hj10059t.064

No. 64

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

90th Legislature

REGULAR SESSION OF 1999

House Chamber, Lansing, Tuesday, October 5, 1999.

2:00 p.m.

The House was called to order by the Speaker Pro Tempore.

The roll was called by the Clerk of the House of Representatives, who announced that a quorum was present.

Allen--present

Baird--present

Basham--present

Birkholz--present

Bisbee--present

Bishop--present

Bogardus--present

Bovin--present

Bradstreet--present

Brater--present

Brewer--present

Brown, Bob--present

Brown, Cameron--present

Byl--present

Callahan--present

Cassis--present

Caul--present

Cherry--present

Clark--present

Clarke--present

Daniels--present

DeHart--present

Dennis--present

DeRossett--present

DeVuyst--present

DeWeese--excused

Ehardt--present

Faunce--present

Frank--present

Garcia--present

Garza--present

Geiger--present

Gieleghem--present

Gilbert--present

Godchaux--present

Gosselin--present

Green--present

Hager--present

Hale--present

Hanley--present

Hansen--present

Hardman--present

Hart--present

Howell--present

Jacobs--present

Jamnick--present

Jansen--present

Jelinek--present

Jellema--present

Johnson, Rick--present

Johnson, Ruth--present

Julian--present

Kelly--present

Kilpatrick--present

Koetje--present

Kowall--present

Kuipers--present

Kukuk--present

LaForge--present

Kukuk--present

Law--present

Lemmons--present

Lockwood--present

Mans--present

Martinez--present

Mead--present

Middaugh--present

Minore--present

Mortimer--present

Neumann--present

O'Neil--present

Pappageorge--present

Patterson--present

Perricone--present

Pestka--present

Price--present

Prusi--present

Pumford--present

Quarles--present

Raczkowski--present

Reeves--present

Richardville--present

Richner--present

Rison--excused

Rivet--present

Rocca--present

Sanborn--present

Schauer--present

Schermesser--present

Scott--excused

Scranton--present

Shackleton--present

Sheltrown--present

Shulman--present

Spade--present

Stallworth--present

Stamas--present

Switalski--present

Tabor--present

Tesanovich--present

Thomas--present

Toy--present

Vander Roest--present

Van Woerkom--present

Vaughn--absent

Vear--present

Voorhees--present

Wojno--present

Woodward--present

Woronchak--present

e/d/s = entered during session

Rev. Jerry Switzer, Pastor of the Christ of the Lakes Lutheran Church in White Lake Township, offered the following invocation:

"Heavenly Father, we offer our thanks to You for all of Your gifts, for Your gift of love especially, and for each breath that we take. We thank You for the gift of creation, especially at this time of year as we look around and see the bright colors, the majesty, and the joy that it seems to express. We are thankful for our nation and state. We are thankful that we live, although in an imperfect flawed system, we are thankful that it is one that does have windows of opportunity. The windows are pretty small for some, and we pray that You would help us make the little windows bigger so that people can get through. At a time when politicians are often derided and viewed with suspicion, and sometimes even with hostility, we are thankful for those who are willing to take the risks of public service. Help us to overcome the despairing cloud of cynicism that often overwhelms us. Although we prize individualism, above all we need to remember that we live in community. Help us to transcend barriers of partisan division, personal selfishness, and become a community of compassion and hope. We pray for those who live with pain whether it is emotional, physical, or whatever it may be, because they have no other choice. We especially pray for all our families who endure our long hours away. We pray that You guide and direct us in our deliberations and discussions. Help us to remember that we are people of Your grace. When we become too impressed by our own importance, remind us we are people of Your grace. When we are down, discouraged, and feel no one cares, remind us we are people of Your grace. Through Your grace, we are creatures of beauty. In Your name. Amen."

______

Rep. Kilpatrick moved that Reps. Rison and Scott be excused from today's session.

The motion prevailed.

Rep. Julian moved that Rep. DeWeese be excused from today's session.

The motion prevailed.

Second Reading of Bills

House Bill No. 4844, 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 sections 2, 4, and 9 (MCL 207.552, 207.554, and 207.559), section 2 as amended by 1986 PA 66, section 4 as amended by 1995 PA 218, and section 9 as amended by 1996 PA 513.

Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Tax Policy,

The substitute (H-2) was adopted, a majority of the members serving voting therefor.

Rep. Basham moved to amend the bill as follows:

1. Amend page 13, following line 11, by inserting:

"(J) IF THE FACILITY IS LOCATING IN A PLANT REHABILITATION DISTRICT OR AN INDUSTRIAL DEVELOPMENT DISTRICT FROM ANOTHER LOCATION IN THIS STATE, THE OWNER OF THE FACILITY COMPENSATES THE LOCAL GOVERNMENTAL UNIT FROM WHICH THE FACILITY IS LEAVING FOR ALL UNREIMBURSED COSTS INCURRED BY THE LOCAL GOVERNMENTAL UNIT TO ACCOMMODATE THAT FACILITY WHILE IT WAS LOCATED IN THAT LOCAL GOVERNMENTAL UNIT.".

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

Rep. Basham demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 833 Yeas--52

Baird Dennis Lemmons Rivet

Basham Frank Lockwood Rocca

Bogardus Garza Mans Schauer

Bovin Gieleghem Martinez Schermesser

Brater Hale Minore Sheltrown

Brewer Hanley Neumann Spade

Brown, B. Hansen O'Neil Stallworth

Callahan Hardman Pestka Switalski

Cherry Jacobs Price Tesanovich

Clark, I. Jamnick Prusi Thomas

Clarke, H. Kelly Quarles Vander Roest

Daniels Kilpatrick Reeves Wojno

DeHart LaForge Richardville Woodward

Nays--54

Allen Geiger Koetje Raczkowski

Birkholz Gilbert Kowall Richner

Bisbee Godchaux Kuipers Sanborn

Bishop Gosselin Kukuk Scranton

Bradstreet Green LaSata Shackleton

Brown, C. Hager Law Shulman

Byl Hart Mead Stamas

Cassis Howell Middaugh Tabor

Caul Jansen Mortimer Toy

DeRossett Jelinek Pappageorge Van Woerkom

DeVuyst Jellema Patterson Vear

Ehardt Johnson, Rick Perricone Voorhees

Faunce Johnson, Ruth Pumford Woronchak

Garcia Julian

In The Chair: Birkholz

Rep. Minore moved to amend the bill as follows:

1. Amend page 4, line 1, after "GOVERNMENT." by striking out the balance of the line through "SIZE." on line 3.

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

Rep. Minore demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 834 Yeas--49

Baird Dennis Koetje Rivet

Basham Frank LaForge Rocca

Bogardus Garza Lockwood Schauer

Bovin Gieleghem Mans Schermesser

Brater Hale Martinez Sheltrown

Brewer Hanley Minore Spade

Brown, B. Hansen Neumann Stallworth

Callahan Hardman O'Neil Switalski

Cherry Jacobs Pestka Thomas

Clark, I. Jamnick Price Vander Roest

Clarke, H. Kelly Quarles Wojno

Daniels Kilpatrick Reeves Woodward

DeHart

Nays--49

Allen Geiger Kowall Richardville

Birkholz Gilbert Kukuk Richner

Bisbee Gosselin LaSata Sanborn

Bishop Green Law Shackleton

Bradstreet Hager Mead Shulman

Brown, C. Hart Middaugh Stamas

Cassis Howell Mortimer Tabor

Caul Jansen Pappageorge Toy

DeRossett Jelinek Patterson Van Woerkom

DeVuyst Johnson, Rick Perricone Vear

Ehardt Johnson, Ruth Pumford Voorhees

Faunce Julian Raczkowski Woronchak

Garcia

In The Chair: Birkholz

Rep. Wojno moved to amend the bill as follows:

1. Amend page 13, following line 11, by inserting:

"(J) IF THE FACILITY IS LOCATING IN A PLANT REHABILITATION DISTRICT OR AN INDUSTRIAL DEVELOPMENT DISTRICT FROM ANOTHER LOCATION IN THIS STATE, THE OWNER OF THE FACILITY IS NOT DELINQUENT IN ANY OF THE TAXES DESCRIBED IN SECTION 10(1)(A) OF THE MICHIGAN RENAISSANCE ZONE ACT, 1996 PA 376, MCL 125.2690, OR SUBSTANTIALLY DELINQUENT IN ANY OF THE TAXES DESCRIBED IN AND AS PROVIDED UNDER SECTION 10(1)(B) OF THE MICHIGAN RENAISSANCE ZONE ACT, 1996 PA 376, MCL 125.2690.".

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

Rep. Wojno demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 835 Yeas--104

Allen Faunce Kilpatrick Reeves

Baird Frank Koetje Richardville

Basham Garcia Kowall Richner

Birkholz Garza Kuipers Rivet

Bisbee Geiger Kukuk Rocca

Bishop Gieleghem LaForge Sanborn

Bogardus Gilbert LaSata Schauer

Bovin Godchaux Law Schermesser

Bradstreet Gosselin Lemmons Scranton

Brater Green Lockwood Shackleton

Brewer Hager Mans Sheltrown

Brown, B. Hale Martinez Shulman

Brown, C. Hanley Mead Spade

Byl Hansen Middaugh Stallworth

Callahan Hardman Minore Stamas

Cassis Hart Mortimer Switalski

Caul Howell Neumann Tabor

Cherry Jacobs Pappageorge Thomas

Clark, I. Jamnick Patterson Toy

Clarke, H. Jansen Perricone Van Woerkom

Daniels Jelinek Pestka Vander Roest

DeHart Jellema Price Vear

Dennis Johnson, Rick Prusi Voorhees

DeRossett Johnson, Ruth Pumford Wojno

DeVuyst Julian Quarles Woodward

Ehardt Kelly Raczkowski Woronchak

Nays--0

In The Chair: Birkholz

Rep. Jamnick moved to amend the bill as follows:

1. Amend page 10, line 3, by inserting:

"(f) Completion of the facility shall not have the effect of transferring employment from 1 or more local governmental units of this state to the local governmental unit in which the facility is to be located, except that this restriction does not prevent the granting of a certificate if the legislative body of each local governmental unit from which employment is to be transferred consents by resolution to the granting of the certificate OR IS OTHERWISE APPROVED BY THE COMMISSION. If the local governmental unit does not give its consent, a copy of the resolution of denial showing reasons for the denial shall be filed within 20 days after adoption with the department of consumer and industry services AND THE COMMISSION. IF THE LOCAL GOVERNMENTAL UNIT DOES NOT GIVE ITS CONSENT TO THE GRANTING OF A CERTIFICATE UNDER THIS SUBDIVISION, THE COMMISSION MAY APPROVE THE GRANTING OF A CERTIFICATE IF THE COMMISSION DETERMINES THAT THE RELOCATION OF THE FACILITY IS IN THE BEST ECONOMIC INTEREST OF THIS STATE. THE COMMISSION SHALL MAKE A DETERMINATION WITHIN 30 DAYS OF RECEIVING A COPY OF THE RESOLUTION OF DENIAL UNDER THIS SUBDIVISION." and relettering the remaining subdivisions.

2. Amend page 14, line 8, after "(2)(e)" by inserting "and (f)".

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

Rep. Jamnick demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 836 Yeas--45

Baird Dennis Lemmons Rivet

Basham Garza Lockwood Rocca

Bogardus Hale Mans Schermesser

Bovin Hanley Martinez Sheltrown

Brater Hansen Neumann Spade

Brewer Hardman Pappageorge Stallworth

Brown, B. Jacobs Pestka Switalski

Callahan Jamnick Price Tesanovich

Clark, I. Kelly Prusi Thomas

Clarke, H. Kilpatrick Quarles Vander Roest

Daniels LaForge Reeves Woodward

DeHart

Nays--58

Allen Garcia Julian Richardville

Birkholz Geiger Koetje Richner

Bisbee Gieleghem Kowall Sanborn

Bishop Gilbert Kuipers Schauer

Bradstreet Godchaux Kukuk Scranton

Brown, C. Gosselin LaSata Shackleton

Byl Green Law Shulman

Cassis Hager Mead Stamas

Caul Hart Middaugh Tabor

Cherry Howell O'Neil Toy

DeRossett Jansen Patterson Van Woerkom

DeVuyst Jelinek Perricone Vear

Ehardt Jellema Pumford Voorhees

Faunce Johnson, Rick Raczkowski Woronchak

Frank Johnson, Ruth

In The Chair: Birkholz

Rep. Callahan moved to amend the bill as follows:

1. Amend page 15, following line 14, by inserting:

"SEC. 21A. BEGINNING JANUARY 1, 2000, A LOCAL GOVERNMENTAL UNIT AND THE COMMISSION SHALL NOT GRANT AN INDUSTRIAL FACILITIES EXEMPTION CERTIFICATE UNDER THIS ACT.".

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

Rep. Callahan demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 837 Yeas--30

Baird Clarke, H. Jamnick Rocca

Basham DeHart Kelly Schermesser

Bogardus Dennis LaForge Scranton

Bovin Gieleghem Lemmons Stallworth

Brater Godchaux Mans Switalski

Brewer Hale Neumann Wojno

Callahan Hanley O'Neil Woodward

Cherry Jacobs

Nays--66

Allen Gilbert LaSata Rivet

Birkholz Gosselin Law Sanborn

Bisbee Green Lockwood Schauer

Bishop Hager Mead Shackleton

Bradstreet Hansen Middaugh Sheltrown

Brown, B. Hart Minore Shulman

Brown, C. Howell Mortimer Spade

Byl Jansen Pappageorge Stamas

Cassis Jelinek Patterson Tabor

Caul Jellema Perricone Tesanovich

DeRossett Johnson, Rick Pestka Toy

DeVuyst Johnson, Ruth Prusi Van Woerkom

Ehardt Julian Pumford Vander Roest

Faunce Koetje Raczkowski Vear

Frank Kowall Richardville Voorhees

Garcia Kuipers Richner Woronchak

Geiger Kukuk

In The Chair: Birkholz

Rep. Kelly moved to amend the bill as follows:

1. Amend page 15, following line 14, by inserting:

"SEC. 20A. BEGINNING JANUARY 1, 2000, THIS STATE SHALL REIMBURSE EACH PUBLIC LIBRARY IN THIS STATE FOR ALL GENERAL AD VALOREM PROPERTY TAX REVENUE LOST EACH YEAR AS A RESULT OF AN INDUSTRIAL FACILITIES EXEMPTION CERTIFICATE ISSUED AFTER DECEMBER 31, 1999 UNDER THIS ACT.".

