No. 83
STATE OF MICHIGAN
JOURNAL
OF THE
House of Representatives
89th Legislature
REGULAR SESSION OF 1998
House Chamber, Lansing, Thursday, December 10, 1998.
10:00 a.m.
The House was called to order by Acting Speaker DeHart.
The roll was called by the Clerk of the House of Representatives, who announced that a quorum was present.
Agee--present
Alley--present
Anthony--present
Baade--present
Baird--present
Bankes--present
Basham--present
Birkholz--present
Bobier--present
Bodem--present
Bogardus--present
Brackenridge--present
Brater--present
Brewer--present
Brown--present
Byl--present
Callahan--present
Cassis--present
Cherry--present
Ciaramitaro--present
Crissman--present
Cropsey--present
Curtis--present
Dalman--present
DeHart--present
DeVuyst--present
Dobb--present
Dobronski--present
Emerson--present
Fitzgerald--present
Frank--present
Freeman--present
Gagliardi--present
Galloway--present
Geiger--present
Gernaat--present
Gilmer--present
Gire--present
Godchaux--present
Goschka--present
Green--present
Griffin--present
Gubow--present
Gustafson--present
Hale--present
Hammerstrom--present
Hanley--present
Harder--present
Hertel--present
Horton--present
Jansen--present
Jelinek--present
Jellema--present
Johnson--present
Kaza--present
Kelly--present
Kilpatrick--present
Kukuk--present
LaForge--present
Law--present
Leland--present
LeTarte--present
Llewellyn--present
London--present
Lowe--present
Mans--present
Martinez--present
Mathieu--present
McBryde--present
McManus--present
McNutt--present
Middaugh--present
Middleton--present
Nye--present
Olshove--present
Owen--present
Oxender--present
Palamara--present
Parks--present
Perricone--present
Price--present
Profit--present
Prusi--present
Quarles--present
Raczkowski--present
Rhead--present
Richner--present
Rison--present
Rocca--present
Sanborn--present
Schauer--present
Schermesser--present
Schroer--present
Scott--e/d/s
Scranton--present
Sikkema--present
Stallworth--present
Tesanovich--present
Thomas--present
Varga--present
Vaughn--absent
Voorhees--present
Walberg--present
Wallace--present
Wetters--present
Whyman--present
Willard--present
Wojno--present
e/d/s = entered during session
Rep. Cropsey, from the 86th District, offered the following invocation:
"Dear Lord, we thank you for this holiday season when we remember the birth of the Lord and Savior, Jesus Christ. We pray Lord, that we would remember that God so loved the world that He gave His only begotten Son. During these last few days Lord might we show our love for one another, and that You be the one who is honored and glorified. Bless the proceedings today. Might we stand up and always do what is right for the people of this state. We ask this in the name of our Lord and Savior, Jesus Christ. Amen."
Notices
December 10, 1998
In accordance with House Rule 10, I hereby designate Representative Eileen DeHart, to be the Presiding Officer for all, or part of today's session.
Sincerely,
Curtis Hertel
Speaker of the House
By unanimous consent the House returned to the order of
Reports of Standing Committees
The Speaker laid before the House
House Resolution No. 457.
A resolution to call for the establishment of a system of specialty license plates.
(For text of resolution, see House Journal No. 78, p. 2405.)
(The resolution was reported by the Committee on Transportation on December 9, consideration of which was postponed until today under the rules.)
The question being on the adoption of the resolution,
The resolution was adopted, a majority of the members serving voting therefor.
Reps. Alley, Anthony, Baade, Basham, Brackenridge, Callahan, DeHart, DeVuyst, Gagliardi, Gilmer, Gire, Hertel, Jellema, Johnson, Kelly, Kukuk, Law, Llewellyn, London, McManus, Middaugh, Perricone, Quarles, Richner, Sanborn, Schauer and Voorhees were named co-sponsors of the resolution.
______
Rep. Palamara asked and obtained a temporary excuse from today's session.
Rep. Freeman moved that Rep. Emerson be excused temporarily from today's session.
The motion prevailed.
Rep. Thomas moved that Rep. Stallworth be excused temporarily from today's session.
The motion prevailed.
Rep. Basham moved that Rep. Schermesser be excused temporarily from today's session.
The motion prevailed.
Messages from the Senate
The Speaker laid before the House
House Bill No. 5327, entitled
A bill to amend 1962 PA 174, entitled "Uniform commercial code," by amending sections 1105, 2512, 5101, 5102, 5103, 5104, 5105, 5106, 5107, 5108, 5109, 5110, 5111, 5112, 5113, 5114, 5115, 5116, 5117, 9103, 9104, 9105, 9106, 9304, and 9305 (MCL 440.1105, 440.2512, 440.5101, 440.5102, 440.5103, 440.5104, 440.5105, 440.5106, 440.5107, 440.5108, 440.5109, 440.5110, 440.5111, 440.5112, 440.5113, 440.5114, 440.5115, 440.5116, 440.5117, 440.9103, 440.9104, 440.9105, 440.9106, 440.9304, and 440.9305), section 1105 as amended by 1992 PA 101, sections 5114, 9103, 9304, and 9305 as amended by 1987 PA 16, and section 9105 as amended by 1988 PA 130.
(The bill was received from the Senate on December 8, with substitute (S-1), title amendment and immediate effect given by the Senate, consideration of which, under the rules, was postponed until December 9, see House Journal No. 81, p. 2531.)
The question being on concurring in the adoption of the substitute (S-1) made to the bill by the Senate,
The substitute (S-1) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1104 Yeas--95
Agee DeHart Johnson Perricone
Alley DeVuyst Kaza Price
Anthony Dobb Kelly Profit
Baade Dobronski Kilpatrick Prusi
Baird Fitzgerald Kukuk Quarles
Bankes Frank Law Raczkowski
Basham Freeman Leland Rhead
Birkholz Galloway LeTarte Richner
Bobier Geiger Llewellyn Rison
Bodem Gernaat London Rocca
Bogardus Gilmer Lowe Sanborn
Brackenridge Gire Mans Schauer
Brater Godchaux Martinez Schroer
Brewer Goschka Mathieu Scranton
Brown Green McBryde Sikkema
Byl Gustafson McManus Tesanovich
Callahan Hale McNutt Thomas
Cassis Hammerstrom Middaugh Voorhees
Cherry Hanley Middleton Walberg
Ciaramitaro Harder Nye Wetters
Crissman Horton Olshove Whyman
Cropsey Jansen Owen Willard
Curtis Jelinek Oxender Wojno
Dalman Jellema Parks
Nays--0
In The Chair: DeHart
The House agreed to the title as amended.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
The Speaker laid before the House
House Bill No. 5613, entitled
A bill to amend 1846 RS 83, entitled "Of marriage and the solemnization thereof," by amending sections 7 and 16 (MCL 551.7 and 551.16), section 7 as amended by 1983 PA 64.
(The bill was received from the Senate on December 8, with substitute (S-3), immediate effect given by the Senate, consideration of which, under the rules, was postponed until December 9, see House Journal No. 81, p. 2532.)
The question being on concurring in the adoption of the substitute (S-3) made to the bill by the Senate,
The substitute (S-3) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1105 Yeas--55
Agee Ciaramitaro Hanley Price
Alley Crissman Harder Profit
Anthony Curtis Hertel Prusi
Baade DeHart Kelly Quarles
Baird Dobronski Kilpatrick Rison
Basham Fitzgerald LaForge Schauer
Bobier Freeman Leland Schermesser
Bodem Gagliardi Mans Schroer
Bogardus Galloway Martinez Tesanovich
Brackenridge Gilmer Mathieu Thomas
Brater Gire Olshove Varga
Brewer Godchaux Owen Wetters
Brown Hale Palamara Wojno
Callahan Hammerstrom Parks
Nays--44
Bankes Goschka LeTarte Perricone
Birkholz Green Llewellyn Raczkowski
Byl Gubow London Rhead
Cassis Gustafson Lowe Richner
Cropsey Horton McBryde Rocca
Dalman Jansen McManus Sanborn
DeVuyst Jelinek McNutt Sikkema
Dobb Jellema Middaugh Voorhees
Frank Johnson Middleton Walberg
Geiger Kaza Nye Whyman
Gernaat Kukuk Oxender Willard
In The Chair: DeHart
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
______
Rep. Hammerstrom moved that Reps. Raczkowski, Cassis, Crissman, Kaza, Dobb, Galloway and Godchaux be excused temporarily from today's session.
The motion prevailed.
Third Reading of Bills
Senate Bill No. 1021, entitled
A bill to repeal local acts prohibiting or restricting Sunday hunting.
(The bill was read a third time, amendment offered and postponed temporarily on December 9, see House Journal No. 82, p. 2559.)
The question being on the seconding of the motion by Rep. London,
The motion was seconded.
The question being on the adoption of the amendment offered previously by Rep. London,
Rep. Willard moved to amend the London amendment as follows:
1. Amend Rep. London's Amendment No. 1, page 1, following line 5, Enacting section 2, after "on the question." by striking out "The question of approval of enacting section 1 may be submitted" and inserting "The county board of commissioners of Macomb county may submit the question of approval of enacting section 1".
2. Amend Rep. London's Amendment No. 1, page 1, following line 5, Enacting section 4, after "on the question." by striking out "The question of approval of enacting section 3 shall be submitted" and inserting "The county board of commissioners of St. Clair county may submit the question of approval of enacting section 3".
3. Amend Rep. London's Amendment No. 1, page 1, following line 5, Enacting section 4, after "purpose by the county board of commissioners of St. Clair county." by striking out "The" and inserting "If submitted, the".
The motion was seconded and the amendments were adopted, a majority of the members serving voting therefor.
The question being on the adoption of the amendment offered previously by Rep. London,
The amendment was adopted, a majority of the members serving voting therefor.
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. 1106 Yeas--81
Alley Dobronski Kilpatrick Prusi
Anthony Fitzgerald Law Quarles
Baade Frank Leland Raczkowski
Baird Freeman Llewellyn Rhead
Bankes Gagliardi London Richner
Basham Galloway Lowe Rison
Birkholz Gernaat Mans Rocca
Bobier Gilmer Martinez Sanborn
Bodem Gire Mathieu Schauer
Bogardus Goschka McBryde Schermesser
Brackenridge Gubow McManus Scranton
Brewer Gustafson McNutt Sikkema
Brown Hale Middaugh Tesanovich
Callahan Hammerstrom Olshove Thomas
Cassis Hanley Owen Varga
Cherry Harder Oxender Walberg
Ciaramitaro Hertel Palamara Wetters
Crissman Horton Parks Whyman
Curtis Jelinek Perricone Willard
DeHart Kaza Price Wojno
DeVuyst
Nays--16
Brater Green Kelly Nye
Byl Jansen Kukuk Profit
Cropsey Jellema LaForge Schroer
Dalman Johnson LeTarte Voorhees
In The Chair: DeHart
The House agreed to the title of the bill.
Rep. Thomas moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Rep. Kukuk, having reserved the right to explain his protest against the passage of the bill, made the following statement:
"Mr. Speaker and members of the House:
I voted 'No' on this bill because it repeals the ban on hunting on Sundays in Macomb County.
Macomb County outlawed hunting on Sundays many years ago in response to disturbances and disruption of worship services in the House of the Lord caused by gunfire. Sundays are traditionally a day set aside for family gatherings."
______
Rep. Thomas moved that House Committees be given leave to meet during the balance of today's session.
The motion prevailed.
Rep. Schermesser moved that Rep. Hale be excused temporarily from today's session.
The motion prevailed.
Rep. Brackenridge moved that Rep. Crissman be excused temporarily from today's session.
The motion prevailed.
Senate Bill No. 820, entitled
A bill to license and regulate bail recovery agents; to provide for certain powers and duties for certain state agencies and law enforcement agencies; to require the obtaining of surety devices by licensees; to provide for the imposition of certain fees and establishment of certain standards of operation of licensees; to provide for the promulgation of rules; and to provide remedies and prescribe penalties.
(The bill was read a third time and postponed temporarily on December 9, see House Journal No. 82, p. 2588.)
The question being on the passage of the bill,
Rep. Nye moved to amend the bill as follows:
1. Amend page 6, line 5, by striking out "misdemeanor" and inserting "felony".
2. Amend page 6, line 5, after the first "than" by striking out "1 year" and inserting "2 years".
The motion was seconded and the amendments were adopted, a majority of the members serving voting therefor.
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. 1107 Yeas--94
Agee DeVuyst Kelly Price
Alley Dobronski Kilpatrick Profit
Anthony Fitzgerald Kukuk Prusi
Baade Frank LaForge Quarles
Baird Freeman Law Raczkowski
Bankes Gagliardi Leland Rhead
Basham Galloway LeTarte Richner
Birkholz Geiger Llewellyn Rison
Bobier Gernaat London Rocca
Bodem Gilmer Lowe Sanborn
Bogardus Gire Mans Schauer
Brackenridge Goschka Mathieu Schermesser
Brater Green McBryde Scranton
Brewer Gustafson McManus Sikkema
Brown Hammerstrom McNutt Tesanovich
Byl Hanley Middaugh Thomas
Callahan Harder Nye Varga
Cassis Hertel Olshove Voorhees
Cherry Horton Owen Walberg
Ciaramitaro Jansen Oxender Wetters
Cropsey Jelinek Palamara Whyman
Curtis Jellema Parks Willard
Dalman Johnson Perricone Wojno
DeHart Kaza
Nays--0
In The Chair: DeHart
The House agreed to the title of the bill.
______
Rep. Tesanovich moved that Rep. Cherry be excused temporarily from today's session.
The motion prevailed.
Senate Bill No. 841, entitled
A bill to amend 1982 PA 294, entitled "Friend of the court act," (MCL 552.501 to 552.535) by adding sections 4b and 4c.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1108 Yeas--93
Agee Dobb Jellema Perricone
Alley Dobronski Johnson Price
Anthony Fitzgerald Kaza Profit
Baade Frank Kelly Prusi
Bankes Freeman Kilpatrick Quarles
Basham Gagliardi Kukuk Raczkowski
Birkholz Galloway LaForge Rhead
Bobier Geiger Law Richner
Bodem Gernaat Leland Rison
Bogardus Gilmer LeTarte Rocca
Brackenridge Gire London Sanborn
Brater Godchaux Lowe Schauer
Brewer Goschka Martinez Schermesser
Brown Green Mathieu Schroer
Byl Gustafson McBryde Scranton
Callahan Hale McManus Sikkema
Cassis Hammerstrom Middaugh Tesanovich
Ciaramitaro Hanley Middleton Thomas
Crissman Harder Olshove Voorhees
Cropsey Hertel Owen Walberg
Curtis Horton Oxender Whyman
Dalman Jansen Palamara Willard
DeHart Jelinek Parks Wojno
DeVuyst
Nays--2
Baird Nye
In The Chair: DeHart
Pursuant to Joint Rule 20, the full title of the act shall read as follows:
"An act to revise and consolidate the laws relating to the friend of the court; to provide for the appointment or removal of the friend of the court; to create the office of the friend of the court; to establish the rights, powers, and duties of the friend of the court and the office of the friend of the court; to establish a state friend of the court bureau and to provide the powers and duties of the bureau; to prescribe powers and duties of the circuit court and of certain state and local agencies and officers; to establish friend of the court citizen advisory committees; to prescribe certain duties of certain employers and former employers; and to repeal acts and parts of acts,".
The House agreed to the full title.
Rep. Thomas moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
______
Rep. Hale, under Rule 33, made the following statement:
"Mr. Speaker and members of the House:
I was absent from the Chamber when the vote was taken on Roll Call No. 1107. Had I been present, I would have voted 'yes'."
Senate Bill No. 1152, entitled
A bill to amend 1939 PA 288, entitled "An act to revise and consolidate the statutes relating to certain aspects of the family division of circuit court, to the jurisdiction, powers, and duties of the family division of circuit court and its judges and other officers, to the change of name of adults and children, and to the adoption of adults and children; to prescribe certain jurisdiction, powers, and duties of the family division of circuit court and its judges and other officers; to prescribe the manner and time within which certain actions and proceedings may be brought in the family division of the circuit court; to prescribe pleading, evidence, practice, and procedure in certain actions and proceedings in the family division of circuit court; to provide for appeals from certain actions in the family division of circuit court; to prescribe the powers and duties of certain state departments, agencies, and officers; and to provide remedies and penalties," by amending sections 18f, 19b, and 19c of chapter XIIA (MCL 712A.18f, 712A.19b, and 712A.19c), section 18f as amended by 1997 PA 163, section 19b as amended by 1997 PA 169, and section 19c as added by 1988 PA 224.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1109 Yeas--99
Agee Dobronski Kelly Price
Alley Fitzgerald Kilpatrick Profit
Anthony Frank Kukuk Prusi
Baird Freeman LaForge Quarles
Bankes Gagliardi Law Raczkowski
Basham Galloway Leland Rhead
Birkholz Geiger LeTarte Richner
Bobier Gernaat Llewellyn Rison
Bodem Gilmer London Rocca
Bogardus Gire Lowe Sanborn
Brackenridge Godchaux Mans Schauer
Brater Goschka Martinez Schermesser
Brewer Green Mathieu Schroer
Brown Gustafson McBryde Scranton
Byl Hale McManus Sikkema
Callahan Hammerstrom McNutt Tesanovich
Cassis Hanley Middaugh Thomas
Ciaramitaro Harder Middleton Varga
Crissman Hertel Nye Voorhees
Cropsey Horton Olshove Walberg
Curtis Jansen Owen Wetters
Dalman Jelinek Oxender Whyman
DeHart Jellema Palamara Willard
DeVuyst Johnson Parks Wojno
Dobb Kaza Perricone
Nays--0
In The Chair: DeHart
Rep. Thomas moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Senate Bill No. 1210, entitled
A bill to amend 1978 PA 642, entitled "Revised probate code," by amending section 424 (MCL 700.424), as amended by 1996 PA 8.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1110 Yeas--97
Agee Dobb Kaza Price
Alley Dobronski Kelly Profit
Anthony Fitzgerald Kilpatrick Prusi
Baade Frank Kukuk Quarles
Baird Freeman LaForge Raczkowski
Bankes Gagliardi Law Rhead
Basham Galloway Leland Richner
Birkholz Geiger LeTarte Rison
Bobier Gernaat London Rocca
Bodem Gilmer Lowe Sanborn
Bogardus Godchaux Mans Schauer
Brackenridge Goschka Martinez Schermesser
Brater Green Mathieu Schroer
Brewer Gustafson McBryde Scranton
Brown Hale McManus Sikkema
Byl Hammerstrom McNutt Tesanovich
Callahan Hanley Middaugh Thomas
Cassis Harder Middleton Varga
Ciaramitaro Hertel Nye Voorhees
Crissman Horton Olshove Walberg
Cropsey Jansen Owen Wetters
Curtis Jelinek Oxender Whyman
Dalman Jellema Palamara Willard
DeHart Johnson Parks Wojno
DeVuyst
Nays--0
In The Chair: DeHart
Pursuant to Joint Rule 20, the full title of the act shall read as follows:
"An act to revise and consolidate the laws relative to the probate of decedents' estates, guardianships, conservatorships, protective proceedings, trusts, and powers of attorney; to prescribe penalties and liabilities; and to repeal certain acts and parts of acts,".
