No. 1
STATE OF MICHIGAN
JOURNAL
OF THE
House of Representatives
90th Legislature
REGULAR SESSION OF 1999
House Chamber, Lansing, Wednesday, January 13, 1999.
12:00 noon.
Pursuant to the requirements of the Constitution, the Representatives-elect to the House of Representatives of the State of Michigan for the years 1999 and 2000, assembled in Representative Hall in the Capitol at Lansing on the second Wednesday in January, the 13th of January, 1999 at 12:00 o'clock noon, and in accordance with law, were called to order by Gary L. Randall, Assistant Clerk of the next preceding House.
Father Brian Stanley, Parochial Vicar of the St. Joseph Catholic Church in Battle Creek, offered the following invocation:
"We stand before You, Lord God, conscious of our sinfulness but aware that we gather in Your name. Come to us, remain with us and enlighten our hearts. Give us light and strength to know Your will, to make it our own and to live it in our lives. Guide us by Your wisdom, support us by Your power, for You are our God. You desire justice for all, enable this House to defend human life from conception to natural death and to uphold the rights of others. Do not allow us to be misled by ignorance or corrupted by fear or favor. Unite us to Yourself in the bond of love and keep us faithful to all that is true. As we gather to work for the common good of the state of Michigan may we temper justice with love so that all our decisions and legislation may be pleasing to You and earn the reward promised to good and faithful servants. Glory and praise to You forever and ever. Amen."
Communications from State Officers
November 24, 1998
The Honorable Gary L. Randall
Clerk of the House of Representatives
State Capitol Building
Lansing, Michigan 48909
Dear Mr. Randall:
Enclosed is a certified list of the members-elect to the State House of Representatives as shown by the November 3, 1998 general election returns on file with this office. Also enclosed is a copy of the official canvass of the votes cast at the election.
Sincerely,
Christopher M. Thomas
Director of Elections
United States of America
THE STATE OF MICHIGAN
DEPARTMENT OF STATE
To all to whom these presents shall come:
I, Candice S. Miller, Secretary of State of the State of Michigan and Custodian of the Great Seal thereof, Do Hereby Certify that attached is the list of the members-elect for the State House of Representatives for the term January 1, 1999 to January 1, 2001, as shown by the November 3, 1998 General Election returns on file in this office.
[SEAL] In Testimony Whereof, I have hereunto set my hand and affixed the Great Seal of the State in the Capital City of Lansing, this twenty-fourth day of November A.D. 1998
Candice S. Miller
Secretary of State
State of Michigan
General Election - November 3, 1998
Representatives Elect
State Legislature
House
District Party Name Address
1 REP Andrew C. Richner 718 Berkshire Road, Grosse Pointe Park 48230
2 DEM LaMar Lemmons 8523 E. Outer Drive, Detroit 48213
3 DEM Artina Tinsley Hardman 3009 Cadillac, Detroit 48214
4 DEM Ed Vaughn 5764 Woodward Avenue #5, Detroit 48202
5 DEM Ken Daniels 14470 Eastburn, Detroit 48205
6 DEM Martha G. Scott 75 Rhode Island, Highland Park 48203
7 DEM Hansen Clarke 459 Prentis, Detroit 48202
8 DEM Belda Garza 6887 Bulwer, Detroit 48210
9 DEM Kwame M. Kilpatrick 4343 Leslie, Detroit 48238
10 DEM Samuel Buzz Thomas, III 19260 Burlington, Detroit 48203
11 DEM Irma Clark 8900 Littlefield, Detroit 48228
12 DEM Keith B. Stallworth 19793 Sorrento, Detroit 48235
13 DEM Triette Lipsey Reeves 14050 Rutherford, Detroit 48227
14 DEM Derrick F. Hale 23600 Dehner, Detroit 48219
15 REP Gary Woronchak 1220 McMillan, Dearborn 48128
16 DEM Bob Brown 23280 S. Brookside Drive, Dearborn Heights 48125
17 DEM Thomas H. Kelly 4345 Chamberlain, Wayne 48184
18 DEM Eileen DeHart 32017 Anita Drive, Westland 48185
19 REP Laura Toy 32663 Five Mile, Livonia 48154
20 REP Gerald H. Law 45209 Woodleigh Way, Plymouth 48170
21 REP Bruce Patterson 42479 Redfern Drive, Canton 48187
22 DEM Raymond E. Basham 12406 Telegraph, Taylor 48180
23 DEM George W. Mans 2414 West Jefferson, Trenton 48183
24 DEM William J. O'Neil 10239 Northway, Allen Park 48101
25 DEM Gloria Schermesser 944 Kings Highway, Lincoln Park 48146
26 DEM William J. Callahan 20001 Chalon, St. Clair Shores 48080
27 DEM Michael Switalski 31412 Gay, Roseville 48066
28 DEM Paul Wojno 27314 Larose, Warren 48093
29 REP Jennifer Faunce 32760 Lancaster, Warren 48093
30 REP Sue Rocca 39964 Saal Road, Sterling Heights 48313
31 DEM Paul Gieleghem 37310 Glenbrook, Clinton Twp. 48036
House
District Party Name Address
32 REP Alan Sanborn 27140 Irwin, Richmond 48062
33 REP Janet L. Kukuk 23611 23 Mile Rd., Macomb 48042
34 DEM Dave Woodward 560 East 13 Mile Road #202, Madison Heights 48071
35 DEM Gilda Z. Jacobs 8353 Hendrie Boulevard, Huntington Woods 48070
36 DEM Nancy L. Quarles 18131 Magnolia Parkway, Southfield 48075
37 REP Andrew Raczkowski 28619 Herndonwood, Farmington Hills 48334
38 REP Nancy Cassis 22186 Daleview Dr., Novi 48374
39 REP Marc Shulman 4838 Rolling Ridge Court, West Bloomfield 48323
40 REP Patricia Godchaux 1155 West Lincoln, Birmingham 48009
41 REP John Pappageorge 1246 Provincial Drive, Troy 48084
42 REP Robert Gosselin 5220 Vineyards Court, Troy 48098
43 DEM Hubert Price, Jr. 583 Pearsall, Pontiac 48341
44 REP Mike Kowall 2333 Cumberland Valley Drive, White Lake 48383
45 REP Mike Bishop 803 W. University Drive, Rochester 48307
46 REP Ruth Johnson 8500 Gail Drive, Holly 48442
47 DEM Rose Bogardus 416 West Salem Court, Davison 48423
48 DEM Vera B. Rison 6223 Bermuda Lane, Mt. Morris 48458
49 DEM Jack D. Minore 1009 Manning Court, Flint 48503
50 DEM Deborah L. Cherry 2124 S. Belsay Road, Burton 48519
51 DEM Patricia A. Lockwood 901 Newport, Fenton 48430
52 DEM John Hansen 7880 Fifth, Dexter 48130
53 DEM Elizabeth S. Brater 1507 Wells, Ann Arbor 48104
54 DEM Ruth Ann Jamnick 7776 LakeCrest Dr., Ypsilanti 48197
55 REP Gene DeRossett 11207 Pleasant Lake Road, Manchester 48158
56 REP Randy Richardville 2060 N. Custer Rd., Monroe 48162
57 DEM Doug Spade 768-2 W. Maple, Adrian 49221
58 REP Steve Vear 275 West Bacon Street, Hillsdale 49242
59 REP Cameron Brown 29057 East Lafayette, Sturgis 49091
60 DEM Ed LaForge 1818 Nottingham, Kalamazoo 49001
61 REP Charles R. Perricone 1909 Nichols Rd., Kalamazoo 49006
62 DEM Mark Schauer 15 North Broad Street, Battle Creek 49017
63 REP Jerry Vander Roest 2689 N. 37th St., Galesburg 49053
64 REP Clark E. Bisbee 609 S. Durand, Jackson 49203
65 REP Mickey Mortimer 217 Round Lake Road, Horton 49246
66 REP Judith L. Scranton 2457 Spring Lake Lane, Brighton 48114
67 REP Paul N. DeWeese 3896 North Williamston Road, Williamston 48895
68 DEM Lingg Brewer 2682 Fontaine Trail, Holt 48842
69 DEM Lynne Martinez 306 Leslie Street, Lansing 48912
70 DEM Laura Baird 1762 Spring Lake Drive, Okemos 48864
71 REP Susan Tabor 1005 Firwood, Lansing 48917
72 REP Mark C. Jansen 6857 Linden Ave., Grand Rapids 49548
73 REP Doug Hart 9111 Summit, Rockford 49341
74 REP James L. Koetje 3346 Whispering Court, Grandville 49418
75 REP William R. Byl 1241 Benjamin Ave. SE, Grand Rapids 49506
76 DEM Steve Pestka 1830 Ranch Drive, N.W., Grand Rapids 49504
77 REP Joanne Voorhees 5380 Kenowa Avenue S.W., Grandville 49418
78 REP Ron Jelinek 7605 W. Stickles Rd., Three Oaks 49128
79 REP Charles LaSata 1424 Newberry Hills Lane, St. Joseph 49085
80 REP Mary Ann Middaugh 603 West Michigan, Paw Paw 49079
81 REP Lauren M. Hager 3978 Butternut Court, Port Huron 48060
82 REP Jud Gilbert 9882 North River Road, Algonac 48001
83 REP Stephen R. Ehardt 5557 Barmilvian Pkwy., Lexington 48450
84 REP Mike Green 1405 Blackmore, Mayville 48744
85 REP Larry Julian 257 N. M-13, Lennon 48449
86 REP Valde Garcia 306 N. Swegles St., St. Johns 48879
87 REP Terry Geiger 950 Maple Rd., Lake Odessa 48849
88 REP Patricia L. Birkholz 3413 Sixtyfourth Street, Saugatuck 49453
House
District Party Name Address
89 REP Jon Jellema 510 Park Avenue, Grand Haven 49417
90 REP Wayne Kuipers 364 West 31st, Holland 49423
91 REP Gerald Van Woerkom 4216 Harbor Point, Muskegon 49441
92 DEM Julie Dennis 739 Wilson Avenue, Muskegon 49441
93 REP Larry DeVuyst 3345 Kali Lane, Alma 48801
94 REP Jim Howell 7001 Andrews, St. Charles 48655
95 DEM Michael J. Hanley 203 S. Bates, Saginaw 48602
96 DEM A. T. Frank 6090 Western Drive #18, Saginaw 48603
97 DEM Joseph L. Rivet 4481 W. Park Dr., Bay City 48706
98 REP Tony Stamas 185 East Isabella Road, Midland 48640
99 REP Sandy Caul 1830 Woodland Drive, Mt. Pleasant 48858
100 REP M. Pumford 2122 E. 84th, Newaygo 49337
101 REP David Mead 4160 Mick Road, Frankfort 49635
102 REP Rick Johnson 16209 13 Mile Rd., LeRoy 49655
103 DEM Dale Sheltrown 5425 Greenwood Rd., Gladwin 48624
104 REP Jason Allen 910 Lincoln Street, Traverse City 49686
105 REP Ken Bradstreet 1029 Scotch Pine Trail, Gaylord 49735
106 DEM Andy Neumann 127 North Garden, Alpena 49707
107 REP Scott Shackleton 2762 W. 16th Ave., Sault Ste. Marie 49783
108 DEM Douglas R. Bovin 1607 Lake Shore, Gladstone 49837
109 DEM Michael Prusi 1485 County Road PC, Ishpeming 49849
110 DEM Paul Tesanovich Route 2, Box 758, L'Anse 49946
General Election - November 3, 1998
Members Elect
State Senate
Senate
District Party Name Address
1 DEM Joe Young, Jr. 8570 E. Outer Drive, Detroit 48213
2 DEM Virgil C. Smith 19316 Norwood, Detroit 48234
3 DEM Raymond M. Murphy 610 Chicago Boulevard, Detroit 48202
4 DEM Jackie Vaughn, III 19930 Roslyn Road, Detroit 48221
5 DEM Burton Leland 20765 Tireman, Detroit 48228
6 DEM George Z. Hart 4200 Roemer, Dearborn 48126
7 DEM Christopher D. Dingell 3360 Brookshire, Trenton 48183
8 REP Loren N. Bennett 3226 Denton Road, Canton 48188
9 REP Thaddeus G. McCotter 14601 Huff, Livonia 48154
10 DEM Arthur J. Miller, Jr. 11139 Olive, Warren 48093
11 DEM Kenneth J. DeBeaussaert 50241 Bellaire, Chesterfield Township 48047
12 REP Dave Jaye 8303 Waschull, Washington 48094
13 REP Michael J. Bouchard 344 Fairfax, Birmingham 48009
14 DEM Gary Peters 2645 Bloomfield Crossing, Bloomfield Township 48304
15 REP Bill Bullard, Jr. 1849 Lakeview, Highland 48357
16 REP Mat J. Dunaskiss 535 Cushing, Lake Orion 48362
17 REP Beverly S. Hammerstrom 1183 Oakmont Drive, Temperance 48182
18 DEM Alma Wheeler Smith 5540 Five Mile Road, South Lyon 48178
19 REP Philip E. Hoffman 2064 Little Drive, Horton 49246
20 REP Harry Gast 5165 Lincoln Avenue, St. Joseph 49085
21 REP Dale Shugars 5315 Angling Road, Portage 49024
22 REP William Van Regenmorter 6293 Springmont, Hudsonville 49426
23 REP Joanne Emmons 13904 Northland Drive, Big Rapids 49307
24 REP John J.H. Schwarz 251 Central Street, Battle Creek 49017
25 DEM Dianne Byrum 4933 Bellevue Road, Onondaga 49264
Senate
District Party Name Address
26 REP Mike Rogers 6899 Corrigan, Brighton 48116
27 REP Dan L. DeGrow 4204 Gratiot Avenue, Port Huron 48060
28 DEM John D. Cherry, Jr. 4116 Orme Circle, Clio 48420
29 DEM Robert L. Emerson 1025 Kensington Avenue, Flint 48503
30 REP Glenn D. Steil 252 Pearl Street NW, #7D, Grand Rapids 49503
31 REP Ken Sikkema 3885 Omaha, Grandville 49418
32 REP Leon Stille 13333 Leonard, P.O. Box 511, Spring Lake 49456
33 REP Mike Goschka 16393 Schroeder Road, Brant 48614
34 REP Joel D. Gougeon 241 Donahue Beach, Bangor 48706
35 REP Bill Schuette 3711 Applewood Road, Midland 48640
36 REP George A. McManus, Jr. 741 Garfield Road South, Traverse City 49686
37 REP Walter H. North 1377 North State #21, St. Ignace 49781
38 DEM Don Koivisto 735 VanBuskirk Road, Ironwood 49938
The roll of the House was called by the Assistant Clerk, who announced that all of the Representatives-elect were present except Reps. Scranton and Stallworth.
