HOUSE OF REPRESENTATIVES
COMMITTEE ON WAYS AND MEANS
REP. BRANDT IDEN
CHAIR
COMMITTEE MEETING MINUTES
Wednesday, April 10, 2019
10:30 AM
Room 519, House Office Building
The House Standing Committee on Ways and Means was called to order by the Chair.
The Chair requested attendance be called:
Present: Reps. Iden, Lilly, Leutheuser, Griffin, Hauck, Kahle, Wentworth, Warren, Byrd,
Neeley, Hertel.
Absent/Excused: None.
The Chair laid HB 4206 before the committee:
HB 4206
(Rep. Frederick)
A bill to amend 1979 PA 94, entitled
“The state school aid act of 1979,"by amending section 101
(MCL 388.1701), as amended by 2018 PA 586.
Representative Frederick testified in support of HB 4206. Questions and discussion followed.
Representative Lilly moved to adopt substitute (H-2) to HB 4206. The motion prevailed 11-0-0:
FAVORABLE ROLL CALL
Yeas: Reps. Iden, Lilly, Leutheuser, Griffin, Hauck, Kahle, Wentworth, Warren, Byrd,
Neeley, Hertel.
Nays: None.
Pass: None.
Representative Wentworth offered the following amendment to HB 4206 (H-2):
1.
Amend page 8, line 25, after “subsection.” by inserting “"FOR 2018-2019
ONLY, IF A DISTRICT DOES NOT PROVIDE PUPIL INSTRUCTION FOR GREATER
THAN 14 DAYS DUE TO CONDITIONS DESCRIBED UNDER THIS SUBSECTION,
INCLUDING THOSE DAYS COUNTED AS DAYS OF PUPIL INSTRUCTION UNDER
THIS SUBSECTION, BUT THE DISTRICT DOES PROVIDE AT LEAST THE
REQUIRED MINIMUM NUMBER OF HOURS OF PUPIL INSTRUCTION, THE
DISTRICT IS NOT SUBJECT TO THE MINIMUM NUMBER OF DAYS OF PUPIL
INSTRUCTION REQUIREMENT OF THIS SECTION. IN PROVIDING THE
MINIMUM NUMBER OF HOURS OF PUPIL INSTRUCTION REQUIRED UNDER
THIS SECTION, A DISTRICT THAT USES THE EXCEPTION IN THE IMMEDIATELY
PRECEDING SENTENCE FROM THE MINIMUM NUMBER OF DAYS OF PUPIL
INSTRUCTION REQUIREMENT SHALL ADD PUPIL INSTRUCTION TIME TO A
SCHEDULED DAY IN AT LEAST 30-MINUTE INCREMENTS.”.
Representative Wentworth moved to adopt the amendment to HB 4206 (H-2). The motion
prevailed 7-4-0:
FAVORABLE ROLL CALL
Yeas: Reps. Iden, Lilly, Leutheuser, Griffin, Hauck, Kahle, Wentworth.
Nays: Reps. Warren, Byrd, Neeley, Hertel.
Pass: None.
Representative Warren offered the following amendment to HB 4206 (H-2):
1.
Amend page 8, line 6, by striking out all of subsection (4) and inserting:
"(4) ALL OF THE FOLLOWING APPLY TO THE PROVISION OF PUPIL
INSTRUCTION:
(A) EXCEPT AS OTHERWISE PROVIDED IN THIS SUBSECTION, THE FIRST
6 DAYS OR THE EQUIVALENT NUMBER OF HOURS FOR WHICH PUPIL
INSTRUCTION IS NOT PROVIDED BECAUSE OF CONDITIONS NOT WITHIN THE
CONTROL OF SCHOOL AUTHORITIES, SUCH AS SEVERE STORMS, FIRES,
EPIDEMICS, UTILITY POWER UNAVAILABILITY, WATER OR SEWER FAILURE,
OR HEALTH CONDITIONS AS DEFINED BY THE CITY, COUNTY, OR STATE
HEALTH AUTHORITIES, ARE COUNTED AS HOURS AND DAYS OF PUPIL
INSTRUCTION.
