No. 37
STATE OF MICHIGAN
JOURNAL
OF THE
House of Representatives
90th Legislature
REGULAR SESSION OF 2000
House Chamber, Lansing, Thursday, April 27, 2000.
12:00 Noon.
The House was called to order by Associate Speaker Pro Tempore Scranton.
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--excused
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--present
Ehardt--present
Faunce--present
Frank--present
Garcia--present
Garza--present
Geiger--present
Gieleghem--present
Gilbert--present
Godchaux--present
Gosselin--present
Green--present
Hager--present
Hale--present
Hanley--present
Hansen--present
Hardman--present
Hart--present
Howell--present
Jacobs--present
Jamnick--present
Jansen--present
Jelinek--present
Jellema--present
Johnson, Rick--present
Johnson, Ruth--present
Julian--present
Kelly--present
Kilpatrick--present
Koetje--present
Kowall--present
Kuipers--present
Kukuk--present
LaForge--present
LaSata--present
Law--excused
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--excused
Raczkowski--present
Reeves--present
Richardville--present
Richner--present
Rison--present
Rivet--present
Rocca--present
Sanborn--present
Schauer--present
Schermesser--present
Scott--present
Scranton--present
Shackleton--present
Sheltrown--present
Shulman--present
Spade--present
Stallworth--excused
Stamas--present
Switalski--present
Tabor--present
Tesanovich--present
Thomas--present
Toy--present
Vander Roest--present
Van Woerkom--present
Vaughn--present
Vear--present
Voorhees--present
Wojno--present
Woodward--present
Woronchak--present
e/d/s = entered during session
Rep. A.T. Frank, from the 96th District, offered the following invocation:
"Father, as we begin the day deliberating the people's business, let us remember who we are here to represent and the work that we are to do to make our state a better place to live. Let us also remember, as we approach Workers Memorial Day, those that have died on the job. Let us remember them and their families and the service that they provided our state. Also, bless us today as we are here with our families, our daughters, our sons, our grandparents and our parents. Bless us as we begin the day today. Thank You, Amen."
______
Rep. Scott moved that Reps. Bovin, Quarles and Stallworth be excused from today's session.
The motion prevailed.
Rep. DeWeese moved that Rep. Law be excused from today's session.
The motion prevailed.
Rep. Vander Roest moved that Rep. Perricone be excused temporarily from today's session.
The motion prevailed.
Messages from the Senate
The Speaker laid before the House
House Bill No. 4712, entitled
A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending sections 916 and 2950b (MCL 600.916 and 600.2950b), section 2950b as amended by 1994 PA 403, and by adding section 2950c.
(The bill was received from the Senate on December 10, 1999, with amendments, title amendment and immediate effect given by the Senate, consideration of which, under the rules, was postponed until January 12, see House Journal No. 87 of 1999, p. 2576.)
The question being on concurring in the amendments made to the bill by the Senate,
Rep. Raczkowski moved to amend the Senate amendments as follows:
1. Amend Senate Amendment No. 1, page 2, following line 9, section 934, subsection (2), following subdivision (A), by striking out all of subdivision (B) and inserting:
"(B) "RESIDENT" INCLUDES, BUT IS NOT LIMITED TO, A MEMBER OF THE MILITARY SERVICE OF THE UNITED STATES OR ITS ALLIES WHO HOLDS A TEMPORARY VISA OR PERMANENT RESIDENT VISA ISSUED BY THE UNITED STATES IMMIGRATION AND NATURALIZATION SERVICE.".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
The question being on concurring in the Senate amendments, as amended,
The Senate amendments, as amended, were concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 308 Yeas--104
Allen Frank Koetje Rison
Baird Garcia Kowall Rivet
Basham Garza Kuipers Rocca
Birkholz Geiger Kukuk Sanborn
Bisbee Gieleghem LaForge Schauer
Bishop Gilbert LaSata Schermesser
Bogardus Godchaux Lemmons Scott
Bradstreet Gosselin Lockwood Scranton
Brater Green Mans Shackleton
Brewer Hager Martinez Sheltrown
Brown, B. Hale Mead Shulman
Brown, C. Hanley Middaugh Spade
Byl Hansen Minore Stamas
Callahan Hardman Mortimer Switalski
Cassis Hart Neumann Tabor
Caul Howell O'Neil Tesanovich
Cherry Jacobs Pappageorge Thomas
Clark, I. Jamnick Patterson Toy
Clarke, H. Jansen Pestka Van Woerkom
Daniels Jelinek Price Vander Roest
DeHart Jellema Prusi Vaughn
DeRossett Johnson, Rick Pumford Vear
DeVuyst Johnson, Ruth Raczkowski Voorhees
DeWeese Julian Reeves Wojno
Ehardt Kelly Richardville Woodward
Faunce Kilpatrick Richner Woronchak
Nays--0
In The Chair: Scranton
The House agreed to the title as amended.
Rep. Raczkowski moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Second Reading of Bills
House Bill No. 5592, entitled
A bill to amend 1913 PA 188, entitled "An act relating to the conduct of hotels, inns and public lodging houses," by repealing section 4 (MCL 427.4).
The bill was read a second time.
Rep. Vander Roest 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. 5592, entitled
A bill to amend 1913 PA 188, entitled "An act relating to the conduct of hotels, inns and public lodging houses," by repealing section 4 (MCL 427.4).
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 309 Yeas--105
Allen Frank Koetje Rison
Baird Garcia Kowall Rivet
Basham Garza Kuipers Rocca
Birkholz Geiger Kukuk Sanborn
Bisbee Gieleghem LaForge Schauer
Bishop Gilbert LaSata Schermesser
Bogardus Godchaux Lemmons Scott
Bradstreet Gosselin Lockwood Scranton
Brater Green Mans Shackleton
Brewer Hager Martinez Sheltrown
Brown, B. Hale Mead Shulman
Brown, C. Hanley Middaugh Spade
Byl Hansen Minore Stamas
Callahan Hardman Mortimer Switalski
Cassis Hart Neumann Tabor
Caul Howell O'Neil Tesanovich
Cherry Jacobs Pappageorge Thomas
Clark, I. Jamnick Patterson Toy
Clarke, H. Jansen Pestka Van Woerkom
Daniels Jelinek Price Vander Roest
DeHart Jellema Prusi Vaughn
Dennis Johnson, Rick Pumford Vear
DeRossett Johnson, Ruth Raczkowski Voorhees
DeVuyst Julian Reeves Wojno
DeWeese Kelly Richardville Woodward
Ehardt Kilpatrick Richner Woronchak
Faunce
Nays--0
In The Chair: Scranton
The House agreed to the title of the bill.
Rep. Raczkowski moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Second Reading of Bills
House Bill No. 5593, entitled
A bill to amend 1913 PA 188, entitled "An act relating to the conduct of hotels, inns and public lodging houses," by repealing section 5 (MCL 427.5).
The bill was read a second time.
Rep. Scranton 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. 5593, entitled
A bill to amend 1913 PA 188, entitled "An act relating to the conduct of hotels, inns and public lodging houses," by repealing section 5 (MCL 427.5).
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 310 Yeas--105
Allen Frank Koetje Rison
Baird Garcia Kowall Rivet
Basham Garza Kuipers Rocca
Birkholz Geiger Kukuk Sanborn
Bisbee Gieleghem LaForge Schauer
Bishop Gilbert LaSata Schermesser
Bogardus Godchaux Lemmons Scott
Bradstreet Gosselin Lockwood Scranton
Brater Green Mans Shackleton
Brewer Hager Martinez Sheltrown
Brown, B. Hale Mead Shulman
Brown, C. Hanley Middaugh Spade
Byl Hansen Minore Stamas
Callahan Hardman Mortimer Switalski
Cassis Hart Neumann Tabor
Caul Howell O'Neil Tesanovich
Cherry Jacobs Pappageorge Thomas
Clark, I. Jamnick Patterson Toy
Clarke, H. Jansen Pestka Van Woerkom
Daniels Jelinek Price Vander Roest
DeHart Jellema Prusi Vaughn
Dennis Johnson, Rick Pumford Vear
DeRossett Johnson, Ruth Raczkowski Voorhees
DeVuyst Julian Reeves Wojno
DeWeese Kelly Richardville Woodward
Ehardt Kilpatrick Richner Woronchak
Faunce
Nays--0
In The Chair: Scranton
The House agreed to the title of the bill.