The House agreed to the full title.
Rep. Thomas moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
______
Rep. Kelly moved that Rep. Thomas be excused temporarily from today's session.
The motion prevailed.
Senate Bill No. 1211, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 2637, 2640, 16648, 18117, and 18237 (MCL 333.2637, 333.2640, 333.16648, 333.18117, and 333.18237), section 2640 as added by 1996 PA 307 and sections 16648, 18117, and 18237 as amended by 1993 PA 79, and by adding section 16281.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1111 Yeas--90
Agee Fitzgerald Kelly Profit
Alley Frank Kilpatrick Prusi
Anthony Freeman Kukuk Quarles
Baade Gagliardi LaForge Raczkowski
Baird Galloway Law Rhead
Bankes Geiger Leland Richner
Basham Gernaat LeTarte Rison
Birkholz Gilmer London Rocca
Bobier Gire Lowe Sanborn
Bodem Godchaux Mans Schauer
Bogardus Goschka Martinez Schermesser
Brackenridge Green Mathieu Schroer
Brater Gubow McBryde Scranton
Brown Hale McManus Sikkema
Byl Hammerstrom McNutt Tesanovich
Callahan Hanley Middaugh Varga
Cassis Harder Nye Voorhees
Crissman Hertel Olshove Walberg
Curtis Horton Oxender Wetters
Dalman Jansen Palamara Whyman
DeHart Jellema Parks Willard
Dobb Johnson Price Wojno
Dobronski Kaza
Nays--0
In The Chair: DeHart
Pursuant to Joint Rule 20, the full title of the act shall read as follows:
"An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates,".
The House agreed to the full title.
Rep. Gagliardi moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Senate Bill No. 1212, entitled
A bill to amend 1994 PA 203, entitled "Foster care and adoption services act," by amending section 6 (MCL 722.956).
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1112 Yeas--96
Agee DeVuyst Jellema Perricone
Alley Dobb Johnson Price
Anthony Dobronski Kelly Profit
Baade Fitzgerald Kilpatrick Prusi
Baird Frank Kukuk Quarles
Bankes Freeman LaForge Raczkowski
Basham Gagliardi Law Rhead
Birkholz Galloway Leland Richner
Bobier Geiger LeTarte Rison
Bodem Gernaat London Rocca
Bogardus Gilmer Lowe Sanborn
Brackenridge Gire Mans Schauer
Brater Godchaux Martinez Schermesser
Brewer Goschka Mathieu Schroer
Brown Green McBryde Scranton
Byl Gubow McManus Sikkema
Callahan Gustafson McNutt Tesanovich
Cassis Hale Middaugh Varga
Ciaramitaro Hammerstrom Nye Voorhees
Crissman Hanley Olshove Walberg
Cropsey Harder Owen Wetters
Curtis Horton Oxender Whyman
Dalman Jansen Palamara Willard
DeHart Jelinek Parks Wojno
Nays--0
In The Chair: DeHart
Pursuant to Joint Rule 20, the full title of the act shall read as follows:
"An act to establish certain standards for foster care and adoption services for children and their families; and to prescribe powers and duties of certain state agencies and departments and adoption facilitators,".
The House agreed to the full title.
Rep. Gagliardi moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Senate Bill No. 1225, entitled
A bill to amend 1974 PA 258, entitled "Mental health code," by amending sections 100a, 161, and 748 (MCL 330.1100a, 330.1161, and 330.1748), section 100a as added and section 161 as amended by 1995 PA 290 and section 748 as amended by 1996 PA 588, and to add section 748a.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1113 Yeas--98
Agee Dobb Johnson Perricone
Alley Dobronski Kaza Price
Anthony Emerson Kelly Profit
Baade Fitzgerald Kilpatrick Prusi
Baird Frank Kukuk Quarles
Bankes Freeman Law Raczkowski
Basham Gagliardi Leland Rhead
Birkholz Galloway LeTarte Richner
Bobier Geiger Llewellyn Rison
Bodem Gernaat London Rocca
Bogardus Gilmer Lowe Sanborn
Brackenridge Gire Mans Schauer
Brater Godchaux Martinez Schermesser
Brewer Goschka Mathieu Schroer
Brown Green McBryde Scranton
Byl Gubow McManus Sikkema
Callahan Gustafson McNutt Tesanovich
Cassis Hale Middaugh Thomas
Cherry Hammerstrom Nye Varga
Ciaramitaro Hanley Olshove Voorhees
Crissman Harder Owen Wetters
Curtis Horton Oxender Whyman
Dalman Jansen Palamara Willard
DeHart Jelinek Parks Wojno
DeVuyst Jellema
Nays--0
In The Chair: DeHart
Pursuant to Joint Rule 20, the full title of the act shall read as follows:
"An act to codify, revise, consolidate, and classify the laws relating to mental health; to prescribe the powers and duties of certain state and local agencies and officials and certain private agencies and individuals; to regulate certain agencies and facilities providing mental health services; to provide for certain charges and fees; to establish civil admission procedures for individuals with mental illness or developmental disabilities; to establish guardianship procedures for individuals with development disability; to establish procedures regarding individuals with mental illness or developmental disability who are in the criminal justice system; to provide for penalties and remedies; and to repeal acts and parts of acts,".
The House agreed to the full title.
Rep. Gagliardi moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Senate Bill No. 603, entitled
A bill to amend 1975 PA 238, entitled "Child protection law," by amending sections 2 and 8 (MCL 722.622 and 722.628), section 2 as amended by 1996 PA 581 and section 8 as amended by 1997 PA 166, and by adding section 8d.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1114 Yeas--99
Agee Dobb Johnson Price
Alley Dobronski Kaza Profit
Anthony Emerson Kelly Prusi
Baade Fitzgerald Kilpatrick Quarles
Baird Frank Kukuk Raczkowski
Bankes Freeman LaForge Rhead
Basham Gagliardi Law Richner
Birkholz Galloway Leland Rison
Bobier Geiger LeTarte Rocca
Bodem Gernaat Llewellyn Sanborn
Bogardus Gilmer London Schauer
Brackenridge Gire Lowe Schermesser
Brater Godchaux Mans Schroer
Brewer Goschka Martinez Scranton
Brown Green Mathieu Sikkema
Byl Gubow McBryde Tesanovich
Callahan Gustafson McManus Thomas
Cassis Hale McNutt Varga
Cherry Hammerstrom Middaugh Voorhees
Ciaramitaro Hanley Nye Walberg
Crissman Harder Olshove Wetters
Cropsey Horton Owen Whyman
Curtis Jansen Oxender Willard
Dalman Jelinek Palamara Wojno
DeVuyst Jellema Parks
Nays--0
In The Chair: DeHart
The question being on agreeing to the title of the bill,
Rep. Gagliardi moved to amend the title to read as follows:
A bill to amend 1975 PA 238, entitled "An act to require the reporting of child abuse and neglect by certain persons; to permit the reporting of child abuse and neglect by all persons; to provide for the protection of children who are abused or neglected; to authorize limited detainment in protective custody; to authorize medical examinations; to prescribe the powers and duties of the state department of social services to prevent child abuse and neglect; to prescribe certain powers and duties of local law enforcement agencies; to safeguard and enhance the welfare of children and preserve family life; to provide for the appointment of legal counsel; to provide for the abrogation of privileged communications; to provide civil and criminal immunity for certain persons; to provide rules of evidence in certain cases; to provide for confidentiality of records; to provide for the expungement of certain records; to prescribe penalties; and to repeal certain acts and parts of acts," by amending sections 2, 7, 8, and 8b (MCL 722.622, 722.627, 722.628, and 722.628b), section 2 as amended by 1996 PA 581, section 7 as amended and section 8b as added by 1997 PA 168, and section 8 as amended by 1997 PA 166, and by adding section 8d.
The motion prevailed.
The House agreed to the title as amended.
Rep. Gagliardi moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Senate Bill No. 954, entitled
A bill to amend 1939 PA 288, entitled "An act to revise and consolidate the statutes relating to certain aspects of the family division of circuit court, to the jurisdiction, powers, and duties of the family division of circuit court and its judges and other officers, to the change of name of adults and children, and to the adoption of adults and children; to prescribe certain jurisdiction, powers, and duties of the family division of circuit court and its judges and other officers; to prescribe the manner and time within which certain actions and proceedings may be brought in the family division of the circuit court; to prescribe pleading, evidence, practice, and procedure in certain actions and proceedings in the family division of circuit court; to provide for appeals from certain actions in the family division of circuit court; to prescribe the powers and duties of certain state departments, agencies, and officers; and to provide remedies and penalties," by amending sections 13a and 17c of chapter XIIA (MCL 712A.13a and 712A.17c), section 13a as amended by 1997 PA 163 and section 17c as amended by 1997 PA 169, and by adding section 17d to chapter XIIA.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1115 Yeas--99
Agee Dobb Johnson Price
Alley Dobronski Kaza Profit
Anthony Emerson Kelly Prusi
Baade Fitzgerald Kilpatrick Quarles
Baird Frank Kukuk Raczkowski
Bankes Freeman LaForge Rhead
Basham Gagliardi Law Richner
Birkholz Galloway Leland Rison
Bobier Geiger LeTarte Rocca
Bodem Gernaat Llewellyn Sanborn
Bogardus Gilmer London Schauer
Brackenridge Gire Lowe Schermesser
Brater Godchaux Mans Schroer
Brewer Goschka Martinez Scranton
Brown Green Mathieu Sikkema
Byl Gubow McBryde Tesanovich
Callahan Gustafson McManus Thomas
Cassis Hale McNutt Varga
Cherry Hammerstrom Middaugh Voorhees
Ciaramitaro Hanley Nye Walberg
Cropsey Harder Olshove Wetters
Curtis Horton Owen Whyman
Dalman Jansen Oxender Willard
DeHart Jelinek Palamara Wojno
DeVuyst Jellema Parks
Nays--0
In The Chair: DeHart
The question being on agreeing to the title of the bill,
Rep. Gagliardi moved to amend the title to read as follows:
A bill to amend 1939 PA 288, entitled "An act to revise and consolidate the statutes relating to certain aspects of the family division of circuit court, to the jurisdiction, powers, and duties of the family division of circuit court and its judges and other officers, to the change of name of adults and children, and to the adoption of adults and children; to prescribe certain jurisdiction, powers, and duties of the family division of circuit court and its judges and other officers; to prescribe the manner and time within which certain actions and proceedings may be brought in the family division of the circuit court; to prescribe pleading, evidence, practice, and procedure in certain actions and proceedings in the family division of circuit court; to provide for appeals from certain actions in the family division of circuit court; to prescribe the powers and duties of certain state departments, agencies, and officers; and to provide remedies and penalties," by amending sections 13a, 17c, 18f, and 19 of chapter XIIA (MCL 712A.13a, 712A.17c, 712A.18f, and 712A.19), sections 13a, 18f, and 19 as amended by 1997 PA 163 and section 17c as amended by 1997 PA 169, and by adding section 17d to chapter XIIA.
The motion prevailed.
The House agreed to the title as amended.
Rep. Gagliardi moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
By unanimous consent the House returned to the order of
Messages from the Senate
House Bill No. 5717, entitled
A bill to amend 1994 PA 451, entitled "An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, and assessments; to provide certain appropriations; to prescribe penalties and provide remedies; to repeal certain parts of this act on a specific date; and to repeal certain acts and parts of acts," (MCL 324.101 to 324.90106) by adding sections 82126a, 82126b, and 82126c.
The Senate has concurred in the House amendments to the Senate amendments and ordered that the bill be given immediate effect.
Rep. Gagliardi moved to reconsider the vote by which the House gave the bill immediate effect..
The motion prevailed, a majority of the members present voting therefor.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
______
Rep. Prusi moved that Reps. Hanley and Kilpatrick be excused temporarily from today's session.
The motion prevailed.
Rep. Schermesser moved that Rep. Cherry be excused temporarily from today's session.
The motion prevailed.
Rep. Brackenridge moved that Rep. Crissman be excused temporarily from today's session.
The motion prevailed.
Third Reading of Bills
Senate Bill No. 955, entitled
A bill to amend 1978 PA 642, entitled "Revised probate code," by amending sections 6, 8, 427, and 437 (MCL 700.6, 700.8, 700.427, and 700.437), section 8 as amended by 1988 PA 398 and sections 427 and 437 as amended by 1990 PA 313, and by adding section 427a.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1116 Yeas--90
Agee DeVuyst Johnson Price
Alley Dobb Kaza Prusi
Anthony Dobronski Kelly Raczkowski
Baade Fitzgerald Kukuk Rhead
Baird Frank LaForge Richner
Bankes Freeman Law Rison
Basham Gagliardi Leland Rocca
Birkholz Galloway Llewellyn Sanborn
Bobier Geiger London Schauer
Bodem Gernaat Lowe Schermesser
Bogardus Gilmer Mans Schroer
Brackenridge Gire Martinez Scranton
Brater Godchaux Mathieu Sikkema
Brewer Goschka McBryde Stallworth
Brown Green McManus Tesanovich
Byl Gubow Middaugh Varga
Callahan Gustafson Nye Voorhees
Cassis Hale Olshove Walberg
Ciaramitaro Hammerstrom Owen Wetters
Cropsey Harder Oxender Whyman
Curtis Horton Palamara Willard
Dalman Jansen Parks Wojno
DeHart Jellema
Nays--0
In The Chair: DeHart
The question being on agreeing to the title of the bill,
Rep. Gagliardi moved to amend the title to read as follows:
A bill to amend 1978 PA 642, entitled "An act to revise and consolidate the laws relative to the probate of decedents' estates, guardianships, conservatorships, protective proceedings, trusts, and powers of attorney; to prescribe penalties and liabilities; and to repeal certain acts and parts of acts," by amending sections 3, 8, 427, and 437 (MCL 700.3, 700.8, 700.427, and 700.437), section 3 as amended by 1988 PA 222, section 8 as amended by 1988 PA 398, and sections 427 and 437 as amended by 1990 PA 313, and by adding section 427a.
The motion prevailed.
The House agreed to the title as amended.
Rep. Gagliardi moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
______
Rep. Freeman moved that Rep. Emerson be excused temporarily from today's session.
The motion prevailed.
Senate Bill No. 1032, entitled
A bill to amend 1975 PA 238, entitled "Child protection law," by amending sections 7 and 10 (MCL 722.627 and 722.630), section 7 as amended by 1997 PA 168.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1117 Yeas--97
Agee Dobb Johnson Profit
Alley Dobronski Kaza Prusi
Anthony Fitzgerald Kelly Quarles
Baade Frank Kukuk Raczkowski
Baird Freeman LaForge Rhead
Bankes Gagliardi Law Richner
Basham Galloway Leland Rison
Birkholz Geiger LeTarte Rocca
Bobier Gernaat Llewellyn Sanborn
Bodem Gilmer London Schauer
Bogardus Gire Lowe Schermesser
Brackenridge Godchaux Mans Schroer
Brater Goschka Martinez Scranton
Brewer Green Mathieu Sikkema
Brown Gubow McBryde Stallworth
Byl Gustafson McManus Tesanovich
Callahan Hale Middaugh Thomas
Cassis Hammerstrom Nye Varga
Cherry Harder Olshove Voorhees
Ciaramitaro Hertel Owen Walberg
Cropsey Horton Oxender Wetters
Curtis Jansen Palamara Whyman
Dalman Jelinek Parks Willard
DeHart Jellema Price Wojno
DeVuyst
Nays--0
In The Chair: DeHart
The question being on agreeing to the title of the bill,
Rep. Gagliardi moved to amend the title to read as follows:
A bill to amend 1975 PA 238, entitled "An act to require the reporting of child abuse and neglect by certain persons; to permit the reporting of child abuse and neglect by all persons; to provide for the protection of children who are abused or neglected; to authorize limited detainment in protective custody; to authorize medical examinations; to prescribe the powers and duties of the state department of social services to prevent child abuse and neglect; to prescribe certain powers and duties of local law enforcement agencies; to safeguard and enhance the welfare of children and preserve family life; to provide for the appointment of legal counsel; to provide for the abrogation of privileged communications; to provide civil and criminal immunity for certain persons; to provide rules of evidence in certain cases; to provide for confidentiality of records; to provide for the expungement of certain records; to prescribe penalties; and to repeal certain acts and parts of acts," by amending sections 2, 7, and 10 (MCL 722.622, 722.627, and 722.630), section 2 as amended by 1996 PA 581 and section 7 as amended by 1997 PA 168.
The motion prevailed.
The House agreed to the title as amended.
Rep. Gagliardi moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
______
Rep. Schermesser moved that Rep. Cherry be excused temporarily from today's session.
The motion prevailed.
Senate Bill No. 497, entitled
A bill to provide for a waiver of tuition at state public institutions of higher education for children and surviving spouses of Michigan corrections officers killed in the line of duty; and to provide for an appropriation.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1118 Yeas--94
Agee Dobb Kaza Profit
Alley Dobronski Kelly Prusi
Anthony Fitzgerald Kukuk Raczkowski
Baade Frank Law Rhead
Baird Freeman Leland Richner
Bankes Gagliardi LeTarte Rison
Basham Galloway Llewellyn Rocca
Birkholz Geiger London Sanborn
Bobier Gernaat Lowe Schauer
Bodem Gilmer Mans Schermesser
Bogardus Gire Martinez Schroer
Brackenridge Godchaux Mathieu Scranton
Brater Goschka McBryde Sikkema
Brewer Green McManus Stallworth
Byl Gubow McNutt Tesanovich
Callahan Gustafson Middaugh Thomas
Cassis Hale Nye Varga
Ciaramitaro Hammerstrom Olshove Voorhees
Crissman Harder Owen Walberg
Cropsey Horton Oxender Wetters
Curtis Jansen Palamara Whyman
Dalman Jelinek Parks Willard
DeHart Jellema Price Wojno
DeVuyst Johnson
Nays--0
In The Chair: DeHart
Rep. Gagliardi moved to reconsider the vote by which the House passed the bill.
The motion prevailed, a majority of the members serving voting therefor.
The question being on the passage of the bill,
Rep. Gagliardi moved that consideration of the bill be postponed temporarily.
