hj04247t.034

No. 34

JOURNAL OF THE HOUSE

House Chamber, Lansing, Thursday, April 24, 1997.

10:00 a.m.

The House was called to order by the Speaker.

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

Agee--present

Alley--present

Anthony--present

Baade--excused

Baird--present

Bankes--present

Birkholz--present

Bobier--present

Bodem--present

Bogardus--present

Brackenridge--present

Brater--present

Brewer--present

Brown--present

Byl--present

Callahan--present

Cassis--present

Cherry--present

Ciaramitaro--present

Crissman--present

Cropsey--present

Curtis--present

Dalman--present

DeHart--present

DeVuyst--present

Dobb--present

Dobronski--present

Emerson--present

Fitzgerald--present

Frank--present

Freeman--present

Gagliardi--present

Galloway--present

Geiger--present

Gernaat--present

Gilmer--present

Gire--present

Godchaux--present

Goschka--present

Green--present

Griffin--e/d/s

Gubow--present

Gustafson--present

Hale--present

Hammerstrom--present

Hanley--present

Harder--present

Hertel--present

Hood--present

Horton--present

Jansen--present

Jaye--present

Jelinek--present

Jellema--present

Johnson--present

Kaza--present

Kelly--present

Kilpatrick--present

Kukuk--present

LaForge--present

Law--present

Leland--present

LeTarte--present

Llewellyn--present

London--present

Lowe--present

Mans--present

Martinez--present

Mathieu--present

McBryde--present

McManus--present

McNutt--present

Middaugh--present

Middleton--present

Murphy--present

Nye--present

Olshove--present

Owen--present

Oxender--present

Palamara--present

Parks--present

Perricone--present

Price--present

Profit--present

Prusi--present

Quarles--present

Raczkowski--present

Rhead--present

Richner--present

Rison--present

Rocca--present

Schauer--present

Schermesser--present

Schroer--present

Scott--present

Scranton--present

Sikkema--present

Stallworth--present

Tesanovich--present

Thomas--present

Varga--present

Vaughn--e/d/s

Voorhees--present

Walberg--present

Wallace--present

Wetters--present

Whyman--present

Willard--present

Wojno--present

e/d/s = entered during session

Rep. Thomas Middleton, from the 46th District, offered the following invocation:

"God, Look over us in our decisions today as we look at financing the schools of this state and help us to make the right decisions. Amen."

______

Rep. Dobronski moved that Rep. Baade be excused from today's session.

The motion prevailed.

Notices

April 24, 1997

In accordance with House Rule 10, I hereby designate Representative Michael Hanley, to be the Presiding Officer for all, or part of today's session.

Sincerely,

Curtis Hertel

Speaker of the House

By unanimous consent the House returned to the order of

Second Reading of Bills

House Bill No. 4299, entitled

A bill to amend 1979 PA 94, entitled "The state school aid act of 1979," by amending sections 11 and 17b (MCL 388.1611 and 388.1617b), as amended by 1996 PA 300.

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

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

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

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

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

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

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 4299, entitled

A bill to amend 1979 PA 94, entitled "The state school aid act of 1979," by amending sections 11 and 17b (MCL 388.1611 and 388.1617b), as amended by 1996 PA 300.

The bill was read a third time.

The question being on the passage of the bill,

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

The motion prevailed.

______

Rep. Rhead moved that Rep. Llewellyn be excused temporarily from today's session.

The motion prevailed.

Second Reading of Bills

House Bill No. 4310, entitled

A bill to amend 1979 PA 94, entitled "The state school aid act of 1979," by amending sections 3, 6, 11, 13, 17b, 18, 20, 24, 26, 31a, 36, 39, 41, 51a, 52, 53a, 54, 56, 57, 58, 61a, 62, 74, 81, 94, 99, 101, 104a, 107, 108, 111, 124, 147, 151, 163, 167, and 169a (MCL 388.1603, 388.1606, 388.1611, 388.1613, 388.1617b, 388.1618, 388.1620, 388.1624, 388.1626, 388.1631a, 388.1636, 388.1639, 388.1641, 388.1651a, 388.1652, 388.1653a, 388.1654, 388.1656, 388.1657, 388.1658, 388.1661a, 388.1662, 388.1674, 388.1681, 388.1694, 388.1699, 388.1701, 388.1704a, 388.1707, 388.1708, 388.1711, 388.1724, 388.1747, 388.1751, 388.1763, 388.1767, and 388.1769a), sections 3, 6, 11, 13, 17b, 18, 20, 24, 31a, 36, 39, 41, 52, 54, 56, 57, 58, 61a, 62, 74, 81, 94, 99, 101, 104a, 111, 124, 147, 163, and 167 as amended and sections 51a, 53a, 107, 108, and 169a as added by 1996 PA 300, section 26 as amended by 1994 PA 283, and section 151 as amended by 1995 PA 130, and by adding sections 17d, 20g, 20j, 26a, 61b, 61c, and 61d; and to repeal acts and parts of acts.