Rep. Raczkowski moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Second Reading of Bills
Senate Bill No. 1088, entitled
A bill to amend 1913 PA 188, entitled "An act relating to the conduct of hotels, inns and public lodging houses," by repealing section 6 (MCL 427.6).
The bill was read a second time.
Rep. Raczkowski moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed, a majority of the members voting therefor.
Rep. Raczkowski moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the House returned to the order of
Third Reading of Bills
Senate Bill No. 1088, entitled
A bill to amend 1913 PA 188, entitled "An act relating to the conduct of hotels, inns and public lodging houses," by repealing section 6 (MCL 427.6).
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 311 Yeas--104
Allen Faunce Koetje Rison
Baird Frank Kowall Rivet
Basham Garcia Kuipers Rocca
Birkholz Geiger Kukuk Sanborn
Bisbee Gieleghem LaForge Schauer
Bishop Gilbert LaSata Schermesser
Bogardus Godchaux Lemmons Scott
Bradstreet Gosselin Lockwood Scranton
Brater Green Mans Shackleton
Brewer Hager Martinez Sheltrown
Brown, B. Hale Mead Shulman
Brown, C. Hanley Middaugh Spade
Byl Hansen Minore Stamas
Callahan Hardman Mortimer Switalski
Cassis Hart Neumann Tabor
Caul Howell O'Neil Tesanovich
Cherry Jacobs Pappageorge Thomas
Clark, I. Jamnick Patterson Toy
Clarke, H. Jansen Pestka Van Woerkom
Daniels Jelinek Price Vander Roest
DeHart Jellema Prusi Vaughn
Dennis Johnson, Rick Pumford Vear
DeRossett Johnson, Ruth Raczkowski Voorhees
DeVuyst Julian Reeves Wojno
DeWeese Kelly Richardville Woodward
Ehardt Kilpatrick Richner Woronchak
Nays--0
In The Chair: Scranton
The House agreed to the title of the bill.
Rep. Raczkowski moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Second Reading of Bills
Senate Bill No. 1089, entitled
A bill to amend 1913 PA 188, entitled "An act relating to the conduct of hotels, inns and public lodging houses," by repealing section 8 (MCL 427.8).
The bill was read a second time.
Rep. Middaugh 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. Middaugh moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the House returned to the order of
Third Reading of Bills
Senate Bill No. 1089, entitled
A bill to amend 1913 PA 188, entitled "An act relating to the conduct of hotels, inns and public lodging houses," by repealing section 8 (MCL 427.8).
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 312 Yeas--103
Allen Frank Kowall Rivet
Baird Garcia Kuipers Rocca
Basham Garza Kukuk Sanborn
Birkholz Geiger LaForge Schauer
Bisbee Gieleghem LaSata Schermesser
Bishop Gilbert Lemmons Scott
Bradstreet Godchaux Lockwood Scranton
Brater Gosselin Mans Shackleton
Brewer Green Martinez Sheltrown
Brown, B. Hager Mead Shulman
Brown, C. Hale Middaugh Spade
Byl Hanley Minore Stamas
Callahan Hansen Mortimer Switalski
Cassis Hardman Neumann Tabor
Caul Hart O'Neil Tesanovich
Cherry Howell Pappageorge Thomas
Clark, I. Jacobs Patterson Toy
Clarke, H. Jamnick Pestka Van Woerkom
Daniels Jansen Price Vander Roest
DeHart Jelinek Prusi Vaughn
Dennis Jellema Pumford Vear
DeRossett Johnson, Rick Raczkowski Voorhees
DeVuyst Johnson, Ruth Reeves Wojno
DeWeese Julian Richardville Woodward
Ehardt Kelly Richner Woronchak
Faunce Koetje Rison
Nays--0
In The Chair: Scranton
The House agreed to the title of the bill.
Rep. Raczkowski moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
______
Rep. Garcia moved that Rep. Ehardt be excused temporarily from today's session.
The motion prevailed.
Second Reading of Bills
House Bill No. 5139, entitled
A bill to amend 1954 PA 116, entitled "Michigan election law," by amending sections 14a, 24j, 666a, 669, 805, and 871 (MCL 168.14a, 168.24j, 168.666a, 168.669, 168.805, and 168.871), sections 14a and 805 as amended by 1995 PA 261 and section 871 as amended by 1996 PA 583.
Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Constitutional Law and Ethics,
The substitute (H-2) was not adopted, a majority of the members serving not voting therefor.
Rep. Kukuk moved to substitute (H-3) the bill.
The motion prevailed and the substitute (H-3) was adopted, a majority of the members serving voting therefor.
Rep. Basham moved to amend the bill as follows:
1. Amend page 5, following line 2, by inserting:
"Sec. 744. (1) An election inspector or any other person in the polling room or in a compartment connected to the polling room or within 100 50 feet from any entrance to the building in which the polling place is located shall not persuade or endeavor to persuade a person to vote for or against any particular candidate or party ticket, or for or against any ballot question that is being voted on at the election. A person shall not place or distribute stickers, other than stickers provided by the election officials pursuant to law, in the polling room or in a compartment connected to the polling room or within 100 50 feet from any entrance to the building in which the polling place is located.
(2) A person shall not solicit donations, gifts, contributions, purchase of tickets, or similar demands, or request or obtain signatures on petitions in the polling room or in a compartment connected to the polling room or within 100 50 feet from any entrance to the building in which the polling place is located.
(3) On election day, a person shall not post, display, or distribute in a polling place, in any hallway used by voters to enter or exit a polling place, or within 100 50 feet of an entrance to a building in which a polling place is located any material that directly or indirectly makes reference to an election, a candidate, or a ballot question. This subsection does not apply to official material that is required by law to be posted, displayed, or distributed in a polling place on election day.
(4) A person who violates this section is guilty of a misdemeanor.".
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. 313 Yeas--39
Basham Garza LaForge Rivet
Bogardus Gieleghem Lemmons Rocca
Brewer Green Lockwood Schermesser
Brown, B. Hale Mans Scott
Cherry Hanley Minore Sheltrown
Clarke, H. Hansen O'Neil Switalski
Daniels Hardman Price Thomas
DeHart Jacobs Prusi Vaughn
Dennis Kelly Reeves Woodward
DeRossett Kilpatrick Rison
Nays--61
Allen Gilbert Kuipers Sanborn
Birkholz Godchaux Kukuk Schauer
Bisbee Gosselin LaSata Scranton
Bishop Hager Martinez Shackleton
Bradstreet Hart Mead Shulman
Brater Howell Middaugh Spade
Brown, C. Jamnick Mortimer Stamas
Byl Jansen Neumann Tabor
Cassis Jelinek Pappageorge Tesanovich
Caul Jellema Patterson Toy
DeVuyst Johnson, Rick Pestka Van Woerkom
DeWeese Johnson, Ruth Pumford Vander Roest
Faunce Julian Raczkowski Vear
Frank Koetje Richardville Voorhees
Garcia Kowall Richner Woronchak
Geiger
In The Chair: Scranton
Rep. Kukuk 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. 5139, entitled
A bill to amend 1954 PA 116, entitled "Michigan election law," by amending sections 14a, 24j, 666a, 669, 805, and 871 (MCL 168.14a, 168.24j, 168.666a, 168.669, 168.805, and 168.871), sections 14a and 805 as amended by 1995 PA 261 and section 871 as amended by 1996 PA 583.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 314 Yeas--102
Allen Garcia Kuipers Rivet
Basham Garza Kukuk Rocca
Birkholz Gieleghem LaForge Sanborn
Bisbee Gilbert LaSata Schauer
Bishop Godchaux Lemmons Schermesser
Bogardus Gosselin Lockwood Scott
Bradstreet Green Mans Scranton
Brater Hager Martinez Shackleton
Brewer Hale Mead Sheltrown
Brown, B. Hanley Middaugh Shulman
Brown, C. Hansen Minore Spade
Byl Hardman Mortimer Stamas
Callahan Hart Neumann Switalski
Cassis Howell O'Neil Tabor
Caul Jacobs Pappageorge Tesanovich
Cherry Jamnick Patterson Thomas
Clark, I. Jansen Pestka Toy
Clarke, H. Jelinek Price Van Woerkom
DeHart Jellema Prusi Vander Roest
Dennis Johnson, Rick Pumford Vaughn
DeRossett Johnson, Ruth Raczkowski Vear
DeVuyst Julian Reeves Voorhees
DeWeese Kelly Richardville Wojno
Ehardt Kilpatrick Richner Woodward
Faunce Koetje Rison Woronchak
Frank Kowall
Nays--0
In The Chair: Scranton
The House agreed to the title of the bill.
