No. 17
STATE OF MICHIGAN
JOURNAL
OF THE
House of Representatives
90th Legislature
REGULAR SESSION OF 2000
House Chamber, Lansing, Tuesday, February 29, 2000.
2:00 p.m.
The House was called to order by the Speaker Pro Tempore.
The roll was called by the Clerk of the House of Representatives, who announced that a quorum was present.
Allen--present
Baird--present
Basham--present
Birkholz--present
Bisbee--present
Bishop--present
Bogardus--present
Bovin--present
Bradstreet--present
Brater--present
Brewer--present
Brown, Bob--present
Brown, Cameron--present
Byl--present
Callahan--present
Cassis--present
Caul--present
Cherry--present
Clark--present
Clarke--present
Daniels--present
DeHart--present
Dennis--present
DeRossett--present
DeVuyst--present
DeWeese--present
Ehardt--present
Faunce--present
Frank--present
Garcia--present
Garza--present
Geiger--present
Gieleghem--present
Gilbert--present
Godchaux--present
Gosselin--present
Green--present
Hager--present
Hale--present
Hanley--present
Hansen--present
Hardman--present
Hart--present
Howell--present
Jacobs--present
Jamnick--present
Jansen--present
Jelinek--present
Jellema--present
Johnson, Rick--present
Johnson, Ruth--present
Julian--present
Kelly--present
Kilpatrick--present
Koetje--present
Kowall--present
Kuipers--present
Kukuk--present
LaForge--present
LaSata--present
Law--present
Lemmons--present
Lockwood--present
Mans--present
Martinez--present
Mead--present
Middaugh--present
Minore--present
Mortimer--present
Neumann--present
O'Neil--present
Pappageorge--present
Patterson--present
Perricone--present
Pestka--present
Price--present
Prusi--present
Pumford--present
Quarles--present
Raczkowski--present
Reeves--e/d/s
Richardville--present
Richner--present
Rison--present
Rivet--present
Rocca--present
Sanborn--present
Schauer--present
Schermesser--present
Scott--present
Scranton--present
Shackleton--present
Sheltrown--present
Shulman--present
Spade--present
Stallworth--present
Stamas--present
Switalski--present
Tabor--present
Tesanovich--present
Thomas--present
Toy--present
Vander Roest--present
Van Woerkom--present
Vaughn--present
Vear--present
Voorhees--present
Wojno--present
Woodward--present
Woronchak--present
e/d/s = entered during session
Rep. Douglas Bovin, from the 108th District, offered the following invocation:
"Dear Lord, please guide our deliberations so as to be meaningful and inclusive. If we are to be regarded as a wise and reflective legislature, please help us to display a correspondingly high level of cooperation. Education is one of our main points of interest--help us to receive an advanced degree in friendship so that we may better use our knowledge to understand each other's needs. As we gather today to address the issues that will affect the citizens of this state, we ask that You guide us to use wisdom and compassion, and to debate the issues so that the resolve will better the lives of those that we serve. Lord, we also thank You for this beautiful day. Amen."
Second Reading of Bills
House Bill No. 5389, entitled
A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending section 51c (MCL 206.51c), as added by 1999 PA 3; and to repeal acts and parts of acts.
The bill was read a second time.
Rep. Minore moved to amend the bill as follows:
1. Amend page 1, line 1, after "1," by striking out the balance of the line through "2002," on line 2 and inserting "2001,".
2. Amend page 1, line 5, after "of" by striking out "4.2%" and inserting "4.3%".
3. Amend page 1, line 6, by striking out all of enacting section 1 and inserting:
"Enacting section 1. Sections 51d and 51e of the income tax act of 1967, 1967 PA 281, MCL 206.51d and 206.51e, are repealed.
Enacting section 2. This amendatory act does not take effect unless all of the following bills of the 90th Legislature are enacted into law:
(a) House Bill No. 4153.
(b) House Bill No. 5294.
(c) House Bill No. 5295.".
The motion did not prevail and the amendments were not adopted, a majority of the members serving not voting therefor.
Rep. Howell moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed, a majority of the members voting therefor.
Rep. Raczkowski moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the House returned to the order of
Third Reading of Bills
House Bill No. 5389, entitled
A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending section 51c (MCL 206.51c), as added by 1999 PA 3; and to repeal acts and parts of acts.
The bill was read a third time.
The question being on the passage of the bill,
Rep. Kilpatrick moved to reconsider the vote by which the House placed the bill on the order of Third Reading of Bills.
The question being on the motion made by Rep. Kilpatrick,
Rep. Kilpatrick demanded the yeas and nays.
The demand was supported.
The question being on the motion made by Rep. Kilpatrick,
The motion did not prevail, a majority of the members present not voting therefor, by yeas and nays, as follows:
Roll Call No. 63 Yeas--51
Baird Dennis Lemmons Schauer
Basham Frank Lockwood Schermesser
Bogardus Garza Mans Scott
Bovin Gieleghem Martinez Sheltrown
Brater Hale Minore Spade
Brewer Hanley Neumann Stallworth
Brown, B. Hansen O'Neil Switalski
Callahan Hardman Pestka Tesanovich
Cherry Jacobs Price Thomas
Clark, I. Jamnick Prusi Vaughn
Clarke, H. Kelly Quarles Wojno
Daniels Kilpatrick Rison Woodward
DeHart LaForge Rivet
Nays--58
Allen Geiger Kowall Richner
Birkholz Gilbert Kuipers Rocca
Bisbee Godchaux Kukuk Sanborn
Bishop Gosselin LaSata Scranton
Bradstreet Green Law Shackleton
Brown, C. Hager Mead Shulman
Byl Hart Middaugh Stamas
Cassis Howell Mortimer Tabor
Caul Jansen Pappageorge Toy
DeRossett Jelinek Patterson Van Woerkom
DeVuyst Jellema Perricone Vander Roest
DeWeese Johnson, Rick Pumford Vear
Ehardt Johnson, Ruth Raczkowski Voorhees
Faunce Julian Richardville Woronchak
Garcia Koetje
In The Chair: Birkholz
The question being on the passage of the bill,
Rep. Kilpatrick moved that consideration of the bill be postponed temporarily.
The motion prevailed.
By unanimous consent the House returned to the order of
Reports of Standing Committees
The Speaker laid before the House
House Concurrent Resolution No. 80.
A concurrent resolution approving the conveyance of property to the State Building Authority and approving a lease between the State of Michigan and the State Building Authority relative to the Department of State Police Two-Way Radio System and Microwave Backbone System Phase III.
(For text of resolution, see House Journal No. 16, p. 240.)
(The concurrent resolution was reported by the Committee on Appropriations on February 24, consideration of which was postponed until today under the rules.)
The question being on the adoption of the concurrent resolution,
The Clerk made the following statement:
"Mr. Speaker and members of the House, the lease and exhibits attached to the resolution are available for review by the membership in the Clerk's office."
The question being on the adoption of the concurrent resolution,
The concurrent resolution was adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 64 Yeas--109
Allen Frank Kowall Rison
Baird Garcia Kuipers Rivet
Basham Garza Kukuk Rocca
Birkholz Geiger LaForge Sanborn
Bisbee Gieleghem LaSata Schauer
Bishop Gilbert Law Schermesser
Bogardus Godchaux Lemmons Scott
Bovin Gosselin Lockwood Scranton
Bradstreet Green Mans Shackleton
Brater Hager Martinez Sheltrown
Brewer Hale Mead Shulman
Brown, B. Hanley Middaugh Spade
Brown, C. Hansen Minore Stallworth
Byl Hardman Mortimer Stamas
Callahan Hart Neumann Switalski
Cassis Howell O'Neil Tabor
Caul Jacobs Pappageorge Tesanovich
Cherry Jamnick Patterson Thomas
Clark, I. Jansen Perricone Toy
Clarke, H. Jelinek Pestka Van Woerkom
Daniels Jellema Price Vander Roest
DeHart Johnson, Rick Prusi Vaughn
Dennis Johnson, Ruth Pumford Vear
DeRossett Julian Quarles Voorhees
DeVuyst Kelly Raczkowski Wojno
DeWeese Kilpatrick Richardville Woodward
Ehardt Koetje Richner Woronchak
Faunce
Nays--0
In The Chair: Birkholz
Third Reading of Bills
The House returned to the consideration of
House Bill No. 5389, entitled
A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending section 51c (MCL 206.51c), as added by 1999 PA 3; and to repeal acts and parts of acts.
(The bill was considered earlier today, see today's journal, p. 252.)
The question being on the passage of the bill,
Rep. Minore moved to amend the bill as follows:
1. Amend page 1, line 1, after "1," by striking out the balance of the line through "2002" on line 2 and inserting "2001".
2. Amend page 1, line 5, after "of" by striking out "4.2%" and inserting "4.3%".
3. Amend page 1, line 6, by striking out all of enacting section 1 and inserting:
"Enacting section 1. Sections 51d and 51e of the income tax act of 1967, 1967 PA 281, MCL 206.51d and 206.51e, are repealed.
Enacting section 2. This amendatory act does not take effect unless all of the following bills of the 90th Legislature are enacted into law:
(a) House Bill No. 4153.
(b) House Bill No. 5294.
(c) House Bill No. 5295.
(d) House Bill No. 5390.".
The question being on the seconding of the motion made by Rep. Minore,
Rep. Kilpatrick demanded the yeas and nays.
The demand was supported.
