The House was called to order by Acting Speaker DeHart.

 

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--excused

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--present

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--present

Gubow--present

Gustafson--present

Hale--present

Hammerstrom--present

Hanley--present

Harder--present

Hertel--absent

Hood--present

Horton--present

Jansen--present

Jaye--present

Jelinek--present

Jellema--present

Johnson--present

Kaza--present

Kelly--present

Kilpatrick--present

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--excused

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--excused

Sikkema--present

Stallworth--excused

Tesanovich--present

Thomas--present

Varga--present

Vaughn--present

Voorhees--present

Walberg--present

Wallace--excused

Wetters--present

Whyman--present

Willard--present

Wojno--present

 

 

e/d/s = entered during session

Pastor Rocky Barra, of Tri City Assembly Church of God, offered the following invocation:

 

"Heavenly Father we thank You for Your love. We thank You for those who serve in leadership. Your Word tells us that if we seek discernment and wisdom it is available to us and we receive that today. Thank You for this session, in Jesus name. Amen."

 

 

 

 

Rep. Dobronski moved that Reps. Stallworth and Wallace be excused from today's session.

The motion prevailed.

 

Rep. Hammerstrom moved that Reps. Bankes, Nye and Scranton be excused from today's session.

The motion prevailed.

 

 

 

 

In accordance with House Rule 10, I hereby designate Representative Eileen DeHart, to be the Presiding Officer for all, or part of today's session.

 

 

In accordance with House Rule 10, I hereby designate Representative Michael Hanley, to be the Presiding Officer for all, or part of today's session.

 

By unanimous consent the House returned to the order of

 

 

The Speaker laid before the House

House Concurrent Resolution No. 65.

A concurrent resolution to memorialize the Congress of the United States to assure that quality and access to health care for veterans are maintained.

(For text of resolution, see House Journal No. 75, p. 2039.)

(The concurrent resolution was reported by the Committee on Senior Citizens and Veteran Affairs on October 30, consideration of which was postponed until November 4 under the rules.)

The question being on the adoption of the concurrent resolution,

The concurrent resolution was adopted, a majority of the members serving voting therefor.

 

 

 

 

Rep. Freeman moved that Rep. Emerson be excused temporarily from today's session.

The motion prevailed.

 

 

 

 

Senate Bill No. 495, entitled

A bill to amend 1986 PA 89, entitled "Michigan BIDCO act," by amending sections 102, 104, 105, 106, 211, 217, 301, 303, 305, 311, 315, 317, 401, 403, 405, 407, 503, 505, 507, 509, 511, 601, 603, 709, 711, 713, 801, 807, 813, and 905 (MCL 487.1102, 487.1104, 487.1105, 487.1106, 487.1211, 487.1217, 487.1301, 487.1303, 487.1305, 487.1311, 487.1315, 487.1317, 487.1401, 487.1403, 487.1405, 487.1407, 487.1503, 487.1505, 487.1507, 487.1509, 487.1511, 487.1601, 487.1603, 487.1709, 487.1711, 487.1713, 487.1801, 487.1807, 487.1813, and 487.1905).

The bill was read a third time.

The question being on the passage of the bill,

Rep. Thomas moved that consideration of the bill be postponed temporarily.

The motion prevailed.

 

 

House Bill No. 4736, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 1608 (MCL 324.1608), as added by 1995 PA 60.

Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

 

 

 

 

 

 

Nays--0

 

 

In The Chair: DeHart

 

 

The House agreed to the title of the bill.

 

 

House Bill No. 5279, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 8126 (MCL 600.8126).

Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 899 Yeas--103

 

 

 

 

Nays--0

 

 

In The Chair: DeHart

 

 

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. 5106, 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.

Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

 

 

Roll Call No. 900 Yeas--103

 

 

 

 

Nays--0

 

 

In The Chair: DeHart

 

 

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. 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.

Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

 

 

Roll Call No. 901 Yeas--94

 

 

DeVuyst Jellema

 

 

Nays--3

 

 

Ciaramitaro Jaye Kaza

 

 

In The Chair: DeHart

 

 

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. 5129, entitled

A bill to designate an official flag month of this state.

The bill was read a third time.

The question being on the passage of the bill,

Rep. Jaye moved that consideration of the bill be postponed temporarily.

The motion prevailed.

 

 

House Bill No. 4619, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending section 17745 (MCL 333.17745), as amended by 1996 PA 355.

Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

 

 

Roll Call No. 902 Yeas--100

 

 

 

 

Nays--0

 

 

In The Chair: DeHart

 

 

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. 4972, entitled

A bill to amend 1990 PA 48, entitled "An act to prohibit the use of a facsimile machine to transmit unsolicited advertising messages; to prescribe the powers and duties of certain state agencies and officials; and to provide remedies and prescribe penalties," by amending section 6 (MCL 445.1776).

The bill was read a second time.

Rep. Crissman moved to amend the bill as follows:

1. Amend page 1, line 4, by striking out "$1,000.00" and inserting "$500.00".

The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.

Rep. Crissman 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.

 

By unanimous consent the House returned to the order of

 

 

House Bill No. 4972, entitled

A bill to amend 1990 PA 48, entitled "An act to prohibit the use of a facsimile machine to transmit unsolicited advertising messages; to prescribe the powers and duties of certain state agencies and officials; and to provide remedies and prescribe penalties," by amending section 6 (MCL 445.1776).

Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

 

 

Roll Call No. 903 Yeas--100

 

 

 

 

Nays--0

 

 

In The Chair: DeHart

 

 

The House agreed to the title of the bill.

 

 

 

 

House Bill No. 5216, entitled

A bill to regulate certain practices relating to telemarketing, sweepstakes promotions, and buying clubs; and to provide for remedies and penalties.

Was read a second time, and the question being on the adoption of the proposed substitute (H-3) previously recommended by the Committee on Consumer Protection,

The substitute (H-3) was adopted, a majority of the members serving voting therefor.

Rep. Brown moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed, a majority of the members voting therefor.

Rep. Gagliardi 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

 

 

House Bill No. 5216, entitled

A bill to regulate certain practices relating to telemarketing, sweepstakes promotions, and buying clubs; and to provide for remedies and penalties.

Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

 

 

Roll Call No. 904 Yeas--99

 

 

 

 

Nays--0

 

 

In The Chair: DeHart

 

 

The question being on agreeing to the title of the bill,

Rep. Gagliardi moved to amend the title to read as follows:

A bill to amend 1971 PA 227, entitled "An act to prescribe the rights and duties of parties to home solicitation sales," by amending section 1 (MCL 445.111), as amended by 1980 PA 108.