Rep. Raczkowski moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
By unanimous consent the House returned to the order of
Messages from the Senate
The Speaker laid before the House
House Bill No. 5443, entitled
A bill to amend 1995 PA 24, entitled "Michigan economic growth authority act," by amending the title and sections 3, 6, 7, and 8 (MCL 207.803, 207.806, 207.807, and 207.808) and by adding section 7a.
(The bill was received from the Senate on April 11 with substitute (S-2), title amendment and immediate effect given by the Senate, consideration of which, under the rules, was postponed until April 12, see House Journal No. 29, p. 618.)
The question being on concurring in the substitute (S-2) made to the bill by the Senate,
Rep. Garcia moved to amend the Senate substitute (S-2) as follows:
1. Amend page 2, line 15, after "(G)" by striking out the balance of the subdivision and inserting "AND THAT IS NOT USED BY A PROFESSIONAL SPORTS TEAM ON THE DATE THAT AN APPLICATION RELATED TO THAT PROFESSIONAL SPORTS STADIUM IS FILED UNDER SECTION 8.".
2. Amend page 5, line 4, after "DEVELOPMENT" by inserting "IN THE TAX YEAR IN WHICH THE BUSINESS FILES AN APPLICATION UNDER THIS ACT".
3. Amend page 5, line 6, after "AUTHORITY" by inserting "FOR EACH OF THE FIRST 3 YEARS THAT THE BUSINESS CLAIMS A CREDIT UNDER THIS ACT".
4. Amend page 5, line 7, after "WHOSE" by striking out the balance of the line and inserting "PRIMARY BUSINESS ACTIVITY IS".
5. Amend page 6, line 22, by striking out "38G" and inserting "38G(3)".
6. Amend page 6, line 24, after "SECTION" by striking out "38G" and inserting "38G(3)".
7. Amend page 6, line 25, after "LISTING OF THE" by striking out "CREDITS" and inserting "PROJECTS".
8. Amend page 6, line 25, after "AMOUNT OF" by striking out "CREDITS APPROVED AND CREDITS CLAIMED" and inserting "ELIGIBLE INVESTMENT APPROVED".
9. Amend page 10, following line 13, by inserting:
"(M) IF THE ELIGIBLE BUSINESS IS A QUALIFIED HIGH-TECHNOLOGY BUSINESS, THE ELIGIBLE BUSINESS AGREES THAT 25% OF THE TOTAL OPERATING EXPENSES OF THE BUSINESS WILL BE MAINTAINED FOR RESEARCH AND DEVELOPMENT FOR THE FIRST 3 YEARS OF THE WRITTEN AGREEMENT.".
10. Amend page 14, line 8, after "AND" by striking out "38G" and inserting "38G(19) TO (24)".
The question being on the adoption of the amendments offered by Rep. Garcia,
Rep. Garcia moved that the amendment No. 3 be considered separately.
The motion prevailed.
The question being on the adoption of amendment No. 3 offered by Rep. Garcia,
Rep. Garcia withdrew the amendment.
The question being on the adoption of amendment Nos. 1-2 and 4-10 offered by Rep. Garcia,
The amendments were adopted, a majority of the members serving voting therefor.
The question being on concurring in the Senate substitute (S-2), as amended,
The Senate substitute (S-2), as amended, was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 315 Yeas--104
Allen Frank Koetje Rison
Basham Garcia Kowall Rivet
Birkholz Garza Kuipers Rocca
Bisbee Geiger Kukuk Sanborn
Bishop Gieleghem LaForge Schauer
Bogardus Gilbert LaSata Schermesser
Bradstreet Godchaux Lemmons Scott
Brater Gosselin Lockwood Scranton
Brewer Green Mans Shackleton
Brown, B. Hager Martinez Sheltrown
Brown, C. Hale Mead Shulman
Byl Hanley Middaugh Spade
Callahan Hansen Minore Stamas
Cassis Hardman Mortimer Switalski
Caul Hart Neumann Tabor
Cherry Howell O'Neil Tesanovich
Clark, I. Jacobs Pappageorge Thomas
Clarke, H. Jamnick Patterson Toy
Daniels Jansen Pestka Van Woerkom
DeHart Jelinek Price Vander Roest
Dennis Jellema Prusi Vaughn
DeRossett Johnson, Rick Pumford Vear
DeVuyst Johnson, Ruth Raczkowski Voorhees
DeWeese Julian Reeves Wojno
Ehardt Kelly Richardville Woodward
Faunce Kilpatrick Richner Woronchak
Nays--0
In The Chair: Scranton
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.
The Speaker laid before the House
House Bill No. 5444, entitled
A bill to provide for the establishment of obsolete property rehabilitation districts in certain 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 certain local government officials; and to provide penalties.
(The bill was received from the Senate on April 11 with substitute (S-2) and immediate effect given by the Senate, consideration of which, under the rules, was postponed until April 12, see House Journal No. 29, p. 619.)
The question being on concurring in the substitute (S-2) made to the bill by the Senate,
Rep. Tesanovich moved to amend the bill as follows:
1. Amend page 6, following line 4, by inserting:
"(vi) A city or a township that meets all of the following:
(A) Is located in a county with a population of more than 8,000 and less than 9,000 according to the 1990 federal decennial census.
(B) Has lost 10% or more of its population since the 1990 Federal decennial census.".
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Garcia moved to amend the bill as follows:
1. Amend page 4, line 8, after "section" by striking out "1411(u)(ii)" and inserting "11(u)(ii) and (iii)".
2. Amend page 5, line 3, after "section" by striking out "1411(u)(ii)" and inserting "11(u)(ii)".
3. Amend page 5, line 20, after "tion" by striking out "1411(u)(ii)(B)" and inserting "11(u)(ii)(B)".
4. Amend page 5, line 22, by striking out all of subparagraph (v).
5. Amend page 19, following line 27, by inserting:
"Sec. 17. (1) Within 60 days after the granting of an obsolete property rehabilitation exemption certificate under section 6 for a rehabilitated facility, the state treasurer may, for a period not to exceed 6 years, exclude up to 1/2 of the number of mills levied for school operating purposes under the revised school code, 1976 PA 451, MCL 380.1 to 380.1852, and under the state education tax act, 1993 PA 331, MCL 211.901 to 211.906, from the specific tax calculation on the facility under section 10(2)(b) if the state treasurer determines that reducing the number of mills used to calculate the specific tax under section 10(2)(b) is necessary to reduce unemployment, promote economic growth, and increase capital investment in qualified local governmental units.
(2) The state treasurer shall not grant more than 25 exclusions under this section each year.".
The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.
The question being on concurring in the Senate substitute (S-2), as amended,
The Senate substitute (S-2), as amended, was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 316 Yeas--104
Allen Frank Koetje Rison
Basham Garcia Kowall Rivet
Birkholz Garza Kuipers Rocca
Bisbee Geiger Kukuk Sanborn
Bishop Gieleghem LaForge Schauer
Bogardus Gilbert LaSata Schermesser
Bradstreet Godchaux Lemmons Scott
Brater Gosselin Lockwood Scranton
Brewer Green Mans Shackleton
Brown, B. Hager Martinez Sheltrown
Brown, C. Hale Mead Shulman
Byl Hanley Middaugh Spade
Callahan Hansen Minore Stamas
Cassis Hardman Mortimer Switalski
Caul Hart Neumann Tabor
Cherry Howell O'Neil Tesanovich
Clark, I. Jacobs Pappageorge Thomas
Clarke, H. Jamnick Patterson Toy
Daniels Jansen Pestka Van Woerkom
DeHart Jelinek Price Vander Roest
Dennis Jellema Prusi Vaughn
DeRossett Johnson, Rick Pumford Vear
DeVuyst Johnson, Ruth Raczkowski Voorhees
DeWeese Julian Reeves Wojno
Ehardt Kelly Richardville Woodward
Faunce Kilpatrick Richner Woronchak
Nays--0
In The Chair: Scranton
Second Reading of Bills
Senate Bill No. 269, entitled
A bill to amend 1975 PA 228, entitled "Single business tax act," (MCL 208.1 to 208.145) by adding section 38g.
