No. 46
STATE OF MICHIGAN
JOURNAL
OF THE
House of Representatives
90th Legislature
REGULAR SESSION OF 2000
House Chamber, Lansing, Thursday, May 18, 2000.
12:00 Noon.
The House was called to order by Associate Speaker Pro Tempore Patterson.
The roll was called by the Clerk of the House of Representatives, who announced that a quorum was present.
Allen--present
Baird--e/d/s
Basham--present
Birkholz--present
Bisbee--present
Bishop--present
Bogardus--present
Bovin--excused
Bradstreet--present
Brater--present
Brewer--present
Brown, Bob--present
Brown, Cameron--present
Byl--present
Callahan--present
Cassis--present
Caul--present
Cherry--present
Clark--present
Clarke--present
Daniels--present
DeHart--excused
Dennis--present
DeRossett--present
DeVuyst--present
DeWeese--present
Ehardt--excused
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--e/d/s
Lockwood--present
Mans--present
Martinez--present
Mead--present
Middaugh--present
Minore--present
Mortimer--present
Neumann--present
O'Neil--present
Pappageorge--present
Patterson--present
Perricone--present
Pestka--present
Price--present
Prusi--present
Pumford--present
Quarles--present
Raczkowski--present
Reeves--present
Richardville--present
Richner--present
Rison--present
Rivet--present
Rocca--present
Sanborn--present
Schauer--present
Schermesser--excused
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
Rev. Douglas Stockwell, Pastor of First Baptist Church in Vassar, offered the following invocation:
"Glorious, Heavenly Father, as we come into Your presence, we are grateful for what You have done for us. Father, we thank You for the ability to live in the greatest land on earth and in the great state of Michigan. Father, we want to say thank You for these men and women who serve our state and we pray that You would be with them as they conduct the business of the state. As bills and laws are being considered, help us to be mindful of Your law. Father, help us to be in cooperation with that, rather than opposed to that. Father, we leave each one of these men and women into Your care and we ask that they would seek Your wisdom and Your guidance as they make the decisions of the day. We ask this in Your precious name, Amen."
______
Rep. Scott moved that Reps. Bovin, DeHart and Schermesser be excused from today's session.
The motion prevailed.
Rep. DeWeese moved that Rep. Ehardt be excused from today's session.
The motion prevailed.
Messages from the Senate
The Speaker laid before the House
House Bill No. 5227, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 232 (MCL 257.232), as amended by 1997 PA 101.
(The bill was received from the Senate on May 11 with substitute (S-1), full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until May 16, see House Journal No. 43, p. 956.)
The question being on concurring in 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. 415 Yeas--103
Allen Garza Kuipers Rivet
Basham Geiger Kukuk Rocca
Birkholz Gieleghem LaForge Sanborn
Bisbee Gilbert LaSata Schauer
Bishop Godchaux Law Scott
Bogardus 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
Dennis Johnson, Rick Prusi Vaughn
DeRossett Johnson, Ruth Pumford Vear
DeVuyst Julian Quarles Voorhees
DeWeese Kelly Raczkowski Wojno
Faunce Kilpatrick Reeves Woodward
Frank Koetje Richardville Woronchak
Garcia Kowall Richner
Nays--0
In The Chair: Patterson
The House agreed to the full title of the bill.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
______
Rep. Lemmons entered the House Chambers.
The Speaker laid before the House
House Bill No. 5230, entitled
A bill to amend 1972 PA 222, entitled "An act to provide for an official personal identification card; to provide for its form, issuance and use; to regulate the use and disclosure of information obtained from the card; to prescribe the powers and duties of the secretary of state; to prescribe fees; and to prescribe certain penalties for violations," by amending section 10 (MCL 28.300), as added by 1997 PA 99.
(The bill was received from the Senate on May 11 with substitute (S-1) and immediate effect given by the Senate, consideration of which, under the rules, was postponed until May 16, see House Journal No. 43, p. 956.)
The question being on concurring in 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. 416 Yeas--104
Allen Garza Kuipers Rison
Basham Geiger Kukuk Rivet
Birkholz Gieleghem LaForge Rocca
Bisbee Gilbert LaSata Sanborn
Bishop Godchaux Law Schauer
Bogardus Gosselin Lemmons Scott
Bradstreet Green Lockwood Scranton
Brater Hager Mans Shackleton
Brewer Hale Martinez Sheltrown
Brown, B. Hanley Mead Shulman
Brown, C. Hansen Middaugh Spade
Byl Hardman Minore Stallworth
Callahan Hart Mortimer Stamas
Cassis Howell O'Neil Switalski
Caul Jacobs Pappageorge Tabor
Cherry Jamnick Patterson Tesanovich
Clark, I. Jansen Perricone Thomas
Clarke, H. Jelinek Pestka Toy
Daniels Jellema Price Van Woerkom
Dennis Johnson, Rick Prusi Vander Roest
DeRossett Johnson, Ruth Pumford Vaughn
DeVuyst Julian Quarles Vear
DeWeese Kelly Raczkowski Voorhees
Faunce Kilpatrick Reeves Wojno
Frank Koetje Richardville Woodward
Garcia Kowall Richner Woronchak
Nays--0
In The Chair: Patterson
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
______
Rep. Baird entered the House Chambers.
The Speaker laid before the House
House Bill No. 5270, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 80130c, 80315c, 81114c, and 82156c (MCL 324.80130c, 324.80315c, 324.81114c, and 324.82156c), as added by 1997 PA 102.
(The bill was received from the Senate on May 11 with substitute (S-1), title amendment and immediate effect given by the Senate, consideration of which, under the rules, was postponed until May 16, see House Journal No. 43, p. 956.)
The question being on concurring in 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. 417 Yeas--102
Allen Garza LaSata Rivet
Baird Geiger Law Rocca
Basham Gieleghem Lemmons Sanborn
Birkholz Gilbert Lockwood Schauer
Bisbee Godchaux Mans Scott
Bishop Gosselin Martinez Scranton
Bogardus Hager Mead Shackleton
Bradstreet Hale Middaugh Sheltrown
Brater Hansen Minore Shulman
Brewer Hardman Mortimer Spade
Brown, B. Hart Neumann Stallworth
Brown, C. Howell O'Neil Stamas
Byl Jacobs Pappageorge Switalski
Callahan Jansen Patterson Tabor
Cassis Jelinek Perricone Tesanovich
Caul Jellema Pestka Thomas
Cherry Johnson, Rick Price Toy
Clark, I. Johnson, Ruth Prusi Van Woerkom
Clarke, H. Julian Pumford Vander Roest
Daniels Kelly Quarles Vaughn
Dennis Kilpatrick Raczkowski Vear
DeRossett Koetje Reeves Voorhees
DeVuyst Kowall Richardville Wojno
Faunce Kuipers Richner Woodward
Frank Kukuk Rison Woronchak
Garcia LaForge
Nays--0
In The Chair: Patterson
The House agreed to the title as amended.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
Second Reading of Bills
House Bill No. 5653, 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 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. 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. Byl 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. 5653, 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. 418 Yeas--103
Allen Garza Kuipers Rison
Baird Geiger Kukuk Rivet
Basham Gieleghem LaForge Rocca
Birkholz Gilbert LaSata Sanborn
Bisbee Godchaux Law Schauer
Bishop Gosselin Lemmons Scott
Bogardus Green Lockwood Scranton
Bradstreet Hager Mans Shackleton
Brater Hale Martinez Sheltrown
Brewer Hanley Mead Shulman
Brown, B. Hansen Middaugh Spade
Brown, C. Hardman Mortimer Stallworth
Byl Hart Neumann Stamas
Callahan Howell O'Neil Switalski
Cassis Jacobs Pappageorge Tabor
Caul Jamnick Patterson Tesanovich
Clark, I. Jansen Perricone Toy
Clarke, H. Jelinek Pestka Van Woerkom
Daniels Jellema Price Vander Roest
Dennis Johnson, Rick Prusi Vaughn
DeRossett Johnson, Ruth Pumford Vear
DeVuyst Julian Quarles Voorhees
DeWeese Kelly Raczkowski Wojno
Faunce Kilpatrick Reeves Woodward
Frank Koetje Richardville Woronchak
Garcia Kowall Richner
Nays--0
In The Chair: Patterson
The House agreed to the title of the bill.
Rep. Byl moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Reps. Baird, Basham, Bishop, Bradstreet, Brater, Brewer, Bob Brown, Cameron Brown, Callahan, Cassis, Caul, Clark, Clarke, DeRossett, DeVuyst, DeWeese, Faunce, Garcia, Hager, Hardman, Howell, Jacobs, Jansen, Jelinek, Jellema, Ruth Johnson, Julian, Kelly, Kilpatrick, Kowall, Kuipers, Kukuk, LaSata, Law, Lemmons, Mans, Martinez, Middaugh, Mortimer, Neumann, Pappageorge, Patterson, Pestka, Price, Prusi, Pumford, Raczkowski, Reeves, Richardville, Rocca, Sanborn, Scott, Scranton, Shackleton, Shulman, Spade, Tabor, Tesanovich, Toy, Vander Roest, Vaughn, Voorhees, Wojno and Woodward were named co-sponsors of the bill.
Second Reading of Bills
House Bill No. 5654, entitled
A bill to amend 1967 PA 281, entitled "Income tax act of 1967," (MCL 206.1 to 206.532) by adding section 30f.
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. Byl 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. 5654, entitled
A bill to amend 1967 PA 281, entitled "Income tax act of 1967," (MCL 206.1 to 206.532) by adding section 30f.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 419 Yeas--106
Allen Garza Kukuk Rison
Baird Geiger LaForge Rivet
Basham Gieleghem LaSata Rocca
Birkholz Gilbert Law Sanborn
Bisbee Godchaux Lemmons Schauer
Bishop Gosselin Lockwood Scott
Bogardus 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
Dennis Johnson, Ruth Pumford Vaughn
DeRossett Julian Quarles Vear
DeVuyst Kelly Raczkowski Voorhees
DeWeese Kilpatrick Reeves Wojno
Faunce Koetje Richardville Woodward
Frank Kowall Richner Woronchak
Garcia Kuipers
Nays--0
In The Chair: Patterson
The House agreed to the title of the bill.
Rep. Byl 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. 599, entitled
A bill to create the Michigan education savings program; to provide for education savings accounts; to prescribe the powers and duties of certain state agencies, boards, and departments; to allow certain tax credits or deductions; and to provide for penalties and remedies.
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. Byl 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. Byl 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. 599, entitled
A bill to create the Michigan education savings program; to provide for education savings accounts; to prescribe the powers and duties of certain state agencies, boards, and departments; to allow certain tax credits or deductions; and to provide for penalties and remedies.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 420 Yeas--105
Allen Geiger Kukuk Rison
Baird Gieleghem LaForge Rivet
Basham Gilbert LaSata Rocca
Birkholz Godchaux Law Sanborn
Bisbee Gosselin Lemmons Schauer
Bishop Green Lockwood Scott
Bogardus Hager Mans Scranton
Bradstreet Hale Martinez Shackleton
Brater Hanley Mead Sheltrown
Brewer Hansen Middaugh Shulman
Brown, B. Hardman Minore Spade
Brown, C. Hart Mortimer Stallworth
Byl Howell Neumann Stamas
Callahan Jacobs O'Neil Switalski
Cassis Jamnick Pappageorge Tabor
Caul Jansen Patterson Tesanovich
Cherry Jelinek Perricone Thomas
Clark, I. Jellema Pestka Toy
Clarke, H. Johnson, Rick Price Van Woerkom
Daniels Johnson, Ruth Prusi Vander Roest
Dennis Julian Pumford Vaughn
DeRossett Kelly Quarles Vear
DeVuyst Kilpatrick Raczkowski Voorhees
DeWeese Koetje Reeves Wojno
Faunce Kowall Richardville Woodward
Frank Kuipers Richner Woronchak
Garcia
Nays--0
In The Chair: Patterson
The House agreed to the title of the bill.
Rep. Byl moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Second Reading of Bills
House Bill No. 5681, entitled
A bill to amend 1905 PA 282, entitled "An act to provide for the assessment of the property, by whomsoever owned, operated or conducted, of railroad companies, union station and depot companies, telegraph companies, telephone companies, sleeping car companies, express companies, car loaning companies, stock car companies, refrigerator car companies, and fast freight companies, and all other companies owning, leasing, running or operating any freight, stock, refrigerator, or any other cars, not being exclusively the property of any railroad company paying taxes upon its rolling stock under the provisions of this act, over or upon the line or lines of any railroad or railroads in this state, and for the levy of taxes thereon by a state board of assessors, and for the collection of such taxes, and to repeal all acts or parts of acts contravening any of the provisions of this act," (MCL 207.1 to 207.21) by adding section 13a.
The bill was read a second time.
Rep. Kowall 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. Byl 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. 5681, entitled
A bill to amend 1905 PA 282, entitled "An act to provide for the assessment of the property, by whomsoever owned, operated or conducted, of railroad companies, union station and depot companies, telegraph companies, telephone companies, sleeping car companies, express companies, car loaning companies, stock car companies, refrigerator car companies, and fast freight companies, and all other companies owning, leasing, running or operating any freight, stock, refrigerator, or any other cars, not being exclusively the property of any railroad company paying taxes upon its rolling stock under the provisions of this act, over or upon the line or lines of any railroad or railroads in this state, and for the levy of taxes thereon by a state board of assessors, and for the collection of such taxes, and to repeal all acts or parts of acts contravening any of the provisions of this act," (MCL 207.1 to 207.21) by adding section 13a.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 421 Yeas--90
Allen Garza Kowall Rison
Baird Geiger Kuipers Rivet
Basham Gieleghem Kukuk Rocca
Birkholz Gilbert LaSata Sanborn
Bisbee Godchaux Law Schauer
Bishop Gosselin Lemmons Scott
Bradstreet Green Lockwood Scranton
Brater Hager Mead Shackleton
Brewer Hale Middaugh Sheltrown
Brown, B. Hanley Minore Shulman
Brown, C. Hansen Mortimer Spade
Cassis Hardman Neumann Stallworth
Caul Hart Pappageorge Stamas
Clark, I. Howell Patterson Switalski
Clarke, H. Jamnick Pestka Tabor
Daniels Jansen Price Thomas
Dennis Jelinek Pumford Toy
DeRossett Jellema Quarles Van Woerkom
DeVuyst Johnson, Rick Raczkowski Vander Roest
DeWeese Johnson, Ruth Reeves Vear
Faunce Julian Richardville Voorhees
Frank Kilpatrick Richner Woronchak
Garcia Koetje
Nays--15
Bogardus Jacobs Martinez Vaughn
Byl Kelly O'Neil Wojno
Callahan LaForge Prusi Woodward
Cherry Mans Tesanovich
In The Chair: Patterson
The House agreed to the title of the bill.
Rep. Byl 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 Select Committees
The Speaker laid before the House the conference report relative to
House Bill No. 4400, entitled
A bill to amend 1996 PA 381, entitled "Brownfield redevelopment financing act," by amending sections 2, 3, 4, 5, 8, 13, 15, 16, and 19 (MCL 125.2652, 125.2653, 125.2654, 125.2655, 125.2658, 125.2663, 125.2665, 125.2666, and 125.2669).
(The conference report was reported by the conference committee on May 17, consideration of which, under the rules, was postponed until today.)
(For conference report, see House Journal No. 45, p. 1024.)
The question being on the adoption of the conference report,
The conference report was adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 422 Yeas--105
Allen Garza Kuipers Richner
Baird Geiger Kukuk Rison
Basham Gieleghem LaForge Rivet
Birkholz Gilbert LaSata Rocca
Bisbee Godchaux Law Sanborn
Bishop Gosselin Lemmons Schauer
Bogardus Green Lockwood Scott
Bradstreet Hager Mans Scranton
Brater Hale Martinez Shackleton
Brewer Hanley Mead Sheltrown
Brown, B. Hansen Middaugh Shulman
Brown, C. Hardman Minore Spade
Byl Hart Mortimer Stallworth
Callahan Howell Neumann Stamas
Cassis Jacobs O'Neil Switalski
Caul Jamnick Pappageorge Tabor
Cherry Jansen Patterson Tesanovich
Clark, I. Jelinek Perricone Thomas
Clarke, H. Jellema Pestka Toy
Daniels Johnson, Rick Price Van Woerkom
Dennis Johnson, Ruth Prusi Vander Roest
DeRossett Julian Pumford Vaughn
DeVuyst Kelly Quarles Vear
DeWeese Kilpatrick Raczkowski Voorhees
Faunce Koetje Reeves Woodward
Frank Kowall Richardville Woronchak
Garcia
Nays--0
In The Chair: Patterson
Rep. Byl moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
The Speaker laid before the House the conference report relative to
House Bill No. 5443, entitled
A bill to amend 1995 PA 24, entitled "Michigan economic growth authority act," by amending the title and sections 3, 6, 7, and 8 (MCL 207.803, 207.806, 207.807, and 207.808) and by adding section 7a.
