No. 12
STATE OF MICHIGAN
JOURNAL
OF THE
House of Representatives
89th Legislature
REGULAR SESSION OF 1998
House Chamber, Lansing, Wednesday, February 11, 1998.
2:00 p.m.
The House was called to order by the Associate Speaker Pro Tempore.
The roll was called by the Clerk of the House of Representatives, who announced that a quorum was present.
Agee--present
Alley--present
Anthony--present
Baade--present
Baird--present
Bankes--present
Basham--present
Birkholz--present
Bobier--present
Bodem--present
Bogardus--present
Brackenridge--present
Brater--present
Brewer--present
Brown--present
Byl--present
Callahan--present
Cassis--present
Cherry--present
Ciaramitaro--present
Crissman--present
Cropsey--present
Curtis--present
Dalman--present
DeHart--present
DeVuyst--present
Dobb--present
Dobronski--present
Emerson--excused
Fitzgerald--present
Frank--present
Freeman--present
Gagliardi--present
Galloway--present
Geiger--present
Gernaat--present
Gilmer--present
Gire--present
Godchaux--present
Goschka--present
Green--present
Griffin--absent
Gubow--present
Gustafson--present
Hale--present
Hammerstrom--present
Hanley--present
Harder--present
Hertel--present
Hood--present
Horton--present
Jansen--present
Jelinek--present
Jellema--present
Johnson--present
Kaza--present
Kelly--excused
Kilpatrick--e/d/s
Kukuk--present
LaForge--present
Law--present
Leland--present
LeTarte--present
Llewellyn--present
London--present
Lowe--present
Mans--present
Martinez--present
Mathieu--present
McBryde--present
McManus--present
McNutt--present
Middaugh--present
Middleton--present
Murphy--present
Nye--present
Olshove--present
Owen--present
Oxender--present
Palamara--present
Parks--present
Perricone--present
Price--present
Profit--present
Prusi--present
Quarles--present
Raczkowski--present
Rhead--present
Richner--present
Rison--present
Rocca--present
Schauer--present
Schermesser--present
Schroer--present
Scott--present
Scranton--present
Sikkema--present
Stallworth--present
Tesanovich--present
Thomas--present
Varga--excused
Vaughn--present
Voorhees--present
Walberg--present
Wallace--present
Wetters--e/d/s
Whyman--present
Willard--present
Wojno--present
e/d/s = entered during session
Allen L. Lanstra, parish lay minister of Faith Lutheran Church, Grand Blanc, Michigan, offered the following invocation:
"Heavenly Father, We thank You for the blessings You have given to us. We thank You for our country and this great State of Michigan whose beautiful cities, countryside, farmlands and lakes abundantly provide for our needs. We thank You for the resources that You have given to us. Resources that have been so plentiful that we sometimes take them for granted. Most of all we thank You for the diversity, commitment and intellect of the people of this great state whose determination and will have made this state the state of opportunity and security for all who reside here.
Lord, as we begin this session of Legislature we pray that You be with the members of this body to lead them and guide them in the business that You have entrusted into their care. We ask that You give them the wisdom to act not only as elected representatives of their constituents but also to serve as an implement of Your will. Let this body function in unity to attend to those matters which are of concern to the efficient operation of government and the well being of the people. We also ask that they address their business with compassion and understanding using the time You have given them effectively and efficiently. Give them the opportunity to apply their skills and talents in a way that will demonstrate responsible leadership and set a positive example. We pray that this example will serve, in part, as a guideline for others, especially our children who are in the process of learning how our government works and who are the future for this great State of Michigan and the United States of America. May the peace and love of God be with us all and be the source of our strength for now and forever. Amen."
______
Rep. Dobronski moved that Reps. Varga, Emerson and Kelly be excused from today's session.
The motion prevailed.
Third Reading of Bills
House Bill No. 4207, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 21707 and 21715 (MCL 333.21707 and 333.21715) and by adding sections 21714 and 21720c.
The bill was read a third time.
The question being on the passage of the bill,
Rep. Schroer moved to amend the bill as follows:
1. Amend page 2, line 10, after "HOME" by striking out "OR HOSPITAL LONG-TERM CARE UNIT".
2. Amend page 2, line 12, after "HOME" by striking out "OR HOSPITAL LONG-TERM CARE UNIT".
3. Amend page 2, line 13, after "HOME" by striking out "OR HOSPITAL LONG-TERM CARE UNIT".
4. Amend page 2, line 15, after "HOME" by striking out "OR HOSPITAL LONG-TERM CARE UNIT".
5. Amend page 2, line 16, after "HOME" by striking out "OR HOSPITAL LONG-TERM CARE UNIT".
6. Amend page 2, line 18, after "HOME" by striking out "OR HOSPITAL LONG-TERM CARE UNIT".
7. Amend page 2, line 21, after "HOME" by striking out the balance of the line through "UNIT" on line 22.
8. Amend page 2, line 23, after "HOME" by striking out the balance of the line through "UNIT" on line 24.
9. Amend page 2, line 25, after "HOME" by striking out the balance of the line through "UNIT" on line 26.
10. Amend page 3, line 3, after "HOME" by striking out the balance of the line through "UNIT" on line 4.
11. Amend page 3, line 4, after "HOME" by striking out the balance of the line through "UNIT" on line 5.
12. Amend page 3, line 8, after "HOME" by striking out "OR HOSPITAL LONG-TERM CARE UNIT".
The motion was seconded and the amendments were adopted, a majority of the members serving voting therefor.
Rep. Schroer moved to amend the bill as follows:
1. Amend page 3, line 6, after "ADMISSION" by inserting "OR, IF THE ADMISSION TAKES PLACE ON A FRIDAY, SATURDAY, OR SUNDAY, WITHIN 72 HOURS OF ADMISSION,".
The motion was seconded and the amendment was adopted, a majority of the members serving voting therefor.
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. 54 Yeas--102
Agee Dobronski Kaza Price
Alley Fitzgerald Kukuk Profit
Anthony Frank LaForge Prusi
Baade Freeman Law Quarles
Baird Gagliardi Leland Raczkowski
Bankes Galloway LeTarte Rhead
Basham Geiger Llewellyn Richner
Birkholz Gernaat London Rison
Bobier Gilmer Lowe Rocca
Bodem Gire Mans Schauer
Bogardus Godchaux Martinez Schermesser
Brackenridge Goschka Mathieu Schroer
Brater Green McBryde Scott
Brewer Gubow McManus Scranton
Brown Gustafson McNutt Sikkema
Byl Hale Middaugh Stallworth
Callahan Hammerstrom Middleton Tesanovich
Cassis Hanley Murphy Thomas
Cherry Harder Nye Vaughn
Ciaramitaro Hertel Olshove Voorhees
Crissman Hood Owen Walberg
Cropsey Horton Oxender Wallace
Dalman Jansen Palamara Whyman
DeHart Jelinek Parks Willard
DeVuyst Jellema Perricone Wojno
Dobb Johnson
Nays--0
In The Chair: Gire
The House agreed to the title of the bill.
Rep. Gagliardi moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
House Bill No. 5365, entitled
A bill to amend 1996 PA 376, entitled "Michigan renaissance zone act," by amending section 10 (MCL 125.2690).
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 55 Yeas--97
Agee Dobb Jellema Perricone
Alley Dobronski Johnson Price
Anthony Fitzgerald Kaza Profit
Baade Frank Kukuk Prusi
Baird Gagliardi LaForge Quarles
Bankes Galloway Law Raczkowski
Basham Geiger Leland Rhead
Birkholz Gernaat LeTarte Richner
Bobier Gilmer Llewellyn Rison
Bodem Gire London Rocca
Bogardus Godchaux Mans Schauer
Brackenridge Goschka Martinez Schermesser
Brater Green Mathieu Schroer
Brewer Gubow McBryde Scott
Brown Gustafson McManus Scranton
Byl Hale McNutt Sikkema
Callahan Hammerstrom Middaugh Stallworth
Cassis Hanley Middleton Tesanovich
Cherry Harder Murphy Thomas
Ciaramitaro Hertel Olshove Vaughn
Crissman Hood Owen Voorhees
Curtis Horton Oxender Wallace
Dalman Jansen Palamara Willard
DeHart Jelinek Parks Wojno
DeVuyst
Nays--5
Cropsey Nye Walberg Whyman
Lowe
In The Chair: Gire
The House agreed to the title of the bill.
Rep. Gagliardi moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
House Bill No. 5237, entitled
A bill to amend 1941 PA 207, entitled "Fire prevention code," by amending section 19 (MCL 29.19).
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 56 Yeas--97
Agee Dobb Kaza Perricone
Alley Dobronski Kukuk Price
Anthony Fitzgerald LaForge Profit
Baade Frank Law Prusi
Baird Freeman Leland Quarles
Bankes Gagliardi LeTarte Richner
Basham Galloway Llewellyn Rison
Birkholz Geiger London Rocca
Bobier Gilmer Lowe Schauer
Bodem Gire Mans Schermesser
Bogardus Godchaux Martinez Schroer
Brackenridge Goschka Mathieu Scott
Brater Gubow McBryde Scranton
Brewer Gustafson McManus Sikkema
Brown Hale McNutt Stallworth
Byl Hammerstrom Middaugh Tesanovich
Callahan Hanley Middleton Thomas
Cassis Harder Murphy Vaughn
Cherry Hertel Nye Voorhees
Ciaramitaro Hood Olshove Walberg
Crissman Horton Owen Wallace
Cropsey Jansen Oxender Whyman
Curtis Jelinek Palamara Willard
Dalman Johnson Parks Wojno
DeHart
Nays--6
DeVuyst Green Raczkowski Rhead
Gernaat Jellema
In The Chair: Gire
The House agreed to the title of the bill.