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

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

Rep. Cropsey moved to amend the bill as follows:

1. Amend page 39, following line 23, by inserting:

"SEC. 27. (1) A SCHOOL-AGE CHILD WHO IS ENROLLED IN A NONPUBLIC SCHOOL OR WHO IS BEING HOME SCHOOLED MAY PARTICIPATE IN ANY EXTRACURRICULAR ACTIVITY OFFERED BY A SCHOOL OF THE DISTRICT IN WHICH THE CHILD RESIDES. THE DISTRICT IN WHICH THE CHILD RESIDES SHALL ALLOW THE CHILD TO PARTICIPATE IN THE EXTRACURRICULAR ACTIVITY ON THE SAME BASIS AS PUPILS OF THE DISTRICT SCHOOL AT WHICH THE ACTIVITY IS OFFERED. THE DISTRICT SHALL NOT PROHIBIT OR INTERFERE WITH THE CHILD'S PARTICIPATION IN THE EXTRACURRICULAR ACTIVITY BASED IN WHOLE OR PART ON THE FACT THAT THE CHILD IS ENROLLED IN A NONPUBLIC SCHOOL OR IS BEING HOME SCHOOLED OR ON THE IDENTITY OF THE NONPUBLIC SCHOOL IN WHICH THE CHILD IS ENROLLED OR OF THE PERSON PROVIDING THE HOME SCHOOLING.

(2) IF A CHILD PARTICIPATES IN AN EXTRACURRICULAR ACTIVITY PURSUANT TO SUBSECTION (1), THE DISTRICT OPERATING THE EXTRACURRICULAR ACTIVITY MAY REPORT THAT PARTICIPATION TO THE DEPARTMENT AND, UPON RECEIVING THAT REPORT, THE DEPARTMENT SHALL INCLUDE IN THE DISTRICT'S PAYMENTS UNDER THIS ACT AN ALLOCATION TO SUPPORT THE CHILD'S PARTICIPATION IN THE EXTRACURRICULAR ACTIVITY. THE AMOUNT OF THE ALLOCATION UNDER THIS SECTION IS AN AMOUNT EQUAL TO 1/6 OF THE QUOTIENT OF THE DISTRICT'S FOUNDATION ALLOWANCE UNDER SECTION 20 DIVIDED BY THE REQUIRED MINIMUM NUMBER OF DAYS OF PUPIL INSTRUCTION UNDER SECTION 1284 OF THE REVISED SCHOOL CODE, MCL 380.1284, FOR EACH DAY ON WHICH THERE IS A REGULARLY SCHEDULED MEETING, PRACTICE, PERFORMANCE, COMPETITION, OR OTHER GATHERING OF THE PARTICIPANTS OF THE EXTRACURRICULAR ACTIVITY, REGARDLESS OF WHETHER THE CHILD ACTUALLY PARTICIPATES ON THAT DAY.

(3) FROM THE APPROPRIATIONS UNDER SECTION 11, THERE IS ALLOCATED FOR 1997-98 THE AMOUNT NECESSARY TO MAKE ALLOCATIONS REQUIRED UNDER THIS SECTION.

(4) AS USED IN THIS SECTION, "EXTRACURRICULAR ACTIVITY" INCLUDES ANY ACTIVITY ENGAGED IN BY PUPILS OF A DISTRICT THAT IS NOT PART OF THE DISTRICT'S ACADEMIC CURRICULUM BUT IS IN SOME WAY SPONSORED OR ENDORSED BY THE DISTRICT.".

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

Rep. Cropsey demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 212 Yeas--42

Birkholz Geiger Kaza Perricone

Bodem Gernaat Kukuk Raczkowski

Brackenridge Goschka Law Rhead

Cassis Green Lowe Richner

Crissman Gustafson McBryde Rocca

Cropsey Hammerstrom McManus Scranton

Dalman Horton McNutt Sikkema

DeVuyst Jansen Middaugh Voorhees

Dobb Jaye Middleton Walberg

Frank Jelinek Nye Whyman

Galloway Jellema

Nays--62

Agee Dobronski Kilpatrick Profit

Alley Emerson LaForge Prusi

Anthony Fitzgerald Leland Quarles

Baird Freeman LeTarte Rison

Bankes Gagliardi London Schauer

Bobier Gilmer Mans Schermesser

Bogardus Gire Martinez Scott

Brater Godchaux Mathieu Stallworth

Brewer Gubow Murphy Tesanovich

Brown Hale Olshove Thomas

Byl Hanley Owen Varga

Callahan Harder Oxender Wallace

Cherry Hertel Palamara Wetters

Ciaramitaro Hood Parks Willard

Curtis Johnson Price Wojno

DeHart Kelly

In The Chair: Hertel

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

The motion prevailed.

By unanimous consent the House returned to the order of

Third Reading of Bills

The House returned to the consideration of

House Bill No. 4299, entitled

A bill to amend 1979 PA 94, entitled "The state school aid act of 1979," by amending sections 11 and 17b (MCL 388.1611 and 388.1617b), as amended by 1996 PA 300.