(The conference report was reported by the conference committee on May 17, consideration of which, under the rules, was postponed until today.)
(For conference report, see House Journal No. 45, p. 1026.)
The question being on the adoption of the conference report,
The conference report was adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 423 Yeas--104
Allen Garcia Kowall Richner
Baird Garza Kuipers Rison
Basham Geiger Kukuk Rocca
Birkholz Gieleghem LaSata Sanborn
Bisbee Gilbert Law Schauer
Bishop Godchaux Lemmons Scott
Bogardus 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
Dennis Johnson, Rick Prusi Vaughn
DeRossett Johnson, Ruth Pumford Vear
DeVuyst Julian Quarles Voorhees
DeWeese Kelly Raczkowski Wojno
Faunce Kilpatrick Reeves Woodward
Frank Koetje Richardville Woronchak
Nays--0
In The Chair: Patterson
______
Rep. Vander Roest moved that Rep. Perricone be excused temporarily from today's session.
The motion prevailed.
The Speaker laid before the House the conference report relative to
House Bill No. 5444, entitled
A bill to provide for the establishment of obsolete property rehabilitation districts in certain local governmental units; to provide for the exemption from certain taxes; to levy and collect a specific tax upon the owners of certain facilities; to provide for the disposition of the tax; to provide for the obtaining and transferring of an exemption certificate and to prescribe the contents of those certificates; to prescribe the powers and duties of certain local government officials; and to provide penalties.
(The conference report was reported by the conference committee on May 17, consideration of which, under the rules, was postponed until today.)
(For conference report, see House Journal No. 45, p. 1027.)
The question being on the adoption of the conference report,
The conference report was adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 424 Yeas--102
Allen Garcia Kuipers Rison
Baird Geiger Kukuk Rivet
Basham Gieleghem LaForge Rocca
Birkholz Gilbert LaSata Sanborn
Bisbee Godchaux Law Schauer
Bishop Gosselin Lemmons Scott
Bogardus Green Lockwood Scranton
Bradstreet Hager Mans Shackleton
Brater Hale Martinez Sheltrown
Brewer Hanley Mead Shulman
Brown, B. Hansen Middaugh Spade
Brown, C. Hardman Minore Stamas
Byl Hart Mortimer Switalski
Callahan Howell Neumann Tabor
Cassis Jacobs O'Neil Tesanovich
Caul Jamnick Pappageorge Thomas
Cherry Jansen Patterson Toy
Clark, I. Jelinek Pestka Van Woerkom
Clarke, H. Jellema Price Vander Roest
Daniels Johnson, Rick Pumford Vaughn
Dennis Johnson, Ruth Quarles Vear
DeRossett Julian Raczkowski Voorhees
DeVuyst Kelly Reeves Wojno
DeWeese Kilpatrick Richardville Woodward
Faunce Koetje Richner Woronchak
Frank Kowall
Nays--0
In The Chair: Patterson
Rep. Byl moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Senate Bill No. 269, entitled
A bill to amend 1975 PA 228, entitled "Single business tax act," (MCL 208.1 to 208.145) by adding section 38g.
The Senate has adopted the report of the Committee of Conference and ordered that the bill be given immediate effect.
The Conference Report was read as follows:
First Conference Report
The Committee of Conference on the matters of difference between the two Houses concerning
Senate Bill No. 269, entitled
A bill to amend 1975 PA 228, entitled "Single business tax act," (MCL 208.1 to 208.145) by adding section 38g.
Recommends:
First: That the Senate and House agree to the Substitute of the Senate as passed by the Senate, amended to read as follows:
A bill to amend 1975 PA 228, entitled "Single business tax act," (MCL 208.1 to 208.145) by adding section 38g.
THE PEOPLE OF THE STATE OF MICHIGAN ENACT:
SEC. 38G. (1) SUBJECT TO THE CRITERIA UNDER THIS SECTION, AN ELIGIBLE TAXPAYER MAY CLAIM A CREDIT AGAINST THE TAX IMPOSED BY THIS ACT AS DETERMINED UNDER SUBSECTIONS (19) TO (24); AND SUBJECT TO THE CRITERIA UNDER THIS SECTION, A QUALIFIED TAXPAYER THAT HAS A PREAPPROVAL LETTER ISSUED AFTER DECEMBER 31, 1999 AND BEFORE JANUARY 1, 2003, PROVIDED THAT THE PROJECT IS COMPLETED NOT MORE THAN 5 YEARS AFTER THE PREAPPROVAL LETTER FOR THE PROJECT IS ISSUED, OR AN ASSIGNEE UNDER SUBSECTION (16) OR (17) MAY CLAIM A CREDIT THAT HAS BEEN APPROVED UNDER SUBSECTION (2) OR (3) AGAINST THE TAX IMPOSED BY THIS ACT EQUAL TO EITHER OF THE FOLLOWING:
(A) IF THE TOTAL OF ALL CREDITS FOR A PROJECT IS $1,000,000.00 OR LESS, 10% OF THE COST OF THE QUALIFIED TAXPAYER'S ELIGIBLE INVESTMENT PAID OR ACCRUED BY THE QUALIFIED TAXPAYER ON AN ELIGIBLE PROPERTY PROVIDED THAT THE PROJECT DOES NOT EXCEED THE AMOUNT STATED IN THE PREAPPROVAL LETTER. IF ELIGIBLE INVESTMENT EXCEEDS THE AMOUNT OF ELIGIBLE INVESTMENT IN THE PREAPPROVAL LETTER FOR THAT PROJECT, THE TOTAL OF ALL CREDITS FOR THE PROJECT SHALL NOT EXCEED THE TOTAL OF ALL CREDITS ON THE CERTIFICATE OF COMPLETION.
(B) IF THE TOTAL OF ALL CREDITS FOR A PROJECT IS MORE THAN $1,000,000.00 BUT $30,000,000.00 OR LESS AND, EXCEPT AS PROVIDED IN SUBSECTION (4)(B), THE PROJECT IS LOCATED IN A QUALIFIED LOCAL GOVERNMENTAL UNIT, A PERCENTAGE AS DETERMINED BY THE MICHIGAN ECONOMIC GROWTH AUTHORITY NOT TO EXCEED 10% OF THE COST OF THE QUALIFIED TAXPAYER'S ELIGIBLE INVESTMENT AS DETERMINED UNDER SUBSECTION (7) PAID OR ACCRUED BY THE QUALIFIED TAXPAYER ON AN ELIGIBLE PROPERTY. IF ELIGIBLE INVESTMENT EXCEEDS THE AMOUNT OF ELIGIBLE INVESTMENT IN THE PREAPPROVAL LETTER FOR THAT PROJECT, THE TOTAL OF ALL CREDITS FOR THE PROJECT SHALL NOT EXCEED THE TOTAL OF ALL CREDITS ON THE CERTIFICATE OF COMPLETION.
(2) IF THE COST OF A PROJECT WILL BE FOR $10,000,000.00 OR LESS, A TAXPAYER SHALL APPLY TO THE STATE TREASURER FOR APPROVAL OF THE PROJECT UNDER THIS SUBSECTION. THE STATE TREASURER SHALL APPROVE OR DENY THE PROJECT NOT MORE THAN 45 DAYS AFTER RECEIPT OF THE APPLICATION. IF THE STATE TREASURER DOES NOT APPROVE OR DENY AN APPLICATION WITHIN 45 DAYS AFTER HE OR SHE RECEIVES THE APPLICATION, THE APPLICATION IS CONSIDERED APPROVED AS WRITTEN. THE TOTAL OF ALL CREDITS FOR ALL PROJECTS APPROVED UNDER THIS SUBSECTION SHALL NOT EXCEED $30,000,000.00 IN ANY CALENDAR YEAR. THE STATE TREASURER SHALL USE THE CRITERIA IN SUBSECTION (5) WHEN APPROVING PROJECTS UNDER THIS SUBSECTION. WHEN APPROVING PROJECTS UNDER THIS SUBSECTION, THE STATE TREASURER SHALL GIVE PRIORITY TO PROJECTS ON A FACILITY. THE TOTAL OF ALL CREDITS FOR AN APPROVED PROJECT UNDER THIS SUBSECTION SHALL NOT EXCEED $1,000,000.00. A TAXPAYER MAY APPLY UNDER THIS SUBSECTION INSTEAD OF SUBSECTION (3) FOR APPROVAL OF A PROJECT THAT WILL BE FOR MORE THAN $10,000,000.00 BUT THE TOTAL OF ALL CREDITS FOR THAT PROJECT SHALL NOT EXCEED $1,000,000.00. IF THE STATE TREASURER APPROVES A PROJECT UNDER THIS SUBSECTION, THE STATE TREASURER SHALL ISSUE A PREAPPROVAL LETTER THAT STATES THAT THE TAXPAYER IS A QUALIFIED TAXPAYER; THE MAXIMUM TOTAL ELIGIBLE INVESTMENT FOR THE PROJECT ON WHICH CREDITS MAY BE CLAIMED AND THE MAXIMUM TOTAL OF ALL CREDITS FOR THE PROJECT WHEN THE PROJECT IS COMPLETED AND A CERTIFICATE OF COMPLETION IS ISSUED; AND THE PROJECT NUMBER ASSIGNED BY THE STATE TREASURER. IF A PROJECT IS DENIED UNDER THIS SUBSECTION, A TAXPAYER IS NOT PROHIBITED FROM SUBSEQUENTLY APPLYING UNDER THIS SUBSECTION OR SUBSECTION (3) FOR THE SAME PROJECT OR FOR ANOTHER PROJECT.
(3) IF THE COST OF A PROJECT WILL BE FOR MORE THAN $10,000,000.00 AND, EXCEPT AS PROVIDED IN SUBSECTION (4)(B), THE PROJECT IS LOCATED IN A QUALIFIED LOCAL GOVERNMENTAL UNIT, A TAXPAYER SHALL APPLY TO THE MICHIGAN ECONOMIC GROWTH AUTHORITY FOR APPROVAL OF THE PROJECT. THE MICHIGAN ECONOMIC GROWTH AUTHORITY SHALL APPROVE OR DENY THE PROJECT NOT MORE THAN 65 DAYS AFTER RECEIPT OF THE APPLICATION. A PROJECT UNDER THIS SUBSECTION SHALL NOT BE APPROVED WITHOUT THE CONCURRENCE OF THE STATE TREASURER. IF THE MICHIGAN ECONOMIC GROWTH AUTHORITY DOES NOT APPROVE OR DENY THE APPLICATION WITHIN 65 DAYS AFTER IT RECEIVES THE APPLICATION, THE MICHIGAN ECONOMIC GROWTH AUTHORITY SHALL SEND THE APPLICATION TO THE STATE TREASURER. THE STATE TREASURER SHALL APPROVE OR DENY THE APPLICATION WITHIN 5 DAYS AFTER RECEIPT OF THE APPLICATION. IF THE STATE TREASURER DOES NOT DENY THE APPLICATION WITHIN THE 5 DAYS AFTER RECEIPT OF THE APPLICATION, THE APPLICATION IS CONSIDERED APPROVED. THE MICHIGAN ECONOMIC GROWTH AUTHORITY SHALL APPROVE A LIMITED NUMBER OF PROJECTS UNDER THIS SUBSECTION DURING EACH CALENDAR YEAR AS PROVIDED IN SUBSECTION (4). THE MICHIGAN ECONOMIC GROWTH AUTHORITY SHALL USE THE CRITERIA IN SUBSECTION (5) WHEN APPROVING PROJECTS UNDER THIS SUBSECTION, WHEN DETERMINING THE TOTAL AMOUNT OF ELIGIBLE INVESTMENT, AND WHEN DETERMINING THE PERCENTAGE OF ELIGIBLE INVESTMENT FOR THE PROJECT TO BE USED TO CALCULATE A CREDIT. THE TOTAL OF ALL CREDITS FOR AN APPROVED PROJECT UNDER THIS SUBSECTION SHALL NOT EXCEED THE AMOUNT DESIGNATED IN THE PREAPPROVAL LETTER FOR THAT PROJECT. IF THE MICHIGAN ECONOMIC GROWTH AUTHORITY APPROVES A PROJECT UNDER THIS SUBSECTION, THE MICHIGAN ECONOMIC GROWTH AUTHORITY SHALL ISSUE A PREAPPROVAL LETTER THAT STATES THAT THE TAXPAYER IS A QUALIFIED TAXPAYER; THE PERCENTAGE OF ELIGIBLE INVESTMENT FOR THE PROJECT DETERMINED BY THE MICHIGAN ECONOMIC GROWTH AUTHORITY FOR PURPOSES OF SUBSECTION (1)(B); THE MAXIMUM TOTAL ELIGIBLE INVESTMENT FOR THE PROJECT ON WHICH CREDITS MAY BE CLAIMED AND THE MAXIMUM TOTAL OF ALL CREDITS FOR THE PROJECT WHEN THE PROJECT IS COMPLETED AND A CERTIFICATE OF COMPLETION IS ISSUED; AND THE PROJECT NUMBER ASSIGNED BY THE MICHIGAN ECONOMIC GROWTH AUTHORITY. THE MICHIGAN ECONOMIC GROWTH AUTHORITY SHALL SEND A COPY OF THE PREAPPROVAL LETTER TO THE DEPARTMENT. IF A PROJECT IS DENIED UNDER THIS SUBSECTION, A TAXPAYER IS NOT PROHIBITED FROM SUBSEQUENTLY APPLYING UNDER THIS SUBSECTION OR SUBSECTION (2) FOR THE SAME PROJECT OR FOR ANOTHER PROJECT.
(4) THE MICHIGAN ECONOMIC GROWTH AUTHORITY MAY APPROVE NOT MORE THAN 15 PROJECTS EACH CALENDAR YEAR UNDER SUBSECTION (3), AND THE FOLLOWING LIMITATIONS APPLY:
(A) OF THE 15 PROJECTS ALLOWED UNDER THIS SUBSECTION, THE TOTAL OF ALL CREDITS FOR EACH PROJECT MAY BE MORE THAN $10,000,000.00 BUT $30,000,000.00 OR LESS FOR UP TO 3 PROJECTS.
(B) OF THE 15 PROJECTS ALLOWED UNDER THIS SUBSECTION, UP TO 3 PROJECTS MAY BE APPROVED FOR PROJECTS THAT ARE NOT IN A QUALIFIED LOCAL GOVERNMENTAL UNIT IF THE PROPERTY IS A FACILITY FOR WHICH ELIGIBLE ACTIVITIES ARE IDENTIFIED IN A BROWNFIELD PLAN. FOR PURPOSES OF THIS SUBDIVISION, A FACILITY INCLUDES A BUILDING OR COMPLEX OF BUILDINGS THAT WAS USED BY A STATE OR FEDERAL AGENCY AND THAT IS NO LONGER BEING USED FOR THE PURPOSE FOR WHICH IT WAS USED BY THE STATE OR FEDERAL AGENCY.
(C) OF THE 3 PROJECTS ALLOWED UNDER SUBDIVISION (A), 1 MAY BE A PROJECT THAT ALSO QUALIFIES UNDER SUBDIVISION (B).
(5) THE MICHIGAN ECONOMIC GROWTH AUTHORITY SHALL REVIEW ALL APPLICATIONS FOR PROJECTS UNDER SUBSECTION (3) AND, IF AN APPLICATION IS APPROVED, SHALL DETERMINE THE MAXIMUM TOTAL OF ALL CREDITS FOR THAT PROJECT. BEFORE APPROVING A PROJECT FOR WHICH THE TOTAL OF ALL CREDITS WILL BE MORE THAN $10,000,000.00 BUT $30,000,000.00 OR LESS ONLY, THE MICHIGAN ECONOMIC GROWTH AUTHORITY SHALL DETERMINE THAT THE PROJECT WOULD NOT OCCUR IN THIS STATE WITHOUT THE TAX CREDIT OFFERED UNDER SUBSECTION (3), EXCEPT THAT THE MICHIGAN ECONOMIC GROWTH AUTHORITY MAY APPROVE 1 PROJECT THE CONSTRUCTION OF WHICH BEGAN AFTER JANUARY 1, 2000 AND BEFORE JANUARY 1, 2001 WITHOUT DETERMINING THAT THE ELIGIBLE INVESTMENT WOULD NOT OCCUR IN THIS STATE WITHOUT THE TAX CREDIT OFFERED UNDER THIS SECTION. THE MICHIGAN ECONOMIC GROWTH AUTHORITY SHALL CONSIDER THE FOLLOWING CRITERIA TO THE EXTENT REASONABLY APPLICABLE TO THE TYPE OF PROJECT PROPOSED WHEN APPROVING A PROJECT UNDER SUBSECTION (3) AND THE STATE TREASURER SHALL CONSIDER THE FOLLOWING CRITERIA TO THE EXTENT REASONABLY APPLICABLE TO THE TYPE OF PROJECT PROPOSED WHEN APPROVING A PROJECT UNDER SUBSECTION (2):
(A) THE OVERALL BENEFIT TO THE PUBLIC.