The motion prevailed.
Quorum Call
Rep. Hertel questioned the presence of a quorum and moved that the roll be called and printed in the Journal.
The motion prevailed.
The roll was called and the Clerk announced that a quorum was present.
The following is the roll call:
Roll Call No. 1119 Yeas--85
Agee DeVuyst Jellema Perricone
Baade Dobb Kaza Price
Baird Dobronski Kelly Profit
Bankes Emerson Kukuk Prusi
Basham Fitzgerald LaForge Quarles
Birkholz Frank Law Rhead
Bobier Freeman LeTarte Richner
Bodem Gagliardi London Rocca
Bogardus Geiger Lowe Sanborn
Brackenridge Gernaat Mans Schauer
Brater Gilmer Martinez Schermesser
Brewer Gire Mathieu Schroer
Brown Godchaux McBryde Scranton
Byl Goschka McManus Sikkema
Callahan Gubow McNutt Stallworth
Cassis Hammerstrom Middaugh Tesanovich
Cherry Harder Middleton Thomas
Ciaramitaro Hertel Olshove Varga
Crissman Horton Owen Voorhees
Cropsey Jansen Oxender Whyman
Curtis Jelinek Palamara Wojno
DeHart
In The Chair: DeHart
______
The Speaker assumed the Chair.
Rep. Cassis moved that Rep. Raczkowski be excused temporarily from today's session.
The motion prevailed.
By unanimous consent the House returned to the order of
Motions and Resolutions
The Speaker, on behalf of the entire membership of the House of Representatives, offered the following resolution:
House Resolution No. 467.
A resolution offered as a memorial for Richard G. Smith, former member of the House.
Whereas, With great respect for his lifetime of service to our nation, this state, and his Bay City community, we offer our condolences upon the passing of Richard G. Smith. Throughout his accomplishment-filled career, he shared gifts of unselfishness, intellect, and belief in the law that will long enrich Michigan; and
Whereas, A graduate of Albion College who earned his law degree at the University of Michigan, Richard Smith served our nation with great distinction in the Pacific with the Marines during World War II. Both before and after public service as State Representative from 1953 to 1956 and Bay County Circuit Court Judge from 1957 to 1964, Mr. Smith distinguished himself as an attorney in private practice. His involvement in the civic arena also included service on the Michigan Civil Service Commission and active participation in several bar associations and community groups; and
Whereas, In addition to his considerable public leadership, Richard Smith also contributed to life through his professionalism, an ever present sense of humor, and a genuine love of the law and the way it can help people solve problems. He earned both the acclaim of his peers through awards and the friendship of people he regularly greeted along his walk to work. Indeed, Richard Smith strengthened our state in many ways; now, therefore, be it
Resolved by the House of Representatives, That we offer this expression of our respect for the life and memory of Richard G. Smith, former member of the House and Bay County Circuit Court Judge; and be it further
Resolved, That copies of this resolution be transmitted to the Smith family as evidence of our sympathies.
The question being on the adoption of the resolution,
The resolution was adopted by a unanimous standing vote.
Third Reading of Bills
The House returned to the consideration of
Senate Bill No. 497, entitled
A bill to provide for a waiver of tuition at state public institutions of higher education for children and surviving spouses of Michigan corrections officers killed in the line of duty; and to provide for an appropriation.
(The bill was considered earlier today, see today's journal, p. 2642.)
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. 1120 Yeas--93
Agee DeHart Hertel Olshove
Alley DeVuyst Horton Owen
Anthony Dobb Jansen Oxender
Baade Dobronski Jelinek Palamara
Baird Emerson Jellema Parks
Bankes Fitzgerald Johnson Perricone
Basham Frank Kaza Price
Birkholz Freeman Kelly Profit
Bobier Gagliardi Kukuk Prusi
Bodem Galloway LaForge Richner
Bogardus Geiger Law Rocca
Brackenridge Gernaat LeTarte Sanborn
Brater Gilmer Llewellyn Schauer
Brewer Gire London Schroer
Brown Godchaux Lowe Scranton
Byl Goschka Mans Sikkema
Callahan Green Martinez Stallworth
Cassis Gubow Mathieu Tesanovich
Cherry Gustafson McBryde Thomas
Ciaramitaro Hale McManus Varga
Crissman Hammerstrom McNutt Voorhees
Cropsey Hanley Middaugh Whyman
Curtis Harder Nye Wojno
Dalman
Nays--0
In The Chair: Hertel
The House agreed to the title of the bill.
Rep. Gagliardi moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
______
Acting Speaker DeHart resumed the Chair.
Rep. Agee moved that Rep. Cherry be excused temporarily from today's session.
The motion prevailed.
Rep. Curtis moved that Rep. Leland be excused temporarily from today's session.
The motion prevailed.
By unanimous consent the House returned to the order of
Messages from the Senate
The Speaker laid before the House
House Bill No. 4789, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 16131 and 16263 (MCL 333.16131 and 333.16263), as amended by 1995 PA 126, and by adding section 16336 and part 179.
(The bill was received from the Senate on December 9, with substitute (S-1), title amendment and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 82, p. 2622.)
The question being on concurring in the adoption of the substitute (S-1) made to the bill by the Senate,
The substitute (S-1) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1121 Yeas--80
Agee DeHart Jansen Price
Alley DeVuyst Jelinek Profit
Anthony Dobb Jellema Prusi
Baade Dobronski Johnson Quarles
Baird Fitzgerald Kelly Richner
Bankes Frank LaForge Rocca
Basham Freeman Law Sanborn
Bobier Gagliardi LeTarte Schauer
Bodem Galloway Llewellyn Schermesser
Bogardus Gernaat London Schroer
Brackenridge Gire Martinez Sikkema
Brater Godchaux Mathieu Stallworth
Brewer Goschka McManus Tesanovich
Brown Griffin McNutt Thomas
Byl Gubow Middleton Varga
Callahan Gustafson Olshove Voorhees
Cassis Hale Owen Wallace
Crissman Hammerstrom Oxender Wetters
Curtis Hanley Palamara Willard
Dalman Harder Parks Wojno
Nays--16
Birkholz Green Lowe Perricone
Cropsey Horton McBryde Scranton
Geiger Kaza Middaugh Walberg
Gilmer Kukuk Nye Whyman
In The Chair: DeHart
The House agreed to the title as amended.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
Rep. LaForge asked and obtained a temporary excuse from today's session.
The Speaker laid before the House
House Bill No. 5127, entitled
A bill to amend 1972 PA 239, entitled "McCauley-Traxler-Law-Bowman-McNeely lottery act," by amending section 25 (MCL 432.25), as amended by 1996 PA 167.
(The bill was received from the Senate on December 3, with substitute (S-2), title amendment and immediate effect given by the Senate, consideration of which, under the rules, was postponed until December 8, see House Journal No. 80, p. 2495.)
The question being on concurring in the adoption of the substitute (S-2) made to the bill by the Senate,
The substitute (S-2) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1122 Yeas--58
Agee Curtis Harder Profit
Alley Dalman Kelly Prusi
Anthony DeHart Llewellyn Rhead
Baade Dobb London Rocca
Basham Dobronski Mans Schauer
Bodem Frank Mathieu Schermesser
Brackenridge Freeman McBryde Sikkema
Brater Gagliardi McManus Tesanovich
Brewer Gire Middleton Thomas
Brown Goschka Olshove Varga
Callahan Gubow Owen Wallace
Cassis Gustafson Oxender Wetters
Cherry Hale Palamara Willard
Ciaramitaro Hammerstrom Perricone Wojno
Crissman Hanley
Nays--42
Baird Gernaat Kukuk Price
Bankes Gilmer LaForge Quarles
Birkholz Godchaux Law Richner
Bobier Green LeTarte Sanborn
Bogardus Horton Lowe Schroer
Byl Jansen Martinez Scranton
Cropsey Jelinek McNutt Stallworth
DeVuyst Jellema Middaugh Voorhees
Fitzgerald Johnson Nye Walberg
Galloway Kaza Parks Whyman
Geiger Kilpatrick
In The Chair: DeHart
The House agreed to the title as amended.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
______
Rep. Kukuk, having reserved the right to explain his nay vote, made the following statement:
"Mr. Speaker and members of the House:
I voted 'no' on House Bill 5127 because it promotes gambling in Michigan.
This legislation markets the lottery as a tool toward instant wealth that misrepresents the statistical reality that lottery gambling is a bad personal investment for the player and, like all gambling, erodes family values. I oppose any legislation that enhances the lottery commission's ability to market gambling in Michigan."
______
Rep. Price asked and obtained a temporary excuse from today's session.
Second Reading of Bills
Senate Bill No. 429, entitled
A bill to amend 1893 PA 206, entitled "The general property tax act," (MCL 211.1 to 211.157) by adding section 44c.
Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Tax Policy,
The substitute (H-2) was adopted, a majority of the members serving voting therefor.
Rep. Gagliardi moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed, a majority of the members voting therefor.
Senate Bill No. 430, entitled
A bill to amend 1954 PA 188, entitled "An act to provide for the making of certain improvements by townships; to provide for paying for the improvements by the issuance of bonds; to provide for the levying of taxes; to provide for assessing the whole or a part of the cost of improvements against property benefited; and to provide for the issuance of bonds in anticipation of the collection of special assessments and for the obligation of the township on the bonds," by amending sections 5 and 15b (MCL 41.725 and 41.735b), section 5 as amended by 1986 PA 180.
Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Tax Policy,
The substitute (H-2) was adopted, a majority of the members serving voting therefor.
Rep. Gagliardi moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed, a majority of the members voting therefor.
Senate Bill No. 432, entitled
A bill to amend 1951 PA 33, entitled "An act to provide police and fire protection for townships and for certain areas in townships, certain incorporated villages, and cities under 15,000 population; to authorize contracting for fire and police protection; to authorize the purchase of fire and police equipment, and the maintenance and operation of the equipment; to provide for defraying the cost of the equipment; to authorize the creation of special assessment districts and the levying and collecting of special assessments; to authorize the issuance of special assessment bonds in anticipation of the collection of special assessments and the advancement of the amount necessary to pay such bonds, and to provide for reimbursement for such advances by reassessment if necessary; to authorize the collection of fees for certain emergency services in townships and other municipalities; to authorize the creation of administrative boards and to prescribe their powers and duties; to provide for the appointment of traffic officers and to prescribe their powers and duties; and to repeal certain acts and parts of acts," by amending section 1 (MCL 41.801), as amended by 1989 PA 81.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Tax Policy,
Second Reading of Bills
Senate Bill No. 1124, entitled
A bill to amend 1939 PA 288, entitled "An act to revise and consolidate the statutes relating to certain aspects of the family division of circuit court, to the jurisdiction, powers, and duties of the family division of circuit court and its judges and other officers, to the change of name of adults and children, and to the adoption of adults and children; to prescribe certain jurisdiction, powers, and duties of the family division of circuit court and its judges and other officers; to prescribe the manner and time within which certain actions and proceedings may be brought in the family division of the circuit court; to prescribe pleading, evidence, practice, and procedure in certain actions and proceedings in the family division of circuit court; to provide for appeals from certain actions in the family division of circuit court; to prescribe the powers and duties of certain state departments, agencies, and officers; and to provide remedies and penalties," by amending sections 2, 13a, 19, and 19b of chapter XIIA (MCL 712A.2, 712A.13a, 712A.19, and 712A.19b), section 2 as amended by 1996 PA 409, sections 13a and 19 as amended by 1997 PA 163, and section 19b as amended by 1997 PA 169, and by adding section 6b to chapter XIIA.
Was read a second time, and the question being on the adoption of the proposed amendments previously recommended by the Committee on Judiciary (for amendments, see House Journal No. 78, p. 2408),
The amendments were adopted, a majority of the members serving voting therefor.
Rep. Wallace moved to substitute (H-3) the bill.
The motion prevailed and the substitute (H-3) was adopted, a majority of the members serving voting therefor.
Rep. Gagliardi moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed, a majority of the members voting therefor.
Senate Bill No. 1125, entitled
A bill to amend 1975 PA 238, entitled "Child protection law," by amending section 2 (MCL 722.622), as amended by 1996 PA 581.
Was read a second time, and the question being on the adoption of the proposed amendment previously recommended by the Committee on Judiciary (for amendment, see House Journal No. 78, p. 2409),
The amendment was adopted, a majority of the members serving voting therefor.
Rep. Wallace moved to substitute (H-2) the bill.
The motion prevailed and the substitute (H-2) was adopted, a majority of the members serving voting therefor.
Rep. Wallace moved to amend the bill as follows:
1. Amend page 4, line 6, after "OR" by inserting a comma and "EXCEPT WHEN USED IN SECTION 7(2)(E) OR8(8),".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Gagliardi moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed, a majority of the members voting therefor.
Senate Bill No. 1264, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending sections 26 and 28 of chapter V (MCL 765.26 and 765.28).
Was read a second time, and the question being on the adoption of the proposed amendment previously recommended by the Committee on Judiciary (for amendment, see House Journal No. 78, p. 2409),
The amendment was adopted, a majority of the members serving voting therefor.
Rep. Gagliardi moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed, a majority of the members voting therefor.
______
Rep. Voorhees, under Rule 33, made the following statement:
"Mr. Speaker and members of the House:
I was absent from the Chamber when the vote was taken on Roll Call Nos. 1127, 1136, 1137, 1139 and 1140. Had I been present, I would have voted 'yes' on Roll Call Nos. 1127, 1136, 1137 and 1139 and 'no' on Roll Call No. 1140."
Rep. Fitzgerald moved that Reps. Byl and Jellema be excused temporarily from today's session.
The motion prevailed.
Rep. Hammerstrom moved that Reps. Rhead and Llewellyn be excused temporarily from today's session.
The motion prevailed.
By unanimous consent the House returned to the order of
Third Reading of Bills
Rep. Gagliardi moved that Senate Bill No. 1124 be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
Senate Bill No. 1124, entitled
A bill to amend 1939 PA 288, entitled "An act to revise and consolidate the statutes relating to certain aspects of the family division of circuit court, to the jurisdiction, powers, and duties of the family division of circuit court and its judges and other officers, to the change of name of adults and children, and to the adoption of adults and children; to prescribe certain jurisdiction, powers, and duties of the family division of circuit court and its judges and other officers; to prescribe the manner and time within which certain actions and proceedings may be brought in the family division of the circuit court; to prescribe pleading, evidence, practice, and procedure in certain actions and proceedings in the family division of circuit court; to provide for appeals from certain actions in the family division of circuit court; to prescribe the powers and duties of certain state departments, agencies, and officers; and to provide remedies and penalties," by amending sections 2, 13a, 19, and 19b of chapter XIIA (MCL 712A.2, 712A.13a, 712A.19, and 712A.19b), section 2 as amended by 1996 PA 409, sections 13a and 19 as amended by 1997 PA 163, and section 19b as amended by 1997 PA 169, and by adding section 6b to chapter XIIA.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1151 Yeas--82
Anthony Emerson LaForge Richner
Baade Fitzgerald Law Rison
Baird Frank Leland Rocca
Birkholz Gagliardi London Sanborn
Bodem Galloway Lowe Schauer
Bogardus Gernaat Mans Schermesser
Brackenridge Gilmer Martinez Schroer
Brater Gire Mathieu Scott
Brewer Goschka McBryde Scranton
Brown Gustafson McManus Sikkema
Callahan Hale Middaugh Tesanovich
Cassis Hammerstrom Nye Thomas
Cherry Hanley Olshove Varga
Ciaramitaro Harder Owen Voorhees
Crissman Horton Palamara Walberg
Cropsey Jansen Parks Wallace
Curtis Jelinek Perricone Wetters
Dalman Kaza Price Whyman
DeHart Kelly Quarles Willard
DeVuyst Kilpatrick Raczkowski Wojno
Dobronski Kukuk
Nays--0
In The Chair: DeHart
The House agreed to the title of the bill.
Rep. Gagliardi moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
______
Rep. Callahan moved that Reps. Agee and Hanley be excused temporarily from today's session.
The motion prevailed.
Rep. Gagliardi moved that Senate Bill No. 1125 be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
Senate Bill No. 1125, entitled
A bill to amend 1975 PA 238, entitled "Child protection law," by amending section 2 (MCL 722.622), as amended by 1996 PA 581.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1152 Yeas--85
Anthony Emerson Leland Raczkowski
Baade Fitzgerald Llewellyn Richner
Baird Frank London Rison
Bankes Galloway Lowe Rocca
Birkholz Gernaat Mans Sanborn
Bodem Gilmer Mathieu Schauer
Bogardus Gire McBryde Schermesser
Brackenridge Goschka McManus Schroer
Brater Gustafson McNutt Scott
Brewer Hale Middaugh Scranton
Brown Hammerstrom Middleton Sikkema
Byl Harder Nye Tesanovich
Callahan Horton Olshove Thomas
Cassis Jansen Owen Varga
Ciaramitaro Jelinek Oxender Voorhees
Crissman Kaza Palamara Walberg
Cropsey Kelly Parks Wallace
Curtis Kilpatrick Perricone Wetters
Dalman Kukuk Price Whyman
DeHart LaForge Profit Willard
DeVuyst Law Quarles Wojno
Dobronski
Nays--0
In The Chair: DeHart
Pursuant to Joint Rule 20, the full title of the act shall read as follows:
"An act to require the reporting of child abuse and neglect by certain persons; to permit the reporting of child abuse and neglect by all persons; to provide for the protection of children who are abused or neglected; to authorize limited detainment in protective custody; to authorize medical examinations; to prescribe the powers and duties of the state department of social services to prevent child abuse and neglect; to prescribe certain powers and duties of local law enforcement agencies; to safeguard and enhance the welfare of children and preserve family life; to provide for the appointment of legal counsel; to provide for the abrogation of privileged communications; to provide civil and criminal immunity for certain persons; to provide rules of evidence in certain cases; to provide for confidentiality of records; to provide for the expungement of certain records; to prescribe penalties; and to repeal certain acts and parts of acts,".
The House agreed to the full title.
Rep. Gagliardi moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Rep. Gagliardi moved that Senate Bill No. 1264 be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
Senate Bill No. 1264, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending sections 26 and 28 of chapter V (MCL 765.26 and 765.28).
