No. 33

JOURNAL OF THE HOUSE


House Chamber, Lansing, Wednesday, April 23, 1997.

2:00 p.m.

The House was called to order by the Speaker.

The roll was called by the Clerk of the House of Representatives, who announced that a quorum was present.

Agee--present

Alley--present

Anthony--present

Baade--excused

Baird--present

Bankes--present

Birkholz--present

Bobier--present

Bodem--present

Bogardus--present

Brackenridge--present

Brater--present

Brewer--present

Brown--present

Byl--present

Callahan--present

Cassis--present

Cherry--present

Ciaramitaro--present

Crissman--present

Cropsey--present

Curtis--present

Dalman--present

DeHart--present

DeVuyst--present

Dobb--present

Dobronski--present

Emerson--present

Fitzgerald--present

Frank--present

Freeman--present

Gagliardi--present

Galloway--present

Geiger--present

Gernaat--present

Gilmer--present

Gire--present

Godchaux--present

Goschka--present

Green--present

Griffin--present

Gubow--present

Gustafson--present

Hale--present

Hammerstrom--present

Hanley--present

Harder--present

Hertel--present

Hood--present

Horton--present

Jansen--present

Jaye--present

Jelinek--present

Jellema--present

Johnson--present

Kaza--present

Kelly--present

Kilpatrick--present

Kukuk--present

LaForge--present

Law--present

Leland--present

LeTarte--present

Llewellyn--present

London--present

Lowe--present

Mans--present

Martinez--present

Mathieu--present

McBryde--present

McManus--present

McNutt--present

Middaugh--present

Middleton--present

Murphy--present

Nye--present

Olshove--present

Owen--present

Oxender--present

Palamara--present

Parks--present

Perricone--present

Price--present

Profit--present

Prusi--present

Quarles--present

Raczkowski--present

Rhead--present

Richner--present

Rison--present

Rocca--present

Schauer--present

Schermesser--present

Schroer--present

Scott--present

Scranton--present

Sikkema--present

Stallworth--present

Tesanovich--present

Thomas--present

Varga--present

Vaughn--present

Voorhees--present

Walberg--present

Wallace--present

Wetters--present

Whyman--present

Willard--present

Wojno--present

e/d/s = entered during session

The Reverend Russell Carlson, Pastor, Forest Park Covenant Church, Norton Shores, offered the following invocation:

"O God, It is our privilege to be here today. We thank You for these people who have come to do Your work and to do the work here within the state of Michigan in representing the people. We thank You for what they give to the citizens of this state. We thank You for those who have given the gift of life in a time of great tragedy in their own lives so that people such as myself might have a second chance at living. We ask that You would give wisdom to the Representatives today as they go about the business of this House. We ask this in Jesus' name, Amen."

______

Rep. Dobronski moved that Rep. Baade be excused from today's session.

The motion prevailed.

Second Reading of Bills

House Bill No. 4309, 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, 1998; to make appropriations for state building authority rent and insurance; to provide for the expenditures of those appropriations; and to prescribe the powers and duties of certain state departments, institutions, agencies, and officers.

Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Appropriations,

The substitute (H-1) was adopted, a majority of the members serving voting therefor.

Rep. Gilmer moved to amend the bill as follows:

1. Amend page 22, line 16, by striking out all of section 416 and inserting:

"Sec. 416. It is the intent of the legislature that the appropriations in section 101 for university operations provide for an expansion of the undergraduate research opportunities at the following state research and doctoral universities:

(a) Michigan State University.

(b) Michigan Technological University.

(c) University of Michigan - Ann Arbor.

(d) Wayne State University.

(e) Western Michigan University.".

The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.

Rep. Brewer moved to amend the bill as follows:

1. Amend page 22, following line 23, by inserting:

"Sec. 417. The legislature shall reduce the appropriations in section 101 for a state institution of higher education by the amount expended by that state institution of higher education to fulfill an outstanding obligation of athletic personnel contracts before the end of the contract term.".

The question being on the adoption of the amendment offered by Rep. Brewer,

Rep. Gilmer demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendment offered by Rep. Brewer,

The amendment was adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 189 Yeas--59

Agee Frank Leland Schauer

Anthony Freeman Llewellyn Schermesser

Bodem Gagliardi Lowe Scott

Bogardus Goschka Mans Stallworth

Brewer Green McManus Tesanovich

Brown Griffin McNutt Thomas

Byl Gubow Murphy Varga

Callahan Hale Olshove Vaughn

Cassis Hanley Parks Voorhees

Cherry Harder Perricone Walberg

Cropsey Horton Prusi Wetters

Curtis Jansen Quarles Whyman

DeHart Jaye Raczkowski Willard

Dobb Kaza Rhead Wojno

Dobronski Kilpatrick Rocca

Nays--45

Alley Fitzgerald Kelly Nye

Baird Galloway Kukuk Owen

Bankes Geiger LaForge Oxender

Birkholz Gernaat Law Palamara

Bobier Gilmer LeTarte Price

Brackenridge Godchaux London Profit

Brater Gustafson Martinez Richner

Ciaramitaro Hammerstrom Mathieu Schroer

Crissman Jelinek McBryde Scranton

Dalman Jellema Middaugh Sikkema

DeVuyst Johnson Middleton Wallace

Emerson

In The Chair: Hertel

______

The Speaker called the Speaker Pro Tempore to the Chair.

Rep. Jaye moved to amend the bill as follows:

1. Amend page 10, following line 2, by inserting:

"Sec. 207. (1) Included in the appropriation in section 101 to each state institution of higher education is an amount equal to 10% of the entire operating budget for each state institution of higher education. This set-aside amount is the incentive for equal treatment grant. To be eligible to receive the set-aside amount under this grant, a state institution of higher education shall certify to the state budget director by October 1, 1997, that all of the following are true:

(a) That the state institution does not and will not use funds appropriated in section 101 to implement an admissions policy that includes any quota, set-aside, numerical goal, timetable, extension of application deadlines, grade adjustment, or other objective based on race, color, religion, sex, or national origin.

(b) That the state institution of higher education does not and will not use funds appropriated in section 101 for scholarships, employment, or contracts that are based on any quota, set-aside, numerical goal, timetable, grade adjustment, or other objective based on race, color, religion, sex, or national origin.

(2) By October 15, 1997, the state budget director shall allocate any remaining funding under the incentive for equal treatment grant among the eligible institutions pro rata to the total amount described in subsection (1) for all eligible institutions. The incentive for equal treatment grant funding shall be paid out of the state treasury in the same manner and time as provided in section 202.".

The question being on the adoption of the amendment offered by Rep. Jaye,

Rep. Jaye demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendment offered by Rep. Jaye,

The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:

Roll Call No. 190 Yeas--42

Birkholz Gernaat Kukuk Perricone

Bodem Goschka Llewellyn Raczkowski

Brackenridge Green Lowe Rhead

Cassis Gustafson McBryde Richner

Crissman Hammerstrom McManus Rocca

Cropsey Horton McNutt Scranton

Dalman Jansen Middaugh Sikkema

DeVuyst Jaye Middleton Voorhees

Dobb Jelinek Nye Walberg

Galloway Jellema Oxender Whyman

Geiger Kaza

Nays--63

Agee Fitzgerald Kilpatrick Quarles

Alley Frank LaForge Rison

Anthony Freeman Leland Schauer

Baird Gagliardi LeTarte Schermesser

Bankes Gilmer London Schroer

Bobier Gire Mans Scott

Bogardus Godchaux Martinez Stallworth

Brater Griffin Mathieu Tesanovich

Brown Gubow Murphy Thomas

Byl Hale Olshove Varga

Callahan Hanley Owen Vaughn

Cherry Harder Palamara Wallace

Ciaramitaro Hertel Parks Wetters

Curtis Hood Price Willard

DeHart Johnson Profit Wojno

Dobronski Kelly Prusi

In The Chair: Murphy

Rep. Gilmer moved to amend the bill as follows:

1. Amend page 22, following line 23, following section 417, by inserting:

"Sec. 418. No state funds shall be used by any state university to undertake a collaborative effort with any other university that would have the effect of increasing its enrollment of first-time professional law degree seeking students.".

The question being on the adoption of the amendment offered by Rep. Gilmer,

Rep. Gilmer demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendment offered by Rep. Gilmer,

The amendment was adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 191 Yeas--81

Agee Fitzgerald Kukuk Quarles

Anthony Frank LaForge Raczkowski

Baird Freeman Law Richner

Bankes Galloway Leland Rison

Birkholz Geiger LeTarte Rocca

Bobier Gernaat London Schauer

Bodem Gire Lowe Schermesser

Bogardus Godchaux Mans Schroer

Brackenridge Green Mathieu Scranton

Brater Griffin McBryde Sikkema

Brown Gubow McNutt Stallworth

Byl Gustafson Middaugh Thomas

Callahan Harder Middleton Varga

Cassis Horton Nye Vaughn

Cherry Jansen Olshove Voorhees

Crissman Jaye Oxender Walberg

Cropsey Jelinek Palamara Wetters

Curtis Jellema Perricone Whyman

Dalman Johnson Profit Willard

DeVuyst Kaza Prusi Wojno

Dobb

Nays--20

Alley Goschka Kilpatrick Price

Ciaramitaro Hale Llewellyn Rhead

DeHart Hammerstrom Martinez Scott

Dobronski Hanley Murphy Tesanovich

Gagliardi Kelly Parks Wallace

In The Chair: Murphy

Rep. Walberg moved to amend the bill as follows:

1. Amend page 22, following line 23, following section 418, by inserting:

"Sec. 419. To be eligible to receive funding appropriated in section 101 for special maintenance, a state university must certify to the state budget director by October 1, 1997, that the university does not extend employee benefits, other than prenatal and postnatal care, to the unmarried partners of the university's employees.".