The motion prevailed.

The House agreed to the title as amended.

Rep. Gagliardi moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

 

 

 

 

House Bill No. 5264, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," (MCL 257.1 to 257.923) by adding section 709a.

Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Consumer Protection,

The substitute (H-1) was adopted, a majority of the members serving voting therefor.

Rep. Brater 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.

 

By unanimous consent the House returned to the order of

 

 

House Bill No. 5264, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," (MCL 257.1 to 257.923) by adding section 709a.

Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

 

 

Dobronski

 

 

 

 

Galloway Jaye Kaza Voorhees

 

 

In The Chair: DeHart

 

 

The House agreed to the title of the bill.

 

 

 

 

Acting Speaker Hanley assumed the Chair.

 

 

 

 

House Bill No. 5303, entitled

A bill to amend 1936 (Ex Sess) PA 1, entitled "Michigan employment security act," by amending sections 27, 29, and 50 (MCL 421.27, 421.29, and 421.50), section 27 as amended by 1995 PA 181 and sections 29 and 50 as amended by 1995 PA 25.

The bill was read a second time.

Rep. Byl moved to amend the bill as follows:

1. Amend page 50, following line 10, by inserting:

"Enacting section 1. This amendatory act does not take effect unless the department of consumer and industry services, the Michigan jobs commission, and the United States department of labor certify that this act will not increase unemployment for women, minorities, and other disadvantaged groups.".

The question being on the adoption of the amendment offered by Rep. Byl,

Rep. Byl demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendment offered by Rep. Byl,

The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:

 

 

Roll Call No. 906 Yeas--48

 

 

 

 

Nays--56

 

 

 

 

In The Chair: Hanley

 

 

Rep. Rhead moved to amend the bill as follows:

1. Amend page 50, following line 10, by inserting:

"Enacting section 1. This amendatory act does not take effect unless the department of consumer and industry services, the Michigan jobs commission, and the United States department of labor certify that this act will not make it more difficult for women, minorities, and other disadvantaged groups to start a new business.".

The question being on the adoption of the amendment offered by Rep. Rhead,

Rep. Rhead demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendment offered by Rep. Rhead,

The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:

Roll Call No. 907 Yeas--48

 

 

 

 

Nays--53

 

 

DeHart

 

 

In The Chair: Hanley

 

 

Rep. Raczkowski moved to amend the bill as follows:

1. Amend page 50, following line 10, by inserting:

"Enacting section 1. This amendatory act does not take effect unless a labor organization has certified to the department of consumer and industry services and the United States department of labor that the employees it represents have been fully informed of their rights under Communications Workers v Beck, 487 US 735 (1988).".

The question being on the adoption of the amendment offered by Rep. Raczkowski,

Rep. Raczkowski demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendment offered by Rep. Raczkowski,

 

 

 

 

 

 

Rep. Ciaramitaro requested a ruling of the Chair on whether or not the amendment offered by Rep. Raczkowski was germane.

The Chair ruled the amendment was not germane pursuant to House Rule 64. It proposes to introduce a new proposition to the bill which is not germane to the subject matter of the bill as introduced and as before the House.

Rep. Varga moved that Rep. Brater be excused from the balance of today's session.

The motion prevailed.

 

Rep. Curtis moved that Rep. Murphy be excused temporarily from today's session.

The motion prevailed.

 

Rep. Goschka moved to amend the bill as follows:

1. Amend page 2, line 13, after "WAGE." by inserting "HOWEVER, FOR BENEFIT YEARS ESTABLISHED AFTER MARCH 28, 1996 AND BEFORE JANUARY 1, 1997, THE MAXIMUM WEEKLY BENEFIT RATE SHALL BE $321.00, AND FOR BENEFIT YEARS ESTABLISHED AFTER JANUARY 1, 1997 AND BEFORE THE EFFECTIVE DATE OF THE 1997 AMENDATORY ACT THAT ADDED THIS SENTENCE, THE MAXIMUM WEEKLY BENEFIT RATE SHALL BE $342.00. AN INDIVIDUAL MAY APPLY FOR UNPAID BENEFITS TO WHICH HE OR SHE WAS ENTITLED UNDER THIS SUBDIVISION FOR A WEEK BETWEEN MARCH 28, 1996 AND THE EFFECTIVE DATE OF THE 1997 AMENDATORY ACT THAT ADDED THIS SENTENCE WITHIN 6 MONTHS AFTER THE EFFECTIVE DATE OF THE 1997 AMENDATORY ACT THAT ADDED THIS SENTENCE.".

The question being on the adoption of the amendment offered by Rep. Goschka,

Rep. Goschka demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendment offered by Rep. Goschka,

The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:

 

 

 

 

Dobronski

 

 

 

 

 

 

In The Chair: Hanley

Reps. Brown, Bogardus, Profit and Palamara moved to amend the bill as follows:

1. Amend page 1, following "THE PEOPLE OF THE STATE OF MICHIGAN ENACT:" by inserting:

"Sec. 19. (a) The commission shall determine the contribution rate of each contributing employer for each calendar year after 1977 as follows:

Liability

2 2.7%

3 1/3 (chargeable benefits component)

+ 1.8%

4 2/3 (chargeable benefits component)

+ 1.0%

5 and over (chargeable benefits component) +

(account building component) +

(nonchargeable benefits component)

Liability

as determined by the commission

2 average construction contractor rate

as determined by the commission

3 1/3 (chargeable benefits component)

+ 2/3 average construction

contractor rate as determined by the commission

4 2/3 (chargeable benefits component)

+ 1/3 average construction

contractor rate as determined by the commission

5 and over (chargeable benefits component) +

(account building component) +

(nonchargeable benefits component)

Liability

2 2.7%

3 2.7%

4 and over (chargeable benefits component based

upon 3-year experience) plus

(account building component based

upon 3-year experience) plus

(nonchargeable benefits component)

Liability

as determined by the commission

2 average construction contractor rate

as determined by the commission

3 1/3 (chargeable benefits component)

+ 2/3 average construction

contractor rate as determined by the commission

4 2/3 (chargeable benefits component)

+ 1/3 average construction

contractor rate as determined by the commission

5 and over (chargeable benefits component) +

(account building component) +

(nonchargeable benefits component)

Rep. Bogardus demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendment offered by Reps. Brown, Bogardus, Profit and Palamara,

The amendment was adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:

 

 

Roll Call No. 909 Yeas--56

 

 

 

 

Nays--47

 

 

 

 

In The Chair: Hanley

 

 

Rep. Bogardus moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed, a majority of the members voting therefor.