______
Rep. Raczkowski moved that Reps. Scranton and Stallworth be excused from today's session.
The motion prevailed.
Oath of Office
The Representatives-elect appeared at the Clerk's desk and took and subscribed the constitutional oath of office, which was administered by the Hon. Elizabeth Weaver, Chief Justice of the Michigan Supreme Court.
The Acting Clerk announced that the first business in order was the selection of seats in accordance with the Statute.
The Statute having been read, the members in the order of their total length of service in the House selected seats as their names were called by the Clerk. Marirose Sanborn and Nathan Pestka drew numbers for the selection of seats for members as provided, by Statute, all seats being selected as follows:
1--Mike Pumford 56--Kwame Kilpatrick
2--David Mead 57--Michael Hanley
3--Jason Allen 58--Laura Baird
4--Jerry VanderRoest 59--Michael Switalski
5--Charles Perricone 60--LaMar Lemmons
6--Andrew Raczkowski 61--Gilda Jacobs
7--Steve Vear 62--Paul Tesanovich
8--Stephen Ehardt 63--Hubert Price
9--Mickey Mortimer 64--Ed Vaughn
10--Valde Garcia 65--Patricia Lockwood
11--Cameron Brown 66--William O'Neil
12--Patricia Birkholz 67--George Mans
13--Charles LaSata 68--Doug Spade
14--Ken Bradstreet 69--Lynn Martinez
15--Jerry Van Woerkom 70--Liz Brater
16--Jennifer Faunce 71--Deborah Cherry
17--Mary Ann Middaugh 72--Mark Schauer
18--Janet Kukuk 73--William Callahan
19--Patricia Godchaux 74--Julie Dennis
20--Judith Scranton 75--Dave Woodward
21--William Byl 76--Martha Scott
22--Doug Hart 77--Michael Prusi
23--Marc Shulman 78--Samuel Thomas
24--Joanne Voorhees 79--Hansen Clarke
25--Robert Gosselin 80--Bob Brown
26--Wayne Kuipers 81--John Hansen
27--Ron Jelinek 82--Paul Wojno
28--Randy Richardville 83--Eileen DeHart
29--Lauren Hager 84--Gloria Schermesser
30--Mike Kowall 85--Derrick Hale
31--Alan Sanborn 86--Rose Bogardus
32--Mark Jansen 87--Ruth Ann Jamnick
33--Tony Stamas 88--Jack Minore
34--Jon Jellema 89--Paul Gieleghem
35--Gene DeRossett 90--Andrew Richner
36--Jud Gilbert 91--Ken Daniels
37--Scott Shackleton 92--Keith B. Stallworth
38--Clark Bisbee 93--Raymond Basham
39--Nancy Cassis 94--Irma Clark
40--Terry Geiger 95--Belda Garza
41--John Pappageorge 96--Douglas Bovin
42--Susan Tabor 97--Michael Bishop
43--Larry Julian 98--Rick Johnson
44--Paul DeWeese 99--Nancy Quarles
45--Gary Woronchak 100--Vera Rison
46--Larry DeVuyst 101--Triette Reeves
47--Sandy Caul 102--Artina Tinsley Hardman
48--Jim Howell 103--Dale Sheltrown
49--Bruce Patterson 104--Ed LaForge
50--Laura Toy 105--Thomas Kelly
51--James Koetje 106--Lingg Brewer
52--Gerald Law 107--Andy Neumann
53--Mike Green 108--A. T. Frank
54--Ruth Johnson 109--Steve Pestka
55--Sue Rocca 110--Joseph Rivet
By unanimous consent the House returned to the order of
Motions and Resolutions
Reps. Raczkowski and Kilpatrick offered the following resolution:
House Resolution No. 1.
A resolution prescribing the Standing Rules of the House of Representatives.
Resolved by the House of Representatives, That the following rules be adopted as the Standing Rules of the House of Representatives:
STANDING RULES
OF THE
HOUSE OF REPRESENTATIVES
CHAPTER I
GENERAL PROVISIONS
Meetings, Officers and Quorum.
Rule 1. The House shall meet in regular session at the seat of government on the second Wednesday in January of each year at twelve o'clock noon. In each odd-numbered year, it shall proceed with its organization, the election of a Speaker, a Speaker Pro Tempore, two Associate Speakers Pro Tempore, from its membership, and a Clerk for the ensuing term of the Legislature. All elections shall be by roll call and shall require a majority of the Members voting to elect.
A majority of the Members elected to and serving in the House shall constitute a quorum to do business, but a smaller number may adjourn from day to day and not less than 15 Members present and voting in favor thereof may compel the attendance of absent Members and fix penalties for non-attendance. (See Const 1963, Art 4 §§ 13 and 14)
Admission to Floor--Defined.
Rule 2. No person shall be admitted on the floor of the House for a period of 30 minutes immediately preceding the time set for any call to order during any session of the House through adjournment, except as follows:
(a) Representatives and Senators;
(b) Former Legislators, unless otherwise restricted;
(c) Sergeants at arms, pages, and Clerk's staff who are specifically designated to be working on the House floor during session;
(d) The executive directors and the Governor's legislative liasons who have obtained and are wearing in plain sight appropriate identification passes, issued under guidelines developed by the Speaker;
(e) Immediate family of Representatives who have obtained and are wearing in plain sight appropriate identification passes, issued under guidelines developed by the Speaker;
(f) Legislative staff who have obtained and are wearing in plain sight appropriate identification passes, issued under guidelines developed by the Speaker; and
(g) Media correspondents accredited by the Clerk of the House who are wearing in plain sight appropriate identification passes, issued under guidelines developed by the Clerk. Media correspondents shall not be at the Members' desks during roll call votes.
Members may have not more than one member of their immediate family seated at the Member's desk during session. All other immediate family members shall be seated in an area designated by the Speaker.
Any person admitted under this rule who lobbies, or is a registered lobbyist, shall thereby forfeit his or her right to be admitted on the floor of the House at any time. The words "floor of the House," when used in these rules, shall mean the space of the main floor of Representative Hall, together with all offices and lounges on the second floor of the Capitol under the jurisdiction of the Clerk, including the democratic and republican caucus rooms and the corridor behind the House rostrum.
Guests may be introduced only by permission of the Presiding Officer after the House has been called to order and before the attendance roll call has been concluded.
Bar of the House.
Rule 3. Any Member, having answered attendance roll call at the opening of any session, or who enters after attendance roll call, shall thereafter be deemed as present until leave of absence is obtained from the House. Any Member having entered upon the floor of the House after the House has been called to order, shall be deemed to be present if within the bar of the House.
The words "within the bar of the House," when used in these rules, shall mean the space occupied and used by the House or any committee or other legislative room or office under the jurisdiction of the House.
CHAPTER II
OFFICERS
SPEAKER
Definitions.
Rule 4. Speaker is any Member elected as Speaker under Rule 1 of these rules.
Duties as Presiding Officer.
Rule 5. The Speaker or the designee of the Speaker shall take the Chair each day at the hour to which the House shall have adjourned or recessed. The Presiding Officer shall call the House to order and, except in the absence of a quorum, shall proceed to business in the manner prescribed by these rules.
Rule 6. The Presiding Officer shall preserve order and decorum; may speak to points of order, rising for that purpose; and shall decide questions of order, subject to an appeal to the House. When two or more Members rise at once, the Presiding Officer shall name the Member who is first to speak.
The Speaker shall not permit distributions on the floor other than items pertaining to that day's calendar nor permit circulation of bills or resolutions for signature by other than Members. The Presiding Officer shall not permit announcements that are not governmentally related.
Every Member presenting a paper containing subject matter for the consideration of the House shall endorse the same with a statement of its subject or contents and the Member's name.
Duties of Speaker as Chief Administrator.
Rule 7. (a) Payment to all persons, authorized under paragraphs (b), (c) and (d) to expend House funds for transportation, lodging, meals, registration fees and related items, shall be made in accordance with an established set of expenditure regulations as predetermined and prepublished to Members by the Speaker. The regulations shall set forth the guidelines for amounts, methods of payment and time of payment for such items. When, in the judgment of the Speaker, it is desired to revise the regulations, the Speaker may make such revision upon 15-day notice to all Members.
(b) The Speaker may authorize persons to make expenditures from the general funds of the House for administrative purposes. The Speaker may from time to time, with the concurrence of the Minority Leader and the Majority Floor Leader, enter into contracts for the purchase and payment of benefits affecting employees, Members of the House, and retirees.
(c) Regular standing committees of the House shall be allotted such funds as the Speaker may authorize. The Speaker may restrict selected expenditures to a lesser number of Members, alternates or substitute Members, than the number of Members of the standing committee. The funds may be expended for items specified in paragraph (a) and for contractual services, publications and supplies. All expenditures under this paragraph shall be approved by the committee Chair and the Speaker and for items specified in paragraph (a) shall be in accordance with the regulations and guidelines provided for by paragraph (a).
(d) Additional committees may be authorized by resolution of the House which resolutions shall set forth the maximum budget of such committees. Members, alternates and substitute Members of such additional committees shall be appointed by the Speaker unless otherwise specified in the resolution. The Speaker may restrict selected expenditures to a lesser number of Members, alternates or substitute Members than the number of Members specified in the resolution. Budgeted funds may be expended for items specified in paragraph (a), for contractual services, publications, supplies and any other items specified in the resolution. Payments for contractual services may be authorized by the committee chair and the Speaker. All expenditures under this paragraph for items specified in paragraph (a) shall be in accordance with the regulations and guidelines provided for by paragraph (a).
Appointments by the Speaker.
Rule 8. The Speaker shall appoint all committees except where the House shall otherwise order. If the Speaker makes permanent or temporary additions to any standing or special committee, the names and the appointments shall be published in the journal for the House prior to their taking any action as a Member of that committee except such time as the House is adjourned or in recess, in which case the addition or appointment shall appear in the next succeeding House journal.
Appointment of Employees by Speaker.
Rule 9. Except as otherwise provided in these rules, the Speaker or the Speaker's designee shall appoint all employees of the House. The compensation for all employees and officers of the House shall be fixed by the Speaker or the Speaker's designee. All employees of the House shall maintain a status as non-tenured, at-will employees. All employees of the House work at the pleasure of the Speaker or the Speaker's designee, shall be subject to the Speaker's or the Speaker's designee's orders, and may be transferred to a different position, demoted, suspended, or summarily removed by the Speaker or the Speaker's designee.
Naming of Acting Speaker.
Rule 10. The Speaker, may, by filing a written notice with the Clerk, substitute any Member to perform the duties of the Presiding Officer, but not for a longer time than one day without leave of the House. Such notice shall be spread upon the journal.
Voting.
Rule 11. The Speaker and Presiding Officer may vote on all elections, on all divisions called for by any Member, and on all questions taken by yeas and nays.
Putting the Question.
Rule 12. The Presiding Officer shall distinctly put all questions in this form: "All in favor of (as the question may be), say 'aye'" and after the affirmative vote is expressed, "All opposed, say 'no'." If in doubt the Presiding Officer may order a division of the House. A division of the House may be had on the demand of ten Members, or a roll call of the House may be demanded by one-fifth of the Members present (see Const 1963, Art 4 § 18) on any pending question and in such case the record of the votes and names of the voting Members shall be entered in the journal.
When a division of the House is ordered, the voting machine shall be used, and the Clerk shall announce the vote and the Presiding Officer shall declare the result. On a tie vote the question shall be deemed as lost. A majority of those voting shall decide any question on a rising vote unless otherwise provided.
Recognition During Roll Call.
Rule 13. After a question has been stated by the Presiding Officer, and the calling of the roll has been started by the Clerk, the Presiding Officer shall not recognize a Member for any purpose, except upon points of order, to reserve the right to explain his or her "no" vote, to request an excuse for another Member, to announce intent not to vote for reason of potential conflict of interest, or to request that the Board be cleared, until after the announcement of the vote by the Clerk. The Presiding Officer shall preserve order and direct Members who are not in their seats to resume them.
The Clerk shall enter upon the journal the names of those voting "aye" and the names of those voting "no," which roll call shall be consecutively numbered by the Clerk and so recorded in the journal.
SPEAKER PRO TEMPORE
Powers and Duties.
Rule 14. In the absence of the Speaker, the Speaker Pro Tempore shall exercise the powers and perform the duties of Speaker, and shall preside over the House, unless the Speaker shall have designated another Member to preside for any day.
(a) In the absence of the Speaker and the Speaker Pro Tempore, an Associate Speaker Pro Tempore shall exercise the powers and perform the duties of Speaker and shall preside over the House, unless the Speaker shall have designated another Member to preside for any day.
(b) In the absence of a designated Presiding Officer, the Clerk shall preside and if a quorum is present shall designate a temporary Presiding Officer of the same party as the presiding Speaker.
CLERK
Roll Call.
Rule 15. The Clerk shall serve as parliamentarian of the House. The Clerk shall take the roll at the opening of each session of the House and announce whether or not a quorum is present. The Clerk shall enter upon the journal the names of the Members present for attendance roll call, the names of the Members specifically excused from session, and the names of the Members absent from session.