(B) THE EXTENT OF REUSE OF VACANT BUILDINGS AND REDEVELOPMENT OF BLIGHTED PROPERTY.
(C) CREATION OF JOBS.
(D) WHETHER THE ELIGIBLE PROPERTY IS IN AN AREA OF HIGH UNEMPLOYMENT.
(E) THE LEVEL AND EXTENT OF CONTAMINATION ALLEVIATED BY THE QUALIFIED TAXPAYER'S ELIGIBLE INVESTMENT TO THE EXTENT KNOWN TO THE QUALIFIED TAXPAYER.
(F) THE LEVEL OF PRIVATE SECTOR CONTRIBUTION.
(G) THE COST GAP THAT EXISTS BETWEEN THE SITE AND A SIMILAR GREENFIELD SITE AS DETERMINED BY THE MICHIGAN ECONOMIC GROWTH AUTHORITY.
(H) IF THE QUALIFIED TAXPAYER IS MOVING FROM ANOTHER LOCATION IN THIS STATE, WHETHER THE MOVE WILL CREATE A BROWNFIELD.
(I) WHETHER THE FINANCIAL STATEMENTS OF THE QUALIFIED TAXPAYER INDICATE THAT IT IS FINANCIALLY SOUND AND THAT THE PROJECT IS ECONOMICALLY SOUND.
(J) ANY OTHER CRITERIA THAT THE MICHIGAN ECONOMIC GROWTH AUTHORITY OR THE STATE TREASURER, AS APPLICABLE, CONSIDERS APPROPRIATE FOR THE DETERMINATION OF ELIGIBILITY UNDER SUBSECTION (2) OR (3).
(6) A QUALIFIED TAXPAYER MAY APPLY FOR PROJECTS UNDER SUBSECTION (2) OR (3) FOR ELIGIBLE INVESTMENT ON MORE THAN 1 ELIGIBLE PROPERTY IN A TAX YEAR. EACH PROJECT APPROVED AND EACH PROJECT FOR WHICH A CERTIFICATE OF COMPLETION IS ISSUED UNDER THIS SECTION SHALL BE FOR ELIGIBLE INVESTMENT ON 1 ELIGIBLE PROPERTY.
(7) WHEN A PROJECT UNDER SUBSECTION (2) OR (3) IS COMPLETED, THE TAXPAYER SHALL SUBMIT DOCUMENTATION THAT THE PROJECT IS COMPLETED, AN ACCOUNTING OF THE COST OF THE PROJECT, AND THE ELIGIBLE INVESTMENT OF EACH TAXPAYER IF THERE IS MORE THAN 1 TAXPAYER ELIGIBLE FOR A CREDIT FOR THE PROJECT. THE STATE TREASURER, FOR PROJECTS APPROVED UNDER SUBSECTION (2), OR THE MICHIGAN ECONOMIC GROWTH AUTHORITY, FOR PROJECTS APPROVED UNDER SUBSECTION (3), SHALL VERIFY THAT THE PROJECT IS COMPLETED. FOR PROJECTS APPROVED UNDER SUBSECTION (3), THE MICHIGAN ECONOMIC GROWTH AUTHORITY SHALL CONDUCT AN ON-SITE INSPECTION AS PART OF THE VERIFICATION PROCESS. WHEN THE COMPLETION OF THE PROJECT IS VERIFIED, A CERTIFICATE OF COMPLETION SHALL BE ISSUED TO EACH QUALIFIED TAXPAYER THAT HAS MADE ELIGIBLE INVESTMENT ON THAT ELIGIBLE PROPERTY. THE CERTIFICATE OF COMPLETION SHALL STATE THE TOTAL AMOUNT OF ALL CREDITS FOR THE PROJECT AND THAT TOTAL SHALL NOT EXCEED THE MAXIMUM TOTAL OF ALL CREDITS LISTED IN THE PREAPPROVAL LETTER FOR THE PROJECT UNDER SUBSECTION (2) OR (3) AS APPLICABLE AND SHALL STATE ALL OF THE FOLLOWING:
(A) THAT THE TAXPAYER IS A QUALIFIED TAXPAYER.
(B) THE TOTAL COST OF THE PROJECT AND THE ELIGIBLE INVESTMENT OF EACH QUALIFIED TAXPAYER.
(C) EACH QUALIFIED TAXPAYER'S CREDIT AMOUNT.
(D) THE QUALIFIED TAXPAYER'S FEDERAL EMPLOYER IDENTIFICATION NUMBER OR THE MICHIGAN TREASURY NUMBER ASSIGNED TO THE TAXPAYER.
(E) THE PROJECT NUMBER.
(F) FOR A PROJECT APPROVED UNDER SUBSECTION (3) FOR WHICH THE TOTAL OF ALL CREDITS IS MORE THAN $10,000,000.00 BUT $30,000,000.00 OR LESS, THE TOTAL OF ALL CREDITS AND THE SCHEDULE ON WHICH THE ANNUAL CREDIT AMOUNT SHALL BE CLAIMED BY THE QUALIFIED TAXPAYER.
(8) EXCEPT AS OTHERWISE PROVIDED IN THIS SECTION, QUALIFIED TAXPAYERS SHALL CLAIM CREDITS UNDER SUBSECTIONS (2) AND (3) IN THE TAX YEAR IN WHICH THE CERTIFICATE OF COMPLETION IS ISSUED. FOR A PROJECT APPROVED UNDER SUBSECTION (3) FOR WHICH THE TOTAL OF ALL CREDITS IS MORE THAN $10,000,000.00 BUT $30,000,000.00 OR LESS, THE QUALIFIED TAXPAYER SHALL CLAIM 10% OF ITS APPROVED CREDIT EACH YEAR FOR 10 YEARS.
(9) THE COST OF ELIGIBLE INVESTMENT FOR LEASED MACHINERY, EQUIPMENT, OR FIXTURES IS THE COST OF THAT PROPERTY HAD THE PROPERTY BEEN PURCHASED MINUS THE LESSOR'S ESTIMATE, MADE AT THE TIME THE LEASE IS ENTERED INTO, OF THE MARKET VALUE THE PROPERTY WILL HAVE AT THE END OF THE LEASE. A CREDIT FOR PROPERTY DESCRIBED IN THIS SUBSECTION IS ALLOWED ONLY IF THE COST OF THAT PROPERTY HAD THE PROPERTY BEEN PURCHASED AND THE LESSOR'S ESTIMATE OF THE MARKET VALUE AT THE END OF THE LEASE ARE PROVIDED TO THE STATE TREASURER OR THE MICHIGAN ECONOMIC GROWTH AUTHORITY, AS APPLICABLE.
(10) FOR CREDITS UNDER SUBSECTIONS (2) AND (3), CREDITS CLAIMED BY A LESSEE OF ELIGIBLE PROPERTY ARE SUBJECT TO THE TOTAL OF ALL CREDITS LIMITATION UNDER THIS SECTION.
(11) EACH QUALIFIED TAXPAYER AND ASSIGNEE UNDER SUBSECTION (16) OR (17) THAT CLAIMS A CREDIT UNDER SUBSECTION (1)(A) OR (B) SHALL ATTACH A COPY OF THE CERTIFICATE OF COMPLETION AND, IF THE CREDIT WAS ASSIGNED, A COPY OF THE ASSIGNMENT FORM PROVIDED FOR UNDER THIS SECTION TO THE ANNUAL RETURN FILED UNDER THIS ACT ON WHICH THE CREDIT UNDER SUBSECTION (2) OR (3) IS CLAIMED.
(12) EXCEPT AS OTHERWISE PROVIDED IN THIS SUBSECTION OR SUBSECTION (14), (16), OR (17), A CREDIT UNDER SUBSECTION (2) OR (3) SHALL BE CLAIMED IN THE TAX YEAR IN WHICH THE CERTIFICATE OF COMPLETION IS ISSUED TO THE QUALIFIED TAXPAYER. FOR A PROJECT DESCRIBED IN SUBSECTION (7)(F) FOR WHICH A SCHEDULE FOR CLAIMING ANNUAL CREDIT AMOUNTS IS DESIGNATED ON THE CERTIFICATE OF COMPLETION BY THE MICHIGAN ECONOMIC GROWTH AUTHORITY, THE ANNUAL CREDIT AMOUNT SHALL BE CLAIMED IN THE TAX YEAR SPECIFIED ON THE CERTIFICATE OF COMPLETION.
(13) THE CREDITS APPROVED UNDER THIS SECTION SHALL BE CALCULATED AFTER APPLICATION OF ALL OTHER CREDITS ALLOWED UNDER THIS ACT. THE CREDITS UNDER SUBSECTIONS (2) AND (3) SHALL BE CALCULATED BEFORE THE CALCULATION OF CREDITS UNDER SUBSECTIONS (19) TO (24) AND BEFORE THE CREDITS UNDER SECTIONS 37C AND 37D.
(14) IF THE CREDIT ALLOWED UNDER SUBSECTION (2) OR (3) FOR THE TAX YEAR AND ANY UNUSED CARRYFORWARD OF THE CREDIT ALLOWED UNDER SUBSECTION (2) OR (3) EXCEED THE QUALIFIED TAXPAYER'S OR ASSIGNEE'S TAX LIABILITY FOR THE TAX YEAR, THAT PORTION THAT EXCEEDS THE TAX LIABILITY FOR THE TAX YEAR SHALL NOT BE REFUNDED BUT MAY BE CARRIED FORWARD TO OFFSET TAX LIABILITY IN SUBSEQUENT TAX YEARS FOR 10 YEARS OR UNTIL USED UP, WHICHEVER OCCURS FIRST. EXCEPT AS OTHERWISE PROVIDED IN THIS SUBSECTION, THE MAXIMUM TIME ALLOWED UNDER THE CARRYFORWARD PROVISIONS UNDER THIS SUBSECTION BEGINS WITH THE TAX YEAR IN WHICH THE CERTIFICATE OF COMPLETION IS ISSUED TO THE QUALIFIED TAXPAYER. IF THE QUALIFIED TAXPAYER ASSIGNS ALL OR ANY PORTION OF ITS CREDIT APPROVED UNDER SUBSECTION (2) OR (3), THE MAXIMUM TIME ALLOWED UNDER THE CARRYFORWARD PROVISIONS FOR AN ASSIGNEE BEGINS TO RUN WITH THE TAX YEAR IN WHICH THE ASSIGNMENT IS MADE AND THE ASSIGNEE FIRST CLAIMS A CREDIT, WHICH SHALL BE THE SAME TAX YEAR. THE MAXIMUM TIME ALLOWED UNDER THE CARRYFORWARD PROVISIONS FOR AN ANNUAL CREDIT AMOUNT FOR A CREDIT ALLOWED UNDER SUBSECTION (3) BEGINS TO RUN IN THE TAX YEAR FOR WHICH THE ANNUAL CREDIT AMOUNT IS DESIGNATED ON THE CERTIFICATE OF COMPLETION ISSUED UNDER THIS SECTION.
(15) IF A PROJECT OR CREDIT UNDER SUBSECTION (2) OR (3) IS FOR THE ADDITION OF PERSONAL PROPERTY, IF THE COST OF THAT PERSONAL PROPERTY IS USED TO CALCULATE A CREDIT UNDER SUBSECTION (2) OR (3), AND IF THE PERSONAL PROPERTY IS SOLD OR DISPOSED OF OR TRANSFERRED FROM ELIGIBLE PROPERTY TO ANY OTHER LOCATION, THE QUALIFIED TAXPAYER THAT SOLD, DISPOSED OF, OR TRANSFERRED THE PERSONAL PROPERTY SHALL ADD THE SAME PERCENTAGE AS DETERMINED PURSUANT TO SUBSECTION (1) OF THE FEDERAL BASIS OF THE PERSONAL PROPERTY USED FOR DETERMINING GAIN OR LOSS AS OF THE DATE OF THE SALE, DISPOSITION, OR TRANSFER TO THE QUALIFIED TAXPAYER'S TAX LIABILITY AFTER APPLICATION OF ALL CREDITS UNDER THIS ACT FOR THE TAX YEAR IN WHICH THE SALE, DISPOSITION, OR TRANSFER OCCURS. IF A QUALIFIED TAXPAYER HAS AN UNUSED CARRYFORWARD OF A CREDIT UNDER SUBSECTION (2) OR (3), THE AMOUNT OTHERWISE ADDED UNDER THIS SUBSECTION TO THE QUALIFIED TAXPAYER'S TAX LIABILITY MAY INSTEAD BE USED TO REDUCE THE QUALIFIED TAXPAYER'S CARRYFORWARD UNDER SUBSECTION (14).
(16) FOR CREDITS UNDER SUBSECTIONS (2) AND (3) AND EXCEPT AS OTHERWISE PROVIDED IN THIS SUBSECTION, IF A QUALIFIED TAXPAYER PAYS OR ACCRUES ELIGIBLE INVESTMENT ON OR TO AN ELIGIBLE PROPERTY THAT IS LEASED FOR A MINIMUM TERM OF 10 YEARS TO ANOTHER TAXPAYER FOR USE IN A BUSINESS ACTIVITY, THE QUALIFIED TAXPAYER MAY ASSIGN ALL OR A PORTION OF THE CREDIT BASED ON THAT ELIGIBLE INVESTMENT TO THE LESSEE. A CREDIT ASSIGNMENT UNDER THIS SUBSECTION IS IRREVOCABLE AND SHALL BE MADE IN THE TAX YEAR IN WHICH THE CERTIFICATE OF COMPLETION IS ISSUED, UNLESS THE ASSIGNEE IS UNKNOWN. IF A QUALIFIED TAXPAYER WISHES TO ASSIGN ALL OR A PORTION OF ITS CREDIT TO A LESSEE BUT THE LESSEE IS UNKNOWN IN THE TAX YEAR IN WHICH THE CERTIFICATE OF COMPLETION IS ISSUED, THE QUALIFIED TAXPAYER MAY DELAY CLAIMING AND ASSIGNING THE CREDIT UNTIL THE FIRST TAX YEAR IN WHICH THE LESSEE IS KNOWN. A QUALIFIED TAXPAYER MAY CLAIM A PORTION OF A CREDIT AND ASSIGN THE REMAINING CREDIT AMOUNT. EXCEPT AS OTHERWISE PROVIDED IN THIS SUBSECTION, IF THE QUALIFIED TAXPAYER BOTH CLAIMS AND ASSIGNS PORTIONS OF THE CREDIT, THE QUALIFIED TAXPAYER SHALL CLAIM THE PORTION IT CLAIMS IN THE TAX YEAR IN WHICH THE CERTIFICATE OF COMPLETION IS ISSUED. IF A QUALIFIED TAXPAYER ASSIGNS ALL OR A PORTION OF THE CREDIT AND THE ELIGIBLE PROPERTY IS LEASED TO MORE THAN 1 TAXPAYER, THE QUALIFIED TAXPAYER SHALL PRORATE THE CREDIT TO EACH LESSEE. A LESSEE SHALL NOT SUBSEQUENTLY ASSIGN A CREDIT OR ANY PORTION OF A CREDIT ASSIGNED UNDER THIS SUBSECTION. THE CREDIT ASSIGNMENT UNDER THIS SUBSECTION SHALL BE MADE ON A FORM PRESCRIBED BY THE DEPARTMENT. THE QUALIFIED TAXPAYER SHALL SEND A COPY OF THE COMPLETED ASSIGNMENT FORM TO THE DEPARTMENT IN THE TAX YEAR IN WHICH THE ASSIGNMENT IS MADE. THE ASSIGNEE SHALL ATTACH A COPY OF THE COMPLETED ASSIGNMENT FORM TO ITS ANNUAL RETURN REQUIRED TO BE FILED UNDER THIS ACT, FOR THE TAX YEAR IN WHICH THE ASSIGNMENT IS MADE AND THE ASSIGNEE FIRST CLAIMS A CREDIT, WHICH SHALL BE THE SAME TAX YEAR. IN ADDITION TO ALL OTHER PROCEDURES UNDER THIS SUBSECTION, THE FOLLOWING APPLY IF THE TOTAL OF ALL CREDITS FOR A PROJECT IS MORE THAN $10,000,000.00 BUT $30,000,000.00 OR LESS:
(A) THE CREDIT SHALL BE ASSIGNED BASED ON THE SCHEDULE CONTAINED IN THE CERTIFICATE OF COMPLETION.
(B) IF THE QUALIFIED TAXPAYER ASSIGNS ALL OR A PORTION OF THE CREDIT AMOUNT, THE QUALIFIED TAXPAYER SHALL ASSIGN THE ANNUAL CREDIT AMOUNT FOR EACH TAX YEAR SEPARATELY.
