No. 63
STATE OF MICHIGAN
JOURNAL
OF THE
House of Representatives
90th Legislature
REGULAR SESSION OF 2000
House Chamber, Lansing, Thursday, November 9, 2000.
12:00 Noon.
The House was called to order by the Speaker.
The roll was called by the Clerk of the House of Representatives, who announced that a quorum was present.
Allen--present
Baird--absent
Basham--present
Birkholz--present
Bisbee--present
Bishop--present
Bogardus--excused
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--excused
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--excused
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--excused
LaForge--present
LaSata--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--e/d/s
Rivet--present
Rocca--present
Sanborn--present
Schauer--present
Schermesser--present
Scott--present
Scranton--excused
Shackleton--present
Sheltrown--present
Shulman--present
Spade--present
Stallworth--excused
Stamas--present
Switalski--present
Tabor--present
Tesanovich--excused
Thomas--present
Toy--present
Vander Roest--present
Van Woerkom--present
Vaughn--excused
Vear--present
Voorhees--present
Wojno--present
Woodward--present
Woronchak--present
e/d/s = entered during session
Father Brian Stanley, Pastor of St. Charles Borromeo Church in Coldwater, offered the following invocation:
"Almighty and eternal God, You have revealed Your glory to all nations. God of power and might, wisdom and justice, through You authority is rightly administered, laws are enacted, and judgment is decreed.
Let the light of Your divine wisdom direct the deliberations of this House of Representatives, and shine forth in all the proceedings and laws framed for our rule and government. May they seek to preserve peace, defend human life, and continue to bring us the blessings of liberty and equality.
We pray for John Engler, the governor of this state, for the members of the Michigan legislature, for judges, elected civil officials, and all others who are entrusted to guard our political welfare. May they be enabled by Your powerful protection to discharge their duties with honesty and integrity, to seek the common good only by moral means.
We likewise commend to Your unbounded mercy the citizens of the state of Michigan, that we may be blessed in the knowledge and sanctified in the observance of Your holy law. May we be preserved in truth, justice and freedom, and in that peace which the world cannot give; and after enjoying the blessings of this life be admitted to those which are eternal.
We pray to You, who are Lord and God, for ever and ever. Amen."
______
Rep. Scott moved that Reps. Stallworth, Tesanovich, Vaughn, Hardman and Bogardus be excused from today's session.
The motion prevailed.
Rep. DeWeese moved that Reps. DeVuyst, Kukuk and Scranton be excused from today's session.
The motion prevailed.
Motions and Resolutions
By unanimous consent the House considered House Resolution No. 426 out of numerical order
The Speaker, on behalf of the entire membership, offered the following resolution:
House Resolution No. 426.
A resolution offered as a memorial for Robert Waldron, former Speaker of the Michigan House of Representatives.
Whereas, With the recent passing of Mr. Robert Waldron, the people of this state have lost a gentleman of unshakable commitment to our republic and the ideals of liberty. His energy, intellect, and integrity enriched our state in many ways. These gifts were reflected in his achievements in law, the political arena, and business; and
Whereas, Robert Waldron's lifelong passion for our nation's freedoms and fundamentals of self-rule was strengthened in the four years he served in the European Theater of Operations in the United States Army Air Corps during World War II. This experience ignited a fire for public life that was never extinguished; and
Whereas, A graduate of Dartmouth College, Robert Waldron earned his law degree at the University of Michigan. He became known as a true scholar of the law. His devotion to service and concern with how our society adapts to change through its political institutions led to his 1954 election to the Michigan House of Representatives from the Grosse Pointe area. His sixteen years of work as a lawmaker constituted an era of landmark changes in Michigan. In addition to the boom of the postwar era, Michigan implemented a new constitution and greatly revamped state government. Robert Waldron was at the heart of debates and policy decisions that shaped the Michigan we know today; and
Whereas, Robert Waldron's knowledge and personal integrity led to his election as the Speaker of the House in 1967-68. His tenure in this post was among the more memorable in the state's history. This was a direct reflection of the respect Speaker Waldron commanded from both sides of the aisle of the evenly divided membership; and
Whereas, Even after leaving the legislature and becoming the director of the Associated Petroleum Industries of Michigan, Mr. Waldron continued to speak out on issues. Indeed, his legacy of service will likewise long benefit our state; now, therefore, be it
Resolved by the House of Representatives, That we offer this expression of tribute as a memorial for Robert Waldron, former Speaker of the Michigan House of Representatives; and be it further
Resolved, That copies of this resolution be transmitted to the Waldron family as evidence of our sincerest condolences.
The question being on the adoption of the resolution,
The resolution was adopted by a unanimous standing vote.
______
The Speaker called the Speaker Pro Tempore to the Chair.
Second Reading of Bills
Senate Bill No. 1141, entitled
A bill to repeal 1913 PA 334, entitled "An act to provide for the establishment, survey, improvement and maintenance of state reward trunk line highways, to provide for the payment of triple state reward thereon, to define the duties of state, county, good roads district and township officers in regard thereto, and to appropriate funds to carry out the provisions thereof," (MCL 250.2 to 250.9).
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.
______
Rep. Rick Johnson moved that Rep. Allen be excused temporarily from today's session.
The motion prevailed.
Rep. Vander Roest moved that Rep. Green be excused temporarily from today's session.
The motion prevailed.
By unanimous consent the House returned to the order of
Third Reading of Bills
Senate Bill No. 1141, entitled
A bill to repeal 1913 PA 334, entitled "An act to provide for the establishment, survey, improvement and maintenance of state reward trunk line highways, to provide for the payment of triple state reward thereon, to define the duties of state, county, good roads district and township officers in regard thereto, and to appropriate funds to carry out the provisions thereof," (MCL 250.2 to 250.9).
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 928 Yeas--99
Basham Garcia Kowall Richardville
Birkholz Garza Kuipers Richner
Bisbee Geiger LaForge Rivet
Bishop Gieleghem LaSata Rocca
Bovin Gilbert Law Sanborn
Bradstreet Godchaux Lemmons Schauer
Brater Gosselin Lockwood Schermesser
Brewer Hager Mans Scott
Brown, B. Hale Martinez Shackleton
Brown, C. Hanley Mead Sheltrown
Byl Hansen Middaugh Shulman
Callahan Hardman Minore Spade
Cassis Hart Mortimer Stamas
Caul Howell Neumann Switalski
Cherry Jacobs O'Neil Tabor
Clark, I. Jamnick Pappageorge Thomas
Clarke, H. Jansen Patterson Toy
Daniels Jelinek Perricone Van Woerkom
DeHart Jellema Pestka Vander Roest
Dennis Johnson, Rick Price Vear
DeRossett Johnson, Ruth Prusi Voorhees
DeWeese Julian Pumford Wojno
Ehardt Kelly Quarles Woodward
Faunce Kilpatrick Raczkowski Woronchak
Frank Koetje Reeves
Nays--0
In The Chair: Birkholz
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. 1142, entitled
A bill to repeal 1919 (Ex Sess) PA 19, entitled "An act to provide for the laying out and establishing of additional trunk line mileage, the same to be added to and connected with the state trunk line highways heretofore established, under the provisions of Act No. 334 of the Public Acts of 1913, as amended," (MCL 250.101).
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.
______
Rep. Allen moved that Rep. Rick Johnson be excused temporarily from today's session.
The motion prevailed.
By unanimous consent the House returned to the order of
Third Reading of Bills
Senate Bill No. 1142, entitled
A bill to repeal 1919 (Ex Sess) PA 19, entitled "An act to provide for the laying out and establishing of additional trunk line mileage, the same to be added to and connected with the state trunk line highways heretofore established, under the provisions of Act No. 334 of the Public Acts of 1913, as amended," (MCL 250.101).
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 929 Yeas--99
Allen Frank Koetje Richardville
Basham Garcia Kowall Richner
Birkholz Garza Kuipers Rivet
Bisbee Geiger LaForge Rocca
Bishop Gieleghem LaSata Sanborn
Bovin Gilbert Law Schauer
Bradstreet Godchaux Lemmons Schermesser
Brater Gosselin Lockwood Scott
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 Thomas
Clark, I. Jacobs Pappageorge Toy
Clarke, H. Jamnick Patterson Van Woerkom
Daniels Jansen Pestka Vander Roest
DeHart Jelinek Price Vear
Dennis Jellema Prusi Voorhees
DeRossett Johnson, Ruth Pumford Wojno
DeWeese Julian Quarles Woodward
Ehardt Kelly Raczkowski Woronchak
Faunce Kilpatrick Reeves
Nays--0
In The Chair: Birkholz
The House agreed to the title of the bill.
Rep. Middaugh moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Second Reading of Bills
Senate Bill No. 1145, entitled
A bill to repeal 1929 PA 7, entitled "An act to provide for the laying out and establishing of additional trunk line mileage," (MCL 250.131).
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.
______
Rep. Vander Roest moved that Rep. Allen be excused temporarily from today's session.
The motion prevailed.
By unanimous consent the House returned to the order of
Third Reading of Bills
Senate Bill No. 1145, entitled
A bill to repeal 1929 PA 7, entitled "An act to provide for the laying out and establishing of additional trunk line mileage," (MCL 250.131).
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 930 Yeas--97
Basham Garcia Koetje Reeves
Birkholz Garza Kowall Richardville
Bisbee Geiger Kuipers Richner
Bishop Gieleghem LaForge Rivet
Bovin Gilbert LaSata Rocca
Bradstreet Godchaux Law Sanborn
Brater Gosselin Lemmons Schermesser
Brewer Green Lockwood Scott
Brown, B. Hager Mans Shackleton
Brown, C. Hale Martinez Sheltrown
Byl Hanley Mead Shulman
Callahan Hansen Middaugh Spade
Cassis Hardman Minore Stamas
Caul Hart Mortimer Switalski
Cherry Howell Neumann Tabor
Clark, I. Jacobs O'Neil Thomas
Clarke, H. Jamnick Pappageorge Toy
Daniels Jansen Patterson Van Woerkom
DeHart Jelinek Pestka Vander Roest
Dennis Jellema Price Vear
DeRossett Johnson, Ruth Prusi Voorhees
DeWeese Julian Pumford Wojno
Ehardt Kelly Quarles Woodward
Faunce Kilpatrick Raczkowski Woronchak
Frank
Nays--0
In The Chair: Birkholz
The House agreed to the title of the bill.
Rep. Middaugh moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
______
Rep. Rison entered the House Chambers.
Second Reading of Bills
Senate Bill No. 1146, entitled
A bill to repeal 1934 (1st Ex Sess) PA 27, entitled "An act to provide for the laying out and establishing of additional trunk line mileage," (MCL 250.142).
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.
______
Rep. Vander Roest moved that Rep. Byl be excused temporarily from today's session.
The motion prevailed.
By unanimous consent the House returned to the order of
Third Reading of Bills
Senate Bill No. 1146, entitled
A bill to repeal 1934 (1st Ex Sess) PA 27, entitled "An act to provide for the laying out and establishing of additional trunk line mileage," (MCL 250.142).
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 931 Yeas--99
Allen Garcia Kowall Richner
Basham Garza Kuipers Rison
Birkholz Geiger LaForge Rivet
Bisbee Gieleghem LaSata Rocca
Bishop Gilbert Law Sanborn
Bovin Godchaux Lemmons Schauer
Bradstreet Gosselin Lockwood Schermesser
Brater Green Mans Scott
Brewer Hager Martinez Shackleton
Brown, B. Hale Mead Sheltrown
Brown, C. Hanley Middaugh Shulman
Callahan Hansen Minore Spade
Cassis Hardman Mortimer Stamas
Caul Hart Neumann Switalski
Cherry Howell O'Neil Tabor
Clark, I. Jacobs Pappageorge Thomas
Clarke, H. Jamnick Patterson Toy
Daniels Jansen Pestka Van Woerkom
DeHart Jelinek Price Vander Roest
Dennis Jellema Prusi Vear
DeRossett Johnson, Ruth Pumford Voorhees
DeWeese Julian Quarles Wojno
Ehardt Kelly Raczkowski Woodward
Faunce Kilpatrick Reeves Woronchak
Frank Koetje Richardville
Nays--0
In The Chair: Birkholz
The House agreed to the title of the bill.