The term "roll call" as used in these rules shall mean a record roll call.
Conduct of Religious Exercises.
Rule 16. The Clerk shall arrange for the conduct of religious exercises at the opening of each session of the House.
Publication and Correction of Journal.
Rule 17. (1) The Clerk shall make up and complete the journal of the House in conformity with the rules, supervise the daily publication thereof and make such corrections therein from day to day as may be necessary. During the consideration and passage of appropriation bills, the Clerk is authorized to correct totals that may have been affected by amendments made to items in the bill, such corrections to be made to the official bill and the journal.
(2) The journal of the House shall be the only official record of the proceedings of the House.
Order of Business.
Rule 18. The Clerk shall keep the several orders of business separate and distinct, and shall prepare and place on the desk of each Member each day a list of the business under each order of business.
Printing, Announcement of Printing and Enrollment of Bills.
Rule 19. The Clerk shall attend to the printing or reproduction of all bills, acts or documents ordered printed or reproduced by the House. The Clerk shall announce each day the numbers of all bills and joint resolutions, both House and Senate, which have been printed or reproduced and placed upon the files of the Members, and the number of House bills which have been enrolled and presented to the Governor.
Responsibility for Care of Bills; Presentation of Enrolled Bills to Governor.
Rule 20. The Clerk shall be responsible to the House for the care and preservation of each bill introduced into the House, and for each bill received from the Senate up to the time of its return to that body, which responsibility shall only be relieved by a receipt from a proper person when the bill passes from his or her possession. The Clerk of the House may be authorized by a motion to enroll a House bill while the House is not in session if that bill has passed both Houses and no action is pending. The Clerk of the House shall notify the House of such action on the next House legislative day. When a bill has been finally passed by the two Houses, the Clerk shall present to the Governor an enrolled copy thereof, taking a receipt therefor showing the day, hour and minute at which such copy was deposited in the executive office.
Appointment of Assistants.
Rule 21. The Clerk shall, by and with the consent of the Speaker, appoint an Assistant Clerk and other assistants in the performance of the duties required of the Clerk. All assistants of the Clerk and employees of the House assigned to the Clerk's office shall maintain a status as non-tenured, at-will employees. All assistants and employees of the House assigned to the Clerk's office work at the pleasure of the Clerk and/or Speaker, shall be subject to the orders of the Clerk and/or Speaker, and may be transferred to a different position, demoted, suspended, or summarily removed by the Clerk or Speaker. The compensation for assistants and employees of the Clerk's office shall be fixed as provided in Rule 9.
Accreditation of News Media.
Rule 22. The Clerk of the House shall pass upon the applications of all members of the news media. Persons desiring to be accredited as official media correspondents at the two-year session shall file a written application with the Clerk. When issuing credentials, the Clerk shall instruct the media person as to conduct on the House floor by issuing guidelines.
Members of the press corps shall comply with all House rules and guidelines and shall, while on the House floor during session, display credentials at all times.
Responsibility for Care of House and Televising House Session.
Rule 23. The Clerk of the House shall exercise supervisory care and control of the Hall of the House of Representatives and all House rooms and equipment assigned to the office of the Clerk. The Clerk shall from time to time, upon prior written authorization by the Speaker, have made such repairs and alterations in the House Chambers and the rooms and corridors connected therewith and their furniture and equipment, as may be necessary.
Consistent with the standing rules of the House and any guidelines or procedures adopted by the House Television Oversight Committee, the Clerk shall be responsible for televised coverage of House session.
Incapacity of Clerk.
Rule 24. In case of the inability of the Clerk, from sickness or other cause, to perform the duties of that office, the Assistant Clerk shall be charged with the responsibility of the Clerk and shall perform the Clerk's duties. In case a vacancy exists in the office of Clerk, during the interim of sessions, the Assistant Clerk shall assume the Clerkship and perform the duties of Clerk until a successor has been elected.
Notices in Cases of Extra Sessions.
Rule 25. Whenever the Legislature shall be called to meet in extraordinary session or in case of emergency, the Clerk of the House shall notify Members and staff of the date and time of convening.
SERGEANT AT ARMS
Definitions.
Rule 26. The Sergeant at Arms shall be the chief police officer of the House and shall be appointed by the Speaker.
Powers and Duties.
Rule 27. The Sergeant at Arms shall have charge, under the direction of the Speaker, of the Assistant Sergeants at Arms and pages, and control of all police regulations. The Sergeant at Arms shall have authority to serve subpoenas and warrants issued by the House or any duly authorized officer or committee, or cause the same to be done by one of the Assistant Sergeants at Arms, or a duly authorized agent. The Sergeant at Arms shall see that all visitors are seated and at no time are standing on the floor or balconies of the House. The Sergeant at Arms shall prohibit the use of portable telephones in the balconies and lounges of the House Chamber. The Sergeant at Arms shall ensure that reasonable decorum is maintained in the lobby immediately in front of the entrance to Representative Hall to ensure access for Representatives and to ensure equal treatment for all citizens.
CHAPTER III
MEMBERS
Conduct in Debate.
Rule 28. When any Member is about to speak in debate or present any matter to the House, the Member shall rise and respectfully address the Presiding Officer, confine remarks to the question under debate, avoid personalities, and reference by name.
Members Called to Order.
Rule 29. If any Member in speaking transgresses the rules of the House, the Presiding Officer shall, or any Member may, call the transgressor to order, in which case the Member so called to order shall immediately sit down and shall not rise unless to explain or proceed in order.
Times Members May Speak.
Rule 30. No Member shall speak more than once on the same question without leave of a majority of those present and voting, unless the Member be the prime mover of the matter pending, or Chair of the committee that reported it, in which case he or she shall be privileged to speak twice.
VOTING
Voting by the Electronic Roll Call System.
Rule 31. (a) When taking the yeas and nays on any questions to be voted upon, the electronic roll call system may be used, and when so used shall have the same force and effect as a roll call taken as otherwise provided in these rules.
When the House is ready to vote upon any questions requiring a roll call, and the vote is to be taken by the electronic roll call system, the Presiding Officer shall announce:
"The question before the house is (designating the matter to be voted upon). All in favor shall vote 'aye,' all opposed shall vote 'no.' The House will now proceed to vote."
When sufficient time has been allowed the Members to vote, the Presiding Officer shall announce: "Have all Members voted?" After a short pause, the Presiding Officer shall say: "The Clerk shall close the board." Any Member shall be privileged to vote or change his or her vote after the board has been closed by rising and, when recognized by the Presiding Officer, announcing his or her vote before the result of the vote has been announced by the Clerk. After a sufficient time has passed to allow late voting, the Presiding Officer shall say: "The Clerk shall announce and display the vote."
The Clerk shall immediately announce and display the result to the House. The Clerk shall enter upon the journal the result in the manner provided by the rules of the House.
No Member shall vote for another Member, nor shall any person not a Member cast a vote for a Member. In addition to such penalties as may be prescribed by law, any Member who shall vote or attempt to vote for another Member may be punished in such manner as the House may determine. If a person not a Member shall vote or attempt to vote for any Member that person shall be barred from the floor of the House for the remainder of the session and may be further punished in such manner as the House may deem proper, in addition to such punishment as may be prescribed by law.
(b) Upon the passage of any question the vote shall be taken by the yeas and nays and entered upon the journal of the House on request of one-fifth of the Members shown to be present by the journal entries. (See Const 1963, Art 4 § 18)
Vote Explanations.
Rule 32. (a) Any Member shall be privileged to reserve the right to explain his or her "no" vote on a record roll call vote, but the Member shall reserve the right at the time of voting and not otherwise. To be printed in the journal, the "no" vote explanation shall be submitted in writing to the office of the Clerk of the House within one hour of the time the privilege is requested. The "no" vote explanation shall not exceed three minutes verbally nor be greater than 500 words.
(b) If a Member desires to abstain from voting because of a potential conflict of interest, the Member may rise, announce his or her intent not to vote, and reserve the right to explain the abstention. If requested, the Member shall be granted the right to have the explanatory statement, not to exceed 100 words, printed in the journal. To be printed in the journal, the abstention from voting explanation shall be submitted in writing to the office of the Clerk of the House within one hour of the time the privilege is requested. The statement may also be read from the floor following explanation of "no" votes and shall not exceed three minutes.
(c) "No" vote explanations or explanations of abstention from voting shall not be edited by the Clerk before publication in the journal.
Voting Intention Explanations.
Rule 33. No Member shall enter in the journal his or her voting intention unless the Member was present that legislative day and was specifically excused from that portion of the session at which time the actual vote was taken.
Conduct.
Rule 34. While the Presiding Officer is putting any question, or the roll is being taken by the Clerk or any Member is speaking, the Members shall not entertain private discourse or pass between the Presiding Officer and the Member speaking.
The Members shall keep their seats until the Majority Floor Leader announces that no further voting will occur or the Presiding Officer announces that the House is adjourned.
CHAPTER IV
COMMITTEES
STANDING COMMITTEES
Names and Number of Members.
Rule 35. (a) All standing committees shall be appointed by the Speaker except where the House shall otherwise order.
(b) The standing committees of the House and the number of Members shall be as follows:
1. Agriculture and Resource Management (17)
2. Appropriations (27)
3. Conservation and Outdoor Recreation (15)
4. Constitutional Law and Ethics (9)
5. Criminal Law and Corrections (11)
6. Economic Development (9)
7. Education (17)
8. Employment Relations, Training and Safety (7)
9. Energy and Technology (21)
10. Family and Children Services (9)
11. Family and Civil Law (11)
12. Gaming and Casino Oversight (9)
13. Great Lakes and Tourism (17)
14. Health Policy (17)
15. House Oversight and Operations (7)
16. House Television and Oversight (6)
17. Insurance and Financial Services (21)
18. Local Government and Urban Policy (11)
19. Regulatory Reform (9)
20. Senior Health, Security and Retirement (11)
21. Tax Policy (17)
22. Transportation (17)
23. Veterans Affairs (7)
Statutory Standing Committees:
1. Administrative Rules (5)
2. House Fiscal Agency (6)
3. Legislative Council (6)
4. Legislative Retirement (4)
5. Michigan Capitol Committee (4)
(c) Any Member of any committee who is absent from attendance at any such committee meetings for three committee meetings, unless excused from attendance by the committee according to Rule 36, shall be automatically dropped from membership on such committee, and the committee automatically reduced unless the Speaker of the House shall fill such vacancy. Each committee clerk shall keep a record of attendance at all committee meetings, and shall make a written report to the office of the Clerk of the House showing the names of those present, the names of those absent, and the names of those excused from attendance, which shall be entered upon the journal of the House. When a Member has been absent for three meetings of a committee without proper excuse, the Clerk of the House shall report the name of such Member, together with the dates of said meetings, to the Speaker of the House, and advise the Member of such action. The Speaker of the House shall then fill such vacancy by appointing a Member to the committee.
(d) The daily journal of the House shall report the roll call on all motions to report bills, joint resolutions and reorganization orders. (See Const 1963, Art 4 § 17)
(e) Committees shall adopt a meeting schedule at the commencement of each term which shall be printed in the journal of the House. Additional meetings may be called by the Chair or by a majority of the Members in writing to the Clerk of the House. The Chair may cancel any scheduled meeting, except one called by a majority of the Members, by notice to the Members.
Uniform Committee Rules.
Rule 36. (a) Committees and subcommittees shall operate under the rules of the House and the uniform committee rules which shall be published in the journal of the House. The Clerk of the House shall assign committee clerks with the approval of the respective committee Chairs. Duties of committee clerks shall be prescribed by the Clerk of the House.
(b) Special committees shall operate under the same rules as standing committees insofar as practical. Conference committees on House bills shall meet at a place assigned by the Clerk.
(c) All committees will operate under the following rules and other uniform committee rules as determined and published by the Speaker:
1. A quorum of a committee shall consist of a majority of the Members appointed and serving.
2. Members of standing committees may not check in for a committee meeting and leave their vote. Members of committees may only cast a vote if they are present at the meeting during the vote.
3. It shall require an affirmative vote of a majority of the Members appointed to and serving on a committee in order to:
a. Report a bill or resolution out of committee.
b. Amend or substitute a bill or resolution.
c. Reconsider a vote to report a bill or joint resolution from committee.
4. Provided a quorum of a committee is present, it shall require an affirmative vote of a majority of the Members present and voting in order to:
a. Table a bill or resolution.
b. Take a bill or resolution from the table.
c. Reconsider a vote, other than in Rule 3c.
5. It shall require an affirmative vote of a majority of the Members present and voting in order to:
a. Postpone action on a bill or resolution.
b. Recess.
c. Adjourn a meeting.
6. Each chair of a standing committee shall determine the agenda for a committee meeting.
7. The chair of a standing committee may create subcommittees and shall designate the bill(s), resolution(s) or topic(s) to be considered by each subcommittee. The chair of the standing committee shall designate a chair of the subcommittee and shall appoint Members to each subcommittee.
Subcommittees of standing committees shall follow the same rules as standing committees.
Meetings or public hearings of committees may be scheduled outside of Lansing with prior written approval of the Speaker. Subcommittees must have the prior written approval of the chair of the standing committee and the Speaker in order to conduct a public hearing or meeting outside of Lansing.
8. All meetings or public hearings of committees or subcommittees shall comply with the following procedures in order to assure public access (See Const 1963, Art 4 §§ 16 and 17):
a. All meetings or public hearings shall be open to the public and accessible.
b. The right of any person to attend a meeting or public hearing includes the right to tape-record, videotape, and/or broadcast live on radio or television.
c. As defined in subrule (b), the right of any person to attend a meeting or public hearing may not be conditioned on prior approval of, or notice to, the committee or subcommittee.
d. All decisions of a committee or subcommittee shall be made at a public meeting. A committee may not round robin a bill nor may the roll call vote of a committee be left open.
e. The right of a person to attend a meeting or public hearing shall not be limited by a requirement that she or he register or otherwise provide his or her name or other identifying information to the committee, the committee chair, a subcommittee or a subcommittee chair.
f. A person shall not be excluded from a meeting or public hearing of a committee or subcommittee except for a breach of the peace or in order to protect the health and safety of all persons in attendance at the meeting.
g. A rescheduled or a special meeting of a committee or subcommittee shall be posted at least 18 hours before the scheduled meeting time. No committee or subcommittee shall remain in session or stand in recess beyond the hour of 12:00 midnight.
h. Notice of committee or subcommittee meetings or public hearings shall include notice that handicapped individuals needing special services to fully participate in the meeting or public hearing may contact the committee or subcommittee chair to request the necessary assistance.
