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.