(The bill was considered earlier today, see today's Journal, p. 648.)

The question being on the passage of the bill,

Reps. Gire, Profit, Crissman, LeTarte, Dalman, Godchaux and Kilpatrick moved to amend the bill as follows:

1. Amend page 19, following line 9, by inserting:

"SEC. 104B. FOR THE 1996-97 FISCAL YEAR, SECTION 1279(10) OF THE REVISED SCHOOL CODE, MCL 380.1279, DOES NOT APPLY TO A DISTRICT THAT COMPLIES WITH SECTION 104A, AND A DISTRICT IS NOT REQUIRED TO INCLUDE ON A PUPIL'S TRANSCRIPT A NOVICE LEVEL SCORE ON A STATE-ENDORSED DIPLOMA TEST.".

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

The question being on the passage of the bill,

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

Roll Call No. 213 Yeas--103

Agee Emerson Johnson Profit

Alley Fitzgerald Kaza Prusi

Anthony Frank Kelly Quarles

Baird Freeman Kilpatrick Raczkowski

Bankes Gagliardi Kukuk Rhead

Birkholz Galloway LaForge Richner

Bobier Geiger Law Rison

Bodem Gernaat Leland Rocca

Bogardus Gilmer LeTarte Schauer

Brackenridge Gire London Schermesser

Brater Godchaux Lowe Schroer

Brewer Goschka Mans Scott

Brown Green Martinez Scranton

Byl Gubow McBryde Sikkema

Callahan Gustafson McManus Stallworth

Cassis Hale McNutt Tesanovich

Cherry Hammerstrom Middaugh Thomas

Ciaramitaro Hanley Middleton Varga

Crissman Harder Murphy Voorhees

Cropsey Hertel Nye Walberg

Curtis Hood Olshove Wallace

Dalman Horton Oxender Wetters

DeHart Jansen Palamara Whyman

DeVuyst Jaye Parks Willard

Dobb Jelinek Perricone Wojno

Dobronski Jellema Price

Nays--0

In The Chair: Hertel

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

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

A bill to amend 1979 PA 94, entitled "The state school aid act of 1979," by amending sections 11, 20, 99, and 107 (MCL 388.1611, 388.1620, 388.1699, and 388.1707), sections 11, 20, and 99 as amended and section 107 as added by 1996 PA 300, and by adding sections 104b and 105a.

The motion prevailed.

The House agreed to the title as amended.

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

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

______

Rep. Griffin entered the House Chambers.

Second Reading of Bills

The House returned to the consideration of

House Bill No. 4310, entitled

(The bill was considered earlier today, see today's Journal, p. 648.)

Rep. Jaye moved to amend the bill as follows:

1. Amend page 110, following line 13, by inserting:

"Sec. 164. A IF A district or intermediate district shall forfeit an amount to which the district or intermediate district otherwise would be entitled under this act equal to the district's or intermediate district's expenditures in the immediately preceding school fiscal year EXPENDS FUNDS for purchasing, leasing, or renting cars for board members for use within district or intermediate district boundaries; ~~, and~~ for PROVIDING chauffeurs OR OTHER DRIVING SERVICES for board members or administrators ON AN ONGOING BASIS; OR FOR PROVIDING BODYGUARDS OR OTHER PERSONAL SECURITY SERVICES FOR BOARD MEMBERS OR ADMINISTRATORS ON AN ONGOING BASIS, THE DISTRICT OR INTERMEDIATE DISTRICT SHALL FORFEIT IN THE NEXT STATE FISCAL YEAR 5% OF ITS TOTAL STATE SCHOOL AID ALLOCATION UNDER THIS ACT.".

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

Rep. Goschka demanded the yeas and nays.

The demand was supported.

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

After debate,

Rep. Palamara demanded the previous question.

The demand was supported.

The question being, "Shall the main question now be put?"

The previous question was ordered.

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

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

Roll Call No. 214 Yeas--43

Birkholz Frank Kukuk Raczkowski

Bogardus Galloway Law Rhead

Brewer Gernaat Llewellyn Richner

Brown Goschka Lowe Rocca

Byl Green McBryde Scranton

Callahan Gustafson McManus Sikkema

Cassis Horton McNutt Voorhees

Cropsey Jansen Middleton Walberg

Curtis Jaye Olshove Whyman

DeVuyst Jelinek Palamara Wojno

Fitzgerald Kaza Perricone

Nays--59

Agee Emerson Johnson Price

Alley Freeman Kelly Prusi

Anthony Gagliardi Kilpatrick Quarles

Baird Gilmer LaForge Rison

Bankes Gire Leland Schauer

Bobier Godchaux LeTarte Schermesser

Bodem Griffin London Schroer

Brackenridge Gubow Mans Scott

Brater Hale Martinez Stallworth

Cherry Hammerstrom Mathieu Tesanovich

Ciaramitaro Hanley Middaugh Thomas

Crissman Harder Murphy Varga

Dalman Hertel Owen Wallace

Dobb Hood Oxender Wetters

Dobronski Jellema Parks

In The Chair: Hertel

Rep. Hammerstrom moved to amend the bill as follows:

1. Amend page 80, line 26, after "(a)" by striking out "$5,750,000.00" and inserting "$4,000,000.00".

2. Amend page 81, line 3, after "(b)" by striking out "$1,000,000.00" and inserting "$750,000.00".

3. Amend page 81, following line 11, by inserting:

"(D) $2,000,000.00 IS ALLOCATED TO THE DEPARTMENT FOR GRANTS TO BE DISTRIBUTED BY THE DEPARTMENT TO TEACHERS EMPLOYED BY A DISTRICT OR INTERMEDIATE DISTRICT FOR REIMBURSEMENT OF PERSONAL EXPENSES INCURRED BY A TEACHER WHO PURCHASES MATERIALS OR SUPPLIES FOR USE FOR INSTRUCTIONAL PURPOSES IN THE TEACHER'S CLASSROOM OR SCHOOL. A TEACHER SEEKING A REIMBURSEMENT GRANT UNDER THIS SUBDIVISION SHALL APPLY TO THE DEPARTMENT IN THE FORM AND MANNER PRESCRIBED BY THE DEPARTMENT.".

4. Amend page 81, line 13, after "allocated" by inserting "TO DISTRICTS AND INTERMEDIATE DISTRICTS".

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

Rep. Gustafson demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 215 Yeas--47

Alley DeVuyst Kelly Raczkowski

Bankes Geiger Kukuk Rhead

Birkholz Gernaat London Richner

Bobier Goschka Lowe Rocca

Bodem Green McBryde Schroer

Brackenridge Gustafson McManus Scranton

Brater Hammerstrom McNutt Sikkema

Brewer Horton Middaugh Voorhees

Byl Jansen Nye Walberg

Cropsey Jelinek Oxender Wetters

Dalman Jellema Perricone Whyman

DeHart Johnson Profit

Nays--57

Agee Freeman Kaza Price

Anthony Gagliardi Kilpatrick Prusi

Baird Galloway LaForge Quarles

Bogardus Gilmer Leland Rison

Brown Gire LeTarte Schauer

Callahan Godchaux Llewellyn Schermesser

Cassis Griffin Mans Scott

Cherry Gubow Martinez Stallworth

Ciaramitaro Hale Mathieu Tesanovich

Crissman Hanley Middleton Thomas

Curtis Harder Murphy Varga

Dobb Hertel Olshove Wallace

Dobronski Hood Owen Willard

Emerson Jaye Parks Wojno

Frank

In The Chair: Hertel

Rep. McNutt moved to amend the bill as follows:

1. Amend page 80, line 15, after "380.1278" by inserting "AND THAT HAS SATISFACTORY PARTICIPATION IN THE MICHIGAN EDUCATIONAL ASSESSMENT PROGRAM".

2. Amend page 80, line 18, after "LEVELS" by inserting "AND THAT AT LEAST 90% OF ITS PUPILS ELIGIBLE TO TAKE THE MICHIGAN EDUCATIONAL ASSESSMENT PROGRAM TESTS ADMINISTERED IN THE IMMEDIATELY PRECEDING SCHOOL YEAR ACTUALLY COMPLETED THOSE TESTS".

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

Rep. McNutt demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 216 Yeas--51

Alley Dobb Jellema Nye

Bankes Fitzgerald Johnson Perricone

Birkholz Galloway Kukuk Raczkowski

Bobier Geiger Law Rhead

Bodem Gernaat LeTarte Richner

Brackenridge Goschka Llewellyn Rocca

Brown Green London Scranton

Byl Gustafson Lowe Sikkema

Cassis Hammerstrom McBryde Voorhees

Cropsey Horton McManus Walberg

Curtis Jansen McNutt Whyman

Dalman Jaye Middaugh Willard

DeVuyst Jelinek Middleton

Nays--50

Agee Gagliardi LaForge Rison

Baird Gilmer Leland Schauer

Bogardus Gire Mans Schermesser

Brater Godchaux Martinez Schroer

Brewer Griffin Mathieu Scott

Callahan Gubow Murphy Stallworth

Cherry Hale Owen Tesanovich

Ciaramitaro Hanley Oxender Thomas

Crissman Harder Parks Varga

Dobronski Hertel Price Wallace

Emerson Hood Prusi Wetters

Frank Kaza Quarles Wojno

Freeman Kelly

In The Chair: Hertel

Rep. Dalman moved to amend the bill as follows:

1. Amend page 80, line 8, by striking out all of section 94A.

2. Amend page 80, line 26, after "(a)" by inserting "SUBJECT TO SUBSECTION (3),".

3. Amend page 81, line 12, after "(2)" by striking out "THE" and inserting "Subject to subsection (3), the".

4. Amend page 81, following line 23, by inserting:

"(3) NOT LATER THAN AUGUST 1 OF EACH YEAR, THE DEPARTMENT SHALL PROVIDE TO EACH DISTRICT SUFFICIENT COPIES OF THE STATE BOARD MODEL CORE ACADEMIC CURRICULUM CONTENT STANDARDS DEVELOPED UNDER SECTION 1278 OF THE REVISED SCHOOL CODE, MCL 380.1278, FOR A COPY TO BE DISTRIBUTED TO EACH CLASSROOM TEACHER AND TO EACH ADMINISTRATOR INVOLVED IN CURRICULUM DEVELOPMENT. A DISTRICT SHALL NOTIFY THE DEPARTMENT NOT LATER THAN JUNE 1 OF EACH YEAR OF THE NUMBER OF CLASSROOM TEACHERS AND ADMINISTRATORS INVOLVED IN CURRICULUM DEVELOPMENT EXPECTED TO BE EMPLOYED BY THE DISTRICT IN THE NEXT SCHOOL YEAR. UPON RECEIPT OF THE COPIES FROM THE DEPARTMENT, A DISTRICT SHALL DISTRIBUTE A COPY TO EACH CLASSROOM TEACHER AND TO EACH ADMINISTRATOR INVOLVED IN CURRICULUM DEVELOPMENT. THE DEPARTMENT SHALL USE MONEY ALLOCATED UNDER SUBSECTION (1)(A) TO FUND THE REQUIREMENTS OF THIS SUBSECTION." and renumbering the remaining subsections.

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

Rep. Dalman demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 217 Yeas--50

Birkholz Galloway Kukuk Raczkowski

Bobier Geiger Law Rhead

Bodem Gernaat LeTarte Richner

Brackenridge Godchaux Lowe Rocca

Brater Goschka McBryde Schroer

Brown Green McManus Scranton

Byl Gustafson McNutt Sikkema

Cassis Hammerstrom Middaugh Varga

Crissman Horton Middleton Voorhees

Cropsey Jansen Nye Walberg

Dalman Jaye Perricone Whyman

DeVuyst Jellema Profit Willard

Fitzgerald Kaza

Nays--46

Agee Gagliardi LaForge Quarles

Alley Gilmer Leland Rison

Baird Gire Mans Schauer

Bankes Griffin Martinez Schermesser

Bogardus Gubow Mathieu Scott

Brewer Hale Olshove Stallworth

Callahan Hanley Oxender Tesanovich

Cherry Harder Palamara Thomas

Dobronski Hertel Parks Wallace

Emerson Hood Price Wetters

Frank Jelinek Prusi Wojno

Freeman Kelly

In The Chair: Hertel

______

Rep. Hammerstrom moved that Rep. Green be excused temporarily from today's session.

The motion prevailed.

Rep. Dalman moved to amend the bill as follows:

1. Amend page 50, following line 7, by inserting:

"(7) THE BOARD OF A DISTRICT SHALL ENSURE THAT A PUPIL ENROLLED IN GRADES K-3, OTHER THAN A PUPIL ELIGIBLE FOR SPECIAL EDUCATION PROGRAMS AND SERVICES, IS NOT ADVANCED TO THE NEXT GRADE LEVEL UNLESS THE PUPIL HAS DEMONSTRATED THAT HE OR SHE HAS ACHIEVED READING PROFICIENCY AT LEAST AT THE PUPIL'S CURRENT GRADE LEVEL. HOWEVER, AFTER 2 SCHOOL YEARS AT THE SAME GRADE LEVEL, A PUPIL MAY BE ADVANCED TO THE NEXT GRADE LEVEL WITHOUT DEMONSTRATING THE READING PROFICIENCY REQUIRED UNDER THIS SUBSECTION IF THE PUPIL'S PARENT OR LEGAL GUARDIAN AND SCHOOL OFFICIALS AGREE IN WRITING TO THE ADVANCEMENT." and renumbering the remaining subsection.

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

Rep. Dalman demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 218 Yeas--40

Bankes Fitzgerald Johnson Nye

Birkholz Geiger Kukuk Olshove

Bobier Gernaat Law Perricone

Bodem Gilmer LeTarte Rhead

Brewer Goschka London Richner

Cherry Gustafson Lowe Rocca

Cropsey Horton McBryde Scranton

Curtis Jansen McManus Sikkema

Dalman Jaye McNutt Walberg

DeVuyst Jelinek Middaugh Whyman

Nays--63

Agee Frank Kilpatrick Quarles

Alley Freeman LaForge Raczkowski

Anthony Gagliardi Leland Rison

Baird Galloway Llewellyn Schauer

Bogardus Gire Mans Schermesser

Brackenridge Godchaux Martinez Schroer

Brater Griffin Mathieu Scott

Brown Hale Middleton Stallworth

Callahan Hammerstrom Murphy Tesanovich

Cassis Hanley Owen Thomas

Ciaramitaro Harder Oxender Varga

Crissman Hertel Palamara Wallace

DeHart Hood Parks Wetters

Dobb Jellema Price Willard

Dobronski Kaza Profit Wojno

Emerson Kelly Prusi

In The Chair: Hertel

______

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

Rep. Vaughn entered the House Chambers.