Rep. Gagliardi moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Second Reading of Bills
House Bill No. 5476, entitled
A bill to amend 1976 PA 451, entitled "The revised school code," by amending sections 1531 and 1532 (MCL 380.1531 and 380.1532), as amended by 1995 PA 289.
The bill was read a second time.
Reps. Dalman and Cherry moved to amend the bill as follows:
1. Amend page 6, line 19, after "education" by striking out "OR OTHER SUBJECT AREA".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Cherry moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed, a majority of the members voting therefor.
Rep. Gagliardi moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
______
Rep. Wetters entered the House Chambers.
By unanimous consent the House returned to the order of
Third Reading of Bills
House Bill No. 5476, entitled
A bill to amend 1976 PA 451, entitled "The revised school code," by amending sections 1531 and 1532 (MCL 380.1531 and 380.1532), as amended by 1995 PA 289.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 57 Yeas--99
Agee DeVuyst Johnson Price
Alley Dobb Kukuk Profit
Anthony Dobronski LaForge Prusi
Baade Fitzgerald Law Quarles
Baird Frank Leland Rhead
Bankes Freeman LeTarte Richner
Basham Gagliardi Llewellyn Rison
Birkholz Galloway London Rocca
Bobier Geiger Lowe Schauer
Bodem Gernaat Mans Schermesser
Bogardus Gilmer Martinez Schroer
Brackenridge Gire Mathieu Scott
Brater Godchaux McBryde Scranton
Brewer Goschka McManus Sikkema
Brown Green McNutt Stallworth
Byl Gubow Middaugh Tesanovich
Callahan Gustafson Middleton Thomas
Cassis Hale Murphy Vaughn
Cherry Hammerstrom Nye Walberg
Ciaramitaro Hanley Olshove Wallace
Crissman Harder Owen Wetters
Cropsey Hertel Oxender Whyman
Curtis Jansen Palamara Willard
Dalman Jelinek Parks Wojno
DeHart Jellema Perricone
Nays--4
Horton Kaza Raczkowski Voorhees
In The Chair: Gire
The House agreed to the title of the bill.
Rep. Gagliardi moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Second Reading of Bills
House Bill No. 5487, entitled
A bill to amend 1980 PA 299, entitled "Occupational code," by amending section 2001 (MCL 339.2001), as amended by 1997 PA 122.
The bill was read a second time.
Rep. Profit moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed, a majority of the members voting therefor.
Senate Bill No. 714, entitled
A bill to authorize the department of natural resources to convey certain state owned property in Mackinac county; to prescribe conditions for the conveyance; and to provide for disposition of the revenue derived from the conveyance.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Regulatory Affairs,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Gagliardi moved to amend the bill as follows:
1. Amend page 1, following "THE PEOPLE OF THE STATE OF MICHIGAN ENACT" by inserting:
"TITLE
An act to authorize the state administrative board to convey certain state owned property in Kalkaska county; TO AUTHORIZE THE DEPARTMENT OF NATURAL RESOURCES TO CONVEY CERTAIN STATE OWNED PROPERTY IN MACKINAC COUNTY; to prescribe conditions for the conveyance CONVEYANCES; and to provide for disposition of the revenue derived from the conveyance CONVEYANCES.".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Gagliardi moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed, a majority of the members voting therefor.
______
Rep. Kilpatrick entered the House Chambers.
Rep. Gagliardi moved that House Committees be given leave to meet during the balance of today's session.
The motion prevailed.
By unanimous consent the House returned to the order of
Motions and Resolutions
Reps. Wallace and Rocca offered the following concurrent resolution:
House Concurrent Resolution No. 86.
A concurrent resolution to memorialize the Congress of the United States to present to the states for ratification an amendment to the United States Constitution to remove the requirement that the president must be a natural born citizen of the United States.