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

Rep. Kelly demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 838 Yeas--52

Baird Dennis Kilpatrick Quarles

Basham Frank LaForge Reeves

Bogardus Garza Law Rivet

Bovin Gieleghem Lemmons Rocca

Brater Green Lockwood Schauer

Brewer Hale Mans Schermesser

Brown, B. Hanley Martinez Sheltrown

Callahan Hansen Minore Spade

Cherry Hardman Neumann Stallworth

Clark, I. Howell O'Neil Tesanovich

Clarke, H. Jacobs Pestka Thomas

Daniels Jamnick Price Wojno

DeHart Kelly Prusi Woodward

Nays--53

Allen Geiger Kuipers Sanborn

Birkholz Gilbert Kukuk Scranton

Bisbee Godchaux LaSata Shackleton

Bishop Gosselin Mead Shulman

Bradstreet Hager Middaugh Stamas

Brown, C. Hart Mortimer Switalski

Byl Jansen Pappageorge Tabor

Cassis Jelinek Patterson Toy

Caul Johnson, Rick Perricone Van Woerkom

DeRossett Johnson, Ruth Pumford Vander Roest

DeVuyst Julian Raczkowski Vear

Ehardt Koetje Richardville Voorhees

Faunce Kowall Richner Woronchak

Garcia

In The Chair: Birkholz

Rep. Rivet moved to amend the bill as follows:

1. Amend page 7, following line 19, by inserting:

"(8) NOTWITHSTANDING ANY OTHER PROVISION OF THIS ACT, BEGINNING JANUARY 1, 2000, THE COMMISSION SHALL NOT ISSUE AN INDUSTRIAL FACILITIES EXEMPTION CERTIFICATE UNLESS THE STATE TREASURER APPROVES THE ISSUANCE OF THE INDUSTRIAL FACILITIES EXEMPTION CERTIFICATE. THE STATE TREASURER SHALL APPROVE THE ISSUANCE OF THE INDUSTRIAL FACILITIES EXEMPTION CERTIFICATE WITHIN 10 DAYS OF A REQUEST BY THE COMMISSION IF IT IS IN THE BEST ECONOMIC INTEREST OF THE STATE.".

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

Rep. Rivet demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 839 Yeas--30

Basham Garza Lemmons Reeves

Bogardus Hale Mans Rivet

Bovin Hanley Minore Rocca

Brater Hansen Neumann Sheltrown

Brewer Hardman Price Spade

Brown, B. Jacobs Prusi Stallworth

Callahan Jamnick Quarles Thomas

Clark, I. Kilpatrick

Nays--73

Allen Garcia Kuipers Sanborn

Baird Geiger Kukuk Schauer

Birkholz Gieleghem LaSata Schermesser

Bisbee Gilbert Law Scranton

Bishop Godchaux Lockwood Shackleton

Bradstreet Gosselin Martinez Shulman

Brown, C. Green Mead Stamas

Byl Hager Middaugh Switalski

Cassis Hart Mortimer Tabor

Caul Howell O'Neil Tesanovich

Cherry Jansen Pappageorge Toy

Clarke, H. Jelinek Patterson Van Woerkom

DeHart Jellema Perricone Vander Roest

Dennis Johnson, Rick Pestka Vear

DeRossett Johnson, Ruth Pumford Voorhees

DeVuyst Julian Raczkowski Wojno

Ehardt Koetje Richardville Woodward

Faunce Kowall Richner Woronchak

Frank

In The Chair: Birkholz

Rep. Kuipers moved to amend the bill as follows:

1. Amend page 3, line 26, after "company." by inserting "FOR APPLICATIONS APPROVED BY THE LEGISLATIVE BODY OF A LOCAL GOVERNMENTAL UNIT BETWEEN JUNE 30, 1999 AND JUNE 30, 2002,".

2. Amend page 4, line 12, after "GOVERNMENT" by inserting "AND FOR WHICH AN APPLICATION WAS APPROVED BY THE LEGISLATIVE BODY OF A LOCAL GOVERNMENTAL UNIT BETWEEN JUNE 30, 1999 AND JUNE 30, 2002".

The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.

Rep. Brater moved to amend the bill as follows:

1. Amend page 15, following line 14, by inserting:

"Sec. 21. (1) An industrial facilities exemption certificate may be transferred and assigned by the holder ~~thereof~~ OF THE INDUSTRIAL FACILITIES EXEMPTION CERTIFICATE to a new owner or lessee of the facility but only with the approval of the local governmental unit and the commission after application by the new owner or lessee, and notice and hearing in the same manner as provided in section 5 for the application for a certificate.

(2) IF THE OWNER OR LESSEE OF A FACILITY FOR WHICH AN INDUSTRIAL FACILITIES EXEMPTION CERTIFICATE IS IN EFFECT RELOCATES THAT FACILITY OUTSIDE OF THE INDUSTRIAL DEVELOPMENT DISTRICT OR PLANT REHABILITATION DISTRICT DURING THE PERIOD IN WHICH THE INDUSTRIAL FACILITIES EXEMPTION CERTIFICATE IS IN EFFECT, THE OWNER OR LESSEE SHALL PAY TO THE LOCAL GOVERNMENTAL UNIT UPON RELOCATING AN AMOUNT EQUAL TO THE DIFFERENCE BETWEEN THE INDUSTRIAL FACILITIES TAX PAID BY THE OWNER OR LESSEE OF THAT FACILITY FOR THAT FACILITY FOR ALL YEARS IN WHICH THAT INDUSTRIAL FACILITIES EXEMPTION WAS IN EFFECT AND THE GENERAL AD VALOREM PROPERTY TAX THAT THE OWNER OR LESSEE WOULD HAVE PAID IF THE OWNER OR LESSEE OF THAT FACILITY DID NOT HAVE AN INDUSTRIAL FACILITIES EXEMPTION CERTIFICATE IN EFFECT FOR THOSE YEARS. THE PAYMENT PROVIDED IN THIS SUBSECTION SHALL BE DISTRIBUTED IN THE SAME MANNER AS THE INDUSTRIAL FACILITIES TAX IS DISTRIBUTED.".

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

Rep. Brater demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 840 Yeas--48

Baird Dennis LaForge Richardville

Basham Frank Lemmons Rocca

Bogardus Garza Lockwood Schauer

Bovin Gieleghem Mans Schermesser

Brater Hale Martinez Sheltrown

Brewer Hanley Minore Spade

Brown, B. Hansen Neumann Stallworth

Callahan Hardman Pestka Switalski

Clark, I. Jacobs Price Tesanovich

Clarke, H. Jamnick Prusi Thomas

Daniels Kelly Quarles Vander Roest

DeHart Kilpatrick Reeves Woodward

Nays--54

Allen Geiger Koetje Raczkowski

Bisbee Gilbert Kowall Richner

Bishop Godchaux Kuipers Sanborn

Bradstreet Gosselin Kukuk Scranton

Brown, C. Green LaSata Shackleton

Byl Hager Law Shulman

Cassis Hart Mead Stamas

Caul Howell Middaugh Tabor

Cherry Jansen Mortimer Toy

DeRossett Jelinek Pappageorge Van Woerkom

DeVuyst Jellema Patterson Vear

Ehardt Johnson, Rick Perricone Voorhees

Faunce Johnson, Ruth Pumford Woronchak

Garcia Julian

In The Chair: Birkholz

Rep. Martinez moved to amend the bill as follows:

1. Amend page 3, line 27, after "INCLUDES" by striking out "AN ELECTRIC" and inserting "A".

2. Amend page 3, line 27, after "PLANT" by inserting "THAT IS OPERATED BY NATURAL GAS, WIND, SOLAR, OR ANOTHER RENEWABLE ENERGY SOURCE".