Was read a second time, and the question being on the adoption of the proposed substitute (H-2)* previously recommended by the Committee on Economic Development,
The substitute (H-2)* was adopted, a majority of the members serving voting therefor.
Rep. Sheltrown moved to amend the bill as follows:
1. Amend page 6, line 16, after "PLAN." by inserting "FOR PURPOSES OF THIS SUBDIVISION, A FACILITY INCLUDES A BUILDING OR COMPLEX OF BUILDINGS THAT WAS USED BY A STATE OR FEDERAL AGENCY AND THAT IS NO LONGER BEING USED FOR THE PURPOSE FOR WHICH IT WAS USED BY THE STATE OR FEDERAL AGENCY.".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Basham moved to amend the bill as follows:
1. Amend page 18, following line 12, by inserting:
"(28) ELIGIBLE INVESTMENT ATTRIBUTABLE OR RELATED TO A MULTISOURCE COMMERCIAL HAZARDOUS WASTE DISPOSAL WELL SHALL NOT BE USED AS A BASIS FOR A CREDIT UNDER SUBSECTION (2) OR (3). AS USED IN THIS SUBSECTION, "MULTISOURCE COMMERCIAL HAZARDOUS WASTE DISPOSAL WELL" MEANS THAT TERM AS DEFINED IN SECTION 62506A OF THE NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION ACT, 1994 PA 451, MCL 324.62506A." and renumbering the remaining subsections.
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Mans moved to amend the bill as follows:
1. Amend page 18, following line 12, following subsection (29), by inserting:
"(29) ELIGIBLE INVESTMENT ATTRIBUTABLE OR RELATED TO THE CONSTRUCTION OF A NEW LANDFILL OR EXPANSION OF AN EXISTING LANDFILL REGULATED UNDER PART 115 OF THE NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION ACT, 1994 PA 451, MCL 324.11501 TO 324.11550, SHALL NOT BE USED AS A BASIS FOR A CREDIT UNDER SUBSECTION (2) OR (3)." and renumbering the remaining subsections.
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Richardville moved to amend the bill as follows:
1. Amend page 7, following line 13, by inserting:
"(C) WHETHER THE PROJECT WILL SIGNIFICANTLY IMPROVE REDEVELOPMENT OF RESIDENTIAL OR HOUSING AREAS." and relettering the remaining subdivisions.
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Garcia moved to reconsider the vote by which the House did not adopt the amendment.
The motion prevailed, a majority of the members present voting therefor.
The question being on the adoption of the amendment offered by Rep. Richardville,
The amendment was adopted, a majority of the members serving voting therefor.
Rep. Raczkowski moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed, a majority of the members voting therefor.
Rep. Raczkowski moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
______
Rep. Prusi moved that Rep. Tesanovich be excused from the balance of today's session.
The motion prevailed.
Rep. Thomas moved that Rep. Schermesser be excused from the balance of today's session.
The motion prevailed.
By unanimous consent the House returned to the order of
Third Reading of Bills
Senate Bill No. 269, entitled
A bill to amend 1975 PA 228, entitled "Single business tax act," (MCL 208.1 to 208.145) by adding section 38g.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 317 Yeas--101
Allen Frank Koetje Richner
Basham Garcia Kowall Rison
Birkholz Garza Kuipers Rivet
Bisbee Gieleghem Kukuk Rocca
Bishop Gilbert LaForge Sanborn
Bogardus Godchaux LaSata Schauer
Bradstreet Gosselin Lemmons Scott
Brater Green Lockwood Scranton
Brewer Hager Mans Shackleton
Brown, B. Hale Martinez Sheltrown
Brown, C. Hanley Mead Shulman
Byl Hansen Middaugh Spade
Callahan Hardman Minore Stamas
Cassis Hart Mortimer Switalski
Caul Howell Neumann Tabor
Cherry Jacobs O'Neil Thomas
Clark, I. Jamnick Pappageorge Toy
Clarke, H. Jansen Patterson Van Woerkom
Daniels Jelinek Pestka Vander Roest
DeHart Jellema Price Vaughn
Dennis Johnson, Rick Prusi Vear
DeRossett Johnson, Ruth Pumford Voorhees
DeVuyst Julian Raczkowski Wojno
DeWeese Kelly Reeves Woodward
Ehardt Kilpatrick Richardville Woronchak
Faunce
Nays--0
In The Chair: Scranton
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
"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,".
The House agreed to the full title.
By unanimous consent the House returned to the order of
Messages from the Senate
The Speaker laid before the House
House Bill No. 4400, entitled
A bill to amend 1996 PA 381, entitled "Brownfield redevelopment financing act," by amending sections 2, 3, 4, 5, 8, 13, 15, 16, and 19 (MCL 125.2652, 125.2653, 125.2654, 125.2655, 125.2658, 125.2663, 125.2665, 125.2666, and 125.2669).
(The bill was received from the Senate on April 11 with substitute (S-3), title amendment and immediate effect given by the Senate, consideration of which, under the rules, was postponed until April 12, see House Journal No. 29, p. 616.)
The question being on concurring in the substitute (S-3) made to the bill by the Senate,
Rep. Garcia moved to amend the Senate substitute (S-3) as follows:
1. Amend page 2, line 21, after "STATE." by inserting "THE SALE, LEASE, OR TRANSFER OF TAX REVERTED PROPERTY BY A QUALIFIED LOCAL GOVERNMENTAL UNIT OR THIS STATE AFTER THE PROPERTY'S INCLUSION IN A BROWNFIELD PLAN SHALL NOT RESULT IN THE LOSS TO THE PROPERTY OF THE STATUS AS BLIGHTED PROPERTY FOR PURPOSES OF THIS ACT.".
2. Amend page 4, following line 14, following subparagraph (v), by inserting:
"(vi) REASONABLE AND ACTUAL OPERATING EXPENSES INCURRED BY AN AUTHORITY OR A MUNICIPALITY ON BEHALF OF AN AUTHORITY, NOT TO EXCEED $75,000.00 ANNUALLY THAT ARE NOT PART OF THE REASONABLE COSTS OF PREPARING A WORK PLAN OR REMEDIAL ACTION PLAN OR THE COST OF THE REVIEW OF A WORK PLAN FOR WHICH TAXES MAY BE USED UNDER SECTION 13.".
3. Amend page 7, line 9, after "county" by striking out the balance of the subparagraph and inserting a period.
4. Amend page 10, line 1, after "means" by inserting a comma and "FOR AN AUTHORITY ESTABLISHED BEFORE THE EFFECTIVE DATE OF THE AMENDATORY ACT THAT ADDED SUBDIVISION (R),".
5. Amend page 10, line 4, after "authorities." by striking out "An" and inserting "EXCEPT AS PROVIDED IN SUBSECTION (4), AN".
6. Amend page 10, line 6, after "ZONES." by inserting "EXCEPT AS PROVIDED IN SUBSECTION (4),".
7. Amend page 10, following line 22, by inserting:
"(4) AN AUTHORITY ESTABLISHED BY A COUNTY SHALL EXERCISE ITS POWERS WITH RESPECT TO ELIGIBLE PROPERTY WITHIN A CITY, VILLAGE, OR TOWNSHIP WITHIN THE COUNTY ONLY IF THAT CITY, VILLAGE, OR TOWNSHIP HAS CONCURRED WITH THE PROVISIONS OF A BROWNFIELD PLAN THAT APPLY TO THAT ELIGIBLE PROPERTY WITHIN THE CITY, VILLAGE, OR TOWNSHIP." and renumbering the remaining subsection.
8. Amend page 10, line 23, after the first "A" by striking out "QUALIFIED LOCAL GOVERNMENTAL UNIT" and inserting "CITY, VILLAGE, OR TOWNSHIP INCLUDING A CITY, VILLAGE, OR TOWNSHIP THAT IS A QUALIFIED LOCAL GOVERNMENTAL UNIT".