9. Each committee shall have written minutes prepared of each meeting. The minutes shall include the date, time, place, Members present, Members absent, Members excused, and any decisions which were made. The minutes shall also include all roll call votes taken at the meeting. The proposed minutes of a meeting shall be available for inspection by the public within 8 working days of the meeting. Minutes shall be approved by the committee at a subsequent meeting. Approved minutes shall be available for public inspection no later than 5 working days after approval.
10. Committees shall excuse a Member from attending a committee meeting on account of illness, or because of death in the family, or serious family illness, or because the Member is in attendance at some other committee meeting. A committee shall excuse a Member from attending a committee meeting if he or she has been excused from the day's session of the House. A committee may excuse a Member from attending a committee meeting for other appropriate reasons, as determined by the committee.
11. Committees shall not meet during a session of the House without the consent of the House.
12. There shall be no smoking during a meeting of a standing committee or a subcommittee.
13. To the extent practical, special committees shall follow the same rules as standing committees of the House.
14. Portable telephones shall not be used in a room in which a committee of the House is meeting while that meeting is occurring.
15. With approval of a majority of the Members appointed and serving on the committee, a committee may adopt additional rules provided they do not conflict with the Uniform Standing Committee Rules or with the Standing Rules of the House.
Chair of Committee.
Rule 37. The first named Member of any committee shall be the Chair, and the second named Member shall be Vice-Chair. In the absence of both the Chair and Vice-Chair the next named Member of the Majority party in attendance shall act as Chair. The Chair or any Member of the committee may place under oath or affirmation any person who appears to testify before the committee.
House Oversight and Operations Committee and Auditor General Reports.
Rule 38. The House Oversight and Operations Committee shall receive all reports presented by the Legislative Auditor General. The House Oversight and Operations Committee shall review the report and, if appropriate, refer the Auditor General reports to the appropriate standing committee for consideration. After reviewing the report, the standing committee shall report its response to the Auditor General's report to the House Oversight and Operations Committee within 60 days of the date of referral. Consideration by the standing committee shall not impede or preclude any Member from initiating any action in response to the Auditor General report.
House Television and Oversight Committee.
Rule 38a. (a) The House Television and Oversight Committee shall have 6 Members and membership shall be evenly divided between the two parties. The Members of the committee shall be: the Speaker, the Majority Floor Leader, the Minority Leader, the Minority Floor Leader. In addition to the individual Members designated by this subsection, one Member from each caucus shall be appointed by each respective caucus leader.
(b) The House Television and Oversight Committee shall meet at least twice annually and shall adopt such policies as are necessary to provide for the orderly televising of coverage of all House sessions. The committee shall also recommend to the House any revisions to the standing rules of the House which it determines are necessary to ensure that all televised coverage of House proceedings are consistent with acceptable standards of dignity, propriety and decorum.
Subpoena Power.
Rule 39. The right of a committee to subpoena shall be granted only by resolution of the House. The vote on adoption of a subpoena power resolution shall be by record roll call vote. The votes of a majority of the Members elected and serving shall be required for adoption.
Sitting of Committees During Sessions of the House.
Rule 40. No committee shall sit during the sessions of the House, without leave of the House. Any committee thus excused shall be deemed to be present on a Call of the House.
Reports of Committees.
Rule 41. A committee may recommend amendments, a substitute, or referral to another committee, with or without recommendation as to passage.
Substitute bills shall be prepared by the Legislative Service Bureau prior to reporting by the committee. A majority of the Members serving on a committee shall be necessary to report a bill out of the committee. A majority of the Members appointed to a committee and serving shall constitute a quorum. The Chair and Minority Vice-Chair or Majority and Minority Floor Leaders may designate their respective floor manager on any bill reported from the committee. The prime sponsors and Members designated as a floor manager shall be the first recognized by the Presiding Officer to speak in floor debate. Minority reports shall not be permitted or received by the House. Bills reported without recommendation as to passage shall lie on the table.
All bills favorably reported back to the House shall be referred to second reading together with amendments recommended by the standing committee, except that every bill appropriating public money or property when reported back to the House by any standing committee other than the Committee on Appropriations, together with amendments that may be recommended by such standing committee shall be referred directly to the Committee on Appropriations for consideration and, when favorably reported back to the House by the Committee on Appropriations (whose committee report shall also include the amendments, if any, that were recommended by the standing committee which first considered the bill), the bill shall be referred to second reading. If more than one standing committee has considered a bill, the amendments recommended by each committee shall be considered in the chronological order of committee consideration and the report of the last committee to consider the bill shall contain the amendments recommended by the previous committees.
Public Hearings.
Rule 42. A committee may provide for a public hearing on any bill referred to that committee. Notice of such hearing, its subject, time and place, shall be given in writing to the Clerk of the House who shall announce the hearing to the House, publish it in the journal and in the House calendar and post it on the bulletin board designated by the Clerk for the posting of such notices.
CHAPTER V
TRANSACTION OF BUSINESS
Order of Business.
Rule 43. The order of business of the House shall be as follows unless otherwise ordered by the House:
1. Motions and Resolutions.
2. Reports of Select Committees.
3. Reports of Standing Committees.
4. Messages from the Senate.
5. Third Reading.
6. Second Reading.
7. Notices.
8. Announcement by the Clerk of Printing and Enrollment.
9. Messages from the Governor.
10. Comments and Recommendations.
11. Explanation of "No" Votes.
12. Communications from State Officers.
13. Introduction of Bills.
14. Announcements by the Clerk.
15. Presentation of Petitions.
Routine business on which no vote of the House is required may be disposed of on any day, with or without a quorum present, and proper entries thereof shall be made in the journal. If a quorum is not present, any item of business becoming the subject of a floor motion shall forthwith be postponed to the next legislative day.
The business of the House shall not be delayed or interrupted by speeches by nonmembers, presentations, awards, ceremonies or musical programs, unless, on motions of the Majority or Minority Floor Leader, the House shall by vote of the majority of Members elected and serving, on a record roll call vote, agree to set aside a specific time for such purposes. Such time shall be after all other legislative business has been completed. Such motion shall be made not later than 24 hours prior to the time proposed to be set aside.
BILLS
Introduction.
Rule 44. All bills to be introduced shall be approved as to form and numbering of sections by the Legislative Service Bureau, be signed by the Member introducing them, and ten copies of each shall be handed to the office of the Clerk not later than 3 p.m. the day prior to calling the House to order. The Clerk shall number bills in the order of receiving, and present the same to the House at the next session of the House. If a bill has for its purpose the changing of the charter of a corporation, at least one day's notice shall be given either from the floor of the House or in writing to the Clerk and shall contain the title of the bill and shall be spread upon the journal. All bills shall be introduced in typewritten or printed form.
Once a bill has been turned into the Clerk's office for introduction, a Member may add his or her signature as a co-sponsor only with the permission of the sponsor.
No person may add or remove any signature, other than his or her own, from a bill being introduced.
Order of Consideration.
Rule 45. The regular order to be taken by bills introduced in the House shall be as follows:
l. Notice of introduction. (If a bill proposes an amendment to an act of incorporation.)
2. Introduction, first reading of title, order printed or reproduced and reference to a standing committee designated by the Speaker.
3. Report by the committee and placing on Second Reading. (If an appropriation bill, or one involving the expenditure of money from any fund of the State treasury for any purpose, reference to the Committee on Appropriations, report by that committee and placing on Second Reading.)
4. Consideration of Second Reading in order of reference.
5. Third Reading and vote on passage.
6. Transmission to Senate if passed.
7. Returned by the Senate, and, if not amended by the Senate, reference to the Clerk for enrollment printing; if amended by the Senate, laying over one day, and consideration under the same order of business (Messages from the Senate); and (if amendments are concurred in) reference to the Clerk for enrollment printing.
8. Report by Clerk of enrollment printing and presentation to the Governor. Senate bills shall, as far as possible, take the same course as House bills.
All joint resolutions proposing amendments to the Constitution shall take the same course as bills and shall be identified by letter, i.e., "A", "B", "C", etc.
Nothing in these rules shall prevent a majority of the Members elected to and serving in the House from discharging a committee from further consideration of any measure. (See Const 1963, Art 4 § 16) A notice of at least one day shall be given of a motion to discharge any such committee, the notice to be in writing and entered upon the journal. If a committee of the House is discharged from further consideration of a bill, the bill shall be referred to the order of Second Reading.
Such notice may be offered again on any succeeding legislative day of the same legislative session, but not upon the same day, nor more than a second time by the same Member.
Reading.
Rule 46. Every bill shall be read three times in the House before its final passage. (See Const 1963, Art 4 § 26) The first and second readings may be by its title only, but the third reading shall be in full unless otherwise ordered by 4/5 of the Members present and voting in the House.
No bill shall be passed or become a law at any regular session until it has been printed or reproduced and in the possession of the House for at least five days. (See Const 1963, Art 4 § 26)
The Speaker or his or her designee may direct that a bill be printed or reproduced out of order.
Commitment and Amendment.
Rule 47. No bill shall be referred to a committee until it has passed its first reading. No bill shall be altered or amended on its passage through the House so as to change its original purpose as determined by its total content and not alone by its title. (See Const 1963, Art 4 § 24)
Referral to Second Reading.
Rule 48. All bills reported favorably by any committee of the House shall be referred to the order of Second Reading. Such bills shall be kept on file in the order of referral for consideration, and such file shall be called "Second Reading."
Second Reading.
Rule 49. When the House shall have arrived at "Second Reading" it shall consider the bills in the order of referral or such order as may be determined by a majority of those voting. Appropriation bills shall be considered an exception to this rule and shall be placed at the head of the calendar for that order each day and shall be given preference in printing and reproduction over other bills. No appropriation bill shall be read a third time within five calendar days after the bill has been reported by the Committee on Appropriations and received by the Clerk.
Second Reading Amendment.
Rule 50. Under the order of Second Reading, bills shall be read a second time. Committee recommendations, committee substitutes, and committee amendments shall be considered first. Amendments to committee substitutes or committee amendments shall not be considered until such committee substitutes or amendments have been adopted by the House. Amendments offered from the floor shall be submitted to the Clerk and shall be approved as to form by the Clerk before consideration.
When a substitute is offered by a Member or Members, amendments to the proposed substitute shall not be considered before the proposed substitute is adopted.
After an amendment has been turned into the Clerk's office, a Member may not add his or her name as a co-sponsor without the approval of the sponsor.
On motion a bill may be advanced to the order of Third Reading by a majority of the Members voting. Such motion shall take precedence following the motion to amend.
The body of a bill shall not be defaced or interlined.
Amendment; Vote.
Rule 51. No bill shall be amended prior to its Second Reading. Bills which have been considered on Second Reading by motion and concurrence of a majority of the Members voting shall be advanced to the order of Third Reading. Bills shall be subject to all subsidiary motions on Third Reading. Amendments offered on Third Reading shall not be considered nor printed in the journal unless seconded by a majority of the Members voting. Amendments on Second or Third Reading shall require a majority of the Members elected and serving for adoption. This requirement shall apply to amendments in the first and second degree and no further degree shall be permitted. A substitute shall be considered an amendment in the first degree.
Amendment; Third Reading.
Rule 52. Bills may be considered for final passage, by a suspension of the rules, without having been considered on Second Reading and may then be amended prior to their passage by a majority vote of the Members elected and serving. Bills considered on Second Reading may be placed on Third Reading for immediate passage by motion and concurrence of a majority of the Members elected and serving.
After an amendment has been turned into the Clerk's office, a Member may not add his or her name as a co-sponsor without the approval of the sponsor.
Bills failing of passage will be subject to reconsideration and if reconsidered will be subject to consideration on the order of Third Reading.
Legislative Appropriations Bills.
Rule 53. Any bill proposing to make appropriations for the legislative branch of government shall not be given final approval by the House of Representatives until each Member has been provided with a written report of the estimated expenditures for the House for the fiscal period for which the appropriations are being made. The report shall include the following categories of information concerning the House: number of full-time equivalent positions for the entire House of Representatives; Members of the House of Representatives: salary and salary-related expenses, travel expenses, State Officers Compensation Commission payments and benefits; offices of Members of the House of Representatives: number of full-time equivalent positions, salary and salary-related expenses, travel expenses, and benefits; Caucus Central Staffs: number of full-time equivalent positions, salary and salary-related expenses, travel expenses, and benefits; House Business Office: number of full-time equivalent positions, salary and salary-related expenses, travel expenses, benefits, and operational overhead for the House of Representatives; Office of the Clerk and Sergeant at Arms: number of full-time equivalent positions, salary and salary-related expenses, travel expenses and benefits; House Fiscal Agency: number of full-time equivalent positions, salary and salary-related expenses, travel expenses, benefits, and operational overhead.
Not later than February 1, each Member of the House of Representatives shall receive a written year-end report for the preceding fiscal year detailing the expenditures of the House of Representatives. The year-end report shall be printed in the format outlined in this rule.
Nothing in this rule shall require the disclosure of information which is exempt from disclosure pursuant to Rule 78 of these rules.
Majority Vote on Bills.
Rule 54. No bill shall become a law without the concurrence of a majority of the Members elected to and serving in the House. On the final passage of bills, the votes and names of the Members voting thereon shall be entered in the journal. (See Const 1963, Art 4 § 26)
After a House bill has been passed, or upon final action on a House bill returned from the Senate, a Member may add his or her name as a co-sponsor to a bill with the approval of the sponsor or the sponsor's motion to open the board for that purpose.