Rep. Dalman moved to amend the bill as follows:

1. Amend page 47, line 4, by striking out all of section 31B.

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

Rep. Geiger demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 219 Yeas--48

Bankes Fitzgerald Jellema Middleton

Birkholz Galloway Johnson Nye

Bobier Geiger Kaza Oxender

Bodem Gernaat Law Perricone

Brackenridge Gilmer LeTarte Raczkowski

Byl Godchaux Llewellyn Richner

Cassis Gustafson London Rocca

Crissman Hammerstrom Lowe Scranton

Cropsey Horton McBryde Sikkema

Dalman Jansen McManus Voorhees

DeVuyst Jaye McNutt Walberg

Dobb Jelinek Middaugh Whyman

Nays--55

Agee Emerson Leland Schauer

Alley Frank Mans Schermesser

Anthony Freeman Martinez Schroer

Baird Gagliardi Mathieu Scott

Bogardus Gire Murphy Stallworth

Brater Goschka Olshove Tesanovich

Brewer Hale Owen Thomas

Brown Hanley Palamara Varga

Callahan Harder Parks Vaughn

Cherry Hertel Price Wallace

Ciaramitaro Hood Profit Wetters

Curtis Kelly Prusi Willard

DeHart Kilpatrick Quarles Wojno

Dobronski LaForge Rison

In The Chair: Hertel

______

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

Rep. Bodem moved to amend the bill as follows:

1. Amend page 12, following line 14, by inserting:

"(X) IF A DISTRICT OPERATES GRADES K-12, HAS FEWER THAN 100 PUPILS, AND EITHER IS LOCATED WHOLLY ON AN ISLAND OR HAS ONLY 1 SCHOOL BUILDING AND THAT SCHOOL BUILDING IS LOCATED MORE THAN 35 MILES FROM ANY ADJOINING DISTRICT, THE DISTRICT'S MEMBERSHIP FOR 1997-98 SHALL BE CONSIDERED TO BE 95 FULL-TIME EQUATED PUPILS OR THE DISTRICT'S ACTUAL 1997-98 MEMBERSHIP, WHICHEVER IS GREATER. IF THE ACTUAL MEMBERSHIP OF A DISTRICT DESCRIBED IN THIS SUBDIVISION IS 70 PUPILS OR FEWER FOR 1997-98, OR IS 70 PUPILS OR FEWER FOR 3 CONSECUTIVE FISCAL YEARS, THE DEPARTMENT AND DISTRICT SHALL MEET TO DETERMINE THE DISTRICT'S FINANCIAL NEEDS AND SHALL MAKE A RECOMMENDATION TO THE LEGISLATURE ON THE LEVEL OF FUNDING FOR THE DISTRICT.".

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

Rep. Bodem demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 220 Yeas--53

Anthony Fitzgerald Jellema Prusi

Bankes Freeman Law Raczkowski

Birkholz Gagliardi Llewellyn Rhead

Bobier Galloway London Richner

Bodem Gernaat Lowe Rocca

Brown Gilmer McBryde Schauer

Byl Godchaux McManus Schroer

Cassis Goschka McNutt Sikkema

Crissman Gustafson Middaugh Tesanovich

Cropsey Hammerstrom Middleton Voorhees

Curtis Harder Nye Walberg

Dalman Horton Oxender Whyman

DeVuyst Jansen Perricone Willard

Dobb

Nays--47

Agee Emerson LaForge Quarles

Alley Frank Leland Rison

Baird Gubow LeTarte Schermesser

Bogardus Hale Mans Scott

Brackenridge Hanley Martinez Scranton

Brater Hertel Mathieu Stallworth

Brewer Hood Murphy Thomas

Callahan Jaye Olshove Varga

Cherry Jelinek Owen Vaughn

Ciaramitaro Kaza Palamara Wallace

DeHart Kelly Parks Wojno

Dobronski Kilpatrick Price

In The Chair: Hertel

Rep. Birkholz moved to amend the bill as follows:

1. Amend page 83, line 22, by striking out all of line 22 through "DISTRIBUTED" on line 26 and inserting "DETERMINED BY THE DEPARTMENT, AND PART OF THIS BALANCE MAY BE DISTRIBUTED TO THE SATELLITE CENTER THAT IS CLOSEST TO BECOMING A FULL MATHEMATICS AND SCIENCE CENTER, TO THE STATEWIDE PROJECT "TUNE IN MATH AND SCIENCE" CONDUCTED BY MICHIGAN STATE UNIVERSITY, OR".