The question being on the adoption of the amendment offered by Rep. Walberg,

Rep. Walberg demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendment offered by Rep. Walberg,

The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:

Roll Call No. 192 Yeas--52

Birkholz Goschka Law Oxender

Bodem Green LeTarte Palamara

Brackenridge Griffin Llewellyn Perricone

Brown Gustafson London Raczkowski

Callahan Hammerstrom Lowe Rhead

Cassis Harder Mans Richner

Cropsey Horton McBryde Rocca

Dalman Jansen McManus Scranton

DeVuyst Jaye McNutt Sikkema

Fitzgerald Jelinek Middaugh Voorhees

Frank Jellema Middleton Walberg

Geiger Kaza Nye Whyman

Gernaat Kukuk Olshove Wojno

Nays--52

Agee Dobronski Kelly Rison

Anthony Freeman Kilpatrick Schauer

Baird Gagliardi LaForge Schermesser

Bankes Galloway Leland Schroer

Bobier Gilmer Martinez Scott

Bogardus Gire Mathieu Stallworth

Brater Godchaux Murphy Tesanovich

Brewer Gubow Owen Thomas

Cherry Hale Parks Varga

Crissman Hanley Price Vaughn

Curtis Hertel Profit Wallace

DeHart Hood Prusi Wetters

Dobb Johnson Quarles Willard

In The Chair: Murphy

Rep. Cassis moved to amend the bill as follows:

1. Amend page 22, following line 23, following section 418, by inserting:

"Sec. 419. (1) Included in the appropriation in section 101 to each state university is an amount that is greater by 3% than that appropriated for the fiscal year ending September 30, 1997. This increased funding is the Michigan legislative tuition restraint initiative. To be eligible to receive the increased funding under this initiative, a state university shall certify to the state budget director by October 1, 1997, that the increase in required annual tuition and fees for upper and lower division resident undergraduate students as established by the university's board of control for the 1997-98 academic year, is not greater than the projected increase in the Detroit consumer price index, as determined by the May 1997 consensus revenue conference established under section 367b of the management and budget act, 1984 PA 431, MCL 18.1367b, or 3%, whichever is greater.

(2) By October 15, 1997, the state budget director shall allocate any remaining funding under the Michigan legislative tuition restraint initiative among the eligible universities pro rata to the total appropriations in section 101 for all eligible universities. The Michigan legislative tuition restraint initiative funding shall be paid out of the state treasury in the same manner and time as provided in section 202.".

The question being on the adoption of the amendment offered by Rep. Cassis,

Rep. Cassis demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendment offered by Rep. Cassis,

The amendment was adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 193 Yeas--90

Alley Freeman Kukuk Prusi

Anthony Galloway LaForge Quarles

Baird Geiger Leland Raczkowski

Bankes Gernaat Llewellyn Rhead

Birkholz Gilmer London Richner

Bobier Godchaux Lowe Rison

Bodem Goschka Mans Rocca

Bogardus Green Mathieu Schauer

Brackenridge Gustafson McBryde Schermesser

Brown Hammerstrom McManus Scott

Byl Hanley McNutt Scranton

Callahan Harder Middaugh Sikkema

Cassis Hertel Middleton Stallworth

Cherry Hood Murphy Tesanovich

Crissman Horton Nye Thomas

Cropsey Jansen Olshove Vaughn

Dalman Jaye Owen Walberg

DeHart Jelinek Oxender Wallace

DeVuyst Jellema Palamara Wetters

Dobb Johnson Parks Whyman

Dobronski Kaza Perricone Willard

Fitzgerald Kelly Price Wojno

Frank Kilpatrick

Nays--10

Agee Gubow LeTarte Profit

Brater Hale Martinez Schroer

Curtis Law

In The Chair: Murphy

Rep. Crissman moved to amend the bill as follows:

1. Amend page 10, following line 2, by inserting:

"Sec. 207. A state institution of higher education shall not use funds appropriated in section 101 to adjust a test score, use a different cut-off score, or otherwise alter the results of a test on the basis of religion, race, color, national origin, or sex for the purpose of selecting or referring an applicant or candidate for employment or a current administrator or employee for promotion at that state institution of higher education.".

The question being on the adoption of the amendment offered by Rep. Crissman,

Rep. Crissman demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendment offered by Rep. Crissman,

The amendment was adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 194 Yeas--81

Alley Dobb Horton Nye

Anthony Dobronski Jansen Olshove

Bankes Fitzgerald Jaye Oxender

Birkholz Frank Jelinek Palamara

Bobier Freeman Jellema Perricone

Bodem Gagliardi Johnson Prusi

Bogardus Galloway Kaza Raczkowski

Brackenridge Geiger Kukuk Rhead

Brewer Gernaat Law Richner

Brown Gilmer LeTarte Rocca

Byl Gire Llewellyn Schauer

Callahan Godchaux London Schermesser

Cassis Goschka Lowe Scranton

Cherry Green Mans Sikkema

Ciaramitaro Griffin Mathieu Tesanovich

Crissman Gubow McBryde Voorhees

Cropsey Gustafson McManus Walberg

Curtis Hammerstrom McNutt Whyman

Dalman Harder Middaugh Willard

DeHart Hertel Middleton Wojno

DeVuyst

Nays--26

Agee Kelly Parks Stallworth

Baird Kilpatrick Price Thomas

Brater LaForge Profit Varga

Emerson Leland Quarles Vaughn

Hale Martinez Rison Wallace

Hanley Murphy Scott Wetters

Hood Owen

In The Chair: Murphy

Rep. Dalman moved to amend the bill as follows:

1. Amend page 22, following line 23, following section 419, by inserting:

"Sec. 420. (1) An institution receiving funding under this act and also subject to the student right-to-know and campus security act, Public Law 101-522, 104 Stat. 2381, shall furnish by September 1, 1997 to the Michigan department of education, a copy of all material prepared pursuant to the public information reporting requirements under the crime awareness and campus security act of 1990, title II of the student right-to-know and campus security act, Public Law 101-542, 104 Stat. 2381.

(2) The Michigan department of education shall compile and make this information available in written and electronic Internet format for school districts, parents, and students.".

The question being on the adoption of the amendment offered by Rep. Dalman,

Rep. Dalman demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendment offered by Rep. Dalman,

The amendment was adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 195 Yeas--106

Agee Freeman Kilpatrick Profit

Alley Gagliardi Kukuk Prusi

Anthony Galloway LaForge Quarles

Baird Geiger Law Raczkowski

Bankes Gernaat Leland Rhead

Birkholz Gilmer LeTarte Richner

Bobier Gire Llewellyn Rison

Bodem Godchaux London Rocca

Bogardus Goschka Lowe Schauer

Brackenridge Green Mans Schermesser

Brater Griffin Martinez Schroer

Brewer Gubow Mathieu Scott

Brown Gustafson McBryde Scranton

Byl Hale McManus Sikkema

Callahan Hammerstrom McNutt Stallworth

Cassis Hanley Middaugh Tesanovich

Cherry Harder Middleton Thomas

Ciaramitaro Hertel Murphy Varga

Crissman Hood Nye Vaughn

Cropsey Horton Olshove Voorhees

Curtis Jansen Owen Walberg

Dalman Jaye Oxender Wallace

DeHart Jelinek Palamara Wetters

Dobb Jellema Parks Whyman

Dobronski Johnson Perricone Willard

Fitzgerald Kaza Price Wojno

Frank Kelly

Nays--0

In The Chair: Murphy

Rep. McBryde moved to amend the bill as follows:

1. Amend page 2, line 17, by striking out "70,563,782" and inserting "74,330,534".

2. Amend page 2, line 20, by striking out "71,401,248" and inserting "75,168,000".

3. Amend page 2, line 22, by striking out "71,401,248" and inserting "75,168,000".

4. Amend page 2, line 24, by striking out "75,788,767" and inserting "77,624,195".

5. Amend page 3, line 1, by striking out "76,673,372" and inserting "78,508,800".

6. Amend page 3, line 3, by striking out "76,673,372" and inserting "78,508,800".

7. Amend page 3, line 12, by striking out "45,626,770" and inserting "48,062,305".

8. Amend page 3, line 14, by striking out "46,167,165" and inserting "48,602,700".

9. Amend page 3, line 16, by striking out "46,167,165" and inserting "48,602,700".

10. Amend page 3, line 18, by striking out "12,477,002" and inserting "12,758,061".

11. Amend page 3, line 20, by striking out "12,642,941" and inserting "12,924,000".

12. Amend page 3, line 22, by striking out "12,642,941" and inserting "12,924,000".

13. Amend page 4, line 16, by striking out "41,596,547" and inserting "43,632,883".

14. Amend page 4, line 18, by striking out "42,218,914" and inserting "44,255,250".

15. Amend page 4, line 20, by striking out "42,218,914" and inserting "44,255,250".

16. Amend page 4, line 22, by striking out "22,187,337" and inserting "23,159,873".

17. Amend page 4, line 25, by striking out "22,435,114" and inserting "23,407,650".

18. Amend page 5, line 1, by striking out "22,435,114" and inserting "23,407,650".

19. Amend page 5, line 9, by striking out "22,847,657" and inserting "23,771,351".

20. Amend page 5, line 11, by striking out "23,214,306" and inserting "24,138,000".

21. Amend page 5, line 13, by striking out "23,214,306" and inserting "24,138,000".

22. Amend page 5, line 15, by striking out "19,470,946" and inserting "19,813,995".

23. Amend page 5, line 17, by striking out "20,262,451" and inserting "20,605,500".

24. Amend page 5, line 19, by striking out "20,262,451" and inserting "20,605,500" and adjusting the subtotals, totals, and section 201 accordingly.

The question being on the adoption of the amendments offered by Rep. McBryde,

Rep. McBryde demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendments offered by Rep. McBryde,

The amendments were not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:

Roll Call No. 196 Yeas--28

Bogardus DeVuyst Gustafson Owen

Brown Dobb Horton Profit

Cherry Frank Jansen Raczkowski

Crissman Gagliardi Kelly Rhead

Cropsey Geiger Mathieu Rison

Curtis Goschka McBryde Sikkema

DeHart Green Middleton Voorhees

Nays--79

Agee Gernaat Law Quarles

Alley Gilmer Leland Richner

Anthony Gire LeTarte Rocca

Baird Godchaux Llewellyn Schauer

Bankes Griffin London Schermesser

Birkholz Gubow Lowe Schroer

Bobier Hale Mans Scott

Bodem Hammerstrom Martinez Scranton

Brackenridge Hanley McManus Stallworth

Brater Harder McNutt Tesanovich

Brewer Hertel Middaugh Thomas

Byl Hood Murphy Varga

Callahan Jaye Nye Vaughn

Cassis Jelinek Olshove Walberg

Ciaramitaro Jellema Oxender Wallace

Dalman Johnson Palamara Wetters

Dobronski Kaza Parks Whyman

Fitzgerald Kilpatrick Perricone Willard

Freeman Kukuk Price Wojno

Galloway LaForge Prusi

In The Chair: Murphy

Rep. Gubow moved to amend the bill as follows:

1. Amend page 22, following line 23, following section 420, by inserting:

"Sec. 421. Central Michigan university shall report by April 1, 1998 and September 30, 1998, to the house and senate appropriations committees and the house and senate fiscal agencies, the following information on the activities and effectiveness of the higher education charter school center for which an appropriation is provided in section 101:

(a) Each public school academy provided assistance.

