No. 24
STATE OF MICHIGAN
JOURNAL
OF THE
House of Representatives
91st Legislature
REGULAR SESSION OF 2002
House Chamber, Lansing, Wednesday, March 13, 2002.
2:00 p.m.
The House was called to order by Associate Speaker Pro Tempore Ehardt.
The roll was called by the Clerk of the House of Representatives, who announced that a quorum was present.
Adamini--present
Allen--present
Anderson--present
Basham--present
Bernero--present
Birkholz--present
Bisbee--present
Bishop--present
Bogardus--present
Bovin--present
Bradstreet--present
Brown, Bob--present
Brown, Cameron--present
Brown, Rich--present
Callahan--excused
Cassis--present
Caul--present
Clark--present
Clarke--present
Daniels--present
Dennis--present
DeRossett--present
DeVuyst--present
DeWeese--present
Drolet--present
Ehardt--present
Faunce--present
Frank--present
Garza--present
George--present
Gieleghem--present
Gilbert--present
Godchaux--present
Gosselin--present
Hager--present
Hale--present
Hansen--present
Hardman--present
Hart--present
Howell--present
Hummel--present
Jacobs--present
Jamnick--present
Jansen--excused
Jelinek--present
Johnson, Rick--present
Johnson, Ruth--present
Julian--present
Koetje--present
Kolb--present
Kooiman--present
Kowall--present
Kuipers--present
LaSata--present
Lemmons--present
Lipsey--present
Lockwood--present
Mans--present
McConico--present
Mead--present
Meyer--present
Middaugh--present
Minore--present
Mortimer--present
Murphy--present
Neumann--present
Newell--present
O'Neil--present
Palmer--present
Pappageorge--present
Patterson--present
Pestka--present
Phillips--present
Plakas--present
Pumford--present
Quarles--present
Raczkowski--present
Reeves--present
Richardville--present
Richner--present
Rison--present
Rivet--present
Rocca--present
Schauer--present
Schermesser--present
Scranton--present
Shackleton--present
Sheltrown--present
Shulman--present
Spade--present
Stallworth--present
Stamas--present
Stewart--present
Switalski--present
Tabor--present
Thomas--present
Toy--present
Van Woerkom--present
Vander Roest--present
Vander Veen--present
Vear--present
Voorhees--present
Waters--present
Whitmer--present
Williams--present
Wojno--present
Woodward--present
Woronchak--present
Zelenko--present
e/d/s = entered during session
Rep. Bob Brown, from the 16th District, offered the following invocation:
From Matthew 5: 3-11:
"Blessed are the poor in spirit: for theirs is the kingdom of heaven. Blessed are they that mourn: for they shall be comforted. Blessed are the meek: for they shall inherit the earth. Blessed are they which do hunger and thirst after righteousness: for they shall be filled. Blessed are the merciful: for they shall obtain mercy. Blessed are the pure in heart: for they shall seek God. Blessed are the peacemakers: for they shall be called the children of God. Blessed are they which are persecuted for righteousness' sake: for theirs is the kingdom of heaven. Blessed are ye, when men shall revile you, and persecute you, and shall say all manner of evil against you falsely, for My sake.
God, please bless this honorable body as we do the people's work this day. Amen."
______
Rep. Jacobs moved that Rep. Callahan be excused from today's and tomorrrow's session.
The motion prevailed.
Rep. Vander Roest moved that Rep. Jansen be excused from today's session.
The motion prevailed.
Reports of Standing Committees
The Committee on House Oversight and Operations, by Rep. Patterson, Chair, reported
House Bill No. 5665, entitled
A bill to amend 1919 PA 71, entitled "An act to provide for the formulation and establishment of a uniform system of accounting and reporting in the several departments, offices, and institutions of the state government, and in all county offices; to provide for the examination of the books and accounts of each state department, office, and institution, and of each county office; to provide for financial reports from all such departments, institutions, and offices, and for the tabulation and publication of comparative financial statistics relating thereto; to provide for the administration of this act; to provide for the powers and duties of the department of treasury, the auditor general, the library of Michigan and depository libraries, and other officers and entities; to provide penalties; and to provide for meeting the expense authorized by this act," by amending the title and sections 1, 2, 5, 6, 7, 8, 9, 10, 11, and 12 (MCL 21.41, 21.42, 21.45, 21.46, 21.47, 21.48, 21.49, 21.50, 21.51, and 21.52), the title as amended by 1996 PA 426, section 5 as amended by 1993 PA 196, and sections 11 and 12 as amended by 1985 PA 48; and to repeal acts and parts of acts.
With the recommendation that the substitute (H-1) be adopted and that the bill then pass.
The bill and substitute were referred to the order of Second Reading of Bills.
Favorable Roll Call
HB 5665 To Report Out:
Yeas: Reps. Patterson, Julian, Kuipers, Jacobs, Lipsey,
Nays: None.
The Committee on House Oversight and Operations, by Rep. Patterson, Chair, reported
House Bill No. 5750, entitled
A bill to amend 1984 PA 44, entitled "Motor fuels quality act," by amending section 4a (MCL 290.644a), as added by 1986 PA 127.
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 5750 To Report Out:
Yeas: Reps. Patterson, Julian, Kuipers, Jacobs, Lipsey,
Nays: None.
The Committee on House Oversight and Operations, by Rep. Patterson, Chair, reported
House Bill No. 5752, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by repealing sections 712 and 713 (MCL 257.712 and 257.713).
Without amendment and with the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
HB 5752 To Report Out:
Yeas: Reps. Patterson, Julian, Kuipers, Jacobs, Lipsey,
Nays: None.
The Committee on House Oversight and Operations, by Rep. Patterson, Chair, reported
House Bill No. 5754, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by repealing part 51 (MCL 324.5101 to 324.5103).
Without amendment and with the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
HB 5754 To Report Out:
Yeas: Reps. Patterson, Julian, Kuipers, Jacobs, Lipsey,
Nays: None.
The Committee on House Oversight and Operations, by Rep. Patterson, Chair, reported
House Bill No. 5755, entitled
A bill to repeal 1927 PA 98, entitled "An act authorizing the state highway commissioner of the state of Michigan to enter into an agreement with the Wisconsin state highway commission to construct an interstate bridge project extending from approximately the intersection of Ogden avenue and Chandler street in the city of Menominee, Michigan, in a straight line terminating at the approximate center of Dunlap square in the city of Marinette, Wisconsin, and to provide for the cost and expense thereof," (MCL 254.121 to 254.123).
Without amendment and with the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
HB 5755 To Report Out:
Yeas: Reps. Patterson, Julian, Kuipers, Jacobs, Lipsey,
Nays: None.
The Committee on House Oversight and Operations, by Rep. Patterson, Chair, reported
Senate Bill No. 1057, entitled
A bill to amend 1925 PA 12, entitled "An act to provide for the laying out and establishing of additional trunk line mileage; to make all roads that have been improved as federal aid projects, and all roads that have been, or that may hereafter be, approved for federal aid, trunk line highways; to provide for the widening, altering or straightening of trunk line highways; to provide for the abandonment, alteration or change of any portion of the trunk line highway; and to repeal all acts and parts of acts inconsistent herewith," by repealing section 2 (MCL 250.112).
Without amendment and with the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
SB 1057 To Report Out:
Yeas: Reps. Patterson, Julian, Kuipers, Jacobs, Lipsey,
Nays: None.
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Patterson, Chair of the Committee on House Oversight and Operations, was received and read:
Meeting held on: Wednesday, March 13, 2002, at 10:30 a.m.,
Present: Reps. Patterson, Julian, Kuipers, Jacobs, Lipsey.
The Committee on Energy and Technology, by Rep. Bradstreet, Chair, reported
Senate Bill No. 880, entitled
A bill to create a telecommunication rights-of-way oversight authority; to provide for fees; to prescribe the powers and duties of municipalities and certain state agencies and officials; to provide for penalties; and to repeal acts and parts of acts.
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
SB 880 To Report Out:
Yeas: Reps. Bradstreet, Middaugh, Birkholz, Bisbee, Bishop, Cassis, Howell, Kowall, Richardville, Vander Veen, Bob Brown, Bovin, Daniels, Lemmons, Rivet, Schauer, Woodward,
Nays: None.
The Committee on Energy and Technology, by Rep. Bradstreet, Chair, reported
Senate Bill No. 881, entitled
A bill to create the Michigan broadband development authority; to create funds and accounts; to authorize the issuing of bonds and notes; to prescribe the powers and duties of the authority; and to provide incentives for the development of broadband services.
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
SB 881 To Report Out:
Yeas: Reps. Bradstreet, Middaugh, Birkholz, Bisbee, Bishop, Cassis, Howell, Kowall, Richardville, Vander Veen, Bob Brown, Bovin, Daniels, Lemmons, Rivet, Schauer, Woodward,
Nays: None.
The Committee on Energy and Technology, by Rep. Bradstreet, Chair, reported
Senate Bill No. 999, entitled
A bill to amend 1905 PA 282, entitled "An act to provide for the assessment of the property, by whomsoever owned, operated or conducted, of railroad companies, union station and depot companies, telegraph companies, telephone companies, sleeping car companies, express companies, car loaning companies, stock car companies, refrigerator car companies, and fast freight companies, and all other companies owning, leasing, running or operating any freight, stock, refrigerator, or any other cars, not being exclusively the property of any railroad company paying taxes upon its rolling stock under the provisions of this act, over or upon the line or lines of any railroad or railroads in this state, and for the levy of taxes thereon by a state board of assessors, and for the collection of such taxes, and to repeal all acts or parts of acts contravening any of the provisions of this act," (MCL 207.1 to 207.21) by adding section 13b.
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 999 To Report Out:
Yeas: Reps. Bradstreet, Middaugh, Birkholz, Bisbee, Bishop, Cassis, Howell, Kowall, Richardville, Vander Veen, Bob Brown, Bovin, Daniels, Lemmons, Rivet, Schauer, Woodward,
Nays: None.
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Bradstreet, Chair of the Committee on Energy and Technology, was received and read:
Meeting held on: Wednesday, March 13, 2002, at 8:00 a.m.,
Present: Reps. Bradstreet, Middaugh, Birkholz, Bisbee, Bishop, Cassis, Howell, Kowall, Richardville, Vander Veen, Bob Brown, Bovin, Daniels, Lemmons, Rivet, Schauer, Woodward.
The Committee on Appropriations, by Rep. Shulman, Chair, reported
House Bill No. 5643, entitled
A bill to make appropriations for the department of career development and the Michigan strategic fund and certain other state purposes for the fiscal year ending September 30, 2003; to provide for the expenditure of the appropriations; and to provide for the disposition of fees and other income received by the state agencies.
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 5643 To Report Out:
Yeas: Reps. Shulman, Cameron Brown, Caul, Godchaux, Jelinek, Kooiman, Mead, Mortimer, Newell, Pappageorge, Pumford, Shackleton, Stamas, Stewart, Toy, Vander Roest, Rich Brown, Clarke, Lockwood, Pestka, Plakas, Reeves, Stallworth, Switalski, Whitmer,
Nays: None.
The Committee on Appropriations, by Rep. Shulman, Chair, reported
House Bill No. 5649, entitled
A bill to make appropriations for the department of military and veterans affairs for the fiscal years ending September 30, 2002 and September 30, 2003; 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.
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 5649 To Report Out:
Yeas: Reps. Shulman, LaSata, Cameron Brown, Godchaux, Jelinek, Kooiman, Mead, Mortimer, Newell, Pappageorge, Pumford, Shackleton, Stamas, Stewart, Toy, Vander Roest, Frank, Rich Brown, Clarke, Lockwood, Pestka, Phillips, Plakas, Reeves, Stallworth, Switalski, Whitmer,
Nays: None.
The Committee on Appropriations, by Rep. Shulman, Chair, reported
House Bill No. 5650, entitled
A bill to make appropriations for the department of state police and certain other state purposes for the fiscal year ending September 30, 2003; 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.
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 5650 To Report Out:
Yeas: Reps. Shulman, LaSata, Cameron Brown, Caul, Godchaux, Jelinek, Kooiman, Mead, Mortimer, Newell, Pappageorge, Pumford, Shackleton, Stamas, Stewart, Toy, Vander Roest,
Nays: Reps. Clarke, Stallworth.
The Committee on Appropriations, by Rep. Shulman, Chair, reported
Senate Bill No. 1105, 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, 2003; to provide for the expenditures of those appropriations; and to prescribe the powers and duties of certain state departments, institutions, agencies, employees, and officers.
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
SB 1105 To Report Out:
Yeas: Reps. Shulman, Cameron Brown, Caul, Godchaux, Jelinek, Kooiman, Mead, Mortimer, Newell, Pappageorge, Pumford, Shackleton, Stamas, Stewart, Toy, Vander Roest, Rich Brown, Clarke, Lockwood, Pestka, Reeves, Stallworth, Switalski, Whitmer,
Nays: Reps. Frank, Plakas.
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Shulman, Chair of the Committee on Appropriations, was received and read:
Meeting held on: Tuesday, March 12, 2002, at 9:00 a.m.,
Present: Reps. Shulman, LaSata, Cameron Brown, Caul, Godchaux, Jelinek, Kooiman, Mead, Mortimer, Newell, Pappageorge, Pumford, Shackleton, Stamas, Stewart, Toy, Vander Roest, Frank, Rich Brown, Clarke, Lockwood, Pestka, Phillips, Plakas, Reeves, Stallworth, Switalski, Whitmer,
Absent: Rep. Jansen,
Excused: Rep. Jansen.
The Committee on Tax Policy, by Rep. Cassis, Chair, reported
Senate Bill No. 829, entitled
A bill to amend 1967 PA 55, entitled "An act relating to the management of state funds; to prescribe the powers and duties of the state treasurer and the state administrative board; and to repeal certain acts and parts of acts," by amending section 1 (MCL 12.51).
Without amendment and with the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
SB 829 To Report Out:
Yeas: Reps. Cassis, Vear, Drolet, Faunce, Gosselin, Kowall, Richardville, Woronchak, Basham, Bob Brown, O'Neil,
Nays: None.
The Committee on Tax Policy, by Rep. Cassis, Chair, reported
Senate Bill No. 830, entitled
A bill to amend 1965 PA 380, entitled "Executive organization act of 1965," by repealing section 88 (MCL 16.188).
Without amendment and with the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
SB 830 To Report Out:
Yeas: Reps. Cassis, Vear, Drolet, Faunce, Gosselin, Kowall, Richardville, Woronchak, Basham, Bob Brown, O'Neil,
Nays: None.
The Committee on Tax Policy, by Rep. Cassis, Chair, reported
Senate Bill No. 831, entitled
A bill to amend 1984 PA 431, entitled "The management and budget act," by amending section 389 (MCL 18.1389), as amended by 1988 PA 504.
Without amendment and with the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
SB 831 To Report Out:
Yeas: Reps. Cassis, Vear, Drolet, Faunce, Gosselin, Kowall, Richardville, Woronchak, Basham, Bob Brown, O'Neil,
Nays: None.
The Committee on Tax Policy, by Rep. Cassis, Chair, reported
Senate Bill No. 832, entitled
A bill to amend 1955 PA 70, entitled "An act to authorize cities to acquire and operate exhibition areas for commercial, industrial and agricultural products; to provide for the issuance of bonds to finance the cost thereof; to authorize the fixing and collecting of fees and other charges for the use of facilities therein; and to authorize the making of reasonable rules and regulations relative to the public use of facilities therein," by amending section 5 (MCL 123.655).
Without amendment and with the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
SB 832 To Report Out:
Yeas: Reps. Cassis, Vear, Drolet, Faunce, Gosselin, Kowall, Meyer, Richardville, Woronchak, Basham, Bob Brown, O'Neil,
Nays: None.
The Committee on Tax Policy, by Rep. Cassis, Chair, reported
Senate Bill No. 833, entitled
A bill to amend 1933 PA 99, entitled "An act to authorize villages, townships, cities, and school districts to enter into contracts and agreements for the purchase of real or personal property for public purposes; to provide for the payment of the purchase price thereof; to authorize school districts to enter into certain other contracts; and to prescribe the use of the real or personal property," by amending section 1 (MCL 123.721), as amended by 1997 PA 77.
Without amendment and with the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
SB 833 To Report Out:
Yeas: Reps. Cassis, Vear, Drolet, Faunce, Gosselin, Kowall, Meyer, Richardville, Woronchak, Basham, Bob Brown, O'Neil,
Nays: None.
The Committee on Tax Policy, by Rep. Cassis, Chair, reported
Senate Bill No. 835, entitled
A bill to amend 1980 PA 450, entitled "The tax increment finance authority act," by amending section 15 (MCL 125.1815), as amended by 1996 PA 271.
Without amendment and with the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
SB 835 To Report Out:
Yeas: Reps. Cassis, Vear, Drolet, Faunce, Gosselin, Kowall, Meyer, Richardville, Woronchak, Basham, Bob Brown, O'Neil,
Nays: None.
The Committee on Tax Policy, by Rep. Cassis, Chair, reported
Senate Bill No. 836, entitled
A bill to amend 1994 PA 325, entitled "The international tradeport development authority act," by amending section 16 (MCL 125.2536); and to repeal acts and parts of acts.
Without amendment and with the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
SB 836 To Report Out:
Yeas: Reps. Cassis, Vear, Drolet, Faunce, Gosselin, Kowall, Meyer, Richardville, Woronchak, Basham, Bob Brown, O'Neil,
Nays: None.
The Committee on Tax Policy, by Rep. Cassis, Chair, reported
Senate Bill No. 837, entitled
A bill to amend 1995 PA 280, entitled "An act to authorize local units of government to accept financial transaction device payments," by amending section 1 (MCL 129.221).
Without amendment and with the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
SB 837 To Report Out:
Yeas: Reps. Cassis, Vear, Drolet, Faunce, Gosselin, Kowall, Meyer, Richardville, Woronchak, Basham, Bob Brown, O'Neil,
Nays: None.
The Committee on Tax Policy, by Rep. Cassis, Chair, reported
Senate Bill No. 838, entitled
A bill to amend 1995 PA 266, entitled "An act to authorize and regulate credit card transactions involving local units of government, including the use of credit cards by officers and employees of local units of government; and to provide for powers and duties of certain state and local agencies, officers, and employees," by amending sections 1 and 2 (MCL 129.241 and 129.242), section 1 as amended by 2000 PA 169.
Without amendment and with the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
SB 838 To Report Out:
Yeas: Reps. Cassis, Vear, Drolet, Faunce, Gosselin, Kowall, Meyer, Richardville, Woronchak, Basham, Bob Brown, O'Neil,
Nays: None.
The Committee on Tax Policy, by Rep. Cassis, Chair, reported
Senate Bill No. 839, entitled
A bill to amend 1968 PA 2, entitled "Uniform budgeting and accounting act," by amending section 4 (MCL 141.424), as amended by 2000 PA 493.