Rep. Middaugh moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Second Reading of Bills
House Bill No. 5967, entitled
A bill to amend 1965 PA 114, entitled "An act relating to dry, edible beans; to create a bean commission and prescribe its functions; to levy and collect assessments on bean production; and to provide penalties for violation of this act," by amending sections 1, 2, 3, 4, 10, 12, 14, and 17 (MCL 290.551, 290.552, 290.553, 290.554, 290.560, 290.562, 290.564, and 290.567), sections 1, 14, and 17 as amended by 1980 PA 493 and sections 2 and 3 as amended by 1989 PA 144.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Agriculture and Resource Management,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Julian 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
House Bill No. 5967, entitled
A bill to amend 1965 PA 114, entitled "An act relating to dry, edible beans; to create a bean commission and prescribe its functions; to levy and collect assessments on bean production; and to provide penalties for violation of this act," by amending sections 1, 2, 3, 4, 10, 12, 14, and 17 (MCL 290.551, 290.552, 290.553, 290.554, 290.560, 290.562, 290.564, and 290.567), sections 1, 14, and 17 as amended by 1980 PA 493 and sections 2 and 3 as amended by 1989 PA 144.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 932 Yeas--98
Allen Frank Kowall Richner
Basham Garcia Kuipers Rison
Birkholz Garza LaForge Rivet
Bisbee Geiger LaSata Rocca
Bishop Gieleghem Law Sanborn
Bovin Gilbert Lockwood Schauer
Bradstreet Godchaux Mans Schermesser
Brater Gosselin Martinez Scott
Brewer Green Mead Shackleton
Brown, B. Hager Middaugh Sheltrown
Brown, C. Hale Minore Shulman
Byl Hanley Mortimer Spade
Callahan Hansen Neumann Stamas
Cassis Hardman O'Neil Switalski
Caul Hart Pappageorge Tabor
Cherry Howell Patterson Thomas
Clark, I. Jacobs Pestka Toy
Clarke, H. Jamnick Price Van Woerkom
Daniels Jansen Prusi Vander Roest
DeHart Jelinek Pumford Vear
Dennis Jellema Quarles Voorhees
DeRossett Johnson, Ruth Raczkowski Wojno
DeWeese Julian Reeves Woodward
Ehardt Kelly Richardville Woronchak
Faunce Koetje
Nays--0
In The Chair: Birkholz
The House agreed to the title of the bill.
Rep. Middaugh moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Second Reading of Bills
House Bill No. 6031, entitled
A bill to designate highway M-109 located in Leelanau county as the "D.H. Day Highway"; and to prescribe the duties of the state transportation department.
The bill was read a second time.
Rep. Allen 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. 6031, entitled
A bill to designate highway M-109 located in Leelanau county as the "D.H. Day Highway"; and to prescribe the duties of the state transportation department.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 933 Yeas--97
Allen Garcia Kowall Richardville
Basham Garza Kuipers Richner
Birkholz Geiger LaForge Rison
Bisbee Gieleghem LaSata Rocca
Bishop Gilbert Law Sanborn
Bovin Godchaux Lemmons Schauer
Bradstreet Gosselin Lockwood Schermesser
Brater Green Mans Scott
Brewer Hager Martinez Shackleton
Brown, B. Hale Mead Sheltrown
Brown, C. Hanley Middaugh Shulman
Byl Hansen Minore Spade
Callahan Hardman Mortimer Stamas
Cassis Hart Neumann Switalski
Caul Howell O'Neil Tabor
Cherry Jacobs Pappageorge Thomas
Clark, I. Jamnick Patterson Toy
Clarke, H. Jansen Pestka Van Woerkom
Daniels Jelinek Price Vander Roest
DeHart Jellema Prusi Vear
DeRossett Johnson, Ruth Pumford Voorhees
DeWeese Kelly Quarles Wojno
Ehardt Kilpatrick Raczkowski Woodward
Faunce Koetje Reeves Woronchak
Frank
Nays--0
In The Chair: Birkholz
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
Motions and Resolutions
Rep. Kelly moved that the Committee on Transportation be discharged from further consideration of House Bill No. 5894.
(For first notice see House Journal No. 62, p. 2287.)
The question being on the motion made by Rep. Kelly,
Rep. Kelly moved that consideration of the motion be postponed for the day.
The motion prevailed.
Rep. Kelly moved that the Committee on Transportation be discharged from further consideration of House Bill No. 5809.
(For first notice see House Journal No. 62, p. 2287.)
The question being on the motion made by Rep. Kelly,
Rep. Kelly moved that consideration of the motion be postponed for the day.
The motion prevailed.
______
Rep. Raczkowski moved that House Committees be given leave to meet during the balance of today's session.
The motion prevailed.
Reps. Allen, Mans, Bovin, Richardville, Garcia, Ehardt, Rick Johnson, Bradstreet, Middaugh, Spade, Toy, Richner, Pappageorge, Mortimer, Woronchak, Bisbee, Jellema, Kuipers, DeRossett, Gilbert, Julian, DeVuyst, Geiger, Stamas, Tabor, LaForge, Patterson, Van Woerkom, Kowall, Jansen, Koetje, Sanborn, Voorhees, Gosselin, Faunce, Hager, Shulman, Kelly, Hart, Caul, Howell, Rocca, Cassis, Daniels, Jelinek, Mead, Cherry, Sheltrown, Jacobs, Wojno, Birkholz, Neumann, Shackleton, Switalski, DeHart, Prusi, Thomas, Lemmons, Raczkowski, Vander Roest, Lockwood, DeWeese, Hardman, Clarke and Bovin offered the following resolution:
House Resolution No. 419.
A resolution to memorialize the Congress of the United States to enact legislation to provide for government-furnished markers for the graves of all veterans.
Whereas, An important measure of a country's character is how it respects the men and women who have devoted themselves to their fellow citizens through a commitment of military service. This respect is productive not only in expressing thanks to those who have secured our freedoms through sacrifice and, for many, the cost of their lives, but also to remind all of our citizens of the price of our way of life. This lesson is most valuable for our young people; and
Whereas, Under present federal law, the Secretary of Veterans Affairs furnishes, upon request, an appropriate grave marker for veterans buried without any other marker. The stipulation that a veteran's grave must be unmarked has the impact of depriving many veterans of this honor. For example, a veteran's grave marked by a private headstone would be deprived of the honor of a veterans marker. This could happen because the family of the veteran did not know of the Veteran Affairs program at the time of passing. This law needs to be amended to extend markers of military service to mark the final resting places of all veterans for whom this designation is requested; and
Whereas, Congress is presently considering a bill, H.R. 1387, that would provide for a veterans marker or headstone for any veteran, including those whose gravesites may already be marked. Enacting this measure will extend due respect to all veterans and foster a greater sense of national gratitude to those who have preserved our liberties; now, therefore, be it
Resolved by the House of Representatives, That we memorialize the Congress of the United States to enact legislation to provide for government-furnished markers for the graves of all veterans; and be it further
Resolved, That copies of this resolution be transmitted to the President of the United States Senate, the Speaker of the United States House of Representatives, and the members of the Michigan congressional delegation.
The resolution was referred to the Committee on Veterans Affairs.
Reps. Garcia, Richardville, Mortimer, Allen, Kelly, Gieleghem, Bovin, Ehardt, Tesanovich, Middaugh, Faunce, Raczkowski, Spade, Rocca, Jellema, DeRossett, Julian, Mead, Sheltrown, Jacobs, Voorhees, Neumann, Switalski, DeHart, Prusi, Kowall, Koetje, Shulman, Vander Roest, Hager, DeWeese and Clarke offered the following resolution:
House Resolution No. 420.
A resolution to memorialize the Congress of the United States to amend the Internal Revenue Code to permit the Veterans of Foreign Wars of the United States to exempt unrelated business tax income derived from games of chance other than bingo.
Whereas, The Veterans of Foreign Wars of the United States (VFW), consistent with other Internal Revenue Code 501(c) tax-exempt organizations, are prohibited from exempting unrelated business tax income derived from games of chance other than bingo. This prohibition is in spite of the fact that for 100 years the VFW has used these proceeds to fund cash-starved, community-based services; and
Whereas, Pursuant to section 513(f) of the Internal Revenue Code, Congress exempted bingo games as unrelated business tax income in 1978. Several years later, Congress broadened the exemption to include other games of chance. However, in 1988, Congress overly restricted this exemption to include only those games of chance carried out by North Dakotan nonprofit organizations; and
Whereas, Contrary to Michigan tax law, under the Internal Revenue Code, raffles, so-called millionaire parties, and charity games meet the federal definition of taxable wagers. As such, the Internal Revenue Service exacts an excise tax on the gross amount of the received wagers. This tax is based on the total amount received before any payout of prizes or other expenses; and
Whereas, Congress should amend section 513(f) to excuse those tax- exempt organizations that are threatened with delinquent business tax interest penalties; now, therefore, be it
Resolved by the House of Representatives, That we memorialize the Congress of the United States to amend the Internal Revenue Code to permit the Veterans of Foreign Wars of the United States to exempt unrelated business tax income derived from games of chance other than bingo; and be it further
Resolved, That copies of this resolution be transmitted to the Speaker of the United States House of Representatives, President of the United States Senate, and the members of the Michigan congressional delegation.
The resolution was referred to the Committee on Tax Policy.
Reps. Hardman, Reeves, Spade, Daniels, Ehardt, Jelinek, Julian, Mead, Mortimer, Garcia, Kilpatrick, Cherry, Kelly, Garza, Sheltrown, Jacobs, Wojno, Voorhees, Birkholz, Neumann, Switalski, DeHart, Scott, Price, Prusi, Pappageorge, Jansen, Jamnick, Thomas, Lemmons, Raczkowski, Koetje, Shulman, Hanley, Brater, Hansen, Hale, Hager, DeWeese, Clarke, Bovin, Woodward and Dennis offered the following resolution:
House Resolution No. 421.
A resolution honoring James and Mattie Singletary on their 50th Wedding Anniversary.
Whereas, It is with great pleasure to join with the family and friends of James and Mattie Singletary in extending to them our warmest congratulations as they celebrate their 50th wedding anniversary. Through their devotion to one another, their commitment to their children and grandchildren, and their involvement in their church and community, the Singletary's have contributed a great deal to our state and its future. We wish them well at this milestone in their lives together; and
Whereas, James and Mattie Singletary met in Clarksdale, Mississippi in 1948 at a friend's birthday party. Mattie is the eldest daughter of the Reverend and Mrs. Oliver Hicks. James is the youngest child of Queenie Singletary. Due to her untimely death, James was raised by his grandparents, Sidney and Alice Moriah Singletary; and
Whereas, James and Mattie Singletary joined their dreams and hearts together in marriage on October 23, 1950 in Detroit, Michigan at Mary Palmer's Parsonage. For James and Mattie, it was a time of commitment as they pledged their love and devotion to one another. To this union was born five children: Sheila, Brenda, Wanda, Rose, and James Jr. Employment opportunities led the couple to Detroit. Their many years of employment concluded with James working at Uniroyal for 27 years until his retirement in 1980. Mattie being a devoted housewife and mother helped to build a strong foundation that holds true today; and
Whereas, The Singletary's involvement in community life has taken many forms. It has encompassed their devotion to their church. James and Mattie Singletary are charter members of Saunders Memorial A.M.E. Church, which was under the pastoral leadership of the Reverend James Aikens. James and Mattie Singletary enjoyed many years of singing for the Lord in Saunders Senior Choir; and
Whereas, The center point of their 50 years of marriage is their family. To their children and grandchildren they have given a wonderful example of the rewards inherent in a lifelong commitment. May their entire family realize that these gifts have extended far beyond the family and has benefitted us all; and
Whereas, Today we are celebrating all of the lives that they have touched during the 50 years they have been together. We are so glad to be present in celebrating this "Sacred Kind of Love"; now, therefore, be it
Resolved by the House of Representatives, That the members of this legislative body join in congratulating James and Mattie Singletary as they celebrate their 50th wedding anniversary; and be it further
Resolved, That a copy of this resolution be transmitted to James and Mattie Singletary as a token of our appreciation for their many years of marriage.
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. Switalski, Spade, Daniels, Callahan, Ehardt, LaForge, Jelinek, Julian, Mead, Mortimer, Garcia, Kilpatrick, Cherry, Kelly, Sheltrown, Jacobs, Wojno, Voorhees, Birkholz, Neumann, DeHart, Scott, Price, Prusi, Pappageorge,
Van Woerkom, Jansen, Jamnick, Cassis, Thomas, Lemmons, Raczkowski, Faunce, Sanborn, Koetje, Shulman, Hanley, Brater, Hansen, Hale, Hager, DeWeese, Hardman, Clarke, Bovin, Woodward and Dennis offered the following resolution:
House Resolution No. 422.
A resolution honoring Francis Geck upon the occasion of his 100th birthday.
Whereas, It is a genuine pleasure to extend special greetings to Francis Geck upon the occasion of his 100th birthday. We are grateful for this opportunity to join with the family and many friends of Francis Geck as we honor an individual who truly understands the beauty of life in its challenges and triumphs; and
Whereas, Born on December 20,1900 in Detroit to Jacob and Anna Geck, Frank and his six sibling grew up in a world quite different in many ways from the one we know today. He attended St. Charles Elementary School in Detroit and went on to study at Cass Tech. His ambition was in design and so this adventurous and talented young man applied and was accepted at the New York School of Fine and Applied Art. After tasting some of what this cosmopolitan mecca had to offer, he went on to continue his studies in Paris, France. Three years later he returned to Detroit and in 1927 entered the company of William Wright. He was chosen to design the offices of the Fisher Brothers in the top three floors of the Fisher Building; and
Whereas, Frank then decided to go out west and settle in Boulder, Colorado where, as a Professor of Interior Design, he taught for 39 years at the University of Colorado. There he met, fell in love with, and married Evelyn Sturdyvin and together they shared 44 very happy years. He returned 7 years ago to Detroit where he enjoys the company of his sisters Mary Joan and Virginia, his brother Joe, and other family members. He is a life-long Detroit Tigers fan and last year was welcomed as a VIP at Tiger stadium; and
Whereas, Long ago, Charles Dickens made an observation on aging that often seems applicable to people like Francis Geck, who have contributed a great deal to the life around them. He said: "Father Time is not always a hard parent, and, though he tarries for none of his children, he often lays his hand lightly on those who have used him well." Surely, Francis Geck breathes great meaning into this thought; now, therefore, be it
Resolved by the House of Representatives, That we offer birthday greetings to Francis Geck as he marks his 100th birthday. May the health and happiness his years so richly merit be with him always; and be it further
Resolved, That a copy of this resolution be transmitted to Francis Geck as a token of our 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.