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1153 Yeas--89
Agee Dobronski LaForge Raczkowski
Anthony Fitzgerald Law Rhead
Baade Frank Leland Richner
Baird Galloway Llewellyn Rison
Bankes Geiger London Rocca
Birkholz Gernaat Lowe Sanborn
Bobier Gilmer Mans Schauer
Bodem Gire Martinez Schermesser
Bogardus Goschka Mathieu Schroer
Brackenridge Gustafson McBryde Scott
Brater Hale McManus Scranton
Brewer Hammerstrom Middaugh Sikkema
Brown Hanley Middleton Stallworth
Byl Harder Nye Tesanovich
Callahan Horton Olshove Thomas
Cassis Jansen Oxender Varga
Cherry Jellema Palamara Voorhees
Ciaramitaro Johnson Parks Wallace
Crissman Kaza Perricone Wetters
Cropsey Kelly Price Whyman
Curtis Kilpatrick Profit Willard
Dalman Kukuk Quarles Wojno
DeVuyst
Nays--0
In The Chair: DeHart
Pursuant to Joint Rule 20, the full title of the act shall read as follows:
"An act to revise, consolidate, and codify the laws relating to criminal procedure and to define the jurisdiction, powers, and duties of courts, judges, and other officers of the court under the provisions of this act; to provide laws relative to the rights of persons accused of criminal offenses and ordinance violations; to provide for the arrest of persons charged with or suspected of criminal offenses and ordinance violations; to provide for bail of persons arrested for or accused of criminal offenses and ordinance violations; to provide for the examination of persons accused of criminal offenses; to regulate the procedure relative to grand juries, indictments, informations, and proceedings before trial; to provide for trials of persons complained of or indicted for criminal offenses and ordinance violations and to provide for the procedure in those trials; to provide for judgments and sentences of persons convicted of criminal offenses and ordinance violations; to establish a sentencing commission and to prescribe its powers and duties; to provide for procedure relating to new trials and appeals in criminal and ordinance violation cases; to provide a uniform system of probation throughout this state and the appointment of probation officers; to prescribe the powers, duties, and compensation of probation officers; to provide penalties for the violation of the duties of probation officers; to provide for procedure governing proceedings to prevent crime and proceedings for the discovery of crime; to provide for fees of officers, witnesses, and others in criminal and ordinance violation cases; to set forth miscellaneous provisions as to criminal procedure in certain cases; to provide penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act,".
The House agreed to the full title.
Second Reading of Bills
Senate Bill No. 428, entitled
A bill to amend 1923 PA 116, entitled "Township and village public improvement and public service act," by amending section 4 (MCL 41.414), as amended by 1989 PA 82.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Tax Policy,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Thomas moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed, a majority of the members voting therefor.
Rep. Thomas moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the House returned to the order of
Third Reading of Bills
Senate Bill No. 428, entitled
A bill to amend 1923 PA 116, entitled "Township and village public improvement and public service act," by amending section 4 (MCL 41.414), as amended by 1989 PA 82.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1154 Yeas--89
Anthony Emerson LaForge Quarles
Baade Fitzgerald Law Raczkowski
Baird Frank Leland Rhead
Bankes Galloway Llewellyn Richner
Birkholz Geiger London Rison
Bobier Gernaat Lowe Rocca
Bodem Gilmer Martinez Sanborn
Bogardus Godchaux Mathieu Schauer
Brackenridge Goschka McBryde Schermesser
Brater Gustafson McManus Scott
Brewer Hale McNutt Scranton
Brown Hammerstrom Middaugh Sikkema
Byl Hanley Middleton Stallworth
Callahan Harder Nye Tesanovich
Cassis Horton Olshove Thomas
Cherry Jansen Owen Varga
Crissman Jelinek Oxender Voorhees
Cropsey Jellema Palamara Walberg
Curtis Kaza Parks Wallace
Dalman Kelly Perricone Whyman
DeHart Kilpatrick Price Willard
DeVuyst Kukuk Profit Wojno
Dobronski
Nays--1
Schroer
In The Chair: DeHart
Pursuant to Joint Rule 20, the full title of the act shall read as follows:
"An act to authorize certain township or village public improvements and services; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,".
The House agreed to the full title.
Rep. Thomas moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Second Reading of Bills
Senate Bill No. 130, entitled
A bill to amend 1967 PA 288, entitled "Land division act," by amending sections 117, 169, and 241 (MCL 560.117, 560.169, and 560.241), section 117 as amended by 1995 PA 172 and sections 169 and 241 as amended by 1993 PA 67.
The bill was read a second time.
Rep. Thomas moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed, a majority of the members voting therefor.
Rep. Thomas moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the House returned to the order of
Third Reading of Bills
Senate Bill No. 130, entitled
A bill to amend 1967 PA 288, entitled "Land division act," by amending sections 117, 169, and 241 (MCL 560.117, 560.169, and 560.241), section 117 as amended by 1995 PA 172 and sections 169 and 241 as amended by 1993 PA 67.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1155 Yeas--63
Agee DeHart Jellema Parks
Anthony Dobronski Johnson Price
Baird Emerson Kelly Profit
Bankes Fitzgerald Kilpatrick Quarles
Basham Galloway Law Richner
Birkholz Geiger Leland Rison
Bobier Gilmer LeTarte Schauer
Bodem Gire Martinez Schermesser
Bogardus Godchaux Mathieu Scott
Brackenridge Gustafson McBryde Scranton
Brewer Hale McManus Sikkema
Byl Hammerstrom Middleton Stallworth
Callahan Hanley Olshove Varga
Cherry Harder Owen Wallace
Crissman Horton Oxender Willard
Curtis Jelinek Palamara
Nays--27
Brown Goschka McNutt Sanborn
Cassis Jansen Middaugh Tesanovich
Cropsey Kaza Nye Thomas
Dalman Kukuk Perricone Walberg
DeVuyst Llewellyn Raczkowski Whyman
Frank London Rhead Wojno
Gernaat Lowe Rocca
In The Chair: DeHart
Pursuant to Joint Rule 20, the full title of the act shall read as follows:
"An act to regulate the division of land; to promote the public health, safety, and general welfare; to further the orderly layout and use of land; to require that the land be suitable for building sites and public improvements and that there be adequate drainage of the land; to provide for proper ingress and egress to lots and parcels; to promote proper surveying and monumenting of land subdivided and conveyed by accurate legal descriptions; to provide for the approvals to be obtained prior to the recording and filing of plats and other land divisions; to provide for the establishment of special assessment districts and for the imposition of special assessments to defray the cost of the operation and maintenance of retention basins for land within a final plat; to establish the procedure for vacating, correcting, and revising plats; to control residential building development within floodplain areas; to provide for reserving easements for utilities in vacated streets and alleys; to provide for the filing of amended plats; to provide for the making of assessors plats; to provide penalties for the violation of the provisions of this act; to repeal certain parts of this act on specific dates; and to repeal acts and parts of acts,".
The House agreed to the full title.
Rep. Thomas moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Second Reading of Bills
Senate Bill No. 1370, entitled
A bill to amend 1990 PA 100, entitled "City utility users tax act," by amending the title and section 2 (MCL 141.1152).
The bill was read a second time.
Rep. Thomas moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed, a majority of the members voting therefor.
Rep. Thomas moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the House returned to the order of
Third Reading of Bills
Senate Bill No. 1370, entitled
A bill to amend 1990 PA 100, entitled "City utility users tax act," by amending the title and section 2 (MCL 141.1152).
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1156 Yeas--59
Agee Curtis Johnson Rhead
Anthony DeHart Kelly Rison
Baade Dobronski Kilpatrick Schauer
Baird Emerson LaForge Schermesser
Bankes Fitzgerald Leland Schroer
Basham Frank Martinez Scott
Bobier Galloway Mathieu Scranton
Bodem Geiger Middleton Sikkema
Bogardus Gilmer Olshove Stallworth
Brackenridge Gire Oxender Tesanovich
Brater Hale Palamara Thomas
Brewer Hammerstrom Parks Wallace
Brown Hanley Price Willard
Callahan Harder Profit Wojno
Cherry Jelinek Quarles
Nays--32
Birkholz Goschka Llewellyn Perricone
Byl Gustafson London Raczkowski
Cassis Horton Lowe Richner
Crissman Jansen McBryde Rocca
Cropsey Jellema McManus Sanborn
Dalman Kaza McNutt Voorhees
DeVuyst Kukuk Middaugh Walberg
Gernaat LeTarte Nye Whyman
In The Chair: DeHart
Pursuant to Joint Rule 20, the full title of the act shall read as follows:
"An act to permit the imposition, revival, and continued collection by cities of a population of 1,000,000 or more of a utility users tax; to provide the procedure for, and to require the adoption of a prescribed uniform city utility users tax ordinance by cities desiring to impose and collect such a tax; to limit the rate of such tax; to prescribe the powers and duties of the state commissioner of revenue; and to provide for appeals,".
The House agreed to the full title.
Rep. Thomas moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
By unanimous consent the House returned to the order of
Reports of Standing Committees
The Speaker laid before the House
House Concurrent Resolution No. 116.
A concurrent resolution to call for the establishment of a system of specialty license plates.
(For text of resolution, see House Journal No. 78, p. 2406.)
(The concurrent resolution was reported by the Committee on Transportation on December 9, consideration of which was postponed until today under the rules.)
The question being on the adoption of the concurrent resolution,
The concurrent resolution was adopted, a majority of the members serving voting therefor.
Second Reading of Bills
House Bill No. 5863, entitled
A bill to amend 1974 PA 198, entitled "An act to provide for the establishment of plant rehabilitation districts and industrial development districts in local governmental units; to provide for the exemption from certain taxes; to levy and collect a specific tax upon the owners of certain facilities; to provide for the disposition of the tax; to provide for the obtaining and transferring of an exemption certificate and to prescribe the contents of those certificates; to prescribe the powers and duties of the state tax commission and certain officers of local governmental units; and to provide penalties," by amending section 9 (MCL 207.559), as amended by 1996 PA 513.
The bill was read a second time.
Rep. Profit moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed, a majority of the members voting therefor.
Rep. Thomas moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
______
Rep. Wojno moved that Rep. Callahan be excused temporarily from today's session.
The motion prevailed.
Rep. Schermesser moved that Rep. Cherry be excused temporarily from today's session.
The motion prevailed.
By unanimous consent the House returned to the order of
Third Reading of Bills
House Bill No. 5863, entitled
A bill to amend 1974 PA 198, entitled "An act to provide for the establishment of plant rehabilitation districts and industrial development districts in local governmental units; to provide for the exemption from certain taxes; to levy and collect a specific tax upon the owners of certain facilities; to provide for the disposition of the tax; to provide for the obtaining and transferring of an exemption certificate and to prescribe the contents of those certificates; to prescribe the powers and duties of the state tax commission and certain officers of local governmental units; and to provide penalties," by amending section 9 (MCL 207.559), as amended by 1996 PA 513.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1157 Yeas--58
Anthony Emerson Martinez Raczkowski
Baade Fitzgerald Mathieu Rhead
Baird Frank McBryde Rison
Basham Galloway McManus Schauer
Bodem Gire McNutt Schermesser
Bogardus Goschka Middaugh Scott
Brackenridge Gustafson Middleton Stallworth
Brater Hale Olshove Tesanovich
Brewer Hammerstrom Oxender Thomas
Brown Hanley Parks Varga
Byl Harder Perricone Voorhees
Curtis Kilpatrick Price Wallace
DeHart Law Profit Wetters
DeVuyst LeTarte Quarles Willard
Dobronski Llewellyn
Nays--24
Birkholz Godchaux Kukuk Sanborn
Cassis Horton London Scranton
Cropsey Jansen Lowe Sikkema
Dalman Jelinek Nye Walberg
Geiger Jellema Richner Whyman
Gernaat Kaza Rocca Wojno
In The Chair: DeHart
The House agreed to the title of the bill.
Rep. Thomas moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Second Reading of Bills
Senate Bill No. 773, entitled
A bill to amend 1984 PA 431, entitled "The management and budget act," by amending sections 113, 115, 131, 203, 204, 205, 217, 219, 221, 237, 241, 242, 246, 248, 281, 303, 305, 342, 344, 350, 350a, 350e, 352, 353, 353e, 354, 355, 356, 363, 367, 367b, 367f, 371, 372, 384, 386, 393, 396, 404, 434, 443, 451, 454, 461, 462, 484, 485, 486, 492, and 493 (MCL 18.1113, 18.1115, 18.1131, 18.1203, 18.1204, 18.1205, 18.1217, 18.1219, 18.1221, 18.1237, 18.1241, 18.1242, 18.1246, 18.1248, 18.1281, 18.1303, 18.1305, 18.1342, 18.1344, 18.1350, 18.1350a, 18.1350e, 18.1352, 18.1353, 18.1353e, 18.1354, 18.1355, 18.1356, 18.1363, 18.1367, 18.1367b, 18.1367f, 18.1371, 18.1372, 18.1384, 18.1386, 18.1393, 18.1396, 18.1404, 18.1434, 18.1443, 18.1451, 18.1454, 18.1461, 18.1462, 18.1484, 18.1485, 18.1486, 18.1492, and 18.1493), section 113 as amended by 1987 PA 122, sections 115, 203, 205, 217, 221, 246, 281, 342, 350, 367, 371, 372, 384, 386, 393, and 451 as amended and sections 204, 350a, 350e, 396, and 454 as added by 1988 PA 504, sections 219, 352, and 355 as amended and sections 367b and 367f as added by 1991 PA 72, section 353 as amended by 1994 PA 107, section 353e as added by 1997 PA 144, section 354 as amended by 1995 PA 286, section 363 as amended by 1993 PA 2, section 461 as amended by 1986 PA 251, and sections 484, 485, and 486 as added by 1986 PA 272, and by adding section 237a; and to repeal acts and parts of acts.
Was read a second time, and the question being on the adoption of the proposed substitute (H-3) previously recommended by the Committee on Appropriations,
The substitute (H-3) was adopted, a majority of the members serving voting therefor.
Rep. Gilmer moved to amend the bill as follows:
1. Amend page 47, line 25, after "by" by striking out "November 30" and inserting "DECEMBER 15".
2. Amend page 57, line 5, after "COMMITTEES" by inserting "AND THE SENATE AND HOUSE FISCAL AGENCIES".
3. Amend page 57, line 15, after "COMMITTEES" by inserting "AND THE SENATE AND HOUSE FISCAL AGENCIES".
4. Amend page 62, line 9, after "committees," by inserting "the senate and house fiscal agencies,".
The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.
Rep. Martinez moved to amend the bill as follows:
1. Amend page 13, line 15, after "architects," by inserting "professional".
2. Amend page 14, line 20, after "AND" by inserting "PROFESSIONAL".
3. Amend page 14, line 26, after "ARCHITECTS," by inserting "PROFESSIONAL".
The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.
Rep. Emerson moved to amend the bill as follows:
1. Amend page 19, line 10, by striking out all of subsection (10).
2. Amend page 51, line 10, after "THE" by striking out "CURRENT".
3. Amend page 51, line 10, after "BILLS" by inserting "FOR WHICH THE TRANSFER IS BEING MADE".
The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.
Rep. Gagliardi moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed, a majority of the members voting therefor.
Rep. Gagliardi moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
______
Rep. Brater moved that Rep. Schroer be excused temporarily from today's session.
The motion prevailed.
By unanimous consent the House returned to the order of
Third Reading of Bills
Senate Bill No. 773, entitled
A bill to amend 1984 PA 431, entitled "The management and budget act," by amending sections 113, 115, 131, 203, 204, 205, 217, 219, 221, 237, 241, 242, 246, 248, 281, 303, 305, 342, 344, 350, 350a, 350e, 352, 353, 353e, 354, 355, 356, 363, 367, 367b, 367f, 371, 372, 384, 386, 393, 396, 404, 434, 443, 451, 454, 461, 462, 484, 485, 486, 492, and 493 (MCL 18.1113, 18.1115, 18.1131, 18.1203, 18.1204, 18.1205, 18.1217, 18.1219, 18.1221, 18.1237, 18.1241, 18.1242, 18.1246, 18.1248, 18.1281, 18.1303, 18.1305, 18.1342, 18.1344, 18.1350, 18.1350a, 18.1350e, 18.1352, 18.1353, 18.1353e, 18.1354, 18.1355, 18.1356, 18.1363, 18.1367, 18.1367b, 18.1367f, 18.1371, 18.1372, 18.1384, 18.1386, 18.1393, 18.1396, 18.1404, 18.1434, 18.1443, 18.1451, 18.1454, 18.1461, 18.1462, 18.1484, 18.1485, 18.1486, 18.1492, and 18.1493), section 113 as amended by 1987 PA 122, sections 115, 203, 205, 217, 221, 246, 281, 342, 350, 367, 371, 372, 384, 386, 393, and 451 as amended and sections 204, 350a, 350e, 396, and 454 as added by 1988 PA 504, sections 219, 352, and 355 as amended and sections 367b and 367f as added by 1991 PA 72, section 353 as amended by 1994 PA 107, section 353e as added by 1997 PA 144, section 354 as amended by 1995 PA 286, section 363 as amended by 1993 PA 2, section 461 as amended by 1986 PA 251, and sections 484, 485, and 486 as added by 1986 PA 272, and by adding section 237a; and to repeal acts and parts of acts.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1158 Yeas--88
Agee DeHart Jelinek Price
Anthony DeVuyst Jellema Profit
Baade Dobb Johnson Quarles
Baird Dobronski Kelly Raczkowski
Bankes Emerson Kilpatrick Richner
Basham Fitzgerald Kukuk Rison
Birkholz Frank LaForge Rocca
Bobier Gagliardi Law Sanborn
Bodem Galloway LeTarte Schauer
Bogardus Gernaat London Schermesser
Brackenridge Gilmer Lowe Scott
Brater Gire Martinez Scranton
Brown Godchaux Mathieu Sikkema
Byl Goschka McBryde Stallworth
Callahan Green McManus Tesanovich
Cassis Gustafson McNutt Thomas
Cherry Hale Middaugh Voorhees
Ciaramitaro Hammerstrom Middleton Walberg
Crissman Hanley Nye Wallace
Cropsey Harder Olshove Wetters
Curtis Horton Oxender Willard
Dalman Jansen Perricone Wojno
Nays--0
In The Chair: DeHart
The question being on agreeing to the title of the bill,
Rep. Gagliardi moved to amend the title to read as follows:
A bill to amend 1984 PA 431, entitled "An act to prescribe the powers and duties of the department of management and budget; to define the authority and functions of its director and its organizational entities; to authorize the department to issue directives; to provide for the capital outlay program; to provide for the leasing, planning, constructing, maintaining, altering, renovating, demolishing, conveying of lands and facilities; to provide for centralized administrative services such as purchasing, payroll, record retention, data processing, and publishing and for access to certain services; to provide for a system of internal accounting and administrative control for certain principal departments; to provide for an internal auditor in certain principal departments; to provide for certain powers and duties of certain state officers and agencies; to codify, revise, consolidate, classify, and add to the powers, duties, and laws relative to budgeting, accounting, and the regulating of appropriations; to provide for the implementation of certain constitutional provisions; to create funds and accounts; to make appropriations; to prescribe remedies and penalties; to rescind certain executive reorganization orders; to prescribe penalties; and to repeal certain acts and parts of acts," by amending sections 113, 115, 131, 203, 204, 205, 217, 219, 221, 237, 241, 242, 246, 248, 251, 267, 303, 305, 323, 342, 344, 350, 350a, 350e, 352, 353, 353e, 354, 355, 356, 363, 367, 367b, 367f, 371, 372, 384, 386, 393, 396, 404, 434, 443, 451, 454, 461, 462, 484, 485, 486, 492, and 493 (MCL 18.1113, 18.1115, 18.1131, 18.1203, 18.1204, 18.1205, 18.1217, 18.1219, 18.1221, 18.1237, 18.1241, 18.1242, 18.1246, 18.1248, 18.1251, 18.1267, 18.1303, 18.1305, 18.1323, 18.1342, 18.1344, 18.1350, 18.1350a, 18.1350e, 18.1352, 18.1353, 18.1353e, 18.1354, 18.1355, 18.1356, 18.1363, 18.1367, 18.1367b, 18.1367f, 18.1371, 18.1372, 18.1384, 18.1386, 18.1393, 18.1396, 18.1404, 18.1434, 18.1443, 18.1451, 18.1454, 18.1461, 18.1462, 18.1484, 18.1485, 18.1486, 18.1492, and 18.1493), section 113 as amended by 1987 PA 122, sections 115, 203, 205, 217, 221, 246, 342, 350, 367, 371, 372, 384, 386, 393, and 451 as amended and sections 204, 350a, 350e, 396, and 454 as added by 1988 PA 504, sections 219, 352, and 355 as amended and sections 367b and 367f as added by 1991 PA 72, section 353 as amended by 1994 PA 107, section 353e as added by 1997 PA 144, section 354 as amended by 1995 PA 286, section 363 as amended by 1993 PA 2, section 461 as amended by 1986 PA 251, and sections 484, 485, and 486 as added by 1986 PA 272, and by adding sections 237a, 281a, and 430; and to repeal acts and parts of acts.