Without amendment and with the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
SB 839 To Report Out:
Yeas: Reps. Cassis, Vear, Drolet, Faunce, Gosselin, Kowall, Meyer, Richardville, Woronchak, Basham, Bob Brown, O'Neil,
Nays: None.
The Committee on Tax Policy, by Rep. Cassis, Chair, reported
Senate Bill No. 842, entitled
A bill to repeal 1998 PA 379, entitled "Michigan tax lien sale and collateralized securities act," (MCL 211.921 to 211.941).
Without amendment and with the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
SB 842 To Report Out:
Yeas: Reps. Cassis, Vear, Drolet, Faunce, Gosselin, Kowall, Meyer, Richardville, Woronchak, Basham, Bob Brown, O'Neil,
Nays: None.
The Committee on Tax Policy, by Rep. Cassis, Chair, reported
Senate Bill No. 843, entitled
A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 6097 (MCL 600.6097), as amended by 1984 PA 393.
Without amendment and with the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
SB 843 To Report Out:
Yeas: Reps. Cassis, Vear, Drolet, Faunce, Gosselin, Kowall, Meyer, Richardville, Woronchak, Basham, Bob Brown, O'Neil,
Nays: None.
The Committee on Tax Policy, by Rep. Cassis, Chair, reported
Senate Bill No. 844, entitled
A bill to repeal 1992 PA 275, entitled "The federal facility development act," (MCL 3.931 to 3.940); 1993 PA 126, entitled "The federal data facility act," (MCL 3.951 to 3.961); and section 483 of 1967 PA 281, entitled "Income tax act of 1967," (MCL 206.483).
Without amendment and with the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
SB 844 To Report Out:
Yeas: Reps. Cassis, Vear, Drolet, Faunce, Gosselin, Kowall, Meyer, Richardville, Woronchak, Basham, Bob Brown, O'Neil,
Nays: None.
The Committee on Tax Policy, by Rep. Cassis, Chair, reported
Senate Bill No. 845, entitled
A bill to amend 1846 RS 16, entitled "Of the powers and duties of townships, the election and duties of township officers, and the division of townships," by amending section 75b (MCL 41.75b), as amended by 1990 PA 230.
Without amendment and with the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
SB 845 To Report Out:
Yeas: Reps. Cassis, Vear, Drolet, Faunce, Gosselin, Kowall, Meyer, Richardville, Woronchak, Basham, Bob Brown, O'Neil,
Nays: None.
The Committee on Tax Policy, by Rep. Cassis, Chair, reported
Senate Bill No. 846, entitled
A bill to amend 1931 PA 246, entitled "An act to provide for the construction, repair, and maintenance of pavements, sidewalks, and elevated structures on or along public roads and highways; to provide for the levying of taxes and of special assessments; to authorize the borrowing of money and the issuance of bonds; to prescribe the powers and duties of certain state and local agencies and officers; to validate actions taken, special assessments levied, and bonds issued; and to provide for the lighting of certain roads, highways, and bridges," by amending section 13a (MCL 41.283a).
Without amendment and with the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
SB 846 To Report Out:
Yeas: Reps. Cassis, Vear, Drolet, Faunce, Gosselin, Kowall, Meyer, Richardville, Woronchak, Basham, Bob Brown, O'Neil,
Nays: None.
The Committee on Tax Policy, by Rep. Cassis, Chair, reported
Senate Bill No. 847, entitled
A bill to amend 1941 PA 107, entitled "An act to authorize township water supply and sewage disposal services and facilities; to provide for financing of those services and facilities; to prescribe the powers and duties of township boards with respect to those services and facilities; and to prescribe penalties and provide remedies," by amending sections 8, 20m, and 20o (MCL 41.338, 41.350m, and 41.350o), section 8 as amended and sections 20m and 20o as added by 1989 PA 83.
Without amendment and with the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
SB 847 To Report Out:
Yeas: Reps. Cassis, Vear, Drolet, Faunce, Gosselin, Kowall, Meyer, Richardville, Woronchak, Basham, Bob Brown, O'Neil,
Nays: None.
The Committee on Tax Policy, by Rep. Cassis, Chair, reported
Senate Bill No. 848, entitled
A bill to amend 1923 PA 116, entitled "Township and village public improvement and public service act," by amending section 6c (MCL 41.416c), as added by 1989 PA 82.
Without amendment and with the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
SB 848 To Report Out:
Yeas: Reps. Cassis, Vear, Drolet, Faunce, Gosselin, Kowall, Meyer, Richardville, Woronchak, Basham, Bob Brown, O'Neil,
Nays: None.
The Committee on Tax Policy, by Rep. Cassis, Chair, reported
Senate Bill No. 849, entitled
A bill to amend 1905 PA 157, entitled "An act to provide for the acquisition, maintenance, management, and control of township parks, resorts, bathing beaches, and places of recreation; to provide for the creation of a township park commission; to provide for a board of commissioners to provide for the issuance of bonds and the levy of taxes; to provide for the transfer of certain real property for parks; to authorize cities and villages to appropriate money for park purposes; to provide for the acquisition, construction, and use of wharves, piers, docks, and landing places in townships; to provide the powers and duties of certain local units of government and certain officials; and to prescribe penalties and provide remedies," by amending section 6d (MCL 41.426d), as added by 1989 PA 79.
Without amendment and with the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
SB 849 To Report Out:
Yeas: Reps. Cassis, Vear, Drolet, Faunce, Gosselin, Kowall, Meyer, Richardville, Woronchak, Basham, Bob Brown, O'Neil,
Nays: None.
The Committee on Tax Policy, by Rep. Cassis, Chair, reported
Senate Bill No. 850, entitled
A bill to amend 1954 PA 188, entitled "An act to provide for the making of certain improvements by townships; to provide for paying for the improvements by the issuance of bonds; to provide for the levying of taxes; to provide for assessing the whole or a part of the cost of improvements against property benefited; and to provide for the issuance of bonds in anticipation of the collection of special assessments and for the obligation of the township on the bonds," by amending section 15 (MCL 41.735).
Without amendment and with the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
SB 850 To Report Out:
Yeas: Reps. Cassis, Vear, Drolet, Faunce, Gosselin, Kowall, Meyer, Richardville, Woronchak, Basham, Bob Brown, O'Neil,
Nays: None.
The Committee on Tax Policy, by Rep. Cassis, Chair, reported
Senate Bill No. 851, entitled
A bill to amend 1947 PA 359, entitled "The charter township act," by amending section 14a (MCL 42.14a), as amended by 1995 PA 212.
Without amendment and with the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
SB 851 To Report Out:
Yeas: Reps. Cassis, Vear, Drolet, Faunce, Gosselin, Kowall, Meyer, Richardville, Woronchak, Basham, Bob Brown, O'Neil,
Nays: None
The Committee on Tax Policy, by Rep. Cassis, Chair, reported
Senate Bill No. 852, 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 11c (MCL 46.11c), as amended by 1989 PA 30.
Without amendment and with the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
SB 852 To Report Out:
Yeas: Reps. Cassis, Vear, Drolet, Faunce, Gosselin, Kowall, Meyer, Richardville, Woronchak, Basham, Bob Brown, O'Neil,
Nays: None.
The Committee on Tax Policy, by Rep. Cassis, Chair, reported
Senate Bill No. 853, entitled
A bill to amend 1895 PA 3, entitled "The general law village act," by amending section 36 of chapter VIII, sections 5, 21, and 25 of chapter IX, and sections 4 and 5 of chapter XII (MCL 68.36, 69.5, 69.21, 69.25, 72.4, and 72.5), section 36 of chapter VIII as amended by 1989 PA 28 and sections 5, 21, and 25 of chapter IX and sections 4 and 5 of chapter XII as amended by 1998 PA 254.
Without amendment and with the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
SB 853 To Report Out:
Yeas: Reps. Cassis, Vear, Drolet, Faunce, Gosselin, Kowall, Meyer, Richardville, Woronchak, Basham, Bob Brown, O'Neil,
Nays: None.
The Committee on Tax Policy, by Rep. Cassis, Chair, reported
Senate Bill No. 854, entitled
A bill to amend 1909 PA 278, entitled "The home rule village act," by amending section 24b (MCL 78.24b), as amended by 1989 PA 29.
Without amendment and with the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
SB 854 To Report Out:
Yeas: Reps. Cassis, Vear, Drolet, Faunce, Gosselin, Kowall, Meyer, Richardville, Woronchak, Basham, Bob Brown, O'Neil,
Nays: None.
The Committee on Tax Policy, by Rep. Cassis, Chair, reported
Senate Bill No. 855, entitled
A bill to amend 1895 PA 215, entitled "The fourth class city act," by amending sections 10 and 25 (MCL 107.10 and 110.25), section 10 as amended by 1983 PA 45.
Without amendment and with the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
SB 855 To Report Out:
Yeas: Reps. Cassis, Vear, Drolet, Faunce, Gosselin, Kowall, Meyer, Richardville, Woronchak, Basham, Bob Brown, O'Neil,
Nays: None.
The Committee on Tax Policy, by Rep. Cassis, Chair, reported
Senate Bill No. 856, entitled
A bill to amend 1948 (1st Ex Sess) PA 31, entitled "An act to provide for the incorporation of authorities to acquire, furnish, equip, own, improve, enlarge, operate, and maintain buildings, automobile parking lots or structures, recreational facilities, stadiums, and the necessary site or sites therefor, together with appurtenant properties and facilities necessary or convenient for the effective use thereof, for the use of any county, city, village, or township, or for the use of any combination of 2 or more counties, cities, villages, or townships, or for the use of any school district and any city, village, or township wholly or partially within the district's boundaries, or for the use of any school district and any combination of 2 or more cities, villages, or townships wholly or partially within the district's boundaries, or for the use of any intermediate school district and any constituent school district or any city, village, or township, wholly or partially within the intermediate school district's boundaries; to provide for compensation of authority commissioners; to permit transfers of property to authorities; to authorize the execution of contracts, leases, and subleases pertaining to authority property and the use of authority property; to authorize incorporating units to impose taxes without limitation as to rate or amount and to pledge their full faith and credit for the payment of contract of lease obligations in anticipation of which bonds are issued by an authority; to provide for the issuance of bonds by such authorities; to validate action taken and bonds issued; to provide other powers, rights, and duties of authorities and incorporating units, including those for the disposal of authority property; and to prescribe penalties and provide remedies," by amending section 11j (MCL 123.961j), as amended by 1983 PA 29; and to repeal acts and parts of acts.
Without amendment and with the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
SB 856 To Report Out:
Yeas: Reps. Cassis, Vear, Drolet, Faunce, Gosselin, Kowall, Meyer, Richardville, Woronchak, Basham, Bob Brown, O'Neil,
Nays: None.
The Committee on Tax Policy, by Rep. Cassis, Chair, reported
Senate Bill No. 857, entitled
A bill to amend 1994 PA 425, entitled "An act to provide for the creation of community swimming pool authorities; to provide powers and duties of the authorities; to provide for the levy of a tax by the authorities; and to provide for the collection and distribution of the tax," by amending sections 9 and 11 (MCL 123.1069 and 123.1071).
Without amendment and with the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
SB 857 To Report Out:
Yeas: Reps. Cassis, Vear, Drolet, Faunce, Gosselin, Kowall, Meyer, Richardville, Woronchak, Basham, Bob Brown, O'Neil,
Nays: None.
The Committee on Tax Policy, by Rep. Cassis, Chair, reported
Senate Bill No. 858, entitled
A bill to amend 2000 PA 321, entitled "Recreational authorities act," by amending section 21 (MCL 123.1151).
Without amendment and with the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
SB 858 To Report Out:
Yeas: Reps. Cassis, Vear, Drolet, Faunce, Gosselin, Kowall, Meyer, Richardville, Woronchak, Basham, Bob Brown, O'Neil,
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: Wednesday, March 13, 2002, at 10:30 a.m.,
Present: Reps. Cassis, Vear, Drolet, Faunce, Gosselin, Kowall, Meyer, Richardville, Woronchak, Basham, Bob Brown, O'Neil,
Absent: Reps. Newell, Quarles, Hale, Minore, Wojno,
Excused: Reps. Newell, Quarles, Hale, Minore, Wojno.
Messages from the Governor
The following message from the Governor was received March 13, 2002 and read:
EXECUTIVE ORDER
No. 2002 - 3
MICHIGAN PUBLIC EDUCATIONAL FACILITIES AUTHORITY
MICHIGAN STRATEGIC FUND
MICHIGAN MUNICIPAL BOND AUTHORITY
MICHIGAN DEPARTMENT OF TREASURY
EXECUTIVE REORGANIZATION
WHEREAS, Article V, Section 1, of the Constitution of the state of Michigan of 1963 vests the executive power in the Governor; and
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 state of Michigan has public schools that are in need of new public educational facilities or whose existing public educational facilities are in need of renovation and remodeling; and
WHEREAS, the United States Congress recently passed, and President George W. Bush signed, The Economic Growth and Tax Relief Reconciliation Act of 2001, which includes a provision authorizing the issuance of "qualified public educational facility bonds" as exempt facility bonds under Section 142 of the Internal Revenue Code of 1986, as amended, being 26 USC 142; and
WHEREAS, The Economic Growth and Tax Relief Reconciliation Act of 2001 limits the amount of qualified public educational facility bonds that may be issued as tax-exempt bonds and provides that the state may allocate the amount of qualified public educational facility bonds in such manner as the state deems appropriate; and
WHEREAS, the availability of exempt facility bonds for qualified public educational facilities will provide public schools across the country with a means for addressing the difficulties encountered in financing the construction, rehabilitation, refurbishing or equipping of public educational facilities; and
WHEREAS, the state can effectively and efficiently provide for a qualified public educational facility bond program by establishing a new authority, the Michigan Public Educational Facilities Authority, within the Department of Treasury; and
WHEREAS, the creation of the Michigan Public Educational Facilities Authority may also create an opportunity for the state of Michigan to partner with other states to facilitate the acquisition of capital for the construction, rehabilitation, refurbishing or equipping of qualified public educational facilities; and
WHEREAS, it is necessary in the interests of efficient administration and good 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:
I. DEFINITIONS
As used herein:
A. "Authority" means the Michigan Public Educational Facilities Authority created by this Order.
B. "Board" means the Michigan Public Educational Facilities Authority Board of Trustees created by this Order.
C. The "Center for Educational Performance and Information" means the temporary state agency created by Executive Order 2000-9, being Section 388.996 et seq. of the Michigan Compiled Laws.
D. The "Department of Treasury" means the principal department created by Section 75 of Act No. 380 of the Public Acts of 1965, being Section 16.175 of the Michigan Compiled Laws.
E. The "Michigan Municipal Bond Authority" means the body corporate created under the Shared Credit Rating Act, Act No. 227 of the Public Acts of 1985, as amended, being Section 141.1051 et seq. of the Michigan Compiled Laws, and includes the Michigan Municipal Bond Authority Board of Trustees.
F. The "Michigan Strategic Fund" means the public body corporate and politic created under Act No. 270 of the Public Acts of 1984, as amended, being Section 125.2001 et seq. of the Michigan Compiled Laws, and includes the Michigan Strategic Fund Board of Directors.
G. "Public School" means a public elementary or secondary educational entity or agency that is established under the Revised School Code, Act No. 451 of the Public Acts of 1976, as amended, being Section 380.1 et seq. of the Michigan Compiled Laws, and has as its primary mission the teaching and learning of academic and vocational-technical skills and knowledge, and is operated by a school district, local act school district, special act school district, intermediate school district, public school academy corporation, strict discipline academy corporation, or by the Department of Education or the State Board of Education. Public school also includes a laboratory school or other elementary or secondary school that is controlled and operated by a state public university described in Article VIII, Section 4, 5 or 6, of the Constitution of the state of Michigan of 1963.
H. "Qualified Public Educational Facility" shall have the same meaning as defined in Section 422 of The Economic Growth and Tax Relief Reconciliation Act of 2001, codified in Section 142 of the Internal Revenue Code of 1986, as amended, being 26 USC 142.
II. CREATION OF THE MICHIGAN PUBLIC EDUCATIONAL FACILITIES AUTHORITY
A. The Michigan Public Educational Facilities Authority is hereby created as a public body corporate and politic. The authority shall be located within the Department of Treasury and shall exercise the powers transferred or assigned to it by this executive order independently of the State Treasurer, except that budgeting, personnel, procurement and related functions shall be performed under the direction and supervision of the State Treasurer.
B. The purposes, powers and duties of the authority shall be vested in and exercised by a board of trustees consisting of:
1. The State Treasurer, who may appoint a representative from the Department of Treasury to serve as a voting member of the board in the absence of the State Treasurer.
2. Four (4) trustees appointed by the governor, with the advice and consent of the Senate. Not more than two (2) of the trustees appointed under this subsection shall be members of the same political party.
C. Except as otherwise provided in this subsection, appointed trustees shall hold office for a term of four (4) years. However, of the trustees initially appointed, the Governor shall designate two (2) to serve a term of four (4) years, one (1) to serve a term of three (3) years, and one (1) to serve a term of two (2) years.
D. A vacancy on the board caused by the expiration of a term or other cause of termination of membership on the board shall be filled in the same manner as the original appointment.
E. A trustee appointed to fill a vacancy created other than by expiration of a term shall be appointed for the unexpired term of the trustee who he or she is to succeed in the same manner as the original appointment. A trustee may be reappointed for additional terms.
III. OPERATIONS OF THE MICHIGAN PUBLIC EDUCATIONAL FACILITIES AUTHORITY BOARD OF TRUSTEES
A. The Governor shall designate one trustee to serve as chairperson of the board. The chairperson shall serve as chairperson at the pleasure of the Governor.
B. The board may adopt bylaws, not inconsistent with law and with this Order, governing its organization, operation and procedure.
C. The business which the board may perform shall be conducted at a public meeting of the board held in compliance with the Open Meetings Act, Act No. 267 of the Public Acts of 1976, being Section 15.261 et seq. of the Michigan Compiled Laws. Public notice of the time, date, and place of the meeting shall be given in the manner required by Act No. 267 of the Public Acts of 1976.
D. A majority of the serving trustees constitutes a quorum for the transaction of business at a meeting. The board shall act by a majority vote of the trustees present at a meeting.
E. The board shall meet at the call of the chairperson and as may be provided in the bylaws of the board. Meetings of the board may be held at any location within the state of Michigan.
F. The board may, as appropriate, make inquiries, studies, and investigations, hold hearings, and receive comments from the public.
G. Trustees shall serve without compensation. Trustees may receive reimbursement for necessary travel and expenses according to the relevant procedures of the Civil Service Commission and the Department of Management and Budget.
H. 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 the board and the performance of its duties as the board 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.
I. Subject to appropriations and other applicable law, the board may apply for, receive and expend monies from any source, public or private, including but not limited to, gifts, grants, donations of monies and government appropriations. The board may also accept donations of labor, services or other things of value from any public or private agency or person.