(B) IN ADDITION TO THE 6 DAYS UNDER SUBDIVISION (A), WITH THE
APPROVAL OF THE SUPERINTENDENT OF PUBLIC INSTRUCTION, THE
DEPARTMENT SHALL COUNT AS HOURS AND DAYS OF PUPIL INSTRUCTION
THE DAYS AND THE EQUIVALENT NUMBER OF HOURS FOR WHICH PUPIL
INSTRUCTION IS NOT PROVIDED THAT ARE INCLUDED IN A PERIOD FOR
WHICH THE GOVERNOR HAS ISSUED AN EXECUTIVE ORDER DECLARING A
STATE OF EMERGENCY IF ALL OF THE FOLLOWING REQUIREMENTS ARE
MET:
(i) SUBJECT TO SUBSECTION (14), THE DISTRICT PROVIDES ITS HOURLY
EMPLOYEES THE FULL COMPENSATION THAT THEY WOULD HAVE BEEN
ENTITLED TO HAD THEY WORKED FOR THE PERIOD DURING WHICH PUPIL
INSTRUCTION WAS NOT PROVIDED AS DESCRIBED IN THIS SUBDIVISION. THIS
SUBPARAGRAPH DOES NOT APPLY TO AN HOURLY EMPLOYEE COVERED BY A
COLLECTIVE BARGAINING AGREEMENT OR EMPLOYMENT AGREEMENT
THAT IS RATIFIED AFTER THE EFFECTIVE DATE OF THE AMENDATORY ACT
THAT ADDED THIS SUBPARAGRAPH OR AN HOURLY EMPLOYEE WHO IS
EMPLOYED BY THE DISTRICT AFTER THE EFFECTIVE DATE OF THE
AMENDATORY ACT THAT ADDED THIS SUBPARAGRAPH.
(ii) THE DISTRICT PROVIDES WRITTEN DOCUMENTATION TO THE
DEPARTMENT THAT ITS HOURLY EMPLOYEES DESCRIBED UNDER
SUBPARAGRAPH (i) TO WHOM SUBPARAGRAPH (i) APPLIES RECEIVED FULL
COMPENSATION AS REQUIRED UNDER SUBPARAGRAPH (i).
(iii) PART OR ALL OF THE DISTRICT IS LOCATED IN A GEOGRAPHIC
AREA FOR WHICH AN EXECUTIVE ORDER DESCRIBED UNDER THIS
SUBDIVISION APPLIES.
(C) WITH THE APPROVAL OF THE SUPERINTENDENT OF PUBLIC
INSTRUCTION, THE DEPARTMENT SHALL COUNT AS HOURS AND DAYS OF
PUPIL INSTRUCTION FOR A FISCAL YEAR NOT MORE THAN 3 ADDITIONAL
DAYS OR THE EQUIVALENT NUMBER OF ADDITIONAL HOURS FOR WHICH
PUPIL INSTRUCTION IS NOT PROVIDED IN A DISTRICT DUE TO UNUSUAL AND
EXTENUATING OCCURRENCES RESULTING FROM CONDITIONS NOT WITHIN
THE CONTROL OF SCHOOL AUTHORITIES SUCH AS THOSE CONDITIONS
DESCRIBED IN SUBDIVISION (A).".
2.
Amend page 14, following line 19, by inserting:
"(14) IF A DISTRICT HAS A COLLECTIVE BARGAINING AGREEMENT WITH
A BARGAINING REPRESENTATIVE OF AN HOURLY EMPLOYEE OR HAS AN
EMPLOYMENT AGREEMENT WITH AN HOURLY EMPLOYEE THAT IS IN EFFECT
AS OF THE EFFECTIVE DATE OF THE AMENDATORY ACT THAT ADDED THIS
SUBSECTION AND THAT COLLECTIVE BARGAINING AGREEMENT OR
EMPLOYMENT AGREEMENT EXPLICITLY ADDRESSES COMPENSATION
REGARDING PERIODS DURING WHICH PUPIL INSTRUCTION IS NOT PROVIDED
AS DESCRIBED UNDER SUBSECTION (4)(B), SUBSECTION (4)(B)(i) DOES NOT
APPLY AND THE TERMS OF THE COLLECTIVE BARGAINING AGREEMENT OR
EMPLOYMENT AGREEMENT APPLY.".
Representative Warren moved to adopt the amendment to HB 4206 (H-2). The motion did not
prevail 4-7-0:
UNFAVORABLE ROLL CALL
Yeas: Reps. Warren, Byrd, Neeley, Hertel.
Nays: Reps. Iden, Lilly, Leutheuser, Griffin, Hauck, Kahle, Wentworth.
Pass: None.
Representative Lilly moved to report HB 4206 as amended, as substitute (H-3). The motion
prevailed 7-4-0
Yeas: Reps. Iden, Lilly, Leutheuser, Griffin, Hauck, Kahle, Wentworth.
Nays: Reps. Warren, Byrd, Neeley, Hertel.
Pass: None.
Julie Rowe, representing the American Federation of Teachers, testified in opposition to HB
4206.
Tim Greimel, representing AFSCME Council 25, testified in opposition to HB 4206.
Beth DeShone, representing the Great Lakes Education Project, testified with no position on HB
4206.
The following people submitted a card in support of HB 4206, but did not wish to speak:
Peter Spadafore, representing the Michigan Association of Superintendents and
Administrators.
Caroline Liethen, representing the Michigan Department of Education.
Representative Lilly moved to adopt the meeting minutes from April 9, 2019. There being no
objection, the motion prevailed by unanimous consent.
There being no further business before the committee, Rep. Brandt Iden adjourned the meeting at
11:19 AM.
Representative Brandt Iden, Chair
Edward Sleeper
Committee Clerk
esleeper@house.mi.gov