No. 47

JOURNAL OF THE HOUSE


House Chamber, Lansing, Tuesday, May 27, 1997.

2:00 p.m.

The House was called to order by the Speaker.

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

Agee--present

Alley--present

Anthony--present

Baade--excused

Baird--present

Bankes--present

Birkholz--present

Bobier--present

Bodem--present

Bogardus--present

Brackenridge--present

Brater--present

Brewer--present

Brown--present

Byl--present

Callahan--present

Cassis--present

Cherry--present

Ciaramitaro--present

Crissman--present

Cropsey--present

Curtis--present

Dalman--present

DeHart--present

DeVuyst--present

Dobb--present

Dobronski--present

Emerson--present

Fitzgerald--present

Frank--present

Freeman--present

Gagliardi--present

Galloway--present

Geiger--present

Gernaat--present

Gilmer--present

Gire--excused

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--e/d/s

Kilpatrick--excused

Kukuk--present

LaForge--present

Law--present

Leland--present

LeTarte--excused

Llewellyn--present

London--present

Lowe--present

Mans--present

Martinez--present

Mathieu--present

McBryde--present

McManus--present

McNutt--present

Middaugh--present

Middleton--present

Murphy--present

Nye--present

Olshove--present

Owen--present

Oxender--present

Palamara--present

Parks--present

Perricone--present

Price--present

Profit--present

Prusi--present

Quarles--present

Raczkowski--present

Rhead--present

Richner--present

Rison--present

Rocca--present

Schauer--present

Schermesser--excused

Schroer--present

Scott--present

Scranton--present

Sikkema--present

Stallworth--present

Tesanovich--present

Thomas--present

Varga--present

Vaughn--present

Voorhees--present

Walberg--excused

Wallace--present

Wetters--present

Whyman--present

Willard--present

Wojno--present

e/d/s = entered during session

Rep. Beverly Hammerstrom, from the 55th District, offered the following invocation:

"Heavenly Father, We thank You today for bringing us all back safely from the holiday weekend enjoyed with family and loved ones. Look down upon this assembly as we gather this afternoon to deliberate the issues which will greatly impact the lives of the citizens of our great state and grant us the understanding and wisdom to do what is right for them. In Thy holy name, we pray. Amen."

______

Rep. Dobronski moved that Reps. Kilpatrick, Gire, Baade and Schermesser be excused from today's session.

The motion prevailed.

Rep. Hammerstrom moved that Reps. LeTarte and Walberg be excused from today's session.

The motion prevailed.

Third Reading of Bills

House Bill No. 4051, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 698 (MCL 257.698), as amended by 1994 PA 101.

The bill was read a third time.

The question being on the passage of the bill,

Rep. Anthony moved to amend the bill as follows:

1. Amend page 5, line 16, after "WITH" by striking out the balance of the line through "AND" on line 17.

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,

The bill was then passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 382 Yeas--99

Agee Fitzgerald Kaza Profit

Alley Frank Kukuk Prusi

Anthony Freeman LaForge Quarles

Baird Gagliardi Law Raczkowski

Bankes Galloway Leland Rhead

Birkholz Geiger Llewellyn Richner

Bobier Gernaat London Rison

Bodem Gilmer Lowe Rocca

Bogardus Godchaux Mans Schauer

Brackenridge Goschka Martinez Schroer

Brater Green Mathieu Scott

Brewer Gubow McBryde Scranton

Brown Gustafson McManus Sikkema

Byl Hale McNutt Stallworth

Callahan Hammerstrom Middaugh Tesanovich

Cassis Hanley Middleton Thomas

Cherry Harder Murphy Varga

Ciaramitaro Hertel Nye Vaughn

Crissman Hood Olshove Voorhees

Cropsey Horton Owen Wallace

Curtis Jansen Oxender Wetters

Dalman Jaye Palamara Whyman

DeHart Jelinek Parks Willard

DeVuyst Jellema Perricone Wojno

Dobb Johnson Price

Nays--0

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 1949 PA 300, entitled "Michigan vehicle code," by amending section 698 (MCL 257.698), as amended by 1997 PA 8.

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.

House Bill No. 4573, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 907 (MCL 257.907), as amended by 1995 PA 287.

The bill was read a third time.

The question being on the passage of the bill,

Rep. Gagliardi moved to amend the bill as follows:

1. Amend page 5, following line 20, by inserting:

"Enacting section 1. This amendatory act takes effect September 1, 1997.".

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,

The bill was then passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 383 Yeas--100

Agee Dobronski Johnson Price

Alley Fitzgerald Kaza Profit

Anthony Frank Kukuk Prusi

Baird Freeman LaForge Quarles

Bankes Gagliardi Law Raczkowski

Birkholz Galloway Leland Rhead

Bobier Geiger Llewellyn Richner

Bodem Gernaat London Rison

Bogardus Gilmer Lowe Rocca

Brackenridge Godchaux Mans Schauer

Brater Goschka Martinez Schroer

Brewer Green Mathieu Scott

Brown Griffin McBryde Scranton

Byl Gubow McManus Sikkema

Callahan Hale McNutt Stallworth

Cassis Hammerstrom Middaugh Tesanovich

Cherry Hanley Middleton Thomas

Ciaramitaro Harder Murphy Varga

Crissman Hertel Nye Vaughn

Cropsey Hood Olshove Voorhees

Curtis Horton Owen Wallace

Dalman Jansen Oxender Wetters

DeHart Jaye Palamara Whyman

DeVuyst Jelinek Parks Willard

Dobb Jellema Perricone Wojno

Nays--1

Gustafson

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.

Second Reading of Bills

House Bill No. 4395, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending sections 502, 503, 504a, 512, 513, and 514a (MCL 380.502, 380.503, 380.504a, 380.512, 380.513, and 380.514a), as amended by 1995 PA 289, and by adding sections 503b and 513b.

Was read a second time, and the question being on the adoption of the proposed substitute (H-3) previously recommended by the Committee on Education,

The substitute (H-3) was adopted, a majority of the members serving voting therefor.

______

Rep. Kelly entered the House Chambers.

Rep. Dalman moved to amend the bill as follows:

1. Amend page 29, following line 8, by inserting:

"SEC. 1204C. AT LEAST ANNUALLY, THE BOARD OF EACH SCHOOL DISTRICT SHALL FILE AN OVERSIGHT REPORT WITH THE STATE BOARD FOR EACH SCHOOL OPERATED BY THE SCHOOL DISTRICT. EACH OVERSIGHT REPORT SHALL BE ACCOMPANIED BY A WRITTEN CERTIFICATION OF ITS ACCURACY SIGNED BY THE PRESIDENT OF THE SCHOOL BOARD AND THE SUPERINTENDENT OF THE SCHOOL DISTRICT. AN OVERSIGHT REPORT SHALL CONTAIN AT LEAST ALL OF THE FOLLOWING INFORMATION:

(A) NUMBER OF STAFF ASSIGNED TO OVERSIGHT ACTIVITIES, ON A FULL-TIME EQUATED BASIS.

(B) QUALIFICATIONS, INCLUDING ANY PROFESSIONAL CERTIFICATION, OF STAFF ASSIGNED TO OVERSIGHT ACTIVITIES.

(C) OVERSIGHT ACTIVITIES CONDUCTED AT THE SITE OF EACH SCHOOL.

(D) ANY NONCOMPLIANCE WITH STATUTE OR RULES FOUND IN THE COURSE OF THE OVERSIGHT AND ANY AREAS OF PERFORMANCE FOUND TO BE IN NEED OF IMPROVEMENT.

(E) A DESCRIPTION OF THE SPECIFIC EVIDENCE THAT LED TO EACH FINDING DESCRIBED IN SUBDIVISION (D).

(F) SPECIFIC PLANS FOR REMEDIATION OF EACH NONCOMPLIANCE DESCRIBED IN SUBDIVISION (D).

(G) SPECIFIC SUGGESTIONS AND PLANS FOR IMPROVEMENT OF PERFORMANCE.

(H) ASSURANCE THAT THE SCHOOL BOARD HAS MADE APPROPRIATE INQUIRY AND HAS DETERMINED THAT THE SCHOOL AND SCHOOL DISTRICT ARE IN COMPLIANCE WITH CONSTITUTIONAL PROVISIONS CONCERNING RELIGIOUS AFFILIATIONS.

(I) ASSURANCE THAT THE SCHOOL BOARD HAS MADE APPROPRIATE INQUIRY AND HAS DETERMINED THAT THE SCHOOL AND SCHOOL DISTRICT ARE IN COMPLIANCE WITH ALL APPLICABLE LAW, INCLUDING, BUT NOT LIMITED TO, THOSE PROVISIONS OF LAW SPECIFIED IN SECTION 513(8).

(J) ASSURANCE THAT THE SCHOOL BOARD HAS EXAMINED MICHIGAN EDUCATIONAL ASSESSMENT PROGRAM SCORES AND OTHER STANDARDIZED TEST SCORES AND OTHER RELEVANT DATA TO DETERMINE THAT THE SCHOOL IS FULFILLING THE ACADEMIC GOALS OF THE SCHOOL DISTRICT.

(K) ASSURANCE THAT THE SCHOOL BOARD HAS EXAMINED THE QUALIFICATIONS OF THE SCHOOL'S INSTRUCTIONAL STAFF AND HAS DETERMINED THAT THOSE QUALIFICATIONS ARE IN COMPLIANCE WITH ALL APPLICABLE LAW.".

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

Roll Call No. 384 Yeas--41

Birkholz Goschka Kaza Nye

Bobier Green Kukuk Perricone

Byl Gustafson Llewellyn Raczkowski

Cassis Hammerstrom London Rhead

Cropsey Horton Lowe Richner

Dalman Jansen McBryde Rocca

DeVuyst Jaye McManus Scranton

Fitzgerald Jelinek McNutt Sikkema

Geiger Jellema Middaugh Voorhees

Gernaat Johnson Middleton Whyman

Gilmer

Nays--58

Agee Curtis Kelly Quarles

Alley DeHart LaForge Rison

Anthony Dobb Leland Schauer

Baird Dobronski Mans Schroer

Bankes Emerson Martinez Scott

Bodem Frank Mathieu Stallworth

Bogardus Freeman Murphy Tesanovich

Brackenridge Gagliardi Olshove Thomas

Brater Galloway Owen Varga

Brewer Gubow Oxender Vaughn

Brown Hale Parks Wallace

Callahan Hanley Price Wetters

Cherry Harder Profit Willard

Ciaramitaro Hertel Prusi Wojno

Crissman Hood

In The Chair: Hertel

Rep. Middleton moved to amend the bill as follows:

1. Amend page 6, line 17, after "contract." by striking out the balance of the subsection.

2. Amend page 19, line 20, after "contract." by striking out the balance of the subsection.

3. Amend page 29, following line 8, by inserting:

"SEC. 1206. (1) THE BOARD OF EACH SCHOOL DISTRICT OR INTERMEDIATE SCHOOL DISTRICT, AND THE BOARD OF DIRECTORS OF EACH PUBLIC SCHOOL ACADEMY, SHALL ADOPT AND IMPLEMENT A PUBLIC INPUT POLICY AND PROCEDURES FOR RECEIVING INPUT FROM PARENTS AND THE GENERAL PUBLIC. THE POLICY AND PROCEDURES SHALL ENCOURAGE PARENTS AND THE GENERAL PUBLIC TO ADDRESS CONCERNS TO THE SCHOOL BOARD, INTERMEDIATE SCHOOL BOARD, OR BOARD OF DIRECTORS TO ATTEMPT RESOLUTION AT THAT LEVEL BEFORE SEEKING REDRESS FROM THE DEPARTMENT, STATE BOARD, OR OTHER AUTHORITY. THE POLICY AND PROCEDURES ALSO SHALL ENCOURAGE PARENTS OR OTHER PERSONS WHO ARE NOT SATISFIED WITH THE RESPONSE AT THE SCHOOL BOARD, INTERMEDIATE SCHOOL BOARD, OR BOARD OF DIRECTORS LEVEL TO TAKE THEIR CONCERNS TO AN APPROPRIATE AUTHORITY AT ANOTHER LEVEL.

