No. 12

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

90th Legislature

REGULAR SESSION OF 1999

Nays--22

Godchaux LaForge

In The Chair: Perricone

The question being on agreeing to the title of the bill,

Rep. Raczkowski moved to amend the title to read as follows:

A bill to amend 1976 PA 451, entitled "The revised school code," (MCL 380.1 to 380.1852) by adding sections 1307, 1308, and 1311a.

The motion prevailed.

The House agreed to the title as amended.

Rep. Raczkowski moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

______

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

"Mr. Speaker and members of the House:

This bill would take away 'Local Control' from districts & school boards. It also has too many 'open' issues that need to be addressed."

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

"Mr. Speaker and members of the House:

HB 4240 is woefully inadequate. It does not provide for an appeal process for a student to challenge the expulsion until 150 days have passed from the expulsion date. It removes liability from the school district in the case of an unjustly expelled student. It also does not provide for an adequate alternative for a student that needs 'special' attention for his/her violent behavior. Consequently, the bill will allow for the removal of violent student s into our communities without support and resources to aid such a community."

Rep. Minore, 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 opposed HB 4240 for the following reasons:

1. It's a 'feel good' bill that accomplishes nothing positive not already allowed.

2. It mandates substantial 'paper work' to local school districts.

3. It has enormous potential for abuse in that it allows expulsion much too easily and an appeals process amendment was defeated.

4. It virtually closes out educational opportunity for many troubled youth, essentially abdicating the state's responsibility to provide education for all students.

5. It may create community problems by having expelled students 'on the streets' without supervision, opportunity, or various services generally provided through the educational system."

House Bill No. 4241, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 1311 (MCL 380.1311), as amended by 1995 PA 250, and by adding sections 1311b, 1311c, 1311d, 1311e, 1311f, 1311g, 1311h, 1311i, 1311j, 1311k, 1311l, and 1311m.

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

Roll Call No. 53 Yeas--88

Nays--19

In The Chair: Perricone

The question being on agreeing to the title of the bill,

Rep. Raczkowski moved to amend the title to read as follows:

A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 1311 (MCL 380.1311), as amended by 1995 PA 250, and by adding sections 1311b, 1311c, 1311d, 1311e, 1311f, 1311g, 1311h, 1311i, 1311j, 1311k, and 1311l.

The motion prevailed.

The House agreed to the title as amended.

Rep. Raczkowski moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

Rep. Raczkowski 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

Reports of Standing Committees

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Sanborn, Chair of the Committee on Insurance and Financial Services, was received and read:

Meeting held on: Wednesday, February 17, 1999, at 9:00 a.m.,

Present: Reps. Sanborn, Bisbee, Bishop, DeVuyst, Ehardt, Hager, Rick Johnson, Julian, Law, Richner, Shackleton, Van Woerkom, Wojno, Basham, Bob Brown, Clark, Daniels, Hale, O'Neil, Scott,

Absent: Rep. Thomas,

Excused: Rep. Thomas.

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Middaugh, Chair of the Committee on Energy and Technology, was received and read:

Meeting held on: Wednesday, February 17, 1999, at 10:30 a.m.,

Present: Reps. Middaugh, Bradstreet, Birkholz, Bisbee, Cassis, Garcia, Gosselin, Howell, Kowall, Kuipers, Richardville, Shulman, Bob Brown, Daniels, Hansen, Lemmons, Neumann, Schauer, Woodward,

Absent: Reps. Thomas, Quarles,

Excused: Reps. Thomas, Quarles.

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Koetje, Chair of the Committee on Gaming and Casino Oversight, was received and read:

Meeting held on: Wednesday, February 17, 1999, at 10:30 a.m.,

Present: Reps. Koetje, Vander Roest, Law, Richner, Voorhees, Brewer, Callahan, Garza, Hardman.

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, February 12:

Senate Bill Nos. 289 290 291 292 293 294 295 296 297

The Clerk announced that the following Senate bills had been received on Wednesday, February 17:

Senate Bill Nos. 7 117 217

By unanimous consent the House returned to the order of

Messages from the Senate

Senate Bill No. 7, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," (MCL 750.1 to 750.568) by adding section 145d.

The Senate has passed the bill.

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

Senate Bill No. 117, entitled

A bill to amend 1978 PA 33, entitled "An act to prohibit the dissemination, exhibiting, or displaying of certain sexually explicit matter to minors; to prohibit certain misrepresentations facilitating the dissemination of sexually explicit matter to minors; to provide penalties; to provide for declaratory judgments and injunctive relief in certain instances; to impose certain duties upon prosecuting attorneys and the circuit court; to preempt local units of government from proscribing certain conduct; and to repeal certain acts and parts of acts," by amending sections 3, 5, 6, and 7 (MCL 722.673, 722.675, 722.676, and 722.677) and by adding section 1a.

The Senate has passed the bill.

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

Senate Bill No. 217, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 16g of chapter XVII (MCL 777.16g), as added by 1998 PA 317.

The Senate has passed the bill.

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

Notices

February 17, 1999

Gary Randall, Clerk

Michigan House of Representatives

State Capitol Building

Lansing, MI 48913

Dear Mr. Clerk:

I hereby appoint the following Members of the 90th Legislature to the following statutory committees for the 1999-2000 Legislative Session:

Joint Committee on Administrative Rules: Shulman (C), Vander Roest (VC), Gilbert, Bogardus (Min. VC), DeHart.

House Fiscal Agency Governing Board: Geiger (C), Perricone, Raczkowski, Price (Min. VC), Hanley, Rivet.

Legislative Council: Perricone (C), Birkholz, Patterson, Raczkowski, Hanley (Min. VC), Kilpatrick.

Alternates: Middaugh, Scranton, Schauer.

Legislative Retirement: LaSata, DeHart.

Michigan Capitol Committee: Geiger (C), Pumford, Toy, Quarles.

Sincerely,

Charles R. Perricone

Speaker of the House

February 17, 1999

Gary Randall, Clerk

Michigan House of Representatives

State Capitol Building

Lansing, MI 48913

Dear Mr. Clerk:

As Speaker of the Michigan House of Representatives, I have appointed the following Members to these commissions for the 1999-2000 Legislative Session:

Michigan Law Revision Commission: Faunce, Baird.

Michigan Commission on Uniform State Laws: Richner, Baird.

Michigan Sentencing Commission: Howell, Julian, Baird.

Sincerely,

Charles R. Perricone

Speaker of the House

Introduction of Bills

Reps. DeHart, Schermesser, Hale, Dennis, Kelly, Scott and Bogardus introduced

House Bill No. 4286, entitled

A bill to amend 1993 PA 354, entitled "Railroad code of 1993," by amending section 391 (MCL 462.391).

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