The question being on the seconding of the motion made by Rep. Minore,
The motion did not prevail, a majority of the members present not voting therefor, by yeas and nays, as follows:
Roll Call No. 65 Yeas--51
Baird Dennis Lemmons Schauer
Basham Frank Lockwood Schermesser
Bogardus Garza Mans Scott
Bovin Gieleghem Martinez Sheltrown
Brater Hale Minore Spade
Brewer Hanley Neumann Stallworth
Brown, B. Hansen O'Neil Switalski
Callahan Hardman Pestka Tesanovich
Cherry Jacobs Price Thomas
Clark, I. Jamnick Prusi Vaughn
Clarke, H. Kelly Quarles Wojno
Daniels Kilpatrick Rison Woodward
DeHart LaForge Rivet
Nays--57
Allen Geiger Koetje Richner
Birkholz Gilbert Kowall Rocca
Bisbee Godchaux Kuipers Sanborn
Bishop Gosselin Kukuk Scranton
Bradstreet Green LaSata Shackleton
Brown, C. Hager Law Shulman
Byl Hart Mead Stamas
Cassis Howell Middaugh Tabor
Caul Jansen Pappageorge Toy
DeRossett Jelinek Patterson Van Woerkom
DeVuyst Jellema Perricone Vander Roest
DeWeese Johnson, Rick Pumford Vear
Ehardt Johnson, Ruth Raczkowski Voorhees
Faunce Julian Richardville Woronchak
Garcia
In The Chair: Birkholz
The question being on the passage of the bill,
After debate,
Rep. Kuipers demanded the previous question.
The demand was supported.
The question being, "Shall the main question now be put?"
The previous question was ordered.
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. 66 Yeas--70
Allen Garcia Kukuk Rocca
Birkholz Geiger LaSata Sanborn
Bisbee Gilbert Law Schermesser
Bishop Godchaux Mans Scranton
Bradstreet Gosselin Mead Shackleton
Brown, B. Green Middaugh Sheltrown
Brown, C. Hager Mortimer Shulman
Byl Hart Neumann Spade
Callahan Howell O'Neil Stamas
Cassis Jansen Pappageorge Tabor
Caul Jelinek Patterson Toy
DeHart Jellema Perricone Van Woerkom
DeRossett Johnson, Rick Pestka Vander Roest
DeVuyst Johnson, Ruth Pumford Vear
DeWeese Julian Raczkowski Voorhees
Ehardt Koetje Richardville Wojno
Faunce Kowall Richner Woronchak
Frank Kuipers
Nays--39
Baird Dennis Kilpatrick Rivet
Basham Garza LaForge Schauer
Bogardus Gieleghem Lemmons Scott
Bovin Hale Lockwood Stallworth
Brater Hanley Martinez Switalski
Brewer Hansen Minore Tesanovich
Cherry Hardman Price Thomas
Clark, I. Jacobs Prusi Vaughn
Clarke, H. Jamnick Quarles Woodward
Daniels Kelly Rison
In The Chair: Birkholz
The House agreed to the title of the bill.
Rep. Raczkowski moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Reps. Allen, Rick Johnson, Ruth Johnson, LaSata, Mead and Sanborn were named co-sponsors of the bill.
______
Rep. Schauer, 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 am writing in explanation of my no vote on HB 5389, a bill to speed up by one year a reduction in Michigan's income tax rate to 4.2 percent, effective January 1, 2000. In 1999, I previously supported a cut in Michigan's income tax rate from 4.4 percent to 3.9 percent over five years.
House Bill 5389 will reduce state revenues by $185 million over the 1999-2000 and 2000-01 fiscal years. At a time when Michigan faces a $400 million 'health care deficit' and owes our public schools $425 million in special education funds, it is fiscally irresponsible to expedite an already decreasing income tax rate at this time. To compound the fact that the Michigan Legislature and its Governor are not meeting their obligation, the administration recommends issuing another $1 billion in bonds for road repairs and increasing our state's debt in this time of plenty.
Michigan must pay its bills and fulfill its obligations first. I cannot support HB 5389 when Battle Creek's Family Health Center faces elimination of its obstetrical services, when Albion's Trillium Hospital has closed its OB unit, Battle Creek Health System faces $3.3 million in unpaid bills under the state's Medicaid managed care program, and Michigan health care providers are reimbursed at the 41st lowest rate in the nation--only 30 cents on the dollar for services provided--all because Michigan is not paying its health care bills."
Rep. Minore having reserved the right to explain his protest against the passage of the bill, made the following statement:
"Mr. Speaker and members of the House:
I voted no on HB 5389 (Roll Call #66) because of the gross inequity in taxrelief. Democratic alternatives would put Fairness First!
Under HB 5389, a minimum wage earner would see relief of about 2 cents per day--or $7.00 per year;
Under HB 5389, a middle income worker--people whose income is comparable to our salary as legislators--would see relief of 30 cents or so per day;
Under HB 5389, it is estimated that 90% of all tax relief would go to fewer than 5% of the people in this state.
Proponents of HB 5389 brag about an 'equal cut' because of the 'across the board' rate cut. The TaxRelief, however is grossly uneven and unfair! Democratic alternatives would put tax fairness first!
In addition, as school buildings across the state crumble, and hospitals close or cut back because of failure of the state to provide needed services; it is unconscionable to give tax relief to the wealthy while not meeting our basic services and meeting our needs in education and health care!"
Reps. Lemmons, Basham, Bogardus, Clarke, Hardman, Scott, Thomas, Jacobs, Jamnick and Rivet, having reserved the right to explain their protest against the passage of the bill, made the following statement:
"Mr. Speaker and members of the House:
I voted no on House Bill 5389 because we should be using our state's surplus to support Michigan's citizens and families achieve their goals. The passage of House Bill 5389 represents a failure of the Administration and Majority Party to address the major issues facing our State.
The best way to help our citizens is to make an investment in the basic needs which everyone relies on, such as health care and education. During these good economic times, our state surplus would be best used to invest in keeping health care affordable, improving our children's chances of success and giving all our citizens, especially our senior citizens, the safety and security they deserve.
House Bill 5389 will return little to the working people of Michigan, about $2 per week. At a time when our school buildings across the state are crumbling, and hospitals are closing and cutting back because of failure of the state to live up to its responsibilities to provide needed services, it is vitally important that we take this opportunity during good economic times to live up to our responsibilities, invest in our future and ensure that these basic services are maintained.
There is no leadership in the Administration and in the Majority Party. The major issues of the State must be addressed, not hidden behind token fiscal policy benefiting the wealthiest of our State. The people of our State are demanding this leadership. The passage of this legislation represents a failure of the State's responsibility to them.
For these reasons, I voted no on House Bill 5389."
Rep. Hale, 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 House Bill 5389 because: we as a legislative body should deal with paying off the 3.9 billion dollar debt we currently have in Michigan.
In my view, we are being fiscally irresponsible with the passage of this bill. If we are going to spend taxpayer's money from the budget surplus, we should at least improve access to health care, stop hospital closures, enhance the medicaid programs, repair the infrastructure of our Public Schools and provide a better financing program for the roads in our state. Until then, we are only playing amateur politics."
Rep. Woodward, 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 House Bill 5389 because we should be using our state's surplus to support Michigan's citizens and families achieve their goals by investing into our future.
The best way to maintain the prosperity of our state is to invest in health care and education. During these economic times, our state surplus would be best used to insure access to quality health care, make prescription drugs affordable, and improve the quality of education for all the children of Michigan.
House Bill 5389 returns very little to the working people of my district, and instead gives the majority of the $180 million tax cut to the very rich of our state. At a time when school buildings in Royal Oak, Madison Heights, and Hazel Park are crumbling, hospitals are closing, our roads need repair, and the cost of living continues to raise faster than the wage increases, this bill is irresponsible. For these reasons, I voted no on House Bill 5389."
Rep. Dennis, having reserved the right to explain her protest against the passage of the bill, made the following statement:
"Mr. Speaker and members of the House:
I voted no on HB 5389 because we should be using our state's surplus to invest in Michigan's citizens and families. The best way to help our Michigan citizenry is to invest in health care and education. During good economic times, we should be using the surplus to first make sure that health care is accessible and affordable. Our children's education should be on the front burner making each child's experience one of quality.
Also, HB 5389 will return little to the working people of Michigan, about $2 per week and will place at least 90% of the tax cut into the hands of only 5% of the state's population. This isn't tax relief, this still just furthers the divide between the haves and the have nots."
Second Reading of Bills
House Bill No. 5391, entitled
A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending section 30 (MCL 206.30), as amended by 1999 PA 181.
Was read a second time, and the question being on the adoption of the proposed amendments previously recommended by the Committee on Tax Policy (for amendments, see House Journal No. 16, p. 244),
The amendments were adopted, a majority of the members serving voting therefor.
Rep. Quarles moved to amend the bill as follows:
1. Amend page 9, following line 17, by inserting:
"(W) FOR TAX YEARS THAT BEGIN AFTER DECEMBER 31, 1999, DEDUCT, TO THE EXTENT INCLUDED IN DETERMINING ADJUSTED GROSS INCOME, UNEMPLOYMENT COMPENSATION RECEIVED IN THE TAX YEAR.".
2. Amend page 10, line 7, by striking out all of line 7 through the balance of the subsection and inserting "OF $900.00 for a tax year beginning after 1989 shall be subtracted in the calculation that determines taxable income in each of the following circumstances:
(a) The taxpayer is a paraplegic, a quadriplegic, a hemiplegic, a person who is blind as defined in section 504, or a person who is totally and permanently disabled as defined in section 522.
(b) The taxpayer is a deaf person as defined in section 2 of the deaf person's interpreters act, 1982 PA 204, MCL393.502.
(c) The taxpayer is 65 years of age or older.".