9. Amend page 10, line 24, after "WHICH" by striking out the balance of the line through "UNIT" on line 25 and inserting "THAT CITY, VILLAGE, OR TOWNSHIP".
10. Amend page 10, line 26, by striking out "THE QUALIFIED LOCAL GOVERNMENTAL UNIT" and inserting "THAT SPECIFIC CITY, VILLAGE, OR TOWNSHIP".
11. Amend page 22, line 12, after "in" by striking out "SUBSECTIONS (5) AND (16)" and inserting "subsection (5)".
12. Amend page 28, following line 12, by striking out all of subsection (16).
13. Amend page 29, line 14, after "PLAN" by striking out the balance of the subdivision and inserting a period.
14. Amend page 29, line 19, after "TAXES" by striking out the balance of the subdivision and inserting "LEVIED FOR SCHOOL OPERATING PURPOSES CAPTURED FROM ELIGIBLE PROPERTY TO PAY FOR ELIGIBLE ACTIVITIES DESCRIBED IN SECTION 2(L)(vi).".
15. Amend page 38, line 10, after "THE" by striking out the balance of the line through "13(15)" on line 11 and inserting "DEPARTMENT OR THE MICHIGAN ECONOMIC GROWTH AUTHORITY AND THAT ARE NOT DEPOSITED IN A LOCAL SITE REMEDIATION REVOLVING FUND".
The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.
Rep. Raczkowski moved to amend the Senate substitute (S-3) as follows:
1. Amend page 29, line 14, after "PLAN." by inserting "THAT TAXES OTHER THAN TAXES LEVIED FOR SCHOOL OPERATING PURPOSES MAY BE USED FOR ANY OF THE FOLLOWING:
(i) COSTS INVOLVED IN THE PREPARATION OF A WORK PLAN OR REMEDIAL ACTION PLAN, INCLUDING BASELINE ENVIRONMENTAL ASSESSMENTS.
(ii) DUE CARE ACTIVITIES THAT OCCURRED NOT MORE THAN 1 YEAR PRIOR TO THE ADOPTION OF A BROWNFIELD PLAN.
(iii) ELIGIBLE ACTIVITIES DESCRIBED IN SECTION 2(L)(vi) THAT OCCURRED NOT MORE THAN 180 DAYS PRIOR TO THE ADOPTION OF A BROWNFIELD PLAN.".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
The question being on concurring in the Senate substitute (S-3), as amended,
The Senate substitute (S-3), as amended, was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 318 Yeas--101
Allen Frank Kilpatrick Richner
Basham Garcia Koetje Rison
Birkholz Garza Kowall Rivet
Bisbee Geiger Kuipers Rocca
Bishop Gieleghem Kukuk Sanborn
Bogardus Gilbert LaForge Schauer
Bradstreet Godchaux LaSata Scott
Brater Gosselin Lemmons Scranton
Brewer Green Lockwood Shackleton
Brown, B. Hager Mans Sheltrown
Brown, C. Hale Martinez Shulman
Byl Hanley Mead Spade
Callahan Hansen Middaugh Stamas
Cassis Hardman Mortimer Switalski
Caul Hart Neumann Tabor
Cherry Howell O'Neil Thomas
Clark, I. Jacobs Pappageorge Toy
Clarke, H. Jamnick Patterson Van Woerkom
Daniels Jansen Pestka Vander Roest
DeHart Jelinek Price Vaughn
Dennis Jellema Prusi Vear
DeRossett Johnson, Rick Pumford Voorhees
DeVuyst Johnson, Ruth Raczkowski Wojno
DeWeese Julian Reeves Woodward
Ehardt Kelly Richardville Woronchak
Faunce
Nays--0
In The Chair: Scranton
The House agreed to the title as amended.
______
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. Rocca, Ruth Johnson, LaForge, Faunce, Voorhees, Toy, Caul, Wojno, Hardman, Gieleghem, DeWeese, Hale, Price, Stallworth, Gosselin, Hansen, Spade, Cherry, LaSata, Hanley, Neumann, Tesanovich, Kelly, Prusi, Bishop, Vander Roest, Kowall, Richardville, Scott, Howell, Raczkowski, Hager, Garcia, DeRossett, Ehardt, Switalski, Baird, Vear, Bogardus, DeHart, Brater, Koetje, Kilpatrick, Pappageorge, Sanborn, Dennis, Jamnick, Jacobs, Woodward, Minore, Lemmons, Clarke, Kukuk, Birkholz, Allen and Thomas offered the following resolution:
House Resolution No. 335.
A resolution honoring the 28th anniversary of the Philippine Nurses Association of Michigan.
Whereas, We are proud to join with the members and officers of the Philippine Nurses Association of Michigan, their families, and friends as they gather to mark the 28th anniversary of this outstanding organization. This milestone is a reflection of unselfishness and commitment to the common good that is most commendable. While the members of this distinguished organization celebrate 28 years of service, we offer our thanks for the contributions they have made within Southeast Michigan and throughout the entire state; and
Whereas, Since they first came together in 1972, the Philippine Nurses Association of Michigan has adapted to changes in society, membership, and expectations. This ability to grow and change has demonstrated that members have maintained their mission of service to others, innovations in health care, and the unity of the membership; and
Whereas, The tremendous growth of its membership accurately reflects the success of this organization. These concerned citizens have truly made a difference and their professional and civic involvement will continue to enrich our state far into the twenty-first century; and
Whereas, Due to the endeavors of the members who have channeled their efforts through this organization, the Philippine Nurses Association of Michigan have touched many lives in our community and our state; and
Whereas, It is with great pride and gratitude that we welcome this opportunity to salute the many merits, both large and small, in which nurses have given their time and energy to help whenever the need arose. Today, many of the faces and names may be different from the members who first came together in 1972 to share their dreams and unite in their efforts to impact on the community in a positive way, yet their purpose is just as noble and their contributions are just as valuable; and
Whereas, With ceremonies to celebrate its history, the members, families, and friends of the Philippine Nurses Association will remember the vision of many people and the hours and years of commitment that have brought the group to this point. Fittingly, as they look to the past, they will also be casting an eye to the future and to the many ways in which the Philippine Nurses Association will continue their excellence in nursing and service to others; and
Whereas, The objectives of the Philippine Nurses Association of Michigan are the foundations for superb medical care. They are:
TO...Uphold and elevate the standards of the nursing profession through practice, education and research.
TO...Unite Filipino nurses and strengthen their common bond with other groups or organizations.
TO...Assist its members in adjusting to their role and responsibilities in the American society.
TO...Coordinate activities of the Association with other national and international nursing or health allied organizations.
; now, therefore, be it
Resolved by the House of Representatives, That the members of this legislative body commemorate the 28th anniversary of the Philippine Nurses Association of Michigan. We commend everyone who has contributed to its success and thank them for the manner in which their members have strengthened Michigan; and be it further
Resolved, That a copy of this resolution be transmitted to the Philippine Nurses Association of Michigan in commemoration of their 28th anniversary.
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. LaForge, Vander Roest, Hansen, Spade, Cherry, Hanley, Neumann, Martinez, Tesanovich, Kelly, Hale, Prusi, Bishop, Faunce, Scott, Howell, Garcia, DeRossett, Ehardt, Switalski, Baird, Vear, Bogardus, DeHart, Gieleghem, Brater, Schauer, Rivet, Kilpatrick, Pappageorge, Dennis, Jamnick, Jacobs, Woodward, Minore, Lemmons, Clarke, Birkholz, Allen, Hardman and Thomas offered the following resolution:
House Resolution No. 336.
A resolution to commend Matthew Weaver of Kalamazoo.
