No. 31
STATE OF MICHIGAN
JOURNAL
OF THE
House of Representatives
94thLegislature
REGULAR SESSION OF 2007
House Chamber, Lansing, Wednesday, March 28, 2007.
1:30 p.m.
The House was called to order by the Speaker Pro Tempore.
The roll was called by the Clerk of the House of Representatives, who announced that a quorum was present.
Accavitti--present Dillon--present Lahti--present Pearce--present
Acciavatti--present Donigan--present LaJoy--present Polidori--present
Agema--present Ebli--present Law, David--present Proos--present
Amos--present Elsenheimer--present Law, Kathleen--present Robertson--present
Angerer--present Emmons--present LeBlanc--present Rocca--present
Ball--present Espinoza--present Leland--present Sak--present
Bauer--present Farrah--present Lemmons--present Schuitmaker--present
Bennett--present Gaffney--present Lindberg--present Scott--present
Bieda--present Garfield--present Marleau--present Shaffer--present
Booher--present Gillard--present Mayes--present Sheen--present
Brandenburg--present Gonzales--present McDowell--present Sheltrown--present
Brown--present Green--present Meadows--present Simpson--present
Byrnes--present Griffin--present Meekhof--present Smith, Alma--present
Byrum--present Hammel--present Meisner--present Smith, Virgil--present
Calley--present Hammon--present Melton--present Spade--present
Casperson--present Hansen--present Meltzer--present Stahl--present
Caswell--present Hildenbrand--present Miller--present Stakoe--present
Caul--present Hood--present Moolenaar--present Steil--present
Cheeks--present Hoogendyk--present Moore--present Tobocman--present
Clack--present Hopgood--present Moss--present Vagnozzi--present
Clemente--present Horn--present Nitz--present Valentine--present
Condino--present Huizenga--present Nofs--present Walker--present
Constan--present Hune--present Opsommer--present Ward--present
Corriveau--present Jackson--present Palmer--present Warren--present
Coulouris--present Johnson--present Palsrok--present Wenke--present
Cushingberry--present Jones, Rick--present Pastor--present Wojno--present
Dean--present Jones, Robert--present Pavlov--present Young--present
DeRoche--present Knollenberg--present
e/d/s = entered during session
Rep. Edward J. Gaffney, from the 1st District, offered the following invocation:
"Lord we pray that You give us the patience and wisdom that we need to do what is right for the benefit of the people of the State of Michigan.
And we pray You give us the strength of character and the true leadership qualities to rise above partisan politics and petty differences that surface from time to time.
And empower each and every one in this chamber to reach their full potential as human beings.
So we can bloom like a grape; rather than shrink like a raisin in the sun. Amen."
Second Reading of Bills
House Bill No. 4162, entitled
A bill to amend 1976 PA 451, entitled "The revised school code," (MCL 380.1 to 380.1852) by adding section 1310b.
Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Education,
The substitute (H-2) was not adopted, a majority of the members serving not voting therefor.
Rep. Byrnes moved to substitute (H-4) the bill.
The motion prevailed and the substitute (H-4) was adopted, a majority of the members serving voting therefor.
Rep. Byrnes moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
______
The Speaker Pro Tempore called Associate Speaker Pro Tempore Farrah to the Chair.
Rep. Tobocman 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. 4162, entitled
A bill to amend 1976 PA 451, entitled "The revised school code," (MCL 380.1 to 380.1852) by adding section 1310b.
The bill was read a third time.
The question being on the passage of the bill,
Rep. Opsommer moved to amend the bill.
The motion was not seconded.
The question being on the passage of the bill,
Rep. Huizenga moved to amend the bill as follows:
1. Amend page 2, following line 3, by inserting:
"(2) EACH SCHOOL DISTRICT'S, INTERMEDIATE SCHOOL DISTRICT'S, OR PUBLIC SCHOOL ACADEMY'S POLICY SHALL INCLUDE AT LEAST EACH OF THE FOLLOWING COMPONENTS:
(A) A STATEMENT PROHIBITING BULLYING OR HARASSMENT OF A PUPIL.
(B) A DEFINITION OF BULLYING OR HARASSMENT THAT INCLUDES AT LEAST THE ACTS DESCRIBED IN THE DEFINITION IN THIS SECTION.
(C) A DESCRIPTION OF THE TYPE OF BEHAVIOR EXPECTED FROM EACH PUPIL.
(D) AGE-APPROPRIATE CONSEQUENCES AND REMEDIAL ACTION FOR A PERSON WHO VIOLATES THE POLICY.
(E) A PROCEDURE FOR REPORTING AN ACT OF BULLYING OR HARASSMENT, INCLUDING A PROVISION THAT PERMITS A PERSON TO REPORT AN ACT OF BULLYING OR HARASSMENT ANONYMOUSLY. HOWEVER, THIS SUBDIVISION SHALL NOT BE CONSTRUED TO PERMIT FORMAL DISCIPLINARY ACTION SOLELY ON THE BASIS OF AN ANONYMOUS REPORT.
(F) A PROCEDURE FOR PROMPT INVESTIGATION OF REPORTS OF VIOLATIONS AND COMPLAINTS, IDENTIFYING EITHER THE PRINCIPAL OR THE PRINCIPAL'S DESIGNEE AS THE PERSON RESPONSIBLE FOR THE INVESTIGATION. THE POLICY SHALL REQUIRE THE INVESTIGATION TO BE COMPLETED WITHIN 3 SCHOOL DAYS AFTER A REPORT OR COMPLAINT IS MADE.
(G) THE RANGE OF WAYS IN WHICH SCHOOL OFFICIALS WILL RESPOND ONCE AN INCIDENT OF BULLYING OR HARASSMENT IS IDENTIFIED. THE RESPONSES SHALL BE COMMENSURATE WITH THE SEVERITY OF THE INCIDENT AND WITH THE OFFENDER'S RECORD OF BEHAVIOR. THE RANGE OF RESPONSES SHALL INCLUDE REPORTING CRIMINAL ACTIVITY TO APPROPRIATE LAW ENFORCEMENT OFFICERS. IF ACTION IS TAKEN AGAINST A PUPIL IN RESPONSE TO AN INCIDENT, SCHOOL OFFICIALS SHALL INCLUDE A DESCRIPTION OF THE INCIDENT AND OF THE ACTION TAKEN IN THE PUPILS' PERMANENT DISCIPLINARY RECORD.
(H) A STATEMENT THAT PROHIBITS REPRISAL OR RETALIATION AGAINST ANY PERSON WHO REPORTS AN ACT OF BULLYING OR HARASSMENT AND THE CONSEQUENCES AND APPROPRIATE REMEDIAL ACTION FOR A PERSON WHO ENGAGES IN THAT TYPE OF REPRISAL OR RETALIATION.
(I) CONSEQUENCES AND APPROPRIATE REMEDIAL ACTION FOR A PERSON FOUND TO HAVE FALSELY ACCUSED ANOTHER OF BULLYING OR HARASSMENT.
(J) A STATEMENT OF HOW THE POLICY IS TO BE PUBLICIZED, BOTH INITIALLY AND ON AN ONGOING BASIS.
(K) PROVISIONS ENCOURAGING INDIVIDUALS TO REPORT INCIDENTS OF BULLYING OR HARASSMENT TO THE APPROPRIATE SCHOOL OFFICIAL DESIGNATED IN THE POLICY.
(l) A REQUIREMENT THAT A SCHOOL EMPLOYEE WHO HAS WITNESSED AN INCIDENT OF BULLYING OR HARASSMENT OR WHO HAS RELIABLE INFORMATION THAT AN INCIDENT OF BULLYING OR HARASSMENT HAS OCCURRED SHALL REPORT THE INCIDENT TO THE PRINCIPAL OR HIS OR HER DESIGNEE.
(3) THE DEPARTMENT SHALL DEVELOP APPROPRIATE PROCEDURES FOR INVESTIGATING, REPORTING, AND RESPONDING TO VIOLATIONS OF THIS SECTION BY A SCHOOL DISTRICT, INTERMEDIATE SCHOOL DISTRICT, OR PUBLIC SCHOOL.
(4) A BOARD OR BOARD OF DIRECTORS SHALL ENSURE THAT NOTICE OF THE SCHOOL DISTRICT'S, INTERMEDIATE SCHOOL DISTRICT'S, OR PUBLIC SCHOOL ACADEMY'S POLICY UNDER THIS SECTION IS INCLUDED IN ANY PUBLICATION OF THE SCHOOL DISTRICT, INTERMEDIATE SCHOOL DISTRICT, OR PUBLIC SCHOOL ACADEMY THAT SETS FORTH THE COMPREHENSIVE RULES, PROCEDURES, AND STANDARDS OF CONDUCT FOR ITS SCHOOLS AND IN ITS PUPIL HANDBOOKS.
(5) A SCHOOL EMPLOYEE WHO PROMPTLY REPORTS AN INCIDENT OF BULLYING OR HARASSMENT TO THE APPROPRIATE SCHOOL OFFICIAL DESIGNATED BY THE SCHOOL DISTRICT'S, INTERMEDIATE SCHOOL DISTRICT'S, OR PUBLIC SCHOOL ACADEMY'S POLICY AND WHO MAKES THIS REPORT IN COMPLIANCE WITH THE PROCEDURES IN THE POLICY PROHIBITING BULLYING OR HARASSMENT IS NOT LIABLE FOR DAMAGES ARISING FROM ANY FAILURE TO REMEDY THE REPORTED INCIDENT.
(6) PUBLIC SCHOOLS, SCHOOL DISTRICTS, AND INTERMEDIATE SCHOOL DISTRICTS ARE ENCOURAGED TO FORM BULLYING PREVENTION TASK FORCES, PROGRAMS, AND OTHER INITIATIVES INVOLVING SCHOOL STAFF, PUPILS, ADMINISTRATORS, VOLUNTEERS, PARENTS, LAW ENFORCEMENT, AND COMMUNITY MEMBERS, TO ASSIST IN THE IMPLEMENTATION OF THIS SECTION.
(7) EACH SCHOOL DISTRICT, INTERMEDIATE SCHOOL DISTRICT, OR PUBLIC SCHOOL ACADEMY SHALL DO ALL OF THE FOLLOWING:
(A) PROVIDE ANNUAL TRAINING ON THE SCHOOL DISTRICT'S, INTERMEDIATE SCHOOL DISTRICT'S, OR PUBLIC SCHOOL ACADEMY'S BULLYING OR HARASSMENT POLICIES TO SCHOOL EMPLOYEES AND VOLUNTEERS WHO HAVE SIGNIFICANT CONTACT WITH PUPILS.
(B) DEVELOP A PROCESS FOR DISCUSSING BULLYING OR HARASSMENT AND THE BULLYING OR HARASSMENT POLICY WITH PUPILS.
(8) A SCHOOL DISTRICT, INTERMEDIATE SCHOOL DISTRICT, OR PUBLIC SCHOOL ACADEMY SHALL INCORPORATE INFORMATION REGARDING THE SCHOOL DISTRICT, INTERMEDIATE SCHOOL DISTRICT, OR PUBLIC SCHOOL ACADEMY POLICY AGAINST BULLYING OR HARASSMENT INTO EACH SCHOOL'S EMPLOYEE TRAINING PROGRAM.