The question being on the adoption of the amendments offered by Rep. Quarles,
Rep. Quarles demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendments offered by Rep. Quarles,
The amendments were not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 67 Yeas--51
Baird Dennis Lemmons Schauer
Basham Frank Lockwood Schermesser
Bogardus Garza Mans Scott
Bovin Gieleghem Martinez Sheltrown
Brater Hale Minore Spade
Brewer Hanley Neumann Stallworth
Brown, B. Hansen O'Neil Switalski
Callahan Hardman Pestka Tesanovich
Cherry Jacobs Price Thomas
Clark, I. Jamnick Prusi Vaughn
Clarke, H. Kelly Quarles Wojno
Daniels Kilpatrick Rison Woodward
DeHart LaForge Rivet
Nays--58
Allen Geiger Kowall Richner
Birkholz Gilbert Kuipers Rocca
Bisbee Godchaux Kukuk Sanborn
Bishop Gosselin LaSata Scranton
Bradstreet Green Law Shackleton
Brown, C. Hager Mead Shulman
Byl Hart Middaugh Stamas
Cassis Howell Mortimer Tabor
Caul Jansen Pappageorge Toy
DeRossett Jelinek Patterson Van Woerkom
DeVuyst Jellema Perricone Vander Roest
DeWeese Johnson, Rick Pumford Vear
Ehardt Johnson, Ruth Raczkowski Voorhees
Faunce Julian Richardville Woronchak
Garcia Koetje
In The Chair: Birkholz
______
Reps. Cassis, Mead, Bishop, Vander Roest, Shulman, Mortimer, Van Woerkom, Faunce, Hart, Richardville, Hager, Voorhees, DeRossett, Howell, Gilbert, Shackleton, Julian, Bisbee, Woronchak, Kuipers, Cameron Brown, Raczkowski, Middaugh, Scranton, Caul and Birkholz, having reserved the right to explain their nay vote, made the following statement:
"Mr. Speaker and members of the House:
I voted against this amendment to House Bill 5391 because it eliminates the bill's tax cut for senior citizens and people with disabilities. Seniors living on fixed incomes and people with disabilities need tax incentives to help improve their overall quality of life."
Rep. Kilpatrick moved that consideration of the bill be postponed temporarily.
The motion prevailed.
______
Rep. Reeves entered the House Chambers.
By unanimous consent the House returned to the order of
Reports of Standing Committees
The Speaker laid before the House
House Concurrent Resolution No. 81.
A concurrent resolution approving the conveyance of property to the State Building Authority and approving a lease among the State of Michigan, the State Building Authority, and Oakland University relative to the Oakland University Classroom/Business School Building.
(For text of resolution, see House Journal No. 16, p. 240.)
(The concurrent resolution was reported by the Committee on Appropriations on February 24, consideration of which was postponed until today under the rules.)
The question being on the adoption of the concurrent resolution,
The Clerk made the following statement:
"Mr. Speaker and members of the House, the lease and exhibits attached to the resolution are available for review by the membership in the Clerk's office."
The question being on the adoption of the concurrent resolution,
The concurrent resolution was adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 68 Yeas--109
Allen Frank Kuipers Rison
Baird Garcia Kukuk Rivet
Basham Garza LaForge Rocca
Birkholz Geiger LaSata Sanborn
Bisbee Gieleghem Law Schauer
Bishop Gilbert Lemmons Schermesser
Bogardus Gosselin Lockwood Scott
Bovin Green Mans Scranton
Bradstreet Hager Martinez Shackleton
Brater Hale Mead Sheltrown
Brewer Hanley Middaugh Shulman
Brown, B. Hansen Minore Spade
Brown, C. Hardman Mortimer Stallworth
Byl Hart Neumann Stamas
Callahan Howell O'Neil Switalski
Cassis Jacobs Pappageorge Tabor
Caul Jamnick Patterson Tesanovich
Cherry Jansen Perricone Thomas
Clark, I. Jelinek Pestka Toy
Clarke, H. Jellema Price Van Woerkom
Daniels Johnson, Rick Prusi Vander Roest
DeHart Johnson, Ruth Pumford Vaughn
Dennis Julian Quarles Vear
DeRossett Kelly Raczkowski Voorhees
DeVuyst Kilpatrick Reeves Wojno
DeWeese Koetje Richardville Woodward
Ehardt Kowall Richner Woronchak
Faunce
Nays--0
In The Chair: Birkholz
Second Reading of Bills
The House returned to the consideration of
House Bill No. 5391, entitled
A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending section 30 (MCL 206.30), as amended by 1999 PA 181.
(The bill was considered earlier today, see today's journal, p. 258.)
Rep. Bob Brown moved to amend the bill as follows:
1. Amend page 11, line 5, after "MCL 393.502;" by inserting "A VETERAN,".
The question being on the adoption of the amendment offered by Rep. Bob Brown,
Rep. Bob Brown demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Bob Brown,
The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 69 Yeas--51
Baird Dennis Lemmons Schauer
Basham Frank Lockwood Schermesser
Bogardus Garza Mans Scott
Bovin Gieleghem Minore Sheltrown
Brater Hale Neumann Spade
Brewer Hanley O'Neil Stallworth
Brown, B. Hansen Pestka Switalski
Callahan Hardman Price Tesanovich
Cherry Jacobs Prusi Thomas
Clark, I. Jamnick Quarles Vaughn
Clarke, H. Kelly Reeves Wojno
Daniels Kilpatrick Rison Woodward
DeHart LaForge Rivet
Nays--58
Allen Geiger Kowall Richner
Birkholz Gilbert Kuipers Rocca
Bisbee Godchaux Kukuk Sanborn
Bishop Gosselin LaSata Scranton
Bradstreet Green Law Shackleton
Brown, C. Hager Mead Shulman
Byl Hart Middaugh Stamas
Cassis Howell Mortimer Tabor
Caul Jansen Pappageorge Toy
DeRossett Jelinek Patterson Van Woerkom
DeVuyst Jellema Perricone Vander Roest
DeWeese Johnson, Rick Pumford Vear
Ehardt Johnson, Ruth Raczkowski Voorhees
Faunce Julian Richardville Woronchak
Garcia Koetje
In The Chair: Birkholz
Rep. Woronchak moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed, a majority of the members voting therefor.
Rep. Raczkowski moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the House returned to the order of
Third Reading of Bills
House Bill No. 5391, entitled
A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending section 30 (MCL 206.30), as amended by 1999 PA 181.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 70 Yeas--110
Allen Frank Kuipers Rison
Baird Garcia Kukuk Rivet
Basham Garza LaForge Rocca
Birkholz Geiger LaSata Sanborn
Bisbee Gieleghem Law Schauer
Bishop Gilbert Lemmons Schermesser
Bogardus Godchaux Lockwood Scott
Bovin Gosselin Mans Scranton
Bradstreet Green Martinez Shackleton
Brater Hager Mead Sheltrown
Brewer Hale Middaugh Shulman
Brown, B. Hanley Minore Spade
Brown, C. Hansen Mortimer Stallworth
Byl Hardman Neumann Stamas
Callahan Hart O'Neil Switalski
Cassis Howell Pappageorge Tabor
Caul Jacobs Patterson Tesanovich
Cherry Jamnick Perricone Thomas
Clark, I. Jansen Pestka Toy
Clarke, H. Jelinek Price Van Woerkom
Daniels Jellema Prusi Vander Roest
DeHart Johnson, Rick Pumford Vaughn
Dennis Johnson, Ruth Quarles Vear
DeRossett Julian Raczkowski Voorhees
DeVuyst Kelly Reeves Wojno
DeWeese Kilpatrick Richardville Woodward
Ehardt Koetje Richner Woronchak
Faunce Kowall
Nays--0
In The Chair: Birkholz
The House agreed to the title of the bill.
Rep. Raczkowski moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Reps. Basham, Bishop, Bovin, Bob Brown, Clarke, DeHart, DeRossett, DeWeese, Frank, Garcia, Garza, Gieleghem, Gosselin, Green, Hansen, Hardman, Hart, Jacobs, Jamnick, Jansen, Jelinek, Jellema, Rick Johnson, Ruth Johnson, Kelly, Koetje, LaSata, Law, Lemmons, Lockwood, Mans, Mead, Minore, Mortimer, Neumann, O'Neil, Pappageorge, Patterson, Pestka, Prusi, Pumford, Raczkowski, Reeves, Richner, Rocca, Schauer, Schermesser, Scott, Sheltrown, Shulman, Spade, Tabor, Tesanovich, Toy, Vaughn, Vear, Wojno and Woodward were named co-sponsors of the bill.
Second Reading of Bills
House Bill No. 5390, entitled
A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending section 30d (MCL 206.30d), as added by 1997 PA 81.
The bill was read a second time.
Rep. Shackleton moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed, a majority of the members voting therefor.
Rep. Raczkowski moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the House returned to the order of
Third Reading of Bills
House Bill No. 5390, entitled
A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending section 30d (MCL 206.30d), as added by 1997 PA 81.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 71 Yeas--110
Allen Frank Kuipers Rison
Baird Garcia Kukuk Rivet
Basham Garza LaForge Rocca
Birkholz Geiger LaSata Sanborn
Bisbee Gieleghem Law Schauer
Bishop Gilbert Lemmons Schermesser
Bogardus Godchaux Lockwood Scott
Bovin Gosselin Mans Scranton
Bradstreet Green Martinez Shackleton
Brater Hager Mead Sheltrown
Brewer Hale Middaugh Shulman
Brown, B. Hanley Minore Spade
Brown, C. Hansen Mortimer Stallworth
Byl Hardman Neumann Stamas
Callahan Hart O'Neil Switalski
Cassis Howell Pappageorge Tabor
Caul Jacobs Patterson Tesanovich
Cherry Jamnick Perricone Thomas
Clark, I. Jansen Pestka Toy
Clarke, H. Jelinek Price Van Woerkom
Daniels Jellema Prusi Vander Roest
DeHart Johnson, Rick Pumford Vaughn
Dennis Johnson, Ruth Quarles Vear
DeRossett Julian Raczkowski Voorhees
DeVuyst Kelly Reeves Wojno
DeWeese Kilpatrick Richardville Woodward
Ehardt Koetje Richner Woronchak
Faunce Kowall
Nays--0
In The Chair: Birkholz
The House agreed to the title of the bill.