(b) The type of assistance provided.

(c) The result of the assistance provided.

(d) An itemized accounting of all revenues and expenditures of the center.".

The question being on the adoption of the amendment offered by Rep. Gubow,

Rep. Gubow demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendment offered by Rep. Gubow,

The amendment was adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 197 Yeas--57

Agee Emerson Kilpatrick Rocca

Alley Fitzgerald LaForge Schauer

Anthony Frank Leland Schermesser

Baird Gagliardi Mans Schroer

Bogardus Gire Martinez Scott

Brater Godchaux Mathieu Stallworth

Brewer Goschka Murphy Tesanovich

Brown Gubow Olshove Thomas

Callahan Hale Owen Varga

Cassis Hanley Palamara Vaughn

Cherry Harder Price Wallace

Ciaramitaro Hood Prusi Wetters

Curtis Jaye Quarles Willard

DeHart Kelly Rison Wojno

Dobronski

Nays--43

Bankes Geiger Kukuk Oxender

Birkholz Gernaat Law Perricone

Bobier Gilmer LeTarte Raczkowski

Bodem Green Llewellyn Rhead

Brackenridge Gustafson London Richner

Byl Hammerstrom Lowe Scranton

Crissman Horton McBryde Sikkema

Cropsey Jansen McManus Voorhees

DeVuyst Jelinek McNutt Walberg

Dobb Jellema Middaugh Whyman

Galloway Kaza Middleton

In The Chair: Murphy

Rep. Walberg moved to amend the bill as follows:

1. Amend page 22, following line 23, following section 421, by inserting:

"Sec. 422. Funds appropriated in section 101 shall not be used to extend employee benefits, other than prenatal and postnatal care, to the unmarried partners of the university's employees. The universities shall report by May 1, 1998, to the department of management and budget and the house and senate fiscal agencies their compliance with this section.".

The question being on the adoption of the amendment offered by Rep. Walberg,

Rep. Walberg demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendment offered by Rep. Walberg,

The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:

Roll Call No. 198 Yeas--51

Birkholz Geiger Kukuk Palamara

Bodem Gernaat Law Perricone

Brackenridge Goschka Llewellyn Raczkowski

Brown Green London Rhead

Byl Gustafson Lowe Richner

Callahan Hammerstrom Mans Rocca

Cassis Harder McBryde Scranton

Cropsey Horton McManus Sikkema

Curtis Jansen McNutt Voorhees

Dalman Jaye Middaugh Walberg

DeVuyst Jelinek Nye Whyman

Frank Jellema Olshove Wojno

Galloway Kaza Oxender

Nays--55

Agee Emerson Kilpatrick Rison

Alley Fitzgerald LaForge Schauer

Anthony Freeman Leland Schermesser

Baird Gagliardi LeTarte Schroer

Bankes Gilmer Martinez Scott

Bobier Gire Mathieu Stallworth

Brater Godchaux Middleton Tesanovich

Brewer Gubow Murphy Thomas

Cherry Hale Owen Varga

Ciaramitaro Hanley Parks Vaughn

Crissman Hertel Price Wallace

DeHart Hood Profit Wetters

Dobb Johnson Prusi Willard

Dobronski Kelly Quarles

In The Chair: Murphy

Rep. Perricone moved to amend the bill as follows:

1. Amend page 22, following line 23, following section 420, by inserting:

"Sec. 421. To be eligible to receive funding appropriated in section 101 for special maintenance, a state university must certify to the state budget director by October 1, 1997, that the percentage of out-of-state students attending does not exceed 30% of the undergraduate students attending the institution.".

The question being on the adoption of the amendment offered by Rep. Perricone,

Rep. Perricone demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendment offered by Rep. Perricone,

The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:

Roll Call No. 199 Yeas--50

Bankes Fitzgerald Kaza Perricone

Bodem Frank Kukuk Raczkowski

Bogardus Galloway Leland Rhead

Brewer Geiger LeTarte Rocca

Brown Goschka Llewellyn Scranton

Byl Green Lowe Sikkema

Callahan Gustafson McManus Tesanovich

Cassis Harder McNutt Voorhees

Crissman Horton Middaugh Walberg

Cropsey Jansen Middleton Whyman

Curtis Jaye Nye Willard

DeVuyst Jelinek Olshove Wojno

Dobb Johnson

Nays--53

Agee Godchaux London Quarles

Alley Griffin Mans Richner

Anthony Gubow Martinez Rison

Baird Hale Mathieu Schauer

Bobier Hammerstrom McBryde Schermesser

Brackenridge Hanley Murphy Schroer

Brater Hertel Owen Scott

Cherry Hood Oxender Stallworth

Dalman Jellema Palamara Thomas

DeHart Kelly Parks Varga

Dobronski Kilpatrick Price Vaughn

Freeman LaForge Profit Wallace

Gernaat Law Prusi Wetters

Gilmer

In The Chair: Murphy

Reps. Jaye, Jelinek, Geiger, DeVuyst, Voorhees, Rocca, Jansen, McManus, Birkholz, Cassis, Perricone, Goschka, Green, Horton, Kukuk, Cropsey, Raczkowski, Lowe, Kaza, Whyman and Llewellyn moved to amend the bill as follows:

1. Amend page 10, following line 2, following section 207, by inserting:

"Sec. 208. (1) Included in the appropriation in section 101 to each state institution of higher education is an amount equal to 10% of the appropriation to each state institution of higher education. This set-aside amount is the incentive for abortion-free health benefits grant. To be eligible to receive the set-aside amount under this grant, a state institution of higher education shall certify to the state budget director that all of the following are true:

(a) That the state institution does not and will not use funds appropriated in section 101 to purchase or secure health care benefits for employees of the institution or their dependents, which provide coverage in whole or part for abortion services, other than for spontaneous abortion or to prevent the death of the woman upon whom the abortion is performed, which are not included in a current collective bargaining agreement.

(b) The state institution eliminates through the collective bargaining process health care benefits which provides in whole or in part for abortion services, other than for spontaneous abortion or to prevent the death of the woman upon whom the abortion is performed.

(2) The state budget director shall allocate any remaining funding under the incentive for abortion-free health benefits grant among the eligible institutions pro rata to the total amount described in subdivision (a) for all eligible institutions. The incentive for abortion-free health benefits grant funding shall be paid out of the state treasury in the same manner and time as provided in section 202.".

The question being on the adoption of the amendment offered by Reps. Jaye, Jelinek, Geiger, DeVuyst, Voorhees, Rocca, Jansen, McManus, Birkholz, Cassis, Perricone, Goschka, Green, Horton, Kukuk, Cropsey, Raczkowski, Lowe, Kaza, Whyman and Llewellyn,

Rep. Jaye demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendment offered by Reps. Jaye, Jelinek, Geiger, DeVuyst, Voorhees, Rocca, Jansen, McManus, Birkholz, Cassis, Perricone, Goschka, Green, Horton, Kukuk, Cropsey, Raczkowski, Lowe, Kaza, Whyman and Llewellyn,

The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:

Roll Call No. 200 Yeas--51

Alley Geiger Kukuk Owen

Birkholz Gernaat Law Palamara

Bodem Goschka Llewellyn Perricone

Brown Green London Raczkowski

Byl Gustafson Lowe Rhead

Callahan Hammerstrom Mathieu Richner

Cassis Harder McBryde Rocca

Ciaramitaro Horton McManus Sikkema

Cropsey Jansen McNutt Voorhees

Dalman Jaye Middaugh Walberg

DeVuyst Jelinek Middleton Whyman

Frank Jellema Nye Wojno

Gagliardi Kaza Olshove

Nays--55

Agee Dobronski Kilpatrick Schauer

Anthony Emerson LaForge Schermesser

Baird Fitzgerald Leland Schroer

Bankes Freeman LeTarte Scott

Bobier Galloway Mans Scranton

Bogardus Gilmer Martinez Stallworth

Brackenridge Gire Murphy Tesanovich

Brater Godchaux Oxender Thomas

Brewer Gubow Parks Varga

Cherry Hale Price Vaughn

Crissman Hanley Profit Wallace

Curtis Hood Prusi Wetters

DeHart Johnson Quarles Willard

Dobb Kelly Rison

In The Chair: Murphy

Rep. Bogardus moved to amend the bill as follows:

1. Amend page 28, line 2, after "undergraduate" by inserting "and graduate".

The question being on the adoption of the amendment offered by Rep. Bogardus,

Rep. Curtis demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendment offered by Rep. Bogardus,

The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:

Roll Call No. 201 Yeas--33

Alley DeHart Jaye Rhead

Anthony Dobb Kilpatrick Rison

Bodem Frank Llewellyn Rocca

Bogardus Goschka Mans Scott

Brewer Gustafson Mathieu Voorhees

Brown Hanley Olshove Whyman

Callahan Harder Owen Willard

Crissman Jansen Quarles Wojno

Curtis

Nays--71

Baird Galloway LaForge Profit

Bankes Geiger Law Prusi

Birkholz Gernaat Leland Raczkowski

Bobier Gilmer LeTarte Richner

Brackenridge Gire London Schauer

Brater Godchaux Lowe Schermesser

Byl Green McBryde Schroer

Cassis Gubow McManus Scranton

Cherry Hale McNutt Sikkema

Ciaramitaro Hammerstrom Middaugh Stallworth

Cropsey Hertel Middleton Tesanovich

Dalman Hood Murphy Thomas

DeVuyst Horton Nye Varga

Dobronski Jelinek Oxender Vaughn

Emerson Jellema Palamara Walberg

Fitzgerald Johnson Parks Wallace

Freeman Kelly Perricone Wetters

Gagliardi Kukuk Price

In The Chair: Murphy

Rep. Wallace moved to amend the bill as follows:

1. Amend page 28, following line 6, by inserting:

"Sec. 709. To be eligible to receive funding appropriated in section 101, a state university must certify to the state budget director by October 1, 1997, that no artificial barriers exist for the purpose of selecting an individual for admission, or employment into that state institution.".

The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.

______

Rep. Brater moved that Rep. Schroer be excused from the balance of today's session.

The motion prevailed.

The Speaker resumed the Chair.

Reps. McManus, Goschka, Cropsey, Kukuk, Johnson, Bodem, Dalman, Llewellyn, Rhead, Perricone, Geiger, Hammerstrom, Birkholz, Law, Godchaux, Raczkowski, Jaye, Richner, Rocca, DeVuyst, Voorhees, Whyman, Horton, Galloway, Walberg, Jellema, Lowe, Sikkema, London and Oxender moved to amend the bill as follows:

1. Amend page 10, following line 2, following section 207, by inserting:

"Sec. 208. A state institution of higher education shall not use funds appropriated in section 101 to discriminate or grant preferential treatment based upon religion, race, color, national origin, or sex for the purpose of admissions or the granting of scholarships at that state institution of higher education.".