(C) MORE THAN 1 ANNUAL CREDIT AMOUNT MAY BE ASSIGNED TO ANY 1 ASSIGNEE AND THE QUALIFIED TAXPAYER MAY ASSIGN ALL OR A PORTION OF EACH ANNUAL CREDIT AMOUNT TO ANY ASSIGNEE.
(D) THE QUALIFIED TAXPAYER SHALL NOT ASSIGN MORE THAN THE ANNUAL CREDIT AMOUNT FOR EACH TAX YEAR.
(17) IF A QUALIFIED TAXPAYER IS A PARTNERSHIP, LIMITED LIABILITY COMPANY, OR SUBCHAPTER S CORPORATION, THE QUALIFIED TAXPAYER MAY ASSIGN ALL OR A PORTION OF A CREDIT ALLOWED UNDER SUBSECTION (2) OR (3) TO ITS PARTNERS, MEMBERS, OR SHAREHOLDERS, BASED ON THEIR PROPORTIONATE SHARE OF OWNERSHIP OF THE PARTNERSHIP, LIMITED LIABILITY COMPANY, OR SUBCHAPTER S CORPORATION. A CREDIT ASSIGNMENT UNDER THIS SUBSECTION IS IRREVOCABLE AND SHALL BE MADE IN THE TAX YEAR IN WHICH A CERTIFICATE OF COMPLETION IS ISSUED. A QUALIFIED TAXPAYER MAY CLAIM A PORTION OF A CREDIT AND ASSIGN THE REMAINING CREDIT AMOUNT. IF THE QUALIFIED TAXPAYER BOTH CLAIMS AND ASSIGNS PORTIONS OF THE CREDIT, THE QUALIFIED TAXPAYER SHALL CLAIM THE PORTION IT CLAIMS IN THE TAX YEAR IN WHICH A CERTIFICATE OF COMPLETION IS ISSUED. A PARTNER, MEMBER, OR SHAREHOLDER THAT IS AN ASSIGNEE SHALL NOT SUBSEQUENTLY ASSIGN A CREDIT OR ANY PORTION OF A CREDIT ASSIGNED UNDER THIS SUBSECTION. THE CREDIT ASSIGNMENT UNDER THIS SUBSECTION SHALL BE MADE ON A FORM PRESCRIBED BY THE DEPARTMENT. THE QUALIFIED TAXPAYER SHALL SEND A COPY OF THE COMPLETED ASSIGNMENT FORM TO THE DEPARTMENT IN THE TAX YEAR IN WHICH THE ASSIGNMENT IS MADE. A PARTNER, MEMBER, OR SHAREHOLDER WHO IS AN ASSIGNEE SHALL ATTACH A COPY OF THE COMPLETED ASSIGNMENT FORM TO ITS ANNUAL RETURN REQUIRED UNDER THIS ACT, FOR THE TAX YEAR IN WHICH THE ASSIGNMENT IS MADE AND THE ASSIGNEE FIRST CLAIMS A CREDIT, WHICH SHALL BE THE SAME TAX YEAR. IN ADDITION TO ALL OTHER PROCEDURES UNDER THIS SUBSECTION, THE FOLLOWING APPLY IF THE TOTAL OF ALL CREDITS FOR A PROJECT IS MORE THAN $10,000,000.00 BUT $30,000,000.00 OR LESS:
(A) THE CREDIT SHALL BE ASSIGNED BASED ON THE SCHEDULE CONTAINED IN THE CERTIFICATE OF COMPLETION.
(B) IF THE QUALIFIED TAXPAYER ASSIGNS ALL OR A PORTION OF THE CREDIT AMOUNT, THE QUALIFIED TAXPAYER SHALL ASSIGN THE ANNUAL CREDIT AMOUNT FOR EACH TAX YEAR SEPARATELY.
(C) MORE THAN 1 ANNUAL CREDIT AMOUNT MAY BE ASSIGNED TO ANY 1 ASSIGNEE AND THE QUALIFIED TAXPAYER MAY ASSIGN ALL OR A PORTION OF EACH ANNUAL CREDIT AMOUNT TO ANY ASSIGNEE.
(D) THE QUALIFIED TAXPAYER SHALL NOT ASSIGN MORE THAN THE ANNUAL CREDIT AMOUNT FOR EACH TAX YEAR.
(18) A QUALIFIED TAXPAYER OR ASSIGNEE UNDER SUBSECTION (16) OR (17) SHALL NOT CLAIM A CREDIT UNDER SUBSECTION (1)(A) OR (B) BASED ON ELIGIBLE INVESTMENT ON WHICH A CREDIT CLAIMED UNDER SECTION 38D WAS BASED.
(19) IN ADDITION TO THE OTHER CREDITS ALLOWED UNDER THIS SECTION AND SECTIONS 37C AND 37D, FOR TAX YEARS THAT BEGIN AFTER DECEMBER 31, 1999 AND FOR A PERIOD OF TIME NOT TO EXCEED 20 YEARS AS DETERMINED BY THE MICHIGAN ECONOMIC GROWTH AUTHORITY, AN ELIGIBLE TAXPAYER MAY CREDIT AGAINST THE TAX IMPOSED BY SECTION 31 THE AMOUNT CERTIFIED EACH YEAR BY THE MICHIGAN ECONOMIC GROWTH AUTHORITY THAT IS 1 OF THE FOLLOWING:
(A) FOR AN ELIGIBLE BUSINESS UNDER SECTION 8(5)(A) OF THE MICHIGAN ECONOMIC GROWTH AUTHORITY ACT, 1995 PA 24, MCL 207.808, AN AMOUNT THAT IS NOT MORE THAN 50% OF 1 OR BOTH OF THE FOLLOWING AS DETERMINED BY THE MICHIGAN ECONOMIC GROWTH AUTHORITY:
(i) AN AMOUNT DETERMINED UNDER THE MICHIGAN ECONOMIC GROWTH AUTHORITY ACT, 1995 PA 24, MCL 207.801 TO 207.810, THAT DOES NOT EXCEED THE PAYROLL OF THE ELIGIBLE TAXPAYER ATTRIBUTABLE TO EMPLOYEES WHO PERFORM RETAINED JOBS MULTIPLIED BY THE TAX RATE FOR THE TAX YEAR.
(ii) THE TAX LIABILITY ATTRIBUTABLE TO THE ELIGIBLE TAXPAYER'S BUSINESS ACTIVITY MULTIPLIED BY A FRACTION THE NUMERATOR OF WHICH IS THE RATIO OF THE VALUE OF NEW CAPITAL INVESTMENT TO ALL OF THE TAXPAYER'S PROPERTY LOCATED IN THIS STATE PLUS THE RATIO OF THE TAXPAYER'S PAYROLL ATTRIBUTABLE TO RETAINED JOBS TO ALL OF THE TAXPAYER'S PAYROLL IN THIS STATE AND THE DENOMINATOR OF WHICH IS 2.
(B) FOR AN ELIGIBLE BUSINESS UNDER SECTION 8(5)(B) OF THE MICHIGAN ECONOMIC GROWTH AUTHORITY ACT, 1995 PA 24, MCL 207.808, AN AMOUNT THAT IS NOT MORE THAN 1 OR BOTH OF THE FOLLOWING AS DETERMINED BY THE MICHIGAN ECONOMIC GROWTH AUTHORITY:
(i) AN AMOUNT DETERMINED UNDER THE MICHIGAN ECONOMIC GROWTH AUTHORITY ACT, 1995 PA 24, MCL 207.801 TO 207.810, THAT DOES NOT EXCEED THE PAYROLL OF THE ELIGIBLE TAXPAYER ATTRIBUTABLE TO EMPLOYEES WHO PERFORM RETAINED JOBS MULTIPLIED BY THE TAX RATE FOR THE TAX YEAR.
(ii) THE TAX LIABILITY ATTRIBUTABLE TO ELIGIBLE TAXPAYER'S BUSINESS MULTIPLIED BY A FRACTION THE NUMERATOR OF WHICH IS THE RATIO OF THE VALUE OF CAPITAL INVESTMENT TO ALL OF THE TAXPAYER'S PROPERTY LOCATED IN THIS STATE PLUS THE RATIO OF THE TAXPAYER'S PAYROLL ATTRIBUTABLE TO RETAINED JOBS TO ALL OF THE TAXPAYER'S PAYROLL IN THIS STATE AND THE DENOMINATOR OF WHICH IS 2.
(20) AN ELIGIBLE TAXPAYER SHALL NOT CLAIM A CREDIT UNDER SUBSECTION (19) UNLESS THE MICHIGAN ECONOMIC GROWTH AUTHORITY HAS ISSUED A CERTIFICATE UNDER SECTION 9 OF THE MICHIGAN ECONOMIC GROWTH AUTHORITY ACT, 1995 PA 24, MCL 207.809, TO THE TAXPAYER. THE ELIGIBLE TAXPAYER SHALL ATTACH THE CERTIFICATE TO THE RETURN FILED UNDER THIS ACT ON WHICH A CREDIT UNDER SUBSECTION (19) IS CLAIMED.
(21) AN AFFILIATED GROUP AS DEFINED IN THIS ACT, A CONTROLLED GROUP OF CORPORATIONS AS DEFINED IN SECTION 1563 OF THE INTERNAL REVENUE CODE AND FURTHER DESCRIBED IN 26 C.F.R. 1.414 (b)-1 AND 1.414(c)-1 TO 1.414(c)-5, OR AN ENTITY UNDER COMMON CONTROL AS DEFINED BY THE INTERNAL REVENUE CODE SHALL CLAIM ONLY 1 CREDIT UNDER SUBSECTION (19) FOR EACH TAX YEAR BASED ON EACH WRITTEN AGREEMENT WHETHER OR NOT A COMBINED OR CONSOLIDATED RETURN IS FILED.
(22) A CREDIT SHALL NOT BE CLAIMED BY A TAXPAYER UNDER SUBSECTION (19) IF THE ELIGIBLE TAXPAYER'S INITIAL CERTIFICATION UNDER SECTION 9 OF THE MICHIGAN ECONOMIC GROWTH AUTHORITY ACT, 1995 PA 24, MCL 207.809, IS ISSUED AFTER DECEMBER 31, 2003.
(23) IF THE CREDIT ALLOWED UNDER SUBSECTION (19)(A)(ii) OR (19)(B)(ii) FOR THE TAX YEAR AND ANY UNUSED CARRYFORWARD OF THE CREDIT ALLOWED BY SUBSECTION (19)(A)(ii) OR (B)(ii) EXCEED THE TAXPAYER'S TAX LIABILITY FOR THE TAX YEAR, THAT PORTION THAT EXCEEDS THE TAX LIABILITY FOR THE TAX YEAR SHALL NOT BE REFUNDED BUT MAY BE CARRIED FORWARD TO OFFSET TAX LIABILITY IN SUBSEQUENT TAX YEARS FOR 10 YEARS OR UNTIL USED UP, WHICHEVER OCCURS FIRST.
(24) IF THE CREDIT ALLOWED UNDER SUBSECTION (19)(A)(i) OR (19)(B)(i) EXCEEDS THE TAX LIABILITY OF THE ELIGIBLE TAXPAYER FOR THE TAX YEAR, THE EXCESS SHALL BE REFUNDED TO THE ELIGIBLE TAXPAYER.
(25) AN ELIGIBLE TAXPAYER THAT CLAIMS A CREDIT UNDER SUBSECTION (1)(A) OR (B) IS NOT PROHIBITED FROM CLAIMING A CREDIT UNDER SUBSECTION (19). HOWEVER, THE ELIGIBLE TAXPAYER SHALL NOT CLAIM A CREDIT UNDER BOTH SUBSECTIONS (1)(A) OR (B) AND (19) BASED ON THE SAME COSTS.
(26) ELIGIBLE INVESTMENT ATTRIBUTABLE OR RELATED TO THE OPERATION OF A PROFESSIONAL SPORTS STADIUM, AND ELIGIBLE INVESTMENT THAT IS ASSOCIATED OR AFFILIATED WITH THE OPERATION OF A PROFESSIONAL SPORTS STADIUM, INCLUDING, BUT NOT LIMITED TO, THE OPERATION OF A PARKING LOT OR RETAIL STORE, SHALL NOT BE USED AS A BASIS FOR A CREDIT UNDER SUBSECTION (2) OR (3). PROFESSIONAL SPORTS STADIUM DOES NOT INCLUDE A PROFESSIONAL SPORTS STADIUM THAT WILL NO LONGER BE USED BY A PROFESSIONAL SPORTS TEAM ON AND AFTER THE DATE THAT AN APPLICATION RELATED TO THAT PROFESSIONAL SPORTS STADIUM IS FILED UNDER SUBSECTION (2) OR (3).
(27) ELIGIBLE INVESTMENT ATTRIBUTABLE OR RELATED TO THE OPERATION OF A CASINO, AND ELIGIBLE INVESTMENT THAT IS ASSOCIATED OR AFFILIATED WITH THE OPERATION OF A CASINO, INCLUDING, BUT NOT LIMITED TO, THE OPERATION OF A PARKING LOT, HOTEL, MOTEL, OR RETAIL STORE, SHALL NOT BE USED AS A BASIS FOR A CREDIT UNDER SUBSECTION (2) OR (3). AS USED IN THIS SUBSECTION, "CASINO" MEANS A CASINO REGULATED BY THIS STATE PURSUANT TO THE MICHIGAN GAMING CONTROL AND REVENUE ACT, THE INITIATED LAW OF 1996, MCL 432.201 TO 432.226.
(28) ELIGIBLE INVESTMENT ATTRIBUTABLE OR RELATED TO THE CONSTRUCTION OF A NEW LANDFILL OR THE EXPANSION OF AN EXISTING LANDFILL REGULATED UNDER PART 115 OF THE NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION ACT, 1994 PA 451, MCL 324.11501 TO 324.11550, SHALL NOT BE USED AS A BASIS FOR A CREDIT UNDER SUBSECTION (2) OR (3).
(29) THE DEPARTMENT ANNUALLY SHALL PREPARE AND SUBMIT TO THE HOUSE OF REPRESENTATIVES AND SENATE COMMITTEES RESPONSIBLE FOR TAX POLICY AND ECONOMIC DEVELOPMENT ISSUES A REPORT ON THE CREDITS UNDER SUBSECTION (2). THE REPORT SHALL INCLUDE, BUT IS NOT LIMITED TO, ALL OF THE FOLLOWING:
(A) A LISTING OF THE PROJECTS UNDER SUBSECTION (2) THAT WERE APPROVED IN THE CALENDAR YEAR.
(B) THE TOTAL AMOUNT OF ELIGIBLE INVESTMENT FOR PROJECTS APPROVED UNDER SUBSECTION (2) IN THE CALENDAR YEAR.
(30) AS USED IN THIS SECTION:
(A) "ANNUAL CREDIT AMOUNT" MEANS THE MAXIMUM AMOUNT THAT A QUALIFIED TAXPAYER IS ELIGIBLE TO CLAIM EACH TAX YEAR FOR A PROJECT FOR WHICH THE TOTAL OF ALL CREDITS IS MORE THAN $10,000,000.00 BUT $30,000,000.00 OR LESS, WHICH SHALL BE 10% OF THE QUALIFIED TAXPAYER'S CREDIT AMOUNT APPROVED UNDER SUBSECTION (3).
(B) "AUTHORITY" MEANS A BROWNFIELD REDEVELOPMENT AUTHORITY CREATED UNDER THE BROWNFIELD REDEVELOPMENT FINANCING ACT, 1996 PA 381, MCL 125.2651 TO 125.2672.
(C) "AUTHORIZED BUSINESS", "FULL-TIME JOB", "NEW CAPITAL INVESTMENT", "RETAINED JOBS", AND "WRITTEN AGREEMENT" MEAN THOSE TERMS AS DEFINED IN THE MICHIGAN ECONOMIC GROWTH AUTHORITY ACT, 1995 PA 24, MCL 207.801 TO 207.810.
(D) "BLIGHTED", "BROWNFIELD PLAN", "ELIGIBLE ACTIVITIES", "ELIGIBLE PROPERTY", "FACILITY", "FUNCTIONALLY OBSOLETE", AND "RESPONSE ACTIVITY" MEAN THOSE TERMS AS DEFINED IN THE BROWNFIELD REDEVELOPMENT FINANCING ACT, 1996 PA 381, MCL 125.2651 TO 125.2672.