Rep. Raczkowski moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Reps. Birkholz, Brewer, Bob Brown, Callahan, Caul, Cherry, Clark, Daniels, DeHart, DeVuyst, Garza, Gieleghem, Gosselin, Hansen, Hardman, Jacobs, Jamnick, Jansen, Jelinek, Jellema, Ruth Johnson, Kelly, Koetje, Kukuk, Law, Lemmons, Mans, Mead, Neumann, Patterson, Pestka, Prusi, Pumford, Raczkowski, Richner, Rocca, Sanborn, Schermesser, Scott, Sheltrown, Spade, Thomas, Toy, Vander Roest, Vaughn, Voorhees, Wojno and Woodward were named co-sponsors of the bill.
Second Reading of Bills
House Bill No. 5392, entitled
A bill to amend 1967 PA 281, entitled "Income tax act of 1967," (MCL 206.1 to 206.532) by adding section 30e.
The bill was read a second time.
Rep. Bisbee moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed, a majority of the members voting therefor.
Rep. Raczkowski moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the House returned to the order of
Third Reading of Bills
House Bill No. 5392, entitled
A bill to amend 1967 PA 281, entitled "Income tax act of 1967," (MCL 206.1 to 206.532) by adding section 30e.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 72 Yeas--110
Allen Frank Kuipers Rison
Baird Garcia Kukuk Rivet
Basham Garza LaForge Rocca
Birkholz Geiger LaSata Sanborn
Bisbee Gieleghem Law Schauer
Bishop Gilbert Lemmons Schermesser
Bogardus Godchaux Lockwood Scott
Bovin Gosselin Mans Scranton
Bradstreet Green Martinez Shackleton
Brater Hager Mead Sheltrown
Brewer Hale Middaugh Shulman
Brown, B. Hanley Minore Spade
Brown, C. Hansen Mortimer Stallworth
Byl Hardman Neumann Stamas
Callahan Hart O'Neil Switalski
Cassis Howell Pappageorge Tabor
Caul Jacobs Patterson Tesanovich
Cherry Jamnick Perricone Thomas
Clark, I. Jansen Pestka Toy
Clarke, H. Jelinek Price Van Woerkom
Daniels Jellema Prusi Vander Roest
DeHart Johnson, Rick Pumford Vaughn
Dennis Johnson, Ruth Quarles Vear
DeRossett Julian Raczkowski Voorhees
DeVuyst Kelly Reeves Wojno
DeWeese Kilpatrick Richardville Woodward
Ehardt Koetje Richner Woronchak
Faunce Kowall
Nays--0
In The Chair: Birkholz
The House agreed to the title of the bill.
Rep. Raczkowski moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Reps. Allen, Basham, Birkholz, Bovin, Cameron Brown, Callahan, Caul, DeHart, DeRossett, DeVuyst, DeWeese, Ehardt, Gieleghem, Gosselin, Hansen, Howell, Jacobs, Jamnick, Jansen, Jelinek, Jellema, Rick Johnson, Kelly, Kuipers, Kukuk, LaSata, Law, Mans, Mead, Neumann, Pappageorge, Patterson, Pumford, Raczkowski, Richner, Rocca, Schauer, Schermesser, Scranton, Sheltrown, Shulman, Spade, Stamas, Tabor, Toy, Vaughn and Wojno were named co-sponsors of the bill.
Second Reading of Bills
House Bill No. 5393, entitled
A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending section 522 (MCL 206.522), as amended by 1996 PA 484.
The bill was read a second time.
Rep. Neumann moved to amend the bill as follows:
1. Amend page 5, following line 8, by inserting:
"Enacting section 1. This amendatory act does not take effect unless House Bill No. 4448 of the 90th Legislature is enacted into law.".
The question being on the adoption of the amendment offered by Rep. Neumann,
Rep. Neumann demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Neumann,
The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 73 Yeas--51
Baird Frank Lockwood Schauer
Basham Garza Mans Schermesser
Bogardus Gieleghem Martinez Scott
Bovin Hale Minore Sheltrown
Brater Hanley Neumann Spade
Brewer Hansen O'Neil Stallworth
Brown, B. Hardman Pestka Switalski
Cherry Jacobs Price Tesanovich
Clark, I. Jamnick Prusi Thomas
Clarke, H. Kelly Quarles Vaughn
Daniels Kilpatrick Reeves Wojno
DeHart LaForge Rison Woodward
Dennis Lemmons Rivet
Nays--58
Allen Geiger Kowall Richner
Birkholz Gilbert Kuipers Rocca
Bisbee Godchaux Kukuk Sanborn
Bishop Gosselin LaSata Scranton
Bradstreet Green Law Shackleton
Brown, C. Hager Mead Shulman
Byl Hart Middaugh Stamas
Cassis Howell Mortimer Tabor
Caul Jansen Pappageorge Toy
DeRossett Jelinek Patterson Van Woerkom
DeVuyst Jellema Perricone Vander Roest
DeWeese Johnson, Rick Pumford Vear
Ehardt Johnson, Ruth Raczkowski Voorhees
Faunce Julian Richardville Woronchak
Garcia Koetje
In The Chair: Birkholz
Reps. Shackleton, Howell, Julian, Van Woerkom, Faunce, Richardville, Kowall, DeRossett, Hager and Woronchak, having reserved the right to explain their nay vote, made the following statement:
"Mr. Speaker and members of the House:
This amendment would tie-bar the bill to unrelated legislation. While I support the concept and intent of that bill, it needs to go through the committee process and be considered on its own merit. This tie-bar could slow down needed tax relief for the families of Michigan."
Rep. Neumann moved to amend the bill as follows:
1. Amend page 5, following line 8, by inserting:
"Enacting section 1. This amendatory act does not take effect unless House Bill No. 4353 of the 90th Legislature is enacted into law.".
The question being on the adoption of the amendment offered by Rep. Neumann,
Rep. Neumann demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Neumann,
The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 74 Yeas--49
Baird Dennis Lemmons Rivet
Basham Frank Lockwood Schauer
Bogardus Garza Mans Schermesser
Bovin Gieleghem Minore Sheltrown
Brater Hale Neumann Spade
Brewer Hanley O'Neil Stallworth
Brown, B. Hansen Pestka Switalski
Callahan Hardman Price Tesanovich
Cherry Jacobs Prusi Thomas
Clark, I. Jamnick Quarles Vaughn
Clarke, H. Kelly Reeves Wojno
Daniels LaForge Rison Woodward
DeHart
Nays--56
Allen Geiger Kowall Richner
Birkholz Gilbert Kuipers Rocca
Bisbee Gosselin Kukuk Sanborn
Bishop Green LaSata Scranton
Brown, C. Hager Law Shackleton
Byl Hart Mead Shulman
Cassis Howell Middaugh Stamas
Caul Jansen Mortimer Tabor
DeRossett Jelinek Pappageorge Toy
DeVuyst Jellema Patterson Van Woerkom
DeWeese Johnson, Rick Perricone Vander Roest
Ehardt Johnson, Ruth Pumford Vear
Faunce Julian Raczkowski Voorhees
Garcia Koetje Richardville Woronchak
In The Chair: Birkholz
Rep. Spade moved to amend the bill as follows:
1. Amend page 1, following "THE PEOPLE OF THE STATE OF MICHIGAN ENACT:" by inserting:
"Sec. 520. (1) Subject to the limitations and the definitions in this chapter, a claimant may claim against the tax due under this act for the tax year a credit for the property taxes on the taxpayer's homestead deductible for federal income tax purposes pursuant to section 164 of the internal revenue code, or that would have been deductible if the claimant had not elected the zero bracket amount or if the claimant had been subject to the federal income tax. The property taxes used for the credit computation shall not be greater than the amount levied for 1 tax year.
(2) A person who rents or leases a homestead may claim a similar credit computed under this section and section 522 based upon 17% of the gross rent paid for tax years before the 1994 tax year, or 20% of the gross rent paid for tax years after the 1993 tax year. A person who rents or leases a homestead subject to a service charge in lieu of ad valorem taxes as provided by section 15a of the state housing development authority act of 1966, Act No. 346 of the Public Acts of 1966, being section 125.1415a of the Michigan Compiled Laws 1966 PA 346, MCL 125.1415A, may claim a similar credit computed under this section and section 522 based upon 10% of the gross rent paid.
(3) If the credit claimed under this section and section 522 exceeds the tax liability for the tax year or if there is no tax liability for the tax year, the amount of the claim not used as an offset against the tax liability shall, after examination and review, be approved for payment, without interest, to the claimant. In determining the amount of the payment under this subsection, withholdings and other credits shall be used first to offset any tax liabilities.
(4) If the homestead is an integral part of a multipurpose or multidwelling building that is federally aided housing or state aided housing, a claimant who is a senior citizen entitled to a payment under subsection (2) may assign the right to that payment to a mortgagor if the mortgagor reduces the rent charged and collected on the claimant's homestead in an amount equal to the tax credit payment provided in this chapter. The assignment of the claim is valid only if the Michigan state housing development authority, by affidavit, verifies that the claimant's rent has been so reduced.
(5) Only the renter or lessee shall claim a credit on property that is rented or leased as a homestead.
(6) A person who discriminates in the charging or collection of rent on a homestead by increasing the rent charged or collected because the renter or lessee claims and receives a credit or payment under this chapter is guilty of a misdemeanor. Discrimination against a renter who claims and receives the credit under this section and section 522 by a reduction of the rent on the homestead of a person who does not claim and receive the credit is a misdemeanor. If discriminatory rents are charged or collected, each charge or collection of the higher or lower payment is a separate offense. Each acceptance of a payment of rent is a separate offense.
(7) A person who received aid to families with dependent children, state family INDEPENDENCE assistance, or state disability assistance, OR OTHER ASSISTANCE THROUGH FAMILY INDEPENDENCE PROGRAMS pursuant to the social welfare act, Act No. 280 of the Public Acts of 1939, as amended, being sections 400.1 to 400.119b of the Michigan Compiled Laws 1939 PA 280, MCL 400.1 TO 400.119B, in the tax year for which the person is filing a return shall have a credit that is authorized and computed under this section and section 522 reduced by an amount equal to the product of the claimant's credit multiplied by the quotient of the sum of the claimant's aid to families with dependent children, state family INDEPENDENCE assistance, and state disability assistance, OR OTHER ASSISTANCE THROUGH FAMILY INDEPENDENCE PROGRAMS PURSUANT TO THE SOCIAL WELFARE ACT, 1939 PA 280, MCL 400.1 TO 400.119B, for the tax year divided by the claimant's household income. The reduction of credit shall not exceed the sum of the aid to families with dependent children, state family INDEPENDENCE assistance, and state disability assistance, AND OTHER ASSISTANCE THROUGH FAMILY INDEPENDENCE PROGRAMS PURSUANT TO THE SOCIAL WELFARE ACT, 1939 PA 280, MCL 400.1 TO 400.119B, for the tax year. For the purposes of this subsection, aid to families with dependent children ANY ASSISTANCE THROUGH FAMILY INDEPENDENCE PROGRAMS does not include child support payments that offset or reduce payments made to the claimant.
(8) A credit under subsection (1) or (2) shall be reduced by 10% for each claimant whose household income exceeds $73,650.00 and by an additional 10% for each increment of $1,000.00 of household income in excess of $73,650.00.
(9) If the credit authorized and calculated under this section and section 522 and adjusted under subsection (7) or (8) does not provide to a senior citizen who rents or leases a homestead that amount attributable to rent that constitutes more than 40% of the household income of the senior citizen, the senior citizen may claim a credit based upon the amount of household income attributable to rent as provided by this section.
(10) A senior citizen whose gross rent paid for the tax year is more than the percentage of household income specified in subsection (9) for the respective tax year may claim a credit for the amount of rent paid that constitutes more than the percentage of the household income of the senior citizen specified in subsection (9) and that was not provided to the senior citizen by the credit computed pursuant to this section and section 522 and adjusted pursuant to subsection (7) or (8).
(11) The department may promulgate rules to implement subsections (9) to (16) (14) and may prescribe a table to allow a claimant to determine the credit provided under this section and section 522 in the instruction booklet that accompanies the respective income tax or property tax credit forms used by claimants.
(12) A senior citizen may claim the credit under subsections (9) to (16) (14) on the same form as the property tax credit permitted by subsection (2). The department shall adjust the forms accordingly.
(13) A senior citizen who moves to a different rented or leased homestead shall determine, for 2 tax years after the move, both his or her qualification to claim a credit under subsections (9) to (16) (14) and the amount of a credit under subsections (9) to (16) (14) on the basis of the annualized final monthly rental payment at his or her previous homestead, if this annualized rental is less than the senior citizen's actual annual rental payments.
(14) For a return of less than 12 months, the claim for a credit under subsections (9) to (16) (14) shall be reduced proportionately.
(15) The Michigan state housing development authority shall report on the effect of the credit provided by subsections (9) to (16) (14) on the price of rented and leased homesteads. If the authority determines that the price of rented and leased homesteads has increased as a result of the credit provided by subsections (9) to (16) (14), the authority shall make recommendations to the legislature to remedy this situation. The report shall be made to the chairpersons of the house and senate committees that have primary responsibility for taxation legislation 2 years after the credit provided by subsections (9) to (16) (14) is in effect.
(16) The total credit allowed by this section and section 522 shall not exceed $1,200.00 per year FOR TAX YEARS BEFORE THE 2000 TAX YEAR. FOR THE 2000 TAX YEAR AND EACH TAX YEAR AFTER THE 2000 TAX YEAR, THE MAXIMUM CREDIT ALLOWED BY THIS SUBSECTION SHALL BE ADJUSTED TO REFLECT THE ANNUAL AVERAGE PERCENTAGE INCREASE IN THE CONSUMER PRICE INDEX IN THE IMMEDIATELY PRECEDING TAX YEAR. AS USED IN THIS SUBSECTION, "CONSUMER PRICE INDEX" MEANS THE UNITED STATES CONSUMER PRICE INDEX FOR ALL URBAN CONSUMERS AS DEFINED AND REPORTED BY THE UNITED STATES DEPARTMENT OF LABOR, BUREAU OF LABOR STATISTICS.".
The question being on the adoption of the amendment offered by Rep. Spade,
Rep. Spade demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Spade,
The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 75 Yeas--54
Baird Frank Lockwood Schauer
Basham Garza Mans Schermesser
Bogardus Gieleghem Martinez Scott
Bovin Hager Minore Sheltrown
Brater Hale Neumann Spade
Brewer Hanley O'Neil Stallworth
Brown, B. Hansen Pestka Switalski
Callahan Hardman Price Tesanovich
Cherry Jacobs Prusi Thomas
Clark, I. Jamnick Quarles Vander Roest
Clarke, H. Kelly Reeves Vaughn
Daniels Kilpatrick Rison Wojno
DeHart LaForge Rivet Woodward
Dennis Lemmons
Nays--56
Allen Garcia Koetje Richardville
Birkholz Geiger Kowall Richner
Bisbee Gilbert Kuipers Rocca
Bishop Godchaux Kukuk Sanborn
Bradstreet Gosselin LaSata Scranton
Brown, C. Green Law Shackleton
Byl Hart Mead Shulman
Cassis Howell Middaugh Stamas
Caul Jansen Mortimer Tabor
DeRossett Jelinek Pappageorge Toy
DeVuyst Jellema Patterson Van Woerkom
DeWeese Johnson, Rick Perricone Vear
Ehardt Johnson, Ruth Pumford Voorhees
Faunce Julian Raczkowski Woronchak
In The Chair: Birkholz
Rep. Gilbert moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed, a majority of the members voting therefor.
Rep. Raczkowski moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the House returned to the order of
Third Reading of Bills
House Bill No. 5393, entitled
A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending section 522 (MCL 206.522), as amended by 1996 PA 484.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 76 Yeas--109
Allen Garcia Kuipers Rison
Baird Garza Kukuk Rivet
Basham Geiger LaForge Rocca
Birkholz Gieleghem LaSata Sanborn
Bisbee Gilbert Law Schauer
Bishop Godchaux Lemmons Schermesser
Bogardus Gosselin Lockwood Scott
Bovin Green Mans Scranton
Bradstreet Hager Martinez Shackleton
Brater Hale Mead Sheltrown
Brewer Hanley Middaugh Shulman
Brown, B. Hansen Minore Spade
Brown, C. Hardman Mortimer Stallworth
Byl Hart Neumann Stamas
Callahan Howell O'Neil Switalski
Cassis Jacobs Pappageorge Tabor
Caul Jamnick Patterson Tesanovich
Cherry Jansen Perricone Thomas
Clark, I. Jelinek Pestka Toy
Clarke, H. Jellema Price Van Woerkom
DeHart Johnson, Rick Prusi Vander Roest
Dennis Johnson, Ruth Pumford Vaughn
DeRossett Julian Quarles Vear
DeVuyst Kelly Raczkowski Voorhees
DeWeese Kilpatrick Reeves Wojno
Ehardt Koetje Richardville Woodward
Faunce Kowall Richner Woronchak
Frank
Nays--0
In The Chair: Birkholz
The House agreed to the title of the bill.
Rep. Raczkowski moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Reps. Allen, Basham, Birkholz, Bishop, Bovin, DeHart, DeVuyst, Ehardt, Gosselin, Hansen, Hart, Jamnick, Jansen, Jelinek, Jellema, Rick Johnson, Ruth Johnson, Kelly, Koetje, Kuipers, Kukuk, LaSata, Lemmons, Mans, Martinez, Mead, Middaugh, Mortimer, Pappageorge, Patterson, Pestka, Prusi, Pumford, Richner, Rivet, Rocca, Sanborn, Schauer, Schermesser, Scott, Scranton, Sheltrown, Shulman, Spade, Stamas, Tabor, Tesanovich, Vaughn, Vear and Voorhees were named co-sponsors of the bill.
Second Reading of Bills
House Bill No. 4032, entitled
A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending section 522 (MCL 206.522), as amended by 1996 PA 484.
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. Sanborn moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed, a majority of the members voting therefor.
Rep. Raczkowski moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the House returned to the order of
Third Reading of Bills
House Bill No. 4032, entitled
A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending section 522 (MCL 206.522), as amended by 1996 PA 484.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 77 Yeas--109
Allen Frank Kowall Richner
Baird Garcia Kuipers Rison
Basham Garza Kukuk Rivet
Birkholz Geiger LaForge Rocca
Bisbee Gieleghem LaSata Sanborn
Bishop Gilbert Law Schauer
Bogardus Godchaux Lemmons Schermesser
Bovin Gosselin Lockwood Scott
Bradstreet Green Mans Scranton
Brater Hager Martinez Shackleton
Brewer Hale Mead Sheltrown
Brown, B. Hanley Middaugh Shulman
Brown, C. Hansen Minore Spade
Byl Hardman Mortimer Stamas
Callahan Hart Neumann Switalski
Cassis Howell O'Neil Tabor
Caul Jacobs Pappageorge Tesanovich
Cherry Jamnick Patterson Thomas
Clark, I. Jansen Perricone Toy
Clarke, H. Jelinek Pestka Van Woerkom
Daniels Jellema Price Vander Roest
DeHart Johnson, Rick Prusi Vaughn
Dennis Johnson, Ruth Pumford Vear
DeRossett Julian Quarles Voorhees
DeVuyst Kelly Raczkowski Wojno
DeWeese Kilpatrick Reeves Woodward
Ehardt Koetje Richardville Woronchak
Faunce
Nays--0
In The Chair: Birkholz
The question being on agreeing to the title of the bill,
Rep. Raczkowski moved to amend the title to read as follows:
A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending sections 520 and 522 (MCL 206.520 and 206.522), section 520 as amended by 1995 PA 245 and section 522 as amended by 1996 PA 484.