The question being on the adoption of the amendment offered by Reps. McManus, Goschka, Cropsey, Kukuk, Johnson, Bodem, Dalman, Llewellyn, Rhead, Perricone, Geiger, Hammerstrom, Birkholz, Law, Godchaux, Raczkowski, Jaye, Richner, Rocca, DeVuyst, Voorhees, Whyman, Horton, Galloway, Walberg, Jellema, Lowe, Sikkema, London and Oxender,

Rep. McManus demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendment offered by Reps. McManus, Goschka, Cropsey, Kukuk, Johnson, Bodem, Dalman, Llewellyn, Rhead, Perricone, Geiger, Hammerstrom, Birkholz, Law, Godchaux, Raczkowski, Jaye, Richner, Rocca, DeVuyst, Voorhees, Whyman, Horton, Galloway, Walberg, Jellema, Lowe, Sikkema, London and Oxender,

Rep. Perricone moved to amend the McManus, Goschka, Cropsey, Kukuk, Johnson, Bodem, Dalman, Llewellyn, Rhead, Perricone, Geiger, Hammerstrom, Birkholz, Law, Godchaux, Raczkowski, Jaye, Richner, Rocca, DeVuyst, Voorhees, Whyman, Horton, Galloway, Walberg, Jellema, Lowe, Sikkema, London and Oxender amendment as follows:

1. Amend the McManus amendment, page 10, following line 2, after "origin," by striking out "or sex" and inserting "gender, relationship to a financial contributor, or relationship to a political or public figure".

The question being on the adoption of the amendment offered by Rep. Perricone,

Rep. McManus demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendment offered by Rep. Perricone,

The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:

Roll Call No. 202 Yeas--48

Birkholz Geiger Kukuk Oxender

Bodem Gernaat LeTarte Perricone

Brackenridge Goschka Llewellyn Raczkowski

Byl Green London Rhead

Cassis Gustafson Lowe Richner

Crissman Hammerstrom McBryde Rocca

Cropsey Horton McManus Scranton

Curtis Jansen McNutt Sikkema

DeVuyst Jaye Middaugh Voorhees

Dobb Jelinek Middleton Walberg

Fitzgerald Johnson Nye Whyman

Galloway Kaza Olshove Willard

Nays--54

Agee DeHart Jellema Prusi

Alley Dobronski Kelly Quarles

Anthony Emerson Kilpatrick Rison

Baird Frank LaForge Schauer

Bankes Freeman Leland Schermesser

Bobier Gagliardi Mans Scott

Bogardus Gilmer Martinez Stallworth

Brater Gire Mathieu Tesanovich

Brewer Gubow Murphy Thomas

Brown Hale Owen Vaughn

Callahan Hanley Palamara Wallace

Cherry Harder Parks Wetters

Ciaramitaro Hertel Price Wojno

Dalman Hood

In The Chair: Hertel

Rep. Wallace moved to amend the McManus, Goschka, Cropsey, Kukuk, Johnson, Bodem, Dalman, Llewellyn, Rhead, Perricone, Geiger, Hammerstrom, Birkholz, Law, Godchaux, Raczkowski, Jaye, Richner, Rocca, DeVuyst, Voorhees, Whyman, Horton, Galloway, Walberg, Jellema, Lowe, Sikkema, London and Oxender amendment as follows:

1. Amend the McManus amendment, page 10, following line 2, after "origin," by striking out "or sex" and inserting "gender, athletic ability, musical ability, relationship to alumni, relationship to school employees, relationship to a financial contributor, or relationship to a political or public figure".

The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.

The question being on the adoption of the amendment offered previously by Reps. McManus, Goschka, Cropsey, Kukuk, Johnson, Bodem, Dalman, Llewellyn, Rhead, Perricone, Geiger, Hammerstrom, Birkholz, Law, Godchaux, Raczkowski, Jaye, Richner, Rocca, DeVuyst, Voorhees, Whyman, Horton, Galloway, Walberg, Jellema, Lowe, Sikkema, London and Oxender,

The amendment was adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 203 Yeas--61

Birkholz Frank Johnson Oxender

Bobier Galloway Kaza Palamara

Bodem Geiger Kukuk Perricone

Bogardus Gernaat Law Raczkowski

Brackenridge Gilmer Llewellyn Rhead

Brewer Godchaux London Richner

Brown Goschka Lowe Rocca

Callahan Green Mans Schauer

Cassis Gustafson McBryde Scranton

Crissman Hammerstrom McManus Sikkema

Cropsey Harder McNutt Voorhees

Dalman Horton Middaugh Walberg

DeVuyst Jansen Middleton Whyman

Dobb Jaye Nye Willard

Dobronski Jelinek Olshove Wojno

Fitzgerald

Nays--42

Agee Gagliardi Leland Quarles

Anthony Gire LeTarte Rison

Baird Gubow Martinez Scott

Bankes Hale Mathieu Stallworth

Brater Hanley Murphy Tesanovich

Byl Hertel Owen Thomas

Cherry Hood Parks Varga

Ciaramitaro Jellema Price Vaughn

Curtis Kelly Profit Wallace

Emerson Kilpatrick Prusi Wetters

Freeman LaForge

In The Chair: Hertel

Rep. Crissman moved to amend the bill as follows:

1. Amend page 10, following line 2, following section 208, by inserting:

"Sec. 209. A state institution of higher education shall not use funds appropriated in section 101 to adjust a test score, use a different test or cut-off score, or otherwise alter the results of a test on the basis of religion, race, color, national origin, or gender for the purpose of selecting an individual for admission into that state institution of higher education, determining class rank or class status of an individual, or determining an individual's eligibility to participate in any program of that state institution of higher education.".

The question being on the adoption of the amendment offered by Rep. Crissman,

Rep. Wallace moved to amend the Crissman amendment as follows:

1. Amend the Crissman amendment, page 10, following line 2, after "origin," by striking out "or gender" and inserting "gender, athletic ability, musical ability, relationship to alumni, relationship to school employees, relationship to a financial contributor, or relationship to a political or public figure".

The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.

The question being on the adoption of the amendment offered previously by Rep. Crissman,

Rep. Crissman demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendment offered previously by Rep. Crissman,

The amendment was adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 204 Yeas--85

Alley Dobronski Jellema Oxender

Anthony Fitzgerald Johnson Palamara

Bankes Frank Kaza Perricone

Birkholz Freeman Kelly Profit

Bobier Gagliardi Kukuk Prusi

Bodem Galloway Law Quarles

Bogardus Geiger LeTarte Raczkowski

Brackenridge Gernaat Llewellyn Rhead

Brewer Gilmer London Richner

Brown Gire Lowe Rocca

Byl Godchaux Mans Schauer

Callahan Goschka Martinez Schermesser

Cassis Green Mathieu Scranton

Cherry Gubow McBryde Sikkema

Ciaramitaro Gustafson McManus Tesanovich

Crissman Hammerstrom McNutt Voorhees

Cropsey Harder Middaugh Walberg

Curtis Horton Middleton Wetters

Dalman Jansen Nye Whyman

DeHart Jaye Olshove Willard

DeVuyst Jelinek Owen Wojno

Dobb

Nays--18

Agee Hertel Murphy Stallworth

Baird Hood Parks Thomas

Brater Kilpatrick Price Vaughn

Hale LaForge Scott Wallace

Hanley Leland

In The Chair: Hertel

Rep. Gustafson moved to reconsider the vote by which the House did not adopt the amendment offered previously by Rep. Jaye.

The question being on the motion by Rep. Gustafson,

Rep. Gustafson demanded the yeas and nays.

The demand was supported.

The question being on the motion made by Rep. Gustafson,

The motion did not prevail, a majority of the members present voting, not voting therefor, by yeas and nays, as follows:

Roll Call No. 205 Yeas--49

Alley Gagliardi Jellema Nye

Birkholz Geiger Kaza Olshove

Bodem Gernaat Kukuk Owen

Brown Goschka Law Perricone

Byl Green Llewellyn Raczkowski

Callahan Gustafson London Richner

Cassis Hammerstrom Lowe Rocca

Ciaramitaro Harder Mathieu Sikkema

Cropsey Horton McBryde Voorhees

Dalman Jansen McManus Walberg

DeVuyst Jaye McNutt Whyman

Fitzgerald Jelinek Middaugh Wojno

Frank

Nays--52

Agee Dobb Kelly Rison

Anthony Dobronski Kilpatrick Schauer

Baird Freeman LaForge Schermesser

Bankes Galloway Leland Scott

Bobier Gilmer LeTarte Scranton

Bogardus Gire Mans Stallworth

Brackenridge Godchaux Martinez Tesanovich

Brater Gubow Murphy Thomas

Brewer Hale Oxender Varga

Cherry Hanley Parks Vaughn

Crissman Hertel Price Wallace

Curtis Hood Prusi Wetters

DeHart Johnson Quarles Willard

In The Chair: Hertel

Reps. McManus, Cropsey, Kukuk, Johnson, Llewellyn, Rhead, Perricone, Geiger, Hammerstrom, Law, Birkholz, Godchaux, Goschka, Raczkowski, Jaye, Richner, Rocca, DeVuyst, Voorhees, Whyman, Horton, Galloway, Walberg, Bodem, Dalman, Jellema, Lowe, Sikkema, London and Oxender moved to amend the bill as follows:

1. Amend page 10, following line 2, following section 209, by inserting:

"Sec. 210. A state institution of higher education shall not use funds appropriated in section 101 to discriminate or grant preferential treatment based upon religion, race, color, national origin, or sex for the purpose of employment or promotion of administrators or employees or for the purpose of awarding contracts at that state institution of higher education.".