The motion prevailed.
The House agreed to the title as amended.
Rep. Gagliardi moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
By unanimous consent the House returned to the order of
Messages from the Senate
Senate Bill No. 240, entitled
A bill to amend 1979 PA 94, entitled "The state school aid act of 1979," by amending sections 6, 11, 17b, 20, 31a, 51a, 81, and 107 (MCL 388.1606, 388.1611, 388.1617b, 388.1620, 388.1631a, 388.1651a, 388.1681, and 388.1707), sections 6, 11, 17b, 20, 51a, 81, and 107 as amended by 1997 PA 93, and section 31a as amended by 1997 PA 24, and by adding sections 11e, 11f, 20k, 29, and 31c.
The Senate has amended the House substitute (H-2) as follows:
1. Amend page 1, following "THE PEOPLE OF THE STATE OF MICHIGAN ENACT:" by inserting:
"Sec. 6. (1) "Center program" means a program operated by a district or intermediate district for special education pupils from several districts in programs for the autistically impaired, trainable mentally impaired, severely mentally impaired, severely multiply impaired, hearing impaired, physically and otherwise health impaired, and visually impaired. Programs for emotionally impaired pupils housed in buildings that do not serve regular education pupils also qualify. Unless otherwise approved by the department, a center program either shall serve all constituent districts within an intermediate district or shall serve several districts with less than 50% of the pupils residing in the operating district. In addition, special education center program pupils placed part-time in noncenter programs to comply with the least restrictive environment provisions of section 612 of part B of the individuals with disabilities education act, title VI of Public Law 91-230, 20 U.S.C. 1412, may be considered center program pupils for pupil accounting purposes for the time scheduled in either a center program or a noncenter program.
(2) "District pupil retention rate" means the proportion of pupils who have not dropped out of school in the immediately preceding school year and is equal to 1 minus the quotient of the number of pupils unaccounted for in the immediately preceding school year, as determined pursuant to subsection (3), divided by the pupils of the immediately preceding school year.
(3) "District pupil retention report" means a report of the number of pupils, excluding migrant and adult, in the district for the immediately preceding school year, adjusted for those pupils who have transferred into the district, transferred out of the district, transferred to alternative programs, and have graduated, to determine the number of pupils who are unaccounted for. The number of pupils unaccounted for shall be calculated as determined by the department.
(4) "Membership", except as otherwise provided in this act, means for a district, public school academy, university school, or intermediate district the sum of the product of .6 times the number of full-time equated pupils in grades K to 12 actually enrolled and in regular daily attendance on the pupil membership count day for the current school year, plus the product of .4 times the final audited count from the supplemental count day for the immediately preceding school year, as determined by the department and calculated by adding the number of pupils registered for attendance plus pupils received by transfer and minus pupils lost as defined by rules promulgated by the state board, and as corrected by a subsequent department audit. The amount of the foundation allowance for a pupil in membership is determined under section 20. In making the calculation of membership, all of the following, as applicable, apply to determining the membership of a district, public school academy, university school, or intermediate district:
(a) Except as otherwise provided in this subsection, a pupil shall be counted in membership in the pupil's educating district or districts. An individual pupil shall not be counted for more than a total of 1.0 full-time equated membership.
(b) If a pupil is educated in a district other than the pupil's district of residence and the educating district is not in the same intermediate district as the pupil's district of residence, if the pupil is not being educated as part of a cooperative education program, if the pupil's district of residence does not give the educating district its approval to count the pupil in membership in the educating district, and if the pupil is not covered by an exception specified in subsection (6) to the requirement that the educating district must have the approval of the pupil's district of residence to count the pupil in membership, the pupil shall not be counted in membership in any district.
(c) A special education pupil educated by the intermediate district shall be counted in membership in the intermediate district.
(d) A pupil placed by a court or state agency in an on-grounds program of a juvenile detention facility, a child caring institution, or a mental health institution, or a pupil funded under section 53a, shall be counted in membership in the district or intermediate district approved by the department to operate the program.
(e) A pupil enrolled in the Michigan schools for the deaf and blind shall be counted in membership in the pupil's intermediate district of residence.
(f) A pupil enrolled in a vocational education program supported by a millage levied over an area larger than a single district or in an area vocational-technical education program established pursuant to section 690 of the revised school code, MCL 380.690, shall be counted only in the pupil's district of residence.
(g) A pupil enrolled in a university school shall be counted in membership in the university school.
(h) A pupil enrolled in a public school academy shall be counted in membership in the public school academy.
(i) For a new district, university school, or public school academy beginning its operation after December 31, 1994, membership for the first 2 full or partial fiscal years of operation shall be determined as follows:
(i) If operations begin before the pupil membership count day for the fiscal year, membership is the average number of full-time equated pupils in grades K to 12 actually enrolled and in regular daily attendance on the pupil membership count day for the current school year and on the supplemental count day for the current school year, as determined by the department and calculated by adding the number of pupils registered for attendance on the pupil membership count day plus pupils received by transfer and minus pupils lost as defined by rules promulgated by the state board, and as corrected by a subsequent department audit, plus the final audited count from the supplemental count day for the current school year, and dividing that sum by 2.
(ii) If operations begin after the pupil membership count day for the fiscal year and not later than the supplemental count day for the fiscal year, membership is the final audited count of the number of full-time equated pupils in grades K to 12 actually enrolled and in regular daily attendance on the supplemental count day for the current school year.
(j) If a district is the authorizing body for a public school academy, then, in the first school year in which pupils are counted in membership on the pupil membership count day in the public school academy, the determination of the district's membership shall exclude from the district's pupil count for the immediately preceding supplemental count day any pupils who are counted in the public school academy on that first pupil membership count day who were also counted in the district on the immediately preceding supplemental count day.
(k) In a district, public school academy, university school, or intermediate district operating an extended school year program approved by the state board, a pupil enrolled, but not scheduled to be in regular daily attendance on a pupil membership count day, shall be counted.
(l) Pupils to be counted in membership shall be not less than 5 years of age on December 1 and less than 20 years of age on September 1 of the school year except a special education pupil who is enrolled and receiving instruction in a special education program approved by the department and not having a high school diploma who is less than 26 years of age as of September 1 of the current school year shall be counted in membership.
(m) An individual who has obtained a high school diploma shall not be counted in membership. An individual who has obtained a general education development (G.E.D.) certificate shall not be counted in membership. An individual participating in a job training program funded under former section 107a or a jobs program funded under former section 107b, both administered by the Michigan jobs commission, or participating in any successor of either of those 2 programs, shall not be counted in membership.
(n) If a pupil counted in membership in a public school academy is also educated by a district or intermediate district as part of a cooperative education program, the pupil shall be counted in membership only in the public school academy, and the instructional time scheduled for the pupil in the district or intermediate district shall be included in the full-time equated membership determination under subdivision (q). However, for pupils receiving instruction in both a public school academy and in a district or intermediate district but not as a part of a cooperative education program, the following apply:
(i) If the public school academy provides instruction for at least 1/2 of the class hours specified in subdivision (q), the public school academy shall receive as its prorated share of the full-time equated membership for each of those pupils an amount equal to 1 times the product of the hours of instruction the public school academy provides divided by the number of hours specified in subdivision (q) for full-time equivalency, and the remainder of the full-time membership for each of those pupils shall be allocated to the district or intermediate district providing the remainder of the hours of instruction.
(ii) If the public school academy provides instruction for less than 1/2 of the class hours specified in subdivision (q), the district or intermediate district providing the remainder of the hours of instruction shall receive as its prorated share of the full-time equated membership for each of those pupils an amount equal to 1 times the product of the hours of instruction the district or intermediate district provides divided by the number of hours specified in subdivision (q) for full-time equivalency, and the remainder of the full-time membership for each of those pupils shall be allocated to the public school academy.
(o) An individual less than 16 years of age as of September 1 of the current school year who is being educated in an alternative education program shall not be counted in membership if there are also adult education participants being educated in the same program or classroom.
(p) The department shall give a uniform interpretation of full-time and part-time memberships.
(q) The number of class hours used to calculate full-time equated memberships shall be consistent with section 1284 of the revised school code, MCL 380.1284. In determining full-time equated memberships for pupils who are enrolled in a postsecondary institution, a pupil shall not be considered to be less than a full-time equated pupil solely because of the effect of his or her postsecondary enrollment, including necessary travel time, on the number of class hours provided by the district to the pupil.
(r) Full-time equated memberships for pupils in kindergarten shall be determined by dividing the number of class hours scheduled and provided per year per kindergarten pupil by a number equal to 1/2 the number used for determining full-time equated memberships for pupils in grades 1 to 12.
(s) For a district that has qualified currently migrant pupils enrolled in the district as of the pupil membership count day who were not counted in membership in the district on the supplemental count day for the immediately preceding school year, as determined by the department using the criteria used for eligibility for the migrant education program under the improving America's schools act of 1994, Public Law 103-382, 108 Stat. 3518, the number of those pupils counted in the district's membership is 3/4 of the number of those pupils counted on the pupil membership count day only.
(t) For a district, university school, or public school academy that has pupils enrolled in a grade level that was not offered by the district, university school, or public school academy in the immediately preceding school year, the number of pupils enrolled in that grade level to be counted in membership is the average of the number of those pupils enrolled and in regular daily attendance on the pupil membership count day and the supplemental count day of the current school year, as determined by the department. Membership shall be calculated by adding the number of pupils registered for attendance in that grade level on the pupil membership count day plus pupils received by transfer and minus pupils lost as defined by rules promulgated by the state board, and as corrected by subsequent department audit, plus the final audited count from the supplemental count day for the current school year, and dividing that sum by 2.
(u) A pupil enrolled in a cooperative education program may be counted in membership in the pupil's district of residence with the written approval of all parties to the cooperative agreement.
(v) If, as a result of a disciplinary action, a district determines through the district's alternative OR DISCIPLINARY education program that the best instructional placement for a pupil is in the pupil's home, if that placement is authorized in writing by the district superintendent and district alternative OR DISCIPLINARY education supervisor, and if the district provides appropriate instruction as described in this subdivision to the pupil at the pupil's home, the district may count the pupil in membership on a pro rata basis, with the proration based on the number of hours of instruction the district actually provides to the pupil divided by the number of hours specified in subdivision (q) for full-time equivalency. For the purposes of this subdivision, a district shall be considered to be providing appropriate instruction if all of the following are met:
(i) The district provides at least 2 nonconsecutive hours of instruction per week to the pupil at the pupil's home under the supervision of a certificated teacher.
(ii) The district provides instructional materials, resources, and supplies, except computers, that are comparable to those otherwise provided in the district's alternative education program.
(iii) Course content is comparable to that in the district's alternative education program.
(iv) Credit earned is awarded to the pupil and placed on the pupil's transcript.
(w) A pupil enrolled in an alternative OR DISCIPLINARY education program described in section 25 shall be counted in membership in the district or public school academy that expelled the pupil.
(x) For 1997-98 only, if a pupil was enrolled in a public school academy on the pupil membership count day, if the public school academy's contract with its authorizing body is revoked, and if the pupil enrolls in a district within 45 days after the pupil membership count day, the department shall adjust the district's pupil count for the pupil membership count day to include the pupil in the count.
(5) "Public school academy" means a public school academy operating under the revised school code.
(6) "Pupil" means a person in membership in a public school. A district must have the approval of the pupil's district of residence to count the pupil in membership, except approval by the pupil's district of residence shall not be required for
(A) NONPUBLIC part-time pupils enrolled in grades 1 to 12 in accordance with section 166b.
(B) PUPILS receiving 1/2 or less of their instruction in a district other than their district of residence.
(C) PUPILS enrolled in a public school academy or university school.
(D) PUPILS enrolled in a district other than their district of residence under an intermediate district schools of choice pilot program as described in section 91a or former section 91 if the intermediate district and its constituent districts have been exempted from section 105.
(E) PUPILS enrolled in a district other than their district of residence but within the same intermediate district if the educating district enrolls nonresident pupils in accordance with section 105.
(F) PUPILS enrolled in a district other than their district of residence if the pupils have been continuously enrolled in the educating district since a school year in which the pupils enrolled in the educating district under section 105 and in which the educating district enrolled nonresident pupils in accordance with section 105.
(G) A NONRESIDENT PUPIL WHO HAS MADE AN OFFICIAL WRITTEN COMPLAINT OR WHOSE PARENT OR LEGAL GUARDIAN HAS MADE AN OFFICIAL WRITTEN COMPLAINT TO LAW ENFORCEMENT OFFICIALS AND TO SCHOOL OFFICIALS OF THE PUPIL'S DISTRICT OF RESIDENCE THAT THE PUPIL HAS BEEN THE VICTIM OF A CRIMINAL SEXUAL ASSAULT OR OTHER SERIOUS ASSAULT, IF THE OFFICIAL COMPLAINT EITHER INDICATES THAT THE ASSAULT OCCURRED AT SCHOOL OR THAT THE ASSAULT WAS COMMITTED BY 1 OR MORE OTHER PUPILS ENROLLED IN THE SCHOOL THE NONRESIDENT PUPIL WOULD OTHERWISE ATTEND IN THE DISTRICT OF RESIDENCE OR BY AN EMPLOYEE OF THE DISTRICT OF RESIDENCE. A PERSON WHO INTENTIONALLY MAKES A FALSE REPORT OF A CRIME TO LAW ENFORCEMENT OFFICIALS FOR THE PURPOSES OF THIS SUBDIVISION IS SUBJECT TO SECTION 411A OF THE MICHIGAN PENAL CODE, 1931 PA 328, MCL 750.411A, WHICH PROVIDES CRIMINAL PENALTIES FOR THAT CONDUCT. AS USED IN THIS SUBDIVISION:
(i) "AT SCHOOL" MEANS IN A CLASSROOM, ELSEWHERE ON SCHOOL PREMISES, ON A SCHOOL BUS OR OTHER SCHOOL-RELATED VEHICLE, OR AT A SCHOOL-SPONSORED ACTIVITY OR EVENT WHETHER OR NOT IT IS HELD ON SCHOOL PREMISES.
(ii) "SERIOUS ASSAULT" MEANS AN ACT THAT CONSTITUTES A FELONY VIOLATION OF CHAPTER XI OF THE MICHIGAN PENAL CODE, 1931 PA 328, MCL 750.81 TO 750.90F, OR THAT CONSTITUTES AN ASSAULT AND INFLICTION OF SERIOUS OR AGGRAVATED INJURY UNDER SECTION 81A OF THE MICHIGAN PENAL CODE, 1931 PA 328, MCL 750.81A.
However, if a district that is not a first class district educates pupils who reside in a first class district and if the primary instructional site for those pupils is located within the boundaries of the first class district, the educating district must have the approval of the first class district to count those pupils in membership. As used in this subsection, "first class district" means a district organized as a school district of the first class under the revised school code.
(7) "Pupil membership count day" of a district or intermediate district means:
(a) Except as provided in subdivision (b), the fourth Wednesday in September each school year.
(b) For a district or intermediate district maintaining school during the entire school year, the following days:
(i) Fourth Wednesday in July.
(ii) Fourth Wednesday in September.
(iii) Second Wednesday in February.
(iv) Fourth Wednesday in April.
(8) "Rule" means a rule promulgated pursuant to the administrative procedures act of 1969, 1969 PA 306, MCL 24.201 to 24.328.
(9) "The revised school code" means 1976 PA 451, MCL 380.1 to 380.1852.
(10) "School fiscal year" means a fiscal year that commences July 1 and continues through June 30.
(11) "State board" means the state board of education.
(12) "Supplemental count day" means the day on which the supplemental pupil count is conducted under section 6a.
(13) "Tuition pupil" means a pupil of school age attending school in a district other than the pupil's district of residence for whom tuition may be charged. Tuition pupil does not include a pupil who is a special education pupil
(14) "State school aid fund" means the state school aid fund established in section 11 of article IX of the state constitution of 1963.
(15) "Taxable value" means the taxable value of property as determined under section 27a of the general property tax act, 1893 PA 206, MCL 211.27a.
(16) "Total state aid" or "total state school aid" means the total combined amount of all funds due to a district, intermediate district, or other entity under all of the provisions of this act.
(17) "University school" means an instructional program operated by a public university under section 23 that meets the requirements of section 23.".
