No. 45
JOURNAL OF THE HOUSE
House Chamber, Lansing, Wednesday, May 21, 1997.
2:00 p.m.
The House was called to order by the Associate Speaker Pro Tempore.
The roll was called by the Clerk of the House of Representatives, who announced that a quorum was present.
Agee--present
Alley--present
Anthony--present
Baade--present
Baird--present
Bankes--present
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--excused
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--e/d/s
Raczkowski--present
Rhead--present
Richner--present
Rison--present
Rocca--present
Schauer--present
Schermesser--present
Schroer--present
Scott--present
Scranton--present
Sikkema--present
Stallworth--excused
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 Rev. Jeff Bradley, Pastor, Three Oaks Free Methodist Church, Three Oaks, offered the following invocation:
"Dear Heavenly Father, There is no other like You. None with Your wisdom. None with Your counsel. None with Your strength. And, none with Your power, Lord.
Your works are marvelous. You set the stars within their place and set the earth within its course. You created man and entrusted him with the earth. We acknowledge today that every good and perfect gift comes from You. We praise You and thank You for the blessings in our lives.
We know that it was You who instituted government as a help for mankind. In this assembly today, men and women have gathered to discuss issues, weigh the benefits and costs of programs and statutes, and to represent the interests of the people of the state of Michigan.
Lord, Your wisdom is needed here as these people face an awesome task. Many issues arise, Lord, that bring out great passion and emotion; but, we know today that passion and emotion does not always lead to the best solution. Our knowledge of what is happening in our communities is only partial--Yours is complete. That is why we seek Your presence today in the opening of this assembly--to ask for Your discernment in our decision-making. We request today Your leading in this place and Your guiding us through the decision-making processes.
Lord, I thank You for each representative present here today. I thank You for their leadership abilities as well as their hearts to be our servants. I ask for Your peace in their lives. Amen."
______
The Speaker assumed the Chair.
Rep. Dobronski moved that Reps. Stallworth and Kilpatrick be excused from today's session.
The motion prevailed.
Second Reading of Bills
House Bill No. 4162, entitled
A bill to designate an official mammal of this state.
Was read a second time, and the question being on the adoption of the proposed amendment previously recommended by the Committee on Conservation, Environment and Recreation (for amendment, see House Journal No. 36, p. 730),
The amendment was adopted, a majority of the members serving voting therefor.
Rep. Dalman 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. 4162, entitled
A bill to designate an official mammal of this state.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 359 Yeas--103
Agee Dobronski Jelinek Perricone
Alley Emerson Jellema Price
Anthony Fitzgerald Johnson Profit
Baade Frank Kaza Prusi
Baird Freeman Kelly Raczkowski
Bankes Gagliardi Kukuk Rhead
Birkholz Galloway Law Richner
Bobier Geiger Leland Rison
Bodem Gernaat LeTarte Rocca
Bogardus Gilmer Llewellyn Schauer
Brackenridge Gire London Schermesser
Brater Godchaux Lowe Schroer
Brewer Goschka Mans Scott
Brown Green Martinez Sikkema
Byl Griffin Mathieu Tesanovich
Callahan Gubow McBryde Thomas
Cassis Gustafson McManus Varga
Cherry Hale McNutt Vaughn
Ciaramitaro Hammerstrom Middaugh Voorhees
Crissman Hanley Middleton Walberg
Cropsey Harder Murphy Wallace
Curtis Hertel Olshove Wetters
Dalman Hood Owen Whyman
DeHart Horton Oxender Willard
DeVuyst Jansen Palamara Wojno
Dobb Jaye Parks
Nays--2
Nye Scranton
In The Chair: Hertel
The House agreed to the title of the bill.
Rep. Gagliardi moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
House Bill No. 4456, entitled
A bill to amend 1953 PA 232, entitled "An act to revise, consolidate, and codify the laws relating to probationers and probation officers, to pardons, reprieves, commutations, and paroles, to the administration of correctional institutions, correctional farms, and probation recovery camps, to prisoner labor and correctional industries, and to the supervision and inspection of local jails and houses of correction; to provide for the siting of correctional facilities; to create a state department of corrections, and to prescribe its powers and duties; to provide for the transfer to and vesting in said department of powers and duties vested by law in certain other state boards, commissions, and officers, and to abolish certain boards, commissions, and offices the powers and duties of which are transferred by this act; to prescribe the powers and duties of certain other state departments and agencies; to provide for the creation of a local lockup advisory board; to prescribe penalties for the violation of the provisions of this act; to make certain appropriations; to repeal certain parts of this act on specific dates; and to repeal all acts and parts of acts inconsistent with the provisions of this act," (MCL 791.201 to 791.283) by adding section 68.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 360 Yeas--103
Agee Dobronski Jelinek Parks
Alley Emerson Jellema Perricone
Anthony Fitzgerald Johnson Price
Baade Frank Kaza Profit
Baird Freeman Kelly Prusi
Bankes Gagliardi Kukuk Raczkowski
Birkholz Galloway LaForge Rhead
Bobier Geiger Law Richner
Bodem Gernaat Leland Rocca
Bogardus Gilmer LeTarte Schauer
Brackenridge Gire Llewellyn Schermesser
Brater Godchaux London Schroer
Brewer Goschka Lowe Scott
Brown Green Mans Scranton
Byl Griffin Martinez Sikkema
Callahan Gubow Mathieu Tesanovich
Cassis Gustafson McBryde Thomas
Cherry Hale McManus Vaughn
Ciaramitaro Hammerstrom McNutt Voorhees
Crissman Hanley Middaugh Walberg
Cropsey Harder Middleton Wallace
Curtis Hertel Murphy Wetters
Dalman Hood Nye Whyman
DeHart Horton Olshove Willard
DeVuyst Jansen Oxender Wojno
Dobb Jaye Palamara
Nays--1
Rison
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 amend 1953 PA 232, entitled "An act to revise, consolidate, and codify the laws relating to probationers and probation officers, to pardons, reprieves, commutations, and paroles, to the administration of correctional institutions, correctional farms, and probation recovery camps, to prisoner labor and correctional industries, and to the supervision and inspection of local jails and houses of correction; to provide for the siting of correctional facilities; to create a state department of corrections, and to prescribe its powers and duties; to provide for the transfer to and vesting in said department of powers and duties vested by law in certain other state boards, commissions, and officers, and to abolish certain boards, commissions, and offices the powers and duties of which are transferred by this act; to allow for the operation of certain facilities by private entities; to prescribe the powers and duties of certain other state departments and agencies; to provide for the creation of a local lockup advisory board; to prescribe penalties for the violation of the provisions of this act; to make certain appropriations; to repeal certain parts of this act on specific dates; and to repeal all acts and parts of acts inconsistent with the provisions of this act," (MCL 791.201 to 791.283) by adding section 68a.
The motion prevailed.
The House agreed to the title as amended.
Rep. Gagliardi moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
______
Rep. Quarles entered the House Chambers.
House Bill No. 4635, 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 provide for certain duties of the secretary of state; and to prescribe certain penalties for violations," by amending sections 2 and 3 (MCL 28.292 and 28.293), section 2 as amended by 1996 PA 204.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 361 Yeas--96
Agee Fitzgerald Johnson Price
Anthony Frank Kelly Profit
Baade Freeman Kukuk Prusi
Baird Gagliardi Law Quarles
Bankes Galloway Leland Raczkowski
Birkholz Geiger LeTarte Rhead
Bobier Gernaat Llewellyn Richner
Bodem Gilmer London Rison
Bogardus Gire Lowe Rocca
Brackenridge Godchaux Mans Schauer
Brown Goschka Martinez Schermesser
Byl Green Mathieu Schroer
Callahan Gubow McBryde Scott
Cassis Gustafson McManus Scranton
Cherry Hale McNutt Sikkema
Ciaramitaro Hammerstrom Middaugh Tesanovich
Crissman Hanley Middleton Thomas
Cropsey Harder Murphy Vaughn
Curtis Hertel Nye Voorhees
Dalman Hood Olshove Walberg
DeHart Horton Oxender Wallace
DeVuyst Jansen Palamara Wetters
Dobb Jelinek Parks Willard
Dobronski Jellema Perricone Wojno
Nays--4
Brewer Jaye Kaza Whyman
In The Chair: Hertel
The House agreed to the title of the bill.
Rep. Gagliardi moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
House Bill No. 4728, entitled
A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending sections 263 and 264 (MCL 750.263 and 750.264); and to repeal acts and parts of acts.
The bill was read a third time.
The question being on the passage of the bill,
Rep. Jaye moved to amend the bill as follows:
1. Amend page 3, following line 22, by inserting:
"(7) THIS SECTION DOES NOT APPLY TO THE USE OF AN IDENTIFYING MARK IN THE NAME OF AN EVENT OR GATHERING HELD BY A RESTAURANT, ESTABLISHMENT LICENSED FOR ON-PREMISES ALCOHOLIC LIQUOR CONSUMPTION, OR SIMILAR BUSINESS OR AN ORGANIZATION OR TO THE ADVERTISING OR OTHER PROMOTION OF THE EVENT OR GATHERING IF THE EVENT OR GATHERING IS TO CELEBRATE, VIEW, OR COMMEMORATE AN ORGANIZED SPORTING EVENT AND THE IDENTIFYING MARK IS RELATED TO THAT SPORTING EVENT." and renumbering the remaining subsection.
2. Amend page 4, line 23, after "264." by inserting "(1)".
3. Amend page 5, following line 18, by inserting:
"(2) THIS SECTION DOES NOT APPLY TO THE USE OF AN IDENTIFYING MARK IN THE NAME OF AN EVENT OR GATHERING HELD BY A RESTAURANT, ESTABLISHMENT LICENSED FOR ON-PREMISES ALCOHOLIC LIQUOR CONSUMPTION, OR SIMILAR BUSINESS OR AN ORGANIZATION OR TO THE ADVERTISING OR OTHER PROMOTION OF THE EVENT OR GATHERING IF THE EVENT OR GATHERING IS TO CELEBRATE, VIEW, OR COMMEMORATE AN ORGANIZED SPORTING EVENT AND THE IDENTIFYING MARK IS RELATED TO THAT SPORTING EVENT.".