(9) THIS SECTION DOES NOT PREVENT A VICTIM FROM SEEKING REDRESS UNDER ANY OTHER AVAILABLE LAW, EITHER CIVIL OR CRIMINAL. THIS SECTION DOES NOT CREATE OR ALTER ANY TORT LIABILITY.
(10) THE DEPARTMENT SHALL ESTABLISH A FORM AND PROCEDURE FOR SCHOOL DISTRICTS, INTERMEDIATE SCHOOL DISTRICTS, AND PUBLIC SCHOOL ACADEMIES TO REPORT INCIDENTS OF BULLYING OR HARASSMENT TO THE DEPARTMENT ON AN ANNUAL BASIS AND SHALL MAKE THIS INFORMATION READILY AVAILABLE TO THE PUBLIC.
(11) IF AN INVESTIGATION UNDER THIS SECTION RESULTS IN A REPORT TO A LAW ENFORCEMENT AGENCY, THE LAW ENFORCEMENT AGENCY SHALL INITIATE ITS INVESTIGATION WITHIN 3 DAYS AFTER THE REPORT IS MADE.
(12) UPON REQUEST BY A LAW ENFORCEMENT AGENCY INVESTIGATING A REPORT OR COMPLAINT UNDER THIS SECTION, A SCHOOL DISTRICT, INTERMEDIATE SCHOOL DISTRICT, OR PUBLIC SCHOOL ACADEMY SHALL PROVIDE TO THE LAW ENFORCEMENT AGENCY DIRECTORY INFORMATION CONCERNING ITS PUPILS." and renumbering the remaining subsections.
The motion was seconded and the amendment was not adopted, a majority of the members serving not voting therefor.
The question being on the passage of the bill,
Rep. Pearce moved to amend the bill.
The motion was not seconded.
The question being on the passage of the bill,
Rep. Hoogendyk moved to amend the bill.
The motion was not seconded.
The question being on the passage of the bill,
Rep. Moolenaar moved to amend the bill.
The motion was not seconded.
The question being on the passage of the bill,
Rep. Casperson moved to amend the bill.
The motion was not seconded.
The question being on the passage of the bill,
Rep. Emmons moved to amend the bill.
The motion was not seconded.
The question being on the passage of the bill,
Rep. Emmons moved to amend the bill.
The motion was not seconded.
The question being on the passage of the bill,
______
The Speaker Pro Tempore resumed the Chair.
Rep. Tobocman moved to reconsider the vote by which the House did not second the motion made previously by Rep. Opsommer.
The motion prevailed, a majority of the members present voting therefor.
The question being on the seconding of the motion made previously by Rep. Opsommer,
Rep. Ward demanded the yeas and nays.
The demand was supported.
The question being on the seconding of the motion made previously by Rep. Opsommer,
The motion did not prevail, a majority of the members present not voting therefor, by yeas and nays, as follows:
Roll Call No. 68 Yeas--52
Acciavatti Gaffney Marleau Pearce
Agema Garfield Meekhof Proos
Amos Green Meltzer Robertson
Ball Hansen Moolenaar Rocca
Booher Hildenbrand Moore Schuitmaker
Brandenburg Hoogendyk Moss Shaffer
Calley Horn Nitz Sheen
Casperson Huizenga Nofs Stahl
Caswell Hune Opsommer Stakoe
Caul Jones, Rick Palmer Steil
DeRoche Knollenberg Palsrok Walker
Elsenheimer LaJoy Pastor Ward
Emmons Law, David Pavlov Wenke
Nays--58
Accavitti Cushingberry Johnson Polidori
Angerer Dean Jones, Robert Sak
Bauer Dillon Lahti Scott
Bennett Donigan Law, Kathleen Sheltrown
Bieda Ebli LeBlanc Simpson
Brown Espinoza Leland Smith, Alma
Byrnes Farrah Lemmons Smith, Virgil
Byrum Gillard Lindberg Spade
Cheeks Gonzales Mayes Tobocman
Clack Griffin McDowell Vagnozzi
Clemente Hammel Meadows Valentine
Condino Hammon Meisner Warren
Constan Hood Melton Wojno
Corriveau Hopgood Miller Young
Coulouris Jackson
In The Chair: Sak
The question being on the passage of the bill,
Rep. Tobocman moved to reconsider the vote by which the House did not second the motion made previously by Rep. Pearce.
The motion prevailed, a majority of the members present voting therefor.
The question being on the seconding of the motion made previously by Rep. Pearce,
Rep. Ward demanded the yeas and nays.
The demand was supported.
The question being on the seconding of the motion made previously by Rep. Pearce,
The motion did not prevail, a majority of the members present not voting therefor, by yeas and nays, as follows:
Roll Call No. 69 Yeas--52
Acciavatti Gaffney Marleau Pearce
Agema Garfield Meekhof Proos
Amos Green Meltzer Robertson
Ball Hansen Moolenaar Rocca
Booher Hildenbrand Moore Schuitmaker
Brandenburg Hoogendyk Moss Shaffer
Calley Horn Nitz Sheen
Casperson Huizenga Nofs Stahl
Caswell Hune Opsommer Stakoe
Caul Jones, Rick Palmer Steil
DeRoche Knollenberg Palsrok Walker
Elsenheimer LaJoy Pastor Ward
Emmons Law, David Pavlov Wenke
Nays--58
Accavitti Cushingberry Johnson Polidori
Angerer Dean Jones, Robert Sak
Bauer Dillon Lahti Scott
Bennett Donigan Law, Kathleen Sheltrown
Bieda Ebli LeBlanc Simpson
Brown Espinoza Leland Smith, Alma
Byrnes Farrah Lemmons Smith, Virgil
Byrum Gillard Lindberg Spade
Cheeks Gonzales Mayes Tobocman
Clack Griffin McDowell Vagnozzi
Clemente Hammel Meadows Valentine
Condino Hammon Meisner Warren
Constan Hood Melton Wojno
Corriveau Hopgood Miller Young
Coulouris Jackson
In The Chair: Sak
The question being on the passage of the bill,
Rep. Tobocman moved to reconsider the vote by which the House did not second the motion made previously by Rep. Hoogendyk.
The motion prevailed, a majority of the members present voting therefor.
The question being on the seconding of the motion made previously by Rep. Hoogendyk,
Rep. Ward demanded the yeas and nays.
The demand was supported.
The question being on the seconding of the motion made previously by Rep. Hoogendyk,
The motion did not prevail, a majority of the members present not voting therefor, by yeas and nays, as follows:
Roll Call No. 70 Yeas--52
Acciavatti Gaffney Marleau Pearce
Agema Garfield Meekhof Proos
Amos Green Meltzer Robertson
Ball Hansen Moolenaar Rocca
Booher Hildenbrand Moore Schuitmaker
Brandenburg Hoogendyk Moss Shaffer
Calley Horn Nitz Sheen
Casperson Huizenga Nofs Stahl
Caswell Hune Opsommer Stakoe
Caul Jones, Rick Palmer Steil
DeRoche Knollenberg Palsrok Walker
Elsenheimer LaJoy Pastor Ward
Emmons Law, David Pavlov Wenke
Nays--58
Accavitti Cushingberry Johnson Polidori
Angerer Dean Jones, Robert Sak
Bauer Dillon Lahti Scott
Bennett Donigan Law, Kathleen Sheltrown
Bieda Ebli LeBlanc Simpson
Brown Espinoza Leland Smith, Alma
Byrnes Farrah Lemmons Smith, Virgil
Byrum Gillard Lindberg Spade
Cheeks Gonzales Mayes Tobocman
Clack Griffin McDowell Vagnozzi
Clemente Hammel Meadows Valentine
Condino Hammon Meisner Warren
Constan Hood Melton Wojno
Corriveau Hopgood Miller Young
Coulouris Jackson
In The Chair: Sak
The question being on the passage of the bill,
Rep. Tobocman moved to reconsider the vote by which the House did not second the motion made previously by Rep. Moolenaar.
The motion prevailed, a majority of the members present voting therefor.
The question being on the seconding of the motion made previously by Rep. Moolenaar,
Rep. Ward demanded the yeas and nays.
The demand was supported.
The question being on the seconding of the motion made previously by Rep. Moolenaar,
The motion did not prevail, a majority of the members present not voting therefor, by yeas and nays, as follows:
Roll Call No. 71 Yeas--52
Acciavatti Gaffney Marleau Pearce
Agema Garfield Meekhof Proos
Amos Green Meltzer Robertson
Ball Hansen Moolenaar Rocca
Booher Hildenbrand Moore Schuitmaker
Brandenburg Hoogendyk Moss Shaffer
Calley Horn Nitz Sheen
Casperson Huizenga Nofs Stahl
Caswell Hune Opsommer Stakoe
Caul Jones, Rick Palmer Steil
DeRoche Knollenberg Palsrok Walker
Elsenheimer LaJoy Pastor Ward
Emmons Law, David Pavlov Wenke
Nays--58
Accavitti Cushingberry Johnson Polidori
Angerer Dean Jones, Robert Sak
Bauer Dillon Lahti Scott
Bennett Donigan Law, Kathleen Sheltrown
Bieda Ebli LeBlanc Simpson
Brown Espinoza Leland Smith, Alma
Byrnes Farrah Lemmons Smith, Virgil
Byrum Gillard Lindberg Spade
Cheeks Gonzales Mayes Tobocman
Clack Griffin McDowell Vagnozzi
Clemente Hammel Meadows Valentine
Condino Hammon Meisner Warren
Constan Hood Melton Wojno
Corriveau Hopgood Miller Young
Coulouris Jackson
In The Chair: Sak
The question being on the passage of the bill,
Rep. Tobocman moved to reconsider the vote by which the House did not second the motion made previously by Rep. Casperson.
The motion prevailed, a majority of the members present voting therefor.
The question being on the seconding of the motion made previously by Rep. Casperson,
Rep. Ward demanded the yeas and nays.
The demand was supported.
The question being on the seconding of the motion made previously by Rep. Casperson,
The motion did not prevail, a majority of the members present not voting therefor, by yeas and nays, as follows:
Roll Call No. 72 Yeas--52
Acciavatti Gaffney Marleau Pearce
Agema Garfield Meekhof Proos
Amos Green Meltzer Robertson
Ball Hansen Moolenaar Rocca
Booher Hildenbrand Moore Schuitmaker
Brandenburg Hoogendyk Moss Shaffer
Calley Horn Nitz Sheen
Casperson Huizenga Nofs Stahl
Caswell Hune Opsommer Stakoe
Caul Jones, Rick Palmer Steil
DeRoche Knollenberg Palsrok Walker
Elsenheimer LaJoy Pastor Ward
Emmons Law, David Pavlov Wenke
Nays--58
Accavitti Cushingberry Johnson Polidori
Angerer Dean Jones, Robert Sak
Bauer Dillon Lahti Scott
Bennett Donigan Law, Kathleen Sheltrown
Bieda Ebli LeBlanc Simpson
Brown Espinoza Leland Smith, Alma
Byrnes Farrah Lemmons Smith, Virgil
Byrum Gillard Lindberg Spade
Cheeks Gonzales Mayes Tobocman
Clack Griffin McDowell Vagnozzi
Clemente Hammel Meadows Valentine
Condino Hammon Meisner Warren
Constan Hood Melton Wojno
Corriveau Hopgood Miller Young
Coulouris Jackson
In The Chair: Sak
The question being on the passage of the bill,
Rep. Tobocman moved to reconsider the vote by which the House did not second the motion made previously by Rep. Emmons.