The question being on the adoption of the amendment offered by Reps. McManus, Cropsey, Kukuk, Johnson, Llewellyn, Rhead, Perricone, Geiger, Hammerstrom, Law, Birkholz, Godchaux, Goschka, Raczkowski, Jaye, Richner, Rocca, DeVuyst, Voorhees, Whyman, Horton, Galloway, Walberg, Bodem, Dalman, Jellema, Lowe, Sikkema, London and Oxender,

Rep. McManus demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendment offered by Reps. McManus, Cropsey, Kukuk, Johnson, Llewellyn, Rhead, Perricone, Geiger, Hammerstrom, Law, Birkholz, Godchaux, Goschka, Raczkowski, Jaye, Richner, Rocca, DeVuyst, Voorhees, Whyman, Horton, Galloway, Walberg, Bodem, Dalman, Jellema, Lowe, Sikkema, London and Oxender,

Rep. Wallace moved to amend the McManus, Cropsey, Kukuk, Johnson, Llewellyn, Rhead, Perricone, Geiger, Hammerstrom, Law, Birkholz, Godchaux, Goschka, Raczkowski, Jaye, Richner, Rocca, DeVuyst, Voorhees, Whyman, Horton, Galloway, Walberg, Bodem, Dalman, Jellema, Lowe, Sikkema, London and Oxender amendment as follows:

1. Amend the McManus amendment, page 10, following line 2, after "origin," by striking out "or sex" and inserting "gender, athletic ability, musical ability, relationship to alumni, relationship to school employees, relationship to a financial contributor, or relationship to a political or public figure".

The question being on the adoption of the amendment offered by Rep. Wallace,

Rep. Perricone demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendment offered by Rep. Wallace,

The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:

Roll Call No. 206 Yeas--53

Agee Emerson Kilpatrick Rison

Alley Frank LaForge Schauer

Anthony Freeman Leland Schermesser

Baird Gagliardi Mans Scott

Bogardus Gire Martinez Stallworth

Brater Goschka Mathieu Tesanovich

Brewer Gubow Murphy Thomas

Brown Hale Olshove Varga

Callahan Hanley Owen Vaughn

Cherry Harder Parks Wallace

Ciaramitaro Hertel Price Wetters

Curtis Hood Prusi Willard

DeHart Kelly Quarles Wojno

Dobronski

Nays--51

Bankes Galloway Johnson Oxender

Birkholz Geiger Kaza Perricone

Bobier Gernaat Kukuk Profit

Bodem Gilmer LeTarte Raczkowski

Brackenridge Godchaux Llewellyn Rhead

Byl Green London Richner

Cassis Gustafson Lowe Rocca

Crissman Hammerstrom McBryde Scranton

Cropsey Horton McManus Sikkema

Dalman Jansen McNutt Voorhees

DeVuyst Jaye Middaugh Walberg

Dobb Jelinek Middleton Whyman

Fitzgerald Jellema Nye

In The Chair: Hertel

Rep. Perricone moved to amend the McManus, Cropsey, Kukuk, Johnson, Llewellyn, Rhead, Perricone, Geiger, Hammerstrom, Law, Birkholz, Godchaux, Goschka, Raczkowski, Jaye, Richner, Rocca, DeVuyst, Voorhees, Whyman, Horton, Galloway, Walberg, Bodem, Dalman, Jellema, Lowe, Sikkema, London and Oxender amendment as follows:

1. Amend the McManus amendment, page 10, following line 2, after "origin," by striking out "or sex" and inserting "gender, relationship to a financial contributor, or relationship to a political or public figure".

The question being on the adoption of the amendment offered by Rep. Perricone,

Rep. Perricone demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendment offered by Rep. Perricone,

The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:

Roll Call No. 207 Yeas--50

Birkholz Gernaat Kukuk Perricone

Bodem Godchaux Llewellyn Raczkowski

Brackenridge Goschka London Rhead

Cassis Green Lowe Richner

Crissman Gustafson McBryde Rocca

Cropsey Hammerstrom McManus Scranton

Curtis Harder McNutt Sikkema

DeVuyst Horton Middaugh Voorhees

Dobb Jansen Middleton Walberg

Fitzgerald Jaye Nye Whyman

Frank Jelinek Olshove Willard

Galloway Johnson Oxender Wojno

Geiger Kaza

Nays--46

Agee DeHart Kilpatrick Quarles

Anthony Dobronski LaForge Rison

Baird Freeman Leland Schauer

Bankes Gagliardi Mans Schermesser

Bobier Gire Martinez Scott

Bogardus Gubow Mathieu Stallworth

Brater Hale Murphy Tesanovich

Brewer Hanley Owen Thomas

Byl Hertel Parks Vaughn

Cherry Hood Price Wallace

Ciaramitaro Jellema Prusi Wetters

Dalman Kelly

In The Chair: Hertel

The question being on the adoption of the amendment offered previously by Reps. McManus, Cropsey, Kukuk, Johnson, Llewellyn, Rhead, Perricone, Geiger, Hammerstrom, Law, Birkholz, Godchaux, Goschka, Raczkowski, Jaye, Richner, Rocca, DeVuyst, Voorhees, Whyman, Horton, Galloway, Walberg, Bodem, Dalman, Jellema, Lowe, Sikkema, London and Oxender,

The amendment was adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 208 Yeas--62

Birkholz Galloway Kaza Owen

Bobier Geiger Kukuk Oxender

Bodem Gernaat Law Perricone

Brackenridge Gilmer LeTarte Raczkowski

Brewer Godchaux Llewellyn Rhead

Brown Goschka London Richner

Callahan Green Lowe Rocca

Cassis Gustafson Mans Schauer

Crissman Hammerstrom McBryde Scranton

Cropsey Harder McManus Sikkema

Dalman Horton McNutt Voorhees

DeVuyst Jansen Middaugh Walberg

Dobb Jaye Middleton Whyman

Dobronski Jelinek Nye Willard

Fitzgerald Jellema Olshove Wojno

Frank Johnson

Nays--33

Agee Gire LaForge Schermesser

Anthony Gubow Leland Scott

Baird Hale Martinez Stallworth

Bankes Hanley Murphy Thomas

Brater Hertel Parks Varga

Cherry Hood Price Vaughn

Curtis Kelly Prusi Wallace

DeHart Kilpatrick Rison Wetters

Freeman

In The Chair: Hertel

Rep. Richner moved to amend the bill as follows:

1. Amend page 22, following line 23, following section 421, by inserting:

"Sec. 422. Funds appropriated in section 101 shall not be used to offer courses or programs in casino management or casino operations.".

The question being on the adoption of the amendment offered by Rep. Richner,

Rep. Richner demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendment offered by Rep. Richner,

The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:

Roll Call No. 209 Yeas--45

Birkholz Galloway Jellema Nye

Bobier Geiger Johnson Oxender

Bodem Gernaat Kaza Palamara

Brackenridge Goschka Kukuk Perricone

Byl Green Law Raczkowski

Cassis Gustafson LeTarte Richner

Crissman Harder London Rocca

Cropsey Horton Lowe Sikkema

Curtis Jansen McBryde Voorhees

Dalman Jaye McManus Walberg

DeVuyst Jelinek Middleton Whyman

Fitzgerald

Nays--58

Agee Frank Leland Rison

Alley Freeman Mans Schauer

Anthony Gagliardi Martinez Schermesser

Baird Gilmer Mathieu Scott

Bankes Gire McNutt Scranton

Bogardus Godchaux Middaugh Stallworth

Brater Gubow Murphy Tesanovich

Brewer Hale Olshove Thomas

Brown Hammerstrom Owen Varga

Callahan Hanley Parks Vaughn

Cherry Hertel Price Wallace

Ciaramitaro Hood Prusi Wetters

DeHart Kelly Quarles Willard

Dobb Kilpatrick Rhead Wojno

Dobronski LaForge

In The Chair: Hertel

______

Rep. Wetters, having reserved the right to explain his nay vote, made the following statement:

"Mr. Speaker and members of the House:

It would seem that the members of the House now want to dictate what universities can teach, a clear violation of the spirit of our constitution and an assault on academic freedom. This is made more ironic by the fact that Michigan's legislators can't even agree on when they go on vacation. God help us if they start dictating what rational men and woman can teach!

I wish I didn't have to vote on such drivel but if I must vote, I must vote "no.""

Rep. Gilmer moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed, a majority of the members voting therefor.

Rep. Gagliardi moved that the bill be placed on its immediate passage.

The motion prevailed, a majority of the members serving voting therefor.

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 4309, 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, 1998; to make appropriations for state building authority rent and insurance; to provide for the expenditures of those appropriations; and to prescribe the powers and duties of certain state departments, institutions, agencies, and officers.

Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 210 Yeas--66

Agee Dobronski Llewellyn Prusi

Alley Emerson Mans Quarles

Anthony Frank Martinez Rison

Baird Freeman Mathieu Rocca

Bodem Gagliardi McBryde Schauer

Bogardus Gilmer McNutt Schermesser

Brater Gire Middaugh Scott

Brewer Gubow Middleton Stallworth

Brown Hale Murphy Tesanovich

Callahan Hanley Olshove Thomas

Cherry Harder Owen Varga

Ciaramitaro Hertel Oxender Vaughn

Crissman Hood Palamara Wallace

Curtis Kelly Parks Wetters

Dalman Kilpatrick Price Willard

DeHart LaForge Profit Wojno

Dobb Leland

Nays--40

Bankes Geiger Jelinek Nye

Birkholz Gernaat Jellema Perricone

Bobier Godchaux Johnson Raczkowski

Brackenridge Goschka Kaza Rhead

Byl Green Kukuk Richner

Cassis Gustafson Law Scranton

Cropsey Hammerstrom LeTarte Sikkema

DeVuyst Horton London Voorhees

Fitzgerald Jansen Lowe Walberg

Galloway Jaye McManus Whyman

In The Chair: Hertel

The question being on agreeing to the title of the bill,

Rep. Gagliardi moved to amend the title to read as follows:

A bill to make appropriations for the state institutions of higher education and certain state purposes related to education for the fiscal year ending September 30, 1998; to provide for the expenditures of those appropriations; and to prescribe the powers and duties of certain state departments, institutions, agencies, employees, and officers.

The motion prevailed.

The House agreed to the title as amended.

Rep. London, having reserved the right to explain his protest against the passage of the bill, made the following statement:

"Mr. Speaker and members of the House:

I voted against this budget bill because it is approximately 43 million over budget. This House has also passed in excess of 200 million in tax cuts with no way to pay for them. We must start holding the line on deficit spending."

Rep. Goschka, having reserved the right to explain his protest against the passage of the bill, made the following statement:

"Mr. Speaker and members of the House:

I cannot in good conscience vote for House Bill 4309 when it omits the very reasonable and much needed floor funding amendment of $4500 per student. Clearly, certain public universities have been declared as winners in this bill, but the majority of our schools have been declared as losers as well.

Not only would Saginaw Valley State University gain from increasing the floor funding, but so also would Central Michigan University, Eastern Michigan University, Grand Valley State University, Lake Superior State University, Oakland University, the University of Michigan-Dearborn and the University of Michigan-Flint. All of the hardworking taxpayers of this state deserve proper funding for their local public university, and this bill is woefully inadequate in accomplishing this goal.

Mr. Speaker and members of this House, I cannot vote for this bill because it promotes a funding disparity that is unjust. Who are we to take hard earned taxpayer dollars from Saginaw county and other areas of the state, and giving them to a select few? Shame!!!!"

Rep. Gagliardi moved that the bill be given immediate effect.

The question being on the motion by Rep. Gagliardi,

Rep. Gustafson demanded the yeas and nays.

The demand was supported.

The question being on the motion by Rep. Gagliardi,

The motion did not prevail, 2/3 of the members serving not voting therefor, by yeas and nays as follows:

Roll Call No. 211 Yeas--56

Agee Emerson Leland Rison

Alley Frank Llewellyn Rocca

Anthony Freeman Mans Schauer

Baird Gagliardi Martinez Schermesser

Bogardus Gire Mathieu Scott

Brater Gubow Murphy Stallworth

Brewer Hale Olshove Tesanovich

Brown Hanley Owen Thomas

Callahan Harder Palamara Varga

Cherry Hertel Parks Vaughn

Ciaramitaro Hood Price Wallace

Curtis Kelly Profit Wetters

DeHart Kilpatrick Prusi Willard

Dobronski LaForge Quarles Wojno

Nays--47

Bankes Fitzgerald Jellema Nye

Birkholz Galloway Johnson Oxender

Bobier Geiger Kaza Perricone

Bodem Gernaat Kukuk Raczkowski

Brackenridge Godchaux Law Rhead

Byl Goschka LeTarte Richner

Cassis Green London Scranton

Crissman Gustafson Lowe Sikkema

Cropsey Hammerstrom McBryde Voorhees

Dalman Horton McManus Walberg

DeVuyst Jansen Middaugh Whyman

Dobb Jelinek Middleton

In The Chair: Hertel

______

Rep. London, having reserved the right to explain his nay vote, made the following statement:

"Mr. Speaker and members of the House:

I voted against this budget bill because it is approximately 43 million over budget. This House has also passed in excess of 200 million in tax cuts with no way to pay for them. We must start holding the line on deficit spending."

Rep. Goschka, having reserved the right to explain his nay vote, made the following statement:

"Mr. Speaker and members of the House:

I cannot in good conscience vote for House Bill 4309 when it omits the very reasonable and much needed floor funding amendment of $4500 per student. Clearly, certain public universities have been declared as winners in this bill, but the majority of our schools have been declared as losers as well.

Not only would Saginaw Valley State University gain from increasing the floor funding, but so also would Central Michigan University, Eastern Michigan University, Grand Valley State University, Lake Superior State University, Oakland University, the University of Michigan-Dearborn and the University of Michigan-Flint. All of the hardworking taxpayers of this state deserve proper funding for their local public university, and this bill is woefully inadequate in accomplishing this goal.

Mr. Speaker and members of this House, I cannot vote for this bill because it promotes a funding disparity that is unjust. Who are we to take hard earned taxpayer dollars from Saginaw county and other areas of the state, and giving them to a select few? Shame!!!!"

Reps. Jelinek, Raczkowski and Cassis, having reserved the right to explain their nay vote, made the following statement:

"Mr. Speaker and members of the House:

I voted against the Higher Education budget because of its inflationary increases of approximately 5% over current year levels.

House bi-partisan support for the Cassis amendment to hold the line on tuition increases is positive but we need to go further to ensure that higher education will not be beyond the reach of middle class people.

As the budget process continues and further restraints are put on this higher education budget, I will be able to support it."

Rep. Kaza, having reserved the right to explain his nay vote, made the following statement:

"Mr. Speaker and members of the House:

A majority of constituents in Troy and Rochester Hills have asked me to support repeal or modification of the state's existing affirmative action policies. This legislation does not fully address their concerns about the unfairness and reverse discrimination inherent in the affirmative action policies at our state's institutions of higher education."

______

Rep. Vaughn asked and obtained an excuse from tomorrow's session.

By unanimous consent the House returned to the order of

Reports of Standing Committees

The Committee on Forestry and Mineral Rights, by Rep. Anthony, Chair, reported

House Bill No. 4273, entitled

A bill to amend 1945 PA 200, entitled "An act to define a marketable record title to an interest in land; to require the filing of notices of claim of interest in such land in certain cases within a definite period of time and to require the recording thereof; to make invalid and of no force or effect all claims with respect to the land affected thereby where no such notices of claim of interest are filed within the required period; to provide for certain penalties for filing slanderous notices of claim of interest, and to provide certain exceptions to the applicability and operation thereof," by amending the title and sections 1, 2, 3, and 6 (MCL 565.101, 565.102, 565.103, and 565.106) and by adding sections 2a and 2b.

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 4273 To Report Out:

Yeas: Reps. Anthony, Callahan, Alley, Bogardus, Brater, Middleton, DeVuyst, Lowe,

Nays: None.

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Anthony, Chair of the Committee on Forestry and Mineral Rights, was received and read:

Meeting held on: Tuesday, April 22, 1997, at 10:30 a.m.,

Present: Reps. Anthony, Callahan, Alley, Bogardus, Brater, Middleton, DeVuyst, Lowe,

Absent: Rep. Gernaat,

Excused: Rep. Gernaat.

The Committee on Commerce, by Rep. Griffin, Chair, reported

House Bill No. 4587, entitled

A bill to amend 1978 PA 53, entitled "Statutory joint account act," by amending section 4 (MCL 487.714).

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 4587 To Report Out:

Yeas: Reps. Griffin, Thomas, Alley, Callahan, Mans, Murphy, Olshove, Schermesser, Varga, Gernaat, Jaye, Kukuk, Rhead, Richner, Walberg,

Nays: None.

The Committee on Commerce, by Rep. Griffin, Chair, reported

House Bill No. 4588, entitled

A bill to amend 1965 PA 114, entitled "An act relating to dry, edible beans; to create a bean commission and prescribe its functions; to levy and collect assessments on bean production; and to provide penalties for violation of this act," by amending section 7 (MCL 290.557).

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 4588 To Report Out:

Yeas: Reps. Griffin, Thomas, Alley, Callahan, Mans, Murphy, Olshove, Schermesser, Varga, Gernaat, Jaye, Kukuk, Rhead, Richner, Walberg,

Nays: None.

The Committee on Commerce, by Rep. Griffin, Chair, reported

House Bill No. 4589, entitled

A bill to amend 1915 PA 59, entitled "An act to provide for the construction, improvement and maintenance of highways; for the levying, spreading and collecting of taxes and of special assessments therefor; to authorize the borrowing of money and the issuance of bonds under certain restrictions, regulations and limitations; to prescribe the powers and duties of certain officers with reference thereto; and to validate certain proceedings heretofore taken," by amending section 25 (MCL 247.425).

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 4589 To Report Out:

Yeas: Reps. Griffin, Thomas, Alley, Callahan, Mans, Murphy, Olshove, Schermesser, Varga, Gernaat, Jaye, Kukuk, Rhead, Richner, Walberg,

Nays: None.

The Committee on Commerce, by Rep. Griffin, Chair, reported

House Bill No. 4590, entitled

A bill to amend 1925 PA 381, entitled "An act to authorize certain counties to combine for the purpose of planning systems of inter-county highways, super-highways and limited access highways; to define the terms "super-highways" and "limited access highways"; to authorize the establishment of inter-county highway commissions; to prescribe their powers and duties; to provide for the appropriation of funds therefor; and to empower counties to legislate with respect thereto," by amending section 6 (MCL 252.6).

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 4590 To Report Out:

Yeas: Reps. Griffin, Thomas, Alley, Callahan, Mans, Murphy, Olshove, Schermesser, Varga, Gernaat, Jaye, Kukuk, Rhead, Richner, Walberg,

Nays: None.

The Committee on Commerce, by Rep. Griffin, Chair, reported

House Bill No. 4591, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 26c (MCL 774.26c), as amended by 1980 PA 506.

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 4591 To Report Out:

Yeas: Reps. Griffin, Thomas, Alley, Callahan, Mans, Murphy, Olshove, Schermesser, Varga, Gernaat, Jaye, Kukuk, Rhead, Richner, Walberg,

Nays: None.

The Committee on Commerce, by Rep. Griffin, Chair, reported

House Bill No. 4592, entitled

A bill to amend 1972 PA 239, entitled "McCauley-Traxler-Law-Bowman-McNeely lottery act," by amending section 35 (MCL 432.35).

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 4592 To Report Out:

Yeas: Reps. Griffin, Thomas, Alley, Callahan, Mans, Murphy, Olshove, Schermesser, Varga, Gernaat, Jaye, Kukuk, Rhead, Richner, Walberg,

Nays: None.

The Committee on Commerce, by Rep. Griffin, Chair, reported

House Bill No. 4593, entitled

A bill to amend 1954 PA 70, entitled "An act relative to agreements providing for the final disposition of a dead human body; and to prescribe penalties for violations of the provisions of this act," by amending section 1 (MCL 328.201), as amended by 1982 PA 366.

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 4593 To Report Out:

Yeas: Reps. Griffin, Thomas, Alley, Callahan, Mans, Murphy, Olshove, Schermesser, Varga, Gernaat, Jaye, Kukuk, Rhead, Richner, Walberg,

Nays: None.

The Committee on Commerce, by Rep. Griffin, Chair, reported

House Bill No. 4594, entitled

A bill to amend 1965 PA 314, entitled "An act to authorize the investment of assets of public employee retirement systems or plans created and established by the state or any political subdivision; to provide for the payment of certain costs and investment expenses; to authorize investment in variable rate interest loans; to define and limit the investments which may be made by an investment fiduciary with the assets of a public employee retirement system; and to prescribe the powers and duties of investment fiduciaries and certain state departments and officers," by amending section 20c (MCL 38.1140c), as amended by 1996 PA 485.

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 4594 To Report Out:

Yeas: Reps. Griffin, Thomas, Alley, Callahan, Mans, Murphy, Olshove, Schermesser, Varga, Gernaat, Jaye, Kukuk, Rhead, Richner, Walberg,

Nays: None.

The Committee on Commerce, by Rep. Griffin, Chair, reported

House Bill No. 4595, entitled

A bill to amend 1909 PA 99, entitled "An act authorizing the county board of commissioners or the board of auditors in those counties having a board of county auditors, to designate a depository or depositories of public moneys received by county treasurers; prescribing the duties of certain officers; and prescribing penalties," by amending sections 1, 2, 3, 4, 6, 6a, and 10 (MCL 129.31, 129.32, 129.33, 129.34, 129.36, 129.36a, and 129.40).