The motion was seconded.
The question being on the adoption of the amendments offered by Rep. Jaye,
Rep. Jaye demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendments offered by Rep. Jaye,
The amendments were not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 362 Yeas--45
Alley Gernaat LaForge Richner
Anthony Goschka Llewellyn Rocca
Bobier Green London Scott
Brackenridge Gustafson Lowe Scranton
Brown Hammerstrom McBryde Sikkema
Cassis Horton McManus Varga
Crissman Jansen Middaugh Vaughn
Cropsey Jaye Oxender Voorhees
DeHart Jelinek Perricone Walberg
DeVuyst Kaza Raczkowski Whyman
Galloway Kukuk Rhead Willard
Geiger
Nays--55
Agee Emerson Jellema Price
Baade Fitzgerald Kelly Profit
Baird Frank Leland Prusi
Bankes Freeman LeTarte Quarles
Bodem Gagliardi Mans Rison
Bogardus Gilmer Martinez Schauer
Brater Gire Mathieu Schermesser
Byl Griffin McNutt Schroer
Callahan Gubow Middleton Tesanovich
Cherry Hale Murphy Thomas
Ciaramitaro Hanley Olshove Wallace
Curtis Harder Owen Wetters
Dalman Hertel Palamara Wojno
Dobronski Hood Parks
In The Chair: Hertel
______
Rep. Wetters asked and obtained a temporary excuse from today's session.
The question being on the passage of the bill,
The bill was then passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 363 Yeas--98
Agee Dobronski Jellema Price
Alley Fitzgerald Johnson Profit
Anthony Frank Kelly Prusi
Baade Freeman Kukuk Quarles
Baird Gagliardi Law Raczkowski
Birkholz Galloway Leland Rhead
Bobier Geiger LeTarte Richner
Bodem Gernaat London Rison
Bogardus Gilmer Lowe Rocca
Brackenridge Gire Mans Schauer
Brater Godchaux Mathieu Schermesser
Brewer Goschka McBryde Schroer
Brown Green McManus Scott
Byl Griffin McNutt Scranton
Callahan Gubow Middaugh Sikkema
Cassis Gustafson Middleton Tesanovich
Cherry Hale Murphy Thomas
Ciaramitaro Hammerstrom Nye Varga
Crissman Hanley Olshove Vaughn
Cropsey Harder Owen Voorhees
Curtis Hertel Oxender Walberg
Dalman Hood Palamara Wallace
DeHart Horton Parks Willard
DeVuyst Jansen Perricone Wojno
Dobb Jelinek
Nays--4
Jaye Kaza Llewellyn Whyman
In The Chair: Hertel
The House agreed to the title of the bill.
Rep. Gagliardi moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
Reps. Anthony, Bodem, Callahan, Cherry, Dobronski, Gagliardi, Gustafson, Hale, Hammerstrom, Hood, Kukuk, Law, Owen, Prusi and Vaughn were named co-sponsors of the bill.
______
Rep. Kaza, 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:
This legislation would allow the Univ. of Michigan to forfeit the private property of citizens prior to conviction. According to the House Legislative Analysis Section, the forfeiture would occur when a warrant is issued "or incident to a lawful arrest." This bill is a blatant attack on private property meant to enrich certain government universities at the expense of citizens who have not been convicted in a court of law."
Rep. Jaye, 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:
This bill creates a one year misdemeanor and $500.00 fine if someone uses a name or logo of a sports team. This bill will outlaw a restaurant, bar or charity hall that has a Super Bowl, Rose Bowl or any other event or gathering to view or celebrate or commemorate an organized sporting event.
It's outrageous that public institutions, like the University of Michigan, can prohibit a restaurant or other group from using a logo which was created at public expense."
House Bill No. 4729, entitled
A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 4701 (MCL 600.4701), as amended by 1996 PA 327.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 364 Yeas--97
Agee Dobronski Jellema Price
Alley Fitzgerald Kelly Profit
Anthony Frank Kukuk Prusi
Baade Freeman LaForge Quarles
Baird Gagliardi Law Raczkowski
Bankes Galloway Leland Rhead
Birkholz Geiger LeTarte Richner
Bobier Gernaat London Rison
Bodem Gilmer Lowe Rocca
Bogardus Gire Mans Schauer
Brackenridge Godchaux Martinez Schermesser
Brater Goschka Mathieu Schroer
Brewer Green McBryde Scott
Brown Gubow McManus Scranton
Byl Gustafson McNutt Sikkema
Callahan Hale Middaugh Tesanovich
Cassis Hammerstrom Middleton Thomas
Cherry Hanley Murphy Varga
Ciaramitaro Harder Nye Vaughn
Crissman Hertel Olshove Voorhees
Cropsey Hood Owen Walberg
Curtis Horton Oxender Wallace
DeHart Jansen Parks Willard
DeVuyst Jelinek Perricone Wojno
Dobb
Nays--4
Jaye Kaza Llewellyn Whyman
In The Chair: Hertel
The House agreed to the title of the bill.
Rep. Gagliardi moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
House Bill No. 4458, entitled
A bill to amend 1846 RS 171, entitled "Of county jails and the regulation thereof," (MCL 801.1 to 801.27) by adding section 7a.
The bill was read a third time.
The question being on the passage of the bill,
Rep. McNutt moved to amend the bill as follows:
1. Amend page 1, line 3, after "VISIT." by inserting "HOWEVER, AN EMANCIPATED MINOR MAY BE ALLOWED TO VISIT IF HE OR SHE CAN SHOW PROOF OF EMANCIPATION.".
The motion was seconded and the amendment was adopted, a majority of the members serving voting therefor.
The question being on the passage of the bill,
Rep. Wallace moved that consideration of the bill be postponed temporarily.
The motion prevailed.
Second Reading of Bills
House Bill No. 4308, entitled
A bill to make appropriations for the department of education and certain other purposes relating to education for the fiscal year ending September 30, 1998; to provide for the expenditure of the appropriations; to prescribe the powers and duties of certain state departments, school districts, and other governmental bodies; and to provide for the disposition of fees and other income received by certain legal entities and state agencies.
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.
Reps. McBryde and Owen moved to amend the bill as follows:
1. Amend page 3, line 22, by striking out "2,166,700" and inserting "2,166,600" and adjusting the subtotals, totals, and section 201 accordingly.
2. Amend page 22, line 24, by striking out all of subsection (2) and renumbering the remaining subsections.
The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.
Rep. Middleton moved to amend the bill as follows:
1. Amend page 23, following line 8, by inserting:
"(4) The department shall require that any performance studies of charter schools conducted pursuant to a fiscal year 1996-97 appropriation include data that examine the reasons parents selected a public school academy as an alternative to traditional public education.".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Agee moved to amend the bill as follows:
1. Amend page 21, following line 19, by inserting:
"Sec. 217. If state school aid is paid to a school district for nonresident pupils enrolled in the school district under section 105 of the state school aid act, 1979 PA 94, MCL 388.1705, and the primary instructional site for the nonresident pupils is outside the boundaries of the educating district, the department's general fund appropriation shall be reduced by an amount equal to the amount received by the school district for the nonresident pupils.".
The question being on the adoption of the amendment offered by Rep. Agee,
Rep. Agee demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Agee,
The amendment was adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 365 Yeas--55
Agee Emerson Law Rison
Alley Frank Leland Schauer
Anthony Freeman Mans Schermesser
Baade Gagliardi Martinez Schroer
Baird Gire Mathieu Scott
Bogardus Godchaux Murphy Tesanovich
Brater Gubow Olshove Thomas
Brewer Hale Owen Varga
Brown Hanley Palamara Vaughn
Callahan Harder Parks Wallace
Cherry Hertel Price Wetters
Ciaramitaro Hood Profit Willard
Curtis Kelly Prusi Wojno
DeHart LaForge Quarles
Nays--47
Bankes Fitzgerald Jellema Nye
Birkholz Geiger Johnson Oxender
Bobier Gernaat Kaza Perricone
Bodem Gilmer LeTarte Raczkowski
Brackenridge Goschka 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
In The Chair: Hertel
Rep. Wallace moved to amend the bill as follows:
1. Amend page 3, line 13, by striking out all of line 13.
2. Amend page 4, line 1, by striking out all of line 1, and inserting:
"State general fund/general purpose $ 1,936,038"
and adjusting the subtotals, totals, and section 201 accordingly.
The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.
Rep. Brewer moved to amend the bill as follows:
1. Amend page 16, line 26, after "budget" by inserting a comma and "the house and senate appropriations committees, the house and senate fiscal agencies and the house and senate standing committees having jurisdiction over technology issues,".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Geiger moved to amend the bill as follows:
1. Amend page 16, following line 19, by inserting:
"Sec. 205a. (1) In addition to the funds appropriated in section 101, there is appropriated an amount not to exceed $7,171,600.00 for federal contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this bill under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.
(2) In addition to the funds appropriated in section 101, there is appropriated an amount not to exceed $1,000,000.00 for state restricted contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this bill under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.
(3) In addition to the funds appropriated in section 101, there is appropriated an amount not to exceed $250,000.00 for local contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this bill under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.
(4) In addition to the funds appropriated in section 101, there is appropriated an amount not to exceed $250,000.00 for private contingency funds. These funds are not available for expenditure until they have been transferred to another line item in this bill under section 393(2) of the management and budget act, 1984 PA 431, MCL 18.1393.".