 

By unanimous consent the House returned to the order of

 

 

House Bill No. 5083, entitled

A bill to amend 1984 PA 431, entitled "The management and budget act," (MCL 18.1101 to 18.1594) by adding section 353e.

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 pursuant to Joint Rule 20, inserted the full title of the bill.

The Speaker announced that pursuant to Rule 45, the bill was laid over one day.

Rep. Gagliardi moved that Rule 45 be suspended.

The motion prevailed, 3/5 of the members present voting therefor.

The question being on concurring in the substitute (S-1) made to the bill by the Senate,

The substitute (S-1) was not concurred in, a majority of the members serving not voting therefor, by yeas and nays, as follows:

 

 

Roll Call No. 910 Yeas--0

 

 

Nays--101

 

 

Dobronski

 

 

 

 

 

 

Senate Bill No. 178, entitled

A bill to amend 1979 PA 94, entitled "The state school aid act of 1979," by amending section 17a (MCL 388.1617a), as amended by 1996 PA 300, and by adding section 147a.

The Senate has substituted (S-3) the House substitute (H-1).

The Senate has concurred in the House substitute (H-1) as substituted (S-3), ordered that the bill be given immediate effect and amended the title to read as follows:

A bill to amend 1979 PA 94, entitled "The state school aid act of 1979," by amending the title and sections 6, 8, 11, 17b, 20, 24, 26a, 31a, 36, 39, 41, 51a, 53a, 54, 56, 57, 61a, 62, 67, 68, 74, 81, 94, 99, 101, 107, and 147 (MCL 388.1606, 388.1608, 388.1611, 388.1617b, 388.1620, 388.1624, 388.1626a, 388.1631a, 388.1636, 388.1639, 388.1641, 388.1651a, 388.1653a, 388.1654, 388.1656, 388.1657, 388.1661a, 388.1662, 388.1667, 388.1668, 388.1674, 388.1681, 388.1694, 388.1699, 388.1701, 388.1707, and 388.1747), the title as amended by 1991 PA 118, sections 6, 11, 17b, 20, 24, 36, 39, 41, 51a, 53a, 54, 56, 57, 61a, 62, 74, 81, 94, 99, 101, 107, and 147 as amended and sections 26a, 67, and 68 as added by 1997 PA 93, section 8 as amended by 1993 PA 175, and section 31a as amended by 1997 PA 24, and by adding sections 8a, 10, 11e, 11f, 11g, 11h, 11i, 31c, 36a, and 43; and to repeal acts and parts of acts.

The Speaker announced that pursuant to Rule 45, the bill was laid over one day.

Rep. Gagliardi moved that Rule 45 be suspended.

The motion prevailed, 3/5 of the members present voting therefor.

The question being on concurring in the substitute (S-3) made to the bill by the Senate,

Rep. Jaye moved to amend the Senate substitute (S-3) as follows:

1. Amend page 46, following line 15, by inserting:

"SEC. 11K. IF A DISTRICT OR INTERMEDIATE DISTRICT RECEIVES MONEY UNDER THIS ACT THAT REPRESENTS DAMAGES AWARDED IN THE CONSOLIDATED CASES KNOWN AS DURANT V STATE OF MICHIGAN, MICHIGAN SUPREME COURT DOCKET NO. 104458-104492, OR THAT REPRESENTS A SETTLEMENT OF CLAIMS OR POTENTIAL CLAIMS THAT ARE SIMILAR TO THE CLAIMS IN THAT CASE, AND IF THE DISTRICT OR INTERMEDIATE DISTRICT USES ALL OR PART OF THAT MONEY FOR SCHOOL BUILDING CONSTRUCTION OR FOR OTHER INFRASTRUCTURE IMPROVEMENTS TO BUILDINGS USED FOR SCHOOL PURPOSES, THE DISTRICT OR INTERMEDIATE DISTRICT SHALL HAVE THE CONSTRUCTION OR IMPROVEMENTS INSPECTED BY A BUILDING OFFICIAL REGISTERED UNDER THE BUILDING OFFICIALS AND INSPECTORS REGISTRATION ACT, 1986 PA 54, MCL 338.2301 TO 338.2313, TO ENSURE COMPLIANCE WITH THE SAME BUILDING CODES THAT APPLY GENERALLY TO BUILDINGS THAT ARE NOT SCHOOL BUILDINGS.".

The question being on the adoption of the amendment offered by Rep. Jaye,

Rep. Jaye demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendment offered by Rep. Jaye,

The amendment was adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:

 

 

 

 

 

 

 

 

 

 

In The Chair: Hanley

 

 

Rep. Jaye moved to amend the bill as follows:

1. Amend page 46, following line 15, by inserting:

"SEC. 11K. (1) IF A DISTRICT OR INTERMEDIATE DISTRICT RECEIVES MONEY UNDER THIS ACT THAT REPRESENTS DAMAGES AWARDED IN THE CONSOLIDATED CASES KNOWN AS DURANT V STATE OF MICHIGAN, MICHIGAN SUPREME COURT DOCKET NO. 104458-104492, OR THAT REPRESENTS A SETTLEMENT OF CLAIMS OR POTENTIAL CLAIMS THAT ARE SIMILAR TO THE CLAIMS IN THAT CASE, THE DISTRICT OR INTERMEDIATE DISTRICT SHALL SUBMIT TO THE SCHOOL ELECTORS OF THE DISTRICT OR INTERMEDIATE SCHOOL ELECTORS OF THE INTERMEDIATE DISTRICT ON THE FIRST TUESDAY OF NOVEMBER 1998 THE QUESTION OF WHETHER THAT MONEY SHOULD BE REFUNDED TO THE TAXPAYERS OF THE DISTRICT OR INTERMEDIATE DISTRICT. NOTWITHSTANDING ANY OTHER PROVISION OF THIS ACT, IF A MAJORITY OF THE ELECTORS VOTING ON THE QUESTION APPROVE THE BALLOT QUESTION REQUIRED UNDER THIS SECTION, THE DISTRICT OR INTERMEDIATE DISTRICT SHALL REFUND THE MONEY IN THE MANNER PRESCRIBED IN SUBSECTION (3).

The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.

Rep. Jaye moved to amend the bill as follows:

1. Amend page 44, line 13, after "(1)" by inserting "SUBJECT TO SUBSECTION (2),".

2. Amend page 45, following line 5, by inserting:

"(2) A DISTRICT OR INTERMEDIATE DISTRICT SHALL NOT ISSUE BONDS UNDER THIS SECTION WITHOUT APPROVAL OF THE SCHOOL ELECTORS OF THE DISTRICT OR INTERMEDIATE DISTRICT." and renumbering the remaining subsections.