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

Rep. Birkholz demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 221 Yeas--102

Agee Emerson Kelly Price

Alley Fitzgerald Kilpatrick Prusi

Anthony Frank LaForge Quarles

Baird Freeman Law Raczkowski

Bankes Galloway Leland Rhead

Birkholz Geiger LeTarte Richner

Bobier Gernaat Llewellyn Rison

Bodem Gilmer London Rocca

Bogardus Gire Lowe Schauer

Brackenridge Godchaux Mans Schermesser

Brater Goschka Martinez Schroer

Brewer Gubow Mathieu Scott

Brown Gustafson McBryde Scranton

Byl Hale McManus Sikkema

Callahan Hammerstrom McNutt Stallworth

Cassis Hanley Middaugh Tesanovich

Cherry Harder Middleton Thomas

Ciaramitaro Hertel Murphy Varga

Crissman Hood Nye Vaughn

Cropsey Horton Olshove Voorhees

Curtis Jansen Owen Walberg

Dalman Jaye Oxender Wallace

DeHart Jelinek Palamara Whyman

DeVuyst Jellema Parks Willard

Dobb Johnson Perricone Wojno

Dobronski Kaza

Nays--0

In The Chair: Hertel

______

The Speaker called the Speaker Pro Tempore to the Chair.

Rep. Dalman moved to amend the bill as follows:

1. Amend page 25, line 5, after "academy" by striking out "THAT OPERATES AT LEAST GRADE 12".

2. Amend page 25, line 21, by striking out all of line 21 through "LESS." on line 27.

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

Rep. Dalman demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 222 Yeas--49

Bankes Galloway Jellema Nye

Birkholz Geiger Johnson Oxender

Bobier Gernaat Kaza Perricone

Bodem Gilmer Law Raczkowski

Brackenridge Godchaux LeTarte Rhead

Byl Goschka Llewellyn Richner

Cassis Gustafson London Rocca

Crissman Hammerstrom Lowe Scranton

Cropsey Horton McBryde Sikkema

Dalman Jansen McManus Voorhees

DeVuyst Jaye McNutt Walberg

Dobb Jelinek Middaugh Whyman

Fitzgerald

Nays--53

Agee Emerson Leland Rison

Alley Frank Mans Schauer

Anthony Freeman Martinez Schermesser

Baird Gagliardi Mathieu Schroer

Bogardus Gire Middleton Scott

Brater Gubow Murphy Stallworth

Brewer Hanley Olshove Tesanovich

Brown Harder Owen Thomas

Callahan Hertel Parks Varga

Cherry Hood Price Vaughn

Ciaramitaro Kelly Profit Wallace

Curtis Kilpatrick Prusi Willard

DeHart LaForge Quarles Wojno

Dobronski

In The Chair: Murphy

______

Rep. Cherry moved that Reps. Gagliardi and Hertel be excused temporarily from today's session.

The motion prevailed.

Rep. Jaye moved to amend the bill as follows:

1. Amend page 110, following line 13, by inserting:

"SEC. 166D. BEFORE ENTERING INTO A CONTRACT IN AN AMOUNT IN EXCESS OF $30,000.00 FOR ANY SERVICES, MATERIALS, SUPPLIES, OR EQUIPMENT OR A CONTRACT IN AN AMOUNT IN EXCESS OF $30,000.00 FOR CONSTRUCTION OF A NEW BUILDING, OR ADDITION TO OR REPAIR OR RENOVATION OF AN EXISTING BUILDING, THE BOARD OF A DISTRICT ORGANIZED AS A SCHOOL DISTRICT OF THE FIRST CLASS UNDER PART 6 OF THE REVISED SCHOOL CODE, MCL 380.401 TO 380.485, OR ANY OTHER PURCHASING AUTHORITY WITHIN A DISTRICT ORGANIZED AS A SCHOOL DISTRICT OF THE FIRST CLASS, SHALL OBTAIN SEALED COMPETITIVE BIDS, AND THE DISTRICT SHALL AWARD SUCH A CONTRACT USING THIS COMPETITIVE BID PROCESS. A DISTRICT THAT VIOLATES THIS SECTION FORFEITS FROM ITS TOTAL STATE SCHOOL AID ALLOCATION UNDER THIS ACT AN AMOUNT EQUAL TO 3 TIMES THE CONTRACT AMOUNT OF EACH CONTRACT THAT VIOLATES THIS SECTION.".

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

Rep. Jaye demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 223 Yeas--54

Alley DeVuyst Jaye Nye

Birkholz Dobb Jelinek Olshove

Bobier Fitzgerald Jellema Perricone

Bodem Frank Johnson Raczkowski

Bogardus Galloway Kaza Rhead

Brackenridge Geiger Law Richner

Brewer Gernaat Llewellyn Rocca

Brown Gilmer London Scranton

Callahan Godchaux Lowe Sikkema

Cassis Goschka McBryde Walberg

Crissman Gustafson McManus Whyman

Cropsey Hammerstrom McNutt Willard

Curtis Horton Middaugh Wojno

Dalman Jansen

Nays--40

Agee Emerson Leland Rison

Anthony Freeman LeTarte Schauer

Baird Gire Mans Schermesser

Bankes Gubow Martinez Scott

Brater Hanley Mathieu Stallworth

Byl Harder Murphy Tesanovich

Cherry Hood Owen Thomas

Ciaramitaro Kelly Oxender Varga

DeHart Kilpatrick Price Vaughn

Dobronski LaForge Prusi Wallace

In The Chair: Murphy

Rep. McNutt moved to amend the bill as follows:

1. Amend page 110, following line 13, by inserting:

"SEC. 163B. (1) EACH SCHOOL YEAR, THE DEPARTMENT AND EACH DISTRICT SHALL ENSURE THAT THE ADMINISTRATION OF AT LEAST 1 OF THE MICHIGAN EDUCATIONAL ASSESSMENT PROGRAM TESTS FOR EACH GRADE LEVEL IN WHICH 1 OR MORE OF THOSE TESTS ARE ADMINISTERED OCCURS ON THE SAME DAY AS EITHER OF THE FOLLOWING OCCURS IN THAT DISTRICT:

(A) THE PUPIL MEMBERSHIP COUNT DAY.