The question being on the adoption of the amendment offered by Rep. Geiger,
Rep. Geiger demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Geiger,
The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 366 Yeas--51
Bankes Geiger Johnson Nye
Birkholz Gernaat Kaza Oxender
Bobier Gilmer Kukuk Perricone
Bodem Godchaux Law Raczkowski
Brackenridge Goschka LeTarte Rhead
Byl Green Llewellyn Richner
Cassis Gustafson London Rocca
Crissman Hammerstrom Lowe Scranton
Cropsey Horton McBryde Sikkema
Dalman Jansen McManus Voorhees
DeVuyst Jaye McNutt Walberg
Dobb Jelinek Middaugh Whyman
Fitzgerald Jellema Middleton
Nays--53
Agee Dobronski Kelly Quarles
Alley Emerson LaForge Rison
Anthony Frank Leland Schauer
Baade Freeman Mans Schermesser
Baird Gagliardi Martinez Schroer
Bogardus Gire Mathieu Scott
Brater Griffin Murphy Tesanovich
Brewer Gubow Olshove Thomas
Brown Hale Owen Varga
Callahan Hanley Palamara Vaughn
Cherry Harder Parks Wetters
Ciaramitaro Hertel Price Willard
Curtis Hood Prusi Wojno
DeHart
In The Chair: Hertel
______
The Speaker called the Speaker Pro Tempore to the Chair.
Rep. Sikkema moved to reconsider the vote by which the House adopted the amendments offered previously by Rep. Wallace.
The motion prevailed, a majority of the members present voting therefor.
The question being on the adoption of the amendments offered previously by Rep. Wallace,
Rep. Wallace demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendments offered previously by Rep. Wallace,
The amendments were not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 367 Yeas--22
Agee Freeman LaForge Tesanovich
Baade Hale Mathieu Thomas
Curtis Hanley Palamara Vaughn
DeHart Harder Parks Wallace
Dobronski Jaye Scott Wetters
Frank Kelly
Nays--76
Anthony Emerson Kaza Price
Bankes Fitzgerald Kukuk Profit
Birkholz Gagliardi Law Prusi
Bobier Geiger Leland Quarles
Bogardus Gernaat LeTarte Raczkowski
Brackenridge Gilmer Llewellyn Rhead
Brater Gire London Richner
Brewer Godchaux Lowe Rocca
Brown Goschka Mans Schauer
Byl Green McBryde Schermesser
Callahan Gubow McManus Schroer
Cassis Gustafson McNutt Scranton
Cherry Hammerstrom Middaugh Sikkema
Ciaramitaro Hood Middleton Varga
Crissman Horton Nye Voorhees
Cropsey Jansen Olshove Walberg
Dalman Jelinek Owen Whyman
DeVuyst Jellema Oxender Willard
Dobb Johnson Perricone Wojno
In The Chair: Murphy
Rep. Jaye moved to amend the bill as follows:
1. Amend page 1, line 1, by striking out all of section 101 and inserting:
"Sec. 101. There is appropriated for the department of education for the fiscal year ending September 30, 1998, from the following funds:
DEPARTMENT OF EDUCATION
APPROPRIATION SUMMARY:
Full-time equated classified positions 426.6
GROSS APPROPRIATION $ 790,809,412
Interdepartmental grant revenues:
Interdepartmental grant from civil service 6,200
Interdepartmental grant from consumer and industry services 404,600
Interdepartmental grant from corrections academy lease 600,000
Interdepartmental grant from Michigan jobs commission 212,900
Interdepartmental grant from family independence agency 94,000
Interdepartmental grant from treasury 150,000
Total interdepartmental grants and intradepartmental transfers 1,467,700
ADJUSTED GROSS APPROPRIATION $ 789,341,712
Federal revenues:
Total federal revenues 739,199,281
Special revenue funds:
Local cost sharing (schools for blind/deaf) 5,988,200
Gifts, bequests, and donations 357,200
Private foundations 117,200
Student insurance revenue 100,000
Certification fees 2,579,400
Commodity distribution fees 40,100
Driver fees 8,080,000
Lansing, Michigan school for the blind rent 600,000
Living and learning resource center - rent 60,000
Motorcycle license fees 1,004,100
Safety education fund 307,200
Private occupational school license fees 255,100
School loan exception fees 51,500
State employee child care center 90,000
Teacher testing fees 257,300
Training and orientation workshop fees 100,000
State general fund/general purpose $ 30,155,131
STATE BOARD OF EDUCATION/ OFFICE OF THE SUPERINTENDENT
Full-time equated classified positions 4.0
State board/ superintendent operations--4.0 FTE positions $ 1,316,200
GROSS APPROPRIATION $ 1,316,200
Appropriated from:
Federal revenues:
Federal revenues 627,600
State general fund/general purpose $ 688,600
CENTRAL SUPPORT
Full-time equated classified positions 18.7
Central support--14.7 FTE positions $ 433,700
Office of Contracts and Grants--4.0 FTE positions 397,600
Worker's compensation 133,100
Education commission of the states 87,400
Building occupancy charges - property management services 1,255,500
Training and orientation workshops 100,000
GROSS APPROPRIATION $ 2,407,300
Appropriated from:
Interdepartmental grant revenues:
Interdepartmental grant from civil service 6,200
Federal revenues:
Federal revenues 1,549,400
Special revenue funds:
Certification fees 92,800
Driver fees 12,900
Lansing, Michigan school for the blind rent 500,000
Motorcycle license fees 4,100
Private occupational school license fees 5,100
Safety education fund 1,000
School loan exception fees 51,500
Teacher testing fees 5,000
Training and orientation workshop fees 100,000
State general fund/general purpose $ 79,300
SCHOOL SUPPORT SERVICES
Full-time equated classified positions 93.9
School support operations--93.9 FTE positions $ 8,464,890
GROSS APPROPRIATION $ 8,464,890
Appropriated from:
Federal revenues:
Federal revenues 7,354,500
Special revenue funds:
Commodity distribution fees 40,100
Driver fees 456,700
Motorcycle license fees 132,700
Safety education fund 111,900
State general fund/general purpose $ 368,990
TECHNOLOGY AND INFORMATION SERVICES
Full-time equated classified positions 37.4
Technology and information operations--37.4 FTE positions $ 4,957,300
GROSS APPROPRIATION $ 4,957,300
Appropriated from:
Interdepartmental grant revenues:
Interdepartmental grant from consumer and industry services 404,600
Interdepartmental grant from Michigan jobs commission 212,900
Interdepartmental grant from treasury 150,000
Federal revenues:
Federal revenues 3,473,900
Special revenue funds:
Certification fees 246,100
Driver fees 10,400
State general fund/general purpose $ 459,400
SCHOOL PROGRAM QUALITY SERVICES
Full-time equated classified positions 42.4
Comprehensive school health--4.0 FTE positions $ 839,400
Early childhood education--5.2 FTE positions 1,117,150
Michigan educational assessment program--2.8 FTE positions 693,460
School program quality operations--30.4 FTE positions 4,289,620
Test development and administration 7,388,400
GROSS APPROPRIATION $ 14,328,030
Appropriated from:
Federal revenues:
Federal revenues 5,268,500
Special revenue funds:
Private foundations 22,400
State general fund/general purpose $ 9,037,130
SPECIAL EDUCATION SERVICES
Full-time equated classified positions 44.4
Special education operations--44.4 FTE positions $ 3,933,110
GROSS APPROPRIATION $ 3,933,110
Appropriated from:
Federal revenues:
Federal revenues 3,865,300
Special revenue funds:
Certification fees 19,000
State general fund/general purpose $ 48,810
LANSING, MICHIGAN SCHOOL FOR THE BLIND FORMER SITE
General services $ 800,000
GROSS APPROPRIATION $ 800,000
Appropriated from:
Interdepartmental grant revenues:
Interdepartmental grant from corrections academy lease 600,000
Special revenue funds:
Lansing, Michigan school for the blind rent 100,000
Gifts, bequests, and donations 10,000
State employee child care center 90,000
State general fund/general purpose $ 0
MICHIGAN SCHOOL FOR THE DEAF AND BLIND
Full-time equated classified positions 92.3
School for the deaf/ blind operations--90.0 FTE positions $ 7,149,100
Summer institute 300,000
Michigan deaf/blind center--2.3 FTE positions 149,300
Camp Tuhsmeheta 150,000
Private gifts - blind 90,000
Private gifts - deaf 50,000
GROSS APPROPRIATION $ 7,888,400
Appropriated from:
Federal revenues:
Federal revenues 1,129,000
Special revenue funds:
Local cost sharing (schools for blind/deaf) 5,988,200
Gifts, bequests, and donations 347,200
Living and learning resource center - rent 60,000
Student insurance revenue 100,000
State general fund/general purpose $ 264,000
CAREER DEVELOPMENT & POSTSECONDARY COORDINATION SERVICES
Full-time equated classified positions 62.0
Career and technical education operations--27.5 FTE positions $ 2,196,150
Higher education management operations--25.5 positions 1,922,850
Office of minority equity--9.0 FTE positions 701,750
GROSS APPROPRIATION $ 4,820,750
Appropriated from:
Federal revenues:
Federal revenues 4,342,700
Special revenue funds:
Certification fees 106,500
Private occupational school license fees 250,000
State general fund/general purpose $ 121,550
TEACHER PREPARATION / CERTIFICATION AND TENURE SERVICES
Full-time equated classified positions 31.5
Teacher preparation and certification operations--31.5 FTE positions $ 2,495,700
Department of attorney general 40,000
GROSS APPROPRIATION $ 2,535,700
Appropriated from:
Federal revenues:
Federal revenues 213,900
Special revenue funds:
Certification fees 2,115,000
Teacher testing fees 252,300
State general fund/general purpose $ (45,500)
GRANTS AND DISTRIBUTIONS
FEDERAL PROGRAMS:
Adult basic education $ 8,024,100
Acquired immunodeficiency syndrome education grants 330,000
Competitive child care and development 480,000
Curriculum framework grants 100,000
Drug free schools grant 13,538,000
Eisenhower mathematics and science grants 12,940,000
Emergency immigrant 700,000
Goals 2000 grants 19,720,000
Handicapped infants and toddlers 16,000,000
Homeless children and youth 833,000
Job training partnership act 7,952,700
Michigan charter school subgrant 348,600
Migrant even start 282,300
Pre-school grants (PL 94-142) 12,400,000
School lunch program-federal share 220,000,000
School to work 1,800,000
Serve America grants 840,000
Special education 10,189,800
State literacy resource center 263,600
Statewide systemic initiative grant 1,900,000
Surplus commodity 2,506,000
Title 1, disadvantaged children 313,500,000
Title 1, even start 3,990,000
Title 1, migrant 12,000,000
Title VI, innovative strategies 13,480,900
Training personnel for education of the handicapped 253,600
Vocational education act of 1963 38,507,200
STATE PROGRAMS:
Communities first pilot projects $ 95,000
Christa McAuliffe grants 94,800
Driver education 7,600,000
School readiness grants 13,203,000
Motorcycle safety education 867,300
National geographic alliance 36,800
Off road vehicle safety training grant 194,300
School lunch and breakfast 6,728,000
GROSS APPROPRIATION $ 741,699,000
Appropriated from:
Interdepartmental grant revenues:
Interdepartmental grant from social services 94,000
Federal revenues:
DAG-food and nutrition service, national school lunch 220,000,000
DAG-the emergency food assistance program 2,506,000
DED-grants and contracts service, school to work 1,800,000
DED-OBEMLA, emergency immigrant education assistance 700,000
DED-OERI, innovation in education 100,000
DED-OESE, charter schools 348,600
DED-OESE, drug free schools and communities 13,538,000
DED-OESE, goals 2,000 19,720,000
DED-OESE, Eisenhower mathematics and science administration 12,940,000
DED-OESE, migrant even start 282,300
DED-OESE, title 1, disadvantaged children 313,500,000
DED-OESE, title 1, even start 3,990,000
DED-OESE, title 1, migrant education 12,000,000
DED-OESE, title VI, innovative strategies 13,480,900
DED-OSERS, handicapped infants and toddlers 16,000,000
DED-OSERS, handicapped preschool incentive grants 12,400,000
DED-OSERS, handicapped program, individuals with disabilities act 10,189,800
DED-OSERS, personnel development 253,600
DED-OVAE, adult education, state administered program 8,024,100
DED-OVAE, basic grants to states 38,507,200
DED-OVAE, homeless children and youth 833,000
DED-OVAE, state literacy resource center 263,600
DOL, job training partnership act 7,952,700
HHS-administration of child and family, at risk child care 480,000
HHS-center for disease control, acquired immunodeficiency syndrome education 330,000
National science foundation 1,900,000
Corporation for national and community service 840,000
Special revenue funds:
Driver fees 7,600,000
Motorcycle license fees 867,300
Private foundations 94,800
Safety education fund 194,300
State general fund/general purpose $ 19,968,800
EARLY RETIREMENT SAVINGS
Early retirement compensation savings $ (3,118,500)
Salary and fringe benefit restorations 777,232
GROSS APPROPRIATION $ (2,341,268)
Appropriated from:
Federal revenues (1,505,319)
State general fund/general purpose $ (835,949)".
2. Amend page 10, following line 22, by inserting:
"Student grant programs 14,020,310"
and adjusting the subtotals, totals, and section 201 accordingly.
3. Amend page 21, line 21, by striking out all of sections 301 and 302.
4. Amend page 33, following line 24, by inserting:
"Sec. 904. From the funds appropriated in section 101 for student grant programs, $14,020,310.00 shall be expended for scholarships and other educational grants to economically disadvantaged pupils regardless of the pupil's religion, race, color, national origin, age, sex, height, weight, familial status, or marital status.".
The question being on the adoption of the amendments offered by Rep. Jaye,
Rep. Jaye demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendments offered by Rep. Jaye,
The amendments were not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 368 Yeas--16
Cropsey Goschka Jaye Raczkowski
Dalman Green Kaza Rhead
DeVuyst Hammerstrom Llewellyn Rocca
Gernaat Horton Lowe Whyman
Nays--89
Agee Dobronski Kelly Perricone
Alley Emerson Kukuk Price
Anthony Fitzgerald LaForge Profit
Baade Frank Law Prusi
Baird Freeman Leland Quarles
Bankes Gagliardi LeTarte Richner
Birkholz Galloway London Rison
Bobier Geiger Mans Schauer
Bodem Gilmer Martinez Schermesser
Bogardus Gire Mathieu Schroer
Brackenridge Godchaux McBryde Scott
Brater Griffin McManus Scranton
Brewer Gubow McNutt Sikkema
Brown Gustafson Middaugh Tesanovich
Byl Hale Middleton Thomas
Callahan Hanley Murphy Vaughn
Cassis Harder Nye Voorhees
Cherry Hood Olshove Walberg
Ciaramitaro Jansen Owen Wallace
Crissman Jelinek Oxender Wetters
Curtis Jellema Palamara Willard
DeHart Johnson Parks Wojno
Dobb
In The Chair: Murphy
Rep. Dalman moved to amend the bill as follows:
1. Amend page 24, following line 17, by inserting:
"Sec. 602. (1) From the amount appropriated in section 101, there is allocated up to $300,000.00 for an office for safe schools within the department. The office for safe schools shall work with local school boards, law enforcement agencies, community leaders, and other state departments and agencies for the prevention of school violence, and shall serve as a statewide clearinghouse for information, program development, and technical assistance on school violence prevention.
(2) The office for safe schools shall:
(a) Collect and compile information on school violence and campus crime at public schools, community colleges, and universities, and shall make this information available in written and electronic internet format to parents, students, school personnel, and others.
(b) Evaluate the effectiveness of public school violence prevention programs, including but not limited to programs aimed at reducing the possession of weapons on school campuses, violence prevention curricula, conflict resolution and peer mediation training, parental involvement programs, and school safety planning.
(c) Provide public education on school violence prevention and crime awareness, including but not limited to presentations to students, school personnel, civic groups, and other organizations.".
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. 369 Yeas--105
Agee Fitzgerald Johnson Perricone
Alley Frank Kaza Price
Anthony Freeman Kelly Profit
Baade Gagliardi Kukuk Prusi
Baird Galloway LaForge Quarles
Bankes Geiger Law Raczkowski
Birkholz Gernaat Leland Rhead
Bobier Gilmer LeTarte Richner
Bodem Gire Llewellyn Rocca
Bogardus Godchaux London Schauer
Brackenridge Goschka Lowe Schermesser
Brater Green Mans Schroer
Brewer Griffin Martinez Scott
Brown Gubow Mathieu Scranton
Byl Gustafson McBryde Sikkema
Callahan Hale McManus Tesanovich
Cassis Hammerstrom McNutt Thomas
Cherry Hanley Middaugh Varga
Ciaramitaro Harder Middleton Vaughn
Crissman Hertel Murphy Voorhees
Cropsey Hood Nye Walberg
Curtis Horton Olshove Wallace
Dalman Jansen Owen Wetters
DeVuyst Jaye Oxender Whyman
Dobb Jelinek Palamara Willard
Dobronski Jellema Parks Wojno
Emerson
Nays--0
In The Chair: Murphy
Reps. Voorhees and Kaza moved to amend the bill as follows:
1. Amend page 33, following line 24, by inserting:
"Sec. 904. The amount appropriated in section 101 for goals 2000 grants shall not be expended unless the programs to receive the funds have been reviewed and approved by the senate and house standing committees responsible for education issues.
Sec. 905. The amount appropriated in section 101 for school to work shall not be expended unless the programs to receive the funds have been reviewed and approved by the senate and house standing committees responsible for education issues.".
The question being on the adoption of the amendment offered by Reps. Voorhees and Kaza,
Rep. Voorhees demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Reps. Voorhees and Kaza,
The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 370 Yeas--33
Birkholz Horton Lowe Raczkowski
Brown Jansen McBryde Rhead
Cropsey Jaye McManus Richner
Dalman Kaza Middaugh Rocca
Geiger Kukuk Nye Voorhees
Gernaat LaForge Olshove Walberg
Goschka Law Perricone Whyman
Green Llewellyn Profit Willard
Harder
Nays--71
Agee Curtis Hammerstrom Price
Alley DeHart Hanley Prusi
Anthony DeVuyst Hood Quarles
Baade Dobb Jelinek Rison
Baird Dobronski Jellema Schauer
Bankes Emerson Johnson Schermesser
Bobier Fitzgerald Kelly Schroer
Bodem Frank Leland Scott
Bogardus Freeman LeTarte Scranton
Brackenridge Gagliardi London Sikkema
Brater Galloway Mans Tesanovich
Brewer Gilmer McNutt Thomas
Byl Gire Middleton Varga
Callahan Godchaux Murphy Vaughn
Cassis Griffin Owen Wallace
Cherry Gubow Oxender Wetters
Ciaramitaro Gustafson Palamara Wojno
Crissman Hale Parks
In The Chair: Murphy
______
Rep. Rhead asked and obtained an excuse from the balance of today's session.
Rep. Jaye moved to amend the bill as follows:
1. Amend page 24, following line 17, by inserting:
"Sec. 602. The department shall employ a bill collection agency to collect money from a public, charter, private, or religious school that issues a high school diploma to a student who is later required to expend course fees for remedial instruction in math, science, English, or writing, if the student received a passing grade in that course from the school that issued the diploma.".