Extraordinary Vote Requirements.
Rule 55. (a) Action by the House on any of the following matters shall require the vote of two-thirds of the Members elected and serving:
Rejection of Recommendations of State Officers Compensation Commission (See Const 1963, Art 4 § 12)
Expulsion of Member (See Const 1963, Art 4 § 16)
Immediate Effect (See Const 1963, Art 4 § 27)
Local or Special Act (See Const 1963, Art 4 § 29)
Private or Local Purpose Appropriation (See Const 1963, Art 4 § 30)
Overriding Veto or Line Item Veto (See Const 1963, Art 4 § 33)
Bank and Trust Company Laws (See Const 1963, Art 4 § 43)
Create Courts of Limited Jurisdiction (See Const 1963, Art 6 § 1)
Removal of Judges (See Const 1963, Art 6 § 25)
Long Term State Borrowing (See Const 1963, Art 9 § 15)
State Land Reserve Designation (See Const 1963, Art 10 § 5)
Rejection or Reduction of Civil Service Pay Increases (See Const 1963, Art 11 § 5)
Constitutional Amendment (See Const 1963, Art 12 § 1)
Exceed Revenue Limits (See Const 1963, Art 9 § 27)
Mackinac Bridge Bonds Refunding (See Schedule, Const 1963 § 14)
(b) Action by the House on any of the following matters shall require the vote of three-fourths of the Members elected and serving:
Any law which increases the February 1, 1994, statutory limits on the maximum amount of ad valorem property taxes that may be levied for school district operating purposes (See Const 1963, Art 9 § 3)
Amendment or Repeal of Initiated Law (See Const 1963, Art 2 § 9)
Title; Object; Reference to Compiler's Sections.
Rule 56. No bill shall embrace more than one object, which shall be expressed in its title. No bill shall be altered or amended on its passage through the House so as to change its original purpose as determined by its total content and not alone by its title. (See Const 1963, Art 4 § 24) If the bill proposes any amendment to existing laws, the sections of which have been assigned compiler's section numbers in the last general compilation or public acts, the title shall contain also a reference to the compiler's sections.
SPECIAL ORDERS
Unfinished Special Orders.
Rule 57. Any subject matter made the special order for a particular day not having been reached on that day shall come up for consideration under the same order on the next succeeding legislative day. The motion to place a bill on the special orders may be made only by the Majority or Minority Floor Leaders.
MOTIONS AND RESOLUTIONS
IN GENERAL
Stating Motions.
Rule 58. When a motion is made, and when necessary under the rules, seconded, it shall be stated by the Presiding Officer; or, if in writing, it shall be handed to and read aloud by the Clerk before being debated.
Reduced to Writing.
Rule 59. Every motion shall be reduced to writing if the Presiding Officer or any Member shall request it, and shall be entered upon the journal, together with the name of the Member making it, unless withdrawn upon request of the Member making it and by a majority vote of those present and voting, or ruled out of order by the Presiding Officer.
When in Possession; Withdrawal.
Rule 60. After a motion has been stated by the Presiding Officer, or read by the Clerk, it shall be deemed to be in the possession of the House, but may be withdrawn at any time before decision or amendment upon request of the Member making it and by a majority vote of those present and voting.
Precedence of Motions.
Rule 61. When a question is under debate, no motion shall be received except:
1. To adjourn.
2. To take a recess.
3. To reconsider.
4. To lay on the table.
5. For the previous question.
6. To postpone to a day certain.
7. To commit.
8. To amend.
9. To postpone indefinitely.
Such motions shall take precedence in the order in which they stand arranged, and shall be decided by a majority vote of those Members present and voting, except the motion to postpone indefinitely and a motion to amend shall be decided by a majority vote of the Members elected and serving. When a recess is taken during the pendency of any question, the consideration of such question shall be resumed upon reassembling unless otherwise determined. No motion to postpone to a day certain, or to commit, being decided shall be again allowed on the same day and at the same stage of the question. A motion to postpone indefinitely having been decided shall not be subject to reconsideration. When a bill is up for consideration at any stage of procedure, and a motion is made to postpone indefinitely, or to strike out all after the style clause, amendments shall be in order before taking a vote on any such motion.
Always in Order; Not Debatable.
Rule 62. The following motions are not debatable:
1. Adjourn.
2. Call of the House.
3. Recess.
4. Previous Question.
5. Table or take from the table.
6. Decision of Presiding Officer unless an appeal is taken.
The following motions are debatable but do not open the main question to debate:
1. Commit.
2. Discharge a committee.
3. Postpone to a time certain.
4. Suspension of the Rules.
Order of Putting Questions.
Rule 63. All questions shall be put in the order they were moved, except in the case of privileged questions.
Amendments to be Germane.
Rule 64. No independent or new proposition or new question shall be introduced under color of an amendment. All amendments must be germane to the main question. When the question of germaneness is raised, the Presiding Officer shall rule on the question.
Division of Question.
Rule 65. Any Member may call for a division of the question, and if supported by a majority vote of the Members present and voting, the question shall be divided if its components are so distinct that if one is taken away a substantive proposition shall remain for the decision of the House. A motion to strike out and insert shall be deemed indivisible.
MOTIONS FOR THE PREVIOUS QUESTION
Method of Ordering.
Rule 66. The method of ordering the previous question shall be as follows: Any Member may move the previous question, and the motion shall apply to the pending question only. This being seconded by at least ten Members, the Presiding Officer shall put the question, "Shall the main question now be put?" This shall be ordered only by a majority of the Members present and voting. After the seconding of the previous question and prior to ordering the same, a Call of the House may be moved and ordered, but after ordering the previous question nothing shall be in order prior to the decision of the pending question, except demands for the yeas and nays, points of order, appeals from the decision of the Presiding Officer, and a motion to adjourn or to take a recess, which shall be decided without debate. The effect of the previous question shall be to put an end to all debate and bring the House to a direct vote upon the pending question. If the House shall refuse to order the pending question, the consideration on the subject shall be resumed as though no motion for the previous question had been made. No protest may be entered under the previous question.
MOTIONS TO RECONSIDER
Motions for Reconsideration.
Rule 67. Any Member may move for a reconsideration of any question on the same or next succeeding legislative session day. Reconsideration of the vote by which a bill passed the House, or any proposition requiring a vote in excess of a majority of Members elected and serving for adoption, shall require a majority of the Members elected and serving. The motion to reconsider shall not be renewed the same day. The same question shall not be reconsidered more than twice. A motion to reconsider any question shall not be subject to any subsidiary motion except to postpone for the day. The question of passing a bill the objections of the Governor notwithstanding shall not be reconsidered more than twice.
Notice of Reconsideration.
Rule 68. A notice of intention to move for a reconsideration of any bill may be given by any Member from the floor of the House or in writing to the Clerk, which shall be immediately announced by the Clerk, spread upon the journal, and the bill shall be retained by the Clerk of the House until after the time expires during which under Rule 67 the motion can be made, either by the Member serving such notice or by any other Member. Notice of intention shall not be in order on the day preceding a recess of one week or more, unless supported by two-fifths of the Members shown to be present by the journal entries, or at a time which would prevent passage of the bill. No other Members may move for reconsideration on the same day that notice of intention to move for a reconsideration is given.
Majority Vote.
Rule 69. Any proposition which requires for its adoption a two-thirds or three-fourths vote may, upon failure of adoption, be reconsidered by a majority vote of the Members elected and serving.
MOTIONS FOR CALLS OF THE HOUSE
Ordering Calls of the House.
Rule 70. Calls of the House may be ordered upon motion by a majority of the Members present, but the total vote in favor of such Call shall not be less than fifteen in number. A motion for a Call of the House shall not be entertained after the previous question is ordered.
Procedure.
Rule 71. After a Call of the House is ordered, the doors shall be closed and the Members shall not be allowed to leave the floor of the House without permission of the Speaker or the Speaker's designees. The roll of the House shall be called by the Clerk and the absentees noted. The Sergeant at Arms may, upon motion, be dispatched after the absentees. In such case a list of the absentees shall be furnished by the Clerk to the Sergeant at Arms, who shall report such absentees at the bar of the House with all possible speed. In case the Sergeant at Arms shall require assistance in addition to the regularly appointed Assistant Sergeants at Arms of the House, during an authorized Call of the House, the Speaker or Presiding Officer may, upon motion, deputize any person properly qualified, including any member of the Michigan State Police, as a special assistant Sergeant at Arms. The House may proceed to business under a Call of the House pending the arrival of any absentees.
APPEALS
Form of Question.
Rule 72. On all appeals from the decisions of the Presiding Officer, the question shall be "Shall the judgment of the Chair or Presiding Officer stand as the judgment of the House?" which question shall be decided by a majority vote of those present and voting, by a roll call vote. A tie vote sustains the judgment of the Presiding Officer.
Debate.
Rule 73. No Member shall speak more than once on the question of an appeal without leave of the House by a majority vote of those Members present and voting.
Tabling Appeals.
Rule 74. An appeal may be laid on the table but shall not carry with it the subject matter before the House at the time such appeal is taken.
Amendment or Suspension of Rules.
Rule 75. (a) Any rule of the House may be amended by a majority vote of the Members elected and serving. No rule shall be amended unless the amendment is in writing and in possession of the House five days prior to its consideration. A rule may be suspended by a vote of three-fifths of the Members shown to be present by the journal entries.
(b) Suspension of rules governing the operation or televising of House session shall be by record roll call and shall require the approval of three-fifths of the Members present and voting.
(c) Suspension of the rules as applied to matters pertaining to order of business, schedule of legislative sessions and adjournment may be by a majority vote of the Members elected and serving.
Practice.
Rule 76. In all cases not provided by the Constitution, the House Rules, or the Joint Rules of the Senate and House of Representatives, the authority shall be Mason's Manual of Legislative Procedure.
House and Concurrent Resolutions.
Rule 77. Every resolution, both House and Concurrent, shall be read to the House, if not otherwise provided for, and shall be referred by the Speaker to a committee, or by the Presiding Officer to a committee designated by the Speaker unless under suspension of the rules immediate consideration is ordered. Resolutions of sorrow may be considered immediately upon presentation. All resolutions reported to the House by any standing committee shall not be eligible for consideration until the next legislative session day. The adoption of any concurrent resolution approving any intertransfer or transfer of any appropriation shall be by record roll call vote.
CHAPTER VI
PUBLIC ACCESS
FINANCIAL RECORDS
Rule 78. The financial records of the House of Representatives shall be open for public inspection. Upon a written request which describes the financial record sufficiently to enable the House of Representatives to find the financial record, a person has a right to inspect, copy, or receive copies of that financial record of the House of Representatives. Documents shall be available for inspection during normal business hours.
A copy of the House financial records shall be on file with the House Business Office, which shall have overall authority to administer the House financial records under the direction of the Speaker of the House.
As used in this section, "financial record" means a budget, contract, purchase order, an expenditure authorization, voucher, check, warrant, lease, audit report, balance sheet, travel voucher, or allotment account.
The following information contained in legislative financial records is exempt from disclosure under this rule:
a. Information of a personal nature contained in financial records where the public disclosure of the information would constitute a clearly unwarranted invasion of an individual's privacy is exempt from disclosure under this rule. Such information would include, but not be limited to, the following:
1. An employee's social security account number, financial institution record, electronic transfer fund number, deferred compensation, savings bonds, W-2 and W-4 forms, and any court enforced judgments.
2. An employee's health care benefit selection.
3. Telephone bill detail including the telephone number and name of individual called.
4. Unemployment Compensation and Workers' Disability Compensation records.
b. Records and information specifically described and exempted from disclosure under statute or subject to attorney-client privilege.
c. A bid or proposal by a person to enter into a contract or agreement, until the time for the public opening of bids or proposals, or if a public opening is not to be conducted, until the time for the receipt of bids or proposals has expired.
d. Commercial or financial information or trade secrets voluntarily provided to the House of Representatives.
e. Communications, notes, and electronic data within the House of Representatives or between the Legislature and other public bodies of an advisory nature.
The House of Representatives may charge a reasonable fee for providing a copy of a financial record. The fee shall be limited to actual mailing costs and to the actual incremental cost of duplication or publication including labor, the cost of search, examination, review, and the deletion of exempt from nonexempt information.
The House of Representatives may also charge a reasonable fee for providing for the inspection of financial records. This fee may include the actual incremental cost of supervising the inspection including labor, the cost of search, examination, review, and the deletion of exempt from nonexempt information.
Rule 79. The House may adopt any such other rules and policies as are necessary to provide for the orderly dissemination of materials to and communication with the public including, but not limited to, dissemination and communication by electronic means.
Televising of House Session.
Rule 80. (a) Nothing in these rules shall prohibit the televising of sessions of the Michigan House of Representatives.
(b) The televised coverage of sessions of the Michigan House of Representatives by House television shall be made available for dissemination, pursuant to subsection (d).
(c) All televised coverage of House session shall be unedited.
(d) No portion of the coverage (either live or taped) authorized pursuant to subsection (b) may be utilized in any fashion for campaign or political purposes or to promote or oppose a ballot issue or the candidacy of any person for any elective office. Only accredited news organizations, educational institutions, and non-profit public affairs documentary programs may utilize any portion of the House television feed. No part of the House television feed may be used in any paid commercial advertisements.
CHAPTER VII
MISCELLANEOUS
READING, ENDORSEMENT OF PAPERS AND PERSONAL PRIVILEGE
Reading and Personal Privilege.
Rule 81. (1) When the reading of a paper is called for and an objection is raised to such reading, the House by a majority vote of the Members present and voting shall determine whether or not the paper shall be read.