The motion prevailed, a majority of the members present voting therefor.
The question being on the seconding of the motion made previously by Rep. Emmons,
Rep. Ward demanded the yeas and nays.
The demand was supported.
The question being on the seconding of the motion made previously by Rep. Emmons,
The motion did not prevail, a majority of the members present not voting therefor, by yeas and nays, as follows:
Roll Call No. 73 Yeas--52
Acciavatti Gaffney Marleau Pearce
Agema Garfield Meekhof Proos
Amos Green Meltzer Robertson
Ball Hansen Moolenaar Rocca
Booher Hildenbrand Moore Schuitmaker
Brandenburg Hoogendyk Moss Shaffer
Calley Horn Nitz Sheen
Casperson Huizenga Nofs Stahl
Caswell Hune Opsommer Stakoe
Caul Jones, Rick Palmer Steil
DeRoche Knollenberg Palsrok Walker
Elsenheimer LaJoy Pastor Ward
Emmons Law, David Pavlov Wenke
Nays--58
Accavitti Cushingberry Johnson Polidori
Angerer Dean Jones, Robert Sak
Bauer Dillon Lahti Scott
Bennett Donigan Law, Kathleen Sheltrown
Bieda Ebli LeBlanc Simpson
Brown Espinoza Leland Smith, Alma
Byrnes Farrah Lemmons Smith, Virgil
Byrum Gillard Lindberg Spade
Cheeks Gonzales Mayes Tobocman
Clack Griffin McDowell Vagnozzi
Clemente Hammel Meadows Valentine
Condino Hammon Meisner Warren
Constan Hood Melton Wojno
Corriveau Hopgood Miller Young
Coulouris Jackson
In The Chair: Sak
The question being on the passage of the bill,
Rep. Tobocman moved to reconsider the vote by which the House did not second the motion made previously by Rep. Emmons.
The motion prevailed, a majority of the members present voting therefor.
The question being on the seconding of the motion made previously by Rep. Emmons,
Rep. Ward demanded the yeas and nays.
The demand was supported.
The question being on the seconding of the motion made previously by Rep. Emmons,
The motion did not prevail, a majority of the members present not voting therefor, by yeas and nays, as follows:
Roll Call No. 74 Yeas--52
Acciavatti Gaffney Marleau Pearce
Agema Garfield Meekhof Proos
Amos Green Meltzer Robertson
Ball Hansen Moolenaar Rocca
Booher Hildenbrand Moore Schuitmaker
Brandenburg Hoogendyk Moss Shaffer
Calley Horn Nitz Sheen
Casperson Huizenga Nofs Stahl
Caswell Hune Opsommer Stakoe
Caul Jones, Rick Palmer Steil
DeRoche Knollenberg Palsrok Walker
Elsenheimer LaJoy Pastor Ward
Emmons Law, David Pavlov Wenke
Nays--58
Accavitti Cushingberry Johnson Polidori
Angerer Dean Jones, Robert Sak
Bauer Dillon Lahti Scott
Bennett Donigan Law, Kathleen Sheltrown
Bieda Ebli LeBlanc Simpson
Brown Espinoza Leland Smith, Alma
Byrnes Farrah Lemmons Smith, Virgil
Byrum Gillard Lindberg Spade
Cheeks Gonzales Mayes Tobocman
Clack Griffin McDowell Vagnozzi
Clemente Hammel Meadows Valentine
Condino Hammon Meisner Warren
Constan Hood Melton Wojno
Corriveau Hopgood Miller Young
Coulouris Jackson
In The Chair: Sak
The question being on the passage of the bill,
The bill was then passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 75 Yeas--59
Accavitti Cushingberry Jackson Palsrok
Angerer Dean Johnson Polidori
Bauer Dillon Jones, Robert Schuitmaker
Bennett Donigan Lahti Scott
Bieda Ebli Law, Kathleen Simpson
Brown Espinoza LeBlanc Smith, Alma
Byrnes Farrah Leland Smith, Virgil
Byrum Gaffney Lemmons Tobocman
Cheeks Gillard Lindberg Vagnozzi
Clack Gonzales Mayes Valentine
Clemente Griffin McDowell Warren
Condino Hammel Meadows Wenke
Constan Hammon Meisner Wojno
Corriveau Hood Melton Young
Coulouris Hopgood Miller
Nays--50
Acciavatti Green Meltzer Robertson
Agema Hansen Moolenaar Rocca
Amos Hildenbrand Moore Sak
Ball Hoogendyk Moss Shaffer
Booher Horn Nitz Sheen
Calley Huizenga Nofs Sheltrown
Casperson Hune Opsommer Spade
Caswell Jones, Rick Palmer Stahl
Caul Knollenberg Pastor Stakoe
DeRoche LaJoy Pavlov Steil
Elsenheimer Law, David Pearce Walker
Emmons Marleau Proos Ward
Garfield Meekhof
In The Chair: Sak
The House agreed to the title of the bill.
Rep. Tobocman moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Rep. Sheen, having reserved the right to explain his protest against the passage of the bill, made the following statement:
"Mr. Speaker and members of the House:
I cannot support HBs 4162 & 4091 which are referred to as the bulling bills. First of all it creates protected groups, which I believe is unconstitutional. It should not matter why or for what reason someone is being bullied, it should be dealt with and punished equally. Do we really want to label or identify a child by statute, thus attaching a stigma, which could be worse than the bullying itself? Secondly, I also think this would open the schools to all kinds of discrimination law suits.
I understand the motive of this bill; however these policies belong in the hands of local school boards. This is basically a feel good bill which will not change anything, but could have damaging ramifications on the schools and the students."
Rep. Stahl, having reserved the right to explain his protest against the passage of the bill, made the following statement:
"Mr. Speaker and members of the House:
I cannot in good faith vote for a mandate that will distinguish certain categories that will promote prejudice and bias. All bullying should be not be tolerated regardless of the motivation."
Rep. Hoogendyk, having reserved the right to explain his protest against the passage of the bill, made the following statement:
"Mr. Speaker and members of the House:
Thank you Mr. Speaker. With all due respects to my colleague from Farmington Hills, I take exception to his suggestion that those of us who would offer amendments to this bill are not supportive of a policy against harassment. I am a member of the education policy committee. I heard the testimony of those families who lost children through the tragedy of bullying. As the father of five children, I have seen it with my own kids, and I experienced it firsthand as a child.
How unfortunate, Mr. Speaker that through a procedural method, we were not allowed to offer our amendments on the house floor. The chairman of the education committee himself said we need to pass good, sound public policy. Today, we did not have the opportunity to do that. Had we been able to put our amendments on the bill, chances are this bill may have passed with 110 votes. How unfortunate, Mr. Speaker, that nearly half of the people of this state were disenfranchised today. We are representatives of those people. At least fifty of us asked for an opportunity to speak for them, and we were denied. Their voices were not allowed to be heard today.
How unfortunate, Mr. Speaker, that those who oppose us, apparently believe it is OK to use bullying tactics themselves. Just today, an article was posted on the internet that called for my colleague from Midland and me to have our arms twisted painfully behind our backs and our faces smashed into the harsh stone of the Capitol building. This author further suggested that our colleagues who walk past our desks stop and twist our ears. "...that might, produce what we in the education game call a teachable moment, for them and the rest of us." Mr. Speaker is this the message we want to send to the children of our state, that if you disagree, you should go past the desks of those students and "twist their ears?"
Mr. Speaker, let us make no mistake about what this bill is really about. It is a Trojan Horse, a bill to provide for the first time in Michigan history, protected classes called "sexual orientation and gender identity". This will open us up for any number of future lawsuits and litigation."
Rep. Elsenheimer, having reserved the right to explain his protest against the passage of the bill, made the following statement:
"Mr. Speaker and members of the House:
I cannot support final passage of this bill. The process of adoption was set up to avoid the minority from addressing issues important to this state. While the underlying policy is good, that of attempting to prevent bullying, the bill also serves as a subterfuge to create for the first time in Michigan law certain protected classes. If the policy to create these protected classes was sound, then the issue could rise and fall on its own rather than being tied to protection of children."
Rep. Tobocman moved that the bill be given immediate effect.
The question being on the motion made by Rep. Tobocman,
Rep. Ward demanded the yeas and nays.
The demand was supported.
The question being on the motion made by Rep. Tobocman,
The motion did not prevail, 2/3 of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 76 Yeas--59
Accavitti Cushingberry Johnson Polidori
Angerer Dean Jones, Robert Sak
Bauer Donigan Lahti Schuitmaker
Bennett Ebli Law, Kathleen Scott
Bieda Espinoza LeBlanc Simpson
Brown Farrah Leland Smith, Alma
Byrnes Gaffney Lemmons Smith, Virgil
Byrum Gillard Lindberg Tobocman
Cheeks Gonzales Mayes Vagnozzi
Clack Griffin McDowell Valentine
Clemente Hammel Meadows Warren
Condino Hammon Meisner Wenke
Constan Hood Melton Wojno
Corriveau Hopgood Miller Young
Coulouris Jackson Palsrok
Nays--49
Acciavatti Green Meekhof Proos
Agema Hansen Meltzer Robertson
Amos Hildenbrand Moolenaar Rocca
Ball Hoogendyk Moore Shaffer
Booher Horn Moss Sheen
Calley Huizenga Nitz Sheltrown
Casperson Hune Nofs Spade
Caswell Jones, Rick Opsommer Stahl
Caul Knollenberg Palmer Stakoe
DeRoche LaJoy Pastor Steil
Elsenheimer Law, David Pavlov Walker
Emmons Marleau Pearce Ward
Garfield
In The Chair: Sak
Second Reading of Bills
House Bill No. 4091, entitled
A bill to amend 1976 PA 451, entitled "The revised school code," (MCL 380.1 to 380.1852) by adding section 1310b.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Education,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Hoogendyk moved to amend the bill as follows:
1. Amend page 1, line 8, after "ACADEMY" by inserting "TO INFORM PARENTS OF THIS MODEL POLICY,".
2. Amend page 1, line 9, after "1310B" by inserting a comma.
3. Amend page 1, line 10, after "AGENCIES" by inserting "AND PARENTS".
The motion did not prevail and the amendments were not adopted, a majority of the members serving not voting therefor.
Rep. Vagnozzi moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Tobocman moved to reconsider the vote by which the House placed the bill on the order of Third Reading of Bills.
The motion prevailed, a majority of the members present voting therefor.
Rep. Tobocman moved to reconsider the vote by which the House did not adopt the amendments offered previously by Rep. Hoogendyk.
The motion prevailed, a majority of the members serving voting therefor.