Whereas, Article II, section 5 of the Constitution of the United States provides, in part:
No Person except a natural born Citizen. . . shall be
eligible to the Office of President. . . ; and
Whereas, The constitutional provision requiring that a person must be a natural born citizen to be president is unnecessary. With the sophistication of communications, voters can judge for themselves the loyalty any candidate feels to our country. Instead, this restriction serves to remove from consideration for our highest office people with significant talents and energies to share. It is harmful to the country to exclude any citizen solely on the basis of how they achieved their citizenship. To do so relegates naturalized citizens to second-class status; now, therefore, be it
Resolved by the House of Representatives (the Senate concurring), That we memorialize the Congress of the United States to present to the states for ratification an amendment to the United States Constitution to remove the requirement that the president must be a natural born citizen of the United States; and be it further
Resolved, That copies of this resolution be transmitted to the President of the United States Senate, the Speaker of the United States House of Representatives, and the members of the Michigan congressional delegation.
The concurrent resolution was referred to the Committee on House Oversight and Ethics.
Reports of Standing Committees
The Committee on Public Utilities, by Rep. Olshove, Chair, reported
House Bill No. 5283, entitled
A bill to amend 1991 PA 179, entitled "Michigan telecommunications act," (MCL 484.2101 to 484.2604) by adding section 312c.
With the recommendation that the substitute (H-4) be adopted and that the bill then pass.
The bill and substitute were referred to the order of Second Reading of Bills.
Favorable Roll Call
HB 5283 To Report Out:
Yeas: Reps. Olshove, Thomas, Baade, Griffin, Gubow, Hanley, Leland, Dobb, Birkholz, Cassis, Galloway, LeTarte, Middaugh, Raczkowski, Whyman,
Nays: None.
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Olshove, Chair of the Committee on Public Utilities, was received and read:
Meeting held on: Tuesday, February 10, 1998, at 3:05 p.m.,
Present: Reps. Olshove, Thomas, Alley, Baade, Dobronski, Freeman, Griffin, Gubow, Hanley, Leland, Profit, Dobb, Birkholz, Cassis, Galloway, Gustafson, Kukuk, LeTarte, Middaugh, Raczkowski, Whyman,
Absent: Reps. Murphy, Wetters,
Excused: Reps. Murphy, Wetters.
The Committee on Tax Policy, by Rep. Profit, Chair, reported
House Bill No. 4019, entitled
A bill to amend 1933 PA 167, entitled "General sales tax act," by amending section 1 (MCL 205.51), as amended by 1995 PA 209.
With the recommendation that the substitute (H-2) be adopted and that the bill then pass.
The bill and substitute were referred to the order of Second Reading of Bills.
Favorable Roll Call
HB 4019 To Report Out:
Yeas: Reps. Profit, Quarles, Freeman, Palamara, Wallace, Wojno, Perricone, Brackenridge, Cassis, Dobb, Goschka, Whyman,
Nays: None.
The Committee on Tax Policy, by Rep. Profit, Chair, reported
House Bill No. 4949, entitled
A bill to amend 1937 PA 94, entitled "Use tax act," (MCL 205.91 to 205.111) by adding section 4m.
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 4949 To Report Out:
Yeas: Reps. Profit, Quarles, Freeman, Palamara, Wallace, Wojno, Perricone, Brackenridge, Cassis, Dobb, Goschka, Whyman,
Nays: None.
The Committee on Tax Policy, by Rep. Profit, Chair, reported
Senate Bill No. 828, entitled
A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 7ff (MCL 211.7ff), as added by 1996 PA 469.
With the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
SB 828 To Report Out:
Yeas: Reps. Profit, Quarles, Agee, Freeman, Palamara, Wallace, Wojno, Perricone, Brackenridge, Cassis, Dobb, Goschka, Whyman,
Nays: None.
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Profit, Chair of the Committee on Tax Policy, was received and read:
Meeting held on: Wednesday, February 11, 1998, at 9:00 a.m.,
Present: Reps. Profit, Quarles, Agee, Freeman, Gubow, Hanley, Palamara, Wallace, Wetters, Wojno, Perricone, Brackenridge, Cassis, Dobb, Goschka, Whyman,
Absent: Rep. Middleton,
Excused: Rep. Middleton.
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Griffin, Chair of the Committee on Commerce, was received and read:
Meeting held on: Wednesday, February 11, 1998, at 9:00 a.m.,
Present: Reps. Griffin, Thomas, Alley, Callahan, Mans, Murphy, Olshove, Palamara, Gernaat, Dobb, Kukuk, Rhead, Richner, Walberg,
Absent: Reps. Schermesser, Varga, Kaza,
Excused: Reps. Schermesser, Varga, Kaza.
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Brater, Chair of the Committee on Consumer Protection, was received and read:
Meeting held on: Wednesday, February 11, 1998, at 9:00 a.m.,
Present: Reps. Brater, DeHart, Brown, Freeman, Crissman, Law, Perricone,
Absent: Reps. Gire, Cropsey,
Excused: Reps. Gire, Cropsey.
