No. 46

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

90th Legislature


REGULAR SESSION OF 1999


House Chamber, Lansing, Thursday, May 20, 1999.

 

12:00 Noon.

 

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

 

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

 

 

Allen--present

Baird--present

Basham--present

Birkholz--present

Bisbee--present

Bishop--present

Bogardus--present

Bovin--present

Bradstreet--present

Brater--present

Brewer--present

Brown, Bob--present

Brown, Cameron--present

Byl--present

Callahan--present

Cassis--present

Caul--present

Cherry--present

Clark--present

Clarke--present

Daniels--present

DeHart--present

Dennis--present

DeRossett--present

DeVuyst--present

DeWeese--present

Ehardt--present

Faunce--present

Frank--present

Garcia--present

Garza--present

Geiger--present

Gieleghem--present

Gilbert--present

Godchaux--present

Gosselin--present

Green--present

Hager--present

Hale--present

Hanley--present

Hansen--present

Hardman--present

Hart--present

Howell--present

Jacobs--excused

Jamnick--present

Jansen--present

Jelinek--present

Jellema--present

Johnson, Rick--present

Johnson, Ruth--present

Julian--present

Kelly--present

Kilpatrick--present

Koetje--present

Kowall--present

Kuipers--present

Kukuk--present

LaForge--present

LaSata--present

Law--present

Lemmons--present

Lockwood--present

Mans--present

Martinez--present

Mead--present

Middaugh--present

Minore--present

Mortimer--present

Neumann--present

O'Neil--present

Pappageorge--present

Patterson--present

Perricone--present

Pestka--present

Price--present

Prusi--present

Pumford--present

Quarles--present

Raczkowski--present

Reeves--present

Richardville--present

Richner--present

Rison--present

Rivet--present

Rocca--present

Sanborn--present

Schauer--present

Schermesser--present

Scott--present

Scranton--present

Shackleton--present

Sheltrown--present

Shulman--present

Spade--present

Stallworth--present

Stamas--present

Switalski--present

Tabor--present

Tesanovich--present

Thomas--present

Toy--present

Vander Roest--present

Van Woerkom--present

Vaughn--present

Vear--present

Voorhees--present

Wojno--present

Woodward--present

Woronchak--present

 

 

e/d/s = entered during session

Reverend David Sidwell, Pastor of the Prince of Peace Lutheran Church in New Buffalo and Trinity Lutheran Church in Sawyer, offered the following invocation:

 

"Merciful Father in heaven, You hold in Your hand all the might that we mistake for our own. You are the true ruler and sole authority guiding all government. You have ordained the powers that be, specifically this legislature, for the punishment of those that do evil and for the praise of those that do well. We humbly ask You to graciously regard Your servants: this House of Representatives, the Governor of the State of Michigan, judges and all civil employees. May all that receive the sword as Your ministers bear it according to Your instruction and asking for Your wisdom. Enlighten and defend them by Your name. Grant them wisdom and understanding, that under their peaceable governance, Your people may be guarded and directed in righteousness, quietness and unity. Protect and prolong their lives, O God of our salvation, that we with them may show forth the praise of Your name. Through Jesus Christ, Your Son and our Lord. Amen."

 

______

 

 

Rep. Scott moved that Rep. Jacobs be excused from today's session.

The motion prevailed.

 

Rep. Kilpatrick moved that Rep. Schauer be excused from the balance of today's session.

The motion prevailed.

 

 

Quorum Call

 

 

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

The motion prevailed.

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

The following is the roll call:

 

 

Roll Call No. 412 Yeas--106

 

 
AllenFrankKuipersRison
BairdGarciaKukukRivet
BashamGarzaLaForgeRocca
BisbeeGeigerLaSataSanborn
BishopGieleghemLawSchermesser
BogardusGilbertLemmonsScott
BovinGodchauxLockwoodScranton
BradstreetGosselinMartinezShackleton
BraterGreenMeadSheltrown
BrewerHagerMiddaughShulman
Brown, B.HaleMinoreSpade
Brown, C.HanleyMortimerStallworth
BylHansenNeumannStamas
CallahanHardmanO'NeilSwitalski
CassisHartPappageorgeTabor
CaulHowellPattersonTesanovich
CherryJamnickPerriconeThomas
Clark, I.JansenPestkaToy
Clarke, H.JelinekPriceVan Woerkom
DanielsJellemaPrusiVander Roest
DeHartJohnson, RickPumfordVaughn
DennisJohnson, RuthQuarlesVear
DeRossettJulianRaczkowskiVoorhees
DeVuystKellyReevesWojno
DeWeeseKilpatrickRichardvilleWoodward
EhardtKoetjeRichnerWoronchak

Faunce Kowall

 

 

In The Chair: Patterson

Second Reading of Bills

 

 

House Bill No. 4666, entitled

A bill to create the Michigan merit award scholarship trust fund; to create the Michigan merit award scholarship trust fund commission and prescribe the powers and duties of the commission; and to provide for the Michigan merit award scholarship program.

Was read a second time, and the question being on the adoption of the proposed substitute (H-3) previously recommended by the Committee on Education,

The substitute (H-3) was adopted, a majority of the members serving voting therefor.

 

Rep. Bogardus moved to amend the bill as follows:

1. Amend page 5, following line 7, by inserting:

"(9) Not later than 90 days after the effective date of this act, the commission shall appoint an 11-member assessment administration advisory committee to advise the commission on assessment tests. This advisory committee shall be composed of representatives of school districts, intermediate school districts, school administrators, teachers, and parents, with the appointments reflecting the geographic and population diversity of school districts in this state. This advisory committee shall evaluate these tests and assessments and make recommendations to the commission and superintendent on issues related to administration, scoring, and reporting and use of results of these tests and assessments, including, but not limited to, length of the tests and assessments; the time of the testing period during the school year; feedback provided to pupils, parents, and schools; accurate and relevant reporting of results to the general public; the selection of a retesting period and procedures and arrangements for repeating tests or assessments; local scoring and other general issues regarding scoring of tests and assessments; categories of scoring on the assessment tests; and professional development for teachers to assist in preparing pupils to have the necessary skills and knowledge to succeed on the tests and assessments.".

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

Rep. Bogardus demanded the yeas and nays.

The demand was supported.

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

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

 

 

Roll Call No. 413 Yeas--48

 

 
BairdDeHartLemmonsRivet
BashamDennisLockwoodSchermesser
BogardusFrankMartinezScott
BovinGieleghemMinoreSheltrown
BraterHaleNeumannSpade
BrewerHanleyO'NeilStallworth
Brown, B.HansenPestkaSwitalski
CallahanHardmanPriceTesanovich
CherryJamnickPrusiThomas
Clark, I.KellyQuarlesVaughn
Clarke, H.KilpatrickReevesWojno
DanielsLaForgeRisonWoodward

 

 

Nays--57

 

 
AllenGilbertKowallRichner
BirkholzGodchauxKuipersRocca
BisbeeGosselinKukukSanborn
BishopGreenLaSataScranton
BradstreetHagerLawShackleton
Brown, C.HartMeadShulman
BylHowellMiddaughStamas
CassisJansenMortimerTabor
CaulJelinekPappageorgeToy
DeRossettJellemaPattersonVan Woerkom
DeWeeseJohnson, RickPerriconeVander Roest
EhardtJohnson, RuthPumfordVear
FaunceJulianRaczkowskiVoorhees
GarciaKoetjeRichardvilleWoronchak

Geiger

 

 

In The Chair: Patterson

 

 

Rep. Bogardus moved to amend the bill as follows:

1. Amend page 5, following line 16, by inserting:

"(d) Professional development programs for administrators and teachers. These programs shall emphasize the improvement of teaching and pupils' learning of academic core curriculum content standards, as measured by Michigan educational assessment program and other assessments; collaborative decision making; site-based management; the process of school improvement; instructional leadership; and the use of data and assessment instruments, including MEAP tests and the assessments used for state endorsement under section 1279 of the revised school code, 1976 PA 451, MCL 380.1279, to identify pupils who need additional assistance and to improve teaching and learning for all pupils." and relettering the remaining subdivisions.

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

Rep. Kilpatrick demanded the yeas and nays.

The demand was supported.

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

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

 

 

Roll Call No. 414 Yeas--48

 

 
BairdDeHartLemmonsRivet
BashamFrankLockwoodSchermesser
BogardusGarzaMartinezScott
BovinGieleghemMinoreSheltrown
BraterHaleNeumannSpade
BrewerHanleyO'NeilStallworth
Brown, B.HansenPestkaSwitalski
CallahanHardmanPriceTesanovich
CherryJamnickPrusiThomas
Clark, I.KellyQuarlesVaughn
Clarke, H.KilpatrickReevesWojno
DanielsLaForgeRisonWoodward

 

 

Nays--58

 

 
AllenGeigerKowallRichner
BirkholzGilbertKuipersRocca
BisbeeGodchauxKukukSanborn
BishopGosselinLaSataScranton
BradstreetGreenLawShackleton
Brown, C.HagerMeadShulman
BylHartMiddaughStamas
CassisHowellMortimerTabor
CaulJansenPappageorgeToy
DeRossettJelinekPattersonVan Woerkom
DeVuystJellemaPerriconeVander Roest
DeWeeseJohnson, RickPumfordVear
EhardtJohnson, RuthRaczkowskiVoorhees
FaunceJulianRichardvilleWoronchak

Garcia Koetje

 

 

In The Chair: Patterson

 

 

Rep. LaForge moved to amend the bill as follows:

1. Amend page 12, following line 21, by inserting:

"(4) The commission shall require substance abuse testing as a condition for student eligibility under this act.".

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

Rep. LaForge demanded the yeas and nays.

The demand was supported.

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

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

 

 

Roll Call No. 415 Yeas--32

 

 
BashamGarzaLockwoodScott
BovinGieleghemMinoreSheltrown
Brown, B.HaleNeumannStallworth
CallahanHanleyO'NeilTesanovich
Clark, I.HardmanQuarlesThomas
Clarke, H.JamnickReevesVaughn
DanielsKellyRisonWojno
DennisLaForgeRivetWoodward

 

 

Nays--69

 

 
AllenFrankKilpatrickRichardville
BairdGarciaKoetjeRichner
BirkholzGeigerKowallRocca
BisbeeGilbertKuipersSanborn
BishopGodchauxKukukScranton
BradstreetGosselinLaSataShackleton
BraterGreenLawShulman
BrewerHagerLemmonsSpade
Brown, C.HansenMeadStamas
BylHartMiddaughSwitalski
CassisHowellMortimerTabor
CaulJansenPappageorgeToy
CherryJelinekPattersonVan Woerkom
DeRossettJellemaPerriconeVander Roest
DeVuystJohnson, RickPestkaVear
DeWeeseJohnson, RuthPumfordVoorhees
EhardtJulianRaczkowskiWoronchak

Faunce

 

 

In The Chair: Patterson

Rep. O'Neil moved to amend the bill as follows:

1. Amend page 3, line 12, after "(b)" by striking out "Fifty" and inserting "Thirty".

2. Amend page 3, line 14, after "(c)" by striking out "Seventy-five" and inserting "Thirty".

The question being on the adoption of the amendments offered by Rep. O'Neil,

Rep. O'Neil demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendments offered by Rep. O'Neil,

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

 

 

Roll Call No. 416 Yeas--47

 

 
BairdDanielsLemmonsSchermesser
BashamDennisLockwoodScott
BogardusFrankMartinezSheltrown
BovinGieleghemMinoreSpade
BraterHaleNeumannStallworth
BrewerHanleyO'NeilSwitalski
Brown, B.HansenPestkaTesanovich
BylHardmanPriceThomas
CallahanJamnickPrusiVaughn
CherryKellyQuarlesWojno
Clark, I.KilpatrickReevesWoodward
Clarke, H.LaForgeRivet

 

 

Nays--57

 

 
AllenGilbertKowallRichner
BirkholzGodchauxKuipersRocca
BisbeeGosselinKukukSanborn
BishopGreenLaSataScranton
BradstreetHagerLawShackleton
Brown, C.HartMeadShulman
CassisHowellMiddaughStamas
CaulJansenMortimerTabor
DeRossettJelinekPappageorgeToy
DeVuystJellemaPattersonVan Woerkom
DeWeeseJohnson, RickPerriconeVander Roest
EhardtJohnson, RuthPumfordVear
FaunceJulianRaczkowskiVoorhees
GarciaKoetjeRichardvilleWoronchak

Geiger

 

 

In The Chair: Patterson

 

______

 

 

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

The motion prevailed.

 

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

The motion prevailed.

 

Rep. Schermesser moved that Reps. DeHart and Mans be excused temporarily from today's session.

The motion prevailed.

Rep. Frank moved that Rep. Rison be excused temporarily from today's session.

The motion prevailed.

 

Rep. O'Neil moved to amend the bill as follows:

1. Amend page 10, line 11, by striking out all of subdivision (d) and relettering the remaining subdivisions.

2. Amend page 12, line 16, by striking out all of subdivision (d) and relettering the remaining subdivisions.

The question being on the adoption of the amendments offered by Rep. O'Neil,

Rep. O'Neil demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendments offered by Rep. O'Neil,

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

 

 

Roll Call No. 417 Yeas--35

 

 
BashamDennisLemmonsSchermesser
BovinFaunceLockwoodScott
BraterGieleghemMartinezStallworth
BrewerHaleMinoreTesanovich
CallahanHanleyO'NeilThomas
CherryHansenPriceVaughn
Clark, I.HardmanPrusiWojno
Clarke, H.JamnickQuarlesWoodward
DanielsKellyReeves

 

 

Nays--65

 

 
AllenGeigerKuipersRocca
BairdGilbertKukukSanborn
BirkholzGodchauxLaSataScranton
BisbeeGosselinLawShackleton
BishopGreenMeadSheltrown
BradstreetHagerMiddaughShulman
Brown, B.HartMortimerSpade
Brown, C.HowellNeumannStamas
BylJansenPattersonSwitalski
CassisJelinekPerriconeTabor
CaulJellemaPestkaToy
DeRossettJohnson, RickPumfordVan Woerkom
DeVuystJohnson, RuthRaczkowskiVander Roest
DeWeeseJulianRichardvilleVear
EhardtKoetjeRichnerVoorhees
FrankKowallRivetWoronchak

Garcia

 

 

In The Chair: Patterson

 

 

Rep. Minore moved to amend the bill as follows:

1. Amend page 5, line 14, by striking out all of subdivision (c) and relettering the remaining subdivisions.

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

Rep. Minore demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 418 Yeas--43

 

 
BairdDanielsLemmonsScott
BashamDennisLockwoodSheltrown
BogardusFrankMartinezSpade
BovinGieleghemMinoreStallworth
BraterHaleNeumannSwitalski
BrewerHanleyO'NeilTesanovich
Brown, B.HansenPestkaThomas
CallahanHardmanPriceVaughn
CherryJamnickPrusiWojno
Clark, I.KellyReevesWoodward
Clarke, H.LaForgeRivet

 

 

Nays--58

 

 
AllenGeigerKowallRichner
BirkholzGilbertKuipersRocca
BisbeeGodchauxKukukSanborn
BishopGosselinLaSataScranton
BradstreetGreenLawShackleton
Brown, C.HagerMeadShulman
BylHartMiddaughStamas
CassisHowellMortimerTabor
CaulJansenPappageorgeToy
DeRossettJelinekPattersonVan Woerkom
DeVuystJellemaPerriconeVander Roest
DeWeeseJohnson, RickPumfordVear
EhardtJohnson, RuthRaczkowskiVoorhees
FaunceJulianRichardvilleWoronchak

Garcia Koetje

 

 

In The Chair: Patterson

 

 

Rep. Gieleghem moved to amend the bill as follows:

1. Amend page 3, line 10, after "(a)" by striking out "Thirty" and inserting "One hundred".

2. Amend page 3, line 12, after "(b)" by striking out "Fifty" and inserting "One hundred".

3. Amend page 3, line 14, after "(c)" by striking out "Seventy-five" and inserting "One hundred".

4. Amend page 5, line 8, after "5." by inserting "(1)".

5. Amend page 5, line 9, after "commission" by striking out "may" and inserting "shall".

6. Amend page 5, line 10, after "for" by striking out "1 or more" and inserting "all".

7. Amend page 5, following line 18, by inserting:

"(e) Funding of programs to improve the health of school age and preschool age students who may become eligible for the Michigan merit award scholarship, including alcohol, drug, tobacco, teen pregnancy prevention, and school violence prevention programs." and relettering the remaining subdivision.