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. 371 Yeas--20
Birkholz Green Kaza Richner
Brewer Hammerstrom Llewellyn Rocca
Cropsey Horton McBryde Sikkema
Godchaux Jansen Perricone Voorhees
Goschka Jaye Raczkowski Whyman
Nays--84
Agee DeVuyst Johnson Palamara
Alley Dobb Kelly Parks
Anthony Dobronski Kukuk Price
Baade Emerson LaForge Profit
Baird Fitzgerald Law Prusi
Bankes Frank Leland Quarles
Bobier Freeman LeTarte Rison
Bodem Gagliardi London Schauer
Bogardus Galloway Lowe Schermesser
Brackenridge Gernaat Mans Schroer
Brater Gilmer Martinez Scott
Brown Gire Mathieu Scranton
Byl Gubow McManus Tesanovich
Callahan Gustafson McNutt Thomas
Cassis Hale Middaugh Varga
Cherry Hanley Middleton Vaughn
Ciaramitaro Harder Murphy Walberg
Crissman Hertel Nye Wallace
Curtis Hood Olshove Wetters
Dalman Jelinek Owen Willard
DeHart Jellema Oxender Wojno
In The Chair: Murphy
Rep. Wetters moved to amend the bill as follows:
1. Amend page 24, following line 17, by inserting:
"Sec. 602. School districts shall notify their state representative and state senator of the time and place the state high school proficiency test shall be administered in their district and offer the elected officials an opportunity to take the high school proficiency test under the same conditions as students who are required to take the test. School districts shall notify the state legislators of their test results.".
The question being on the adoption of the amendment offered by Rep. Wetters,
Rep. Wetters demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Wetters,
After debate,
Rep. Griffin demanded the previous question.
The demand was supported.
The question being, "Shall the main question now be put?"
The previous question was ordered.
The question being on the adoption of the amendment offered by Rep. Wetters,
The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 372 Yeas--38
Bodem Galloway Jaye Richner
Brackenridge Geiger Jelinek Rocca
Brewer Gernaat Kaza Scranton
Brown Gire Llewellyn Sikkema
Byl Godchaux Mans Voorhees
Cassis Goschka Martinez Wallace
Crissman Green McBryde Wetters
DeVuyst Hammerstrom Perricone Willard
Dobb Harder Raczkowski Wojno
Frank Jansen
Nays--65
Agee Emerson LaForge Parks
Alley Fitzgerald Law Price
Anthony Freeman Leland Profit
Baade Gagliardi LeTarte Prusi
Baird Gilmer London Quarles
Bankes Griffin Lowe Rison
Bobier Gubow Mathieu Schauer
Bogardus Gustafson McNutt Schermesser
Brater Hale Middaugh Schroer
Callahan Hanley Middleton Scott
Cherry Hood Murphy Tesanovich
Ciaramitaro Horton Nye Thomas
Cropsey Jellema Olshove Varga
Curtis Johnson Owen Vaughn
Dalman Kelly Oxender Walberg
DeHart Kukuk Palamara Whyman
Dobronski
In The Chair: Murphy
Reps. Wallace and Martinez moved to amend the bill as follows:
1. Amend page 24, following line 17, following section 602, by inserting:
"Sec. 603. From the amount appropriated in section 101, there is allocated $200,000.00 to develop early childhood education programs for children aged 0 to 3 years.".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Reps. Voorhees and Kaza moved to amend the bill as follows:
1. Amend page 33, following line 24, by inserting:
"Sec. 904. The department of education shall distribute quarterly reports to the house and senate standing committees on education detailing expenditures, encumbrances, and remaining balances for Goals 2000 and school to work grants appropriated for the fiscal year ending September 30, 1998.".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Oxender moved to amend the bill as follows:
1. Amend page 10, following line 23, by inserting:
"National board certification 20,000"
and adjusting the subtotals, totals, and section 201 accordingly.
2. Amend page 33, following section 904, following line 24, by inserting:
"Sec. 905. From the funds appropriated in section 101 for national board certification, the department shall pay one-half of the application fee for teachers who are deemed by the department by March 1, 1998 to be most qualified to apply to the national board for professional teaching standards for professional teaching certificates or licenses and to provide grants to recognize and reward teachers who receive certification or licensure.".
The question being on the adoption of the amendments offered by Rep. Oxender,
Rep. Wallace moved to amend the Oxender amendment as follows:
1. Amend the Oxender amendment, page 33, following line 24, Sec. 905, after "March 1, 1998 to be" by striking out "most".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
The question being on the adoption of the amendments offered previously by Rep. Oxender,
The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.
Rep. Raczkowski moved to amend the bill as follows:
1. Amend page 8, line 17, by striking out all of line 17.
2. Amend page 10, following line 22, by inserting:
"Student grant programs 900,200"
and adjusting the subtotals, totals, and section 201 accordingly.
3. Amend page 33, following line 24, following section 905, by inserting:
"Sec. 906. From the funds appropriated in section 101 for student grant programs, $900,200.00 shall be expended for scholarships and other educational grants to economically disadvantaged pupils regardless of the pupil's religion, race, color, national origin, age, sex, height, weight, familial status, or marital status.".
The question being on the adoption of the amendments offered by Rep. Raczkowski,
Rep. Raczkowski demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendments offered by Rep. Raczkowski,
The amendments were not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 373 Yeas--28
Birkholz Gustafson Llewellyn Raczkowski
Cropsey Horton London Richner
DeVuyst Jansen Lowe Rocca
Geiger Jaye McBryde Sikkema
Gernaat Jelinek McManus Voorhees
Goschka Johnson McNutt Walberg
Green Kukuk Perricone Whyman
Nays--77
Agee DeHart Hood Parks
Alley Dobb Jellema Price
Anthony Dobronski Kaza Profit
Baade Emerson Kelly Prusi
Baird Fitzgerald LaForge Quarles
Bankes Frank Law Rison
Bobier Freeman Leland Schauer
Bodem Gagliardi LeTarte Schermesser
Bogardus Galloway Mans Schroer
Brackenridge Gilmer Martinez Scott
Brater Gire Mathieu Scranton
Brewer Godchaux Middaugh Tesanovich
Brown Griffin Middleton Thomas
Byl Gubow Murphy Varga
Callahan Hale Nye Vaughn
Cassis Hammerstrom Olshove Wallace
Cherry Hanley Owen Wetters
Ciaramitaro Harder Oxender Willard
Curtis Hertel Palamara Wojno
Dalman
In The Chair: Murphy
Rep. Oxender 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. 4308, entitled
A bill to make appropriations for the department of education and certain other purposes relating to education for the fiscal year ending September 30, 1998; to provide for the expenditure of the appropriations; to prescribe the powers and duties of certain state departments, school districts, and other governmental bodies; and to provide for the disposition of fees and other income received by certain legal entities and state agencies.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 374 Yeas--94
Agee Dobb Jelinek Perricone
Alley Dobronski Jellema Price
Anthony Emerson Kelly Profit
Baade Fitzgerald Kukuk Prusi
Baird Frank LaForge Quarles
Bankes Freeman Law Raczkowski
Birkholz Gagliardi Leland Richner
Bobier Galloway LeTarte Rison
Bodem Geiger London Rocca
Bogardus Gernaat Mans Schauer
Brackenridge Gilmer Martinez Schermesser
Brater Gire Mathieu Schroer
Brewer Godchaux McBryde Scott
Brown Goschka McManus Scranton
Byl Griffin McNutt Sikkema
Callahan Gubow Middaugh Tesanovich
Cassis Gustafson Middleton Thomas
Cherry Hale Murphy Varga
Ciaramitaro Hammerstrom Olshove Vaughn
Crissman Hanley Owen Wallace
Curtis Harder Oxender Wetters
Dalman Hertel Palamara Willard
DeHart Hood Parks Wojno
DeVuyst Jansen
Nays--12
Cropsey Jaye Llewellyn Voorhees
Green Johnson Lowe Walberg
Horton Kaza Nye Whyman
In The Chair: Murphy
The House agreed to the title of the bill.
______
Rep. Voorhees, 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:
Amendment No. 15 to HB 4308, Section 602: From the amount appropriated in section 101 there is allocated $200,000 to develop early childhood education programs for children aged 0 to 3 years. I cannot support this bill with this amendment which is a philosophy of early intervention and that has not been determined to be beneficial. This budget is over projection and thereby causes my no vote."
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. 375 Yeas--49
Agee DeHart LaForge Quarles
Alley Dobronski Leland Rison
Anthony Emerson Martinez Schauer
Baade Frank Mathieu Schermesser
Baird Freeman Murphy Schroer
Bogardus Gagliardi Olshove Scott
Brater Gire Owen Tesanovich
Brewer Gubow Palamara Thomas
Brown Hale Parks Varga
Callahan Hanley Price Vaughn
Cherry Hood Profit Wallace
Ciaramitaro Kelly Prusi Wetters
Curtis
Nays--50
Bankes Galloway Jellema Middleton
Birkholz Geiger Johnson Nye
Bobier Gernaat Kaza Oxender
Bodem Gilmer Kukuk Perricone
Brackenridge Godchaux Law Raczkowski
Byl Goschka LeTarte Richner
Cassis Green London Rocca
Crissman Gustafson Lowe Scranton
Cropsey Hammerstrom McBryde Sikkema
Dalman Horton McManus Voorhees
DeVuyst Jansen McNutt Walberg
Dobb Jaye Middaugh Whyman
Fitzgerald Jelinek
In The Chair: Murphy
______
Rep. Gagliardi moved that House Committees be given leave to meet during the balance of today's session.
The motion prevailed.
By unanimous consent the House returned to the order of
Motions and Resolutions
Rep. Gagliardi moved that a respectful message be sent to the Senate requesting the return of House BillNo. 4219 and House Bill No. 4220.
The motion prevailed.
Reps. Fitzgerald, Rocca, Dobronski, Kelly, Middaugh, Freeman, Raczkowski, Perricone, Baird, McBryde, Galloway, Varga, Crissman, Goschka, McNutt, Hammerstrom, Dobb, Bodem, Richner and Birkholz offered the following resolution:
House Resolution No. 62.