Reps. Switalski, Spade, Daniels, Callahan, Ehardt, LaForge, Julian, Mead, Mortimer, Garcia, Kilpatrick, Cherry, Kelly, Sheltrown, Jacobs, Wojno, Voorhees, Birkholz, Neumann, DeHart, Scott, Price, Prusi, Pappageorge, Jansen, Jamnick, Cassis, Thomas, Lemmons, Raczkowski, Faunce, Sanborn, Koetje, Shulman, Hanley, Brater, Hansen, Hale, Hager, DeWeese, Hardman, Clarke. Bovin, Woodward and Dennis offered the following resolution:
House Resolution No. 423.
A resolution honoring Grace and George McCloskey as they celebrate their 50th wedding anniversary.
Whereas, It is a distinct honor to join with the family and friends of Grace and George McCloskey of Harrison Township, Michigan, as they celebrate their 50th wedding anniversary on November 11, 2000. It was love at first sight when George met Grace at her girlfriend's house. They were wed in Detroit at St. Juliana's and soon afterwards George resumed his army responsibilities in Germany while Grace stayed in Michigan. On his return their family soon blossomed into a family of eight--Gail, Genese, Glen, George Jr., Gordon, Gerald, Genene, and Garrett; and
Whereas, Since they pledged their trust, respect, and affection in marriage, Grace and George McCloskey have also witnessed changes in their own lives. Certainly the central point of their attention is their family to whom they have given countless gifts. Among the most precious of these gifts given to friends, their 8 children, 9 grandchildren, and their entire family, is the example of the rewards of a wonderful marriage. As they mark this day, may they also know that this example has enriched our entire state; now, therefore, be it
Resolved by the House of Representatives, That we offer our congratulations to Grace and George McCloskey as they mark their 50th wedding anniversary. May they continue to grow closer to one another with each passing day; and be it further
Resolved, That a copy of this resolution be transmitted to Grace and George McCloskey as evidence of our great respect for their 50 years of marriage.
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. Hardman, Reeves, Spade, Daniels, Ehardt, LaForge, Julian, Mortimer, Garcia, Kilpatrick, Cherry, Kelly, Garza, Sheltrown, Jacobs, Wojno, Birkholz, Neumann, Switalski, DeHart, Scott, Price, Prusi, Jamnick, Thomas, Lemmons, Shulman, Hanley, Brater, Hansen, Hale, DeWeese, Clarke, Bovin, Woodward and Dennis offered the following resolution:
House Resolution No. 424.
A resolution honoring attorney Charlita A. Blair, a former Delta Home for Girls resident.
Whereas, It is a great pleasure to join with friends, family, the Federation of Youth Services, and the State of Michigan in extending congratulations to Charlita A. Blair on her many accomplishments through her visions realized through the Federation of Youth Services; and
Whereas, Charlita A. Blair was a ward of the State of Michigan and placed in the Delta Home for Girls residential facility from 1968-1972. She graduated from Kettering High School and attended the University of Michigan where she received a Bachelor of Arts degree. Attorney Blair attended Sorbonne University in Paris, France as an exchange student. Here she gained a wealth of knowledge and culture as she studied abroad. In 1977, Charlita Blair received a certification from the Chicago Board of Trade Institute. In 1980, Attorney Blair received her J.D. from the University of Detroit Law School; and
Whereas, Attorney Blair is a member of the American Bar Association, Texas Bar Association, Delta Sigma Theta Sorority, Inc., and Houston Area Mediators Association. Attorney Blair is the host of "The Gospel Truth", a radio talk show in Texas, as well as the Senior Tax Attorney and General Counsel for Sterling & Associates. She has volunteered her time to numerous organizations including the Federations of Girls Homes, Board of Directors from 1977-1980; Kelzer Care Homeless Shelter of Chicago, Illinois, Board of Directors; Diversified Women's Center for Battered Women of Houston, Texas-Board of Directors; and Fort Bend County Foster Parent Association of Dallas, Texas where she is the President. Attorney Blair received the National Women of Achievement - Woman of the Year Award in 1983; and
Whereas, Clarita Blair is the mother of two adopted children. She has conquered the system and has become a productive adult. Attorney Blair has given unselfishly of herself in Detroit, Texas, and wherever she sets her aim. She has recently returned home to live with her former Delta Home for Girls staff member, Ms. Street, whom she adopted as her foster mother. The former staff member is up in age and ill. Attorney Blair built a private suite onto her home to accommodate Ms. Street's personal needs. Attorney Blair maintains a close relationship with her sorority sisters of Delta Sigma Theta Sorority Inc, Detroit Alumnae Chapter; and
Whereas, There are many other achievements, to numerous to mention, but all testify to the reason the Federation of Youth Services is honoring her; now, therefore, be it
Resolved by the House of Representatives, That the members of this legislative body join in honoring Attorney Charlita A. Blair upon the outstanding accomplishments that she has made through her visions realized through the Federation of Youth Services; and be it further
Resolved, That a copy of this resolution be transmitted to Attorney Charlita A. Blair as a token of our respect for her accomplishments.
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. Hardman, Reeves, Spade, Daniels, Ehardt, LaForge, Julian, Mortimer, Kilpatrick, Cherry, Kelly, Garza, Sheltrown, Jacobs, Wojno, Birkholz, Neumann, Switalski, DeHart, Scott, Price, Prusi, Jamnick, Thomas, Lemmons, Shulman, Hanley, Brater, Hansen, Hale, DeWeese, Clarke, Bovin, Woodward and Dennis offered the following resolution:
House Resolution No. 425.
A resolution honoring Charles Mathews.
Whereas, It is a with great pleasure to join friends, family, the Federation of Youth Services, and the State of Michigan in extending congratulations to Charles Mathews on his many accomplishments through his visions realized through the Federation of Youth Services; and
Whereas, Charles Mathews is a graduate of the East Chicago, Illinois educational system. He attended Aquinas College in Grand Rapids, Michigan where he received a bachelor's degree in Business Administration. Mr. Mathews' commitment to young people began with his first job after college. He was employed by the Opportunity Industrial Center (OIC), a federally funded job training program. Several years later, Mr. Mathews became employed with the Ameritech Corporation as a sales representative. Approximately four years later, Mr. Mathews became sales manager for Ameritech, a position he has maintained for the past fourteen years. Ability, commitment, and integrity has been reflected in all of Mr. Mathews endeavors throughout his years at Ameritech. Mr. Mathews has made many sacrifices on behalf of the community; and
Whereas, Mr. Mathews is a dedicated worker for God. He serves as a trustee for his church, Corinthian Baptist Church. He is the past president of the "Brotherhood" Ministry at Corinthian and he was the Chairperson of the 2000 Pastors Anniversary Celebration. Mr. Mathews is committed to the mission of the rebuilding of a God-fearing God serving nation. He has allowed the Spirit of God to empower his life in order that he might assist with empowering youth to become successful; and
Whereas, Mr. Mathews, in addition to his services to his church and other religious organizations, takes an active role in his community. Seeking to strengthen the ties between the local community and the broader community,
Mr. Mathews serves as a member of the Board of Directors for the Federation of Youth Services; and
Whereas, Mr. Mathews resides in Troy, Michigan with his wife JaAnn Mathews. He is the loving father of one son, one stepson, two stepdaughters, and nine grandchildren. His hobbies are golfing, fishing, and helping others; now, therefore, be it
Resolved by the House of Representatives, That the members of this legislative body join in honoring Charles Mathews upon his dedication to empowering youth in his community; and be it further
Resolved, That a copy of this resolution be transmitted to Charles Mathews as a token of our respect for his endeavors.
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.
THIS RESOLUTION IS OFFERED TO COMPLY WITH MCL § 18.1246.
Rep. Jellema offered the following concurrent resolution:
House Concurrent Resolution No. 121.
A concurrent resolution to change the scope of the Pharmacy Building project at Wayne State University.
Whereas, The Wayne State University--Pharmacy Building project was authorized with a total cost of $64,300,000 in 1996 PA 480; and
Whereas, Wayne State University has estimated that the total cost to complete the Pharmacy Building has increased to $66,600,000; and
Whereas, Wayne State University has agreed to fund the increase in the project cost of $2,300,000 from National Institutes of Health grant funds and internal University resources, with the State Building Authority commitment remaining at $48,224,900; and
Whereas, Pursuant to section 246 of 1984 PA 431, the authorized cost of projects shall only be established or revised by specific reference in a budget act, by concurrent resolution adopted by both houses of the legislature, or inferred by the total amount of any appropriations made to complete plans and construction; now, therefore, be it
Resolved by the House of Representatives (the Senate concurring), That the Michigan Legislature recognizes the need to increase the total cost for the Wayne State University Pharmacy Building to an amount not to exceed $66,600,000 (State Building Authority share $48,224,900; State General Fund/General Purpose share $100; and Wayne State University share $18,375,000) and that the Legislature intends to continue to appropriate funds for construction subject to the limitations stated herein, in amounts not to exceed the authorized cost, subject to the ordinary vicissitudes of the legislative process; and be it further
Resolved, That copies of this resolution be transmitted to the State Budget Director, the Director of the Department of Management and Budget, and Wayne State University.
The concurrent resolution was referred to the Committee on Appropriations.
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, Wednesday, October 4:
House Bill Nos. 6053 6054 6055 6056 6057 6058 6059 6060 6061 6062 6065 6066 6067 6068 6069
Senate Bill Nos. 1411 1412 1413 1414 1415
The Clerk announced the enrollment printing and presentation to the Governor on Thursday, October 5, for his approval of the following bills:
Enrolled House Bill No. 4996 at 3:45 p.m.
Enrolled House Bill No. 4997 at 3:47 p.m.
Enrolled House Bill No. 5557 at 3:49 p.m.
The Clerk announced that the following bill had been printed and placed upon the files of the members, Thursday, October 5:
Senate Bill No. 1416
The Clerk announced that the following Senate bills had been received on Thursday, October 5:
Senate Bill Nos. 342 764 765 1093 1094 1144 1152 1153 1180 1337 1343 1345 1346 1348 1365
The Clerk announced that the following bills had been printed and placed upon the files of the members, Friday, October 6:
House Bill Nos. 6070 6071 6072 6073 6074 6075 6076 6077 6078 6079 6080 6081
Senate Bill Nos. 1417 1418 1419 1420 1421 1422 1423
The Clerk announced the enrollment printing and presentation to the Governor on Tuesday, October 10, for his approval of the following bills:
Enrolled House Bill No. 5063 at 11:33 a.m.
Enrolled House Bill No. 5153 at 11:35 a.m.
Enrolled House Bill No. 5321 at 11:37 a.m.
Enrolled House Bill No. 5754 at 11:39 a.m.
Enrolled House Bill No. 5803 at 11:41 a.m.
Enrolled House Bill No. 5919 at 11:43 a.m.
Enrolled House Bill No. 5921 at 11:45 a.m.
The Clerk announced that the following Senate bill had been received on Thursday, November 9:
Senate Bill No. 267
By unanimous consent the House returned to the order of
Messages from the Senate
House Bill No. 5153, entitled
A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 9c (MCL 211.9c).
The Senate has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The House agreed to the full title.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor on October 6, 2000.
House Bill No. 5321, entitled
A bill to amend 1959 PA 203, entitled "Emergency interim local succession act," by amending sections 4 and 5 (MCL 31.104 and 31.105); and to repeal acts and parts of acts.
The Senate has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The House agreed to the full title.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor on October 6, 2000.
House Bill No. 4335, entitled
A bill to amend 1967 PA 150, entitled "Michigan military act," by amending section 411 (MCL 32.811), as amended by 1996 PA 497.
The Senate has substituted (S-1) the bill.
The Senate has passed the bill as substituted (S-1), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The Speaker announced that pursuant to Rule 45, the bill was laid over one day.
House Bill No. 4532, entitled
A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 231a (MCL 750.231a).
The Senate has substituted (S-1) the bill.
The Senate has passed the bill as substituted (S-1), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The Speaker announced that pursuant to Rule 45, the bill was laid over one day.
House Bill No. 5296, entitled
A bill to amend 1954 PA 188, entitled "An act to provide for the making of certain improvements by townships; to provide for paying for the improvements by the issuance of bonds; to provide for the levying of taxes; to provide for assessing the whole or a part of the cost of improvements against property benefited; and to provide for the issuance of bonds in anticipation of the collection of special assessments and for the obligation of the township on the bonds," by amending section 4a (MCL 41.724a), as amended by 1986 PA 180.