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Gire, Chair of the Committee on Education, was received and read:
Meeting held on: Wednesday, February 11, 1998, at 12:00 Noon,
Present: Reps. Gire, Bogardus, Agee, Brown, Cherry, Curtis, Kilpatrick, LaForge, Schauer, Scott, Dalman, Crissman, Cropsey, Jelinek, LeTarte, McNutt, Middleton.
Messages from the Senate
House Bill No. 5223, entitled
A bill to amend 1974 PA 198, entitled "An act to provide for the establishment of plant rehabilitation districts and industrial development districts in local governmental units; to provide for the exemption from certain taxes; to levy and collect a specific tax upon the owners of certain facilities; to provide for the disposition of the tax; to provide for the obtaining and transferring of an exemption certificate and to prescribe the contents of those certificates; to prescribe the powers and duties of the state tax commission and certain officers of local governmental units; and to provide penalties," by amending section 9 (MCL 207.559), as amended by 1996 PA 513.
The Senate has amended the bill as follows:
1. Amend page 7, following line 17, by inserting:
"(vii) A FACILITY LOCATED IN AN EXISTING INDUSTRIAL DEVELOPMENT DISTRICT OWNED BY A PERSON WHO FILED AN APPLICATION FOR AN INDUSTRIAL FACILITIES EXEMPTION CERTIFICATE IN FEBRUARY 1996 IF THE APPLICATION WAS APPROVED BY THE LOCAL GOVERNMENT UNIT IN APRIL 1996 AND THE REAL PROPERTY PORTION OF THE APPLICATION WAS DENIED BY THE STATE TAX COMMISSION IN SEPTEMBER 1996.".
2. Amend page 9, following line 19, following subsection (8), by inserting:
"(9) NOTWITHSTANDING ANY OTHER PROVISION OF THIS ACT, IF A LOCAL GOVERNMENTAL UNIT PASSED A RESOLUTION APPROVING AN INDUSTRIAL FACILITIES EXEMPTION CERTIFICATE FOR A NEW FACILITY ON MARCH 2, 1993 BUT RECLASSIFIED THAT FACILITY AND PASSED A RESOLUTION APPROVING AN INDUSTRIAL FACILITIES EXEMPTION CERTIFICATE FOR THAT SAME FACILITY AS A REPLACEMENT FACILITY ON NOVEMBER 7, 1995, THE COMMISSION SHALL ISSUE FOR THAT FACILITY AN INDUSTRIAL FACILITIES EXEMPTION CERTIFICATE FOR THE REPLACEMENT FACILITY THAT BEGINS DECEMBER 30, 1996 AND ENDS DECEMBER 30, 2006.
(10) NOTWITHSTANDING ANY OTHER PROVISION OF THIS ACT, IF A LOCAL UNIT OF GOVERNMENT APPROVED A REQUEST FOR AN INDUSTRIAL FACILITIES EXEMPTION CERTIFICATE IN 1996 THAT WAS SUBSEQUENTLY DENIED BY THE COMMISSION IN 1996 DUE TO THE LATE RECEIPT OF THE APPLICATION AND A MODIFIED APPLICATION WAS APPROVED BY THE SAME LOCAL UNIT OF GOVERNMENT IN 1997 AND WAS SUBSEQUENTLY APPROVED BY THE COMMISSION WHICH ISSUED AN INDUSTRIAL FACILITIES EXEMPTION CERTIFICATE ON MAY 27, 1997, THE FACILITY SHALL BE TAXED UNDER THIS ACT AS IF IT WAS GRANTED AN INDUSTRIAL FACILITIES EXEMPTION ON DECEMBER 30, 1996.
(11) NOTWITHSTANDING ANY OTHER PROVISION OF THIS ACT, IF A LOCAL GOVERNMENTAL UNIT PASSED A RESOLUTION APPROVING AN INDUSTRIAL FACILITIES EXEMPTION CERTIFICATE FOR A FACILITY ON FEBRUARY 10, 1997, THE COMMISSION SHALL ISSUE FOR THAT PROPERTY AN INDUSTRIAL FACILITIES EXEMPTION CERTIFICATE THAT BEGINS DECEMBER 30, 1997 AND ENDS DECEMBER 2009. THE REPLACEMENT FACILITY DESCRIBED IN THIS SUBSECTION SHALL BE TAXED UNDER THIS ACT AS IF IT WAS GRANTED AN INDUSTRIAL FACILITIES EXEMPTION CERTIFICATE ON DECEMBER 30, 1997.".
The Senate has passed the bill as amended and ordered that it be given immediate effect.
The Speaker announced that pursuant to Rule 45, the bill was laid over one day.