(E) "ELIGIBLE INVESTMENT" MEANS DEMOLITION, CONSTRUCTION, RESTORATION, ALTERATION, RENOVATION, OR IMPROVEMENT OF BUILDINGS OR SITE IMPROVEMENTS ON ELIGIBLE PROPERTY AND THE ADDITION OF MACHINERY, EQUIPMENT, AND FIXTURES TO ELIGIBLE PROPERTY AFTER THE DATE THAT ELIGIBLE ACTIVITIES ON THAT ELIGIBLE PROPERTY HAVE STARTED PURSUANT TO A BROWNFIELD PLAN UNDER THE BROWNFIELD REDEVELOPMENT FINANCING ACT, 1996 PA 381, MCL 125.2651 TO 125.2672, AND AFTER THE DATE THAT THE PREAPPROVAL LETTER IS ISSUED, EXCEPT THAT THE DATE THAT THE PREAPPROVAL LETTER IS ISSUED IS NOT A LIMITATION FOR 1 PROJECT THE CONSTRUCTION OF WHICH BEGAN AFTER JANUARY 1, 2000 AND BEFORE JANUARY 1, 2001 WITHOUT THE MICHIGAN ECONOMIC GROWTH AUTHORITY DETERMINING THAT THE PROJECT WOULD NOT OCCUR IN THIS STATE WITHOUT THE TAX CREDIT OFFERED UNDER THIS SECTION AS PROVIDED IN SUBSECTION (5), IF THE COSTS OF THE ELIGIBLE INVESTMENT ARE NOT OTHERWISE REIMBURSED TO THE TAXPAYER OR PAID FOR ON BEHALF OF THE TAXPAYER FROM ANY SOURCE OTHER THAN THE TAXPAYER. THE ADDITION OF LEASED MACHINERY, EQUIPMENT, OR FIXTURES TO ELIGIBLE PROPERTY BY A LESSEE OF THE MACHINERY, EQUIPMENT, OR FIXTURES IS ELIGIBLE INVESTMENT IF THE LEASE OF THE MACHINERY, EQUIPMENT, OR FIXTURES HAS A MINIMUM TERM OF 10 YEARS OR IS FOR THE EXPECTED USEFUL LIFE OF THE MACHINERY, EQUIPMENT, OR FIXTURES, AND IF THE OWNER OF THE MACHINERY, EQUIPMENT, OR FIXTURES IS NOT THE QUALIFIED TAXPAYER WITH REGARD TO THAT MACHINERY, EQUIPMENT, OR FIXTURES.
(F) "ELIGIBLE TAXPAYER" MEANS AN ELIGIBLE BUSINESS THAT MEETS THE CRITERIA UNDER SECTION 8(5) OF THE MICHIGAN ECONOMIC GROWTH AUTHORITY ACT, 1995 PA 24, MCL 207.808.
(G) "MICHIGAN ECONOMIC GROWTH AUTHORITY" MEANS THE MICHIGAN ECONOMIC GROWTH AUTHORITY CREATED IN THE MICHIGAN ECONOMIC GROWTH AUTHORITY ACT, 1995 PA 24, MCL 207.801 TO 207.810.
(H) "PAYROLL" AND "TAX RATE" MEAN THOSE TERMS AS DEFINED IN SECTION 37C.
(I) "PERSONAL PROPERTY" MEANS THAT TERM AS DEFINED IN SECTION 8 OF THE GENERAL PROPERTY TAX ACT, 1893 PA 206, MCL 211.8, EXCEPT THAT PERSONAL PROPERTY DOES NOT INCLUDE EITHER OF THE FOLLOWING:
(i) PERSONAL PROPERTY DESCRIBED IN SECTION 8(H), (I), OR (J) OF THE GENERAL PROPERTY TAX ACT, 1893 PA 206, MCL 211.8.
(ii) BUILDINGS DESCRIBED IN SECTION 14(6) OF THE GENERAL PROPERTY TAX ACT, 1893 PA 206, MCL 211.14.
(J) "PROJECT" MEANS THE TOTAL OF ALL ELIGIBLE INVESTMENT ON AN ELIGIBLE PROPERTY OR, FOR PURPOSES OF SUBSECTION (4)(B), ALL ELIGIBLE INVESTMENT ON PROPERTY NOT IN A QUALIFIED LOCAL GOVERNMENTAL UNIT THAT IS A FACILITY.
(K) "QUALIFIED LOCAL GOVERNMENTAL UNIT" MEANS THAT TERM AS DEFINED IN THE OBSOLETE PROPERTY REHABILITATION ACT.
(l) "QUALIFIED TAXPAYER" MEANS A TAXPAYER THAT MEETS BOTH OF THE FOLLOWING CRITERIA:
(i) OWNS OR LEASES ELIGIBLE PROPERTY.
(ii) CERTIFIES THAT THE DEPARTMENT OF ENVIRONMENTAL QUALITY HAS NOT SUED OR ISSUED A UNILATERAL ORDER TO THE TAXPAYER PURSUANT TO PART 201 OF THE NATURAL RESOURCES AND ENVIRONMENTAL PROTECTION ACT, 1994 PA 451, MCL 324.20101 TO 324.20142, TO COMPEL RESPONSE ACTIVITY ON OR TO THE ELIGIBLE PROPERTY, OR EXPENDED ANY STATE FUNDS FOR RESPONSE ACTIVITY ON OR TO THE ELIGIBLE PROPERTY AND DEMANDED REIMBURSEMENT FOR THOSE EXPENDITURES FROM THE QUALIFIED TAXPAYER.
(M) "TAX LIABILITY ATTRIBUTABLE TO AUTHORIZED BUSINESS ACTIVITY" MEANS THE TAX LIABILITY IMPOSED BY THIS ACT AFTER THE CALCULATION OF CREDITS PROVIDED IN SECTIONS 36, 37, AND 39.
Enacting section 1. 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. 4400.
(b) House Bill No. 5443.
(c) House Bill No. 5444.
Second: That the Senate and House agree to the title of the bill to read as follows:
A bill to amend 1975 PA 228, entitled "An act to provide for the imposition, levy, computation, collection, assessment and enforcement, by lien or otherwise, of taxes on certain commercial, business, and financial activities; to prescribe the manner and times of making certain reports and paying taxes; to prescribe the powers and duties of public officers and state departments; to permit the inspection of records of taxpayers; to provide for interest and penalties on unpaid taxes; to provide exemptions, credits, and refunds; to provide penalties; to provide for the disposition of funds; to provide for the interrelation of this act with other acts; and to provide an appropriation," (MCL 208.1 to 208.145) by adding section 38g.
Bill Schuette
Joanne G. Emmons
Gary Peters
Conferees for the Senate
Valde Garcia
Bob Brown
Conferees for the House
The Speaker announced that under Joint Rule 9 the conference report would lie over one day.
Rep. Byl moved pursuant to Joint Rule 9, that the Journal printing requirement be suspended, printed copies of the conference report having been placed on the members' desks.
The motion prevailed.
The question being on the adoption of the conference report,
The conference report was then adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 425 Yeas--102
Allen Garza Kukuk Rison
Baird Geiger LaSata Rivet
Basham Gieleghem Law Rocca
Birkholz Gilbert Lemmons Sanborn
Bishop Godchaux Lockwood Schauer
Bogardus Gosselin Mans Scott
Bradstreet Green Martinez Scranton
Brater Hager Mead Shackleton
Brewer Hale Middaugh Sheltrown
Brown, B. Hanley Minore Shulman
Brown, C. Hansen Mortimer Spade
Byl Hardman Neumann Stallworth
Callahan Hart O'Neil Stamas
Cassis Howell Pappageorge Switalski
Caul Jacobs Patterson Tabor
Cherry Jamnick Perricone Tesanovich
Clark, I. Jansen Pestka Toy
Clarke, H. Jelinek Price Van Woerkom
Daniels Jellema Prusi Vander Roest
Dennis Johnson, Rick Pumford Vaughn
DeRossett Johnson, Ruth Quarles Vear
DeVuyst Julian Raczkowski Voorhees
DeWeese Kelly Reeves Wojno
Faunce Koetje Richardville Woodward
Frank Kowall Richner Woronchak
Garcia Kuipers
Nays--2
Bisbee LaForge
In The Chair: Patterson
Rep. Byl 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. 1008, entitled
A bill to amend 1995 PA 266, entitled "An act to authorize and regulate credit card transactions involving local units of government, including the use of credit cards by officers and employees of local units of government; and to provide for powers and duties of certain state and local agencies, officers, and employees," by amending section 1 (MCL 129.241).
The bill was read a second time.
Rep. Byl 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. Byl moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
______
Rep. Scott moved that Rep. Prusi be excused temporarily from today's session.
The motion prevailed.
Rep. Bob Brown moved that Rep. Thomas be excused temporarily from today's session.
The motion prevailed.
Rep. Kelly moved that Rep. LaForge 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. 1008, entitled
A bill to amend 1995 PA 266, entitled "An act to authorize and regulate credit card transactions involving local units of government, including the use of credit cards by officers and employees of local units of government; and to provide for powers and duties of certain state and local agencies, officers, and employees," by amending section 1 (MCL 129.241).
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 426 Yeas--102
Allen Garcia Kuipers Rison
Baird Garza Kukuk Rivet
Basham Geiger LaSata Rocca
Birkholz Gieleghem Law Sanborn
Bisbee Gilbert Lemmons Schauer
Bishop Godchaux Lockwood Scott
Bogardus Gosselin 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 Toy
Clark, I. Jelinek Pestka Van Woerkom
Clarke, H. Jellema Price Vander Roest
Daniels Johnson, Rick Pumford Vaughn
Dennis Johnson, Ruth Quarles Vear
DeRossett Julian Raczkowski Voorhees
DeVuyst Kelly Reeves Wojno
DeWeese Kilpatrick Richardville Woodward
Faunce Koetje Richner Woronchak
Frank Kowall
Nays--0
In The Chair: Patterson
The House agreed to the title of the bill.
Rep. Byl moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Second Reading of Bills
House Bill No. 4313, entitled
A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending section 3913 (MCL 500.3913), as added by 1992 PA 84.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Senior Health, Security and Retirement,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Reps. Tabor and DeHart moved to amend the bill as follows:
1. Amend page 2, line 12, by striking out all of subsection (3) and inserting:
"(3) A LONG-TERM CARE INSURANCE POLICY THAT PROVIDES COVERAGE FOR HOME CARE SERVICES OR ASSISTED LIVING SERVICES SHALL DEFINE AND PROVIDE A DETAILED EXPLANATION IN PLAIN ENGLISH OF WHAT HOME CARE SERVICES OR ASSISTED LIVING SERVICES ARE COVERED. A LONG-TERM CARE INSURANCE POLICY THAT PROVIDES COVERAGE FOR ASSISTED LIVING FACILITY STAYS SHALL DEFINE IN PLAIN ENGLISH WHAT ASSISTED LIVING FACILITIES ARE COVERED.".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Tabor 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. Byl 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. 4313, entitled
A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending section 3913 (MCL 500.3913), as added by 1992 PA 84.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 427 Yeas--104
Allen Garcia Kuipers Rison
Baird Garza Kukuk Rivet
Basham Geiger LaForge Rocca
Birkholz Gieleghem LaSata Sanborn
Bisbee Gilbert Law Schauer
Bishop Godchaux Lemmons Scott
Bogardus Gosselin Lockwood Scranton
Bradstreet Green Mans Shackleton
Brater Hager Martinez Sheltrown
Brewer Hale Mead Shulman
Brown, B. Hanley Middaugh 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
Dennis Johnson, Ruth Pumford Vaughn
DeRossett Julian Quarles Vear
DeVuyst Kelly Raczkowski Voorhees
DeWeese Kilpatrick Reeves Wojno
Faunce Koetje Richardville Woodward
Frank Kowall Richner Woronchak
Nays--0
In The Chair: Patterson
The House agreed to the title of the bill.
Rep. Byl moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Second Reading of Bills
House Bill No. 4128, entitled
A bill to provide for standards for contracts involving certain residential and care services; and to provide for remedies.
Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Senior Health, Security and Retirement,
The substitute (H-2) was adopted, a majority of the members serving voting therefor.
Rep. Hardman moved to amend the bill as follows:
1. Amend page 5, following line 2, by inserting:
"Sec. 7. A housing-with-services establishment shall not bring, maintain, or defend an action to collect compensation for the performance of a contract determined by a court to be in willful violation of or noncompliance with this act.".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Scranton moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed, a majority of the members voting therefor.
Rep. Byl 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. 4128, entitled
A bill to provide for standards for contracts involving certain residential and care services; and to provide for remedies.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 428 Yeas--103
Allen Garcia LaForge Rivet
Baird Garza LaSata Rocca
Basham Gieleghem Law Sanborn
Birkholz Gilbert Lemmons Schauer
Bisbee Godchaux Lockwood Scott
Bishop Gosselin Mans Scranton
Bogardus Green Martinez Shackleton
Bradstreet Hager Mead Sheltrown
Brater Hale Middaugh Shulman
Brewer Hansen Minore Spade
Brown, B. Hardman Mortimer Stallworth
Brown, C. Hart Neumann Stamas
Byl Howell O'Neil Switalski
Callahan Jacobs Pappageorge Tabor
Cassis Jamnick Patterson Tesanovich
Caul Jansen Perricone Thomas
Cherry Jelinek Pestka Toy
Clark, I. Jellema Price Van Woerkom
Clarke, H. Johnson, Rick Prusi Vander Roest
Daniels Johnson, Ruth Pumford Vaughn
Dennis Julian Quarles Vear
DeRossett Kilpatrick Raczkowski Voorhees
DeVuyst Koetje Reeves Wojno
DeWeese Kowall Richardville Woodward
Faunce Kuipers Richner Woronchak
Frank Kukuk Rison
Nays--0
In The Chair: Patterson
The House agreed to the title of the bill.
Rep. Byl moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Second Reading of Bills
House Bill No. 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.
Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Senior Health, Security and Retirement,
The substitute (H-2) was adopted, a majority of the members serving voting therefor.
Rep. Dennis moved to amend the bill as follows:
1. Amend page 9, line 15, after "ADMINISTRATION" by inserting a comma and "AND REPRESENTATIVES OF NURSING HOME RESIDENTS AND THEIR FAMILY MEMBERS".
The question being on the adoption of the amendment offered by Rep. Dennis,
Rep. Dennis demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Dennis,
The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 429 Yeas--50
Baird Garza Mans Rocca
Basham Gieleghem Martinez Schauer
Bogardus Hale Minore Scott
Brater Hanley Neumann Sheltrown
Brewer Hansen O'Neil Spade
Brown, B. Hardman Pestka Stallworth
Callahan Jacobs Price Switalski
Cherry Jamnick Prusi Tesanovich
Clark, I. Kelly Quarles Thomas
Clarke, H. Kilpatrick Reeves Vaughn
Daniels LaForge Rison Wojno
Dennis Lemmons Rivet Woodward
Frank Lockwood
Nays--54
Allen Geiger Koetje Richner
Birkholz Gilbert Kowall Sanborn
Bisbee Godchaux Kuipers Scranton
Bishop Gosselin Kukuk Shackleton
Bradstreet Green LaSata Shulman
Brown, C. Hager Law Stamas
Byl Hart Mead Tabor
Cassis Howell Middaugh Toy
Caul Jansen Mortimer Van Woerkom
DeRossett Jelinek Pappageorge Vander Roest
DeVuyst Jellema Patterson Vear
DeWeese Johnson, Rick Pumford Voorhees
Faunce Johnson, Ruth Richardville Woronchak
Garcia Julian
In The Chair: Patterson
Rep. Jacobs moved to amend the bill as follows:
1. Amend page 10, following line 10, by inserting:
"(19) A NURSING HOME SHALL POST THE EXECUTIVE SUMMARY OF THE NURSING HOME'S SURVEY IN A CONSPICUOUS PLACE WITHIN THE NURSING HOME FOR PUBLIC REVIEW.".
The question being on the adoption of the amendment offered by Rep. Jacobs,
Rep. Jacobs demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Jacobs,
The amendment was adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 430 Yeas--69
Baird Hager Lockwood Schauer
Basham Hale Mans Scott
Bogardus Hanley Martinez Shackleton
Brater Hansen Minore Sheltrown
Brewer Hardman Neumann Shulman
Brown, B. Howell O'Neil Spade
Callahan Jacobs Pappageorge Stallworth
Caul Jamnick Patterson Stamas
Cherry Jellema Pestka Switalski
Clark, I. Johnson, Ruth Price Tabor
Clarke, H. Julian Prusi Tesanovich
Daniels Kelly Raczkowski Thomas
Dennis Kilpatrick Reeves Van Woerkom
DeWeese Kowall Richardville Vaughn
Faunce Kuipers Rison Wojno
Frank LaForge Rivet Woodward
Garza Lemmons Rocca Woronchak
Gieleghem
Nays--35
Allen DeVuyst Johnson, Rick Pumford
Birkholz Geiger Koetje Richner
Bisbee Gilbert Kukuk Sanborn
Bishop Godchaux LaSata Scranton
Bradstreet Gosselin Law Toy
Brown, C. Green Mead Vander Roest
Byl Hart Middaugh Vear
Cassis Jansen Mortimer Voorhees
DeRossett Jelinek Perricone
In The Chair: Patterson
Rep. Green moved to amend the bill as follows:
1. Amend page 2, line 24, after "YEARS." by inserting "THE DEPARTMENT SHALL NOT USE THE REQUIREMENTS FOR LICENSED REGISTERED PROFESSIONAL NURSE SURVEYORS IMPOSED BY THE AMENDATORY ACT THAT ADDED THIS SENTENCE TO ADVERSELY AFFECT THE TERMS OR CONDITIONS OF EMPLOYMENT OF A LICENSED REGISTERED PROFESSIONAL NURSE SURVEYOR EMPLOYED BY OR UNDER CONTRACT TO THE DEPARTMENT ON OR BEFORE THE EFFECTIVE DATE OF THE AMENDATORY ACT THAT ADDED THIS SENTENCE.".