3. Amend page 4, line 10, by striking out all of line 10 through "ELECTRIC" on line 11 and inserting "A".

4. Amend page 4, line 12, after "GOVERNMENT" by inserting "THAT IS OPERATED BY NATURAL GAS, WIND, SOLAR, OR ANOTHER RENEWABLE ENERGY SOURCE".

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

Rep. Martinez demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 841 Yeas--39

Baird Daniels Jamnick Reeves

Basham DeHart Kelly Rivet

Bogardus Dennis Kilpatrick Schauer

Bovin Garza LaForge Schermesser

Brater Gieleghem Mans Stallworth

Brewer Hale Martinez Tesanovich

Callahan Hanley Minore Thomas

Cherry Hansen Price Wojno

Clark, I. Hardman Prusi Woodward

Clarke, H. Jacobs Quarles

Nays--66

Allen Gilbert LaSata Rocca

Birkholz Godchaux Law Sanborn

Bisbee Gosselin Lockwood Scranton

Bishop Green Mead Shackleton

Bradstreet Hager Middaugh Sheltrown

Brown, B. Hart Mortimer Shulman

Brown, C. Howell Neumann Spade

Byl Jansen O'Neil Stamas

Cassis Jelinek Pappageorge Switalski

Caul Jellema Patterson Tabor

DeRossett Johnson, Rick Perricone Toy

DeVuyst Johnson, Ruth Pestka Van Woerkom

Ehardt Julian Pumford Vander Roest

Faunce Koetje Raczkowski Vear

Frank Kowall Richardville Voorhees

Garcia Kuipers Richner Woronchak

Geiger Kukuk

In The Chair: Birkholz

Rep. Schauer moved to amend the bill as follows:

1. Amend page 15, following line 14, by inserting:

(2) NOTWITHSTANDING ANY OTHER PROVISION OF THIS ACT, IF THE OWNER OR LESSEE OF A FACILITY FOR WHICH AN INDUSTRIAL FACILITIES EXEMPTION CERTIFICATE IS IN EFFECT RELOCATES THAT FACILITY OUTSIDE OF THE INDUSTRIAL DEVELOPMENT DISTRICT OR PLANT REHABILITATION DISTRICT DURING THE PERIOD IN WHICH THE INDUSTRIAL FACILITIES EXEMPTION CERTIFICATE IS IN EFFECT, THE INDUSTRIAL FACILITIES EXEMPTION CERTIFICATE IS VOID AND THE OWNER OR LESSEE OF THAT FACILITY IS LIABLE FOR GENERAL AD VALOREM PROPERTY TAXES COLLECTED UNDER THE GENERAL PROPERTY TAX ACT, 1893 PA 206, MCL 211.1 TO 211.157 AS OF THE DATE OF THE RELOCATION.".

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

Rep. O'Neil moved to amend the bill as follows:

1. Amend page 4, line 2, after "CENTERS" by striking out the balance of the sentence and inserting a period.

The question being on the adoption of the amendment offered by Rep. O'Neil,

Rep. O'Neil demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendment offered by Rep. O'Neil,

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

Roll Call No. 842 Yeas--49

Baird DeHart LaForge Schauer

Basham Dennis Lemmons Schermesser

Bogardus Frank Lockwood Sheltrown

Bovin Garza Mans Spade

Brater Gieleghem Minore Stallworth

Brewer Hale Neumann Switalski

Brown, B. Hanley O'Neil Tesanovich

Callahan Hansen Pestka Thomas

Caul Jacobs Price Vander Roest

Cherry Jamnick Prusi Vear

Clark, I. Kelly Quarles Wojno

Clarke, H. Kilpatrick Rivet Woodward

Daniels

Nays--54

Allen Gilbert Kowall Richardville

Birkholz Godchaux Kuipers Richner

Bisbee Gosselin Kukuk Rocca

Bishop Green LaSata Sanborn

Bradstreet Hager Law Scranton

Brown, C. Hart Mead Shackleton

Byl Howell Middaugh Shulman

Cassis Jansen Mortimer Stamas

DeRossett Jelinek Pappageorge Tabor

DeVuyst Jellema Patterson Toy

Ehardt Johnson, Rick Perricone Van Woerkom

Faunce Johnson, Ruth Pumford Voorhees

Garcia Julian Raczkowski Woronchak

Geiger Koetje

In The Chair: Birkholz

Rep. Price moved to amend the bill as follows:

1. Amend page 15, following line 14, by inserting:

"SEC. 20A. BEGINNING JANUARY 1, 2000, THIS STATE SHALL REIMBURSE EACH COMMUNITY COLLEGE IN THIS STATE FOR ALL GENERAL AD VALOREM PROPERTY TAX REVENUE LOST EACH YEAR AS A RESULT OF AN INDUSTRIAL FACILITIES EXEMPTION CERTIFICATE ISSUED AFTER DECEMBER 31, 1999 UNDER THIS ACT.".

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

Rep. Price demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 843 Yeas--48

Baird Dennis LaForge Reeves

Basham Frank Lemmons Rivet

Bogardus Garza Lockwood Rocca

Brater Gieleghem Mans Schauer

Brewer Hale Martinez Schermesser

Brown, B. Hanley Minore Sheltrown

Callahan Hansen Neumann Spade

Cherry Hardman O'Neil Stallworth

Clark, I. Jacobs Pestka Tesanovich

Clarke, H. Jamnick Price Thomas

Daniels Kelly Prusi Wojno

DeHart Kilpatrick Quarles Woodward

Nays--57

Allen Geiger Kowall Richner

Birkholz Gilbert Kuipers Sanborn

Bisbee Gosselin Kukuk Scranton

Bishop Green LaSata Shackleton

Bovin Hager Law Shulman

Bradstreet Hart Mead Stamas

Brown, C. Howell Middaugh Switalski

Byl Jansen Mortimer Tabor

Cassis Jelinek Pappageorge Toy

Caul Jellema Patterson Van Woerkom

DeRossett Johnson, Rick Perricone Vander Roest

DeVuyst Johnson, Ruth Pumford Vear

Ehardt Julian Raczkowski Voorhees

Faunce Koetje Richardville Woronchak

Garcia

In The Chair: Birkholz

Reps. LaSata and Basham moved to amend the bill as follows:

1. Amend page 15, following line 14, by inserting:

(2) IF THE OWNER OR LESSEE OF A FACILITY FOR WHICH AN INDUSTRIAL FACILITIES EXEMPTION CERTIFICATE IS IN EFFECT RELOCATES THAT FACILITY OUTSIDE OF THE INDUSTRIAL DEVELOPMENT DISTRICT OR PLANT REHABILITATION DISTRICT DURING THE PERIOD IN WHICH THE INDUSTRIAL FACILITIES EXEMPTION CERTIFICATE IS IN EFFECT, THE OWNER OR LESSEE IS LIABLE TO THE LOCAL GOVERNMENTAL UNIT FROM WHICH IT IS LEAVING, UPON RELOCATING, FOR AN AMOUNT EQUAL TO THE DIFFERENCE BETWEEN THE INDUSTRIAL FACILITIES TAX TO BE PAID BY THE OWNER OR LESSEE OF THAT FACILITY FOR THAT FACILITY FOR THE TAX YEARS REMAINING UNDER THE INDUSTRIAL FACILITIES EXEMPTION CERTIFICATE THAT IS IN EFFECT AND THE GENERAL AD VALOREM PROPERTY TAX THAT THE OWNER OR LESSEE WOULD HAVE PAID IF THE OWNER OR LESSEE OF THAT FACILITY DID NOT HAVE AN INDUSTRIAL FACILITIES EXEMPTION CERTIFICATE IN EFFECT FOR THOSE YEARS. IF THE LOCAL GOVERNMENTAL UNIT DETERMINES THAT IT IS IN ITS BEST INTEREST, THE LOCAL GOVERNMENTAL UNIT MAY FORGIVE THE LIABILITY OF THE OWNER OR LESSEE UNDER THIS SUBSECTION. THE PAYMENT PROVIDED IN THIS SUBSECTION SHALL BE DISTRIBUTED IN THE SAME MANNER AS THE INDUSTRIAL FACILITIES TAX IS DISTRIBUTED.".