The question being on the adoption of the amendments offered by Rep. Jaye,

After debate,

Rep. Gagliardi 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 adoption of the amendments offered by Rep. Jaye,

The amendments were not adopted, a majority of the members serving not voting therefor.

The question being on concurring in the substitute (S-3) made to the bill by the Senate,

Rep. Gagliardi moved that consideration of the bill be postponed for the day.

The motion prevailed.

 

 

 

 

Rep. Gagliardi moved that House Committees be given leave to meet during the balance of today's session.

The motion prevailed.

 

Rep. Kilpatrick asked and obtained an excuse from tomorrow's session.

 

By unanimous consent the House returned to the order of

 

 

Reps. Kaza, Raczkowski, Scranton, Richner, LaForge, Baird, Anthony, Geiger, Gernaat, Crissman, McBryde, Parks, Schauer, Wetters, Godchaux, Voorhees, Fitzgerald, Cassis, Jansen, Cropsey, Llewellyn, Goschka, Profit and Birkholz offered the following resolution:

House Resolution No. 165.

A resolution to memorialize the President and the Congress of the United States to exempt the United States/Canadian border from the provisions of Section 110 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996.

Whereas, Canadian trade and tourism are of great value to the economy of our nation, bringing in an estimated $1 billion to the United States every day according to the United States Department of Commerce; and

Whereas, Travel from Canada into the United States is especially important to border states like Michigan. There were 116 million land border crossings into the United States from Canada in 1996 according to the United States Department of Commerce; and

Whereas, Michigan's economy is particularly affected by the ease of travel across the Canadian border. The United States Department of Commerce reports that our state is the fourth-largest state exporter to Canada; and

Whereas, Canadian tourism is a vital component of Michigan's hospitality industry. More than 1.4 million Canadians visited Michigan in 1995, making Michigan the fourth-most popular state for Canadian visitation, according to the United States Department of Commerce; and

Whereas, Further evidence of the importance of Canadian tourism to Michigan's economy includes United States Department of Commerce figures showing that Canadians spent 3,882,000 visitor nights in Michigan in 1994, spending $185 million in international tourism money in Michigan, equal to 37.1 percent of the total international tourism spending in the state; and

Whereas, Individual Canadian visitors contribute significantly to Michigan's economy. This is demonstrated by the fact that those who visit one or more nights in Michigan spend an average of $112 according to the United States Department of Commerce; and

Whereas, The contribution of Canadian tourists to Michigan's economy would be drastically curtailed by major delays and backups at highway border crossings. According to the United States Department of Commerce, 86 percent of Canadians who visit the state enter Michigan by car; and

Whereas, Canadian commerce is particularly important to the metro-Detroit area, as 27 percent of all merchandise trade between the United States and Canada crosses the Ambassador Bridge between Detroit and Windsor, making this vital artery North America's top international border crossing according to the bridge authority; and

Whereas, Requiring identification checks on each individual entering and departing from Michigan across the Canadian border as required by Section 110 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 will, by some estimates, cause up to a 17-fold increase in time per crossing, wreaking havoc on commerce and tourism in our state; and

Whereas, Longer delays in border crossings may create hazardous conditions for motorists, as traffic lineups could reach unmanageable proportions on both sides of the border; now, therefore, be it

Resolved by the House of Representatives, That we memorialize the Congress and the President of the United States to exempt the United States/Canadian border from the provisions of Section 110 of the Illegal Immigration Reform and Immigrant Responsibility Act of 1996; and be it further

Resolved, That a copy of this resolution be transmitted to the Office of the President, the President of the United States Senate, the Speaker of the United States House of Representatives, the Secretary of the United States Department of Interior, the Secretary of the United States Department of State, and the members of the Michigan congressional delegation.

The resolution was referred to the Committee on House Oversight and Ethics.

 

 

Reps. Hammerstrom, Godchaux, Birkholz, Oxender, Jansen, Dalman, Raczkowski, Goschka, Crissman, Scranton, Mans, Voorhees, LaForge, Middaugh, Baird, Anthony, Geiger, Gernaat, DeHart, Brackenridge, McBryde, Parks, Wetters, Fitzgerald, Cassis, Galloway, Cropsey, Brater, Profit, Scott and Dobb offered the following resolution:

House Resolution No. 166.

A resolution to memorialize the Congress of the United States to enact legislation to provide for free postage for the mailing of ballots for elections.

Whereas, The elections process is a building block upon which our system of self-government is built. We must maintain the integrity of the process of choosing our governmental representatives and making public decisions, even as we take steps to bring more people into the elections process through new approaches and new technologies; and

Whereas, In recent years, interest in voting by mail has grown. Experiences in Oregon and in certain communities in other states have encouraged many regions of the country to consider this option to increase citizen participation in elections. Michigan is among the many states seriously pursuing voting by mail; and

Whereas, In addition to the many issues involving security and accuracy, there are financial considerations. Mailing ballots involves considerable costs, which could stand as a barrier to an idea that holds great potential to strengthen our democracy through more people participating in each election. It is in our national interest to maintain the highest standards of integrity and access in our elections; now, therefore, be it

Resolved by the House of Representatives, That we memorialize the Congress of the United States to enact legislation to provide for free postage for the mailing of ballots for elections; 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 resolution was referred to the Committee on Local Government.

Reps. Wojno, LaForge, Hanley, Freeman, Baird, Vaughn, Anthony, Dalman, Cherry, DeHart, Tesanovich, Parks, Schauer, Wetters, Voorhees, Murphy, Kelly, Raczkowski, Cropsey, Hale, Brater Bogardus, Goschka, Profit, Scott, Birkholz and Dobb offered the following resolution:

House Resolution No. 167.

A resolution to memorialize the Congress of the United States to enact H.R. 1635, the National Underground Railroad Network to Freedom Act.