(B) THE SUPPLEMENTAL PUPIL COUNT UNDER SECTION 6A.

(2) A PUPIL WHO IS FOUND TO BE ELIGIBLE FOR SPECIAL EDUCATION SERVICES THROUGH AN INDIVIDUALIZED EDUCATIONAL PLAN AND WHO RECEIVES 49% OR LESS OF HIS OR HER READING AND ENGLISH INSTRUCTION EACH WEEK THROUGH GENERAL EDUCATION MAY BE EXEMPTED FROM TESTING UNDER THE MICHIGAN EDUCATIONAL ASSESSMENT PROGRAM.

(3) A DISTRICT THAT VIOLATES THIS SECTION FORFEITS FROM ITS TOTAL STATE SCHOOL AID ALLOCATION UNDER THIS ACT AN AMOUNT EQUAL TO 5% OF THAT TOTAL ALLOCATION.".

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

Rep. McNutt demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 224 Yeas--41

Birkholz Gernaat Kaza Nye

Bobier Gilmer Law Perricone

Brackenridge Goschka Llewellyn Raczkowski

Brewer Gustafson London Rhead

Byl Hammerstrom Lowe Richner

Dalman Horton McBryde Rocca

DeVuyst Jansen McManus Scranton

Dobb Jaye McNutt Sikkema

Fitzgerald Jelinek Middaugh Voorhees

Galloway Johnson Middleton Whyman

Geiger

Nays--59

Agee DeHart LaForge Quarles

Alley Dobronski Leland Rison

Anthony Emerson LeTarte Schauer

Baird Frank Mans Schermesser

Bodem Freeman Martinez Schroer

Bogardus Gire Mathieu Stallworth

Brater Godchaux Murphy Tesanovich

Brown Gubow Olshove Thomas

Callahan Hale Owen Varga

Cassis Hanley Oxender Vaughn

Cherry Harder Palamara Walberg

Ciaramitaro Hood Parks Wallace

Crissman Jellema Price Willard

Cropsey Kelly Profit Wojno

Curtis Kilpatrick Prusi

In The Chair: Murphy

______

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

The motion prevailed.

Rep. Jaye moved to amend the bill as follows:

1. Amend page 110, following line 13, by inserting:

"SEC. 166E. (1) A DISTRICT SHALL NOT CONDUCT AN ELECTION FOR A TAX INCREASE OR RENEWAL OR FOR AUTHORIZATION OR RENEWAL OF A BOND ISSUE UNLESS THE ELECTION IS HELD ON THE SAME DAY AS A SCHOOL BOARD ELECTION IN THE DISTRICT. HOWEVER, IF THE TAX INCREASE OR RENEWAL OR BOND ISSUE QUESTION FAILS AT THIS ELECTION, THE DISTRICT MAY HOLD ANOTHER ELECTION ON THE QUESTION IF THE SECOND ELECTION IS HELD IN THE SAME CALENDAR YEAR AS THE SCHOOL BOARD ELECTION.

(2) A DISTRICT THAT VIOLATES SUBSECTION (1) FORFEITS FROM ITS TOTAL STATE SCHOOL AID ALLOCATION UNDER THIS ACT AN AMOUNT EQUAL TO 5% OF THAT TOTAL ALLOCATION.".

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

Rep. Jaye demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 225 Yeas--29

Brewer Goschka Lowe Rocca

Brown Gustafson McBryde Scranton

Byl Horton McManus Sikkema

Cropsey Jaye Middleton Voorhees

Dalman Kaza Nye Walberg

DeVuyst Law Raczkowski Whyman

Fitzgerald London Rhead Willard

Gernaat

Nays--61

Agee Emerson Kilpatrick Profit

Alley Frank LaForge Prusi

Anthony Freeman Leland Quarles

Baird Galloway LeTarte Richner

Bankes Gire Mans Rison

Brackenridge Godchaux Martinez Schauer

Brater Gubow Mathieu Schermesser

Callahan Hale McNutt Schroer

Cassis Hanley Middaugh Scott

Cherry Harder Murphy Stallworth

Ciaramitaro Hood Olshove Tesanovich

Crissman Jansen Owen Thomas

Curtis Jelinek Oxender Vaughn

DeHart Jellema Parks Wallace

Dobb Kelly Price Wojno

Dobronski

In The Chair: Murphy

Rep. Geiger moved to amend the bill as follows:

1. