The House was called to order by the Associate Speaker Pro Tempore.

 

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

 

 

Agee--present

Alley--present

Anthony--present

Baade--present

Baird--present

Bankes--present

Basham--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--excused

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--excused

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

 

 

 

 

 

 

 

 

 

 

 

Was read a second time, and the question being on the adoption of the proposed amendment previously recommended by the Committee on Labor and Occupational Safety (for amendment, see House Journal No. 29, p. 554),

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

 

 

 

 

The Speaker assumed the Chair.

 

Rep. Kilpatrick moved that Rep. Quarles be excused temporarily from today's session.

The motion prevailed.

 

Rep. Rhead moved to amend the bill as follows:

1. Amend page 3, following line 6, by inserting:

"(iv) HAS NOT PARTICIPATED IN AN ILLEGAL STRIKE AGAINST THE EMPLOYER.".

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

Rep. Rhead demanded the yeas and nays.

The demand was supported.

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

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

 

 

Roll Call No. 608 Yeas--50

 

 

Fitzgerald Jellema

 

 

Nays--53

 

 

DeHart

 

 

In The Chair: Hertel

 

 

 

 

Rep. Goschka, having reserved the right to explain his nay vote, made the following statement:

"Mr. Speaker and members of the House:

I voted against this amendment because while I strongly oppose anything that is illegal, the charge of being involved in an 'illegal' strike, with no actual conviction, is simply a charge only. A conviction is needed for such a charge, or an employer can eventually fire anyone he or she wishes. The employee needs protection from simple charges.

I will vote for the Rhead amendment which speaks of such a charge, because it states that a person must have been convicted "as determined by the National Labor Relations Board." This second amendment gives such a charge some teeth, but a charge by itself, without some authority authenticating that charge, cannot stand alone."

 

 

 

 

The Speaker called the Speaker Pro Tempore to the Chair.

 

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

The motion prevailed.

 

 

The House returned to the consideration of

House Bill No. 4518, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 658 (MCL 257.658), as amended by 1984 PA 328.

(The bill was considered earlier today, see today's Journal, p. 1436.)

Rep. Gubow moved to amend the bill as follows:

1. Amend page 2, line 7, after "907" by inserting "FOR A VIOLATION OF SECTION 658(5)".

2. Amend page 4, line 14, after "(3)" by striking out "EXCEPT AS PROVIDED IN SECTION 605, IF" and inserting "If".

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

Rep. Gubow moved to amend the bill as follows:

1. Amend page 2, line 26, after "571.218" by striking out the balance of the sentence and inserting a period.

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

Rep. Gubow moved to amend the bill as follows:

1. Amend page 2, line 19, after "shall" by striking out the balance of the sentence and inserting "be approved by the department of state police. The department of state police shall promulgate rules for the implementation of this section pursuant to the administrative procedures act of 1969, Act No. 306 of the Public Acts of 1969, being sections 24.201 to 24.315 of the Michigan Compiled Laws 1969 PA 306, MCL 24.201 TO 24.328. Rules in effect on June 1, 1970, shall apply to helmets required by this act.".

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

Rep. Nye moved to amend the bill as follows:

1. Amend page 2, line 6, after "SANCTION" by striking out "OTHER THAN" and inserting "THAT DO NOT EXCEED".

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

Rep. Gubow 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. Gagliardi moved that Reps. Hertel, Hood and Mathieu be excused temporarily from today's session.

The motion prevailed.

 

Rep. Bogardus moved that Reps. Cherry and Freeman be excused temporarily from today's session.

The motion prevailed.

 

By unanimous consent the House returned to the order of

 

 

House Bill No. 4518, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 658 (MCL 257.658), as amended by 1984 PA 328.

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

 

 

Roll Call No. 609 Yeas--67

 

 

 

 

Nays--36

 

 

 

 

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 1949 PA 300, entitled "Michigan vehicle code," by amending sections 605, 658, and 907 (MCL 257.605, 257.658, and 257.907), section 658 as amended by 1984 PA 328 and section 907 as amended by 1995 PA 287.