The question being on the adoption of the amendments offered previously by Rep. Hoogendyk,
Rep. Hoogendyk demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendments offered previously by Rep. Hoogendyk,
The amendments were adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 77 Yeas--109
Accavitti Donigan Lahti Pearce
Acciavatti Ebli LaJoy Polidori
Agema Elsenheimer Law, David Proos
Amos Emmons Law, Kathleen Robertson
Angerer Espinoza LeBlanc Rocca
Ball Farrah Leland Sak
Bauer Gaffney Lemmons Schuitmaker
Bennett Garfield Lindberg Scott
Bieda Gillard Marleau Shaffer
Booher Gonzales Mayes Sheen
Brandenburg Green McDowell Sheltrown
Brown Griffin Meadows Simpson
Byrnes Hammel Meekhof Smith, Alma
Byrum Hammon Meisner Smith, Virgil
Calley Hansen Melton Spade
Casperson Hildenbrand Meltzer Stahl
Caswell Hood Miller Stakoe
Caul Hoogendyk Moolenaar Steil
Cheeks Hopgood Moore Tobocman
Clack Horn Moss Vagnozzi
Clemente Huizenga Nitz Valentine
Condino Hune Nofs Walker
Constan Jackson Opsommer Ward
Corriveau Johnson Palmer Warren
Coulouris Jones, Rick Palsrok Wenke
Cushingberry Jones, Robert Pastor Wojno
Dean Knollenberg Pavlov Young
DeRoche
Nays--0
In The Chair: Sak
Rep. Vagnozzi moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Angerer 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. 4091, entitled
A bill to amend 1976 PA 451, entitled "The revised school code," (MCL 380.1 to 380.1852) by adding section 1310b.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 78 Yeas--66
Accavitti Dean Lahti Schuitmaker
Angerer Donigan Law, Kathleen Scott
Bauer Ebli LeBlanc Sheltrown
Bennett Espinoza Leland Simpson
Bieda Farrah Lemmons Smith, Alma
Brandenburg Gaffney Lindberg Smith, Virgil
Brown Gillard Mayes Spade
Byrnes Gonzales McDowell Stakoe
Byrum Griffin Meadows Steil
Cheeks Hammel Meisner Tobocman
Clack Hammon Melton Vagnozzi
Clemente Hood Miller Valentine
Condino Hopgood Palsrok Warren
Constan Huizenga Polidori Wenke
Corriveau Jackson Proos Wojno
Coulouris Johnson Sak Young
Cushingberry Jones, Robert
Nays--43
Acciavatti Emmons Law, David Pastor
Agema Garfield Marleau Pavlov
Amos Green Meekhof Pearce
Ball Hansen Meltzer Robertson
Booher Hildenbrand Moolenaar Rocca
Calley Hoogendyk Moore Shaffer
Casperson Horn Moss Sheen
Caswell Hune Nitz Stahl
Caul Jones, Rick Nofs Walker
DeRoche Knollenberg Opsommer Ward
Elsenheimer LaJoy Palmer
In The Chair: Sak
The question being on agreeing to the title of the bill,
Rep. Tobocman moved to amend the title to read as follows:
A bill to amend 1976 PA 451, entitled "The revised school code," (MCL 380.1 to 380.1852) by adding section 1310c.
The motion prevailed.
The House agreed to the title as amended.
Rep. Tobocman moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Rep. Sheen, having reserved the right to explain his protest against the passage of the bill, made the following statement:
"Mr. Speaker and members of the House:
I cannot support HBs 4162 & 4091 which are referred to as the bulling bills. First of all it creates protected groups, whichI believe is unconstitutional. It should not matter why or for what reason someone is being bullied, it should be dealt withand punished equally. Do we really want to label or identify a child by statute, thus attaching a stigma, which could be worse than the bullying itself? Secondly, I also think this would open the schools to all kinds of discrimination law suits.
I understand the motive of this bill; however these policies belong in the hands of local school boards. This is basically a feel good bill which will not change anything, but could have damaging ramifications on the schools and the students."
Rep. Hoogendyk, having reserved the right to explain his protest against the passage of the bill, made the following statement:
"Mr. Speaker and members of the House:
please see explanation from house bill 4162"
By unanimous consent the House returned to the order of
Motions and Resolutions
Reps. Sak, Bauer, Bennett, Bieda, Byrnes, Byrum, Clack, Constan, Dean, Gonzales, Hammel, Hammon, Hopgood, Kathleen Law, LeBlanc, Lemmons, McDowell, Meadows, Sheltrown, Spade, Tobocman, Vagnozzi, Wojno, Garfield, Green, Robert Jones, Leland, Miller, Simpson and Alma Smith offered the following resolution:
House Resolution No. 56.
A resolution to express opposition to Norfolk Southern Corporation's proposed sale of its rail lines from Ypsilanti to Kalamazoo and Grand Rapids to Kalamazoo and continuing to the Indiana border.
Whereas, The Norfolk Southern Corporation is considering the sale of its Michigan lines from Grand Rapids to Kalamazoo and from Ypsilanti to Kalamazoo. The Ypsilanti to Kalamazoo line carries the state's busiest high-speed Amtrak train, the Wolverine, which travels from Detroit to Chicago. The Wolverine travels on the Norfolk Southern Railroad's rail corridor from Ypsilanti to Kalamazoo until it connects with Amtrak's own line. Ridership on this line increased six percent in 2006 to 142,185 passengers; and
Whereas, The Ypsilanti to Kalamazoo portion of the Norfolk Southern line is a vital link between Detroit and Chicago. Expanding the high-speed rail capacity on this line is vital to the future development of this area. New industry, including coal energy, bio-diesel, and ethanol fuel plants are proposed for Michigan and specifically along the I-94 corridor located near the Ypsilanti to Kalamazoo rail line. Continued operation of this line by Norfolk Southern is essential to expansion of new industry in this area. Over 150 railroad employees' jobs are associated with the rail traffic along this line; and
Whereas, Norfolk Southern is a Class One railroad operator, earning revenue in excess of $250 million annually. As a Class One operator, Norfolk Southern has the capacity to maintain and promote the use of these lines. The proposed sale of the Ypsilanti to Kalamazoo and Grand Rapids to Kalamazoo lines will almost certainly place the lines under the management of a Class Three operator, a rail company earning revenue of $20 million or less annually. A Class Three operator will be far less likely to have the means to maintain the lines, thus increasing the chance of accidents. Class Three operators also rely on federal grants for line and equipment maintenance, grants that are not always guaranteed; now, therefore, be it
Resolved by the House of Representatives, That we express opposition to Norfolk Southern's proposed sale of its rail lines from Ypsilanti to Kalamazoo and Grand Rapids to Kalamazoo and continuing to the Indiana border; 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; members of the Michigan congressional delegation; the United States Department of Transportation, Surface Transportation Board; the Norfolk Southern Corporation; AMTRAK; and the Michigan Department of Transportation.
The resolution was referred to the Committee on Transportation.
Reps. Byrum, Accavitti, Bauer, Bennett, Bieda, Brandenburg, Byrnes, Clack, Constan, Dean, Gonzales, Hammel, Hammon, Hansen, Hopgood, Kathleen Law, LeBlanc, Lemmons, Mayes, McDowell, Polidori, Sak, Shaffer, Sheltrown, Spade, Tobocman, Vagnozzi, Valentine, Wojno, Acciavatti, Elsenheimer, Farrah, Green, Robert Jones, Leland, Marleau, Meisner, Miller, Opsommer, Proos and Alma Smith offered the following resolution:
House Resolution No. 57.
A resolution recognizing the week of April 1st, 2007, as National Work Zone Awareness Week.
Whereas, According to the Michigan Department of Transportation, there were 6,323 work zone crashes, 1,751injuries and 22 fatalities in 2004. This is twice as many deaths as the year earlier; and
Whereas, The Federal Highway Administration says that in 2003, the most recent year for which statistics are available, 1,028 people were killed nationwide in work zones - a 50 percent increase over 1997. The vast majority, 85percent, were drivers or their passengers; and
Whereas, An average of 1,020 people die every year nationwide in such accidents, which are often due to driver inattention, according to federal highway authorities; and
Whereas, Nationally, more than 80 percent of fatalities in roadwork zones involve drivers and their passengers - not road workers, who are involved in 20 percent of the deaths; and
Whereas, We celebrate National Work Zone Awareness Week in memory of Jackson County native Christy Gutekunst, and all others who have died in work zone accidents; now, therefore, be it
Resolved by the House of Representatives, That the members of this legislative body recognize the week of April 1st, 2007, as National Work Zone Awareness Week. We urge all Michiganians to remember to drive cautiously and carefully every time they drive, and especially when driving in work zones.
Pending the reference of the resolution to a committee,
Rep. Tobocman moved that Rule 71 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. Ebli, Spade, Robert Jones, Byrum, Dean, Lemmons, Angerer, Donigan, McDowell, Clemente, Warren, Polidori, Vagnozzi, Constan, Bauer, Brown, Simpson, Accavitti, Bennett, Bieda, Byrnes, Clack, Gonzales, Hammel, Hammon, Hansen, Hopgood, Johnson, Rick Jones, LeBlanc, Mayes, Sak, Shaffer, Sheltrown, Tobocman, Valentine, Wojno, Elsenheimer, Farrah, Green, Knollenberg, Leland, Marleau, Meisner, Miller, Opsommer, Palmer, Proos and Alma Smith offered the following resolution:
House Resolution No. 58.
A resolution recognizing April 2007 as Autism Awareness Month in the state of Michigan.
Whereas, Autism Spectrum Disorder (ASD) is an umbrella term used to cover a variety of developmental disabilities including autism, Asperger Syndrome and Pervasive Developmental Disorder; and
Whereas, Autism is a neurobiological disorder that impacts an individual's communication skills, social interaction and behavior; and
Whereas, ASD occurs across all racial, ethnic and socioeconomic groups and is four times more likely to occur in boys than in girls; and
Whereas, Individuals with ASD often have difficulty understanding verbal and nonverbal communication and learning appropriate ways of relating to other people, objects and events; and
Whereas, Current research indicates that up to one of every 150 children born today will be diagnosed with ASD; and
Whereas, Over 1.5 million families in the United States are currently affected by autism; and
Whereas, The Autism Society of America estimates that the annual cost associated with autism is over $90 billion and projects that these costs could be reduced by two-thirds or more with early diagnosis and intervention; and
Whereas, The number of children with autism in Michigan public schools increased by over 100 percent (from 5,680 to 11,366) between 2001 and 2006; and
Whereas, It is likely that due to misdiagnosis and cases not yet diagnosed that the number of individuals actually touched by autism is considerably higher than currently believed; and
Whereas, Education about autism is a critical part of increasing early diagnosis and intervention for individuals with autism; now, therefore, be it
Resolved by the House of Representatives, That the members of this legislative body recognize April 2007 as Autism Awareness Month in Michigan; and be it further
Resolved, That we urge all Michiganians to use this month as an opportunity to educate themselves about autism and reach out to support members of their communities with ASD.
Pending the reference of the resolution to a committee,
Rep. Tobocman moved that Rule 71 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 § 830.417 AND REQUIRES A RECORD ROLL CALL VOTE.
Rep. Hood offered the following concurrent resolution:
House Concurrent Resolution No. 8.
A concurrent resolution approving a lease between the State of Michigan and the State Building Authority relative to the Department of Management and Budget State Facility Preservation Projects, Phase I, Phase II, Group A, Special Maintenance Roof Repairs (the "Facility").