(2) Matters involving personal privilege are limited and include only the following:
a. Anything tending to subject a Member to ridicule or contempt.
b. Charges in news media accounts relating to a Member in his or her representative capacity only.
c. News media accounts attributing to a Member remarks he or she has not made.
d. Accusation by another Member in debate of intentional misrepresentation.
e. Assault on a Member for words spoken in debate.
f. Arrest of a Member except for treason, felony or breach of the peace.
Under a question of personal privilege a Member is required to confine his or her remarks to the matter of personal concern. All statements of personal privilege and all constitutional protests shall be made under the order of Comments and Recommendations and shall not exceed three minutes nor be greater in length than 500 words.
Expungement of Records and Petitions.
Rule 82. Any Member may dissent from and protest against any act, proceeding or resolution which he or she deems injurious to any person or the public and have the reason for such dissent entered in the journal. Any matter may be expunged from the record as not being privileged by order of the House by a majority of the Members elected and serving. When any matter is ordered expunged from the record, as above provided, no mention shall be made of the same nor of the action of the House in ordering such expunction.
No memorial, remonstrance or petition, except recount petitions, shall be printed in the daily journal without having been read to the House and ordered printed in the journal by a majority vote of those present. Remarks made under the order of business of Comments and Recommendations shall not be printed in the journal.
QUALIFICATIONS OF MEMBERS
Oath of Office.
Rule 83. Upon objection by any Representative or Representative-elect, no Representative-elect shall be given the oath of office or be permitted to be seated as a Member if he or she has previously been convicted of any election law violation which contributed to his or her election to the House of Representatives, subversion or has within the preceding 20 years been convicted of a felony involving a breach of public trust. (See Const 1963, Art 4 § 7) Upon a finding by a majority vote of the Members elected and serving in the House that the offense committed by such Representative-elect is within the provisions of this rule, that person shall be declared to be not qualified for membership in the House, and the office shall be declared vacant. The question of a Member's qualifications shall be presented only by a Member.
CHAPTER VIII
EQUALLY DIVIDED HOUSE
Rule 84. If at any time during the Ninetieth legislative session, there are 55 Members duly elected and serving as Democrats as evidenced by the party he or she represented on the general or special election ballot from which he or she was elected to the Ninetieth legislative session, and 55 Members duly elected and serving as Republicans as evidenced by the party he or she represented on the general or special election ballot from which he or she was elected to the Ninetieth legislative session, then the House of Representatives shall proceed with the election of a Speaker and other officers provided for in Rule 1 by at least 56 votes.
Pending the reference of the resolution to a committee,
Rep. Raczkowski moved that Rule 77 be suspended and the resolution be considered at this time.
The motion prevailed, 3/5 of the members present voting therefor.
The question being on the adoption of the resolution,
The resolution was adopted.
______
The Acting Clerk announced that the next business in order was the election of the Speaker.
Rep. Raczkowski moved that the rules be suspended to allow the remarks of Rep. Jansen, Rep. Hanley and Speaker Perricone to be printed in the Journal.
The motion prevailed, 3/5 of the members present voting therefor.
Rep. Jansen placed in nomination the name of Rep. Charles R. Perricone.
Rep. Jansen:
"Thank you Mr. Clerk. Mr. Clerk, fellow members, your families and those assembled to join our swearing in. I rise to place in nomination for the Office of Speaker of the House of Representatives, Charles Perricone.
Representative Perricone has come to this hour and this day by his hard work, his experience as a committee chairman and assistant leader of our Republican Caucus, and as a student of this House and its traditions. We know him by his energy, by his commitment to ideas and his efforts in fighting for public policies. Now we will ask you to support him to lead us forward in this unknown future.
This 90th session of the Michigan Legislature will be unlike any before it or any yet to come. The one measure of our success will be the same as for all the Legislatures before us and all those that will follow: 'Have we faithfully served the people of our State as their representatives in state government?' Representative Perricone has never forgotten this essential link between citizens and their elected officials. He will lead this House of Representatives in service and in serving our constituents, our neighbors, our families and our taxpayers.
Mr. Clerk, I am proud to have the honor of placing our colleague in nomination for this most honorable and important post. I hereby nominate Representative Charles Perricone from the 61st District for the Office of Speaker of the House of Representatives."
Rep. Hanley seconded the nomination of Rep. Charles R. Perricone.
Rep. Hanley:
"Thank you Mr. Clerk. Mr. Clerk and House colleagues, I rise today to second the nomination of Charles Perricone as Speaker of the House. I want to begin my remarks by congratulating our 64 colleagues who take office for the first time today. My hope is that your service here will be one of the most remarkable experiences of your lives. I also congratulate all of you who rejoin the House today. I'm sure we're united by our desire to leave the election behind and get to the people's business.
Since Speaker elect Perricone and I arrived in this House for the first time in 1995, we have each been called to leadership in our respective caucuses. Indeed, it has been a challenging and exciting journey. As you said, Chuck, on the day I called to congratulate you on capturing the majority in the last election, few can imagine the emotions of one who is called to lead among leaders and experiences on that road. Today, I congratulate you, along with your Republican colleagues for a hard fought campaign which resulted in victory for your caucus. We serve at a historic moment for our institution. Term limitations recently swept away hundreds of years of experience from our House. Chuck, you and I had the privilege of learning and growing while serving with the 64 members who recently departed. Today, their hopes, and the hopes of all who care for good government in Michigan, are with you, and me and all of our colleagues, that we will work together to preserve all the things of great value in this institution, while adapting it to the new opportunities it faces in this new era. In a larger sense, we serve at an even more historic moment. We stand on the threshold of the 21st century, the gateway to a new millennium. The world is changing faster than ever before. New opportunities and new perils face our people as we race into the future. Our people seek a government which boldly responds to these opportunities and risks, and moves us forward to be a stronger state, and a stronger society. They care not whether the solutions are offered by Democrats or Republicans. They care only that we successfully endeavor to create a brighter future for all of our children.
Indeed, we stand today in close proximity to another historic moment for our institution - the 55-55 split House which resulted in shared power. Upon his election to the co-speakership, exactly six years ago today, Speaker Paul Hillegonds appealed for common ground. He stated, and I quote: 'Good government dictates that nothing should pass this House unless it can be supported by a bipartisan majority. Six years from today, none of us will be sitting on this floor. As the first Michigan Legislature to work under the requirements of term limitation, we must demonstrate that we can learn fast, act responsibly, and make government work well in the best interest of our state.' Two years later, on the day that you and I were first sworn, the other half of this historic partnership, our friend and great Democrat, Speaker Curtis Hertel said, and I quote, 'If you seek the path of conflict and retribution, you will walk that path alone, and it will be a difficult time for each of us and for the people of Michigan who we come here to represent, but if you seek the path of cooperation, then you will have our support, and there is much that we can accomplish together.' These admonitions are as true today as they were then.
The last election for the House was closer than the numbers on this floor would suggest. Less than eight hundred votes stood between us and a return to shared power. Your majority notwithstanding, with due respect, our people want government which moves us not to the right or left, but moves us all forward. It is only natural that we will disagree in this process. But when we do disagree, it is most important that we conduct ourselves with honesty, mutual respect and a desire for cooperation, three values which will never be outdated, and which have served you and I well in our relationship so far, and most notably with the tasks of organizing the House which have occupied us in the past few weeks.
Today, I commit to you that this proud Democratic caucus will work hard with yours on the many important issues before us. Our children's future is simply too important to do otherwise. Therefore, I rise to second the nomination of Charles Perricone as Speaker of the people's House, and wish you, Mr. Speaker, every good grace as we endeavor to ensure that the people's House serves the people's interest."
The question being on the election of a Speaker,
The roll of the House was called by the Acting Clerk and the members voted as follows:
For Charles R. Perricone
Roll Call No. 1 Yeas--107
Allen Faunce Koetje Richner
Baird Frank Kowall Rison
Basham Garcia Kuipers Rivet
Birkholz Garza Kukuk Rocca
Bisbee Geiger LaForge Sanborn
Bishop Gieleghem LaSata Schauer
Bogardus Gilbert Law Schermesser
Bovin Godchaux Lemmons Scott
Bradstreet Gosselin Lockwood Shackleton
Brater Green Mans Sheltrown
Brewer Hager Martinez Shulman
Brown, B. Hale Mead Spade
Brown, C. Hanley Middaugh Stamas
Byl Hansen Minore Switalski
Callahan Hardman Mortimer Tabor
Cassis Hart Neumann Tesanovich
Caul Howell O'Neil Thomas
Cherry Jacobs Pappageorge Toy
Clark Jamnick Patterson Vander Roest
Clarke Jansen Pestka VanWoerkom
Daniels Jelinek Price Vaughn
DeHart Jellema Prusi Vear
Dennis Johnson, Rick Pumford Voorhees
DeRossett Johnson, Ruth Quarles Wojno
DeVuyst Julian Raczkowski Woodward
DeWeese Kelly Reeves Woronchak
Ehardt Kilpatrick Richardville
Nays--0
The Acting Clerk announced that Rep. Perricone, having received a majority vote of the members present and voting, was duly elected Speaker of the House of Representatives.
The Chair named as a committee to conduct the Speaker to the Chair, Reps. Rick Johnson, Tabor and LaForge.
The Speaker then addressed the House as follows:
"Thank you very much for the kind words Representative Jansen, Representative Hanley, I very much appreciate it. And to you Representative Hale, I want you to know that you can stop by seat number five anytime, as long as you don't stay too long. House colleagues and honored guests, dear family and friends, welcome to the Michigan House of Representatives. There are many people I'd like to thank, but the time is short and the day grows long. Please indulge me for a moment while I thank those without whom I would not be here today.
My mother, whose love, support and guidance transcended her physical limitations. She is all a son could ever wish for and much more than this one deserves. I am sorry she could not be here today. Dad, I know it was tough, but believe it or not, I was listening when you struggled all those times to convince me that the difference between right and wrong is not always clear. I've learned that to recognize this, one must be patient and open-minded. You and mom have set a high standard of moral conduct and compassion for others that I strive to meet to this day. I appreciate your tolerance, because I know that a Republican is not what you had in mind. To my sister, Malia, you taught me how to laugh and remember who I am and that life should never be taken too seriously. And to my baby sister, Amy, your unselfish love for this older brother taught me that love for family should always come first, family is, after all, who we are. For my dear wife, Jennifer, our love continues to grow stronger every day. You are my best friend. Your devotion to our children means the world to me. Without you, I could not be here today. To my sons, Chase and Sam, thank you for your understanding and forgiveness. Although there are times I cannot be with you, I always carry our friendship in my heart. You have no idea how important it is for me to know that you'll be home when I finally get there. I cherish your ability to make me laugh at all the wrong moments. And to my angel from heaven, my beautiful daughter Liza, Liza, daddy can only say this, you are the center of my life. You will never know the number of times that thinking of you has helped me conquer those challenging moments that life brings. To my Uncle Tom, you are the brother I never had and it means a lot to me that you are here today. And let me say to the family and friends who are here today in honor of my House colleagues, you are our strength and our purpose. Without your love and support, and your presence today, the magic of this moment would indeed be lost.
And finally to my colleagues, I am a student of the process. The dynamics of a caucus, that intangible sense of the moment when it is time to come together, is what has always captivated me. I worked hard to prepare myself for a seat at the table, never daring to dream that you might allow me to serve as your Speaker. I am honored by your trust and motivated by your expectations. You and I are in this together, and I pledge to you now that I will work even harder to ensure our success as we strive to do what is right for the families of Michigan. The new Republican House Majority stands ready to lead Michigan into the new millennium. More jobs, lower taxes, quality education, and protecting our children and seniors remain our top priority. However, to accomplish these goals, we must protect the integrity of the process and preserve the institution. I will not rest until each one of you, regardless of your party loyalty, has had every opportunity to familiarize yourself with the legislative process. You must also be provided with the ability to develop the expertise that you need to fulfill the duties your constituents have bestowed upon you today.
Building upon that strong foundation, I am committed to increasing our role in the legislative process. In my opinion, our fresh perspective with 64 new members is our strength. The level of talent and creativity present in this chamber today is both awesome and refreshing. We should welcome the spirited debate that will, no doubt, follow the introduction of new ideas. And you and I as members of the House of Representatives will take a back seat to no one! But, actions speak louder than words. The Republican Majority will lead through example, hard work, integrity, cooperation and meaningful debate. Punctuality and respect for one another will be our hallmark. And to get the job done, we must recognize the power of compromise and pursue that sharing of ideas.
Minority Leader Mike Hanley, I've had the privilege of serving with you for the past four years. I know you agree with me that history will judge each of us on how we handle the shift from experience and traditions to the new ideas that term limits brings. Mike, I look forward to working with you. Kwame, I look forward to working with you.
Thank you for the honor of serving as your Speaker and congratulations to each one of you here today. Let us also thank our Almighty God for the tools He has given us to do the job and pray for His wisdom in the days ahead. Thank you."
Reps. Raczkowski and Kilpatrick offered the following resolution:
House Resolution No. 2.
A resolution to provide for officers of the House of Representatives for the Ninetieth Legislature.
Resolved by the House of Representatives, That the following members are elected to the following offices of the House of Representatives for the Ninetieth Legislature:
Patricia Birkholz--Speaker Pro Tempore
Bruce Patterson--Associate Speaker Pro Tempore
Judith Scranton--Associate Speaker Pro Tempore
Pending the reference of the resolution to a committee,
Rep. Raczkowski moved that Rule 77 be suspended and the resolution be considered at this time.
The motion prevailed, 3/5 of the members present voting therefor.
