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.