Whereas, The House of Representatives is pleased to join with the Kalamazoo community and Kalamazoo County Head Start in saluting Matthew Weaver for the generous donation of his birthday gifts to the children enrolled in the Kalamazoo County Head Start program. It is only fitting that this young man, who is six-years old, be recognized for his act of kindness to help homeless children in the community; and
Whereas, Matthew Weaver sent out birthday invitations and informed all of his party guests that the gifts would be donated to charity. The gifts which he received included clothes, hats, mittens, shoes, books, and electronic games. After the party, he and his mother took the presents to the Head Start office where they will be distributed to homeless families as they move into stable housing; and
Whereas, Matthew Weaver has demonstrated an unselfish and giving spirit far beyond his years and has set an example for his peers and the entire Kalamazoo community of caring and helping those in need; now, therefore, be it
Resolved by the House of Representatives, That this legislative body commends Matthew Weaver for his generosity in helping needy children; and be it further
Resolved, That a copy of this resolution be transmitted to Matthew Weaver as a reflection of our admiration.
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. LaForge, Vander Roest, Hansen, Spade, Cherry, Hanley, Neumann, Martinez, Tesanovich, Kelly, Hale, Prusi, Bishop, Faunce, Scott, Howell, Garcia, DeRossett, Ehardt, Switalski, Baird, Vear, Bogardus, DeHart, Gieleghem, Brater, Schauer, Rivet, Kilpatrick, Pappageorge, Dennis, Jamnick, Jacobs, Woodward, Minore, Lemmons, Clarke, Birkholz, Allen, Hardman and Thomas offered the following resolution:
House Resolution No. 337.
A resolution to commend Jessica Manns of Kalamazoo.
Whereas, The House of Representatives is pleased to join with the Kalamazoo County Community Action Agency and the family and friends of Jessica Manns in saluting her for her hard work and diligent efforts in meeting the continual demands of family, work, and everyday living; and
Whereas, Times and circumstances often presented extraordinary challenges for this young mother, but she has persevered and provides a loving home and stable environment for her four children - Quincy, Roscoe, Jerry, and Aleah; and
Whereas, Jessica Manns exhibits leadership and excellent organizational skills in her job as a Vista worker through the Family Independence Agency with the Kalamazoo Head Start program. She has also been chosen to serve on the Head Start Policy Council as the state representative for Kalamazoo county; and
Whereas, Jessica Manns has been actively involved with the Kalamazoo Head Start program for the past six years. She is now responsible for organizing volunteers to contribute time and resources and also participates in staff meetings to provide insight from her roles as a parent and staff member. Determined and straight-forward, Jessica shows great compassion for people and is willing to go the extra mile if needed; now, therefore, be it`
Resolved by the House of Representatives, That this legislative body commends Jessica Manns and that a copy of this resolution be transmitted to Jessica Manns as a reflection of our admiration.
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. Hanley, Hansen, Spade, Cherry, LaSata, Neumann, Pestka, LaForge, Martinez, Tesanovich, Kelly, Hale, Prusi, Bishop, Vander Roest, Faunce, Richardville, Scott, Raczkowski, Voorhees, Garcia, DeRossett, Ehardt, Switalski, Baird, Shulman, Bogardus, DeHart, Gieleghem, Brater, Schauer, Rivet, Kilpatrick, Pappageorge, Jellema, Sanborn, Dennis, Jamnick, Jacobs, Woodward, Minore, Lockwood, Lemmons, Clarke, Birkholz, Allen and Thomas offered the following resolution:
House Resolution No. 338.
A resolution remembering the Holocaust in the 21st Century.
Whereas, It is with a deep sense of respect for the memory of the millions of men, women, and children who perished during the genocide by the Nazis and for the men and women who have been touched by this horror throughout their lives that we offer this expression of tribute; and
Whereas, We also honor the valor of non-Jews who fought against tyranny and evil and those who exposed themselves and their families to danger while saving many Jews from concentration camps and death; and
Whereas, Many decades have passed since the Holocaust came to an end, yet the trauma of this horrible event is still experienced by all who survived. Their numbers dwindle with each passing year and it is up to others to keep the world aware. The Holocaust can never be allowed to be forgotten, not only out of respect for the victims, but also as a deterrent to any future attempts at genocidal slaughter; and
Whereas, Commemorative events such as this have drawn Jews and non-Jews from throughout the world and each has gained a better understanding of the past events and a new hope for the future; and
Whereas, In keeping with the theme of this event "The Importance of Remembering the Holocaust in the 21st Century", we urge the citizens of the world to strengthen the resolve that this nightmare may never be forgotten; now, therefore, be it
Resolved by the House of Representatives, That this legislative body remember the Holocaust in the 21st Century; and be it further
Resolved, That a copy of this resolution be transmitted to the Michigan Jewish Conference as evidence of our profound respect and esteem.
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 Local Government and Urban Policy, by Rep. Birkholz, Chair, reported
House Bill No. 5587, entitled
A bill to repeal 1976 PA 340, entitled "An act to create a municipal fire service classification board; to prescribe the powers and duties of certain state agencies and officials; to provide for the evaluation of fire service delivery systems; to establish a fire service classification scale; to provide recommendations for the improvement of the capabilities of fire service delivery systems to improve life safety and to reduce fire losses for the citizens of this state; to provide for the promulgation of rules; and to provide for the administration of this act," (MCL 28.651 to 28.657).
With the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
HB 5587 To Report Out:
Yeas: Reps. Birkholz, Hager, Bishop, DeWeese, Julian, Tabor, Vander Roest, Lockwood, Jamnick, Minore, Reeves,
Nays: None.
The Committee on Local Government and Urban Policy, by Rep. Birkholz, Chair, reported
Senate Bill No. 1085, entitled
A bill to repeal 1889 PA 204, entitled "An act to authorize the township board of any township in the upper peninsula to license hawkers, peddlers and pawnbrokers, and hawking and peddling, and to regulate and license the sale or peddling of goods, wares, merchandise, refreshments or any kind of property or thing by persons going about from place to place in the township, for that purpose, or from any stand, cart, vehicle, or other device, in the streets, highways, or in or upon wharves, docks, open places or spaces, public grounds or buildings in the township, and to provide a forfeiture for every person who, without license, or contrary to the terms of any license granted to him, shall exercise any occupation or trade, or do anything in respect to which any license shall be required by any resolution or regulation of the township board, made or passed under authority of this act," (MCL 446.101 to 446.105).
With the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
SB 1085 To Report Out:
Yeas: Reps. Birkholz, Hager, Bishop, DeWeese, Julian, Tabor, Vander Roest, Jamnick, Minore, Reeves,
Nays: None.
The Committee on Local Government and Urban Policy, by Rep. Birkholz, Chair, reported
Senate Bill No. 1158, entitled
A bill to amend 1980 PA 243, entitled "Emergency municipal loan act," by amending section 2 (MCL 141.932), as amended by 1998 PA 528.
With the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
SB 1158 To Report Out:
Yeas: Reps. Birkholz, Hager, Bishop, DeWeese, Julian, Tabor, Vander Roest, Lockwood, Jamnick, Minore, Reeves,
Nays: None.
The Committee on Local Government and Urban Policy, by Rep. Birkholz, Chair, reported
Senate Bill No. 1159, entitled
A bill to amend 1972 PA 354, entitled "An act to authorize the replacement or payment without presentation of lost, destroyed or wrongfully taken bonds or other evidences of indebtedness issued by public corporations; and to prescribe the powers and duties of certain departments and agencies," by repealing section 5 (MCL 129.135).
With the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
SB 1159 To Report Out:
Yeas: Reps. Birkholz, Hager, Bishop, DeWeese, Julian, Tabor, Vander Roest, Lockwood, Jamnick, Minore, Reeves,
Nays: None.
The Committee on Local Government and Urban Policy, by Rep. Birkholz, Chair, reported
Senate Bill No. 1160, entitled
A bill to amend 1985 PA 227, entitled "Shared credit rating act," by amending section 7 (MCL 141.1057), as amended by 1997 PA 27.
With the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
SB 1160 To Report Out:
Yeas: Reps. Birkholz, Hager, Bishop, DeWeese, Julian, Tabor, Vander Roest, Lockwood, Jamnick, Minore, Reeves,
Nays: None.
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Birkholz, Chair of the Committee on Local Government and Urban Policy, was received and read:
Meeting held on: Thursday, April 27, 2000, at 9:00 a.m.,
Present: Reps. Birkholz, Hager, Bishop, DeWeese, Julian, Tabor, Vander Roest, Lockwood, Jamnick, Minore, Reeves.
The Committee on Family and Civil Law, by Rep. Richner, Chair, reported
House Bill No. 5237, entitled
A bill to amend 1985 PA 148, entitled "Self-service storage facility act," by amending the title and sections 3, 4, and 5 (MCL 570.523, 570.524, and 570.525).
With the recommendation that the substitute (H-2) be adopted and that the bill then pass.
The bill and substitute were referred to the order of Second Reading of Bills.
Favorable Roll Call
HB 5237 To Report Out:
Yeas: Reps. Richner, Shulman, Hart, Koetje, Sanborn, Voorhees, Baird, Switalski,
Nays: None.
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Richner, Chair of the Committee on Family and Civil Law, was received and read:
Meeting held on: Thursday, April 27, 2000, at 9:00 a.m.,
Present: Reps. Richner, Shulman, Hart, Koetje, Sanborn, Voorhees, Baird, Minore, Switalski,
Absent: Reps. Law, Schermesser,
Excused: Reps. Law, Schermesser.
The Committee on Conservation and Outdoor Recreation, by Rep. DeVuyst, Chair, reported
House Bill No. 5519, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding part 794; and to make an appropriation.
The committee recommended that the bill be referred to the Committee on Appropriations.
Favorable Roll Call
HB 5519 To Report Out:
Yeas: Reps. DeVuyst, Tabor, Allen, Green, Kowall, Middaugh, Patterson, Sanborn, Callahan, Basham, Brater, Gieleghem, Mans, Sheltrown,
Nays: None.
The recommendation was concurred in and the bill was referred to the Committee on Appropriations.
The Committee on Conservation and Outdoor Recreation, by Rep. DeVuyst, Chair, reported
House Bill No. 5582, entitled
A bill to amend 1929 PA 313, entitled "An act to provide for the control and eradication of white pine blister rust; to provide for the destruction of trees, plants and bushes infected with white pine blister rust; to authorize the commissioner of agriculture to remove, appraise and pay for healthy host plants necessarily destroyed; to declare certain plants and bushes a public nuisance; to authorize the commissioner to set aside fruiting currant and gooseberry and white pine growing districts as control areas; to provide for co-operation between state departments; to authorize the promulgation of rules and regulations; to provide funds for carrying out the purposes of this act; and to provide penalties for its violation," by amending section 2 (MCL 286.102).
With the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
HB 5582 To Report Out:
Yeas: Reps. DeVuyst, Tabor, DeRossett, Green, Kowall, Middaugh, Patterson, Sanborn, Mans, Sheltrown,
Nays: None.
The Committee on Conservation and Outdoor Recreation, by Rep. DeVuyst, Chair, reported
House Bill No. 5633, entitled
A bill to amend 1955 PA 162, entitled "An act to provide for the licensing and inspection of agricultural liming material and to regulate the sale thereof; and to prescribe penalties for the violations of the provisions of this act," by amending section 8 (MCL 290.538).
With the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
HB 5633 To Report Out:
Yeas: Reps. DeVuyst, Tabor, DeRossett, Green, Kowall, Middaugh, Patterson, Sanborn, Mans, Sheltrown,
Nays: None.
The Committee on Conservation and Outdoor Recreation, by Rep. DeVuyst, Chair, reported
House Bill No. 5641, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 11521 (MCL 324.11521).
With the recommendation that the substitute (H-1) be adopted and that the bill then pass.
The bill and substitute were referred to the order of Second Reading of Bills.
Favorable Roll Call
HB 5641 To Report Out:
Yeas: Reps. DeVuyst, Tabor, DeRossett, Green, Kowall, Middaugh, Patterson, Sanborn, Basham, Mans, Sheltrown,
Nays: Reps. Callahan, Brater, Gieleghem.
The Committee on Conservation and Outdoor Recreation, by Rep. DeVuyst, Chair, reported
Senate Bill No. 1068, entitled
A bill to repeal 1927 PA 275, entitled "An act to authorize the governor and state treasurer to refund the 6 per cent bonds secured by mortgage deed of trust of the Michigan state fair grounds; to call, pay and retire the outstanding bonds, and to issue new bonds to procure the funds to pay and retire said outstanding bonds," (MCL 12.31 to 12.35).
With the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
SB 1068 To Report Out:
Yeas: Reps. DeVuyst, Tabor, DeRossett, Green, Kowall, Middaugh, Patterson, Sanborn, Mans, Sheltrown,
Nays: None.
The Committee on Conservation and Outdoor Recreation, by Rep. DeVuyst, Chair, reported
Senate Bill No. 1072, entitled
A bill to repeal 1978 PA 116, entitled "The John C. Hertel toxic substance control commission act," (MCL 286.181 to 286.194).
With the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
SB 1072 To Report Out:
Yeas: Reps. DeVuyst, Tabor, DeRossett, Green, Kowall, Middaugh, Patterson, Mans,
Nays: Rep. Sheltrown.
The Committee on Conservation and Outdoor Recreation, by Rep. DeVuyst, Chair, reported on
Senate Bill No. 1124, entitled
A bill to repeal 1887 PA 229, entitled "An act establishing a lien for labor and services upon lumber, shingles, logs, timber, cedar posts, telegraph poles, railroad ties, bark, shingle-bolts, stave-bolts, staves, cord-wood, pulp-wood, hop-poles, hoop-poles, veneering wood and all other forest products, and to repeal Act No. 145 of the Session Laws of 1881, entitled "An act establishing a lien for labor and services upon logs, timber, cedar posts, telegraph poles, railroad ties, tanbark, shingle-bolts and staves, and to repeal Act No. 185 of the Session Laws of 1873, entitled 'An act establishing a lien for labor and services upon logs and timber, as amended by Act No. 253 of the Public Acts of 1879'," (MCL 426.1 to 426.15).
Adverse Roll Call
SB 1124 To Report Out:
Yeas: Reps. DeVuyst, Tabor, DeRossett, Green, Kowall, Patterson, Sanborn,
Nays: Reps. Middaugh, Callahan, Basham, Brater, Gieleghem, Mans, Sheltrown.
The Committee on Conservation and Outdoor Recreation, by Rep. DeVuyst, Chair, reported
Senate Bill No. 1125, entitled
A bill to repeal 1861 PA 263, entitled "An act to provide for the floating of logs and timber in the streams of this state," (MCL 426.51 to 426.57).
With the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
SB 1125 To Report Out:
Yeas: Reps. DeVuyst, Tabor, DeRossett, Green, Kowall, Middaugh, Patterson, Sanborn, Mans, Sheltrown,
Nays: None.
The Committee on Conservation and Outdoor Recreation, by Rep. DeVuyst, Chair, reported
Senate Bill No. 1126, entitled
A bill to repeal 1867 PA 202, entitled "An act to protect the title of the owners of floating logs and lumber," (MCL 426.101 to 426.107).
With the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
SB 1126 To Report Out:
Yeas: Reps. DeVuyst, Tabor, DeRossett, Green, Kowall, Middaugh, Patterson, Sanborn, Mans, Sheltrown,
Nays: None.
The Committee on Conservation and Outdoor Recreation, by Rep. DeVuyst, Chair, reported
Senate Bill No. 1127, entitled
A bill to repeal 1897 PA 43, entitled "An act to provide for the analysis of water in use by the public in certain cases," (MCL 390.81 to 390.83).
With the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
SB 1127 To Report Out:
Yeas: Reps. DeVuyst, Tabor, DeRossett, Green, Kowall, Middaugh, Patterson, Sanborn, Basham, Mans, Sheltrown,
Nays: None.
The Committee on Conservation and Outdoor Recreation, by Rep. DeVuyst, Chair, reported
Senate Bill No. 1128, entitled
A bill to repeal 1915 PA 50, entitled "An act to provide for the payment of bounties for the killing of common rats," (MCL 433.251 to 433.253).
With the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
SB 1128 To Report Out:
Yeas: Reps. DeVuyst, Tabor, DeRossett, Green, Kowall, Middaugh, Patterson, Sanborn, Mans, Sheltrown,
Nays: None.
The Committee on Conservation and Outdoor Recreation, by Rep. DeVuyst, Chair, reported
Senate Bill No. 1129, entitled
A bill to repeal 1907 PA 226, entitled "An act to provide for the payment of bounties for the killing of English sparrows," (MCL 433.281 to 433.284).