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:

Safety for children is an important public policy objective. But I question whether this legislation is preferable to voluntary action by parents to protect their children from bicycle accidents.

The overwhelming majority of parents in Troy and Rochester Hills, the area I represent, are competent to manage their children's affairs. They should not be punished, as this legislation would, because a small minority have proven to be incompetent. By supporting this legislation, I would be suggesting parents in Troy and Rochester Hills are incompetent to protect their children.

The responsibility of parenting should be left to parents.

Voluntary action and friendly persuasion is preferable to this legislation.

If helmet law proponents believe individuals should wear helmets while operating bicycles they should use friendly persuasion to convince others of their cause.

This legislation does not follow that approach."

 

Rep. Goschka, 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 voted against House Bill 4518 because while I strongly support the voluntary use of crash helmets, I also believe that decision and responsibility for children rests with the parents. I certainly understand the concern of those who support this bill. I share that same concern. However, I do not want government to infringe on the responsibilities of parents in this matter."

 

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

"Mr. Speaker and members of the House:

This is one of the most ridiculuos pieces of legislation to come before the House. This bill takes the ridiculuos position that legislators care more for children than parents do. What's next? A bill to mandate "rubber baby buggy bumpers?" Try saying rubber baby buggy bumpers fast several times and you will soon learn how ridiculous this mandatory helmet law for babies is."

 

 

 

 

House Bill No. 4850, entitled

A bill to amend 1933 (Ex Sess) PA 8, entitled "The Michigan liquor control act," by amending section 4 (MCL 436.4).

The bill was read a second time.

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.

 

 

 

 

Rep. Gagliardi moved that Rep. Schroer be excused temporarily from today's session.

The motion prevailed.

By unanimous consent the House returned to the order of

 

 

House Bill No. 4850, entitled

A bill to amend 1933 (Ex Sess) PA 8, entitled "The Michigan liquor control act," by amending section 4 (MCL 436.4).

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

 

 

Roll Call No. 610 Yeas--100

 

 

 

 

Nays--4

 

 

Green Horton Middleton Stallworth

 

 

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.

 

 

 

 

The House returned to the consideration of

House Bill No. 4501, 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 16 (MCL 423.16).

(The bill was considered earlier today, see today's Journal, p. 1436.)

Rep. Rhead moved to amend the bill as follows:

1. Amend page 3, following line 6, by inserting:

"(iv) HAS NOT PARTICIPATED IN AN ILLEGAL STRIKE AGAINST THE EMPLOYER AS DETERMINED BY THE NATIONAL LABOR RELATIONS BOARD.".

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

Rep. Rhead demanded the yeas and nays.

The demand was supported.

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

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

 

 

Roll Call No. 611 Yeas--53

 

 

Fitzgerald

 

 

Nays--49

 

 

DeHart

 

 

In The Chair: Murphy

 

 

Rep. Rhead moved to amend the bill as follows:

1. Amend page 3, following line 6, by inserting:

"(iv) HAS NOT VIOLATED A COURT ORDER, LOCAL ORDINANCE, OR STATE LAW TO FURTHER HIS OR HER OWN, OR A BARGAINING UNIT'S, INTEREST IN THE THE LABOR DISPUTE.".

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

Rep. Rhead demanded the yeas and nays.

The demand was supported.

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

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

 

 

Roll Call No. 612 Yeas--54

 

 

Fitzgerald Jellema

 

 

Nays--51

 

 

 

 

In The Chair: Murphy

 

 

Rep. Llewellyn moved to amend the bill as follows:

1. Amend page 3, following line 6, by inserting:

"(iv) HAS NOT ASSAULTED OR ACTED TO INTIMIDATE AN INDIVIDUAL TO PREVENT THE DELIVERY OF A SERVICE OR A PRODUCT DURING THE LABOR DISPUTE.".

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

Rep. Llewellyn demanded the yeas and nays.

The demand was supported.

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

Rep. Goschka moved to amend the Llewellyn amendment as follows:

1. Amend the Llewellyn amendment, page 3, following line 6, subparagraph (iv), after "NOT" by striking out "ASSAULTED OR ACTED TO INTIMIDATE" and inserting "BEEN CONVICTED OF ASSAULTING".

