful message be sent to the Senate requesting the return of Senate Bill No. 773.
The motion prevailed.
Reports of Standing Committees
The Committee on Tax Policy, by Rep. Cassis, Chair, reported
House Bill No. 5821, entitled
A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending section 260 (MCL 206.260), as amended by 1996 PA 484.
With the recommendation that the substitute (H-1) be adopted and that the bill then pass.
The bill and substitute were referred to the order of Second Reading of Bills.
Favorable Roll Call
HB 5821 To Report Out:
Yeas: Reps. Cassis, Woronchak, Allen, Faunce, Gilbert, Gosselin, Koetje, Patterson, Vander Roest, Vear, Quarles, Basham, Jamnick, Minore, O'Neil, Switalski,
Nays: None.
The Committee on Tax Policy, by Rep. Cassis, Chair, reported
Senate Bill No. 892, entitled
A bill to amend 1941 PA 122, entitled "An act to establish a revenue division of the department of treasury; to prescribe its powers and duties as the revenue collection agency of the state; to prescribe certain powers and duties of the state treasurer; to regulate the importation, stamping, and disposition of certain tobacco products; to create the position and to define the powers and duties of the state commissioner of revenue; to provide for the transfer of powers and duties now vested in certain other state boards, commissions, departments and offices; to prescribe certain duties of and require certain reports from the department of treasury; to provide procedures for the payment, administration, audit, assessment, levy of interests or penalties on, and appeals of taxes and tax liability; to prescribe its powers and duties if an agreement to act as agent for a city to administer, collect, and enforce the city income tax act on behalf of a city is entered into with any city; to provide an appropriation; to abolish the state board of tax administration; to prescribe penalties and provide remedies; and to declare the effect of this act," by amending section 28 (MCL 205.28), as amended by 1998 PA 221.
With the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
SB 892 To Report Out:
Yeas: Reps. Cassis, Allen, Faunce, Gilbert, Gosselin, Koetje, Patterson, Vander Roest, Vear, O'Neil, Switalski,
Nays: None.
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Cassis, Chair of the Committee on Tax Policy, was received and read:
Meeting held on: Tuesday, September 19, 2000, at 9:00 a.m.,
Present: Reps. Cassis, Woronchak, Allen, Faunce, Gilbert, Gosselin, Koetje, Patterson, Vander Roest, Vear, Quarles, Basham, Jamnick, Minore, O'Neil, Switalski,
Absent: Rep. Garza,
Excused: Rep. Garza.
The Committee on Family and Civil Law, by Rep. Richner, Chair, reported
House Bill No. 4552, entitled
A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," (MCL 600.101 to 600.9948) by adding chapter 50b.
With the recommendation that the substitute (H-4) be adopted and that the bill then pass.
The bill and substitute were referred to the order of Second Reading of Bills.
Favorable Roll Call
HB 4552 To Report Out:
Yeas: Reps. Richner, Shulman, Hart, Koetje, Law, Voorhees, Minore, Switalski,
Nays: None.
The Committee on Family and Civil Law, by Rep. Richner, Chair, reported
House Bill No. 4615, entitled
A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," (MCL 600.101 to 600.9948) by adding chapter 50b.
With the recommendation that the substitute (H-4) be adopted and that the bill then pass.
The bill and substitute were referred to the order of Second Reading of Bills.
Favorable Roll Call
HB 4615 To Report Out:
Yeas: Reps. Richner, Shulman, Hart, Koetje, Law, Voorhees, Minore, Switalski,
Nays: None.
The Committee on Family and Civil Law, by Rep. Richner, Chair, reported
House Bill No. 5919, entitled
A bill to amend 1998 PA 386, entitled "Estates and protected individuals code," by amending sections 5306, 5313, 5314, and 5417 (MCL 700.5306, 700.5313, 700.5314, and 700.5417), sections 5313 and 5314 as amended by 2000 PA 54.
With the recommendation that the substitute (H-2) be adopted and that the bill then pass.
The bill and substitute were referred to the order of Second Reading of Bills.
Favorable Roll Call
HB 5919 To Report Out:
Yeas: Reps. Richner, Shulman, Hart, Koetje, Law, Voorhees, Switalski,
Nays: None.
The Committee on Family and Civil Law, by Rep. Richner, Chair, reported
House Bill No. 5921, entitled
A bill to amend 1998 PA 386, entitled "Estates and protected individuals code," by amending section 5314 (MCL 700.5314), as amended by 2000 PA 54.
With the recommendation that the substitute (H-2) be adopted and that the bill then pass.
The bill and substitute were referred to the order of Second Reading of Bills.
Favorable Roll Call
HB 5921 To Report Out:
Yeas: Reps. Richner, Shulman, Hart, Koetje, Voorhees, Switalski,
Nays: None.
The Committee on Family and Civil Law, by Rep. Richner, Chair, reported
Senate Bill No. 1184, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," (MCL 760.1 to 777.69) by adding section 2b to chapter IV.
With the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
SB 1184 To Report Out:
Yeas: Reps. Richner, Shulman, Law, Voorhees, Minore, Switalski,
Nays: None.
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Richner, Chair of the Committee on Family and Civil Law, was received and read:
Meeting held on: Thursday, September 21, 2000, at 9:00 a.m.,
Present: Reps. Richner, Shulman, Hart, Koetje, Law, Voorhees, Baird, Minore, Switalski,
Absent: Reps. Sanborn, Schermesser,
Excused: Reps. Sanborn, Schermesser.
By unanimous consent the House returned to the order of
Reports of Select Committees
Senate Bill No. 967, entitled
A bill to make appropriations for the state institutions of higher education and certain state purposes related to education for the fiscal year ending September 30, 2001; to provide for the expenditures of those appropriations; and to prescribe the powers and duties of certain state departments, institutions, agencies, employees, and officers.
The Senate has adopted the report of the Committee of Conference and ordered that the bill be given immediate effect.
The Conference Report was read as follows:
First Conference Report
The Committee of Conference on the matters of difference between the two Houses concerning
Senate Bill No. 967, entitled
A bill to make appropriations for the state institutions of higher education and certain state purposes related to education for the fiscal year ending September 30, 2001; to provide for the expenditures of those appropriations; and to prescribe the powers and duties of certain state departments, institutions, agencies, employees, and officers.
Recommends:
First: That the Senate and House agree to the Substitute of the House as passed by the House and to the following amendments:
1. Amend page 1, line 1, by striking out all of part 1 and inserting:
"PART 1
LINE-ITEM APPROPRIATIONS
Sec. 101. Subject to the conditions set forth in this act, the amounts listed in this part are appropriated for higher education for the fiscal year ending September 30, 2001, from the funds indicated in this part. The following is a summary of the appropriations in this part:
HIGHER EDUCATION
APPROPRIATION SUMMARY:
Full-time equated classified positions 1.0
GROSS APPROPRIATION $ 1,905,000,608
Interdepartmental grant revenues:
Total interdepartmental grants and intradepartmental transfers 0
ADJUSTED GROSS APPROPRIATION $ 1,905,000,608
Federal revenues:
Total federal revenues 3,900,000
Special revenue funds:
Total local revenues 0
Total private revenues 0
Total other state restricted revenues 115,250,000
State general fund/general purpose $ 1,785,850,608
Sec. 102. CENTRAL MICHIGAN UNIVERSITY
Operations $ 88,542,155
GROSS APPROPRIATION $ 88,542,155
Appropriated from:
State general fund/general purpose $ 88,542,155
Sec. 103. EASTERN MICHIGAN UNIVERSITY
Operations $ 86,367,530
GROSS APPROPRIATION $ 86,367,530
Appropriated from:
State general fund/general purpose $ 86,367,530
Sec. 104. FERRIS STATE UNIVERSITY
Operations $ 54,715,920
GROSS APPROPRIATION $ 54,715,920
Appropriated from:
State general fund/general purpose $ 54,715,920
Sec. 105. GRAND VALLEY STATE UNIVERSITY
Operations $ 59,076,955
GROSS APPROPRIATION $ 59,076,955
Appropriated from:
State general fund/general purpose $ 59,076,955
Sec. 106. LAKE SUPERIOR STATE UNIVERSITY
Operations $ 14,061,894
GROSS APPROPRIATION $ 14,061,894
Appropriated from:
State general fund/general purpose $ 14,061,894
Sec. 107. MICHIGAN STATE UNIVERSITY
Operations $ 321,161,401
GROSS APPROPRIATION $ 321,161,401
Appropriated from:
State general fund/general purpose $ 321,161,401
Sec. 108. MICHIGAN TECHNOLOGICAL UNIVERSITY
Operations $ 54,441,216
GROSS APPROPRIATION $ 54,441,216
Appropriated from:
State general fund/general purpose $ 54,441,216
Sec. 109. NORTHERN MICHIGAN UNIVERSITY
Operations $ 51,259,361
GROSS APPROPRIATION $ 51,259,361
Appropriated from:
State general fund/general purpose $ 51,259,361
Sec. 110. OAKLAND UNIVERSITY
Operations $ 51,534,095
GROSS APPROPRIATION $ 51,534,095
Appropriated from:
State general fund/general purpose $ 51,534,095
Sec. 111. SAGINAW VALLEY STATE UNIVERSITY
Operations $ 26,947,150
GROSS APPROPRIATION $ 26,947,150
Appropriated from:
State general fund/general purpose $ 26,947,150
Sec. 112. UNIVERSITY OF MICHIGAN-ANN ARBOR
Operations $ 358,197,903
GROSS APPROPRIATION $ 358,197,903
Appropriated from:
State general fund/general purpose $ 358,197,903
Sec. 113. UNIVERSITY OF MICHIGAN-DEARBORN
Operations $ 27,577,815
GROSS APPROPRIATION $ 27,577,815
Appropriated from:
State general fund/general purpose $ 27,577,815
Sec. 114. UNIVERSITY OF MICHIGAN-FLINT
Operations $ 23,719,410
GROSS APPROPRIATION $ 23,719,410
Appropriated from:
State general fund/general purpose $ 23,719,410
Sec. 115. WAYNE STATE UNIVERSITY
Operations $ 249,970,059
GROSS APPROPRIATION $ 249,970,059
Appropriated from:
State general fund/general purpose $ 249,970,059
Sec. 116. WESTERN MICHIGAN UNIVERSITY
Operations $ 123,856,474
GROSS APPROPRIATION $ 123,856,474
Appropriated from:
State general fund/general purpose $ 123,856,474
Sec. 117. STATE AND REGIONAL PROGRAMS
Full-time equated positions 1.0
Agricultural experiment station $ 36,305,012
Cooperative extension service 31,314,190
Michigan molecular institute 233,426
Japan center for Michigan universities 417,071
Higher education database modernization and conversion--1.0 FTE position 275,000
Midwestern higher education compact 75,000
GROSS APPROPRIATION $ 68,619,699
Appropriated from:
State general fund/general purpose $ 68,619,699
Sec. 118. MARTIN LUTHER KING,JR.-CESAR CHAVEZ-ROSA PARKS PROGRAM
Select student supportive services $ 2,141,948
Michigan college/university partnership program 642,584
Morris Hood, Jr. educator development program 162,698
GROSS APPROPRIATION $ 2,947,230
Appropriated from:
State general fund/general purpose $ 2,947,230
Sec. 119. GRANTS AND FINANCIAL AID
State competitive scholarships $ 34,875,692
Tuition grants 65,142,587
Michigan work-study program 7,899,604
Part-time independent student program 2,860,936
Grant for Michigan resident dental graduates 4,979,026
Grant for general degree graduates 6,227,753
Grant for allied health graduates 921,508
Michigan education opportunity grants 2,247,235
Robert C. Byrd honors scholarship program 1,600,000
Michigan merit award program 110,000,000
Tuition incentive program 5,250,000
GROSS APPROPRIATION $ 242,004,341
Appropriated from:
Federal revenues:
Higher education act of 1965, title IV, 20 U.S.C. 2,300,000
Higher education act of 1965, title IV, part A 1,600,000
Special revenue funds:
Michigan merit award trust fund 115,250,000
State general fund/general purpose $ 122,854,341".
2. Amend page 7, line 6, after "is" by striking out "$1,918,143,836.00" and inserting "$1,901,100,608.00".
3. Amend page 9, line 24, by striking out all of section 216.
4. Amend page 12, following line 9, by inserting:
"(7) Students enrolled in instructional programs provided by the Kendall College of Art and Design of Ferris State University are eligible to receive tuition grant awards for fiscal years 2000-2001 and 2001-2002.".
5. Amend page 14, line 4, after "general" by striking out "shall" and inserting "may".
6. Amend page 19, following line 5, subsection (15), after the second "program" by striking out "shall be" and inserting "is".
7. Amend page 19, line 10, by striking out all of section 312.
8. Amend page 19, line 18, after "is" by striking out "$6,287,805.00" and inserting "$6,263,943.00".
9. Amend page 20, line 26, after the first "of" by striking out "3.0%" and inserting "4.0%".
10. Amend page 21, line 6, after "than" by striking out "3.0%" and inserting "4.0%".
11. Amend page 21, line 14, after "of" by striking out "3.0%" and inserting "4.0%".
12. Amend page 21, line 19, by striking out all of section 403b.
13. Amend page 23, line 26, by striking out all of section 410 and inserting:
"Sec. 410. It is the intent of the legislature that the funding ratio of state appropriations to tuition revenue per fiscal year equated student be increased toward a 2-to-1 ratio.".
14. Amend page 24, line 4, by striking out all of section 412 and inserting:
"Sec. 412. By November 15, 2000, each state university shall provide through the Higher Education Institutional Data Inventory (HEIDI) reporting system the number of graduates in each field of academic study for the preceding academic year.".
15. Amend page 24, following line 16, by inserting:
"Sec. 418. No state funds shall be used by any state university to undertake a collaborative effort with any other university that would have the effect of increasing its enrollment of first-time professional law degree seeking students.".
16. Amend page 25, following line 24, by striking out all of section 435.
17. Amend page 34, line 18, after "By" by striking out "November 15, 2000" and inserting "February 15, 2001".
18. Amend page 34, line 21, after "agencies" by inserting "the aggregate dollar amount and".
Second: That the Senate and House agree to the title of the bill to read as follows:
A bill to make appropriations for the state institutions of higher education and certain state purposes related to education for the fiscal year ending September 30, 2001; to provide for the expenditures of those appropriations; and to prescribe the powers and duties of certain state departments, institutions, agencies, employees, and officers.
John J.H. Schwarz, M.D.
George A. McManus, Jr.
Conferees for the Senate
Sandra Caul
David Mead
Hubert Price, Jr.
Conferees for the House
The Speaker announced that under Joint Rule 9 the conference report would lie over one day.
Rep. Raczkowski moved pursuant to Joint Rule 9, that the Journal printing requirement be suspended, printed copies of the conference report having been placed on the members' desks.
The motion prevailed.
The question being on the adoption of the conference report,
The conference report was then adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 838 Yeas--95
Allen Frank Kukuk Rivet
Baird Garcia LaForge Rocca
Basham Garza LaSata Sanborn
Birkholz Geiger Law Schauer
Bisbee Gieleghem Lemmons Schermesser
Bishop Gilbert Lockwood Scott
Bogardus Godchaux Mans Scranton
Bradstreet Green Mead Shackleton
Brater Hager Middaugh Sheltrown
Brewer Hale Minore Shulman
Brown, B. Hanley Mortimer Spade
Brown, C. Hansen Neumann Stallworth
Cassis Hardman O'Neil Stamas
Caul Howell Pappageorge Switalski
Cherry Jacobs Patterson Tabor
Clark, I. Jamnick Perricone Thomas
Clarke, H. Jelinek Price Toy
Daniels Johnson, Rick Pumford Van Woerkom
DeHart Johnson, Ruth Quarles Vander Roest
DeRossett Julian Raczkowski Vear
DeVuyst Kelly Reeves Wojno
DeWeese Kilpatrick Richardville Woodward
Ehardt Koetje Richner Woronchak
Faunce Kowall Rison
Nays--13
Bovin Hart Kuipers Tesanovich
Byl Jansen Pestka Vaughn
Dennis Jellema Prusi Voorhees
Gosselin
In The Chair: Birkholz
Rep. Raczkowski moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
______
Rep. DeWeese moved that Rep. Garcia be excused temporarily from today's session.
The motion prevailed.
Third Reading of Bills
House Bill No. 5228, entitled
A bill to amend 1962 PA 174, entitled "Uniform commercial code," by amending sections 1105, 1201, 2103, 2210, 2326, 2502, 2716, 2A103, 2A303, 2A307, 2A309, 4210, 7503, 8103, 8106, 8110, 8301, 8302, 8510, 9102, 9103, 9104, 9105, 9106, 9107, 9108, 9109, 9110, 9201, 9202, 9203, 9204, 9205, 9206, 9207, 9208, 9301, 9302, 9303, 9304, 9305, 9306, 9307, 9308, 9309, 9310, 9311, 9312, 9313, 9314, 9315, 9316, 9317, 9318, 9401, 9402, 9403, 9404, 9405, 9406, 9407, 9408, 9409, 9501, 9502, 9503, 9504, 9505, 9506, and 9507 (MCL 440.1105, 440.1201, 440.2103, 440.2210, 440.2326, 440.2502, 440.2716, 440.2803, 440.2903, 440.2907, 440.2909, 440.4210, 440.7503, 440.8103, 440.8106, 440.8110, 440.8301, 440.8302, 440.8510, 440.9102, 440.9103, 440.9104, 440.9105, 440.9106, 440.9107, 440.9108, 440.9109, 440.9110, 440.9201, 440.9202, 440.9203, 440.9204, 440.9205, 440.9206, 440.9207, 440.9208, 440.9301, 440.9302, 440.9303, 440.9304, 440.9305, 440.9306, 440.9307, 440.9308, 440.9309, 440.9310, 440.9311, 440.9312, 440.9313, 440.9314, 440.9315, 440.9316, 440.9317, 440.9318, 440.9401, 440.9402, 440.9403, 440.9404, 440.9405, 440.9406, 440.9407, 440.9408, 440.9409, 440.9501, 440.9502, 440.9503, 440.9504, 440.9505, 440.9506, and 440.9507), sections 1105, 9203, and 9402 as amended by 1998 PA 489, section 1201 as amended and sections 2A103, 2A303, 2A307, and 2A309 as added by 1992 PA 101, section 2326 as amended by 1982 PA 397, section 4210 as amended by 1993 PA 130, sections 8103, 8106, 8301, 8302, 9301, 9302, 9303, 9306, 9309, and 9312 as amended and sections 8110 and 8510 as added by 1998 PA 278, sections 9103, 9104, 9105, 9106, 9304, and 9305 as amended by 1998 PA 488, section 9307 as amended by 1985 PA 199, section 9313 as amended by 1980 PA 53, section 9401 as amended by 1990 PA 288, sections 9403 and 9404 as amended by 1992 PA 186, sections 9405 and 9407 as amended by 1988 PA 130, and section 9406 as amended by 1989 PA 216, and by adding sections 5118, 9103a, 9209, 9210, 9319, 9320, 9321, 9322, 9323, 9324, 9324a, 9325, 9326, 9327, 9328, 9329, 9330, 9331, 9332, 9333, 9334, 9335, 9336, 9337, 9338, 9339, 9340, 9341, 9342, 9508, 9509, 9510, 9511, 9512, 9513, 9514, 9515, 9516, 9517, 9518, 9519, 9520, 9521, 9522, 9523, 9524, 9525, 9526, 9527, 9601, 9602, 9603, 9604, 9605, 9606, 9607, 9608, 9609, 9610, 9611, 9612, 9613, 9614, 9615, 9616, 9617, 9618, 9619, 9620, 9621, 9622, 9623, 9624, 9625, 9626, 9627, 9628, 9701, 9702, 9703, 9704, 9705, 9706, 9707, and 9708; and to repeal acts and parts of acts.
(The bill was placed on the order of Third Reading of Bills and postponed temporarily on June 20, see House Journal No. 56, p. 1816.)
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 839 Yeas--104
Allen Frank Kowall Richner
Baird Garza Kuipers Rison
Basham Geiger Kukuk Rivet
Birkholz Gieleghem LaForge Rocca
Bisbee Gilbert LaSata Sanborn
Bishop Godchaux Law Schauer
Bogardus Gosselin Lemmons Schermesser
Bovin Green Lockwood Scott
Bradstreet Hager Mans Sheltrown
Brater Hale Mead Shulman
Brewer Hanley Middaugh Spade
Brown, B. Hansen Minore Stallworth
Brown, C. Hardman Mortimer Stamas
Byl Hart Neumann Switalski
Cassis Howell O'Neil Tabor
Caul Jacobs Pappageorge Tesanovich
Cherry Jamnick Patterson Thomas
Clark, I. Jansen Perricone Toy
Clarke, H. Jelinek Pestka Van Woerkom
Daniels Jellema Price Vander Roest
DeHart Johnson, Rick Prusi Vaughn
Dennis Johnson, Ruth Pumford Vear
DeRossett Julian Quarles Voorhees
DeWeese Kelly Raczkowski Wojno
Ehardt Kilpatrick Reeves Woodward
Faunce Koetje Richardville Woronchak
Nays--2
DeVuyst Shackleton
In The Chair: Birkholz
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 1962 PA 174, entitled "Uniform commercial code," by amending sections 1105, 1201, 2103, 2210, 2326, 2502, 2716, 2A103, 2A303, 2A307, 2A309, 4210, 7503, 8103, 8106, 8110, 8301, 8302, 8510, 9102, 9103, 9104, 9105, 9106, 9107, 9108, 9109, 9110, 9201, 9202, 9203, 9204, 9205, 9206, 9207, 9208, 9301, 9302, 9303, 9304, 9305, 9306, 9307, 9308, 9309, 9310, 9311, 9312, 9313, 9314, 9315, 9316, 9317, 9318, 9401, 9402, 9403, 9404, 9405, 9406, 9407, 9408, 9409, 9501, 9502, 9503, 9504, 9505, 9506, and 9507 (MCL 440.1105, 440.1201, 440.2103, 440.2210, 440.2326, 440.2502, 440.2716, 440.2803, 440.2903, 440.2907, 440.2909, 440.4210, 440.7503, 440.8103, 440.8106, 440.8110, 440.8301, 440.8302, 440.8510, 440.9102, 440.9103, 440.9104, 440.9105, 440.9106, 440.9107, 440.9108, 440.9109, 440.9110, 440.9201, 440.9202, 440.9203, 440.9204, 440.9205, 440.9206, 440.9207, 440.9208, 440.9301, 440.9302, 440.9303, 440.9304, 440.9305, 440.9306, 440.9307, 440.9308, 440.9309, 440.9310, 440.9311, 440.9312, 440.9313, 440.9314, 440.9315, 440.9316, 440.9317, 440.9318, 440.9401, 440.9402, 440.9403, 440.9404, 440.9405, 440.9406, 440.9407, 440.9408, 440.9409, 440.9501, 440.9502, 440.9503, 440.9504, 440.9505, 440.9506, and 440.9507), sections 1105, 9203, and 9402 as amended by 1998 PA 489, section 1201 as amended and sections 2A103, 2A303, 2A307, and 2A309 as added by 1992 PA 101, section 2326 as amended by 1982 PA 397, section 4210 as amended by 1993 PA 130, sections 8103, 8106, 8301, 8302, 9301, 9302, 9303, 9306, 9309, and 9312 as amended and sections 8110 and 8510 as added by 1998 PA 278, sections 9103, 9104, 9105, 9106, 9304, and 9305 as amended by 1998 PA 488, section 9307 as amended by 1985 PA 199, section 9313 as amended by 1980 PA 53, section 9401 as amended by 1990 PA 288, sections 9403 and 9404 as amended by 1992 PA 186, sections 9405 and 9407 as amended by 1988 PA 130, and section 9406 as amended by 1989 PA 216, and by adding sections 5118, 9209, 9210, 9319, 9320, 9321, 9322, 9323, 9324, 9325, 9326, 9327, 9328, 9329, 9330, 9331, 9332, 9333, 9334, 9335, 9336, 9337, 9338, 9339, 9340, 9341, 9342, 9508, 9509, 9510, 9511, 9512, 9513, 9514, 9515, 9516, 9517, 9518, 9519, 9520, 9521, 9522, 9523, 9524, 9525, 9526, 9527, 9601, 9602, 9603, 9604, 9605, 9606, 9607, 9608, 9609, 9610, 9611, 9612, 9613, 9614, 9615, 9616, 9617, 9618, 9619, 9620, 9621, 9622, 9623, 9624, 9625, 9626, 9627, 9628, 9701, 9702, 9703, 9704, 9705, 9706, 9707, 9708, and 9709; and to repeal acts and parts of acts.
The motion prevailed.
The House agreed to the title as amended.
Second Reading of Bills
House Bill No. 5402, entitled
A bill to amend 1974 PA 370, entitled "Vietnam veteran era bonus act," by amending section 17 (MCL 35.1037).
The bill was read a second time.
Rep. Howell 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. Godchaux asked and obtained an excuse from the balance of today's session.
By unanimous consent the House returned to the order of
Third Reading of Bills
House Bill No. 5402, entitled
A bill to amend 1974 PA 370, entitled "Vietnam veteran era bonus act," by amending section 17 (MCL 35.1037).
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 840 Yeas--103
Allen Faunce Kuipers Rivet
Baird Frank Kukuk Rocca
Basham Garza LaForge Sanborn
Birkholz Gieleghem LaSata Schauer
Bisbee Gilbert Law Schermesser
Bishop Gosselin Lemmons Scott
Bogardus Green Lockwood Scranton
Bovin Hager Mans Shackleton
Bradstreet Hale Mead Sheltrown
Brater Hanley Middaugh Shulman
Brewer Hansen Minore Spade
Brown, B. Hardman Mortimer Stamas
Brown, C. Hart Neumann Switalski
Byl Howell O'Neil Tabor
Cassis Jacobs Pappageorge Tesanovich
Caul Jamnick Patterson Thomas
Cherry Jansen Perricone Toy
Clark, I. Jelinek Pestka Van Woerkom
Clarke, H. Jellema Price Vander Roest
Daniels Johnson, Rick Prusi Vaughn
DeHart Johnson, Ruth Pumford Vear
Dennis Julian Quarles Voorhees
DeRossett Kelly Raczkowski Wojno
DeVuyst Kilpatrick Richardville Woodward
DeWeese Koetje Richner Woronchak
Ehardt Kowall Rison
Nays--0
In The Chair: Birkholz
The House agreed to the title of the bill.
Second Reading of Bills
House Bill No. 5403, entitled
A bill to amend 1933 PA 94, entitled "The revenue bond act of 1933," by amending section 14 (MCL 141.114).
The bill was read a second time.
Rep. LaSata 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. 5403, entitled
A bill to amend 1933 PA 94, entitled "The revenue bond act of 1933," by amending section 14 (MCL 141.114).
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 841 Yeas--105
Allen Frank Kuipers Rison
Baird Garza Kukuk Rivet
Basham Geiger LaForge Rocca
Birkholz Gieleghem LaSata Sanborn
Bisbee Gilbert Law Schauer
Bishop Gosselin Lemmons Schermesser
Bogardus Green Lockwood Scott
Bovin Hager Mans Scranton
Bradstreet Hale Mead Shackleton
Brater Hanley Middaugh Sheltrown
Brewer Hansen Minore Shulman
Brown, B. Hardman Mortimer Spade
Brown, C. Hart Neumann Stallworth
Byl Howell O'Neil Stamas
Cassis Jacobs Pappageorge Switalski
Caul Jamnick Patterson Tabor
Cherry Jansen Perricone Thomas
Clark, I. Jelinek Pestka Toy
Clarke, H. Jellema Price Van Woerkom
Daniels Johnson, Rick Prusi Vander Roest
DeHart Johnson, Ruth Pumford Vaughn
Dennis Julian Quarles Vear
DeRossett Kelly Raczkowski Voorhees
DeVuyst Kilpatrick Reeves Wojno
DeWeese Koetje Richardville Woodward
Ehardt Kowall Richner Woronchak
Faunce
Nays--0
In The Chair: Birkholz
The House agreed to the title of the bill.
Second Reading of Bills
House Bill No. 5404, entitled
A bill to amend 1983 PA 102, entitled "Uniform federal lien registration act," by amending section 5 (MCL 211.665), as amended by 1991 PA 132.
The bill was read a second time.
Rep. Richner moved to amend the bill as follows:
1. Amend page 4, following line 7, by inserting:
"Enacting section 1. This amendatory act takes effect July 1, 2001." and renumbering the remaining enacting section.
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Bishop 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. Thomas moved that Rep. Cherry 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. 5404, entitled
A bill to amend 1983 PA 102, entitled "Uniform federal lien registration act," by amending section 5 (MCL 211.665), as amended by 1991 PA 132.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 842 Yeas--103
Allen Frank Kuipers Rison
Baird Garza Kukuk Rivet
Basham Geiger LaForge Rocca
Birkholz Gieleghem LaSata Sanborn
Bisbee Gilbert Law Schauer
Bishop Gosselin Lemmons Schermesser
Bogardus Green Lockwood Scott
Bovin Hager Mans Scranton
Bradstreet Hale Mead Shackleton
Brater Hanley Middaugh Sheltrown
Brewer Hansen Minore Shulman
Brown, B. Hardman Mortimer Spade
Brown, C. Hart Neumann Stallworth
Byl Howell O'Neil Stamas
Cassis Jacobs Pappageorge Tabor
Caul Jamnick Patterson Thomas
Clark, I. Jansen Perricone Toy
Clarke, H. Jelinek Pestka Van Woerkom
Daniels Jellema Price Vander Roest
DeHart Johnson, Rick Prusi Vaughn
Dennis Johnson, Ruth Pumford Vear
DeRossett Julian Quarles Voorhees
DeVuyst Kelly Raczkowski Wojno
DeWeese Kilpatrick Reeves Woodward
Ehardt Koetje Richardville Woronchak
Faunce Kowall Richner
Nays--0
In The Chair: Birkholz
The House agreed to the title of the bill.
______
The Speaker Pro Tempore called Associate Speaker Pro Tempore Scranton to the Chair.
Second Reading of Bills
House Bill No. 5405, entitled
A bill to amend 1968 PA 203, entitled "State tax lien registration act," by amending section 4 (MCL 211.684), as amended by 1989 PA 47.
The bill was read a second time.
Rep. Richner moved to amend the bill as follows:
1. Amend page 4, following line 6, by inserting:
"Enacting section 1. This amendatory act takes effect July 1, 2001."and renumbering the remaining enacting section.
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Minore 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. LaForge moved that Rep. Kelly be excused temporarily from today's session.
The motion prevailed.
Rep. Scott moved that Rep. Prusi 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. 5405, entitled
A bill to amend 1968 PA 203, entitled "State tax lien registration act," by amending section 4 (MCL 211.684), as amended by 1989 PA 47.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 843 Yeas--100
Allen Frank Kukuk Rocca
Baird Garza LaForge Sanborn
Basham Geiger LaSata Schauer
Birkholz Gieleghem Law Schermesser
Bisbee Gilbert Lemmons Scott
Bishop Gosselin Lockwood Scranton
Bovin Green Mans Shackleton
Bradstreet Hager Mead Sheltrown
Brater Hale Middaugh Shulman
Brewer Hanley Mortimer Spade
Brown, B. Hansen Neumann Stallworth
Brown, C. Hardman O'Neil Stamas
Byl Hart Pappageorge Switalski
Cassis Howell Patterson Tabor
Caul Jacobs Perricone Tesanovich
Clark, I. Jamnick Pestka Thomas
Clarke, H. Jansen Price Toy
Daniels Jelinek Pumford Van Woerkom
DeHart Jellema Quarles Vander Roest
Dennis Johnson, Rick Raczkowski Vaughn
DeRossett Johnson, Ruth Reeves Vear
DeVuyst Julian Richardville Voorhees
DeWeese Koetje Richner Wojno
Ehardt Kowall Rison Woodward
Faunce Kuipers Rivet Woronchak
Nays--0
In The Chair: Scranton
The House agreed to the title of the bill.
The Speaker Pro Tempore resumed the Chair.
Second Reading of Bills
House Bill No. 5406, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 58b (MCL 257.58b).
The bill was read a second time.
Rep. Voorhees 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. 5406, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 58b (MCL 257.58b).
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 844 Yeas--101
Allen Frank Kukuk Rivet
Baird Garza LaForge Rocca
Basham Geiger LaSata Sanborn
Birkholz Gieleghem Law Schauer
Bisbee Gilbert Lemmons Schermesser
Bishop Gosselin Lockwood Scott
Bogardus Green Mans Scranton
Bovin Hager Mead Shackleton
Bradstreet Hale Middaugh Shulman
Brater Hanley Mortimer Spade
Brewer Hansen Neumann Stallworth
Brown, B. Hardman O'Neil Stamas
Brown, C. Hart Pappageorge Switalski
Byl Howell Patterson Tabor
Cassis Jacobs Perricone Tesanovich
Caul Jansen Pestka Thomas
Clark, I. Jelinek Price Toy
Clarke, H. Jellema Prusi Van Woerkom
Daniels Johnson, Rick Pumford Vander Roest
DeHart Johnson, Ruth Quarles Vaughn
Dennis Julian Raczkowski Vear
DeRossett Kelly Reeves Voorhees
DeVuyst Koetje Richardville Wojno
DeWeese Kowall Richner Woodward
Ehardt Kuipers Rison Woronchak
Faunce
Nays--0
In The Chair: Birkholz
The House agreed to the title of the bill.
Second Reading of Bills
House Bill No. 5407, entitled
A bill to amend 1978 PA 387, entitled "An act to make appropriations to the department of state; to prescribe the powers and duties of the department of state and the state treasurer; to provide for loans to persons who own certain vehicles for the cost of their alteration or replacement; and to provide an interest rate for repayment of those loans," by amending section 4 (MCL 257.934).
The bill was read a second time.
Rep. Richner moved to amend the bill as follows:
1. Amend page 2, following line 5, by inserting:
"Enacting section 1. This amendatory act takes effect July 1, 2001."and renumbering the remaining enacting section.
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Patterson 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. 5407, entitled
A bill to amend 1978 PA 387, entitled "An act to make appropriations to the department of state; to prescribe the powers and duties of the department of state and the state treasurer; to provide for loans to persons who own certain vehicles for the cost of their alteration or replacement; and to provide an interest rate for repayment of those loans," by amending section 4 (MCL 257.934).
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 845 Yeas--105
Allen Garcia Kukuk Rivet
Baird Garza LaForge Rocca
Basham Geiger LaSata Sanborn
Birkholz Gieleghem Law Schauer
Bisbee Gilbert Lemmons Schermesser
Bishop Gosselin Lockwood Scott
Bogardus Green Mans Scranton
Bovin Hager Mead Shackleton
Bradstreet Hale Middaugh Sheltrown
Brater Hanley Minore Shulman
Brewer Hansen Mortimer Spade
Brown, B. Hardman Neumann Stallworth
Brown, C. Hart O'Neil Stamas
Byl Howell Pappageorge Switalski
Cassis Jacobs Patterson Tabor
Caul Jamnick Perricone Tesanovich
Clark, I. Jansen Pestka Thomas
Clarke, H. Jelinek Price Toy
Daniels Jellema Prusi Van Woerkom
DeHart Johnson, Rick Pumford Vander Roest
Dennis Johnson, Ruth Quarles Vaughn
DeRossett Julian Raczkowski Vear
DeVuyst Kelly Reeves Voorhees
DeWeese Koetje Richardville Wojno
Ehardt Kowall Richner Woodward
Faunce Kuipers Rison Woronchak
Frank
Nays--0
In The Chair: Birkholz
The House agreed to the title of the bill.
Second Reading of Bills
House Bill No. 5408, entitled
A bill to amend 1939 PA 141, entitled "Grain dealers act," by amending section 7a (MCL 285.67a), as amended by 1998 PA 388.
The bill was read a second time.
Rep. Richner moved to amend the bill as follows:
1. Amend page 4, following line 16, by inserting:
"Enacting section 1. This amendatory act takes effect July 1, 2001."and renumbering the remaining enacting section.
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Switalski 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. 5408, entitled
A bill to amend 1939 PA 141, entitled "Grain dealers act," by amending section 7a (MCL 285.67a), as amended by 1998 PA 388.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 846 Yeas--105
Allen Garcia Kukuk Rivet
Baird Garza LaForge Rocca
Basham Geiger LaSata Sanborn
Birkholz Gieleghem Law Schauer
Bisbee Gilbert Lemmons Schermesser
Bishop Gosselin Lockwood Scott
Bogardus Green Mans Scranton
Bovin Hager Mead Shackleton
Bradstreet Hale Middaugh Sheltrown
Brater Hanley Minore Shulman
Brewer Hansen Mortimer Spade
Brown, B. Hardman Neumann Stallworth
Brown, C. Hart O'Neil Stamas
Byl Howell Pappageorge Switalski
Cassis Jacobs Patterson Tabor
Caul Jamnick Perricone Tesanovich
Clark, I. Jansen Pestka Thomas
Clarke, H. Jelinek Price Toy
Daniels Jellema Prusi Van Woerkom
DeHart Johnson, Rick Pumford Vander Roest
Dennis Johnson, Ruth Quarles Vaughn
DeRossett Julian Raczkowski Vear
DeVuyst Kelly Reeves Voorhees
DeWeese Koetje Richardville Wojno
Ehardt Kowall Richner Woodward
Faunce Kuipers Rison Woronchak
Frank
Nays--0
In The Chair: Birkholz
The House agreed to the title of the bill.
Second Reading of Bills
House Bill No. 5409, entitled
A bill to amend 1969 PA 295, entitled "Higher education facilities authority act," by amending section 11 (MCL 390.931).
The bill was read a second time.
Rep. Shulman 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. 5409, entitled
A bill to amend 1969 PA 295, entitled "Higher education facilities authority act," by amending section 11 (MCL 390.931).
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 847 Yeas--103
Allen Garcia Kukuk Rivet
Baird Garza LaForge Rocca
Basham Geiger LaSata Sanborn
Birkholz Gieleghem Law Schauer
Bisbee Gilbert Lemmons Schermesser
Bishop Gosselin Lockwood Scranton
Bogardus Green Mans Shackleton
Bovin Hager Mead Sheltrown
Bradstreet Hale Middaugh Shulman
Brater Hanley Minore Spade
Brewer Hansen Mortimer Stallworth
Brown, B. Hardman Neumann Stamas
Brown, C. Hart O'Neil Switalski
Byl Howell Pappageorge Tabor
Cassis Jacobs Patterson Tesanovich
Caul Jamnick Perricone Thomas
Clark, I. Jansen Pestka Toy
Clarke, H. Jelinek Price Van Woerkom
Daniels Jellema Prusi Vander Roest
DeHart Johnson, Rick Pumford Vaughn
Dennis Johnson, Ruth Quarles Vear
DeRossett Julian Raczkowski Voorhees
DeVuyst Kelly Reeves Wojno
DeWeese Koetje Richardville Woodward
Ehardt Kowall Richner Woronchak
Faunce Kuipers Rison
Nays--0
In The Chair: Birkholz
The House agreed to the title of the bill.
Second Reading of Bills
House Bill No. 5919, entitled
A bill to amend 1998 PA 386, entitled "Estates and protected individuals code," by amending sections 5306, 5313, 5314, and 5417 (MCL 700.5306, 700.5313, 700.5314, and 700.5417), sections 5313 and 5314 as amended by 2000 PA 54.
Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Family and Civil Law,
The substitute (H-2) was adopted, a majority of the members serving voting therefor.
Rep. Richner moved to amend the bill as follows:
1. Amend page 9, following line 27, by inserting:
"Enacting section 1. This amendatory act takes effect January 1, 2001.".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Switalski moved to amend the bill as follows:
1. Amend page 7, line 23, after "WARD," by striking out the balance of the line through "ENTITY," on line 25.
2. Amend page 8, line 3, after "WARD" by striking out the balance of the line through "ENTITY," on line 5 and inserting a comma.
The question being on the adoption of the amendments offered by Rep. Switalski,
Rep. Switalski demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendments offered by Rep. Switalski,
The amendments were not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 848 Yeas--47
Baird Garza Lockwood Schauer
Basham Gieleghem Mans Schermesser
Bogardus Hale Minore Scott
Bovin Hanley Neumann Sheltrown
Brewer Hansen O'Neil Stallworth
Brown, B. Hardman Pestka Switalski
Cherry Jacobs Price Tabor
Clarke, H. Jamnick Prusi Tesanovich
Daniels Kelly Reeves Vaughn
DeHart Kilpatrick Rison Wojno
Dennis LaForge Rivet Woodward
Frank Lemmons Rocca
Nays--56
Allen Garcia Koetje Richardville
Birkholz Geiger Kowall Richner
Bisbee Gilbert Kuipers Sanborn
Bishop Gosselin Kukuk Scranton
Bradstreet Green LaSata Shackleton
Brown, C. Hager Law Shulman
Byl Hart Mead Spade
Cassis Howell Middaugh Stamas
Caul Jansen Mortimer Toy
DeRossett Jelinek Pappageorge Van Woerkom
DeVuyst Jellema Patterson Vander Roest
DeWeese Johnson, Rick Perricone Vear
Ehardt Johnson, Ruth Pumford Voorhees
Faunce Julian Raczkowski Woronchak
In The Chair: Birkholz
Rep. Richner 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. 5919, entitled
A bill to amend 1998 PA 386, entitled "Estates and protected individuals code," by amending sections 5306, 5313, 5314, and 5417 (MCL 700.5306, 700.5313, 700.5314, and 700.5417), sections 5313 and 5314 as amended by 2000 PA 54.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 849 Yeas--107
Allen Frank Kuipers Rivet
Baird Garcia Kukuk Rocca
Basham Garza LaForge Sanborn
Birkholz Geiger LaSata Schauer
Bisbee Gieleghem Law Schermesser
Bishop Gilbert Lemmons Scott
Bogardus Gosselin Lockwood Scranton
Bovin Green Mans Shackleton
Bradstreet Hager Mead Sheltrown
Brater Hale Middaugh Shulman
Brewer Hanley Minore Spade
Brown, B. Hansen Mortimer Stallworth
Brown, C. Hardman Neumann Stamas
Byl Hart O'Neil Switalski
Cassis Howell Pappageorge Tabor
Caul Jacobs Patterson Tesanovich
Cherry Jamnick Perricone Thomas
Clark, I. Jansen Pestka Toy
Clarke, H. Jelinek Price Van Woerkom
Daniels Jellema Prusi Vander Roest
DeHart Johnson, Rick Pumford Vaughn
Dennis Johnson, Ruth Quarles Vear
DeRossett Julian Raczkowski Voorhees
DeVuyst Kelly Reeves Wojno
DeWeese Kilpatrick Richardville Woodward
Ehardt Koetje Richner Woronchak
Faunce Kowall Rison
Nays--0
In The Chair: Birkholz
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 1998 PA 386, entitled "Estates and protected individuals code," by amending sections 5306, 5313, 5314, 5417, and 5418 (MCL 700.5306, 700.5313, 700.5314, 700.5417, and 700.5418), sections 5313 and 5314 as amended by 2000 PA 54.
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. 5921, entitled
A bill to amend 1998 PA 386, entitled "Estates and protected individuals code," by amending section 5314 (MCL 700.5314), as amended by 2000 PA 54.
Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Family and Civil Law,
The substitute (H-2) was adopted, a majority of the members serving voting therefor.
Rep. Richner moved to amend the bill as follows:
1. Amend page 4, following line 17, by inserting:
"Enacting section 1. This amendatory act takes effect January 1, 2001.".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Woronchak 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. 5921, entitled
A bill to amend 1998 PA 386, entitled "Estates and protected individuals code," by amending section 5314 (MCL 700.5314), as amended by 2000 PA 54.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 850 Yeas--106
Allen Garcia Kukuk Rivet
Baird Garza LaForge Rocca
Basham Geiger LaSata Sanborn
Birkholz Gieleghem Law Schauer
Bisbee Gilbert Lemmons Schermesser
Bishop Gosselin Lockwood Scott
Bogardus Green Mans Scranton
Bovin Hager Mead Shackleton
Bradstreet Hale Middaugh Sheltrown
Brater Hanley Minore Shulman
Brewer Hansen Mortimer Spade
Brown, B. Hardman Neumann Stallworth
Brown, C. Hart O'Neil Stamas
Byl Howell Pappageorge Switalski
Cassis Jacobs Patterson Tabor
Caul Jamnick Perricone Tesanovich
Cherry Jansen Pestka Thomas
Clark, I. Jelinek Price Toy
Daniels Jellema Prusi Van Woerkom
DeHart Johnson, Rick Pumford Vander Roest
Dennis Johnson, Ruth Quarles Vaughn
DeRossett Julian Raczkowski Vear
DeVuyst Kelly Reeves Voorhees
DeWeese Kilpatrick Richardville Wojno
Ehardt Koetje Richner Woodward
Faunce Kowall Rison Woronchak
Frank Kuipers
Nays--0
In The Chair: Birkholz
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.
Announcement by the Clerk of Printing and Enrollment
The Clerk announced that the following bills had been printed and placed upon the files of the members, Thursday, June 8:
Senate Bill Nos. 1304 1305 1306 1307 1308 1309
The Clerk announced that the following bills had been printed and placed upon the files of the members, Monday, June 12:
Senate Bill Nos. 1310 1311
The Clerk announced the enrollment printing and presentation to the Governor on Wednesday, June 21, for his approval of the following bills:
Enrolled House Bill No. 5280 at 1:00 p.m.
Enrolled House Bill No. 5281 at 1:02 p.m.
Enrolled House Bill No. 5418 at 1:04 p.m.
Enrolled House Bill No. 5624 at 1:06 p.m.
The Clerk announced the enrollment printing and presentation to the Governor on Thursday, June 22, for his approval of the following bills:
Enrolled House Bill No. 5273 at 1:00 p.m.
Enrolled House Bill No. 5279 at 1:02 p.m.
The Clerk announced that the following bills and joint resolution had been printed and placed upon the files of the members, Friday, June 23:
House Bill Nos. 5888 5889 5890 5891 5892 5893 5894 5895 5896 5897 5898 5899 5900 5901 5902 5903 5904 5905 5906 5907 5908 5909 5910 5911
House Joint Resolution U
The Clerk announced the enrollment printing and presentation to the Governor on Friday, June 23, for his approval of the following bills:
Enrolled House Bill No. 5282 at 1:18 p.m.
Enrolled House Bill No. 5284 at 1:20 p.m.
The Clerk announced that the following bills had been printed and placed upon the files of the members, Monday, June 26:
House Bill Nos. 5912 5913 5914 5915 5916 5917 5918 5919 5920 5921 5922 5923 5924 5925 5926 5927 5928 5929 5930 5931 5932 5933 5934 5935
The Clerk announced the enrollment printing and presentation to the Governor on Tuesday, June 27, for his approval of the following bills:
Enrolled House Bill No. 4752 at 2:30 p.m.
Enrolled House Bill No. 5017 at 2:32 p.m.
Enrolled House Bill No. 5740 at 2:34 p.m.
Enrolled House Bill No. 5780 at 2:36 p.m.
The Clerk announced the enrollment printing and presentation to the Governor on Wednesday, June 28, for his approval of the following bills:
Enrolled House Bill No. 4007 at 11:40 a.m.
Enrolled House Bill No. 4260 at 11:42 a.m.
Enrolled House Bill No. 5690 at 11:44 a.m.
Enrolled House Bill No. 5691 at 11:46 a.m.
Enrolled House Bill No. 5766 at 11:48 a.m.
The Clerk announced the enrollment printing and presentation to the Governor on Wednesday, June 28, for his approval of the following bill:
Enrolled House Bill No. 5833 at 4:13 p.m.
The Clerk announced the enrollment printing and presentation to the Governor on Thursday, June 29, for his approval of the following bill:
Enrolled House Bill No. 5854 at 3:11 p.m.
The Clerk announced the enrollment printing and presentation to the Governor on Friday, June 30, for his approval of the following bills:
Enrolled House Bill No. 5274 at 1:17 p.m.
Enrolled House Bill No. 5275 at 1:19 p.m.
Enrolled House Bill No. 5276 at 1:21 p.m.
Enrolled House Bill No. 5278 at 1:23 p.m.
The Clerk announced the enrollment printing and presentation to the Governor on Wednesday, July 5, for his approval of the following bills:
Enrolled House Bill No. 5277 at 1:00 p.m.
Enrolled House Bill No. 5721 at 1:02 p.m.
The Clerk announced that the following Senate bills had been received on Tuesday, September 26:
Senate Bill Nos. 1064 1339 1340 1341
Messages from the Governor
The following line items veto message from the Governor was received and read:
Executive Office, Lansing, July 6, 2000
Michigan House of Representatives
State Capitol Building
Lansing, Michigan 48909
Ladies and Gentlemen:
Today I have signed Enrolled House Bill 5273, the Fiscal Year 2001 appropriations bill for the Department of Agriculture. However, I am returning it to you because of five items of which I disapprove, pursuant to Article V, Section 19, of the Michigan Constitution. The specific vetoes are contained in the attached copy of the bill, which has been filed with the Secretary of State. My action today:
* Increases funding for local conservation districts by $1.4 million to support a "gateway" approach of one-stop customer service between land users and conservation service providers that includes state, federal and local governments, conservation organizations, and Internet services.
* Includes $950,000 general fund support for increased Migrant Labor Housing grants for farmers, a 73% increase from Fiscal Year 2000, to improve living conditions for migrant workers.
* Contains $570,000 in new funding for the Michigan Agriculture Environmental Assurance program. This funding is for a comprehensive pollution prevention initiative that will address citizen concerns and avoid burdensome regulation for the farming community.
* Increases funding for the Michigan Food Bank Council by $250,000. This funding will be used to purchase an estimated 3 million pounds of surplus food, including fresh fruits and vegetables.
* Includes $3.5 million to enhance Michigan's comprehensive Bovine Tuberculosis eradication and surveillance efforts. I continue to support efforts to eliminate this disease from Michigan livestock and wildlife.
* Supports funding of $1.25 million to implement the recently enacted Unified Food Code (Act 92 of 2000). However, the conference committee removed an additional $190,000 in funding necessary to fully implement the Food Code.
My action today also vetoes several items with which I do not concur and which are detailed below. I urge the Legislature to stay within the general fund target for the Department of Agriculture and to utilize the funds made available from these vetoes to restore the $190,000 to the Food Code program.
* Last year I indicated that Fiscal Year 2000 funding was intended to be the last year of funding for the Michigan Biotechnology Institute. I have, therefore, vetoed $100,000 appropriated for ongoing support for the Institute, along with related language in section 304.
* I have vetoed section 606 which earmarks $100,000 for a wetlands demonstration project in Ottawa county. Engineers representing Michigan State University, the Department of Natural Resources and the Natural Resources Conservation Service question the effectiveness of the technology to be used in the treatment process.
* I have vetoed $50,000 for Michigan integrated food and farming systems, and related language section 706, because it earmarks funding for a specific association. I believe that associations should receive operating support from membership contributions and fund-raising efforts, not from state revenues.
* For a similar reason, I have vetoed section 814, which re-directs funding from the thoroughbred sire stakes line item and the thoroughbred owners' award line item to the Michigan Thoroughbred Owners and Breeders Association to support ongoing association operations.
* And, lastly, I have vetoed $80,000 in funding for Michigan festivals, and related language section 811 which directs that the funding be used to promote commodity related festivals and to support an equine education and demonstration program. There is no demonstrated need for a 60 percent increase in funding for Michigan festivals and, instead, I am directing the Michigan Travel Bureau to work cooperatively with the Department of Agriculture to integrate festival promotion into their ongoing tourism activities.
This bill supports the operations of the Department of Agriculture for Fiscal Year 2001. I commend the Legislature for its prompt action in finalizing this budget.
Sincerely,
John Engler
Governor
This bill was signed by the Governor, July 6, 2000, at 11:30 a.m.
The bill was filed with the Secretary of State July 6, 2000, at 12:02 p.m. and assigned Public Act No. 270, I.E.
The question being on the passage of the disapproved items, the objections of the Governor to the contrary notwithstanding,
Rep. Raczkowski moved that the bill be re-referred to the Committee on Appropriations.
The motion prevailed.
The following line items veto message from the Governor was received and read:
Executive Office, Lansing, July 6, 2000
Michigan House of Representatives
State Capitol Building
Lansing, Michigan 48909
Ladies and Gentlemen:
Today I have signed Enrolled House Bill 5284, the Fiscal Year 2001 appropriations bill for the Department of Transportation. However, I am returning it to you because of items of which I disapprove pursuant to Article V, Section 19, of the Michigan Constitution. The specific vetoes are contained in the attached copy of this bill, which has been filed with the Secretary of State.
This bill will provide landmark support for the rebuilding, repair and maintenance of Michigan's roads and bridges. Thanks to Build Michigan II, Michigan will again invest nearly $3 billion for record improvements on the state trunkline system, local road and bridge projects, and intermodal transportation services. My action today:
* Provides for $91 million in additional Build Michigan II revenues that will continue to be shared with locals under the historical distribution formula. In addition, over $66 million in new federal revenues will also be available in Fiscal Year 2001. With these added revenues in place, Michigan begins the new millennium with its most aggressive program yet for strengthening this state's transportation infrastructure.
* Includes $4.6 million for increased maintenance program allocations, including trunkline system expansion, increased roadside services, all-season operation of rest facilities, pilot testing of new anti-icing/de-icing materials, high technology traffic signals, and rest facility disposal evaluations.
* Adds $1 million for enhanced engineering and technical support for local agency programs. The Department of Transportation works cooperatively with local road agencies in overseeing and managing contracts for federal aid eligible projects.
* Supports $29.6 million in public transportation investments, including over $27 million for bus capital programs. Additional state and federal program support is also provided for non-urban operating/capital, intercity bus programs, high-speed rail development, and specialized services.
* Reduces administrative spending by over $7 million, including across-the-board reductions to departmental administration, reduction of the interdepartmental grant to the Department of State, and a shift of the intermodal policy office to federal funds.
Finally, I have vetoed the following seven boilerplate sections for the reasons noted below:
* Section 402 - My action includes a veto of language in section 402 relating to the 20 percent earmark of federal aid bridge funds to local off-system and local on-system categories. I vetoed a similar earmark in the Fiscal Year 2000 budget, and my position on this issue remains unchanged. The Federal Highway Administration requires only a 15 percent earmark of federal aid bridge funds to local projects. I agree and believe Michigan must expend its federal aid bridge funds where they will have the most impact for motorists - on the high-level state trunkline system.
* Section 509 - This language compromises the local federal aid project selection process. This currently occurs on a regional basis through the Metropolitan Planning Organizations as required by federal law under TEA-21. While I applaud local investment in these critical infrastructure projects, I cannot support the Section 509 special interest eligibility criteria. While there is evidence of strong local support for Section 509, that is offset by very vocal opposition from the County Road Association of Michigan, which is led by a commissioner from the affected county. I encourage Macomb County officials to work with the MPO/SEMCOG to obtain these dollars through the competitive process. The local selection process should reward counties like Macomb when they are providing a significant local match.
* Sections 508 and 613 - Public Act 51 does not provide authorization to take this earmark for the removal of deer carcasses off-the-top of the county allocation of the Michigan Transportation Fund. Furthermore, the Department of Transportation already provides for the removal of these carcasses on state trunklines. I do not believe that these specific earmarks, even if feasible or necessary, should be imposed for this purpose. In response to these concerns, however, I am instructing the department to develop a workable policy regarding the removal of large animal carcasses from roadways.
* Sections 614, 616, and 617 - The inclusion of these types of special interest projects for pedestrian overpasses, soundwalls, and freeway interchanges undermines the appropriations process, and the department's five-year plan. I believe such programming decisions should be left to the transportation experts.
While I am not vetoing the interdepartmental grant to State Police, I am directing the Departments of Transportation and State Police that absent a condition of appropriation they are under no mandate to spend the additional $3.4 million added to this line item to pay for the conversion of motor carrier enforcement officers to troopers. This conversion is subject to collective bargaining.
I commend the Legislature for supporting this important budget bill, and look forward to working with you as we continue to aggressively improve Michigan's transportation systems.
Sincerely,
John Engler
Governor
This bill was signed by the Governor, July 6, 2000, at 11:50 a.m.
The bill was filed with the Secretary of State July 7, 2000, at 11:50 a.m. and assigned Public Act No. 271, I.E.
The question being on the passage of the disapproved items, the objections of the Governor to the contrary notwithstanding,
Rep. Raczkowski moved that the bill be re-referred to the Committee on Appropriations.
The motion prevailed.
The following line item veto message from the Governor was received and read:
Executive Office, Lansing, July 14, 2000
Michigan House of Representatives
State Capitol Building
Lansing, Michigan 48933
Ladies and Gentlemen:
Today I have signed Enrolled House Bill 5274, containing Fiscal Year 2001 appropriations for the Department of Career Development and the Michigan Strategic Fund. However, I am returning it to you because of an item, of which I disapprove, pursuant to Article V, Section 19, of the Michigan Constitution. The specific item vetoed is contained within the attached copy of the bill that has been filed with the Secretary of State.
My action today provides substantial support for critical job training and economic development activities. This bill implements Executive Order 1999-12 which transfers adult education functions from the Department of Education to the Department of Career Development. Funding for adult education is increased in the School Aid Act from $80 million to $100 million. Local workforce development boards will distribute a portion of this funding on a competitive basis to adult education service providers. This increase supports efforts to provide individuals with the skills and credentials necessary to succeed in today's workplace.
This bill also:
* Appropriates nearly $170 million to continue Michigan's successful economic development activities.
* Provides $6 million from the Tobacco Settlement Fund for the Council of Michigan Foundations. The council will award grants to local community organizations to address youth and senior health needs.
* Appropriates $5.5 million to support the important work of Focus: HOPE. This ongoing support is in addition to the $10.5 million included in the recently enacted Fiscal Year 2000 supplemental.
* Provides $3.1 million, an increase of $750,000, for vocational rehabilitation independent living services, a program which assists disabled individuals to secure employment and live independently.
* Authorizes $132.2 million in program support for Michigan's Work First and Welfare-to-Work programs. The success of Michigan's welfare reform policies in securing employment for welfare recipients will allow the Department of Career Development to concentrate its efforts on clients with greater impediments in securing employment.
I have vetoed the Small Business Development Center Network $250,000 appropriation and associated boilerplate. Partnering with Small Business Development Centers on special projects is a more appropriate way for state government to leverage our limited resources for this vast small business community.
I commend the Legislature for its work on these budgets.
Sincerely,
John Engler
Governor
This bill was signed by the Governor, July 14, 2000, at 10:02 a.m.
The bill was filed with the Secretary of State July 14, 2000, at 11:48 a.m. and assigned Public Act No. 292, I.E.
The question being on the passage of the disapproved items, the objections of the Governor to the contrary notwithstanding,
Rep. Raczkowski moved that the bill be re-referred to the Committee on Appropriations.
The motion prevailed.
The following line item veto message from the Governor was received and read:
Executive Office, Lansing July 14, 2000
Michigan House of Representatives
State Capitol Building
Lansing, Michigan 48933
Ladies and Gentlemen:
Today I have signed Enrolled House Bill 5275, containing Fiscal Year 2001 appropriations for the Department of Consumer and Industry Services. However, I am returning it to you because of an item of which I disapprove, pursuant to Article V, Section 19, of the Michigan Constitution. The specific item vetoed is contained within the attached copy of the bill which has been filed with the Secretary of State.
My action today:
* Exemplifies Michigan's commitment to the arts by increasing funding to $26.5 million, a $4.1 million increase, for continued support of statewide arts and cultural grants awarded through the Michigan Council for Arts and Cultural Affairs.
* Provides an additional $3.7 million to the Unemployment Agency for the transition to remote initial claims which will allow workers to file for unemployment benefits by phone or the internet.
* Adds $1.4 million for day care licensing to assure quality day care for our children.
* Increases funding by $240,000 in the credit union and financial institutions programs to continue to protect the public.
* Adds $746,000 for fire protection grants to local communities.
* Enhances protection for Michigan employees by adding $224,000 to support occupational safety and health inspectors.
* Continues to assist families, senior citizens, and people with disabilities to obtain housing by adding $5 million for 1,200 additional section 8 housing certificates.
One appropriation included in this bill, however, deviates unacceptably from my recommendations. I have vetoed the Regional Communications Emergency Operations Mobile Command Post $50,000 appropriation because it is inconsistent with the mission of the Department of Consumer and Industry Services.
I appreciate the Legislature's cooperation in the development of this appropriation act.
Sincerely,
John Engler
Governor
This bill was signed by the Governor, July 14, 2000, at 10:30 a.m.
The bill was filed with the Secretary of State July 14, 2000, at 11:50 a.m. and assigned Public Act No. 293, I.E.
The question being on the passage of the disapproved items, the objections of the Governor to the contrary notwithstanding,
Rep. Raczkowski moved that the bill be re-referred to the Committee on Appropriations.
The motion prevailed.
The following line items veto message from the Governor was received and read:
Executive Office, Lansing, July 14, 2000
Michigan House of Representatives
State Capitol Building
Lansing, Michigan 48933
Ladies and Gentlemen:
Today I have signed Enrolled House Bill 5277, the Fiscal Year 2001 appropriation for the Family Independence Agency (FIA). However, I am returning it to you because of items of which I disapprove, pursuant to Article V, Section 19, of the Michigan Constitution. The specific items vetoed are contained within the attached copy of the bill, which has been filed with the Secretary of State.
Members of the Legislature deserve to be commended for their support of Michigan's ongoing welfare reform policies. The Family Independence Program (FIP) monthly average caseload was only 68,881 cases in June, nearly a 70 percent reduction from the March 1994 level, the month when the caseload began its current decline. Savings from these dramatic caseload declines have been primarily redirected to support the Day Care needs of Michigan's working families and other high priority FIA programs. Funding for the Day Care program will exceed funding for the FIP program by more than $200 million in Fiscal Year 2001.
I am pleased that the Legislature has joined me in providing rate increases to critical FIA programs. Included is my recommended 3.0% cost-of-living increase for FIP cases where care is being provided by parents unable to work because of age, disability, or other crisis. Also included is a 35% increase for relatives providing care for children who cannot live with a parent, an increase for the State Disability Assistance Program, a large increase for the per diem paid to homeless shelters, an increase for foster and adoptive parents, and $16.7 million for a rate increase to child day care providers serving children from 0 to 21Ž2. I also applaud your continuing support of Michigan's highly successful Project Zero. The final phase of Project Zero expansion will occur next year, and all counties will have sites.
I also commend your support of the numerous investments in FIA's data processing infrastructure. Included is funding to distribute FIP and food stamp benefits electronically, funding for a finger imaging system to prevent individuals from receiving FIP and food stamp benefits under more than one name, and additional funding for child support systems.
I am also pleased with your support of my recommended funding for intensive in-home family reunification services which will permit children to be returned to their homes earlier. When it is not in the child's best interest to return home, foster parent recruitment funding which I recommended and you approved will help insure that safe and loving foster homes are available.
My action today also vetoes:
* Section 411 would require the department to establish a "low-income fatherhood pilot program". In my view this language is overly prescriptive and the program would be difficult to sustain given the numerous other priorities in the FIA budget.
* Section 522 would require the department to provide funding to Boys and Girls Clubs of America. This action would earmark funds to a specific provider. Given the multitude of competitive state funding streams available for this type of organization (such as Section 657 which provides $16 million for before or after-school programs), I do not support this type of allocation.
* Section 639, would have required the department to implement a Teacher Education and Compensation Helps (TEACH) program to increase the education and compensation of day care providers. The department is already implementing the program with existing funding, so new authorization is not necessary.
* Section 641 would have increased the eligibility limit for the Day Care program from 185% to 200% of the poverty level. The Day Care program should focus on improving the quality of care for those being served, rather than increasing program eligibility. I am also concerned that, given the numerous and increasing amount of programs receiving TANF funding, this increase will not be sustainable in future years.
* I am also vetoing three Sections (Section 407, Section 629, and Section 649) which earmark funds for specific employment and training programs. All three of these sections provide small amounts of funding for services which more appropriately belong in the Department of Career Development budget. I therefore recommend that these organizations compete for the $132 million in funding available from that department, rather than seeking special allocations in the FIA budget.
I commend the members of the Michigan Legislature for your responsible actions on this bill.
Sincerely,
John Engler
Governor
This bill was signed by the Governor, July 14, 2000, at 10:20 a.m.
The bill was filed with the Secretary of State July 17, 2000, at 4:00 p.m. and assigned Public Act No. 294, I.E.
The question being on the passage of the disapproved items, the objections of the Governor to the contrary notwithstanding,
Rep. Raczkowski moved that the bill be re-referred to the Committee on Appropriations.
The question being on the motion made by Rep. Raczkowski,
Rep. Price demanded the yeas and nays.
The demand was supported.
The question being on the motion made by Rep. Raczkowski,
The motion prevailed, a majority of the members present voting therefor, by yeas and nays, as follows:
Roll Call No. 851 Yeas--56
Allen Garcia Kowall Richner
Birkholz Geiger Kuipers Rocca
Bisbee Gilbert Kukuk Sanborn
Bishop Green LaSata Scranton
Bradstreet Hager Law Shackleton
Brown, C. Hart Mead Shulman
Byl Howell Middaugh Stamas
Cassis Jansen Mortimer Tabor
Caul Jelinek Pappageorge Toy
DeRossett Jellema Patterson Van Woerkom
DeVuyst Johnson, Rick Perricone Vander Roest
DeWeese Johnson, Ruth Pumford Vear
Ehardt Julian Raczkowski Voorhees
Faunce Koetje Richardville Woronchak
Nays--50
Baird Frank Lockwood Schauer
Basham Gieleghem Mans Schermesser
Bogardus Gosselin Minore Scott
Bovin Hale Neumann Sheltrown
Brater Hanley O'Neil Spade
Brewer Hansen Pestka Stallworth
Brown, B. Hardman Price Switalski
Cherry Jacobs Prusi Tesanovich
Clark, I. Jamnick Quarles Thomas
Clarke, H. Kelly Reeves Vaughn
Daniels Kilpatrick Rison Wojno
DeHart LaForge Rivet Woodward
Dennis Lemmons
In The Chair: Birkholz
By unanimous consent the House returned to the order of
Second Reading of Bills
Senate Bill No. 892, entitled
A bill to amend 1941 PA 122, entitled "An act to establish a revenue division of the department of treasury; to prescribe its powers and duties as the revenue collection agency of the state; to prescribe certain powers and duties of the state treasurer; to regulate the importation, stamping, and disposition of certain tobacco products; to create the position and to define the powers and duties of the state commissioner of revenue; to provide for the transfer of powers and duties now vested in certain other state boards, commissions, departments and offices; to prescribe certain duties of and require certain reports from the department of treasury; to provide procedures for the payment, administration, audit, assessment, levy of interests or penalties on, and appeals of taxes and tax liability; to prescribe its powers and duties if an agreement to act as agent for a city to administer, collect, and enforce the city income tax act on behalf of a city is entered into with any city; to provide an appropriation; to abolish the state board of tax administration; to prescribe penalties and provide remedies; and to declare the effect of this act," by amending section 28 (MCL 205.28), as amended by 1998 PA 221.
The bill was read a second time.
Rep. Raczkowski 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. Kelly moved that Rep. LaForge be excused from the balance of today's session.
The motion prevailed.
By unanimous consent the House returned to the order of
Third Reading of Bills
Senate Bill No. 892, entitled
A bill to amend 1941 PA 122, entitled "An act to establish a revenue division of the department of treasury; to prescribe its powers and duties as the revenue collection agency of the state; to prescribe certain powers and duties of the state treasurer; to regulate the importation, stamping, and disposition of certain tobacco products; to create the position and to define the powers and duties of the state commissioner of revenue; to provide for the transfer of powers and duties now vested in certain other state boards, commissions, departments and offices; to prescribe certain duties of and require certain reports from the department of treasury; to provide procedures for the payment, administration, audit, assessment, levy of interests or penalties on, and appeals of taxes and tax liability; to prescribe its powers and duties if an agreement to act as agent for a city to administer, collect, and enforce the city income tax act on behalf of a city is entered into with any city; to provide an appropriation; to abolish the state board of tax administration; to prescribe penalties and provide remedies; and to declare the effect of this act," by amending section 28 (MCL 205.28), as amended by 1998 PA 221.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 852 Yeas--100
Allen Faunce Kowall Rocca
Baird Frank Kuipers Sanborn
Basham Garcia Kukuk Schauer
Birkholz Garza LaSata Schermesser
Bisbee Geiger Law Scott
Bishop Gieleghem Lockwood Scranton
Bogardus Gilbert Mans Shackleton
Bovin Gosselin Mead Sheltrown
Bradstreet Green Middaugh Shulman
Brater Hager Minore Spade
Brewer Hale Mortimer Stallworth
Brown, B. Hansen Neumann Stamas
Brown, C. Hardman O'Neil Switalski
Byl Hart Pappageorge Tabor
Cassis Howell Patterson Tesanovich
Caul Jacobs Perricone Thomas
Cherry Jamnick Pestka Toy
Clark, I. Jansen Price Van Woerkom
Clarke, H. Jelinek Prusi Vander Roest
Daniels Jellema Pumford Vaughn
DeHart Johnson, Rick Raczkowski Vear
DeRossett Johnson, Ruth Reeves Voorhees
DeVuyst Julian Richardville Wojno
DeWeese Kelly Richner Woodward
Ehardt Koetje Rivet Woronchak
Nays--0
In The Chair: Birkholz
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.
By unanimous consent the House returned to the order of
Motions and Resolutions
Reps. Wojno, Hansen, Kelly, Vaughn, DeHart, Rivet, Dennis, Prusi, Schermesser, LaForge, Quarles, Hale, Neumann, Schauer, Gieleghem, Hardman, Rison, Bishop, Jacobs, Vander Roest, Woodward, Scranton, Bovin, Reeves, Minore, Ehardt, Brater, Cherry, Spade, DeWeese, Faunce and Scott offered the following resolution:
House Resolution No. 396.
A resolution recognizing Wolfe Middle School upon being distinguished as a Michigan Blue Ribbon School.