The motion prevailed.
The House agreed to the title as amended.
Rep. Raczkowski moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Reps. Allen, Basham, Birkholz, Bishop, Bovin, Brewer, Cameron Brown, Callahan, Cassis, Caul, Clark, Clarke, DeHart, DeVuyst, DeWeese, Ehardt, Faunce, Garza, Gieleghem, Gosselin, Green, Hager, Hansen, Hardman, Hart, Jamnick, Jansen, Jelinek, Jellema, Rick Johnson, Ruth Johnson, Julian, Kelly, Koetje, Kowall, Kuipers, Kukuk, Law, Lemmons, Mans, Martinez, Mead, Middaugh, Minore, Mortimer, Neumann, O'Neil, Pappageorge, Patterson, Price, Prusi, Pumford, Richardville, Richner, Rocca, Schauer, Schermesser, Scott, Shackleton, Shulman, Spade, Stamas, Tabor, Tesanovich, Toy, Van Woerkom, Vander Roest, Vaughn, Vear, Voorhees and Wojno were named co-sponsors of the bill.
By unanimous consent the House returned to the order of
Reports of Standing Committees
The Speaker laid before the House
House Concurrent Resolution No. 82.
A concurrent resolution to change the scope of the Technology Education Building project at Washtenaw Community College.
(For text of resolution, see House Journal No. 16, p. 240.)
(The concurrent resolution was reported by the Committee on Appropriations on February 24, 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.
By unanimous consent the House returned to the order of
Motions and Resolutions
Rep. Schermesser moved that the Committee on Economic Development be discharged from further consideration of House Bill No. 4181.
(For first notice see House Journal No. 16, p. 246.)
The question being on the motion made by Rep. Schermesser,
Rep. Martinez demanded the yeas and nays.
The demand was supported.
The question being on the motion made by Rep. Schermesser,
The motion did not prevail, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 78 Yeas--52
Baird Dennis Lemmons Rivet
Basham Frank Lockwood Schauer
Bogardus Garza Mans Schermesser
Bovin Gieleghem Martinez Scott
Brater Hale Minore Sheltrown
Brewer Hanley Neumann Spade
Brown, B. Hansen O'Neil Stallworth
Callahan Hardman Pestka Switalski
Cherry Jacobs Price Tesanovich
Clark, I. Jamnick Prusi Thomas
Clarke, H. Kelly Quarles Vaughn
Daniels Kilpatrick Reeves Wojno
DeHart LaForge Rison Woodward
Nays--55
Allen Geiger Koetje Richner
Birkholz Gilbert Kowall Rocca
Bisbee Godchaux Kuipers Scranton
Bishop Gosselin Kukuk Shackleton
Bradstreet Green LaSata Shulman
Brown, C. Hager Mead Stamas
Byl Hart Middaugh Tabor
Cassis Howell Mortimer Toy
Caul Jansen Pappageorge Van Woerkom
DeRossett Jelinek Patterson Vander Roest
DeVuyst Jellema Perricone Vear
DeWeese Johnson, Rick Pumford Voorhees
Faunce Johnson, Ruth Raczkowski Woronchak
Garcia Julian Richardville
In The Chair: Birkholz
Rep. Schermesser moved that the Committee on Regulatory Reform be discharged from further consideration of House Bill No. 4944.
(For first notice see House Journal No. 16, p. 246.)
The question being on the motion made by Rep. Schermesser,
The motion did not prevail, a majority of the members serving not voting therefor.
______
Rep. Raczkowski moved that House Committees be given leave to meet during the balance of today's session.
The motion prevailed.
Reps. Garza, Hale, Vaughn, Rison, Clarke, Jamnick, Minore, Clark, O'Neil, Shulman, Baird, Kelly, Callahan, Hanley, Rivet, Daniels, Thomas, Schauer, Dennis, Lemmons, Jacobs, Prusi, Bogardus, Hardman and Reeves offered the following resolution:
House Resolution No. 287.
A resolution to express support for the decision of the United States Immigration and Naturalization Service regarding Elian Gonzalez and to call for his return to his father.
Whereas, The highly publicized case of Elian Gonzalez, the young boy rescued from the sea after his mother and others attempted to come to America from Cuba, has triggered strong emotions in both countries. These emotions reflect the complicated issues at hand. As a result, the case is still awaiting resolution nearly three months after the boy was plucked from the ocean as the only survivor of the journey; and
Whereas, On January 5, 2000, the United States Immigration and Naturalization Service (INS) ruled that the boy should be returned to his father. This decision has been met with court challenges that have yet to be resolved; and
Whereas, In the consideration of this issue, it is imperative to take note of the full impact this situation is having on an important area of law and public policy. Officials of the United States Department of State have voiced concerns that our country's response to this case sets a perilous precedent for American citizens involved in international child abductions. There are families in this country now who may find it far more difficult to be reunited with a son or daughter because of the manner in which the United States is handling the Gonzalez situation; and
Whereas, All of the states, including Michigan, have laws on child custody. At the state, national, or international level, decisions on child custody must be based on clear legal authority instead of other considerations; now, therefore, be it
Resolved by the House of Representatives, That we express support for the decision of the United States Immigration and Naturalization Service regarding Elian Gonzalez and to call for his return to his father; and be it further
Resolved, That copies of this resolution be transmitted to the United States Immigration and Naturalization Service.
The resolution was referred to the Committee on House Oversight and Operations.
Reps. Sheltrown, Hansen, Cherry, Middaugh, DeRossett, Hager, Koetje, LaSata, LaForge, Baird, Kowall, Kelly, Tabor, Shackleton, Vaughn, Hanley, Rivet, Spade, Gieleghem, Bovin, Daniels, Thomas, Hale, Schermesser, Scott, Jellema, Quarles, Ehardt, Mortimer, Minore, Scranton, DeVuyst, Julian, Jansen, Caul, Vander Roest, Kilpatrick, Neumann, Switalski, Mans, Jamnick, Frank, Schauer, Dennis, Tesanovich, Lemmons, Raczkowski, Jacobs, Prusi, Green, Clarke, Faunce, Van Woerkom, Bradstreet, Bogardus, Birkholz, Hardman and Reeves offered the following resolution:
House Resolution No. 288.
A resolution to memorialize the Congress of the United States to provide funding for increased bovine tuberculosis testing and research in Michigan and for federal indemnification and financial assistance for the federally required destruction of Michigan cattle herds.
Whereas, The spread of bovine tuberculosis in Michigan has reached a critical level, threatening the viability of the livestock and dairy industry in this state; and
Whereas, The United States Department of Agriculture is poised to revoke Michigan's TB-free status, thereby requiring the testing of all cattle in the state; and
Whereas, The testing of all cattle in the state will not be possible with currently available resources and the lack of existing facilities; and
Whereas, No known vaccination exists to prevent cattle from acquiring bovine tuberculosis, and the only method to control the spread of the disease is through the slaughter of the infected animal; and
Whereas, The policy of the United States Department of Agriculture is to require the destruction of the entire herd, even if only one animal in the herd is infected; and
Whereas, Current indemnification rates for the destruction of cattle are inadequate, placing an extreme burden on livestock owners; and
Whereas, The Michigan House of Representatives is leading a coordinated and committed effort with Michigan farmers, hunters, and business owners to eradicate bovine tuberculosis in this state and restore Michigan's TB-free status; now, therefore, be it
Resolved by the House of Representatives, That we memorialize the Congress of the United States to provide funding for the construction of a diagnostic laboratory at Michigan State University to handle the increased testing requirements resulting from a loss of Michigan's TB-free status; and be it further
Resolved, That we memorialize Congress to fund research initiatives at Michigan State University to study the spread of bovine tuberculosis through crops and soil; and be it further
Resolved, That we memorialize Congress to provide increased indemnification for the destruction of cattle and federally subsidized loans for the replacement of destroyed herds; and be it further
Resolved, That copies of this resolution be transmitted to the President of the United States, the President of the United States Senate, the Speaker of the United States House of Representatives, the members of the Michigan congressional delegation, the Secretary of the United States Department of Agriculture, and other appropriate administration officials.
Pending the reference of the resolution to a committee,
Rep. Raczkowski moved that Rule 77 be suspended and the resolution be considered at this time.
The motion prevailed, 3/5 of the members present voting therefor.
The question being on the adoption of the resolution,
The resolution was adopted.
Rep. Patterson offered the following resolution:
House Resolution No. 289.
A resolution to express legislative intent that the Department of Natural Resources should strive to acquire land in the Keweenaw Peninsula.
Whereas, Over the past couple of years, discussions have taken place between private landowners, private companies, and officials of the Department of Natural Resources concerning parcels of property at the tip of the Keweenaw Peninsula; and
Whereas, As the DNR studies possible land exchanges between private landowners, private companies, and the state, ascertaining the true value of the lands in question is essential. This evaluation must weigh more than economic criteria alone. Potential exchanges would impact forest, wildlife, and recreational resources for many years. A central concern is any influence that the exchange could have on the environment; and
Whereas, While we respect and encourage the sentiments of those hesitant to relinquish state-managed lands, many of which are rich in timber, other parcels of land in the Keewenaw Peninsula offer unique qualities the state should protect. Currently, the state does not manage parcels that are among the most dramatic and beautiful areas in our state. These parcels include miles of beautiful Lake Superior shoreline, waterfalls, wildlife, and vistas unsurpassed as attractions for recreation. It would be a shame to lose these gifts for future generations of our citizens. Clearly, any exchanges should be made with a commitment to fairness and an eye to protection of unique resources; now, therefore, be it
Resolved by the House of Representatives, That we express legislative intent that the Department of Natural Resources should continually strive to acquire and preserve land in the Keweenaw Peninsula. We urge that the DNR weigh carefully the impact on the state's timber reserves; and be it further
Resolved, That copies of this resolution be transmitted to the Natural Resources Commission and the Department of Natural Resources.