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

Rep. Goschka demanded the yeas and nays.

The demand was supported.

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

After debate,

Rep. Harder 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. Goschka,

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

 

 

Roll Call No. 613 Yeas--50

 

 

Geiger Kaza

 

 

Nays--44

 

 

 

 

In The Chair: Murphy

 

 

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

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

 

 

Roll Call No. 614 Yeas--52

 

 

 

 

Nays--49

 

 

Curtis

 

 

In The Chair: Murphy

 

 

Rep. Llewellyn moved to amend the bill as follows:

1. Amend page 3, following line 6, by inserting:

"(iv) HAS NOT PHYSICALLY HARMED OR THREATENED TO PHYSICALLY HARM REPLACEMENT OR OTHER WORKERS DURING THE LABOR DISPUTE TO ADVANCE HIS OR HER OWN, OR A BARGAINING UNIT'S, INTEREST IN THE LABOR DISPUTE.".

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

Rep. Goschka moved to amend the Llewellyn amendment as follows:

1. Amend the Llewellyn amendment, page 3, following line 6, subparagraph (iv), after "NOT" by striking out the balance of the amendment and inserting "BEEN CONVICTED OF ASSAULTING ANYONE ON THE PREMISES OF A BUSINESS EXPERIENCING A STRIKE DURING THE LABOR DISPUTE.".

Rep. Goschka demanded the yeas and nays.

The demand was supported.

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

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

 

 

Roll Call No. 615 Yeas--50

 

 

Galloway Jellema

 

 

Nays--42

 

 

Ciaramitaro Leland

 

 

In The Chair: Murphy

 

 

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

The amendment was not adopted, a majority of the members serving not voting therefor.

Rep. Llewellyn moved to amend the bill as follows:

1. Amend page 3, following line 6, by inserting:

"(iv) HAS NOT DAMAGED, DESTROYED, DEFACED, OR DIMINISHED THE PROPERTY OF A BUSINESS OR AN INDIVIDUAL BECAUSE THAT BUSINESS OR INDIVIDUAL ELECTS TO ADVERTISE GOODS OR SERVICES OR PROVIDES GOODS OR SERVICES TO AN EMPLOYER INVOLVED IN THE LABOR DISPUTE.

(v) HAS NOT INTIMIDATED, THREATENED, OR ASSAULTED AN EMPLOYER OR INDIVIDUAL THAT ELECTS TO ADVERTISE GOODS OR SERVICES OR PROVIDE GOODS OR SERVICES FOR AN EMPLOYER INVOLVED IN THE LABOR DISPUTE.".

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

Rep. Goschka moved to amend the Llewellyn amendment as follows:

1. Amend the Llewellyn amendment, page 3, following line 6, subparagraph (iv), after "NOT" by striking out "DAMAGED, DESTROYED, DEFACED, OR DIMINISHED" and inserting "BEEN CONVICTED OF DAMAGING, DESTROYING, OR DEFACING".

2. Amend the Llewellyn amendment, page 3, following line 6, subparagraph (v), after "NOT" by striking out "INTIMIDATED, THREATENED, OR ASSAULTED" and inserting "BEEN CONVICTED OF ASSAULTING".

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

Rep. Goschka demanded the yeas and nays.

The demand was supported.

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

The amendments were adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:

 

 

 

 

 

 

Nays--42

 

 

Cherry Leland

 

 

In The Chair: Murphy

 

 

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

Rep. Llewellyn demanded the yeas and nays.

The demand was supported.

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

Rep. Gagliardi moved that consideration of the amendment be postponed temporarily.

The motion prevailed.

 

 

 

 

Rep. Curtis moved that Rep. Harder be excused temporarily from today's session.

The motion prevailed.

 

Rep. Kaza moved to amend the bill as follows:

1. Amend page 3, following line 6, by inserting:

"Enacting section 1. It is the intent of the legislature to allow private citizens to engage in secondary boycotts.".

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

Rep. Kaza demanded the yeas and nays.

The demand was supported.

