No. 30
JOURNAL OF THE HOUSE
House Chamber, Lansing, Wednesday, April 16, 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--present
Baird--present
Bankes--present
Birkholz--present
Bobier--present
Bodem--present
Bogardus--present
Brackenridge--present
Brater--present
Brewer--present
Brown--present
Byl--present
Callahan--present
Cassis--present
Cherry--present
Ciaramitaro--present
Crissman--present
Cropsey--present
Curtis--present
Dalman--present
DeHart--present
DeVuyst--present
Dobb--present
Dobronski--present
Emerson--present
Fitzgerald--present
Frank--present
Freeman--present
Gagliardi--present
Galloway--present
Geiger--present
Gernaat--present
Gilmer--present
Gire--present
Godchaux--present
Goschka--present
Green--present
Griffin--present
Gubow--present
Gustafson--present
Hale--present
Hammerstrom--present
Hanley--present
Harder--present
Hertel--present
Hood--present
Horton--present
Jansen--present
Jaye--present
Jelinek--present
Jellema--present
Johnson--present
Kaza--present
Kelly--present
Kilpatrick--present
Kukuk--present
LaForge--present
Law--present
Leland--present
LeTarte--present
Llewellyn--present
London--present
Lowe--present
Mans--present
Martinez--present
Mathieu--present
McBryde--present
McManus--present
McNutt--present
Middaugh--present
Middleton--present
Murphy--present
Nye--present
Olshove--present
Owen--present
Oxender--present
Palamara--present
Parks--present
Perricone--present
Price--present
Profit--present
Prusi--present
Quarles--present
Raczkowski--present
Rhead--present
Richner--present
Rison--present
Rocca--present
Schauer--present
Schermesser--present
Schroer--present
Scott--present
Scranton--present
Sikkema--present
Stallworth--present
Tesanovich--present
Thomas--present
Varga--present
Vaughn--present
Voorhees--present
Walberg--present
Wallace--present
Wetters--present
Whyman--present
Willard--present
Wojno--present
e/d/s = entered during session
Rep. James "Mick" Middaugh, from the 80th District, offered the following invocation:
"Lord, As we gather today in the Michigan House of Representatives as elected representatives of the people, let us be ever mindful of the reason we are here and that is to carry out Your will. In Your name we pray, Amen."
______
The Speaker called the Associate Speaker Pro Tempore to the Chair.
Rep. Cherry moved that Rep. Schauer be excused temporarily from today's session.
The motion prevailed.
Reports of Standing Committees
The Speaker laid before the House
House Resolution No. 17.
A resolution to memorialize the Congress of the United States to enact legislation to authorize states to regulate the flow of solid waste from other states or another country.
(For text of resolution, see House Journal No. 15, p. 233.)
(The resolution was reported by the Committee on Conservation, Environment and Recreation on March 19, consideration of which was postponed until March 20 under the rules.)
The question being on the adoption of the resolution,
Rep. Brater demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the resolution,
The resolution was adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 170 Yeas--107
Agee Fitzgerald Kaza Price
Alley Frank Kelly Profit
Anthony Freeman Kilpatrick Prusi
Baade Gagliardi Kukuk Quarles
Bankes Galloway LaForge Raczkowski
Birkholz Geiger Law Rhead
Bobier Gernaat Leland Richner
Bodem Gilmer LeTarte Rison
Bogardus Gire Llewellyn Rocca
Brackenridge Godchaux London Schermesser
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 Walberg
Dalman Horton Olshove Wallace
DeHart Jansen Owen Wetters
DeVuyst Jaye Oxender Whyman
Dobb Jelinek Palamara Willard
Dobronski Jellema Parks Wojno
Emerson Johnson Perricone
Nays--0
In The Chair: Gire
Reps. Anthony, Birkholz, Bodem, Brewer, Brown, Cassis, DeVuyst, Dobb, Dobronski, Frank, Geiger, Gernaat, Gubow, Hammerstrom, Hanley, Jansen, Jaye, Johnson, Kilpatrick, Law, McBryde, Middleton, Murphy, Price, Quarles, Rhead, Richner, Rocca, Schermesser, Vaughn, Voorhees, Wallace, Whyman and Wojno were named co-sponsors of the resolution.
The Speaker laid before the House
House Resolution No. 30.
A resolution to urge the Civil Service Commission to reject the proposed change to Civil Service rules that would exempt from review personal service contracts of less than $500,000.
(For text of resolution, see House Journal No. 27, p. 517.)
(The concurrent resolution was reported by the Committee on House Oversight and Ethics on April 15, consideration of which was postponed until today under the rules.)
The question being on the adoption of the resolution,
Rep. Cherry moved to amend the resolution as follows:
1. Amend the second Whereas clause, line 3, after "to" by striking out "exempt" and inserting "allow state departments to self-approve personal service contracts under $500,000 or $2 million for the life of the contract, essentially exempting".
2. Amend the resolution, following the second Whereas clause, by inserting:
"Whereas, The Civil Service Commission is also considering a proposal that would eliminate personal service contracts from any Commission review if those services were in a "mixed" contract, including disbursements for nonservices; and".
The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.
The question being on the adoption of the resolution,
Rep. Cherry demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the resolution,
After debate,
Rep. Griffin demanded the previous question.