The resolution was referred to the Committee on Conservation and Outdoor Recreation.
Rep. Patterson offered the following concurrent resolution:
House Concurrent Resolution No. 85.
A concurrent resolution to express legislative intent that the Department of Natural Resources should strive to acquire land in the Keweenaw Peninsula.
Whereas, Over the past couple of years, discussions have taken place between private landowners, private companies, and officials of the Department of Natural Resources concerning parcels of property at the tip of the Keweenaw Peninsula; and
Whereas, As the DNR studies possible land exchanges between private landowners, private companies, and the state, ascertaining the true value of the lands in question is essential. This evaluation must weigh more than economic criteria alone. Potential exchanges would impact forest, wildlife, and recreational resources for many years. A central concern is any influence that the exchange could have on the environment; and
Whereas, While we respect and encourage the sentiments of those hesitant to relinquish state-managed lands, many of which are rich in timber, other parcels of land in the Keewenaw Peninsula offer unique qualities the state should protect. Currently, the state does not manage parcels that are among the most dramatic and beautiful areas in our state. These parcels include miles of beautiful Lake Superior shoreline, waterfalls, wildlife, and vistas unsurpassed as attractions for recreation. It would be a shame to lose these gifts for future generations of our citizens. Clearly, any exchanges should be made with a commitment to fairness and an eye to protection of unique resources; now, therefore, be it
Resolved by the House of Representatives (the Senate concurring), That we express legislative intent that the Department of Natural Resources should continually strive to acquire and preserve land in the Keweenaw Peninsula. We urge that the DNR weigh carefully the impact on the state's timber reserves; and be it further
Resolved, That copies of this resolution be transmitted to the Natural Resources Commission and the Department of Natural Resources.
The concurrent resolution was referred to the Committee on Conservation and Outdoor Recreation.
Announcement by the Clerk of Printing and Enrollment
The Clerk announced the enrollment printing and presentation to the Governor on Friday, February 25, for his approval of the following bills:
Enrolled House Bill No. 4644 at 1:00 p.m.
Enrolled House Bill No. 4645 at 1:02 p.m.
The Clerk announced that the following bills had been printed and placed upon the files of the members, Friday, February 25:
House Bill Nos. 5435 5436 5437 5438 5439 5443 5444 5445
The Clerk announced that the following bills had been printed and placed upon the files of the members, Monday, February 28:
House Bill Nos. 5440 5441 5442 5446 5447 5448 5449 5450 5451 5452 5453 5454 5455 5456 5457 5458 5459
The Clerk announced the enrollment printing and presentation to the Governor on Tuesday, February 29, for his approval of the following bills:
Enrolled House Bill No. 4591 at 11:09 a.m.
Enrolled House Bill No. 5014 at 11:11 a.m.
Enrolled House Bill No. 5067 at 11:13 a.m.
The Clerk announced that the following Senate bill had been received on Tuesday, February 29:
Senate Bill No. 938
By unanimous consent the House returned to the order of
Messages from the Senate
House Bill No. 4742, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending section 5205 (MCL 333.5205), as amended by 1997 PA 57.
The Senate has amended the bill as follows:
1. Amend page 2, line 16, after "located" by inserting "OR THE APPROPRIATE DISTRICT COURT".
2. Amend page 3, line 12, after "(1)" by striking out the balance of the line through "(3)" on line 13.
3. Amend page 3, line 17, by striking out "or the proposed test subject under section 5204".
4. Amend page 3, line 19, after "individual's" by striking out the balance of the line through "subject's" on line 20.
5. Amend page 3, line 22, after "individual" by striking out the balance of the line through "subject" on line 23.
6. Amend page 3, line 24, after the second "the" by inserting "CIRCUIT".
7. Amend page 3, line 25, after "immediately." by inserting "UPON RECEIPT OF A PETITION FILED UNDER SUBSECTION (3), THE CIRCUIT COURT OR THE DISTRICT COURT SHALL FIX A DATE FOR HEARING THAT SHALL BE AS SOON AS POSSIBLE, BUT NOT LATER THAN 24 HOURS AFTER THE TIME AND DATE THE PETITION IS FILED. NOTICE OF THE PETITION AND THE TIME AND PLACE OF THE HEARING SHALL BE SERVED PERSONALLY ON BOTH THE PROPOSED TEST SUBJECT UNDER SECTION 5204 AND THE PETITIONER WITHIN A TIME PERIOD THAT IS REASONABLE UNDER THE CIRCUMSTANCES. NOTICE OF THE HEARING SHALL INCLUDE NOTICE OF THE PROPOSED TEST SUBJECT'S RIGHT TO APPEAR AT THE HEARING, THE RIGHT TO PRESENT AND CROSS-EXAMINE WITNESSES, AND THE RIGHT TO COUNSEL AS PROVIDED IN SUBSECTION (12). THE PROPOSED TEST SUBJECT AND THE PETITIONER MAY WAIVE NOTICE OF THE HEARING, AND UPON FILING OF THE WAIVER IN WRITING, THE CIRCUIT COURT OR THE DISTRICT COURT MAY HEAR THE PETITION FILED UNDER SUBSECTION (3) IMMEDIATELY.".
8. Amend page 5, line 2, after "court" by inserting "OR THE DISTRICT COURT".
9. Amend page 5, line 8, after the first "the" by inserting "CIRCUIT COURT OR THE DISTRICT".
10. Amend page 8, line 11, after "under" by striking out the balance of the line through "section" on line 12 and inserting "SUBSECTION (6)".
11. Amend page 8, line 15, after "under" by striking out "this section" and inserting "SUBSECTION (6)".
12. Amend page 8, line 17, after "cause." by inserting "AN ORDER ISSUED BY THE CIRCUIT COURT UNDER SUBSECTION (7) MAY BE APPEALED TO THE COURT OF APPEALS. THE COURT OF APPEALS SHALL HEAR THE APPEAL WITHIN 15 DAYS AFTER THE DATE THE CLAIM OF APPEAL IS FILED WITH THE COURT OF APPEALS. HOWEVER, AN ORDER ISSUED BY THE CIRCUIT COURT UNDER SUBSECTION (7) SHALL NOT BE STAYED PENDING APPEAL, UNLESS ORDERED BY THE COURT OF APPEALS ON MOTION FOR GOOD CAUSE. AN ORDER ISSUED BY A DISTRICT COURT UNDER SUBSECTION (7) MAY BE APPEALED TO THE CIRCUIT COURT FOR THE COUNTY IN WHICH THE DISTRICT COURT IS LOCATED. THE CIRCUIT COURT SHALL HEAR THE APPEAL WITHIN 15 DAYS AFTER THE DATE THE CLAIM OF APPEAL IS FILED WITH THE CIRCUIT COURT. HOWEVER, AN ORDER ISSUED BY A DISTRICT COURT UNDER SUBSECTION (7) SHALL NOT BE STAYED PENDING APPEAL, UNLESS ORDERED BY THE CIRCUIT COURT ON MOTION FOR GOOD CAUSE.".
The Senate has passed the bill as amended, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The Speaker announced that pursuant to Rule 45, the bill was laid over one day.
Senate Bill No. 938, entitled
A bill to amend 1939 PA 280, entitled "The social welfare act," by amending sections 111a and 111b (MCL 400.111a and 400.111b), section 111a as amended by 1986 PA 227 and section 111b as amended by 1994 PA 74, and by adding section 111i.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Appropriations.
By unanimous consent the House returned to the order of
Reports of Standing Committees
The Committee on Agriculture and Resource Management, by Rep. Green, Chair, reported
Senate Bill No. 763, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 36109 (MCL 324.36109), as amended by 1996 PA 233.
With the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
SB 763 To Report Out:
Yeas: Reps. Green, Julian, Bradstreet, DeRossett, DeVuyst, Ehardt, Howell, Rick Johnson, Koetje, Vear, Brater, Hansen, LaForge, Rivet, Sheltrown, Spade,
Nays: None.
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Green, Chair of the Committee on Agriculture and Resource Management, was received and read:
Meeting held on: Tuesday, February 29, 2000, at 9:00 a.m.,
Present: Reps. Green, Julian, Bradstreet, DeRossett, DeVuyst, Ehardt, Howell, Rick Johnson, Koetje, Vear, Brater, Bogardus, Hansen, LaForge, Rivet, Sheltrown, Spade.
The Committee on Education, by Rep. Allen, Chair, reported
Senate Bill No. 57, entitled
A bill to amend 1990 PA 187, entitled "The pupil transportation act," by amending sections 5, 7, 10, 10a, 17, 19, and 55 (MCL 257.1805, 257.1807, 257.1810, 257.1810a, 257.1817, 257.1819, and 257.1855), section 7 as amended by 1992 PA 227, section 10 as amended by 1996 PA 191, section 10a as added by 1990 PA 322, and section 55 as amended by 1991 PA 184.
With the recommendation that the substitute (H-1) be adopted and that the bill then pass.
The bill and substitute were referred to the order of Second Reading of Bills.
Favorable Roll Call
SB 57 To Report Out:
Yeas: Reps. Allen, Ruth Johnson, DeWeese, Hager, Hart, Rick Johnson, Van Woerkom, Bogardus, Clark, Gieleghem, Hansen, Scott, Spade,
Nays: Reps. Bradstreet, Kuipers.
The Committee on Education, by Rep. Allen, Chair, reported
Senate Bill No. 766, entitled
A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 1104 (MCL 380.1104), as amended by 1995 PA 289.
With the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
SB 766 To Report Out:
Yeas: Reps. Allen, Ruth Johnson, Bradstreet, DeWeese, Hager, Hart, Rick Johnson, Kuipers, Van Woerkom, Voorhees, Bogardus, Clark, Gieleghem, Hansen, Scott, Spade,
Nays: None.