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

The amendment was adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:

 

 

 

 

 

 

Nays--0

 

 

In The Chair: Murphy

 

 

Rep. Raczkowski moved to amend the bill as follows:

1. Amend page 3, following line 6, by inserting:

"(iv) HAS NOT DAMAGED PUBLIC PROPERTY OR PROPERTY OF THE EMPLOYER DURING THE LABOR DISPUTE.".

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

 

 

 

 

Galloway

Nays--47

 

 

 

 

In The Chair: Murphy

 

 

Rep. Raczkowski moved to amend the bill as follows:

1. Amend page 3, following line 6, by inserting:

"(iv) HAS NOT BEEN CONVICTED OF THREATENING OR STALKING AN EMPLOYER OR AN EMPLOYER'S FAMILY.".

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:

 

 

 

 

DeVuyst

Nays--1

 

 

Vaughn

 

 

In The Chair: Murphy

 

 

Reps. Goschka and McManus moved to amend the bill as follows:

1. Amend page 3, following line 6, following subparagraph (iv), by inserting:

"(H) USE RELIGION, RACE, SEX, COLOR, ETHNICITY, OR NATIONAL ORIGIN AS A CRITERION FOR EITHER DISCRIMINATING AGAINST OR GRANTING PREFERENTIAL TREATMENT TO 1 OR MORE INDIVIDUALS IN THE REHIRING OF STRIKING WORKERS.".

The question being on the adoption of the amendment offered by Reps. Goschka and McManus,

Rep. Goschka moved to amend the Goschka and McManus amendment as follows:

1. Amend the Goschka and McManus amendment, page 3, following line 6, subsection (H), after "THE" by striking out "REHIRING" and inserting "RETURN".

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

Rep. Goschka demanded the yeas and nays.

The demand was supported.

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

The amendment was adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:

 

 

 

 

 

 

Nays--2

 

 

Kilpatrick Rison

 

 

In The Chair: Murphy

Rep. Callahan moved that Rep. Brown be excused temporarily from today's session.

The motion prevailed.

 

The question being on the adoption of the amendment offered previously by Reps. Goschka and McManus,

Rep. Goschka demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendment offered previously by Reps. Goschka and McManus,

The amendment was adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:

 

 

 

 

 

 

Nays--10

 

 

Griffin Martinez

 

 

In The Chair: Murphy

 

 

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

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 previously by Rep. Llewellyn,

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

 

 

 

 

Nays--47

 

 

 

 

In The Chair: Murphy

 

 

Rep. Llewellyn moved to amend the bill as follows:

1. Amend page 3, following line 6, following subparagraph (iv), by inserting:

"(v) HAS NOT PHYSICALLY HARMED OR THREATENED TO PHYSICALLY HARM REPLACEMENT OR OTHER WORKERS DURING THE LABOR DISPUTE TO ADVANCE HIS OR HER OWN, OR A BARGAINING UNIT'S, INTEREST IN THE LABOR DISPUTE.".

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

Rep. Llewellyn demanded the yeas and nays.

The demand was supported.

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

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

 

 

 

 

 

 

Nays--48

 

 

 

 

In The Chair: Murphy

 

 

Rep. Llewellyn moved to amend the bill as follows:

1. Amend page 3, line 6, following subparagraph (iv), by inserting:

"(v) HAS NOT VIOLATED A LABOR DISPUTE ACTIVITY "FIXED BUFFER ZONE" ESTABLISHED BY A COURT ORDER AS DEFINED BY SCHENCK ET AL V. PRO CHOICE NETWORK OF WESTERN NEW YORK ET AL. DOCKET NO. 95-1065.".

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

Rep. Llewellyn demanded the yeas and nays.

The demand was supported.

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

Rep. Goschka moved to amend the Llewellyn amendment as follows:

1. Amend the Llewellyn amendment, page 3, following line 6, subparagraph (v), after "NOT" by striking out "VIOLATED" and inserting "BEEN CONVICTED OF VIOLATING".

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

Rep. Goschka demanded the yeas and nays.

The demand was supported.