The question being on the adoption of the amendment offered by Reps. LaSata and Basham,

Rep. LaSata demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendment offered by Reps. LaSata and Basham,

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

Roll Call No. 844 Yeas--103

Allen Frank Kowall Richner

Baird Garcia Kuipers Rivet

Basham Garza Kukuk Rocca

Birkholz Geiger LaForge Sanborn

Bisbee Gieleghem LaSata Schauer

Bishop Gilbert Law Schermesser

Bogardus Godchaux Lemmons Scranton

Bovin Gosselin Lockwood Shackleton

Bradstreet Green Mans Sheltrown

Brater Hager Mead Shulman

Brewer Hale Middaugh Spade

Brown, B. Hanley Minore Stallworth

Brown, C. Hansen Mortimer Stamas

Byl Hart Neumann Switalski

Callahan Howell O'Neil Tabor

Cassis Jacobs Pappageorge Tesanovich

Caul Jamnick Patterson Thomas

Clark, I. Jansen Perricone Toy

Clarke, H. Jelinek Pestka Van Woerkom

Daniels Jellema Price Vander Roest

DeHart Johnson, Rick Prusi Vear

Dennis Johnson, Ruth Pumford Voorhees

DeRossett Julian Quarles Wojno

DeVuyst Kelly Raczkowski Woodward

Ehardt Kilpatrick Reeves Woronchak

Faunce Koetje Richardville

Nays--0

In The Chair: Birkholz

Rep. Cassis moved to amend the bill as follows:

1. Amend page 15, following line 14, by inserting:

"(8) PROPERTY OWNED OR OPERATED BY A CASINO IS NOT INDUSTRIAL PROPERTY OR OTHERWISE ELIGIBLE FOR AN ABATEMENT OR REDUCTION OF AD VALOREM PROPERTY TAXES UNDER THIS ACT. AS USED IN THIS SUBSECTION, "CASINO" MEANS A CASINO OR A PARKING LOT, HOTEL, MOTEL, CONVENTION AND TRADE CENTER, OR RETAIL STORE OWNED OR OPERATED BY A CASINO, AN AFFILIATE, OR AN AFFILIATED COMPANY, REGULATED BY THIS STATE PURSUANT TO THE MICHIGAN GAMING CONTROL AND REVENUE ACT, THE INITIATED LAW OF 1996, MCL 432.201 TO 432.226.".

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

Rep. O'Neil demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 845 Yeas--85

Allen Frank Kowall Richner

Baird Garcia Kuipers Rocca

Basham Geiger Kukuk Sanborn

Birkholz Gieleghem LaSata Schauer

Bisbee Gilbert Law Schermesser

Bishop Godchaux Lockwood Scranton

Bradstreet Gosselin Mans Shackleton

Brater Green Martinez Sheltrown

Brewer Hager Mead Shulman

Brown, B. Hansen Middaugh Spade

Brown, C. Hart Mortimer Stamas

Byl Howell Neumann Switalski

Callahan Jacobs Pappageorge Tabor

Cassis Jansen Patterson Toy

Caul Jelinek Perricone Van Woerkom

Clarke, H. Jellema Pestka Vander Roest

DeHart Johnson, Rick Prusi Vear

Dennis Johnson, Ruth Pumford Voorhees

DeRossett Julian Raczkowski Wojno

DeVuyst Kilpatrick Reeves Woodward

Ehardt Koetje Richardville Woronchak

Faunce

Nays--11

Cherry Kelly O'Neil Stallworth

Hale LaForge Price Tesanovich

Jamnick Lemmons Rivet

In The Chair: Birkholz

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

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

Rep. Raczkowski moved that the bill be placed on its immediate passage.

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

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 4844, entitled

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

Roll Call No. 846 Yeas--88

Allen Ehardt Kilpatrick Pumford

Baird Faunce Koetje Reeves

Basham Frank Kowall Richner

Birkholz Garcia Kuipers Rivet

Bisbee Garza Kukuk Sanborn

Bishop Geiger LaSata Scranton

Bogardus Gieleghem Law Shackleton

Bovin Gilbert Lemmons Sheltrown

Bradstreet Gosselin Lockwood Shulman

Brewer Green Mans Spade

Brown, B. Hager Martinez Stallworth

Brown, C. Hansen Mead Stamas

Byl Hardman Middaugh Switalski

Cassis Hart Minore Tabor

Caul Howell Mortimer Thomas

Cherry Jacobs Neumann Toy

Clark, I. Jansen O'Neil Van Woerkom

Clarke, H. Jelinek Patterson Vear

Daniels Jellema Perricone Voorhees

Dennis Johnson, Rick Pestka Wojno

DeRossett Johnson, Ruth Price Woodward

DeVuyst Julian Prusi Woronchak

Nays--16

Brater Hale LaForge Rocca

Callahan Hanley Pappageorge Schauer

DeHart Jamnick Raczkowski Schermesser

Godchaux Kelly Richardville Vander Roest

In The Chair: Birkholz

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

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

A bill to amend 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 sections 2, 4, 9, and 21 (MCL 207.552, 207.554, 207.559, and 207.571), section 2 as amended by 1986 PA 66, section 4 as amended by 1995 PA 218, and section 9 as amended by 1996 PA 513.

The motion prevailed.

The House agreed to the title as amended.

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

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

Reps. Allen, Cassis, DeRossett, Gieleghem, Jelinek, Koetje, Kowall, Kuipers, Kukuk, LaSata, Lemmons, Mortimer, O'Neil, Richner, Shulman, Switalski and Vear were named co-sponsors of the bill.

______

Rep. Jamnick, having reserved the right to explain her protest against the passage of the bill, made the following statement:

"Mr. Speaker and members of the House:

This bill is yet another assault on local government and their ability to make decisions on their community's future and best interests.

I have voted 'no' on HB 4844 because there are other solutions to resolve stalemates between communities over the relocation of jobs. This bill is more about special interest than anything else. One company, plus a convention center located in a committee chair's community, plus offering incentives to electric generators looking to deregulation of this industry, when we really have no idea of what they will need in the future."

Rep. Richardville, having reserved the right to explain his protest against the passage of the bill, made the following statement:

"Mr. Speaker and members of the House:

I voted no on HB 4844 because of the following reasons:

First, the intent on this draft bill will directly attack the previously-mentioned policy that local units should not pirate or raid other local units for attracting jobs and tax base;

Second, central and distressed municipalities may become exposed to resident firms seeking relocation to reduce their tax cost while ultimately increasing long-term public service or infrastructure costs for both the receiving and transferring communities;

Third, passage of this bill will open a significant loophole for firms to vacate existing abatements. Public Act 334 of 1993 required firms seeking abatements to enter into agreements with local units to assure their staying put during the term of the abatement (the 'Willow Run' act). Adoption of this bill will allow any firm with an abatement approved prior to January 1994 to simply walk away from the host community, if they desire, without any ability of the host community to respond. In Monroe, this loophole will open for 23% of existing tax abatements, representing 53% of all abated taxable value."