Senate Bill No. 555, entitled
A bill to amend 1964 PA 208, entitled "An act to grant scholarships to students enrolled in postsecondary education institutions; and to provide for the administration of the scholarship program," by amending section 4 (MCL 390.974), as amended by 1986 PA 270, and by adding section 4a.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Colleges and Universities.
Senate Bill No. 556, entitled
A bill to amend 1966 PA 313, entitled "An act to award tuition grants to resident students enrolled in independent nonprofit institutions of higher learning; and to make an appropriation therefor," by amending section 3 (MCL 390.993), as amended by 1980 PA 503, and by adding section 3a.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Colleges and Universities.
Senate Bill No. 557, entitled
A bill to amend 1978 PA 105, entitled "An act to provide grants to students enrolled in independent nonprofit institutions of higher learning; and to provide for the promulgation of rules," by amending section 4 (MCL 390.1274) and by adding section 4a.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Colleges and Universities.
Senate Bill No. 558, entitled
A bill to amend 1976 PA 228, entitled "The legislative merit award program act," by amending section 4 (MCL 390.1304), as amended by 1980 PA 386, and by adding section 4a.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Colleges and Universities.
Senate Bill No. 559, entitled
A bill to amend 1986 PA 303, entitled "An act to establish a Michigan work-study program for qualified resident students attending eligible graduate and professional graduate schools and employed by qualified employers; to prescribe the powers and duties of certain state agencies; and to provide for an appropriation," by amending section 4 (MCL 390.1324) and by adding section 4a.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Colleges and Universities.
Senate Bill No. 560, entitled
A bill to amend 1986 PA 288, entitled "An act to establish a Michigan work-study program for qualified resident students attending eligible postsecondary schools and employed by qualified employers; and to prescribe the powers and duties of certain state agencies," by amending section 4 (MCL 390.1374), as amended by 1990 PA 47, and by adding section 4a.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Colleges and Universities.
Senate Bill No. 561, entitled
A bill to amend 1986 PA 273, entitled "An act to establish a Michigan educational opportunity grant program for resident qualified students enrolled in eligible public postsecondary schools; and to prescribe the powers and duties of certain state agencies," by amending section 4 (MCL 390.1404) and by adding section 4a.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Colleges and Universities.
Senate Bill No. 562, entitled
A bill to amend 1986 PA 102, entitled "An act to establish a grant program for certain part-time, independent students in this state; and to prescribe the powers and duties of certain state agencies and institutions of higher education," by amending section 3 (MCL 390.1283) and by adding section 3a.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Colleges and Universities.
Senate Bill No. 563, entitled
A bill to amend 1976 PA 174, entitled "An act to provide free tuition for state resident North American Indians in Michigan public community colleges, public universities, and certain federal tribally controlled community colleges; and to prescribe certain powers and duties of certain state departments, commissions, and agencies," by amending section 1 (MCL 390.1251), as amended by 1993 PA 106, and by adding section 1a.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Colleges and Universities.
Senate Bill No. 564, entitled
A bill to amend 1975 PA 222, entitled "Higher education loan authority act," by amending sections 4a and 12 (MCL 390.1154a and 390.1162), section 4a as added by 1989 PA 96 and section 12 as amended by 1987 PA 206.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Colleges and Universities.
Senate Bill No. 747, entitled
A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 8132 (MCL 600.8132).
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Senate Bill No. 805, entitled
A bill to amend 1965 PA 166, entitled "An act to require prevailing wages and fringe benefits on state projects; to establish the requirements and responsibilities of contracting agents and bidders; and to prescribe penalties," by amending section 8 (MCL 408.558).
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Labor and Occupational Safety.
Senate Bill No. 808, entitled
A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 1011 (MCL 600.1011), as added by 1996 PA 388; and to repeal acts and parts of acts.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Senate Bill No. 834, entitled
A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 8138 (MCL 600.8138).
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Judiciary.