Whereas, Section 7 of 1964 PA 183, as amended, being MCL § 830.417, requires that before a lease between the State of Michigan (the "State") and the State Building Authority (the "Authority") that is only for capital maintenance improvements is executed, the general form of the lease shall be approved by a concurrent resolution concurred in by a majority of the members elected to and serving in each house of the Michigan Legislature, with the votes and names of the members voting thereon entered in the journal, before the State may enter into a lease with the Authority upon a showing of a public purpose; and
Whereas, Providing capital maintenance improvements to be used by the State pursuant to the lease for the Facility is a recognized public purpose; and
Whereas, A lease between the Authority and the State has been prepared providing for the leasing of the Facility by the Authority to the State (the "Lease"); and
Whereas, The Executive Director of the Authority has furnished the Joint Capital Outlay Subcommittee of the Legislature with information and documents relative to the Lease; now, therefore, be it
Resolved by the House of Representatives (the Senate concurring), That the Total Facility Cost for the Department of Management and Budget State Facility Preservation Projects, Phase I, Phase II, Group A, Special Maintenance Roof Repairs shall not exceed $5,296,000 (the Authority share is $5,295,800 and the State General Fund/General Purpose share is $200), plus interest charges on monies advanced by the State to meet the construction cash flow requirements of the Facility, if any, of which not more than $5,295,800, plus interest charges on monies advanced by the State to meet the construction cash flow requirements of the Facility, if any, shall be financed from bonds issued by the Authority, exclusive of amounts necessary for reserves, interest, or other nonconstruction costs; and be it further
Resolved, That the Legislature hereby approves the Authority acquiring the Facility and leasing it to the State and hereby determines that the leasing of the Facility from the Authority is for a public purpose as authorized by 1964 PA 183, as amended; and be it further
Resolved, That the annual amounts of "True Rental" for the Facility shall be within or below the range of $407,000 and $516,000, as shall reflect variations that may occur in the components upon which the appraisal of True Rental was based, which amounts shall be certified by the appraiser and thereafter approved by the State Administrative Board and the Authority as authorized by 1964 PA 183, as amended; and be it further
Resolved, That the Lease is hereby approved by this concurrent resolution, and the Governor and the Secretary of State are authorized and directed to execute the Lease for and on behalf of the State; and be it further
Resolved, That, by hereby approving the Lease between the State and the Authority, the Legislature agrees to appropriate annually sufficient amounts to pay the rent as obligated pursuant to the Lease; and be it further
Resolved, That a copy of this concurrent resolution be transmitted to the Governor, the Secretary of State, the Authority, and the State Budget Director.
The concurrent resolution was referred to the Committee on Appropriations.
THIS RESOLUTION IS OFFERED TO COMPLY WITH MCL §§ 830.415 and 830.417 AND REQUIRES A RECORD ROLL CALL VOTE.
Rep. Hood offered the following concurrent resolution:
House Concurrent Resolution No. 9.
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 Management and Budget State Facility Preservation Phase I, Phase II, Group D, Joint Operations Center.
Whereas, Section 5 of 1964 PA 183, as amended, being MCL § 830.415, requires the approval of the State Administrative Board, the Attorney General, and the Michigan Legislature by concurrent resolution concurred in by a majority of the members elected to and serving in each house, with the votes and names of the members voting thereon entered in the journal, before land owned by the State of Michigan (the "State") may be conveyed to the State Building Authority (the "Authority"); and
Whereas, The site for the Department of Management and Budget State Facility Preservation Phase I, Phase II, Group D, Joint Operations Center, located in Ingham County, (the "Facility") is currently owned by the State; and
Whereas, Section 7 of 1964 PA 183, as amended, being MCL § 830.417, requires the approval of the State Administrative Board and the Michigan Legislature by concurrent resolution concurred in by a majority of the memberselected to and serving in each house, with the votes and names of the members voting thereon entered in the journal, before the State may enter into a lease with the Authority upon a showing of a public purpose; and
Whereas, Providing additional space to be used by the State pursuant to the lease for the Facility is a recognized public purpose; and
Whereas, A lease between the Authority and the State has been prepared providing for the leasing of the Facility by the Authority to the State (the "Lease"); and
Whereas, The Executive Director of the Authority has furnished the Joint Capital Outlay Subcommittee of the Legislature with information and documents relative to the Lease; now, therefore, be it
Resolved by the House of Representatives (the Senate concurring), That the Total Facility Cost for the Department of Management and Budget State Facility Preservation Phase I, Phase II, Group D, Joint Operations Center shall not exceed $3,000,000 (the Authority share is $3,000,000 and the State General Fund/General Purpose share is $0), plus interest charges on monies advanced by the State to meet the construction cash flow requirements of the Facility, if any, of which not more than $3,000,000, plus interest charges on monies advanced by the State to meet the construction cash flow requirements of the Facility, if any, shall be financed from bonds issued by the Authority, exclusive of amounts necessary for reserves, interest, or other nonconstruction costs; and be it further
Resolved, That the Legislature hereby approves the necessary conveyances of property to the Authority as more particularly described in the Lease and attachments thereto; and be it further
Resolved, That the Legislature hereby approves the Authority acquiring the Facility and leasing it to the State and hereby determines that the leasing of the Facility from the Authority is for a public purpose as authorized by 1964 PA 183, as amended; and be it further
Resolved, That the annual amounts of "True Rental" for the Facility shall be within or below the range of $231,000 and $292,000, as shall reflect variations that may occur in the components upon which the appraisal of True Rental was based, which amounts shall be certified by the appraiser and thereafter approved by the State Administrative Board and the Authority as authorized by 1964 PA 183, as amended; and be it further
Resolved, That the Lease is hereby approved by this concurrent resolution, and the Governor and the Secretary of State are authorized and directed to execute the Lease for and on behalf of the State; and be it further
Resolved, That, by hereby approving the Lease between the State and the Authority, the Legislature agrees to appropriate annually sufficient amounts to pay the rent as obligated pursuant to the Lease; and be it further
Resolved, That a copy of this concurrent resolution be transmitted to the Governor, the Secretary of State, the Authority, and the State Budget Director.
The concurrent resolution was referred to the Committee on Appropriations.
THIS RESOLUTION IS OFFERED TO COMPLY WITH MCL §§ 830.415 AND 830.417 AND REQUIRES A RECORD ROLL CALL VOTE.
Rep. Hood offered the following concurrent resolution:
House Concurrent Resolution No. 10.
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 Bay de Noc Community College relative to the BaydeNoc Community College West Campus Facility.
Whereas, Section 5 of 1964 PA 183, as amended, being MCL § 830.415, requires the approval of the Board of Trustees of Bay de Noc Community College (the "Educational Institution"), the State Administrative Board, and the Michigan Legislature by concurrent resolution concurred in by a majority of the members elected to and serving in each house, with the votes and names of the members voting thereon entered in the journal, before land owned by the Educational Institution may be conveyed to the State Building Authority (the "Authority"); and
Whereas, The site for the Bay de Noc Community College West Campus Facility (the "Facility") is currently owned by the Educational Institution; and
Whereas, Section 7 of 1964 PA 183, as amended, being MCL § 830.417, requires the approval of the State Administrative Board and the Michigan Legislature by concurrent resolution concurred in by a majority of the members elected to and serving in each house, with the votes and names of the members voting thereon entered in the journal, before the State of Michigan (the "State") may enter into a lease with the Authority upon a showing of a public purpose; and
Whereas, Providing additional space to be used by the Educational Institution pursuant to the lease for the Facility is a recognized public purpose; and
Whereas, A lease among the Authority, the State, and the Educational Institution has been prepared providing for the leasing of the Facility by the Authority to the State and the Educational Institution (the "Lease"); and
Whereas, The Executive Director of the Authority has furnished the Joint Capital Outlay Subcommittee of the Legislature with information and documents relative to the Lease; now, therefore, be it
Resolved by the House of Representatives (the Senate concurring), That the Total Facility Cost for the Bay de Noc Community College West Campus Facility shall not exceed $12,048,000 (the Authority share is $5,874,100, the State General Fund/General Purpose share is $200, and the Educational Institution share is $6,173,700), plus interest charges on monies advanced by the State to meet the construction cash flow requirements of the Facility, if any, of which not more than $5,874,100, plus interest charges on monies advanced by the State to meet the construction cash flow requirements of the Facility, if any, shall be financed from bonds issued by the Authority, exclusive of amounts necessary for reserves, interest, or other nonconstruction costs; and be it further
Resolved, That the Legislature hereby approves the necessary conveyances of property to the Authority as more particularly described in the Lease and attachments thereto; and be it further
Resolved, That the Legislature hereby approves the Authority acquiring the Facility and leasing it to the State and the Educational Institution and hereby determines that the leasing of the Facility from the Authority is for a public purpose as authorized by 1964 PA 183, as amended; and be it further
Resolved, That the annual amounts of "True Rental" for the Facility shall be within or below the range of $391,000 and $512,000, as shall reflect variations that may occur in the components upon which the appraisal of True Rental was based, which amounts shall be certified by the appraiser and thereafter approved by the State Administrative Board and the Authority as authorized by 1964 PA 183, as amended; and be it further
Resolved, That the Lease is hereby approved by this concurrent resolution, and the Governor and the Secretary of State are authorized and directed to execute the Lease for and on behalf of the State; and be it further
Resolved, That, by hereby approving the Lease among the State, the Educational Institution, and the Authority, the Legislature agrees to appropriate annually sufficient amounts to pay the rent as obligated pursuant to the Lease; and be it further
Resolved, That copies of this concurrent resolution be transmitted to the Governor, the Secretary of State, the Authority, the Board of Trustees of Bay de Noc Community College, and the State Budget Director.
The concurrent resolution was referred to the Committee on Appropriations.
THIS RESOLUTION IS OFFERED TO COMPLY WITH MCL §§ 830.415 AND 830.417 AND REQUIRES A RECORD ROLL CALL VOTE.
Rep. Hood offered the following concurrent resolution:
House Concurrent Resolution No. 11.
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 Southwestern Michigan College relative to the Southwestern Michigan College Information Technology Center Renovations.
Whereas, Section 5 of 1964 PA 183, as amended, being MCL § 830.415, requires the approval of the Board of Trustees of Southwestern Michigan College (the "Educational Institution"), the State Administrative Board, and the Michigan Legislature by concurrent resolution concurred in by a majority of the members elected to and serving in each house, with the votes and names of the members voting thereon entered in the journal, before land owned by the Educational Institution may be conveyed to the State Building Authority (the "Authority"); and
Whereas, The site for the Southwestern Michigan College Information Technology Center Renovations (the "Facility") is currently owned by the Educational Institution; and
Whereas, Section 7 of 1964 PA 183, as amended, being MCL § 830.417, requires the approval of the State Administrative Board and the Michigan Legislature by concurrent resolution concurred in by a majority of the memberselected to and serving in each house, with the votes and names of the members voting thereon entered in the journal, before the State of Michigan (the "State") may enter into a lease with the Authority upon a showing of a public purpose; and
Whereas, Providing additional space to be used by the Educational Institution pursuant to the lease for the Facility is a recognized public purpose; and
Whereas, A lease among the Authority, the State, and the Educational Institution has been prepared providing for the leasing of the Facility by the Authority to the State and the Educational Institution (the "Lease"); and
Whereas, The Executive Director of the Authority has furnished the Joint Capital Outlay Subcommittee of the Legislature with information and documents relative to the Lease; now, therefore, be it
Resolved by the House of Representatives (the Senate concurring), That the Total Facility Cost for the Southwestern Michigan College Information Technology Center Renovations shall not exceed $5,047,700 (the Authority share is $2,249,800, the State General Fund/General Purpose share is $200, and the Educational Institution share is $2,797,700), plus interest charges on monies advanced by the State to meet the construction cash flow requirements of the Facility, if any, of which not more than $2,249,800, plus interest charges on monies advanced by the State to meet the construction cash flow requirements of the Facility, if any, shall be financed from bonds issued by the Authority, exclusive of amounts necessary for reserves, interest, or other nonconstruction costs; and be it further
Resolved, That the Legislature hereby approves the necessary conveyances of property to the Authority as more particularly described in the Lease and attachments thereto; and be it further
Resolved, That the Legislature hereby approves the Authority acquiring the Facility and leasing it to the State and the Educational Institution and hereby determines that the leasing of the Facility from the Authority is for a public purpose as authorized by 1964 PA 183, as amended; and be it further
Resolved, That the annual amounts of "True Rental" for the Facility shall be within or below the range of $150,000 and $196,000, as shall reflect variations that may occur in the components upon which the appraisal of True Rental was based, which amounts shall be certified by the appraiser and thereafter approved by the State Administrative Board and the Authority as authorized by 1964 PA 183, as amended; and be it further
Resolved, That the Lease is hereby approved by this concurrent resolution, and the Governor and the Secretary of State are authorized and directed to execute the Lease for and on behalf of the State; and be it further
Resolved, That, by hereby approving the Lease among the State, the Educational Institution, and the Authority, the Legislature agrees to appropriate annually sufficient amounts to pay the rent as obligated pursuant to the Lease; and be it further
Resolved, That copies of this concurrent resolution be transmitted to the Governor, the Secretary of State, the Authority, the Board of Trustees of Southwestern Michigan College, and the State Budget Director.
The concurrent resolution was referred to the Committee on Appropriations.
THIS RESOLUTION IS OFFERED TO COMPLY WITH MCL §§ 830.415 AND 830.417 AND REQUIRES A RECORD ROLL CALL VOTE.
Rep. Hood offered the following concurrent resolution:
House Concurrent Resolution No. 12.
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 Lansing Community College relative to the Lansing Community College University Center.
Whereas, Section 5 of 1964 PA 183, as amended, being MCL § 830.415, requires the approval of the Board of Trustees of Lansing Community College (the "Educational Institution"), the State Administrative Board, and the Michigan Legislature by concurrent resolution concurred in by a majority of the members elected to and serving in each house, with the votes and names of the members voting thereon entered in the journal, before land owned by the Educational Institution may be conveyed to the State Building Authority (the "Authority"); and
Whereas, The site for the Lansing Community College University Center (the "Facility") is currently owned by the Educational Institution; and
Whereas, Section 7 of 1964 PA 183, as amended, being MCL § 830.417, requires the approval of the State Administrative Board and the Michigan Legislature by concurrent resolution concurred in by a majority of the memberselected to and serving in each house, with the votes and names of the members voting thereon entered in the journal, before the State of Michigan (the "State") may enter into a lease with the Authority upon a showing of a public purpose; and
Whereas, Providing additional space to be used by the Educational Institution pursuant to the lease for the Facility is a recognized public purpose; and
Whereas, A lease among the Authority, the State, and the Educational Institution has been prepared providing for the leasing of the Facility by the Authority to the State and the Educational Institution (the "Lease"); and
Whereas, The Executive Director of the Authority has furnished the Joint Capital Outlay Subcommittee of the Legislature with information and documents relative to the Lease; now, therefore, be it
Resolved by the House of Representatives (the Senate concurring), That the Total Facility Cost for the Lansing Community College University Center shall not exceed $11,000,000 (the Authority share is $4,999,800, the State General Fund/General Purpose share is $200, and the Educational Institution share is $6,000,000), plus interest charges on monies advanced by the State to meet the construction cash flow requirements of the Facility, if any, of which not more than $4,999,800, plus interest charges on monies advanced by the State to meet the construction cash flow requirements of the Facility, if any, shall be financed from bonds issued by the Authority, exclusive of amounts necessary for reserves, interest, or other nonconstruction costs; and be it further
Resolved, That the Legislature hereby approves the necessary conveyances of property to the Authority as more particularly described in the Lease and attachments thereto; and be it further
Resolved, That the Legislature hereby approves the Authority acquiring the Facility and leasing it to the State and the Educational Institution and hereby determines that the leasing of the Facility from the Authority is for a public purpose as authorized by 1964 PA 183, as amended; and be it further
Resolved, That the annual amounts of "True Rental" for the Facility shall be within or below the range of $333,000 and $436,000, as shall reflect variations that may occur in the components upon which the appraisal of True Rental was based, which amounts shall be certified by the appraiser and thereafter approved by the State Administrative Board and the Authority as authorized by 1964 PA 183, as amended; and be it further
Resolved, That the Lease is hereby approved by this concurrent resolution, and the Governor and the Secretary of State are authorized and directed to execute the Lease for and on behalf of the State; and be it further
Resolved, That, by hereby approving the Lease among the State, the Educational Institution, and the Authority, the Legislature agrees to appropriate annually sufficient amounts to pay the rent as obligated pursuant to the Lease; and be it further
Resolved, That copies of this concurrent resolution be transmitted to the Governor, the Secretary of State, the Authority, the Board of Trustees of Lansing Community College, and the State Budget Director.
The concurrent resolution was referred to the Committee on Appropriations.
THIS RESOLUTION IS OFFERED TO COMPLY WITH MCL §§ 830.415 AND 830.417 AND REQUIRES A RECORD ROLL CALL VOTE.
Rep. Hood offered the following concurrent resolution:
House Concurrent Resolution No. 13.
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 Mid Michigan Community College relative to the MidMichigan Community College Science and Technology Center.
Whereas, Section 5 of 1964 PA 183, as amended, being MCL § 830.415, requires the approval of the Board of Trustees of Mid Michigan Community College (the "Educational Institution"), the State Administrative Board, and the Michigan Legislature by concurrent resolution concurred in by a majority of the members elected to and serving in each house, with the votes and names of the members voting thereon entered in the journal, before land owned by the Educational Institution may be conveyed to the State Building Authority (the "Authority"); and
Whereas, The site for the Mid Michigan Community College Science and Technology Center (the "Facility") is currently owned by the Educational Institution; and
Whereas, Section 7 of 1964 PA 183, as amended, being MCL § 830.417, requires the approval of the State Administrative Board and the Michigan Legislature by concurrent resolution concurred in by a majority of the memberselected to and serving in each house, with the votes and names of the members voting thereon entered in the journal, before the State of Michigan (the "State") may enter into a lease with the Authority upon a showing of a public purpose; and
Whereas, Providing additional space to be used by the Educational Institution pursuant to the lease for the Facility is a recognized public purpose; and
Whereas, A lease among the Authority, the State, and the Educational Institution has been prepared providing for the leasing of the Facility by the Authority to the State and the Educational Institution (the "Lease"); and
Whereas, The Executive Director of the Authority has furnished the Joint Capital Outlay Subcommittee of the Legislature with information and documents relative to the Lease; now, therefore, be it
Resolved by the House of Representatives (the Senate concurring), That the Total Facility Cost for the Mid Michigan Community College Science and Technology Center shall not exceed $16,475,000 (the Authority share is $8,237,300, the State General Fund/General Purpose share is $200, and the Educational Institution share is $8,237,500), plus interest charges on monies advanced by the State to meet the construction cash flow requirements of the Facility, if any, of which not more than $8,237,300, plus interest charges on monies advanced by the State to meet the construction cash flow requirements of the Facility, if any, shall be financed from bonds issued by the Authority, exclusive of amounts necessary for reserves, interest, or other nonconstruction costs; and be it further
Resolved, That the Legislature hereby approves the necessary conveyances of property to the Authority as more particularly described in the Lease and attachments thereto; and be it further
Resolved, That the Legislature hereby approves the Authority acquiring the Facility and leasing it to the State and the Educational Institution and hereby determines that the leasing of the Facility from the Authority is for a public purpose as authorized by 1964 PA 183, as amended; and be it further
Resolved, That the annual amounts of "True Rental" for the Facility shall be within or below the range of $554,000 and $725,000, as shall reflect variations that may occur in the components upon which the appraisal of True Rental was based, which amounts shall be certified by the appraiser and thereafter approved by the State Administrative Board and the Authority as authorized by 1964 PA 183, as amended; and be it further
Resolved, That the Lease is hereby approved by this concurrent resolution, and the Governor and the Secretary of State are authorized and directed to execute the Lease for and on behalf of the State; and be it further
Resolved, That, by hereby approving the Lease among the State, the Educational Institution, and the Authority, the Legislature agrees to appropriate annually sufficient amounts to pay the rent as obligated pursuant to the Lease; and be it further
Resolved, That copies of this concurrent resolution be transmitted to the Governor, the Secretary of State, the Authority, the Board of Trustees of Mid Michigan Community College, and the State Budget Director.
The concurrent resolution was referred to the Committee on Appropriations.
THIS RESOLUTION IS OFFERED TO COMPLY WITH MCL §§ 830.415 AND 830.417 AND REQUIRES A RECORD ROLL CALL VOTE.
Rep. Hood offered the following concurrent resolution:
House Concurrent Resolution No. 14.
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 Montcalm Community College relative to the Montcalm Community College Life Science Training Facility.
Whereas, Section 5 of 1964 PA 183, as amended, being MCL § 830.415, requires the approval of the Board of Trustees of Montcalm Community College (the "Educational Institution"), the State Administrative Board, and the Michigan Legislature by concurrent resolution concurred in by a majority of the members elected to and serving in each house, with the votes and names of the members voting thereon entered in the journal, before land owned by the Educational Institution may be conveyed to the State Building Authority (the "Authority"); and
Whereas, The site for the Montcalm Community College Life Science Training Facility (the "Facility") is currently owned by the Educational Institution; and
Whereas, Section 7 of 1964 PA 183, as amended, being MCL § 830.417, requires the approval of the State Administrative Board and the Michigan Legislature by concurrent resolution concurred in by a majority of the memberselected to and serving in each house, with the votes and names of the members voting thereon entered in the journal, before the State of Michigan (the "State") may enter into a lease with the Authority upon a showing of a public purpose; and
Whereas, Providing additional space to be used by the Educational Institution pursuant to the lease for the Facility is a recognized public purpose; and
Whereas, A lease among the Authority, the State, and the Educational Institution has been prepared providing for the leasing of the Facility by the Authority to the State and the Educational Institution (the "Lease"); and
Whereas, The Executive Director of the Authority has furnished the Joint Capital Outlay Subcommittee of the Legislature with information and documents relative to the Lease; now, therefore, be it
Resolved by the House of Representatives (the Senate concurring), That the Total Facility Cost for the Montcalm Community College Life Science Training Facility shall not exceed $7,500,000 (the Authority share is $2,999,800, the State General Fund/General Purpose share is $200, and the Educational Institution share is $4,500,000), plus interest charges on monies advanced by the State to meet the construction cash flow requirements of the Facility, if any, of which not more than $2,999,800, plus interest charges on monies advanced by the State to meet the construction cash flow requirements of the Facility, if any, shall be financed from bonds issued by the Authority, exclusive of amounts necessary for reserves, interest, or other nonconstruction costs; and be it further
Resolved, That the Legislature hereby approves the necessary conveyances of property to the Authority as more particularly described in the Lease and attachments thereto; and be it further
Resolved, That the Legislature hereby approves the Authority acquiring the Facility and leasing it to the State and the Educational Institution and hereby determines that the leasing of the Facility from the Authority is for a public purpose as authorized by 1964 PA 183, as amended; and be it further
Resolved, That the annual amounts of "True Rental" for the Facility shall be within or below the range of $200,000 and $261,000, as shall reflect variations that may occur in the components upon which the appraisal of True Rental was based, which amounts shall be certified by the appraiser and thereafter approved by the State Administrative Board and the Authority as authorized by 1964 PA 183, as amended; and be it further
Resolved, That the Lease is hereby approved by this concurrent resolution, and the Governor and the Secretary of State are authorized and directed to execute the Lease for and on behalf of the State; and be it further
Resolved, That, by hereby approving the Lease among the State, the Educational Institution, and the Authority, the Legislature agrees to appropriate annually sufficient amounts to pay the rent as obligated pursuant to the Lease; and be it further
Resolved, That copies of this concurrent resolution be transmitted to the Governor, the Secretary of State, the Authority, the Board of Trustees of Montcalm Community College, and the State Budget Director.