Whereas, That it is with great pleasure we commend the students, teachers, staff, and parents of Wolfe Middle School upon its recognition as a Michigan Blue Ribbon School. To achieve this special honor, a school must demonstrate a strong commitment to educational excellence for all students. This recognition is a well-earned milestone symbolic of innovation, planning, and the personal commitment of the many dedicated individuals at Wolfe Middle School who share the belief that education is one of the greatest gifts we can give our children; and
Whereas, Wolfe Middle School is a relatively small school which has been placed with the enormous task of preparing students for the next millennium. The vision of Wolfe Middle School is that all programs must be dedicated to preparing students academically, emotionally, and socially, helping them move from childhood to adolescence. The community of Center Line and Warren, which Wolfe Middle School serves, is extraordinarily diverse. Teacher-mentors, a student assistance coordinator, one counselor per grade, many community volunteers, and special developmental classes provide substantial support for this diverse student population; and
Whereas, Surrounded by factories and businesses at the forefront of technology, Wolfe is acutely equipped to prepare students to be competitive in the highly technical workplace. Internet and computer access is provided to all students in the brand new Technology Education lab, which also boasts a robotics lab, an audio and video production studio, a computer animation station, and a host of other technological innovations; and
Whereas, The staff at Wolfe Middle School includes a well-rounded mix of veteran and newer teachers, some entering the teaching profession after working in another field. The teachers at Wolfe are committed professionals whose pride is evident throughout the bright, clean, and beautifully maintained building. Wolfe students, teachers, and administrators have received numerous awards. Principal of the Year, Teacher of the Year, Coach of the Year, several writing contest winners, speech contest winners, athletic award winners, and academic award winners in many disciplines clearly illustrate a community of high achievers;
Whereas, Principal Sue Gripton, Superintendent Terry Follbaum, and all the good parents of Wolfe Middle School realize that a key part of achieving great results is by expecting great results, and students have proved this theory by accepting nothing less than their best. Clearly, the fortunate students at Wolfe Middle School are well along the path to quality education; now, therefore, be it
Resolved by the House of Representatives, That this legislative body congratulate the students, teachers, staff, and parents of Wolfe Middle School as they receive honors as a National Blue Ribbon School. We look forward to the continuation of this excellent record; and be it further
Resolved, That a copy of this resolution be transmitted to Wolfe Middle School upon being distinguished as a Michigan Blue Ribbon School.
Pending the reference of the resolution to a committee,
Rep. Raczkowski moved that Rule 77 be suspended and the resolution be considered at this time.
The motion prevailed, 3/5 of the members present voting therefor.
The question being on the adoption of the resolution,
The resolution was adopted.
Reps. Schermesser, Hansen, Kelly, Wojno, Vaughn, DeHart, Rivet, Dennis, Prusi, LaForge, Hale, Neumann, Schauer, Gieleghem, Hardman, Rison, Jacobs, Woodward, Bovin, Ehardt, Brater, Cherry, Jamnick, DeWeese and Scott offered the following resolution:
House Resolution No. 397.
A resolution honoring Mr. Boaz Siegel.
Whereas, It is an honor and privilege, along with the utmost respect and admiration, that we honor Mr. Boaz Siegel. He has given forty-eight years of dedicated service to the members of Pipefitters, Refrigeration and Air Conditioning Service Local Union 636, as well as his dedication for the legal rights and quality of life of others. Mr. Boaz Siegel's affiliation with the Pipefitters Local Union 636 has been the culmination of a life devoted to helping others; and
Whereas, Earning his formal education at Wayne State University, Mr. Siegel began teaching in the field of workers education in 1933. There he was involved in the development of industrial and trade unionism in Detroit. In 1936, and for the following nine years, Mr. Siegel was employed by the Detroit Board of Education, teaching mentally retarded and delinquent boys. He also served as the school district's attendance officer. In 1941, and for the next 31 years,
Mr. Siegel joined the Wayne State University Law School as a faculty member, where he became a Professor of Law in 1952, specializing in Labor Law, Administrative Law, and Basic Contract Law; and
Whereas, Since approximately 1945, Mr. Siegel sat on the Labor Disputes Arbitrator panel of the American Arbitration Association. A published author in 1961 was next for Mr. Siegel to add to what would become a long list of accomplishments by writing "Proving Your Arbitration Case," while serving as a member of the National Academy of Arbitrators, Bureau of National Affairs, Inc. In 1952, Mr. Siegel began service as Legal Counsel to the trustees of many multi-employer, jointly administered health and welfare, pension, vacation, and supplemental unemployment benefit trust funds in Detroit and throughout Michigan, one of which was the largest in the nation. Mr. Siegel has been effective and active since the inception of these funds, acting as an advisor in the fields of administrative, insurance, taxes, investments, litigation, and policies, as well as problems of the aging citizens; and
Whereas, Representing Pipefitters Local 636 since the early 1950's, Mr. Siegel was retained to write Local 636's first pension fund plan. Mr. Siegel already worked on the first pension plan with Walter Reuther and the U.A.W., as well as the Teamster's pension plan when they were first introduced. In the years following, Mr. Siegel wrote the Pipefitters' Insurance Trust Fund Plan, as well as their Sub-Fund, Widow-Retiree, Vacation and Holiday, Defined Contribution Pension, and Training Trust Fund Plans. For the past forty-eight years, he has been their Legal Counsel, as well as their "teacher" representing their trust funds; and
Whereas, In 1959, Mr. Siegel was appointed by Governor G. Mennen Williams to serve on a labor task force which was proposed to redraft Michigan's labor legislation. In 1961, Mr. Siegel was appointed by Governor John B. Swainson to the Constitutional Convention Citizens Advisory Committee on the Judicial Department to study and propose new constitutional provisions pertaining with judiciary. In 1962, he was appointed by Detroit Councilman Mel Ravitz to the Wayne County Board of Supervisors, where he was reappointed through 1966, serving on its Human Relations Committee and Legislative, Library, Port, and Ways and Means Committees. Also in 1962, he was appointed by United States Secretary of Labor Arthur J. Goldberg as a member of the National Advisory Council of Employee Welfare and Pension Benefit Plans. In 1964, he was reappointed to this Council by Secretary Willard W. Wirtz. In 1963, Governor George Romney appointed Mr. Siegel to his special commission dealing with labor disputes at Children's Hospital in Detroit. In 1964, Governor Romney also appointed Boaz as one of five voting members to his special commission to study and recommend changes in Michigan's workers' compensation law. The report of this commission began the substance of the amendments to the workers' compensation law which was enacted in 1965; and
Whereas, In 1967, Governor Romney then appointed Mr. Siegel as Chairman of the Highway Location Arbitration Board to arbitrate and decide the route of Interstate Highway 696 across south Oakland County to resolve the disputes of six south Oakland County cities. In 1974, Mr. Siegel was appropriately awarded the Wayne State University Alumni Award; and
Whereas, Throughout his laudable career, Mr. Boaz Siegel's ties with the Jewish community remain constant. His lifelong service to the Labor Zionist Alliance and the Jewish Parents Institute are unprecedented, as well as his membership with the Sholem Aleichem Institute, the Workmen's Circle, the American Jewish Congress, the American Jewish Committee, and the Board of Directors of the Detroit Jewish Community Center. Also, Mr. Boaz Siegel founded and endowed the Boaz Siegel Fund for Senior Adults at the Detroit Jewish Community Center; and
Whereas, Much more can be added about this individual who has made his life's passion to protect the well-being of others. For the continuous guidance, trust, and painstaking concern, we offer our sincerest thanks and admiration for a job most certainly well done; now, therefore be it
Resolved by the House of Representatives, That this legislative body honor Mr. Boaz Siegel for all of his accomplishments in his life; and be it further
Resolved, That a copy of this resolution be transmitted to Mr. Boaz Siegel.
Pending the reference of the resolution to a committee,
Rep. Raczkowski moved that Rule 77 be suspended and the resolution be considered at this time.
The motion prevailed, 3/5 of the members present voting therefor.
The question being on the adoption of the resolution,
The resolution was adopted.
Reps. Wojno, Hansen, Kelly, Vaughn, DeHart, Rivet, Dennis, Prusi, Schermesser, LaForge, Quarles, Hale, Neumann, Schauer, Gieleghem, Hardman, Rison, Jacobs, Woodward, Ehardt, Cherry, Spade, Faunce and Scott offered the following resolution:
House Resolution No. 398.
A resolution to urge Michigan hospitals to strengthen policies to prohibit the laundering of personal protective clothing at home.
Whereas, One of the most significant advances in everyday medical practices is the increasing use of personal protective equipment as a means of preventing the spread of disease by contact with blood and other infectious matter. Gloves, gowns, lab coats, eye protection, and other equipment and clothing provide barriers to the spread of infection to health care workers and other patients; and
Whereas, In acknowledgment of the important role this equipment and clothing play in public health, Michigan has taken steps to ensure that the barriers of protective clothing and equipment are as effective as possible. The Department of Consumer and Industry Services has promulgated rules pursuant to 1974 PA 154, the Michigan Occupational Safety and Health Act, that require health providers to provide for the cleaning, laundering, or disposing of protective clothing and equipment. This requirement recognizes the fact that home laundering cannot guarantee proper standards of cleanliness; and
Whereas, In spite of state regulation and clear direction from the state's occupational health officials, at least one hospital has required hospital employees to wash their own surgical scrubs at home. Practices such as this jeopardize public health. The health community must increase efforts to eradicate this practice; now, therefore, be it
Resolved by the House of Representatives, That we urge Michigan hospitals to strengthen policies to prohibit the laundering of personal protective clothing at home; and be it further
Resolved, That copies of this resolution be transmitted to Michigan's hospitals.
The resolution was referred to the Committee on Employment Relations, Training and Safety.
Reps. Dennis, Hansen, Kelly, Wojno, Vaughn, DeHart, Rivet, Prusi, Schermesser, LaForge, Hale, Neumann, Schauer, Gieleghem, Hardman, Rison, Jacobs, Woodward, Bovin, Minore, Ehardt, Brater, Cherry, Spade, Lemmons, Jamnick, DeWeese and Scott offered the following resolution:
House Resolution No. 400.
A resolution as a memorial for Mr. William C. Marshall.
Whereas, The members of this legislative body, on behalf of all Michigan citizens, would like to express their deepest sympathies to the family and friends of Mr. William C. Marshall. His recent death has left all who knew him deeply saddened and stirred with memories of the many contributions he made to Michigan as a longtime resident, labor advocate, and champion of civic and social causes. Gone from our midst is a public servant dedicated to working for the common man; and
Whereas, His labor roots began in 1942 in Shreveport, LA, where William C. Marshall served as an executive board member and special organizer for the Amalgamated Transit Union (ATU). He moved to Michigan in 1948 to drive for Greyhound and served as President of ATU's Local 1303 for 10 years as well as Secretary-Treasurer and President of the National Council of Greyhound ATU Locals. A driving force behind the AFL and CIO merger, Mr. Marshall was elected to the State AFL-CIO's Executive Board in 1958. In 1971, he became its President until 1983, at which time he was recognized as "President Emeritus, Michigan State AFL-CIO"; and
Whereas, A tireless advocate, Mr. Marshall also served on United Way of Michigan, Michigan League for Human Services, Michigan Economic Action Council, Michigan Crime Prevention Coalition, Governor's Land-Use Study Commission, and Michigan Manpower Planning Commission. In addition, Mr. Marshall had served as General Chairman of Michigan Week, the only labor representative to do so, Michigan Chairman for the U.S.O., on the National U.S.O. Board of Governors, Past Chairman of the United Negro College Fund for Michigan's Labor Division, Delegate to the White House Conference on Safety and Problems of the Aged, and Chairman of the Board of Southeastern Michigan Transportation Authority (SEMTA); and
Whereas, Mr. Marshall served on the Labor Advisory Committee of MSU's School of Labor and Industrial Relations, as well as the Labor Advisory Committee to labor programs at the U of M, WSU, and NMU. He was awarded an honorary Doctorate of Political Science from NMU and made an honorary alumnus of MSU; and
Whereas, As precinct delegate, Mr. Marshall attended state and national Democratic Party conventions since the early 1950s. Elected for several terms to the Democratic National Committee, he won the respect of Democrats and Republicans alike for his leadership, heart of gold, and integrity. During the 1970s and 1980s, Mr. Marshall was appointed by both former Governors William Milliken and James Blanchard to various councils, including the State Transportation Commission, the Michigan Employment and Training Services Council, the Governor's Conference on Traffic and Safety, and the Citizens Advisory Task Force on State Labor Relations; and
Whereas, Mr. Marshall has been on several overseas assignments for the AFL-CIO International Affairs Department and the US Department Agency for International Development. A delegate to the 1961 Michigan Constitutional Convention, representing the 21st Senatorial District, Mr. Marshall was a leader in the fight for equal voter representation and a provision to put state taxation on a fair and equitable basis; now, therefore, be it
Resolved by the House of Representatives, That we hereby offer a unanimous accolade of tribute as a memorial for Mr. William C. Marshall; and be it further
Resolved, That a copy of this resolution be transmitted to his wife, Mrs. Earlene Marshall, as an enduring testimony to the high esteem in which his life and memory are held by the people of Michigan.
The question being on the adoption of the resolution,
The resolution was adopted.
Reps. Schermesser, DeHart, Hale, Baird, Rivet, Brater, Bovin, DeRossett, Scott, Dennis, Prusi, Wojno, Kelly, Hansen, Vaughn, LaForge, Neumann, Schauer, Gieleghem, Hardman, Rison, Jacobs, Woodward, Reeves, Ehardt, Cherry, Spade, Lemmons and Jamnick offered the following concurrent resolution:
House Concurrent Resolution No. 111.
A concurrent resolution to urge the Department of Community Health to promote programs to identify and address inequities in the prevention, treatment, and research of diseases threatening the health of women.
Whereas, There is substantial research indicating that women do not receive the same level of health care as men. Women are less often referred for diagnostic tests, are less represented in health studies, and are less often treated for diseases compared to men with the same condition. There is considerable evidence that women receive less aggressive treatment for certain illnesses, including cardiovascular problems, than men with similar symptoms; and
Whereas, Physiological differences between men and women contribute to significant distinctions in how certain diseases are diagnosed and treated and the levels of attention from the medical research community. Women smokers are far more likely to develop lung cancer, far more vulnerable to HIV in contacts with men, and far more likely to live in a long-term facility. Women also face difficulties with insurance beyond those faced by men; and
Whereas, In spite of efforts by women's groups to achieve parity in treatment and research, there are many aspects of health care that need to be examined before true equity is realized; and
Whereas, Government agencies and policies play an important role in promoting public health. Public funding for programs, initiatives to increase public awareness of health problems, and encouragement of research can make an enormous difference in how a specific problem is addressed; now, therefore, be it
Resolved by the House of Representatives (the Senate concurring), That we urge the Department of Community Health to promote programs to identify and address inequities in the prevention, treatment, and research of diseases threatening the health of women; and be it further
Resolved, That copies of this resolution be transmitted to the Department of Community Health.
The concurrent resolution was referred to the Committee on Health Policy.
Reps. Wojno, Hansen, Kelly, Vaughn, DeHart, Rivet, Dennis, Prusi, Schermesser, LaForge, Quarles, Hale, Neumann, Schauer, Gieleghem, Hardman, Rison, Jacobs, Woodward, Ehardt, Cherry, Spade, Faunce and Scott offered the following concurrent resolution:
House Concurrent Resolution No. 112.
A concurrent resolution to urge Michigan hospitals to strengthen policies to prohibit the laundering of personal protective clothing at home.
Whereas, One of the most significant advances in everyday medical practices is the increasing use of personal protective equipment as a means of preventing the spread of disease by contact with blood and other infectious matter. Gloves, gowns, lab coats, eye protection, and other equipment and clothing provide barriers to the spread of infection to health care workers and other patients; and
Whereas, In acknowledgment of the important role this equipment and clothing play in public health, Michigan has taken steps to ensure that the barriers of protective clothing and equipment are as effective as possible. The Department of Consumer and Industry Services has promulgated rules pursuant to 1974 PA 154, the Michigan Occupational Safety and Health Act, that require health providers to provide for the cleaning, laundering, or disposing of protective clothing and equipment. This requirement recognizes the fact that home laundering cannot guarantee proper standards of cleanliness; and
Whereas, In spite of state regulation and clear direction from the state's occupational health officials, at least one hospital has required hospital employees to wash their own surgical scrubs at home. Practices such as this jeopardize public health. The health community must increase efforts to eradicate this practice; now, therefore, be it
Resolved by the House of Representatives (the Senate concurring), That we urge Michigan hospitals to strengthen policies to prohibit the laundering of personal protective clothing at home; and be it further
Resolved, That copies of this resolution be transmitted to Michigan's hospitals.
The concurrent resolution was referred to the Committee on Employment Relations, Training and Safety.
Reps. Raczkowski and Kilpatrick offered the following concurrent resolution:
House Concurrent Resolution No. 113.
A concurrent resolution providing for a joint convention of the House of Representatives and the Senate.
Resolved by the House of Representatives (the Senate concurring), That the House of Representatives and Senate meet in joint convention in the Hall of the House of Representatives, Thursday, September 28, 2000, at 12:30 p.m., to receive the State of the Judiciary message from the Honorable Elizabeth A. Weaver, Chief Justice of the Michigan State Supreme Court.
Pending the reference of the concurrent resolution to a committee,
Rep. Raczkowski moved that Rule 77 be suspended and the concurrent 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 concurrent resolution,
The concurrent resolution was adopted.
Reports of Standing Committees
The Committee on Local Government and Urban Policy, by Rep. Hager, Vice-Chair, reported
House Bill No. 5843, entitled
A bill to amend 1965 PA 261, entitled "An act to authorize the creation and to prescribe the powers and duties of county and regional parks and recreation commissions; and to prescribe the powers and duties of county boards of supervisors with respect thereto," by amending the title and section 1 (MCL 46.351), section 1 as amended by 1990 PA 84.
The committee recommended that the bill be referred to the Committee on Conservation and Outdoor Recreation.
Favorable Roll Call
HB 5843 To Report Out:
Yeas: Reps. Birkholz, Hager, DeWeese, Julian, Tabor, Vander Roest,
Nays: Reps. Lockwood, Jamnick.
The recommendation was concurred in and the bill was referred to the Committee on Conservation and Outdoor Recreation.
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Hager, Vice-Chair of the Committee on Local Government and Urban Policy, was received and read:
Meeting held on: Thursday, September 21, 2000, at 9:00 a.m.,
Present: Reps. Birkholz, Hager, DeWeese, Julian, Tabor, Vander Roest, Lockwood, Jamnick, Minore,
Absent: Reps. Bishop, Reeves,
Excused: Reps. Bishop, Reeves.
The Committee on Tax Policy, by Rep. Cassis, Chair, reported
Senate Bill No. 453, entitled
A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 44 (MCL 211.44), as amended by 1996 PA 57.
With the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
SB 453 To Report Out:
Yeas: Reps. Cassis, Woronchak, Faunce, Gilbert, Gosselin, Koetje, Patterson, Vander Roest, Vear, Quarles, Basham, Garza, Jamnick, Minore, O'Neil, Switalski,
Nays: None.
The Committee on Tax Policy, by Rep. Cassis, Chair, reported
Senate Bill No. 801, entitled
A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 7o (MCL 211.7o), as amended by 1998 PA 536.
With the recommendation that the substitute (H-2) be adopted and that the bill then pass.
The bill and substitute were referred to the order of Second Reading of Bills.
Favorable Roll Call
SB 801 To Report Out:
Yeas: Reps. Cassis, Woronchak, Faunce, Gilbert, Gosselin, Koetje, Patterson, Vander Roest, Vear, Quarles, Basham, Garza, Jamnick, Minore, O'Neil, Switalski,
Nays: None.
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Cassis, Chair of the Committee on Tax Policy, was received and read:
Meeting held on: Tuesday, September 26, 2000, at 9:00 a.m.,
Present: Reps. Cassis, Woronchak, Faunce, Gilbert, Gosselin, Koetje, Patterson, Vander Roest, Vear, Quarles, Basham, Garza, Jamnick, Minore, O'Neil, Switalski,
Absent: Rep. Allen,
Excused: Rep. Allen.
The Committee on Economic Development, by Rep. Garcia, Chair, reported
House Bill No. 5727, entitled
A bill to amend 1921 PA 207, entitled "City and village zoning act," by amending section 12 (MCL 125.592).
With the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
HB 5727 To Report Out:
Yeas: Reps. Garcia, Kowall, Richardville, Van Woerkom, Bob Brown, Lockwood, Vaughn,
Nays: Rep. Bisbee.
The Committee on Economic Development, by Rep. Garcia, Chair, reported
House Bill No. 5728, entitled
A bill to amend 1943 PA 183, entitled "County zoning act," by amending section 27a (MCL 125.227a).
With the recommendation that the following amendment be adopted and that the bill then pass.
1. Amend page 1, line 8, after "OF" by striking out the balance of the subsection and inserting "A TOWNSHIP'S DWELLING UNITS THAT ARE LOCATED WITHIN THE COUNTY TO BE LOCATED WITHIN MOBILE HOME PARKS.".
The bill and amendment were referred to the order of Second Reading of Bills.
Favorable Roll Call
HB 5728 To Report Out:
Yeas: Reps. Garcia, Kowall, Richardville, Van Woerkom, Bob Brown, Lockwood, Vaughn,
Nays: Rep. Bisbee.
The Committee on Economic Development, by Rep. Garcia, Chair, reported
House Bill No. 5729, entitled
A bill to amend 1943 PA 184, entitled "Township zoning act," by amending section 27a (MCL 125.297a).
With the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
HB 5729 To Report Out:
Yeas: Reps. Garcia, Kowall, Richardville, Van Woerkom, Bob Brown, Lockwood, Vaughn,
Nays: Rep. Bisbee.
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Garcia, Chair of the Committee on Economic Development, was received and read:
Meeting held on: Tuesday, September 26, 2000, at 9:00 a.m.,
Present: Reps. Garcia, Kowall, Bisbee, Richardville, Van Woerkom, Bob Brown, Lockwood, Vaughn,
Absent: Rep. Mans,
Excused: Rep. Mans.
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Rick Johnson, Chair of the Committee on Transportation, was received and read:
Meeting held on: Tuesday, June 27, 2000, at 2:00 p.m.,
Present: Reps. Rick Johnson, Gilbert, Garcia, Ruth Johnson, Middaugh, Patterson, Tabor, Kilpatrick, Bovin, Brewer, Jamnick, Lemmons, Reeves, Schermesser,
Absent: Reps. DeVuyst, Hart, Shackleton,
Excused: Reps. DeVuyst, Hart, Shackleton.
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Garcia, Chair of the Committee on Economic Development, was received and read:
Meeting held on: Thursday, September 21, 2000, at 9:00 a.m.,
Present: Reps. Garcia, Kowall, Bisbee, Richardville, Van Woerkom, Bob Brown, Lockwood,
Absent: Reps. Mans, Vaughn,
Excused: Reps. Mans, Vaughn.
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Bishop, Chair of the Committee on Constitutional Law and Ethics, was received and read:
Meeting held on: Tuesday, September 26, 2000, at 10:30 a.m.,
Present: Reps. Bishop, Patterson, Bradstreet, Green, Rocca, Vaughn, Brater, Lemmons,
Absent: Rep. Garza,
Excused: Rep. Garza.
Messages from the Senate
Senate Bill No. 1064, entitled
A bill to amend 1998 PA 58, entitled "Michigan liquor control code of 1998," by amending section 409 (MCL 436.1409) and by adding section 411.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Economic Development.