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

The amendment was adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:

 

 

 

 

 

 

Nays--16

 

 

 

 

In The Chair: Murphy

 

 

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

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

 

 

 

 

 

 

Nays--46

 

 

Curtis Kilpatrick

 

 

In The Chair: Murphy

 

 

Rep. Rison 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

 

 

House Bill No. 4501, 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 16 (MCL 423.16).

The bill was read a third time.

The question being on the passage of the bill,

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 passage of the bill,

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

 

 

 

 

DeHart Kelly

Nays--50

 

 

Fitzgerald Jellema

 

 

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. Gire, Goschka, Murphy and Stallworth were named co-sponsors of the bill.

 

 

 

 

Rep. Byl, 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:

House Bill 4501 is a classic example of shooting at one target and hitting someone else. All the rhetoric we have listened to over the last 3 or 4 months having to do with the abuses of both sides on the Detroit Newspaper strike, have driven a lot of this legislation. The striker replacement bill, which we have in front of us now, the resolutions for Congress and the other bill having to do with security guards have been driven by the Detroit Newspaper strike. This bill will not affect any of the parties involved in the Detroit Newspaper strike. It targets a very, very small portion of the working population of the state of Michigan, only those who are not covered by federal law. Now, before we go on, the issue of federal law, this bill goes on and gives workers in Michigan law rights that are not even in the federal law. In spite of the fact that the opposite party has had control of the House, Senate and Presidency at the national level for six of the past twenty years, this provision was never put into federal law. It seems to me that we are targeting about 5% of the working population of the state of Michigan and conferring on them extra benefits that are beyond what other workers of the state have. Not only that, we lay this burden on the most vulnerable businesses, our small business people, because this applies only to businesses who operate under the $500,000 threshold and who are not involved in any interstate commerce. So while we have had a lot of emotional debate this spring and summer over the issue of the Detroit Newspaper strike, and I will concede that there have been abuses on both sides, this is not going to address that situation whatsoever. It is laying an unfair burden on the most vulnerable but yet the most creative and productive segment of our business population, the small business men and women of the state of Michigan."

 

Rep. Kukuk, 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 voted 'No' on this legislation because it uses government to artificially create an imbalance in the arena of employee-employer disputes.

I do not believe that we, as a state legislature, should prohibit private businesses from providing jobs or conducting business any more that I would favor allowing businesses to prohibit unions among their employees. There must be a balance to labor negotiations that is reasonable and fair to all concerned.

The legislature banning replacement workers is the equivalent to the legislature banning unions. Neither action would be moral, make good sense, or be good public policy."

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:

The issue before us today is balancing the interests of small business with the interests of working people involved in private labor disputes.

As state representative for Rochester Hills-Troy, I have supported a proactive policy agenda to support small businesses and working people because most are members of America's great middle class. This agenda has included:

* Support of the right of private citizens to exercise their First Amendment right to free speech under the U.S. Constitution by engaging in peaceful secondary boycotts.

Many small businesses and working people have more in common, as members of the middle class, than they may realize. They have a common opponent that has been using its economic power for the last quarter-century against the middle class. This opponent, the alliance of Big Government and large, politically-connected corporations, has, in the mere span of a single generation, done a great amount of damage to the American middle-class.

Middle-class American jobs are being exported to Mexico under NAFTA, and to China under Most Favored Nation (MFN) trading status.

The U.S. dollar has lost two-thirds of its value against other major currencies in a single generation due to the corrupt monetary policy pursued by this alliance.

If these policies continue for another generation there will certainly be fewer members of the middle-class. If small businesses and working people do not soon recognize their common interest on this issue they will soon be "divided and conquered" by their opponent, the alliance of Big Government and large, politically-connected corporations.

The issue before us today is balance.

According to the small business people and organizations who have contacted me on this issue there is no balance in this legislation."

 

 

 

 

Rep. Brater moved that Rep. Schroer be excused from the balance of today's session.

The motion prevailed.

 

By unanimous consent the House returned to the order of

 

 

The Committee on Forestry and Mineral Rights, by Rep. Anthony, Chair, reported

House Bill No. 4204, entitled

A bill to amend 1993 PA 92, entitled "Seller disclosure act," by amending section 7 (MCL 565.957), as amended by 1996 PA 92.