The concurrent resolution was referred to the Committee on Appropriations.
THIS RESOLUTION IS OFFERED TO COMPLY WITH MCL §§ 830.415 AND 830.417 AND REQUIRES A RECORD ROLL CALL VOTE.
Rep. Hood offered the following concurrent resolution:
House Concurrent Resolution No. 15.
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 Saginaw Valley State University relative to the Saginaw Valley State University Pioneer Hall Renovations.
Whereas, Section 5 of 1964 PA 183, as amended, being MCL § 830.415, requires the approval of the Board of Control of Saginaw Valley State University (the "Educational Institution"), the State Administrative Board, and the Michigan Legislature by concurrent resolution concurred in by a majority of the members elected to and serving in each house, with the votes and names of the members voting thereon entered in the journal, before land owned by the Educational Institution may be conveyed to the State Building Authority (the "Authority"); and
Whereas, The site for the Saginaw Valley State University Pioneer Hall Renovations (the "Facility") is currently owned by the Educational Institution; and
Whereas, Section 7 of 1964 PA 183, as amended, being MCL § 830.417, requires the approval of the State Administrative Board and the Michigan Legislature by concurrent resolution concurred in by a majority of the memberselected to and serving in each house, with the votes and names of the members voting thereon entered in the journal, before the State of Michigan (the "State") may enter into a lease with the Authority upon a showing of a public purpose; and
Whereas, Providing additional space to be used by the Educational Institution pursuant to the lease for the Facility is a recognized public purpose; and
Whereas, A lease among the Authority, the State, and the Educational Institution has been prepared providing for the leasing of the Facility by the Authority to the State and the Educational Institution (the "Lease"); and
Whereas, The Executive Director of the Authority has furnished the Joint Capital Outlay Subcommittee of the Legislature with information and documents relative to the Lease; now, therefore, be it
Resolved by the House of Representatives (the Senate concurring), That the Total Facility Cost for the Saginaw Valley State University Pioneer Hall Renovations shall not exceed $16,000,000 (the Authority share is $11,999,800, the State General Fund/General Purpose share is $200, and the Educational Institution share is $4,000,000), plus interest charges on monies advanced by the State to meet the construction cash flow requirements of the Facility, if any, of which not more than $11,999,800, plus interest charges on monies advanced by the State to meet the construction cash flow requirements of the Facility, if any, shall be financed from bonds issued by the Authority, exclusive of amounts necessary for reserves, interest, or other nonconstruction costs; and be it further
Resolved, That the Legislature hereby approves the necessary conveyances of property to the Authority as more particularly described in the Lease and attachments thereto; and be it further
Resolved, That the Legislature hereby approves the Authority acquiring the Facility and leasing it to the State and the Educational Institution and hereby determines that the leasing of the Facility from the Authority is for a public purpose as authorized by 1964 PA 183, as amended; and be it further
Resolved, That the annual amounts of "True Rental" for the Facility shall be within or below the range of $799,000 and $1,045,000, as shall reflect variations that may occur in the components upon which the appraisal of True Rental was based, which amounts shall be certified by the appraiser and thereafter approved by the State Administrative Board and the Authority as authorized by 1964 PA 183, as amended; and be it further
Resolved, That the Lease is hereby approved by this concurrent resolution, and the Governor and the Secretary of State are authorized and directed to execute the Lease for and on behalf of the State; and be it further
Resolved, That, by hereby approving the Lease among the State, the Educational Institution, and the Authority, the Legislature agrees to appropriate annually sufficient amounts to pay the rent as obligated pursuant to the Lease; and be it further
Resolved, That copies of this concurrent resolution be transmitted to the Governor, the Secretary of State, the Authority, the Board of Control of Saginaw Valley State University, and the State Budget Director.
The concurrent resolution was referred to the Committee on Appropriations.
THIS RESOLUTION IS OFFERED TO COMPLY WITH MCL §§ 830.415 AND 830.417 AND REQUIRES A RECORD ROLL CALL VOTE.
Rep. Hood offered the following concurrent resolution:
House Concurrent Resolution No. 16.
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 Schoolcraft College relative to the Schoolcraft College Technical Services Facility.
Whereas, Section 5 of 1964 PA 183, as amended, being MCL § 830.415, requires the approval of the Board of Trustees of Schoolcraft College (the "Educational Institution"), the State Administrative Board, and the Michigan Legislature by concurrent resolution concurred in by a majority of the members elected to and serving in each house, with the votes and names of the members voting thereon entered in the journal, before land owned by the Educational Institution may be conveyed to the State Building Authority (the "Authority"); and
Whereas, The site for the Schoolcraft College Technical Services Facility (the "Facility") is currently owned by the Educational Institution; and
Whereas, Section 7 of 1964 PA 183, as amended, being MCL § 830.417, requires the approval of the State Administrative Board and the Michigan Legislature by concurrent resolution concurred in by a majority of the members elected to and serving in each house, with the votes and names of the members voting thereon entered in the journal, before the State of Michigan (the "State") may enter into a lease with the Authority upon a showing of a public purpose; and
Whereas, Providing additional space to be used by the Educational Institution pursuant to the lease for the Facility is a recognized public purpose; and
Whereas, A lease among the Authority, the State, and the Educational Institution has been prepared providing for the leasing of the Facility by the Authority to the State and the Educational Institution (the "Lease"); and
Whereas, The Executive Director of the Authority has furnished the Joint Capital Outlay Subcommittee of the Legislature with information and documents relative to the Lease; now, therefore, be it
Resolved by the House of Representatives (the Senate concurring), That the Total Facility Cost for the Schoolcraft College Technical Services Facility shall not exceed $12,700,000 (the Authority share is $5,019,700, the State General Fund/General Purpose share is $200, and the Educational Institution share is $7,680,100), plus interest charges on monies advanced by the State to meet the construction cash flow requirements of the Facility, if any, of which not more than $5,019,700, plus interest charges on monies advanced by the State to meet the construction cash flow requirements of the Facility, if any, shall be financed from bonds issued by the Authority, exclusive of amounts necessary for reserves, interest, or other nonconstruction costs; and be it further
Resolved, That the Legislature hereby approves the necessary conveyances of property to the Authority as more particularly described in the Lease and attachments thereto; and be it further
Resolved, That the Legislature hereby approves the Authority acquiring the Facility and leasing it to the State and the Educational Institution and hereby determines that the leasing of the Facility from the Authority is for a public purpose as authorized by 1964 PA 183, as amended; and be it further
Resolved, That the annual amounts of "True Rental" for the Facility shall be within or below the range of $334,000 and $437,000, as shall reflect variations that may occur in the components upon which the appraisal of True Rental was based, which amounts shall be certified by the appraiser and thereafter approved by the State Administrative Board and the Authority as authorized by 1964 PA 183, as amended; and be it further
Resolved, That the Lease is hereby approved by this concurrent resolution, and the Governor and the Secretary of State are authorized and directed to execute the Lease for and on behalf of the State; and be it further
Resolved, That, by hereby approving the Lease among the State, the Educational Institution, and the Authority, the Legislature agrees to appropriate annually sufficient amounts to pay the rent as obligated pursuant to the Lease; and be it further
Resolved, That copies of this concurrent resolution be transmitted to the Governor, the Secretary of State, the Authority, the Board of Trustees of Schoolcraft College, and the State Budget Director.
The concurrent resolution was referred to the Committee on Appropriations.
THIS RESOLUTION IS OFFERED TO COMPLY WITH MCL §§ 830.415 AND 830.417 AND REQUIRES A RECORD ROLL CALL VOTE.
Rep. Hood offered the following concurrent resolution:
House Concurrent Resolution No. 17.
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 Ferris State University relative to the Ferris State University Instructional Resource Center.
Whereas, Section 5 of 1964 PA 183, as amended, being MCL § 830.415, requires the approval of the Board of Trustees of Ferris State University (the "Educational Institution"), the State Administrative Board, and the Michigan Legislature by concurrent resolution concurred in by a majority of the members elected to and serving in each house, with the votes and names of the members voting thereon entered in the journal, before land owned by the Educational Institution may be conveyed to the State Building Authority (the "Authority"); and
Whereas, The site for the Ferris State University Instructional Resource Center (the "Facility") is currently owned by the Educational Institution; and
Whereas, Section 7 of 1964 PA 183, as amended, being MCL § 830.417, requires the approval of the State Administrative Board and the Michigan Legislature by concurrent resolution concurred in by a majority of the memberselected to and serving in each house, with the votes and names of the members voting thereon entered in the journal, before the State of Michigan (the "State") may enter into a lease with the Authority upon a showing of a public purpose; and
Whereas, Providing additional space to be used by the Educational Institution pursuant to the lease for the Facility is a recognized public purpose; and
Whereas, A lease among the Authority, the State, and the Educational Institution has been prepared providing for the leasing of the Facility by the Authority to the State and the Educational Institution (the "Lease"); and
Whereas, The Executive Director of the Authority has furnished the Joint Capital Outlay Subcommittee of the Legislature with information and documents relative to the Lease; now, therefore, be it
Resolved by the House of Representatives (the Senate concurring), That the Total Facility Cost for the Ferris State University Instructional Resource Center shall not exceed $8,500,000 (the Authority share is $5,624,800, the State General Fund/General Purpose share is $200, and the Educational Institution share is $2,875,000), plus interest charges on monies advanced by the State to meet the construction cash flow requirements of the Facility, if any, of which not more than $5,624,800, plus interest charges on monies advanced by the State to meet the construction cash flow requirements of the Facility, if any, shall be financed from bonds issued by the Authority, exclusive of amounts necessary for reserves, interest, or other nonconstruction costs; and be it further
Resolved, That the Legislature hereby approves the necessary conveyances of property to the Authority as more particularly described in the Lease and attachments thereto; and be it further
Resolved, That the Legislature hereby approves the Authority acquiring the Facility and leasing it to the State and the Educational Institution and hereby determines that the leasing of the Facility from the Authority is for a public purpose as authorized by 1964 PA 183, as amended; and be it further
Resolved, That the annual amounts of "True Rental" for the Facility shall be within or below the range of $375,000 and $490,000, as shall reflect variations that may occur in the components upon which the appraisal of True Rental was based, which amounts shall be certified by the appraiser and thereafter approved by the State Administrative Board and the Authority as authorized by 1964 PA 183, as amended; and be it further
Resolved, That the Lease is hereby approved by this concurrent resolution, and the Governor and the Secretary of State are authorized and directed to execute the Lease for and on behalf of the State; and be it further
Resolved, That, by hereby approving the Lease among the State, the Educational Institution, and the Authority, the Legislature agrees to appropriate annually sufficient amounts to pay the rent as obligated pursuant to the Lease; and be it further
Resolved, That copies of this concurrent resolution be transmitted to the Governor, the Secretary of State, the Authority, the Board of Trustees of Ferris State University, and the State Budget Director.
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 on Wednesday, March 28:
House Bill Nos. 4531 4532 4533 4534 4535
The Clerk announced that the following Senate bills had been received on Wednesday, March 28:
Senate Bill Nos. 53 209
Reports of Standing Committees
The Committee on Tax Policy, by Rep. Bieda, Chair, reported
House Bill No. 4338, entitled
A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending section 351 (MCL 206.351), as amended by 2003 PA 22.
Without amendment and with the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Bieda, Condino, Farrah, Robert Jones, Mayes, Meisner, Melton, Sheltrown, Warren, Young, Meltzer, Steil, Pastor, Wenke and Calley
Nays: None
The Committee on Tax Policy, by Rep. Bieda, Chair, reported
House Bill No. 4375, entitled
A bill to provide for the exemption of certain property from certain taxes; to levy and collect a specific tax upon the owners of certain property; to provide for the disposition of the tax; to prescribe the powers and duties of certain local government officials; and to provide penalties.
Without amendment and with the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Bieda, Condino, Farrah, Robert Jones, Mayes, Meisner, Melton, Sheltrown, Warren, Young and Wenke
Nays: Reps. Meltzer, Sheen, Steil and Pastor
The Committee on Tax Policy, by Rep. Bieda, Chair, reported
House Bill No. 4376, entitled
A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 34d (MCL 211.34d), as amended by 2005 PA 12, and by adding section 7ll.
Without amendment and with the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Bieda, Condino, Farrah, Robert Jones, Mayes, Meisner, Melton, Sheltrown, Warren, Young and Wenke
Nays: Reps. Meltzer, Sheen, Steil and Pastor
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Bieda, Chair, of the Committee on Tax Policy, was received and read:
Meeting held on: Tuesday, March 27, 2007
Present: Reps. Bieda, Condino, Farrah, Robert Jones, Mayes, Meisner, Melton, Sheltrown, Warren, Young, Meltzer, Sheen, Steil, Pastor, Wenke and Calley
Absent: Rep. Palmer
Excused: Rep. Palmer
The Committee on Intergovernmental, Urban and Regional Affairs, by Rep. Byrum, Chair, reported
House Bill No. 4068, 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," by amending section 9 (MCL 45.559), as amended by 2003 PA 281.
Without amendment and with the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Byrum, Young, Coulouris, Johnson, Pavlov, Nitz, Meekhof and Opsommer
Nays: None
The Committee on Intergovernmental, Urban and Regional Affairs, by Rep. Byrum, Chair, reported
House Bill No. 4286, entitled
A bill to amend 1893 PA 206, entitled "The general property tax act," by amending sections 1a, 59, 78b, 78c, 78f, 78g, 78i, and 78k (MCL 211.1a, 211.59, 211.78b, 211.78c, 211.78f, 211.78g, 211.78i, and 211.78k), section 59 as amended by 2006 PA 626, sections 78b, 78c, 78f, and 78g as amended by 2003 PA 263, and sections 78i and 78k as amended by 2006 PA 611.
With the recommendation that the bill be referred to the Committee on Tax Policy.
Favorable Roll Call
To Report Out:
Yeas: Reps. Byrum, Young, Coulouris, Johnson, Pavlov, Nitz, Meekhof and Opsommer
Nays: None
The recommendation was concurred in and the bill was referred to the Committee on Tax Policy.
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Byrum, Chair, of the Committee on Intergovernmental, Urban and Regional Affairs, was received and read:
Meeting held on: Wednesday, March 28, 2007
Present: Reps. Byrum, Young, Coulouris, Farrah, Johnson, Meadows, Pavlov, Nitz, Meekhof and Opsommer
Absent: Rep. Griffin
Excused: Rep. Griffin
The Committee on Tax Policy, by Rep. Bieda, Chair, reported
House Bill No. 4271, entitled
A bill to amend 1941 PA 122, entitled "An act to establish the revenue collection duties of the department of treasury; to prescribe its powers and duties as the revenue collection agency of the state; to prescribe certain powers and duties of the state treasurer; to regulate the importation, stamping, and disposition of certain tobacco products; to provide for the transfer of powers and duties now vested in certain other state boards, commissions, departments and offices; to prescribe certain duties of and require certain reports from the department of treasury; to provide procedures for the payment, administration, audit, assessment, levy of interests or penalties on, and appeals of taxes and tax liability; to prescribe its powers and duties if an agreement to act as agent for a city to administer, collect, and enforce the city income tax act on behalf of a city is entered into with any city; to provide an appropriation; to abolish the state board of tax administration; to prescribe penalties and provide remedies; and to declare the effect of this act," by amending section 28 (MCL 205.28), as amended by 2003 PA 114, and by adding section 3b.
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
To Report Out:
Yeas: Reps. Bieda, Condino, Farrah, Robert Jones, Mayes, Meisner, Melton, Sheltrown, Warren, Young, Sheen, Pastor, Palmer, Wenke and Calley
Nays: Rep. Steil
The Committee on Tax Policy, by Rep. Bieda, Chair, reported
House Bill No. 4374, entitled
A bill to amend 1933 PA 167, entitled "General sales tax act," by amending section 4a (MCL 205.54a), as amended by 2004 PA 173.
Without amendment and with the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Bieda, Condino, Farrah, Robert Jones, Mayes, Meisner, Melton, Sheltrown, Warren, Young, Meltzer, Sheen, Pastor, Palmer, Wenke and Calley
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Bieda, Chair, of the Committee on Tax Policy, was received and read:
Meeting held on: Wednesday, March 28, 2007
Present: Reps. Bieda, Condino, Farrah, Robert Jones, Mayes, Meisner, Melton, Sheltrown, Warren, Young, Meltzer, Sheen, Steil, Pastor, Palmer, Wenke and Calley
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Condino, Chair, of the Committee on Judiciary, was received and read:
Meeting held on: Wednesday, March 28, 2007
Present: Reps. Condino, Coulouris, Bieda, Corriveau, Meadows, Meisner, Scott, Virgil Smith, Warren, Schuitmaker, David Law, Elsenheimer, Stakoe and Rick Jones
Absent: Rep. Rocca
Excused: Rep. Rocca
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Accavitti, Chair, of the Committee on Energy and Technology, was received and read:
Meeting held on: Wednesday, March 28, 2007
Present: Reps. Accavitti, Mayes, Angerer, Brown, Clemente, Ebli, Hammon, Hopgood, Lemmons, Lindberg, Melton, Miller, Nofs, Palsrok, Garfield, Huizenga, Moolenaar, Horn and Opsommer
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Warren, Chair, of the Committee on Great Lakes and Environment, was received and read:
Meeting held on: Wednesday, March 28, 2007
Present: Reps. Warren, Ebli, Griffin, Leland, Meadows, Miller, Valentine, Robertson, Palmer, Moolenaar, Walker and Meekhof
Absent: Reps. Donigan, Kathleen Law and Emmons
Excused: Reps. Donigan, Kathleen Law and Emmons
Messages from the Senate
House Bill No. 4120, entitled
A bill to amend 1964 PA 284, entitled "City income tax act," (MCL 141.501 to 141.787) by adding section 10 to chapter 1 and section 36 to chapter 2.
The Senate has substituted (S-2) the bill.
The Senate has passed the bill as substituted (S-2), ordered that it be given immediate effect and amended the title to read as follows:
A bill to amend 1964 PA 284, entitled "An act to permit the imposition and collection by cities of an excise tax levied on or measured by income; to permit the collection and administration of the tax by the state; to provide the procedure including referendums for, and to require the adoption of a prescribed uniform city income tax ordinance by cities desiring to impose and collect such a tax; to limit the imposition and collection by cities and villages of excise taxes levied on or measured by income; to prescribe the powers and duties of certain state and municipal agencies, departments, and officials; to establish the city income tax trust fund; to provide for appeals; and to prescribe penalties and provide remedies," (MCL 141.501 to 141.787) by adding section 10 to chapter 1.
The Speaker announced that pursuant to Rule 45, the bill was laid over one day.
Senate Bill No. 53, entitled
A bill to amend 1964 PA 284, entitled "City income tax act," (MCL 141.501 to 141.787) by adding section 36 to chapter 2.
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. 209, entitled
A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 53b (MCL 211.53b), as amended by 2006 PA 378.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Notices
I hereby give notice that on the next legislative session day I will move to discharge the Committee on Government Operations from further consideration of House Concurrent Resolution No. 7.
Rep. Hoogendyk
Introduction of Bills
Reps. Angerer, Ebli, Byrum, Donigan, McDowell, Hammon, Warren, Melton, Clack and Simpson introduced
House Bill No. 4536, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 710e (MCL 257.710e), as amended by 1999 PA 29.
The bill was read a first time by its title and referred to the Committee on Transportation.
Reps. Corriveau, Angerer, Condino, McDowell, Espinoza, Valentine, Simpson, Byrum, Robert Jones, Clemente and Clack introduced
House Bill No. 4537, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 909 (MCL 257.909), as amended by 2000 PA 94, and by adding section 710h.
The bill was read a first time by its title and referred to the Committee on Transportation.
Reps. Byrum, Angerer, Ebli, McDowell, Lahti, Warren, Clemente, Young, Corriveau, Espinoza, Simpson, Leland, Condino, Valentine, Griffin, Virgil Smith, Sak, Gonzales, Meisner, Robert Jones and Clack introduced
House Bill No. 4538, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 907 (MCL 257.907), as amended by 2006 PA 298.
The bill was read a first time by its title and referred to the Committee on Transportation.
Reps. Robert Jones, Leland, Alma Smith, Amos, Vagnozzi, Constan, Scott, Donigan, Griffin, Meltzer, Warren, Hopgood, David Law, Ball, Clack, Cushingberry, Valentine, Bieda, Coulouris, Brown, Byrnes, Corriveau, Gillard, Meisner, Lemmons and Kathleen Law introduced
House Bill No. 4539, entitled
A bill to require certain providers of electric service to comply with a portfolio standard for renewable energy; to prescribe the powers and duties of certain state agencies and officials; to create a fund; and to provide for penalties.
The bill was read a first time by its title and referred to the Committee on Energy and Technology.
Reps. Robertson and Stahl introduced
House Bill No. 4540, entitled
A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending section 260 (MCL 206.260), as amended by 1996 PA 484.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
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Rep. Palmer moved that the House adjourn.
The motion prevailed, the time being 5:35 p.m.
The Speaker Pro Tempore declared the House adjourned until Thursday, March 29, at 12:00 Noon.
RICHARD J. BROWN
Clerk of the House of Representatives