Whereas, The Congress of the United States is considering legislation to establish the National Underground Railroad Network to Freedom program in the National Park Service (NPS). This legislation, H.R. 1635, would provide a way to preserve and link Underground Railroad sites nationwide for the first time. This legislation would authorize the National Park Service to coordinate and facilitate federal and non-federal activities to help people learn about the Underground Railroad. It would allow the National Park Service to enter into innovative public-private partnerships with local and privately held sites and interpretive centers; and

Whereas, In 1990, Congress directed the National Park Service to study how best to interpret and commemorate the Underground Railroad. This study was accomplished in coordination with an Underground Railroad Advisory Committee. The National Park Service and the Underground Railroad Advisory Committee issued the report in 1995. The report recognized the Underground Railroad as a network of regions and specific sites now under the authority of a variety of public and private entities. The legislation is designed to foster partnerships among all these interests; and

Whereas, The study concluded that there are 27 units of the National Park System directly related to the Underground Railroad, including such diverse areas as the Congress Swamp National Monument in South Carolina, Harpers Ferry National Historic Park in West Virginia, Independence National Park in Pennsylvania, and the Jefferson National Expansion Memorial in Missouri. Additionally, there are 55 sites in the National Park System that relate to the African-American experience in America; and

Whereas, The study also identified 380 sites and structures, in 29 states, Canada, Mexico, and the Caribbean islands, under state and local government stewardship, or privately owned, that have important associations with the Underground Railroad. Of that number, 42 were identified as having potential for designation as national historic landmarks; and

Whereas, The study identifies 12 sites in Michigan with historical significance to the Underground Railroad. For example, Sojourner Truth's gravesite marker is located in Battle Creek. The George Debaptiste Homesite, through which Debaptiste and William Lambert secured the passage of 30,000 slaves to Canada, is located in Detroit. Also, the Philbrick Tavern in Farmington has been associated with Underground Railroad activity; and

Whereas, H.R. 1635 enjoys the support of many members of Congress, and has included a combination of recommendations provided by the NPS and the Underground Railroad Advisory Committee in the 1995 report. This bill would establish a partnership between the NPS and the many entities that comprise the National Underground Railroad. This approach is unique and far reaching, but it does not require the federal government to assume all costs associated with the project. It relies on strong commitments from other interested parties, including state and local government and the private sector. This mutual support will enhance the effectiveness; and

Whereas, The powerful, and largely untold stories of the brave men and women of the Underground Railroad can serve to inspire and instruct all Americans about racial cooperation and reconciliation and determination and courage. The people of Michigan will surely benefit from the National Underground Railroad Network to Freedom Act. The act will document the story of the countless brave people who would not be denied freedom and the story of those who helped them in acquisition of that freedom, despite great odds; now, therefore, be it

Resolved by the House of Representatives, That we memorialize the Congress of the United States to enact H.R. 1635, the National Underground Railroad Network to Freedom Act; and be it further

Resolved, That a copy 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 resolution was referred to the Committee on House Oversight and Ethics.

 

 

Reps. Law, LaForge, Middaugh, Hanley, Freeman, Baird, Anthony, Gernaat, Dalman, Crissman, Cherry, DeHart, Hammerstrom, Parks, Godchaux, Voorhees, Fitzgerald, Cassis, Richner, Galloway, Kelly, Jansen, Raczkowski, Cropsey, Llewellyn, Hale, Brater, Goschka, Profit, Birkholz and Dobb offered the following resolution:

House Resolution No. 168.

A resolution honoring Janice Henderson and Wendy LaValle, recipients of the Ameritech Teacher Excellence Award.

Whereas, It is a pleasure to join with family, friends, and colleagues as we offer congratulations to Janice Henderson and Wendy LaValle upon their selection for the Ameritech Teacher Excellence Award. With the record that this talented and energetic team has compiled over the years, this is a most fitting symbol of excellence in an endeavor of great importance to every citizen, business, and institution in this state--the education of our young people; and

Whereas, Michigan has a long tradition of belief in the value of education. Our State was the first to provide in its Constitution for an officer with statewide duties in public education. In settlements in all parts of the state, hiring a schoolteacher and finding a place to hold classes were always among the first tasks marking a sense of community for the pioneers; and

Whereas, In receiving the Ameritech Teacher Excellence Award, Janice Henderson and Wendy LaValle are being recognized for their team effort on Mission ABC. The success of this innovative program can be credited to an exceptional love of science by both women. Together their experience exceeds 46 years. They have successfully blended their various backgrounds and continually compliment one another when interacting with students and designing curriculum; and

Whereas, In addition to specific innovations in the classroom, study units, and programs, these women are being honored for success in the most fundamental component of learning--motivating young people. We applaud the dedication Janice Henderson and Wendy LaValle have consistently displayed and offer our thanks for the manner in which both students and other educators benefit from all of their hard work; now, therefore, be it

Resolved by the House of Representatives, That this resolution is signed and dedicated to salute Janice Henderson and Wendy LaValle upon their selection for the Ameritech Teacher Excellence Award honors. May both women long enjoy the health and happiness they have earned; and be it further

Resolved, That copies of this resolution be transmitted to Janice and Wendy as a token of our esteem.

Pending the reference of the resolution to a committee,

Rep. Gagliardi 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, a majority of the members serving voting therefor.

 

 

Reps. Rison, LaForge, Hanley, Freeman, Baird, Vaughn, Anthony, Gernaat, Dalman, Cherry, DeHart, Tesanovich, Parks, Wetters, Voorhees, Galloway, Murphy, Kelly, Jansen, Raczkowski, Cropsey, Hale, Wojno, Brater, Bogardus, Goschka, Profit, Scott and Dobb offered the following resolution:

House Resolution No. 169.

A resolution honoring Michael Hightower for exhibiting exemplary heroism.

The man who enriches life gives of himself to others, rejoices in creation,

and serves humanity his adherence to truth, honesty, charity and love.

Whereas, Members of the House of Representatives honor Michael Hightower for the exemplary heroism he exhibited in assisting three unfortunate children who met with tragedy when they arrived in Flint, Michigan, at the Ophelia Bonner Park, on June 19, 1997. When so many others passed by and did not take the time to stop, Michael did. Michael Hightower saw the children in distress and stopped to help them in their time of need. He did not hesitate to reach out and extend his hand to assist his fellow man; and

Whereas, Michael Hightower, a member of New Jerusalem Full Gospel Baptist Church, is Founder of the Brethren In Christ Spiritual Singing Group, and is Founder of the Ray Jones Frazier Scholarship Fund. Michael is the proud father of six children: Alisia, Christopher, Jacquetta, Mike, LaTasha and Dominique. He is also the grandfather of three; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body hereby salute Michael Hightower for his kindness and act of heroism in helping his fellow man in Ophelia Bonner Park; and be it further

Resolved, That a copy of this resolution be transmitted to Michael Hightower and his family as a reflection of our highest esteem.

Pending the reference of the resolution to a committee,

Rep. Gagliardi 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, a majority of the members serving voting therefor.

 

 

The Speaker, on behalf of the entire membership of the House of Representatives, offered the following resolution:

House Resolution No. 170.

A resolution honoring Michael and Marian Ilitch.