8. Amend page 5, following line 19, by inserting:

"(2) Money allocated to programs described in subsection (1)(e) shall be set aside as a separate account within the trust fund and earmarked for those programs. Money set aside in a separate account for those programs shall be not less than the following:

(a) Seventy percent of the tobacco settlement revenues received in fiscal years 1998-1999 and 1999-2000.

(b) Fifty percent of the tobacco settlement revenues received in fiscal year 2000-2001.

(c) Twenty-five percent of the tobacco settlement revenues received in fiscal year 2001-2002 and in subsequent fiscal years.

(3) Fifty percent of the money set aside in a separate account within the trust fund under subsection (2)(a) and (b) shall not be expended until 2001-2002. Beginning in fiscal year 2001-2002 and in each subsequent fiscal year, the earnings on the money described in subsection (2)(a) and (b), and the money described in subsection (2)(c) and the earnings on that money, shall be expended for the programs described in subsection (1)(e).".

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

Rep. Gieleghem demanded the yeas and nays.

The demand was supported.

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

 

 

Point of Order

 

 

Rep. Raczkowski requested a ruling from the Chair regarding the germaneness of the amendments.

The Chair ruled that the amendments were not germane pursuant to House Rule 64. These amendments introduce a new proposition which is not germane to the subject matter of the bill as introduced and as it is currently before the House.

 

Rep. Gieleghem appealed the decision of the Chair.

The question being, "Shall the judgment of the Chair stand as the judgment of the House?"

The judgment of the Chair stood as the judgment of the House, a majority of the members present and voting, voting therefor, by yeas and nays, as follows:

 

 

Roll Call No. 419 Yeas--56

 

 
AllenGarciaKoetjeRichner
BirkholzGeigerKowallRocca
BisbeeGilbertKuipersSanborn
BishopGodchauxKukukScranton
BradstreetGosselinLaSataShackleton
Brown, C.GreenMeadShulman
BylHagerMiddaughStamas
CassisHartMortimerTabor
CaulHowellPappageorgeToy
DeRossettJansenPattersonVan Woerkom
DeVuystJelinekPerriconeVander Roest
DeWeeseJohnson, RickPumfordVear
EhardtJohnson, RuthRaczkowskiVoorhees
FaunceJulianRichardvilleWoronchak

 

 

Nays--41

 

 
BairdDennisMinoreScott
BashamFrankNeumannSheltrown
BogardusHaleO'NeilSpade
BovinHanleyPestkaStallworth
BraterHansenPriceSwitalski
Brown, B.HardmanPrusiTesanovich
CallahanJamnickQuarlesThomas
CherryKilpatrickReevesVaughn
Clark, I.LockwoodRivetWojno
Clarke, H.MartinezSchermesserWoodward

Daniels

 

 

In The Chair: Patterson

 

 

Rep. Kuipers moved to amend the bill as follows:

1. Amend page 3, line 7, after "sist" by inserting "only".

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

Rep. Scott moved that Rep. Quarles be excused from the balance of today's session.

The motion prevailed.

 

Rep. Bob Brown moved to amend the bill as follows:

1. Amend page 10, following line 16, by inserting:

"(f) The adjusted gross income of the student's family is $200,000.00 or less, or is greater than $200,000.00 and the student has demonstrated a hardship under rules promulgated by the commission." and relettering the remaining subdivision.

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

Rep. Bob Brown demanded the yeas and nays.

The demand was supported.

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

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

 

 

Roll Call No. 420 Yeas--37

 

 
BashamDennisLemmonsSchermesser
BogardusGieleghemLockwoodScott
BovinHaleMartinezSheltrown
BraterHanleyMinoreTesanovich
BrewerHansenNeumannThomas
Brown, B.HardmanO'NeilVaughn
CallahanKellyPriceWojno
Clark, I.KilpatrickReevesWoodward
Clarke, H.LaForgeRivetWoronchak

Daniels

 

 

Nays--60

 

 
AllenGarciaJulianRichner
BairdGeigerKoetjeRocca
BirkholzGilbertKowallSanborn
BisbeeGodchauxKuipersScranton
BishopGosselinKukukShackleton
BradstreetGreenLaSataShulman
Brown, C.HagerMeadSpade
BylHartMiddaughStamas
CassisHowellMortimerSwitalski
CaulJamnickPappageorgeTabor
CherryJansenPattersonToy
DeRossettJelinekPerriconeVan Woerkom
DeVuystJellemaPumfordVander Roest
DeWeeseJohnson, RickRaczkowskiVear
EhardtJohnson, RuthRichardvilleVoorhees

 

 

In The Chair: Patterson

 

 

Rep. Bogardus moved to amend the bill as follows:

1. Amend page 13, following line 11, by inserting:

"Sec. 10. (1) As used in this section:

(a) "Phase I" means the first part of the tuition incentive assistance program defined as the academic period of 80 semester or 120 term credits, or less, leading to an associate degree or certificate.

(b) "Phase II" means the second part of the tuition incentive assistance program which provides assistance in the third and fourth year of 4-year degree programs.

(c) "Department" means the family independence agency.

(2) The tuition incentive program is established. The department shall administer the tuition incentive program.

(3) The funds appropriated for the tuition incentive program shall be distributed as provided in this section and pursuant to the administrative procedures for the tuition incentive program of the family independence agency.

(4) A person shall meet the following basic criteria and financial thresholds to be eligible for tuition incentive benefits:

(a) To be eligible for phase I, a person shall meet all of the following criteria:

(i) Apply for certification to the department before graduating from high school or completing the general education development (GED) certificate.

(ii) Be less than 20 years of age at the time of high school graduation or GED completion.

(iii) Be a United States citizen and a resident of Michigan according to institutional criteria.

(iv) Be at least a half-time student, earning less than 80 semester or 120 term credits at a participating educational institution within 4 years of high school graduation or GED certificate completion.

(b) To be eligible for phase II, a person shall meet either of the following criteria in addition to the criteria in subdivision (a):

(i) Complete at least 56 transferable semester or 84 transferable term credits.

(ii) Obtain an associate degree or certificate at a participating institution.

(c) To be eligible for phase I or phase II, a person must be financially eligible as determined by the department. A person is financially eligible for the tuition incentive program if that person was Medicaid eligible for 24 months within the 36 months before application. Certification of eligibility may begin in the sixth grade and continue until the time of enrollment in a participating institution.

(5) For phase I, the department shall provide payment on behalf of a person eligible under subsection (4). The department shall reject billings that are excessive or outside the guidelines for the type of educational institution.

(6) For phase I, all of the following apply:

(a) Payments for associate degree or certificate programs shall not be made for more than 80 semester or 120 term credits for any individual student at any participating institution.

(b) For persons enrolled at a Michigan community college, the department shall pay the current in-district tuition and mandatory fees. For persons residing in an area that is not included in any community college district, the out-of-district tuition rate may be authorized.

(c) For persons enrolled at a Michigan public university, the department shall pay lower level resident tuition and mandatory fees for the current year.

(d) For persons enrolled at a Michigan independent, nonprofit degree granting college or university or a Michigan federal tribally controlled community college, the department shall pay mandatory fees for the current year and a per credit payment that does not exceed the average community college in-district per credit tuition rate as reported on August 1, for the immediately preceding academic year.

(7) A person participating in phase II may be eligible for additional funds not to exceed $500.00 per semester or $400.00 per term up to a maximum of $4,000.00 subject to the following conditions:

(a) Credits are earned in a 4-year program at a Michigan degree granting 4-year college or university.

(b) The tuition reimbursement is for coursework completed within 30 months of completion of the phase I requirements.

(8) Program payments shall not be used by any recipient for theology or divinity courses.

(9) The department shall work closely with participating institutions to develop an application and eligibility determination process that will provide the highest level of participation and ensure that all requirements of the program are met.

(10) Applications for the tuition incentive program may be approved at any time after the student begins the sixth grade. If a determination of financial eligibility is made, that determination is valid as long as the student meets all other program requirements and conditions.

(11) Each institution shall ensure that all known available restricted grants for tuition and fees are used prior to billing the tuition incentive program for any portion of a student's tuition and fees.

(12) The department shall ensure that the tuition incentive program is well publicized and that potentially eligible Medicaid clients are provided information on the program. The department shall provide the necessary funding and staff to fully operate the program.

(13) Any unexpended and unencumbered funds remaining from amounts appropriated for the tuition incentive program at the close of a fiscal year shall not revert to the general fund but shall continue to be available for expenditure for the tuition incentive program in subsequent fiscal years.".

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

Rep. Bogardus demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 421 Yeas--43

 

 
BairdDanielsLockwoodScott
BashamDennisMartinezSheltrown
BogardusFrankMinoreSpade
BovinHaleNeumannStallworth
BraterHanleyO'NeilSwitalski
BrewerHansenPestkaTesanovich
Brown, B.HardmanPriceThomas
CallahanKellyPrusiVaughn
CherryKilpatrickReevesWojno
Clark, I.LaForgeRivetWoodward
Clarke, H.LemmonsSchermesser

 

 

Nays--57

 

 
AllenGeigerKoetjeRichner
BirkholzGilbertKowallRocca
BisbeeGodchauxKuipersSanborn
BishopGosselinKukukScranton
BradstreetGreenLaSataShackleton
Brown, C.HagerMeadShulman
BylHartMiddaughStamas
CassisHowellMortimerTabor
CaulJansenPappageorgeToy
DeRossettJelinekPattersonVan Woerkom
DeVuystJellemaPerriconeVander Roest
DeWeeseJohnson, RickPumfordVear
EhardtJohnson, RuthRaczkowskiVoorhees
FaunceJulianRichardvilleWoronchak

Garcia

 

 

In The Chair: Patterson

 

 

Rep. O'Neil moved to amend the bill as follows:

1. Amend page 10, following line 16, by inserting:

"(f) The student certifies in writing that he or she is not a smoker and has provided a copy of his or her urinalysis in support of the writing.".

The question being on the adoption of the amendment offered by Rep. O'Neil,

Rep. O'Neil demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendment offered by Rep. O'Neil,

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

 

 

Roll Call No. 422 Yeas--28

 

 
BashamDanielsKilpatrickRivet
BogardusFrankLaForgeSchermesser
BrewerHaleLockwoodScott
Brown, B.HansenMinoreSheltrown
CallahanHardmanNeumannStallworth
Clark, I.JamnickO'NeilThomas
Clarke, H.KellyReevesWojno

Nays--64

 

 
AllenGarciaKuipersSanborn
BairdGeigerKukukScranton
BirkholzGilbertLaSataShackleton
BisbeeGosselinMartinezShulman
BishopGreenMeadSpade
BradstreetHagerMiddaughStamas
BraterHartMortimerSwitalski
Brown, C.HowellPappageorgeTabor
BylJansenPattersonTesanovich
CassisJelinekPerriconeToy
CaulJellemaPrusiVan Woerkom
CherryJohnson, RickPumfordVander Roest
DeRossettJohnson, RuthRaczkowskiVear
DeVuystJulianRichardvilleVoorhees
DeWeeseKoetjeRichnerWoodward
FaunceKowallRoccaWoronchak

 

 

In The Chair: Patterson

 

 

Rep. Bob Brown moved to amend the bill as follows:

1. Amend page 5, line 19, by striking out subdivision (e).

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

Rep. Bob Brown demanded the yeas and nays.

The demand was supported.

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

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

 

 

Roll Call No. 423 Yeas--43

 

 
BashamDanielsMartinezSheltrown
BisbeeDennisMinoreSpade
BogardusFrankNeumannStallworth
BovinHaleO'NeilSwitalski
BraterHanleyPestkaTesanovich
BrewerHardmanPriceThomas
Brown, B.JamnickPrusiVaughn
CallahanKellyReevesWojno
CherryKilpatrickRivetWoodward
Clark, I.LaForgeSchermesserWoronchak
Clarke, H.LockwoodScott

 

 

Nays--55

 

 
AllenGeigerKowallRichner
BairdGilbertKuipersRocca
BirkholzGodchauxKukukSanborn
BishopGosselinLaSataScranton
BradstreetHagerLemmonsShackleton
Brown, C.HartMeadShulman
BylHowellMiddaughStamas
CassisJansenMortimerTabor
DeRossettJelinekPappageorgeToy
DeVuystJellemaPattersonVan Woerkom
DeWeeseJohnson, RickPerriconeVander Roest
EhardtJohnson, RuthPumfordVear
FaunceJulianRaczkowskiVoorhees
GarciaKoetjeRichardville

 

 

In The Chair: Patterson

 

 

Rep. Hale moved to amend the bill as follows:

1. Amend page 5, line 8, after "5." by inserting "(1)".

2. Amend page 5, following line 19, by inserting:

"(2) If the commission receives a request from a student who intends to take an examination or test described in section 7(2)(b) or (c) and meets the income eligibility criteria for free or reduced price lunch, as determined under the national school lunch act, chapter 281, 60 Stat. 230, 42 U.S.C. 1751 to 1753, 1755 to 1761, 1762a, 1765 to 1766a, 1769, 1769b to 1769c, and 1769f to 1769h, the commission shall authorize disbursement of funds from the trust fund to pay for the student's examination or test.".

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

Rep. Hale demanded the yeas and nays.

The demand was supported.

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

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

 

 

Roll Call No. 424 Yeas--43

 

 
BashamDennisLemmonsSchermesser
BogardusFrankLockwoodScott
BovinGieleghemMartinezSheltrown
BraterHaleMinoreSpade
BrewerHanleyNeumannStallworth
Brown, B.HansenO'NeilTesanovich
CallahanHardmanPestkaThomas
CherryJamnickPriceVaughn
Clark, I.KellyPrusiWojno
Clarke, H.KilpatrickReevesWoodward
DanielsLaForgeRivet

 

 

Nays--59

 

 
AllenGarciaKoetjeRocca
BairdGeigerKowallSanborn
BirkholzGilbertKuipersScranton
BisbeeGodchauxKukukShackleton
BishopGosselinLaSataShulman
BradstreetGreenMeadStamas
Brown, C.HagerMiddaughSwitalski
BylHartMortimerTabor
CassisHowellPappageorgeToy
CaulJansenPattersonVan Woerkom
DeRossettJelinekPerriconeVander Roest
DeVuystJellemaPumfordVear
DeWeeseJohnson, RickRaczkowskiVoorhees
EhardtJohnson, RuthRichardvilleWoronchak
FaunceJulianRichner

 

 

In The Chair: Patterson

Rep. Switalski moved to amend the bill as follows:

1. Amend page 1, line 7, after "institution" by inserting "located in this state".

2. Amend page 1, line 8, after "credentials" by inserting "in this state".

3. Amend page 8, line 10, after "scholarship" by striking out the balance of the line through "state" on line 14.

The motion did not prevail and the amendments were not adopted, a majority of the members serving not voting therefor.