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 4595 To Report Out:

Yeas: Reps. Griffin, Thomas, Alley, Callahan, Mans, Murphy, Olshove, Schermesser, Varga, Gernaat, Jaye, Kaza, Kukuk, Rhead, Richner, Walberg,

Nays: None.

The Committee on Commerce, by Rep. Griffin, Chair, reported

House Bill No. 4596, entitled

A bill to amend 1932 (1st Ex Sess) PA 40, entitled "An act to provide for the designation of depositories for public moneys; to prescribe the effect thereof on the liability for such deposits; to suspend the requirement of surety bonds from depositories of public moneys; and to repeal all acts and parts of acts inconsistent with the provisions of this act," by amending sections 2 and 4 (MCL 129.12 and 129.14), by adding section 6; and to repeal acts and parts of acts.

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 4596 To Report Out:

Yeas: Reps. Griffin, Thomas, Alley, Callahan, Mans, Murphy, Olshove, Schermesser, Varga, Gernaat, Jaye, Kaza, Kukuk, Rhead, Richner, Walberg,

Nays: None.

The Committee on Commerce, by Rep. Griffin, Chair, reported

House Bill No. 4597, entitled

A bill to amend 1943 PA 20, entitled "An act relative to the investment of surplus funds of political subdivisions of the state; and to validate certain investments," by amending section 1 (MCL 129.91), as amended by 1988 PA 239.

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 4597 To Report Out:

Yeas: Reps. Griffin, Thomas, Alley, Callahan, Mans, Murphy, Olshove, Schermesser, Varga, Gernaat, Jaye, Kaza, Kukuk, Rhead, Richner, Walberg,

Nays: None.

The Committee on Commerce, by Rep. Griffin, Chair, reported

House Bill No. 4598, entitled

A bill to amend 1909 PA 321, entitled "An act to provide for the depositing and safeguarding of public moneys belonging to villages within the state of Michigan," by amending sections 1 and 3 (MCL 129.41 and 129.43) and by adding section 5.

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 4598 To Report Out:

Yeas: Reps. Griffin, Thomas, Callahan, Mans, Murphy, Olshove, Schermesser, Varga, Gernaat, Jaye, Kaza, Kukuk, Rhead, Richner, Walberg,

Nays: None.

The Committee on Commerce, by Rep. Griffin, Chair, reported

House Bill No. 4599, entitled

A bill to amend 1934 (1st Ex Sess) PA 23, entitled "An act authorizing the investment in bonds of the home owners' loan corporation and bonds of federal home loan banks by the state and all its departments and political subdivisions, including municipal corporations, and instrumentalities, and by any insurance company, building and loan association or company, savings and loan association or company, bank, trust company or other financial institution, and by any executor, administrator, guardian, trustee or fiduciary; authorizing the use of such bonds as security by any depository of funds; and authorizing certain deposits with the state treasurer to be in such bonds," by amending section 1 (MCL 129.81).

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 4599 To Report Out:

Yeas: Reps. Griffin, Thomas, Callahan, Mans, Murphy, Olshove, Schermesser, Varga, Gernaat, Jaye, Kaza, Kukuk, Rhead, Richner, Walberg,

Nays: None.

The Committee on Commerce, by Rep. Griffin, Chair, reported

House Bill No. 4600, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending sections 622, 1221, and 1223 (MCL 380.622, 380.1221, and 380.1223), sections 622 and 1223 as amended by 1986 PA 132 and section 1221 as amended by 1986 PA 416.

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 4600 To Report Out:

Yeas: Reps. Griffin, Thomas, Alley, Callahan, Mans, Murphy, Olshove, Schermesser, Varga, Gernaat, Jaye, Kaza, Kukuk, Rhead, Richner, Walberg,

Nays: None.

The Committee on Commerce, by Rep. Griffin, Chair, reported

House Bill No. 4601, entitled

A bill to amend 1855 PA 105, entitled "An act to regulate the disposition of the surplus funds in the state treasury; to provide for the deposit of surplus funds in certain financial institutions; to lend surplus funds pursuant to loan agreements secured by certain commercial, agricultural, or industrial real and personal property; to authorize the loan of surplus funds to certain municipalities; to authorize the participation in certain loan programs; to authorize an appropriation; and to prescribe the duties of certain state agencies," by amending sections 3 and 7 (MCL 21.143 and 21.147), section 3 as amended by 1990 PA 8 and section 7 as amended by 1994 PA 44; and to repeal acts and parts of acts.

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 4601 To Report Out:

Yeas: Reps. Griffin, Thomas, Alley, Callahan, Mans, Murphy, Olshove, Schermesser, Varga, Gernaat, Jaye, Kaza, Kukuk, Rhead, Richner, Walberg,

Nays: None.

The Committee on Commerce, by Rep. Griffin, Chair, reported

House Bill No. 4602, entitled

A bill to amend 1982 PA 367, entitled "Surplus funds investment pool act," by amending section 2 (MCL 129.112).

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 4602 To Report Out:

Yeas: Reps. Griffin, Thomas, Alley, Callahan, Mans, Murphy, Olshove, Schermesser, Varga, Gernaat, Jaye, Kaza, Kukuk, Rhead, Richner, Walberg,

Nays: None.

The Committee on Commerce, by Rep. Griffin, Chair, reported

House Bill No. 4603, entitled

A bill to amend 1969 PA 319, entitled "Banking code of 1969," by amending sections 171 and 231 (MCL 487.471 and 487.531), section 171 as amended by 1996 PA 405 and section 231 as amended by 1991 PA 12.

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 4603 To Report Out:

Yeas: Reps. Griffin, Thomas, Alley, Callahan, Mans, Murphy, Olshove, Schermesser, Varga, Gernaat, Jaye, Kaza, Kukuk, Rhead, Richner, Walberg,

Nays: None.

The Committee on Commerce, by Rep. Griffin, Chair, reported

House Bill No. 4604, entitled

A bill to amend 1996 PA 354, entitled "Savings bank act," by amending section 508 (MCL 487.3508).

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 4604 To Report Out:

Yeas: Reps. Griffin, Thomas, Alley, Callahan, Mans, Murphy, Olshove, Schermesser, Varga, Gernaat, Jaye, Kaza, Kukuk, Rhead, Richner, Walberg,

Nays: None.

The Committee on Commerce, by Rep. Griffin, Chair, reported

House Bill No. 4605, entitled

A bill to amend 1980 PA 307, entitled "Savings and loan act of 1980," by amending section 606 (MCL 491.606), as amended by 1987 PA 106.

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 4605 To Report Out:

Yeas: Reps. Griffin, Thomas, Alley, Callahan, Mans, Murphy, Olshove, Schermesser, Varga, Gernaat, Jaye, Kaza, Kukuk, Rhead, Richner, Walberg,

Nays: None.

The Committee on Commerce, by Rep. Griffin, Chair, reported

Senate Bill No. 229, entitled

A bill to amend 1965 PA 232, entitled "Agricultural commodities marketing act," by amending section 8 (MCL 290.658), as amended by 1996 PA 216.

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 229 To Report Out:

Yeas: Reps. Griffin, Thomas, Alley, Callahan, Mans, Murphy, Olshove, Schermesser, Varga, Gernaat, Jaye, Kaza, Kukuk, Rhead, Richner, Walberg,

Nays: None.

The Committee on Commerce, by Rep. Griffin, Chair, reported

Senate Bill No. 230, entitled

A bill to amend 1957 PA 4, entitled "Charter water authority act," by amending section 17 (MCL 121.17).

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 230 To Report Out:

Yeas: Reps. Griffin, Thomas, Alley, Callahan, Mans, Murphy, Olshove, Schermesser, Varga, Gernaat, Jaye, Kaza, Kukuk, Rhead, Richner, Walberg,

Nays: None.

The Committee on Commerce, by Rep. Griffin, Chair, reported

Senate Bill No. 233, entitled

A bill to amend 1846 RS 16, entitled "Of the powers and duties of townships, the election and duties of township officers, and the division of townships," by amending section 77 (MCL 41.77), as amended by 1989 PA 77.

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 233 To Report Out:

Yeas: Reps. Griffin, Thomas, Alley, Callahan, Mans, Murphy, Olshove, Schermesser, Varga, Gernaat, Jaye, Kaza, Kukuk, Rhead, Richner, Walberg,

Nays: None.

The Committee on Commerce, by Rep. Griffin, Chair, reported

Senate Bill No. 234, entitled

A bill to amend 1966 PA 331, entitled "Community college act of 1966," by amending section 142 (MCL 389.142), as amended by 1984 PA 299.

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

SB 234 To Report Out:

Yeas: Reps. Griffin, Thomas, Alley, Callahan, Mans, Murphy, Olshove, Schermesser, Varga, Gernaat, Jaye, Kukuk, Rhead, Richner, Walberg,

Nays: None.

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Griffin, Chair of the Committee on Commerce, was received and read:

Meeting held on: Wednesday, April 23, 1997, at 9:00 a.m.,

Present: Reps. Griffin, Thomas, Alley, Callahan, Mans, Murphy, Olshove, Schermesser, Varga, Gernaat, Jaye, Kaza, Kukuk, Rhead, Richner, Walberg,

Absent: Rep. Palamara,

Excused: Rep. Palamara.

The Committee on Tax Policy, by Rep. Profit, Chair, reported

House Bill No. 4642, entitled

A bill to amend 1933 PA 167, entitled "General sales tax act," by amending section 4a (MCL 205.54a), as amended by 1996 PA 435.

With the recommendation that the bill pass.

The bill was referred to the order of Second Reading of Bills.

Favorable Roll Call

HB 4642 To Report Out:

Yeas: Reps. Profit, Quarles, Palamara, Wallace, Wetters, Wojno, Perricone, Brackenridge, Cassis, Dobb, Goschka, Middleton, Whyman,

Nays: Reps. Agee, Freeman.

The Committee on Tax Policy, by Rep. Profit, Chair, reported

House Bill No. 4643, entitled

A bill to amend 1937 PA 94, entitled "Use tax act," by amending section 4 (MCL 205.94), as amended by 1996 PA 436.

With the recommendation that the bill pass.

The bill was referred to the order of Second Reading of Bills.

Favorable Roll Call

HB 4643 To Report Out:

Yeas: Reps. Profit, Quarles, Palamara, Wallace, Wetters, Wojno, Perricone, Brackenridge, Cassis, Dobb, Goschka, Middleton, Whyman,

Nays: Reps. Agee, Freeman.

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Profit, Chair of the Committee on Tax Policy, was received and read:

Meeting held on: Wednesday, April 23, 1997, at 9:00 a.m.,

Present: Reps. Profit, Quarles, Agee, Freeman, Gubow, Hanley, Palamara, Wallace, Wetters, Wojno, Perricone, Brackenridge, Cassis, Dobb, Goschka, Middleton, Whyman.