The Senate has amended the bill as follows:
1. Amend page 2, line 13, after "hearing." by striking out the balance of the line through "AVAILABLE" on line 15 and inserting "IF A PUBLISHED NOTICE INCLUDES A LIST OF THE PROPERTY IDENTIFICATION NUMBERS OF THE PROPERTY TO BE ASSESSED, THAT LIST MAY PROVIDE EITHER THE INDIVIDUAL PROPERTY IDENTIFICATION NUMBER FOR EACH PARCEL OF PROPERTY TO BE ASSESSED OR 1 OR MORE SEQUENTIAL SETS OF PROPERTY IDENTIFICATION NUMBERS, WHICH INCLUDE EACH PARCEL OF PROPERTY TO BE ASSESSED. IF A PUBLISHED NOTICE INCLUDES A LIST OF THE PROPERTY IDENTIFICATION NUMBERS OF THE PROPERTY TO BE ASSESSED, THAT PUBLISHED NOTICE SHALL ALSO INCLUDE EITHER A MAP DEPICTING THE AREA OF THE PROPOSED SPECIAL ASSESSMENT DISTRICT OR A WRITTEN DESCRIPTION OF THE PROPOSED SPECIAL ASSESSMENT DISTRICT".
The Senate has passed the bill as amended and ordered that it be given immediate effect.
The Speaker announced that pursuant to Rule 45, the bill was laid over one day.
House Bill No. 5677, entitled
A bill to amend 1931 PA 328, entitled "The Michigan penal code," (MCL 750.1 to 750.568) by adding section 411r.
The Senate has amended the bill as follows:
1. Amend page 5, following line 16, by inserting:
"Enacting section 1. This amendatory act takes effect February 1, 2001.".
The Senate has passed the bill as amended, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The Speaker announced that pursuant to Rule 45, the bill was laid over one day.
House Bill No. 5681, entitled
A bill to amend 1905 PA 282, entitled "An act to provide for the assessment of the property, by whomsoever owned, operated or conducted, of railroad companies, union station and depot companies, telegraph companies, telephone companies, sleeping car companies, express companies, car loaning companies, stock car companies, refrigerator car companies, and fast freight companies, and all other companies owning, leasing, running or operating any freight, stock, refrigerator, or any other cars, not being exclusively the property of any railroad company paying taxes upon its rolling stock under the provisions of this act, over or upon the line or lines of any railroad or railroads in this state, and for the levy of taxes thereon by a state board of assessors, and for the collection of such taxes, and to repeal all acts or parts of acts contravening any of the provisions of this act," (MCL 207.1 to 207.21) by adding section 13a.
The Senate has substituted (S-1) the bill.
The Senate has passed the bill as substituted (S-1) and ordered that it be given immediate effect.
The Speaker announced that pursuant to Rule 45, the bill was laid over one day.
Senate Bill No. 267, entitled
A bill to amend 1986 PA 182, entitled "State police retirement act of 1986," by amending sections 3, 14, 25, and 26 (MCL 38.1603, 38.1614, 38.1625, and 38.1626), section 3 as amended by 1995 PA 192, section 14 as amended by 1989 PA 191, and section 26 as amended by 1991 PA 53, and by adding sections 13a and 40b.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Appropriations.
Senate Bill No. 342, entitled
A bill to amend 1961 PA 88, entitled "Reciprocal retirement act," by amending section 4 (MCL 38.1104), as amended by 1990 PA 274.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Appropriations.
Senate Bill No. 764, entitled
A bill to amend 1945 PA 327, entitled "Aeronautics code of the state of Michigan," by amending sections 9 and 151 (MCL 259.9 and 259.151), as amended by 1996 PA 370.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Local Government and Urban Policy.
Senate Bill No. 765, entitled
A bill to amend 1921 PA 207, entitled "City and village zoning act," by amending sections 1, 4, and 20 (MCL 125.581, 125.584, and 125.600), section 1 as amended by 1995 PA 36 and section 20 as added by 1996 PA 571.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Local Government and Urban Policy.
Senate Bill No. 1093, entitled
A bill to amend 1931 PA 328, entitled "The Michigan penal code," by repealing sections 171, 172, 173, and 173a (MCL 750.171, 750.172, 750.173, and 750.173a).
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Criminal Law and Corrections.
Senate Bill No. 1094, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 16i of chapter XVII (MCL 777.16i), as added by 1998 PA 317.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Criminal Law and Corrections.
Senate Bill No. 1144, entitled
A bill to amend 1925 PA 12, entitled "An act to provide for the laying out and establishing of additional trunk line mileage; to make all roads that have been improved as federal aid projects, and all roads that have been, or that may hereafter be, approved for federal aid, trunk line highways; to provide for the widening, altering or straightening of trunk line highways; to provide for the abandonment, alteration or change of any portion of the trunk line highway; and to repeal all acts and parts of acts inconsistent herewith," by repealing section 2 (MCL 250.112).
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Transportation.
Senate Bill No. 1152, entitled
A bill to repeal 1927 PA 98, entitled "An act authorizing the state highway commissioner of the state of Michigan to enter into an agreement with the Wisconsin state highway commission to construct an interstate bridge project extending from approximately the intersection of Ogden avenue and Chandler street in the city of Menominee, Michigan, in a straight line terminating at the approximate center of Dunlap square in the city of Marinette, Wisconsin, and to provide for the cost and expense thereof," (MCL 254.121 to 254.123).
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Transportation.
Senate Bill No. 1153, entitled
A bill to repeal 1955 PA 191, entitled "An act authorizing the state highway commissioner of Michigan to enter into negotiations with the Wisconsin state highway commissioner in the preparation of plans, specifications and designs of an interstate bridge extending from First street in Menominee across the Menominee river to Ogden street in Marinette, Wisconsin, and to provide for the cost and expense of such plans, specifications and designs," (MCL 254.131).
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Transportation.
Senate Bill No. 1180, entitled
A bill to amend 1985 PA 87, entitled "Crime victim's rights act," by amending sections 2, 3, 5, 6, 8, 11, 13a, 14, 15, 16, 18a, 19, 21, 31, 32, 35, 36, 38, 39, 41, 41a, 42, 43, 44, 46, 46a, 48, 61, 63, 65, 66, 68, 71, 74, 75, 76, 78, and 78a (MCL 780.752, 780.753, 780.755, 780.756, 780.758, 780.761, 780.763a, 780.764, 780.765, 780.766, 780.768a, 780.769, 780.771, 780.781, 780.782, 780.785, 780.786, 780.788, 780.789, 780.791, 780.791a, 780.792, 780.793, 780.794, 780.796, 780.796a, 780.798, 780.811, 780.813, 780.815, 780.816, 780.818, 780.821, 780.824, 780.825, 780.826, 780.828, and 780.828a), sections 2, 6, 13a, 31, 36, 41a, and 48 as amended by 1998 PA 523, sections 3, 5, 18a, 32, 35, 41, 43, 46, 63, 66, and 78 as amended and section 46a as added by 1993 PA 341, sections 16 and 76 as amended by 1998 PA 232, sections 19 and 78a as amended by 1996 PA 105, sections 38, 39, and 42 as added by 1988 PA 22, section 44 as amended by 1996 PA 562, section 61 as amended by 1996 PA 82, and sections 65, 68, 71, 74, and 75 as added by 1988 PA 21, and by adding sections 16a, 36b, 44a, and 76a.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Criminal Law and Corrections.
Senate Bill No. 1337, entitled
A bill to authorize the state administrative board to convey certain state owned property in Jackson county in exchange for certain other parcels in Jackson county; to prescribe certain conditions for that exchange; and to provide for certain powers and duties of the department of management and budget, the department of corrections, and the attorney general in regard to that exchange.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Local Government and Urban Policy.
Senate Bill No. 1343, entitled
A bill to authorize the department of natural resources to convey certain state owned property in Macomb county; to prescribe conditions for the conveyance; and to provide for disposition of the revenue from the conveyance.
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. 1345, entitled
A bill to amend 1975 PA 228, entitled "Single business tax act," by amending sections 35 and 35a (MCL 208.35 and 208.35a), section 35 as amended by 1998 PA 240 and section 35a as amended by 2000 PA 44.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Senate Bill No. 1346, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 710g (MCL 257.710g), as added by 2000 PA 282.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Transportation.
Senate Bill No. 1348, entitled
A bill to create the office of state poet laureate in the executive branch; to provide for the appointment and term of certain state officers; and to impose duties and responsibilities on certain state officers.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on House Oversight and Operations.
Senate Bill No. 1365, entitled
A bill to authorize the department of management and budget to convey certain state owned property in the county of Jackson in exchange for certain other property in the county of Jackson.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Local Government and Urban Policy.
House Concurrent Resolution No. 120.
A concurrent resolution prescribing the legislative schedule.
(For text of resolution, see House Journal No. 62, p. 2278.)
The Senate has adopted the concurrent resolution.
The concurrent resolution was referred to the Clerk for record.
Messages from the Governor
The following message from the Governor was received October 17, 2000 and read:
EXECUTIVE ORDER
No. 2000 - 11
Michigan Education Assessment Program Subject Area Blue Ribbon Advisory Committees
Department of Treasury
WHEREAS, the Michigan Education Assessment Program ("MEAP") has been a nationally recognized state assessment program since the early 1970's. It is increasingly important that parents, students, teachers, administrators and citizens have a clear understanding of the purpose, role and nature of the MEAP assessments; and
WHEREAS, the Michigan Merit Award Board ("Board") was established as part of the Michigan Merit Award Scholarship Act, Act No. 94 of the Public Acts of 1999, being Section 390.1451 et seq. of the Michigan Compiled Laws; and
WHEREAS, the Board is statutorily charged with administering the Michigan Merit Award Program ("Program") for which a primary eligibility requirement is that a student meet or exceed state standards of the MEAP subject area assessments in reading and writing, mathematics and science; and
WHEREAS, for assessments administered after January 1, 2000, the Board must review and approve the assessments before they may be used to determine eligibility under the Program; and
WHEREAS, subject matter experts in reading and writing, math, science and social studies are recognized both in Michigan and nationally. These individuals are available to lend their expertise to provide greater public understanding and credibility to Michigan's student assessment program; and
WHEREAS, these subject matter experts will work on the MEAP Subject Area Blue Ribbon Advisory Committees to review and analyze the structure and questions contained on MEAP tests. Together, these experts will help create the best possible assessment program for Michigan.
NOW, THEREFORE, I, John Engler, Governor of the state of Michigan, pursuant to the powers vested in me by the Constitution of the state of Michigan of 1963 and the laws of the state of Michigan, do hereby order the following:
A. ESTABLISHMENT OF THE MEAP SUBJECT AREA BLUE RIBBON ADVISORY COMMITTEES
1. The MEAP Subject Area Blue Ribbon Advisory Committees ("Committees") are hereby established within the Department of Treasury. A separate Committee shall be formed for reading and writing, math, science and social studies. Each Committee shall have five (5) members appointed by the Governor.
2. Members of the Committees shall serve without compensation. Members of the Committees may receive reimbursement for necessary travel and expenses according to relevant procedures of the Department of Management and Budget and Civil Service Commission rules and regulations.
3. Members of the Committees shall attend Committee meetings and shall not delegate their responsibilities to other persons. The members of the Committees shall serve at the pleasure of the Governor. The State Treasurer shall appoint one member of each Committee as chairperson and such member shall serve as chairperson at the pleasure of the State Treasurer. The Michigan Department of Treasury shall staff the Committees.
4. The Committees shall meet at least annually.
B. DUTIES
1.The Committees are charged with considering and making recommendations to the Board regarding the following:
a. Improved clarity of early elementary, later elementary, middle school and high school benchmarks that support state educational content standards;
b. Review assessment plans for 2002-2003, subsequent changes to layout of the proposed tests, including format and scoring criteria, multiple choice and constructed response items, including scoring rubrics and scored papers;
c. Suggest changes in content, process or format, shifts in emphasis to strengthen the practical connections of tests in the content area, and improvements needed in reporting for parents and students; and
d. Assess the test strengths and weaknesses, in light of student needs in the content area, and assess the test and the development process for reasonableness.
All state departments and agencies shall cooperate with the MEAP Subject Area Blue Ribbon Advisory Committees in the performance of their responsibilities. The Committees may request, and state agencies and departments shall provide, such information and assistance as is required by the Committees in the discharge of their responsibilities.
It is critical that the MEAP assessments continue to be as reliable, valid and useful as possible and that they properly assess the skill and knowledge that Michigan expects of its students at key points in the K-12 academic progression. The Michigan Education Assessment Program Subject Area Blue Ribbon Advisory Committees will provide valuable input to this process and the net effect will be an improved Michigan Education Assessment Program.
The provisions of this Executive Order shall become effective upon filing.
[SEAL] Given under my hand and the Great Seal of the state of Michigan this 17th day of October, in the Year of our Lord, Two Thousand.
John Engler
Governor
By the Governor:
Candice S. Miller
Secretary of State
The message was referred to the Clerk.
The following message from the Governor was received October 31, 2000 and read:
EXECUTIVE ORDER
No. 2000 - 12
Carl D. Perkins Vocational and Technical
Education Act of 1998
Department of Career Development
State Administrative Board
Executive Reorganization
WHEREAS, Article V, Section 2 of the Constitution of the state of Michigan of 1963 empowers the Governor to make changes in the organization of the Executive Branch or in the assignment of functions among its units which he considers necessary for efficient administration; and
WHEREAS, Executive Order No. 1999-12 transferred the day-to-day administrative powers, duties, functions, and responsibilities under the Perkins Act to the Department of Career Development; and
WHEREAS, the purpose of the Carl D. Perkins Vocational and Technical Education Act of 1998, 20 USC 2301 et seq., as amended, ("Perkins Act") is to provide federal funds to fully develop the academic, vocational, and technical skills of secondary students and post-secondary students who elect to enroll in vocational and technical education programs; and
WHEREAS, although the 1998 amendments to the federal Perkins Act intended to provide states more flexibility in assigning Perkins-related administration to an eligible state entity, the United States Department of Education still adheres to the policy that oversight responsibility must be administered by a board; and
WHEREAS, the State Administrative Board was created by Act No. 2 of the Public Acts of 1921, as amended, being Sections 17.1 et seq. of the Michigan Compiled Laws, and is composed of the Governor, Lieutenant Governor, Attorney General, Secretary of State, Superintendent of Public Instruction, and State Treasurer; and
WHEREAS, the State Administrative Board exercises general supervisory control over the functions and activities of all administrative departments, boards, commissioners and officers of the state and its institutions.