 

Rep. Spade moved to amend the bill as follows:

1. Amend page 12, line 4, by striking out "the approved postsecondary educational institution or".

2. Amend page 12, line 5, after "state." by inserting "It is the intent of the legislature that an approved postsecondary educational institution not reduce institutionally-funded student aid because of the Michigan merit award scholarship program.".

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

Rep. Spade demanded the yeas and nays.

The demand was supported.

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

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

 

 

Roll Call No. 425 Yeas--99

 

 
AllenEhardtKoetjeRocca
BairdFaunceKowallSanborn
BashamFrankKuipersSchermesser
BirkholzGarciaKukukScott
BisbeeGeigerLaSataScranton
BishopGieleghemLemmonsShackleton
BogardusGilbertLockwoodSheltrown
BovinGosselinMartinezShulman
BradstreetGreenMeadSpade
BraterHagerMiddaughStallworth
BrewerHaleMortimerStamas
Brown, B.HanleyNeumannSwitalski
Brown, C.HansenO'NeilTabor
BylHardmanPappageorgeTesanovich
CallahanHartPattersonThomas
CassisHowellPerriconeToy
CaulJamnickPestkaVan Woerkom
CherryJansenPriceVander Roest
Clark, I.JelinekPrusiVaughn
Clarke, H.JellemaPumfordVear
DanielsJohnson, RickRaczkowskiVoorhees
DennisJohnson, RuthReevesWojno
DeRossettJulianRichardvilleWoodward
DeVuystKellyRichnerWoronchak
DeWeeseKilpatrickRivet

 

 

Nays--0

 

 

In The Chair: Patterson

 

 

Rep. Price moved to amend the bill as follows:

1. Amend page 8, line 15, after "student" by striking out the balance of the subsection and inserting "meets 2 or more of the following:

(a) The student while in high school has taken the assessment test in each of the subject areas of reading, writing, mathematics, and science and meets 1 of the following:

(i) Has received qualifying results in each of the subject areas of reading, writing, mathematics, and science.

(ii) Received an overall score in the top 25% of a nationally recognized college admission examination.

(iii) Received a qualifying score or scores as determined by the commission on a nationally recognized job skills assessment test designated by the commission.

(b) The student's attendance while in grade 12 meets or exceeds a standard for attendance determined by the commission.

(c) The student's cumulative grade point average while in high school for courses in mathematics, English, social studies, and science meets or exceeds a standard determined by the commission.

(d) The student's participation in extracurricular activities, including but not limited to volunteer and community service, music, athletics, student government, or other extracurricular activities, meets or exceeds a standard determined by the commission.

(e) The student satisfies other criteria established by the commission that demonstrate the student's motivation to continue or pursue higher education.".

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

Rep. Price demanded the yeas and nays.

The demand was supported.

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

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

 

 

Roll Call No. 426 Yeas--45

 

 
BairdDennisLemmonsSchermesser
BashamFrankLockwoodScott
BogardusGieleghemMartinezSheltrown
BovinHaleMinoreSpade
BraterHanleyNeumannStallworth
BrewerHansenO'NeilSwitalski
Brown, B.HardmanPestkaTesanovich
CallahanJamnickPriceThomas
CherryKellyPrusiVaughn
Clark, I.KilpatrickReevesWojno
Clarke, H.LaForgeRivetWoodward

Daniels

 

 

Nays--58

 

 
AllenGeigerKowallRichner
BirkholzGilbertKuipersRocca
BisbeeGodchauxKukukSanborn
BishopGosselinLaSataScranton
BradstreetGreenLawShackleton
Brown, C.HagerMeadShulman
BylHartMiddaughStamas
CassisHowellMortimerTabor
CaulJansenPappageorgeToy
DeRossettJelinekPattersonVan Woerkom
DeVuystJellemaPerriconeVander Roest
DeWeeseJohnson, RickPumfordVear
EhardtJohnson, RuthRaczkowskiVoorhees
FaunceJulianRichardvilleWoronchak

Garcia Koetje

 

 

In The Chair: Patterson

 

 

Rep. Hanley moved to substitute (H-4) the bill.

The question being on the adoption of the substitute (H-4) offered by Rep. Hanley,

Rep. Hanley demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the substitute (H-4) offered by Rep. Hanley,

Point of Order

 

 

Rep. Raczkowski requested a ruling from the Chair regarding the germaneness of the substitute.

The Chair ruled that the substitute is not germane pursuant to House Rule 64. The substitute introduces a new proposition which is not germane to the subject matter of the bill as introduced and as it is currently before the House.

 

Rep. Kilpatrick appealed the decision of the Chair.

The question being, "Shall the judgment of the Chair stand as the judgment of the House?"

The judgment of the Chair stood as the judgment of the House, a majority of the members present and voting, voting therefor, by yeas and nays, as follows:

 

 

Roll Call No. 427 Yeas--56

 

 
AllenGeigerKowallRichner
BirkholzGilbertKuipersRocca
BisbeeGodchauxKukukSanborn
BishopGreenLaSataScranton
BradstreetHagerLawShackleton
Brown, C.HartMeadShulman
BylHowellMiddaughStamas
CassisJansenMortimerTabor
CaulJelinekPappageorgeToy
DeRossettJellemaPattersonVan Woerkom
DeVuystJohnson, RickPerriconeVander Roest
DeWeeseJohnson, RuthPumfordVear
FaunceJulianRaczkowskiVoorhees
GarciaKoetjeRichardvilleWoronchak

 

 

Nays--44

 

 
BairdDanielsLaForgeSchermesser
BashamDennisLemmonsScott
BogardusFrankLockwoodSheltrown
BovinGieleghemMartinezSpade
BraterHaleMinoreStallworth
BrewerHanleyNeumannSwitalski
Brown, B.HansenO'NeilTesanovich
CallahanHardmanPestkaThomas
CherryJamnickPriceVaughn
Clark, I.KellyPrusiWojno
Clarke, H.KilpatrickRivetWoodward

 

 

In The Chair: Patterson

 

 

Rep. Bob Brown moved to amend the bill as follows:

1. Amend page 1, line 9, after "institution" by inserting a comma and "that complies with the tuition restraint incentive grant program".

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

Rep. Bob Brown demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 428 Yeas--39

 

 
BairdFrankMinoreScott
BashamHaleNeumannSheltrown
BogardusHanleyO'NeilStallworth
BovinHansenPestkaSwitalski
BrewerHardmanPriceTesanovich
Brown, B.JamnickPrusiThomas
CallahanKilpatrickReevesVaughn
Clark, I.LaForgeRisonWojno
Clarke, H.LemmonsRivetWoodward
DennisLockwoodSchermesser

 

 

Nays--60

 

 
AllenFaunceJulianRichardville
BirkholzGarciaKoetjeRichner
BisbeeGeigerKowallRocca
BishopGilbertKuipersSanborn
BradstreetGodchauxKukukScranton
BraterGosselinLaSataShackleton
Brown, C.GreenMartinezShulman
BylHagerMeadSpade
CassisHartMiddaughStamas
CaulHowellMortimerTabor
CherryJansenPappageorgeToy
DeRossettJelinekPattersonVan Woerkom
DeVuystJellemaPerriconeVander Roest
DeWeeseJohnson, RickPumfordVear
EhardtJohnson, RuthRaczkowskiWoronchak

 

 

In The Chair: Patterson

 

 

Rep. Stallworth moved to amend the bill as follows:

1. Amend page 8, line 22, after "of'' by inserting "the Michigan students or students nationally who have taken".

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

Rep. Stallworth demanded the yeas and nays.

The demand was supported.

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

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

 

 

Roll Call No. 429 Yeas--36

 

 
BashamDennisLemmonsScott
BogardusFrankLockwoodSheltrown
BovinGieleghemNeumannStallworth
BrewerHaleO'NeilSwitalski
Brown, B.HansenPriceTesanovich
CallahanHardmanPrusiThomas
CherryJamnickReevesVaughn
Clark, I.KilpatrickRisonWojno
Clarke, H.LaForgeSchermesserWoodward

Nays--60

 

 
AllenFaunceKoetjeRichner
BairdGarciaKowallRocca
BirkholzGeigerKuipersSanborn
BisbeeGilbertKukukScranton
BishopGodchauxLaSataShackleton
BradstreetGreenLawShulman
BraterHagerMartinezSpade
Brown, C.HartMeadStamas
BylHowellMiddaughTabor
CassisJansenMortimerToy
CaulJelinekPappageorgeVan Woerkom
DeRossettJellemaPattersonVander Roest
DeVuystJohnson, RickPumfordVear
DeWeeseJohnson, RuthRaczkowskiVoorhees
EhardtJulianRichardvilleWoronchak

 

 

In The Chair: Patterson

 

 

Rep. Stallworth moved to amend the bill as follows:

1. Amend page 9, following line 2, by inserting:

"(d) Did not receive qualifying results in 1 or 2 of the subject areas of reading, writing, mathematics, and science, but demonstrates to the commission that he or she suffered a family or economic loss as a result of a tobacco-related illness.".

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

Rep. Stallworth demanded the yeas and nays.

The demand was supported.

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

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

 

 

Roll Call No. 430 Yeas--40

 

 
BashamDanielsKilpatrickRison
BogardusDennisLaForgeRivet
BovinFrankLemmonsSchermesser
BraterGieleghemLockwoodScott
BrewerHaleMinoreSheltrown
Brown, B.HanleyNeumannStallworth
CallahanHansenO'NeilTesanovich
CherryHardmanPestkaThomas
Clark, I.JamnickPrusiVaughn
Clarke, H.KellyReevesWoodward

 

 

Nays--61

 

 
AllenGeigerKowallSanborn
BairdGilbertKuipersScranton
BirkholzGodchauxKukukShackleton
BisbeeGosselinLaSataShulman
BishopGreenMeadSpade
BradstreetHagerMiddaughStamas
Brown, C.HartMortimerSwitalski
BylHowellPappageorgeTabor
CassisJansenPattersonToy
CaulJelinekPerriconeVan Woerkom
DeRossettJellemaPumfordVander Roest
DeVuystJohnson, RickRaczkowskiVear
DeWeeseJohnson, RuthRichardvilleVoorhees
EhardtJulianRichnerWojno
FaunceKoetjeRoccaWoronchak

Garcia

 

 

In The Chair: Patterson

 

______

 

 

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

The motion prevailed.

 

Rep. Stallworth moved to amend the bill as follows:

1. Amend page 5, line 8, after "5." by inserting "(1)".

2. Amend page 5, line 8, after "legislature," by inserting "and subject to subsection (2),".

3. Amend page 5, following line 19, by inserting:

"(2) The commission shall not disburse funds for Michigan merit award scholarships under subsection (1) in a fiscal year if less than 80% of eligible Michigan students in high school and junior high school in the preceding academic year took the assessment tests.".

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

Rep. Stallworth demanded the yeas and nays.

The demand was supported.

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

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

 

 

Roll Call No. 431 Yeas--34

 

 
BashamDennisLemmonsRison
BogardusFrankLockwoodRivet
BovinGieleghemMinoreSchermesser
BraterHaleNeumannScott
BrewerHansenO'NeilSheltrown
CallahanHardmanPestkaStallworth
Clark, I.JamnickPrusiThomas
Clarke, H.KilpatrickReevesVaughn

Daniels LaForge

 

 

Nays--61

 

 
AllenGarciaKowallSanborn
BairdGeigerKuipersScranton
BirkholzGilbertKukukShackleton
BisbeeGodchauxLaSataShulman
BishopGosselinMeadSpade
BradstreetGreenMiddaughStamas
Brown, B.HagerMortimerSwitalski
Brown, C.HartPappageorgeTabor
BylHowellPattersonToy
CassisJansenPerriconeVan Woerkom
CaulJelinekPumfordVander Roest
DeRossettJohnson, RickRaczkowskiVear
DeVuystJohnson, RuthRichardvilleVoorhees
DeWeeseJulianRichnerWojno
EhardtKoetjeRoccaWoronchak

Faunce

 

 

In The Chair: Patterson

 

 

Rep. Stallworth moved to amend the bill as follows:

1. Amend page 13, line 4, after "scholarship." by inserting "The appeals process shall include a requirement that the commission must consider the student's social and economic circumstances and the student's history in demonstrating an extraordinary commitment to personal growth.".

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

Rep. Stallworth demanded the yeas and nays.

The demand was supported.

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

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

 

 

Roll Call No. 432 Yeas--32

 

 
BashamDennisLemmonsRison
BogardusGieleghemLockwoodRivet
BraterHaleMartinezSchermesser
BrewerHanleyMinoreScott
CherryHansenO'NeilStallworth
Clark, I.JamnickPriceTesanovich
Clarke, H.KilpatrickPrusiThomas
DanielsLaForgeReevesVaughn

 

 

Nays--66

 

 
AllenFrankKuipersScranton
BairdGarciaLaSataShackleton
BirkholzGeigerLawSheltrown
BisbeeGilbertMeadShulman
BishopGodchauxMiddaughSpade
BovinGosselinMortimerStamas
BradstreetGreenNeumannSwitalski
Brown, B.HagerPappageorgeTabor
Brown, C.HartPattersonToy
BylHowellPerriconeVan Woerkom
CassisJansenPestkaVander Roest
CaulJelinekPumfordVear
DeRossettJellemaRichardvilleVoorhees
DeVuystJohnson, RickRichnerWojno
DeWeeseJohnson, RuthRoccaWoodward
EhardtJulianSanbornWoronchak

Faunce Kowall

 

 

In The Chair: Patterson

Rep. Stallworth moved to amend the bill as follows:

1. Amend page 10, line 11, after "felony" by inserting a comma and "unless the student submits a statement from a school district that the student completed 40 hours of community service with the school district that focused on deterring students from antisocial behavior and encouraging academic achievement".

2. Amend page 12, line 16, after "felony" by inserting "or if convicted of a felony has completed the community service described in section 7(4)(d)".

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

Rep. Stallworth demanded the yeas and nays.

The demand was supported.

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

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

 

 

Roll Call No. 433 Yeas--29

 

 
BashamHansenMartinezRivet
BraterHardmanMinoreSchermesser
BrewerJamnickO'NeilScott
CherryKellyPriceStallworth
Clark, I.KilpatrickPrusiTesanovich
Clarke, H.LaForgeReevesThomas
DanielsLemmonsRisonVaughn

Hale

 

 

Nays--68

 

 
AllenFaunceKowallRocca
BairdGarciaKuipersSanborn
BirkholzGeigerKukukShackleton
BisbeeGieleghemLaSataSheltrown
BishopGilbertLawShulman
BovinGodchauxLockwoodSpade
BradstreetGosselinMeadStamas
Brown, B.GreenMiddaughSwitalski
Brown, C.HartMortimerTabor
BylHowellPappageorgeToy
CallahanJansenPattersonVan Woerkom
CassisJelinekPerriconeVander Roest
CaulJellemaPestkaVear
DennisJohnson, RickPumfordVoorhees
DeRossettJohnson, RuthRaczkowskiWojno
DeWeeseJulianRichardvilleWoodward
EhardtKoetjeRichnerWoronchak

 

 

In The Chair: Patterson

 

 

Rep. Stallworth moved to amend the bill as follows:

1. Amend page 6, line 20, after "year" by inserting a comma and "in total and by school district".

2. Amend page 7, line 15, after "scholarship" by inserting a comma and "in total and by school district".

3. Amend page 7, following line 19, by inserting:

"(h) The number of students eligible for Michigan merit award scholarships in the immediately preceding year, in total and by school district.".