A resolution honoring Barry M. Wright, Ph.D., the 1997 recipient of the Selma Fraiberg Award.
Whereas, It is with great respect for his contributions that we pay tribute to Barry M. Wright, Ph.D., as he receives the Selma Fraiberg Award from the Michigan Association for Infant Mental Health. This honor is a testimony to his unwavering focus on the shaping of strong and healthy first relationships to nurture our babies. Through his guidance and quiet leadership, numerous programs have been able to offer support to troubled families, to assist parents in learning what their babies and young children need in order to thrive, as well as how to offer their children better beginnings that positively and dramatically influence their futures; and
Whereas, As one would expect from an individual like Dr. Wright, his impact is felt far beyond the confines of his office. He weaves together many perspectives with eloquence and grace, never losing sight of the goal of providing a secure base of understanding which allows the practitioner to return to the next home visit renewed and better prepared to sensitively and effectively respond to the family's needs. Dr. Wright's style of mentoring and advocacy on behalf of children and parents is unquestionably genuine, low-key, and grounded in the strength of his commitment, his intellect, and his compassion; and
Whereas, Day in and day out, Dr. Wright endures, always striving to do his best and earning the respect of his peers and clients. The list of communities and programs which have benefited from his expertise is extensive. It is only with such caring support and consultation that we can maintain our own abilities and effectiveness at providing much needed assistance to troubled families in troubled times. Dr. Barry M. Wright has been a clear, persisting beacon of light for countless infant-parent clinicians, advocates, policy makers, and others concerned with the quality of life offered our youngest citizens; now, therefore, be it
Resolved by the House of Representatives, That we hereby honor Barry M. Wright, Ph.D., recipient of the Selma Fraiberg Award from the Michigan Association for Infant Mental Health. His contributions to the families of Michigan and to the professionals striving to make each family the safe, secure base for children to grow up healthy, happy, and productive is greatly appreciated; and be it further
Resolved, That a copy of this resolution be transmitted to Dr. Wright as a token of our high esteem for his contribution to the children and families of Michigan.
Pending the reference of the resolution to a committee,
Rep. Gagliardi 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, a majority of the members serving voting therefor.
Reps. Vaughn, Freeman, Scott, DeHart, Hood, Quarles, Hale, Price, Kaza, Wallace, Stallworth, Thomas, Wetters, Parks, Rocca, Dobronski, Kelly, Murphy, Tesanovich, Baird, Martinez, Galloway, Varga, Jelinek and Bodem offered the following concurrent resolution:
House Concurrent Resolution No. 42.
A concurrent resolution to urge the United States Department of Agriculture to take strong steps to halt all discrimination against Black farmers and to memorialize the Congress of the United States to enact recommended legislation.
Whereas, In any situation, the difficulties facing family farming operations are numerous and challenging. The number of farms has declined steadily for many years, both in Michigan and throughout the entire country. For Black farmers across this nation, however, the obstacles to survival are staggering. Recent investigations through the Congressional Black Caucus and organizations like the National Black Farmers Association have revealed the extent of discrimination against African American farm operations. These civil rights violations were contained in recommendations of a task force within the United States Department of Agriculture; and
Whereas, Access to capital, a vital component of any farming operation, has been denied to many Black farmers. When not denied outright, through loans refused and ultimate foreclosures, loans for Black farmers often take far longer to be approved. The result of a delay for a farm loan is often financial ruin; and
Whereas, According to the National Black Farmers Association, the USDA foreclosed on 1,000 Black farms in the last eight months. Black farmers are losing land at a rate of 9,000 acres a week. At this rate, according to the chair of the Congressional Black Caucus, Black farms will vanish by the year 2000; and
Whereas, The USDA, through its civil rights study group, has identified specific legislative changes to combat discrimination in its policies and programs. Any delay in implementing needed changes and in revamping the department's response to Black farmers is too long; now, therefore, be it
Resolved by the House of Representatives (the Senate concurring), That we urge the United States Department of Agriculture to take strong steps to halt all discrimination against Black farmers and to memorialize the Congress of the United States to enact legislation recommended by the USDA Civil Rights Task Force; and be it further
Resolved, That copies of this resolution be transmitted to the United States Department of Agriculture, the President of the United States Senate, the Speaker of the United States House of Representatives, and the members of the Michigan congressional delegation.
The concurrent resolution was referred to the Committee on Agriculture.
Reports of Standing Committees
The Committee on Tax Policy, by Rep. Profit, Chair, reported
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.
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 4669 To Report Out:
Yeas: Reps. Profit, Agee, Gubow, Hanley, Palamara, Wallace, Wojno, Perricone, Brackenridge, Cassis, Dobb, Goschka, Middleton, Whyman,
Nays: Rep. Wetters.
The Committee on Tax Policy, by Rep. Profit, Chair, reported
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 committee recommended that the bill be referred to the Committee on Urban Policy and Economic Development.
Favorable Roll Call
HB 4670 To Report Out:
Yeas: Reps. Profit, Gubow, Hanley, Palamara, Wojno, Perricone, Brackenridge, Dobb, Goschka, Middleton, Whyman,
Nays: None.
The recommendation was concurred in and the bill was referred to the Committee on Urban Policy and Economic Development.
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, May 21, 1997, at 9:00 a.m.,
Present: Reps. Profit, Agee, Gubow, Hanley, Palamara, Wallace, Wetters, Wojno, Perricone, Brackenridge, Cassis, Dobb, Goschka, Middleton, Whyman,
Absent: Reps. Quarles, Freeman,
Excused: Reps. Quarles, Freeman.
The Committee on Consumer Protection, by Rep. Brater, Chair, reported
House Bill No. 4694, entitled
A bill to amend 1913 PA 206, entitled "An act to declare telephone lines and telephone companies within this state to be common carriers; to regulate the telephone business; to confer certain powers, duties, and responsibilities on the public service commission; to provide for the consolidation of telephone lines and telephone companies; to prohibit
certain uses of telephone lines and telephone equipment; to regulate persons using telephone lines and telephone equipment; to prescribe a penalty for the violation of this act; and to repeal certain acts and parts of acts on specific dates," by amending section 25 (MCL 484.125), as added by 1980 PA 47.
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 4694 To Report Out:
Yeas: Reps. Brater, DeHart, Brown, Gire, Crissman, Birkholz, Cropsey,
Nays: None.
The Committee on Consumer Protection, by Rep. Brater, Chair, reported
House Bill No. 4768, entitled
A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," (MCL 600.101 to 600.9948), by adding section 2964.
With the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
HB 4768 To Report Out:
Yeas: Reps. Brater, DeHart, Brown, Gire, Crissman, Birkholz, Cropsey,
Nays: None.
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Brater, Chair of the Committee on Consumer Protection, was received and read:
Meeting held on: Wednesday, May 21, 1997, at 9:00 a.m.,
Present: Reps. Brater, DeHart, Brown, Gire, Crissman, Birkholz, Cropsey,
Absent: Reps. Freeman, Law.
The Committee on Education, by Rep. Gire, Chair, reported
House Bill No. 4492, entitled
A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 1279 (MCL 380.1279), 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 4492 To Report Out:
Yeas: Reps. Gire, Bogardus, Agee, Brown, Cherry, Curtis, LaForge, Schauer, Scott, Dalman, Crissman, Cropsey, Jelinek, LeTarte, Middleton,
Nays: None.
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Gire, Chair of the Committee on Education, was received and read:
Meeting held on: Wednesday, May 21, 1997, at 12:00 Noon,
Present: Reps. Gire, Bogardus, Agee, Brown, Cherry, Curtis, LaForge, Schauer, Scott, Dalman, Crissman, Cropsey, Jelinek, LeTarte, McNutt, Middleton,
Absent: Rep. Kilpatrick,
Excused: Rep. Kilpatrick.
The Committee on Colleges and Universities, by Rep. Cherry, Chair, reported
House Bill No. 4542, entitled
A bill to require certain institutions of higher education to establish and implement a campus sexual assault information policy; to encourage those institutions of higher education to adopt certain procedures; and for related purposes.
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 4542 To Report Out:
Yeas: Reps. Cherry, Brown, Brater, Curtis, LeTarte, Dalman, Walberg,
Nays: None.
The Committee on Colleges and Universities, by Rep. Cherry, Chair, reported
House Bill No. 4543, entitled
A bill to amend 1975 PA 222, entitled "Higher education loan authority act," by amending sections 2 and 4a (MCL 390.1152 and 390.1154a), section 2 as amended by 1987 PA 206 and section 4 as added by 1989 PA 96.
With the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
HB 4543 To Report Out:
Yeas: Reps. Cherry, Brown, Brater, Curtis, LeTarte, Dalman, Walberg,
Nays: None.
The Committee on Colleges and Universities, by Rep. Cherry, Chair, reported
House Bill No. 4544, entitled
A bill to amend 1964 PA 208, entitled "An act to grant scholarships to students enrolled in postsecondary education institutions; and to provide for the administration of the scholarship program," by amending section 7 (MCL 390.977), as amended by 1980 PA 500.
With the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
HB 4544 To Report Out:
Yeas: Reps. Cherry, Brown, Brater, Curtis, LeTarte, Dalman, Walberg,
Nays: None.
The Committee on Colleges and Universities, by Rep. Cherry, Chair, reported
House Bill No. 4545, entitled
A bill to amend 1986 PA 288, entitled "An act to establish a Michigan work-study program for qualified resident students attending eligible postsecondary schools and employed by qualified employers; and to prescribe the powers and duties of certain state agencies," by amending section 3 (MCL 390.1373).
With the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
HB 4545 To Report Out:
Yeas: Reps. Cherry, Brown, Brater, Curtis, LeTarte, Dalman, Walberg,
Nays: None.