Whereas, It is most appropriate for the Michigan House of Representatives to extend the highest praise and tribute to Michael and Marian Ilitch and their family for success in business, playing major roles in redeveloping downtown Detroit and, in turn, sharing their good fortunes by assisting numerous charitable causes; and

Whereas, In 1959, Michael and Marian Ilitch began their investment in Detroit by starting a small pizza restaurant using their life savings and large amounts of time and patience. The restaurant flourished through a keen eye for detail and a hands-on management style. The restaurant and its formula of success--quality, value and the Ilitch innovative approach to products and marketing--led to what the world knows today as Little Caesars Pizza. Today, Little Caesars has become one of the top three international pizza chains with more than 4,000 franchises; and

Whereas, The success of Little Caesars enabled the Ilitches to make further investments in their own back yard. Their commitment to the City of Detroit took off in 1982 with the purchase of the Detroit Red Wings and their farm team, the Adirondack Red Wings, and Olympia Entertainment, the management company for Joe Louis and Cobo Arenas. As a devoted hockey fan, acquiring the Red Wings was especially a delight for Mrs. Ilitch. Through the tireless efforts of the Ilitches, and their family and staff, they turned a struggling National Hockey League franchise into a success story on and off the ice, culminating with the Red Wings winning the Stanley Cup in the 1996-97 season. Today, the Detroit Red Wings consistently rank as one of the most valuable franchises in the NHL. Building on their success with the organization, the Ilitches purchased the Detroit Tigers in 1992. Mr. Ilitch, who once played in the team's farm system, said purchasing the Tigers fulfilled a lifelong dream. Another sports franchise became part of the family's success story in business with the purchase of the Detroit Rockers of the National Professional Soccer League in 1993; and

Whereas, The Ilitches have taken their achievements in business and made a long-term commitment to helping revitalize downtown Detroit. That investment began in 1987 with the purchase of the historic Fox Theatre. The Ilitches restored the downtown gem to its original splendor. Today, the Fox is consistently one of the top-grossing theaters of its size in the country. Spurred by this success, the Ilitches proceeded with a dramatic restoration of an office center adjacent to the Fox that ultimately became the world headquarters for Little Caesars Pizza. Other developments by the Ilitches followed, including the opening of the Second City Detroit Comedy Theatre. Unwilling to rest on their successes, the Ilitches established in 1996, Olympia Development, to attract further business investment in downtown Detroit. Key developments already underway by the company include a side-by-side stadium project for the Detroit Tigers and Detroit Lions and a multi-million dollar Columbia Street project. As a result of their entrepreneurial spirit and dedication, the Ilitches have received dozens of awards and recognition from their peers in the business community; and

Whereas, It should be noted that while Mike and Marian Ilitch have enjoyed success in business, they have also been committed supporters of numerous community organizations while integrating community events into the day-to-day business of their companies. One example of their philanthropy is the Little Caesars "Love Kitchen." This program has fed the hungry at soup kitchens and shelters across the United States and Canada, as well as people affected by natural disasters. The program has received volunteerism awards from Presidents Clinton, Bush and Reagan. In addition, the Ilitches have received many awards and recognition from groups and organizations, including "Michiganians of the Year," the "Goodfellows of the Year" and the "Richard C. Van Dusen Summit Award." On an individual basis, both Mr. and Mrs. Ilitch have also received numerous awards and recognition for their humanitarian work; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body extend the highest praise and commendation to Mike and Marian Ilitch for their success in business, for their leadership in helping to redevelop Detroit, and for sharing the fruits of their labor, both personal and financial, to community groups and organizations; and be it further

Resolved, That copies of this resolution be transmitted to Mr. and Mrs. Ilitch as evidence of our highest esteem and admiration.

Pending the reference of the resolution to a committee,

Rep. Gagliardi 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, a majority of the members serving voting therefor.

 

 

Reps. Wojno, LaForge, Hanley, Freeman, Baird, Vaughn, Anthony, Dalman, Cherry, DeHart, Tesanovich, Parks, Schauer, Wetters, Voorhees, Murphy, Kelly, Raczkowski, Cropsey, Hale, Brater, Bogardus, Goschka, Profit, Scott, Birkholz and Dobb offered the following concurrent resolution:

House Concurrent Resolution No. 73.

A concurrent resolution to memorialize the Congress of the United States to enact H.R. 1635, the National Underground Railroad Network to Freedom Act.

Whereas, The Congress of the United States is considering legislation to establish the National Underground Railroad Network to Freedom program in the National Park Service (NPS). This legislation, H.R. 1635, would provide a way to preserve and link Underground Railroad sites nationwide for the first time. This legislation would authorize the National Park Service to coordinate and facilitate federal and non-federal activities to help people learn about the Underground Railroad. It would allow the National Park Service to enter into innovative public-private partnerships with local and privately held sites and interpretive centers; and

Whereas, In 1990, Congress directed the National Park Service to study how best to interpret and commemorate the Underground Railroad. This study was accomplished in coordination with an Underground Railroad Advisory Committee. The National Park Service and the Underground Railroad Advisory Committee issued the report in 1995. The report recognized the Underground Railroad as a network of regions and specific sites now under the authority of a variety of public and private entities. The legislation is designed to foster partnerships among all these interests; and

Whereas, The study concluded that there are 27 units of the National Park System directly related to the Underground Railroad, including such diverse areas as the Congress Swamp National Monument in South Carolina, Harpers Ferry National Historic Park in West Virginia, Independence National Park in Pennsylvania, and the Jefferson National Expansion Memorial in Missouri. Additionally, there are 55 sites in the National Park System that relate to the African-American experience in America; and

Whereas, The study also identified 380 sites and structures, in 29 states, Canada, Mexico, and the Caribbean islands, under state and local government stewardship, or privately owned, that have important associations with the Underground Railroad. Of that number, 42 were identified as having potential for designation as national historic landmarks; and

Whereas, The study identifies 12 sites in Michigan with historical significance to the Underground Railroad. For example, Sojourner Truth's gravesite marker is located in Battle Creek. The George Debaptiste Homesite, through which Debaptiste and William Lambert secured the passage of 30,000 slaves to Canada, is located in Detroit. Also, the Philbrick Tavern in Farmington has been associated with Underground Railroad activity; and

Whereas, H.R. 1635 enjoys the support of many members of Congress, and has included a combination of recommendations provided by the NPS and the Underground Railroad Advisory Committee in the 1995 report. This bill would establish a partnership between the NPS and the many entities that comprise the National Underground Railroad. This approach is unique and far reaching, but it does not require the federal government to assume all costs associated with the project. It relies on strong commitments from other interested parties, including state and local government and the private sector. This mutual support will enhance the effectiveness; and

Whereas, The powerful, and largely untold stories of the brave men and women of the Underground Railroad can serve to inspire and instruct all Americans about racial cooperation and reconciliation and determination and courage. The people of Michigan will surely benefit from the National Underground Railroad Network to Freedom Act. The act will document the story of the countless brave people who would not be denied freedom and the story of those who helped them in acquisition of that freedom, despite great odds; now, therefore, be it

Resolved by the House of Representatives (the Senate concurring), That we memorialize the Congress of the United States to enact H.R. 1635, the National Underground Railroad Network to Freedom Act; and be it further

Resolved, That a copy 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.