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

Rep. Stallworth demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 434 Yeas--44

 

 
BairdDennisLemmonsRivet
BashamFrankLockwoodScott
BogardusGieleghemMartinezSheltrown
BraterHaleMinoreSpade
BrewerHanleyNeumannStallworth
Brown, B.HansenO'NeilSwitalski
CallahanHardmanPestkaTesanovich
CherryJamnickPriceThomas
Clark, I.KellyPrusiVaughn
Clarke, H.KilpatrickReevesWojno
DanielsLaForgeRisonWoodward

 

 

Nays--57

 

 
AllenGeigerKoetjeRichardville
BirkholzGilbertKowallRichner
BisbeeGodchauxKuipersRocca
BishopGosselinKukukSanborn
BradstreetGreenLaSataScranton
Brown, C.HagerLawShackleton
BylHartMeadShulman
CassisHowellMiddaughStamas
CaulJansenMortimerTabor
DeRossettJelinekPappageorgeToy
DeVuystJellemaPattersonVan Woerkom
DeWeeseJohnson, RickPerriconeVander Roest
EhardtJohnson, RuthPumfordVear
FaunceJulianRaczkowskiWoronchak

Garcia

 

 

In The Chair: Patterson

 

 

Reps. Tesanovich and Faunce moved to amend the bill as follows:

1. Amend page 10, line 11, after "felony" by inserting "involving an assault, physical injury, or death".

2. Amend page 12, line 16, after "felony" by inserting "involving an assault, physical injury, or death".

The question being on the adoption of the amendments offered by Reps. Tesanovich and Faunce,

Rep. Faunce demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendments offered by Reps. Tesanovich and Faunce,

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

 

 

Roll Call No. 435 Yeas--97

 

 
AllenFaunceKuipersRison
BairdFrankKukukRivet
BashamGarciaLaForgeRocca
BirkholzGeigerLaSataSanborn
BisbeeGieleghemLawSchermesser
BishopGilbertLemmonsScott
BogardusGodchauxLockwoodScranton
BovinGosselinMartinezShackleton
BradstreetHagerMeadShulman
BraterHaleMiddaughSpade
BrewerHansenMinoreStallworth
Brown, C.HardmanNeumannStamas
BylHartO'NeilSwitalski
CallahanHowellPappageorgeTabor
CassisJamnickPattersonTesanovich
CaulJansenPerriconeThomas
CherryJelinekPestkaToy
Clark, I.JellemaPriceVan Woerkom
Clarke, H.Johnson, RickPrusiVander Roest
DanielsJohnson, RuthPumfordVaughn
DennisJulianRaczkowskiVear
DeRossettKellyReevesVoorhees
DeVuystKilpatrickRichardvilleWojno
DeWeeseKowallRichnerWoodward

Ehardt

 

 

Nays--5

 

 

Brown, B. Koetje Mortimer Woronchak

Green

 

 

In The Chair: Patterson

 

 

Rep. Richner moved to amend the bill as follows:

1. Amend page 11, following line 16, by inserting:

"(8) A student enrolled in an approved postsecondary educational institution in this state, who previously received a $1,000.00 Michigan merit award scholarship as a student enrolled in an approved postsecondary educational institution outside the state, is entitled to the award of an additional $1,500.00 Michigan merit award scholarship.".

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

 

Rep. Gosselin moved to amend the bill as follows:

1. Amend page 8, line 15, after "student" by striking out the balance of the line through "and" on line 17.

2. Amend page 8, line 18, after "Has" by inserting "taken the assessment test and has".

3. Amend page 8, line 20, after "not" by striking out the balance of the line through "science," on line 21 and inserting "pass or did not take the assessment test,".

4. Amend page 8, line 24, after "not" by striking out the balance of the line through "science," on line 25 and inserting "pass or did not take the assessment test,".

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

Rep. Gosselin demanded the yeas and nays.

The demand was supported.

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

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

 

 

Roll Call No. 436 Yeas--53

 

 
BairdDennisJansenRaczkowski
BashamFrankKellyReeves
BishopGarciaKilpatrickRison
BogardusGieleghemLaForgeRivet
BovinGilbertLemmonsSchermesser
BradstreetGosselinLockwoodScott
BraterGreenMartinezTesanovich
BrewerHaleMinoreThomas
Brown, B.HanleyNeumannVander Roest
CallahanHansenO'NeilVaughn
CherryHardmanPestkaVoorhees
Clark, I.HartPriceWojno
Clarke, H.JamnickPrusiWoodward

Daniels

 

 

Nays--44

 

 
AllenGeigerLawScranton
BirkholzGodchauxMeadShackleton
BisbeeHagerMiddaughShulman
Brown, C.HowellPappageorgeSpade
BylJelinekPattersonStamas
CassisJohnson, RickPerriconeSwitalski
CaulJohnson, RuthPumfordTabor
DeRossettJulianRichardvilleToy
DeVuystKoetjeRichnerVan Woerkom
EhardtKowallRoccaVear
FaunceLaSataSanbornWoronchak

 

 

In The Chair: Patterson

 

 

Point of Order

 

 

Rep. Price requested a ruling from the Chair regarding whether House Bill No. 4666 is properly before the House pursuant to House Rule 45.

The Chair ruled that the bill is properly before the House and is not in violation of House Rule 45. House Bill No. 4666, Sec. 5, explicitly makes the trust fund "subject to appropriation by the legislature" and therefore does not amount to an "expenditure of money".

 

______

 

 

Rep. Brewer asked and obtained a temporary excuse from today's session.

 

Rep. Neumann moved to amend the bill as follows:

1. Amend page 11, following line 16, by inserting:

"Sec. 8. (1) The Michigan hope scholarship program is established. The commission shall administer the Michigan hope scholarship program.

(2) Each student enrolled in grade 12 during or after the 1998-1999 school year who meets the requirements of subsection (3) is eligible for the award of tuition at a community college for up to 2 years if the commission finds that the student while in grades 9 through 12 has maintained 90% attendance.

(3) In addition the the requirements set forth in subsection (2), to be eligible for the award of a Michigan hope scholarship, the commission must find that a student satisfies all of the following:

(a) The student has graduated from high school or passed the GED test or other graduate equivalency examination approved by the state board.

(b) The student is enrolled in a community college.

(c) The student maintains a 90% attendance rate at the community college and is a student in good standing at the community college.

(d) The student satisfies any additional eligibility requirements established by the commission.

(4) The commission shall provide each student written notice of whether or not the student is eligible for the Michigan hope scholarship described in this section. If the student is eligible, the written notice shall also include how the student applies for the Michigan hope scholarship and any other information the commission considers necessary regarding qualification requirements or conditions relating to the use of the Michigan hope scholarship.

(5) A Michigan hope scholarship shall be used only to pay for community college tuition. The commission shall determine the manner and form of application for payment of a Michigan hope scholarship to the community college on the student's behalf. The commission shall pay a Michigan hope scholarship for each semester the student remains eligible for the Michigan hope scholarship up to 4 semesters, but not more than 2 semesters in 1 school year.

(6) Before payment of a Michigan hope scholarship to the community college under subsection (5), the student shall certify or affirm in writing to the commission each of the following:

(a) That the student is enrolled in a community college.

(b) The name of the community college in which the student in enrolled.

(c) That the student agrees to use the Michigan hope scholarship award only for community college tuition.

(d) That the student has graduated from high school or passed the GED or approved graduate equivalency examination within the 6-month period preceding the date of the student's application to receive his or her Michigan hope scholarship." and renumbering the remaining sections.

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

Rep. Neumann demanded the yeas and nays.

The demand was supported.

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

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

 

 

Roll Call No. 437 Yeas--46

 

 
BairdFrankMartinezScott
BashamGieleghemMinoreShackleton
BogardusHaleNeumannSheltrown
BovinHanleyO'NeilSpade
BraterHansenPestkaStallworth
Brown, B.HardmanPriceSwitalski
CallahanJamnickPrusiTesanovich
CherryKellyReevesThomas
Clark, I.KilpatrickRisonVaughn
Clarke, H.LaForgeRivetWojno
DanielsLemmonsSchermesserWoodward

Dennis Lockwood

 

 

Nays--56

 

 
AllenGarciaKoetjeRichardville
BirkholzGeigerKowallRichner
BisbeeGilbertKuipersRocca
BishopGodchauxKukukSanborn
BradstreetGosselinLaSataScranton
Brown, C.GreenLawShulman
BylHagerMeadStamas
CassisHowellMiddaughTabor
CaulJansenMortimerToy
DeRossettJelinekPappageorgeVan Woerkom
DeVuystJellemaPattersonVander Roest
DeWeeseJohnson, RickPerriconeVear
EhardtJohnson, RuthPumfordVoorhees
FaunceJulianRaczkowskiWoronchak

 

 

In The Chair: Patterson

Rep. Gosselin moved to reconsider the vote by which the House did not adopt the amendments offered previously by Rep. Gosselin.

The question being on the motion made by Rep. Gosselin,

Rep. Gosselin demanded the yeas and nays.

The demand was supported.

The question being on the motion made by Rep. Gosselin,

The motion did not prevail, a majority of the members present not voting therefor, by yeas and nays, as follows:

 

 

Roll Call No. 438 Yeas--49

 

 
BairdFrankLaForgeRivet
BashamGieleghemLemmonsSchermesser
BogardusGosselinLockwoodScott
BovinHaleMartinezSheltrown
BradstreetHanleyMinoreStallworth
BraterHansenNeumannSwitalski
Brown, B.HardmanO'NeilTesanovich
CallahanHartPestkaThomas
CherryJamnickPriceVaughn
Clark, I.JansenPrusiVoorhees
Clarke, H.KellyReevesWojno
DanielsKilpatrickRisonWoodward

Dennis

 

 

Nays--49

 

 
AllenGodchauxKukukRichner
BirkholzGreenLaSataRocca
BisbeeHagerLawSanborn
Brown, C.HowellMeadScranton
CassisJelinekMiddaughShackleton
CaulJellemaMortimerShulman
DeRossettJohnson, RickPappageorgeStamas
DeVuystJohnson, RuthPattersonTabor
DeWeeseJulianPerriconeToy
EhardtKoetjePumfordVan Woerkom
FaunceKowallRaczkowskiVear
GarciaKuipersRichardvilleWoronchak

Geiger

 

 

In The Chair: Patterson

 

 

Rep. Perricone moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed, a majority of the members voting therefor.

Rep. Raczkowski moved that the bill be placed on its immediate passage.

The motion prevailed, a majority of the members serving voting therefor.

 

By unanimous consent the House returned to the order of

Third Reading of Bills

 

 

House Bill No. 4666, entitled

A bill to create the Michigan merit award scholarship trust fund; to create the Michigan merit award scholarship trust fund commission and prescribe the powers and duties of the commission; and to provide for the Michigan merit award scholarship program.

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

Roll Call No. 439 Yeas--72

 

 
AllenGarciaKukukScranton
BairdGeigerLaSataShackleton
BirkholzGieleghemLawSheltrown
BisbeeGilbertLemmonsShulman
BishopGodchauxMeadSpade
BradstreetGreenMiddaughStallworth
Brown, B.HagerMortimerStamas
Brown, C.HartNeumannSwitalski
BylHowellPappageorgeTabor
CassisJansenPattersonThomas
CaulJelinekPerriconeToy
CherryJellemaPestkaVan Woerkom
DeRossettJohnson, RickPumfordVander Roest
DeVuystJohnson, RuthRaczkowskiVear
DeWeeseJulianRichardvilleVoorhees
EhardtKoetjeRichnerWojno
FaunceKowallRoccaWoodward
FrankKuipersSanbornWoronchak

 

 

Nays--31

 

 
BashamDennisKilpatrickReeves
BogardusGosselinLaForgeRison
BovinHaleLockwoodRivet
BraterHanleyMartinezSchermesser
CallahanHansenMinoreScott
Clark, I.HardmanO'NeilTesanovich
Clarke, H.JamnickPriceVaughn
DanielsKellyPrusi

 

 

In The Chair: Patterson

 

 

The House agreed to the title of the bill.

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

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

Reps. Bisbee, Cameron Brown, Cassis, Caul, DeWeese, Faunce, Howell, Jansen, Koetje, Kukuk, Law, Patterson, Richardville, Scranton, Shulman, Vander Roest, Vear, and Woronchak were named co-sponsors of the bill.

 

______

 

 

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

"Mr. Speaker and members of the House:

It is bad public policy for the state to insert itself into the curriculum development decisions of public schools. That is a policy decision made by a Republican legislature in 1995 when a new school code was adopted. It was agreed then the state should not require public schools to adopt a particular curriculum, and the Department of Education was required to create a model one.

This legislation reverses that wise decision, and goes much further. By offering parents a $3000 bribe which can be attained only if their children take a government sponsored, politically controlled MEAP test, the state is now imposing the curriculum necessary to pass this test on private, religious, and home schools as well.

The supporters of this legislation have made its consequences immeasurably worse by refusing to allow a private sector alternative to the political MEAP test. It is wrong to put the power to effectively decide the curriculum of public, private, religious, and home schools into the hands of unelected lifetime government employees insulated from the private sector, mostly "baby boomers" who came of age in the 1960s. Their underlying statist, pro-government tendencies saturate the entire test.

The MEAP's left-wing, liberal, and "politically correct" bias will now govern the curriculum decisions of every public, private, religious and home school educator in the state. This is a tragedy."

 

Reps. Callahan, Basham, Daniels and Scott, having reserved the right to explain their protest against the passage of the bill, made the following statement:

"Mr. Speaker and members of the House:

I voted against House Bill 4666 for the following reasons:

The scholarship is dependent upon the MEAP examination. MEAP is only one measure at one point in time. MEAP results are a reflection of curriculum, not necessarily intelligence.

MEAP favors upper income kids. An Upjohn Institute study of MEAP results in elementary schools in Southwestern Michigan (September 1998) showed that in the typical school building's passing rate is sensitive to its percentage of disadvantaged students.

Many private schools, including religious-based schools, do not use the MEAP examination or curriculum.

The Attorneys General did not sue tobacco companies to reduce debt or to create a college scholarship program. They sued to recover the damages caused to the people of each state by tobacco addiction. As the Campaign for Tobacco-Free Kids says "Tobacco money helped cause the problem. Tobacco money should help fix it."

 

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

"Mr. Speaker and members of the House:

My vote will be No because (1) We are spending Tobacco dollars we are yet to know when they will be received by the State and (2) The MEAP test is fairly controversial as to its validity as a measure of a student's knowledge (3) and the MEAP is not a test taken by all Michigan students (4) These dollars resulted from health care issues and spending $9.5 billion of the $13 billion is inappropriate if not wrong."