______

Rep. Raczkowski 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. Bob Brown, Bogardus, Hansen, LaForge, Sheltrown, Spade, Jamnick, Kelly, Kilpatrick, Hanley, Clark, Woodward, Dennis, Garza, Minore, Bovin, Daniels, Brater, Rivet, Basham, Hardman, Lemmons, DeHart, Martinez, Jacobs, Cherry, Rocca, Prusi, Bishop, Vander Roest, Kowall, Julian, Woronchak, Ehardt, Green, Wojno, Godchaux, Scranton, Baird, Clarke, Schauer, Van Woerkom, Hager, Caul, Gieleghem, Switalski and Thomas offered the following resolution:

House Resolution No. 192.

A resolution recognizing October 17-23, 1999, as "Week Without Violence."

Whereas, The YWCA Week Without Violence, a public awareness campaign led by the YWCA, falls on October 17 through 23, 1999; and

Whereas, The YWCA, the oldest women's membership movement in the United States, has a long history of empowering women and families, fostering racial justice, and preventing violence. Through 323 local member associations with programs in thousands of communities in all 50 states, the YWCA represents approximately 2 million women, girls, and their families. The YWCAs provide a wide range of programs and services including battered women's shelters and counseling, child care, support to victims of rape and sexual assault, job training, sports and fitness, and legal advocacy; and

Whereas, The campaign will focus unprecedented attention on practical and sustainable alternatives to violence with programs at YWCAs, schools, community organizations, neighborhoods, and workplaces nationwide and around the world; and

Whereas, The campaign will provide a series of national and local forums that will inspire communities to work together to create effective alternatives to violence. The YWCA Week Without Violence is a challenge to all Americans to spend seven days without committing, condoning, or contributing to violence; now, therefore, be it

Resolved by the House of Representatives, That we hereby proclaim October 17 through 23, 1999, as the YWCA Week Without Violence.

Pending the reference of the resolution to a committee,

Rep. Raczkowski moved that Rule 77 be suspended and the resolution be considered at this time.

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

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. Brater, Bogardus, Hansen, LaForge, Sheltrown, Spade, Callahan, Jamnick, Kelly, Kilpatrick, Hanley, Clark, Woodward, Dennis, Garza, Minore, Bovin, Daniels, Rivet, Basham, Hardman, Reeves, Lemmons, DeHart, Martinez, Jacobs, Cherry, Neumann, Rocca, Prusi, Vander Roest, Kowall, Julian, Woronchak, Ehardt, Green, Wojno, Godchaux, Scranton, Baird, Kukuk, Clarke, Schauer, Van Woerkom, Hager, Tabor, Caul, Gieleghem, DeRossett, Switalski and Thomas offered the following resolution:

House Resolution No. 193.

A resolution recognizing October 2-9, 1999, as Mental Illness Awareness Week.

Whereas, Each year since 1983, a growing number of mental health organizations, facilities, and advocates recognize the first full week of October as Mental Illness Awareness Week. During this week, tens of thousands of dedicated health care professionals, treatment facilities, affiliates of the National Alliance for the Mentally Ill, local mental health associations, mental health consumer self-help groups, civic groups, officials, and concerned citizens join in a true grassroots campaign to bring information, hope, and treatment to millions. They hold mental health fairs, candlelight vigils, produce special television programs, organize free depression screenings for the general public, and give countless speeches and presentations before classrooms, PTOs, local government and civil leaders, and groups; and

Whereas, Mental illness will strike one in five adult Americans in a given year without regard to age, gender, race, ethnicity, religion, or economic status. One in five children suffer from a diagnosable mental, emotional, or behavioral disorder and one in ten have a serious disorder which, if left untreated, can lead to school failure, substance abuse, and even suicide. All mental disorders collectively make mental illness one of the most prevalent health problems in America today--more common than cancer, and lung and heart disease combined. Mental illnesses are treatable and a majority of people who seek professional help are successfully treated; and

Whereas, Brain disorders result in staggering economic costs to society, which are estimated to be in excess of $40 billion annually, including direct treatment and support costs, and indirect costs such as lost productivity. Mental illness is an increasingly treatable disability with excellent prospects for remedy and recovery when properly recognized. Serious mental illness such as schizophrenia, and the major depressions, are now known to be diseases of the brain and not caused by individual weaknesses or poor family life. Persons with mental illnesses and their families may be stigmatized by the myths and prejudices surrounding mental illness and are thereby doubly victimized by the illness; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body commend organizers of this event and recognize October 2-9, 1999, as Mental Illness Awareness Week.

Pending the reference of the resolution to a committee,

Rep. Raczkowski moved that Rule 77 be suspended and the resolution be considered at this time.

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

The question being on the adoption of the resolution,

The resolution was adopted.

Reports of Standing Committees

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

House Bill No. 4796, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending section 30 (MCL 206.30), as amended by 1997 PA 86.

With the recommendation that the bill pass.

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

Favorable Roll Call

HB 4796 To Report Out:

Yeas: Reps. Cassis, Woronchak, Allen, Faunce, Gilbert, Koetje, Patterson, Vander Roest, Vear, Quarles, Basham, Garza, Minore, O'Neil, Switalski,

Nays: None.

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, October 5, 1999, at 9:00 a.m.,

Present: Reps. Cassis, Woronchak, Allen, Faunce, Gilbert, Koetje, Patterson, Vander Roest, Vear, Quarles, Basham, Garza, Minore, O'Neil, Switalski,

Absent: Reps. Gosselin, Jamnick,

Excused: Reps. Gosselin, Jamnick.

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Green, Chair of the Committee on Agriculture and Resource Management, was received and read:

Meeting held on: Tuesday, October 5, 1999, at 8:00 a.m.,

Present: Reps. Green, Julian, Bradstreet, DeRossett, DeVuyst, Ehardt, Howell, Rick Johnson, Koetje, Vear, Brater, Bogardus, Hansen, LaForge, Rivet, Sheltrown, Spade.

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, October 5, 1999, at 10:30 a.m.,

Present: Reps. Allen, Ruth Johnson, Bradstreet, Hager, Rick Johnson, Kuipers, Van Woerkom, Bogardus, Clark, Daniels, Gieleghem, Hansen, Spade,

Absent: Reps. DeWeese, Hart, Voorhees, Scott,

Excused: Reps. DeWeese, Hart, Voorhees, Scott.

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Bishop, Chair of the Committee on Constitutional Law and Ethics, was received and read:

Meeting held on: Tuesday, October 5, 1999, at 12:00 Noon,

Present: Reps. Bishop, Patterson, Bradstreet, Green, Rocca, Brater, Garza, Lemmons,

Absent: Rep. Vaughn,

Excused: Rep. Vaughn.