J. The authority shall be staffed by personnel within the Department of Treasury, as designated by the State Treasurer.
IV. MICHIGAN STRATEGIC FUND
All the statutory authority, powers, duties, functions and responsibilities with respect to a commercial enterprise involving the construction, rehabilitation, refurbishing or equipping of school facilities that are occupied or to be occupied by a public school, provided under the Michigan Strategic Fund Act, Act No. 270 of the Public Acts of 1984, as amended, being Section 125.2001 et seq. of the Michigan Compiled Laws, including without limitation the power to issue bonds and notes and to enter into contracts, are hereby transferred from the Michigan Strategic Fund and the Michigan Strategic Fund Board of Directors to the Michigan Public Educational Facilities Authority and the Michigan Public Educational Facilities Authority Board of Trustees.
V. BOND VOLUME ALLOCATION
The authority is hereby designated and authorized to receive and utilize all allocations of the amount of tax-exempt obligations that may be issued to finance qualified public educational facilities as provided by Section 142(k)(5) of the Internal Revenue Code of 1986, as amended, being 26 USC 142(k)(5).
VI. MICHIGAN MUNICIPAL BOND AUTHORITY
A. Except as provided in Paragraph B, the statutory authority, powers, duties, functions and responsibilities of the Michigan Municipal Bond Authority and the Michigan Municipal Bond Authority Board of Trustees, including without limitation the power to issue bonds and notes and enter into contracts, as such authority, powers, duties, functions and responsibilities relate to governmental units which are a public school academy or a laboratory school or other elementary or secondary school that is controlled and operated by a state public university described in Article VIII, Section 4, 5 or 6, of the constitution of the state of Michigan of 1963, including but not limited to the statutory authority, powers, duties, functions and responsibilities set forth in the Shared Credit Rating Act, Act No. 227 of the Public Acts of 1985, as amended, being Section 141.1051 et seq. of the Michigan Compiled Laws, Section 1225 of the Revised School Code, Act No. 451 of the Public Acts of 1976, as amended, being Section 380.1225 of the Michigan Compiled Laws, and the State School Aid Act of 1979, Act No. 94 of the Public Acts of 1979, as amended, being Section 388.1601 et seq. of the Michigan Compiled Laws, are hereby transferred from the Michigan Municipal Bond Authority and the Michigan Municipal Bond Authority Board of Trustees to the Michigan Public Educational Facilities Authority and the Michigan Public Educational Facilities Authority Board of Trustees.
B. The transfer provided for in Subsection A. does not transfer the authorities, powers, duties, functions, responsibilities, rights and obligations of the Michigan Municipal Bond Authority and the Michigan Municipal Bond Authority Board of Trustees related to:
1. any outstanding public school academy bonds or notes or any reserve or trust funds relating to such bonds or notes; or
2. any long-term public school academy facility program financing for which an application was submitted to the Michigan Municipal Bond Authority on July 23, 2001, including that portion of the appropriation for public school academy financing to be deposited into the reserve fund for that transaction.
VII. MISCELLANEOUS
A. The State Treasurer shall provide executive direction and supervision for the implementation of all transfers of authority to the Michigan Public Educational Facilities Authority made under this Order.
B. The State Treasurer shall administer the assigned functions transferred by this Order 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.
C. The State Treasurer shall identify the program positions and administrative function positions that will be transferred to the Michigan Public Educational Facilities Authority according to the terms of this Order. The State Treasurer shall develop an agreement specifying these positions no later than the effective date of this Order.
D. The State Treasurer shall immediately initiate coordination with the directors of all other state departments and agencies having authority transferred to the Michigan Public Educational Facilities Authority under this Order to facilitate the transfer and to develop memoranda of record identifying any pending settlements, issues of compliance with applicable federal and state laws and regulations, or other obligations to be resolved related to the authority to be transferred.
E. All records, personnel, property, grants and unexpended balances of appropriations, allocations and other funds used, held, employed, available or to be made available to any entity for the activities, powers, duties, functions and responsibilities transferred from the Michigan Municipal Bond Authority and the Michigan Strategic Fund by this Order are hereby transferred to the Michigan Public Educational Facilities Authority.
F. The State Treasurer may request the assistance of other state agencies with respect to personnel, budgeting, procurement, information systems and other management-related functions and such agencies shall provide such assistance.
G. The Michigan Public Educational Facilities Authority will prepare and submit an annual report to the Center for Educational Performance and Information which will include the total number of bond issues, dollar amount of the bond issues, number of public schools assisted, the geographic distribution of the bond financing and the types of facilities financed.
H. The State Treasurer may by written instrument delegate a duty or power conferred by law or this Order and the person to whom such duty or power is so delegated may perform such duty or exercise such power at the time and to the extent that such duty or power is delegated by the State Treasurer.
I. All rules, orders, contracts, grants and agreements relating to the functions transferred to the Michigan Public Educational Facilities Authority by this Order lawfully adopted prior to the effective date of this Order by the responsible state agency shall continue to be effective until revised, amended or rescinded.
J. The State Budget Director shall determine and authorize the most efficient manner possible for handling financial transactions and records affected by this Order in the state's financial management system for the remainder of this fiscal year.
K. The Michigan Public Educational Facilities Authority is a separate and distinct authority from the School Bond Loan Fund established by Act No. 74 of the Public Acts of 1955, as amended, being Section 388.921 et seq. of the Michigan Compiled Laws, and shall have no impact on the amount of loans available to school districts through the School Bond Loan Fund.
L. The invalidity of any portion of this Order shall not affect the validity of the remainder thereof.
M. Executive Order 2001-11, creating the Michigan Public Educational Facilities Authority and the Michigan Public Educational Facilities Authority Board of Trustees, is hereby rescinded in its entirety as of the effective date of this order. The Michigan Public Educational Facilities Authority and the Michigan Public Educational Facilities Authority Board of Trustees created by Executive Order 2001-11 are hereby abolished as of the effective date 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 sixty (60) days from the filing of this Order.
[SEAL] Given under my hand and the Great Seal of the state of Michigan this 13th day of March, in the Year of our Lord, Two Thousand Two.
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 communication from the Department of Consumer and Industry Services was received and read:
March 8, 2002
Pursuant to Section 314 of P.A. 119 of 2001, we are enclosing a copy of the following reports:
Type of Report Facility Report # License #
Special Investigation Report Arbor Heights Community 2002C0207011 CS810200952
Justice Center
| Special Investigation Report | Adrian Training School | 2002C0207012 | CS460200931 |
| Special Investigation Report | Adrian Training School | 2002C0207013 | CS460200931 |
This report was performed in compliance with the requirements of P.A. 116 of 1973 as amended, and the Administrative Rules for Child Caring Institutions. The report may also be viewed on our web site at the following address: http://www.cis.state.mi.us/fast/legrep.htm.
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 communication was referred to the Clerk.
Introduction of Bills
Reps. Gosselin, Voorhees, Drolet and Vear introduced
House Bill No. 5793, entitled
A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 1507 (MCL 380.1507), as amended by 1993 PA 335.
The bill was read a first time by its title and referred to the Committee on Education.
Rep. Hart introduced
House Bill No. 5794, entitled
A bill to amend 1987 PA 96, entitled "The mobile home commission act," by amending the title and sections 1, 2, 4, 5, 6, 7, 9, 10, 18, 21, 22, 23, 24, 25, 28, 30h, 35, 38, and 43 (MCL 125.2301, 125.2302, 125.2304, 125.2305, 125.2306, 125.2307, 125.2309, 125.2310, 125.2318, 125.2321, 125.2322, 125.2323, 125.2324, 125.2325, 125.2328, 125.2330h, 125.2335, 125.2338, and 125.2343), section 10 as amended by 1992 PA 203, section 28 as amended by 1993 PA 241, and section 38 as amended and section 43 as added by 1988 PA 337; and to repeal acts and parts of acts.
The bill was read a first time by its title and referred to the Committee on Commerce.
Rep. Scranton introduced
House Bill No. 5795, entitled
A bill to amend 1937 PA 94, entitled "Use tax act," by amending section 21 (MCL 205.111), as amended by 1994 PA 34.
The bill was read a first time by its title and referred to the Committee on Transportation.
Rep. Woronchak introduced
House Bill No. 5796, entitled
A bill to amend 1936 (Ex Sess) PA 1, entitled "Michigan employment security act," by amending section 27 (MCL 421.27), as amended by 1995 PA 181.
The bill was read a first time by its title and referred to the Committee on Employment Relations, Training and Safety.
By unanimous consent the House returned to the order of
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, March 7:
Senate Bill Nos. 1167 1168 1169 1170 1171 1172 1173 1174 1175 1176 1177 1178 1179 1180 1181 1182 1183 1184 1185 1186 1187 1188 1189 1190 1191 1192 1193
The Clerk announced that the following bill had been printed and placed upon the files of the members, Friday, March 8:
Senate Bill No. 1194
The Clerk announced that the following bills had been printed and placed upon the files of the members, Wednesday, March 13:
House Bill Nos. 5780 5781 5782 5783 5784 5785 5786 5787 5788 5789 5790 5791 5792
By unanimous consent the House returned to the order of
Second Reading of Bills
Senate Bill No. 690, entitled
A bill to amend 1945 PA 327, entitled "Aeronautics code of the state of Michigan," (MCL 259.1 to 259.208) by amending the title and by adding chapter VIA.
Was read a second time, and the question being on the adoption of the proposed substitute (H-3) previously recommended by the Committee on Commerce,
The substitute (H-3) was adopted, a majority of the members serving voting therefor.
Rep. Patterson moved to amend the bill as follows:
1. Amend page 18, line 16, after "DEPARTMENT" by inserting "AND WITH THE CLERK OF THE HOUSE OF REPRESENTATIVES AND THE SECRETARY OF THE SENATE".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Patterson moved to amend the bill as follows:
1. Amend page 53, following line 19, by inserting:
"Enacting section 1. The international tradeport development authority act, 1994 PA 325, MCL 125.2521 to 125.2546, is repealed.".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Schermesser moved to amend the bill as follows:
1. Amend page 10, line 19, after "GOVERNOR" by striking out the balance of the subdivision and inserting a period.
2. Amend page 10, line 23, after "AIRPORT" by striking out the balance of the sentence and inserting a period.
3. Amend page 11, line 4, after "AIRPORT" by striking out the balance of the subdivision and inserting a period.
4. Amend page 11, following line 16, by inserting:
"(4) IF THE MEMBERS FIRST APPOINTED TO A BOARD CREATED UNDER SECTION 110(2) ARE APPOINTED BEFORE MARCH 1, 2003, BOTH OF THE FOLLOWING APPLY:
(A) THE MEMBERS FIRST APPOINTED SHALL SERVE TERMS THAT EXPIRE ON FEBRUARY 28, 2003.
(B) THE BOARD MEMBERS APPOINTED TO SUCCEED THE MEMBERS DESCRIBED IN SUBDIVISION (A) SHALL BE APPOINTED FOR THE FOLLOWING TERMS:
(i) THE 2 MEMBERS APPOINTED UNDER SUBSECTION (2)(A) SHALL BE APPOINTED FOR TERMS OF 4 YEARS EACH.
(ii) THE BOARD MEMBER APPOINTED UNDER SUBSECTION (2)(B) SHALL BE APPOINTED FOR A TERM OF 2 YEARS.
(iii) THE 4 BOARD MEMBERS APPOINTED UNDER SUBSECTION (2)(C), SHALL BE APPOINTED FOR TERMS OF 4 YEARS EACH." and renumbering the remaining subsections.
5. Amend page 12, line 10, after "SUBSECTION" by striking out "(6)" and inserting "(7)".
6. Amend page 13, line 7, after "SUBSECTION" by striking out "(5)(B)" and inserting "(6)(B)".
7. Amend page 13, line 10, after "SUBSECTION" by striking out "(5)(B)" and inserting "(6)(B)".
8. Amend page 15, line 5, after "FOR" by striking out "A TERM OF 6 YEARS" and inserting "TERMS THAT ARE THE SAME LENGTH AS THE INITIAL TERMS".
The question being on the adoption of the amendments offered by Rep. Schermesser,
Rep. Schermesser demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendments offered by Rep. Schermesser,
The amendments were not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 238 Yeas--53
| Adamini | Gieleghem | Murphy | Sheltrown |
| Anderson | Hale | Neumann | Spade |
| Basham | Hansen | O'Neil | Stallworth |
| Bernero | Hardman | Pestka | Switalski |
| Bogardus | Jacobs | Phillips | Thomas |
| Bovin | Jamnick | Plakas | Toy |
| Brown, B. | Kolb | Quarles | Waters |
| Brown, R. | Lemmons | Reeves | Whitmer |
| Clark, I. | Lipsey | Rison | Williams |
| Clarke, H. | Lockwood | Rivet | Wojno |
| Daniels | Mans | Schauer | Woodward |
| Dennis | McConico | Schermesser | Woronchak |
| Frank | Minore | Scranton | Zelenko |
Garza
Nays--54
| Allen | George | Kowall | Richardville |
| Birkholz | Gilbert | Kuipers | Richner |
| Bisbee | Godchaux | LaSata | Rocca |
| Bishop | Gosselin | Mead | Shackleton |
| Bradstreet | Hager | Meyer | Shulman |
| Brown, C. | Hart | Middaugh | Stamas |
| Cassis | Howell | Mortimer | Stewart |
| Caul | Hummel | Newell | Tabor |
| DeRossett | Jelinek | Palmer | Van Woerkom |
| DeVuyst | Johnson, Rick | Pappageorge | Vander Roest |
| DeWeese | Johnson, Ruth | Patterson | Vander Veen |
| Drolet | Julian | Pumford | Vear |
| Ehardt | Koetje | Raczkowski | Voorhees |
Faunce Kooiman
In The Chair: Ehardt
Rep. Bob Brown moved to amend the bill as follows:
1. Amend page 10, line 21, after "YEARS." by inserting "AN APPOINTMENT UNDER THIS SUBDIVISION SHALL BE MADE WITH THE ADVICE AND CONSENT OF THE SENATE.".
The question being on the adoption of the amendment offered by Rep. Bob Brown,
Rep. Bob Brown demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Bob Brown,
The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 239 Yeas--50
| Adamini | Garza | Murphy | Sheltrown |
| Anderson | Gieleghem | Neumann | Spade |
| Basham | Hale | O'Neil | Stallworth |
| Bernero | Hansen | Pestka | Switalski |
| Bogardus | Hardman | Phillips | Thomas |
| Bovin | Jamnick | Plakas | Waters |
| Brown, B. | Kolb | Quarles | Whitmer |
| Brown, R. | Lemmons | Reeves | Williams |
| Clark, I. | Lipsey | Rison | Wojno |
| Clarke, H. | Lockwood | Rocca | Woodward |
| Daniels | Mans | Schauer | Woronchak |
| Dennis | McConico | Schermesser | Zelenko |
Frank Minore
Nays--54
| Allen | George | Kowall | Richner |
| Birkholz | Gilbert | LaSata | Scranton |
| Bisbee | Godchaux | Mead | Shackleton |
| Bishop | Gosselin | Meyer | Shulman |
| Bradstreet | Hager | Middaugh | Stamas |
| Brown, C. | Hart | Mortimer | Stewart |
| Cassis | Howell | Newell | Tabor |
| Caul | Hummel | Palmer | Toy |
| DeRossett | Jelinek | Pappageorge | Van Woerkom |
| DeVuyst | Johnson, Rick | Patterson | Vander Roest |
| DeWeese | Johnson, Ruth | Pumford | Vander Veen |
| Drolet | Julian | Raczkowski | Vear |
| Ehardt | Koetje | Richardville | Voorhees |
Faunce Kooiman
In The Chair: Ehardt
Rep. Bob Brown moved to amend the bill as follows:
1. Amend page 11, line 7, after "YEARS." by inserting "AN APPOINTMENT UNDER THIS SUBDIVISION IS SUBJECT TO THE APPROVAL OF THE MAJORITY VOTE OF THE LEGISLATIVE BODY OF THE LOCAL GOVERNMENT THAT OWNS THE AIRPORT.".
2. Amend page 13, line 13, by striking out all of subsection (7) and renumbering the remaining subsections.
The motion did not prevail and the amendments were not adopted, a majority of the members serving not voting therefor.
______
Rep. Vander Roest moved that Rep. Kuipers be excused temporarily from today's session.
The motion prevailed.
Rep. Schermesser moved to amend the bill as follows:
1. Amend page 2, following line 26, by inserting:
"(A) "AEROPOLIS" MEANS AN INTERACTIVE ECONOMIC AND COMMERCIAL COMMUNITY THAT DEVELOPS WITHIN A 3-MILE RADIUS AROUND THE BOUNDARIES OF A MAJOR AIRPORT AND DEPENDS HEAVILY UPON THE PROXIMITY OF THE AIRPORT TO FACILITATE ITS ACTIVITIES, BUT IS NOT ESSENTIAL TO THE OPERATION AND EFFICIENCY OF THE AIRPORT." and relettering the remaining subdivisions.
2. Amend page 5, line 9, after "FACILITIES" by inserting a comma and "BUT NOT INCLUDING REAL PROPERTY, STRUCTURES, IMPROVEMENTS, OR BUILDINGS THAT ARE PRIMARILY USED OR USEFUL FOR DEVELOPMENT OF AN AIRPORT RELATED AEROPOLIS".
3. Amend page 5, line 27, after "AUTHORITY" by inserting a comma and "BUT NOT INCLUDING REAL PROPERTY, STRUCTURES, IMPROVEMENTS, OR BUILDINGS THAT ARE PRIMARILY USED OR USEFUL FOR DEVELOPMENT OF AN AIRPORT RELATED AEROPOLIS".
4. Amend page 48, line 5, after "AUTHORITY" by inserting a comma and "BUT NOT INCLUDING REAL PROPERTY, STRUCTURES, IMPROVEMENTS, OR BUILDINGS THAT ARE PRIMARILY USED OR USEFUL FOR DEVELOPMENT OF AN AIRPORT RELATED AEROPOLIS".
The question being on the adoption of the amendments offered by Rep. Schermesser,
Rep. Schermesser demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendments offered by Rep. Schermesser,
The amendments were adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 240 Yeas--57
| Adamini | Gieleghem | Neumann | Schermesser |
| Anderson | Hale | O'Neil | Sheltrown |
| Basham | Hansen | Patterson | Spade |
| Bernero | Hardman | Pestka | Stallworth |
| Bogardus | Jacobs | Phillips | Switalski |
| Bovin | Jamnick | Plakas | Thomas |
| Brown, B. | Kolb | Quarles | Toy |
| Brown, R. | Lemmons | Raczkowski | Waters |
| Caul | Lipsey | Reeves | Whitmer |
| Clark, I. | Lockwood | Richner | Williams |
| Clarke, H. | Mans | Rison | Wojno |
| Daniels | McConico | Rivet | Woodward |
| Dennis | Minore | Rocca | Woronchak |
| Frank | Murphy | Schauer | Zelenko |
Garza
Nays--48
| Allen | Faunce | Koetje | Richardville |
| Birkholz | George | Kooiman | Scranton |
| Bisbee | Gilbert | Kowall | Shackleton |
| Bishop | Godchaux | LaSata | Shulman |
| Bradstreet | Hager | Mead | Stamas |
| Brown, C. | Hart | Meyer | Stewart |
| Cassis | Howell | Middaugh | Tabor |
| DeRossett | Hummel | Mortimer | Van Woerkom |
| DeVuyst | Jelinek | Newell | Vander Roest |
| DeWeese | Johnson, Rick | Palmer | Vander Veen |
| Drolet | Johnson, Ruth | Pappageorge | Vear |
| Ehardt | Julian | Pumford | Voorhees |
In The Chair: Ehardt
Rep. Julian moved to reconsider the vote by which the House adopted the amendments.
The motion prevailed, a majority of the members present voting therefor.
The question being on the adoption of the amendments offered by Rep. Schermesser,
Rep. Schermesser demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendments offered by Rep. Schermesser,
Rep. Middaugh moved that consideration of the amendments be postponed temporarily.
The motion prevailed.
Rep. Clarke moved to amend the bill as follows:
1. Amend page 15, following line 2, by inserting:
"(10) ALL POWERS CONFERRED BY THIS CHAPTER UPON THE AUTHORITY ARE VESTED IN THE BOARD.".
2. Amend page 16, line 27, after the second "BY" by inserting "AN EXPRESS RESOLUTION OF".
3. Amend page 17, line 3, after "MAY" by inserting a comma and "BY AN EXPRESS RESOLUTION,".
4. Amend page 17, line 5, after "OFFICER." by inserting "ALL MEETINGS BETWEEN BOARD MEMBERS AND THE CHIEF EXECUTIVE OFFICER OR CHIEF FINANCIAL OFFICER REGARDING POWERS AND DUTIES DELEGATED BY THE BOARD SHALL BE HELD IN THE SAME MANNER REQUIRED BY THE OPEN MEETINGS ACT, 1976 PA 267, MCL 15.261 TO 15.275, FOR THE EXERCISE OF POWERS RETAINED BY THE BOARD.".
The question being on the adoption of the amendments offered by Rep. Clarke,
Rep. Clarke demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendments offered by Rep. Clarke,
The amendments were not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 241 Yeas--50
| Adamini | Garza | Minore | Sheltrown |
| Anderson | Gieleghem | Murphy | Spade |
| Basham | Hale | Neumann | Stallworth |
| Bernero | Hansen | O'Neil | Switalski |
| Bogardus | Hardman | Pestka | Thomas |
| Bovin | Jacobs | Phillips | Waters |
| Brown, B. | Jamnick | Plakas | Whitmer |
| Brown, R. | Kolb | Reeves | Williams |
| Clark, I. | Lemmons | Rison | Wojno |
| Clarke, H. | Lipsey | Rivet | Woodward |
| Daniels | Lockwood | Schauer | Woronchak |
| Dennis | Mans | Schermesser | Zelenko |
Frank McConico
Nays--55
| Allen | George | Kowall | Richner |
| Birkholz | Gilbert | Kuipers | Rocca |
| Bisbee | Godchaux | LaSata | Scranton |
| Bishop | Gosselin | Mead | Shulman |
| Bradstreet | Hager | Meyer | Stamas |
| Brown, C. | Hart | Middaugh | Stewart |
| Cassis | Howell | Mortimer | Tabor |
| Caul | Hummel | Newell | Toy |
| DeRossett | Jelinek | Palmer | Van Woerkom |
| DeVuyst | Johnson, Rick | Pappageorge | Vander Roest |
| DeWeese | Johnson, Ruth | Patterson | Vander Veen |
| Drolet | Julian | Pumford | Vear |
| Ehardt | Koetje | Raczkowski | Voorhees |
| Faunce | Kooiman | Richardville |
In The Chair: Ehardt
Rep. Anderson moved to amend the bill as follows:
1. Amend page 12, line 9, after "HIRING" by inserting "AND FOR THE FULL DURATION OF HIS OR HER APPOINTMENT OR EMPLOYMENT".
2. Amend page 15, line 21, after "TERMS." by inserting "UPON EXPIRATION OF A SECOND FULL TERM, A BOARD MEMBER MAY NOT HOLD OVER MORE THAN 6 MONTHS.".
3. Amend page 15, line 24, after "CAUSE" by inserting a comma and "INCLUDING AMONG OTHERS THE FOLLOWING CAUSES:
(A) THE BOARD MEMBER IS NO LONGER QUALIFIED TO SERVE PURSUANT TO SUBSECTIONS 111(2)(B), (4), AND (5).
(B) THE BOARD MEMBER IS ABSENT FOR 3 CONSECUTIVE BOARD MEETINGS.
(C) THE BOARD MEMBER IS CHARGED WITH A CRIME AND BOUND OVER FOR TRIAL AT A PRELIMINARY HEARING.
(D) THE BOARD MEMBER NEGLECTS THE AFFIRMATIVE DUTIES SET FORTH IN SECTION 114.
(E) THE BOARD MEMBER VIOLATES THE OPEN MEETINGS ACT, 1976 PA 267, MCL 15.261 TO 15.275, OR THE FREEDOM OF INFORMATION ACT, 1976 PA 442, MCL 15.231 TO 15.246, OR THE COMPANION REQUIREMENTS OF THIS ACT".
The question being on the adoption of the amendments offered by Rep. Anderson,
Rep. Anderson demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendments offered by Rep. Anderson,
The amendments were not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 242 Yeas--52
| Adamini | Garza | Minore | Schauer |
| Anderson | Gieleghem | Mortimer | Schermesser |
| Basham | Hale | Murphy | Sheltrown |
| Bernero | Hansen | Neumann | Spade |
| Bogardus | Hardman | O'Neil | Stallworth |
| Bovin | Jacobs | Pestka | Switalski |
| Brown, B. | Jamnick | Phillips | Thomas |
| Brown, R. | Kolb | Plakas | Waters |
| Clark, I. | Lemmons | Quarles | Whitmer |
| Clarke, H. | Lipsey | Reeves | Williams |
| Daniels | Lockwood | Rison | Wojno |
| Dennis | Mans | Rivet | Woodward |
| Frank | McConico | Rocca | Zelenko |
Nays--53
| Allen | Gilbert | Kowall | Richner |
| Birkholz | Godchaux | Kuipers | Shackleton |
| Bisbee | Gosselin | LaSata | Shulman |
| Bishop | Hager | Mead | Stamas |
| Bradstreet | Hart | Meyer | Stewart |
| Brown, C. | Howell | Middaugh | Tabor |
| Cassis | Hummel | Newell | Toy |
| Caul | Jelinek | Palmer | Van Woerkom |
| DeRossett | Johnson, Rick | Pappageorge | Vander Roest |
| DeWeese | Johnson, Ruth | Patterson | Vander Veen |
| Drolet | Julian | Pumford | Vear |
| Ehardt | Koetje | Raczkowski | Voorhees |
| Faunce | Kooiman | Richardville | Woronchak |
George
In The Chair: Ehardt
Rep. Clark moved to amend the bill as follows:
1. Amend page 29, line 7, after "AUTHORITY" by inserting a comma and "BUT AT NOT LESS THAN ITS FAIR MARKET VALUE AS DETERMINED BY AN INDEPENDENT APPRAISAL ESTABLISHED BY A PROFESSIONAL APPRAISER LICENSED BY THE STATE OF MICHIGAN".
The question being on the adoption of the amendment offered by Rep. Clark,
Rep. Clark demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Clark,
The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 243 Yeas--49
| Adamini | Garza | McConico | Schauer |
| Anderson | Gieleghem | Minore | Sheltrown |
| Basham | Hale | Murphy | Spade |
| Bernero | Hansen | Neumann | Stallworth |
| Bogardus | Hardman | O'Neil | Switalski |
| Bovin | Jacobs | Pestka | Thomas |
| Brown, B. | Jamnick | Phillips | Waters |
| Brown, R. | Kolb | Plakas | Whitmer |
| Clark, I. | Lemmons | Quarles | Williams |
| Clarke, H. | Lipsey | Reeves | Wojno |
| Daniels | Lockwood | Rison | Woodward |
| Dennis | Mans | Rivet | Zelenko |
Frank
Nays--56
| Allen | Gilbert | Kuipers | Rocca |
| Birkholz | Godchaux | LaSata | Scranton |
| Bisbee | Gosselin | Mead | Shackleton |
| Bishop | Hager | Meyer | Shulman |
| Brown, C. | Hart | Middaugh | Stamas |
| Cassis | Howell | Mortimer | Stewart |
| Caul | Hummel | Newell | Tabor |
| DeRossett | Jelinek | Palmer | Toy |
| DeVuyst | Johnson, Rick | Pappageorge | Van Woerkom |
| DeWeese | Johnson, Ruth | Patterson | Vander Roest |
| Drolet | Julian | Pumford | Vander Veen |
| Ehardt | Koetje | Raczkowski | Vear |
| Faunce | Kooiman | Richardville | Voorhees |
| George | Kowall | Richner | Woronchak |
In The Chair: Ehardt
______
Rep. Dennis moved that Rep. Jamnick be excused temporarily from today's session.
The motion prevailed.
Rep. Jacobs moved that Reps. Lockwood and Basham be excused temporarily from today's session.
The motion prevailed.
Rep. Lipsey moved that Rep. Whitmer be excused temporarily from today's session.
The motion prevailed.
Rep. Garza moved to amend the bill as follows:
1. Amend page 21, line 17, after "SHALL" by inserting "BY EXPRESS RESOLUTION".
2. Amend page 23, line 23, after "AUTHORITY." by inserting "ALL DELEGATIONS AND WITHDRAWALS OF AUTHORITY SHALL BE MADE BY WRITTEN MEMORANDUM, A COPY OF WHICH SHALL BE FILED WITH THE BOARD AND ALSO POSTED ON THE AIRPORT INTERNET SITE FOR EASY REFERENCE BY PERSONS DOING BUSINESS WITH THE AIRPORT.".
3. Amend page 23, line 26, after "DELEGATE" by inserting "BY EXPRESS RESOLUTION".
The question being on the adoption of the amendments offered by Rep. Garza,
Rep. Garza demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendments offered by Rep. Garza,
The amendments were not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 244 Yeas--45
| Adamini | Garza | Murphy | Schermesser |
| Anderson | Gieleghem | Neumann | Sheltrown |
| Bernero | Hale | O'Neil | Spade |
| Bogardus | Hansen | Pestka | Stallworth |
| Bovin | Hardman | Phillips | Switalski |
| Brown, B. | Jacobs | Plakas | Thomas |
| Brown, R. | Kolb | Quarles | Waters |
| Clark, I. | Lemmons | Reeves | Williams |
| Clarke, H. | Lipsey | Rison | Wojno |
| Daniels | Mans | Rivet | Woodward |
| Dennis | Minore | Schauer | Zelenko |
Frank
Nays--57
| Allen | Gilbert | Kuipers | Rocca |
| Birkholz | Godchaux | LaSata | Scranton |
| Bisbee | Gosselin | Mead | Shackleton |
| Bishop | Hager | Meyer | Shulman |
| Bradstreet | Hart | Middaugh | Stamas |
| Brown, C. | Howell | Mortimer | Stewart |
| Cassis | Hummel | Newell | Tabor |
| Caul | Jelinek | Palmer | Toy |
| DeRossett | Johnson, Rick | Pappageorge | Van Woerkom |
| DeVuyst | Johnson, Ruth | Patterson | Vander Roest |
| DeWeese | Julian | Pumford | Vander Veen |
| Drolet | Koetje | Raczkowski | Vear |
| Ehardt | Kooiman | Richardville | Voorhees |
| Faunce | Kowall | Richner | Woronchak |
George
In The Chair: Ehardt
Rep. Reeves moved to amend the bill as follows:
1. Amend page 53, following line 19, by inserting:
"SEC. 125D. SECTIONS 108 TO 125C ARE REPEALED 10 YEARS AFTER THE EFFECTIVE DATE OF THE AMENDATORY ACT THAT ADDED THIS SECTION.".
The question being on the adoption of the amendment offered by Rep. Reeves,
Rep. Reeves demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Reeves,
The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 245 Yeas--50
| Adamini | Garza | Minore | Schermesser |
| Anderson | Gieleghem | Murphy | Sheltrown |
| Basham | Hale | Neumann | Spade |
| Bernero | Hansen | O'Neil | Stallworth |
| Bogardus | Hardman | Pestka | Switalski |
| Bovin | Jacobs | Phillips | Thomas |
| Brown, B. | Jamnick | Plakas | Waters |
| Brown, R. | Kolb | Quarles | Whitmer |
| Clark, I. | Lemmons | Reeves | Williams |
| Clarke, H. | Lipsey | Rison | Wojno |
| Daniels | Lockwood | Rivet | Woodward |
| Dennis | Mans | Schauer | Zelenko |
Frank McConico
Nays--56
| Allen | George | Kowall | Rocca |
| Birkholz | Gilbert | Kuipers | Scranton |
| Bisbee | Godchaux | LaSata | Shackleton |
| Bishop | Gosselin | Mead | Shulman |
| Bradstreet | Hager | Meyer | Stamas |
| Brown, C. | Hart | Middaugh | Stewart |
| Cassis | Howell | Mortimer | Tabor |
| Caul | Hummel | Newell | Toy |
| DeRossett | Jelinek | Palmer | Van Woerkom |
| DeVuyst | Johnson, Rick | Pappageorge | Vander Roest |
| DeWeese | Johnson, Ruth | Patterson | Vander Veen |
| Drolet | Julian | Raczkowski | Vear |
| Ehardt | Koetje | Richardville | Voorhees |
| Faunce | Kooiman | Richner | Woronchak |
In The Chair: Ehardt
Rep. Koetje moved to amend the bill as follows:
1. Amend page 4, line 4, after the first "AIRPORT" by striking out the balance of the line through line 5 and inserting a colon.
2. Amend page 6, line 15, after "AT" by striking out "A QUALIFIED" and inserting "AN".
3. Amend page 11, following line 7, by inserting:
"(D) EACH APPOINTING ENTITY SHALL FILE EACH APPOINTMENT UNDER THIS SUBSECTION WITH THE DEPARTMENT. EACH SUBSEQUENT APPOINTMENT BY AN APPOINTING ENTITY TO FILL A VACANCY ON THE BOARD SHALL ALSO BE FILED WITH THE DEPARTMENT.".
4. Amend page 11, line 13, after "SECTION," by inserting "1 BOARD MEMBER SHALL BE APPOINTED FOR A TERM OF 2 YEARS,".
5. Amend page 11, line 13, after "OF" by striking out "2" and inserting "4".
6. Amend page 11, line 14, after "EACH," by striking out "2" and inserting "3".
7. Amend page 11, line 14, after "OF" by striking out "4" and inserting "6".
8. Amend page 11, line 15, after "AND" by striking out "3 BOARD MEMBERS" and inserting "1 BOARD MEMBER".
9. Amend page 11, line 15, after "OF" by striking out the balance of the subsection and inserting "8 YEARS.".
10. Amend page 14, line 21, after "CREATED" by inserting "OR INCORPORATED".
11. Amend page 19, line 22, after "SHALL" by striking out the balance of the line through "THAN" on line 23.
12. Amend page 19, line 27, after "TO" by striking out the balance of the line through "AUDIT" on line 1, page 20 and inserting "THE FIRST FULL FISCAL YEAR OF THE AUTHORITY AND THE LAST FISCAL YEAR OF EACH SUBSEQUENT CONTRACT PERIOD FOR WHICH FINANCIAL AUDITS".
13. Amend page 20, line 1, after "UNDER" by striking out the balance of the line through "SUBSECTION" on line 2 and inserting "SECTION 114(2)".
14. Amend page 20, line 14, after "FOR" by striking out "NOT MORE THAN" and inserting "THE NEXT".
15. Amend page 20, line 19, after "FOR" by striking out "NOT MORE THAN" and inserting "THE NEXT".
16. Amend page 32, line 2, after "INCLUDING" by striking out the balance of the subdivision and inserting "THOSE CIVIL AND CRIMINAL PENALTIES THAT THE LOCAL GOVERNMENT THAT OWNS THE AIRPORT COULD ADOPT.".
The question being on the adoption of the amendments offered by Rep. Koetje,
Rep. Koetje moved that amendment No. 16 be considered separately.
The motion prevailed.
The question being on the adoption of amendment Nos. 1-15 offered by Rep. Koetje,
The amendments were adopted, a majority of the members serving voting therefor.
The question being on the adoption of amendment No. 16 offered by Rep. Koetje,
Rep. Koetje withdrew the amendment.
Rep. Lemmons moved to amend the bill as follows:
1. Amend page 37, following line 9, by inserting:
"(11) AN AUTHORITY SHALL COMPLY WITH THE PROVISIONS OF SECTION 125D.".
2. Amend page 53, following line 19, by inserting:
"SEC. 125D. (1) AN AUTHORITY SHALL REQUIRE AS A CONDITION OF A CONTRACT, AND AMEND ALL EXISTING CONTRACTS TO PROVIDE, AN AIRLINE PASSENGER PROTECTION BILL OF RIGHTS.
(2) THE DIRECTOR OF THE DEPARTMENT OF TRANSPORTATION IN CONJUNCTION WITH THE AUTHORITY SHALL PROVIDE AT A MINIMUM THAT EVERY AIRLINE WITH A CONTRACT FOR SERVICES AT AN AIRPORT REGULATED UNDER THIS ACT SHALL PROVIDE AS A CONDITION OF THAT CONTRACT A PROHIBITION OF UNFAIR OR DECEPTIVE PRACTICES AND UNFAIR METHODS OF COMPETITION, WHICH INCLUDE EACH OF THE FOLLOWING:
(A) REGARDLESS OF THE METHOD USED BY A CONSUMER TO CONTACT AN AIR CARRIER OR FOREIGN AIR CARRIER, THE FAILURE OF THE CARRIER TO DO THE FOLLOWING:
(i) INFORM THE CONSUMER OF THE LOWEST AVAILABLE FARE FROM THE CARRIER FOR THE AIR TRANSPORTATION REQUESTED BY THE CONSUMER ON THE DATE AND IN THE CLASS OF SERVICE SPECIFIED BY THE CONSUMER, AS WELL AS THE NUMBER OF SEATS AVAILABLE AT THAT FARE.
(ii) PROVIDE THE CONSUMER WITH FULL ACCESS TO ALL FARES FOR AIR TRANSPORTATION PROVIDED BY THE CARRIER.
(iii) INFORM THE CONSUMER IF THE AIR TRANSPORTATION REQUESTED BY THE CONSUMER INCLUDES A FLIGHT SEGMENT THAT IN THE PRECEDING CALENDAR MONTH, AT LEAST 40% OF THE TIME, WAS EITHER CANCELED OR DELAYED BY 30 MINUTES OR MORE PAST THE FLIGHT SEGMENT'S SCHEDULED ARRIVAL TIME.
(B) ANY ACTION OF AN AIR CARRIER OR FOREIGN AIR CARRIER THAT PROHIBITS A PERSON, INCLUDING A GOVERNMENTAL ENTITY, THAT PURCHASES AIR TRANSPORTATION FROM ONLY USING A PORTION OF THE AIR TRANSPORTATION PURCHASED INCLUDING USING THE AIR TRANSPORTATION PURCHASED ONLY FOR 1-WAY TRAVEL INSTEAD OF ROUND-TRIP TRAVEL, OR ASSESSES AN ADDITIONAL FEE ON OR CHARGE TO THAT PERSON OR A TICKET AGENT THAT SOLD THE AIR TRANSPORTATION TO THAT PERSON. IF THERE IS A TERMINATION, CANCELLATION, NONRENEWAL, OR SUBSTANTIAL CHANGE IN THE COMPETITIVE CIRCUMSTANCES OF THE APPOINTMENT OF A TICKET AGENT BY AN AIR CARRIER OR FOREIGN AIR CARRIER, THE AIR CARRIER OR FOREIGN AIR CARRIER FAILS TO PROVIDE THE TICKET AGENT WITH WRITTEN NOTICE, AND A FULL STATEMENT OF REASONS FOR THE ACTION, ON OR BEFORE THE NINETIETH DAY PRECEDING THE ACTION AND TO PROVIDE THE TICKET AGENT WITH AT LEAST 60 DAYS TO CORRECT ANY DEFICIENCY CLAIMED IN THE WRITTEN NOTICE, EXCEPT IN CASES OF INSOLVENCY, AN ASSIGNMENT FOR THE BENEFIT OF CREDITORS, BANKRUPTCY, OR NONPAYMENT OF SUMS DUE UNDER THE APPOINTMENT.
(3) AN AIR CARRIER SHALL ENSURE ACCESS TO NECESSARY SERVICES AND CONDITIONS, INCLUDING FOOD, WATER, RESTROOM FACILITIES, AND THE ABILITY TO DEPLANE IN THE EVENT OF A WEATHER OR OTHER EMERGENCY FOR ALL PASSENGERS BOARDED ON A FLIGHT SEGMENT OF THE AIR CARRIER IN AIR TRANSPORTATION. THE DIRECTOR OF THE DEPARTMENT OF TRANSPORTATION SHALL REQUIRE EACH AIR CARRIER TO SUBMIT TO THE DIRECTOR AN EMERGENCY PLAN CONTAINING A DETAILED DESCRIPTION OF ACTIONS THAT WILL BE TAKEN BY THE CARRIER TO COMPLY WITH THIS SUBSECTION. THE DIRECTOR SHALL SUSPEND THE AUTHORITY OF AN AIR CARRIER TO PROVIDE AIR TRANSPORTATION IF THE CARRIER FAILS TO SUBMIT A PLAN. THE SUSPENSION SHALL CONTINUE UNTIL THE CARRIER SUBMITS THE PLAN.
(4) AN AIR CARRIER OPERATING AN AIRCRAFT IN AIR TRANSPORTATION SHALL NOT PREVENT OR HINDER, INCLUDING BY FAILING TO ASSIST, ANY PASSENGER FROM EXITING THE AIRCRAFT UNDER THE SAME CIRCUMSTANCES AS ANY MEMBER OF THE FLIGHT CREW IS PERMITTED TO EXIT THE AIRCRAFT IF THE AIRCRAFT IS PARKED AT AN AIRPORT TERMINAL GATE WITH ACCESS TO RAMP OR OTHER FACILITIES THROUGH WHICH PASSENGERS ARE CUSTOMARILY BOARDED AND DEPLANED, THE AIRCRAFT HAS REMAINED AT THE GATE MORE THAN 1 HOUR PAST ITS SCHEDULED DEPARTURE TIME, AND THE CAPTAIN OF THE AIRCRAFT HAS NOT BEEN INFORMED BY AIR TRAFFIC CONTROL AUTHORITIES THAT THE AIRCRAFT CAN BE CLEARED FOR DEPARTURE WITHIN 15 MINUTES.
(5) AN ANNOUNCEMENT BY AN AIR CARRIER OF A DELAY OR CANCELLATION OF A FLIGHT SEGMENT, OR A DIVERSION OF A FLIGHT SEGMENT TO AN AIRPORT OTHER THAN THE AIRPORT AT WHICH THE FLIGHT SEGMENT IS SCHEDULED TO LAND, SHALL INCLUDE AN EXPLANATION OF THE REASON OR REASONS FOR THE DELAY, CANCELLATION, OR DIVERSION. AN AIR CARRIER SHALL NOT PROVIDE AN EXPLANATION UNDER THIS SUBSECTION THAT THE AIR CARRIER KNOWS OR HAS REASON TO KNOW IS FALSE OR MISLEADING.
(6) AN AIR CARRIER SHALL PROVIDE A PASSENGER WITH TIMELY NOTICE OF A DELAY OR CANCELLATION OF THE FLIGHT SEGMENT. THE AIR CARRIER SHALL ENSURE THAT INFORMATION MONITORS AT THE AIRPORT CONCERNED DISPLAY TIMELY AND ACCURATE ARRIVAL AND DEPARTURE INFORMATION. AN AIR CARRIER, WHENEVER PRACTICABLE, SHALL ATTEMPT TO PROVIDE A PASSENGER WITH NOTICE OF A DELAY OR CANCELLATION OF A FLIGHT SEGMENT BEFORE THE PASSENGER DEPARTS FOR THE AIRPORT.
(7) AN AIR CARRIER SHALL BE LIABLE TO EACH PASSENGER ON A FLIGHT SEGMENT OF THE AIR CARRIER IN AIR TRANSPORTATION FOR AN EXCESSIVE DEPARTURE OR ARRIVAL DELAY OF THE AIRCRAFT. IF THE EXCESSIVE DEPARTURE OR ARRIVAL DELAY IS MORE THAN 2 BUT LESS THAN 3 HOURS, THE AMOUNT OF LIABILITY SHALL BE 200% OF THE PRICE PAID BY THE PASSENGER FOR TRANSPORTATION BY THE AIR CARRIER. IF THE EXCESSIVE DEPARTURE OR ARRIVAL DELAY IS 3 HOURS OR MORE, THE AMOUNT OF LIABILITY SHALL BE 200% OF THE PRICE PAID BY THE PASSENGER PLUS AN ADDITIONAL 100% OF THE PRICE PAID BY THE PASSENGER FOR SUCH TRANSPORTATION MULTIPLIED BY THE NUMBER OF HOURS OR PORTION OF AN HOUR THAT THE PERIOD EXCEEDS 3 HOURS. AS USED IN THIS SECTION, "EXCESSIVE DEPARTURE OR ARRIVAL DELAY" MEANS A PERIOD OF TIME IN EXCESS OF 2 HOURS BEGINNING WHEN THE DOOR OF AN AIRCRAFT IS CLOSED AT AN AIRPORT AND ENDING WHEN THE AIRCRAFT TAKES OFF FROM THE AIRPORT OR WHEN THE DOOR OF THE AIRCRAFT IS OPEN FOR DEPLANING OF PASSENGERS AT THE AIRPORT OR BEGINNING UPON TOUCHDOWN OF AN AIRCRAFT AT AN AIRPORT AND ENDING WHEN THE DOOR OF THE AIRCRAFT IS OPEN FOR DEPLANING OF PASSENGERS AT THE AIRPORT. HOWEVER, A DEPARTURE DELAY IN EXCESS OF 2 HOURS SHALL NOT BE TREATED AS AN EXCESSIVE DEPARTURE DELAY FOR PURPOSES OF THIS PARAGRAPH IF THE ADMINISTRATOR OF THE AIRPORT DETERMINES THAT THE DEPARTURE DELAY WAS THE RESULT OF AN AIR TRAFFIC CONTROL DIRECTIVE AND THAT THE CARRIER DID NOT RECEIVE NOTIFICATION THAT IT WOULD RECEIVE THE DIRECTIVE BEFORE THE SCHEDULED DEPARTURE TIME OF THE FLIGHT OR A MECHANICAL PROBLEM WITH THE AIRCRAFT OR OTHER SAFETY CONCERN.
(8) IN ADDITION TO COMPENSATION REQUIRED UNDER THIS SECTION, OR UNDER THE PROVISIONS OF FEDERAL LAW, AN AIR CARRIER SHALL PROVIDE AT A MINIMUM TO A PASSENGER WHO IS DENIED BOARDING INVOLUNTARILY FROM AN OVERSOLD FLIGHT SEGMENT IN AIR TRANSPORTATION ON WHICH THE PASSENGER HAS A CONFIRMED SEAT, ALTERNATE TRANSPORTATION TO THE PASSENGER'S FINAL DESTINATION, REASONABLE AND IMMEDIATE COMPENSATION FOR FOOD, AND IF THE SCHEDULED DEPARTURE TIME OF THE ALTERNATE TRANSPORTATION IS NOT WITHIN THE SAME DAY AS THE PASSENGER'S ORIGINALLY SCHEDULED DEPARTURE TIME, REASONABLE AND IMMEDIATE COMPENSATION FOR HOTEL COSTS. A PASSENGER SHALL BE ELIGIBLE FOR INVOLUNTARY DENIED BOARDING COMPENSATION AND APPLICABLE REGULATIONS OF THE DEPARTMENT OF TRANSPORTATION WITH RESPECT TO A FLIGHT SEGMENT OF AN AIR CARRIER IF THE PASSENGER CHECKS IN FOR THE FLIGHT SEGMENT AT THE APPROPRIATE AIRPORT GATE AT ANY TIME BEFORE THE DOOR OF THE AIRCRAFT FOR THE FLIGHT SEGMENT IS CLOSED AT THE AIRPORT GATE.
(9) NOT LATER THAN 90 DAYS AFTER THE DATE OF ENACTMENT OF THIS SECTION, THE DIRECTOR SHALL MODIFY REGULATIONS CONTAINED IN ANY CONTRACT TO CONFORM WITH THE REQUIREMENTS OF THIS SECTION. NOT LATER THAN 180 DAYS AFTER THE DATE OF ENACTMENT OF THIS ACT, THE DIRECTOR SHALL, BY RULE, ISSUE A STATEMENT THAT OUTLINES CONSUMER RIGHTS OF AIR PASSENGERS, INCLUDING EACH OF THE RIGHTS SPECIFIED UNDER FEDERAL LAW, AS ADDED BY THIS SECTION AND REQUIRE AN AIR CARRIER TO PROVIDE THE STATEMENT TO EACH PASSENGER OF THE CARRIER BY CONSPICUOUS WRITTEN MATERIAL INCLUDED ON A SAFETY PLACARD GIVEN TO THE PASSENGER ON BOARD AN AIRCRAFT, OR PRIOR TO ENTRY OF AN AIRCRAFT, ON AN INFORMATION STATEMENT AVAILABLE TO THE PASSENGER AT EACH TICKET COUNTER OF THE AIR CARRIER AND ON AN ADDENDUM TO A PASSENGER'S TICKET ISSUED AT AN AIRPORT REGULATED UNDER THIS ACT." and renumberiing the remaining section.
The question being on the adoption of the amendments offered by Rep. Lemmons,
Rep. Lemmons demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendments offered by Rep. Lemmons,
The amendments were not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 246 Yeas--49
| Adamini | Garza | McConico | Schermesser |
| Anderson | Gieleghem | Minore | Sheltrown |
| Basham | Hale | Murphy | Spade |
| Bernero | Hansen | Neumann | Stallworth |
| Bogardus | Hardman | O'Neil | Thomas |
| Bovin | Jacobs | Patterson | Toy |
| Brown, B. | Jamnick | Pestka | Waters |
| Brown, R. | Kolb | Phillips | Whitmer |
| Clark, I. | Lemmons | Quarles | Williams |
| Clarke, H. | Lipsey | Reeves | Wojno |
| Daniels | Lockwood | Rison | Woodward |
| Dennis | Mans | Rivet | Zelenko |
Frank
Nays--56
| Allen | George | Kowall | Rocca |
| Birkholz | Gilbert | Kuipers | Schauer |
| Bisbee | Godchaux | LaSata | Scranton |
| Bishop | Gosselin | Mead | Shackleton |
| Bradstreet | Hager | Meyer | Shulman |
| Brown, C. | Hart | Middaugh | Stamas |
| Cassis | Howell | Mortimer | Stewart |
| Caul | Hummel | Newell | Tabor |
| DeRossett | Jelinek | Palmer | Van Woerkom |
| DeVuyst | Johnson, Rick | Pappageorge | Vander Roest |
| DeWeese | Johnson, Ruth | Pumford | Vander Veen |
| Drolet | Julian | Raczkowski | Vear |
| Ehardt | Koetje | Richardville | Voorhees |
| Faunce | Kooiman | Richner | Woronchak |
In The Chair: Ehardt
Rep. Lemmons moved to amend the bill as follows:
1. Amend page 7, line 17, after "AIRPORT" by striking out the balance of the subdivision and inserting "IN THIS STATE THAT OFFERS COMMERCIAL PASSENGER SERVICE.".
The question being on the adoption of the amendment offered by Rep. Lemmons,
Rep. Lemmons demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Lemmons,
The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 247 Yeas--43
| Adamini | Frank | Lockwood | Schauer |
| Anderson | Garza | Mans | Schermesser |
| Basham | Gieleghem | McConico | Sheltrown |
| Bernero | Hale | Murphy | Stallworth |
| Bogardus | Hansen | O'Neil | Thomas |
| Bovin | Hardman | Phillips | Waters |
| Brown, B. | Jacobs | Plakas | Whitmer |
| Brown, R. | Jamnick | Quarles | Williams |
| Clark, I. | Kolb | Reeves | Woodward |
| Daniels | Lemmons | Rison | Zelenko |
| Dennis | Lipsey | Rivet |
Nays--62
| Allen | Godchaux | Meyer | Shackleton |
| Birkholz | Gosselin | Middaugh | Shulman |
| Bisbee | Hager | Mortimer | Spade |
| Bishop | Hart | Neumann | Stamas |
| Bradstreet | Howell | Newell | Stewart |
| Brown, C. | Hummel | Palmer | Switalski |
| Cassis | Jelinek | Pappageorge | Tabor |
| Caul | Johnson, Rick | Patterson | Toy |
| Clarke, H. | Johnson, Ruth | Pestka | Van Woerkom |
| DeRossett | Julian | Pumford | Vander Roest |
| DeVuyst | Koetje | Raczkowski | Vander Veen |
| DeWeese | Kooiman | Richardville | Vear |
| Drolet | Kowall | Richner | Voorhees |
| Ehardt | Kuipers | Rocca | Wojno |
| Faunce | LaSata | Scranton | Woronchak |
George Mead
In The Chair: Ehardt
Rep. Patterson moved to amend the bill as follows:
1. Amend page 27, following line 21, by inserting:
"(11) AN AUTHORITY SHALL WORK COLLABORATIVELY WITH APPROPRIATE LOCAL GOVERNMENTAL UNITS IN THE IMPLEMENTATION OF ANY FEDERALLY SANCTIONED AND FUNDED PROGRAMS FOR THE MITIGATION OF AIRCRAFT NOISE AND FUEL FUMES.".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Lemmons moved to amend the bill as follows:
1. Amend page 10, line 22, after "(B)" by striking out "ONE BOARD MEMBER" and inserting "THREE BOARD MEMBERS".
2. Amend page 10, line 23, after "AIRPORT," by striking out the balance of the line through "YEARS." on line 24 and inserting "WITH 1 BOARD MEMBER APPOINTED FOR AN INITIAL TERM OF 2 YEARS, 1 BOARD MEMBER APPOINTED FOR AN INITIAL TERM OF 4 YEARS, AND 1 BOARD MEMBER APPOINTED FOR AN INITIAL TERM OF 6 YEARS.".
3. Amend page 11, line 3, after "(C)" by striking out "FOUR" and inserting "TWO".
4. Amend page 11, line 5, after "YEARS," by inserting "AND".
5. Amend page 11, line 6, after "YEARS" by striking out the balance of the subdivision and inserting a period.
The question being on the adoption of the amendments offered by Rep. Lemmons,
Rep. Lemmons demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendments offered by Rep. Lemmons,
The amendments were not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 248 Yeas--43
| Adamini | Dennis | Lipsey | Rivet |
| Anderson | Frank | Lockwood | Schermesser |
| Basham | Garza | Mans | Stallworth |
| Bernero | Gieleghem | McConico | Switalski |
| Bishop | Hale | Minore | Thomas |
| Bogardus | Hansen | Murphy | Waters |
| Bovin | Hardman | O'Neil | Whitmer |
| Brown, B. | Jacobs | Plakas | Williams |
| Clark, I. | Jamnick | Quarles | Woodward |
| Clarke, H. | Kolb | Reeves | Zelenko |
| Daniels | Lemmons | Rison |
Nays--61
| Allen | Godchaux | Mead | Shackleton |
| Birkholz | Gosselin | Middaugh | Sheltrown |
| Bisbee | Hager | Mortimer | Shulman |
| Bradstreet | Hart | Neumann | Spade |
| Brown, C. | Howell | Newell | Stamas |
| Brown, R. | Hummel | Palmer | Stewart |
| Cassis | Jelinek | Pappageorge | Tabor |
| Caul | Johnson, Rick | Patterson | Toy |
| DeRossett | Johnson, Ruth | Pumford | Van Woerkom |
| DeVuyst | Julian | Raczkowski | Vander Roest |
| DeWeese | Koetje | Richardville | Vander Veen |
| Drolet | Kooiman | Richner | Vear |
| Ehardt | Kowall | Rocca | Voorhees |
| Faunce | Kuipers | Schauer | Wojno |
| George | LaSata | Scranton | Woronchak |
Gilbert
In The Chair: Ehardt
Rep. Thomas moved to amend the bill as follows:
1. Amend page 43, line 24, after "DATE." by inserting "LOCAL GOVERNMENT EMPLOYEES, WHO DO NOT AGREE TO TRANSFER TO THE EMPLOYMENT OF THE AUTHORITY, SHALL BE REASSIGNED WITHIN THE LOCAL GOVERNMENT. THE LOCAL GOVERNMENT SHALL NOT, AS A RESULT OF THE CREATION OR INCORPORATION OF AN AUTHORITY FOR A PERIOD OF NOT MORE THAN 1 YEAR, LAYOFF OR REDUCE THE PAY OR BENEFITS OF ANY EMPLOYEE OF THE LOCAL GOVERNMENT INTO WHOSE POSITION A LOCAL GOVERNMENT EMPLOYEE WHO WAS PREVIOUSLY EMPLOYED AT THE AIRPORT IS REASSIGNED. THE AUTHORITY SHALL CONSIDER ANY PERSON HIRED BY THE AUTHORITY TO FILL A POSITION THAT HAD BEEN PREVIOUSLY FILLED WITH A LOCAL GOVERNMENT EMPLOYEE WHO DID NOT AGREE TO TRANSFER TO THE EMPLOYMENT OF THE AUTHORITY TO BE UNDER THE COLLECTIVE BARGAINING AGREEMENT COVERING, AND TO BE REPRESENTED BY THE COLLECTIVE BARGAINING REPRESENTATIVE OF, THE LOCAL GOVERNMENT EMPLOYEE WHO DID NOT AGREE TO TRANSFER TO THE AUTHORITY.".
The question being on the adoption of the amendment offered by Rep. Thomas,
Rep. Patterson demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Thomas,
The amendment was adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 249 Yeas--93
| Adamini | George | Lockwood | Schermesser |
| Allen | Gieleghem | Mans | Scranton |
| Anderson | Gilbert | McConico | Shackleton |
| Basham | Godchaux | Mead | Sheltrown |
| Bernero | Hager | Meyer | Shulman |
| Birkholz | Hale | Middaugh | Spade |
| Bisbee | Hansen | Minore | Stallworth |
| Bogardus | Hardman | Mortimer | Stewart |
| Bovin | Howell | Murphy | Switalski |
| Brown, B. | Hummel | Neumann | Tabor |
| Brown, C. | Jacobs | Newell | Thomas |
| Brown, R. | Jamnick | Pestka | Toy |
| Cassis | Jelinek | Phillips | Van Woerkom |
| Clark, I. | Johnson, Rick | Plakas | Vander Roest |
| Clarke, H. | Johnson, Ruth | Pumford | Vander Veen |
| Daniels | Julian | Quarles | Vear |
| Dennis | Koetje | Raczkowski | Voorhees |
| DeRossett | Kolb | Reeves | Waters |
| DeVuyst | Kooiman | Richardville | Whitmer |
| DeWeese | Kowall | Rison | Williams |
| Ehardt | LaSata | Rivet | Wojno |
| Faunce | Lemmons | Rocca | Woodward |
| Frank | Lipsey | Schauer | Zelenko |
Garza
Nays--12
| Bishop | Gosselin | O'Neil | Richner |
| Caul | Hart | Palmer | Stamas |
| Drolet | Kuipers | Patterson | Woronchak |
In The Chair: Ehardt
Rep. Koetje moved to amend the bill as follows:
1. Amend page 32, line 2, after "JURISDICTION" by striking out the balance of the subdivision and inserting a period and "THE AUTHORITY MAY ESTABLISH CIVIL AND CRIMINAL PENALTIES FOR THE VIOLATION OF RULES, REGULATIONS, AND ORDINANCES AUTHORIZED UNDER THIS SUBDIVISION TO THE SAME EXTENT AS THE LOCAL GOVERNMENT THAT OWNS THE AIRPORT.".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Scranton moved to amend the bill as follows:
1. Amend page 17, line 27, after "THAN" by striking out "4 TIMES" and inserting "QUARTERLY".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Daniels moved to amend the bill as follows:
1. Amend page 53, following line 19, following enacting section 1, by inserting:
"Enacting section 2. This amendatory act does not take effect unless approved by a vote of qualified electors in the county of Wayne at the next general election.".
The question being on the adoption of the amendment offered by Rep. Daniels,
Rep. Daniels demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Daniels,
The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 250 Yeas--52
| Adamini | Garza | Minore | Schermesser |
| Anderson | Gieleghem | Murphy | Sheltrown |
| Basham | Hale | Neumann | Spade |
| Bernero | Hansen | O'Neil | Stallworth |
| Bogardus | Hardman | Pappageorge | Switalski |
| Bovin | Jacobs | Patterson | Thomas |
| Brown, B. | Jamnick | Pestka | Toy |
| Brown, R. | Kolb | Phillips | Waters |
| Clark, I. | Lemmons | Plakas | Whitmer |
| Clarke, H. | Lipsey | Quarles | Wojno |
| Daniels | Lockwood | Reeves | Woodward |
| Dennis | Mans | Rison | Woronchak |
| Frank | McConico | Rivet | Zelenko |
Nays--51
| Allen | George | Kooiman | Rocca |
| Birkholz | Gilbert | Kowall | Scranton |
| Bisbee | Godchaux | Kuipers | Shackleton |
| Bishop | Gosselin | LaSata | Shulman |
| Brown, C. | Hager | Mead | Stamas |
| Cassis | Hart | Meyer | Stewart |
| Caul | Howell | Middaugh | Tabor |
| DeRossett | Hummel | Mortimer | Van Woerkom |
| DeVuyst | Jelinek | Palmer | Vander Roest |
| DeWeese | Johnson, Rick | Pumford | Vander Veen |
| Drolet | Johnson, Ruth | Raczkowski | Vear |
| Ehardt | Julian | Richardville | Voorhees |
| Faunce | Koetje | Richner |
In The Chair: Ehardt
Rep. Daniels moved to reconsider the vote by which the House did not adopt the amendment.
The motion did not prevail, a majority of the members present not voting therefor.
Reps. Richner and Thomas moved to amend the bill as follows:
1. Amend page 49, line 6, after "SECTION." by inserting "AN AUTHORITY THAT OPERATES A QUALIFIED AIRPORT SHALL NOT OPERATE AN AIRPORT THAT IS LOCATED IN A CITY HAVING A POPULATION OF MORE THAN 750,000.".
The question being on the adoption of the amendment offered by Reps. Richner and Thomas,
Rep. Richner demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Reps. Richner and Thomas,
The amendment was adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 251 Yeas--107
| Adamini | Garza | Lockwood | Schauer |
| Allen | George | Mans | Schermesser |
| Anderson | Gieleghem | McConico | Scranton |
| Basham | Gilbert | Mead | Shackleton |
| Bernero | Godchaux | Meyer | Sheltrown |
| Birkholz | Gosselin | Middaugh | Shulman |
| Bisbee | Hager | Minore | Spade |
| Bishop | Hale | Mortimer | Stallworth |
| Bogardus | Hansen | Murphy | Stamas |
| Bovin | Hardman | Neumann | Stewart |
| Bradstreet | Hart | Newell | Switalski |
| Brown, B. | Howell | O'Neil | Tabor |
| Brown, C. | Hummel | Palmer | Thomas |
| Brown, R. | Jacobs | Pappageorge | Toy |
| Cassis | Jamnick | Patterson | Van Woerkom |
| Caul | Jelinek | Pestka | Vander Roest |
| Clark, I. | Johnson, Rick | Phillips | Vander Veen |
| Clarke, H. | Johnson, Ruth | Plakas | Vear |
| Daniels | Julian | Pumford | Voorhees |
| Dennis | Koetje | Quarles | Waters |
| DeRossett | Kolb | Raczkowski | Whitmer |
| DeVuyst | Kooiman | Reeves | Williams |
| DeWeese | Kowall | Richardville | Wojno |
| Drolet | Kuipers | Richner | Woodward |
| Ehardt | LaSata | Rison | Woronchak |
| Faunce | Lemmons | Rivet | Zelenko |
| Frank | Lipsey | Rocca |
Nays--0
In The Chair: Ehardt
______
Rep. Vander Roest moved that Rep. DeWeese be excused temporarily from today's session.
The motion prevailed.
Rep. O'Neil moved to amend the bill as follows:
1. Amend page 33, line 12, after the first "AUTHORITY" by striking out the balance of the subdivision and inserting "SHALL DEPOSIT MONEY OF THE AUTHORITY WITH THE COUNTY TREASURER TO BE INVESTED IN INSTRUMENTS, OBLIGATIONS, SECURITIES, OR PROPERTY PURSUANT TO THE REQUIREMENTS AND LIMITATIONS OF STATE LAW.".
The question being on the adoption of the amendment offered by Rep. O'Neil,
Rep. O'Neil demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. O'Neil,
The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 252 Yeas--46
| Adamini | Gieleghem | Neumann | Stallworth |
| Anderson | Hale | O'Neil | Stewart |
| Bernero | Hansen | Patterson | Switalski |
| Bogardus | Hardman | Pestka | Thomas |
| Bovin | Jacobs | Plakas | Waters |
| Brown, B. | Lemmons | Quarles | Whitmer |
| Brown, R. | Lipsey | Rocca | Williams |
| Clark, I. | Lockwood | Schauer | Wojno |
| Clarke, H. | Mans | Schermesser | Woodward |
| Daniels | McConico | Sheltrown | Woronchak |
| Dennis | Minore | Spade | Zelenko |
Frank Murphy
Nays--52
| Allen | George | Kooiman | Richardville |
| Birkholz | Gilbert | Kowall | Richner |
| Bisbee | Godchaux | Kuipers | Scranton |
| Bishop | Gosselin | LaSata | Shackleton |
| Bradstreet | Hager | Mead | Shulman |
| Brown, C. | Hart | Meyer | Stamas |
| Cassis | Howell | Middaugh | Tabor |
| Caul | Hummel | Mortimer | Toy |
| DeRossett | Jelinek | Newell | Van Woerkom |
| DeVuyst | Johnson, Rick | Palmer | Vander Roest |
| Drolet | Johnson, Ruth | Pappageorge | Vander Veen |
| Ehardt | Julian | Pumford | Vear |
| Faunce | Koetje | Raczkowski | Voorhees |
In The Chair: Ehardt
Rep. Daniels moved to amend the bill as follows:
1. Amend page 53, following line 19, following enacting section 1, by inserting:
"Enacting section 2. This amendatory act does not take effect unless approved by a vote of qualified electors in the county of Wayne at the next primary election.".
The question being on the adoption of the amendment offered by Rep. Daniels,
Rep. Daniels demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Daniels,
The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 253 Yeas--49
| Adamini | Garza | Minore | Sheltrown |
| Anderson | Gieleghem | Murphy | Spade |
| Basham | Hale | Neumann | Stallworth |
| Bernero | Hansen | O'Neil | Switalski |
| Bogardus | Hardman | Pestka | Thomas |
| Bovin | Jacobs | Phillips | Waters |
| Brown, B. | Jamnick | Plakas | Whitmer |
| Brown, R. | Lemmons | Quarles | Williams |
| Clark, I. | Lipsey | Reeves | Wojno |
| Clarke, H. | Lockwood | Rison | Woodward |
| Daniels | Mans | Rivet | Woronchak |
| Dennis | McConico | Schermesser | Zelenko |
Frank
Nays--56
| Allen | George | Kowall | Richner |
| Birkholz | Gilbert | Kuipers | Rocca |
| Bisbee | Godchaux | LaSata | Scranton |
| Bishop | Gosselin | Mead | Shackleton |
| Bradstreet | Hager | Meyer | Shulman |
| Brown, C. | Hart | Middaugh | Stamas |
| Cassis | Howell | Mortimer | Stewart |
| Caul | Hummel | Newell | Tabor |
| DeRossett | Jelinek | Palmer | Toy |
| DeVuyst | Johnson, Rick | Pappageorge | Van Woerkom |
| DeWeese | Johnson, Ruth | Patterson | Vander Roest |
| Drolet | Julian | Pumford | Vander Veen |
| Ehardt | Koetje | Raczkowski | Vear |
| Faunce | Kooiman | Richardville | Voorhees |
In The Chair: Ehardt
Rep. O'Neil moved to amend the bill as follows:
1. Amend page 21, following line 13, by inserting:
"(4) AS AN AGENCY OF THE COUNTY GOVERNMENT WITHIN WHICH A QUALIFIED AIRPORT IS LOCATED, THE AUTHORITY SHALL BE SUBJECT TO A FINANCIAL OR COMPLIANCE AUDIT AT ANY TIME BY THE AUDITOR GENERAL OF THE COUNTY GOVERNMENT, AND SHALL BE SUBJECT TO COMPLIANCE WITH ALL AFFIRMATIVE REQUIREMENTS PROVIDED BY CHARTER OR ORDINANCE FOR COOPERATIVE RESPONSES TO FACILITATE THE COMPLETION OF A THOROUGH AUDIT AND TO THE PENALTIES PROVIDED FOR FAILURE OR REFUSAL TO DO SO." and renumbering the remaining subsections.
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Plakas moved to amend the bill as follows:
1. Amend page 27, line 5, after "POLICIES" by inserting "THAT ARE NO LESS STRINGENT THAN THOSE PROVIDED FOR PUBLIC OFFICERS AND EMPLOYEES BY 1973 PA 196, MCL 15.341 TO 15.348,".
The question being on the adoption of the amendment offered by Rep. Plakas,
Rep. Plakas demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Plakas,
The amendment was adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 254 Yeas--105
| Adamini | George | Lockwood | Schauer |
| Allen | Gieleghem | Mans | Schermesser |
| Anderson | Gilbert | McConico | Scranton |
| Basham | Godchaux | Mead | Shackleton |
| Bernero | Gosselin | Meyer | Sheltrown |
| Birkholz | Hager | Middaugh | Shulman |
| Bisbee | Hale | Minore | Spade |
| Bishop | Hansen | Mortimer | Stallworth |
| Bogardus | Hardman | Murphy | Stamas |
| Bovin | Hart | Neumann | Stewart |
| Bradstreet | Howell | Newell | Switalski |
| Brown, B. | Hummel | O'Neil | Tabor |
| Brown, C. | Jacobs | Palmer | Thomas |
| Brown, R. | Jamnick | Pappageorge | Toy |
| Cassis | Jelinek | Patterson | Van Woerkom |
| Caul | Johnson, Rick | Pestka | Vander Roest |
| Clark, I. | Johnson, Ruth | Phillips | Vander Veen |
| Clarke, H. | Julian | Plakas | Vear |
| Daniels | Koetje | Pumford | Voorhees |
| Dennis | Kolb | Quarles | Waters |
| DeRossett | Kooiman | Raczkowski | Whitmer |
| DeVuyst | Kowall | Reeves | Williams |
| Drolet | Kuipers | Richardville | Wojno |
| Ehardt | LaSata | Richner | Woodward |
| Faunce | Lemmons | Rivet | Woronchak |
| Frank | Lipsey | Rocca | Zelenko |
Garza
Nays--0
In The Chair: Ehardt
The question being on the adoption of the amendments offered previously by Rep. Schermesser,
The amendments were not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 255 Yeas--44
| Adamini | Gieleghem | Murphy | Schauer |
| Anderson | Gosselin | Neumann | Schermesser |
| Basham | Hale | O'Neil | Spade |
| Bernero | Hardman | Patterson | Stewart |
| Bogardus | Jacobs | Pestka | Switalski |
| Bovin | Lemmons | Phillips | Thomas |
| Brown, R. | Lipsey | Plakas | Waters |
| Clark, I. | Lockwood | Quarles | Williams |
| Clarke, H. | Mans | Reeves | Wojno |
| Dennis | McConico | Rison | Woodward |
| Garza | Minore | Rocca | Zelenko |
Nays--52
| Allen | Faunce | Kooiman | Richardville |
| Birkholz | George | Kowall | Richner |
| Bisbee | Gilbert | Kuipers | Scranton |
| Bishop | Godchaux | LaSata | Shackleton |
| Bradstreet | Hager | Mead | Shulman |
| Brown, C. | Hart | Meyer | Stamas |
| Cassis | Howell | Middaugh | Tabor |
| Caul | Hummel | Mortimer | Van Woerkom |
| DeRossett | Jelinek | Newell | Vander Roest |
| DeVuyst | Johnson, Rick | Palmer | Vander Veen |
| DeWeese | Johnson, Ruth | Pappageorge | Vear |
| Drolet | Julian | Pumford | Voorhees |
| Ehardt | Koetje | Raczkowski | Woronchak |
In The Chair: Ehardt
Rep. Daniels moved to amend the bill as follows:
1. Amend page 32, line 14, after "STATE." by inserting "LEASES, CONTRACTS, AND FRANCHISES FOR THE SALE OF GOODS AND SERVICES TO THE PUBLIC, INCLUDING GROUND TRANSPORTATION, FOOD AND BEVERAGE, NEWS AND SNACKS, RETAIL OUTLETS, AND OTHER SIMILAR CONCESSIONS, SHALL BE LIMITED TO A MAXIMUM TERM OF 5 YEARS, EXCEPT THE MAXIMUM TERM MAY BE EXTENDED UP TO 10 YEARS WHEN NEEDED TO AMORTIZE CAPITAL INVESTMENTS UTILIZING STANDARDS ESTABLISHED BY BEST BUSINESS PRACTICES AND INTERNAL REVENUE SERVICE SCHEDULES.".
The question being on the adoption of the amendment offered by Rep. Daniels,
Rep. Daniels demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Daniels,
The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 256 Yeas--44
| Adamini | Gieleghem | McConico | Schauer |
| Anderson | Gosselin | Minore | Schermesser |
| Bernero | Hale | Murphy | Spade |
| Bogardus | Hansen | Neumann | Stallworth |
| Brown, B. | Hardman | O'Neil | Stewart |
| Clark, I. | Jacobs | Patterson | Switalski |
| Clarke, H. | Jamnick | Phillips | Waters |
| Daniels | Lemmons | Quarles | Whitmer |
| Dennis | Lipsey | Rison | Williams |
| Drolet | Lockwood | Rivet | Wojno |
| Garza | Mans | Rocca | Woodward |
Nays--39
| Allen | George | Koetje | Richner |
| Birkholz | Gilbert | Kooiman | Scranton |
| Bisbee | Godchaux | Kuipers | Shackleton |
| Bishop | Hager | LaSata | Stamas |
| Brown, C. | Hart | Mead | Tabor |
| DeRossett | Howell | Middaugh | Van Woerkom |
| DeVuyst | Hummel | Mortimer | Vander Veen |
| DeWeese | Jelinek | Newell | Vear |
| Ehardt | Johnson, Rick | Pappageorge | Voorhees |
| Faunce | Julian | Pumford |
In The Chair: Ehardt
Rep. O'Neil moved to amend the bill as follows:
1. Amend page 21, following line 13, by inserting:
"(4) AS AN AGENCY OF THE COUNTY GOVERNMENT WITHIN WHICH A QUALIFIED AIRPORT IS LOCATED, THE AUTHORITY SHALL BE SUBJECT TO A FINANCIAL OR COMPLIANCE AUDIT AT ANY TIME BY THE AUDITOR GENERAL OF THE COUNTY GOVERNMENT, AND SHALL BE SUBJECT TO COMPLIANCE WITH ALL AFFIRMATIVE REQUIREMENTS PROVIDED BY CHARTER OR ORDINANCE FOR COOPERATIVE RESPONSES TO FACILITATE THE COMPLETION OF A THOROUGH AUDIT AND TO THE PENALTIES PROVIDED FOR FAILURE TO DO SO." and renumbering the remaining subsections.
The question being on the adoption of the amendment offered by Rep. O'Neil,
Rep. O'Neil demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. O'Neil,
The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 257 Yeas--47
| Adamini | Gieleghem | Minore | Stewart |
| Anderson | Gosselin | Murphy | Switalski |
| Bernero | Hale | O'Neil | Thomas |
| Bishop | Hansen | Patterson | Toy |
| Bogardus | Hardman | Pestka | Waters |
| Bovin | Jacobs | Phillips | Whitmer |
| Brown, B. | Kolb | Reeves | Williams |
| Brown, R. | Lemmons | Rison | Wojno |
| Clarke, H. | Lipsey | Rivet | Woodward |
| DeWeese | Lockwood | Schauer | Woronchak |
| Frank | Mans | Schermesser | Zelenko |
| Garza | McConico | Spade |
Nays--42
| Allen | George | Kooiman | Pumford |
| Bisbee | Gilbert | Kowall | Richner |
| Bradstreet | Godchaux | Kuipers | Rocca |
| Brown, C. | Hager | LaSata | Shackleton |
| Cassis | Hart | Mead | Shulman |
| Caul | Howell | Meyer | Stamas |
| DeRossett | Hummel | Middaugh | Tabor |
| DeVuyst | Jelinek | Newell | Van Woerkom |
| Drolet | Johnson, Rick | Palmer | Vear |
| Ehardt | Julian | Pappageorge | Voorhees |
Faunce Koetje
In The Chair: Ehardt
Rep. Waters moved to amend the bill as follows:
1. Amend page 23, following line 17, by inserting:
"(5) A BOARD SHALL HAVE AN AFFIRMATIVE AND PROACTIVE DUTY TO ACCOMPLISH AN OPTIMUM MIX OF THE FOLLOWING OBJECTIVES:
(A) TO TAKE AGGRESSIVE STEPS TO NURTURE, CULTIVATE, ACCOMMODATE, AND OBTAIN THE OPTIMUM LEVEL OF COMPETITION AMONG AIRLINES TO AND FROM AT LEAST THE TOP 100 MOST POPULAR PASSENGER DESTINATIONS FROM THE AIRPORT, SUCH THAT THE COST OF AIR FARES TO THE TRAVELING PUBLIC IS MINIMIZED, AND CONSEQUENTLY THAT THE REGION SURROUNDING THE AIRPORT IS ALSO MADE MORE ATTRACTIVE AS A BUSINESS AND TOURIST DESTINATION.
(B) TO ASSURE THAT THE AIRPORT OFFERS PASSENGERS CLEAN, SAFE, SECURE, COMFORTABLE, ECONOMICAL, AND EXPEDITIOUS ACCOMMODATIONS.
(C) TO MAINTAIN, AUGMENT, AND COMPLETE PROGRAMS TO PREVENT AND MITIGATE NOISE AND FUEL FUME NUISANCE TO ALL LANDOWNERS WITHIN A 10-MILE RADIUS OF THE AIRPORT, CONSISTENT WITH THE 32-POINT PROGRAM ADOPTED BY THE WAYNE COUNTY COMMISSION ON DECEMBER 17, 1992 IN RESOLUTION 92-807, WHETHER COMPLETED WITH FEDERAL ASSISTANCE, PASSENGER FACILITY CHARGES, OR BY ADDITION TO THE LANDING FEES CHARGED TO USERS OF THE AIRPORT.
(D) TO OPERATE THE AIRPORT IN A MANNER THAT IS MOST ECONOMICAL TO THE TRAVELING PUBLIC, INCLUDING ASSURING THAT ALL CONCESSIONAIRES COMPLY WITH A STREET PRICING POLICY, AND ASSURING THAT EVERY ECONOMICAL FORM OF GROUND TRANSPORTATION IS OFFERED AND ACCOMMODATED.
(E) TO ASSURE THAT AIRLINES THAT OCCUPY A NONDOMINANT NICHE AT THE AIRPORT HAVE FULL AND EQUAL ACCOMMODATIONS AND ACCESS TO SERVING THE TRAVELING PUBLIC.
(F) TO ASSURE THAT ALL AIRPORT OPERATIONS ARE PLANNED AND OPERATED EFFICIENTLY, EFFECTIVELY, AND PRIMARILY FOR THE BENEFIT OF THE PUBLIC AND THE BROAD REGIONAL ECONOMY.
(6) THE BOARD SHALL ISSUE AN ANNUAL PUBLIC REPORT THAT SETS FORTH IN DETAIL ALL STEPS TAKEN DURING THE COURSE OF THE YEAR TO ACHIEVE THE AFFIRMATIVE OBJECTIVES SET FORTH IN SUBSECTION (5), INCLUDING AT LEAST THE FOLLOWING ELEMENTS:
(A) THE CHANGES UP OR DOWN IN THE AVERAGE COSTS OF AIRLINE TICKETS BY CARRIER TO THE 100 MOST POPULAR DESTINATIONS TO AND FROM THE AIRPORT.
(B) THE COST AND NUMBER OF HOMES INSULATED AGAINST EXCESSIVE NOISE AND STEPS TAKEN ON THE OTHER 32 ELEMENTS OF THE NOISE MITIGATION PROGRAM.
(C) A SURVEY OF COMPLIANCE WITH THE STREET PRICING POLICY." and renumbering the remaining subsections.
The question being on the adoption of the amendment offered by Rep. Waters,
Rep. Waters demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Waters,
The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 258 Yeas--44
| Adamini | Dennis | Mans | Sheltrown |
| Anderson | Garza | McConico | Spade |
| Basham | Gieleghem | Minore | Stewart |
| Bernero | Hale | Murphy | Switalski |
| Bogardus | Hansen | Neumann | Waters |
| Bovin | Hardman | O'Neil | Whitmer |
| Brown, B. | Jacobs | Patterson | Williams |
| Brown, R. | Jamnick | Phillips | Wojno |
| Clark, I. | Kolb | Rison | Woodward |
| Clarke, H. | Lemmons | Rocca | Woronchak |
| Daniels | Lipsey | Schermesser | Zelenko |
Nays--45
| Birkholz | Gosselin | Kuipers | Richardville |
| Bisbee | Hager | LaSata | Richner |
| Bishop | Hart | Mead | Scranton |
| Brown, C. | Howell | Meyer | Shulman |
| Cassis | Hummel | Middaugh | Stamas |
| Caul | Jelinek | Mortimer | Tabor |
| DeVuyst | Johnson, Rick | Newell | Toy |
| DeWeese | Johnson, Ruth | Palmer | Vander Roest |
| Drolet | Julian | Pappageorge | Vander Veen |
| Faunce | Koetje | Pumford | Vear |
| George | Kowall | Raczkowski | Voorhees |
Gilbert
In The Chair: Ehardt
Rep. Middaugh moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Middaugh moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the House returned to the order of
Third Reading of Bills
Senate Bill No. 690, entitled
A bill to amend 1945 PA 327, entitled "Aeronautics code of the state of Michigan," (MCL 259.1 to 259.208) by amending the title and by adding chapter VIA.
The bill was read a third time.
The question being on the passage of the bill,
After debate,
Rep. Basham demanded the previous question.
The demand was supported.
The question being, "Shall the main question now be put?"
The previous question was ordered.
The question being on the passage of the bill,
The bill was then passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 259 Yeas--75
| Adamini | Godchaux | Mans | Scranton |
| Allen | Gosselin | Mead | Shackleton |
| Birkholz | Hager | Meyer | Sheltrown |
| Bisbee | Hart | Middaugh | Shulman |
| Bishop | Howell | Mortimer | Spade |
| Bovin | Hummel | Neumann | Stamas |
| Bradstreet | Jacobs | Newell | Stewart |
| Brown, C. | Jamnick | Palmer | Switalski |
| Brown, R. | Jelinek | Pappageorge | Tabor |
| Cassis | Johnson, Rick | Patterson | Toy |
| DeRossett | Johnson, Ruth | Pestka | Van Woerkom |
| DeVuyst | Julian | Phillips | Vander Roest |
| DeWeese | Koetje | Pumford | Vander Veen |
| Drolet | Kolb | Raczkowski | Vear |
| Ehardt | Kooiman | Richardville | Voorhees |
| Faunce | Kowall | Richner | Whitmer |
| Frank | Kuipers | Rivet | Wojno |
| George | LaSata | Rocca | Zelenko |
| Gilbert | Lockwood | Schauer |
Nays--31
| Anderson | Dennis | McConico | Schermesser |
| Basham | Garza | Minore | Stallworth |
| Bernero | Gieleghem | Murphy | Thomas |
| Bogardus | Hale | O'Neil | Waters |
| Brown, B. | Hansen | Plakas | Williams |
| Clark, I. | Hardman | Quarles | Woodward |
| Clarke, H. | Lemmons | Reeves | Woronchak |
| Daniels | Lipsey | Rison |
In The Chair: Ehardt
The question being on agreeing to the title of the bill,
Rep. Patterson moved to amend the title to read as follows:
A bill to amend 1945 PA 327, entitled "An act relating to aeronautics in this state; providing for the development and regulation thereof; creating a state aeronautics commission; prescribing powers and duties; providing for the licensing, or registration, or supervision and control of all aircraft, airports and landing fields, schools of aviation, flying clubs, airmen, aviation instructors, airport managers, manufacturers, dealers, and commercial operation in intrastate commerce; providing for rules pertaining thereto; prescribing a privilege tax for the use of the aeronautical facilities on the lands and waters of this state; providing for the acquisition, development, and operation of airports, landing fields, and other aeronautical facilities by the state and by political subdivisions; providing jurisdiction of crimes, torts, and contracts; providing police powers for those entrusted to enforce this act; providing for civil liability of owners, operators, and others; making hunting from aircraft unlawful; providing for repair station operators lien; providing for appeals from rules or orders issued by the commission; providing for the transfer from the Michigan board of aeronautics to the aeronautics commission all properties and funds held by the board of aeronautics; providing for a state aeronautics fund and making an appropriation therefor; prescribing penalties; and making uniform the law with reference to state development and regulation of aeronautics," (MCL 259.1 to 259.208) by amending the title and by adding chapter VIA; and to repeal acts and parts of acts.
The motion prevailed.
The House agreed to the title as amended.
Rep. Richardville moved that the bill be given immediate effect.
The question being on the motion made by Rep. Richardville,
Rep. Jacobs demanded the yeas and nays.
The demand was supported.
The question being on the motion made by Rep. Richardville,
The motion prevailed, 2/3 of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 260 Yeas--76
| Adamini | Gilbert | Lockwood | Schauer |
| Allen | Godchaux | Mans | Scranton |
| Birkholz | Hager | Mead | Shackleton |
| Bisbee | Hansen | Meyer | Sheltrown |
| Bishop | Hart | Middaugh | Shulman |
| Bovin | Howell | Mortimer | Spade |
| Bradstreet | Hummel | Neumann | Stamas |
| Brown, C. | Jacobs | Newell | Stewart |
| Brown, R. | Jamnick | Palmer | Switalski |
| Cassis | Jelinek | Pappageorge | Tabor |
| Caul | Johnson, Rick | Patterson | Toy |
| DeRossett | Johnson, Ruth | Pestka | Van Woerkom |
| DeVuyst | Julian | Phillips | Vander Roest |
| DeWeese | Koetje | Pumford | Vander Veen |
| Drolet | Kolb | Raczkowski | Vear |
| Ehardt | Kooiman | Richardville | Voorhees |
| Faunce | Kowall | Richner | Whitmer |
| Frank | Kuipers | Rivet | Wojno |
| George | LaSata | Rocca | Zelenko |
Nays--29
| Anderson | Dennis | McConico | Schermesser |
| Basham | Garza | Minore | Stallworth |
| Bernero | Gieleghem | Murphy | Thomas |
| Bogardus | Hale | O'Neil | Waters |
| Brown, B. | Hardman | Plakas | Williams |
| Clark, I. | Lemmons | Quarles | Woodward |
| Clarke, H. | Lipsey | Reeves | Woronchak |
Daniels
In The Chair: Ehardt
Second Reading of Bills
Senate Bill No. 880, entitled
A bill to create a telecommunication rights-of-way oversight authority; to provide for fees; to prescribe the powers and duties of municipalities and certain state agencies and officials; to provide for penalties; and to repeal acts and parts of acts.
Was read a second time, and the question being on the adoption of the proposed substitute (H-4) previously recommended by the Committee on Energy and Technology,
The substitute (H-4) was adopted, a majority of the members serving voting therefor.
Rep. Bob Brown moved to amend the bill as follows:
1. Amend page 21, line 15, after "funds." by inserting "The authority shall prescribe the form of the report to be filed under this subsection, which report shall be in a simplified format.".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Bradstreet moved to amend the bill as follows:
1. Amend page 19, line 17, after "same" by striking out "space on".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Bradstreet moved to amend the bill as follows:
1. Amend page 26, line 14, after "another" by striking out "telecommunication provider of" and inserting "person providing".
2. Amend page 26, line 18, after "another" by striking out "telecommunication provider of" and inserting "person providing".
The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.
Rep. Bradstreet moved to amend the bill as follows:
1. Amend page 16, line 11, after "to" by striking out "obtain a permit,".
2. Amend page 16, line 12, after "charges" by striking out the comma.
The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.
Rep. Middaugh moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Middaugh moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the House returned to the order of
Third Reading of Bills
Senate Bill No. 880, entitled
A bill to create a telecommunication rights-of-way oversight authority; to provide for fees; to prescribe the powers and duties of municipalities and certain state agencies and officials; to provide for penalties; and to repeal acts and parts of acts.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 261 Yeas--100
| Adamini | Frank | Lemmons | Rivet |
| Allen | Garza | Lipsey | Rocca |
| Anderson | George | Lockwood | Schauer |
| Basham | Gieleghem | Mans | Schermesser |
| Bernero | Gilbert | McConico | Shackleton |
| Birkholz | Godchaux | Mead | Sheltrown |
| Bisbee | Hager | Meyer | Shulman |
| Bishop | Hale | Middaugh | Spade |
| Bogardus | Hansen | Minore | Stallworth |
| Bovin | Hardman | Mortimer | Stamas |
| Bradstreet | Hart | Murphy | Switalski |
| Brown, B. | Howell | Neumann | Tabor |
| Brown, C. | Hummel | Newell | Thomas |
| Brown, R. | Jacobs | O'Neil | Toy |
| Cassis | Jamnick | Palmer | Van Woerkom |
| Caul | Jelinek | Pappageorge | Vander Roest |
| Clark, I. | Johnson, Rick | Pestka | Vander Veen |
| Clarke, H. | Johnson, Ruth | Phillips | Vear |
| Daniels | Julian | Plakas | Voorhees |
| Dennis | Koetje | Pumford | Waters |
| DeRossett | Kolb | Quarles | Whitmer |
| DeVuyst | Kooiman | Raczkowski | Williams |
| DeWeese | Kowall | Reeves | Wojno |
| Ehardt | Kuipers | Richardville | Woodward |
| Faunce | LaSata | Richner | Zelenko |
Nays--6
Drolet Patterson Stewart Woronchak
Gosselin Scranton
In The Chair: Ehardt
The House agreed to the title of the bill.
Rep. Middaugh moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Second Reading of Bills
Senate Bill No. 881, entitled
A bill to create the Michigan broadband development authority; to create funds and accounts; to authorize the issuing of bonds and notes; to prescribe the powers and duties of the authority; and to provide incentives for the development of broadband services.
Was read a second time, and the question being on the adoption of the proposed substitute (H-4) previously recommended by the Committee on Energy and Technology,
The substitute (H-4) was adopted, a majority of the members serving voting therefor.
Rep. Bob Brown moved to amend the bill as follows:
1. Amend page 7, line 23, after "appointment." by inserting "As used in this subdivision, "members of the same political party" includes a person who, in the determination of the governor, is currently a member of the same political party and a person who was a member of the same political party at any time within the immediately preceding 2 years, as attested by the person to be appointed.".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Middaugh moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Middaugh moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the House returned to the order of
Third Reading of Bills
Senate Bill No. 881, entitled
A bill to create the Michigan broadband development authority; to create funds and accounts; to authorize the issuing of bonds and notes; to prescribe the powers and duties of the authority; and to provide incentives for the development of broadband services.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 262 Yeas--98
| Adamini | Garza | Lockwood | Rocca |
| Allen | George | Mans | Schauer |
| Anderson | Gieleghem | McConico | Schermesser |
| Basham | Gilbert | Mead | Shackleton |
| Bernero | Godchaux | Meyer | Sheltrown |
| Birkholz | Hager | Middaugh | Shulman |
| Bisbee | Hale | Minore | Spade |
| Bishop | Hansen | Mortimer | Stallworth |
| Bogardus | Hardman | Murphy | Stewart |
| Bovin | Howell | Neumann | Switalski |
| Bradstreet | Hummel | Newell | Tabor |
| Brown, B. | Jacobs | O'Neil | Thomas |
| Brown, C. | Jamnick | Pappageorge | Toy |
| Brown, R. | Jelinek | Pestka | Van Woerkom |
| Cassis | Johnson, Rick | Phillips | Vander Roest |
| Clark, I. | Johnson, Ruth | Plakas | Vander Veen |
| Clarke, H. | Julian | Pumford | Vear |
| Daniels | Koetje | Quarles | Voorhees |
| Dennis | Kolb | Raczkowski | Waters |
| DeRossett | Kooiman | Reeves | Whitmer |
| DeVuyst | Kowall | Richardville | Williams |
| DeWeese | Kuipers | Richner | Wojno |
| Ehardt | LaSata | Rison | Woodward |
| Faunce | Lemmons | Rivet | Zelenko |
Frank Lipsey
Nays--9
| Caul | Hart | Patterson | Stamas |
| Drolet | Palmer | Scranton | Woronchak |
Gosselin
In The Chair: Ehardt
The House agreed to the title of the bill.
Rep. Middaugh moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Second Reading of Bills
Senate Bill No. 999, entitled
A bill to amend 1905 PA 282, entitled "An act to provide for the assessment of the property, by whomsoever owned, operated or conducted, of railroad companies, union station and depot companies, telegraph companies, telephone companies, sleeping car companies, express companies, car loaning companies, stock car companies, refrigerator car companies, and fast freight companies, and all other companies owning, leasing, running or operating any freight, stock, refrigerator, or any other cars, not being exclusively the property of any railroad company paying taxes upon its rolling stock under the provisions of this act, over or upon the line or lines of any railroad or railroads in this state, and for the levy of taxes thereon by a state board of assessors, and for the collection of such taxes, and to repeal all acts or parts of acts contravening any of the provisions of this act," (MCL 207.1 to 207.21) by adding section 13b.
Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Energy and Technology,
The substitute (H-2) was adopted, a majority of the members serving voting therefor.
Rep. Shackleton moved to amend the bill as follows:
1. Amend page 3, line 13, after "LESS" by inserting "25% OF".
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Middaugh moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Middaugh moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the House returned to the order of
Third Reading of Bills
Senate Bill No. 999, entitled
A bill to amend 1905 PA 282, entitled "An act to provide for the assessment of the property, by whomsoever owned, operated or conducted, of railroad companies, union station and depot companies, telegraph companies, telephone companies, sleeping car companies, express companies, car loaning companies, stock car companies, refrigerator car companies, and fast freight companies, and all other companies owning, leasing, running or operating any freight, stock, refrigerator, or any other cars, not being exclusively the property of any railroad company paying taxes upon its rolling stock under the provisions of this act, over or upon the line or lines of any railroad or railroads in this state, and for the levy of taxes thereon by a state board of assessors, and for the collection of such taxes, and to repeal all acts or parts of acts contravening any of the provisions of this act," (MCL 207.1 to 207.21) by adding section 13b.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 263 Yeas--105
| Adamini | Garza | Lipsey | Rivet |
| Allen | George | Lockwood | Rocca |
| Anderson | Gieleghem | Mans | Schauer |
| Basham | Gilbert | McConico | Schermesser |
| Bernero | Godchaux | Mead | Shackleton |
| Birkholz | Gosselin | Meyer | Sheltrown |
| Bisbee | Hager | Middaugh | Shulman |
| Bishop | Hale | Minore | Spade |
| Bogardus | Hansen | Mortimer | Stamas |
| Bovin | Hardman | Murphy | Stewart |
| Bradstreet | Hart | Neumann | Switalski |
| Brown, B. | Howell | Newell | Tabor |
| Brown, C. | Hummel | O'Neil | Thomas |
| Brown, R. | Jacobs | Palmer | Toy |
| Cassis | Jamnick | Pappageorge | Van Woerkom |
| Caul | Jelinek | Patterson | Vander Roest |
| Clark, I. | Johnson, Rick | Pestka | Vander Veen |
| Clarke, H. | Johnson, Ruth | Phillips | Vear |
| Daniels | Julian | Plakas | Voorhees |
| Dennis | Koetje | Pumford | Waters |
| DeRossett | Kolb | Quarles | Whitmer |
| DeVuyst | Kooiman | Raczkowski | Williams |
| DeWeese | Kowall | Reeves | Wojno |
| Drolet | Kuipers | Richardville | Woodward |
| Ehardt | LaSata | Richner | Woronchak |
| Faunce | Lemmons | Rison | Zelenko |
Frank
Nays--1
Scranton
In The Chair: Ehardt
The House agreed to the title of the bill.
Rep. Middaugh 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. Shackleton, DeWeese, Richardville, Julian, Richner, Faunce, Sheltrown, Hale, Basham, Kuipers, Spade, Anderson, Neumann, Switalski, Lockwood, Schauer, Howell, Ehardt, Vander Veen, McConico, Shulman, Drolet, Adamini, Clarke, Vander Roest, Woodward, Zelenko, Bishop, Voorhees, Toy, Gosselin, Mead, Birkholz, Koetje, Kowall, Hager, DeRossett, Raczkowski, DeVuyst, Van Woerkom, Cassis, Tabor, Rich Brown, Pappageorge, George, Kooiman and Murphy offered the following resolution:
House Resolution No. 363.
A resolution honoring the life of Paul Hellow.
Whereas, With the recent passing of Mr. Paul Hellow, the people of this state have lost an individual who devoted his life to his family, faith, and his country; and
Whereas, Paul Hellow was born in Detroit, Michigan, in 1915. He was a first-generation American and one of ten children his parents, Anthony and Effie of Lebanon, raised in a home filled with love and respect. Paul helped support his family during the Great Depression through work with the National Youth Administration during the onset of federal work programs created by President Roosevelt. He later helped convert manufacturing at the Packard Motor Company to create Rolls Royce engines for the airplanes that would help win World War II; and
Whereas, He soon learned the true meaning of patriotism as he served with the United States Navy in the South Pacific on the USS Baham and USS Prometheus, earning honors such as the World War II Victory Ribbon, Philippine Liberation Ribbon, and the American Area Ribbon; and
Whereas, After leaving active duty, Paul Hellow continued to work for the United States government where he remained a valuable and loyal federal employee until his retirement in 1991, completing more than 50 years of service to the people of the United States. He also remained a member of the Navy Reserve until age 61, retiring with the rank of Master Machinist Chief; and
Whereas, Paul Hellow was a devoted family man, helping support and care for his parents, and the growing families surrounding his nine siblings. He sponsored his nephew and niece from Lebanon, allowing these young individuals to gain higher education and start a life in the United States. Paul Hellow was finally able to briefly return to Lebanon at the age of 66 to meet his brother, Wadih, for the first time; and
Whereas, Paul Hellow was a dedicated member of St. Maron's Parish, Knights of Columbus, Veterans of Foreign Wars, and served as chaplain of the Fleet Reserve Association until his passing on February 13, 2002; now, therefore, be it
Resolved by the House of Representative, That the members of this legislative body honor the life of Paul Hellow; and be it further
Resolved, That a copy of this resolution be transmitted to the family of Paul Hellow as evidence of our sincerest condolences.
The question being on the adoption of the resolution,
The resolution was adopted.
Reps. DeRossett, Raczkowski, Howell, DeVuyst, Patterson, Van Woerkom, Faunce, Meyer, Palmer, Ehardt, Cassis, Bisbee, Gilbert, DeWeese, Richardville, Julian, Richner, Sheltrown, Basham, Kuipers, Spade, Anderson, Neumann, Switalski, Lockwood, Schauer, Vander Veen, Thomas, Minore, Lipsey, McConico, Wojno, Bernero, Shulman, Drolet, Jamnick, Gieleghem, Adamini, Clarke, Vander Roest, Bogardus, Woodward, Zelenko, Bishop, Voorhees, Toy, Mead, Birkholz, Koetje, Kowall, Hager, Scranton, Lemmons, Tabor, Rich Brown, Plakas, Pappageorge, George, Kooiman and Murphy offered the following resolution:
House Resolution No. 364.
A resolution congratulating Todd Buter for his outstanding accomplishments as Michigan's Horseman of the Year for 2001.
Whereas, We are proud to join with members of the Michigan Harness Horsemen's Association in congratulating Todd Buter upon being voted the Michigan Horseman of the Year for 2001. The excellence shown in the racing arena by this talented and hardworking owner, trainer, and driver of standardbred horses provides an outstanding example of the rewards gained through a love and dedication of one's sport; and
Whereas, As Director of Michigan Harness Horsemen's Association, Todd Buter brings more than hard work and readiness to each performance. His inextinguishable energy and will to claim victory in each race is every bit as impressive as his ability to compete; and
Whereas, Todd's expert training abilities have been demonstrated by his five consecutive years with a .300 or better universal training rating. He also posted a universal driver rating of .300 or better in 16 of the last 17 years. His poise under the pressure of intense competition serves as an example to all athletes struggling for recognition in any sport; now, therefore, be it
Resolved by the House of Representatives, That the members of this legislative body congratulate Todd Buter for his outstanding accomplishments as Michigan's Horseman of the Year for 2001. May his determination grow stronger each day and positively influence his every endeavor in the many years ahead; and be it further
Resolved, That a copy of this resolution be transmitted to Todd Buter as a token of our esteem.
Pending the reference of the resolution to a committee,
Rep. Patterson 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. Spade, DeWeese, Richardville, Julian, Richner, Faunce, Sheltrown, Basham, Kuipers, Anderson, Neumann, Switalski, Lockwood, Rivet, Schauer, Hansen, Ehardt, Vander Veen, Thomas, Minore, Lipsey, McConico, Shulman, Drolet, Jamnick, Quarles, Gieleghem, Adamini, Clarke, Vander Roest, Mans, Bogardus, Woodward, Zelenko, Mead, Birkholz, Kowall, Hager, DeRossett, Raczkowski, DeVuyst, Van Woerkom, Lemmons, Rich Brown, Plakas, Pappageorge, George and Murphy offered the following resolution:
House Resolution No. 365.
A resolution memorializing the United States Postal Service and the Citizens Stamp Advisory Committee to issue a postal stamp to honor our coal miners and to commemorate their contributions to our nation and its citizens.
Whereas, Coal was first discovered in Michigan in 1835. Coal mining was a significant industry in this state until the last deep coal mine closed in 1952. Portions of 32 counties in central lower Michigan are included in Michigan's coal basin with an estimated 300 million tons of reserves still in existence and available for mining; and
Whereas, Pioneers first began extracting bituminous coal near Jackson and used it as fuel to power locomotives and large factory engines following the Civil War. Larger operations opened in the late 1880s in the Bay and Saginaw Counties and by the 1900s were producing almost 800,000 tons of coal; and
Whereas, Coal mining in Michigan reached its peak in 1907, producing 2 million tons in that one year, compared to 3.4 million tons during the entire previous century. When Michigan's last coal mine closed in 1952, located in Saginaw County, the state's mines had produced approximately 46 million tons of coal. While an open-pit mine operated briefly in Ingham County in the mid-1970s, falling prices had brought an end to mining in the state; and
Whereas, Early mining operations in Michigan saw workers overcome incredible difficulties to bring coal to the surface. They frequently had to stand in pools of water, breathe rank air, and use lard lamps to see what they were doing. Often, miners had to lie on their bellies in wet mud while chipping away at the seams of coal; and
Whereas, Our entire nation could never repay coal miners for the difficult and dangerous job they performed so that we could operate our industries and heat our homes; and
Whereas, It would be proper and fitting for our nation to recognize coal miners, both past and present, for their contributions to this nation; now, therefore, be it
Resolved by the House of Representatives, That the members of this legislative body memorialize the United States Postal Service and the Citizens Stamp Advisory Committee to issue a postal stamp to honor our coal miners and to commemorate their contributions to our nation and its citizens; and be it further
Resolved, That copies of this resolution be transmitted to the United States Postal Service, members of the Citizens Stamp Advisory Committee, the President of the United States Senate, the Speaker of the United States House of Representatives, and the Michigan congressional delegation.
The resolution was referred to the Committee on House Oversight and Operations.
Messages from the Senate
House Bill No. 5111, entitled
A bill to amend 1937 PA 345, entitled "Fire fighters and police officers retirement act," by amending sections 6 and 9 (MCL 38.556 and 38.559), as amended by 1991 PA 54.
The Senate has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The House agreed to the full title.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 5113, entitled
A bill to amend 1986 PA 182, entitled "State police retirement act of 1986," by amending section 43 (MCL 38.1643), as amended by 1991 PA 53.
The Senate has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The House agreed to the full title.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 5108, entitled
A bill to protect certain rights that public employees have in retirement benefits under certain circumstances; and to prescribe the powers and duties of certain retirement systems, state departments, courts, public officials, and public employees.
The Senate has substituted (S-1) the bill.
The Senate has passed the bill as substituted (S-1), ordered that it be given immediate effect and amended the title to read as follows:
A bill to protect certain rights that public employees have in retirement benefits under certain circumstances; to provide for the establishment of certain funds and arrangements; and to prescribe the powers and duties of certain retirement systems, state departments, courts, public officials, and public employees.
The Speaker announced that pursuant to Rule 45, the bill was laid over one day.
House Bill No. 5110, entitled
A bill to amend 1980 PA 300, entitled "The public school employees retirement act of 1979," by amending sections 46 and 85 (MCL 38.1346 and 38.1385), section 46 as amended by 1991 PA 47 and section 85 as amended by 1998 PA 213.
The Senate has substituted (S-1) the bill.
The Senate has passed the bill as substituted (S-1), ordered that it be given immediate effect and amended the title to read as follows:
A bill to amend 1980 PA 300, entitled "An act to provide a retirement system for the public school employees of this state; to create certain funds for this retirement system; to provide for the creation of a retirement board within the department of management and budget; to prescribe the powers and duties of the retirement board; to prescribe the powers and duties of certain state departments, agencies, officials, and employees; to prescribe penalties and provide remedies; and to repeal acts and parts of acts," by amending sections 4, 34, 36, 41, 43a, 46, 85, and 108 (MCL 38.1304, 38.1334, 38.1336, 38.1341, 38.1343a, 38.1346, 38.1385, and 38.1408), sections 4, 34, 36, and 41 as amended by 1997 PA 143, section 43a as amended by 1990 PA 298, section 46 as amended by 1991 PA 47, and sections 85 and 108 as amended by 1998 PA 213.
The Speaker announced that pursuant to Rule 45, the bill was laid over one day.
House Bill No. 5114, entitled
A bill to amend 1957 PA 261, entitled "Michigan legislative retirement system act," by amending sections 57 and 80 (MCL 38.1057 and 38.1080), section 57 as amended by 1995 PA 258 and section 80 as added by 1996 PA 486.
The Senate has substituted (S-1) the bill.
The Senate has passed the bill as substituted (S-1), ordered that it be given immediate effect and amended the title to read as follows:
A bill to amend 1957 PA 261, entitled "An act for the creation, maintenance, and administration of a legislative members' and presiding officers' retirement system within the legislature; to provide retirement allowances to the participants of the retirement system, and survivors' allowances and other benefits to their beneficiaries upon death; to exempt those allowances and benefits from certain taxes and legal processes; to authorize and make appropriations for the retirement system; to prescribe the powers and duties of certain state departments, agencies, officials, and employees; and to prescribe penalties and provide remedies,"by amending the title and sections 8a, 9, 13a, 14, 20, 22a, 22c, 23, 23d, 26, 30, 57, 59a, 61, 62, 63, and 80 (MCL 38.1008a, 38.1009, 38.1013a, 38.1014, 38.1020, 38.1022a, 38.1022c, 38.1023, 38.1023d, 38.1026, 38.1030, 38.1057, 38.1059a, 38.1061, 38.1062, 38.1063, and 38.1080), the title as amended and sections 61, 63, and 80 as added by 1996 PA 486, sections 8a and 59a as added by 1995 PA 175, sections 9, 22c, 23, 23d, and 26 as amended by 1998 PA 501, section 13a as amended by 1998 PA 78, sections 14 and 20 as amended by 1981 PA 123, sections 22a and 30 as amended by 1994 PA 359, section 57 as amended by 1995 PA 258, and section 62 as amended by 1998 PA 305.
The Speaker announced that pursuant to Rule 45, the bill was laid over one day.
House Bill No. 5674, entitled
A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending sections 821, 822, and 8148 (MCL 600.821, 600.822, and 600.8148), section 821 as amended by 1998 PA 298 and section 822 as amended by 1998 PA 313, and by adding sections 810a and 8179.
The Senate has substituted (S-1) the bill.
The Senate has passed the bill as substituted (S-1) and amended the title to read as follows:
A bill to amend 1961 PA 236, entitled "An act to revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of such courts, and of the judges and other officers thereof; the forms and attributes of civil claims and actions; the time within which civil actions and proceedings may be brought in said courts; pleading, evidence, practice and procedure in civil and criminal actions and proceedings in said courts; to provide remedies and penalties for the violation of certain provisions of this act; to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act; and to repeal acts and parts of acts," by amending sections 512, 524, 527, 535, 549b, 549e, 550a, 821, 821a, 822, 8143, 8144, 8146, 8147, 8148, 8152, and 8176, (MCL 600.512, 600.524, 600.527, 600.535, 600.549b, 600.549e, 600.550a, 600.821, 600.821a, 600.822, 600.8143, 600.8144, 600.8146, 600.8147, 600.8148, 600.8152, and 600.8176), sections 535, 550a, and 8147 as amended by 1990 PA 54, section 549e as added by 1980 PA 129, section 821 as amended by 1998 PA 298, section 821a as added by 1998 PA 100, section 822 as amended by 1998 PA 313, section 8152 as amended by 2000 PA 38, and section 8176 as amended by 1994 PA 138, and by adding section 810a; and to repeal acts and parts of acts.
The Speaker announced that pursuant to Rule 45, the bill was laid over one day.
House Concurrent Resolution No. 48.
A concurrent resolution to urge the United States Department of Energy and the Nuclear Regulatory Commission to fulfill their obligation to establish a permanent repository for high-level nuclear waste.
(For text of resolution, see House Journal No. 78 of 2001, p. 2278.)
The Senate has substituted (S-2) the concurrent resolution as follows:
Substitute for House Concurrent Resolution No. 48.
A concurrent resolution to support the United States Department of Energy and the Nuclear Regulatory Commission in their efforts to fulfill their obligation to establish a permanent repository for high-level nuclear waste.
Whereas, Over the past four decades, nuclear power has become a significant source for the nation's production of electricity. Michigan is among the majority of states that derive energy from nuclear plants; and
Whereas, Since the earliest days of nuclear power, the great dilemma associated with this technology is how to deal with the waste material that is produced. This high-level radioactive waste material demands exceptional care in all facets of its storage and disposal, including the transportation of this material; and
Whereas, In 1982, Congress passed the Nuclear Waste Policy Act of 1982. This legislation requires the federal government, through the Department of Energy, to build a facility for the permanent storage of high-level nuclear waste. This act, which was amended in 1987, includes a specific timetable to identify a suitable location and to establish the waste facility. The costs for this undertaking are to be paid from a fee that is assessed on all nuclear energy produced; and
Whereas, In accordance with the federal act, Michigan electric customers have paid $405.8 million into this federal fund for construction of the federal waste facility; and
Whereas, There are serious concerns that the federal government is not complying with the timetables set forth in federal law. Every delay places our country at greater risk, because the large number of temporary storage sites at nuclear facilities across the country make us vulnerable to potential problems. The events since September 11, 2001, clearly illustrate the urgency of the need to establish a safe and permanent high-level nuclear waste facility as soon as possible. The Department of Energy, working with the Nuclear Regulatory Commission, must not fail to meet its obligation as provided by law. There is too much at stake; now, therefore, be it
Resolved by the House of Representatives (the Senate concurring), That we support the United States Department of Energy and the Nuclear Regulatory Commission in their efforts to fulfill their obligation to establish a permanent repository for high-level nuclear waste; and be it further
Resolved, That copies of this resolution be transmitted to the United States Department of Energy, the Nuclear Regulatory Commission, 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 as substituted (S-2) and named Senator Goschka as co-sponsor.
The question being on concurring in the substitute (S-2) made to the concurrent resolution by the Senate,
Rep. Patterson moved that consideration of the concurrent resolution be postponed for the day.
The motion prevailed.
______
Rep. DeRossett moved that the House adjourn.
The motion prevailed, the time being 6:10 p.m.
Associate Speaker Pro Tempore Ehardt declared the House adjourned until Thursday, March 14, at 12:00 Noon.
GARY L. RANDALL
Clerk of the House of Representatives.