 

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

"Mr. Speaker and members of the House:

By utilizing our tobacco settlement money for college scholarship is a fine investment in the future of our young adults but when we are using seventy-five percent of funds in scholarships we must ask ourselves what this 8.5 billion is for. We should be addressing the issue of health care, smoking prevention and public education. We also must address other issues such as improving our schools, helping your families and affording prescription drug coverage for senior citizens so they don't have to make the decision of buying food or receiving medicine. We also must address the issue of what percentage of high school juniors even take the MEAP exam. We have to address crumbling schools, over-crowded classes, and health education first and foremost. I voted against this bill in support of my district, their health needs and educational concerns."

 

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

"Mr. Speaker and members of the House:

I voted no on HB 4666 because it uses the tobacco settlement dollars in a manner which disregards the horrible effects of tobacco use. This settlement could have provided programs to mitigate those effects by providing money for health care for those who have used tobacco and are now suffering because of that use. This settlement could have provided programs to reduce or prevent the use of tobacco products, especially by children. This bill puts 75% of that settlement into a fund into perpetuity. I believe that is far too large a portion in that it will benefit a relatively small number of children. We could have helped all children in the state by reducing the use of tobacco and its devastating cost to the entire state."

 

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

"Mr. Speaker and members of the House:

I voted against House Bill 4666 for the following reasons:

The scholarship is dependent upon the MEAP examination. MEAP is only one measure at one point in time. A student's performance on the MEAP test is largely influenced by the student's school curriculum; MEAP test scores do not necessarily reflect the student's intelligence.

MEAP favors upper income kids. An Upjohn Institute study of MEAP results in elementary schools in Southwestern Michigan (September 1998) showed that in the typical school building's passing rate is sensitive to its percentage of disadvantaged students.

Many private schools, including religious-based schools, do not use the MEAP examination or curriculum.

The Attorneys General did not sue tobacco companies to reduce debt or to create a college scholarship program. They sued to recover the damages caused to the people of each state by tobacco addiction. As the Campaign for Tobacco-Free Kids says 'Tobacco money helped cause the problem. Tobacco money should help fix it."

 

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

"Mr. Speaker and members of the House:

Education is high on the list of the whole legislature. We have voted some of the Tobacco monies for the state Department of Education and now to scholarships for future college students. Yet we still have not used any of these dollars for the primary area of education, that g being the K-12 classroom. I believe that we should first put additional monies in the classroom for educational needs and later into the Department of Education and scholarships. The horse must come before the cart. Do the job for classroom instruction first and then provide the rewards."

 

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

"Mr. Speaker and members of the House:

I voted against this bill today because I believe part of the Tobacco litigation fund should be dedicated to health care and Tobacco prevention programs.

There are not enough high school students who currently qualify for this test to use all of the money that is being reserved here. In the meantime, seniors are deciding between buying prescriptions and groceries. In the meantime, we fail to invest in programs that will keep young people from smoking or assist people in stopping smoking. In Ingham County, 30,000 are without health care insurance. We are missing an opportunity here to use this Tobacco litigation money for a number of health and prevention efforts."

 

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

"Mr. Speaker and members of the House:

Although I strongly support the education of all children, I cannot in good conscious vote to give the majority of the tobacco settlement funds to scholarships to a few students. Those dollars (8.2 billion) came as a result of the damage done to smokers in our nation. It only seems fair that many of those dollars should go for health education and research to reduce the amount of people dying from tobacco related illnesses."

 

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

"Mr. Speaker and members of the House:

HB 4666 spends taxpayer dollars that were won for the purpose of reimbursement of tobacco related illnesses that cost this state billions of dollars in medicaid payments. To not spend those dollars on tobacco cessation, prevention and other related problems caused by tobacco is unconscionable. It is not that this body could spend these dollars in part on scholarships for students, but the distribution will be too narrowly defined. Not all students are going to reap the rewards of this scholarship even though their parents have also paid into the tobacco problem with their tax dollars. It is, therefore, that I vote no in protest to this bill."

 

 

Second Reading of Bills

 

 

Senate Bill No. 68, entitled

A bill to make, supplement, and adjust appropriations for capital outlay, the judiciary, the legislature, and various state departments and agencies for the fiscal year ending September 30, 1999; to make appropriations for community colleges, colleges, and universities; to provide for the expenditure of those appropriations; to create funds and accounts; to provide for the imposition of fees; to require reports, audits, and plans; to authorize certain transfers by certain state agencies; to provide for the disposition of fees and other income received by certain state agencies; and to repeal acts and parts of acts.

The bill was read a second time.

Rep. Raczkowski moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed, a majority of the members voting therefor.

Rep. Raczkowski moved that the bill be placed on its immediate passage.

The motion prevailed, a majority of the members serving voting therefor.

 

______

 

 

Associate Speaker Pro Tempore Scranton assumed the Chair.

By unanimous consent the House returned to the order of

Third Reading of Bills

 

 

Rep. Raczkowski moved that Rule 49 be suspended.

The motion prevailed, 3/5 of the members present voting therefor.

 

 

Senate Bill No. 68, entitled

A bill to make, supplement, and adjust appropriations for capital outlay, the judiciary, the legislature, and various state departments and agencies for the fiscal year ending September 30, 1999; to make appropriations for community colleges, colleges, and universities; to provide for the expenditure of those appropriations; to create funds and accounts; to provide for the imposition of fees; to require reports, audits, and plans; to authorize certain transfers by certain state agencies; to provide for the disposition of fees and other income received by certain state agencies; and to repeal acts and parts of acts.

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

 

 

Roll Call No. 440 Yeas--101

 

 
AllenFrankKuipersRison
BairdGarciaKukukRivet
BashamGeigerLaForgeRocca
BirkholzGieleghemLaSataSanborn
BisbeeGilbertLawSchermesser
BishopGodchauxLemmonsScott
BogardusGreenLockwoodScranton
BovinHagerMartinezShackleton
BradstreetHaleMeadSheltrown
BraterHanleyMiddaughShulman
Brown, B.HansenMinoreSpade
Brown, C.HardmanMortimerStamas
BylHartNeumannSwitalski
CallahanHowellO'NeilTabor
CassisJamnickPappageorgeTesanovich
CaulJansenPattersonThomas
CherryJelinekPerriconeToy
Clark, I.JellemaPestkaVan Woerkom
Clarke, H.Johnson, RickPriceVander Roest
DanielsJohnson, RuthPrusiVaughn
DennisJulianPumfordVear
DeRossettKellyRaczkowskiVoorhees
DeVuystKilpatrickReevesWojno
DeWeeseKoetjeRichardvilleWoodward
EhardtKowallRichnerWoronchak

Faunce

 

 

Nays--1

 

 

Gosselin

 

 

In The Chair: Scranton

 

 

The House agreed to the title of the bill.

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

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

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

"Mr. Speaker and members of the House:

This bill is a Budget Buster with a capital "B". A Lansing press outlet not known for its fiscal conservatism said of this bill that it "resembled the old 'Christmas Tree' bill... that was part of the appropriations process of a generation ago."

The citizens who elected me to the House did so based on my promise to hold the line on government spending. This legislation blows the lid off of government spending, and of this reason I vote "no" on its final passage."

 

______

 

 

Rep. Raczkowski moved that House Committees be given leave to meet during the balance of today's session.

The motion prevailed.

 

 

Announcement by the Clerk of Printing and Enrollment

 

 

The Clerk announced that the following bills had been printed and placed upon the files of the members, Thursday, May 20:

House Bill Nos. 4705 4706 4707

 

The Clerk announced that the following Senate bills had been received on Thursday, May 20:

Senate Bill Nos. 157 182 492 493 496 543 554 587

 

By unanimous consent the House returned to the order of

Messages from the Senate

 

 

Senate Bill No. 157, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 803j, 803k, 803l, 803n, and 803o (MCL 257.803j, 257.803k, 257.803l, 257.803n, and 257.803o), as amended by 1998 PA 68.

The Senate has passed the bill.

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

 

 

Senate Bill No. 182, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 7208, 7220, and 7227 (MCL 333.7208, 333.7220, and 333.7227) and by adding section 7339.

The Senate has passed the bill.

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

 

 

Senate Bill No. 492, entitled

A bill to amend 1986 PA 32, entitled "Emergency telephone service enabling act," by amending sections 102, 303, 316, 601, 602, and 604 (MCL 484.1102, 484.1303, 484.1316, 484.1601, 484.1602, and 484.1604), section 102 as amended by 1996 PA 313, sections 303 and 602 as amended by 1994 PA 29, and section 601 as amended by 1989 PA 36, and by adding section 605.

The Senate has passed the bill.

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

 

 

Senate Bill No. 493, entitled

A bill to amend 1986 PA 32, entitled "Emergency telephone service enabling act," by amending sections 401, 403, 404, 405, 406, and 505 (MCL 484.1401, 484.1403, 484.1404, 484.1405, 484.1406, and 484.1505), sections 401, 403, and 405 as amended and section 406 as added by 1994 PA 29.

The Senate has passed the bill.

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

Senate Bill No. 496, entitled

A bill to authorize the department of natural resources to convey certain state owned property in Macomb county; to prescribe conditions for the conveyance; and to provide for disposition of the revenue from the conveyance.

The Senate has passed the bill.

The bill was read a first time by its title and referred to the Committee on Local Government and Urban Policy.

 

 

Senate Bill No. 543, entitled

A bill to repeal 1953 PA 140, entitled "An act to increase the efficiency of the military establishment; and to repeal certain acts and parts of acts," (MCL 32.261 to 32.262).

The Senate has passed the bill.

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

 

 

Senate Bill No. 554, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 248 (MCL 257.248), as amended by 1998 PA 384.

The Senate has passed the bill.

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

 

 

Senate Bill No. 587, entitled

A bill to provide for the creation of public employee health care funds; to provide for the administration of the funds; to authorize the investment of the assets of the funds; and to prescribe the powers and duties of investment fiduciaries and certain public officers and employees.

The Senate has passed the bill.

The bill was read a first time by its title and referred to the Committee on Local Government and Urban Policy.

 

 

House Bill No. 4317, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 675 (MCL 257.675), as amended by 1998 PA 68.

The Senate has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

The House agreed to the full title.

The bill was referred to the Clerk for enrollment printing and presentation to the Governor.

 

 

House Bill No. 4405, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 306, 308, 310e, and 320a (MCL 257.306, 257.308, 257.310e, and 257.320a), sections 306 and 308 as amended and section 310e as added by 1996 PA 387 and section 320a as amended by 1998 PA 350.

The Senate has substituted (S-1) the bill.

The Senate has passed the bill as substituted (S-1), ordered that it be given immediate effect and amended the title to read as follows:

A bill to amend 1949 PA 300, entitled "An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of owners and operators of vehicles and service of process on residents and nonresidents; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date," by amending sections 306, 308, 310e, and 320a (MCL 257.306, 257.308, 257.310e, and 257.320a), sections 306 and 308 as amended and section 310e as added by 1996 PA 387 and section 320a as amended by 1999 PA 21.

The Speaker announced that pursuant to Rule 45, the bill was laid over one day.

House Concurrent Resolution No. 29.

A concurrent resolution to urge the United States Department of Energy and the Nuclear Regulatory Commission to fulfill their obligation to establish a permanent repository for high-level nuclear waste.

(For text of resolution, see House Journal No. 29, p. 551.)

The Senate has adopted the concurrent resolution.

The concurrent resolution was referred to the Clerk for record.

 

By unanimous consent the House returned to the order of

Reports of Standing Committees

 

 

Meeting held on May 19, 1999

 

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

Senate Bill No. 79, entitled

A bill to make appropriations for the department of career development and the Michigan strategic fund and certain other state purposes for the fiscal year ending September 30, 2000; to provide for the expenditure of the appropriations; and to provide for the disposition of fees and other income received by the state agencies.

With the recommendation that the substitute (H-1) be adopted and that the bill then pass.

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

 

 

Favorable Roll Call

 

SB 79 To Report Out:

Yeas: Reps. Geiger, Jellema, Cameron Brown, Byl, Caul, Godchaux, Jelinek, Kukuk, LaSata, Mead, Mortimer, Pappageorge, Pumford, Scranton, Stamas, Toy, Cherry, Clarke, Frank, Kelly, Martinez, Pestka, Prusi, Tesanovich,

Nays: None.

 

 

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

Senate Bill No. 366, entitled

A bill to make appropriations for the departments of attorney general, civil rights, civil service, management and budget, state, and treasury, the executive office, and the legislative branch for the fiscal year ending September 30, 2000; to provide for the expenditure of these appropriations; to provide for the funding of certain work projects; to provide for the imposition of certain fees; to establish or continue certain funds, programs, and categories; to transfer certain funds; to prescribe certain requirements for bidding on state contracts; to provide for disposition of year-end balances for the fiscal year ending September 30, 2000; to prescribe the powers and duties of certain principal executive departments and state agencies, officials, and employees; and to provide for the disposition of fees and other income received by the various principal executive departments and state agencies.

With the recommendation that the substitute (H-1) be adopted and that the bill then pass.

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

 

 

Favorable Roll Call

 

SB 366 To Report Out:

Yeas: Reps. Geiger, Jellema, Cameron Brown, Byl, Caul, Godchaux, Jansen, Jelinek, Kukuk, LaSata, Mead, Mortimer, Pappageorge, Pumford, Stamas, Toy, Price, Cherry, Clarke, Frank, Kelly, Martinez, Pestka, Prusi, Stallworth, Tesanovich,

Nays: None.

 

 

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

Senate Bill No. 369, entitled

A bill to make appropriations for the department of military and veterans affairs for the fiscal year ending September 30, 2000; to provide for the expenditure of the appropriations; to provide for certain powers and duties of the department of military and veterans affairs, other state agencies, and local units of government related to the appropriations; and to provide for the preparation of certain reports related to the appropriations.

With the recommendation that the substitute (H-1) be adopted and that the bill then pass.

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

Favorable Roll Call

 

SB 369 To Report Out:

Yeas: Reps. Geiger, Jellema, Cameron Brown, Byl, Caul, Godchaux, Jansen, Kukuk, LaSata, Mead, Mortimer, Pappageorge, Pumford, Stamas, Toy,

Nays: Reps. Price, Cherry, Clarke, Frank, Kelly, Prusi, Stallworth.

 

 

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

Senate Bill No. 371, entitled

A bill to make appropriations for the department of state police and certain other state purposes for the fiscal year ending September 30, 2000; to provide for the expenditure of those appropriations; to provide for certain reports and the consideration of those reports; to provide for the disposition of other income received by the various state agencies; to provide for the testing of certain persons; to provide for certain emergency powers; and to provide for the powers and duties of certain committees, certain state agencies, and certain employees.

With the recommendation that the substitute (H-1) be adopted and that the bill then pass.

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

 

 

Favorable Roll Call

 

SB 371 To Report Out:

Yeas: Reps. Geiger, Jellema, Cameron Brown, Byl, Caul, Godchaux, Jansen, Jelinek, Kukuk, LaSata, Mead, Mortimer, Pappageorge, Pumford, Stamas, Toy, Frank, Pestka, Prusi,

Nays: Reps. Price, Cherry, Clarke, Kelly, Martinez, Stallworth.

 

 

The Committee on Veterans Affairs, by Rep. Richardville, Chair, reported

House Bill No. 4290, entitled

A bill to provide for payments to persons who served in the armed forces of the United States from August 2, 1990 to July 31, 1991, or to beneficiaries of those persons; to prescribe the duties of certain state officers; to create the Persian Gulf veterans' military pay fund in the state treasury; to make certain appropriations; and to prescribe penalties.