2. Amend page 6, line 8, after "SERVICES" by striking out "AND" and inserting "OR".
The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.
Rep. LaForge to amend the bill as follows:
1. Amend page 10, following line 10, following subsection (19), by inserting:
"Enacting section 1. This amendatory act shall not take effect unless House Bill No. 4159 of the 90th Legislature is enacted into law.".
The question being on the adoption of the amendment offered by Rep. LaForge,
Rep. LaForge demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. LaForge,
The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 431 Yeas--46
Baird Frank Lemmons Rison
Basham Garza Lockwood Schauer
Bogardus Gieleghem Mans Scott
Brater Hale Martinez Sheltrown
Brewer Hanley Minore Spade
Brown, B. Hansen Neumann Stallworth
Callahan Hardman O'Neil Switalski
Cherry Jacobs Price Thomas
Clark, I. Jamnick Prusi Vaughn
Clarke, H. Kelly Quarles Wojno
Daniels Kilpatrick Reeves Woodward
Dennis LaForge
Nays--56
Allen Gilbert Kowall Richner
Birkholz Godchaux Kuipers Rocca
Bisbee Gosselin Kukuk Sanborn
Bishop Green LaSata Scranton
Bradstreet Hager Law Shackleton
Brown, C. Hart Mead Shulman
Byl Howell Middaugh Stamas
Cassis Jansen Mortimer Tabor
Caul Jelinek Pappageorge Toy
DeRossett Jellema Patterson Van Woerkom
DeVuyst Johnson, Rick Perricone Vander Roest
DeWeese Johnson, Ruth Pumford Vear
Garcia Julian Raczkowski Voorhees
Geiger Koetje Richardville Woronchak
In The Chair: Patterson
______
Rep. Shackleton, having reserved the right to explain his nay vote, made the following statement:
"Mr. Speaker and members of the House:
The maker of the amendment has well described the merits of his separate legislation. If it does what the maker says it does, it sounds worthy of support. This amendment, though, tiebars an important bill before us with a newly introduced piece of legislation that needs to move through the committee process. I look forward to seeing the bill stand on it's own merit, but do not wish to impede the progress of the bill before us today."
Rep. Frank moved to amend the bill as follows:
1. Amend page 10, following line 10, by inserting:
"Enacting section 1. This amendatory act does not take effect unless House Bill No. 5725 of the 90th Legislature is enacted into law.".
The question being on the adoption of the amendment offered by Rep. Frank,
Rep. Frank demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Frank,
The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 432 Yeas--45
Baird Frank Lockwood Schauer
Basham Garza Mans Scott
Bogardus Gieleghem Martinez Sheltrown
Brater Hale Minore Spade
Brewer Hanley O'Neil Stallworth
Brown, B. Hansen Pestka Switalski
Callahan Hardman Price Tesanovich
Cherry Jacobs Prusi Thomas
Clark, I. Jamnick Reeves Vaughn
Clarke, H. Kelly Rison Wojno
Daniels Lemmons Rivet Woodward
Dennis
Nays--57
Allen Gilbert Kowall Richner
Birkholz Godchaux Kuipers Rocca
Bisbee Gosselin Kukuk Sanborn
Bishop Green LaSata Scranton
Bradstreet Hager Law Shackleton
Brown, C. Hart Mead Shulman
Byl Howell Middaugh Stamas
Cassis Jansen Mortimer Tabor
Caul Jelinek Pappageorge Toy
DeRossett Jellema Patterson Van Woerkom
DeVuyst Johnson, Rick Perricone Vander Roest
DeWeese Johnson, Ruth Pumford Vear
Faunce Julian Raczkowski Voorhees
Garcia Koetje Richardville Woronchak
Geiger
In The Chair: Patterson
______
Reps. Shackleton, Caul, Hager and Howell, having reserved the right to explain their nay vote, made the following statement:
"Mr. Speaker and members of the House:
The maker of the amendment has well described the merits of his separate legislation. If it does what the maker says it does, it sounds worthy of support. This amendment, though, tiebars an important bill before us with a newly introduced piece of legislation that needs to move through the committee process. I look forward to seeing the bill stand on it's own merit, but do not wish to impede the progress of the bill before us today."
Rep. Gieleghem moved to amend the bill as follows:
1. Amend page 1, line 5, after "consultation." by inserting "A VISIT MADE PURSUANT TO A COMPLAINT INVESTIGATION SHALL BE UNANNOUNCED.".
2. Amend page 1, line 5, after "a" by striking out the balance of the line through "(j)" on line 6 and inserting "COUNTY MEDICAL CARE FACILITY, A HOME FOR THE AGED, A NURSING HOME, AND A HOSPICE RESIDENCE".
3. Amend page 1, line 7, after "visits" by striking out "shall be" and inserting "THAT ARE NOT MADE PURSUANT TO A COMPLAINT ARE".
4. Amend page 1, line 8, after "unannounced" by striking out the balance of the line through "(j)" on line 1, page 2 and inserting a period and "IN ADDITION TO VISITS MADE PURSUANT TO A COMPLAINT INVESTIGATION, THE DEPARTMENT SHALL ANNUALLY MAKE AT LEAST 1 UNANNOUNCED VISIT TO EACH COUNTY MEDICAL CARE FACILITY AND HOSPICE RESIDENCE".
5. Amend page 3, line 1, after "consultation" by striking out the balance of the line through "department" on line 4 and inserting "AND AT LEAST ONCE MAKE AN UNANNOUNCED VISIT TO INSPECT EACH NURSING HOME LICENSED UNDER THIS ARTICLE, REGARDLESS OF WHETHER THE NURSING HOME IS CERTIFIED UNDER TITLE XVIII OR TITLE XIX.".
6. Amend page 6, line 7, after "(9)" by inserting "IN ADDITION TO THE INSPECTION CONDUCTED UNDER SUBSECTION (2),".
7. Amend page 6, line 10, after "a" by striking out the balance of the line through "(j)" on line 11 and inserting "COUNTY MEDICAL CARE FACILITY, A HOME FOR THE AGED, A NURSING HOME, OR A HOSPICE RESIDENCE".
8. Amend page 6, line 13, after "with" by inserting "INVESTIGATING OR".
9. Amend page 6, line 15, after "an" by inserting "INVESTIGATION OR AN".
10. Amend page 6, line 22, after "whether" by striking out "visits are" and inserting "A VISIT AND INSPECTION IS".
11. Amend page 6, line 23, after "at" by striking out "all visits," and inserting "EACH VISIT AND INSPECTION, WHETHER".
The question being on the adoption of the amendments offered by Rep. Gieleghem,
Rep. Gieleghem demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendments offered by Rep. Gieleghem,
The amendments were adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 433 Yeas--70
Baird Gieleghem Lemmons Rocca
Basham Hager Lockwood Schauer
Bogardus Hale Mans Scott
Brater Hanley Martinez Shackleton
Brewer Hansen Minore Sheltrown
Brown, B. Hardman Neumann Shulman
Byl Hart O'Neil Spade
Callahan Howell Patterson Stallworth
Caul Jacobs Pestka Stamas
Cherry Jamnick Price Switalski
Clark, I. Jellema Prusi Tesanovich
Clarke, H. Johnson, Ruth Quarles Thomas
Daniels Julian Raczkowski Van Woerkom
Dennis Kelly Reeves Vaughn
DeWeese Kilpatrick Richardville Wojno
Faunce Kowall Rison Woodward
Frank Kuipers Rivet Woronchak
Garza LaForge
Nays--35
Allen Garcia Koetje Richner
Birkholz Geiger Kukuk Sanborn
Bisbee Gilbert LaSata Scranton
Bishop Godchaux Law Tabor
Bradstreet Gosselin Mead Toy
Brown, C. Green Middaugh Vander Roest
Cassis Jansen Mortimer Vear
DeRossett Jelinek Pappageorge Voorhees
DeVuyst Johnson, Rick Pumford
In The Chair: Patterson
Rep. Green 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 Committee on Great Lakes and Tourism, by Rep. Shackleton, Chair, reported
House Bill No. 5690, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding sections 32610 and 32611.
With the recommendation that the substitute (H-1) be adopted and that the bill then pass.
The bill and substitute were referred to the order of Second Reading of Bills.
Favorable Roll Call
HB 5690 To Report Out:
Yeas: Reps. Shackleton, Van Woerkom, Birkholz, Hager, Gilbert, Kowall, Woronchak, Neumann, Clark, Hale, Rivet, Sheltrown,
Nays: None.
The Committee on Great Lakes and Tourism, by Rep. Shackleton, Chair, reported
House Bill No. 5691, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 32501, 32502, 32503, 32504, 32505, 32510, 32511, 32512, 32513, 32514, and 32515 (MCL 324.32501, 324.32502, 324.32503, 324.32504, 324.32505, 324.32510, 324.32511, 324.32512, 324.32513, 324.32514, and 324.32515), sections 32501, 32502, 32503, 32504, 32505, 32510, 32511, 32512, 32514, and 32515 as added by 1995 PA 59 and section 32513 as amended by 1999 PA 106, and by adding section 32510a and part 326.
With the recommendation that the substitute (H-2) be adopted and that the bill then pass.
The bill and substitute were referred to the order of Second Reading of Bills.
Favorable Roll Call
HB 5691 To Report Out:
Yeas: Reps. Shackleton, Van Woerkom, Birkholz, Hager, Gilbert, Kowall, Woronchak, Neumann, Clark, Hale, Rivet, Woodward,
Nays: Rep. Sheltrown.
The Committee on Great Lakes and Tourism, by Rep. Shackleton, Chair, reported
Senate Bill No. 1200, entitled
A bill to amend 1998 PA 58, entitled "Michigan liquor control code of 1998," (MCL 436.1101 to 436.2303) by adding section 514.
With the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
SB 1200 To Report Out:
Yeas: Reps. Shackleton, Van Woerkom, Birkholz, Hager, Gilbert, Kowall, Woronchak, Neumann, Clark, Hale, Lockwood, Rivet, Sheltrown, Woodward,
Nays: None.
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Shackleton, Chair of the Committee on Great Lakes and Tourism, was received and read:
Meeting held on: Thursday, May 18, 2000, at 10:30 a.m.,
Present: Reps. Shackleton, Van Woerkom, Birkholz, Hager, Gilbert, Kowall, Middaugh, Neumann, Clark, Hale, Lockwood, Rivet, Sheltrown, Woodward,
Absent: Reps. Bisbee, Richardville, Woronchak,
Excused: Reps. Bisbee, Richardville,Woronchak.
Second Reading of Bills
House Bill No. 5691, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 32501, 32502, 32503, 32504, 32505, 32510, 32511, 32512, 32513, 32514, and 32515 (MCL 324.32501, 324.32502, 324.32503, 324.32504, 324.32505, 324.32510, 324.32511, 324.32512, 324.32513, 324.32514, and 324.32515), sections 32501, 32502, 32503, 32504, 32505, 32510, 32511, 32512, 32514, and 32515 as added by 1995 PA 59 and section 32513 as amended by 1999 PA 106, and by adding section 32510a and part 326.
Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Great Lakes and Tourism,
The substitute (H-2) was adopted, a majority of the members serving voting therefor.
Rep. Scranton moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed, a majority of the members voting therefor.
Rep. Byl 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. 5691, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 32501, 32502, 32503, 32504, 32505, 32510, 32511, 32512, 32513, 32514, and 32515 (MCL 324.32501, 324.32502, 324.32503, 324.32504, 324.32505, 324.32510, 324.32511, 324.32512, 324.32513, 324.32514, and 324.32515), sections 32501, 32502, 32503, 32504, 32505, 32510, 32511, 32512, 32514, and 32515 as added by 1995 PA 59 and section 32513 as amended by 1999 PA 106, and by adding section 32510a and part 326.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 434 Yeas--97
Allen Garcia Kukuk Rison
Baird Garza LaSata Rivet
Basham Geiger Law Rocca
Birkholz Gilbert Lemmons Sanborn
Bisbee Godchaux Lockwood Schauer
Bishop Gosselin Mans Scott
Bogardus Green Martinez Scranton
Bradstreet Hager Mead Shackleton
Brater Hale Middaugh Shulman
Brewer Hanley Mortimer Spade
Brown, B. Hansen Neumann Stallworth
Brown, C. Hardman O'Neil Stamas
Byl Hart Pappageorge Tabor
Cassis Howell Patterson Tesanovich
Caul Jacobs Perricone Thomas
Cherry Jamnick Pestka Toy
Clark, I. Jansen Price Van Woerkom
Clarke, H. Jelinek Prusi Vander Roest
Daniels Johnson, Rick Pumford Vaughn
Dennis Johnson, Ruth Quarles Vear
DeRossett Julian Raczkowski Voorhees
DeVuyst Kilpatrick Reeves Wojno
DeWeese Koetje Richardville Woodward
Faunce Kowall Richner Woronchak
Frank
Nays--8
Callahan Jellema Kuipers Sheltrown
Gieleghem Kelly LaForge Switalski
In The Chair: Patterson
The House agreed to the title of the bill.
Rep. Byl moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Second Reading of Bills
House Bill No. 5690, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding sections 32610 and 32611.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Great Lakes and Tourism,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
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. Byl moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
______
Rep. Garza moved that Rep. Clark 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. 5690, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding sections 32610 and 32611.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 435 Yeas--99
Allen Geiger LaSata Rocca
Baird Gieleghem Law Sanborn
Basham Gilbert Lemmons Schauer
Birkholz Godchaux Lockwood Scott
Bisbee Gosselin Mans Scranton
Bishop Green Martinez Shackleton
Bradstreet Hager Mead Sheltrown
Brater Hale Middaugh Shulman
Brewer Hanley Minore Spade
Brown, B. Hansen Mortimer Stallworth
Brown, C. Hardman Neumann Stamas
Byl Hart O'Neil Switalski
Cassis Howell Pappageorge Tabor
Caul Jacobs Patterson Tesanovich
Cherry Jamnick Pestka Thomas
Clarke, H. Jansen Price Toy
Daniels Jelinek Prusi Van Woerkom
Dennis Jellema Pumford Vander Roest
DeRossett Johnson, Rick Quarles Vaughn
DeVuyst Johnson, Ruth Raczkowski Vear
DeWeese Julian Reeves Voorhees
Faunce Koetje Richardville Wojno
Frank Kowall Richner Woodward
Garcia Kuipers Rison Woronchak
Garza Kukuk Rivet
Nays--3
Callahan Kelly LaForge
In The Chair: Patterson
The House agreed to the title of the bill.
Rep. Byl moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Second Reading of Bills
The House returned to the consideration of
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 considered earlier today, see today's journal, p. 1059.)
Reps. Caul and Neumann moved to amend the bill as follows:
1. Amend page 1, after "THE PEOPLE OF THE STATE OF MICHIGAN ENACT:" by inserting:
"Sec. 20151. A licensee or certificate holder shall cooperate with the department in carrying out its responsibility under this article. The department may SHALL provide professional advice and consultation as to the quality of facility or agency aspects of health care and services provided by the applicant or licensee.".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Green 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. Byl 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. 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.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 436 Yeas--104
Allen Garza Kuipers Rison
Baird Geiger Kukuk Rivet
Basham Gieleghem LaForge Rocca
Birkholz Gilbert LaSata Sanborn
Bisbee Godchaux Law Schauer
Bishop Gosselin Lemmons Scott
Bogardus Green Lockwood Scranton
Bradstreet Hager Mans Shackleton
Brater Hale Martinez Sheltrown
Brewer Hanley Mead Shulman
Brown, B. Hansen Middaugh Spade
Brown, C. Hardman Minore Stallworth
Byl Hart Mortimer Stamas
Callahan Howell Neumann Switalski
Cassis Jacobs O'Neil Tabor
Caul Jamnick Pappageorge Tesanovich
Cherry Jansen Patterson Thomas
Clarke, H. Jelinek Pestka Toy
Daniels Jellema Price Van Woerkom
Dennis Johnson, Rick Prusi Vander Roest
DeRossett Johnson, Ruth Pumford Vaughn
DeVuyst Julian Quarles Vear
DeWeese Kelly Raczkowski Voorhees
Faunce Kilpatrick Reeves Wojno
Frank Koetje Richardville Woodward
Garcia Kowall Richner Woronchak
Nays--0
In The Chair: Patterson
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 1978 PA 368, entitled "Public health code," by amending sections 20151 and 20155 (MCL 333.20151 and 333.20155), section 20155 as amended by 1996 PA 267.