The demand was supported.
The question being, "Shall the main question now be put?"
The previous question was ordered.
The question being on the adoption of the resolution,
The resolution was adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 171 Yeas--62
Agee Freeman LaForge Rison
Alley Gagliardi Leland Rocca
Anthony Gire Lowe Schauer
Baade Goschka Mans Schermesser
Baird Green Martinez Schroer
Bogardus Griffin Mathieu Scott
Brater Gubow Murphy Stallworth
Brewer Hale Olshove Tesanovich
Brown Hanley Owen Thomas
Callahan Harder Palamara Varga
Cherry Hertel Parks Vaughn
Ciaramitaro Hood Price Wallace
Curtis Jaye Profit Wetters
DeHart Kaza Prusi Willard
Dobronski Kelly Quarles Wojno
Frank Kilpatrick
Nays--45
Bankes Fitzgerald Johnson Nye
Birkholz Galloway Kukuk Oxender
Bobier Geiger Law Perricone
Bodem Gernaat LeTarte Raczkowski
Brackenridge Gilmer Llewellyn Rhead
Byl Godchaux London Richner
Cassis Gustafson McBryde Scranton
Crissman Hammerstrom McManus Sikkema
Cropsey Horton McNutt Voorhees
Dalman Jansen Middaugh Walberg
DeVuyst Jellema Middleton Whyman
Dobb
In The Chair: Gire
The Speaker laid before the House
House Concurrent Resolution No. 32.
A concurrent resolution to urge the Civil Service Commission to reject the proposed change to Civil Service rules that would exempt from review personal service contracts of less than $500,000.
(For text of resolution, see House Journal No. 27, p. 518.)
(The concurrent resolution was reported by the Committee on House Oversight and Ethics on April 15, consideration of which was postponed until today under the rules.)
The question being on the adoption of the concurrent resolution,
Rep. Cherry moved to amend the concurrent resolution as follows:
1. Amend the second Whereas clause, line 3, after "to" by striking out "exempt" and inserting "allow state departments to self-approve personal service contracts under $500,000 or $2 million for the life of the contract, essentially exempting".
2. Amend the resolution, following the second Whereas clause by inserting:
"Whereas, The Civil Service Commission is also considering a proposal that would eliminate personal service contracts from any Commission review if those services were in a "mixed" contract, including disbursements for nonservices; and".
The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.
The question being on the adoption of the concurrent resolution,
The concurrent resolution was adopted.
The Speaker laid before the House
Senate Concurrent Resolution No. 28.
A concurrent resolution to dissolve the K.I. Sawyer Base Conversion Authority.
(For text of resolution, see House Journal No. 26, p. 496.)
(The concurrent resolution was reported by the Committee on House Oversight and Ethics on April 15, consideration of which was postponed until today under the rules.)
The question being on the adoption of the concurrent resolution,
The concurrent resolution was adopted.
The Speaker laid before the House
House Resolution No. 26.
A resolution to memorialize the Congress of the United States to enact legislation to prohibit the hiring of replacement workers as an alternative to negotiations and settlements of labor disputes.
(For text of resolution, see House Journal No. 21, p. 361.)
(For amendments, see House Journal No. 29, p. 554.)
(The resolution was reported by the Committee on Labor and Occupational Safety on April 15 with amendments, consideration of which was postponed until today under the rules.)
The question being on the adoption of the proposed amendments recommended by the Committee,
The amendments were adopted.
The question being on the adoption of the resolution,
Rep. Gustafson moved to amend the resolution as follows:
1. Amend the second Resolving clause, line 1, after "resolution" by inserting "and the roll call on its adoption".
The question being on the adoption of the amendment offered by Rep. Gustafson,
Rep. Gustafson demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Gustafson,
The amendment was adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 172 Yeas--72
Baade Dobb Jaye Owen
Bankes Dobronski Jelinek Oxender
Birkholz Fitzgerald Jellema Palamara
Bobier Frank Johnson Perricone
Bodem Gagliardi Kaza Profit
Bogardus Galloway Kukuk Raczkowski
Brackenridge Geiger Law Rhead
Brater Gernaat LeTarte Richner
Brewer Gilmer Llewellyn Rocca
Brown Godchaux London Schauer
Byl Goschka Lowe Scranton
Callahan Green McBryde Sikkema
Cassis Griffin McManus Tesanovich
Crissman Gustafson McNutt Voorhees
Cropsey Hammerstrom Middaugh Walberg
Curtis Harder Middleton Wetters
Dalman Horton Nye Whyman
DeVuyst Jansen Olshove Wojno
Nays--35
Agee Gubow Martinez Schroer
Anthony Hale Mathieu Scott
Baird Hanley Murphy Stallworth
Cherry Hertel Parks Thomas
Ciaramitaro Hood Price Varga
DeHart Kelly Prusi Vaughn
Emerson Kilpatrick Quarles Wallace
Freeman LaForge Rison Willard
Gire Leland Schermesser
In The Chair: Gire
The question being on the adoption of the resolution,
The resolution was adopted.
Second Reading of Bills
House Bill No. 4515, entitled
A bill to amend 1953 PA 232, entitled "An act to revise, consolidate, and codify the laws relating to probationers and probation officers, to pardons, reprieves, commutations, and paroles, to the administration of correctional institutions, correctional farms, and probation recovery camps, to prisoner labor and correctional industries, and to the supervision and inspection of local jails and houses of correction; to provide for the siting of correctional facilities; to create a state department of corrections, and to prescribe its powers and duties; to provide for the transfer to and vesting in said department of powers and duties vested by law in certain other state boards, commissions, and officers, and to abolish certain boards, commissions, and offices the powers and duties of which are transferred by this act; to prescribe the powers and duties of certain other state departments and agencies; to provide for the creation of a local lockup advisory board; to prescribe penalties for the violation of the provisions of this act; to make certain appropriations; to repeal certain parts of this act on specific dates; and to repeal all acts and parts of acts inconsistent with the provisions of this act," by amending section 33 (MCL 791.233), as amended by 1994 PA 217.
Was read a second time, and the question being on the adoption of the proposed amendment previously recommended by the Committee on Corrections (for amendment see House Journal No. 25, p. 474),
The amendment was adopted, a majority of the members serving voting therefor.
Rep. Freeman moved to amend the bill as follows:
1. Amend page 3, line 17, by striking out "THE DEPARTMENT OF CORRECTIONS MAY" and inserting "THE DIRECTOR OF THE DEPARTMENT MAY WAIVE THE RESTRICTION IMPOSED BY THIS SUBDIVISION AS TO ANY PRISONER WHO IS OVER THE AGE OF 65 OR WHO WAS GAINFULLY EMPLOYED IMMEDIATELY BEFORE COMMITTING THE CRIME FOR WHICH HE OR SHE WAS INCARCERATED. THE DEPARTMENT OF CORRECTIONS MAY ALSO".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Freeman 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. 4515, entitled
A bill to amend 1953 PA 232, entitled "An act to revise, consolidate, and codify the laws relating to probationers and probation officers, to pardons, reprieves, commutations, and paroles, to the administration of correctional institutions, correctional farms, and probation recovery camps, to prisoner labor and correctional industries, and to the supervision and inspection of local jails and houses of correction; to provide for the siting of correctional facilities; to create a state department of corrections, and to prescribe its powers and duties; to provide for the transfer to and vesting in said department of powers and duties vested by law in certain other state boards, commissions, and officers, and to abolish certain boards, commissions, and offices the powers and duties of which are transferred by this act; to prescribe the powers and duties of certain other state departments and agencies; to provide for the creation of a local lockup advisory board; to prescribe penalties for the violation of the provisions of this act; to make certain appropriations; to repeal certain parts of this act on specific dates; and to repeal all acts and parts of acts inconsistent with the provisions of this act," by amending section 33 (MCL 791.233), as amended by 1994 PA 217.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 173 Yeas--106
Agee Fitzgerald Kelly Price
Anthony Frank Kilpatrick Profit
Baade Freeman Kukuk Prusi
Baird Gagliardi LaForge Quarles
Bankes Galloway Law Raczkowski
Birkholz Geiger Leland Rhead
Bobier Gernaat LeTarte Richner
Bodem Gilmer Llewellyn Rison
Bogardus Gire London Rocca
Brackenridge Godchaux Lowe Schauer
Brater Goschka Mans Schermesser
Brewer Green Martinez Scott
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 Walberg
Dalman Horton Owen Wallace
DeHart Jansen Oxender Wetters
DeVuyst Jaye Palamara Whyman
Dobb Jelinek Parks Willard
Dobronski Jellema Perricone Wojno
Emerson Johnson
Nays--2
Kaza Schroer
In The Chair: Gire
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. 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:
There are actions, and there are consequences to actions.
America has moved away from the concept of individual responsibility. Individuals should be held responsible for their actions. If an individual commits a crime they must be held accountable for their actions.
Taxpayers should not be obligated to provide an education for an individual simply because they are incarcerated. Incarceration should not be an excuse for a taxpayer-subsidized education.
I reject the notion that lack of an education leads an individual to commit crime. There are plenty of criminals behind prison walls with high school diplomas and college degrees. There are also many law-abiding citizens who do not have these educational qualifications.
We need to return to the concept that individuals should be held responsible for their actions."
Second Reading of Bills
House Bill No. 4403, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 328 (MCL 257.328), as amended by 1995 PA 287.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Judiciary,
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 5, line 19, by striking out "328 or".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Richner moved to amend the bill as follows:
1. Amend page 3, line 8, after "UNIT" by inserting "OR TO THE GENERAL FUND OF THE CITY FUNDING A MUNICIPAL COURT".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Wallace moved to amend the bill as follows:
1. Amend page 9, following line 20, by inserting:
"Enacting section 1. This amendatory act shall apply to all violations occurring on or after July 1, 1997.".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Wallace 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. 4404, entitled
A bill to amend 1982 PA 295, entitled "Support and parenting time enforcement act," by amending sections 33, 35, and 39 (MCL 552.633, 552.635, and 552.639), sections 33 and 35 as amended by 1996 PA 336.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Judiciary,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Wallace moved to amend the bill as follows:
1. Amend page 5, following line 16, by inserting:
"Enacting section 1. This amendatory act takes effect July 1, 1997.".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Wallace 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. 4523, entitled
A bill to amend 1931 PA 328, entitled "The Michigan penal code," (MCL 750.1 to 750.568) by adding section 160a.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Tourism,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Gagliardi moved to amend the bill as follows:
1. Amend page 2, following line 22, by inserting:
"Enacting section 1. This amendatory act takes effect October 1, 1997.".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
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. 4523, entitled
A bill to amend 1931 PA 328, entitled "The Michigan penal code," (MCL 750.1 to 750.568) by adding section 160a.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 174 Yeas--105
Agee Emerson Kaza Profit
Alley Fitzgerald Kelly Prusi
Anthony Frank Kilpatrick Quarles
Baade Freeman Kukuk Raczkowski
Baird Gagliardi LaForge Rhead
Bankes Galloway Law Richner
Birkholz Geiger Leland Rison
Bobier Gernaat LeTarte Rocca
Bodem Gilmer Llewellyn Schauer
Bogardus Gire London Schermesser
Brackenridge Godchaux Lowe Schroer
Brater Goschka Mans Scott
Brewer Green Martinez Scranton
Brown Griffin Mathieu Sikkema
Byl Gubow McBryde Stallworth
Callahan Gustafson McManus Tesanovich
Cassis Hale McNutt Thomas
Cherry Hanley Middaugh Varga
Ciaramitaro Harder Middleton Vaughn
Crissman Hood Murphy Voorhees
Cropsey Horton Nye Walberg
Curtis Jansen Oxender Wallace
Dalman Jaye Palamara Wetters
DeHart Jelinek Parks Whyman
DeVuyst Jellema Perricone Willard
Dobb Johnson Price Wojno
Dobronski
Nays--0
In The Chair: Gire
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.
By unanimous consent the House returned to the order of
Reports of Standing Committees
The Speaker laid before the House
House Resolution No. 28.
A resolution to express support for the Detroit newspaper strikers in their attempt to return to work to end the strike and to urge Gannett and Knight-Ridder to accept their unconditional offer to return.
(For text of resolution, see House Journal No. 22, p. 382.)
(The resolution was reported by the Committee on Labor and Occupational Safety on April 15, consideration of which was postponed until today under the rules.)
The question being on the adoption of the resolution,
Rep. Raczkowski moved to amend the resolution as follows:
1. Amend the resolution, following the sixth Whereas clause, by inserting:
"Whereas, There has been numerous and unnecessary acts of violence during this labor dispute that have threatened the lives and property of innocent victims; and".
The question being on the adoption of the amendment offered by Rep. Raczkowski,
Rep. Raczkowski demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Raczkowski,
The amendment was adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 175 Yeas--106
Alley Freeman Kilpatrick Profit
Anthony Gagliardi Kukuk Prusi
Baade Galloway LaForge Quarles
Baird Geiger Law Raczkowski
Bankes Gernaat Leland Rhead
Birkholz Gilmer LeTarte Richner
Bobier Gire Llewellyn Rison
Bodem Godchaux London Rocca
Bogardus Goschka Lowe Schauer
Brackenridge Green Mans Schermesser
Brater Griffin Martinez Schroer
Brewer Gubow Mathieu Scott
Brown Gustafson McBryde Scranton
Byl Hale McManus Sikkema
Callahan Hammerstrom McNutt Stallworth
Cassis Hanley Middaugh Tesanovich
Cherry Harder Middleton Thomas
Crissman Hertel Murphy Varga
Cropsey Hood Nye Vaughn
Dalman Horton Olshove Voorhees
DeHart Jansen Owen Walberg
DeVuyst Jaye Oxender Wallace
Dobb Jelinek Palamara Wetters
Dobronski Jellema Parks Whyman
Emerson Johnson Perricone Willard
Fitzgerald Kaza Price Wojno
Frank Kelly
Nays--0
In The Chair: Gire
Rep. Richner moved to amend the resolution as follows:
1. Amend the resolution, by striking out all of the first and second Resolving clauses, and inserting:
"Resolved, That we call upon both strikers and the Detroit newspapers to reach agreement of this dispute forthwith; and be it further".
The question being on the adoption of the amendment offered by Rep. Richner,
Rep. Richner demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Richner,
The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 176 Yeas--49
Bankes Galloway Jellema Middleton
Birkholz Geiger Johnson Nye
Bobier Gernaat Kukuk Oxender
Bodem Gilmer Law Perricone
Brackenridge Godchaux LeTarte Raczkowski
Byl Green Llewellyn Rhead
Cassis Gustafson London Richner
Crissman Hammerstrom Lowe Scranton
Cropsey Horton McBryde Sikkema
Dalman Jansen McManus Voorhees
DeVuyst Jaye McNutt Walberg
Dobb Jelinek Middaugh Whyman
Fitzgerald
Nays--57
Agee Freeman Leland Rocca
Anthony Gagliardi Mans Schauer
Baade Gire Martinez Schermesser
Baird Goschka Mathieu Schroer
Bogardus Gubow Murphy Scott
Brater Hale Olshove Stallworth
Brewer Hanley Owen Tesanovich
Brown Harder Palamara Thomas
Callahan Hertel Parks Varga
Cherry Hood Price Vaughn
Ciaramitaro Kaza Profit Wallace
Curtis Kelly Prusi Wetters
DeHart Kilpatrick Quarles Willard
Dobronski LaForge Rison Wojno
Frank
In The Chair: Gire
Rep. Richner moved to amend the resolution as follows:
1. Amend the resolution, by striking out all of the sixth Whereas clause, and inserting:
"Whereas, Both labor and management have appealed to the national labor relations board to decide if unfair labor practices have been employed by either side in this dispute; and".