(2) THE STATE BOARD SHALL DEVELOP A MODEL PUBLIC INPUT POLICY AND MODEL PROCEDURES FOR USE UNDER SUBSECTION (1). ALSO, THE STATE BOARD SHALL ADOPT AND IMPLEMENT ITS OWN PUBLIC INPUT POLICY AND PROCEDURES CONSISTENT WITH THE GOALS OF SUBSECTION (1).".

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

Rep. Middleton demanded the yeas and nays.

The demand was supported.

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

Rep.Willard moved that amendment No. 3 be considered separately.

The motion prevailed.

The question being on the adoption of amendment Nos. 1 and 2 offered by Rep. Middleton,

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

Roll Call No. 385 Yeas--48

Birkholz Galloway Jelinek Middleton

Bobier Geiger Jellema Nye

Bodem Gernaat Johnson Oxender

Brackenridge Gilmer Kaza Perricone

Byl Godchaux Kukuk Raczkowski

Cassis Goschka Llewellyn Rhead

Crissman Green London Richner

Cropsey Gustafson Lowe Rocca

Dalman Hammerstrom McBryde Scranton

DeVuyst Horton McManus Sikkema

Dobb Jansen McNutt Voorhees

Fitzgerald Jaye Middaugh Whyman

Nays--51

Agee DeHart LaForge Quarles

Alley Dobronski Leland Rison

Anthony Emerson Mans Schauer

Baird Frank Martinez Scott

Bankes Freeman Mathieu Stallworth

Bogardus Gagliardi Murphy Tesanovich

Brater Gubow Olshove Thomas

Brewer Hale Owen Vaughn

Brown Hanley Palamara Wallace

Callahan Harder Parks Wetters

Cherry Hertel Price Willard

Ciaramitaro Hood Profit Wojno

Curtis Kelly Prusi

In The Chair: Hertel

The question being on the adoption of amendment No. 3 offered by Rep. Middleton,

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

Roll Call No. 386 Yeas--48

Bankes Galloway Jelinek Middleton

Birkholz Geiger Johnson Nye

Bobier Gernaat Kaza Oxender

Bodem Gilmer Kukuk Perricone

Brackenridge Godchaux Law Raczkowski

Byl Goschka Llewellyn Rhead

Cassis Green London Richner

Crissman Gustafson Lowe Rocca

Dalman Hammerstrom McBryde Scranton

DeVuyst Horton McManus Sikkema

Dobb Jansen McNutt Whyman

Fitzgerald Jaye Middaugh Willard

Nays--50

Agee Dobronski Mans Schauer

Alley Emerson Martinez Schroer

Anthony Frank Mathieu Scott

Baird Freeman Murphy Stallworth

Bogardus Gagliardi Olshove Tesanovich

Brater Gubow Owen Thomas

Brewer Hale Palamara Varga

Brown Hanley Parks Vaughn

Callahan Harder Price Voorhees

Cherry Hertel Prusi Wallace

Ciaramitaro Kelly Quarles Wetters

Curtis LaForge Rison Wojno

DeHart Leland

In The Chair: Hertel

Rep. Agee moved to amend the bill as follows:

1. Amend page 29, following line 18, by inserting:

"Enacting section 1. Part 6a and section 518 of the revised school code, 1976 PA 451, MCL 380.501 to 380.507 and 380.518, are repealed.".

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

Roll Call No. 387 Yeas--52

Agee Dobronski Leland Quarles

Alley Emerson Mans Rison

Anthony Frank Martinez Schauer

Baird Freeman Mathieu Scott

Bogardus Gagliardi Murphy Stallworth

Brewer Gubow Olshove Tesanovich

Brown Hale Owen Thomas

Callahan Hanley Oxender Varga

Cherry Harder Palamara Vaughn

Ciaramitaro Hertel Parks Wallace

Crissman Hood Price Wetters

Curtis Kelly Profit Willard

DeHart LaForge Prusi Wojno

Nays--49

Bankes Galloway Jelinek Middleton

Birkholz Geiger Jellema Nye

Bobier Gernaat Johnson Perricone

Bodem Gilmer Kaza Raczkowski

Brackenridge Godchaux Kukuk Rhead

Brater Goschka Llewellyn Richner

Byl Green London Rocca

Cassis Gustafson Lowe Schroer

Cropsey Hammerstrom McBryde Scranton

Dalman Horton McManus Sikkema

DeVuyst Jansen McNutt Voorhees

Dobb Jaye Middaugh Whyman

Fitzgerald

In The Chair: Hertel

Rep. Cropsey moved to amend the bill as follows:

1. Amend page 3, line 18, by striking out all of subdivision (d) and inserting:

"(d) The governing board of a state public university. However, the combined total number of contracts for public school academies issued by all state public universities FOR PUBLIC SCHOOL ACADEMIES OTHER THAN PUBLIC SCHOOL ACADEMIES LOCATED IN A SCHOOL DISTRICT THAT, AS OF THE TIME THE CONTRACT IS ISSUED, HAS A GRADUATION/COMPLETION RATE OF LESS THAN 66.7% AS DETERMINED BY THE DEPARTMENT shall not exceed 85 through 1996, and, after the initial evaluation under section 501a, shall not exceed 100 through 1997, 125 through 1998, or 150 thereafter. Further, the total number of contracts issued by any 1 state public university FOR PUBLIC SCHOOL ACADEMIES OTHER THAN PUBLIC SCHOOL ACADEMIES LOCATED IN A SCHOOL DISTRICT THAT, AS OF THE TIME THE CONTRACT IS ISSUED, HAS A GRADUATION/COMPLETION RATE OF LESS THAN 66.7% AS DETERMINED BY THE DEPARTMENT shall not exceed 50 through 1996, and thereafter shall not exceed 50% of the maximum combined total number that may be issued under this subdivision.".

2. Amend page 17, line 1, by striking out all of subdivision (d) and inserting:

"(d) The governing board of a state public university. However, the combined total number of contracts for public school academies issued by all state public universities FOR PUBLIC SCHOOL ACADEMIES OTHER THAN PUBLIC SCHOOL ACADEMIES LOCATED IN A SCHOOL DISTRICT THAT, AS OF THE TIME THE CONTRACT IS ISSUED, HAS A GRADUATION/COMPLETION RATE OF LESS THAN 66.7% AS DETERMINED BY THE DEPARTMENT shall not exceed 85 through 1996, and, after the initial evaluation under section 511a, 100 through 1997, 125 through 1998, or 150 thereafter. Further, the total number of contracts issued by any 1 state public university FOR PUBLIC SCHOOL ACADEMIES OTHER THAN PUBLIC SCHOOL ACADEMIES LOCATED IN A SCHOOL DISTRICT THAT, AS OF THE TIME THE CONTRACT IS ISSUED, HAS A GRADUATION/COMPLETION RATE OF LESS THAN 66.7% AS DETERMINED BY THE DEPARTMENT shall not exceed 50 through 1996, and thereafter shall not exceed 50% of the maximum combined total number that may be issued under this subdivision.".

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

Rep. Cropsey demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 388 Yeas--46

Birkholz Gernaat Johnson Middleton

Bobier Gilmer Kaza Nye

Bodem Godchaux Kukuk Perricone

Brackenridge Goschka Law Raczkowski

Byl Green Llewellyn Rhead

Cassis Gustafson London Richner

Cropsey Hammerstrom Lowe Rocca

Dalman Horton McBryde Scranton

DeVuyst Jansen McManus Sikkema

Fitzgerald Jaye McNutt Voorhees

Galloway Jelinek Middaugh Whyman

Geiger Jellema

Nays--54

Agee DeHart Leland Rison

Alley Dobb Mans Schauer

Anthony Dobronski Martinez Schroer

Baird Frank Mathieu Scott

Bankes Freeman Murphy Stallworth

Bogardus Gagliardi Olshove Tesanovich

Brater Gubow Owen Thomas

Brewer Hale Oxender Varga

Brown Hanley Palamara Vaughn

Callahan Harder Parks Wallace

Cherry Hertel Price Wetters

Ciaramitaro Hood Prusi Willard

Crissman Kelly Quarles Wojno

Curtis LaForge

In The Chair: Hertel

Rep. Cropsey moved to amend the bill as follows:

1. Amend page 29, following line 18, by inserting:

"Enacting section 1. Section 518 of the revised school code, 1976 PA 451, MCL 380.518, is repealed.".

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

Rep. Cropsey demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 389 Yeas--48

Bankes Galloway Jelinek Middaugh

Birkholz Geiger Jellema Middleton

Bobier Gernaat Johnson Nye

Bodem Gilmer Kaza Perricone

Brackenridge Godchaux Kukuk Raczkowski

Byl Goschka Law Rhead

Cassis Green Llewellyn Richner

Cropsey Gustafson London Rocca

Dalman Hammerstrom Lowe Scranton

DeVuyst Horton McBryde Sikkema

Dobb Jansen McManus Voorhees

Fitzgerald Jaye McNutt Whyman

Nays--48

Agee Dobronski Mans Rison

Alley Frank Martinez Schauer

Anthony Freeman Mathieu Scott

Baird Gagliardi Murphy Stallworth

Bogardus Gubow Olshove Tesanovich

Brater Hale Oxender Thomas

Brewer Hanley Palamara Varga

Brown Harder Parks Vaughn

Callahan Hertel Price Wallace

Cherry Hood Profit Wetters

Curtis Kelly Prusi Willard

DeHart LaForge Quarles Wojno

In The Chair: Hertel

Rep. Cropsey moved to amend the bill as follows:

1. Amend page 3, line 18, by striking out all of subdivision (d) and inserting:

"(d) The governing board of a state public university. However, the combined total number of contracts for public school academies issued by all state public universities FOR PUBLIC SCHOOL ACADEMIES OTHER THAN PUBLIC SCHOOL ACADEMIES LOCATED IN A SCHOOL DISTRICT THAT, AS OF THE TIME THE CONTRACT IS ISSUED, HAS A GRADUATION/COMPLETION RATE OF LESS THAN 33.3% AS DETERMINED BY THE DEPARTMENT shall not exceed 85 through 1996, and, after the initial evaluation under section 501a, shall not exceed 100 through 1997, 125 through 1998, or 150 thereafter. Further, the total number of contracts issued by any 1 state public university FOR PUBLIC SCHOOL ACADEMIES OTHER THAN PUBLIC SCHOOL ACADEMIES LOCATED IN A SCHOOL DISTRICT THAT, AS OF THE TIME THE CONTRACT IS ISSUED, HAS A GRADUATION/COMPLETION RATE OF LESS THAN 33.3% AS DETERMINED BY THE DEPARTMENT shall not exceed 50 through 1996, and thereafter shall not exceed 50% of the maximum combined total number that may be issued under this subdivision.".

2. Amend page 17, line 1, by striking out all of subdivision (d) and inserting:

"(d) The governing board of a state public university. However, the combined total number of contracts for public school academies issued by all state public universities FOR PUBLIC SCHOOL ACADEMIES OTHER THAN PUBLIC SCHOOL ACADEMIES LOCATED IN A SCHOOL DISTRICT THAT, AS OF THE TIME THE CONTRACT IS ISSUED, HAS A GRADUATION/COMPLETION RATE OF LESS THAN 33.3% AS DETERMINED BY THE DEPARTMENT shall not exceed 85 through 1996, and, after the initial evaluation under section 511a, 100 through 1997, 125 through 1998, or 150 thereafter. Further, the total number of contracts issued by any 1 state public university FOR PUBLIC SCHOOL ACADEMIES OTHER THAN PUBLIC SCHOOL ACADEMIES LOCATED IN A SCHOOL DISTRICT THAT, AS OF THE TIME THE CONTRACT IS ISSUED, HAS A GRADUATION/COMPLETION RATE OF LESS THAN 33.3% AS DETERMINED BY THE DEPARTMENT shall not exceed 50 through 1996, and thereafter shall not exceed 50% of the maximum combined total number that may be issued under this subdivision.".

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

Rep. Cropsey demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 390 Yeas--46

Birkholz Gernaat Johnson Nye

Bobier Gilmer Kaza Oxender

Bodem Godchaux Kukuk Perricone

Brackenridge Goschka Law Raczkowski

Byl Green Llewellyn Rhead

Crissman Gustafson London Richner

Cropsey Hammerstrom Lowe Rocca

Dalman Horton McBryde Scranton

DeVuyst Jansen McManus Sikkema

Fitzgerald Jaye McNutt Voorhees

Galloway Jelinek Middaugh Whyman

Geiger Jellema

Nays--53

Agee Dobb Leland Rison

Alley Dobronski Mans Schauer

Anthony Frank Martinez Schroer

Baird Freeman Mathieu Scott

Bankes Gagliardi Murphy Stallworth

Bogardus Gubow Olshove Tesanovich

Brater Hale Owen Thomas

Brewer Hanley Palamara Varga

Brown Harder Parks Vaughn

Callahan Hertel Price Wallace

Cassis Hood Profit Wetters

Cherry Kelly Prusi Willard

Curtis LaForge Quarles Wojno

DeHart

In The Chair: Hertel

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

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

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.

Was read a second time, and the question being on the adoption of the proposed substitute (H-3) previously recommended by the Committee on Colleges and Universities,

The substitute (H-3) was adopted, a majority of the members serving voting therefor.

Rep. Baird 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. 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.

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

Roll Call No. 391 Yeas--101

Agee Emerson Johnson Price

Alley Fitzgerald Kaza Profit

Anthony Frank Kelly Prusi

Baird Freeman Kukuk Quarles

Bankes Gagliardi LaForge Raczkowski

Birkholz Galloway Law Rhead

Bobier Geiger Leland Richner

Bodem Gernaat Llewellyn Rison

Bogardus Gilmer London Rocca

Brackenridge Godchaux Lowe Schauer

Brater Goschka Mans Schroer

Brewer Green Martinez Scott

Brown Gubow Mathieu Scranton

Byl Gustafson McBryde Sikkema

Callahan Hale McManus Stallworth

Cassis Hammerstrom McNutt Tesanovich

Cherry Hanley Middaugh Thomas

Ciaramitaro Harder Murphy Varga

Crissman Hertel Nye Vaughn

Cropsey Hood Olshove Voorhees

Curtis Horton Owen Wallace

Dalman Jansen Oxender Wetters

DeHart Jaye Palamara Whyman

DeVuyst Jelinek Parks Willard

Dobb Jellema Perricone Wojno

Dobronski

Nays--0

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.

Second Reading of Bills

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.

The bill was read a second time.

Rep. Baird 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. 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.

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

Roll Call No. 392 Yeas--99

Agee Dobronski Jellema Parks

Alley Fitzgerald Johnson Perricone

Anthony Frank Kaza Price

Baird Freeman Kelly Prusi

Bankes Gagliardi Kukuk Raczkowski

Birkholz Galloway LaForge Rhead

Bobier Geiger Law Richner

Bodem Gernaat Leland Rison

Bogardus Gilmer Llewellyn Rocca

Brackenridge Godchaux London Schauer

Brater Goschka Lowe Schroer

Brewer Green Mans Scott

Brown Griffin Martinez Scranton

Byl Gubow Mathieu Sikkema

Callahan Gustafson McBryde Stallworth

Cassis Hale McManus Tesanovich

Cherry Hammerstrom McNutt Thomas

Ciaramitaro Hanley Middaugh Varga

Crissman Harder Middleton Vaughn

Cropsey Hertel Murphy Voorhees

Curtis Hood Nye Wallace

Dalman Horton Olshove Whyman

DeHart Jansen Owen Willard

DeVuyst Jaye Oxender Wojno

Dobb Jelinek Palamara

Nays--2

Profit Wetters

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.

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

"Mr. Speaker and members of the House:

I supported House Bill 4542 which would require public and private colleges and universities to establish written campus sexual assault policies. That is a good idea and long overdue. But the rest of the bills in this package (HB 4543 - 4553) punish students who attend schools that don't comply with HB 4542. Why punish the students for the actions or inaction of the colleges and universities they attend? I think barring students from financial aide programs because the institution they attended snubbed their nose at the legislature in wrong. Unfortunately, most of the people in the house of representatives think its right and are willing to victimize innocent students to make their point. Go figure!"

Second Reading of Bills

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.

The bill was read a second time.

Rep. Cherry 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. 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.

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

Roll Call No. 393 Yeas--99

Agee Dobronski Jelinek Palamara

Alley Emerson Jellema Parks

Anthony Fitzgerald Johnson Perricone

Baird Frank Kaza Price

Bankes Freeman Kelly Quarles

Birkholz Gagliardi Kukuk Raczkowski

Bobier Galloway LaForge Rhead

Bodem Geiger Law Richner

Bogardus Gernaat Leland Rison

Brackenridge Gilmer Llewellyn Rocca

Brater Godchaux London Schauer

Brewer Goschka Lowe Schroer

Brown Green Mans Scott

Byl Griffin Martinez Scranton

Callahan Gubow Mathieu Sikkema

Cassis Gustafson McBryde Stallworth

Cherry Hale McManus Tesanovich

Ciaramitaro Hammerstrom McNutt Thomas

Crissman Hanley Middaugh Vaughn

Cropsey Harder Middleton Voorhees

Curtis Hertel Murphy Wallace

Dalman Hood Nye Whyman

DeHart Horton Olshove Willard

DeVuyst Jansen Owen Wojno

Dobb Jaye Oxender

Nays--2

Profit Wetters

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.

______

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

"Mr. Speaker and members of the House:

I supported House Bill 4542 which would require public and private colleges and universities to establish written campus sexual assault policies. That is a good idea and long overdue. But the rest of the bills in this package (HB 4543 - 4553) punish students who attend schools that don't comply with HB 4542. Why punish the students for the actions or inaction of the colleges and universities they attend? I think barring students from financial aide programs because the institution they attended snubbed their nose at the legislature in wrong. Unfortunately, most of the people in the house of representatives think its right and are willing to victimize innocent students to make their point. Go figure!"

Second Reading of Bills

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).

The bill was read a second time.

Rep. McBryde 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. 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).

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

Roll Call No. 394 Yeas--94

Agee Emerson Kaza Perricone

Alley Fitzgerald Kelly Price

Anthony Frank Kukuk Prusi

Baird Freeman LaForge Quarles

Birkholz Gagliardi Law Raczkowski

Bobier Galloway Leland Rhead

Bodem Geiger Llewellyn Richner

Bogardus Gernaat London Rison

Brackenridge Gilmer Lowe Rocca

Brater Godchaux Mans Schauer

Brown Goschka Martinez Schroer

Byl Green Mathieu Scott

Callahan Griffin McBryde Scranton

Cassis Gubow McManus Sikkema

Cherry Gustafson McNutt Tesanovich

Ciaramitaro Hale Middaugh Thomas

Crissman Hammerstrom Middleton Varga

Cropsey Hanley Murphy Vaughn

Curtis Harder Olshove Voorhees

Dalman Horton Owen Wallace

DeHart Jansen Oxender Whyman

DeVuyst Jaye Palamara Willard

Dobb Jelinek Parks Wojno

Dobronski Johnson

Nays--2

Profit Wetters

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.

______

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

"Mr. Speaker and members of the House:

I supported House Bill 4542 which would require public and private colleges and universities to establish written campus sexual assault policies. That is a good idea and long overdue. But the rest of the bills in this package (HB 4543 - 4553) punish students who attend schools that don't comply with HB 4542. Why punish the students for the actions or inaction of the colleges and universities they attend? I think barring students from financial aide programs because the institution they attended snubbed their nose at the legislature in wrong. Unfortunately, most of the people in the house of representatives think its right and are willing to victimize innocent students to make their point. Go figure!"

Second Reading of Bills

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.

The bill was read a second time.

Rep. Gagliardi 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. 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.

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

Roll Call No. 395 Yeas--99

Agee Dobronski Jelinek Parks

Alley Emerson Jellema Perricone

Anthony Fitzgerald Johnson Price

Baird Frank Kaza Prusi

Bankes Freeman Kelly Quarles

Birkholz Gagliardi Kukuk Raczkowski

Bobier Galloway LaForge Rhead

Bodem Geiger Law Richner

Bogardus Gernaat Llewellyn Rison

Brackenridge Gilmer London Rocca

Brater Godchaux Lowe Schauer

Brewer Goschka Mans Schroer

Brown Green Martinez Scranton

Byl Griffin Mathieu Sikkema

Callahan Gubow McBryde Stallworth

Cassis Gustafson McManus Tesanovich

Cherry Hale McNutt Thomas

Ciaramitaro Hammerstrom Middaugh Varga

Crissman Hanley Middleton Vaughn

Cropsey Harder Murphy Voorhees

Curtis Hertel Nye Wallace

Dalman Hood Olshove Whyman

DeHart Horton Owen Willard

DeVuyst Jansen Oxender Wojno

Dobb Jaye Palamara

Nays--2

Profit Wetters

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.

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

"Mr. Speaker and members of the House:

I supported House Bill 4542 which would require public and private colleges and universities to establish written campus sexual assault policies. That is a good idea and long overdue. But the rest of the bills in this package (HB 4543 - 4553) punish students who attend schools that don't comply with HB 4542. Why punish the students for the actions or inaction of the colleges and universities they attend? I think barring students from financial aide programs because the institution they attended snubbed their nose at the legislature in wrong. Unfortunately, most of the people in the house of representatives think its right and are willing to victimize innocent students to make their point. Go figure!"

Second Reading of Bills

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.

The bill was read a second time.

Rep. LaForge 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. 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.

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

Roll Call No. 396 Yeas--98

Agee Emerson Johnson Parks

Alley Fitzgerald Kaza Perricone

Anthony Frank Kelly Price

Baird Freeman Kukuk Prusi

Bankes Gagliardi LaForge Quarles

Bobier Galloway Law Raczkowski

Bodem Gernaat Leland Rhead

Bogardus Gilmer Llewellyn Richner

Brackenridge Godchaux London Rison

Brater Goschka Lowe Rocca

Brewer Green Mans Schauer

Brown Griffin Martinez Schroer

Byl Gubow Mathieu Scott

Callahan Gustafson McBryde Scranton

Cassis Hale McManus Sikkema

Cherry Hammerstrom McNutt Tesanovich

Ciaramitaro Hanley Middaugh Thomas

Crissman Harder Middleton Varga

Cropsey Hertel Murphy Vaughn

Curtis Hood Nye Voorhees

Dalman Horton Olshove Wallace

DeHart Jansen Owen Whyman

DeVuyst Jaye Oxender Willard

Dobb Jelinek Palamara Wojno

Dobronski Jellema

Nays--2

Profit Wetters

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.

______

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

"Mr. Speaker and members of the House:

I supported House Bill 4542 which would require public and private colleges and universities to establish written campus sexual assault policies. That is a good idea and long overdue. But the rest of the bills in this package (HB 4543 - 4553) punish students who attend schools that don't comply with HB 4542. Why punish the students for the actions or inaction of the colleges and universities they attend? I think barring students from financial aide programs because the institution they attended snubbed their nose at the legislature in wrong. Unfortunately, most of the people in the house of representatives think its right and are willing to victimize innocent students to make their point. Go figure!"

Second Reading of Bills

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).

The bill was read a second time.

Rep. Hanley 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. 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).

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

Roll Call No. 397 Yeas--98

Agee Emerson Jellema Palamara

Alley Fitzgerald Johnson Parks

Anthony Frank Kaza Perricone

Baird Freeman Kelly Price

Bankes Gagliardi Kukuk Prusi

Birkholz Galloway LaForge Quarles

Bobier Geiger Law Raczkowski

Bogardus Gernaat Leland Rhead

Brackenridge Gilmer Llewellyn Richner

Brater Godchaux London Rocca

Brewer Goschka Lowe Schauer

Brown Green Mans Schroer

Byl Griffin Martinez Scott

Callahan Gubow Mathieu Scranton

Cassis Gustafson McBryde Sikkema

Cherry Hale McManus Tesanovich

Ciaramitaro Hammerstrom McNutt Thomas

Crissman Hanley Middaugh Varga

Cropsey Harder Middleton Vaughn

Curtis Hertel Murphy Voorhees

Dalman Hood Nye Wallace

DeHart Horton Olshove Whyman

DeVuyst Jansen Owen Willard

Dobb Jaye Oxender Wojno

Dobronski Jelinek

Nays--2

Profit Wetters

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.

______

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

"Mr. Speaker and members of the House:

I supported House Bill 4542 which would require public and private colleges and universities to establish written campus sexual assault policies. That is a good idea and long overdue. But the rest of the bills in this package (HB 4543 - 4553) punish students who attend schools that don't comply with HB 4542. Why punish the students for the actions or inaction of the colleges and universities they attend? I think barring students from financial aide programs because the institution they attended snubbed their nose at the legislature in wrong. Unfortunately, most of the people in the house of representatives think its right and are willing to victimize innocent students to make their point. Go figure!"

Second Reading of Bills

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).

The bill was read a second time.

Rep. Schroer 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. 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).

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

Roll Call No. 398 Yeas--99

Agee Emerson Jellema Parks

Alley Fitzgerald Johnson Perricone

Anthony Frank Kaza Price

Baird Freeman Kelly Prusi

Bankes Gagliardi Kukuk Quarles

Birkholz Galloway LaForge Raczkowski

Bobier Geiger Law Rhead

Bodem Gernaat Leland Richner

Bogardus Gilmer Llewellyn Rison

Brackenridge Godchaux London Rocca

Brater Goschka Lowe Schauer

Brewer Green Mans Schroer

Brown Griffin Martinez Scott

Byl Gubow Mathieu Scranton

Callahan Gustafson McBryde Stallworth

Cassis Hale McManus Tesanovich

Cherry Hammerstrom McNutt Thomas

Crissman Hanley Middaugh Varga

Cropsey Harder Middleton Vaughn

Curtis Hertel Murphy Voorhees

Dalman Hood Nye Wallace

DeHart Horton Olshove Whyman

DeVuyst Jansen Owen Willard

Dobb Jaye Oxender Wojno

Dobronski Jelinek Palamara

Nays--2

Profit Wetters

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.

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

"Mr. Speaker and members of the House:

I supported House Bill 4542 which would require public and private colleges and universities to establish written campus sexual assault policies. That is a good idea and long overdue. But the rest of the bills in this package (HB 4543 - 4553) punish students who attend schools that don't comply with HB 4542. Why punish the students for the actions or inaction of the colleges and universities they attend? I think barring students from financial aide programs because the institution they attended snubbed their nose at the legislature in wrong. Unfortunately, most of the people in the house of representatives think its right and are willing to victimize innocent students to make their point. Go figure!"

Second Reading of Bills

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.

The bill was read a second time.

Rep. Martinez 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. 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.

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

Roll Call No. 399 Yeas--100

Agee Emerson Jellema Parks

Anthony Fitzgerald Johnson Perricone

Baird Frank Kaza Price

Bankes Freeman Kelly Prusi

Birkholz Gagliardi Kukuk Quarles

Bobier Galloway LaForge Raczkowski

Bodem Geiger Law Rhead

Bogardus Gernaat Leland Richner

Brackenridge Gilmer Llewellyn Rison

Brater Godchaux London Rocca

Brewer Goschka Lowe Schauer

Brown Green Mans Schroer

Byl Griffin Martinez Scott

Callahan Gubow Mathieu Scranton

Cassis Gustafson McBryde Sikkema

Cherry Hale McManus Stallworth

Ciaramitaro Hammerstrom McNutt Tesanovich

Crissman Hanley Middaugh Thomas

Cropsey Harder Middleton Varga

Curtis Hertel Murphy Vaughn

Dalman Hood Nye Voorhees

DeHart Horton Olshove Wallace

DeVuyst Jansen Owen Whyman

Dobb Jaye Oxender Willard

Dobronski Jelinek Palamara Wojno

Nays--2

Profit Wetters

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.

______

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

"Mr. Speaker and members of the House:

I supported House Bill 4542 which would require public and private colleges and universities to establish written campus sexual assault policies. That is a good idea and long overdue. But the rest of the bills in this package (HB 4543 - 4553) punish students who attend schools that don't comply with HB 4542. Why punish the students for the actions or inaction of the colleges and universities they attend? I think barring students from financial aide programs because the institution they attended snubbed their nose at the legislature in wrong. Unfortunately, most of the people in the house of representatives think its right and are willing to victimize innocent students to make their point. Go figure!"

Second Reading of Bills

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).

The bill was read a second time.

Rep. Murphy 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. 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).

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

Roll Call No. 400 Yeas--99

Agee Emerson Jellema Parks

Alley Fitzgerald Johnson Perricone

Anthony Frank Kaza Price

Baird Freeman Kelly Prusi

Bankes Gagliardi Kukuk Quarles

Birkholz Galloway LaForge Raczkowski

Bobier Geiger Law Rhead

Bodem Gernaat Leland Richner

Bogardus Gilmer Llewellyn Rison

Brackenridge Godchaux London Rocca

Brater Goschka Lowe Schauer

Brewer Green Mans Schroer

Brown Griffin Martinez Scott

Byl Gubow Mathieu Scranton

Callahan Gustafson McBryde Sikkema

Cassis Hale McManus Stallworth

Cherry Hammerstrom McNutt Tesanovich

Crissman Hanley Middaugh Thomas

Cropsey Harder Middleton Varga

Curtis Hertel Murphy Vaughn

Dalman Hood Nye Wallace

DeHart Horton Olshove Whyman

DeVuyst Jansen Owen Willard

Dobb Jaye Oxender Wojno

Dobronski Jelinek Palamara

Nays--3

Profit Voorhees Wetters

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.

______

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

"Mr. Speaker and members of the House:

I supported House Bill 4542 which would require public and private colleges and universities to establish written campus sexual assault policies. That is a good idea and long overdue. But the rest of the bills in this package (HB 4543 - 4553) punish students who attend schools that don't comply with HB 4542. Why punish the students for the actions or inaction of the colleges and universities they attend? I think barring students from financial aide programs because the institution they attended snubbed their nose at the legislature in wrong. Unfortunately, most of the people in the house of representatives think its right and are willing to victimize innocent students to make their point. Go figure!"

Second Reading of Bills

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.

The bill was read a second time.

Rep. Brewer 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. 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.

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

Roll Call No. 401 Yeas--98

Agee Dobronski Kaza Perricone

Alley Fitzgerald Kelly Price

Anthony Frank Kukuk Prusi

Baird Freeman LaForge Quarles

Bankes Gagliardi Law Raczkowski

Birkholz Galloway Leland Rhead

Bobier Geiger Llewellyn Richner

Bodem Gernaat London Rison

Bogardus Gilmer Lowe Rocca

Brackenridge Godchaux Mans Schauer

Brater Goschka Martinez Schroer

Brewer Green Mathieu Scott

Brown Griffin McBryde Scranton

Byl Gubow McManus Sikkema

Callahan Gustafson McNutt Stallworth

Cassis Hale Middaugh Tesanovich

Cherry Hammerstrom Middleton Thomas

Ciaramitaro Hanley Murphy Varga

Crissman Harder Nye Vaughn

Cropsey Hood Olshove Voorhees

Curtis Horton Owen Wallace

Dalman Jansen Oxender Whyman

DeHart Jaye Palamara Willard

DeVuyst Jelinek Parks Wojno

Dobb Johnson

Nays--2

Profit Wetters

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.

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

"Mr. Speaker and members of the House:

I supported House Bill 4542 which would require public and private colleges and universities to establish written campus sexual assault policies. That is a good idea and long overdue. But the rest of the bills in this package (HB 4543 - 4553) punish students who attend schools that don't comply with HB 4542. Why punish the students for the actions or inaction of the colleges and universities they attend? I think barring students from financial aide programs because the institution they attended snubbed their nose at the legislature in wrong. Unfortunately, most of the people in the house of representatives think its right and are willing to victimize innocent students to make their point. Go figure!"

Second Reading of Bills

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.

The bill was read a second time.

Rep. Johnson 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. 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.

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

Roll Call No. 402 Yeas--100

Agee Dobronski Jelinek Palamara

Alley Emerson Jellema Parks

Anthony Fitzgerald Johnson Perricone

Baird Frank Kaza Price

Bankes Freeman Kelly Prusi

Birkholz Gagliardi Kukuk Quarles

Bobier Galloway LaForge Raczkowski

Bodem Geiger Law Rhead

Bogardus Gernaat Leland Richner

Brackenridge Gilmer Llewellyn Rison

Brater Godchaux London Rocca

Brewer Goschka Lowe Schauer

Brown Green Mans Schroer

Byl Griffin Martinez Scott

Callahan Gubow Mathieu Scranton

Cassis Gustafson McBryde Sikkema

Cherry Hale McManus Stallworth

Ciaramitaro Hammerstrom McNutt Tesanovich

Crissman Hanley Middaugh Thomas

Cropsey Harder Middleton Vaughn

Curtis Hertel Murphy Voorhees

Dalman Hood Nye Wallace

DeHart Horton Olshove Whyman

DeVuyst Jansen Owen Willard

Dobb Jaye Oxender Wojno

Nays--2

Profit Wetters

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.

______

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

"Mr. Speaker and members of the House:

I supported House Bill 4542 which would require public and private colleges and universities to establish written campus sexual assault policies. That is a good idea and long overdue. But the rest of the bills in this package (HB 4543 - 4553) punish students who attend schools that don't comply with HB 4542. Why punish the students for the actions or inaction of the colleges and universities they attend? I think barring students from financial aide programs because the institution they attended snubbed their nose at the legislature in wrong. Unfortunately, most of the people in the house of representatives think its right and are willing to victimize innocent students to make their point. Go figure!"

Second Reading of Bills

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.

The bill was read a second time.

Rep. Brater 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.

______

The Speaker called the Speaker Pro Tempore to the Chair.

By unanimous consent the House returned to the order of

Third Reading of Bills

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.

The bill was read a third time.

The question being on the passage of the bill,

Rep. McNutt moved that consideration of the bill be postponed temporarily.

The motion prevailed.

Second Reading of Bills

House Bill No. 4774, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 1234 (MCL 380.1234).

The bill was read a second time.

Rep. Bodem 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. 4774, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 1234 (MCL 380.1234).

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

Roll Call No. 403 Yeas--99

Agee Dobronski Jelinek Price

Alley Emerson Johnson Profit

Anthony Fitzgerald Kaza Prusi

Baird Frank Kelly Quarles

Bankes Freeman Kukuk Raczkowski

Birkholz Gagliardi LaForge Rhead

Bobier Galloway Law Richner

Bodem Geiger Leland Rison

Bogardus Gernaat Llewellyn Rocca

Brackenridge Gilmer London Schauer

Brater Godchaux Lowe Schroer

Brewer Goschka Mans Scott

Brown Green Martinez Scranton

Byl Griffin Mathieu Sikkema

Callahan Gubow McBryde Stallworth

Cassis Gustafson McManus Tesanovich

Cherry Hale Middaugh Thomas

Ciaramitaro Hammerstrom Middleton Varga

Crissman Hanley Murphy Vaughn

Cropsey Harder Nye Voorhees

Curtis Hertel Olshove Wetters

Dalman Hood Owen Whyman

DeHart Horton Oxender Willard

DeVuyst Jansen Parks Wojno

Dobb Jaye Perricone

Nays--0

In The Chair: Murphy

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.

Second Reading of Bills

House Bill No. 4382, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 8905a (MCL 324.8905a), as added by 1995 PA 111; and to repeal acts and parts of acts.

The bill was read a second time.

Rep. Anthony moved to amend the bill as follows:

1. Amend page 1, following "THE PEOPLE OF THE STATE OF MICHIGAN ENACT:" by inserting:

"Sec. 8904. (1) A person who violates this part is guilty of a misdemeanor and shall be fined not less than $100.00 or more than $500.00, and the costs of prosecution, or imprisonment for not more than 90 days, or both. Additionally, the court shall impose, under the supervision of the court, community service in the form of litter-gathering labor, including, but not limited to, litter connected with the particular violation.

(1) (2) Except as provided in subsection (4) (3) involving litter from a leased vehicle or leased vessel, in a proceeding for a violation of this part involving litter from a motor vehicle or vessel, proof that the particular vehicle or vessel described in the citation, complaint, or warrant was used in the violation, together with proof that the defendant named in the citation, complaint, or warrant was the registered owner of the vehicle or vessel at the time of the violation, constitutes an evidentiary presumption that the registered owner of the vehicle or vessel was the driver of the vehicle or vessel at the time of the violation.

(2) (3) The driver of a vehicle or vessel is presumed to be responsible for litter that is thrown, dumped, deposited, placed, or left from the vehicle or vessel on public or private property or water.

(3) (4) In a proceeding for a violation of this part involving litter from a leased motor vehicle or leased vessel, proof that the particular vehicle or vessel described in the citation, complaint, or warrant was used in the violation, together with proof that the defendant named in the citation, complaint, or warrant was the lessee of the vehicle or vessel at the time of the violation, constitutes an evidentiary presumption that the lessee of the vehicle or vessel was the driver of the vehicle or vessel at the time of the violation.

(4) (5) This section shall not apply if a sanction for the conduct is prescribed in section 8905a. and the condition in section 8905a(5) is satisfied.".

2. Amend page 2, following line 14, by inserting:

"Sec. 8905b. (1) In addition to any other penalty or sanction provided in this part for a criminal or civil action brought under this part, the court may require the defendant to pay either or both of the following:

(a) The cost of removing all litter which is the subject of the violation and the cost of damages to any land, water, wildlife, vegetation, or other natural resource or to any facility damaged by the violation of this part. Money collected under this subdivision shall be distributed to the governmental entity bringing the enforcement action.

(b) The reasonable expense of impoundment under section 8905c. Money collected under this subdivision shall be distributed to the governmental entity that impounded the vehicle involved in the violation of this part.

(2) IN ADDITION TO ANY OTHER PENALTY OR SANCTION PROVIDED FOR IN THIS PART, THE COURT SHALL IMPOSE, UNDER THE SUPERVISION OF THE COURT, COMMUNITY SERVICE IN THE FORM OF LITTER GATHERING LABOR, INCLUDING, BUT NOT LIMITED TO, LITTER CONNECTED WITH THE PARTICULAR VIOLATION.".

The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.

Rep. Anthony 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. 4382, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 8905a (MCL 324.8905a), as added by 1995 PA 111; and to repeal acts and parts of acts.

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

Roll Call No. 404 Yeas--95

Agee Dobb Jellema Price

Alley Dobronski Johnson Prusi

Anthony Emerson Kelly Quarles

Baird Fitzgerald Kukuk Raczkowski

Bankes Frank LaForge Rhead

Birkholz Freeman Law Richner

Bobier Gagliardi Leland Rison

Bodem Galloway London Rocca

Bogardus Geiger Lowe Schauer

Brackenridge Gernaat Mans Schroer

Brater Gilmer Martinez Scott

Brewer Godchaux Mathieu Scranton

Brown Goschka McBryde Sikkema

Byl Green McManus Stallworth

Callahan Griffin McNutt Tesanovich

Cassis Gubow Middaugh Thomas

Cherry Gustafson Middleton Varga

Ciaramitaro Hammerstrom Murphy Vaughn

Crissman Hanley Nye Voorhees

Cropsey Harder Olshove Wallace

Curtis Hood Owen Wetters

Dalman Horton Oxender Willard

DeHart Jaye Parks Wojno

DeVuyst Jelinek Perricone

Nays--3

Jansen Kaza Whyman

In The Chair: Murphy

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 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 8904, 8905a, and 8905b (MCL 324.8904, 324.8905a, and 324.8905b), section 8904 as amended and sections 8905a and 8905b as added by 1995 PA 111; and to repeal acts and parts of acts.

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. 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 repeals the sunset provision of a state law that allows government units to forfeit the automobile of an individual even if that person was not responsible for littering.

We should not repeal the sunset of this controversial state law."

The House returned to the consideration of

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.

(The bill was considered earlier today, see today's Journal, p. 1019.)

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. 405 Yeas--95

Agee Emerson Jellema Profit

Anthony Fitzgerald Johnson Prusi

Baird Frank Kaza Quarles

Bankes Freeman Kukuk Raczkowski

Birkholz Gagliardi LaForge Richner

Bobier Galloway Law Rison

Bodem Geiger Leland Rocca

Bogardus Gernaat London Schauer

Brackenridge Gilmer Lowe Schroer

Brater Godchaux Mans Scott

Brewer Goschka Mathieu Scranton

Brown Green McBryde Sikkema

Byl Griffin McManus Stallworth

Callahan Gubow McNutt Tesanovich

Cassis Gustafson Middaugh Thomas

Cherry Hale Middleton Varga

Crissman Hammerstrom Murphy Vaughn

Cropsey Hanley Nye Voorhees

Curtis Harder Olshove Wallace

Dalman Hood Owen Wetters

DeHart Horton Oxender Whyman

DeVuyst Jansen Parks Willard

Dobb Jaye Perricone Wojno

Dobronski Jelinek Price

Nays--1

Llewellyn

In The Chair: Murphy

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.

Second Reading of Bills

House Bill No. 4391, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 686, 688, 699, 707, and 710c (MCL 257.686, 257.688, 257.699, 257.707, and 257.710c), sections 686 and 688 as amended by 1990 PA 98 and section 710c as amended by 1991 PA 129, and by adding sections 33c and 603a.

Was read a second time, and the question being on the adoption of the proposed substitute (H-3) previously recommended by the Committee on Transportation,

The substitute (H-3) was adopted, a majority of the members serving voting therefor.

Rep. Law moved to substitute (H-4) the bill.

The motion prevailed and the substitute (H-4) was adopted, a majority of the members serving voting therefor.

Rep. Law 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. 4391, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 686, 688, 699, 707, and 710c (MCL 257.686, 257.688, 257.699, 257.707, and 257.710c), sections 686 and 688 as amended by 1990 PA 98 and section 710c as amended by 1991 PA 129, and by adding sections 33c and 603a.

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

Roll Call No. 406 Yeas--102

Agee Fitzgerald Kaza Price

Alley Frank Kelly Profit

Anthony Freeman Kukuk Prusi

Baird Gagliardi LaForge Quarles

Bankes Galloway Law Raczkowski

Birkholz Geiger Leland Rhead

Bobier Gernaat Llewellyn Richner

Bodem Gilmer London Rison

Bogardus Godchaux Lowe Rocca

Brackenridge Goschka Mans Schauer

Brater Green Martinez Schroer

Brewer Griffin Mathieu Scott

Brown Gubow McBryde Scranton

Byl Gustafson McManus Sikkema

Callahan Hale McNutt Stallworth

Cassis Hammerstrom Middaugh Tesanovich

Cherry Hanley Middleton Thomas

Ciaramitaro Harder Murphy Varga

Crissman Hertel Nye Vaughn

Cropsey Hood Olshove Voorhees

Curtis Horton Owen Wallace

Dalman Jansen Oxender Wetters

DeHart Jaye Palamara Whyman

DeVuyst Jelinek Parks Willard

Dobb Jellema Perricone Wojno

Dobronski Johnson

Nays--0

In The Chair: Murphy

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 authorize a political subdivision to enact an ordinance allowing certain electrically powered vehicles to be operated on a highway within the political subdivision's boundaries; to require certain equipment for electrically powered vehicles; to provide for restrictions and limitations; to provide for exceptions; and to define terms.

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.

Second Reading of Bills

House Bill No. 4149, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 7405, 16106, 17708, 17751, and 17763 (MCL 333.7405, 333.16106, 333.17708, 333.17751, and 333.17763), section 7405 as amended by 1988 PA 30, section 17708 as amended by 1994 PA 384, and section 17763 as amended by 1993 PA 79.

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

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

Rep. Nye moved to amend the bill as follows:

1. Amend page 7, line 16, after the first "MEDICINE" by inserting "OR".

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

Rep. Nye 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.

______

Rep. Kelly moved that Rep. Scott be excused from the balance of today's session.

The motion prevailed.

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 4149, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 7405, 16106, 17708, 17751, and 17763 (MCL 333.7405, 333.16106, 333.17708, 333.17751, and 333.17763), section 7405 as amended by 1988 PA 30, section 17708 as amended by 1994 PA 384, and section 17763 as amended by 1993 PA 79.

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

Roll Call No. 407 Yeas--96

Alley Frank Johnson Parks

Anthony Freeman Kaza Perricone

Baird Gagliardi Kelly Price

Bankes Galloway Kukuk Profit

Birkholz Geiger LaForge Prusi

Bobier Gernaat Law Quarles

Bodem Gilmer Leland Raczkowski

Bogardus Godchaux Llewellyn Rhead

Brackenridge Goschka London Richner

Brater Green Lowe Rocca

Brown Griffin Mans Schauer

Byl Gubow Martinez Schroer

Callahan Gustafson Mathieu Sikkema

Cassis Hale McBryde Stallworth

Cherry Hammerstrom McManus Tesanovich

Ciaramitaro Hanley McNutt Thomas

Crissman Harder Middaugh Varga

Cropsey Hertel Middleton Vaughn

Curtis Hood Murphy Voorhees

DeHart Horton Nye Wallace

DeVuyst Jansen Olshove Wetters

Dobb Jaye Owen Whyman

Dobronski Jelinek Oxender Willard

Fitzgerald Jellema Palamara Wojno

Nays--0

In The Chair: Murphy

The House agreed to the title of the bill.

Reps. Agee, Anthony, Baird, Bankes, Birkholz, Bobier, Bodem, Bogardus, Brewer, Byl, Cassis, Cherry, Curtis, Dalman, DeHart, DeVuyst, Dobb, Dobronski, Fitzgerald, Gagliardi, Geiger, Gernaat, Gilmer, Goschka, Green, Gubow, Hale, Hammerstrom, Harder, Horton, Jansen, Jelinek, Jellema, Johnson, Kaza, Kukuk, LaForge, Law, Llewellyn, London, Lowe, Martinez, Mathieu, McBryde, McNutt, Middaugh, Middleton, Murphy, Olshove, Oxender, Palamara, Perricone, Profit, Prusi, Raczkowski, Richner, Scranton, Tesanovich, Varga, Vaughn, Voorhees, Wallace and Wojno were named co-sponsors of the bill.

Second Reading of Bills

House Bill No. 4522, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 82113 (MCL 324.82113), as added by 1995 PA 58.

Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Conservation, Environment and Recreation,

The substitute (H-2) was adopted, a majority of the members serving voting therefor.

Rep. Bobier 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. 4522, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 82113 (MCL 324.82113), as added by 1995 PA 58.

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

Roll Call No. 408 Yeas--98

Agee Fitzgerald Johnson Price

Alley Frank Kaza Profit

Anthony Freeman Kelly Prusi

Baird Gagliardi Kukuk Quarles

Bankes Galloway Law Raczkowski

Birkholz Geiger Leland Rhead

Bobier Gernaat Llewellyn Richner

Bodem Gilmer London Rison

Bogardus Godchaux Lowe Rocca

Brackenridge Goschka Mans Schauer

Brater Green Mathieu Schroer

Brewer Griffin McBryde Scranton

Brown Gubow McManus Sikkema

Byl Gustafson McNutt Stallworth

Callahan Hale Middaugh Tesanovich

Cassis Hammerstrom Middleton Thomas

Cherry Hanley Murphy Varga

Ciaramitaro Harder Nye Vaughn

Crissman Hertel Olshove Voorhees

Curtis Hood Owen Wallace

Dalman Horton Oxender Wetters

DeHart Jansen Palamara Whyman

DeVuyst Jaye Parks Willard

Dobb Jelinek Perricone Wojno

Dobronski Jellema

Nays--1

LaForge

In The Chair: Murphy

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.

Second Reading of Bills

House Bill No. 4440, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending section 273 (MCL 206.273), as added by 1988 PA 516.

The bill was read a second time.

Rep. Whyman moved to amend the bill as follows:

1. Amend page 2, line 23, by striking out all of subsection (4) and renumbering the remaining subsection.

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

Rep. DeHart 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. 4440, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending section 273 (MCL 206.273), as added by 1988 PA 516.

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

Roll Call No. 409 Yeas--100

Agee Dobronski Jellema Perricone

Alley Fitzgerald Johnson Price

Anthony Frank Kaza Profit

Baird Freeman Kelly Prusi

Bankes Gagliardi Kukuk Quarles

Birkholz Galloway LaForge Raczkowski

Bobier Geiger Law Rhead

Bodem Gernaat Leland Richner

Bogardus Gilmer Llewellyn Rison

Brackenridge Godchaux London Rocca

Brater Goschka Lowe Schauer

Brewer Green Mans Schroer

Brown Griffin Mathieu Scranton

Byl Gubow McBryde Sikkema

Callahan Gustafson McManus Stallworth

Cassis Hale McNutt Tesanovich

Cherry Hammerstrom Middaugh Thomas

Ciaramitaro Hanley Middleton Varga

Crissman Harder Murphy Vaughn

Cropsey Hertel Nye Voorhees

Curtis Hood Olshove Wallace

Dalman Horton Owen Wetters

DeHart Jansen Oxender Whyman

DeVuyst Jaye Palamara Willard

Dobb Jelinek Parks Wojno

Nays--0

In The Chair: Murphy

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. Birkholz, Bobier, Bodem, Brackenridge, Brater, Brown, Cassis, Crissman, Dalman, DeVuyst, Dobb, Dobronski, Freeman, Gagliardi, Gernaat, Gilmer, Green, Gustafson, Hammerstrom, Horton, Jellema, Kaza, Kukuk, Law, Llewellyn, London, Mans, McBryde, Middaugh, Middleton, Murphy, Nye, Palamara, Perricone, Profit, Prusi, Quarles, Raczkowski, Rhead, Rocca, Schroer, Vaughn, Voorhees, Wallace, Whyman and Wojno were named co-sponsors of the bill.

Second Reading of Bills

House Bill No. 4773, entitled

A bill to amend 1975 PA 228, entitled "Single business tax act," by amending section 35 (MCL 208.35), as amended by 1995 PA 255.

Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Tax Policy,

The substitute (H-2) was adopted, a majority of the members serving voting therefor.

Rep. Profit 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. 4773, entitled

A bill to amend 1975 PA 228, entitled "Single business tax act," by amending section 35 (MCL 208.35), as amended by 1995 PA 255.

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

Roll Call No. 410 Yeas--93

Alley Fitzgerald Jellema Perricone

Anthony Frank Kaza Price

Bankes Freeman Kelly Profit

Birkholz Gagliardi Kukuk Prusi

Bobier Galloway Leland Quarles

Bodem Geiger Llewellyn Raczkowski

Bogardus Gernaat London Rhead

Brackenridge Gilmer Lowe Richner

Brater Godchaux Mans Rison

Brewer Goschka Martinez Rocca

Brown Green Mathieu Schauer

Byl Griffin McBryde Schroer

Callahan Gubow McManus Scranton

Cassis Gustafson McNutt Sikkema

Cherry Hale Middaugh Tesanovich

Ciaramitaro Hammerstrom Middleton Thomas

Crissman Hanley Murphy Varga

Cropsey Harder Nye Vaughn

Curtis Hertel Olshove Voorhees

Dalman Horton Owen Wallace

DeHart Jansen Oxender Whyman

DeVuyst Jaye Palamara Willard

Dobb Jelinek Parks Wojno

Dobronski

Nays--1

LaForge

In The Chair: Murphy

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. Birkholz, Bobier, Callahan, Crissman, DeHart, DeVuyst, Gagliardi, Goschka, Green, Gustafson, Hale, Hammerstrom, Hanley, Horton, Jellema, Kelly, Kukuk, Law, London, Mans, Mathieu, McBryde, Middaugh, Middleton, Murphy, Owen, Prusi, Richner, Rocca, Vaughn, Voorhees and Willard were named co-sponsors of the bill.

Second Reading of Bills

House Bill No. 4766, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 33 (MCL 257.33), as amended by 1995 PA 140.

The bill was read a second time.

Rep. Law 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.

Rep. Dobb moved that Rep. Dalman be excused temporarily from today's session.

The motion prevailed.

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 4766, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 33 (MCL 257.33), as amended by 1995 PA 140.

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

Roll Call No. 411 Yeas--100

Agee Fitzgerald Johnson Perricone

Alley Frank Kaza Price

Anthony Freeman Kelly Profit

Baird Gagliardi Kukuk Prusi

Bankes Galloway LaForge Quarles

Birkholz Geiger Law Raczkowski

Bobier Gernaat Leland Rhead

Bodem Gilmer Llewellyn Richner

Bogardus Godchaux London Rison

Brackenridge Goschka Lowe Rocca

Brater Green Mans Schauer

Brewer Griffin Martinez Schroer

Brown Gubow Mathieu Scranton

Byl Gustafson McBryde Sikkema

Callahan Hale McManus Stallworth

Cassis Hammerstrom McNutt Tesanovich

Cherry Hanley Middaugh Thomas

Ciaramitaro Harder Middleton Varga

Crissman Hertel Murphy Vaughn

Cropsey Hood Nye Voorhees

Curtis Horton Olshove Wallace

DeHart Jansen Owen Wetters

DeVuyst Jaye Oxender Whyman

Dobb Jelinek Palamara Willard

Dobronski Jellema Parks Wojno

Nays--0

In The Chair: Murphy

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.

______

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

Reps. Callahan, Freeman, Raczkowski, Brewer, Voorhees, McBryde, Goschka, Anthony, DeHart, Brown, Jaye, Hale, Richner, Hanley, Agee, Profit, Fitzgerald, Dobronski, Brater, Parks, Prusi, Cherry, LaForge, Murphy, Gubow, Bankes, McNutt, Dobb, Harder, Varga, Tesanovich, Baird, Green, Crissman, Scranton, Stallworth, Hammerstrom, Vaughn, Scott, Jellema, Wetters, Galloway, Horton, Brackenridge, Bodem, Dalman, Cropsey, Kelly and Olshove offered the following resolution:

House Resolution No. 64.

A resolution to recognize the 57th Anniversary of the formation of the Parachute Test Platoon and its "Jump into History" date of August 16, 1940.

Whereas, The Parachute Test Platoon was authorized by the War Department on June 25, 1940 to experiment with the potential use of airborne troops; and

Whereas, The Parachute Test Platoon, composed of 48 volunteers, began training in July 1940; and

Whereas, The Parachute Test Platoon performed the first official Army parachute jump on August 16, 1940; and

Whereas, The success of the Parachute Test Platoon led to the formation of a large and successful airborne contingent serving in World War II to the present; and

Whereas, The 82nd Airborne Division was the first Airborne Division organized out of the success of the Parachute Test Platoon and the early airborne training program, and has continued in active service since its creation; and

Whereas, The 82nd Airborne Division Association exists to continue and foster that special esprit de corps among fellow paratroopers--and to perpetuate the memory of those 82nd Airborne Division troopers who fought and died for our nation, and to further the common bond among all members of the airborne community; and

Whereas, The 82nd Airborne Division Association, in its 52nd year and at its 50th Annual Convention, wishes to perpetuate the memory of the Parachute Test Platoon's "Jump into History" date of August 16, 1940; now, therefore, be it

Resolved by the House of Representatives, That we salute the 57th Anniversary of the Parachute Test Platoon's "Jump into History" on August 16th, while honoring the 82nd Airborne Division Association in its 52nd year and at its 50th Annual Convention; and be it further

Resolved, That a copy of this resolution be transmitted to the members of the 82nd Airborne Division Association as evidence of our highest admiration.

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. Thomas, Hertel, Fitzgerald, Dobronski, Brater, Parks, Prusi, Hale, LaForge, Middaugh, DeHart, Callahan, Kaza, Murphy, Geiger, Gubow, Bankes, McNutt, Rhead, Dobb, Harder, Anthony, Tesanovich, Cherry, Jaye, Hanley, Baird, Green, Crissman, Goschka, McBryde, Scranton, Stallworth, Richner, Raczkowski, Hammerstrom, Scott, Jellema, Rocca, Wetters, Voorhees, Galloway, Horton, Brackenridge, Bodem, Dalman, Cropsey, Martinez, Oxender, Kelly, Willard, Gilmer, Olshove, Freeman, Ciaramitaro, Wojno, Varga and Hood offered the following resolution:

House Resolution No. 65.

A resolution offered as a memorial for Father William Cunningham.

Whereas, It is with deepest sympathy that the Michigan House of Representatives mourns the passing of one of Michigan's great heroes, Father William Cunningham. During his lifetime, Father Cunningham worked relentlessly, starting with the 1967 riots in Detroit, for harmony among all citizens of Michigan and the City of Detroit regardless of their ethnic background; and

Whereas, His legacy of love and compassion will be sorely missed. His combination of compassion and an untiring work ethic was reflected in his ceaseless efforts to improve the lives of those around him who reached out; and

Whereas, As Cofounder of Focus: HOPE, a nationally recognized civil rights organization and a group founded in the wake of the riots, Father Cunningham had a simple mission that was contained in the statement printed on all of Focus: HOPE's literature and business cards: "Recognizing the dignity and beauty of every person, we pledge intelligent and practical action to overcome racism, poverty and injustice"; and

Whereas, Father Cunningham's legacy includes several street blocks where Focus: HOPE is located - lined with training facilities, including one of the most sophisticated technology training centers in the country that turns out machinists, auto designers, and engineers; and

Whereas, The pragmatic approach of Focus: HOPE, which emphasized job training over hand-outs, responsibility over welfare, made Father Cunningham and Focus: HOPE a frequent stopover for politicians and others looking for a way to help those in need; and

Whereas, The State of Michigan and the City of Detroit will mourn the passing of a man who devoted his life to the City and its citizens. Father Cunningham adopted the City as his parish and spent three decades tirelessly trying to build racial harmony and create jobs. He fought these battles with compassion, courage and tenacity. He was a shining example to all who knew him and his mission will continue through the lives of all who were touched by him; now, therefore, be it

Resolved by the House of Representatives, That we offer this resolution in memory of the passing of Father William Cunningham, a great man who had a loving vision of all of us, a vision that we hope we can one day attain; and be it further

Resolved, That a copy of this resolution be transmitted to Focus: HOPE as evidence of our deepest sympathy.

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. Richner, Fitzgerald, Dobronski, Brater, Parks, Prusi, Hale, LaForge, Middaugh, DeHart, Callahan, Kaza, Murphy, Geiger, Gubow, Bankes, McNutt, Rhead, Dobb, Harder, Anthony, Tesanovich, Cherry, Jaye, Hanley, Baird, Green, Crissman, Goschka, McBryde, Scranton, Stallworth, Raczkowski, Hammerstrom, Perricone, Scott, Jellema, Birkholz, Wetters, Voorhees, Galloway, Horton, Brackenridge, Bodem, Dalman, Cropsey, Martinez, Oxender, Kelly, Gilmer, Olshove, Freeman, Ciaramitaro, Wojno, Thomas, Varga and Hood offered the following resolution:

House Resolution No. 66.

A resolution honoring the Detroit Red Wings.

Whereas, With their disciplined defense, stellar goaltending, and relentless offense leading to a triumphant victory over Claude Lemieux and the Colorado Avalanche in the Stanley Cup playoffs, the Detroit Red Wings have claimed the Clarence Campbell trophy for the second time in three years, representing not only the championship of the Western Conference, but their utter dominance over their inter-conference opponents, and now stand poised and ready to dispatch the Philadelphia Flyers and end forty-two years of frustration for legions of Red Wings fans all over Hockeytown and beyond; and

Whereas, As one of the National Hockey League's original six franchises, the Red Wings' hockey tradition is as long and storied as any in National Hockey League's history; and

Whereas, The Red Wings have possessed the Stanley Cup seven times, and, with four more wins will once again sip the sweet taste of victory from this silver trophy, thereby quenching the longest championship drought in the NHL; and

Whereas, In a truly memorable series, the Wings displayed remarkable grit and astonishing skill in thoroughly dominating the Colorado Avalanche, beating their arch-rival four games to two in spectacular fashion. Now appropriately battle-tested and as determined as ever, this outstanding team comprised of courageous veterans and hungry rookies prepare to meet the Flyers in the final stage of their quest to fulfill their ultimate dream--Lord Stanley's Cup and the NHL Championship; now, therefore, be it

Resolved by the House of Representatives, That we congratulate the Western Conference Champion Detroit Red Wings and express best wishes to them in the Stanley Cup Finals; and be it further

Resolved, That a copy of this resolution be transmitted to Captain Steve Yzerman and his teammates, Coach Scotty Bowman and Mike and Marian Ilitch as evidence of our highest esteem and congratulations.

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.

Reports of Select Committees

Joint Committee on Administrative Rules

Certificates of Approval

Date: May 21, 1997

Subject: Trans. No. 97-35

I hereby certify that the Joint Committee on Administrative Rules approved the administrative rules from the Family Independence Agency Department, General Rules, pertaining to Hearings, Appeals, and Declaratory Rulings (Part 9), dated May 15, 1997.

Date: May 21, 1997

Subject: Trans. No. 97-31

I hereby certify that the Joint Committee on Administrative Rules approved the rescission of administrative rules from the State Police Department, Automated Fingerprint Identification System Policy Council, pertaining to Automated Fingerprint Identification System, dated February 5, 1997.

Date: May 21, 1997

Subject: Trans. No. 97-27

I hereby certify that the Joint Committee on Administrative Rules approved the administrative rules from the Environmental Quality Department, Air Quality Division, pertaining to Air Pollution Control (Parts 1, 2, 6 and 7), dated 1/21/97.

Date: May 21, 1997

Subject: Trans. No. 97-29

I hereby certify that the Joint Committee on Administrative Rules approved the administrative rules from the Environmental Quality Department, Surface Water Quality Division, pertaining to Wastewater Reporting, dated January 29, 1997.

Sincerely,

Representative Candace A. Curtis

Chair

Announcement by the Clerk of Printing and Enrollment

The Clerk announced the enrollment printing and presentation to the Governor on Thursday, May 22, for his approval of the following bills:

Enrolled House Bill No. 4093 at 2:31 p.m.

Enrolled House Bill No. 4436 at 2:33 p.m.

The Clerk announced that the following bills had been printed and placed upon the files of the members, Wednesday, May 21:

Senate Bill Nos. 514 515 516 517

The Clerk announced that the following bill had been printed and placed upon the files of the members, Thursday, May 22:

Senate Bill No. 521

The Clerk announced that the following bills and joint resolution had been printed and placed upon the files of the members, Tuesday, May 27:

House Bill Nos. 4794 4795 4796 4797 4798 4799 4800 4801 4802 4803 4804 4805 4806 4807 4808 4810 4812

House Joint Resolution W

By unanimous consent the House returned to the order of

Reports of Standing Committees

The Committee on Appropriations, by Rep. Hood, Chair, reported

House Bill No. 4306, entitled

A bill to make appropriations for the department of community health and certain state purposes related to mental health, public health, and medical services for the fiscal years ending September 30, 1997 and September 30, 1998; to provide for the expenditure of such appropriations; to create funds; to provide for reports; to prescribe the powers and duties of certain local and state agencies and departments; and to provide for disposition of fees and other income received by the various state agencies.

With the recommendation that the substitute (H-1) be adopted and that the bill then pass.

The bill and substitute were referred to the order of Second Reading of Bills.

Favorable Roll Call

HB 4306 To Report Out:

Yeas: Reps. Hood, Mathieu, Ciaramitaro, Emerson, Frank, Hale, Harder, Kelly, Martinez, Owen, Parks, Price, Prusi, Rison, Schroer, Tesanovich,

Nays: Reps. Gilmer, Bankes, Bobier, Godchaux, Jansen, Jellema, Johnson, McBryde, Oxender.

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Thursday, May 22, 1997, at 1:00 p.m.,

Present: Reps. Hood, Mathieu, Ciaramitaro, Emerson, Frank, Hale, Harder, Kelly, Martinez, Owen, Parks, Price, Prusi, Rison, Schroer, Tesanovich, Gilmer, Bankes, Bobier, Godchaux, Jansen, Jellema, Johnson, McBryde, Oxender,

Absent: Reps. Stallworth, Geiger,

Excused: Rep. Stallworth.

The Committee on Labor and Occupational Safety, by Rep. Murphy, Chair, reported

House Bill No. 4462, entitled

A bill to amend 1939 PA 176, entitled "An act to create a commission relative to labor disputes, and to prescribe its powers and duties; to provide for the mediation and arbitration of labor disputes, and the holding of elections thereon; to regulate the conduct of parties to labor disputes and to require the parties to follow certain procedures; to regulate and limit the right to strike and picket; to protect the rights and privileges of employees, including the right to organize and engage in lawful concerted activities; to protect the rights and privileges of employers; to make certain acts unlawful; and to prescribe means of enforcement and penalties for violations of this act," by amending section 22 (MCL 423.22).

With the recommendation that the bill pass.

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

Favorable Roll Call

HB 4462 To Report Out:

Yeas: Reps. Murphy, Cherry, Agee, Bogardus, Callahan, Freeman,

Nays: Reps. Byl, Llewellyn, Raczkowski, Rhead.

The Committee on Labor and Occupational Safety, by Rep. Murphy, Chair, reported

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.

With the recommendation that the bill pass.

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

Favorable Roll Call

HB 4810 To Report Out:

Yeas: Reps. Murphy, Cherry, Agee, Bogardus, Callahan, Freeman,

Nays: Reps. Byl, Llewellyn, Raczkowski, Rhead.

The Committee on Labor and Occupational Safety, by Rep. Murphy, Chair, reported

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.

With the recommendation that the bill pass.

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

Favorable Roll Call

HB 4812 To Report Out:

Yeas: Reps. Murphy, Cherry, Agee, Bogardus, Callahan, Freeman,

Nays: Reps. Byl, Llewellyn, Raczkowski, Rhead.

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Murphy, Chair of the Committee on Labor and Occupational Safety, was received and read:

Meeting held on: Tuesday, May 27, 1997, at 9:00 a.m.,

Present: Reps. Murphy, Cherry, Agee, Bogardus, Callahan, Freeman, Byl, Llewellyn, Raczkowski, Rhead,

Absent: Rep. Schermesser,

Excused: Rep. Schermesser.

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Hanley, Chair of the Committee on Urban Policy and Economic Development, was received and read:

Meeting held on: Thursday, May 22, 1997, at 12:50 p.m.,

Present: Reps. Hanley, Schauer, Baird, LaForge, Thomas, Cassis, Byl, Raczkowski, Voorhees.

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. LaForge, Chair of the Committee on Human Services and Children, was received and read:

Meeting held on: Tuesday, May 27, 1997, at 9:00 a.m.,

Present: Reps. LaForge, Scott, Bogardus, Schauer, Horton, London,

Absent: Reps. Gire, Jaye, McManus,

Excused: Reps. Gire, Jaye, McManus.

Messages from the Senate

House Bill No. 4299, entitled

A bill to amend 1979 PA 94, entitled "The state school aid act of 1979," by amending sections 11, 20, 31a, 99, 104a, and 107 (MCL 388.1611, 388.1620, 388.1631a, 388.1699, 388.1704a, and 388.1707), sections 11, 20, 31a, 99, and 104a as amended and section 107 as added by 1996 PA 300, and by adding sections 6b, 105a, and 105b.

The Senate has concurred in the House amendments to the Senate substitute (S-1), agreed to the title and pursuant to Joint Rule 20, inserted the full title of the bill.

The House agreed to the full title of the bill.

The bill was referred to the Clerk for enrollment printing and presentation to the Governor.

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.

The Senate has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title of the bill.

The House agreed to the full title of the bill.

The bill was referred to the Clerk for enrollment printing and presentation to the Governor.

Introduction of Bills

Rep. Rhead introduced

House Bill No. 4829, entitled

A bill to amend 1990 PA 187, entitled "The pupil transportation act," by amending section 11 (MCL 257.1811).

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

Reps. Agee, Oxender, LaForge, Brater, Hanley, Mans, Wetters, Cherry, Schauer, Anthony, Baade, Prusi, Profit, Tesanovich, Parks, Vaughn, Scott, Murphy, Wojno, Hale, Freeman, Callahan and Jellema introduced

House Bill No. 4830, entitled

A bill to make appropriations to provide state funding for certain school districts levying certain debt millage; and to prescribe certain duties of certain state departments.

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

Reps. Gilmer, Perricone and LaForge introduced

House Bill No. 4831, entitled

A bill to amend 1976 PA 442, entitled "Freedom of information act," by amending sections 2, 3, 5, and 10 (MCL 15.232, 15.233, 15.235, and 15.240), as amended by 1996 PA 553.

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

Reps. Baird, Wallace, Gire, Schroer, Cherry, Anthony, Kaza, Martinez, Willard, Ciaramitaro, Brater, Hale and Hanley introduced

House Bill No. 4832, entitled

A bill to amend 1984 PA 431, entitled "The management and budget act," (MCL 18.1101 to 18.1594) by adding section 274.

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

Reps. Baird, Wallace, Gire, Ciaramitaro, Schroer, Brater, Hale, Martinez and Hanley introduced

House Bill No. 4833, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 16263, 16335, 17801, and 17820 (MCL 333.16263, 333.16335, 333.17801, and 333.17820), section 16263 as amended by 1995 PA 126, section 16335 as added by 1993 PA 80, and sections 17801 and 17820 as amended by 1987 PA 213, and by adding sections 17819 and 17823.

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

Reps. Baird, Wallace, Gire, Anthony, Schroer, Vaughn, Willard, Ciaramitaro, Brater, Hale and Hanley introduced

House Bill No. 4834, entitled

A bill to amend 1976 PA 331, entitled "Michigan consumer protection act," (MCL 445.901 to 445.922) by adding section 3c.

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

Reps. Baird, Wallace, Schroer, Vaughn, Willard, Anthony, Ciaramitaro, Brater, Gire and Hale introduced

House Bill No. 4835, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 12601, 12603, 12604a, 12605, 12607, and 12615 (MCL 333.12601, 333.12603, 333.12604a, 333.12605, 333.12607, and 333.12615), sections 12601 and 12615 as amended and section 12604a as added by 1988 PA 315, section 12603 as amended by 1993 PA 217, and sections 12605 and 12607 as amended by 1988 PA 296.

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

Reps. Baird, Wallace, Schroer, Martinez, Vaughn, Willard, Anthony, Ciaramitaro, Brater, Gire, Hale and Hanley introduced

House Bill No. 4836, entitled

A bill to amend 1976 PA 453, entitled "Elliott-Larsen civil rights act," by amending the title and sections 102, 103, 202, 203, 204, 205, 206, 207, 209, 302, 302a, 402, 502, 504, 505, and 506 (MCL 37.2102, 37.2103, 37.2202, 37.2203, 37.2204, 37.2205, 37.2206, 37.2207, 37.2209, 37.2302, 37.2302a, 37.2402, 37.2502, 37.2504, 37.2505, and 37.2506), the title as amended by 1992 PA 258, sections 102, 103, 502, 504, 505, and 506 as amended by 1992 PA 124, section 202 as amended by 1991 PA 11, section 302a as added by 1992 PA 70, and section 402 as amended by 1993 PA 216.

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

Reps. Baird, Wallace, Martinez, Cherry, Schroer, Willard, Anthony, Goschka, Ciaramitaro, Brater, Gire, Hale and Hanley introduced

House Bill No. 4837, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 2162 (MCL 600.2162), as amended by 1994 PA 67.

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

Reps. Brater, DeHart, Hale, Kaza, Anthony, Martinez, Gubow, Schermesser, Willard, Scott, Schauer, Cherry, Schroer, Parks, Bogardus and Jellema introduced

House Bill No. 4838, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 14809 (MCL 324.14809), as added by 1996 PA 132.

The bill was read a first time by its title and referred to the Committee on Conservation, Environment and Recreation.

Reps. Hammerstrom, Lowe, Brackenridge, Raczkowski, Jansen, Goschka, Birkholz, Kaza, Green, Galloway, Llewellyn and Perricone introduced

House Bill No. 4839, entitled

A bill to amend 1954 PA 116, entitled "Michigan election law," by amending section 509o (MCL 168.509o), as added by 1994 PA 441.

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

Reps. Gernaat and Lowe introduced

House Bill No. 4840, entitled

A bill to authorize the department of natural resources to convey certain state owned property in Roscommon county; to prescribe conditions for the conveyance; and to provide for disposition of the revenue from the conveyance.

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

Reps. Gernaat, Johnson, Lowe, Llewellyn, McManus, Goschka, McBryde, Walberg, Green, Oxender, Griffin, Baade, LeTarte, Voorhees, Jellema, Nye, DeVuyst, Kukuk, Jelinek, Cropsey, Horton, Birkholz, London and Jaye introduced

House Bill No. 4841, 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 sections 12a and 22 (MCL 207.112a and 207.122), section 22 as amended by 1995 PA 52.

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

Reps. Baade, Freeman, Profit, Martinez, Schauer, Llewellyn, Voorhees, Wallace, McBryde, Goschka, Wojno, Scott, Green, Anthony, DeHart, Hale, Harder, LaForge, Gernaat, Hanley and Olshove introduced

House Bill No. 4842, entitled

A bill to amend 1953 PA 192, entitled "An act to create a county department of veterans' affairs in certain counties, and to prescribe its powers and duties; and to transfer the powers and duties of the soldiers' relief commission in such counties," (MCL 35.621 to 35.624) by adding section 5.

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

Reps. Freeman, McBryde, Wetters, Mans, Mathieu, Kaza, Martinez, Callahan, Richner, Hale and Gubow introduced

House Bill No. 4843, entitled

A bill to amend 1937 PA 103, entitled "An act to prescribe certain conditions relative to the execution of instruments entitled to be recorded in the office of the register of deeds," by amending section 1 (MCL 565.201).

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

Reps. Willard, Gire, Goschka, Richner, Hale, Brewer, Freeman, Raczkowski, Jaye, Baird, Gubow, Ciaramitaro and Scott introduced

House Bill No. 4844, entitled

A bill to prohibit the concealment of certain facts in a civil action; and to prohibit certain orders and agreements arising out of litigation.

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

Reps. Nye, Llewellyn, Rhead, Voorhees, Bobier, Walberg, Hammerstrom, McBryde, McNutt, Law, Green, Cropsey, Horton, McManus and Kukuk introduced

House Bill No. 4845, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending section 30 (MCL 206.30), as amended by 1996 PA 484.

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

______

Rep. Bogardus moved that the House adjourn.

The motion prevailed, the time being 5:20 p.m.

The Speaker Pro Tempore declared the House adjourned until Wednesday, May 28, at 2:00 p.m.

MARY KAY SCULLION

Clerk of the House of Representatives.