 

 

 

 

The Committee on Tax Policy, by Rep. Profit, Chair, reported

House Bill No. 4742, 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-2) be adopted and that the bill then pass.

The bill and substitute were referred to the order of Second Reading of Bills.

 

 

 

HB 4742 To Report Out:

Yeas: Reps. Profit, Quarles, Palamara, Wetters, Wojno, Perricone, Brackenridge, Cassis, Dobb, Goschka, Middleton, Whyman,

Nays: None.

 

 

The Committee on Tax Policy, by Rep. Profit, Chair, reported

House Bill No. 5053, 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-1) be adopted and that the bill then pass.

The bill and substitute were referred to the order of Second Reading of Bills.

 

HB 5053 To Report Out:

Yeas: Reps. Profit, Quarles, Palamara, Wetters, Wojno, Perricone, Brackenridge, Cassis, Dobb, Goschka, Middleton, Whyman,

Nays: None.

 

 

The Committee on Tax Policy, by Rep. Profit, Chair, reported

House Bill No. 5212, entitled

A bill to amend 1933 PA 167, entitled "General sales tax act," by amending sections 1, 4a, and 9 (MCL 205.51, 205.54a, and 205.59), section 1 as amended by 1995 PA 209, section 4a as amended by 1996 PA 435, and section 9 as amended by 1991 PA 87.

With the recommendation that the bill pass.

The bill was referred to the order of Second Reading of Bills.

 

 

 

HB 5212 To Report Out:

Yeas: Reps. Profit, Quarles, Palamara, Perricone, Brackenridge, Cassis, Dobb, Goschka, Middleton, Whyman,

Nays: None.

 

 

The Committee on Tax Policy, by Rep. Profit, Chair, reported

House Bill No. 5213, entitled

A bill to amend 1937 PA 94, entitled "Use tax act," by amending sections 2, 4, and 10 (MCL 205.92, 205.94, and 205.100), section 2 as amended by 1995 PA 208, section 4 as amended by 1996 PA 436, and section 10 as amended by 1993 PA 263.

With the recommendation that the bill pass.

The bill was referred to the order of Second Reading of Bills.

 

 

 

HB 5213 To Report Out:

Yeas: Reps. Profit, Quarles, Palamara, Perricone, Brackenridge, Cassis, Goschka, Middleton, Whyman,

Nays: None.

 

 

The Committee on Tax Policy, by Rep. Profit, Chair, reported

House Bill No. 5252, entitled

A bill to amend 1933 PA 167, entitled "General sales tax act," (MCL 205.51 to 205.78) by adding section 4h.

With the recommendation that the bill pass.

The bill was referred to the order of Second Reading of Bills.

 

 

 

HB 5252 To Report Out:

Yeas: Reps. Profit, Quarles, Freeman, Palamara, Wojno, Perricone, Brackenridge, Cassis, Dobb, Goschka, Middleton, Whyman,

Nays: None.

 

 

The Committee on Tax Policy, by Rep. Profit, Chair, reported

House Bill No. 5315, entitled

A bill to amend 1941 PA 122, entitled "An act to establish a revenue division of the department of treasury; to prescribe its powers and duties as the revenue collection agency of the state; to prescribe certain powers and duties of the state treasurer; to create the position and to define the powers and duties of the state commissioner of revenue; to provide for the transfer of powers and duties now vested in certain other state boards, commissions, departments and offices; to prescribe certain duties of and require certain reports from the department of treasury; to provide procedures for the payment, administration, audit, assessment, levy of interests or penalties on, and appeals of taxes and tax liability; to prescribe its powers and duties if an agreement to act as agent for a city to administer, collect, and enforce the city income tax act on behalf of a city is entered into with any city; to provide an appropriation; to abolish the state board of tax administration; and to declare the effect of this act," by amending section 18 (MCL 205.18), as added by 1980 PA 162.

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.

 

 

 

HB 5315 To Report Out:

Yeas: Reps. Profit, Quarles, Freeman, Palamara, Wojno, Brackenridge, Cassis, Dobb, Goschka, Middleton, Whyman,

Nays: None.

 

 

The Committee on Tax Policy, by Rep. Profit, Chair, reported

Senate Bill No. 716, 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 bill pass.

The bill was referred to the order of Second Reading of Bills.

 

 

 

SB 716 To Report Out:

Yeas: Reps. Profit, Quarles, Wetters, Wojno, Perricone, Brackenridge, Cassis, Dobb, Goschka, Middleton, Whyman,

Nays: None.

 

 

The Committee on Tax Policy, by Rep. Profit, Chair, reported

Senate Bill No. 721, entitled

A bill to amend 1937 PA 94, entitled "Use tax act," by amending section 4 (MCL 205.94), as amended by 1996 PA 436.

With the recommendation that the bill pass.

The bill was referred to the order of Second Reading of Bills.

 

 

 

SB 721 To Report Out:

Yeas: Reps. Profit, Quarles, Wetters, Wojno, Perricone, Brackenridge, Cassis, Dobb, Goschka, Middleton, Whyman,

Nays: None.

 

 

 

The following report, submitted by Rep. Profit, Chair of the Committee on Tax Policy, was received and read:

Meeting held on: Wednesday, November 5, 1997, at 9:00 a.m.,

Present: Reps. Profit, Quarles, Agee, Freeman, Palamara, Wetters, Wojno, Perricone, Brackenridge, Cassis, Dobb, Goschka, Middleton, Whyman,

Absent: Reps. Gubow, Hanley, Wallace,

Excused: Reps. Gubow, Hanley, Wallace.

The Committee on Commerce, by Rep. Thomas, Vice-Chair, reported

House Bill No. 4580, entitled

A bill to amend 1982 PA 162, entitled "Nonprofit corporation act," (MCL 450.2101 to 450.3192) by adding section 301a.

With the recommendation that the substitute (H-8) be adopted and that the bill then pass.