Announcement by the Clerk of Printing and Enrollment

The Clerk announced that the following bill had been printed and placed upon the files of the members, Wednesday, September 29:

Senate Bill No. 774

The Clerk announced that the following bills had been printed and placed upon the files of the members, Monday, October 4:

House Bill Nos. 4853 4854 4855 4856 4857 4858 4859 4860 4861 4862 4863 4864 4865 4866

4867 4868 4869 4870 4871 4872 4873 4874 4875 4876 4877 4878 4879 4880

4881 4882 4883 4884 4885 4886 4887 4888 4889 4890 4891 4892 4893 4894

4895 4896 4897 4898 4899 4900 4901 4902 4903

The Clerk announced that the following bills had been printed and placed upon the files of the members, Tuesday, October 5:

House Bill Nos. 4904 4905 4906 4907 4908 4909 4910 4911 4912 4913 4914 4915 4916 4917

4918 4919 4920 4921 4922 4923 4924 4925 4926 4927 4928 4929 4930 4931

4932 4933 4934 4935 4936 4937

The Clerk announced that the following Senate bills had been received on Tuesday, October 5:

Senate Bill Nos. 462 501

By unanimous consent the House returned to the order of

Messages from the Senate

Senate Bill No. 462, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 2521; 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 Conservation and Outdoor Recreation.

Senate Bill No. 501, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," (MCL 380.1 to 380.1852) by adding section 1237.

The Senate has passed the bill.

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

Communications from State Officers

The following communication from the Department of Environmental Quality was received and read:

September 30, 1999

Attached please find the report to the Michigan Legislature as required by Section 227, 1998 PA 292, regarding anticipated Great Lakes water diversions in the twenty-first century as well as recommendations on a research program and other measures needed to evaluate the impact of proposed diversions.

If you have any questions regarding this report, please contact Mr. G. Tracy Mehan, III, Director, Office of the Great Lakes, at (517) 335-4056.

Sincerely,

Russell J. Harding

Director

(517) 373-7917

The communication was referred to the Clerk.

The following communication from Schoolcraft College was received and read:

September 30, 1999

As required, we are enclosing a copy of the audited financial statements and the management letter for Schoolcraft College for the fiscal year ended June 30, 1999.

Sincerely,

Jill O'Sullivan

Executive Director

Financial Services

The communication was referred to the Clerk.

The following communication from the Northeast Michigan Consortium Workforce Development Board was received and read:

October 1, 1999

The Workforce Development Board of Northeast Michigan Consortium has prepared the final Work First Plan for Fiscal Year 2000. Total Work First Program funds planned for FY00 are $626,628.00.

A copy of the Plan is available at Northeast Michigan Consortium, 20709 State Street, P. O. Box 711, Onaway, Michigan 49765 for public review. Please address questions or comments to Terry L. Basel, Program Coordinator.

The communication was referred to the Clerk.

Introduction of Bills

Reps. LaSata, Sanborn, Kukuk, Mortimer and Shulman introduced

House Bill No. 4938, entitled

A bill to designate an official agricultural insect of this state.

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

Reps. Raczkowski, Richardville, Hansen, Jacobs, Gilbert, Julian, Kowall, Hager, Van Woerkom, Bisbee, Ruth Johnson, Switalski, LaSata and Bishop introduced

House Bill No. 4939, entitled

A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 7cc (MCL 211.7cc), as amended by 1996 PA 476.

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

Reps. Raczkowski and LaSata introduced

House Bill No. 4940, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 8408 (MCL 600.8408), as amended by 1991 PA 192.

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

Reps. Raczkowski, LaSata and Bishop introduced

House Bill No. 4941, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," (MCL 600.101 to 600.9948) by adding chapter 28.

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

Reps. Switalski, DeHart, Jamnick, Hale, Woodward, Bovin, Baird, Lemmons, Rivet, Daniels, Vaughn, Mans, Gieleghem, Vear, Brater and Jacobs introduced

House Bill No. 4942, entitled

A bill to amend 1951 PA 51, entitled "An act to provide for the classification of all public roads, streets, and highways in this state, and for the revision of that classification and for additions to and deletions from each classification; to set up and establish the Michigan transportation fund; to provide for the deposits in the Michigan transportation fund of specific taxes on motor vehicles and motor vehicle fuels; to provide for the allocation of funds from the Michigan transportation fund and the use and administration of the fund for transportation purposes; to set up and establish the truck safety fund; to provide for the allocation of funds from the truck safety fund and administration of the fund for truck safety purposes; to set up and establish the Michigan truck safety commission; to establish certain standards for road contracts for certain businesses; to provide for the continuing review of transportation needs within the state; to authorize the state transportation commission, counties, cities, and villages to borrow money, issue bonds, and make pledges of funds for transportation purposes; to authorize counties to advance funds for the payment of deficiencies necessary for the payment of bonds issued under this act; to provide for the limitations, payment, retirement, and security of the bonds and pledges; to provide for appropriations and tax levies by counties and townships for county roads; to authorize contributions by townships for county roads; to provide for the establishment and administration of the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds; to provide for the deposits in the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds of money raised by specific taxes and fees; to provide for definitions of public transportation functions and criteria; to define the purposes for which Michigan transportation funds may be allocated; to provide for Michigan transportation fund grants; to provide for review and approval of transportation programs; to provide for submission of annual legislative requests and reports; to provide for the establishment and functions of certain advisory entities; to provide for conditions for grants; to provide for the issuance of bonds and notes for transportation purposes; to provide for the powers and duties of certain state and local agencies and officials; to provide for the making of loans for transportation purposes by the state transportation department and for the receipt and repayment by local units and agencies of those loans from certain specified sources; and to repeal acts and parts of acts," by amending sections 1c, 11, 12, and 13 (MCL 247.651c, 247.661, 247.662, and 247.663), section 1c as amended by 1982 PA 438, section 11 as amended by 1998 PA 308, section 12 as amended by 1997 PA 79, and section 13 as amended by 1999 PA 54.

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

Reps. Allen, Rick Johnson, Bradstreet and Mead introduced

House Bill No. 4943, entitled

A bill to designate the cherry burger as the official burger of this state.

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

Reps. Schermesser, DeHart, Scott, Jamnick, Bogardus, Basham, Bovin, LaSata, Wojno and Hale introduced

House Bill No. 4944, entitled

A bill to amend 1987 PA 96, entitled "The mobile home commission act," by amending section 17 (MCL 125.2317).

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

Reps. Scranton, Stallworth, Jellema, Jelinek, Byl and Mead introduced

House Bill No. 4945, entitled

A bill to amend 1967 PA 204, entitled "Metropolitan transportation authorities act of 1967," by amending sections 2 and 5 (MCL 124.402 and 124.405), as amended by 1988 PA 481; and to repeal acts and parts of acts.

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

Reps. Hager, Gilbert, Kowall, Julian, Hart, Gosselin, Patterson, Bishop, Mortimer, Tabor, Voorhees, Ehardt, Woronchak, Bradstreet, Birkholz, Richner, Shackleton, Shulman, Stamas, Kukuk, Richardville, Mead, DeHart and Raczkowski introduced

House Bill No. 4946, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," (MCL 750.1 to 750.568) by adding section 411r.