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, Monday, February 9:
Senate Bill Nos. 860 861 862 863 864 865 866
The Clerk announced that the following Senate bill had been approved and signed by the Governor:
Enrolled Senate Bill No. 642 - Public Act No. 6
Messages from the Governor
The following message from the Governor was received February 11, 1998 and read:
EXECUTIVE ORDER
No. 1998 - 1
MICHIGAN DEPARTMENT OF STATE POLICE
L.E.I.N. POLICY COUNCIL
A.F.I.S. POLICY COUNCIL
CRIMINAL JUSTICE INFORMATION SYSTEM
EXECUTIVE REORGANIZATION
WHEREAS, Article V, Section 2, of the Constitution of the State of Michigan of 1963 empowers the Governor to make changes in the organization of the Executive Branch or in the assignment of functions among its units which he considers necessary for efficient administration; and
WHEREAS, the Law Enforcement Information Network (L.E.I.N.) Policy Council was established pursuant to Act No. 163 of the Public Acts of 1974 to create policy and promulgate rules regarding the operational procedures to be followed by agencies using the law enforcement information network, to review applications for network terminals and approve or disapprove the applications and the sites for terminal installations and to establish minimum standards for terminal sites and installations; and
WHEREAS, the Automated Fingerprint Identification System (A.F.I.S.) Policy Council was established pursuant to Act No. 307 of the Public Acts of 1988 to, among other things, create policy and promulgate rules regarding the operation and audit procedures to be followed by agencies using the A.F.I.S., to design and provide for statewide identification of individuals using an A.F.I.S., to establish minimum standards for A.F.I.S. sites and installation, to review proposed applications for the A.F.I.S. and approve or disapprove the applications and the sites for system installations and to establish policy and promulgate rules restricting the dissemination of identification information to individuals and agencies; and
WHEREAS, the membership of the L.E.I.N. Policy Council is fully represented on the A.F.I.S. Policy Council; and
WHEREAS, the mission and goals of the L.E.I.N. Policy Council and the A.F.I.S. Policy Council are similar and the technologies and system interaction involved with both L.E.I.N. and A.F.I.S. are closely linked; and
WHEREAS, the functions, duties and responsibilities assigned to the L.E.I.N. Policy Council and the A.F.I.S. Policy Council can be more effectively organized and carried out under the supervision and direction of one governmental body; and
WHEREAS, it is necessary in the interests of efficient administration and effectiveness of government to effect changes in the organization of the Executive Branch of government.
NOW, THEREFORE, I, John Engler, Governor of the State of Michigan, pursuant to the powers vested in me by the Constitution of the State of Michigan of 1963 and the laws of the State of Michigan, do hereby order the following:
1. There is created the Criminal Justice Information Systems (CJIS) Policy Council within the Department of State Police. The council shall exercise its prescribed powers, duties, functions and responsibilities independently of the director of the department. The budgeting, procurement and related management functions of the council shall be performed under the direction and supervision of the director of the department.
2. The CJIS Policy Council shall consist of the following members:
a. The Attorney General or his or her designee;
b. The Secretary of State or his or her designee;
c. The Director of the Department of State Police or his or her designee;
d. The Director of the Department of Corrections or his or her designee;
e. Three representatives of the Department of State Police to be appointed by the Director of the Department of State Police;
f. The Chief of Detroit Police Department or his or her designee;
g. Three representatives of the Michigan Association of Chiefs of Police to be appointed by that association;
h. Four representatives of the Michigan Sheriff's Association to be appointed by that association;
i. Three representatives of the Prosecuting Attorneys Association of Michigan to be appointed by that association;
j. A representative of the Michigan District Judges Association to be appointed by that association;
k. A representative of the Michigan Judges Association to be appointed by that association;
l. The State Court Administrator or his or her designee;
m. An individual employed in or engaged in the business of private security, who shall be appointed by and serve at the pleasure of the Governor;
n. An individual who represents human services concerns in the state, who shall be appointed by and serve at the pleasure of the Governor; and
o. The executive secretary of the CJIS Policy Council, who shall serve in an ex officio capacity.
3. The Council shall, at its first meeting, elect from its membership a chairperson who shall serve for one year. Elections thereafter shall be held annually. A chairperson may, if reelected, succeed himself or herself. The council shall meet quarterly, during the months of January, April, July and October, and at other times the chairperson considers necessary. A majority of the council members shall constitute a quorum for conducting the business of the council.
4. The council chairperson shall appoint committee chairpersons with the approval of the council. A committee chairperson may succeed himself or herself if reappointed.
5. Council members or their representatives shall serve without compensation, but shall be entitled to actual expenses incurred during attendance at a regular or special council meeting and in traveling to and from a meeting.
6. A council member shall serve a two (2) year term and may succeed himself or herself if reappointed as a member.
7. All the statutory authority, powers, duties, functions and responsibilities, including the functions of rulemaking, budgeting, procurement and related management functions of the A.F.I.S. Policy Council set forth in Act No. 307 of the Public Acts of 1988, as amended, being Sections 28.151 et seq. of the Michigan Compiled Laws, are hereby transferred to the CJIS Policy Council by a Type III transfer, as defined by Section 3 of Act No. 380 of the Public Acts of 1965, as amended, being Section 16.103 of the Michigan Compiled Laws, and the A.F.I.S. Policy Council is abolished.
8. In addition to the aforementioned responsibilities, the CJIS Policy Council shall serve in an advisory capacity to the Director of the Department of State Police on issues related to the development and deployment of information management systems that facilitate the rapid exchange of accurate information between the various components of the criminal justice community.