With the recommendation that the substitute (H-2) be adopted and that the bill then pass.

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

 

 

 

HB 4204 To Report Out:

Yeas: Reps. Anthony, Callahan, Alley, Bogardus, Brater, Middleton, DeVuyst, Gernaat, Lowe,

Nays: None.

The Committee on Forestry and Mineral Rights, by Rep. Anthony, Chair, reported

Senate Concurrent Resolution No. 14.

A concurrent resolution to express support for the American Forest and Paper Association's Sustainable Forestry Initiative.

(For text of resolution, see House Journal No. 26, p. 495.)

With the recommendation that the concurrent resolution be adopted.

The Speaker announced that under Rule 77 the concurrent resolution would lie over one day.

 

 

 

SCR 14 To Report Out:

Yeas: Reps. Anthony, Alley, Bogardus, Middleton, DeVuyst, Gernaat, Lowe,

Nays: None.

 

 

 

The following report, submitted by Rep. Anthony, Chair of the Committee on Forestry and Mineral Rights, was received and read:

Meeting held on: Wednesday, June 25, 1997, at 9:00 a.m.,

Present: Reps. Anthony, Callahan, Alley, Bogardus, Brater, Middleton, DeVuyst, Gernaat, Lowe.

 

 

The Committee on Colleges and Universities, by Rep. Cherry, Chair, reported

House Bill No. 4654, entitled

A bill to amend 1966 PA 331, entitled "Community college act of 1966," by amending sections 103, 111, 121, and 124 (MCL 389.103, 389.111, 389.121, and 389.124).

With the recommendation that the bill pass.

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

 

 

 

HB 4654 To Report Out:

Yeas: Reps. Cherry, Brown, Brater, Curtis, Quarles, LeTarte, Scranton, Walberg,

Nays: None.

 

 

The Committee on Colleges and Universities, by Rep. Cherry, Chair, reported

House Bill No. 4939, entitled

A bill to amend 1966 PA 331, entitled "Community college act of 1966," by amending section 21 (MCL 389.21).

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.

 

 

 

HB 4939 To Report Out:

Yeas: Reps. Cherry, Brown, Brater, Curtis, Quarles, LeTarte, Scranton, Walberg,

Nays: None.

 

 

 

The following report, submitted by Rep. Cherry, Chair of the Committee on Colleges and Universities, was received and read:

Meeting held on: Thursday, June 26, 1997, at 8:30 a.m.,

Present: Reps. Cherry, Brown, Brater, Curtis, Quarles, LeTarte, Scranton, Walberg,

Absent: Rep. Dalman,

Excused: Rep. Dalman.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

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

Senate Concurrent Resolution No. 32.

A concurrent resolution to increase the total project cost of the Wayne State University Undergraduate Library project.

(For text of resolution, see House Journal No. 55, p. 1213.)

With the recommendation that the concurrent resolution be adopted.

The Speaker announced that under Rule 77 the concurrent resolution would lie over one day.

 

 

 

SCR 32 To Report Out:

Yeas: Reps. Hood, Mathieu, Ciaramitaro, Frank, Hale, Harder, Kelly, Martinez, Price, Prusi, Rison, Schroer, Stallworth, Tesanovich, Bobier, Geiger, Godchaux, Jansen, Johnson, McBryde, Oxender,

Nays: None.

 

 

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

Senate Concurrent Resolution No. 33.

A concurrent resolution approving the conveyance of property to the State Building Authority and approving a lease between the State of Michigan and the State Building Authority relative to the Department of Corrections Jackson Parole Camp.

(For text of resolution, see House Journal No. 55, p. 1213.)

With the recommendation that the concurrent resolution be adopted.

The Speaker announced that under Rule 77 the concurrent resolution would lie over one day.

 

 

 

SCR 33 To Report Out:

Yeas: Reps. Hood, Mathieu, Ciaramitaro, Frank, Hale, Harder, Kelly, Martinez, Price, Prusi, Rison, Stallworth, Tesanovich, Bobier, Geiger, Godchaux, Jansen, Johnson, McBryde, Oxender,

Nays: None.