2. Amend page 6, following line 26, by inserting:
"Sec. 17b. (1) Not later than October 20, November 20, December 20, January 20, February 20, March 20, April 20, May 20, June 20, July 20, and August 20, the department shall prepare a statement of the amount to be distributed under this act in the installment to the districts and intermediate districts and deliver the statement to the state treasurer, and the state treasurer shall pay the installments on each of those dates or on the next business day following each of those dates. Except as otherwise provided in this act, the portion of the district's or intermediate district's state fiscal year entitlement to be included in each installment
(2) The state treasurer shall make payment under this section by drawing a warrant in favor of the treasurer of each district or intermediate district for the amount payable to the district or intermediate district according to the statement and delivering the warrant to the treasurer of each district or intermediate district, or if the state treasurer receives a written request by the treasurer of the district or intermediate district specifying an account, by electronic funds transfer to that account of the amount payable to the district or intermediate district according to the statement. The department may make adjustments in payments made under this section through additional payments when changes in law or errors in computation cause the regularly scheduled payment to be less than the amount to which the district or intermediate district is entitled pursuant to this act.
(3) Except as otherwise specified in this act, grant payments under this act shall be paid according to subsection (1).
(4) Upon the written request of a district or intermediate district and the submission of proof satisfactory to the department of a need of a temporary and nonrecurring nature, the superintendent, with the written concurrence of the state treasurer and the director of management and budget, may authorize an advance release of funds due a district or intermediate district under this act. Such an advance shall not cause funds to be paid to a district or intermediate district more than 30 days earlier than the established payment date for those funds.".
3. Amend page 21, following line 21, by inserting:
"SEC. 25A. IF A PUPIL DESCRIBED IN SECTION 6(6)(G) ENROLLS PURSUANT TO SECTION 6(6)(G) DURING A SCHOOL YEAR IN A DISTRICT OTHER THAN THE DISTRICT IN WHICH THE PUPIL IS COUNTED IN MEMBERSHIP, THE EDUCATING DISTRICT SHALL REPORT THE ENROLLMENT INFORMATION TO THE DEPARTMENT AND TO THE DISTRICT IN WHICH THE PUPIL IS COUNTED IN MEMBERSHIP, AND THE DISTRICT IN WHICH THE PUPIL IS COUNTED IN MEMBERSHIP SHALL PAY TO THE EDUCATING DISTRICT AN AMOUNT EQUAL TO THE AMOUNT OF THE FOUNDATION ALLOWANCE RECEIVED BY THE DISTRICT IN WHICH THE PUPIL IS COUNTED IN MEMBERSHIP, PRORATED ACCORDING TO THE NUMBER OF DAYS OF THE SCHOOL YEAR ENDING IN THE FISCAL YEAR THE PUPIL IS EDUCATED IN THE EDUCATING DISTRICT COMPARED TO THE NUMBER OF DAYS OF THE SCHOOL YEAR ENDING IN THE FISCAL YEAR THE PUPIL WAS ACTUALLY ENROLLED IN THE DISTRICT IN WHICH THE PUPIL IS COUNTED IN MEMBERSHIP. IF A DISTRICT DOES NOT MAKE THE PAYMENT REQUIRED UNDER THIS SECTION WITHIN 30 DAYS AFTER RECEIPT OF THE REPORT, THE DEPARTMENT SHALL CALCULATE THE AMOUNT OWED, SHALL DEDUCT THAT AMOUNT FROM THE REMAINING STATE SCHOOL AID PAYMENTS TO THE DISTRICT FOR THAT FISCAL YEAR UNDER THIS ACT, AND SHALL PAY THAT AMOUNT TO THE EDUCATING DISTRICT. THE DISTRICT IN WHICH THE PUPIL IS COUNTED IN MEMBERSHIP AND THE EDUCATING DISTRICT SHALL PROVIDE TO THE DEPARTMENT ALL INFORMATION THE DEPARTMENT REQUIRES TO ENFORCE THIS SECTION.
Sec. 26a. From the general fund appropriation in section 11, there is allocated for 1997-98, for 1998-99, and for 1999-2000 an amount not to exceed $6,584,200.00 each fiscal year to reimburse districts, intermediate districts, and the state school aid fund pursuant to section 12 of the Michigan renaissance zone act, 1996 PA 376, MCL 125.2692, for taxes levied in 1997,
4. Amend page 30, line 27, after "pupils" by striking out "with handicaps as defined by the department" and inserting "WHO ARE ELIGIBLE FOR SPECIAL EDUCATION PROGRAMS AND SERVICES ACCORDING TO STATUTE OR RULE".
5. Amend page 43, following line 10, by inserting:
"Sec. 105. (1) In order to avoid a penalty under this section, and in order to count a nonresident pupil residing within the same intermediate district in membership without the approval of the pupil's district of residence, a district shall comply with this section.
(2) Except as otherwise provided in subsection (3),
(a) By June 15, publish the grades, schools, and special programs, if any, for which enrollment may be available to, and for which applications will be accepted from, nonresident applicants residing within the same intermediate district.
(b) At least until July 1, accept applications from nonresidents residing within the same intermediate district for enrollment in the available grades, schools, and programs.
(c) By July 15, using the procedures and preferences required under this section, determine which nonresident applicants will be allowed to enroll in the district and notify the parent or legal guardian of each nonresident applicant of whether or not the applicant may enroll in the district. The notification to parents or legal guardians of nonresident applicants accepted for enrollment shall contain notification of the date by which the applicant must enroll in the district and procedures for enrollment.
(3)
(4)
(5)
(6)
(7)
(8)
(9)
(10)
(11)
(12)
(13)
(14)
(15)
(16)
(17)
(18)
(19)
(20)
(21)
SEC. 161A. IF A COURT DETERMINES THAT A PERSON INTENTIONALLY VIOLATED SECTION 411A OF THE MICHIGAN PENAL CODE, 1931 PA 328, MCL 750.411A, BY MAKING A FALSE REPORT OF THE COMMISSION OF A CRIME DESCRIBED IN SECTION 6(6)(G) KNOWING THE REPORT TO BE FALSE FOR THE PURPOSE OF HAVING A PUPIL COUNTED IN MEMBERSHIP IN A DISTRICT UNDER SECTION 6(6)(G), AS PART OF THE RESTITUTION ORDERED UNDER SECTION 30 OF CHAPTER XIIA OF 1939 PA 288, MCL 712A.30, SECTION 16, 44, OR 76 OF THE CRIME VICTIM'S RIGHTS ACT, 1985 PA 87, MCL 780.766, 780.794, AND 780.826, OR SECTION 1A OF CHAPTER IX OF THE CODE OF CRIMINAL PROCEDURE, 1927 PA 175, MCL 769.1A, THE COURT MAY ORDER THE PERSON TO PAY THE PUPIL'S DISTRICT OF RESIDENCE AN AMOUNT THAT IS NOT MORE THAN THE STATE SCHOOL AID THAT DISTRICT WOULD HAVE RECEIVED ATTRIBUTABLE TO THE PUPIL IF THE PUPIL HAD BEEN COUNTED IN MEMBERSHIP IN HIS OR HER DISTRICT OF RESIDENCE.".
The Senate has concurred in the House substitute (H-2) as amended, ordered that the bill be given immediate effect and amended the title to read as follows:
A bill to amend 1979 PA 94, entitled "An act to make appropriations to aid in the support of the public schools and the intermediate school districts of the state; to make appropriations for certain other purposes relating to education; to provide for the disbursement of the appropriations; to supplement the school aid fund by the levy and collection of certain taxes; to authorize the issuance of certain bonds and provide for the security of those bonds; to prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to prescribe penalties; and to repeal certain acts and parts of acts," by amending sections 6, 11, 11g, 17b, 20, 20b, 26a, 31a, 51a, 63, 81, and 105 (MCL 388.1606, 388.1611, 388.1611g, 388.1617b, 388.1620, 388.1620b, 388.1626a, 388.1631a, 388.1651a, 388.1663, 388.1681, and 388.1705), sections 6, 11, 11g, 20, 26a, 31a, 51a, 81, and 105 as amended and sections 20b and 63 as added by 1998 PA 339, and section 17b as amended by 1997 PA 142, and by adding sections 25a and 161a.
The Speaker announced that pursuant to Rule 45, the bill was laid over one day.
Rep. Gagliardi moved that Rule 45 be suspended.
The motion prevailed, 3/5 of the members present voting therefor.
The question being on concurring in the amendments made to the House substitute (H-2),
The amendments were concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1159 Yeas--90
Agee DeVuyst Jellema Price
Anthony Dobb Johnson Profit
Baade Dobronski Kelly Quarles
Baird Emerson Kilpatrick Raczkowski
Bankes Fitzgerald LaForge Richner
Basham Frank Law Rocca
Birkholz Gagliardi Leland Sanborn
Bobier Galloway LeTarte Schauer
Bodem Geiger London Schermesser
Bogardus Gernaat Lowe Scott
Brackenridge Gilmer Martinez Scranton
Brater Gire Mathieu Sikkema
Brewer Godchaux McBryde Tesanovich
Brown Goschka McManus Thomas
Byl Green McNutt Varga
Callahan Gustafson Middaugh Voorhees
Cassis Hale Nye Walberg
Cherry Hammerstrom Olshove Wallace
Ciaramitaro Hanley Owen Wetters
Cropsey Harder Oxender Whyman
Curtis Horton Palamara Willard
Dalman Jansen Parks Wojno
DeHart Jelinek
Nays--0
In The Chair: DeHart
The House agreed to the title as amended.
House Bill No. 5061, entitled
A bill to amend the Initiated Law of 1976, entitled "A petition to initiate legislation to provide for the use of returnable containers for soft drinks, soda water, carbonated natural or mineral water, other nonalcoholic carbonated drink, and for beer, ale, or other malt drink of whatever alcoholic content, and for certain other beverage containers; to provide for the use of unredeemed bottle deposits; to prescribe the powers and duties of certain state agencies and officials; and to prescribe penalties and provide remedies," by amending sections 2, 3b, and 4 (MCL 445.572, 445.573b, and 445.574), section 2 as amended by 1986 PA 235, section 3b as amended by 1996 PA 384, and section 4 as amended by 1982 PA 39, and by adding sections 4a and 4b.
The Senate has substituted (S-2) the bill.
The Senate has passed the bill as substituted (S-2) by a 3/4 vote.
The Speaker announced that pursuant to Rule 45, the bill was laid over one day.
Rep. Gagliardi moved that Rule 45 be suspended.
The motion prevailed, 3/5 of the members present voting therefor.
The question being on concurring in the substitute (S-2) made to the bill by the Senate,
The substitute (S-2) was concurred in, 3/4 of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1160 Yeas--83
Agee DeVuyst Kaza Price
Baade Dobronski Kelly Profit
Bankes Fitzgerald Kilpatrick Quarles
Basham Frank Kukuk Raczkowski
Birkholz Gagliardi Law Richner
Bobier Galloway Leland Rocca
Bodem Geiger LeTarte Sanborn
Bogardus Gernaat London Schauer
Brackenridge Godchaux Lowe Schermesser
Brater Goschka Mathieu Scott
Brewer Green McBryde Scranton
Brown Gustafson McManus Sikkema
Byl Hale McNutt Tesanovich
Callahan Hammerstrom Middaugh Thomas
Cassis Hanley Middleton Voorhees
Cherry Harder Nye Walberg
Crissman Horton Olshove Wallace
Cropsey Jansen Owen Wetters
Curtis Jelinek Oxender Whyman
Dalman Jellema Parks Wojno
DeHart Johnson Perricone
Nays--7
Anthony Emerson LaForge Willard
Ciaramitaro Gire Martinez
In The Chair: DeHart
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
Second Reading of Bills
Senate Bill No. 1167, entitled
A bill to amend 1966 PA 225, entitled "Carnival-amusement safety act of 1966," by amending section 2 (MCL 408.652), as amended by 1982 PA 35.
Was read a second time, and the question being on the adoption of the proposed amendment previously recommended by the Committee on Regulatory Affairs (for amendment, see House Journal No. 78, p. 2412),
The amendment was adopted, a majority of the members serving voting therefor.
Rep. Varga moved to amend the bill as follows:
1. Amend page 2, line 15, by striking out all of enacting section 1.
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Gagliardi moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed, a majority of the members voting therefor.
Rep. Gagliardi moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the House returned to the order of
Third Reading of Bills
Senate Bill No. 1167, entitled
A bill to amend 1966 PA 225, entitled "Carnival-amusement safety act of 1966," by amending section 2 (MCL 408.652), as amended by 1982 PA 35.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1161 Yeas--95
Agee DeVuyst Johnson Profit
Anthony Dobb Kaza Quarles
Baade Dobronski Kelly Raczkowski
Baird Fitzgerald Kukuk Richner
Bankes Frank LaForge Rison
Basham Gagliardi Law Rocca
Birkholz Galloway Leland Sanborn
Bobier Geiger LeTarte Schauer
Bodem Gernaat London Schermesser
Bogardus Gilmer Lowe Scott
Brackenridge Gire Martinez Scranton
Brater Godchaux Mathieu Sikkema
Brewer Goschka McBryde Stallworth
Brown Green McManus Tesanovich
Byl Gubow McNutt Thomas
Callahan Gustafson Middaugh Varga
Cassis Hale Middleton Voorhees
Cherry Hammerstrom Nye Walberg
Ciaramitaro Hanley Olshove Wallace
Crissman Harder Owen Wetters
Cropsey Horton Oxender Whyman
Curtis Jansen Parks Willard
Dalman Jelinek Perricone Wojno
DeHart Jellema Price
Nays--0
In The Chair: DeHart
Pursuant to Joint Rule 20, the full title of the act shall read as follows:
"An act to provide for the inspection, licensing, and regulation of carnival and amusement rides; to provide for the safety of the public using carnival and amusement rides; to create a carnival amusement safety board in the department of licensing and regulation; to provide for the disposition of revenues; to make an appropriation; and to provide penalties for violations,".
The House agreed to the full title.
Rep. Gagliardi moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
By unanimous consent the House returned to the order of
Messages from the Senate
House Bill No. 5989, entitled
A bill to amend 1971 PA 140, entitled "An act to provide for the distribution of certain state revenues to cities, villages, townships, and counties; to impose certain duties and confer certain powers on this state, political subdivisions of this state, and the officers of both; to create reserve funds; and to establish a revenue sharing task force and provide for its powers and duties," by amending sections 1, 7, 11, 12a, and 13 (MCL 141.901, 141.907, 141.911, 141.912a, and 141.913), section 11 as amended by 1996 PA 468 and section 12a as added and section 13 as amended by 1996 PA 342, and by adding section 13d; and to repeal acts and parts of acts.
The Senate has amended the House amendments as follows:
1. Amend House Amendment No. 3, page 22, line 15, after "after" by striking out ""PROVIDES"" and inserting ""FOR"".
2. Amend House Amendment No. 4, page 22, line 15, after "BASIS" by striking out the balance of the amendment and inserting "EITHER THROUGH CONTRACTING FOR OR DIRECTLY EMPLOYING PERSONNEL".".
3. Amend House Amendment No. 5, page 22, line 16, after "50%" by inserting "OR MORE".
4. Amend House Amendment No. 6, page 22, line 16, after "50%" by inserting "OR MORE".
The Senate has concurred in the House amendments as amended.
The Speaker announced that pursuant to Rule 45, the bill was laid over one day.
Rep. Gagliardi moved that Rule 45 be suspended.
The motion prevailed, 3/5 of the members present voting therefor.
The question being on concurring in the amendments made to the House amendments made to the bill by the Senate,
The amendments were concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1162 Yeas--76
Agee DeVuyst Horton Owen
Baade Dobb Jansen Oxender
Baird Dobronski Jelinek Palamara
Birkholz Fitzgerald Jellema Parks
Bobier Frank Johnson Perricone
Bodem Gagliardi Kilpatrick Profit
Bogardus Galloway Kukuk Raczkowski
Brackenridge Geiger Leland Rhead
Brewer Gernaat LeTarte Rison
Brown Gilmer Llewellyn Sanborn
Byl Gire London Scranton
Cassis Godchaux Martinez Sikkema
Cherry Goschka Mathieu Stallworth
Ciaramitaro Gubow McBryde Tesanovich
Crissman Gustafson McManus Thomas
Cropsey Hale McNutt Voorhees
Curtis Hammerstrom Middaugh Walberg
Dalman Harder Middleton Wetters
DeHart Hertel Nye Willard
Nays--24
Anthony Hanley Olshove Schermesser
Bankes Kaza Price Scott
Basham Kelly Quarles Varga
Brater LaForge Richner Wallace
Callahan Law Rocca Whyman
Green Lowe Schauer Wojno
In The Chair: DeHart
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 5294, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 62501 and 62509 (MCL 324.62501 and 324.62509), as added by 1995 PA 57, and by adding sections 62509a and 62509b.
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 pursuant to Joint Rule 20, inserted the full title.
The Speaker announced that pursuant to Rule 45, the bill was laid over one day.
Rep. Gagliardi moved that Rule 45 be suspended.
The motion prevailed, 3/5 of the members present voting therefor.
The question being on concurring in the substitute (S-2) made to the bill by the Senate,
The substitute (S-2) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1163 Yeas--90
Agee DeHart Jellema Perricone
Anthony DeVuyst Kaza Price
Baade Dobb Kelly Quarles
Baird Dobronski Kilpatrick Richner
Bankes Fitzgerald Kukuk Rison
Basham Frank LaForge Rocca
Birkholz Gagliardi Law Sanborn
Bobier Galloway Leland Schauer
Bodem Geiger LeTarte Schermesser
Bogardus Gilmer Llewellyn Scott
Brackenridge Gire London Scranton
Brater Godchaux Lowe Sikkema
Brewer Goschka Martinez Stallworth
Brown Green Mathieu Tesanovich
Byl Gubow McBryde Thomas
Callahan Hale McManus Varga
Cassis Hammerstrom Middleton Voorhees
Cherry Hanley Nye Walberg
Ciaramitaro Harder Olshove Wetters
Crissman Hertel Owen Whyman
Cropsey Horton Oxender Willard
Curtis Jansen Parks Wojno
Dalman Jelinek
Nays--0
In The Chair: DeHart
The House agreed to the full title.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
Senate Bill No. 981, entitled
A bill to amend 1994 PA 451, entitled "An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, and assessments; to provide certain appropriations; to prescribe penalties and provide remedies; to repeal certain parts of this act on a specific date; and to repeal certain acts and parts of acts," by amending sections 51701 and 51702 (MCL 324.51701 and 324.51702), as added by 1995 PA 57.
The Senate has amended the House amendments as follows:
1. Amend House Amendment No. 5, page 3, following line 10, after "SEC. 51704." by striking out the balance of the amendment and inserting "BEFORE CONDUCTING A PRESCRIBED BURN OF MORE THAN 40 ACRES, THE DEPARTMENT SHALL NOTIFY EACH LOCAL FIRE DEPARTMENT WITH JURISDICTION OVER THE PROJECTED BURN AREA THAT A PRESCRIBED BURN IS SCHEDULED TO OCCUR WITHIN A DESIGNATED 60-DAY PERIOD. THE NOTIFICATION SHALL TAKE PLACE NOT LESS THAN 2 WEEKS BEFORE THE FIRST DAY OF THE 60-DAY PERIOD.".