NOW, THEREFORE, I, John Engler, Governor of the state of Michigan, pursuant to the powers vested in me by the Constitution of the state of Michigan of 1963 and the laws of the state of Michigan, do hereby order the following:
I. TRANSFER OF FUNCTIONS
All of the administrative statutory powers, duties, functions and responsibilities of the Department of Career Development to administer the Carl D. Perkins Vocational and Technical Education Act, 20 USC 2301 et seq., as amended, are hereby transferred to the State Administrative Board by a Type II transfer, as defined by Section 3 of Act No. 380 of the Public Acts of 1965, being Section 16.103 of the Michigan Compiled Laws.
II. RESPONSIBILITIES
A. The State Administrative Board is hereby designated as the state "eligible agency" for the supervision of the administration of the responsibilities of vocational and technical education pursuant to the Perkins Act.
B. The responsibilities of the State Administrative Board shall include:
1. Coordination of the development, submission, and implementation of the Perkins state plan, and the evaluation of the program, services, and activities assisted under Perkins, including preparation for nontraditional training and employment; and
2. Consultation with the Governor and appropriate agencies, groups, and individuals including parents, students, teachers, representatives of businesses, labor organizations, eligible recipients, state and local officials, and local program administrators, involved in the planning, administration, evaluation, and coordination of programs funded under Perkins; and
3. Convening and meeting at such times as the Board determines necessary to carry out the Board's responsibilities under Perkins, but not less than four times annually; and
4. The adoption of such procedures as the Board considers necessary to:
(a) implement state level coordination with the activities undertaken by the State Board of Education under Section 111 of Public Law 105-220; and
(b) make available to the service delivery system under Section 121 of Public Law 105-220 within the state a listing of all school dropout, postsecondary, and adult programs assisted under Perkins.
C. The Department of Career Development shall retain all other permissible administrative matters of vocational and technical education pursuant to state law and the Perkins Act.
III. IMPLEMENTATION OF THE EXECUTIVE ORDER
A. Nothing in this Executive Order should be construed to diminish the constitutional authority of the State Board of Education to provide leadership and general supervision over all public education, including adult education and instructional programs in state institutions, except as to institutions of higher education granting baccalaureate degrees, and its authority to serve as the general planning and coordinating body for all public education including higher education, and to advise the legislature as to the financial requirements in connection therewith.
B. The Director of the Department of Career Development and the Chairperson of the State Administrative Board shall provide executive direction and supervision for the implementation of the transferred functions in such ways as to promote efficient administration and shall make internal organizational changes as may be administratively necessary to complete the realignment of responsibilities prescribed by this Order.
C. All records, personnel, property and funds used, held, employed or to be made available to the Department of Career Development for the activities transferred herein are hereby transferred to the State Administrative Board.
D. The State Budget Director shall determine and authorize the most efficient manner possible for handling financial transactions and records in the state's financial management system for the remainder of the fiscal year.
E. All rules, orders, contracts, and agreements relating to the assigned functions lawfully adopted prior to the effective date of this Order shall continue to be in effect until revised, amended, or rescinded.
F. Any suit, action, or other proceeding lawfully commenced by, against, or before any entity affected by this Order shall not abate by reason of the taking effect of this Order. Any suit, action, or other proceeding may be maintained by, against, or before the appropriate successor of any entity affected by this Order.
G. If a court or other entity with proper jurisdiction finds any portion of this Order to be invalid, such invalidity shall not affect the remaining portions of the Order that can be given effect without the invalid portion. Any portions found invalid shall be severable from the remaining portions of this Order.
In fulfillment of the requirement of Article V, Section 2, of the Constitution of the state of Michigan of 1963, the provisions of this Executive Order shall become effective sixty days (60) from the filing of this Order.
[SEAL] Given under my hand and the Great Seal of the state of Michigan this 31st day of October, in the Year of our Lord, Two Thousand.
John Engler
Governor
By the Governor:
Candice S. Miller
Secretary of State
The message was referred to the Clerk.
The following messages from the Governor, approving and signing the following bills at the times designated below, were received and read:
Date: October 9, 2000
Time: 3:35 p.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 4996 (Public Act No. 299, I.E.), being
An act to amend 1967 PA 119, entitled "An act regulating the use of chemical agents containing toxic chemicals or organic solvents or both, having the property of releasing toxic vapors; and providing for penalties," by amending the title and section 3 (MCL 752.273) and by adding section 2a; and to repeal acts and parts of acts.
(Filed with the Secretary of State October 11, 2000, at 10:05 a.m.)
Date: October 9, 2000
Time: 3:40 p.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 4997 (Public Act No. 300, I.E.), being
An act to amend 1927 PA 175, entitled "An act to revise, consolidate, and codify the laws relating to criminal procedure and to define the jurisdiction, powers, and duties of courts, judges, and other officers of the court under the provisions of this act; to provide laws relative to the rights of persons accused of criminal offenses and ordinance violations; to provide for the arrest of persons charged with or suspected of criminal offenses and ordinance violations; to provide for bail of persons arrested for or accused of criminal offenses and ordinance violations; to provide for the examination of persons accused of criminal offenses; to regulate the procedure relative to grand juries, indictments, informations, and proceedings before trial; to provide for trials of persons complained of or indicted for criminal offenses and ordinance violations and to provide for the procedure in those trials; to provide for judgments and sentences of persons convicted of criminal offenses and ordinance violations; to establish a sentencing commission and to prescribe its powers and duties; to provide for procedure relating to new trials and appeals in criminal and ordinance violation cases; to provide a uniform system of probation throughout this state and the appointment of probation officers; to prescribe the powers, duties, and compensation of probation officers; to provide penalties for the violation of the duties of probation officers; to provide for procedure governing proceedings to prevent crime and proceedings for the discovery of crime; to provide for fees of officers, witnesses, and others in criminal and ordinance violation cases; to set forth miscellaneous provisions as to criminal procedure in certain cases; to provide penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act," by amending section 17 of chapter XVII (MCL 777.17), as amended by 2000 PA 279.
(Filed with the Secretary of State October 11, 2000, at 10:07 a.m.)
Date: October 10, 2000
Time: 2:15 p.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 5391 (Public Act No. 301, I.E.), being
An act to amend 1967 PA 281, entitled "An act to meet deficiencies in state funds by providing for the imposition, levy, computation, collection, assessment, and enforcement by lien and otherwise of taxes on or measured by net income; to prescribe the manner and time of making reports and paying the taxes, and the functions of public officers and others as to the taxes; to permit the inspection of the records of taxpayers; to provide for interest and penalties on unpaid taxes; to provide exemptions, credits and refunds of the taxes; to prescribe penalties for the violation of this act; to provide an appropriation; and to repeal certain acts and parts of acts," by amending section 30 (MCL 206.30), as amended by 1999 PA 181.
(Filed with the Secretary of State October 11, 2000, at 10:10 a.m.)
Date: October 14, 2000
Time: 3:05 p.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 5556 (Public Act No. 302, I.E.), being
An act to amend 1978 PA 368, entitled "An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates," by amending sections 7401a, 7410, 7410a, and 7521 (MCL 333.7401a, 333.7410, 333.7410a, and 333.7521), section 7401a as added by 1998 PA 319, section 7410 as amended by 1999 PA 188, section 7410a as added by 1998 PA 261, and section 7521 as amended by 1990 PA 30, and by adding section 7401b.
(Filed with the Secretary of State October 16, 2000, at 10:30 a.m.)
Date: October 14, 2000
Time: 3:08 p.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 5321 (Public Act No. 303, I.E.), being
An act to amend 1959 PA 203, entitled "An act to provide, in the event of an emergency resulting from disaster occurring in this state caused by an enemy attack upon the United States, for prompt and temporary succession to the powers and duties of local political subdivision offices, the incumbents of which may become unavailable for exercising the powers and discharging the duties of such offices, by authorizing local political subdivisions to enact resolutions and ordinances relating to continuity of local government; and to authorize local political subdivisions of this state to establish emergency temporary locations for their seats of government and to exercise governmental powers and functions thereat," by amending sections 4 and 5 (MCL 31.104 and 31.105); and to repeal acts and parts of acts.
(Filed with the Secretary of State October 16, 2000, at 10:32 a.m.)
Date: October 14, 2000
Time: 3:10 p.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 5557 (Public Act No. 304, I.E.), being
An act to amend 1927 PA 175, entitled "An act to revise, consolidate, and codify the laws relating to criminal procedure and to define the jurisdiction, powers, and duties of courts, judges, and other officers of the court under the provisions of this act; to provide laws relative to the rights of persons accused of criminal offenses and ordinance violations; to provide for the arrest of persons charged with or suspected of criminal offenses and ordinance violations; to provide for bail of persons arrested for or accused of criminal offenses and ordinance violations; to provide for the examination of persons accused of criminal offenses; to regulate the procedure relative to grand juries, indictments, informations, and proceedings before trial; to provide for trials of persons complained of or indicted for criminal offenses and ordinance violations and to provide for the procedure in those trials; to provide for judgments and sentences of persons convicted of criminal offenses and ordinance violations; to establish a sentencing commission and to prescribe its powers and duties; to provide for procedure relating to new trials and appeals in criminal and ordinance violation cases; to provide a uniform system of probation throughout this state and the appointment of probation officers; to prescribe the powers, duties, and compensation of probation officers; to provide penalties for the violation of the duties of probation officers; to provide for procedure governing proceedings to prevent crime and proceedings for the discovery of crime; to provide for fees of officers, witnesses, and others in criminal and ordinance violation cases; to set forth miscellaneous provisions as to criminal procedure in certain cases; to provide penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act," by amending sections 13 and 18 of chapter XVII (MCL 777.13 and 777.18), as amended by 2000 PA 279.
(Filed with the Secretary of State October 16, 2000, at 10:34 a.m.)
Date: October 14, 2000
Time: 3:15 p.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 5537 (Public Act No. 305, I.E.), being
An act to authorize and provide the terms and conditions under which information and signatures can be transmitted, received, and stored by electronic means.
(Filed with the Secretary of State October 16, 2000, at 10:36 a.m.)
Date: October 14, 2000
Time: 3:30 p.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 5754 (Public Act No. 307, I.E.), being
An act to amend 1965 PA 314, entitled "An act to authorize the investment of assets of public employee retirement systems or plans created and established by the state or any political subdivision; to provide for the payment of certain costs and investment expenses; to authorize investment in variable rate interest loans; to define and limit the investments which may be made by an investment fiduciary with the assets of a public employee retirement system; and to prescribe the powers and duties of investment fiduciaries and certain state departments and officers," by amending sections 12b, 12c, 12d, 13, 13a, 14, 16, 17, 19, 20a, 20c, 20d, and 20e (MCL 38.1132b, 38.1132c, 38.1132d, 38.1133, 38.1133a, 38.1134, 38.1136, 38.1137, 38.1139, 38.1140a, 38.1140c, 38.1140d, and 38.1140e), sections 12b, 12c, and 12d as added and sections 13, 14, 16, 17, 19, 20a, 20d, and 20e as amended by 1996 PA 485, section 13a as added by 1998 PA 343, and section 20c as amended by 1997 PA 42; and to repeal acts and parts of acts.
(Filed with the Secretary of State October 16, 2000, at 10:40 a.m.)
Date: October 17, 2000
Time: 10:05 a.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 5919 (Public Act No. 312, I.E.), being
An act to amend 1998 PA 386, entitled "An act to codify, revise, consolidate, and classify aspects of the law relating to wills and intestacy, relating to the administration and distribution of estates of certain individuals, relating to trusts, and relating to the affairs of certain individuals under legal incapacity; to provide for the powers and procedures of the court that has jurisdiction over these matters; to provide for the validity and effect of certain transfers, contracts, and deposits that relate to death; to provide procedures to facilitate enforcement of certain trusts; and to repeal acts and parts of acts," by amending sections 5306, 5313, 5417, and 5418 (MCL 700.5306, 700.5313, 700.5417, and 700.5418), section 5313 as amended by 2000 PA 54, and by adding section 5520.
(Filed with the Secretary of State October 17, 2000, at 2:20 p.m.)
Date: October 17, 2000
Time: 10:07 a.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 5921 (Public Act No. 313, I.E.), being
An act to amend 1998 PA 386, entitled "An act to codify, revise, consolidate, and classify aspects of the law relating to wills and intestacy, relating to the administration and distribution of estates of certain individuals, relating to trusts, and relating to the affairs of certain individuals under legal incapacity; to provide for the powers and procedures of the court that has jurisdiction over these matters; to provide for the validity and effect of certain transfers, contracts, and deposits that relate to death; to provide procedures to facilitate enforcement of certain trusts; and to repeal acts and parts of acts," by amending section 5314 (MCL 700.5314), as amended by 2000 PA 54.
(Filed with the Secretary of State October 17, 2000, at 2:22 p.m.)
Date: October 24, 2000
Time: 10:20 a.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 5153 (Public Act No. 317, I.E.), being
An act to amend 1893 PA 206, entitled "An act to provide for the assessment of rights and interests, including leasehold interests, in property and the levy and collection of taxes on property, and for the collection of taxes levied; making those taxes a lien on the property taxed, establishing and continuing the lien, providing for the sale or forfeiture and conveyance of property delinquent for taxes, and for the inspection and disposition of lands bid off to the state and not redeemed or purchased; to provide for the establishment of a delinquent tax revolving fund and the borrowing of money by counties and the issuance of notes; to define and limit the jurisdiction of the courts in proceedings in connection with property delinquent for taxes; to limit the time within which actions may be brought; to prescribe certain limitations with respect to rates of taxation; to prescribe certain powers and duties of certain officers, departments, agencies, and political subdivisions of this state; to provide for certain reimbursements of certain expenses incurred by units of local government; to provide penalties for the violation of this act; and to repeal acts and parts of acts," by amending section 9c (MCL 211.9c).
(Filed with the Secretary of State October 24, 2000, at 11:20 a.m.)
Date: October 24, 2000
Time: 10:25 a.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 5063 (Public Act No. 318, I.E.), being
An act to amend 1964 PA 170, entitled "An act to make uniform the liability of municipal corporations, political subdivisions, and the state, its agencies and departments, officers, employees, and volunteers thereof, and members of certain boards, councils, and task forces when engaged in the exercise or discharge of a governmental function, for injuries to property and persons; to define and limit this liability; to define and limit the liability of the state when engaged in a proprietary function; to authorize the purchase of liability insurance to protect against loss arising out of this liability; to provide for defending certain claims made against public officers and paying damages sought or awarded against them; to provide for the legal defense of public officers and employees; to provide for reimbursement of public officers and employees for certain legal expenses; and to repeal certain acts and parts of acts," by amending section 7 (MCL 691.1407), as amended by 1999 PA 241.
(Filed with the Secretary of State October 24, 2000, at 11:23 a.m.)
Date: October 24, 2000
Time: 10:27 a.m.
To the Speaker of the House of Representatives:
Sir--I have this day approved and signed
Enrolled House Bill No. 5803 (Public Act No. 319, I.E.), being
An act to amend 1978 PA 368, entitled "An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates," by amending section 20175 (MCL 333.20175), as amended by 1993 PA 79.
(Filed with the Secretary of State October 24, 2000, at 11:25 a.m.)
Communications from State Officers
The following communication from Schoolcraft College was received and read:
September 29, 2000
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, 2000.
Sincerely,
Jill O'Sullivan
Executive Director-Financial Services
The communication was referred to the Clerk.
The following communication from the Department of Environmental Quality was received and read:
October 5, 2000
I am pleased to present the Department of Environmental Quality's (Department) report on Efforts to Increase Public Access to Environmental Information. This report is being submitted to the Legislature in accordance with Section 801 of Fiscal Year 1999 Appropriation Bill for the Department.
The report summarizes the status of two projects the Department undertook to facilitate convenient public access to information on the performance of individual facilities in complying with the federal and state environmental laws. The two projects covered are:
* The Facility Profiler Project, also known as the Facility/Site Identification Project, and
* The Community Environmental Awareness Project (CEAP) KIOSK Project.
If you have comments or questions about this report, please contact Mr. Paul Zugger, Chief, Environmental Assistance Division, at 517-241-0490, or you may contact me.
Sincerely,
Russell J. Harding
Director
The communication was referred to the Clerk.
The following communications from the Auditor General was received and read:
October 5, 2000
Enclosed is a copy of the following audit report and/or executive digest:
Performance Audit of the
Western Wayne Correctional Facility
and Camp Brighton
Department of Corrections
October 2000
October 18, 2000
Enclosed is a copy of the following audit report and/or executive digest:
Financial Audit, Including the
Provisions of the Single Audit Act, of the
Michigan Department of State Police
October 1, 1997 through September 30, 1999
October 27, 2000
Enclosed is a copy of the following audit report and/or executive digest:
Financial Audit, Including the
Provisions of the Single Audit Act, of the
Department of Treasury
October 1, 1997 through September 30, 1999
November 1, 2000
Enclosed is a copy of the following audit report and/or executive digest:
Financial Audit, Including the
Provisions of the Single Audit Act, of the
Family Independence Agency
October 1, 1996 through September 30, 1999
November 2, 2000
Enclosed is a copy of the following audit report and/or executive digest:
Financial Audit, Including the
Provisions of the Single Audit Act,
of the Department of Community Health
October 1, 1997 through September 30, 1999
November 2, 2000
Enclosed is a copy of the following audit report and/or executive digest:
Performance Audit of the
Federal Cash Management Improvement Act Program
Department of Treasury
November 2000
November 2, 2000
Enclosed is a copy of the following audit report and/or executive digest:
Performance Audit of the
Saginaw Correctional Facility
Department of Corrections
November 2000
November 3, 2000
Enclosed is a copy of the following audit report and/or executive digest:
Financial Audit, Including the
Provisions of the Single Audit Act, of the
Department of Corrections
October 1, 1997 through September 30, 1999
November 3, 2000
Enclosed is a copy of the following audit report and/or executive digest:
Financial Audit, Including the
Provisions of the Single Audit Act, of the
Department of Consumer and Industry Services
October 1, 1997 through September 30, 1999
Sincerely,
Thomas H. McTavish, C.P.A.
Auditor General
The communications were referred to the Clerk and the accompanying reports referred to the Committee on House Oversight and Operations.
The following communications from the Secretary of State were received and read:
Notices of Filing
Administrative Rules
September 20, 2000
In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6 this is to advise you that the Office of Regulatory Reform, Legal Division filed at 11:33 A.M. this date, administrative rule (00-09-06) for the Department of Consumer and Industry Services, Director's Office, entitled "Personal Protective Equipment", effective 7 days after filing with the Secretary of State.
September 20, 2000
In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6 this is to advise you that the Office of Regulatory Reform, Legal Division filed at 11:35 A.M. this date, administrative rule (00-09-07) for the Department of Consumer and Industry Services, Director's Office, entitled "Noise Exposure for Construction", effective 15 days after filing with the Secretary of State.
September 20, 2000
In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6 this is to advise you that the Office of Regulatory Reform, Legal Division filed at 11:38 A.M. this date, administrative rule (00-09-08) for the Department of Consumer and Industry Services, Director's Office, entitled "Powered Industrial Trucks", effective 7 days after filing with the Secretary of State.
October 2, 2000
In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6 this is to advise you that the Office of Regulatory Reform, Legal Division filed at 10:35 A.M. this date, administrative rule (00-10-01) for the Department of Environmental Quality, Air Quality Division, entitled "Rescission of Part 13, Requirements for Disbursement of Surveillance Fees to Local Units", effective 15 days hereafter.
October 4, 2000
In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6 this is to advise you that the Office of Regulatory Reform, Legal Division filed at 2:50 P.M. this date, administrative rule (00-10-02) for the Department of Consumer and Industry Services, Director's Office, entitled "Lead", effective 15 days hereafter.
October 24, 2000
In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6 this is to advise you that the Office of Regulatory Reform, Legal Division filed at 10:50 A.M. this date, administrative rule (00-10-03) for the Department of Transportation, Aeronautics Commission, entitled "Michigan Seaplane Regulations-Part 20. Seaplane Operations", effective 15 days hereafter.
Sincerely,
Candice S. Miller
Secretary of State
Elena L. Beasley, Manager
Office of the Great Seal
The communications were referred to the Clerk.
Introduction of Bills
Reps. Lemmons, Switalski, Vaughn, Thomas, Hale, Stallworth, Daniels, Quarles, Woodward, Clark, Rison, Minore, Hansen, Wojno, O'Neil, Jacobs, Kilpatrick, Cherry, Brewer, DeRossett, DeWeese, Garza, Reeves, Martinez, Jamnick, Pappageorge, Cassis, Schauer, Voorhees and Hardman introduced
House Bill No. 6082, entitled
A bill to amend 1992 PA 147, entitled "Neighborhood enterprise zone act," by amending section 4 (MCL 207.774), as amended by 1996 PA 242.
The bill was read a first time by its title and referred to the Committee on Economic Development.
Reps. Caul, Ehardt, Howell, Ruth Johnson, Rocca, Stamas, Jansen and DeVuyst introduced
House Bill No. 6083, entitled
A bill to amend 1998 PA 58, entitled "Michigan liquor control code of 1998," (MCL 436.1101 to 436.2303) by adding section 1012.
The bill was read a first time by its title and referred to the Committee on Regulatory Reform.
Reps. Godchaux, Martinez, Cherry, DeHart, Minore, Schermesser, Garza, Quarles, Dennis, Brater, Scott, LaForge, Scranton and Jamnick introduced
House Bill No. 6084, entitled
A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding section 21053f.
The bill was read a first time by its title and referred to the Committee on Insurance and Financial Services.
Reps. Quarles, Martinez, Cherry, DeHart, Minore, Schermesser, Garza, Dennis, Brater, Godchaux, Jacobs, Scott, Scranton, Jamnick and LaForge introduced
House Bill No. 6085, entitled
A bill to amend 1956 PA 218, entitled "The insurance code of 1956," (MCL 500.100 to 500.8302) by adding section 3406o.
The bill was read a first time by its title and referred to the Committee on Insurance and Financial Services.
Reps. Martinez, Godchaux, Cherry, DeHart, Minore, Schermesser, Garza, Quarles, Dennis, Brater, Jacobs, Scott, Scranton, Jamnick and LaForge introduced
House Bill No. 6086, entitled
A bill to amend 1980 PA 350, entitled "The nonprofit health care corporation reform act," (MCL 550.1101 to 550.1704) by adding section 416c.
The bill was read a first time by its title and referred to the Committee on Insurance and Financial Services.
Reps. Martinez, Spade, LaForge, Cherry, DeHart, Minore, Schermesser, Garza, Brater, Dennis, Jacobs, Scott, Jamnick and Bovin introduced
House Bill No. 6087, entitled
A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," (MCL 600.101 to 600.9948) by adding section 2919b.
The bill was read a first time by its title and referred to the Committee on Insurance and Financial Services.
Reps. Martinez, Spade, Cherry, LaForge, DeHart, Minore, Schermesser, Garza, Brater, Dennis, Jacobs, Scott and Jamnick introduced
House Bill No. 6088, entitled
A bill to amend 1972 PA 222, entitled "An act to provide for an official personal identification card; to provide for its form, issuance and use; to regulate the use and disclosure of information obtained from the card; to prescribe the powers and duties of the secretary of state; to prescribe fees; and to prescribe certain penalties for violations," by amending section 2 (MCL 28.292), as amended by 1999 PA 89.
The bill was read a first time by its title and referred to the Committee on Transportation.
Reps. Martinez, Spade, Cherry, LaForge, DeHart, Minore, Schermesser, Garza, Brater, Dennis, Jacobs, Scott and Jamnick introduced
House Bill No. 6089, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 307 (MCL 257.307), as amended by 1999 PA 118.
The bill was read a first time by its title and referred to the Committee on Transportation.
Reps. Hale, Thomas, Garza, Bogardus, Stallworth, Schermesser, DeHart, Clark, Hardman, Rison, Quarles, Brewer, Scott, Cherry, Schauer, Vaughn and Hansen introduced
House Bill No. 6090, entitled
A bill to amend 1990 PA 187, entitled "The pupil transportation act," by amending section 59 (MCL 257.1859), as amended by 1996 PA 170.
The bill was read a first time by its title and referred to the Committee on Education.
Reps. Richardville, Green, Mortimer, Garcia, Ehardt, Cameron Brown, Faunce, DeRossett, Kowall, Hager, Geiger, Patterson, Toy, Koetje, Shackleton, Rocca, Bisbee, Julian, Jansen, Pappageorge, Rick Johnson, Woronchak, Tabor, Sanborn, Spade, Woodward, Schermesser, Wojno, Allen, Richner, Prusi, Vaughn, Jamnick, Frank, Pestka, Neumann, Bradstreet, Raczkowski and DeHart introduced
House Bill No. 6091, entitled
A bill to amend 1988 PA 234, entitled "Michigan Vietnam veterans memorial act," by amending the title and sections 2 and 5 (MCL 35.1052 and 35.1055), section 5 as amended by 1992 PA 122, and by adding section 5a.
The bill was read a first time by its title and referred to the Committee on Veterans Affairs.
Reps. DeHart, LaForge, Schermesser, Scott, Brater, Martinez and Gieleghem introduced
House Bill No. 6092, entitled
A bill to amend 2000 PA 92, entitled "Food law of 2000," (MCL 289.1101 to 289.8111) by adding section 6128.
The bill was read a first time by its title and referred to the Committee on Agriculture and Resource Management.
Reps. DeHart, LaForge, Spade, Schermesser, Scott, Martinez, Jacobs and Garcia introduced
House Bill No. 6093, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," (MCL 257.1 to 257.923) by adding section 803q.
The bill was read a first time by its title and referred to the Committee on Transportation.
Reps. Kuipers, Scranton, Voorhees, Howell, Allen, Patterson, Tabor, Koetje, Toy, Middaugh, Jellema, Stamas, Julian, Gosselin, Jansen, Cassis, DeVuyst, Green, Law, Woronchak, Bisbee, Sanborn, Vear, Richner, Scott, Basham, Rick Johnson, Cameron Brown, Rivet, Richardville, Kukuk, LaSata, Godchaux, Kowall, Hager, DeRossett, Gilbert, DeWeese, Geiger, Caul, Ruth Johnson, Rocca, Byl, Vander Roest, Mead, Pumford, Ehardt, Faunce, Van Woerkom, Bradstreet, Mortimer, Kilpatrick, DeHart, Pestka, Frank, Hardman, Daniels, Raczkowski, O'Neil, Schauer, Jelinek, Lockwood, Hale and Garcia introduced
House Bill No. 6094, entitled
A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding section 21734.
The bill was read a first time by its title and referred to the Committee on Senior Health, Security and Retirement.
Reps. Sanborn, Hager, Bisbee, Law, Shackleton, Rick Johnson, Julian, Van Woerkom, Bishop, Ehardt, Koetje, Pappageorge, Toy, Patterson, Tabor, Gilbert, Richardville, Bradstreet, Kuipers, Vear, Mead, Gosselin, Green, Stamas, Woronchak, Jelinek, Mortimer, DeVuyst, Jansen, Pumford, DeRossett, Vander Roest, Garcia, Kowall, Shulman, Birkholz, Howell, Caul, Ruth Johnson, Rocca, Geiger, Richner, Raczkowski, Allen, Jellema, Byl, Middaugh, DeWeese, Voorhees, LaSata, Faunce and Hart introduced
House Bill No. 6095, entitled
A bill to amend 1967 PA 281, entitled "Income tax act of 1967," (MCL 206.1 to 206.532) by adding section 267.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Rep. Faunce introduced
House Bill No. 6096, entitled
A bill to amend 1981 PA 82, entitled "An act to prohibit the use of certain collars or harnesses and leashes on dogs in public places, except by deaf, audibly impaired, or otherwise physically limited persons; and to prescribe penalties," by amending sections 2 and 3 (MCL 752.62 and 752.63), section 2 as amended by 1984 PA 111.
The bill was read a first time by its title and referred to the Committee on Criminal Law and Corrections.
Reps. Woodward, Green, Rick Johnson and Quarles introduced
House Bill No. 6097, entitled
A bill to amend 1976 PA 453, entitled "Elliott-Larsen civil rights act," by amending the title and sections 102, 103, 202, 203, 204, 205, 206, 207, and 302 (MCL 37.2102, 37.2103, 37.2202, 37.2203, 37.2204, 37.2205, 37.2206, 37.2207, and 37.2302), the title as amended by 1992 PA 258, section 102 as amended by 1992 PA 124, section 103 as amended by 1999 PA 202, and section 202 as amended by 1991 PA 11.
The bill was read a first time by its title and referred to the Committee on Family and Civil Law.
Rep. LaForge introduced
House Bill No. 6098, entitled
A bill to provide for the protection of children through the licensing and regulation of child care organizations; to provide for the establishment of standards of care for child care organizations; to prescribe powers and duties of certain departments of this state and adoption facilitators; to provide penalties; and to repeal acts and parts of acts.
The bill was read a first time by its title and referred to the Committee on Family and Children Services.
Reps. Brewer, Lemmons, Scott and Jacobs introduced
House Bill No. 6099, entitled
A bill to amend 1846 RS 16, entitled "Of the powers and duties of townships, the election and duties of township officers, and the division of townships," (MCL 41.1 to 41.110c) by adding section 59a.
The bill was read a first time by its title and referred to the Committee on Local Government and Urban Policy.
Reps. Brewer, Lemmons, Scott and Jacobs introduced
House Bill No. 6100, entitled
A bill to amend 1933 PA 167, entitled "General sales tax act," by amending section 4g (MCL 205.54g), as amended by 1999 PA 116.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Reps. Brewer, Wojno, Hansen, Garza, Brater, LaForge, Allen, Scott and Jacobs introduced
House Bill No. 6101, entitled
A bill to amend 1984 PA 431, entitled "The management and budget act," by amending section 358 (MCL 18.1358), as amended by 2000 PA 189.
The bill was read a first time by its title and referred to the Committee on Appropriations.
Reps. Brewer and Lemmons introduced
House Bill No. 6102, entitled
A bill to amend 1947 PA 359, entitled "The charter township act," (MCL 42.1 to 42.34) by adding section 14b.
The bill was read a first time by its title and referred to the Committee on Local Government and Urban Policy.
Reps. Brewer and Lemmons introduced
House Bill No. 6103, entitled
A bill to amend 1945 PA 246, entitled "An act to authorize township boards to adopt ordinances and regulations to secure the public health, safety and general welfare; to provide for the establishment of a township police department; to provide for policing of townships by certain law enforcement officers and agencies; to provide for the publication of ordinances; to prescribe powers and duties of township boards and certain local and state officers and agencies; to provide sanctions; and to repeal all acts and parts of acts in conflict with the act," by amending section 7 (MCL 41.187), as added by 1989 PA 78.
The bill was read a first time by its title and referred to the Committee on Local Government and Urban Policy.
Reps. Brewer and Lemmons introduced
House Bill No. 6104, entitled
A bill to amend 1895 PA 3, entitled "The general law village act," (MCL 61.1 to 74.25) by adding section 47 to chapter VII.
The bill was read a first time by its title and referred to the Committee on Local Government and Urban Policy.
Reps. Brewer and Lemmons introduced
House Bill No. 6105, entitled
A bill to amend 1909 PA 278, entitled "The home rule village act," (MCL 78.1 to 78.28) by adding section 24d.
The bill was read a first time by its title and referred to the Committee on Local Government and Urban Policy.
Reps. Brewer and Lemmons introduced
House Bill No. 6106, entitled
A bill to amend 1966 PA 293, entitled "An act to provide for the establishment of charter counties; to provide for the election of charter commissioners; to prescribe their powers and duties; to prohibit certain acts of a county board of commissioners after the approval of the election of a charter commission; to prescribe the mandatory and permissive provisions of a charter; to provide for the exercise by a charter county of certain powers whether or not authorized by its charter; and to prescribe penalties and provide remedies," (MCL 45.501 to 45.521) by adding section 14a.
The bill was read a first time by its title and referred to the Committee on Local Government and Urban Policy.
Reps. Brewer and Lemmons introduced
House Bill No. 6107, entitled
A bill to amend 1973 PA 139, entitled "An act to provide forms of county government; to provide for county managers and county executives and to prescribe their powers and duties; to abolish certain departments, boards, commissions, and authorities; to provide for transfer of certain powers and functions; to prescribe powers of a board of county commissioners and elected officials; to provide organization of administrative functions; to transfer property; to retain ordinances and laws not inconsistent with this act; to provide methods for abolition of a unified form of county government; and to prescribe penalties and provide remedies," (MCL 45.551 to 45.573) by adding section 6b.
The bill was read a first time by its title and referred to the Committee on Local Government and Urban Policy.
Reps. Brewer and Lemmons introduced
House Bill No. 6108, entitled
A bill to amend 1851 PA 156, entitled "An act to define the powers and duties of the county boards of commissioners of the several counties, and to confer upon them certain local, administrative and legislative powers; and to prescribe penalties for the violation of the provisions of this act," (MCL 46.1 to 46.32) by adding section 11d.
The bill was read a first time by its title and referred to the Committee on Local Government and Urban Policy.
Reps. Brewer and Lemmons introduced
House Bill No. 6109, entitled
A bill to amend 1909 PA 279, entitled "The home rule city act," (MCL 117.1 to 117.38) by adding section 5j.
The bill was read a first time by its title and referred to the Committee on Local Government and Urban Policy.
Rep. Gosselin introduced
House Bill No. 6110, entitled
A bill to amend 1984 PA 431, entitled "The management and budget act," (MCL 18.1101 to 18.1594) by adding section 370.
The bill was read a first time by its title and referred to the Committee on Appropriations.
Rep. Koetje introduced
House Bill No. 6111, entitled
A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending sections 225, 821, 821a, and 822 (MCL 600.225, 600.821, 600.821a, and 600.822), section 225 as amended by 1996 PA 388, section 821 as amended by 1998 PA 298, section 821a as added by 1998 PA 100, and section 822 as amended by 1998 PA 313, and by adding section 823.
The bill was read a first time by its title and referred to the Committee on Family and Civil Law.
Reps. Bogardus, Hale, Clark, Garza, Bovin, Jamnick, Gieleghem, Schauer, Clarke, Basham, Rison, LaForge, Tesanovich, Schermesser, DeHart, Neumann, Rivet, Callahan, Brater, Kowall and Daniels introduced
House Bill No. 6112, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 310e (MCL 257.310e), as amended by 1999 PA 40.
The bill was read a first time by its title and referred to the Committee on Transportation.
Rep. Geiger introduced
House Bill No. 6113, entitled
A bill to establish and regulate the court-appointed special advocate program.
The bill was read a first time by its title and referred to the Committee on Family and Civil Law.
Rep. Vear introduced
House Bill No. 6114, 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. Vear, Ehardt and Mortimer introduced
House Bill No. 6115, entitled
A bill to amend 1936 (Ex Sess) PA 1, entitled "Michigan employment security act," by amending section 43 (MCL 421.43), as amended by 1996 PA 145.
The bill was read a first time by its title and referred to the Committee on Employment Relations, Training and Safety.
Reps. Baird, DeHart, Garza, Minore, Schermesser, Dennis, Brater, Jamnick, Richner and Woodward introduced
House Bill No. 6116, entitled
A bill to amend 1985 PA 87, entitled "Crime victim's rights act," by amending sections 2, 15, 31, 43, 61, and 75 (MCL 780.752, 780.765, 780.781, 780.793, 780.811, and 780.825), sections 2 and 31 as amended by 1998 PA 523, section 43 as amended by 1993 PA 341, section 61 as amended by 1996 PA 82, and section 75 as added by 1988 PA 21.
The bill was read a first time by its title and referred to the Committee on Criminal Law and Corrections.
Reps. Baird, LaForge, DeHart, Schermesser, Minore, Dennis, Brater, Martinez, Jacobs, Jamnick, Lemmons and Daniels introduced
House Bill No. 6117, entitled
A bill to amend 1956 PA 218, entitled "The insurance code of 1956," (MCL 500.100 to 500.8302) by adding section 3406p.
The bill was read a first time by its title and referred to the Committee on Insurance and Financial Services.
Reps. Baird, LaForge, DeHart, Garza, Schermesser, Minore, Dennis, Brater, Martinez, Jacobs, Jamnick, Lemmons and Daniels introduced
House Bill No. 6118, entitled
A bill to amend 1980 PA 350, entitled "The nonprofit health care corporation reform act," (MCL 550.1101 to 550.1704) by adding section 416b.
The bill was read a first time by its title and referred to the Committee on Insurance and Financial Services.
Reps. Shackleton, DeHart, Woronchak, Jellema, Voorhees, Richardville, Sanborn, Toy, Faunce, Tabor, Julian, Howell, Ehardt, Gilbert, Kowall and Neumann introduced
House Bill No. 6119, entitled
A bill to create a health insurance benefit for the spouse and children of a police officer who is killed in the line of duty.
The bill was read a first time by its title and referred to the Committee on Insurance and Financial Services.
Reps. Shackleton, DeHart, Woronchak, Jellema, Voorhees, Richardville, Sanborn, Toy, Faunce, Tabor, Julian, Howell, Ehardt, Gilbert, Kowall and Neumann introduced
House Bill No. 6120, entitled
A bill to provide compensation to law enforcement officers who are killed in the line of duty.
The bill was read a first time by its title and referred to the Committee on Appropriations.
Reps. Shackleton, DeHart, Woronchak, Jellema, Voorhees, Richardville, Sanborn, Toy, Faunce, Tabor, Julian, Howell, Ehardt, Gilbert, Kowall and Neumann introduced
House Bill No. 6121, entitled
A bill to amend 1937 PA 345, entitled "Fire fighters and police officers retirement act," by amending sections 6, 6a, and 6b (MCL 38.556, 38.556a, and 38.556b), section 6 as amended by 1991 PA 54, section 6a as amended by 1982 PA 145, and section 6b as added by 1986 PA 30.
The bill was read a first time by its title and referred to the Committee on Senior Health, Security and Retirement.
Reps. Schauer, Kuipers, Stamas, Hart, Pestka and Jansen introduced
House Bill No. 6122, entitled
A bill to amend 1975 PA 228, entitled "Single business tax act," by amending section 23a (MCL 208.23a), as added by 1995 PA 282.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Reps. Brater, Price, Hansen, Woodward, Jacobs, Jamnick, DeHart, Bovin, LaForge, Martinez, Hager, Thomas and Kilpatrick introduced
House Bill No. 6123, entitled
A bill to amend 1974 PA 258, entitled "Mental health code," by amending section 100a (MCL 330.1100a), as amended by 1998 PA 497, and by adding section 208a.
The bill was read a first time by its title and referred to the Committee on Health Policy.
Reps. Jellema, Lockwood, Scranton, Godchaux, Birkholz, LaForge, Richner, Byl, Bovin, Rivet and LaSata introduced
House Bill No. 6124, entitled
A bill to provide for coordinated land use and capital facility planning among cities, villages, townships, counties, regions, and state and federal agencies; to provide for the creation, organization, powers, and duties of planning commissions; to provide for the preparation of capital improvement programs; to provide conditions for funding or construction of capital improvements; to authorize the review of land divisions, plats, and condominium projects; to establish a grant program to assist with the financing of plans; to provide for the powers and duties of certain governmental officials; and to repeal acts and parts of acts.
The bill was read a first time by its title and referred to the Committee on Local Government and Urban Policy.
Reps. Richner, Jellema, Lockwood, Scranton, Godchaux, Birkholz, LaForge, Byl, Rivet, Hart and LaSata introduced
House Bill No. 6125, entitled
A bill to amend 1921 PA 207, entitled "City and village zoning act," by amending section 1 (MCL 125.581), as amended by 1995 PA 36.
The bill was read a first time by its title and referred to the Committee on Local Government and Urban Policy.
Reps. Birkholz, Jellema, Lockwood, Scranton, Godchaux, LaForge, Richner, Byl, Rivet, Hart and LaSata introduced
House Bill No. 6126, entitled
A bill to amend 1943 PA 184, entitled "Township zoning act," by amending section 3 (MCL 125.273).
The bill was read a first time by its title and referred to the Committee on Local Government and Urban Policy.
Reps. Jellema, Lockwood, Scranton, Godchaux, Birkholz, LaForge, Richner, Byl, Rivet, Hart and LaSata introduced
House Bill No. 6127, entitled
A bill to amend 1943 PA 183, entitled "County zoning act," by amending section 3 (MCL 125.203).
The bill was read a first time by its title and referred to the Committee on Local Government and Urban Policy.
Reps. Jellema, Lockwood, Scranton, Godchaux, Birkholz, LaForge, Richner, Byl, Rivet, Hart and LaSata introduced
House Bill No. 6128, entitled
A bill to amend 1945 PA 281, entitled "An act to provide for regional planning; the creation, organization, powers and duties of regional planning commissions; the provision of funds for the use of regional planning commissions; and the supervision of the activities of regional planning commissions under the provisions of this act," (MCL 125.11 to 125.25) by adding section 16.
The bill was read a first time by its title and referred to the Committee on Local Government and Urban Policy.
Rep. Jellema introduced
House Bill No. 6129, 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 section 1a (MCL 247.651a).
The bill was read a first time by its title and referred to the Committee on Local Government and Urban Policy.
Reps. Byl and Jellema introduced
House Bill No. 6130, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding part 10.
The bill was read a first time by its title and referred to the Committee on Local Government and Urban Policy.
Rep. Jamnick introduced
House Bill No. 6131, entitled
A bill to amend 1974 PA 258, entitled "Mental health code," by amending section 1026 (MCL 330.2026).
The bill was read a first time by its title and referred to the Committee on Criminal Law and Corrections.
Rep. Reeves introduced
House Bill No. 6132, entitled
A bill to amend 1939 PA 280, entitled "The social welfare act," by amending section 109 (MCL 400.109), as amended by 2000 PA 168.
The bill was read a first time by its title and referred to the Committee on Insurance and Financial Services.
Rep. Jellema introduced
House Bill No. 6133, entitled
A bill to amend 1991 PA 46, entitled "Eligible domestic relations order act," by amending section 1702 (MCL 38.1702).
The bill was read a first time by its title and referred to the Committee on Senior Health, Security and Retirement.
Rep. Jellema introduced
House Bill No. 6134, entitled
A bill to amend 1986 PA 182, entitled "State police retirement act of 1986," by amending section 43 (MCL 38.1643), as amended by 1991 PA 53.
The bill was read a first time by its title and referred to the Committee on Senior Health, Security and Retirement.
Rep. Jellema introduced
House Bill No. 6135, entitled
A bill to amend 1943 PA 240, entitled "State employees' retirement act," by amending section 40 (MCL 38.40), as amended by 1991 PA 48.
The bill was read a first time by its title and referred to the Committee on Senior Health, Security and Retirement.
Rep. Jellema introduced
House Bill No. 6136, entitled
A bill to amend 1980 PA 300, entitled "The public school employees retirement act of 1979," by amending section 46 (MCL 38.1346), as amended by 1991 PA 47.
The bill was read a first time by its title and referred to the Committee on Senior Health, Security and Retirement.
By unanimous consent the House returned to the order of
Reports of Standing Committees
The Committee on Health Policy, by Rep. Law, Chair, reported
House Resolution No. 402.
A resolution to urge the Department of Community Health to review the effects of obesity on public health and make recommendations for improvements to state prevention efforts.
(For text of resolution, see House Journal No. 60, p. 2164.)
With the recommendation that the resolution be adopted.
The Speaker announced that under Rule 77 the resolution would lie over one day.
Favorable Roll Call
HR 402 To Report Out:
Yeas: Reps. Law, DeWeese, DeRossett, Green, Ruth Johnson, Rocca, Schauer, Dennis, Jacobs, Neumann,
Nays: None.
The Committee on Health Policy, by Rep. Law, Chair, reported
House Concurrent Resolution No. 111.
A concurrent resolution to urge the Department of Community Health to promote programs to identify and address inequities in the prevention, treatment, and research of diseases threatening the health of women.
(For text of resolution, see House Journal No. 58, p. 2078.)
With the recommendation that the concurrent resolution be adopted.
The Speaker announced that under Rule 77 the concurrent resolution would lie over one day.
Favorable Roll Call
HCR 111 To Report Out:
Yeas: Reps. Law, DeWeese, DeRossett, Green, Ruth Johnson, Rocca, Schauer, Dennis, Jacobs, Neumann,
Nays: None.
The Committee on Health Policy, by Rep. Law, Chair, reported
Senate Concurrent Resolution No. 33.
A concurrent resolution to urge the Department of Consumer and Industry Services and the Department of Community Health to review health problems associated with tattooing and body piercing.
(For text of resolution, see House Journal No. 29, p. 625.)
With the recommendation that the concurrent resolution be adopted.
The Speaker announced that under Rule 77 the concurrent resolution would lie over one day.
Favorable Roll Call
SCR 33 To Report Out:
Yeas: Reps. Law, DeWeese, DeRossett, Green, Ruth Johnson, Rocca, Schauer, Dennis, Jacobs, Neumann,
Nays: None.
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Law, Chair of the Committee on Health Policy, was received and read:
Meeting held on: Thursday, November 9, 2000, at 9:30 a.m.,
Present: Reps. Law, DeWeese, DeRossett, Ehardt, Green, Ruth Johnson, Rocca, Schauer, Dennis, Jacobs, Neumann,
Absent: Reps. Gosselin, Raczkowski, Vear, Baird, Reeves, Woodward,
Excused: Reps. Gosselin, Raczkowski, Vear, Baird, Reeves, Woodward.
The Committee on Appropriations, by Rep. Geiger, Chair, reported
Senate Bill No. 911, entitled
A bill to amend 1995 PA 279, entitled "Horse racing law of 1995," by amending section 20 (MCL 431.320), as amended by 1997 PA 73.
With the recommendation that the substitute (H-1) be adopted and that the bill then pass.
The bill and substitute were referred to the order of Second Reading of Bills.
Favorable Roll Call
SB 911 To Report Out:
Yeas: Reps. Geiger, Jellema, Cameron Brown, Caul, Godchaux, Jansen, Jelinek, LaSata, Mead, Mortimer, Pappageorge, Pumford, Stamas, Toy, Cherry, Frank, Kelly, Martinez, Pestka, Prusi,
Nays: None.
The Committee on Appropriations, by Rep. Geiger, Chair, reported
House Concurrent Resolution No. 114.
A concurrent resolution approving the conveyance of property to the State Building Authority and approving a lease among the State of Michigan, the State Building Authority, and Charles Stewart Mott Community College relative to the Charles Stewart Mott Community College Regional Technology Center.
(For text of resolution, see House Journal No. 61, p. 2210.)
With the recommendation that the concurrent resolution be adopted.
The Speaker announced that under Rule 77 the concurrent resolution would lie over one day.
Favorable Roll Call
HCR 114 To Report Out:
Yeas: Reps. Geiger, Jellema, Cameron Brown, Byl, Caul, Godchaux, Jansen, Jelinek, LaSata, Mead, Mortimer, Pappageorge, Pumford, Stamas, Toy, Martinez,
Nays: None.
The Committee on Appropriations, by Rep. Geiger, Chair, reported
House Concurrent Resolution No. 115.
A concurrent resolution approving the conveyance of property to the State Building Authority and approving a lease among the State of Michigan, the State Building Authority, and Northern Michigan University relative to the Northern Michigan University West Science Building Remodeling (Phase II).
(For text of resolution, see House Journal No. 61, p. 2211.)
With the recommendation that the concurrent resolution be adopted.
The Speaker announced that under Rule 77 the concurrent resolution would lie over one day.
Favorable Roll Call
HCR 115 To Report Out:
Yeas: Reps. Geiger, Jellema, Cameron Brown, Byl, Caul, Godchaux, Jansen, Jelinek, LaSata, Mead, Mortimer, Pappageorge, Pumford, Stamas, Toy, Cherry, Frank, Kelly, Martinez, Pestka, Prusi,
Nays: None.
The Committee on Appropriations, by Rep. Geiger, Chair, reported
House Concurrent Resolution No. 117.
A concurrent resolution approving the conveyance of property to the State Building Authority and approving a lease between the State of Michigan and the State Building Authority relative to the Department of Corrections Camp Pugsley Additional Housing Units.
(For text of resolution, see House Journal No. 61, p. 2213.)
With the recommendation that the concurrent resolution be adopted.
The Speaker announced that under Rule 77 the concurrent resolution would lie over one day.
Favorable Roll Call
HCR 117 To Report Out:
Yeas: Reps. Geiger, Jellema, Cameron Brown, Byl, Caul, Godchaux, Jansen, Jelinek, LaSata, Mead, Mortimer, Pappageorge, Pumford, Stamas, Toy, Cherry, Frank, Kelly, Pestka, Prusi,
Nays: None.
The Committee on Appropriations, by Rep. Geiger, Chair, reported
House Concurrent Resolution No. 118.
A concurrent resolution approving the conveyance of property to the State Building Authority and approving a lease between the State of Michigan and the State Building Authority relative to the Department of Corrections Multilevel Correctional Facility at Ionia.
(For text of resolution, see House Journal No. 61, p. 2214.)
With the recommendation that the concurrent resolution be adopted.
The Speaker announced that under Rule 77 the concurrent resolution would lie over one day.
Favorable Roll Call
HCR 118 To Report Out:
Yeas: Reps. Geiger, Jellema, Cameron Brown, Byl, Caul, Godchaux, Jansen, Jelinek, LaSata, Mead, Mortimer, Pappageorge, Pumford, Stamas, Toy, Cherry, Frank, Kelly, Pestka, Prusi,
Nays: Martinez.
The Committee on Appropriations, by Rep. Geiger, Chair, reported
House Concurrent Resolution No. 121.
A concurrent resolution to change the scope of the Pharmacy Building project at Wayne State University.
(For text of resolution, see House Journal No. 63, p. 2304.)
With the recommendation that the concurrent resolution be adopted.
The Speaker announced that under Rule 77 the concurrent resolution would lie over one day.
Favorable Roll Call
HCR 121 To Report Out:
Yeas: Reps. Geiger, Jellema, Cameron Brown, Byl, Caul, Godchaux, Jansen, Jelinek, LaSata, Mead, Pappageorge, Pumford, Stamas, Toy, Cherry, Frank, Kelly, Martinez, Pestka, Prusi,
Nays: None.
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Geiger, Chair of the Committee on Appropriations, was received and read:
Meeting held on: Thursday, November 9, 2000, at 1:00 p.m.,
Present: Reps. Geiger, Jellema, Cameron Brown, Byl, Caul, Godchaux, Jansen, Jelinek, LaSata, Mead, Mortimer, Pappageorge, Pumford, Stamas, Toy, Cherry, Frank, Kelly, Martinez, Pestka, Prusi,
Absent: Reps. Kukuk, Scranton, Price, Clarke, Stallworth, Tesanovich,
Excused: Reps. Kukuk, Scranton, Price, Clarke, Stallworth, Tesanovich.
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Geiger, Chair of the Committee on Appropriations, was received and read:
Meeting held on: Thursday, October 5, 2000, at 9:00 a.m.,
Present: Reps. Geiger, Cameron Brown, Byl, Caul, Jansen, LaSata, Mead, Mortimer, Pumford, Scranton, Stamas, Price, Cherry, Clarke, Frank, Martinez, Prusi,
Absent: Reps. Jellema, Godchaux, Jelinek, Kukuk, Pappageorge, Toy, Kelly, Pestka, Stallworth, Tesanovich,
Excused: Reps. Jellema, Godchaux, Jelinek, Kukuk, Pappageorge, Toy, Kelly, Pestka, Stallworth, Tesanovich.
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Rep. Lockwood moved that the House adjourn.
The motion prevailed, the time being 2:55 p.m.
The Speaker Pro Tempore declared the House adjourned until Tuesday, November 14, at 2:00 p.m.
GARY L. RANDALL
Clerk of the House of Representatives.