The committee recommended that the bill be referred to the Committee on Appropriations.

 

 

Favorable Roll Call

 

HB 4290 To Report Out:

Yeas: Reps. Richardville, Ehardt, Garcia, Bovin, Mans,

Nays: None.

The recommendation was concurred in and the bill was referred to the Committee on Appropriations.

 

 

The Committee on Veterans Affairs, by Rep. Richardville, Chair, reported

House Concurrent Resolution No. 35.

A concurrent resolution to memorialize the Congress of the United States to enact the World War II Memorial Completion Act.

(For text of resolution, see House Journal No. 40, p. 769.)

With the recommendation that the concurrent resolution be adopted.

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

 

 

Favorable Roll Call

 

HCR 35 To Report Out:

Yeas: Reps. Richardville, Ehardt, Garcia, Bovin, Mans,

Nays: None.

COMMITTEE ATTENDANCE REPORT

 

The following report, submitted by Rep. Richardville, Chair of the Committee on Veterans Affairs, was received and read:

Meeting held on: Thursday, May 20, 1999, at 9:00 a.m.,

Present: Reps. Richardville, Ehardt, Allen, Garcia, Schermesser, Bovin, Mans.

 

 

The Committee on Conservation and Outdoor Recreation, by Rep. DeVuyst, Chair, reported

House Bill No. 4081, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," (MCL 257.1 to 257.923) by adding section 811d.

With the recommendation that the substitute (H-1) be adopted and that the bill then pass.

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

 

 

Favorable Roll Call

 

HB 4081 To Report Out:

Yeas: Reps. DeVuyst, Tabor, DeRossett, Green, Ruth Johnson, Kowall, Middaugh, Patterson, Basham, Sheltrown,

Nays: Rep. Gieleghem.

 

 

The Committee on Conservation and Outdoor Recreation, by Rep. DeVuyst, Chair, reported

House Bill No. 4630, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding part 90.

With the recommendation that the following amendment be adopted and that the bill then pass.

1. Amend page 2, line 5, after "STATE" by inserting "AND LOCAL".

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

 

 

Favorable Roll Call

 

HB 4630 To Report Out:

Yeas: Reps. DeVuyst, Tabor, DeRossett, Ruth Johnson, Kowall, Middaugh, Patterson, Basham, Sheltrown,

Nays: Rep. Gieleghem.

 

 

The Committee on Conservation and Outdoor Recreation, by Rep. DeVuyst, Chair, reported

House Bill No. 4696, entitled

A bill to amend 1965 PA 7, entitled "An act to authorize the department of conservation to sell certain lands and buildings located thereon owned by the department of conservation in the township of Waterford, Oakland county; and to provide for the disposition of the revenue received therefrom," by amending section 2 and by adding section 2a.

With the recommendation that the bill pass.

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

 

 

Favorable Roll Call

 

HB 4696 To Report Out:

Yeas: Reps. DeVuyst, Tabor, DeRossett, Green, Ruth Johnson, Kowall, Middaugh, Patterson, Sanborn, Brater, Gieleghem, Sheltrown,

Nays: None.

 

 

The Committee on Conservation and Outdoor Recreation, by Rep. DeVuyst, Chair, reported

Senate Bill No. 530, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending section 12562 (MCL 333.12562), as amended by 1996 PA 67.

With the recommendation that the bill pass.

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

Favorable Roll Call

 

SB 530 To Report Out:

Yeas: Reps. DeVuyst, Tabor, DeRossett, Green, Ruth Johnson, Kowall, Middaugh, Patterson, Brater, Gieleghem,

Nays: None.

 

 

The Committee on Conservation and Outdoor Recreation, by Rep. DeVuyst, Chair, reported

House Resolution No. 40.

A resolution to memorialize the Congress of the United States to enact H.R. 45, the Nuclear Waste Policy Act of 1999, creating an interim nuclear waste storage site while constructing the permanent repository in the Nevada desert.

(For text of resolution, see House Journal No. 22, p. 315.)

With the recommendation that the resolution be adopted.

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

 

 

Favorable Roll Call

 

HR 40 To Report Out:

Yeas: Reps. DeVuyst, Tabor, DeRossett, Green, Ruth Johnson, Kowall, Middaugh, Patterson, Sanborn, Sheltrown,

Nays: None.

 

 

The Committee on Conservation and Outdoor Recreation, by Rep. DeVuyst, Chair, reported

House Resolution No. 92.

A resolution to oppose the implementation of certain air standards by the United States Environmental Protection Agency and to urge the agency to develop more effective alternatives for ambient air quality standards for ozone and emissions.

(For text of resolution, see House Journal No. 40, p. 768.)

With the recommendation that the resolution be adopted.

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

 

 

Favorable Roll Call

 

HR 92 To Report Out:

Yeas: Reps. DeVuyst, Tabor, DeRossett, Green, Ruth Johnson, Kowall, Middaugh, Patterson, Sanborn, Mans, Sheltrown,

Nays: Rep. Brater.

 

 

The Committee on Conservation and Outdoor Recreation, by Rep. DeVuyst, Chair, reported

House Resolution No. 98.

A resolution to oppose the Kyoto Protocol on greenhouse gas emissions and to memorialize the United States Senate not to ratify the Kyoto Climate Treaty.

(For text of resolution, see House Journal No. 43, p. 834.)

With the recommendation that the resolution be adopted.

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

 

 

Favorable Roll Call

 

HR 98 To Report Out:

Yeas: Reps. DeVuyst, Tabor, DeRossett, Green, Ruth Johnson, Kowall, Middaugh, Patterson, Sanborn, Sheltrown,

Nays: Reps. Brater, Gieleghem.

 

 

COMMITTEE ATTENDANCE REPORT

 

The following report, submitted by Rep. DeVuyst, Chair of the Committee on Conservation and Outdoor Recreation, was received and read:

Meeting held on: Thursday, May 20, 1999, at 8:00 a.m.,

Present: Reps. DeVuyst, Tabor, DeRossett, Green, Ruth Johnson, Kowall, Middaugh, Patterson, Sanborn, Basham, Brater, Gieleghem, Mans, Sheltrown,

Absent: Rep. Callahan,

Excused: Rep. Callahan.

The Committee on Criminal Law and Corrections, by Rep. Faunce, Chair, reported

Senate Bill No. 556, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 204a, 219, 233, 258, 303, 310d, 321a, 323, 602a, 605, 625, 625g, 625h, 732, 904, 904c, 904d, and 904e (MCL 257.204a, 257.219, 257.233, 257.258, 257.303, 257.310d, 257.321a, 257.323, 257.602a, 257.605, 257.625, 257.625g, 257.625h, 257.732, 257.904, 257.904c, 257.904d, and 257.904e), sections 204a, 219, 233, and 323 as amended by 1998 PA 346, sections 258 and 602a as amended by 1998 PA 347, section 303 as amended by 1998 PA 351, sections 310d and 321a as amended by 1998 PA 343, section 625 as amended by 1998 PA 350, section 625g as amended by 1994 PA 450, section 625h as amended by 1996 PA 59, section 732 as amended by 1999 PA 21, section 904 as amended by 1998 PA 342, section 904c as added by 1998 PA 359, and sections 904d and 904e as added by 1998 PA 358.

With the recommendation that the following amendments be adopted and that the bill then pass.

1. Amend page 70, line 12, by striking out all of section 904d.

2. Amend page 76, following line 10, by inserting:

"(k) House Bill No. 4648.".

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

 

 

Favorable Roll Call

 

SB 556 To Report Out:

Yeas: Reps. Faunce, Howell, Bishop, Julian, Richner, Sanborn, Shulman, Baird, Jacobs, O'Neil,

Nays: None.

 

The Committee on Criminal Law and Corrections, by Rep. Faunce, Chair, reported

Senate Bill No. 557, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending section 7408a (MCL 333.7408a), as added by 1993 PA 361.

With the recommendation that the bill pass.

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

 

 

Favorable Roll Call

 

SB 557 To Report Out:

Yeas: Reps. Faunce, Howell, Bishop, Julian, Richner, Sanborn, Shulman, Baird, Jacobs, O'Neil,

Nays: None.

 

 

The Committee on Criminal Law and Corrections, by Rep. Faunce, Chair, reported

Senate Bill No. 558, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 8511 (MCL 600.8511), as amended by 1996 PA 79.

With the recommendation that the bill pass.

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

 

 

Favorable Roll Call

 

SB 558 To Report Out:

Yeas: Reps. Faunce, Howell, Bishop, Julian, Richner, Sanborn, Shulman, Baird, Jacobs, O'Neil,

Nays: None.

 

 

The Committee on Criminal Law and Corrections, by Rep. Faunce, Chair, reported

Senate Bill No. 559, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 9f of chapter IV (MCL 764.9f), as amended by 1998 PA 264.

With the recommendation that the bill pass.

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

Favorable Roll Call

 

SB 559 To Report Out:

Yeas: Reps. Faunce, Howell, Bishop, Julian, Richner, Sanborn, Shulman, Baird, Jacobs, O'Neil,

Nays: None.

 

 

The Committee on Criminal Law and Corrections, by Rep. Faunce, Chair, reported

Senate Bill No. 560, entitled

A bill to amend 1925 PA 289, entitled "An act to create a bureau of criminal identification and records within the department of state police; to require peace officers, persons in charge of certain institutions, and others to make reports respecting juvenile offenses, crimes, and criminals to the state police; to require the fingerprinting of an accused by certain persons; and to provide penalties for violation of this act," by amending section 3 (MCL 28.243), as amended by 1989 PA 97.

With the recommendation that the bill pass.

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

 

 

Favorable Roll Call

 

SB 560 To Report Out:

Yeas: Reps. Faunce, Howell, Bishop, Julian, Richner, Sanborn, Shulman, Baird, Jacobs, O'Neil,

Nays: None.

 

 

COMMITTEE ATTENDANCE REPORT

 

The following report, submitted by Rep. Faunce, Chair of the Committee on Criminal Law and Corrections, was received and read:

Meeting held on: Thursday, May 20, 1999, at 10:30 a.m.,

Present: Reps. Faunce, Howell, Bishop, Julian, Richner, Sanborn, Shulman, Baird, Jacobs, O'Neil,

Absent: Rep. Callahan,

Excused: Rep. Callahan.

 

 

The Committee on Great Lakes and Tourism, by Rep. Shackleton, Chair, reported

House Resolution No. 79.

A resolution to urge the Department of Environmental Quality to commence cleanup work on Tannery Bay in White Lake in Muskegon County.

(For text of resolution, see House Journal No. 37, p. 704.)

With the recommendation that the following substitute (H-1) be adopted and that the resolution then be adopted.

Substitute for House Resolution No. 79.

A resolution to support and encourage the Department of Environmental Quality to proceed with all due speed to complete appropriate and cost-effective evaluation to remediate the tannery wastes and associated contamination in the Tannery Bay area of White Lake in Muskegon County.

Whereas, Over the past several decades, various governmental organizations have been monitoring the conditions of Tannery Bay and other portions of White Lake in Muskegon County. Past activities of the Whitehall Leather Company, including the disposal of certain materials, have drawn the attention of area residents; and

Whereas, Certain studies conducted by the United States Environmental Protection Agency, National Oceanic and Atmospheric Administration, Grand Valley State University, and the University of Michigan have indicated the presence of materials associated with historic tannery operations in the sediment in this part of the lake; and

Whereas, The Department of Environmental Quality has indicated that this is a priority site and has identified White Lake as a site of environmental contamination and has requested an appropriation under the Clean Michigan Initiative to address the tannery wastes and any associated contamination in the Tannery Bay area; and

Whereas, The Department of Environmental Quality, with the assistance of the United States Army Corps of Engineers and the United States Environmental Protection Agency, plans to complete necessary tasks this summer in order to issue a Remedial Action Plan under Part 201 of the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended, this winter to address this site; and

Whereas, The Department of Environmental Quality will work with Whitehall Leather Company to implement the Remedial Action Plan; now, therefore, be it

Resolved by the House of Representatives, That we support and encourage the Department of Environmental Quality to proceed with all due speed to complete appropriate and cost-effective evaluation to remediate the tannery wastes and associated contamination in the Tannery Bay area of White Lake in Muskegon County; and be it further

Resolved, That copies of this resolution be transmitted to the Department of Environmental Quality.

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

 

 

Favorable Roll Call

 

HR 79 To Report Out:

Yeas: Reps. Shackleton, Van Woerkom, Allen, Birkholz, Bisbee, Hager, Gilbert, Kowall, Middaugh, Woronchak, Lockwood,

Nays: Rep. Hale.

 

 

COMMITTEE ATTENDANCE REPORT

 

The following report, submitted by Rep. Shackleton, Chair of the Committee on Great Lakes and Tourism, was received and read:

Meeting held on: Thursday, May 20, 1999, at 10:30 a.m.,

Present: Reps. Shackleton, Van Woerkom, Allen, Birkholz, Bisbee, Hager, Gilbert, Kowall, Middaugh, Woronchak, Neumann, Clark, Hale, Lockwood, Rivet, Sheltrown, Woodward.

 

 

The Committee on Family and Civil Law, by Rep. Richner, Chair, reported

House Bill No. 4456, entitled

A bill to amend 1939 PA 280, entitled "The social welfare act," (MCL 400.1 to 400.119b) by adding section 115p.

With the recommendation that the substitute (H-3) be adopted and that the bill then pass.

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

 

 

Favorable Roll Call

 

HB 4456 To Report Out:

Yeas: Reps. Richner, Shulman, Hart, Koetje, Law, Sanborn, Voorhees, Baird, Switalski, Schermesser,

Nays: None.

 

 

COMMITTEE ATTENDANCE REPORT

 

The following report, submitted by Rep. Richner, Chair of the Committee on Family and Civil Law, was received and read:

Meeting held on: Thursday, May 20, 1999, at 9:00 a.m.,

Present: Reps. Richner, Shulman, Hart, Koetje, Law, Sanborn, Voorhees, Baird, Minore, Switalski, Schermesser.

 

 

The Committee on Senior Health, Security and Retirement, by Rep. Vander Roest, Chair, reported

House Bill No. 4082, entitled

A bill to amend 1980 PA 300, entitled "The public school employees retirement act of 1979," by amending section 61 (MCL 38.1361), as amended by 1989 PA 194.

With the recommendation that the substitute (H-1) be adopted and that the bill then pass.

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

 

 

Favorable Roll Call

 

HB 4082 To Report Out:

Yeas: Reps. Vander Roest, Voorhees, Cassis, Faunce, Tabor, Woronchak, DeHart, Bovin, Hardman, Spade,

Nays: None.

COMMITTEE ATTENDANCE REPORT

 

The following report, submitted by Rep. Vander Roest, Chair of the Committee on Senior Health, Security and Retirement, was received and read:

Meeting held on: Wednesday, May 19, 1999, at 9:00 a.m.,

Present: Reps. Vander Roest, Voorhees, Cassis, Faunce, Tabor, Woronchak, DeHart, Bovin, Hardman, Spade,

Absent: Rep. Rocca,

Excused: Rep. Rocca.

 

 

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

Senate Bill No. 361, entitled

A bill to make appropriations for the department of consumer and industry services and certain other state purposes for the fiscal year ending September 30, 2000; to provide for the expenditure of those appropriations; to provide for the imposition of certain fees; to provide for the disposition of fees and other income received by the state agencies; to provide for reports to certain persons; and to prescribe powers and duties of certain state departments and certain state and local agencies and officers.

With the recommendation that the substitute (H-1) be adopted and that the bill then pass.

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

 

 

Favorable Roll Call

 

SB 361 To Report Out:

Yeas: Reps. Geiger, Jellema, Cameron Brown, Byl, Godchaux, Jansen, Jelinek, Kukuk, LaSata, Mead, Mortimer, Pappageorge, Pumford, Stamas, Toy, Price, Cherry, Clarke, Frank, Kelly, Martinez, Pestka, Prusi, Stallworth, Tesanovich,

Nays: None.

 

 

COMMITTEE ATTENDANCE REPORT

 

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

Meeting held on: Thursday, May 20, 1999, at 9:00 a.m.,

Present: Reps. Geiger, Jellema, Cameron Brown, Byl, Caul, Godchaux, Jansen, Jelinek, Kukuk, LaSata, Mead, Mortimer, Pappageorge, Pumford, Scranton, Stamas, Toy, Price, Cherry, Clarke, Frank, Kelly, Martinez, Pestka, Prusi, Stallworth, Tesanovich.

 

 

COMMITTEE ATTENDANCE REPORT

 

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

Meeting held on: Thursday, May 20, 1999, at 10:30 a.m.,

Present: Reps. Allen, Ruth Johnson, Bradstreet, DeWeese, Hager, Kuipers, Van Woerkom, Voorhees, Bogardus, Clark, Daniels, Gieleghem, Hansen, Scott, Spade,

Absent: Reps. Hart, Rick Johnson,

Excused: Reps. Hart, Rick Johnson.

 

 

Communications from State Officers

 

 

The following communication from the Northwest Michigan Council of Governments was received and read:

 

May 11, 1999

Enclosed are summaries of four plans developed under the Job Training Partnership Act for the year beginning July 1, 1999, through June 30, 2000.

Sincerely,

Jan Warren

Program Development Coordinator

The communication was referred to the Clerk.

Introduction of Bills

 

 

Reps. Lockwood, Garcia, Bob Brown, Spade, Jacobs, Dennis, Woodward, Martinez, Cherry, Jamnick, O'Neil, Vaughn, Bogardus and Lemmons introduced

House Bill No. 4721, entitled

A bill to amend 1975 PA 228, entitled "Single business tax act," by amending sections 37c and 37d (MCL 208.37c and 208.37d), as amended by 1996 PA 470.

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

 

 

Reps. Stamas, Caul, Toy, Jellema, Minore and Mortimer introduced

House Bill No. 4722, entitled

A bill to amend 1979 PA 218, entitled "Adult foster care facility licensing act," by amending section 15 (MCL 400.715), as amended by 1984 PA 40.

The bill was read a first time by its title and referred to the Committee on Senior Health, Security and Retirement.

 

 

Reps. Patterson, Rick Johnson, Howell, Bishop, Kuipers, Green, Jellema, Toy, Caul, Stamas, Bisbee, Law, Richner, Mortimer, Tabor, Pappageorge, Sanborn and Hart introduced

House Bill No. 4723, entitled

A bill to amend 1951 PA 51, entitled "An act to provide for the classification of all public roads, streets, and highways in this state, and for the revision of that classification and for additions to and deletions from each classification; to set up and establish the Michigan transportation fund; to provide for the deposits in the Michigan transportation fund of specific taxes on motor vehicles and motor vehicle fuels; to provide for the allocation of funds from the Michigan transportation fund and the use and administration of the fund for transportation purposes; to set up and establish the truck safety fund; to provide for the allocation of funds from the truck safety fund and administration of the fund for truck safety purposes; to set up and establish the Michigan truck safety commission; to establish certain standards for road contracts for certain businesses; to provide for the continuing review of transportation needs within the state; to authorize the state transportation commission, counties, cities, and villages to borrow money, issue bonds, and make pledges of funds for transportation purposes; to authorize counties to advance funds for the payment of deficiencies necessary for the payment of bonds issued under this act; to provide for the limitations, payment, retirement, and security of the bonds and pledges; to provide for appropriations and tax levies by counties and townships for county roads; to authorize contributions by townships for county roads; to provide for the establishment and administration of the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds; to provide for the deposits in the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds of money raised by specific taxes and fees; to provide for definitions of public transportation functions and criteria; to define the purposes for which Michigan transportation funds may be allocated; to provide for Michigan transportation fund grants; to provide for review and approval of transportation programs; to provide for submission of annual legislative requests and reports; to provide for the establishment and functions of certain advisory entities; to provide for conditions for grants; to provide for the issuance of bonds and notes for transportation purposes; to provide for the powers and duties of certain state and local agencies and officials; to provide for the making of loans for transportation purposes by the state transportation department and for the receipt and repayment by local units and agencies of those loans from certain specified sources; and to repeal acts and parts of acts," by amending section 10c (MCL 247.660c), as amended by 1990 PA 73.

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

 

 

Reps. Richner, Rick Johnson, Jellema, Bishop, Garcia, Howell, Sanborn, Kuipers, Patterson, Toy, Pappageorge and Bovin introduced

House Bill No. 4724, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 219 and 904c (MCL 257.219 and 257.904c), section 219 as amended by 1998 PA 346 and section 904c as added by 1998 PA 359.

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

 

 

Rep. Middaugh introduced

House Bill No. 4725, entitled

A bill to regulate the distribution and transmission of electricity in this state; to otherwise restructure the electric industry; and to prescribe the powers and duties of certain state agencies and officials.

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

Quorum Call

 

 

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

The motion prevailed.

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

The following is the roll call:

 

 

Roll Call No. 441 Yeas--92

 

 
AllenFrankKuipersRivet
BairdGarciaKukukRocca
BashamGeigerLaForgeSanborn
BisbeeGieleghemLaSataSchermesser
BogardusGilbertLawScott
BovinGodchauxLemmonsScranton
BraterGosselinMartinezShackleton
BrewerGreenMeadSheltrown
Brown, B.HaleMiddaughShulman
Brown, C.HanleyMortimerSpade
BylHansenNeumannStallworth
CallahanHardmanO'NeilStamas
CassisHartPappageorgeSwitalski
CaulHowellPattersonTesanovich
CherryJansenPerriconeThomas
Clark, I.JelinekPestkaToy
Clarke, H.JellemaPriceVan Woerkom
DanielsJohnson, RickPrusiVaughn
DennisJohnson, RuthPumfordVear
DeRossettKellyRaczkowskiVoorhees
DeVuystKilpatrickRichardvilleWojno
EhardtKoetjeRichnerWoodward
FaunceKowallRisonWoronchak

 

 

In The Chair: Scranton

 

 

By unanimous consent the House returned to the order of

Second Reading of Bills

 

 

House Bill No. 4531, 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," (MCL 691.1401 to 691.1415) by adding section 7a.

The bill was read a second time.

Rep. DeRossett moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed, a majority of the members voting therefor.

Rep. Raczkowski moved that the bill be placed on its immediate passage.

The motion prevailed, a majority of the members serving voting therefor.

Rep. Green moved that Reps. Rick Johnson and Ruth Johnson be excused temporarily from today's session.

The motion prevailed.

 

By unanimous consent the House returned to the order of

Third Reading of Bills

 

 

House Bill No. 4531, 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," (MCL 691.1401 to 691.1415) by adding section 7a.

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

 

 

Roll Call No. 442 Yeas--73

 

 
AllenGieleghemLemmonsScranton
BashamGilbertMeadShackleton
BirkholzGodchauxMiddaughSheltrown
BisbeeGosselinMortimerShulman
BishopGreenNeumannSpade
BradstreetHagerO'NeilStamas
Brown, B.HartPappageorgeSwitalski
Brown, C.JansenPattersonTabor
BylJelinekPerriconeTesanovich
CallahanJellemaPestkaToy
CassisJulianPrusiVan Woerkom
DeRossettKilpatrickPumfordVander Roest
DeVuystKoetjeRaczkowskiVaughn
DeWeeseKowallRichardvilleVear
EhardtKuipersRivetVoorhees
FaunceKukukRoccaWojno
FrankLaSataSanbornWoodward
GarciaLawSchermesserWoronchak

Geiger

 

 

Nays--27

 

 
BairdClarke, H.JamnickReeves
BogardusDanielsKellyRichner
BraterDennisLaForgeRison
BrewerHaleLockwoodScott
CaulHansenMartinezStallworth
CherryHardmanMinoreThomas
Clark, I.HowellPrice

 

 

In The Chair: Scranton

 

 

The House agreed to the title of the bill.

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

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

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

"Mr. Speaker and members of the House:

As has been continuously explained to the house that concealed weapons owners are law abiding citizens, one must ask how such weapons are going to be confiscated if they are all law abiding citizens. One also must ask how such weapons when confiscated are going to lost or damaged. Most citizens of this state believe that law enforcement officials respect our property rights. Therefore, I protest the passage of this bill."

 

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

"Mr. Speaker and members of the House:

In as much as this bill is a part of a total package which is the basis for enacting hb4530 I can not support this bill. This is package is a misguided rationalization for increasing the numbers of guns on the streets of Michigan, making our state a much more unsafe place to live. Furthermore, proponents of hb4530 have repeatedly stated that we need it for the 'law abiding citizens of Michigan'. My question is; why do we need punitive legislation for law abiding citizens?"

 

 

Second Reading of Bills

 

 

House Bill No. 4540, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending sections 317 and 321 (MCL 750.317 and 750.321).

Was read a second time, and the question being on the adoption of the proposed substitute (H-3) previously recommended by the Committee on Constitutional Law and Ethics,

The substitute (H-3) was adopted, a majority of the members serving voting therefor.

 

Rep. Brater moved to amend the bill as follows:

1. Amend page 2, line 7, by striking out all of enacting section 2.

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

Rep. Brater demanded the yeas and nays.

The demand was supported.

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

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

 

 

Roll Call No. 443 Yeas--36

 

 
BairdDanielsKellyReeves
BogardusDennisKilpatrickRison
BraterGieleghemLaForgeScott
BrewerGodchauxLemmonsShackleton
BylHaleLockwoodStallworth
CallahanHanleyMartinezTesanovich
CherryHansenMinoreThomas
Clark, I.HardmanPriceWojno
Clarke, H.JamnickPrusiWoodward

 

 

Nays--66

 

 
AllenGarciaLawSanborn
BashamGeigerMeadSchermesser
BirkholzGilbertMiddaughScranton
BisbeeGosselinMortimerSheltrown
BishopGreenNeumannShulman
BovinHagerO'NeilSpade
BradstreetHartPappageorgeStamas
Brown, B.HowellPattersonSwitalski
Brown, C.JansenPerriconeTabor
CassisJelinekPestkaToy
CaulJellemaPumfordVan Woerkom
DeRossettJulianRaczkowskiVander Roest
DeVuystKoetjeRichardvilleVaughn
DeWeeseKowallRichnerVear
EhardtKuipersRivetVoorhees
FaunceKukukRoccaWoronchak

Frank LaSata

 

 

In The Chair: Scranton

 

 

Rep. Patterson moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed, a majority of the members voting therefor.

Rep. Raczkowski moved that the bill be placed on its immediate passage.

The motion prevailed, a majority of the members serving voting therefor.

 

By unanimous consent the House returned to the order of

Third Reading of Bills

 

 

House Bill No. 4540, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending sections 317 and 321 (MCL 750.317 and 750.321).

The bill was read a third time.

The question being on the passage of the bill,

 

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

The motion prevailed.

 

______

 

 

Rep. Godchaux asked and obtained an excuse from the balance of today's session.

 

 

Second Reading of Bills

 

 

House Bill No. 4542, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 227b (MCL 750.227b), as amended by 1990 PA 321.

Was read a second time, and the question being on the adoption of the proposed substitute (H-3) previously recommended by the Committee on Constitutional Law and Ethics,

The substitute (H-3) was adopted, a majority of the members serving voting therefor.

 

Rep. Brater moved to amend the bill as follows:

1. Amend page 4, line 24, by striking out all of enacting section 2.

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

Rep. Brater demanded the yeas and nays.

The demand was supported.

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

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

 

 

Roll Call No. 444 Yeas--32

 

 
BairdClarke, H.JamnickPrice
BogardusDanielsKellyReeves
BraterDennisKilpatrickRison
BrewerGieleghemLaForgeScott
BylHaleLemmonsStallworth
CallahanHanleyLockwoodTesanovich
CherryHansenMartinezThomas
Clark, I.HardmanMinoreVaughn

 

 

Nays--68

 

 
AllenFrankLaSataSchermesser
BashamGarciaLawScranton
BirkholzGilbertMeadShackleton
BisbeeGosselinMiddaughSheltrown
BishopGreenMortimerShulman
BovinHagerNeumannSpade
BradstreetHartO'NeilStamas
Brown, B.HowellPappageorgeSwitalski
Brown, C.JansenPattersonTabor
CassisJelinekPestkaToy
CaulJellemaPumfordVan Woerkom
DeHartJohnson, RuthRaczkowskiVander Roest
DeRossettJulianRichardvilleVear
DeVuystKoetjeRichnerVoorhees
DeWeeseKowallRivetWojno
EhardtKuipersRoccaWoodward
FaunceKukukSanbornWoronchak

 

 

In The Chair: Scranton

 

 

Rep. Julian moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed, a majority of the members voting therefor.

Rep. Raczkowski moved that the bill be placed on its immediate passage.

The motion prevailed, a majority of the members serving voting therefor.

 

______

 

 

Rep. DeHart moved that Rep. Schermesser be excused temporarily from today's session.

The motion prevailed.

 

By unanimous consent the House returned to the order of

Third Reading of Bills

 

 

House Bill No. 4542, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 227b (MCL 750.227b), as amended by 1990 PA 321.

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

 

 

Roll Call No. 445 Yeas--76

 

 
AllenFrankKukukRocca
BashamGarciaLaSataSanborn
BirkholzGeigerLawScranton
BisbeeGieleghemLemmonsShackleton
BishopGilbertLockwoodSheltrown
BovinGosselinMeadShulman
BradstreetGreenMiddaughSpade
BrewerHagerMortimerStamas
Brown, B.HanleyNeumannSwitalski
Brown, C.HartO'NeilTabor
BylHowellPappageorgeToy
CassisJansenPattersonVan Woerkom
CaulJelinekPestkaVander Roest
CherryJellemaPrusiVaughn
Clarke, H.Johnson, RuthPumfordVear
DeHartJulianRaczkowskiVoorhees
DeRossettKoetjeRichardvilleWojno
DeWeeseKowallRichnerWoodward
FaunceKuipersRivetWoronchak

 

 

Nays--21

 

 
BairdEhardtKellyReeves
BraterHaleKilpatrickRison
Clark, I.HansenLaForgeScott
DanielsHardmanMartinezStallworth
DennisJamnickPriceThomas

DeVuyst

 

 

In The Chair: Scranton

 

 

The House agreed to the title of the bill.

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

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

 

______

 

 

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

"Mr. Speaker and members of the House:

In as much as this bill is a part of a total package which is the basis for enacting hb4530 I can not support this bill. This is package is a misguided rationalization for increasing the numbers of guns on the streets of Michigan, making our state a much more unsafe place to live. Furthermore, proponents of hb4530 have repeatedly stated that we need it for the 'law abiding citizens of Michigan'. My question is; why do we need punitive legislation for law abiding citizens?"

 

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

"Mr. Speaker and members of the House:

This bill establishes a double standard for concealed weapons owners. As a matter of fact, it says to the criminal that one should not attempt to get a concealed weapons permit because if one is charged with this particular crime, then one will get a lesser sentence if one is not a concealed weapons permit owner. The absurdity of this notion is beyond this member of the house. Therefore, I vote no."

 

 

Second Reading of Bills

 

 

House Bill No. 4544, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 357b (MCL 750.357b), as added by 1990 PA 321.

Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Constitutional Law and Ethics,

The substitute (H-1) was adopted, a majority of the members serving voting therefor.

Rep. Brater moved to amend the bill as follows:

1. Amend page 2, line 1, by striking out all of enacting section 2.

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

Rep. Brater demanded the yeas and nays.

The demand was supported.

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

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

 

 

Roll Call No. 446 Yeas--33

 

 
BairdDanielsKilpatrickReeves
BogardusDennisLaForgeRison
BraterGieleghemLemmonsScott
BrewerHaleLockwoodScranton
BylHanleyMartinezStallworth
CallahanHansenMinoreTesanovich
CherryHardmanPriceThomas
Clark, I.JamnickPrusiVaughn

Clarke, H.

 

 

Nays--66

 

 
AllenFrankKukukSanborn
BashamGarciaLaSataShackleton
BirkholzGeigerLawSheltrown
BisbeeGilbertMeadShulman
BishopGosselinMiddaughSpade
BovinGreenMortimerStamas
BradstreetHagerNeumannSwitalski
Brown, B.HartO'NeilTabor
Brown, C.HowellPattersonToy
CassisJansenPestkaVan Woerkom
CaulJelinekPumfordVander Roest
DeHartJellemaRaczkowskiVear
DeRossettJohnson, RuthRichardvilleVoorhees
DeVuystJulianRichnerWojno
DeWeeseKoetjeRivetWoodward
EhardtKowallRoccaWoronchak

Faunce Kuipers

 

 

In The Chair: Scranton

 

 

Rep. Howell moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed, a majority of the members voting therefor.

Rep. Raczkowski moved that the bill be placed on its immediate passage.

The motion prevailed, a majority of the members serving voting therefor.

 

By unanimous consent the House returned to the order of

Third Reading of Bills

 

 

House Bill No. 4544, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 357b (MCL 750.357b), as added by 1990 PA 321.

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

Roll Call No. 447 Yeas--95

 

 
AllenFrankKuipersRocca
BashamGarciaKukukSanborn
BirkholzGeigerLaSataSchermesser
BisbeeGieleghemLawScranton
BishopGilbertLemmonsShackleton
BovinGosselinLockwoodSheltrown
BradstreetGreenMeadShulman
BrewerHagerMiddaughSpade
Brown, B.HaleMortimerStallworth
Brown, C.HanleyNeumannStamas
BylHansenO'NeilSwitalski
CallahanHardmanPappageorgeTabor
CassisHartPattersonTesanovich
CaulHowellPerriconeThomas
CherryJamnickPestkaToy
Clark, I.JansenPriceVan Woerkom
Clarke, H.JelinekPrusiVander Roest
DanielsJellemaPumfordVaughn
DeHartJohnson, RuthRaczkowskiVear
DennisJulianReevesVoorhees
DeRossettKellyRichardvilleWojno
DeVuystKilpatrickRichnerWoodward
DeWeeseKoetjeRisonWoronchak
FaunceKowallRivet

 

 

Nays--5

 

 

Brater Martinez Minore Scott

LaForge

 

 

In The Chair: Scranton

 

 

The House agreed to the title of the bill.

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

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

 

______

 

 

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

"Mr. Speaker and members of the House:

In as much as this bill is a part of a total package which is the basis for enacting hb4530 I can not support this bill. This is package is a misguided rationalization for increasing the numbers of guns on the streets of Michigan, making our state a much more unsafe place to live. Furthermore, proponents of hb4530 have repeatedly stated that we need it for the 'law abiding citizens of Michigan'. My question is; why do we need punitive legislation for law abiding citizens?"

 

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

"Mr. Speaker and members of the House:

Although I favor strict law enforcement and severe (yet reasonable) penalty for those who commit felonies. In this instance, however, I am troubled by the appearance of a law that values firearms at the same level as women and girls. Under this legislation, the penalty for stealing a gun is about equal to the penalty for statutory rape or 2nd degree criminal sexual conduct. It suggests guns are as valuable as our daughters and is offensive."

Second Reading of Bills

 

 

House Bill No. 4634, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 226 (MCL 750.226).

The bill was read a second time.

 

Rep. Brater moved to amend the bill as follows:

1. Amend page 2, line 8, by striking out all of enacting section 2.

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

Rep. Brater demanded the yeas and nays.

The demand was supported.

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

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

 

 

Roll Call No. 448 Yeas--32

 

 
BairdClarke, H.KellyPrusi
BogardusDanielsKilpatrickQuarles
BraterGieleghemLaForgeRison
BrewerHaleLemmonsScott
BylHanleyLockwoodStallworth
CallahanHansenMartinezTesanovich
CherryHardmanMinoreThomas
Clark, I.JamnickPriceVaughn

 

 

Nays--69

 

 
AllenGarciaLaSataSchermesser
BashamGeigerLawScranton
BirkholzGilbertMeadShackleton
BisbeeGosselinMiddaughSheltrown
BishopGreenMortimerShulman
BovinHagerNeumannSpade
BradstreetHartO'NeilStamas
Brown, B.HowellPattersonSwitalski
Brown, C.JansenPerriconeTabor
CassisJelinekPestkaToy
CaulJellemaPumfordVan Woerkom
DeHartJohnson, RuthRaczkowskiVander Roest
DeRossettJulianRichardvilleVear
DeVuystKoetjeRichnerVoorhees
DeWeeseKowallRivetWojno
EhardtKuipersRoccaWoodward
FaunceKukukSanbornWoronchak

Frank

 

 

In The Chair: Scranton

 

 

Rep. Faunce moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed, a majority of the members voting therefor.

Rep. Raczkowski moved that the bill be placed on its immediate passage.

The motion prevailed, a majority of the members serving voting therefor.

By unanimous consent the House returned to the order of

Third Reading of Bills

 

 

House Bill No. 4634, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 226 (MCL 750.226).

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

 

 

Roll Call No. 449 Yeas--94

 

 
AllenGarciaLaSataRocca
BashamGeigerLawSanborn
BirkholzGieleghemLemmonsSchermesser
BisbeeGilbertLockwoodScranton
BishopGosselinMartinezShackleton
BovinGreenMeadSheltrown
BradstreetHagerMiddaughShulman
BrewerHaleMortimerSpade
Brown, B.HanleyNeumannStallworth
Brown, C.HansenO'NeilStamas
BylHardmanPappageorgeSwitalski
CassisHartPattersonTabor
CaulHowellPestkaTesanovich
CherryJansenPriceThomas
Clark, I.JelinekPrusiToy
Clarke, H.JellemaPumfordVan Woerkom
DanielsJohnson, RuthQuarlesVander Roest
DeHartJulianRaczkowskiVaughn
DennisKellyReevesVear
DeRossettKilpatrickRichardvilleVoorhees
DeVuystKoetjeRichnerWojno
DeWeeseKowallRisonWoodward
FaunceKuipersRivetWoronchak

Frank Kukuk

 

 

Nays--6

 

 

Bogardus Ehardt LaForge Scott

Brater Jamnick

 

 

In The Chair: Scranton

 

 

The House agreed to the title of the bill.

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

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

Reps. Basham, Birkholz, Caul, DeRossett, DeWeese, Geiger, Jansen, Ruth Johnson, Julian, Kowall, Kukuk, LaSata, Lemmons, Mead, Pappageorge, Pumford, Raczkowski, Richner, Rocca, Schermesser, Sheltrown, Shulman, Vaughn and Voorhees were named co-sponsors of the bill.

 

______

 

 

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

"Mr. Speaker and members of the House:

In as much as this bill is a part of a total package which is the basis for enacting hb4530 I can not support this bill. This is package is a misguided rationalization for increasing the numbers of guns on the streets of Michigan, making our state a much more unsafe place to live. Furthermore, proponents of hb4530 have repeatedly stated that we need it for the 'law abiding citizens of Michigan'. My question is; why do we need punitive legislation for law abiding citizens?"

By unanimous consent the House returned to the order of

Motions and Resolutions

 

 

By unanimous consent the House considered House Resolution No. 103 out of numerical order.

 

Reps. Basham, Prusi, Daniels, Garza, Pappageorge, Kelly, Mans, Spade, Garcia, Kowall, Faunce, Hansen, Woodward, Gieleghem, Bovin, Wojno, Dennis, LaForge, Callahan, Hale, Gosselin, Kukuk, Van Woerkom, Vear, DeVuyst, Cassis, Jelinek, Lemmons, Baird, Howell, Sheltrown, Ehardt, Kilpatrick, Tesanovich, Richner, Jansen, Lockwood, Brater, Mead, Cherry, Jamnick, Allen, Birkholz, Bisbee, Bishop, Bradstreet, Bob Brown, Cameron Brown, Byl, Caul, Clarke, DeHart, DeRossett, DeWeese, Frank, Geiger, Hager, Hardman, Jellema, Ruth Johnson, Julian, Koetje, Kuipers, LaSata, Middaugh, Mortimer, Neumann, O'Neil, Patterson, Pestka, Price, Pumford, Quarles, Raczkowski, Reeves, Richardville, Rivet, Rocca, Sanborn, Schermesser, Scott, Scranton, Shulman, Stallworth, Stamas, Toy, Vander Roest, Vaughn, Voorhees and Woronchak offered the following resolution:

House Resolution No. 103.

A resolution proclaiming May 22-28, 1999 as Michigan Safe Boating Week.

Whereas, Throughout Michigan and the United States, people are increasingly heading to the water for recreation and relaxation; and

Whereas, Michigan is the number one boating state in the country with more than 957,000 registered boaters; and

Whereas, With this growth in on-the-water activities comes additional responsibility; and

Whereas, It is essential that both novice and experienced boaters alike practice safe boating habits, such as wearing a life jacket; and

Whereas, This year's theme for the National Safe Boating Campaign, "Boat Smart From the Start. Wear Your Life Jacket.", recognizes that boating safety begins long before the boat leaves the dock; and

Whereas, In recognizing that hundreds of lives could be saved each year by the wearing of life jackets, and that the life jackets of today are more comfortable, more attractive, and more wearable than earlier styles of years past; and

Whereas, The law already requires that wearable life jackets be carried for each person on board the boat and little effort is needed to wear those life jackets; now, therefore, be it

Resolved by the House of Representatives, That we do hereby support the goals of the National Safe Boating Campaign and proclaim May 22-28, 1999 as Michigan Safe Boating Week and the start of the year-round effort to promote safe boating.

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.

 

 

Third Reading of Bills

 

 

The House returned to the consideration of

House Bill No. 4540, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending sections 317 and 321 (MCL 750.317 and 750.321).

(The bill was considered earlier today, see today's Journal, p. 990.)

The question being on the passage of the bill,

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

 

 

Roll Call No. 450 Yeas--84

 

 
AllenFrankLaSataSanborn
BashamGarciaLemmonsSchermesser
BirkholzGeigerLockwoodScranton
BisbeeGieleghemMeadShackleton
BishopGilbertMiddaughSheltrown
BovinGosselinMortimerShulman
BradstreetGreenNeumannSpade
Brown, B.HagerO'NeilStallworth
Brown, C.HalePappageorgeStamas
BylHanleyPattersonSwitalski
CallahanHartPerriconeTabor
CassisHowellPestkaTesanovich
CaulJansenPrusiToy
CherryJelinekPumfordVan Woerkom
Clarke, H.JellemaQuarlesVander Roest
DeHartJohnson, RuthRaczkowskiVaughn
DeRossettJulianRichardvilleVear
DeVuystKoetjeRichnerVoorhees
DeWeeseKowallRisonWojno
EhardtKuipersRivetWoodward
FaunceKukukRoccaWoronchak

 

 

Nays--15

 

 
BairdDanielsKilpatrickPrice
BraterHardmanLaForgeReeves
BrewerJamnickMartinezThomas
Clark, I.KellyMinore

 

 

In The Chair: Scranton

 

 

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

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

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 321 (MCL 750.321).

The motion prevailed.

The House agreed to the title as amended.

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

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

Reps. DeRossett, DeWeese, Gilbert, Hansen, Mead, Shackleton and Toy were named co-sponsors of the bill.

 

By unanimous consent the House returned to the order of

Motions and Resolutions

 

 

Reps. Callahan, Prusi, Daniels, Garza, Pappageorge, Kelly, Mans, Spade, Garcia, Kowall, Faunce, Hansen, Woodward, Gieleghem, Bovin, Wojno, Dennis, LaForge, Hale, Gosselin, Kukuk, Van Woerkom, Vear, DeVuyst, Cassis, Jelinek, Lemmons, Baird, Howell, Sheltrown, Ehardt, Kilpatrick, Tesanovich, Richner, Brater, Mead, Cherry and Jamnick offered the following resolution:

House Resolution No. 102.

A resolution honoring the Kiwanis organization and its Kids Day.

Whereas, The Kiwanis clubs have been selected to receive this resolution as recognition for outstanding service to the people of the entire community, especially for their Kids Day, scheduled for the second Saturday of July, this year being July 10, 1999; and

Whereas, On this occasion, it is most appropriate to offer this expression of the value that we all place on the work that the Kiwanis organization does for all, especially children; and

Whereas, The first Kiwanis club was organized in Detroit, Michigan on January 21, 1915; and

Whereas, In 1962, worldwide expansion was approved, and today Kiwanis clubs are active in every part of the world. And, as the Kiwanis motto is "we build," there are now more than 8,500 Kiwanis clubs with more than 315,000 members in 82 nations and geographic areas. Kiwanis members in one year have raised and spent almost $70 million, and have contributed 6.2 million hours of volunteer time; and

Whereas, Kiwanis International sponsors several service clubs for young people, such as Circle K International with 10,800 members on 560 university and college campuses; Key Club International with 194,000 members in 4,574 high schools; and Builders Clubs in 2,000 junior high schools and middle schools. Kiwanis has sought to note such youth activities with an annual Kids Day; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body support the designation by Kiwanis of the second Saturday of July, this year being July 10, 1999, as Kids Day in the State of Michigan. May the Kiwanis members and their families enjoy the health and happiness their efforts have earned; and be it further

Resolved, That a copy of this resolution be transmitted to the Kiwanis Clubs International as evidence of our best wishes for the future.

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.

 

______

 

 

Rep. Raczkowski moved that when the House adjourns today it stand adjourned until Tuesday, May 25, at 10:00 a.m.

The motion prevailed.

 

 

Notices

 

 

I hereby give notice that on the next legislative session day I will move to discharge the Committee on Tax Policy from further consideration of House Bill No. 4657.

Rep. Pestka

 

______

 

 

Rep. Pappageorge moved that the House adjourn.

The motion prevailed, the time being 10:35 p.m.

 

Associate Speaker Pro Tempore Scranton declared the House adjourned until Tuesday, May 25, at 10:00 a.m.

 

 

GARY L. RANDALL

Clerk of the House of Representatives.