The Senate has concurred in the House amendments as amended, ordered that it given immediate effect and agreed to the full title.
The Speaker announced that pursuant to Rule 45, the bill was laid over one day.
Rep. Gagliardi moved that Rule 45 be suspended.
The motion prevailed, 3/5 of the members present voting therefor.
The question being on concurring in the amendment made to the House amendments made to the bill by the Senate,
The amendment was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1164 Yeas--92
Agee Dobb Johnson Perricone
Anthony Dobronski Kaza Price
Baade Fitzgerald Kelly Quarles
Baird Frank Kilpatrick Raczkowski
Bankes Gagliardi Kukuk Rhead
Basham Galloway Law Richner
Birkholz Geiger Leland Rison
Bodem Gernaat LeTarte Rocca
Bogardus Gilmer Llewellyn Sanborn
Brackenridge Gire London Schauer
Brater Godchaux Lowe Schermesser
Brewer Goschka Martinez Scott
Brown Green Mathieu Scranton
Byl Gubow McBryde Sikkema
Callahan Gustafson McManus Stallworth
Cassis Hale McNutt Tesanovich
Cherry Hammerstrom Middaugh Thomas
Ciaramitaro Hanley Middleton Walberg
Crissman Harder Nye Wallace
Cropsey Horton Olshove Wetters
Dalman Jansen Owen Whyman
DeHart Jelinek Oxender Willard
DeVuyst Jellema Parks Wojno
Nays--0
In The Chair: DeHart
______
Rep. Scranton, under Rule 33, made the following statement:
"Mr. Speaker and members of the House:
I was absent from the Chamber when the vote was taken on Roll Call Nos. 1140, 1141, 1149 and 1150. Had I been present, I would have voted 'yes'."
______
Rep. Brater moved that Reps. Varga and Schermesser be excused temporarily from today's session.
The motion prevailed.
House Bill No. 5129, entitled
A bill to designate an official flag month of this state and to provide guidelines for display and handling.
The Senate has amended the bill as follows:
1. Amend page 1, following line 2, subsection (2)(e), after "vertically" by striking out "against a wall".
The Senate has passed the bill as amended and orderd that it be given immediate effect.
The Speaker announced that pursuant to Rule 45, the bill was laid over one day.
Rep. Gagliardi moved that Rule 45 be suspended.
The motion prevailed, 3/5 of the members present voting therefor.
The question being on concurring in the amendment made to the bill by the Senate,
The amendment was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 1165 Yeas--89
Agee DeVuyst Jelinek Oxender
Anthony Dobb Jellema Parks
Baade Dobronski Kaza Price
Baird Fitzgerald Kelly Quarles
Bankes Frank Kukuk Raczkowski
Basham Gagliardi LaForge Rhead
Birkholz Galloway Law Richner
Bodem Geiger Leland Rison
Bogardus Gernaat LeTarte Rocca
Brackenridge Gilmer Llewellyn Sanborn
Brater Gire London Scott
Brewer Godchaux Lowe Scranton
Brown Goschka Martinez Sikkema
Byl Gubow Mathieu Stallworth
Callahan Gustafson McBryde Tesanovich
Cassis Hale McManus Thomas
Cherry Hammerstrom McNutt Voorhees
Ciaramitaro Hanley Middaugh Walberg
Crissman Harder Middleton Wetters
Cropsey Hertel Nye Whyman
Curtis Horton Olshove Willard
Dalman Jansen Owen Wojno
DeHart
Nays--0
In The Chair: DeHart
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
______
Rep. Schermesser moved that Rep. Tesanovich be excused temporarily from today's session.
The motion prevailed.
House Bill No. 4425, entitled
A bill to make certain appropriations for the department of community health for the fiscal year ending September 30, 1998; and to provide for the expenditure of those certain appropriations.
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 make, supplement, and adjust appropriations for various state departments and agencies and the legislative branch for the fiscal year ending September 30, 1999; to provide for and direct the expenditure of certain appropriations; and to repeal acts and parts of acts.
The Speaker announced that pursuant to Rule 45, the bill was laid over one day.
Rep. Gagliardi moved that Rule 45 be suspended.
The motion prevailed, 3/5 of the members present voting therefor.
The question being on concurring in the substitute (S-2) made to the bill by the Senate,
Rep. Mathieu moved to amend the Senate substitute (S-2) as follows:
1. Amend page 3, following line 20, by inserting:
"Grand Valley State University - health professions building -
and adjusting the subtotals, totals, and section 201 accordingly.
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Martinez moved to amend the Senate substitute (S-2) as follows:
1. Amend page 3, following line 20, by inserting:
"Lansing Community College - public service training facility -
and adjusting the subtotals, totals, and section 201 accordingly.
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Price moved to amend the Senate substitute (S-2) as follows:
1. Amend page 3, following line 20, by inserting:
"Oakland University - school of education building -
and adjusting the subtotals, totals, and section 201 accordingly.
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Bankes moved to amend the Senate substitute (S-2) as follows:
1. Amend page 3, following line 20, by inserting:
"Schoolcraft Community College - business and industry training center
and adjusting the subtotals, totals, and section 201 accordingly.
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
The question being on concurring in the Senate substitute (S-2), as amended,
The Senate substitute (S-2), as amended, was concurred in, a majority of the members serving voting therefor, by yeas and nays as follows:
Roll Call No. 1166 Yeas--70
Agee DeVuyst LaForge Profit
Anthony Dobronski Law Quarles
Baade Emerson Leland Raczkowski
Baird Frank LeTarte Rhead
Bankes Gagliardi Llewellyn Richner
Basham Galloway Martinez Rison
Birkholz Gilmer Mathieu Sanborn
Bodem Gire McBryde Schauer
Bogardus Godchaux McManus Schermesser
Brackenridge Goschka Middaugh Scott
Brater Gubow Middleton Scranton
Brewer Hale Olshove Sikkema
Brown Hammerstrom Owen Stallworth
Cassis Harder Oxender Thomas
Cherry Hertel Parks Varga
Crissman Jelinek Perricone Wallace
Curtis Kelly Price Wetters
DeHart Kilpatrick
Nays--24
Bobier Geiger Kaza Rocca
Byl Gernaat Kukuk Voorhees
Callahan Horton London Walberg
Cropsey Jansen Lowe Whyman
Dalman Jellema McNutt Willard
Fitzgerald Johnson Nye Wojno
In The Chair: DeHart
The House agreed to the title as amended.
______
Rep. Ciaramitaro, under Rule 32(b), made the following statement:
"Mr. Speaker and members of the House:
I did not vote on Roll Call No. 1166 because of a possible conflict of interest."
By unanimous consent the House returned to the order of
Motions and Resolutions
Rep. Martinez offered the following resolution:
House Resolution No. 468.
A resolution supporting ratification of the United Nations Convention on the Elimination of All Forms of Discrimination Against Women.
Whereas, The Convention on the Elimination of All Forms of Discrimination Against Women was adopted by the United Nations General Assembly on December 18, 1979. It became an international treaty on September 3, 1981, and, by 1998, 160 nations, including all of the industrialized world except the United States, have agreed to be bound by the convention's provisions; and
Whereas, The United States, which supports and has a position of leadership in the United Nations, was an active participant in the drafting and is a signatory to the convention; and
Whereas, The spirit of the convention is rooted in the goals of the United Nations and the United States to affirm faith in fundamental human rights, in the dignity and worth of every human person, and in the equal rights of men and women; and
Whereas, The convention provides a comprehensive framework for challenging the various forces that have created and sustained discrimination based on sex against half the world's population. The nations in support of the present convention have agreed to follow its prescription; and
Whereas, Although women have made major gains in the struggle for equality in social, business, political, legal, educational, and other fields in this century, there is much yet to be accomplished. Through its support, leadership, and prestige, the United States can help create a world where women are no longer discriminated against and have achieved one of the most fundamental of human rights--equality; now, therefore, be it
Resolved by the Michigan House of Representatives, That we strongly urge the President of the United States and the Secretary of State to place this treaty, the United Nations Convention on the Elimination of All Forms of Discrimination Against Women, as the highest priority in order to accelerate the treaty's passage through the U.S. Senate Foreign Relations Committee and the full U.S. Senate, with the goal of United States ratification; and be it further
Resolved, That the Michigan House of Representatives exhorts the U.S. Senate Foreign Relations Committee to pass this treaty favorably out of committee; and be it further
Resolved, That the Michigan House of Representatives strongly urges the Senate of the United States to ratify the United Nations Convention on the Elimination of All Forms of Discrimination Against Women and supports the convention's continuing goals; and be it further
Resolved, That copies of this resolution be sent to the President of the United States, the Secretary of State of the United States, the President of the United States Senate, the chair of the Senate Foreign Relations Committee, and all the members of the Michigan congressional delegation.
The resolution was referred to the Committee on House Oversight and Ethics.
Reps. Hale, Varga, Thomas, Kilpatrick, Stallworth, Griffin, Agee, Quarles, Rison, Price, Godchaux, Byl, LaForge, Jansen, Gagliardi, Law, Wallace, Martinez, Dobb, Rhead, McNutt, Basham, Emerson, Llewellyn, Schauer, Hanley, Dobronski, Harder, Schroer, Gire, Baird, Scott, Brater and Kelly offered the following resolution:
House Resolution No. 469.
A resolution to ask the Honorable Jim Gilmore, Governor of Virginia, to grant clemency to Alfred Martin.
Whereas, In 1973, Alfred Martin was sentenced to a ten-year sentence in Virginia for selling $10 worth of marijuana. In February of 1974, he escaped from a low-security prison farm; and
Whereas, During the quarter century that has followed, Alfred Martin has completely redirected his life to productive purposes. He became, in the words of many, including Michigan law enforcement and judicial authorities, an exemplary citizen and family man. Mr. Martin is the owner of a mortgage company in Livonia; and
Whereas, A short time ago, after he was stopped for a traffic violation, Mr. Martin's actions in Virginia twenty-five years ago came back to light. In spite of the input of numerous people, Alfred Martin was extradited to Virginia, where he has been jailed and awaits further prosecutions related to events that took place well over two decades ago; and
Whereas, While Mr. Martin's actions years ago cannot be condoned, it is also true that the genuine ends of justice are not served by the possible imprisonment faced by this upstanding citizen. Justice should not be blind to the unique elements of this case. Indeed, if the ultimate goal of our judicial system is rehabilitation of lives, this has been fully achieved long ago by Alfred Martin; now, therefore, be it
Resolved by the House of Representatives, That we respectfully ask the Honorable Jim Gilmore, Governor of Virginia, to grant clemency to Alfred Martin; and be it further
Resolved, That a copy of this resolution be transmitted to the Office of the Governor of the Commonwealth of Virginia.
The resolution was referred to the Committee on House Oversight and Ethics.
Reports of Select Committees
House Bill No. 4738, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 248 (MCL 257.248), as amended by 1993 PA 300, and by adding sections 1d, 1e, and 4c.
(For text of conference report, see House Journal No. 81, p. 2525.)
The Senate has adopted the report of the Committee of Conference.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 4740, entitled
A bill to amend 1981 PA 118, entitled "An act to regulate motor vehicle manufacturers, distributors, wholesalers, dealers, and their representatives; to regulate dealings between manufacturers and distributors or wholesalers and their dealers; to regulate dealings between manufacturers, distributors, wholesalers, dealers, and consumers; to prohibit unfair practices; to provide remedies and penalties; and to repeal certain acts and parts of acts," by amending sections 13 and 14 (MCL 445.1573 and 445.1574).
(For text of conference report, see House Journal No. 81, p. 2528.)
The Senate has adopted the report of the Committee of Conference.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
Messages from the Senate
House Bill No. 4343, entitled
A bill to amend 1972 PA 106, entitled "Highway advertising act of 1972," by amending the title and section 3 (MCL 252.303) and by adding sections 18a and 20.
The Senate has passed the bill and pursuant to Joint Rule 20, inserted the full title.
The House agreed to the full title.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 5564, entitled
A bill to amend 1939 PA 288, entitled "An act to revise and consolidate the statutes relating to certain aspects of the family division of circuit court, to the jurisdiction, powers, and duties of the family division of circuit court and its judges and other officers, to the change of name of adults and children, and to the adoption of adults and children; to prescribe certain jurisdiction, powers, and duties of the family division of circuit court and its judges and other officers; to prescribe the manner and time within which certain actions and proceedings may be brought in the family division of the circuit court; to prescribe pleading, evidence, practice, and procedure in certain actions and proceedings in the family division of circuit court; to provide for appeals from certain actions in the family division of circuit court; to prescribe the powers and duties of certain state departments, agencies, and officers; and to provide remedies and penalties," by amending section 21 of chapter X and sections 2, 2a, 2c, 14, 15, 17, 17c, 18, and 26 of chapter XIIA (MCL 710.21, 712A.2, 712A.2a, 712A.2c, 712A.14, 712A.15, 712A.17, 712A.17c, 712A.18, and 712A.26), sections 2, 2a, and 2c of chapter XIIA as amended by 1996 PA 409, section 14 of chapter XIIA as amended by 1988 PA 224, section 15 of chapter XIIA as amended by 1987 PA 72, section 17 of chapter XIIA as amended by 1998 PA 325, section 17c of chapter XIIA as amended by 1997 PA 169, and section 18 of chapter XIIA as amended by 1997 PA 163.
The Senate has concurred in the House amendment to the Senate substitute (S-3).
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 5567, entitled
A bill to amend 1927 PA 175, entitled "An act to revise, consolidate, and codify the laws relating to criminal procedure and to define the jurisdiction, powers, and duties of courts, judges, and other officers of the court under the provisions of this act; to provide laws relative to the rights of persons accused of criminal offenses and ordinance violations; to provide for the arrest of persons charged with or suspected of criminal offenses and ordinance violations; to provide for bail of persons arrested for or accused of criminal offenses and ordinance violations; to provide for the examination of persons accused of criminal offenses; to regulate the procedure relative to grand juries, indictments, informations, and proceedings before trial; to provide for trials of persons complained of or indicted for criminal offenses and ordinance violations and to provide for the procedure in those trials; to provide for judgments and sentences of persons convicted of criminal offenses and ordinance violations; to establish a sentencing commission and to prescribe its powers and duties; to provide for procedure relating to new trials and appeals in criminal and ordinance violation cases; to provide a uniform system of probation throughout this state and the appointment of probation officers; to prescribe the powers, duties, and compensation of probation officers; to provide penalties for the violation of the duties of probation officers; to provide for procedure governing proceedings to prevent crime and proceedings for the discovery of crime; to provide for fees of officers, witnesses, and others in criminal and ordinance violation cases; to set forth miscellaneous provisions as to criminal procedure in certain cases; to provide penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act," by amending sections 15b and 15c of chapter IV (MCL 764.15b and 764.15c), as amended by 1996 PA 15.
The Senate has concurred in the House amendments to the Senate substitute (S-1).
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 5793, entitled
A bill to amend 1994 PA 451, entitled "An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, and assessments; to provide certain appropriations; to prescribe penalties and provide remedies; to repeal certain parts of this act on a specific date; and to repeal certain acts and parts of acts," by amending sections 9301, 9302, 9303, 9304, 9305, 9307, 9308, 9310, 9312, and 9313 (MCL 324.9301, 324.9302, 324.9303, 324.9304, 324.9305, 324.9307, 324.9308, 324.9310, 324.9312, and 324.9313), as added by 1995 PA 60, and by adding section 9304a; and to repeal acts and parts of acts.
The Senate has concurred in the House amendment to the Senate amendments.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 5795, entitled
A bill to amend 1975 PA 228, entitled "Single business tax act," by amending sections 23 and 23b (MCL 208.23 and 208.23b), as amended by 1995 PA 282.
The Senate has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The House agreed to the full title.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 5987, entitled
A bill to amend 1974 PA 163, entitled "L.E.I.N. policy council act of 1974," by amending section 4 (MCL 28.214), as amended by 1998 PA 82.
The Senate has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The House agreed to the full title.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 6045, entitled
A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 7d (MCL 211.7d), as amended by 1987 PA 200.
The Senate has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The House agreed to the full title.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 6175, entitled
A bill to amend 1980 PA 450, entitled "The tax increment finance authority act," by amending section 1 (MCL 125.1801), as amended by 1997 PA 201.
The Senate has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The House agreed to the full title.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 6271, entitled
A bill to amend 1998 PA 58, entitled "Michigan liquor control code of 1998," by amending sections 205, 501, 513, 522, 531, 533, 811, 903, and 1113 (MCL 436.1205, 436.1501, 436.1513, 436.1522, 436.1531, 436.1533, 436.1811, 436.1903, and 436.2113), section 522 as added and section 531 as amended by 1998 PA 282.
The Senate has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The House agreed to the full title.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 4629, entitled
A bill to amend 1964 PA 170, entitled "An act to make uniform the liability of municipal corporations, political subdivisions, and the state, its agencies and departments, officers, employees, and volunteers thereof, and members of certain boards, councils, and task forces when engaged in the exercise or discharge of a governmental function, for injuries to property and persons; to define and limit this liability; to define and limit the liability of the state when engaged in a proprietary function; to authorize the purchase of liability insurance to protect against loss arising out of this liability; to provide for defending certain claims made against public officers and paying damages sought or awarded against them; to provide for the legal defense of public officers and employees; to provide for reimbursement of public officers and employees for certain legal expenses; and to repeal certain acts and parts of acts," by amending section 7 (MCL 691.1407), as amended by 1996 PA 143.
The Senate has substituted (S-2) the bill.
The Senate has passed the bill as substituted (S-2).
The Speaker announced that pursuant to Rule 45, the bill was laid over one day.
House Bill No. 5986, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 16131 and 16263 (MCL 333.16131 and 333.16263), as amended by 1995 PA 126, and by adding section 16338 and part 179.
The Senate has substituted (S-6) the bill.
The Senate has passed the bill as substituted (S-6), ordered that it be given immediate effect and amended the title to read as follows:
A bill to amend 1978 PA 368, entitled "An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates," by amending section 16263 (MCL 333.16263), as amended by 1995 PA 126, and by adding sections 16348a and 16348b and parts 186 and 187.
The Speaker announced that pursuant to Rule 45, the bill was laid over one day.