The question being on the adoption of the resolution,
The resolution was adopted, a majority of the members present voting therefor, by yeas and nays, as follows:
Roll Call No. 2 Yeas--108
Allen Faunce Koetje Richardville
Baird Frank Kowall Richner
Basham Garcia Kuipers Rison
Birkholz Garza Kukuk Rivet
Bisbee Geiger LaForge Rocca
Bishop Gieleghem LaSata Sanborn
Bogardus Gilbert Law Schauer
Bovin Godchaux Lemmons Schermesser
Bradstreet Gosselin Lockwood Scott
Brater Green Mans Shackleton
Brewer Hager Martinez Sheltrown
Brown, B. Hale Mead Shulman
Brown, C. Hanley Middaugh Spade
Byl Hansen Minore Stamas
Callahan Hardman Mortimer Switalski
Cassis Hart Neumann Tabor
Caul Howell O'Neil Tesanovich
Cherry Jacobs Pappageorge Thomas
Clark Jamnick Patterson Toy
Clarke Jansen Perricone Vander Roest
Daniels Jelinek Pestka VanWoerkom
DeHart Jellema Price Vaughn
Dennis Johnson, Rick Prusi Vear
DeRossett Johnson, Ruth Pumford Voorhees
DeVuyst Julian Quarles Wojno
DeWeese Kelly Raczkowski Woodward
Ehardt Kilpatrick Reeves Woronchak
Nays--0
In The Chair: Perricone
Reps. Raczkowski and Kilpatrick offered the following resolution:
House Resolution No. 3.
A resolution to provide for the Clerk of the House of Representatives for the Ninetieth Legislature.
Resolved by the House of Representatives, That Gary L. Randall is elected to the office of Clerk of the House of Representatives for the Ninetieth Legislature.
Pending the reference of the resolution to a committee,
Rep. Raczkowski moved that Rule 77 be suspended and the resolution be considered at this time.
The motion prevailed, 3/5 of the members present voting therefor.
The question being on the adoption of the resolution,
The resolution was adopted, a majority of the members present voting therefor, by yeas and nays, as follows:
Roll Call No. 3 Yeas--108
Allen Faunce Koetje Richardville
Baird Frank Kowall Richner
Basham Garcia Kuipers Rison
Birkholz Garza Kukuk Rivet
Bisbee Geiger LaForge Rocca
Bishop Gieleghem LaSata Sanborn
Bogardus Gilbert Law Schauer
Bovin Godchaux Lemmons Schermesser
Bradstreet Gosselin Lockwood Scott
Brater Green Mans Shackleton
Brewer Hager Martinez Sheltrown
Brown, B. Hale Mead Shulman
Brown, C. Hanley Middaugh Spade
Byl Hansen Minore Stamas
Callahan Hardman Mortimer Switalski
Cassis Hart Neumann Tabor
Caul Howell O'Neil Tesanovich
Cherry Jacobs Pappageorge Thomas
Clark Jamnick Patterson Toy
Clarke Jansen Perricone Vander Roest
Daniels Jelinek Pestka VanWoerkom
DeHart Jellema Price Vaughn
Dennis Johnson, Rick Prusi Vear
DeRossett Johnson, Ruth Pumford Voorhees
DeVuyst Julian Quarles Wojno
DeWeese Kelly Raczkowski Woodward
Ehardt Kilpatrick Reeves Woronchak
Nays--0
In The Chair: Perricone
The Clerk-elect took and subscribed the constitutional oath of office, which was administered by the Speaker.
______
Rep. Raczkowski moved that the Clerk be directed to notify the Governor and the President of the Senate that the House had completed its organization and was ready to proceed with the business of the session.
The motion prevailed.
Reps. Raczkowski and Kilpatrick offered the following resolution:
House Resolution No. 4.
A resolution fixing the hour for daily sessions.
Resolved, That unless otherwise ordered, the daily sessions of the House of Representatives commence on Tuesday and Wednesday at 2:00 o'clock p.m. and on Thursday at 12:00 Noon.
Pending the reference of the resolution to a committee,
Rep. Raczkowski moved that Rule 77 be suspended and the resolution be considered at this time.
The motion prevailed, 3/5 of the members present voting therefor.
The question being on the adoption of the resolution,
The resolution was adopted.
Reps. Raczkowski and Kilpatrick offered the following resolution:
House Resolution No. 5.
A resolution requesting the Department of Management and Budget to furnish copies of the Compiled Laws of 1979 and 1 complete set of the Public Acts of each subsequent session and Michigan Manuals.
Resolved, That the Department of Management and Budget be and is hereby requested to furnish to each member of the House of Representatives 1 complete set of the Michigan Compiled Laws of 1979, 1 complete set of the Public Acts of each subsequent session, and 1 copy of the latest edition of the Michigan Manual, for use at their House offices during sessions, such sets to be the property of the State and to be stored during the interim; and be it further
Resolved, That the Department of Management and Budget be requested to furnish the Clerk of the House copies of the latest editions of the above for use in House offices under the supervision of the Clerk as requisitioned by the Clerk.
Pending the reference of the resolution to a committee,
Rep. Raczkowski moved that Rule 77 be suspended and the resolution be considered at this time.
The motion prevailed, 3/5 of the members present voting therefor.
The question being on the adoption of the resolution,
The resolution was adopted.
Reps. Raczkowski and Kilpatrick offered the following resolution:
House Resolution No. 6.
A resolution directing the Clerk to notify the Governor that the House of Representatives has assembled and is ready to proceed with the business of the session.
Resolved, That the Clerk of the House is hereby directed to notify the Governor that the House of Representatives has convened pursuant to the requirements of the Constitution and is ready to proceed with the business of the session.
Pending the reference of the resolution to a committee,
Rep. Raczkowski moved that Rule 77 be suspended and the resolution be considered at this time.
The motion prevailed, 3/5 of the members present voting therefor.
The question being on the adoption of the resolution,
The resolution was adopted.
Reps. Raczkowski and Kilpatrick offered the following resolution:
House Resolution No. 7.
A resolution directing the Clerk to notify the Senate that the House of Representatives has assembled and is ready to proceed with the business of the session.
Resolved, That the Clerk of the House is hereby directed to notify the Senate that the House of Representatives has convened pursuant to the requirements of the Constitution and is ready to proceed with the business of the session.
Pending the reference of the resolution to a committee,
Rep. Raczkowski moved that Rule 77 be suspended and the resolution be considered at this time.
The motion prevailed, 3/5 of the members present voting therefor.
The question being on the adoption of the resolution,
The resolution was adopted.
PURSUANT TO ARTICLE IV, SECTION 12, OF THE CONSTITUTION OF THE STATE OF MICHIGAN OF 1963, THIS RESOLUTION REQUIRES A TWO-THIRDS VOTE OF THE MEMBERS ELECTED TO AND SERVING IN EACH HOUSE.
Reps. Shackleton, Julian, Howell, Hager, Woronchak, Richardville, Raczkowski, Bisbee, Vander Roest, Hart, Kukuk, Rocca, Gosselin, Schauer, Frank, Spade, Vear, LaForge, Perricone, Brewer, DeWeese, Gilbert, Jellema, Sheltrown, Allen, Sanborn, Cassis, Pappageorge, Kowall, Gieleghem, Schermesser, DeHart, Basham, Mans, Bob Brown, Neumann, Pestka, Kuipers, Jacobs, Garcia, Ehardt, Law, Shulman, VanWoerkom, Wojno, Woodward, DeRossett, Scott and Cameron Brown offered the following concurrent resolution:
House Concurrent Resolution No. 1.
A concurrent resolution rejecting the recommendations of the State Officers Compensation Commission for 1999 and 2000.
Whereas, The State Officers Compensation Commission was created by 1968 PA 357 pursuant to Article IV, Section 12, of the Constitution of the State of Michigan of 1963; and
Whereas, The State Officers Compensation Commission is charged with the responsibility for determining the salaries and expense allowances of the Governor, Lieutenant Governor, the Justices of the Supreme Court, and the members of the Michigan Legislature. These determinations shall be filed before December 31 of each even-numbered year and shall be effective on January 1 of the year following their filing unless the legislature, by concurrent resolution adopted by a 2/3 vote of the members elected to and serving in each house, prior to February 1 of the year following the filing of the determinations, rejects either the entire determination or specific determinations for specific positions. In the event of rejection, the existing salaries and expense allowances shall prevail retroactive to January 1; now, therefore, be it
Resolved by the House of Representatives (the Senate concurring), That the members of the Michigan Legislature, pursuant to the provisions of 1968 PA 357 and Article IV, Section 12 of the Michigan Constitution, hereby reject the recommendations of the State Officers Compensation Commission for 1999 and 2000; and be it further
Resolved, That a copy of this resolution be transmitted to the State Officers Compensation Commission and to the State Budget Director.
Pending the reference of the concurrent resolution to a committee,
Rep. Raczkowski moved that Rule 77 be suspended and the concurrent resolution be considered at this time.
The motion prevailed, 3/5 of the members present voting therefor.
The question being on the adoption of the concurrent resolution,
Rep. Raczkowski moved that consideration of the concurrent resolution be postponed for the day.
The motion prevailed.
Reps. Raczkowski and Kilpatrick offered the following concurrent resolution:
House Concurrent Resolution No. 2.
A concurrent resolution granting authority for adjournment for more than 2 days.
Resolved by the House of Representatives (the Senate concurring), That each House hereby grants unto the other permission to adjourn for not more than 15 intervening calendar days at such times as each House shall determine at any time during the 1999 and 2000 regular sessions.
Pending the reference of the concurrent resolution to a committee,
Rep. Raczkowski moved that Rule 77 be suspended and the concurrent resolution be considered at this time.
The motion prevailed, 3/5 of the members present voting therefor.
The question being on the adoption of the concurrent resolution,
The concurrent resolution was adopted.
Reps. Raczkowski and Kilpatrick offered the following concurrent resolution:
House Concurrent Resolution No. 3.
A concurrent resolution prescribing the Joint Convention Rules for the Legislature.
Resolved by the House of Representatives (the Senate concurring), That the following be and are hereby adopted as the Joint Convention Rules of the House of Representatives and the Senate:
JOINT CONVENTION RULES OF THE
HOUSE OF REPRESENTATIVES AND SENATE
Held in Hall of House.
Rule 1. Joint conventions shall be held in the Hall of the House of Representatives, or such other location as may be agreed to by the Speaker of the House of Representatives and the Majority Leader of the Senate. The President of the Senate or, in the absence of the President of the Senate, the Speaker of the House shall preside. Before the two Houses shall meet in joint convention, a concurrent resolution shall be introduced in one House setting forth the date and hour at which the joint convention shall meet, which, if adopted, shall be transmitted to the other House for concurrence.
Secretaries-Journals.
Rule 2. The Secretary of the Senate and Clerk of the House of Representatives shall be the secretaries of the joint convention. The proceedings of the joint convention shall be published with the Journals of the House, and the final result, as announced by the President on the return of the Senate to its chamber, shall be entered on the Journals of the Senate.
Rules of House to Govern.
Rule 3. The rules of the House of Representatives, so far as the same may be applicable, shall govern the proceedings in joint convention.
President pro tempore of Convention.
Rule 4. Whenever the Speaker of the House presides, he or she shall be entitled to vote on all occasions, and in case of a tie the question shall be declared lost.
Power to Compel Attendance.
Rule 5. Joint conventions shall have the power to compel the attendance of absent members in the mode and under the penalties prescribed in the rules of the House to which such members respectively belong, and for that purpose the Sergeant at Arms of each House shall attend.
May Adjourn from Time to Time.
Rule 6. Joint conventions may adjourn from time to time, as may be found necessary, and it shall be the duty of the House of Representatives to prepare to receive the Senate, and of the Senate to proceed to the joint convention, at the time fixed by law or resolution, or to which the joint convention may have adjourned.
Pending the reference of the concurrent resolution to a committee,
Rep. Raczkowski moved that Rule 77 be suspended and the concurrent resolution be considered at this time.
The motion prevailed, 3/5 of the members present voting therefor.
The question being on the adoption of the concurrent resolution,
The concurrent resolution was adopted.
Reps. Raczkowski and Kilpatrick offered the following concurrent resolution:
House Concurrent Resolution No. 4.
A concurrent resolution providing for a joint convention of the House of Representatives and the Senate.
Resolved by the House of Representatives (the Senate concurring), That the House of Representatives and Senate meet in joint convention in the Hall of the House of Representatives, Thursday, January 28, 1999, at 6:45 p.m., to receive the message of Governor John M. Engler.
Pending the reference of the concurrent resolution to a committee,
Rep. Raczkowski moved that Rule 77 be suspended and the concurrent resolution be considered at this time.
The motion prevailed, 3/5 of the members present voting therefor.
The question being on the adoption of the concurrent resolution,
The concurrent resolution was adopted.
Messages from the Senate
January 13, 1999
The Honorable Charles Perricone
Speaker of the House of Representatives
Capitol Building
Lansing, Michigan 48913
Dear Mr. Speaker:
By direction of the Senate, I hereby notify you that a quorum of the Senate has assembled and is ready to proceed with the business of the session.
Very respectfully,
Carol Morey Viventi, J.D.
Secretary of the Senate
______
Rep. Raczkowski moved that when the House adjourns today it stand adjourned until Tuesday, January 26, at 2:00 p.m.
The motion prevailed.
By unanimous consent the House returned to the order of
Motions and Resolutions
PURSUANT TO ARTICLE IV, SECTION 12, OF THE CONSTITUTION OF THE STATE OF MICHIGAN OF 1963, THIS RESOLUTION REQUIRES A TWO-THIRDS VOTE OF THE MEMBERS ELECTED TO AND SERVING IN EACH HOUSE.
Reps. Mans, Schauer, Frank, Spade, LaForge, Brewer, Sheltrown, Gieleghem, Schermesser, DeHart, Basham, Bob Brown, Neumann, Pestka, Jacobs, Garcia, Wojno, Woodward and Scott offered the following concurrent resolution:
House Concurrent Resolution No. 5.
A concurrent resolution rejecting the determinations of the State Officers Compensation Commission for 1999 and 2000.
Whereas, The State Officers Compensation Commission was created by 1968 PA 357 pursuant to Article IV, Section 12, of the Constitution of the State of Michigan of 1963; and
Whereas, The State Officers Compensation Commission is charged with the responsibility for determining the salaries and expense allowances of the Governor, Lieutenant Governor, the Justices of the Supreme Court, and the members of the Michigan Legislature. These determinations shall be filed before December 31 of each even-numbered year and shall be effective on January 1 of the year following their filing unless the legislature, by concurrent resolution adopted by a 2/3 vote of the members elected to and serving in each house, prior to February 1 of the year following the filing of the determinations, rejects either the entire determination or specific determinations for specific positions. In the event of rejection, the existing salaries and expense allowances shall prevail retroactive to January 1; now, therefore, be it
Resolved by the House of Representatives (the Senate concurring), That the members of the Michigan Legislature, pursuant to the provisions of 1968 PA 357 and Article IV, Section 12 of the Michigan Constitution, hereby reject the determinations of the State Officers Compensation Commission for 1999 and 2000; and be it further
Resolved, That a copy of this resolution be transmitted to the State Officers Compensation Commission and to the State Budget Director.
The concurrent resolution was referred to the Committee on House Oversight and Operations.
PURSUANT TO ARTICLE IV, SECTION 12, OF THE CONSTITUTION OF THE STATE OF MICHIGAN OF 1963, THIS RESOLUTION REQUIRES A TWO-THIRDS VOTE OF THE MEMBERS ELECTED TO AND SERVING IN EACH HOUSE.
Reps. Neumann, Mans, O'Neil, Spade, Jacobs, Woodward, Dennis, Wojno, Gieleghem, Sheltrown and Bob Brown offered the following concurrent resolution:
House Concurrent Resolution No. 6.
A concurrent resolution rejecting the determinations of the State Officers Compensation Commission for 1999 and 2000.
Whereas, The State Officers Compensation Commission was created by 1968 PA 357 pursuant to Article IV, Section 12, of the Constitution of the State of Michigan of 1963; and
Whereas, The State Officers Compensation Commission is charged with the responsibility for determining the salaries and expense allowances of the Governor, Lieutenant Governor, the Justices of the Supreme Court, and the members of the Michigan Legislature. These determinations shall be filed before December 31 of each even-numbered year and shall be effective on January 1 of the year following their filing unless the legislature, by concurrent resolution adopted by a 2/3 vote of the members elected to and serving in each house, prior to February 1 of the year following the filing of the determinations, rejects either the entire determination or specific determinations for specific positions. In the event of rejection, the existing salaries and expense allowances shall prevail retroactive to January 1; now, therefore, be it
Resolved by the House of Representatives (the Senate concurring), That the members of the Michigan Legislature, pursuant to the provisions of 1968 PA 357 and Article IV, Section 12 of the Michigan Constitution, hereby reject the determinations of the State Officers Compensation Commission for 1999 and 2000; and be it further
Resolved, That a copy of this resolution be transmitted to the State Officers Compensation Commission and to the State Budget Director.
The concurrent resolution was referred to the Committee on House Oversight and Operations.
Communications from State Officers
The following communication from the Secretary of State was received and read:
December 21, 1998
The Honorable Gary L. Randall
Clerk of the State House of Representatives
P.O. Box 30014
Lansing, MI 48909-7514
Dear Mr. Randall:
The two enclosed reports, prepared by the Michigan Board of State Canvassers for submission to the State House of Representatives, detail the vote recounts conducted after the November 3, 1998 general election in State House Districts 56 and 57.
Michigan election law, MCLA 168.879(3), states in part:
"The ballots in a precinct petitioned for recount in a legislative contest shall be recounted for that office by the board of state canvassers and shall be preserved until the contest is disposed of under the rules of the legislative body that takes office beginning in January following the contested general election. . . "
Pursuant to the above statute, the security of all ballots, voting machines, electronic programs and other materials used to conduct the recounts will be maintained until this office receives appropriate notification from the State House of Representatives.
If you have any questions, please do not hesitate to contact me.
Sincerely,
Christopher M. Thomas, Secretary
Board of State Canvassers
MICHIGAN BOARD OF STATE CANVASSERS'
REPORT ON LEGISLATIVE RECOUNT
STATE HOUSE DISTRICT 56
NOVEMBER 3, 1998 GENERAL ELECTION
The following report is made by the Board of State Canvassers to the State House of Representatives in compliance with Michigan election law, MCLA 168.879(4).
Recount Petition Filing: Notice
A petition for a full recount of the votes cast at the November 3, 1998 general election for the office of State Representative, District 56, was filed by Larry Rutledge (Dem) on Friday, November 20, 1998. Notice of the recount was forwarded to Randy Richardville (Rep), the other candidate involved, as required by statute.
Conduct of Recount
The recount was conducted on December 8 through December 10, 1998 by the Monroe County Board of Canvassers under the direction of a representative of the Board of State Canvassers. Thirty precincts in the district were determined to be fully recountable under the governing provisions of law; fourteen precincts were deemed not recountable.
Result of Recount
The result of the recount was as follows:
Randy Richardville Larry Rutledge
(Rep) (Dem)
Official Canvass 12,803 12,033
Recount Result 12,82712,054
Net Change +24 +21
A copy of the recount certification signed by the members of this Board is attached to this report.
Respectfully submitted on December 17, 1998.
Linda K. Shinkle James E. O'Neill, Jr.
Chairperson Vice-Chairperson
Dorothy E. Jones James Alexander
Member Member
RECOUNT CERTIFICATION
From an examination of the recount returns submitted by the Monroe County Board of Canvassers, we, the undersigned members of the Board of State Canvassers, certify that the following is a true statement of the votes cast at the November 3, 1998 general election for the candidates who sought election to the office of State Representative, District 56.
State Representative
District 56
Randy Richardville Larry Rutledge
(Rep) (Dem)
Monroe 12,827 12,054
In Witness Whereof, we have subscribed our names at Lansing, Michigan this 17th day of December 1998.
Linda K. Shinkle James E. O'Neill, Jr.
Chairperson Vice-Chairperson
Dorothy E. Jones James Alexander
Member Member
MICHIGAN BOARD OF STATE CANVASSERS'
REPORT ON LEGISLATIVE RECOUNT
STATE HOUSE DISTRICT 57
NOVEMBER 3, 1998 GENERAL ELECTION
The following report is made by the Board of State Canvassers to the State House of Representatives in compliance with Michigan election law, MCLA 168.879(4).
Recount Petition Filing: Notice
A petition for a partial recount of the votes cast at the November 3, 1998 general election for the office of State Representative, District 57, was filed by Richard Bailey (Rep) on Wednesday, November 25, 1998. Notice of the recount was forwarded to Doug Spade (Dem), the other candidate involved, as required by statute.
Conduct of Recount
The recount was conducted on December 15, 1998 by the Lenawee County Board of Canvassers under the direction of a representative of the Board of State Canvassers. Eleven precincts in the district were determined to be fully recountable under the governing provisions of law; one precinct was deemed not recountable.
Result of Recount
The result of the recount was as follows:
Richard Bailey Doug Spade
(Rep) (Dem)
Official Canvass 14,082 14,318
Recount Result 14,07814,323
Net Change -4 +5
A copy of the recount certification signed by the members of this Board is attached to this report.
Respectfully submitted on December 17, 1998.
Linda K. Shinkle James E. O'Neill, Jr.
Chairperson Vice-Chairperson
Dorothy E. Jones James Alexander
Member Member
RECOUNT CERTIFICATION
From an examination of the recount returns submitted by the Lenawee County Board of Canvassers, we, the undersigned members of the Board of State Canvassers, certify that the following is a true statement of the votes cast at the November 3, 1998 general election for the candidates who sought election to the office of State Representative, District 57.
State Representative
District 57
Richard Bailey Doug Spade
(Rep) (Dem)
Lenawee 14,078 14,323
In Witness Whereof, we have subscribed our names at Lansing, Michigan this 17th day of December 1998.
Linda K. Shinkle James E. O'Neill, Jr.
Chairperson Vice-Chairperson
Dorothy E. Jones James Alexander
Member Member
The communication was referred to the Clerk.
The following communication from the Auditor General was received and read:
.
January 7, 1999
Enclosed is a copy of the following audit report and/or executive digest:
Performance and Financial Audit of the
Homeowner Construction Lien Recovery Fund
Department of Consumer and Industry Services
October 1, 1994 through September 30, 1997
Sincerely,
Thomas H. McTavish, C.P.A.
Auditor General
The communication was referred to the Clerk and the accompanying report referred to the Committee on House Oversight and Operations.
The following communication from the Department of Consumer and Industry Services was received and read:
January 8, 1999
Homeowner Construction Lien Recovery Fund Report and request for additional assessment against every member of the fund.
Sincerely,
Kathleen M. Wilbur
Director
The communication was referred to the Clerk.
Introduction of Bills
Rep. Jelinek introduced
House Bill No. 4001, entitled
A bill to amend 1979 PA 94, entitled "The state school aid act of 1979," by amending section 105 (MCL 388.1705), as added by 1996 PA 300.
The bill was read a first time by its title and referred to the Committee on Education.
Rep. Jelinek introduced
House Bill No. 4002, 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.
The bill was read a first time by its title and referred to the Committee on Education.
Rep. Jelinek introduced
House Bill No. 4003, entitled
A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 152a (MCL 211.152a).
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Rep. Jelinek introduced
House Bill No. 4004, entitled
A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 34d (MCL 211.34d), as amended by 1996 PA 476.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Rep. Jelinek introduced
House Bill No. 4005, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 302, 312e, 688, 705, and 710 (MCL 257.302, 257.312e, 257.688, 257.705, and 257.710), sections 302 and 312e as amended by 1991 PA 100, section 688 as amended by 1990 PA 98, and section 705 as amended by 1995 PA 91.
The bill was read a first time by its title and referred to the Committee on Agriculture and Resource Management.
Rep. Jelinek introduced
House Bill No. 4006, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 21a of chapter VIII (MCL 768.21a), as amended by 1994 PA 56.
The bill was read a first time by its title and referred to the Committee on Criminal Law and Corrections.
Rep. Jelinek introduced
House Bill No. 4007, entitled
A bill to amend 1974 PA 369, entitled "An act to regulate the business of conducting a driver training school; to require licenses in relation thereto; to prescribe certain fees; to prescribe the powers and duties of certain persons and state departments; and to prescribe remedies and penalties," by amending sections 5 and 5b (MCL 256.605 and 256.605b), section 5 as amended and section 5b as added by 1998 PA 11.
The bill was read a first time by its title and referred to the Committee on Regulatory Reform.
Rep. Jelinek introduced
House Bill No. 4008, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 208b (MCL 257.208b), as amended by 1998 PA 329.
The bill was read a first time by its title and referred to the Committee on Regulatory Reform.
Reps. Jelinek and Birkholz introduced
House Bill No. 4009, entitled
A bill to amend 1931 PA 328, entitled "The Michigan penal code," (MCL 750.1 to 750.568) by adding section 285.
The bill was read a first time by its title and referred to the Committee on Criminal Law and Corrections.
Rep. Shulman introduced
House Bill No. 4010, entitled
A bill to amend 1964 PA 170, entitled "An act to make uniform the liability of municipal corporations, political subdivisions, and the state, its agencies and departments, officers, employees, and volunteers thereof, and members of certain boards, councils, and task forces when engaged in the exercise or discharge of a governmental function, for injuries to property and persons; to define and limit this liability; to define and limit the liability of the state when engaged in a proprietary function; to authorize the purchase of liability insurance to protect against loss arising out of this liability; to provide for defending certain claims made against public officers and paying damages sought or awarded against them; to provide for the legal defense of public officers and employees; to provide for reimbursement of public officers and employees for certain legal expenses; and to repeal certain acts and parts of acts," by amending section 2 (MCL 691.1402), as amended by 1996 PA 150.
The bill was read a first time by its title and referred to the Committee on Family and Civil Law.
Rep. Shulman introduced
House Bill No. 4011, entitled
A bill to amend 1905 PA 157, entitled "An act to provide for the acquisition, maintenance, management, and control of township parks, resorts, bathing beaches, and places of recreation; to provide for the creation of a township park commission; to provide for a board of commissioners to provide for the issuance of bonds and the levy of taxes; to provide for the transfer of certain real property for parks; to authorize cities and villages to appropriate money for park purposes; to provide for the acquisition, construction, and use of wharves, piers, docks, and landing places in townships; and to provide the powers and duties of certain local units of government and certain officials," by amending section 6 (MCL 41.426), as added by 1989 PA 79.
The bill was read a first time by its title and referred to the Committee on Local Government and Urban Policy.
Rep. Jelinek introduced
House Bill No. 4012, entitled
A bill to amend 1972 PA 348, entitled "An act to regulate relationships between landlords and tenants relative to rental agreements for rental units; to regulate the payment, repayment, use and investment of security deposits; to provide for commencement and termination inventories of rental units; to provide for termination arrangements relative to rental units; to provide for legal remedies; and to provide penalties," by amending section 2 (MCL 554.602).
The bill was read a first time by its title and referred to the Committee on Family and Civil Law.
By unanimous consent the House returned to the order of
Messages from the Senate
House Concurrent Resolution No. 2.
A concurrent resolution granting authority for adjournment for more than 2 days.
(For text of resolution, see House Journal No. 1, p. 28.)
The Senate has adopted the concurrent resolution.
The concurrent resolution was referred to the Clerk for record.
House Concurrent Resolution No. 3.
A concurrent resolution prescribing the Joint Convention Rules for the Legislature.
(For text of resolution, see House Journal No. 1, p. 29.)
The Senate has adopted the concurrent resolution.
The concurrent resolution was referred to the Clerk for record.
House Concurrent Resolution No. 4.
A concurrent resolution providing for a joint convention of the House of Representatives and the Senate.
(For text of resolution, see House Journal No. 1, p. 29.)
The Senate has adopted the concurrent resolution.
The concurrent resolution was referred to the Clerk for record.
Rep. Kilpatrick moved that the House adjourn.
The motion prevailed, the time being 2:40 p.m.
The Speaker declared the House adjourned until Tuesday, January 26, at 2:00 p.m.
GARY L. RANDALL
Clerk of the House of Representatives.