 

 

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

Senate Concurrent Resolution No. 34.

A concurrent resolution approving the conveyance of property to the State Building Authority and approving a lease between the State of Michigan and the State Building Authority relative to the Department of Corrections State Prison of Southern Michigan Reorganization (Phase I).

(For text of resolution, see House Journal No. 55, p. 1214.)

With the recommendation that the concurrent resolution be adopted.

The Speaker announced that under Rule 77 the concurrent resolution would lie over one day.

 

 

 

SCR 34 To Report Out:

Yeas: Reps. Hood, Mathieu, Ciaramitaro, Frank, Hale, Harder, Kelly, Martinez, Price, Prusi, Rison, Schroer, Stallworth, Tesanovich, Bobier, Geiger, Godchaux, Jansen, Johnson, McBryde, Oxender,

Nays: None.

 

 

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

Senate Concurrent Resolution No. 35.

A concurrent resolution approving the conveyance of property to the State Building Authority and approving a lease among the State of Michigan, the State Building Authority, and Western Michigan University relative to the Western Michigan University Power Plant Renovation.

(For text of resolution, see House Journal No. 55, p. 1214.)

With the recommendation that the concurrent resolution be adopted.

The Speaker announced that under Rule 77 the concurrent resolution would lie over one day.

 

Yeas: Reps. Hood, Mathieu, Ciaramitaro, Frank, Hale, Harder, Kelly, Martinez, Price, Prusi, Rison, Schroer, Stallworth, Tesanovich, Bankes, Bobier, Geiger, Godchaux, Jansen, Jellema, Johnson, McBryde, Oxender,

Nays: None.

 

 

 

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

Meeting held on: Thursday, June 26, 1997, at 9:00 a.m.,

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

Absent: Reps. Emerson, Owen, Parks,

Excused: Reps. Emerson, Owen, Parks.

 

 

 

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

Meeting held on: Wednesday, June 25, 1997, at 2:48 p.m.,

Present: Reps. Leland, Baade, Brown, Curtis, Mans, Olshove, Schauer, Scott, Wojno, London, Birkholz, Byl, Galloway, Gernaat, Middleton,

Absent: Reps. Schermesser, Green,

Excused: Reps. Schermesser, Green.

 

 

 

 

The Speaker resumed the Chair.

 

Rep. Gagliardi questioned the presence of a quorum and moved that the roll be called and printed in the Journal.

The motion prevailed.

The roll was called and the Clerk announced that a quorum was present.

The following is the roll call:

 

 

 

 

Dobronski

 

 

In The Chair: Hertel

 

 

Rep. Cherry moved that Rep. Emerson be excused temporarily from today's session.

The motion prevailed.

 

Rep. Harder moved that Rep. Leland be excused temporarily from today's session.

The motion prevailed.

 

Rep. Freeman moved that Rep. Wetters be excused temporarily from today's session.

The motion prevailed.

 

Rep. Bogardus moved that Rep. Schauer be excused temporarily from today's session.

The motion prevailed.

 

Rep. Kelly moved that Rep. Griffin be excused temporarily from today's session.

The motion prevailed.

 

 

 

 

House Bill No. 4458, entitled

A bill to amend 1846 RS 171, entitled "Of county jails and the regulation thereof," (MCL 801.1 to 801.27) by adding section 7a.

(The bill was read a third time, amendment adopted and bill postponed temporarily on May 21, see House Journal No. 45, p. 948.)

The question being on the passage of the bill,

Reps. Freeman and Rison moved to amend the bill as follows:

1. Amend page 1, line 2, after "AGE" by inserting a comma and "EXCEPT WHEN THE MINOR IS THE INMATE'S OWN CHILD OR STEPCHILD,".

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

Reps. Freeman and Rison moved to amend the bill as follows:

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

"(3) THE COUNTY SHERIFF SHALL BE REQUIRED TO POST THE RULES REGARDING VISITATION BY MINORS AT THE COUNTY JAIL IN A PLACE ACCESSIBLE BY AND VISIBLE TO THE GENERAL PUBLIC." and renumbering the remaining subsection.