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Allen, Chair of the Committee on Education, was received and read:
Meeting held on: Tuesday, February 29, 2000, at 10:30 a.m.,
Present: Reps. Allen, Ruth Johnson, Bradstreet, DeWeese, Hager, Hart, Rick Johnson, Kuipers, Van Woerkom, Voorhees, Bogardus, Clark, Gieleghem, Hansen, Scott, Spade,
Absent: Rep. Daniels,
Excused: Rep. Daniels.
The Committee on Tax Policy, by Rep. Cassis, Chair, reported
House Bill No. 5394, entitled
A bill to amend 1975 PA 228, entitled "Single business tax act," by amending section 35a (MCL 208.35a), as added by 1999 PA 115.
With the recommendation that the following amendment be adopted and that the bill then pass.
1. Amend page 4, line 2, after "LESS," by striking out "1.5%" and inserting "1.0%".
The bill and amendment were referred to the order of Second Reading of Bills.
Favorable Roll Call
HB 5394 To Report Out:
Yeas: Reps. Cassis, Allen, Faunce, Gilbert, Gosselin, Koetje, Patterson, Vander Roest, Vear, O'Neil,
Nays: None.
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Cassis, Chair of the Committee on Tax Policy, was received and read:
Meeting held on: Tuesday, February 29, 2000, at 9:00 a.m.,
Present: Reps. Cassis, Woronchak, Allen, Faunce, Gilbert, Gosselin, Koetje, Patterson, Vander Roest, Vear, Quarles, Basham, Garza, Jamnick, Minore, O'Neil, Switalski.
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Kowall, Vice-Chair of the Committee on Economic Development, was received and read:
Meeting held on: Tuesday, February 29, 2000, at 9:00 a.m.,
Present: Reps. Garcia, Kowall, Bisbee, Richardville, Van Woerkom, Bob Brown, Lockwood,
Absent: Reps. Mans, Vaughn,
Excused: Reps. Mans, Vaughn.
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Howell, Vice-Chair of the Committee on House Oversight and Operations, was received and read:
Meeting held on: Tuesday, February 29, 2000, at 12:00 Noon,
Present: Reps. Raczkowski, Howell, Ruth Johnson, Shackleton, Rivet, Brewer, DeHart.
Communications from State Officers
The following communication from the Secretary of State was received and read:
Notice of Filing
Administrative Rules
February 2, 2000
In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6 this is to advise you that the Office of Regulatory Reform, Legal Division filed at 4:00 P.M. this date, administrative rule (00-02-01) for the Department of State, Bureau of Elections, entitled "Campaign Financing", effective 15 days hereafter.
Sincerely,
Candice S. Miller
Secretary of State
James Fackler, Acting Supervisor
Office of the Great Seal
The communication was referred to the Clerk.
The following communication from the Department of Consumer and Industry Services was received and read:
February 18, 2000
Transmitted is a copy of the preliminary report on the state of competition in the commercial liability insurance market and my certification as to the presence of workable competition in the market during 1999.
This report and certification were prepared in accordance with the requirements of Section 2409 of the Insurance Code, MCLA 500.2409(c).
Sincerely,
Frank M. Fitzgerald
Commissioner of Insurance
The communication was referred to the Clerk.
The following communication from the State Budget Office was received and read:
February 24, 2000
Transmitted is a schedule entitled "Statement of Revenue Subject to Constitutional Limitation - Legal Basis." The statement is submitted pursuant to Section 18.1350 of the Michigan Compiled Laws for the purpose of demonstrating compliance with Article 9, Section 26 of the Michigan Constitution for the fiscal year 1998-99.
If you have questions regarding this report, please contact Mr. Leon E. Hank, Director, Office of Financial Management, at 373-1010.
Sincerely,
Mary A. Lannoye
State Budget Director
The communication was referred to the Clerk.
The following communication from the Auditor General was received and read:
February 24, 2000
Enclosed is a copy of the following audit report and/or executive digest:
Performance Audit of the
Automobile Theft Prevention Authority
Michigan Department of State Police
February 2000
Sincerely,
Thomas H. McTavish, C.P.A.
Auditor General
The communication was referred to the Clerk and the accompanying report referred to the Committee on House Oversight and Operations.
Introduction of Bills
Reps. Green, Scranton, Julian, Gilbert, Rocca, Ruth Johnson, Caul, Wojno, Spade, Bovin, Voorhees, Ehardt, Toy, Law, Geiger, Gosselin, Mortimer, Richner, Jellema, Van Woerkom, Schermesser, Vander Roest, Faunce, Kowall, DeWeese, Tabor, Neumann, Lockwood, Jansen and Cassis introduced
House Bill No. 5460, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending section 20155 (MCL 333.20155), as amended by 1996 PA 267.
The bill was read a first time by its title and referred to the Committee on Senior Health, Security and Retirement.
Reps. Green, Julian, Gilbert, DeRossett, Ehardt, Caul, Geiger, Richner, Van Woerkom, Schermesser, Vander Roest, Faunce, Kowall, Sanborn, Shackleton and Jansen introduced
House Bill No. 5461, entitled
A bill to amend 1846 RS 14, entitled "Of county officers," by amending section 107 (MCL 55.107), as amended by 1997 PA 60.
The bill was read a first time by its title and referred to the Committee on Criminal Law and Corrections.
Reps. Switalski, Godchaux, Rivet, Thomas, Ehardt, Scranton, Shackleton, Scott, Middaugh, Birkholz and Lemmons introduced
House Bill No. 5462, entitled
A bill to amend 1976 PA 451, entitled "The revised school code," (MCL 380.1 to 380.1852) by adding section 1165.
The bill was read a first time by its title and referred to the Committee on Education.
Rep. Switalski introduced
House Bill No. 5463, entitled
A bill to amend 1954 PA 116, entitled "Michigan election law," by amending section 613a (MCL 168.613a), as amended by 1999 PA 72.
The bill was read a first time by its title and referred to the Committee on Constitutional Law and Ethics.
Reps. Garza, DeHart, Hardman, Hale, Stallworth, Bovin, Schauer, Jacobs and Lemmons introduced
House Bill No. 5464, entitled
A bill to amend 1974 PA 258, entitled "Mental health code," (MCL 330.1001 to 330.2106) by adding section 717a.
The bill was read a first time by its title and referred to the Committee on Health Policy.
Reps. Sheltrown, Neumann, Rivet, Spade and Bovin introduced
House Bill No. 5465, entitled
A bill to amend 1988 PA 466, entitled "Animal industry act of 1987," by amending section 14 (MCL 287.714), as amended by 1998 PA 552.
The bill was read a first time by its title and referred to the Committee on Agriculture and Resource Management.
Rep. Geiger introduced
House Bill No. 5466, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 304 (MCL 257.304), as amended by 1989 PA 67.
The bill was read a first time by its title and referred to the Committee on Transportation.
Reps. Raczkowski, Scranton, Vear, Caul, DeVuyst, DeRossett, Hager, Ehardt, Richardville, Switalski, LaSata, Van Woerkom, DeWeese, Faunce, Richner, Cameron Brown, Middaugh, Birkholz, Godchaux, Tabor, Jellema and Shackleton introduced
House Bill No. 5467, entitled
A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 81 (MCL 750.81), as amended by 1999 PA 270.
The bill was read a first time by its title and referred to the Committee on Criminal Law and Corrections.
Reps. Vander Roest, Scranton, Jelinek, Julian, Caul, Gosselin, Ehardt, Bishop, Mortimer, Garcia, Middaugh, Geiger, Mead, Birkholz, Koetje, Tabor and DeHart introduced
House Bill No. 5468, entitled
A bill to amend 1980 PA 300, entitled "The public school employees retirement act of 1979," by amending section 5 (MCL 38.1305), as amended by 1998 PA 123.
The bill was read a first time by its title and referred to the Committee on Senior Health, Security and Retirement.
Reps. Sheltrown, Bradstreet, Ehardt, DeHart, Pappageorge, Green, Rick Johnson and Bishop introduced
House Bill No. 5469, entitled
A bill to amend 1980 PA 299, entitled "Occupational code," (MCL 339.101 to 339.2721) by adding section 523.
The bill was read a first time by its title and referred to the Committee on Constitutional Law and Ethics.
Rep. Jamnick introduced
House Bill No. 5470, entitled
A bill to amend 1976 PA 331, entitled "Michigan consumer protection act," by amending section 3 (MCL 445.903), as amended by 1996 PA 226.
The bill was read a first time by its title and referred to the Committee on Insurance and Financial Services.
Rep. Tabor introduced
House Bill No. 5471, entitled
A bill to amend 1986 PA 255, entitled "Prepaid funeral contract funding act," by amending sections 14 and 19 (MCL 328.224 and 328.229).
The bill was read a first time by its title and referred to the Committee on Senior Health, Security and Retirement.
Rep. Tabor introduced
House Bill No. 5472, entitled
A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending section 2080 (MCL 500.2080), as amended by 1986 PA 318.
The bill was read a first time by its title and referred to the Committee on Senior Health, Security and Retirement.
Reps. Bradstreet, Gosselin, Voorhees, Sheltrown, Rocca, Patterson, Green, Vear, Ehardt, Mortimer, Vander Roest, Bishop, Mead, Tabor, Shackleton, DeWeese, Middaugh, Allen, Birkholz, DeVuyst, Faunce, Byl, Rick Johnson, Kowall, Jansen and Koetje introduced
House Bill No. 5473, entitled
A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending section 30 (MCL 206.30), as amended by 1999 PA 181; and to repeal acts and parts of acts.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Rep. Caul moved that the House adjourn.
The motion prevailed, the time being 5:25 p.m.
The Speaker Pro Tempore declared the House adjourned until Wednesday, March 1, at 2:00 p.m.
GARY L. RANDALL
Clerk of the House of Representatives.