With the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
SB 1129 To Report Out:
Yeas: Reps. DeVuyst, Tabor, DeRossett, Green, Kowall, Middaugh, Patterson, Sanborn, Mans, Sheltrown,
Nays: None.
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. DeVuyst, Chair of the Committee on Conservation and Outdoor Recreation, was received and read:
Meeting held on: Thursday, April 27, 2000, at 8:30 a.m.,
Present: Reps. DeVuyst, Tabor, DeRossett, Allen, Green, Kowall, Middaugh, Patterson, Sanborn, Callahan, Basham, Brater, Gieleghem, Mans, Sheltrown.
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. DeWeese, Vice-Chair of the Committee on Health Policy, was received and read:
Meeting held on: Thursday, April 27, 2000, at 10:30 a.m.,
Present: Reps. DeWeese, DeRossett, Ehardt, Gosselin, Green, Ruth Johnson, Rocca, Vear, Schauer, Baird, Dennis, Jacobs, Neumann, Reeves, Woodward,
Absent: Reps. Law, Raczkowski,
Excused: Reps. Law, Raczkowski.
Announcement by the Clerk of Printing and Enrollment
The Clerk announced that the following bills had been printed and placed upon the files of the members, Thursday, April 27:
House Bill Nos. 5683 5684 5685
Introduction of Bills
Reps. Hart, Jansen, Shulman, Shackleton, Bradstreet, Sheltrown, Rick Johnson, Hager, Gilbert, Ehardt, Stamas, Byl, Toy, Voorhees, DeWeese, Ruth Johnson, Tabor, Kuipers, Pestka, Jelinek, Richardville and Kukuk introduced
House Bill No. 5686, entitled
A bill to amend 1986 PA 268, entitled "Legislative council act," (MCL 4.1101 to 4.1901) by amending the title, as amended by 1988 PA 100, and by adding chapter 8A.
The bill was read a first time by its title and referred to the Committee on Health Policy.
Reps. Basham, Woodward, Schermesser, Spade, Bovin, Jamnick, Lockwood and Callahan introduced
House Bill No. 5687, entitled
A bill to designate December 7 of each year as Pearl Harbor day in the state of Michigan.
The bill was read a first time by its title and referred to the Committee on Veterans Affairs.
Reps. Koetje, DeWeese, Spade, Richardville, Garcia, Vear, Birkholz, Toy, Ehardt and Bisbee introduced
House Bill No. 5688, entitled
A bill to amend 1937 PA 103, entitled "An act to prescribe certain conditions relative to the execution of instruments entitled to be recorded in the office of the register of deeds," (MCL 565.201 to 565.203) by adding section 2a.
The bill was read a first time by its title and referred to the Committee on Agriculture and Resource Management.
Reps. Richardville, Vander Roest, Voorhees, Shackleton, Mortimer, Van Woerkom, Faunce, Kowall, Bisbee, Gilbert and Howell introduced
House Bill No. 5689, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 20162 and 21799b (MCL 333.20162 and 333.21799b).
The bill was read a first time by its title and referred to the Committee on Senior Health, Security and Retirement.
Reps. Shackleton, Scranton, Kowall, Rick Johnson and Woronchak introduced
House Bill No. 5690, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding sections 32610 and 32611.
The bill was read a first time by its title and referred to the Committee on Great Lakes and Tourism.
Reps. Scranton, Birkholz, Godchaux and Shackleton introduced
House Bill No. 5691, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 32501, 32502, 32503, 32504, 32505, 32510, 32511, 32512, 32513, 32514, and 32515 (MCL 324.32501, 324.32502, 324.32503, 324.32504, 324.32505, 324.32510, 324.32511, 324.32512, 324.32513, 324.32514, and 324.32515), sections 32501, 32502, 32503, 32504, 32505, 32510, 32511, 32512, 32514, and 32515 as added by 1995 PA 59 and section 32513 as amended by 1999 PA 106, and by adding section 32510a and part 326.
The bill was read a first time by its title and referred to the Committee on Great Lakes and Tourism.
Reps. Rison, Schermesser, Daniels, Vaughn, Stallworth, Hale, Bogardus, Thomas, Schauer, Scott, Kilpatrick, Reeves, Dennis, Minore, Clarke, Richardville, Jacobs, Callahan, Price, Clark, Cherry, Garza, Hardman, Richner, Scranton, DeRossett and Lemmons introduced
House Bill No. 5692, entitled
A bill to amend 1974 PA 300, entitled "Motor vehicle service and repair act," by amending the title and section 38 (MCL 257.1338) and by adding section 35a.
The bill was read a first time by its title and referred to the Committee on Local Government and Urban Policy.
Reps. Julian, Richardville, DeWeese, Gilbert, Kowall, Van Woerkom, Faunce, Voorhees, Koetje, Howell, Caul, Bisbee, Shackleton, Hager, Gosselin, Green, Jelinek and Tabor introduced
House Bill No. 5693, entitled
A bill to amend 1976 PA 451, entitled "The revised school code," (MCL 380.1 to 380.1852) by adding section 1305.
The bill was read a first time by its title and referred to the Committee on Education.
Reps. Faunce, Raczkowski, Woronchak and Bradstreet introduced
House Bill No. 5694, entitled
A bill to amend 1982 PA 415, entitled "Correctional officers' training act of 1982," by amending section 12 (MCL 791.512), as amended by 1989 PA 4.
The bill was read a first time by its title and referred to the Committee on Criminal Law and Corrections.
Rep. Faunce introduced
House Bill No. 5695, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 401 (MCL 257.401), as amended by 1995 PA 98.
The bill was read a first time by its title and referred to the Committee on Family and Civil Law.
Rep. Switalski introduced
House Bill No. 5696, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 3112a (MCL 324.3112a), as amended by 1998 PA 3.
The bill was read a first time by its title and referred to the Committee on Conservation and Outdoor Recreation.
Reps. Lockwood, Jacobs, Dennis, Baird, Prusi, Cherry, Price, Schauer, Garza, Clark, Schermesser, Neumann, Rivet, Bogardus, Woodward, Bob Brown, Clarke, Gieleghem, DeHart, Scott, Bovin, Callahan, Vaughn, Ruth Johnson, O'Neil, Jamnick, LaForge, Rison and Lemmons introduced
House Bill No. 5697, entitled
A bill to amend 1975 PA 238, entitled "Child protection law," by amending sections 3 and 8 (MCL 722.623 and 722.628), section 3 as amended by 1994 PA 177 and section 8 as amended by 2000 PA 45.
The bill was read a first time by its title and referred to the Committee on Family and Civil Law.
Reps. Jacobs, Lockwood, Dennis, Baird, Prusi, Cherry, Price, Schauer, Garza, Clark, Schermesser, Neumann, Rivet, Bogardus, Woodward, Bob Brown, Clarke, Gieleghem, DeHart, Scott, Bovin, Callahan, Vaughn, Ruth Johnson, O'Neil, Jamnick, LaForge, Rison and Lemmons introduced
House Bill No. 5698, entitled
A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 135 (MCL 750.135).
The bill was read a first time by its title and referred to the Committee on Family and Civil Law.
Reps. Lockwood, Jacobs, Baird, Woodward, Dennis, Prusi, Cherry, Price, Schauer, Garza, Clark, Schermesser, Neumann, Rivet, Bogardus, Bob Brown, Clarke, Gieleghem, DeHart, Scott, Bovin, Callahan, Vaughn, Ruth Johnson, O'Neil, Jamnick, LaForge, Rison and Lemmons introduced
House Bill No. 5699, entitled
A bill to amend 1939 PA 288, entitled "Probate code of 1939," by amending sections 13a and 19b of chapter XIIA (MCL 712A.13a and 712A.19b), section 13a of chapter XIIA as amended by 2000 PA 55 and section 19b of chapter XIIA as amended by 2000 PA 46, and by adding sections 19d and 19e to chapter XIIA.
The bill was read a first time by its title and referred to the Committee on Family and Civil Law.
______
Rep. Green moved that the House adjourn.
The motion prevailed, the time being 3:05 p.m.
Associate Speaker Pro Tempore Scranton declared the House adjourned until Tuesday, May 2, at 2:00 p.m.
GARY L. RANDALL
Clerk of the House of Representatives.