The bill and substitute were referred to the order of Second Reading of Bills.

 

 

 

HB 4580 To Report Out:

Yeas: Reps. Thomas, Alley, Mans, Schermesser, Gernaat, Kaza, Kukuk, Rhead, Walberg,

Nays: None.

 

 

 

The following report, submitted by Rep. Thomas, Vice-Chair of the Committee on Commerce, was received and read:

Meeting held on: Wednesday, November 5, 1997, at 9:00 a.m.,

Present: Reps. Thomas, Alley, Mans, Schermesser, Gernaat, Kaza, Kukuk, Rhead, Walberg,

Absent: Reps. Griffin, Callahan, Murphy, Olshove, Palamara, Varga, Jaye, Richner,

Excused: Reps. Griffin, Callahan, Murphy, Olshove, Palamara, Varga, Jaye, Richner.

 

 

 

The following report, submitted by Rep. Brater, Chair of the Committee on Consumer Protection, was received and read:

Meeting held on: Wednesday, November 5, 1997, at 9:00 a.m.,

Present: Reps. Brater, DeHart, Brown, Freeman, Gire, Crissman, Cropsey, Law, Perricone.

 

 

 

The following report, submitted by Rep. Gire, Chair of the Committee on Education, was received and read:

Meeting held on: Wednesday, November 5, 1997, at 12:00 Noon,

Present: Reps. Gire, Bogardus, Agee, Brown, Cherry, Curtis, Kilpatrick, Schauer, Scott, Dalman, Crissman, Cropsey, Jelinek, LeTarte, McNutt, Middleton,

Absent: Rep. LaForge,

Excused: Rep. LaForge.

 

 

 

The following report, submitted by Rep. Hood, Chair of the Committee on Appropriations, was received and read:

Meeting held on: Wednesday, November 5, 1997, at 1:00 p.m.,

Present: Reps. Hood, Mathieu, Ciaramitaro, Emerson, Frank, Hale, Harder, Kelly, Martinez, Owen, Parks, Price, Prusi, Rison, Schroer, Tesanovich, Gilmer, Bobier, Geiger, Godchaux, Jansen, Jellema, Johnson, McBryde, Oxender,

Absent: Reps. Stallworth, Bankes,

Excused: Reps. Stallworth, Bankes.

 

 

 

 

House Bill No. 4049, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding part 518.

The Senate has substituted (S-4) the bill.

The Senate has passed the bill as substituted (S-4), ordered that it be given immediate effect and amended the title to read as follows:

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 51701 and 51702 (MCL 324.51701 and 324.51702), as added by 1995 PA 57, and by adding sections 51703, 51704, and 51705.

The Speaker announced that pursuant to Rule 45, the bill was laid over one day.

 

 

House Bill No. 4814, entitled

A bill to authorize the department of state police to convey certain state owned property in Iron county; to prescribe conditions for the conveyance; and to provide for the disposition of revenue derived from the conveyance.

The Senate has passed the bill and ordered that it be given immediate effect.

The bill was referred to the Clerk for enrollment printing and presentation to the Governor.

 

 

House Bill No. 4944, entitled

A bill to amend 1962 PA 192, entitled "Professional service corporation act," by amending section 4 (MCL 450.224), as amended by 1990 PA 166.

The Senate has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title of the bill.

The House agreed to the full title of the bill.

The bill was referred to the Clerk for enrollment printing and presentation to the Governor.

 

 

House Bill No. 5079, entitled

A bill to authorize the department of natural resources to convey certain state owned property in Berrien county; to prescribe conditions for the conveyance; and to provide for disposition of the revenue from the conveyance.

The Senate has passed the bill and ordered that it be given immediate effect.

The bill was referred to the Clerk for enrollment printing and presentation to the Governor.

 

 

House Concurrent Resolution No. 48.

A concurrent resolution to establish a sister-state relationship with Egypt and to encourage Detroit city officials to establish a sister-city partnership with Luxor, Egypt.

(For text of resolution, see House Journal No. 61, p. 1502.)

The Senate has adopted the concurrent resolution.

The concurrent resolution was referred to the Clerk for record.

 

 

 

 

The Clerk announced that the following bill had been printed and placed upon the files of the members, Monday, November 3:

Senate Bill No. 774

 

The Clerk announced that the following Senate bills had been received on Wednesday, November 5:

Senate Bill Nos. 411 611 714 775

 

 

 

 

The following messages from the Governor, approving and signing the following bills at the times designated below, were received and read:

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 4025 (Public Act No. 130, I.E.), being

An act to amend 1846 RS 14, entitled "Of county officers," (MCL 55.107 to 55.117) by adding section 112a.

(Filed with the Secretary of State November 5, 1997, at 11:20 a.m.)

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 4773 (Public Act No. 124, I.E.), being

An act to amend 1975 PA 228, entitled "An act to provide for the imposition, levy, computation, collection, assessment and enforcement, by lien or otherwise, of taxes on certain commercial, business, and financial activities; to prescribe the manner and times of making certain reports and paying taxes; to prescribe the powers and duties of public officers and state departments; to permit the inspection of records of taxpayers; to provide for interest and penalties on unpaid taxes; to provide exemptions, credits, and refunds; to provide penalties; to provide for the disposition of funds; to provide for the interrelation of this act with other acts; and to provide an appropriation," by amending section 35 (MCL 208.35), as amended by 1995 PA 255.

(Filed with the Secretary of State November 5, 1997, at 11:08 a.m.)

 

 

 

 

Reps. Dobb, Llewellyn, Horton, Goschka, Lowe, Middleton, Voorhees and Jaye introduced

House Bill No. 5349, entitled

A bill to amend 1993 PA 331, entitled "State education tax act," by amending section 3 (MCL 211.903), as amended by 1994 PA 187.

The bill was read a first time by its title and referred to the Committee on Tax Policy.

 

 

Reps. Kaza, Raczkowski, Scranton, Mans, Gustafson and Richner introduced

House Bill No. 5350, entitled

A bill to protect the free speech rights of college students; and to provide remedies.

The bill was read a first time by its title and referred to the Committee on Colleges and Universities.

 

 

Reps. Schauer, Bogardus, Agee, Cherry, Oxender, Godchaux and Gire introduced

House Bill No. 5351, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 1538 (MCL 380.1538), as added by 1988 PA 339.

The bill was read a first time by its title and referred to the Committee on Education.

 

 

 

 

Rep. Hale moved that the House adjourn.

The motion prevailed, the time being 5:25 p.m.

 

Acting Speaker Hanley declared the House adjourned until Thursday, November 6, at 10:00 a.m.