9. All the statutory authority, powers, duties, functions and responsibilities, including the functions of rulemaking, budgeting, procurement and related management functions of the L.E.I.N. Policy Council set forth in Act No. 163 of the Public Acts of 1974, as amended, being Sections 28.211 et seq. of the Michigan Compiled Laws, are hereby transferred to the CJIS Policy Council by a Type III transfer, as defined by Section 3 of Act No. 380 of the Public Acts of 1965, as amended, being Section 16.103 of the Michigan Compiled Laws, and the L.E.I.N. Policy Council is abolished.
10. The Director of the Department of State Police shall provide executive direction and supervision for the implementation of the transfers and shall make internal organizational changes that may be administratively necessary to complete the realignment of responsibilities prescribed by this Order.
11. All records, personnel, property and unexpended balances of appropriations, allocations and other funds used, held, employed, available or to be made available to the A.F.I.S. Policy Council or the L.E.I.N. Policy Council are hereby transferred to the CJIS Policy Council.
12. The Department of Management and Budget shall determine and authorize the most efficient manner possible for handling financial transactions and records in the state's financial management system for the remainder of this fiscal year.
13. All rules, orders, contracts and agreements relating to the assigned functions lawfully adopted prior to the effective date of this Order shall continue to be effective until revised, amended or repealed.
14. Any suit, action or other proceeding lawfully commenced by, against or before any entity affected by this Order shall not abate by reason of the taking effect of this Order. Any suit, action or other proceeding may be maintained by, against or before the appropriate successor of any entity affected by this Order.
In fulfillment of the requirement of Article V, Section 2, of the Constitution of the State of Michigan of 1963, the provisions of this Order shall become effective sixty (60) days after filing.
[SEAL] Given under my hand and the Great Seal of the State of Michigan this 10th day of February, in the Year of our Lord, One Thousand Nine Hundred Ninety-Eight.
John Engler
Governor
By the Governor:
Candice S. Miller
Secretary of State
The message was referred to the Clerk.
Communications from State Officers
The following communications from the Auditor General were received and read:
February 10, 1998
Enclosed is a copy of the following audit report and/or executive digest:
Performance Audit of the
Northern Michigan Community Mental Health Board
An Agency Under Contract with the
Department of Community Health
February 1998
February 10, 1998
Enclosed is a copy of the following audit report and/or executive digest:
Regulatory Services Administration
Department of State
February 1998
Sincerely,
Thomas H. McTavish, C.P.A.
Auditor General
The communications were referred to the Clerk and the accompanying reports referred to the Committee on House Oversight and Ethics.
Introduction of Bills
Reps. Hammerstrom, Brackenridge, Schroer, Brater, Profit and Cassis introduced
House Bill No. 5566, entitled
A bill to amend 1986 PA 281, entitled "The local development financing act," by amending section 2 (MCL 125.2152), as amended by 1998 PA 1.
The bill was read a first time by its title and referred to the Committee on Urban Policy and Economic Development.
Rep. Kilpatrick introduced
House Bill No. 5567, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending sections 15b and 15c of chapter IV (MCL 764.15b and 764.15c), as amended by 1996 PA 15.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Reps. Law and Griffin introduced
House Bill No. 5568, entitled
A bill to amend 1975 PA 169, entitled "Charitable organizations and solicitations act," by amending the title and sections 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 16, 17, 18, 20, 21, and 23 (MCL 400.272, 400.273, 400.274, 400.275, 400.276, 400.277, 400.278, 400.279, 400.280, 400.281, 400.282, 400.283, 400.286, 400.287, 400.288, 400.290, 400.291, and 400.293), section 13 as amended by 1992 PA 299, and by adding sections 3a, 19, 19a, 19b, 19c, 19d, 22a, 23a, and 23b; and to repeal acts and parts of acts.
The bill was read a first time by its title and referred to the Committee on Regulatory Affairs.
Rep. Geiger introduced
House Bill No. 5569, entitled
A bill to amend 1933 PA 167, entitled "General sales tax act," (MCL 205.51 to 205.78) by adding section 4q.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Reps. Ciaramitaro and Nye introduced
House Joint Resolution EE, entitled
A joint resolution proposing an amendment to the state constitution of 1963, by amending sections 1, 11, 12, 13, 18, 19, 27, 29, and 30 of article VI; adding section 9 to article III; and repealing sections 9, 15, 16, and 22 of article VI, to provide for the reorganization of the judicial branch.
The joint resolution was read a first time by its title and referred to the Committee on Judiciary.
______
Rep. Hanley moved that the House adjourn.
The motion prevailed, the time being 3:30 p.m.
The Associate Speaker Pro Tempore declared the House adjourned until Thursday, February 12, at 10:00 a.m.
MARY KAY SCULLION
Clerk of the House of Representatives.