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

Reps. Lemmons, Price, Hale, Daniels, Reeves, Hardman, Clark, Thomas, Brewer, Garza, Tesanovich, Brater, Scott, Julian, DeWeese and Jacobs introduced

House Bill No. 4947, entitled

A bill to amend 1953 PA 232, entitled "An act to revise, consolidate, and codify the laws relating to probationers and probation officers, to pardons, reprieves, commutations, and paroles, to the administration of correctional institutions, correctional farms, and probation recovery camps, to prisoner labor and correctional industries, and to the supervision and inspection of local jails and houses of correction; to provide for the siting of correctional facilities; to create a state department of corrections, and to prescribe its powers and duties; to provide for the transfer to and vesting in said department of powers and duties vested by law in certain other state boards, commissions, and officers, and to abolish certain boards, commissions, and offices the powers and duties of which are transferred by this act; to allow for the operation of certain facilities by private entities; to prescribe the powers and duties of certain other state departments and agencies; to provide for the creation of a local lockup advisory board; to prescribe penalties for the violation of the provisions of this act; to make certain appropriations; to repeal certain parts of this act on specific dates; and to repeal all acts and parts of acts inconsistent with the provisions of this act," (MCL 791.201 to 791.283) by adding section 69b.

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

Reps. Lemmons, Vaughn, Garza, Brewer, Clark, Hager, Clarke, Minore, Reeves, Thomas, Daniels, Brater, Price, Hale, Tesanovich, Scott, DeWeese and Jacobs introduced

House Bill No. 4948, entitled

A bill to amend 1991 PA 179, entitled "Michigan telecommunications act," by amending section 317 (MCL 484.2317), as added by 1995 PA 216.

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

Reps. Howell, Gilbert, Allen, DeVuyst, Caul, Kowall, Scranton, DeHart, Bishop, Garcia, Kuipers, Shackleton, Green, Patterson, Julian and Birkholz introduced

House Bill No. 4949, entitled

A bill to amend 1893 PA 206, entitled "The general property tax act," (MCL 211.1 to 211.157) by adding section 7gg.

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

Reps. Neumann, Thomas, Bovin, Lockwood, Brewer, Pestka, Schauer, Garza, Clark, Sheltrown, Gieleghem, Wojno, Dennis, DeHart, Daniels, Quarles and Frank introduced

House Bill No. 4950, entitled

A bill to amend 1975 PA 228, entitled "Single business tax act," (MCL 208.1 to 208.145) by adding section 39d.

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

Reps. Neumann, Bovin, Brewer, Gieleghem, Pestka, Schauer, Sheltrown, Dennis, Wojno, DeHart, Thomas, Daniels and Quarles introduced

House Bill No. 4951, entitled

A bill to designate the part of highway M-32 located between Ripley boulevard and Bagley street in the city of Alpena as the "Veterans Memorial Highway"; and to prescribe the duties of the state transportation department.

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

Reps. Lemmons, Baird, Jacobs, Hansen, Woodward, Hardman, Reeves, Dennis, Brater, Hale, Clark, Minore, Clarke, Martinez, Daniels and Thomas introduced

House Bill No. 4952, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 223 (MCL 750.223), as amended by 1992 PA 221.

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

Reps. Clark, Martinez, Garza, Reeves, Hardman, Hale, Lemmons, LaForge, Gieleghem, Brewer, Wojno, Hansen, Dennis, Woodward, Baird, Hanley, Vaughn, Lockwood, O'Neil, Jacobs, Schauer, Callahan, Spade, Clarke, Minore, Bogardus, Jamnick, Basham, Pestka, Rivet, Quarles, Kelly, Daniels, DeHart, Brater, Price, Tesanovich, Scott, Prusi, Rick Johnson, Allen, Thomas, Kilpatrick and Sheltrown introduced

House Bill No. 4953, entitled

A bill to regulate check cashing businesses; to provide for licensing and fees; to prescribe the powers and duties of certain state agencies and officials; and to provide for penalties.

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

Rep. Scranton introduced

House Bill No. 4954, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending section 30 (MCL 206.30), as amended by 1997 PA 86; and to repeal acts and parts of acts.

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

Rep. Scranton introduced

House Bill No. 4955, entitled

A bill to amend 1978 PA 368, entitled "The public health code," (MCL 333.1101 to 333.25211) by adding section 2222.

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

Reps. Switalski, Basham, Dennis, Gieleghem, Schauer, Garza, DeHart, O'Neil, Jacobs, Woodward, Callahan, Lockwood, Bogardus and Hardman introduced

House Bill No. 4956, entitled

A bill to amend 1972 PA 382, entitled "Traxler-McCauley-Law-Bowman bingo act," by amending sections 9 and 10 (MCL 432.109 and 432.110), as amended by 1999 PA 108.

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

Reps. Frank, Sheltrown, Pestka, O'Neil, Callahan, Lemmons, Spade, Neumann, Bovin, Brewer, Julian and Prusi introduced

House Bill No. 4957, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending section 30 (MCL 206.30), as amended by 1997 PA 86; and to repeal acts and parts of acts.

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

Reps. Law, Jacobs, O'Neil, DeHart, Hale and Richner introduced

House Bill No. 4958, entitled

A bill to amend 1998 PA 58, entitled "Michigan liquor control code of 1998," by amending section 515 (MCL 436.1515).

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

Reps. Geiger, Shackleton, Kukuk, Jellema, Shulman, Middaugh, Van Woerkom, Tesanovich, Jelinek, Caul, Clarke, Bishop, Bovin, Garcia, Julian, Mortimer and Birkholz introduced

House Bill No. 4959, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," (MCL 380.1 to 380.1852) by adding sections 15 and 602.

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

Rep. Kuipers moved that the House adjourn.

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

The Speaker Pro Tempore declared the House adjourned until Wednesday, October 6, at 2:00 p.m.

GARY L. RANDALL

Clerk of the House of Representatives.

Baird	Dennis	Lemmons	Rivet
Basham	Frank	Lockwood	Rocca
Bogardus	Garza	Mans	Schauer
Bovin	Gieleghem	Martinez	Schermesser
Brater	Hale	Minore	Sheltrown
Brewer	Hanley	Neumann	Spade
Brown, B.	Hansen	O'Neil	Stallworth
Callahan	Hardman	Pestka	Switalski
Cherry	Jacobs	Price	Tesanovich
Clark, I.	Jamnick	Prusi	Thomas
Clarke, H.	Kelly	Quarles	Vander Roest
Daniels	Kilpatrick	Reeves	Wojno
DeHart	LaForge	Richardville	Woodward

Allen	Geiger	Koetje	Raczkowski
Birkholz	Gilbert	Kowall	Richner
Bisbee	Godchaux	Kuipers	Sanborn
Bishop	Gosselin	Kukuk	Scranton
Bradstreet	Green	LaSata	Shackleton
Brown, C.	Hager	Law	Shulman
Byl	Hart	Mead	Stamas
Cassis	Howell	Middaugh	Tabor
Caul	Jansen	Mortimer	Toy
DeRossett	Jelinek	Pappageorge	Van Woerkom
DeVuyst	Jellema	Patterson	Vear
Ehardt	Johnson, Rick	Perricone	Voorhees
Faunce	Johnson, Ruth	Pumford	Woronchak

Allen	Garcia	Julian	Richardville
Birkholz	Geiger	Koetje	Richner
Bisbee	Gieleghem	Kowall	Sanborn
Bishop	Gilbert	Kuipers	Schauer
Bradstreet	Godchaux	Kukuk	Scranton
Brown, C.	Gosselin	LaSata	Shackleton
Byl	Green	Law	Shulman
Cassis	Hager	Mead	Stamas
Caul	Hart	Middaugh	Tabor
Cherry	Howell	O'Neil	Toy
DeRossett	Jansen	Patterson	Van Woerkom
DeVuyst	Jelinek	Perricone	Vear
Ehardt	Jellema	Pumford	Voorhees
Faunce	Johnson, Rick	Raczkowski	Woronchak