The Committee on Colleges and Universities, by Rep. Cherry, Chair, reported
House Bill No. 4546, entitled
A bill to amend 1960 PA 77, entitled "An act to create the Michigan higher education assistance authority and to prescribe its powers and duties; to authorize persons, corporations, and associations to make gifts to the authority; to prescribe the powers and duties of certain state officials; to authorize, ratify, and confirm certain guarantees of students' loans and authorize reguarantees; to authorize, ratify, and confirm certain guarantees of loans made to parents of students; to validate certain prior appropriations; and to authorize the transfer of certain appropriations to be transferred to and administered by the authority," by amending section 7 (MCL 390.957), as amended by 1990 PA 117.
With the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
HB 4546 To Report Out:
Yeas: Reps. Cherry, Brown, Brater, Curtis, LeTarte, Dalman, Walberg,
Nays: None.
The Committee on Colleges and Universities, by Rep. Cherry, Chair, reported
House Bill No. 4547, entitled
A bill to amend 1978 PA 105, entitled "An act to provide grants to students enrolled in independent nonprofit institutions of higher learning; and to provide for the promulgation of rules," by amending section 2 (MCL 390.1272), as amended by 1980 PA 502.
With the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
HB 4547 To Report Out:
Yeas: Reps. Cherry, Brown, Brater, Curtis, LeTarte, Dalman, Walberg,
Nays: None.
The Committee on Colleges and Universities, by Rep. Cherry, Chair, reported
House Bill No. 4548, entitled
A bill to amend 1986 PA 273, entitled "An act to establish a Michigan educational opportunity grant program for resident qualified students enrolled in eligible public postsecondary schools; and to prescribe the powers and duties of certain state agencies," by amending section 3 (MCL 390.1403).
With the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
HB 4548 To Report Out:
Yeas: Reps. Cherry, Brown, Brater, Curtis, LeTarte, Dalman, Walberg,
Nays: None.
The Committee on Colleges and Universities, by Rep. Cherry, Chair, reported
House Bill No. 4549, entitled
A bill to amend 1986 PA 303, entitled "An act to establish a Michigan work-study program for qualified resident students attending eligible graduate and professional graduate schools and employed by qualified employers; to prescribe the powers and duties of certain state agencies; and to provide for an appropriation," by amending section 3 (MCL 390.1323).
With the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
HB 4549 To Report Out:
Yeas: Reps. Cherry, Brown, Brater, Curtis, LeTarte, Dalman, Walberg,
Nays: None.
The Committee on Colleges and Universities, by Rep. Cherry, Chair, reported
House Bill No. 4550, entitled
A bill to amend 1974 PA 75, entitled "An act to provide for payment to approved independent nonprofit institutions of higher education, located within the state, for all earned degrees conferred upon Michigan residents; and to provide for appropriations," by amending section 2 (MCL 390.1022), as amended by 1984 PA 9.
With the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
HB 4550 To Report Out:
Yeas: Reps. Cherry, Brown, Brater, Curtis, LeTarte, Dalman, Walberg,
Nays: None.
The Committee on Colleges and Universities, by Rep. Cherry, Chair, reported
House Bill No. 4551, entitled
A bill to amend 1986 PA 102, entitled "An act to establish a grant program for certain part-time, independent students in this state; and to prescribe the powers and duties of certain state agencies and institutions of higher education," by amending section 3 (MCL 390.1283).
With the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
HB 4551 To Report Out:
Yeas: Reps. Cherry, Brown, Brater, Curtis, LeTarte, Dalman, Walberg,
Nays: None.
The Committee on Colleges and Universities, by Rep. Cherry, Chair, reported
House Bill No. 4552, entitled
A bill to amend 1966 PA 313, entitled "An act to award tuition grants to resident students enrolled in independent nonprofit institutions of higher learning; and to make an appropriation therefor," by amending section 1 (MCL 390.991), as amended by 1980 PA 503.
With the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
HB 4552 To Report Out:
Yeas: Reps. Cherry, Brown, Brater, Curtis, LeTarte, Dalman, Walberg,
Nays: None.
The Committee on Colleges and Universities, by Rep. Cherry, Chair, reported
House Bill No. 4553, entitled
A bill to amend 1976 PA 228, entitled "The legislative merit award program act," by amending section 4 (MCL 390.1304), as amended by 1980 PA 386.
With the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
HB 4553 To Report Out:
Yeas: Reps. Cherry, Brown, Brater, Curtis, LeTarte, Dalman, Walberg,
Nays: None.
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, May 21, 1997, at 10:30 a.m.,
Present: Reps. Cherry, Brown, Brater, Curtis, LeTarte, Dalman, Walberg,
Absent: Reps. Quarles, Scranton,
Excused: Reps. Quarles, Scranton.
The Committee on Judiciary, by Rep. Wallace, Chair, reported
House Bill No. 4289, entitled
A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending sections 200, 201, 204, 204a, 205, 205a, 206, 207, 210, and 211 (MCL 750.200, 750.201, 750.204, 750.204a, 750.205, 750.205a, 750.206, 750.207, 750.210, and 750.211).
With the recommendation that the substitute (H-5) 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 4289 To Report Out:
Yeas: Reps. Wallace, Baird, Curtis, Freeman, Gubow, Schauer, Vaughn, Wojno, Nye, Cropsey, Dalman, Fitzgerald, McNutt, Richner,
Nays: None.
The Committee on Judiciary, by Rep. Wallace, Chair, reported
House Bill No. 4629, entitled
A bill to amend 1964 PA 170, entitled "An act to make uniform the liability of municipal corporations, political subdivisions, and the state, its agencies and departments, officers, employees, and volunteers thereof, and members of certain boards, councils, and task forces when engaged in the exercise or discharge of a governmental function, for injuries to property and persons; to define and limit this liability; to define and limit the liability of the state when engaged in a proprietary function; to authorize the purchase of liability insurance to protect against loss arising out of this liability; to provide for defending certain claims made against public officers and paying damages sought or awarded against them; to provide for the legal defense of public officers and employees; to provide for reimbursement of public officers and employees for certain legal expenses; and to repeal certain acts and parts of acts," by amending section 7 (MCL 691.1407), as amended by 1996 PA 143.
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 4629 To Report Out:
Yeas: Reps. Wallace, Baird, Curtis, Freeman, Schauer, Vaughn, Wojno, Nye, Cropsey, McNutt, Richner,
Nays: None.
The Committee on Judiciary, by Rep. Wallace, Chair, reported
Senate Bill No. 114, entitled
A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending sections 2950 and 2950a (MCL 600.2950 and 600.2950a), section 2950 as amended by 1996 PA 10 and section 2950a as amended by 1994 PA 404.
With the recommendation that the following amendments be adopted and that the bill then pass.
1. Amend page 2, line 26, after the second "SHERIFF" by striking out the comma and inserting "OR".
2. Amend page 2, line 27, after "POLICE," by striking out "OR".
3. Amend page 3, line 1, after "OFFICER" by striking out "OR" and inserting a comma.
4. Amend page 3, line 1, after "EMPLOYEE" by inserting a comma and "OR A FEDERAL LAW ENFORCEMENT OFFICER".
5. Amend page 10, line 25, by striking out all of subdivision (B) and inserting:
"(B) "FEDERAL LAW ENFORCEMENT OFFICER" MEANS AN OFFICER OR AGENT EMPLOYED BY A LAW ENFORCEMENT AGENCY OF THE UNITED STATES GOVERNMENT WHOSE PRIMARY RESPONSIBILITY IS THE ENFORCEMENT OF LAWS OF THE UNITED STATES.".
6. Amend page 11, line 24, after the second "SHERIFF" by striking out the comma and inserting "OR".
7. Amend page 11, line 25, after "POLICE," by striking out "OR".
8. Amend page 11, line 26, after "OFFICER" by striking out "OR" and inserting a comma.
9. Amend page 11, line 26, after "EMPLOYEE" by inserting a comma and "OR A FEDERAL LAW ENFORCEMENT OFFICER".
10. Amend page 18, line 24, by striking out all of subdivision (A) and inserting:
"(A) "FEDERAL LAW ENFORCEMENT OFFICER" MEANS AN OFFICER OR AGENT EMPLOYED BY A LAW ENFORCEMENT AGENCY OF THE UNITED STATES GOVERNMENT WHOSE PRIMARY RESPONSIBILITY IS THE ENFORCEMENT OF LAWS OF THE UNITED STATES.".
The bill and amendments were referred to the order of Second Reading of Bills.
Favorable Roll Call
SB 114 To Report Out:
Yeas: Reps. Wallace, Baird, Freeman, Gubow, Schauer, Vaughn, Wojno, Nye, Cropsey, Dalman, Fitzgerald, Law, McNutt, Richner,
Nays: None.
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Wallace, Chair of the Committee on Judiciary, was received and read:
Meeting held on: Tuesday, May 20, 1997, at 9:00 a.m.,
Present: Reps. Wallace, Baird, Curtis, Freeman, Gubow, Schauer, Vaughn, Wojno, Nye, Cropsey, Dalman, Fitzgerald, Law, McNutt, Richner,
Absent: Reps. Kilpatrick, Willard,
Excused: Reps. Kilpatrick, Willard.
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Palamara, Chair of the Committee on Health Policy, was received and read:
Meeting held on: Tuesday, May 20, 1997, at 10:30 a.m.,
Present: Reps. Palamara, Schauer, Gire, Griffin, Gubow, Leland, Murphy, Thomas, Wojno, Hammerstrom, Crissman, Law, Llewellyn, Raczkowski, Rocca, Scranton,
Absent: Rep. Profit,
Excused: Rep. Profit.
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Gagliardi, Chair of the Committee on House Oversight and Ethics, was received and read:
Meeting held on: Tuesday, May 20, 1997, at 3:00 p.m.,
Present: Reps. Gagliardi, Cherry, Agee, Brewer, DeHart, Hanley, Varga, Wallace, Gustafson, DeVuyst, Fitzgerald, Goschka, Perricone, Richner, Voorhees,
Absent: Reps. Kilpatrick, Wojno,
Excused: Reps. Kilpatrick, Wojno.
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, May 20, 1997, at 3:35 p.m.,
Present: Reps. Olshove, Thomas, Alley, Baade, Dobronski, Griffin, Hanley, Dobb, Cassis, Gustafson, Kukuk, LeTarte, Middaugh, Raczkowski, Whyman,
Absent: Reps. Gubow, Leland, Murphy, Profit, Wetters, Galloway,
Excused: Reps. Gubow, Leland, Murphy, Profit, Wetters, Galloway.
Messages from the Senate
Senate Bill No. 413, entitled
A bill to amend 1981 PA 125, entitled "An act to define and regulate secondary mortgage loans; to prescribe powers and duties of the financial institutions bureau and certain state agencies; to provide for the establishment of a financial institutions bureau operations fund; to provide for the promulgation of rules; and to provide for civil fines and penalties," by amending the title and sections 1, 2, 3, 4, 5, 6, 8, 9, 10, 11, 12, 13, 14, 15, 17, 18, 20, 21, 22, 23, 24, 25, 26, 27, 29, and 30 (MCL 493.51, 493.52, 493.53, 493.54, 493.55, 493.56, 493.58, 493.59, 493.60, 493.61, 493.62, 493.63, 493.64, 493.65, 493.67, 493.68, 493.70, 493.71, 493.72, 493.73, 493.74, 493.75, 493.76, 493.77, 493.79, and 493.80), the title and sections 1, 21, 22, and 27 as amended by 1995 PA 164, section 2 as amended by 1988 PA 164, sections 4, 8, 14, and 26 as amended by 1992 PA 77, and section 30 as amended by 1984 PA 124, and by adding sections 3a, 6a, 6b, and 12a; 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 Commerce.
Senate Concurrent Resolution No. 11.
A concurrent resolution to express support for the recently announced balanced budget agreement and to urge the President and the Congress of the United States to include in the finalized actions significant cuts in federal taxes totaling $135 billion.
Whereas, The recent announcement from the President and congressional leadership that an agreement has been reached on an overall plan to achieve a balanced budget and cut taxes by $135 billion is cause for great optimism among all Americans. In addition to the importance of this step toward fiscal responsibility for our nation, the announcement also included significant tax cuts that will help strengthen the long-term vitality of our economy. Among these tax cuts are proposals to reduce significantly the federal estate tax and the capital gains tax and to create tax credits for families with children and for college tuition costs; and
Whereas, The federal unified gift and estate tax generates a minimal amount of federal revenue, especially considering the high cost of collection and compliance, and in fact has been shown to decrease those federal revenues from what they might otherwise have been. This "Death Tax" has been identified as destructive to job opportunity and expansion, especially to minority entrepreneurs and family farmers; and
Whereas, Federal estate taxes go into effect for estates with values exceeding $600,000. The rate of tax rises sharply and begins, in effect, at 37 percent of the amount over $600,000. As a result, many families, including farming operations and other modestly sized businesses, are forced to liquidate assets to pay the tax. Many observers feel that the federal estate tax contributes to the low rate of family owned businesses successfully passing down to the next generations; and
Whereas, The threshold for federal estate tax liability was last amended in 1981, with the $600,000 level going into effect January 1, 1987. In addition to the impact of inflation over the past decades, the value of the assets of many individuals, including small business owners, has risen dramatically with the rise in equity values in real estate and the stock market. As a result, more and more middle class families face severe tax bills; and
Whereas, The capital gains tax is another major impediment to investment in our country. Homeowners, investors, and business owners are important generators of wealth and employment, yet their full potential for creating jobs and capital is dulled by a capital gains system that, in effect, is a disincentive for people to pursue their dreams and ambitions. The capital gains tax serves to hamper growth and financial strength not only for individuals and families, but also for the nation as a whole; and
Whereas, Of all investment strategies our country should pursue, tax policies to give direct help to families with children is a concept that can only enrich our nation. The budget proposal calls for a tax credit of $500 per child under the age of 18. With the correlation between our future and the health and well-being of the next generation, a tax credit for children will reap many rewards for the people who most need it; and
Whereas, As America attempts to reinvigorate its economy in the face of new challenges in technology and global competition, it is clear that education is of the utmost importance. Just as our country derived enormous benefits from the GI education program started after World War II, we would do well to encourage people to gain the skills America must have in the twenty-first century. The budget proposal includes a tax credit of $1,500 per child for the first two years of college for students maintaining certain standards; and
Whereas, Reductions in the federal estate tax and the capital gains tax and creation of tax credits for college tuition and families with children are consistent with the ultimate goals of savings and investment inherent in a balanced budget; now, therefore, be it
Resolved by the Senate (the House of Representatives concurring), That we express support for the recently announced balanced budget agreement and to urge the President and the Congress of the United States to include in the finalized actions significant cuts in federal taxes totaling $135 billion, including cuts in estate and capital gains taxes and credits for tuition and for families with children; and be it further
Resolved, That copies of this resolution be transmitted to the President of the United States, the President of the United States Senate, the Speaker of the United States House of Representatives, and the members of the Michigan congressional delegation.
The Senate has adopted the concurrent resolution.
The concurrent resolution was referred to the Committee on House Oversight and Ethics.
Reps. Rocca, Dobronski, Middaugh, Kukuk, Raczkowski, Perricone, Martinez, McBryde, Galloway, Bodem, Goschka, Green and Hammerstrom were named co-sponsors of the concurrent resolution.
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, Wednesday, May 14:
Senate Bill Nos. 495 496 497 498 499
The Clerk announced that the following bills had been printed and placed upon the files of the members, Thursday, May 15:
Senate Bill Nos. 503 504
The Clerk announced that the following bills had been printed and placed upon the files of the members, Monday, May 19:
Senate Bill Nos. 500 502 505 506
The Clerk announced that the following Senate bills had been received on Wednesday, May 21:
Senate Bill Nos. 297 466 467 491 492 501
Introduction of Bills
Rep. McManus introduced
House Bill No. 4809, entitled
A bill to protect the free speech rights of college students.
The bill was read a first time by its title and referred to the Committee on Colleges and Universities.
Reps. Freeman, Murphy, Cherry, DeHart, Leland, Olshove, Mathieu, Vaughn, Thomas, Callahan, Martinez, Mans, Bogardus and Willard introduced
House Bill No. 4810, entitled
A bill to amend 1968 PA 330, entitled "Private security guard act of 1968," by amending sections 10 and 32 (MCL 338.1060 and 338.1082), section 10 as amended by 1994 PA 326, and by adding section 16a.
The bill was read a first time by its title and referred to the Committee on Labor and Occupational Safety.
Reps. Brater, Schauer, Anthony, DeHart, LaForge, Cherry, Varga, Mans, Parks, Thomas and Scranton introduced
House Bill No. 4811, entitled
A bill to amend 1939 PA 280, entitled "The social welfare act," (MCL 400.1 to 400.119b) by adding section 56i.
The bill was read a first time by its title and referred to the Committee on Human Services and Children.
Reps. Cherry, Tesanovich, Prusi, Freeman, DeHart, Vaughn, Callahan, Schermesser, Martinez, Thomas, Bogardus and Murphy introduced
House Bill No. 4812, entitled
A bill to amend 1931 PA 328, entitled "The Michigan penal code," (MCL 750.1 to 750.568) by adding section 355b.
The bill was read a first time by its title and referred to the Committee on Labor and Occupational Safety.
Reps. Alley, Wetters and Harder introduced
House Bill No. 4813, entitled
A bill to amend 1927 PA 150, entitled "An act to prescribe a privilege tax for the use of the public highways by owners and drivers of motor vehicles by imposing a specific tax upon the sale or use, within the state of Michigan, of motor fuel; to prescribe the manner and the time of paying this tax and the duties of officials and others respecting the payment and collection of this tax; to provide for the licensing of wholesale distributors, certain retail dealers, exporters, and suppliers as defined in this act; to fix a time when this tax and interest and penalties thereon become a lien upon the property of persons, firms, partnerships, associations, or corporations, subject to the payment of this tax; to provide for the enforcement of this lien; to permit the inspection and testing of petroleum products; to provide for certain exemptions and refunds and for the disposition of the proceeds of this tax; and to prescribe penalties for the violation of this act," by amending section 2 (MCL 207.102), as amended by 1992 PA 225.
The bill was read a first time by its title and referred to the Committee on Transportation.
Reps. Tesanovich, Prusi, Anthony, Cropsey, Lowe and Bodem introduced
House Bill No. 4814, entitled
A bill to authorize the department of state police to convey certain state owned property in Iron county; to prescribe conditions for the conveyance; and to provide for the disposition of revenue derived from the conveyance.
The bill was read a first time by its title and referred to the Committee on Regulatory Affairs.
Reps. Tesanovich, Prusi, Anthony, Cherry, Gagliardi, Martinez, Cropsey, Lowe, Horton and Bodem introduced
House Bill No. 4815, entitled
A bill to amend 1978 PA 90, entitled "Youth employment standards act," by amending section 3 (MCL 409.103), as amended by 1987 PA 71.
The bill was read a first time by its title and referred to the Committee on Labor and Occupational Safety.
Reps. Lowe, Goschka, Gernaat, Llewellyn, Bobier, Horton, Anthony, Prusi, Birkholz and Bodem introduced
House Bill No. 4816, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 2150 (MCL 324.2150), as amended by 1996 PA 585.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
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Rep. Alley moved that the House adjourn.
The motion prevailed, the time being 5:20 p.m.
The Speaker Pro Tempore declared the House adjourned until Thursday, May 22, at 10:00 a.m.
MARY KAY SCULLION
Clerk of the House of Representatives.