The motion prevailed.
The House agreed to the title as amended.
Rep. Byl moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Reps. Allen, Basham, Birkholz, Brewer, Cameron Brown, Callahan, Daniels, DeRossett, DeVuyst, Garza, Gieleghem, Hager, Hale, Hardman, Howell, Jelinek, Kelly, Koetje, Kuipers, Lemmons, Mans, Mead, Middaugh, Minore, O'Neil, Pappageorge, Patterson, Pestka, Price, Prusi, Quarles, Richardville, Scott, Shackleton, Stallworth, Tesanovich, Vaughn, Woodward and Woronchak were named co-sponsors of the bill.
By unanimous consent the House returned to the order of
Motions and Resolutions
Rep. Neumann moved that the Committee on Tax Policy be discharged from further consideration of House Bill No. 4831.
(For first notice see House Journal No. 45, p. 1032.)
The question being on the motion made by Rep. Neumann,
Rep. Neumann demanded the yeas and nays.
The demand was supported.
The question being on the motion made by Rep. Neumann,
Rep. Byl moved that consideration of the motion be postponed for the day.
The motion prevailed.
______
Rep. Byl moved that House Committees be given leave to meet during the balance of today's session.
The motion prevailed.
Rep. Byl moved that when the House adjourns today it stand adjourned until Tuesday, May 23, at 12:00 Noon.
The motion prevailed.
Reps. Vaughn, Hansen, Daniels, Scott, Jamnick, Hale, Rison, Martinez, Stallworth, Price, LaForge, Scranton, Bogardus, Clark, Garza, Hardman, Minore, Dennis, Cherry, Switalski, Kelly, Tesanovich, Schauer, Quarles, Clarke, Kilpatrick, Thomas, Lemmons, Rivet, Reeves, Baird, Brater and Prusi offered the following resolution:
House Resolution No. 355.
A resolution remembering the birthday of Malcolm X.
Whereas, It is a genuine pleasure to remember Malcolm X on what would have been his 75th birthday. Malcolm Little was born in Omaha, Nebraska, on May 19, 1925, and reborn by exposure to the power of Islam. Malcolm lived much of his life here in Lansing. He attended elementary school in Mason. After his release from prison in 1952, Malcolm Little became Malcolm X, follower of Mr. Elijah Muhammad, leader of the organization known as the Black Muslims. He later left the Nation of Islam to form his own organization, The Organization of Afro-American Unity (OAAU). This led him to become a world leader in the cause of freedom, justice, and equality for all humans; and
Whereas, Malcolm X evolved into what few humans ever become, a spiritual humanist. One who believed the human family is worthy of salvation, we must be in the vanguard of that movement to save the human family and humanity. We are grateful for this opportunity to join with the family and many friends of Malcolm X as we honor an individual who truly understood the beauty of life in its challenges and triumphs; and
Whereas, Malcolm X grew up in a world quite different in many ways from the one we know today. In the span of his lifetime, tremendous cultural, sociological, and technological changes have transpired here in Michigan and elsewhere. That Malcolm X lived and tasted life throughout that period gave him the insight, experience, and wisdom few of us can fully appreciate; and
Whereas, Long ago, Charles Dickens made an observation on aging that often seems applicable to people like Malcolm X, who have contributed a great deal to life around them. He said "Father Time is not always a hard parent, and, though he tarries for none of his children, he often lays his hand lightly on those who have used him well." The spirit of Malcolm X still lives; now, therefore, be it
Resolved by the House of Representatives, That we remember Malcolm X on what would have been his 75th birthday; and be it further
Resolved, That a copy of this resolution be transmitted to Malcolm X's daughter, Ms. Attallah Shabazz, as a token of our esteem.
Pending the reference of the resolution to a committee,
Rep. Raczkowski moved that Rule 77 be suspended and the resolution be considered at this time.
The motion prevailed, 3/5 of the members present voting therefor.
The question being on the adoption of the resolution,
The resolution was adopted.
Reports of Select Committees
House Bill No. 4400, entitled
A bill to amend 1996 PA 381, entitled "Brownfield redevelopment financing act," by amending sections 2, 3, 4, 5, 8, 13, 15, 16, and 19 (MCL 125.2652, 125.2653, 125.2654, 125.2655, 125.2658, 125.2663, 125.2665, 125.2666, and 125.2669).
(For text of conference report, see House Journal No. 45, p. 1024.)
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. 5443, entitled
A bill to amend 1995 PA 24, entitled "Michigan economic growth authority act," by amending the title and sections 3, 6, 7, and 8 (MCL 207.803, 207.806, 207.807, and 207.808) and by adding section 7a.
(For text of conference report, see House Journal No. 45, p. 1026.)
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. 5444, entitled
A bill to provide for the establishment of obsolete property rehabilitation districts in certain local governmental units; to provide for the exemption from certain taxes; to levy and collect a specific tax upon the owners of certain facilities; to provide for the disposition of the tax; to provide for the obtaining and transferring of an exemption certificate and to prescribe the contents of those certificates; to prescribe the powers and duties of certain local government officials; and to provide penalties.
(For text of conference report, see House Journal No. 45, p. 1027.)
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.
Announcement by the Clerk of Printing and Enrollment
The Clerk announced that the following bills had been printed and placed upon the files of the members, Tuesday, May 16:
Senate Bill Nos. 1271 1272 1273
The Clerk announced that the following bills and joint resolution had been printed and placed upon the files of the members, Wednesday, May 17:
Senate Bill Nos. 1267 1268 1269 1270 1275 1277 1279 1280
Senate Joint ResolutionT
The Clerk announced that the following bills had been printed and placed upon the files of the members, Thursday, May 18:
House Bill Nos. 5800 5801 5802 5803 5804 5805 5806 5807
The Clerk announced that the following Senate bills had been received on Thursday, May 18:
Senate Bill Nos. 944 1197 1224
By unanimous consent the House returned to the order of
Messages from the Senate
House Bill No. 5582, entitled
A bill to amend 1929 PA 313, entitled "An act to provide for the control and eradication of white pine blister rust; to provide for the destruction of trees, plants and bushes infected with white pine blister rust; to authorize the commissioner of agriculture to remove, appraise and pay for healthy host plants necessarily destroyed; to declare certain plants and bushes a public nuisance; to authorize the commissioner to set aside fruiting currant and gooseberry and white pine growing districts as control areas; to provide for co-operation between state departments; to authorize the promulgation of rules and regulations; to provide funds for carrying out the purposes of this act; and to provide penalties for its violation," by amending section 2 (MCL 286.102).
The Senate has passed the bill and ordered that it be given immediate effect.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 5592, entitled
A bill to amend 1913 PA 188, entitled "An act relating to the conduct of hotels, inns and public lodging houses," by repealing section 4 (MCL 427.4).
The Senate has passed the bill and ordered that it be given immediate effect.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 5593, entitled
A bill to amend 1913 PA 188, entitled "An act relating to the conduct of hotels, inns and public lodging houses," by repealing section 5 (MCL 427.5).
The Senate has passed the bill and ordered that it be given immediate effect.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 5595, entitled
A bill to repeal 1921 PA 350, entitled "An act to authorize and direct the state highway commissioner to lay out and establish a trunk line highway from a point on the boundary line between the states of Michigan and Indiana southwest to Mottville on the Elkhart road to Port Sanilac in Sanilac county, and from New Buffalo in Berrien county, through Buchanan, Niles, Cassopolis, Vandalia, Fabius, Three Rivers, Fishers' Lake, Mendon, Leonidas, Union City, Burlington, Tekonsha, Homer, Concord, Spring Arbor, to Jackson in Jackson county, passing through certain intermediate towns, villages and cities, to be known and designated as the Colgrove highway," (MCL 250.171).
The Senate has passed the bill and ordered that it be given immediate effect.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 5596, entitled
A bill to repeal 1919 PA 36, entitled "An act to regulate the planting of ornamental, nut bearing or other food producing trees along the highways of the state of Michigan, or in public places, and for the maintenance, protection and care of such trees and to provide a penalty for injury thereof, or for stealing the products thereof," (MCL 247.231 to 247.235).
The Senate has passed the bill and ordered that it be given immediate effect.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 5597, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by repealing sections 663, 664, 665, and 666 (MCL 257.663, 257.664, 257.665, and 257.666).
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. 5598, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 709 (MCL 257.709), as amended by 1988 PA 470.
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. 5600, entitled
A bill to repeal 1921 PA 340, entitled "An act to provide for the laying out, establishing, construction, improvement and maintenance of a public wagon road from the city of Monroe in Monroe county to the boundary line between the states of Ohio and Michigan, to designate the character and general location of such road, to define the powers and duties of the state highway commissioner with reference thereto and to provide for the payment of the cost thereof," (MCL 250.181).
The Senate has passed the bill and ordered that it be given immediate effect.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 5601, entitled
A bill to repeal 1962 PA 57, entitled "An act to authorize a bridge over the public navigable waters of Missaukee lake in Missaukee county," (MCL 254.351 to 254.352).
The Senate has passed the bill and ordered that it be given immediate effect.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 5602, entitled
A bill to repeal 1921 PA 324, entitled "An act to authorize and direct the state highway commissioner to lay out and establish a trunk line highway commencing at the section corner common to sections 15, 16, 21 and 22, town 14 north, range 7 west, Wheatland township, Mecosta county, thence running due north through the village of Barryton, Mecosta county, and the village of Marion, Osceola county, to the city of McBain in Missaukee county, thence due north on the township line between town 21 north, range 7 west, and 21 north, range 8 west, to the southwest corner to section 25, town 22 north, range 8 west," (MCL 250.151).
The Senate has passed the bill and ordered that it be given immediate effect.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 5603, entitled
A bill to repeal 1935 PA 147, entitled "An act authorizing the acquisition, improvement, construction, operation and maintenance of certain public works by the state; providing for the creation of the state bridge commission; authorizing the issuance of revenue bonds of the state payable solely from earnings to pay the cost of such works; making such bonds exempt from taxation and making them eligible for certain investments; providing for the collection of fees, rents, tolls and other charges for the payment of such bonds and for the cost of maintenance, operation and repair of the works; declaring that no debt of the state shall be incurred in the exercise of any of the powers granted by this act; and providing for condemnation," (MCL 254.151 to 254.167) and to repeal parts of acts.
The Senate has passed the bill and ordered that it be given immediate effect.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 5604, entitled
A bill to repeal 1947 PA 294, entitled "An act to enable the state bridge commission to sell certain real estate subject to certain limitations and to direct the disposition of the proceeds of said sale," (MCL 254.181).
The Senate has passed the bill and ordered that it be given immediate effect.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 5620, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 662 (MCL 257.662).
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. 5626, entitled
A bill to repeal 1921 PA 341, entitled "An act to authorize and direct the state highway commissioner to lay out and establish a trunk line highway from Paw Paw to Gobleville to Allegan," (MCL 250.161).
The Senate has passed the bill and ordered that it be given immediate effect.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 5631, entitled
A bill to repeal 1959 PA 82, entitled "An act to authorize a bridge over the public navigable waters of Crooked lake in Emmet county," (MCL 254.111 to 254.112).
The Senate has passed the bill and ordered that it be given immediate effect.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 5633, entitled
A bill to amend 1955 PA 162, entitled "An act to provide for the licensing and inspection of agricultural liming material and to regulate the sale thereof; and to prescribe penalties for the violations of the provisions of this act," by amending section 8 (MCL 290.538).
The Senate has passed the bill and ordered that it be given immediate effect.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 4664, entitled
A bill to amend 1933 PA 167, entitled "General sales tax act," (MCL 205.51 to 205.78) by adding section 10.
The Senate has amended the bill as follows:
1. Amend page 1, line 1, after "SEC. 10." by inserting "(1)".
2. Amend page 1, following line 8, by inserting:
"(2) IF A TAXPAYER TENDERS AN AMOUNT TO A BUYER UNDER SECTION 10A OF THE PRICING AND ADVERTISING OF CONSUMER ITEMS ACT, 1976 PA 449, M.C.L. 445.360A, THE TAXPAYER SHALL REFUND THE TAX LEVIED UNDER THIS ACT ON THE DIFFERENCE BETWEEN THE PRICE STAMPED OR AFFIXED TO THE ITEM AND THE PRICE CHARGED.".
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. 944, entitled
A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 1310 (MCL 380.1310), as added by 1999 PA 102.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Education.
Senate Bill No. 1197, 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 4 and 14 (MCL 445.1564 and 445.1574), section 14 as amended by 1998 PA 456.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Transportation.
Senate Bill No. 1224, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending section 16181 (MCL 333.16181), as amended by 1993 PA 80.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Health Policy.
Notices
I hereby give notice that on the next legislative session day I will move to discharge the Committee on Senior Health, Security and Retirement from further consideration of House Bill No. 4159.
Rep. LaForge
Introduction of Bills
Reps. Dennis, Bogardus, Woodward, Lockwood, Callahan, Jacobs and Wojno introduced
House Bill No. 5808, entitled
A bill to amend 1976 PA 451, entitled "The revised school code," (MCL 380.1 to 380.1852) by adding section 1531d.
The bill was read a first time by its title and referred to the Committee on Education.
Rep. Rick Johnson introduced
House Bill No. 5809, entitled
A bill to amend 1951 PA 51, entitled "An act to provide for the classification of all public roads, streets, and highways in this state, and for the revision of that classification and for additions to and deletions from each classification; to set up and establish the Michigan transportation fund; to provide for the deposits in the Michigan transportation fund of specific taxes on motor vehicles and motor vehicle fuels; to provide for the allocation of funds from the Michigan transportation fund and the use and administration of the fund for transportation purposes; to set up and establish the truck safety fund; to provide for the allocation of funds from the truck safety fund and administration of the fund for truck safety purposes; to set up and establish the Michigan truck safety commission; to establish certain standards for road contracts for certain businesses; to provide for the continuing review of transportation needs within the state; to authorize the state transportation commission, counties, cities, and villages to borrow money, issue bonds, and make pledges of funds for transportation purposes; to authorize counties to advance funds for the payment of deficiencies necessary for the payment of bonds issued under this act; to provide for the limitations, payment, retirement, and security of the bonds and pledges; to provide for appropriations and tax levies by counties and townships for county roads; to authorize contributions by townships for county roads; to provide for the establishment and administration of the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds; to provide for the deposits in the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds of money raised by specific taxes and fees; to provide for definitions of public transportation functions and criteria; to define the purposes for which Michigan transportation funds may be allocated; to provide for Michigan transportation fund grants; to provide for review and approval of transportation programs; to provide for submission of annual legislative requests and reports; to provide for the establishment and functions of certain advisory entities; to provide for conditions for grants; to provide for the issuance of bonds and notes for transportation purposes; to provide for the powers and duties of certain state and local agencies and officials; to provide for the making of loans for transportation purposes by the state transportation department and for the receipt and repayment by local units and agencies of those loans from certain specified sources; and to repeal acts and parts of acts," by amending sections 10, 10e, and 11 (MCL 247.660, 247.660e, and 247.661), sections 10 and 11 as amended by 1998 PA 308 and section 10e as amended by 1998 PA 87.
The bill was read a first time by its title and referred to the Committee on Transportation.
Reps. Bishop, Richardville, Rocca, Ehardt, Mortimer, Ruth Johnson, Garcia and Birkholz introduced
House Bill No. 5810, 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.
Reps. Richner, Richardville, Rocca, Ehardt, Mortimer, Ruth Johnson, Garcia and Birkholz introduced
House Bill No. 5811, entitled
A bill to permit the establishment and maintenance of the educational gift program; to provide for certain tax credits or deductions; to prescribe the requirements of and restrictions on the educational gift program; to prescribe the powers and duties of certain state departments and agencies; and to provide penalties and remedies.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Rep. Rick Johnson introduced
House Bill No. 5812, entitled
A bill to amend 1990 PA 271, entitled "Limousine transportation act," by amending sections 7 and 33 (MCL 257.1907 and 257.1933).
The bill was read a first time by its title and referred to the Committee on Transportation.