Senate Bill No. 825, entitled
A bill to amend 1927 PA 175, entitled "An act to revise, consolidate, and codify the laws relating to criminal procedure and to define the jurisdiction, powers, and duties of courts, judges, and other officers of the court under the provisions of this act; to provide laws relative to the rights of persons accused of criminal offenses and ordinance violations; to provide for the arrest of persons charged with or suspected of criminal offenses and ordinance violations; to provide for bail of persons arrested for or accused of criminal offenses and ordinance violations; to provide for the examination of persons accused of criminal offenses; to regulate the procedure relative to grand juries, indictments, informations, and proceedings before trial; to provide for trials of persons complained of or indicted for criminal offenses and ordinance violations and to provide for the procedure in those trials; to provide for judgments and sentences of persons convicted of criminal offenses and ordinance violations; to establish a sentencing commission and to prescribe its powers and duties; to provide for procedure relating to new trials and appeals in criminal and ordinance violation cases; to provide a uniform system of probation throughout this state and the appointment of probation officers; to prescribe the powers, duties, and compensation of probation officers; to provide penalties for the violation of the duties of probation officers; to provide for procedure governing proceedings to prevent crime and proceedings for the discovery of crime; to provide for fees of officers, witnesses, and others in criminal and ordinance violation cases; to set forth miscellaneous provisions as to criminal procedure in certain cases; to provide penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act," by amending sections 8, 31, 33, and 34 of chapter IX and section 14 of chapter XI (MCL 769.8, 769.31, 769.33, 769.34, and 771.14), section 8 of chapter IX as amended by 1994 PA 322, sections 31, 33, and 34 of chapter IX as added and section 14 of chapter XI as amended by 1994 PA 445, and by adding chapter IXA.
The Senate has amended the House substitute (H-1) as follows:
1. Amend page 2, line 5, after "BEFORE" by striking out the balance of the line through "1998" on line 6 and inserting "JANUARY 1, 1999".
2. Amend page 2, line 7, after "after" by striking out the balance of the subsection and inserting "January 1, 1999.".
3. Amend page 2, line 13, after "after" by striking out "DECEMBER 15, 1998" and inserting "January 1, 1999".
4. Amend page 6, following line 4, by striking out all of subsection (13).
5. Amend page 6, line 18, by striking out "28.214(3)" and inserting "28.214(4)(B)".
6. Amend page 10, following line 25, by inserting:
"252.311 PROPERTY H DESTROYING TREES OR SHRUBS
7. Amend page 11, line 24, after "offense" by inserting:
"COMMITTED BEFORE OCTOBER 1, 1999".
8. Amend page 11, following line 24, by inserting:
"257.625(8)(C) PUB SAF E OUIL - THIRD OFFENSE COMMITTED
257.625(9)(B) PERSON E ALLOWING VEHICLE TO BE OPER-
257.625(9)(C) PERSON G ALLOWING VEHICLE TO BE OPER-
257.625(10)(C) PUB SAF E IMPAIRED DRIVING - THIRD
257.625K(7) PUB SAF D KNOWINGLY PROVIDING FALSE
257.625K(9) PUB SAF D FAILURE TO REPORT THAT IGNI-
257.625M(5) PUB SAF E COMMERCIAL DRUNK DRIVING--
9. Amend page 11, line 26, after "forfeiture" by inserting "COMMITTED BEFORE OCTOBER 1, 1999".
10. Amend page 11, following line 38, by inserting:
"257.904(4) PERSON C OPERATING WITHOUT LICENSE
257.904(5) PERSON E OPERATING WITHOUT LICENSE
257.904(7) PERSON G ALLOWING VEHICLE TO BE
PERSON E ALLOWING VEHICLE TO BE OPER-
11. Amend page 15, following line 29, by inserting:
"324.81134(7) PERSON C OPERATING AN ORV UNDER THE
324.81134(8) PERSON E OPERATING AN ORV UNDER THE
12. Amend page 15, following line 29, by inserting:
"324.82126C(1) PERSON G OPERATING A SNOWMOBILE CARE-
324.82126C(2) PERSON G OPERATING A SNOWMOBILE
13. Amend page 19, following line 23, by inserting:
"338.3463(1) PUB SAF H ACTING AS BAIL ENFORCEMENT
14. Amend page 21, following line 23, by inserting:
"712A.6B(3) PUB ORD G VIOLATION OF COURT ORDER
15. Amend page 28, line 29, after "Pub saf" by striking out "F" and inserting "E".
16. Amend page 29, line 9, after "Pub saf" by striking out "F" and inserting "E".
17. Amend page 30, line 5, after "Pub saf" by striking out "F" and inserting "E".
18. Amend page 36, line 16, after "PERSON" by striking out "F" and inserting "D".
19. Amend page 47, following line 2, by striking out the balance of the bill and inserting:
"Enacting section 1. This amendatory act takes effect January 1, 1999.".
The Senate has concurred in the House substitute (H-1) as amended, ordered that it be given immediate effect and agreed to the full title.
The Speaker announced that pursuant to Rule 45, the bill was laid over one day.
Senate Bill No. 1021, entitled
A bill to repeal local acts prohibiting or restricting Sunday hunting.
The Senate has amended the House amendment as follows:
1. Amend the House Amendment, page 1, following line 5, enacting section 2, after "(1) Enacting section 1 does not take effect unless" by striking out "submitted to a vote of the qualified electors of Macomb county and approved by a majority of the electors voting on the question. The county board of commissioners of Macomb county may submit the question of approval to enacting section 1 to the qualified electors of Macomb county at the next regular election to be held not less than 60 days after the effective date of this act, or at a special election called for that purpose by the county board of commissioners of Macomb county. If submitted, the" and inserting "approved by a majority of the qualified electors of Macomb county voting on the question. The question of approval of enacting section 1 shall be submitted to the qualified electors of Macomb county by the Macomb county clerk at the next regular election to be held not less than 60 days after the effective date of this act, or at a special election called for that purpose by the county board of commissioners of Macomb county. The".
2. Amend the House Amendment, page 1, following line 5, enacting section 4, after "(1) Enacting section 3 does not take effect unless" by striking out "submitted to a vote of the qualified electors of St. Clair county and approved by a majority of the electors voting on the question. The county board of commissioners of St. Clair county may submit the question of approval of enacting section 3 to the qualified electors of St. Clair county at the next regular election to be held not less than 60 days after the effective date of this act, or at a special election called for that purpose by the county board of commissioners of St. Clair county. If submitted, the" and inserting "approved by a majority of the qualified electors of St. Clair county voting on the question. The question of approval of enacting section 3 shall be submitted to the qualified electors of St. Clair county by the St. Clair county clerk at the next regular election to be held not less than 60 days after the effective date of this act, or at a special election called for that purpose by the county board of commissioners of St. Clair county. The".
The Senate has concurred in the House amendment as amended.
The Speaker announced that pursuant to Rule 45, the bill was laid over one day.
House Concurrent Resolution No. 117.
A concurrent resolution to rename the Michigan Civilian Conservation Corps' Camp Vanderbilt in the honor of State Representative Tom Mathieu.
(For text of resolution, see House Journal No. 81, p. 2522.)
The Senate has adopted the concurrent resolution and named Senators Young, McManus and DeBeaussaert as co-sponsors.
The concurrent resolution was referred to the Clerk for record.
Introduction of Bills
Rep. Willard introduced
House Bill No. 6319, entitled
A bill to create a veterans ombudsman for each veterans facility in this state; to prescribe the duties and responsibilities of the veterans ombudsmen; and to prescribe the powers and duties of certain state agencies and officials.
The bill was read a first time by its title and referred to the Committee on Senior Citizens and Veterans Affairs.
Reps. Gire, Freeman, Bogardus, Martinez, Willard and Schauer introduced
House Joint Resolution KK, entitled
A joint resolution proposing an amendment to the state constitution of 1963, by adding section 55 to article IV, to provide for the review of tax expenditures by the legislature.
The joint resolution was read a first time by its title and referred to the Committee on Tax Policy.
By unanimous consent the House returned to the order of
Communications from State Officers
The following communications from the Secretary of State were received and read:
Notices of Filing
Administrative Rules
November 24, 1998
In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6 this is to advise you that the Office of Regulatory Reform, Legal Division filed at 10:02 A.M. this date, administrative rule (98-11-10) for the Department of State, Bureau of Elections, entitled "Campaign Financing", effective 15 days hereafter.
December 1, 1998
In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6 this is to advise you that the Office of Regulatory Reform, Legal Division filed at 10:02 A.M. this date, administrative rule (98-12-1) for the Department of Agriculture, Pesticide and Plant Pest Management Division, entitled "Regulation 523, Dry Edible Beans", effective 15 days hereafter.
Sincerely,
Candice S. Miller
Secretary of State
Helen Kruger, Supervisor
Office of the Great Seal
The communications were referred to the Clerk.
The following communications from the Auditor General were received and read:
December 10, 1998
Enclosed is a copy of the following audit report and/or executive digest:
Financial Audit, Including the Provisions
of the Single Audit Act, of the
Family Independence Agency and
Michigan Commission for the Blind
Federal Programs Within the
Department of Consumer and Industry Services
October 1, 1994, through September 30, 1996
December 10, 1998
Enclosed is a copy of the following audit report and/or executive digest:
Performance and Financial Related Audit of the
Michigan Information Processing Center
Department of Management and Budget
December 1998
Sincerely,
Thomas H. McTavish, C.P.A.
Auditor General
The communications were referred to the Clerk and the accompanying reports referred to the Committee on House Oversight and Ethics.
______
Rep. Gagliardi moved that when the House adjourns today it stand adjourned until Friday, December 11, at 12:01 a.m.
The motion prevailed.
Rep. Gagliardi moved that the House adjourn.
The motion prevailed, the time being 11:55 p.m.
Acting Speaker DeHart declared the House adjourned until Friday, December 11, at 12:01 a.m.
MARY KAY SCULLION
Clerk of the House of Representatives.
nonpublic ANY OF THE FOLLOWING:
, for pupils
, for pupils
, for pupils
, for pupils
, or for pupils
; a pupil enrolled in a district other than the pupil's district of residence but within the same intermediate district if the educating district enrolls nonresident pupils in accordance with section 105; a pupil enrolled in a district other than the pupil's district of residence if the pupil has been continuously enrolled in the educating district since a school year in which the pupil enrolled in the educating district under section 105 and in which the educating district enrolled nonresident pupils in accordance with section 105; or a pupil served by an intermediate district schools of choice pilot program as described in section 91a or former section 91 if the intermediate district and its constituent districts have been exempted from section 105 OR A PUPIL DESCRIBED IN SUBSECTION (6)(D) TO (G). A pupil's district of residence shall not require a high school tuition pupil, as provided under section 111, to attend another school district after the pupil has been assigned to a school district.
during 1998-99 shall be 1/11. However, for 1997-98 only, there shall not be an installment paid on August 20, and the portion to be included in each installment shall be 11.11% for the October and November payments; 9.72% for the December, January, February, March, April, May, and June payments; and 9.74% for the July payment. The payments due to a district in 1997-98 on April 20, May 20, June 20, and July 20 pursuant to this section each shall be reduced by an amount equal to 1/4 of the district's total additional payments in 1996-97 under former section 20c. A district or intermediate district shall accrue the payments received in July and August to the school fiscal year ending the immediately preceding June 30.
and 1998, AND 1999, respectively. This reimbursement shall be made by adjusting payments under section 20 to eligible districts, adjusting payments under section 56, 62, or 81 to eligible intermediate districts, and adjusting the state school aid fund. The adjustments shall be made not later than 60 days after the department of treasury certifies to the department and to the department of management and budget that the department of treasury has received all necessary information to properly determine the amounts due to each eligible recipient.".
or (4), a district shall determine by June 1 whether or not it will accept applications for enrollment by nonresident applicants residing within the same intermediate district for the next school year. If the district determines to accept applications for enrollment of a number of nonresidents, beyond those entitled to preference under this section, the district shall do all of the following:
(3) For 1996 only, the deadlines for the process described in subsection (2) are as follows:
(a) July 1 for determining whether or not the district will accept applications.
(b) July 15 for publishing the grades, schools, and special programs, if any, for which applications will be accepted.
(c) At least until August 1 for accepting applications.
(d) August 15 for determining which nonresident applicants will be allowed to enroll and notifying parents and legal guardians.
(4) If deadlines similar to those described in subsection (2) have been established in an intermediate district pursuant to a pilot intermediate district schools of choice program under former section 91, and if those deadlines are not later than the deadlines under subsection (2), the districts within the intermediate district may continue to use those deadlines.
(5) A district offering to enroll nonresident applicants residing within the same intermediate district may limit the number of nonresident pupils it accepts in a grade, school, or program, at its discretion, and may use that limit as the reason for refusal to enroll an applicant.
(6) A nonresident applicant residing within the same intermediate district shall not be granted or refused enrollment based on intellectual, academic, artistic, or other ability, talent, or accomplishment, or lack thereof, or based on a mental or physical disability, except that a district may refuse to admit a nonresident applicant if the applicant does not meet the same criteria, other than residence, that an applicant who is a resident of the district must meet to be accepted for enrollment in a grade or a specialized, magnet, or intra-district choice school or program to which the applicant applies.
(7) A nonresident applicant residing within the same intermediate district shall not be granted or refused enrollment based on age, except that a district may refuse to admit a nonresident applicant applying for a program that is not appropriate for the age of the applicant.
(8) A nonresident applicant residing within the same intermediate district shall not be granted or refused enrollment based upon religion, race, color, national origin, sex, height, weight, marital status, or athletic ability, or, generally, in violation of any state or federal law prohibiting discrimination.
(9)A district may refuse to enroll a nonresident applicant if the applicant is, or has been within the preceding 2 years, suspended from another school or if the applicant has ever been expelled from another school.
(10) A district shall give preference for enrollment over all other nonresident applicants residing within the same intermediate district to pupils who were enrolled in and attended the district in the school year immediately preceding the school year in question and to other school-age children who reside in the same household as the pupil.
(11) If a nonresident pupil was enrolled in and attending school in a district as a nonresident pupil in the 1995-96 school year and continues to be enrolled continuously each school year in that district, the district shall allow that nonresident pupil to continue to enroll in and attend school in the district until high school graduation, without requiring the nonresident pupil to apply for enrollment under this section. This subsection does not prohibit a district from expelling a pupil described in this subsection for disciplinary reasons.
(12) If the number of qualified nonresident applicants eligible for acceptance in a school, grade, or program does not exceed the positions available for nonresident pupils in the school, grade, or program, the school district shall accept for enrollment all of the qualified nonresident applicants eligible for acceptance. If the number of qualified nonresident applicants residing within the same intermediate district eligible for acceptance exceeds the positions available in a grade, school, or program in a district for nonresident pupils, the district shall use a random draw system, subject to the need to abide by state and federal antidiscrimination laws and court orders and subject to preferences allowed by this section.
(13) If a district, or the nonresident applicant, requests the district in which a nonresident applicant resides to supply information needed by the district for evaluating the applicant's application for enrollment or for enrolling the applicant, the district of residence shall provide that information on a timely basis.
(14) If a district is subject to a court-ordered desegregation plan, and if the court issues an order prohibiting pupils residing in that district from enrolling in another district or prohibiting pupils residing in another district from enrolling in that district, this section is subject to the court order.
(15) This section does not require a district to provide transportation for a nonresident pupil enrolled in the district under this section or for a resident pupil enrolled in another district under this section. However, at the time a nonresident pupil enrolls in the district, a district shall provide to the pupil's parent or legal guardian information on available transportation to and from the school in which the pupil enrolls.
(16) If, in a particular state fiscal year, the total number of pupils enrolled and counted in membership in a district is less than 90% of the total number of pupils residing in the district who are enrolled and counted in membership in either that district or 1 or more other districts, the total amount of money allocated to that district under section 20 shall be adjusted so that the district receives a total allocation under section 20 equal to the amount the district would receive under section 20 if exactly 90% of the pupils residing in the district who are enrolled and counted in either that district or 1 or more other districts were enrolled and counted in membership in that district.
(17) A district may participate in a cooperative education program with 1 or more other districts or intermediate districts whether or not the district enrolls any nonresidents pursuant to this section.
(18) A district that, pursuant to this section, enrolls a nonresident pupil who is a handicapped person, as defined in section 4 of the revised school code, being section 380.4 of the Michigan Compiled LawsELIGIBLE FOR SPECIAL EDUCATION PROGRAMS AND SERVICES ACCORDING TO STATUTE OR RULE, or who is a child with disabilities, as defined under the individuals with disabilities education act, TITLE VI OF Public Law 91-230, shall be considered to be the resident district of the pupil for the purpose of providing the pupil with a free appropriate public education. Consistent with state and federal law, that district is responsible for developing and implementing an individualized education plan annually for a nonresident pupil described in this subsection.
(19) If a district does not comply with this section, the district forfeits 10% of the total amount due to the district under section 20c.
(20) Upon application by a district, the superintendent of public instruction may grant a waiver for the district from a specific requirement under this section for not more than 1 year.
(21) If an intermediate district is operating under an intermediate district pilot schools of choice program established under former section 91 or as described in section 91a, and if the superintendent of public instruction determines that the program is substantially similar to intermediate district schools of choice under this section, the superintendent of public instruction may exempt the intermediate district and its constituent districts from this section for not more than 1 year.
(22) It is the intent of the legislature that this section will be reviewed before the 1999-2000 state fiscal year.
for program and planning to be paid for from university revenues 100"
for program and planning to be paid for from college revenues 100"
for program and planning to be paid for from university revenues 100"
and expansion and renovations to the Waterman Campus Center -
for program and planning to be paid for from college revenues 100"
TO MAKE A SIGN MORE VISIBLE 2".
ON OR AFTER OCTOBER 1,1999 5".
ATED WHILE UNDER THE INFLU-
ENCE OR IMPAIRED CAUSING DEATH 5".
ATED WHILE UNDER THE INFLU-
ENCE OR IMPAIRED CAUSING
SERIOUS IMPAIRMENT 2".
OFFENSE 5".
INFORMATION CONCERNING IGNI-
TION INTERLOCK 10".
TION INTERLOCK DOES NOT MEET
LEGAL REQUIREMENTS 10".
THIRD OFFENSE 5".
CAUSING DEATH 15".
CAUSING SERIOUS IMPAIRMENT 5".
OPERATED WITHOUT LICENSE
CAUSING SERIOUS IMPAIRMENT 2".
ATED WITHOUT LICENSE CAUSING
DEATH 5".
INFLUENCE OR IMPAIRED CAUS-
ING DEATH 15".
INFLUENCE OR IMPAIRED CAUS-
ING SERIOUS IMPAIRMENT 5".
LESSLY OR NEGLIGENTLY CAUS-
ING DEATH OR SERIOUS
IMPAIRMENT 2".
WITHOUT REGARD TO SAFETY
CAUSING SERIOUS IMPAIRMENT 2".
AGENT WITHOUT LICENSE OR
PROPER DOCUMENTS OR
NOTIFICATION 2".
WITH PRIOR CONVICTIONS 2".