The question being on the adoption of the amendment offered by Rep. Richner,
Rep. Richner demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Richner,
The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 177 Yeas--49
Bankes Galloway Jellema Middleton
Birkholz Geiger Johnson Nye
Bobier Gernaat Kukuk Oxender
Bodem Gilmer Law Perricone
Brackenridge Godchaux LeTarte Raczkowski
Byl Green Llewellyn Rhead
Cassis Gustafson London Richner
Crissman Hammerstrom Lowe Scranton
Cropsey Horton McBryde Sikkema
Dalman Jansen McManus Voorhees
DeVuyst Jaye McNutt Walberg
Dobb Jelinek Middaugh Whyman
Fitzgerald
Nays--56
Agee Frank LaForge Rison
Anthony Freeman Leland Rocca
Baade Gagliardi Mans Schauer
Baird Gire Martinez Schermesser
Bogardus Goschka Mathieu Scott
Brater Gubow Murphy Stallworth
Brewer Hale Olshove Tesanovich
Brown Hanley Owen Thomas
Callahan Harder Palamara Varga
Cherry Hertel Parks Vaughn
Curtis Hood Price Wallace
DeHart Kaza Profit Wetters
Dobronski Kelly Prusi Willard
Emerson Kilpatrick Quarles Wojno
In The Chair: Gire
Rep. Richner moved to amend the resolution as follows:
1. Amend the first Resolving clause, line 2, after "our" by striking out "absolute and unequivocal".
The question being on the adoption of the amendment offered by Rep. Richner,
Rep. Richner demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Richner,
The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 178 Yeas--50
Bankes Galloway Johnson Nye
Birkholz Geiger Kukuk Oxender
Bobier Gernaat Law Perricone
Bodem Gilmer LeTarte Raczkowski
Brackenridge Godchaux Llewellyn Rhead
Byl Green London Richner
Cassis Gustafson Lowe Schroer
Crissman Hammerstrom McBryde Scranton
Cropsey Horton McManus Sikkema
Dalman Jansen McNutt Voorhees
DeVuyst Jaye Middaugh Walberg
Dobb Jelinek Middleton Whyman
Fitzgerald Jellema
Nays--57
Agee Frank LaForge Rison
Anthony Freeman Leland Rocca
Baade Gagliardi Mans Schauer
Baird Gire Martinez Schermesser
Bogardus Goschka Mathieu Scott
Brater Gubow Murphy Stallworth
Brewer Hale Olshove Tesanovich
Brown Hanley Owen Thomas
Callahan Harder Palamara Varga
Cherry Hertel Parks Vaughn
Ciaramitaro Hood Price Wallace
Curtis Kaza Profit Wetters
DeHart Kelly Prusi Willard
Dobronski Kilpatrick Quarles Wojno
Emerson
In The Chair: Gire
Rep. Richner moved to amend the resolution as follows:
1. Amend the second Whereas clause, line 1, after "Whereas," by striking out "The quality of the information disseminated to the state of Michigan and the" and inserting "The".
The question being on the adoption of the amendment offered by Rep. Richner,
Rep. Richner demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Richner,
After debate,
Rep. Gagliardi demanded the previous question.
The demand was supported.
The question being, "Shall the main question now be put?"
The previous question was ordered.
The question being on the adoption of the amendment offered by Rep Richner,
The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 179 Yeas--49
Bankes Galloway Jellema Middleton
Birkholz Geiger Johnson Nye
Bobier Gernaat Kukuk Oxender
Bodem Gilmer Law Perricone
Brackenridge Godchaux LeTarte Raczkowski
Byl Green Llewellyn Rhead
Cassis Gustafson London Richner
Crissman Hammerstrom Lowe Scranton
Cropsey Horton McBryde Sikkema
Dalman Jansen McManus Voorhees
DeVuyst Jaye McNutt Walberg
Dobb Jelinek Middaugh Whyman
Fitzgerald
Nays--58
Agee Frank Leland Rocca
Anthony Freeman Mans Schauer
Baade Gagliardi Martinez Schermesser
Baird Gire Mathieu Schroer
Bogardus Goschka Murphy Scott
Brater Gubow Olshove Stallworth
Brewer Hale Owen Tesanovich
Brown Hanley Palamara Thomas
Callahan Harder Parks Varga
Cherry Hertel Price Vaughn
Ciaramitaro Hood Profit Wallace
Curtis Kaza Prusi Wetters
DeHart Kelly Quarles Willard
Dobronski Kilpatrick Rison Wojno
Emerson LaForge
In The Chair: Gire
The question being on the adoption of the resolution,
Rep. Schermesser demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the resolution,
After debate,
Rep. Gagliardi demanded the previous question.
The demand was supported.
The question being, "Shall the main question now be put?"
The previous question was ordered.
The question being on the adoption of the resolution,
The resolution was adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 180 Yeas--59
Agee Frank LaForge Rocca
Anthony Freeman Leland Schauer
Baade Gagliardi Mans Schermesser
Baird Gire Martinez Schroer
Bogardus Goschka Mathieu Scott
Brater Green Murphy Stallworth
Brewer Gubow Olshove Tesanovich
Brown Hale Owen Thomas
Callahan Hanley Palamara Varga
Cherry Harder Parks Vaughn
Ciaramitaro Hertel Price Wallace
Curtis Hood Profit Wetters
DeHart Kaza Prusi Willard
Dobronski Kelly Quarles Wojno
Emerson Kilpatrick Rison
Nays--47
Bankes Fitzgerald Jellema Nye
Birkholz Galloway Johnson Oxender
Bobier Geiger Kukuk Perricone
Bodem Gernaat LeTarte Raczkowski
Brackenridge Gilmer Llewellyn Rhead
Byl Godchaux London Richner
Cassis Gustafson Lowe Scranton
Crissman Hammerstrom McBryde Sikkema
Cropsey Horton McManus Voorhees
Dalman Jansen McNutt Walberg
DeVuyst Jaye Middaugh Whyman
Dobb Jelinek Middleton
In The Chair: Gire
______
Rep. Jelinek moved that his name be removed as a sponsor of House Resolution No. 28.
The motion prevailed.
Reps. Curtis, Emerson, Frank, Gire, Harder, Rocca and Stallworth were named co-sponsors of the resolution.
______
Rep. Jaye, having reserved the right to explain his nay vote, made the following statement:
"Mr. Speaker and members of the House:
The oldest rule of politics is: "Never pick a fight with the flag, angels or people who buy ink by the gallon."
On a public policy note, the Legislature is inappropriately injecting itself in a private dispute between a private firm and private union. This is socialism."
Rep. Kukuk, having reserved the right to explain his nay vote, made the following statement:
"Mr. Speaker and members of the House:
I voted 'No' on this resolution because I believe the legislature should not politicize a labor law issue that is being considered by the courts. This issue is before the labor courts, where it should be resolved in accordance with labor law. The Legislative Branch should not interfere with the judicial process."
The Committee on Conservation, Environment and Recreation, by Rep. Alley, Chair, reported
House Bill No. 4514, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 80142 (MCL 324.80142), as amended by 1996 PA 174.
With the recommendation that the bill pass.
The bill was referred to the order of Second Reading of Bills.
Favorable Roll Call
HB 4514 To Report Out:
Yeas: Reps. Alley, Callahan, Anthony, Brater, Gire, Kilpatrick, LaForge, Mans, Schermesser, Wetters, Middaugh, Birkholz, Bodem, Byl, DeVuyst, McManus, McNutt, Walberg,
Nays: Rep. Brown.
The Committee on Conservation, Environment and Recreation, by Rep. Alley, Chair, reported
Senate Bill No. 140, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 3101 (MCL 324.3101) and by adding sections 3131, 3132, and 3133.
With the recommendation that the following amendments be adopted and that the bill then pass.
1. Amend page 1, following line 1, by inserting:
"(A) "DEPARTMENT" MEANS THE DEPARTMENT OF ENVIRONMENTAL QUALITY." and relettering the remaining subdivisions.
2. Amend page 7, line 4, after "ACCORDINGLY." by inserting "IF THE DEPARTMENT FAILS TO SATISFY THE REQUIREMENTS OF THIS SUBSECTION, THE ORDINANCE IS CONSIDERED TO BE APPROVED.".
The bill and amendments were referred to the order of Second Reading of Bills.
Favorable Roll Call
SB 140 To Report Out:
Yeas: Reps. Alley, Callahan, Anthony, Brown, Kilpatrick, LaForge, Mans, Wetters, Middaugh, Birkholz, Bodem, Byl, DeVuyst, McManus, McNutt, Walberg,
Nays: Reps. Brater, Schermesser.
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Alley, Chair of the Committee on Conservation, Environment and Recreation, was received and read:
Meeting held on: Wednesday, April 16, 1997, at 10:30 a.m.,
Present: Reps. Alley, Callahan, Anthony, Brater, Brown, Gire, Kilpatrick, LaForge, Mans, Schermesser, Wetters, Middaugh, Birkholz, Bodem, Byl, DeVuyst, McManus, McNutt, Walberg.
The Committee on Tax Policy, by Rep. Profit, Chair, reported
House Bill No. 4186, entitled
A bill to amend 1933 PA 167, entitled "General sales tax act," (MCL 205.51 to 205.78) by adding section 4p.
With the recommendation that the substitute (H-4) 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 4186 To Report Out:
Yeas: Reps. Profit, Palamara, Wallace, Perricone, Brackenridge, Cassis, Dobb, Goschka, Middleton, Whyman,
Nays: None.
The Committee on Tax Policy, by Rep. Profit, Chair, reported
House Bill No. 4414, entitled
A bill to amend 1933 PA 167, entitled "General sales tax act," (MCL 205.51 to 205.78) by adding section 4p.
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 4414 To Report Out:
Yeas: Reps. Profit, Quarles, Freeman, Hanley, Palamara, Wallace, Wojno, Perricone, Cassis, Dobb, Goschka, Middleton, Whyman,
Nays: Reps. Wetters, Brackenridge.
The Committee on Tax Policy, by Rep. Profit, Chair, reported
House Bill No. 4472, entitled
A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 47 (MCL 211.47), as amended by 1994 PA 253.
With the recommendation that the substitute (H-4) 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 4472 To Report Out:
Yeas: Reps. Profit, Quarles, Agee, Freeman, Hanley, Palamara, Wallace, Wetters, Wojno, Cassis,
Nays: Reps. Goschka, Middleton.
The Committee on Tax Policy, by Rep. Profit, Chair, reported
House Bill No. 4586, entitled
A bill to amend 1937 PA 94, entitled "Use tax act," (MCL 205.91 to 205.111) by adding section 4m.
With the recommendation that the substitute (H-3) be adopted and that the bill then pass.
The bill and substitute were referred to the order of Second Reading of Bills.
Favorable Roll Call
HB 4586 To Report Out:
Yeas: Reps. Profit, Gubow, Hanley, Palamara, Wallace, Wojno, Perricone, Brackenridge, Cassis, Dobb, Goschka, Middleton, Whyman,
Nays: None.
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Profit, Chair of the Committee on Tax Policy, was received and read:
Meeting held on: Wednesday, April 16, 1997, at 9:00 a.m.,
Present: Reps. Profit, Quarles, Agee, Freeman, Gubow, Hanley, Palamara, Wallace, Wetters, Wojno, Perricone, Brackenridge, Cassis, Dobb, Goschka, Middleton, Whyman.
The Committee on Health Policy, by Rep. Palamara, Chair, reported
House Bill No. 4230, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 5131, 5205, and 5207 (MCL 333.5131, 333.5205, and 333.5207), section 5131 as amended by 1994 PA 200 and sections 5205 and 5207 as added by 1988 PA 490, and by adding section 5204.
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 4230 To Report Out:
Yeas: Reps. Palamara, Schauer, Gire, Griffin, Gubow, Leland, Profit, Thomas, Hammerstrom, Crissman, Law, Llewellyn, Raczkowski, Scranton,
Nays: None.
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Palamara, Chair of the Committee on Health Policy, was received and read:
Meeting held on: Tuesday, April 15, 1997, at 10:30 a.m.,
Present: Reps. Palamara, Schauer, Gire, Griffin, Gubow, Leland, Murphy, Profit, Thomas, Hammerstrom, Crissman, Law, Llewellyn, Raczkowski, Scranton,
Absent: Reps. Wojno, Rocca,
Excused: Reps. Wojno, Rocca.
The Committee on Education, by Rep. Gire, Chair, reported
House Bill No. 4443, entitled
A bill to amend 1976 PA 451, entitled "The revised school code," (MCL 380.1 to 380.1852) by adding section 1306.
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 4443 To Report Out:
Yeas: Reps. Gire, Bogardus, Agee, Brown, Cherry, Kilpatrick, LaForge, Schauer, Scott,
Nays: Reps. Dalman, Crissman, Jelinek, LeTarte, McNutt, Middleton.
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Gire, Chair of the Committee on Education, was received and read:
Meeting held on: Wednesday, April 16, 1997, at 12:00 Noon,
Present: Reps. Gire, Bogardus, Agee, Brown, Cherry, Kilpatrick, LaForge, Schauer, Scott, Dalman, Crissman, Cropsey, Jelinek, LeTarte, McNutt, Middleton,
Absent: Rep. Curtis,
Excused: Rep. Curtis.
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Olshove, Chair of the Committee on Public Utilities, was received and read:
Meeting held on: Tuesday, April 15, 1997, at 4:40 p.m.,
Present: Reps. Olshove, Thomas, Baade, Griffin, Hanley, Dobb, Cassis, Galloway, Gustafson, Kukuk, LeTarte, Middaugh, Raczkowski, Whyman,
Absent: Reps. Alley, Dobronski, Gubow, Leland, Murphy, Profit, Wetters,
Excused: Reps. Alley, Dobronski, Gubow, Leland, Murphy, Profit, Wetters.
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Baade, Chair of the Committee on Tourism, was received and read:
Meeting held on: Wednesday, April 16, 1997, at 9:00 a.m.,
Present: Reps. Baade, Brewer, Vaughn, Wetters, Bodem, Brackenridge, Horton, Lowe,
Absent: Rep. Willard,
Excused: Rep. Willard.
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Baird, Chair of the Committee on Mental Health, was received and read:
Meeting held on: Wednesday, April 16, 1997, at 12:00 Noon,
Present: Reps. Baird, Brater, Gubow, LaForge, Scranton, Cassis,
Absent: Reps. Wallace, Green, Hammerstrom.
Announcement by the Clerk of Printing and Enrollment
The Clerk announced that the following bills had been printed and placed upon the files of the members, Friday, March 28:
Senate Bill Nos. 323 324 325 326 327 328 329 330 331 332 333 334 335 336 337 338 339 340
The Clerk announced that the following bills had been printed and placed upon the files of the members, Tuesday, April 1:
Senate Bill Nos. 341 342 343 344 345
The Clerk announced that the following Senate bill had been vetoed by the Governor:
Senate Bill No. 93 on April 1, 1997
The Clerk announced that the following Senate bill had been received on Wednesday, April 16:
Senate Bill No. 208
Communications from State Officers
The following communication from the Secretary of State was received and read:
March 31, 1997
Notice of Filing
Administrative Rules
In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6 this is to advise you that the Office of Regulatory Reform, Legal Division filed at 3:00 p.m. this date, administrative rule (97-3-6) for the Department of Community Health, Health Legislation and Policy Development, entitled "General Rules", effective 15 days hereafter.
Sincerely,
Candice S. Miller
Secretary of State
Helen Kruger, Supervisor
Office of the Great Seal
The communication was referred to the Clerk.
The following communication from the Calhoun Intermediate School District was received and read:
April 10, 1997
Enclosed are copies of the Program Year 1997 Job Training Plans for funding under the Job Training Partnership Act (JTPA), as developed by the Workforce Development Board and Chief Elected Officials of the Barry, Branch and Calhoun Michigan Works! service delivery area.
In accordance with the Americans with Disabilities Act (ADA), the information contained in this plan will be made available in alternative format (large type, audio tape, etc.) upon special request received by our office.
Comments regarding the plans are to be directed in writing to the Workforce Development Board and Chief Elected Officials, in care of the Calhoun Intermediate School District, 17111 "G" Drive North, Marshall, MI 49068. If you have any questions, please contact our Workforce Development Team at 616-789-2409.
Yours truly,
Roger T. LaBonte
Superintendent
The communication was referred to the Clerk.
Introduction of Bills
Reps. Galloway, Profit, Voorhees, Hammerstrom, Goschka, Horton, Green, Law, Walberg, Cropsey, Dobb, Middleton, Crissman, Godchaux, McBryde, McManus, Jansen, Rocca, Jellema, Kukuk, Baade, Curtis, Jelinek, Cassis, Fitzgerald, Palamara, Birkholz, LeTarte, Dalman, Hanley, Whyman, Oxender, Rhead, Richner, Mans, Anthony, Wojno, Freeman, London, Byl, Raczkowski, Geiger, Llewellyn, Griffin and Price introduced
House Bill No. 4637, entitled
A bill to amend 1981 PA 7, entitled "An act to prohibit without authorization the bringing into jails and other specified areas any alcoholic liquor, controlled substances, weapons, and certain other items; the selling or furnishing to prisoners, and the improper disposal of any alcoholic liquor, controlled substances, weapons, and certain other items; the possession or control by prisoners of any alcoholic liquor, controlled substances, weapons, and certain other items; to prescribe a penalty; and to repeal certain acts and parts of acts," by amending section 5 (MCL 801.265).
The bill was read a first time by its title and referred to the Committee on Judiciary.
Reps. Vaughn, Freeman, DeHart, Kelly, Scott, Wallace, Curtis, Baird, McBryde, Leland, Schauer, Hale, Goschka, Wetters, Thomas, Price, Jaye, Cropsey, London, Rison, Kilpatrick, Mans, Murphy, Richner and Voorhees introduced
House Bill No. 4638, entitled
A bill to designate October 30 as family day-family night day.
The bill was read a first time by its title and referred to the Committee on House Oversight and Ethics.
Reps. Profit and Agee introduced
House Bill No. 4639, entitled
A bill to amend the Initiated Law of 1996, entitled "Michigan gaming control and revenue act," (MCL 432.201 to 432.216) by adding section 12a.
The bill was read a first time by its title and referred to the Committee on Education.
Reps. Profit, Palamara and Griffin introduced
House Bill No. 4640, entitled
A bill to amend 1915 PA 312, entitled "An act to establish, protect and enforce by lien the rights of garage keepers who furnish labor or material for storing, repairing, maintaining, keeping or otherwise supplying automobiles or other vehicles," by amending sections 1, 2, and 3 (MCL 570.301, 570.302, and 570.303), sections 1 and 2 as amended by 1990 PA 58, and by adding sections 4, 5, 6, and 7; and to repeal acts and parts of acts.
The bill was read a first time by its title and referred to the Committee on Commerce.
Reps. Profit and Agee introduced
House Bill No. 4641, entitled
A bill to amend 1979 PA 94, entitled "The state school aid act of 1979," by amending section 31a (MCL 388.1631a), as amended by 1996 PA 300.
The bill was read a first time by its title and referred to the Committee on Appropriations.
Reps. Profit, Perricone, Cassis and Palamara introduced
House Bill No. 4642, entitled
A bill to amend 1933 PA 167, entitled "General sales tax act," by amending section 4a (MCL 205.54a), as amended by 1996 PA 435.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Reps. Perricone, Profit, Cassis and Palamara introduced
House Bill No. 4643, entitled
A bill to amend 1937 PA 94, entitled "Use tax act," by amending section 4 (MCL 205.94), as amended by 1996 PA 436.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Reps. Law, Gire, Leland, Griffin, Bodem and Hammerstrom introduced
House Bill No. 4644, entitled
A bill to amend 1846 RS 1, entitled "Of the statutes," by amending section 3 (MCL 8.3) and by adding section 3x.
The bill was read a first time by its title and referred to the Committee on Health Policy.
______
Rep. Gernaat moved that the House adjourn.
The motion prevailed, the time being 5:10 p.m.
The Associate Speaker Pro Tempore declared the House adjourned until Thursday, April 17, at 10:00 a.m.
MARY KAY SCULLION
Clerk of the House of Representatives.