Rep. Shackleton introduced
House Bill No. 5813, entitled
A bill to amend 1954 PA 99, entitled "An act authorizing the international bridge authority of Michigan, created by Act No. 237 of the Public Acts of 1935, as amended, being sections 254.201 to 254.216, inclusive, of the Compiled Laws of 1948, to construct, maintain, repair and operate a bridge or tunnel project from the Upper Peninsula of Michigan to the province of Ontario, Canada, and providing for the acquisition and operation of the existing ferry system and buses in connection with such project; defining the powers and duties of the authority; granting to the authority power to acquire necessary real and personal property and to exercise the power of condemnation; providing for financing such project by the issuance of revenue bonds of the authority, payable solely from tolls and other revenues; providing that no debt of the state shall be incurred in the exercise of any such powers; providing for the collection of tolls and other revenues to pay such bonds and the interest thereon and the cost of maintenance, repair and operation of such project; exempting from taxes and assessments such project and such bonds and the income therefrom; authorizing the issuance of revenue refunding bonds; prescribing the rights and remedies of the holders of bonds issued under the provisions of this act; making an appropriation; and repealing certain acts and parts of acts," by amending the title and sections 1, 3, 4, 7, and 16 (MCL 254.221, 254.223, 254.224, 254.227, and 254.236), section 3 as amended by 1994 PA 44, and by adding section 3a; and to repeal acts and parts of acts.
The bill was read a first time by its title and referred to the Committee on Great Lakes and Tourism.
By unanimous consent the House returned to the order of
Reports of Standing Committees
The Committee on Constitutional Law and Ethics, by Rep. Bishop, Chair, reported
House Bill No. 5783, entitled
A bill to amend 1967 PA 281, entitled "Income tax act of 1967," (MCL 206.1 to 206.532) by adding section 267.
With the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
HB 5783 To Report Out:
Yeas: Reps. Bishop, Patterson, Bradstreet, Rocca, Vaughn,
Nays: None.
The Committee on Constitutional Law and Ethics, by Rep. Bishop, Chair, reported
House Bill No. 5784, entitled
A bill to amend 1967 PA 281, entitled "Income tax act of 1967," (MCL 206.1 to 206.532) by adding section 268.
With the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
HB 5784 To Report Out:
Yeas: Reps. Bishop, Patterson, Bradstreet, Rocca, Vaughn,
Nays: None.
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Bishop, Chair of the Committee on Constitutional Law and Ethics, was received and read:
Meeting held on: Wednesday, May 17, 2000, at 4:42 p.m.,
Present: Reps. Bishop, Patterson, Bradstreet, Rocca, Vaughn,
Absent: Reps. Green, Brater, Garza, Lemmons,
Excused: Reps. Green, Brater, Garza, Lemmons.
The Committee on Economic Development, by Rep. Garcia, Chair, reported
House Bill No. 5677, entitled
A bill to amend 1931 PA 328, entitled "The Michigan penal code," (MCL 750.1 to 750.568) by adding section 411r.
With the recommendation that the substitute (H-1) be adopted and that the bill then pass.
The bill and substitute were referred to the order of Second Reading of Bills.
Favorable Roll Call
HB 5677 To Report Out:
Yeas: Reps. Garcia, Bisbee, Richardville, Van Woerkom, Bob Brown, Lockwood, Mans, Vaughn,
Nays: None.
The Committee on Economic Development, by Rep. Garcia, Chair, reported
House Bill No. 5766, entitled
A bill to amend 1986 PA 281, entitled "The local development financing act," by amending sections 2, 4, 10, and 12 (MCL 125.2152, 125.2154, 125.2160, and 125.2162), section 2 as amended by 1998 PA 92 and sections 4, 10, and 12 as amended by 1993 PA 333, and by adding section 12a.
With the recommendation that the substitute (H-1) be adopted and that the bill then pass.
The bill and substitute were referred to the order of Second Reading of Bills.
Favorable Roll Call
HB 5766 To Report Out:
Yeas: Reps. Garcia, Bisbee, Richardville, Van Woerkom, Bob Brown, Lockwood, Mans, Vaughn,
Nays: None.
The Committee on Economic Development, by Rep. Garcia, Chair, reported
House Bill No. 5767, 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 2 (MCL 207.552), as amended by 1999 PA 140.
With the recommendation that the substitute (H-1) be adopted and that the bill then pass.
The bill and substitute were referred to the order of Second Reading of Bills.
Favorable Roll Call
HB 5767 To Report Out:
Yeas: Reps. Garcia, Bisbee, Richardville, Van Woerkom, Bob Brown, Lockwood, Mans, Vaughn,
Nays: None.
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Garcia, Chair of the Committee on Economic Development, was received and read:
Meeting held on: Wednesday, May 17, 2000, at 9:00 a.m.,
Present: Reps. Garcia, Kowall, Bisbee, Richardville, Van Woerkom, Bob Brown, Lockwood, Mans, Vaughn.
The Committee on Appropriations, by Rep. Geiger, Chair, reported
Senate Bill No. 965, entitled
A bill to make appropriations for the department of corrections and certain state purposes related to corrections for the fiscal year ending September 30, 2001; to provide for the expenditure of the appropriations; to provide for reports; to provide for the creation of certain advisory committees and boards; to prescribe certain powers and duties of the department of corrections, certain other state officers and agencies, and certain advisory committees and boards; to provide for the collection of certain funds; and to provide for the disposition of fees and other income received by certain state agencies.
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 965 To Report Out:
Yeas: Reps. Geiger, Cameron Brown, Byl, Godchaux, Jansen, Kukuk, LaSata, Mead, Mortimer, Pappageorge, Pumford, Stamas, Toy, Price, Cherry, Clarke, Frank, Pestka, Prusi, Stallworth, Tesanovich,
Nays: None.
The Committee on Appropriations, by Rep. Geiger, Chair, reported
Senate Bill No. 967, entitled
A bill to make appropriations for the state institutions of higher education and certain state purposes related to education for the fiscal year ending September 30, 2001; to provide for the expenditures of those appropriations; and to prescribe the powers and duties of certain state departments, institutions, agencies, employees, and officers.
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 967 To Report Out:
Yeas: Reps. Geiger, Cameron Brown, Byl, Caul, Godchaux, Jansen, Kukuk, LaSata, Mead, Mortimer, Pappageorge, Pumford, Stamas, Toy, Price, Frank, Pestka,
Nays: Reps. Cherry, Clarke, Prusi, Stallworth, Tesanovich.
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Geiger, Chair of the Committee on Appropriations, was received and read:
Meeting held on: Thursday, May 18, 2000, at 9:00 a.m.,
Present: Reps. Geiger, Jellema, Cameron Brown, Byl, Caul, Godchaux, Jansen, Jelinek, Kukuk, LaSata, Mead, Mortimer, Pappageorge, Pumford, Scranton, Stamas, Toy, Price, Cherry, Clarke, Frank, Kelly, Martinez, Pestka, Prusi, Stallworth, Tesanovich.
The Committee on Family and Civil Law, by Rep. Richner, Chair, reported
House Bill No. 5255, entitled
A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 1312 (MCL 380.1312), as amended by 1995 PA 289.
With the recommendation that the substitute (H-2) be adopted and that the bill then pass.
The bill and substitute were referred to the order of Second Reading of Bills.
Favorable Roll Call
HB 5255 To Report Out:
Yeas: Reps. Richner, Hart, Koetje, Law, Sanborn, Voorhees, Baird, Minore,
Nays: Rep. Switalski.
The Committee on Family and Civil Law, by Rep. Richner, Chair, reported
House Bill No. 5256, entitled
A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 81 (MCL 750.81), as amended by 1994 PA 64.
With the recommendation that the following amendment be adopted and that the bill then pass.
1. Amend page 2, line 25, after "USING" by inserting "NECESSARY".
The bill and amendment were referred to the order of Second Reading of Bills.
Favorable Roll Call
HB 5256 To Report Out:
Yeas: Reps. Richner, Hart, Koetje, Law, Sanborn, Voorhees, Baird, Minore, Switalski,
Nays: None.
The Committee on Family and Civil Law, by Rep. Richner, Chair, reported
House Bill No. 5624, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 675d and 742 (MCL 257.675d and 257.742), section 675d as amended by 1992 PA 230 and section 742 as amended by 1998 PA 68.
With the recommendation that the substitute (H-1) be adopted and that the bill then pass.
The bill and substitute were referred to the order of Second Reading of Bills.
Favorable Roll Call
HB 5624 To Report Out:
Yeas: Reps. Richner, Hart, Koetje, Sanborn, Voorhees, Baird, Minore, Switalski,
Nays: None.
The Committee on Family and Civil Law, by Rep. Richner, Chair, reported
House Bill No. 5672, 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," (MCL 691.1401 to 691.1415) by adding section 7a.
With the recommendation that the substitute (H-2) be adopted and that the bill then pass.
The bill and substitute were referred to the order of Second Reading of Bills.
Favorable Roll Call
HB 5672 To Report Out:
Yeas: Reps. Richner, Hart, Koetje, Law, Sanborn, Voorhees,
Nays: Reps. Baird, Minore, Switalski.
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Richner, Chair of the Committee on Family and Civil Law, was received and read:
Meeting held on: Thursday, May 18, 2000, at 9:00 a.m.,
Present: Reps. Richner, Shulman, Hart, Koetje, Law, Sanborn, Voorhees, Baird, Minore, Switalski,
Absent: Rep. Schermesser,
Excused: Rep. Schermesser.
The Committee on Education, by Rep. Allen, Chair, reported
House Bill No. 5693, entitled
A bill to amend 1976 PA 451, entitled "The revised school code," (MCL 380.1 to 380.1852) by adding section 1305.
With the recommendation that the substitute (H-2) be adopted and that the bill then pass.
The bill and substitute were referred to the order of Second Reading of Bills.
Favorable Roll Call
HB 5693 To Report Out:
Yeas: Reps. Allen, Ruth Johnson, Bradstreet, DeWeese, Hager, Hart, Rick Johnson, Kuipers, Van Woerkom, Voorhees, Spade,
Nays: Reps. Bogardus, Daniels, Gieleghem, Hansen, Scott.
The Committee on Education, by Rep. Allen, Chair, reported
Senate Bill No. 501, entitled
A bill to amend 1976 PA 451, entitled "The revised school code," (MCL 380.1 to 380.1852) by adding section 1237.
With the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
SB 501 To Report Out:
Yeas: Reps. Allen, Ruth Johnson, Bradstreet, Hager, Hart, Rick Johnson, Kuipers, Van Woerkom, Voorhees,
Nays: Reps. Bogardus, Spade.
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Allen, Chair of the Committee on Education, was received and read:
Meeting held on: Thursday, May 18, 2000, at 4:05 p.m.,
Present: Reps. Allen, Ruth Johnson, Bradstreet, DeWeese, Hager, Hart, Rick Johnson, Kuipers, Van Woerkom, Voorhees, Bogardus, Daniels, Gieleghem, Hansen, Scott, Spade,
Absent: Rep. Clark,
Excused: Rep. Clark.
The Committee on Health Policy, by Rep. Law, Chair, reported
House Bill No. 5573, entitled
A bill to amend 1980 PA 350, entitled "The nonprofit health care corporation reform act," by amending section 404 (MCL 550.1404), as amended by 1996 PA 516.
With the recommendation that the substitute (H-1) be adopted and that the bill then pass.
The bill and substitute were referred to the order of Second Reading of Bills.
Favorable Roll Call
HB 5573 To Report Out:
Yeas: Reps. Law, DeWeese, DeRossett, Gosselin, Green, Ruth Johnson, Raczkowski, Rocca, Vear,
Nays: Reps. Schauer, Baird, Dennis, Jacobs, Neumann, Reeves, Woodward.
The Committee on Health Policy, by Rep. Law, Chair, reported
House Bill No. 5574, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 20106, 20124, 20161, and 22205 (MCL 333.20106, 333.20124, 333.20161, and 333.22205), sections 20106 and 20161 as amended by 1996 PA 267 and section 22205 as amended by 1993 PA 88.
With the recommendation that the substitute (H-2) be adopted and that the bill then pass.
The bill and substitute were referred to the order of Second Reading of Bills.
Favorable Roll Call
HB 5574 To Report Out:
Yeas: Reps. Law, DeWeese, DeRossett, Gosselin, Green, Ruth Johnson, Raczkowski, Rocca, Vear,
Nays: Reps. Schauer, Baird, Dennis, Jacobs, Neumann, Reeves, Woodward.
The Committee on Health Policy, by Rep. Law, Chair, reported
House Bill No. 5575, entitled
A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending sections 102, 224, 240, and 2213 (MCL 500.102, 500.224, 500.240, and 500.2213), section 224 as amended by 1998 PA 121, section 240 as amended by 1987 PA 261, and section 2213 as added by 1996 PA 517, and by adding chapter 35; and to repeal acts and parts of acts.
With the recommendation that the substitute (H-2) be adopted and that the bill then pass.
The bill and substitute were referred to the order of Second Reading of Bills.
Favorable Roll Call
HB 5575 To Report Out:
Yeas: Reps. Law, DeWeese, DeRossett, Gosselin, Green, Ruth Johnson, Raczkowski, Rocca, Vear,
Nays: Reps. Schauer, Baird, Dennis, Jacobs, Neumann, Reeves, Woodward.
The Committee on Health Policy, by Rep. Law, Chair, reported
House Bill No. 5576, entitled
A bill to provide review of certain health care treatment adverse determinations; to provide for the review of review of health care coverage treatment adverse determinations by independent review organizations; to prescribe eligibility, powers, and duties of certain independent review organizations; to prescribe the powers and duties of certain health carriers; to prescribe the powers and duties of certain persons; to prescribe the powers and duties of certain state officials; to provide for the reporting of certain information; to provide fees; and to provide penalties for violations of this act.
With the recommendation that the substitute (H-3) be adopted and that the bill then pass.
The bill and substitute were referred to the order of Second Reading of Bills.
Favorable Roll Call
HB 5576 To Report Out:
Yeas: Reps. Law, DeWeese, DeRossett, Gosselin, Green, Ruth Johnson, Raczkowski, Rocca, Vear,
Nays: Reps. Schauer, Baird, Dennis, Jacobs, Neumann, Reeves, Woodward.
The Committee on Health Policy, by Rep. Law, Chair, reported
House Bill No. 5660, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 16221, 16226, 20165, 20201, 21515, and 22210 (MCL 333.16221, 333.16226, 333.20165, 333.20201, 333.21515, and 333.22210), sections 16221 and 16226 as amended by 2000 PA 29, section 20165 as amended by 1998 PA 108, section 20201 as amended by 1998 PA 88, and section 22210 as amended by 1993 PA 88, and by adding sections 16279 and 20195.
The committee recommended that the bill be referred to the Committee on Family and Civil Law.
Favorable Roll Call
HB 5660 To Report Out:
Yeas: Reps. Law, DeWeese, DeRossett, Gosselin, Green, Rocca, Vear, Schauer, Dennis, Jacobs, Woodward,
Nays: None.
The recommendation was concurred in and the bill was referred to the Committee on Family and Civil Law.
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Law, Chair of the Committee on Health Policy, was received and read:
Meeting held on: Thursday, May 18, 2000, at 10:30 a.m.,
Present: Reps. Law, DeWeese, DeRossett, Gosselin, Green, Ruth Johnson, Raczkowski, Rocca, Vear, Schauer, Baird, Dennis, Jacobs, Neumann, Reeves, Woodward,
Absent: Rep. Ehardt,
Excused: Rep. Ehardt.
The Committee on Energy and Technology, by Rep. Middaugh, Chair, reported
House Bill No. 5721, entitled
A bill to amend 1991 PA 179, entitled "Michigan telecommunications act," by amending sections 101 and 304 (MCL 484.2101 and 484.2304), as amended by 1995 PA 216, and by adding section 214.
With the recommendation that the substitute (H-4) be adopted and that the bill then pass.
The bill and substitute were referred to the order of Second Reading of Bills.
Favorable Roll Call
HB 5721 To Report Out:
Yeas: Reps. Middaugh, Bradstreet, Birkholz, Bisbee, Cassis, Garcia, Gosselin, Howell, Kowall, Kuipers, Richardville, Shulman, Shulman,
Nays: Reps. Thomas, Daniels, Quarles, Schauer, Woodward.
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Middaugh, Chair of the Committee on Energy and Technology, was received and read:
Meeting held on: Thursday, May 18, 2000, at 8:30 a.m.,
Present: Reps. Middaugh, Bradstreet, Birkholz, Bisbee, Cassis, Garcia, Gosselin, Howell, Kowall, Kuipers, Richardville, Shulman, Thomas, Bob Brown, Daniels, Hansen, Lemmons, Neumann, Quarles, Schauer, Woodward.
______
Rep. Jamnick moved that the House adjourn.
The motion prevailed, the time being 8:30 p.m.
Associate Speaker Pro Tempore Patterson declared the House adjourned until Tuesday, May 23, at 12:00 Noon.
GARY L. RANDALL
Clerk of the House of Representatives.