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Olshove, Chair of the Committee on Public Utilities, was received and read:

Meeting held on: Tuesday, April 22, 1997, at 4:05 p.m.,

Present: Reps. Olshove, Thomas, Dobronski, Griffin, Hanley, Leland, Murphy, Wetters, Dobb, Cassis, Galloway, Gustafson, Kukuk, LeTarte, Middaugh, Raczkowski, Whyman,

Absent: Reps. Alley, Baade, Gubow, Profit,

Excused: Reps. Alley, Baade, Gubow, Profit.

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Cherry, Chair of the Committee on Colleges and Universities, was received and read:

Meeting held on: Wednesday, April 23, 1997, at 10:30 a.m.,

Present: Reps. Cherry, Brown, Brater, Curtis, Quarles, LeTarte, Dalman, Scranton, Walberg.

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Gire, Chair of the Committee on Education, was received and read:

Meeting held on: Wednesday, April 23, 1997, at 12:00 Noon,

Present: Reps. Gire, Bogardus, Agee, Brown, Cherry, Curtis, Kilpatrick, LaForge, Schauer, Scott, Dalman, Crissman, Cropsey, Jelinek, LeTarte, McNutt, Middleton.

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Baird, Chair of the Committee on Mental Health, was received and read:

Meeting held on: Wednesday, April 23, 1997, at 12:00 Noon,

Present: Reps. Baird, Brater, Gubow, LaForge, Wallace, Scranton, Cassis, Green, Hammerstrom.

Messages from the Senate

Senate Bill No. 133, entitled

A bill to amend 1933 (Ex Sess) PA 8, entitled "The Michigan liquor control act," by amending section 40 (MCL 436.40), as amended by 1994 PA 421.

The Senate has passed the bill.

The bill was read a first time by its title and referred to the Committee on Regulatory Affairs.

Senate Bill No. 227, entitled

A bill to amend 1980 PA 299, entitled "Occupational code," by amending section 2001 (MCL 339.2001), as amended by 1992 PA 103.

The Senate has passed the bill.

The bill was read a first time by its title and referred to the Committee on Regulatory Affairs.

Senate Bill No. 228, entitled

A bill to amend 1993 PA 23, entitled "Michigan limited liability company act," by amending section 904 (MCL 450.4904).

The Senate has passed the bill.

The bill was read a first time by its title and referred to the Committee on Regulatory Affairs.

Senate Bill No. 306, entitled

A bill to amend 1964 PA 170, entitled "An act to make uniform the liability of municipal corporations, political subdivisions, and the state, its agencies and departments, officers, employees, and volunteers thereof, and members of certain boards, councils, and task forces when engaged in the exercise or discharge of a governmental function, for injuries to property and persons; to define and limit this liability; to define and limit the liability of the state when engaged in a proprietary function; to authorize the purchase of liability insurance to protect against loss arising out of this liability; to provide for defending certain claims made against public officers and paying damages sought or awarded against them; to provide for the legal defense of public officers and employees; to provide for reimbursement of public officers and employees for certain legal expenses; and to repeal certain acts and parts of acts," by amending the title and sections 1, 2, 4, and 6 (MCL 691.1401, 691.1402, 691.1404, and 691.1406), the title and section 1 as amended by 1986 PA 175 and section 2 as amended by 1996 PA 150, and by adding sections 2a and 2b.

The Senate has passed the bill.

The bill was read a first time by its title and referred to the Committee on Judiciary.

Senate Bill No. 340, entitled

A bill to amend 1995 PA 29, entitled "Uniform unclaimed property act," by amending sections 11, 18, 19, 20, 23, 25, and 31 (MCL 567.231, 567.238, 567.239, 567.240, 567.243, 567.245, and 567.251); and to repeal acts and parts of acts.

The Senate has passed the bill.

The bill was read a first time by its title and referred to the Committee on Tax Policy.

Notices

The following is a change of meeting rooms for two Standing Committees for the 1997-98 legislative session:

Wednesday 10:30 a.m. Colleges and Universities Room 424 Capitol Building

Wednesday 10:30 a.m. Conservation, Environment Rooms 425-426 Capitol Building

and Recreation

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, Monday, April 21:

Senate Bill Nos. 346 347 348 349 350 351 352 353 354 355 356 357 358 359 360 361 362 363 364 365 366 367 368 369 370 371 372 373

374 375 376 377 378 379 380 381 382 383 384 385 386 387 388 389 390 391 392 393 394 395 396 397 398 399 400 401 402 403 404 405 406

The Clerk announced that the following Senate bills had been received on Wednesday, April 23:

Senate Bill Nos. 306 340

Introduction of Bills

Rep. Voorhees introduced

House Bill No. 4664, entitled

A bill to amend the Initiated Law of 1996, entitled "Michigan gaming control and revenue act," (MCL 432.201 to 432.216) by adding section 17.

The bill was read a first time by its title and referred to the Committee on House Oversight and Ethics.

Rep. Voorhees introduced

House Bill No. 4665, entitled

A bill to amend the Initiated Law of 1996, entitled "Michigan gaming control and revenue act," (MCL 432.201 to 432.216) by adding section 9a.

The bill was read a first time by its title and referred to the Committee on House Oversight and Ethics.

Rep. Voorhees introduced

House Bill No. 4666, entitled

A bill to amend the Initiated Law of 1996, entitled "Michigan gaming control and revenue act," (MCL 432.201 to 432.216) by adding section 10a.

The bill was read a first time by its title and referred to the Committee on House Oversight and Ethics.

Reps. Profit, Palamara and Wallace introduced

House Bill No. 4667, entitled

A bill to amend 1974 PA 258, entitled "Mental health code," by amending section 626 (MCL 330.1626).

The bill was read a first time by its title and referred to the Committee on Judiciary.

Reps. Profit, Palamara and Wallace introduced

House Bill No. 4668, entitled

A bill to amend 1978 PA 642, entitled "Revised probate code," by amending section 431 (MCL 700.431), as amended by 1984 PA 377.

The bill was read a first time by its title and referred to the Committee on Judiciary.

Reps. Profit, Palamara, Wallace, Quarles, Brater, Hanley, Cassis and Perricone introduced

House Bill No. 4669, entitled

A bill to amend 1975 PA 228, entitled "Single business tax act," (MCL 208.1 to 208.145) by adding section 39c.

The bill was read a first time by its title and referred to the Committee on Tax Policy.

Reps. Profit, Palamara, Wallace, Quarles, Brater, Hanley, Cassis and Perricone introduced

House Bill No. 4670, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," (MCL 206.1 to 206.532) by adding section 266.

The bill was read a first time by its title and referred to the Committee on Tax Policy.

Reps. Profit, Palamara, Wallace, Quarles, Hanley, Cassis and Perricone introduced

House Bill No. 4671, entitled

A bill to amend 1933 PA 167, entitled "General sales tax act," by amending section 4g (MCL 205.54g), as amended by 1996 PA 576.

The bill was read a first time by its title and referred to the Committee on Tax Policy.

Reps. Profit, Palamara, Wallace, Quarles, Brackenridge and Perricone introduced

House Bill No. 4672, entitled

A bill to amend 1945 PA 327, entitled "Aeronautics code of the state of Michigan," by amending section 203 (MCL 259.203).

The bill was read a first time by its title and referred to the Committee on Tax Policy.

Reps. Alley and Willard introduced

House Bill No. 4673, entitled

A bill to amend 1965 PA 314, entitled "An act to authorize the investment of assets of public employee retirement systems or plans created and established by the state or any political subdivision; to provide for the payment of certain costs and investment expenses; to authorize investment in variable rate interest loans; to define and limit the investments which may be made by an investment fiduciary with the assets of a public employee retirement system; and to prescribe the powers and duties of investment fiduciaries and certain state departments and officers," (MCL 38.1132 to 38.1140i) by adding section 13b.

The bill was read a first time by its title and referred to the Committee on Public Retirement.

Reps. Martinez, Wallace, Baird, Gubow, Brater, LaForge, Schroer, Hanley, Vaughn, Varga, Schauer, Rison, Bogardus, Thomas, Kilpatrick and Agee introduced

House Bill No. 4674, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 147b (MCL 750.147b), as added by 1988 PA 371.

The bill was read a first time by its title and referred to the Committee on Constitutional and Civil Rights.

Reps. Bobier, Freeman, Llewellyn, London, Kukuk, Middleton, Jelinek, Raczkowski, LeTarte, Godchaux, DeVuyst, Scranton, Jansen, Birkholz, Jellema, Kaza, Martinez, McManus, Goschka, Ciaramitaro, Hale, McBryde, Bodem, Dobb, Fitzgerald, Gilmer, Gernaat, Cherry, Baird, Prusi, Dalman, Richner and Jaye introduced

House Bill No. 4675, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding part 508.

The bill was read a first time by its title and referred to the Committee on Forestry and Mineral Rights.

Rep. Nye introduced

House Bill No. 4676, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," (MCL 500.100 to 500.8302) by adding section 2255.

The bill was read a first time by its title and referred to the Committee on Insurance.

Rep. Brackenridge introduced

House Bill No. 4677, entitled

A bill to amend 1846 RS 14, entitled "Of county officers," by amending sections 107 and 109 (MCL 55.107 and 55.109), section 107 as amended by 1993 PA 96 and section 109 as amended by 1984 PA 301.

The bill was read a first time by its title and referred to the Committee on Local Government.

Rep. Brackenridge introduced

House Bill No. 4678, entitled

A bill to amend 1972 PA 284, entitled "Business corporation act," by amending the title and sections 217 and 1060 (MCL 450.1217 and 450.2060), section 217 as amended by 1989 PA 121 and section 1060 as amended by 1993 PA 91.

The bill was read a first time by its title and referred to the Committee on Local Government.

Rep. Brackenridge introduced

House Bill No. 4679, entitled

A bill to amend 1887 PA 128, entitled "An act establishing the minimum ages for contracting marriages, for the requiring of a civil license in order to marry, and the due registration of the same, and to provide a penalty for the violation of the provisions of the same," by amending the title and sections 3 and 3a (MCL 551.103 and 551.103a), section 3 as amended by 1984 PA 346 and section 3a as amended by 1989 PA 270.

The bill was read a first time by its title and referred to the Committee on Local Government.

Rep. Ciaramitaro moved that the House adjourn.

The motion prevailed, the time being 6:40 p.m.

The Speaker declared the House adjourned until Thursday, April 24, at 10:00 a.m.

MARY KAY SCULLION

Clerk of the House of Representatives.