Senate Bill No. 1339, entitled
A bill to amend 1988 PA 466, entitled "Animal industry act of 1987," by amending sections 1, 3, 4, 5, 6, 8, 9, 12, 14, 15, 16, 19, 20, 23, 26, 28, 29, 29a, 30, 30a, 30b, 30c, 31, 33, 35, 39, 40, 41, 42, 44, and 45 (MCL 287.701, 287.703, 287.704, 287.705, 287.706, 287.708, 287.709, 287.712, 287.714, 287.715, 287.716, 287.719, 287.720, 287.723, 287.726, 287.728, 287.729, 287.729a, 287.730, 287.730a, 287.730b, 287.730c, 287.731, 287.733, 287.735, 287.739, 287.740, 287.741, 287.742, 287.744, and 287.745), sections 3, 8, 9, 14, 30a, and 30b as amended and section 30c added by 1998 PA 552, sections 4, 5, 6, 12, 16, 19, 20, 23, 28, 29, 30, 33, 39, 40, 41, 42, and 44 as amended and section 29a as added by 1996 PA 369, section 15 as amended by 1990 PA 40, and sections 26, 31, and 35 as amended by 1994 PA 41, and by adding sections 11a, 11b, 13a, 26a, and 30d; 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. 1340, entitled
A bill to create incentives to locate and maintain value-added agricultural processing and production ventures within this state; to create certain funds and advisory boards; to authorize expenditures and grants from the funds; to finance the development of certain programs; to provide for appropriations; and to prescribe the powers and duties of certain state officials.
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. 1341, entitled
A bill to amend 1998 PA 58, entitled "Michigan liquor control code of 1998," by amending section 513 (MCL 436.1513), as amended by 1998 PA 416.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Regulatory Reform.
Senate Concurrent Resolution No. 39.
A concurrent resolution to memorialize the Congress of the United States to reauthorize the Ryan White Comprehensive AIDS Resources Emergency Act.
Whereas, There are approximately 13,000 people in Michigan infected with HIV. This estimate, which includes projections for undiagnosed cases, reflects patterns mirrored across our country. For certain population groups and localities, the rate of infection is alarmingly high, especially for a condition that was virtually unknown a generation ago; and
Whereas, The Centers for Disease Control reports that approximately 700,000 people are known to be living with AIDS in the United States, with new HIV infections holding steady at roughly 40,000 a year for the last decade. While great strides have been made in treatment, especially in reducing deaths each year, this infection remains a major threat to public health; and
Whereas, The Ryan White Comprehensive AIDS Resources Emergency Act is slated to expire on September 30, 2000. This federal program, which marks its 10-year anniversary this year, provides money for health clinics treating low-income AIDS patients and for training for those caring for HIV-infected individuals. This program has been particularly effective in reaching out to the poor and minorities, groups that are at far greater risk than many others. With the successes that are being realized in HIV treatment, reauthorization of the Ryan White program is of the utmost importance; now, therefore, be it
Resolved by the Senate (the House of Representatives concurring), That we memorialize the Congress of the United States to reauthorize the Ryan White Comprehensive AIDS Resources Emergency Act; and be it further
Resolved, That copies of this resolution be transmitted to the President of the United States Senate, the Speaker of the United States House of Representatives, and the members of the Michigan congressional delegation.
The Senate has adopted the concurrent resolution.
The concurrent resolution was referred to the Committee on House Oversight and Operations.
Reps. Hansen, Kelly, Wojno, Vaughn, DeHart, Dennis, Prusi, Schermesser, LaForge, Hale, Neumann, Schauer, Gieleghem, Hardman, Rison, Jacobs, Vander Roest, Woodward, Scranton, Minore, Ehardt, Tabor, Brater, Cherry, Lemmons and Jamnick were named co-sponsors of the concurrent resolution.
Messages from the Governor
The following messages from the Governor, approving and signing the following bills at the times designated below, were received and read:
Date: June 22, 2000
Time: 11:22 a.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 5581 (Public Act No. 196, I.E.), being
An act to repeal 1899 PA 221, entitled "An act to compel parties engaged in securing ice to erect suitable danger signals and barricades, designating what officials it shall be the duty of to see that the provisions of this act are complied with, and to repeal Act No. 100 of the Public Acts of 1877, entitled "An act to compel parties engaged in securing ice to erect danger signals," being sections 9119 and 9120 of Howell's annotated statutes of the state of Michigan and sections 11525 and 11526 of the Compiled Laws of 1897," (MCL 752.351 to 752.353).
(Filed with the Secretary of State June 22, 2000, at 4:00 p.m.)
Date: June 22, 2000
Time: 11:24 a.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 5588 (Public Act No. 197, I.E.), being
An act to amend 1935 PA 59, entitled "An act to provide for the public safety; to create the Michigan state police, and provide for the organization thereof; to transfer thereto the offices, duties and powers of the state fire marshal, the state oil inspector, the department of the Michigan state police as heretofore organized, and the department of public safety; to create the office of commissioner of the Michigan state police; to provide for an acting commissioner and for the appointment of the officers and members of said department; to prescribe their powers, duties, and immunities; to provide the manner of fixing their compensation; to provide for their removal from office; and to repeal Act No.26 of the Public Acts of 1919, being sections 556 to 562, inclusive, of the Compiled Laws of 1929, and Act No.123 of the Public Acts of 1921, as amended, being sections 545 to 555, inclusive, of the Compiled Laws of 1929," by repealing section 6b (MCL 28.6b).
(Filed with the Secretary of State June 22, 2000, at 4:02 p.m.)
Date: June 22, 2000
Time: 11:26 a.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 5590 (Public Act No. 198, I.E.), being
An act to amend 1846 RS 12, entitled "Of certain state officers," by repealing section 3 (MCL 10.3).
(Filed with the Secretary of State June 22, 2000, at 4:04 p.m.)
Date: June 22, 2000
Time: 11:28 a.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 5594 (Public Act No. 199, I.E.), being
An act to repeal 1917 PA 54, entitled "An act to provide for the branding and labeling of mattresses and comforts, and to provide against the use of insanitary, unhealthy, old or second-hand material in the manufacture of mattresses and comforts, and to provide against the sale of mattresses or comforts containing such insanitary, unhealthy, old or second-hand materials," (MCL 429.301 to 429.311).
(Filed with the Secretary of State June 22, 2000, at 4:06 p.m.)
Date: June 26, 2000
Time: 7:20 p.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 5058 (Public Act No. 201), being
An act to amend 1976 PA 388, entitled "An act to regulate political activity; to regulate campaign financing; to restrict campaign contributions and expenditures; to require campaign statements and reports; to regulate anonymous contributions; to regulate campaign advertising and literature; to provide for segregated funds for political purposes; to provide for the use of public funds for political purposes; to create certain funds; to provide for reversion, retention, or refunding of unexpended balances in certain funds; to require other statements and reports; to regulate acceptance of certain gifts, payments, and reimbursements; to prescribe the powers and duties of certain state departments and state and local officials and employees; to provide appropriations; to prescribe penalties and provide remedies; and to repeal certain acts and parts of acts," by amending section 15 (MCL 169.215), as amended by 1999 PA 238.
(Filed with the Secretary of State June 27, 2000, at 2:07 p.m.)
Date: June 26, 2000
Time: 7:25 p.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 5670 (Public Act No. 202, I.E.), being
An act to amend 1994 PA 451, entitled "An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, and assessments; to provide certain appropriations; to prescribe penalties and provide remedies; to repeal certain parts of this act on a specific date; and to repeal certain acts and parts of acts," by amending section 48726 (MCL 324.48726), as added by 1995 PA 57.
(Filed with the Secretary of State June 27, 2000, at 2:09 p.m.)
Date: June 26, 2000
Time: 7:35 p.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 5568 (Public Act No. 205, I.E.), being
An act to amend 1931 PA 328, entitled "An act to revise, consolidate, codify and add to the statutes relating to crimes; to define crimes and prescribe the penalties therefor; to provide for restitution under certain circumstances; to provide for the competency of evidence at the trial of persons accused of crime; to provide immunity from prosecution for certain witnesses appearing at such trials; and to repeal certain acts and parts of acts inconsistent with or contravening any of the provisions of this act," (MCL 750.1 to 750.568) by adding section 136c.
(Filed with the Secretary of State June 27, 2000, at 2:15 p.m.)
Date: June 26, 2000
Time: 7:40 p.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 5570 (Public Act No. 206), being
An act to amend 1984 PA 44, entitled "An act to provide purity and quality standards for motor fuels; to regulate the transfer, sale, dispensing, or offering motor fuels for sale; to provide for an inspection and testing program; to provide for the powers and duties of certain state agencies; to provide for the licensing of certain persons engaged in the transfer, sale, dispensing, or offering of motor fuels for sale; to regulate stage I and stage II vapor-recovery systems at certain facilities; to provide for fees; and to provide remedies and prescribe penalties," by amending section 3 (MCL 290.643), as amended by 1993 PA 231.
(Filed with the Secretary of State June 27, 2000, at 2:17 p.m.)
Date: June 26, 2000
Time: 7:42 p.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 5139 (Public Act No. 207, I.E.), being
An act to amend 1954 PA 116, entitled "An act to reorganize, consolidate, and add to the election laws; to provide for election officials and prescribe their powers and duties; to prescribe the powers and duties of certain state departments, state agencies, and state and local officials and employees; to provide for the nomination and election of candidates for public office; to provide for the resignation, removal, and recall of certain public officers; to provide for the filling of vacancies in public office; to provide for and regulate primaries and elections; to provide for the purity of elections; to guard against the abuse of the elective franchise; to define violations of this act; to provide appropriations; to prescribe penalties and provide remedies; and to repeal certain acts and all other acts inconsistent with this act," by amending sections 14a, 24j, 666a, 669, 805, and 871 (MCL 168.14a, 168.24j, 168.666a, 168.669, 168.805, and 168.871), sections 14a and 805 as amended by 1995 PA 261 and section 871 as amended by 1996 PA 583; and to repeal acts and parts of acts.
(Filed with the Secretary of State June 27, 2000, at 2:19 p.m.)
Date: June 26, 2000
Time: 7:48 p.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 5029 (Public Act No. 209, I.E.), being
An act to amend 1978 PA 368, entitled "An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates," by amending section 5119 (MCL 333.5119), as amended by 1994 PA 75.
(Filed with the Secretary of State June 27, 2000, at 2:23 p.m.)
Date: June 26, 2000
Time: 7:55 p.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 5322 (Public Act No. 210, I.E.), being
An act to amend 1893 PA 206, entitled "An act to provide for the assessment of rights and interests, including leasehold interests, in property and the levy and collection of taxes on property, and for the collection of taxes levied; making those taxes a lien on the property taxed, establishing and continuing the lien, providing for the sale or forfeiture and conveyance of property delinquent for taxes, and for the inspection and disposition of lands bid off to the state and not redeemed or purchased; to provide for the establishment of a delinquent tax revolving fund and the borrowing of money by counties and the issuance of notes; to define and limit the jurisdiction of the courts in proceedings in connection with property delinquent for taxes; to limit the time within which actions may be brought; to prescribe certain limitations with respect to rates of taxation; to prescribe certain powers and duties of certain officers, departments, agencies, and political subdivisions of this state; to provide for certain reimbursements of certain expenses incurred by units of local government; to provide penalties for the violation of this act; and to repeal acts and parts of acts," by amending section 30 (MCL 211.30), as amended by 1994 PA 415.
(Filed with the Secretary of State June 27, 2000, at 2:25 p.m.)
Date: June 26, 2000
Time: 8:00 p.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 4784 (Public Act No. 211, I.E.), being
An act to amend 1953 PA 232, entitled "An act to revise, consolidate, and codify the laws relating to probationers and probation officers, to pardons, reprieves, commutations, and paroles, to the administration of correctional institutions, correctional farms, and probation recovery camps, to prisoner labor and correctional industries, and to the supervision and inspection of local jails and houses of correction; to provide for the siting of correctional facilities; to create a state department of corrections, and to prescribe its powers and duties; to provide for the transfer to and vesting in said department of powers and duties vested by law in certain other state boards, commissions, and officers, and to abolish certain boards, commissions, and offices the powers and duties of which are transferred by this act; to allow for the operation of certain facilities by private entities; to prescribe the powers and duties of certain other state departments and agencies; to provide for the creation of a local lockup advisory board; to prescribe penalties for the violation of the provisions of this act; to make certain appropriations; to repeal certain parts of this act on specific dates; and to repeal all acts and parts of acts inconsistent with the provisions of this act," by amending sections 20g and 62b (MCL 791.220g and 791.262b), section 20g as amended by 1998 PA 512 and section 62b as amended by 1988 PA 492.
(Filed with the Secretary of State June 27, 2000, at 2:27 p.m.)
Date: June 26, 2000
Time: 9:34 a.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 4846 (Public Act No. 213, I.E.), being
An act to amend 1963 PA 181, entitled ''An act to promote safety upon the public highways by regulating the operation of certain vehicles; to provide consistent regulation of these areas by state agencies and local units of government; to establish the qualifications of persons necessary for the safe operation of such vehicles; to limit the hours of service of persons engaged in operating such vehicles; to require the keeping of records of such operations; to provide penalties for the violation of this act; to prescribe the powers and duties of certain state agencies; and to repeal certain acts and parts of acts,'' (MCL 480.11 to 480.22) by adding section 3a.
(Filed with the Secretary of State June 27, 2000, at 2:31 p.m.)
Date: June 26, 2000
Time: 9:36 p.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 4865 (Public Act No. 214, I.E.), being
An act to amend 1949 PA 300, entitled "An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of owners and operators of vehicles and service of process on residents and nonresidents; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date," by amending section 705 (MCL 257.705), as amended by 2000 PA 82.
(Filed with the Secretary of State June 27, 2000, at 2:33 p.m.)
Date: June 26, 2000
Time: 9:40 p.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 5520 (Public Act No. 215, I.E.), being
An act to amend 1994 PA 451, entitled "An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, and assessments; to provide certain appropriations; to prescribe penalties and provide remedies; to repeal certain parts of this act on a specific date; and to repeal certain acts and parts of acts," by amending section 80113 (MCL 324.80113), as added by 1995 PA 58.
(Filed with the Secretary of State June 27, 2000, at 2:35 p.m.)
Date: June 26, 2000
Time: 9:42 p.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 5521 (Public Act No. 216, I.E.), being
An act to amend 1969 PA 306, entitled "An act to provide for the effect, processing, promulgation, publication, and inspection of state agency rules, determinations, and other matters; to provide for the printing, publishing, and distribution of certain publications; to provide for state agency administrative procedures and contested cases and appeals from contested cases in licensing and other matters; to create and establish certain committees and offices; to provide for declaratory judgments as to rules; to repeal certain acts and parts of acts; and to repeal certain parts of this act on a specific date," by amending section 7 (MCL 24.207), as amended by 1999 PA 262.
(Filed with the Secretary of State June 27, 2000, at 2:37 p.m.)
Date: June 26, 2000
Time: 9:52 p.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 4238 (Public Act No. 220, I.E.), being
An act to amend 1927 PA 175, entitled "An act to revise, consolidate, and codify the laws relating to criminal procedure and to define the jurisdiction, powers, and duties of courts, judges, and other officers of the court under the provisions of this act; to provide laws relative to the rights of persons accused of criminal offenses and ordinance violations; to provide for the arrest of persons charged with or suspected of criminal offenses and ordinance violations; to provide for bail of persons arrested for or accused of criminal offenses and ordinance violations; to provide for the examination of persons accused of criminal offenses; to regulate the procedure relative to grand juries, indictments, informations, and proceedings before trial; to provide for trials of persons complained of or indicted for criminal offenses and ordinance violations and to provide for the procedure in those trials; to provide for judgments and sentences of persons convicted of criminal offenses and ordinance violations; to establish a sentencing commission and to prescribe its powers and duties; to provide for procedure relating to new trials and appeals in criminal and ordinance violation cases; to provide a uniform system of probation throughout this state and the appointment of probation officers; to prescribe the powers, duties, and compensation of probation officers; to provide penalties for the violation of the duties of probation officers; to provide for procedure governing proceedings to prevent crime and proceedings for the discovery of crime; to provide for fees of officers, witnesses, and others in criminal and ordinance violation cases; to set forth miscellaneous provisions as to criminal procedure in certain cases; to provide penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act," by amending sections 1e, 16a, and 27 of chapter IX (MCL 769.1e, 769.16a, and 769.27), section 1e as added by 1993 PA 360 and section 16a as amended by 1999 PA 87, and by adding section 1h to chapterIX.
(Filed with the Secretary of State June 27, 2000, at 2:45 p.m.)
Date: June 26, 2000
Time: 9:54 p.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 4239 (Public Act No. 221, I.E.), being
An act to amend 1953 PA 232, entitled "An act to revise, consolidate, and codify the laws relating to probationers and probation officers, to pardons, reprieves, commutations, and paroles, to the administration of correctional institutions, correctional farms, and probation recovery camps, to prisoner labor and correctional industries, and to the supervision and inspection of local jails and houses of correction; to provide for the siting of correctional facilities; to create a state department of corrections, and to prescribe its powers and duties; to provide for the transfer to and vesting in said department of powers and duties vested by law in certain other state boards, commissions, and officers, and to abolish certain boards, commissions, and offices the powers and duties of which are transferred by this act; to allow for the operation of certain facilities by private entities; to prescribe the powers and duties of certain other state departments and agencies; to provide for the creation of a local lockup advisory board; to prescribe penalties for the violation of the provisions of this act; to make certain appropriations; to repeal certain parts of this act on specific dates; and to repeal all acts and parts of acts inconsistent with the provisions of this act," by amending section 64 (MCL791.264).
(Filed with the Secretary of State June 27, 2000, at 2:47 p.m.)
Date: June 26, 2000
Time: 10:04 p.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 5311 (Public Act No. 226, I.E.), being
An act to amend 1931 PA 328, entitled "An act to revise, consolidate, codify and add to the statutes relating to crimes; to define crimes and prescribe the penalties therefor; to provide for restitution under certain circumstances; to provide for the competency of evidence at the trial of persons accused of crime; to provide immunity from prosecution for certain witnesses appearing at such trials; and to repeal certain acts and parts of acts inconsistent with or contravening any of the provisions of this act," by amending section 227f (MCL 750.227f), as amended by 1996 PA163.
(Filed with the Secretary of State June 27, 2000, at 2:57 p.m.)
Date: June 26, 2000
Time: 10:10 p.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 4881 (Public Act No. 227, I.E.), being
An act to amend 1931 PA 328, entitled "An act to revise, consolidate, codify and add to the statutes relating to crimes; to define crimes and prescribe the penalties therefor; to provide for restitution under certain circumstances; to provide for the competency of evidence at the trial of persons accused of crime; to provide immunity from prosecution for certain witnesses appearing at such trials; and to repeal certain acts and parts of acts inconsistent with or contravening any of the provisions of this act," by amending sections 520c and 520e (MCL 750.520c and 750.520e), section 520c as amended by 1983 PA 158 and section 520e as amended by 1996 PA 155.
(Filed with the Secretary of State June 27, 2000, at 2:59 p.m.)
Date: June 26, 2000
Time: 10:20 p.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 5526 (Public Act No. 229, I.E.), being
An act to amend 1994 PA 451, entitled "An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, and assessments; to provide certain appropriations; to prescribe penalties and provide remedies; to repeal certain parts of this act on a specific date; and to repeal certain acts and parts of acts," (MCL 324.101 to 324.90106) by adding part 802; and to repeal acts and parts of acts.
(Filed with the Secretary of State June 27, 2000, at 3:03 p.m.)
Date: June 26, 2000
Time: 10:30 p.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 5802 (Public Act No. 230, I.E.), being
An act to amend 1976 PA 451, entitled "An act to provide a system of public instruction and elementary and secondary schools; to revise, consolidate, and clarify the laws relating to elementary and secondary education; to provide for the organization, regulation, and maintenance of schools, school districts, public school academies, and intermediate school districts; to prescribe rights, powers, duties, and privileges of schools, school districts, public school academies, and intermediate school districts; to provide for the regulation of school teachers and certain other school employees; to provide for school elections and to prescribe powers and duties with respect thereto; to provide for the levy and collection of taxes; to provide for the borrowing of money and issuance of bonds and other evidences of indebtedness; to establish a fund and provide for expenditures from that fund; to provide for and prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to provide for licensure of boarding schools; to prescribe penalties; and to repeal acts and parts of acts," by amending sections 371, 372, 373, 374a, 402, 1310, 1310a, 1311a, and 1473 (MCL 380.371, 380.372, 380.373, 380.374a, 380.402, 380.1310, 380.1310a, 380.1311a, and 380.1473), sections 371, 372, 373, and 374a as added and section 402 as amended by 1999 PA 10, 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.
(Filed with the Secretary of State June 27, 2000, at 3:05 p.m.)
Date: June 26, 2000
Time: 10:32 p.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 5351 (Public Act No. 231, I.E.), being
An act to amend 1976 PA 451, entitled "An act to provide a system of public instruction and elementary and secondary schools; to revise, consolidate, and clarify the laws relating to elementary and secondary education; to provide for the organization, regulation, and maintenance of schools, school districts, public school academies, and intermediate school districts; to prescribe rights, powers, duties, and privileges of schools, school districts, public school academies, and intermediate school districts; to provide for the regulation of school teachers and certain other school employees; to provide for school elections and to prescribe powers and duties with respect thereto; to provide for the levy and collection of taxes; to provide for the borrowing of money and issuance of bonds and other evidences of indebtedness; to establish a fund and provide for expenditures from that fund; to provide for and prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to provide for licensure of boarding schools; to prescribe penalties; and to repeal acts and parts of acts," (MCL 380.1 to 380.1852) by adding sections 15, 602, and 1475.
(Filed with the Secretary of State June 27, 2000, at 3:07 p.m.)
Date: June 26, 2000
Time: 10:46 p.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 5543 (Public Act No. 235, I.E.), being
An act to amend 1939 PA 288, entitled "An act to revise and consolidate the statutes relating to certain aspects of the family division of circuit court, to the jurisdiction, powers, and duties of the family division of circuit court and its judges and other officers, to the change of name of adults and children, and to the adoption of adults and children; to prescribe certain jurisdiction, powers, and duties of the family division of circuit court and its judges and other officers; to prescribe the manner and time within which certain actions and proceedings may be brought in the family division of the circuit court; to prescribe pleading, evidence, practice, and procedure in certain actions and proceedings in the family division of circuit court; to provide for appeals from certain actions in the family division of circuit court; to prescribe the powers and duties of certain state departments, agencies, and officers; and to provide remedies and penalties," (MCL 710.21 to 712A.32) by adding chapter XII; and to repeal acts and parts of acts.
(Filed with the Secretary of State June 27, 2000, at 3:15 p.m.)
Date: June 27, 2000
Time: 9:30 a.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 5719 (Public Act No. 236, I.E.), being
An act to amend 1980 PA 299, entitled "An act to revise, consolidate, and classify the laws of this state regarding the regulation of certain occupations; to create a board for each of those occupations; to establish the powers and duties of certain departments and agencies and the boards of each occupation; to provide for the promulgation of rules; to provide for certain fees; to provide for penalties and civil fines; to establish rights, relationships, and remedies of certain persons under certain circumstances; to repeal certain parts of this act on a specific date; and to repeal certain acts and parts of acts," by amending section 2517 (MCL 339.2517), as added by 1993 PA 93.
(Filed with the Secretary of State June 27, 2000, at 3:17 p.m.)
Date: June 27, 2000
Time: 9:37 a.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 5630 (Public Act No. 238, I.E.), being
An act to amend 1931 PA 328, entitled "An act to revise, consolidate, codify and add to the statutes relating to crimes; to define crimes and prescribe the penalties therefor; to provide for restitution under certain circumstances; to provide for the competency of evidence at the trial of persons accused of crime; to provide immunity from prosecution for certain witnesses appearing at such trials; and to repeal certain acts and parts of acts inconsistent with or contravening any of the provisions of this act," by repealing section 42 (MCL 750.42).
(Filed with the Secretary of State June 27, 2000, at 3:21 p.m.)
Date: June 28, 2000
Time: 10:26 a.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 5554 (Public Act No. 240, I.E.), being
An act 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 section4 (MCL 445.1564).
(Filed with the Secretary of State June 28, 2000, at 2:32 p.m.)
Date: June 29, 2000
Time: 12:10 a.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 5222 (Public Act No. 241, I.E.), being
An act to amend 1998 PA 363, entitled "An act to authorize the state administrative board to convey certain state owned property in Ingham county; to authorize the department of natural resources to convey certain parcels of state owned property in Roscommon county; to prescribe conditions for the conveyance; to provide for certain powers and duties of the department of management and budget and certain municipalities in regard to certain property; and to provide for disposition of the revenue derived from the conveyance," by amending the title and sections 2 and 3 and by adding section 15.
(Filed with the Secretary of State June 29, 2000, at 2:05 p.m.)
Date: June 29, 2000
Time: 12:14 a.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 4891 (Public Act No. 242, I.E.), being
An act to amend 1933 PA 167, entitled "An act to provide for the raising of additional public revenue by prescribing certain specific taxes, fees, and charges to be paid to the state for the privilege of engaging in certain business activities; to provide, incident to the enforcement thereof, for the issuance of licenses to engage in such occupations; to provide for the ascertainment, assessment and collection thereof; to appropriate the proceeds thereof; and to prescribe penalties for violations of the provisions of this act," by amending section 17 (MCL 205.67), as amended by 1995 PA 254.
(Filed with the Secretary of State June 29, 2000, at 2:07 p.m.)
Date: June 29, 2000
Time: 12:18 a.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 5813 (Public Act No. 243, I.E.), being
An act to amend 1954 PA 99, entitled "An act authorizing the international bridge authority of Michigan, created by Act No.237 of the Public Acts of 1935, as amended, being sections 254.201 to 254.216, inclusive, of the Compiled Laws of 1948, to construct, maintain, repair and operate a bridge or tunnel project from the Upper Peninsula of Michigan to the province of Ontario, Canada, and providing for the acquisition and operation of the existing ferry system and buses in connection with such project; defining the powers and duties of the authority; granting to the authority power to acquire necessary real and personal property and to exercise the power of condemnation; providing for financing such project by the issuance of revenue bonds of the authority, payable solely from tolls and other revenues; providing that no debt of the state shall be incurred in the exercise of any such powers; providing for the collection of tolls and other revenues to pay such bonds and the interest thereon and the cost of maintenance, repair and operation of such project; exempting from taxes and assessments such project and such bonds and the income therefrom; authorizing the issuance of revenue refunding bonds; prescribing the rights and remedies of the holders of bonds issued under the provisions of this act; making an appropriation; and repealing certain acts and parts of acts," by amending the title and sections 1, 3, 4, 7, and 16 (MCL 254.221, 254.223, 254.224, 254.227, and 254.236), section3 as amended by 1994 PA 44, and by adding section 3a; and to repeal acts and parts of acts.
(Filed with the Secretary of State June 29, 2000, at 2:09 p.m.)
Date: June 29, 2000
Time: 12:30 a.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 5832 (Public Act No. 245, I.E.), being
An act 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.
(Filed with the Secretary of State June 29, 2000, at 2:13 p.m.)
Date: June 29, 2000
Time: 12:44 a.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 5767 (Public Act No. 247, I.E.), being
An act to amend 1974 PA 198, entitled "An act to provide for the establishment of plant rehabilitation districts and industrial development districts in local governmental units; to provide for the exemption from certain taxes; to levy and collect a specific tax upon the owners of certain facilities; to provide for the disposition of the tax; to provide for the obtaining and transferring of an exemption certificate and to prescribe the contents of those certificates; to prescribe the powers and duties of the state tax commission and certain officers of local governmental units; and to provide penalties," by amending section 2 (MCL 207.552), as amended by 1999 PA 140.
(Filed with the Secretary of State June 29, 2000, at 2:17 p.m.)
Date: June 29, 2000
Time: 12:46 a.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 5766 (Public Act No. 248, I.E.), being
An act to amend 1986 PA 281, entitled ''An act to encourage local development to prevent conditions of unemployment and promote economic growth; to provide for the establishment of local development finance authorities and to prescribe their powers and duties; to provide for the creation of a board to govern an authority and to prescribe its powers and duties; to provide for the creation and implementation of development plans; to authorize the acquisition and disposal of interests in real and personal property; to permit the issuance of bonds and other evidences of indebtedness by an authority; to prescribe powers and duties of certain state officers and agencies; to reimburse authorities for certain losses of tax increment revenues; and to authorize and permit the use of tax increment financing,'' by amending the title and sections 2, 3, 4, 10, and 12 (MCL 125.2152, 125.2153, 125.2154, 125.2160, and 125.2162), the title and sections 4, 10, and 12 as amended by 1993 PA 333, section 2 as amended by 1998 PA 92, and section 3 as added by 1986 PA 281, and by adding section 12a.
(Filed with the Secretary of State June 29, 2000, at 2:19 p.m.)
Date: June 29, 2000
Time: 12:50 a.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 5572 (Public Act No. 249, I.E.), being
An act to amend 1956 PA 218, entitled "An act to revise, consolidate, and classify the laws relating to the insurance and surety business; to regulate the incorporation or formation of domestic insurance and surety companies and associations and the admission of foreign and alien companies and associations; to provide their rights, powers, and immunities and to prescribe the conditions on which companies and associations organized, existing, or authorized under this act may exercise their powers; to provide the rights, powers, and immunities and to prescribe the conditions on which other persons, firms, corporations, associations, risk retention groups, and purchasing groups engaged in an insurance or surety business may exercise their powers; to provide for the imposition of a privilege fee on domestic insurance companies and associations and the state accident fund; to provide for the imposition of a tax on the business of foreign and alien companies and associations; to provide for the imposition of a tax on risk retention groups and purchasing groups; to provide for the imposition of a tax on the business of surplus line agents; to provide for the imposition of regulatory fees on certain insurers; to modify tort liability arising out of certain accidents; to provide for limited actions with respect to that modified tort liability and to prescribe certain procedures for maintaining those actions; to require security for losses arising out of certain accidents; to provide for the continued availability and affordability of automobile insurance and homeowners insurance in this state and to facilitate the purchase of that insurance by all residents of this state at fair and reasonable rates; to provide for certain reporting with respect to insurance and with respect to certain claims against uninsured or self-insured persons; to prescribe duties for certain state departments and officers with respect to that reporting; to provide for certain assessments; to establish and continue certain state insurance funds; to modify and clarify the status, rights, powers, duties, and operations of the nonprofit malpractice insurance fund; to provide for the departmental supervision and regulation of the insurance and surety business within this state; to provide for regulation over worker's compensation self-insurers; to provide for the conservation, rehabilitation, or liquidation of unsound or insolvent insurers; to provide for the protection of policyholders, claimants, and creditors of unsound or insolvent insurers; to provide for associations of insurers to protect policyholders and claimants in the event of insurer insolvencies; to prescribe educational requirements for insurance agents and solicitors; to provide for the regulation of multiple employer welfare arrangements; to create an automobile theft prevention authority to reduce the number of automobile thefts in this state; to prescribe the powers and duties of the automobile theft prevention authority; to provide certain powers and duties upon certain officials, departments, and authorities of this state; to repeal acts and parts of acts; and to provide penalties for the violation of this act," (MCL 500.100 to 500.8302) by adding section 3580.
(Filed with the Secretary of State June 29, 2000, at 2:21 p.m.)
Date: June 29, 2000
Time: 12:52 a.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 5573 (Public Act No. 250, I.E.), being
An act to amend 1980 PA 350, entitled "An act to provide for the incorporation of nonprofit health care corporations; to provide their rights, powers, and immunities; to prescribe the powers and duties of certain state officers relative to the exercise of those rights, powers, and immunities; to prescribe certain conditions for the transaction of business by those corporations in this state; to define the relationship of health care providers to nonprofit health care corporations and to specify their rights, powers, and immunities with respect thereto; to provide for a Michigan caring program; to provide for the regulation and supervision of nonprofit health care corporations by the commissioner of insurance; to prescribe powers and duties of certain other state officers with respect to the regulation and supervision of nonprofit health care corporations; to provide for the imposition of a regulatory fee; to regulate the merger or consolidation of certain corporations; to prescribe an expeditious and effective procedure for the maintenance and conduct of certain administrative appeals relative to provider class plans; to provide for certain administrative hearings relative to rates for health care benefits; to provide for certain causes of action; to prescribe penalties and to provide civil fines for violations of this act; and to repeal certain acts and parts of acts," by amending section 404 (MCL 550.1404), as amended by 1996 PA 516.
(Filed with the Secretary of State June 29, 2000, at 2:23 p.m.)
Date: June 29, 2000
Time: 12:54 a.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 5576 (Public Act No. 251, I.E.), being
An act to provide review of certain health care coverage adverse determinations made by health carriers; to prescribe eligibility, powers, and duties of certain independent review organizations; to prescribe the powers and duties of certain health carriers; to prescribe the powers and duties of certain persons; to prescribe the powers and duties of certain state officials; to provide for the reporting of certain information; to provide fees; and to provide penalties for violations of this act.
(Filed with the Secretary of State June 29, 2000, at 2:25 p.m.)
Date: June 29, 2000
Time: 9:15 a.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 5418 (Public Act No. 254, I.E.), being
An act to amend 1994 PA 451, entitled "An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, and assessments; to provide certain appropriations; to prescribe penalties and provide remedies; to repeal certain parts of this act on a specific date; and to repeal certain acts and parts of acts," by amending section 20140 (MCL 324.20140), as amended by 1995 PA 71.
(Filed with the Secretary of State June 29, 2000, at 2:31 p.m.)
Date: June 29, 2000
Time: 9:30 a.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 5538 (Public Act No. 257, I.E.), being
An act to amend 1966 PA 346, entitled "An act to create a state housing development authority; to define the powers and duties of the authority; to establish a housing development revolving fund; to establish a land acquisition and development fund; to establish a rehabilitation fund; to establish a conversion condominium fund; to authorize the making and purchase of loans, deferred payment loans, and grants to qualified developers, sponsors, individuals, mortgage lenders, and municipalities; to establish and provide acceleration and foreclosure procedures; to provide tax exemption; to authorize payments in lieu of taxes by nonprofit housing corporations, consumer housing cooperatives, limited dividend housing corporations, mobile home park corporations, and mobile home park associations; and to prescribe criminal penalties for violations of this act," by amending sections 21, 22b, 22c, 32, 32a, 32b, 44, 44a, and 46 (MCL 125.1421, 125.1422b, 125.1422c, 125.1432, 125.1432a, 125.1432b, 125.1444, 125.1444a, and 125.1446), section 21 as amended by 1983 PA 49, sections 22b, 22c, 32, 32a, and 44a as amended by 1996 PA 475, sections 32b and 44 as amended by 1998 PA 33, and section 46 as amended by 1993 PA 220.
(Filed with the Secretary of State June 29, 2000, at 2:37 p.m.)
Date: June 29, 2000
Time: 9:38 a.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 5534 (Public Act No. 258, I.E.), being
An act to establish career and technical preparation enrollment options for certain students enrolled in Michigan schools; to prescribe certain duties of public schools and certain postsecondary institutions; to prescribe certain powers and duties of certain state departments, officials, and agencies; and to repeal acts and parts of acts.
(Filed with the Secretary of State June 29, 2000, at 2:39 p.m.)
Date: June 29, 2000
Time: 10:14 a.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 5780 (Public Act No. 262, I.E.), being
An act to amend 1994 PA 451, entitled "An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, and assessments; to provide certain appropriations; to prescribe penalties and provide remedies; to repeal certain parts of this act on a specific date; and to repeal certain acts and parts of acts," by amending sections 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.
(Filed with the Secretary of State June 29, 2000, at 2:47 p.m.)
Date: June 29, 2000
Time: 9:45 a.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 5279 (Public Act No. 264, I.E.), being
An act to make appropriations for the judicial branch for the fiscal year ending September 30, 2001; to provide for the expenditure of these appropriations; to place certain restrictions on the expenditure of these appropriations; to prescribe the powers and duties of certain officials and employees; to require certain reports; and to provide for the disposition of fees and other income received by the judicial branch.
(Filed with the Secretary of State June 29, 2000, at 4:34 p.m.)
Date: June 29, 2000
Time: 12:25 a.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 5781 (Public Act No. 265, I.E.), being
An act to amend 1927 PA 372, entitled "An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms and gas ejecting devices; to prohibit the buying, selling, or carrying of certain firearms and gas ejecting devices without a license; to provide for the forfeiture of firearms possessed in violation of this act; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; and to repeal all acts and parts of acts inconsistent with the provisions of this act," (MCL 28.421 to 28.434) by amending the title, as amended by 1990 PA 320, and by adding section 15.
(Filed with the Secretary of State June 29, 2000, at 4:36 p.m.)
Date: June 29, 2000
Time: 2:30 p.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 5280 (Public Act No. 266, I.E.), being
An act to make appropriations for the department of military and veterans affairs for the fiscal year ending September 30, 2001; to provide for the expenditure of the appropriations; to provide for certain powers and duties of the department of military and veterans affairs, other state agencies, and local units of government related to the appropriations; and to provide for the preparation of certain reports related to the appropriations.
(Filed with the Secretary of State June 30, 2000, at 2:27 p.m.)
Date: June 29, 2000
Time: 2:20 p.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 5281 (Public Act No. 267, I.E.), being
An act to make appropriations for the department of natural resources 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.
(Filed with the Secretary of State July 5, 2000, at 9:52 a.m.)
Date: June 29, 2000
Time: 3:30 p.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 5624 (Public Act No. 268, I.E.), being
An act to amend 1949 PA 300, entitled "An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of owners and operators of vehicles and service of process on residents and nonresidents; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date," by amending sections 629e, 674, 675a, 675b, 675c, 675d, and 742 (MCL 257.629e, 257.674, 257.675a, 257.675b, 257.675c, 257.675d, and 257.742), section 629e as amended by 1991 PA 163, section 674 as amended by 2000 PA 76, sections 675a and 675b as amended and section 675c as added by 1980 PA 518, section 675d as amended by 1992 PA230, and section 742 as amended by 1998 PA 68.
(Filed with the Secretary of State July 5, 2000, at 9:54 a.m.)
Date: July 6, 2000
Time: 11:25 a.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 5282 (Public Act No. 269, I.E.), being
An act to make appropriations for the department of state police and certain other state purposes for the fiscal year ending September 30, 2001; to provide for the expenditure of those appropriations; to provide for certain reports and the consideration of those reports; to provide for the disposition of other income received by the various state agencies; to provide for the testing of certain persons; to provide for certain emergency powers; and to provide for the powers and duties of certain committees, certain state agencies, and certain employees.
(Filed with the Secretary of State July 6, 2000, at 12:00 p.m.)
Date: July 7, 2000
Time: 9:00 a.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 5276 (Public Act No. 275, I.E.), being
An act 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.
(Filed with the Secretary of State July 10, 2000, at 11:40 a.m.)
Date: July 7, 2000
Time: 9:10 a.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 5278 (Public Act No. 276, I.E.), being
An act to make appropriations for the departments of attorney general, civil rights, civil service, management and budget, state, and treasury, the executive office, and the legislative branch for the fiscal year ending September 30, 2001; to provide for the expenditure of these appropriations; to provide for the funding of certain work projects; to provide for the imposition of certain fees; to establish or continue certain funds, programs, and categories; to transfer certain funds; to prescribe certain requirements for bidding on state contracts; to provide for disposition of year-end balances for the fiscal year ending September 30, 2001; to prescribe the powers and duties of certain principal executive departments and state agencies, officials, and employees; and to provide for the disposition of fees and other income received by the various principal executive departments and state agencies.
(Filed with the Secretary of State July 10, 2000, at 11:42 a.m.)
Date: July 7, 2000
Time: 9:15 a.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 5690 (Public Act No. 277, I.E.), being
An act to amend 1994 PA 451, entitled "An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, and assessments; to provide certain appropriations; to prescribe penalties and provide remedies; to repeal certain parts of this act on a specific date; and to repeal certain acts and parts of acts," (MCL 324.101 to 324.90106) by adding sections 32610 and 32611.
(Filed with the Secretary of State July 10, 2000, at 11:44 a.m.)
Date: July 7, 2000
Time: 9:17 a.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 5691 (Public Act No. 278, I.E.), being
An act to amend 1994 PA 451, entitled "An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, and assessments; to provide certain appropriations; to prescribe penalties and provide remedies; to repeal certain parts of this act on a specific date; and to repeal certain acts and parts of acts," (MCL 324.101 to 324.90106) by adding part 326.
(Filed with the Secretary of State July 10, 2000, at 11:46 a.m.)
Date: July 7, 2000
Time: 9:28 a.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 5854 (Public Act No. 280, I.E.), being
An act to amend 1855 PA 105, entitled "An act to regulate the disposition of the surplus funds in the state treasury; to provide for the deposit of surplus funds in certain financial institutions; to lend surplus funds pursuant to loan agreements secured by certain commercial, agricultural, or industrial real and personal property; to authorize the loan of surplus funds to certain municipalities; to authorize the participation in certain loan programs; to authorize an appropriation; and to prescribe the duties of certain state agencies," by amending sections 3 and 7 (MCL 21.143 and 21.147), as amended by 1997 PA 32, and by adding section 2d.
(Filed with the Secretary of State July 10, 2000, at 11:50 a.m.)
Date: July 7, 2000
Time: 9:30 a.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 5017 (Public Act No. 281, I.E.), being
An act to amend 1893 PA 206, entitled "An act to provide for the assessment of rights and interests, including leasehold interests, in property and the levy and collection of taxes on property, and for the collection of taxes levied; making those taxes a lien on the property taxed, establishing and continuing the lien, providing for the sale or forfeiture and conveyance of property delinquent for taxes, and for the inspection and disposition of lands bid off to the state and not redeemed or purchased; to provide for the establishment of a delinquent tax revolving fund and the borrowing of money by counties and the issuance of notes; to define and limit the jurisdiction of the courts in proceedings in connection with property delinquent for taxes; to limit the time within which actions may be brought; to prescribe certain limitations with respect to rates of taxation; to prescribe certain powers and duties of certain officers, departments, agencies, and political subdivisions of this state; to provide for certain reimbursements of certain expenses incurred by units of local government; to provide penalties for the violation of this act; and to repeal acts and parts of acts," by amending section 154 (MCL 211.154), as amended by 1996 PA 476.
(Filed with the Secretary of State July 10, 2000, at 11:52 a.m.)
Date: July 7, 2000
Time: 10:55 a.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 4260 (Public Act No. 284, I.E.), being
An act to amend 1893 PA 206, entitled "An act to provide for the assessment of rights and interests, including leasehold interests, in property and the levy and collection of taxes on property, and for the collection of taxes levied; making those taxes a lien on the property taxed, establishing and continuing the lien, providing for the sale or forfeiture and conveyance of property delinquent for taxes, and for the inspection and disposition of lands bid off to the state and not redeemed or purchased; to provide for the establishment of a delinquent tax revolving fund and the borrowing of money by counties and the issuance of notes; to define and limit the jurisdiction of the courts in proceedings in connection with property delinquent for taxes; to limit the time within which actions may be brought; to prescribe certain limitations with respect to rates of taxation; to prescribe certain powers and duties of certain officers, departments, agencies, and political subdivisions of this state; to provide for certain reimbursements of certain expenses incurred by units of local government; to provide penalties for the violation of this act; and to repeal acts and parts of acts," by amending section 53b (MCL 211.53b), as amended by 1995 PA 74.
(Filed with the Secretary of State July 10, 2000, at 11:58 a.m.)
Date: July 7, 2000
Time: 11:00 a.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 4007 (Public Act No. 285, I.E.), being
An act to amend 1974 PA 369, entitled "An act to regulate the business of conducting a driver training school; to require licenses in relation thereto; to prescribe certain fees; to prescribe the powers and duties of certain persons and state departments; and to prescribe remedies and penalties," by amending sections 5 and 5b (MCL 256.605 and 256.605b), section 5 as amended and section 5b as added by 1998 PA 11.
(Filed with the Secretary of State July 10, 2000, at 12:00 p.m.)
Date: July 7, 2000
Time: 11:15 a.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 5740 (Public Act No. 288, I.E.), being
An act to amend 1976 PA 451, entitled "An act to provide a system of public instruction and elementary and secondary schools; to revise, consolidate, and clarify the laws relating to elementary and secondary education; to provide for the organization, regulation, and maintenance of schools, school districts, public school academies, and intermediate school districts; to prescribe rights, powers, duties, and privileges of schools, school districts, public school academies, and intermediate school districts; to provide for the regulation of school teachers and certain other school employees; to provide for school elections and to prescribe powers and duties with respect thereto; to provide for the levy and collection of taxes; to provide for the borrowing of money and issuance of bonds and other evidences of indebtedness; to establish a fund and provide for expenditures from that fund; to provide for and prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to provide for licensure of boarding schools; to prescribe penalties; and to repeal acts and parts of acts," by amending section 1233 (MCL 380.1233), as amended by 1995 PA 289.
(Filed with the Secretary of State July 10, 2000, at 12:06 p.m.)
Date: July 7, 2000
Time: 11:30 a.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 4752 (Public Act No. 289, I.E.), being
An act to amend 1998 PA 58, entitled "An act to create a commission for the control of the alcoholic beverage traffic within this state, and to prescribe its powers, duties, and limitations; to provide for powers and duties for certain state departments and agencies; to impose certain taxes for certain purposes; to provide for the control of the alcoholic liquor traffic within this state and to provide for the power to establish state liquor stores; to provide for the care and treatment of alcoholics; to provide for the incorporation of farmer cooperative wineries and the granting of certain rights and privileges to those cooperatives; to provide for the licensing and taxation of activities regulated under this act and the disposition of the money received under this act; to prescribe liability for retail licensees under certain circumstances and to require security for that liability; to provide procedures, defenses, and remedies regarding violations of this act; to provide for the enforcement and to prescribe penalties for violations of this act; to provide for allocation of certain funds for certain purposes; to provide for the confiscation and disposition of property seized under this act; to provide referenda under certain circumstances; and to repeal acts and parts of acts," by amending section 203 (MCL 436.1203).
(Filed with the Secretary of State July 10, 2000, at 12:08 p.m.)
Date: July 7, 2000
Time: 11:35 a.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 5833 (Public Act No. 290, I.E.), being
An act 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.
(Filed with the Secretary of State July 10, 2000, at 12:10 p.m.)
Date: July 17, 2000
Time: 12:45 p.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 5721 (Public Act No. 295, I.E.), being
An act to amend 1991 PA 179, entitled "An act to regulate and insure the availability of certain telecommunication services; to prescribe the powers and duties of certain state agencies and officials; to prescribe penalties; to repeal certain acts and parts of acts; and to repeal this act on a specific date," by amending sections 101, 103, 201, 203, 203a, 207, 213, 302, 303, 304, 310, 312, 502, 503, 506, 601, and 604 (MCL 484.2101, 484.2103, 484.2201, 484.2203, 484.2203a, 484.2207, 484.2213, 484.2302, 484.2303, 484.2304, 484.2310, 484.2312, 484.2502, 484.2503, 484.2506, 484.2601, and 484.2604), sections 101, 203, 207, 213, 303, 304, 310, 312, 601, and 604 as amended and sections 203a, 502, and 503 as added by 1995 PA 216 and section 506 as added by 1998 PA 259, and by adding sections 214, 316a, 322, 507, and 701; and to repeal acts and parts of acts.
(Filed with the Secretary of State July 17, 2000, at 4:04 p.m.)
The following message from the Governor was received July 7, 2000 and read:
EXECUTIVE ORDER
No. 2000 - 8
Michigan Debt Advisory Board
WHEREAS, Act No. 202 of the Public Acts of 1943, being Sections 131.1 et seq. of the Michigan Compiled Laws, authorizes and directs the State Treasurer to protect the credit of the state and its municipalities; and
WHEREAS, the state, and agencies and authorities of the state, are authorized by law to issue bonds, notes, obligations, and other evidence of indebtedness; and
WHEREAS, preserving and enhancing the state's credit rating and maintaining future low-cost capital financing is beneficial to the state and its citizens; and
WHEREAS, consistent consideration of the state's overall management of debt promotes the effective integration of the state's debt capacity with its capital financing needs; and
WHEREAS, access to the capital markets can be enhanced by the effective coordination of debt issuance financing and related activities.
NOW, THEREFORE, I, John Engler, Governor of the state of Michigan, pursuant to the powers vested in me by the Constitution of the state of Michigan of 1963 and the laws of the state of Michigan, do hereby order the following:
A. Establishment of the Michigan Debt Advisory Board
1. The Michigan Debt Advisory Board ("Board") is hereby established within the Department of Treasury. The Board shall consist of the State Treasurer, the Director of the Department of Consumer and Industry Services, the Director of the Department of Management and Budget, the Director of the Department of Transportation, and the State Budget Director.
2. Members of the Board shall serve without compensation. Members of the Board may receive reimbursement for necessary travel and expenses according to relevant procedures of the Department of Management and Budget and Civil Service Commission rules and regulations.
3. Members of the Board shall attend Board meetings in person, and shall not delegate their responsibilities to other persons. The Chairperson of the Board shall be the State Treasurer. The Board shall meet at least once annually.
B. Charge to the Board
1. The Board is charged with advising and making recommendations to the Governor on matters relating to debt issuance, debt management and debt capacity. To carry out its charge, the Board may engage in, but is not limited to, the following activities:
a. Review and report to the Governor the state's debt capacity, considering both legal capacity and debt affordability;
b. Review and make recommendations for changes in state laws and policies that govern or affect the management or issuance of debt by the state and its agencies and authorities;
c. Ensure the coordination of debt issuance by the state and its agencies and authorities in terms of market access and timing; and
d. Provide advice and counsel to the Governor on the state's credit ratings.
2. At its first meeting, the Board shall establish the Michigan Debt Issuers Committee to serve as a resource to the Board. The Committee shall consist of the Chief Deputy Treasurer and other state officials (or their designees), as determined by the Board, directly involved in the issuance of bonds, notes, obligations, or other evidence of indebtedness by the state or by agencies or authorities of the state. The Committee shall meet at least once monthly, or as otherwise determined by the Board, for purposes specified by the Board. Such purposes may include the following:
a. Coordination of the timing of debt issuance;
b. Sharing of information concerning trends in debt issuance and market activity;
c. Working to utilize fully and improve the use of technology in activities related to debt issuance; and
d. Providing information and coordination on disclosure standards in both the primary and secondary markets.
The Chief Deputy Treasurer shall chair the meetings of the Committee, set the agendas, oversee the activities of the Committee, to the extent such activities specifically pertain to the purposes set forth by the Board, and coordinate requests made to the Committee by the Board.
C. Miscellaneous
1. The Board shall be staffed by personnel within the Department of Treasury, to be designated by the State Treasurer.
2. All principal departments and other state agencies shall cooperate with the Board in the performance of its responsibilities. The Board may request, and principal departments and other state agencies shall provide, such policy and technical information as is required by the Board in the discharge of its responsibilities. Agencies shall make every effort to provide the Board with key staff and other means of support to assist in the performance of its duties.
3. The Board may promulgate bylaws, consistent with law and with this Executive Order, to govern its organization and procedure.
4. The Board may hire or retain such contractors, sub-contractors, advisors, consultants and agents, and may make and enter into contracts necessary or incidental to the exercise of the powers of and the performance of its duties as the State Treasurer may deem advisable and necessary, in accordance with the relevant statutes, rules and procedures of the Civil Service Commission and the Department of Management and Budget.
5. This Executive Order shall not affect in any way the autonomous nature of any agency or authority of the state, including that agency's or authority's ability to independently exercise its authority, powers, duties, and responsibilities as provided by law.
The provisions of this Executive Order shall become effective upon filing.
[SEAL] Given under my hand and the Great Seal of the state of Michigan this 7th day of July, in the Year of our Lord, Two Thousand.
John Engler
Governor
By the Governor:
Candice S. Miller
Secretary of State
The message was referred to the Clerk.
The following message from the Governor was received July 7, 2000 and read:
EXECUTIVE ORDER
No. 2000 - 9
Center for Educational Performance and Information
Michigan Department of Education
Michigan Department of Treasury
Executive Reorganization
WHEREAS, Article V, Section 2, of the Constitution of the state of Michigan of 1963 empowers the Governor to make changes in the organization of the Executive Branch or in the assignment of functions among its units which he considers necessary for efficient administration; and
WHEREAS, Article V, Section 4, of the Constitution of the state of Michigan of 1963 authorizes the establishment of temporary commissions or agencies for special purposes with a life of no more than two years, and provides that such temporary commissions or agencies need not be allocated within a principal department; and
WHEREAS, a primary reason for improving the quality and availability of educational data is to increase public understanding of our education system in Michigan and to provide information that will help all Michigan residents know if their schools are meeting academic, financial and operational performance expectations and, if not, identify where improvements can be made; and
WHEREAS, local boards of education, school administrators, policymakers, educational organizations and parents need and use student, financial, personnel and building-level data to make informed decisions, research educational trends, measure student performance, evaluate various reforms, determine the educational value of each dollar spent, and efficiently and effectively distribute financial, human and other resources; and
WHEREAS, the existing methods of gathering educational data are often inefficient, paper-based, redundant, inconsistent, time consuming and scattered throughout state and local government, thus making it difficult for the public to easily ascertain how well schools are performing.
NOW, THEREFORE, I, John Engler, Governor of the state of Michigan, pursuant to the powers vested in me by the Constitution of the state of Michigan of 1963 and the laws of the state of Michigan, do hereby order the following:
I. ESTABLISHMENT OF THE CENTER FOR EDUCATIONAL
PERFORMANCE AND INFORMATION
A. Establishment
The Center for Educational Performance and Information ("Center") is hereby established as a temporary agency pursuant to Article V, Section 4, of the Constitution of the state of Michigan of 1963. It shall have a life of no more than two (2) years commencing September 28, 2000.
B. Director
The Governor shall appoint one person to serve as Director of the Center and that person shall serve as Director at the pleasure of the Governor. The Director shall, in addition to the other duties and responsibilities given to the Director herein or assigned or transferred to the Director as head of the Center by statute or executive order, be responsible for the oversight and supervision of employees of the Center and for its operations. The Director shall also perform such other duties and exercise other powers as the Governor may prescribe.
C. Compensation
The Director shall receive reasonable compensation.
D. Other Deputies and Assistants
Administrative support shall be provided by the Department of Education. The Director may appoint other deputies, assistants and employees as necessary. Compensation for whom shall be established according to relevant Department of Civil Service rules and regulations.
E. Advisory Committee
The Director of the Center may establish an advisory committee to advise the Director regarding management and implementation of educational data.
II. TRANSFER OF FUNCTIONS - CENTER FOR EDUCATIONAL
PERFORMANCE AND INFORMATION
A. All of the administrative statutory powers, duties, functions and responsibilities of the Database for Educational Performance and Information, created and set forth in Section 94a of Act No. 94 of the Public Acts of 1979, as amended, being Section 388.1694a of the Michigan Compiled Laws, are hereby transferred to the Center for Educational Performance and Information by a Type II transfer, as defined by Section 3 of Act No. 380 of the Public Acts of 1965, as amended, being Section 16.103 of the Michigan Compiled Laws.
B. All of the administrative statutory powers, duties, functions and responsibilities of the Department of Education regarding educational reports, set forth in Section 19(2) of Act No. 94 of the Public Acts of 1979, as amended, being Section 388.1619(2) of the Michigan Compiled Laws, are hereby transferred to the Center for Educational Performance and Information by a Type II transfer, as defined by Section 3 of Act No. 380 of the Public Acts of 1965, as amended, being Section 16.103 of the Michigan Compiled Laws.
C. All of the administrative statutory powers, duties, functions and responsibilities of the Department of Education regarding information necessary for the preparation of the district pupil retention reports, set forth in Section 158 of Act No. 94 of the Public Acts of 1979, as amended, being Section 388.1758 of the Michigan Compiled Laws, are hereby transferred to the Center for Educational Performance and Information by a Type II transfer, as defined by Section 3 of Act No. 380 of the Public Acts of 1965, as amended, being Section 16.103 of the Michigan Compiled Laws.
D. All of the administrative powers, duties, functions and responsibilities of the Department of Education's Michigan Education Information System are hereby transferred to the Center for Educational Performance and Information by a Type II transfer, as defined by Section 3 of Act No. 380 of the Public Acts of 1965, as amended, being Section 16.103 of the Michigan Compiled Laws.
E. All of the administrative powers, duties, functions and responsibilities of the Department of Treasury regarding contracts with third parties to develop systems to measure the financial and operational activities and program effectiveness of K-12 systems are hereby transferred to the Center for Educational Performance and Information by a Type II transfer, as defined by Section 3 of Act No. 380 of the Public Acts of 1965, as amended, being Section 16.103 of the Michigan Compiled Laws.
III. DUTIES AND RESPONSIBILITIES OF THE CENTER
A. General duties
1. The Center shall:
a. Establish relevant procedures for the collection and management of educational data and such other information that may be necessary;
b. Establish a single repository of educational data that is shared electronically by all stakeholders;
c. Provide technical support to intermediate school districts, local school districts, local school buildings, and public school academies so that data collection is efficient, accurate, eliminates unnecessary duplication, and assures the appropriate level of security that will protect the privacy of individual student records; and
d. Provide technical assistance to users of educational data at all levels of government and the general public.
B. Management of Data
1. The Center shall have authority over the management and further implementation of the Michigan Education Information System and shall have authority over the management of all other educational data retained in other departments and agencies within state government. The Center shall also:
a. Determine what educational data is necessary to collect and maintain in order for all stakeholders to make informed decisions regarding the allocation of resources and educational performance;
b. Define the roles of all stakeholders in the collection and management of educational data;
c. Establish timelines for the implementation of the Database for Educational Performance and Information, the Center, and for the ongoing collection of educational data;
d. Establish data codes, data definitions, file formats, record structures, data transmission protocols, software and hardware specifications, and other system specifications and procedures as necessary for the efficient and accurate transmission and collection of data;
e. Establish a system for ensuring the accuracy of the data;
f. Provide technical assistance to users of the data to ensure that the data is provided in the most useful manner to users and that the user is aware of the data definitions and limitations;
g. Conduct educational studies and prepare reports as appropriate to produce informed decisions and create better education policy;
h. Utilize, to the greatest extent practicable, the Department of Education's existing data collection infrastructure; and
i. Manage and coordinate all existing federally funded research and data collection projects that rely on Department of Education data collection.
IV. MISCELLANEOUS
A. All principal departments and other state agencies shall cooperate with the Center in the performance of its responsibilities. The Center may request, and principal departments and other state agencies shall provide, such policy and technical information as is required by the Center in the discharge of its responsibilities. Agencies shall make every effort to provide the Center with key staff and other means of support to assist in the performance of its duties.
B. The Advisory Committee, if established, may promulgate bylaws, consistent with law and with this Executive Order, to govern its organization and procedure.
C. The Center may hire or retain such contractors, subcontractors, advisors, consultants and agents, and may make and enter into contracts necessary or incidental to the exercise of the powers and the performance of its duties as it may deem advisable and necessary, in accordance with the relevant statutes, rules and procedures of the Civil Service Commission and the Department of Management and Budget.
D. The Center may accept grants of funds and donations of funds, property, labor or other things of value from any department or office of the state of Michigan and the United States and from any other public or private office or person for the purpose of furthering the Center's services.
E. Nothing in this Executive Order should be construed to diminish the constitutional authority of the State Board of Education to provide leadership and general supervision over all public education, including adult education and instructional programs in state institutions, except as to institutions of higher education granting baccalaureate degrees, and its authority to serve as the general planning and coordinating body for all public education including higher education, and to advise the legislature as to the financial requirements in connection therewith. The State Board of Education shall retain its policy-making authority, if any, with regard to the transferred provisions by determining the policies on which the administration of the provision shall be based.
F. The Director of the Center shall provide executive direction and supervision for the transfer and implementation of applicable functions in such ways as to promote efficient administration, and shall make internal organizational changes as may be administratively necessary to complete the realignment of responsibilities prescribed by this Order.
G. The State Budget Director shall determine and authorize the most efficient manner possible for handling financial transactions and records in the state's financial management system through September 30, 2002.
H. All records, personnel, property and funds used, held, employed or to be made available to the Department of Education or the Department of Treasury for the activities transferred herein are hereby transferred to the Center.
I. All rules, orders, contracts, and agreements relating to the assigned functions lawfully adopted prior to the effective date of this Order shall continue to be in effect until revised, amended or rescinded.
J. Any suit, action or other proceeding lawfully commenced by, against or before any entity affected by this Order shall not abate by reason of the taking effect of this Order. Any suit, action or other proceeding may be maintained by, against or before the appropriate successor of any entity affected by this Order.
K. If a court or other entity with proper jurisdiction finds any portion of this Order to be invalid, such invalidity shall not affect the remaining portions of the Order that can be given effect without the invalid portion. Any portions found invalid shall be severable from the remaining portions of this Order.
In fulfillment of the requirement of Article V, Section 2, of the Constitution of the state of Michigan of 1963, the provisions of this Executive Order shall become effective September 28, 2000.
[SEAL] Given under my hand and the Great Seal of the state of Michigan this 28th day of July, in the Year of our Lord, Two Thousand.
John Engler
Governor
By the Governor:
Candice S. Miller
Secretary of State
The message was referred to the Clerk.
The following message from the Governor was received on September 14, 2000, and read:
EXECUTIVE ORDER
No.2000 - 10
Michigan Capitol Park Commission
Department of Management and Budget
Executive Reorganization
WHEREAS, Article V, Section 2, of the Constitution of the state of Michigan of 1963 empowers the Governor to make changes in the organization of the Executive Branch or in the assignment of functions among its units which he considers necessary for efficient administration; and
WHEREAS, the Michigan Capitol Park Commission was created in the Department of Management and Budget in Section 298 of Act No.431 of the Public Acts of 1984, added by Section 1 of Act No.306 of the Public Acts of 1988, as amended, being Section 18.1298 et seq. of the Michigan Compiled Laws; and
WHEREAS, the Michigan Capitol Park Commission is responsible, in part, for management of the development and operation of the Michigan Capitol Park, as well as an annual report to the Governor and Legislature regarding the activities of the Michigan Capitol Park; and
WHEREAS, the functions, duties and responsibilities assigned to the Michigan Capitol Park Commission can be more effectively organized and carried out by the Director of the Department of Management and Budget; and
WHEREAS, it is necessary in the interest of efficient administration and effectiveness of government to effect changes in the organization of the Executive Branch of government.
NOW, THEREFORE, I, John Engler, Governor of the state of Michigan, pursuant to the powers vested in me by the Constitution of the state of Michigan of 1963 and the laws of the state of Michigan, do hereby order the following:
1. Except as provided in paragraph 2 below, all of the statutory authority, powers, duties, functions and responsibilities of the Michigan Capitol Park Commission set forth in Section 298 of Act No.431 of the Public Acts of 1984, added by Section 1 of Act No.306 of the Public Acts of 1988, as amended, being Section 18.1298 et seq. of the Michigan Compiled Laws, are hereby transferred to the Director of the Department of Management and Budget by a Type III transfer, as defined by Section 3 of Act No.380 of the Public Acts of 1965, as amended, being Section 16.103 of the Michigan Compiled Laws.
2. The real property described as the Michigan Veteran's Memorial Park, created and transferred to the Michigan Veteran's Memorial Park Commission by Executive Orders 1992-11 and 1992-12, and Act No.132 of the Public Acts of 1992, being Section 18.1298b(4) of the Michigan Compiled Laws, is not affected by this Executive Order and shall remain within the jurisdiction of the Michigan Veteran's Memorial Park Commission.
3. The Director of the Department of Management and Budget shall provide executive direction and supervision for the implementation of the transfer. The assigned functions shall be administered under the direction and supervision of the Director of the Department of Management and Budget.
4. The Director of the Department of Management and Budget shall make internal organizational changes as may be administratively necessary to complete the realignment of responsibilities prescribed by this Order.
5. The Chairperson of the Michigan Capitol Park Commission and the Director of the Department of Management and Budget shall immediately initiate coordination to facilitate the transfer and develop a memorandum of record identifying any pending settlements, issues of compliance with applicable federal and state laws and regulations, or other obligations to be resolved by the Michigan Capitol Park Commission.
6. The State Budget Director shall determine and authorize the most efficient manner possible for handling financial transactions and records in the state's financial management system for the remainder of the year.
7. All records, personnel, property and unexpended balances of appropriations, allocations and other funds used, held, employed, available or to be made available to the Michigan Capitol Park Commission for the activities transferred to the Director of the Department of Management and Budget by this Order are hereby transferred to the Director of the Department of Management and Budget.
8. All rules, orders, contracts and agreements relating to the assigned functions lawfully adopted prior to the effective date of this Order shall continue to be effective until revised, amended or repealed.
9. Any suit, action or other proceeding lawfully commenced by, against or before any entity affected by this Order shall not abate by reason of the taking effect of this Order. Any suit, action or other proceeding may be maintained by, against or before the appropriate successor of any entity affected by this Order.
10. The Michigan Capitol Park Commission is hereby abolished.
In fulfillment of the requirement of Article V, Section 2, of the Constitution of the state of Michigan of 1963, the provisions of this Executive Order shall become effective 60 days after the filing of this Order.
[SEAL] Given under my hand and the Great Seal of the state of Michigan this 13th day of September, in the Year of our Lord, Two Thousand.
John Engler
Governor
By the Governor:
Candice S. Miller
Secretary of State
The message was referred to the Clerk.
Communications from State Officers
The following communications from the Secretary of State were received and read:
Notice of Filing
Administrative Rules
April 24, 2000
In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6 this is to advise you that the Office of Regulatory Reform, Legal Division filed at 2:25 P.M. this date, administrative rule (00-04-08) for the Department of Treasury, State Assessor's Board, entitled "General Rules", effective 15 days hereafter.
June 19, 2000
In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6 this is to advise you that the Office of Regulatory Reform, Legal Division filed at 2:22 P.M. this date, administrative rule (00-06-05) for the Department of Environmental Quality, Surface Water Quality Division, entitled "Clean Water Fund", effective 15 days hereafter.
June 20, 2000
In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6 this is to advise you that the Office of Regulatory Reform, Legal Division filed at 2:15 P.M. this date, administrative rule (00-06-06) for the Department of Consumer and Industry Services, Director's Office, entitled "General Industry Safety Standards Part 78. Storage and Handling of Anhydrous Ammonia", effective 15 days hereafter.
June 20, 2000
In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6 this is to advise you that the Office of Regulatory Reform, Legal Division filed at 2:19 P.M. this date, administrative rule (00-06-07) for the Department of Consumer and Industry Services, Occupational Health Standards Commission, entitled "Oxygen Supply Equipment", effective 15 days hereafter.
June 20, 2000
In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6 this is to advise you that the Office of Regulatory Reform, Legal Division filed at 2:22 P.M. this date, administrative rule (00-06-08) for the Department of Consumer and Industry Services, Occupational Health Standards Commission, entitled "Mine Safety", effective 15 days hereafter.
June 20, 2000
In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6 this is to advise you that the Office of Regulatory Reform, Legal Division filed at 2:25 P.M. this date, administrative rule (00-06-09) for the Department of Consumer and Industry Services, Occupational Health Standards Commission, entitled "Abandoned and Idle Mines", effective 15 days hereafter.
June 26, 2000
In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6 this is to advise you that the Office of Regulatory Reform, Legal Division filed at 3:00 P.M. this date, administrative rule (00-06-10) for the Department of Consumer and Industry Services, Bureau of Workers' Disability Compensation, entitled "BWDC Health Care Services Rules (rescissions)", effective 15 days hereafter.
June 27, 2000
In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6 this is to advise you that the Office of Regulatory Reform, Legal Division filed at 3:55 P.M. this date, administrative rule (00-06-11) for the Department of Treasury, Michigan Higher Education Student Loan Authority, entitled "Michigan Alternative Student Loan Program", effective 7 days hereafter.
June 27, 2000
In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6 this is to advise you that the Office of Regulatory Reform, Legal Division filed at 4:00 P.M. this date, administrative rule (00-06-12) for the Department of Treasury, Bureau of Revenue, entitled "Recordkeeping and Retention Rules", effective 15 days hereafter.
July 11, 2000
In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6 this is to advise you that the Office of Regulatory Reform, Legal Division filed at 3:00 P.M. this date, administrative rule (00-07-01) for the Department of State Police, Traffic Services Section, entitled "Motorcycle Helmets", effective 15 days hereafter.
July 11, 2000
In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6 this is to advise you that the Office of Regulatory Reform, Legal Division filed at 3:05 P.M. this date, administrative rule (00-07-02) for the Department of Environmental Quality, Storage Tank Division, entitled "Storage and Handling of Liquefied Petroleum Gases", effective 15 days hereafter.
July 12, 2000
In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6 this is to advise you that the Office of Regulatory Reform, Legal Division filed at 11:40 A.M. this date, administrative rule (00-07-03) for the Department of Consumer and Industry Services, Director's Office, entitled "Accounting", effective 15 days hereafter.
July 12, 2000
In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6 this is to advise you that the Office of Regulatory Reform, Legal Division filed at 11:45 A.M. this date, administrative rule (00-07-04) for the Department of Environmental Quality, Surface Water Quality Division, entitled "Wastewater Reporting", effective 15 days hereafter.
July 17, 2000
In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6 this is to advise you that the Office of Regulatory Reform, Legal Division filed at 3:15 P.M. this date, administrative rule (00-07-05) for the Department of Treasury, Higher Education Assistance Authority, entitled "General Rules", effective 15 days hereafter.
July 21, 2000
In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6 this is to advise you that the Office of Regulatory Reform, Legal Division filed at 2:55 P.M. this date, administrative rule (00-07-06) for the Department of Consumer and Industry Services, Michigan State Housing Development Authority, entitled "General Rules", effective 15 days hereafter.
July 28, 2000
In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6 this is to advise you that the Office of Regulatory Reform, Legal Division filed at 11:00 A.M. this date, administrative rule (00-07-07) for the Department of Consumer and Industry Services, Director's Office, entitled "Methylenedianiline", effective 7 days hereafter.
July 28, 2000
In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6 this is to advise you that the Office of Regulatory Reform, Legal Division filed at 11:02 A.M. this date, administrative rule (00-07-08) for the Department of Consumer and Industry Services, Occupational Health Standards Commission, entitled "Hearings", effective 7 days hereafter.
July 28, 2000
In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6 this is to advise you that the Office of Regulatory Reform, Legal Division filed at 11:04 A.M. this date, administrative rule (00-07-09) for the Department of Consumer and Industry Services, Office of Financial and Insurance Services, entitled "Banks", effective 15 days hereafter.
July 28, 2000
In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6 this is to advise you that the Office of Regulatory Reform, Legal Division filed at 11:06 A.M. this date, administrative rule (00-07-10) for the Department of Consumer and Industry Services, Director's Office, entitled "Part 56. Liquefied Petroleum Gases", effective 7 days hereafter.
July 28, 2000
In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6 this is to advise you that the Office of Regulatory Reform, Legal Division filed at 11:08 A.M. this date, administrative rule (00-07-11) for the Department of Consumer and Industry Services, Director's Office, entitled "Asbestos", effective 15 days hereafter.
July 28, 2000
In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6 this is to advise you that the Office of Regulatory Reform, Legal Division filed at 11:12 A.M. this date, administrative rule (00-07-13) for the Department of Consumer and Industry Services, Director's Office, entitled "Personal Protective Equipment", effective 15 days hereafter.
July 28, 2000
In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6 this is to advise you that the Office of Regulatory Reform, Legal Division filed at 11:14 A.M. this date, administrative rule (00-07-14) for the Department of Consumer and Industry Services, Director's Office, entitled "Part 69. Compressed Air and Gases", effective 15 days hereafter.
July 28, 2000
In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6 this is to advise you that the Office of Regulatory Reform, Legal Division filed at 11:16 A.M. this date, administrative rule (00-07-15) for the Department of Consumer and Industry Services, Director's Office, entitled "Part 93. Air Receivers", effective 7 days hereafter.
August 3, 2000
In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6 this is to advise you that the Office of Regulatory Reform, Legal Division filed at 1:12 P.M. this date, administrative rule (00-08-01) for the Department of Agriculture, Financial Programs Regulation Section, entitled "Regulation No. 810. Thoroughbred Breeders' Awards and State Supplements", effective 15 days hereafter.
August 3, 2000
In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6 this is to advise you that the Office of Regulatory Reform, Legal Division filed at 1:16 P.M. this date, administrative rule (00-08-02) for the Department of Agriculture, Financial Programs Regulation Section, entitled "Regulation No. 821. Thoroughbred Sire Stakes Races", effective 15 days hereafter.
August 24, 2000
In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6 this is to advise you that the Office of Regulatory Reform, Legal Division filed at 2:55 P.M. this date, administrative rule (00-08-03) for the Department of Transportation, Aeronautics Commission, entitled "General Rules - Part 20. Seaplane Operations", effective 15 days hereafter.
August 24, 2000
In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6 this is to advise you that the Office of Regulatory Reform, Legal Division filed at 2:58 P.M. this date, administrative rule (00-08-04) for the Department of Consumer and Industry Services, Director's Office, entitled "Occupational Boards General Administrative Rules/Renewals", effective 7 days hereafter.
August 24, 2000
In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6 this is to advise you that the Office of Regulatory Reform, Legal Division filed at 3:00 P.M. this date, administrative rule (00-08-05) for the Department of Consumer and Industry Services, Director's Office, entitled "Occupational Boards General Administrative Rules/Refund of Fees", effective 7 days hereafter.
Sincerely,
Candice S. Miller
Secretary of State
Elena L. Beasley, Supervisor
Office of the Great Seal
The communications were referred to the Clerk.
The following communications from the Auditor General were received and read:
May 23, 2000
Enclosed is a copy of the audit report of the Selected Community Colleges' Activities Classification Structure Data (ACS) for the colleges' fiscal year 1998-99 (July 1, 1998 through June 30, 1999).
This report is being distributed to all community colleges. In compliance with the annual appropriations act, those colleges for which ACS data was subject to audit are required to submit a plan to address the audit recommendations.
September 6, 2000
Enclosed is a copy of the financial statements, together with the Auditor's Report, for the Bureau of State Lottery for the six-month period ended March 31, 2000.
If you have questions regarding this report, please call me, Michael J. Mayhew, C.P.A., Deputy Auditor General for Audits, or Michael R. Becker, C.P.A., Audit Division Administrator for audits of the Bureau of State Lottery.
Sincerely,
Thomas H. McTavish, C.P.A.
Auditor General
The communications were referred to the Clerk.
The following communications from the Auditor General were received and read:
June 19, 2000
Enclosed is a copy of the following audit report and/or executive digest:
Financial Audit of the
Michigan Economic Development Corporation
April 1, 1999 through September 30, 1999
June 20, 2000
Enclosed is a copy of the following audit report and/or executive digest:
Performance Audit of the
Automated Information Systems
Department of Treasury
June 2000
June 21, 2000
Enclosed is a copy of the following audit report and/or executive digest:
Performance Audit of
Western Michigan University
June 2000
June 21, 2000
Enclosed is a copy of the following audit report and/or executive digest:
Performance Audit of the
Grand Rapids Home for Veterans
Department of Military and Veterans Affairs
June 2000
June 30, 2000
Enclosed is a copy of the following audit report and/or executive digest:
Performance Audit of
Selected State Universities' Reporting of
Enrollment and Other Higher Education
Institutional Data Inventory (HEIDI) Data
Fiscal Year 1998-99
June 30, 2000
Enclosed is a copy of the following audit report and/or executive digest:
Financial Audit of the
State Treasurer's Annual Report
Department of Treasury
October 1, 1998 through September 30, 1999
July 24, 2000
Enclosed is a copy of the following audit report and/or executive digest:
Performance Audit of
Kalamazoo Valley Community College
July 2000
July 26, 2000
Enclosed is a copy of the following audit report and/or executive digest:
Performance Audit of the
Michigan Public Service Commission
Department of Consumer and Industry Services
July 2000
July 27, 2000
Enclosed is a copy of the following audit report and/or executive digest:
Performance and Financial Related Audit of the
Automated Information Systems
Michigan Department of Transportation
July 2000
August 9, 2000
Enclosed is a copy of the following audit report and/or executive digest:
Financial Audit, Including the Provisions
of the Single Audit Act, of the
Michigan Department of Transportation
October 1, 1996 through September 30, 1998
August 11, 2000
Enclosed is a copy of the following audit report and/or executive digest:
Performance Audit of
Central Michigan Community Mental Health Services
An Agency Under Contract with the
Department of Community Health
August 2000
August 16, 2000
Enclosed is a copy of the following audit report and/or executive digest:
Performance Audit of the
Michigan Insurance Bureau
Department of Consumer and Industry Services
August 2000
August 23, 2000
Enclosed is a copy of the following audit report and/or executive digest:
Performance Audit of the
Unclaimed Property Division
Department of Treasury
August 2000
September 5, 2000
Enclosed is a copy of the following audit report and/or executive digest:
Financial Audit of the
Michigan Liquor Control Commission
Department of Consumer and Industry Services
October 1, 1997 through September 30, 1999
September 5, 2000
Enclosed is a copy of the following audit report and/or executive digest:
Performance Audit of the
Michigan Schools for the Deaf and Blind
Department of Education
September 2000
September 11, 2000
Enclosed is a copy of the following audit report and/or executive digest:
Performance Audit of the
Ryan Correctional Facility
Department of Corrections
September 2000
September 14, 2000
Enclosed is a copy of the following audit report and/or executive digest:
Performance Audit of the
Environmental Stewardship,
Marketing and Communications, and
Pesticide and Plant Pest Management Divisions
and the Office of Agriculture Development
Department of Agriculture
September 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 State Budget Office was received and read:
June 28, 2000
This letter transmits the "Statement of the Proportion of Total State Spending From State Sources Paid to Units of Local Government - Legal Basis" for fiscal year 1998-99, which has been prepared in accordance with Sections 18.1115(5), 18.1303-18.1305, 18.1349, 18.1350, 18.1497, and 18.1498 of the Michigan Compiled Laws for the purpose of demonstrating compliance with Article 9, Section 30 of the Michigan Constitution.
The statement has been reviewed by the Office of the Auditor General and a copy of their independent accountant's review letter is enclosed.
If you have any questions regarding this report, please contact Mr. Leon E. Hank, Director, Office of Financial Management, at 373-1010.
Sincerely,
Mary A. Lannoye
State Budget Director
The communication was referred to the Clerk.
The following communication from the Department of State Police was received and read:
July 1, 2000
Transmitted is the 1999 Michigan Annual Drunk Driving Audit Report. This report is produced by the Michigan Department of State Police in compliance with the Michigan Vehicle Code (MCL 257.625).
Sincerely,
Col. Michael D. Robinson,
Director
The communication was referred to the Clerk.
The following communication from the Department of Treasury was received and read:
July 10, 2000
Enclosed for your review is the annual report for 1998-99 of both the Michigan Higher Education Assistance Authority and the Michigan Higher Education Student Loan Authority.
Public Act 77 of 1960, as amended, requires that the Michigan Higher Education Assistance Authority submit an annual report to the Governor and the Legislature.
If you have any questions concerning this report, please feel free to contact me.
Sincerely,
Mark A. Murray
State Treasurer
The communication was referred to the Clerk.
The following communication from the Department of Corrections was received and read:
July 26, 2000
Transmitted is a copy of the annual report of the Michigan Youth Correctional Facility as required by statute.
Michigan Compiled Laws 791.220g, requires the Department of Corrections to report to the Senate and House committees responsible for legislation concerning corrections and to the Clerk of the House of Representatives and the Secretary of the Senate, on the operation of the Michigan Youth Correctional Facility.
If you have questions regarding this report, or request additional information, please feel free to contact me.
Sincerely,
Heidi Washington
Legislative Liaison
The communication was referred to the Clerk.
The following communication from the Department of Natural Resources was received and read:
July 31, 2000
Enclosed is a copy of the 2000 Recreation Grants Program round 1 results. The Recreation Grants Program consists of two programs: the Michigan Natural Resources Trust Fund (MNRTF) Program and the Clean Michigan Initiative (CMI)-Recreation Bond Program.
If you have any questions regarding the MNRTF or the CMI-Recreation Bond Programs, or the projects that were approved for funding, please contact Ms. Sharon L. Edgar, Chief of the Grants Administration Division at 517-241-3100, or you may contact me.
Sincerely,
K. L. Cool
Director
517-373-2329
The communication was referred to the Clerk.
The following communication from the Department of Consumer and Industry Services was received and read:
August 3, 2000
Enclosed for your information is a copy of the 1999 annual report for Michigan's Unemployment Agency.
Sincerely,
Jack F. Wheatley
Director
The following communication from the Department of Consumer and Industry Services was received and read:
August 15, 2000
Pursuant to Section 315 of PA 122 of 1999, we are enclosing copies of the following reports:
Type of Report Facility License No.
Approval Study Green Oak Center CA47022
Interim Evaluation Olympic Center CA47019
Special Investigation Summit Center CA47020
#0C0201016
Special Investigation Green Oak Center CA47022
#0C0208014
Special Investigation(s) Green Oak Center CA47022
#0C0208009
#0C0208010
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These reports were performed in compliance with the requirements of PA 116 of 1973 as amended, and the Administrative Rules for Child Caring Institutions.
If you have any questions regarding this information, please feel free to contact me at 373-3892.
Sincerely,
John R. Suckow, C.P.A.
Director,
Finance and Administrative Services
The following communication from the Department of Consumer and Industry Services was received and read:
August 21, 2000
Transmitted is a copy of the consolidated final report on the state of competition in the workers' compensation insurance market and the commercial liability insurance market, pursuant to Public Act 8 of 1982 and Public Act 318 of 1986.
I am also submitting my certification as to the presence of workable competition in the commercial liability insurance market and the workers' compensation insurance market.
Sincerely,
Frank M. Fitzgerald
Commissioner of the Office of
Financial and Insurance Services
The communications were referred to the Clerk.
The following communication from the Department of Environmental Quality was received and read:
September 1, 2000
Enclosed is the annual report regarding brownfield plans and work plans submitted to the Department of Environmental Quality (DEQ) pursuant to the reporting requirements of Section 15(12) of the Brownfield Redevelopment Financing Act, 1996 PA 381. The report summarizes information provided by local Brownfield Redevelopment authorities from July 24, 1996 (the effective date of the Act) through December 31, 1999.
If you have any questions regarding this or any other aspects of our cleanup and redevelopment program, please contact Mr. Alan J. Howard, Chief, Environmental Response Division, at 517-335-1104, or you may contact me.
Sincerely,
Russell J. Harding
Director
(517) 373-7917
The communication was referred to the Clerk.
Introduction of Bills
Rep. Bovin introduced
House Bill No. 5936, entitled
A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 34d (MCL 211.34d), as amended by 1996 PA 476.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Rep. Bradstreet introduced
House Bill No. 5937, entitled
A bill to provide for a military veterans cemetery; to authorize the purchase of land and to designate state land for a veterans cemetery; to receive and expend federal grants for a veterans cemetery; to prescribe duties for certain state officers; and to provide for an appropriation.
The bill was read a first time by its title and referred to the Committee on Veterans Affairs.
Rep. Patterson introduced
House Bill No. 5938, entitled
A bill to amend 1990 PA 187, entitled "The pupil transportation act," by amending section 55 (MCL 257.1855), as amended by 2000 PA 49.
The bill was read a first time by its title and referred to the Committee on Education.
Rep. Patterson introduced
House Bill No. 5939, entitled
A bill to amend 1925 PA 289, entitled "An act to create a bureau of criminal identification and records within the department of state police; to require peace officers, persons in charge of certain institutions, and others to make reports respecting juvenile offenses, crimes, and criminals to the state police; to require the fingerprinting of an accused by certain persons; and to provide penalties for violation of this act," by amending the title and sections 1, 1a, 2, 3, and 3a (MCL 28.241, 28.241a, 28.242, 28.243, and 28.243a), the title and sections 1 and 2 as amended by 1988 PA 40, section 1a as amended by 1996 PA 259, section 3 as amended by 1999 PA 266, and section 3a as amended by 1986 PA 231, and by adding section 8.
The bill was read a first time by its title and referred to the Committee on Criminal Law and Corrections.
Rep. Stamas introduced
House Bill No. 5940, entitled
A bill to amend 1909 PA 283, entitled "An act to revise, consolidate, and add to the laws relating to the establishment, opening, discontinuing, vacating, closing, altering, improvement, maintenance, and use of the public highways and private roads; the condemnation of property and gravel therefor; the building, repairing and preservation of bridges; maintaining public access to waterways under certain conditions; setting and protecting shade trees, drainage, and cutting weeds and brush within this state; providing for the election or appointment and defining the powers, duties, and compensation of state, county, township, and district highway officials; and to prescribe penalties and provide remedies," by amending section 18 (MCL 224.18), as amended by 1996 PA 218.
The bill was read a first time by its title and referred to the Committee on Transportation.
Rep. Stamas introduced
House Bill No. 5941, entitled
A bill to amend 1969 PA 296, entitled "An act to provide for the transfer of jurisdiction over highways; to provide for the final determination of disputes involving transfers of highway jurisdiction; and to supersede certain acts and parts of acts," by amending sections 1, 2, and 10 (MCL 247.851, 247.852, and 247.860).
The bill was read a first time by its title and referred to the Committee on Transportation.
Rep. Jamnick introduced
House Bill No. 5942, entitled
A bill to amend 1974 PA 258, entitled "Mental health code," by amending section 1028 (MCL 330.2028).
The bill was read a first time by its title and referred to the Committee on Criminal Law and Corrections.
Rep. Jamnick introduced
House Bill No. 5943, entitled
A bill to amend 1943 PA 184, entitled "Township zoning act," by amending sections 9 and 14 (MCL 125.279 and 125.284).
The bill was read a first time by its title and referred to the Committee on Local Government and Urban Policy.
Rep. Jamnick introduced
House Bill No. 5944, entitled
A bill to amend 1943 PA 183, entitled "County zoning act," by amending sections 9 and 14 (MCL 125.209 and 125.214).
The bill was read a first time by its title and referred to the Committee on Local Government and Urban Policy.
Rep. Jamnick introduced
House Bill No. 5945, entitled
A bill to amend 1921 PA 207, entitled "City and village zoning act," by amending section 4 (MCL 125.584).
The bill was read a first time by its title and referred to the Committee on Local Government and Urban Policy.
Rep. Patterson introduced
House Bill No. 5946, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 16a of chapter IX (MCL 769.16a), as amended by 1993 PA 85.
The bill was read a first time by its title and referred to the Committee on Criminal Law and Corrections.
Rep. Patterson introduced
House Bill No. 5947, entitled
A bill to amend 1943 PA 184, entitled "Township zoning act," by amending section 18 (MCL 125.288), as amended by 1990 PA 141.
The bill was read a first time by its title and referred to the Committee on Local Government and Urban Policy.
Rep. Schauer introduced
House Bill No. 5948, entitled
A bill to amend 1941 PA 122, entitled "An act to establish a revenue division of the department of treasury; to prescribe its powers and duties as the revenue collection agency of the state; to prescribe certain powers and duties of the state treasurer; to regulate the importation, stamping, and disposition of certain tobacco products; to create the position and to define the powers and duties of the state commissioner of revenue; to provide for the transfer of powers and duties now vested in certain other state boards, commissions, departments and offices; to prescribe certain duties of and require certain reports from the department of treasury; to provide procedures for the payment, administration, audit, assessment, levy of interests or penalties on, and appeals of taxes and tax liability; to prescribe its powers and duties if an agreement to act as agent for a city to administer, collect, and enforce the city income tax act on behalf of a city is entered into with any city; to provide an appropriation; to abolish the state board of tax administration; to prescribe penalties and provide remedies; and to declare the effect of this act," by amending sections 25 and 28 (MCL 205.25 and 205.28), section 25 as amended by 1986 PA 58 and section 28 as amended by 1998 PA 221, and by adding section 30d.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Rep. Jamnick introduced
House Bill No. 5949, entitled
A bill to amend 1974 PA 198, entitled "An act to provide for the establishment of plant rehabilitation districts and industrial development districts in local governmental units; to provide for the exemption from certain taxes; to levy and collect a specific tax upon the owners of certain facilities; to provide for the disposition of the tax; to provide for the obtaining and transferring of an exemption certificate and to prescribe the contents of those certificates; to prescribe the powers and duties of the state tax commission and certain officers of local governmental units; and to provide penalties," by amending the title and section 11 (MCL 207.561), section 11 as amended by 1996 PA 446.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Rep. Jamnick introduced
House Bill No. 5950, entitled
A bill to amend 1976 PA 451, entitled "The revised school code," (MCL 380.1 to 380.1852) by adding section 1535b.
The bill was read a first time by its title and referred to the Committee on Education.
Rep. Vander Roest introduced
House Bill No. 5951, entitled
A bill to amend 1980 PA 300, entitled "The public school employees retirement act of 1979," by amending section 5 (MCL 38.1305), as amended by 2000 PA 150.
The bill was read a first time by its title and referred to the Committee on Senior Health, Security and Retirement.
Rep. Rick Johnson introduced
House Bill No. 5952, entitled
A bill to amend 1851 PA 156, entitled "An act to define the powers and duties of the county boards of commissioners of the several counties, and to confer upon them certain local, administrative and legislative powers; and to prescribe penalties for the violation of the provisions of this act," by amending section 3 (MCL 46.3), as amended by 1998 PA 97.
The bill was read a first time by its title and referred to the Committee on Local Government and Urban Policy.
Rep. Rick Johnson introduced
House Bill No. 5953, entitled
A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending sections 1490, 1491, and 1492 (MCL 600.1490, 600.1491, and 600.1492), as added by 1998 PA 249.
The bill was read a first time by its title and referred to the Committee on Family and Civil Law.
Rep. Reeves introduced
House Bill No. 5954, entitled
A bill to amend 1980 PA 350, entitled "The nonprofit health care corporation reform act," (MCL 550.1101 to 550.1704) by adding section 416b.
The bill was read a first time by its title and referred to the Committee on Insurance and Financial Services.
Rep. Reeves introduced
House Bill No. 5955, entitled
A bill to amend 1956 PA 218, entitled "The insurance code of 1956," (MCL 500.100 to 500.8302) by adding section 3406p.
The bill was read a first time by its title and referred to the Committee on Insurance and Financial Services.
Rep. Scranton introduced
House Bill No. 5956, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 684 (MCL 257.684).
The bill was read a first time by its title and referred to the Committee on Transportation.
Rep. Law introduced
House Bill No. 5957, entitled
A bill to amend 1933 PA 167, entitled "General sales tax act," (MCL 205.51 to 205.78) by adding section 4aa.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Rep. Law introduced
House Bill No. 5958, entitled
A bill to amend 1980 PA 350, entitled "The nonprofit health care corporation reform act," by amending section 402c (MCL 550.1402c), as added by 1999 PA 228.
The bill was read a first time by its title and referred to the Committee on Insurance and Financial Services.
Rep. Law introduced
House Bill No. 5959, entitled
A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending section 2212b (MCL 500.2212b), as added by 1999 PA 230.
The bill was read a first time by its title and referred to the Committee on Insurance and Financial Services.
Rep. Hanley introduced
House Bill No. 5960, entitled
A bill to amend 1954 PA 116, entitled "Michigan election law," by amending sections 53, 54, 93, 94, 133, 134, 163, 164, 193, 194, 224, 225, 254, 256, 322, 322a, 349, and 351 (MCL 168.53, 168.54, 168.93, 168.94, 168.133, 168.134, 168.163, 168.164, 168.193, 168.194, 168.224, 168.225, 168.254, 168.256, 168.322, 168.322a, 168.349, and 168.351), sections 53, 163, 193, 224, 254, 322, and 349 as amended by 1999 PA 218, sections 93 and 133 as amended by 1996 PA 583, and section 164 as amended by 1990 PA 7.
The bill was read a first time by its title and referred to the Committee on Constitutional Law and Ethics.
Rep. Woronchak introduced
House Bill No. 5961, entitled
A bill to amend 1979 PA 94, entitled "The state school aid act of 1979," by amending section 31a (MCL 388.1631a), as amended by 2000 PA 297.
The bill was read a first time by its title and referred to the Committee on Appropriations.
Rep. Richner introduced
House Bill No. 5962, entitled
A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending sections 1304, 1304a, 1308, 1309, 1310, 1311, 1312, 1313, 1314, 1315, 1316, 1317, 1319, 1320, 1321, 1322, 1323, 1324, 1326, 1327, 1328, 1330, 1331, 1340, 1341, 1342, 1345, and 1346 (MCL 600.1304, 600.1304a, 600.1308, 600.1309, 600.1310, 600.1311, 600.1312, 600.1313, 600.1314, 600.1315, 600.1316, 600.1317, 600.1319, 600.1320, 600.1321, 600.1322, 600.1323, 600.1324, 600.1326, 600.1327, 600.1328, 600.1330, 600.1331, 600.1340, 600.1341, 600.1342, 600.1345, and 600.1346), sections 1304, 1310, 1311, and 1312 as amended by 1986 PA 104; and to repeal acts and parts of acts.
The bill was read a first time by its title and referred to the Committee on Family and Civil Law.
Rep. Vander Roest introduced
House Bill No. 5963, entitled
A bill to amend 1943 PA 240, entitled "State employees' retirement act," by amending section 27 (MCL 38.27), as amended by 1987 PA 241.
The bill was read a first time by its title and referred to the Committee on Senior Health, Security and Retirement.
Reps. Shulman, Gosselin, Hart, Koetje, Richner, Switalski, Van Woerkom, Jellema, Garcia, Birkholz and Gilbert introduced
House Bill No. 5964, entitled
A bill to amend 1991 PA 179, entitled "Michigan telecommunications act," (MCL 484.2101 to 484.2701) by adding section 323.
The bill was read a first time by its title and referred to the Committee on Energy and Technology.
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Rep. Kukuk moved that the House adjourn.
The motion prevailed, the time being 5:35 p.m.
The Speaker Pro Tempore declared the House adjourned until Wednesday, September 27, at 2:00 p.m.
GARY L. RANDALL
Clerk of the House of Representatives.