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:

 

 

 

 

Dobb

 

 

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.

 

 

House Bill No. 4661, entitled

A bill to amend 1996 PA 386, entitled "An act to regulate the sale and purchase of viatical settlement contracts; to prescribe the powers and duties of certain state agencies and officials; and to prescribe penalties," by amending section 8 (MCL 550.528).

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

 

 

 

 

 

 

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 1996 PA 386, entitled "An act to regulate the sale and purchase of viatical settlement contracts; to prescribe the powers and duties of certain state agencies and officials; and to prescribe penalties," by amending section 8 (MCL 550.528), and by adding section 3a.

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. Johnson moved that Rep. Gilmer be excused temporarily from today's session.

The motion prevailed.

 

 

 

 

Senate Bill No. 345, entitled

A bill to amend 1967 PA 288, entitled "Land division act," by amending sections 105 and 109 (MCL 560.105 and 560.109), section 105 as amended and section 109 as added by 1996 PA 591, and by adding sections 109a and 109b.

The bill was read a second time.

The question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Agriculture,

Rep. Alley demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Agriculture,

The substitute (H-2) was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:

 

 

 

 

Ciaramitaro Hale

 

 

Nays--65

 

 

Fitzgerald

 

 

In The Chair: Hertel

 

 

Rep. Alley moved to substitute (H-5) the bill.

The motion prevailed and the substitute (H-5) was adopted, a majority of the members serving voting therefor.

Reps. Cropsey and Lowe moved to amend the bill as follows:

1. Amend page 6, line 25, after "UNDER" by striking out the balance of the subdivision and inserting "CITY, COUNTY, OR DISTRICT HEALTH DEPARTMENT RULES.".

2. Amend page 7, line 2, after "UNDER" by striking out the balance of the subdivision and inserting "CITY, COUNTY, OR DISTRICT HEALTH DEPARTMENT RULES.".

The question being on the adoption of the amendments offered by Reps. Cropsey and Lowe,

Rep. Cropsey demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendments offered by Reps. Cropsey and Lowe,

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

 

 

 

 

Nays--79

 

 

 

 

In The Chair: Hertel

 

 

Rep. Wetters moved to amend the bill as follows:

1. Amend page 5, line 12, after "tract." by striking out the balance of the subsection and inserting "A PROPRIETOR TRANSFERRING THE RIGHT TO MAKE A DIVISION PURSUANT TO THIS SUBSECTION SHALL WITHIN 45 DAYS GIVE WRITTEN NOTICE OF THE TRANSFER TO THE ASSESSOR OF THE CITY OR TOWNSHIP WHERE THE PROPERTY IS LOCATED ON THE FORM PRESCRIBED BY THE STATE TAX COMMISSION UNDER SECTION 27A OF THE GENERAL PROPERTY TAX ACT, 1893 PA 206, MCL 211.27A. THE STATE TAX COMMISSION SHALL REVISE THE FORM TO INCLUDE SUBSTANTIALLY THE FOLLOWING QUESTIONS IN THE MANDATORY INFORMATION PORTION OF THE FORM:

(A) "DID THE PARENT PARCEL OR PARENT TRACT HAVE ANY UNALLOCATED DIVISIONS UNDER THE LAND DIVISION ACT, 1967 PA 288, MCL 560.101 TO 560.293? IF SO, HOW MANY?"

(B) "WERE ANY UNALLOCATED DIVISIONS TRANSFERRED TO THE NEWLY CREATED PARCEL? IF SO, HOW MANY?".

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

Rep. Willard moved to amend the bill as follows:

1. Amend page 5, line 7, after "to" by striking out "existing".

2. Amend page 5, line 8, after "facilities" by inserting "LEGALLY AND PHYSICALLY AVAILABLE TO SERVE THE PARCEL OR TRACT BEING PARTITIONED OR SPLIT".

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

Rep. Willard demanded the yeas and nays.

The demand was supported.

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

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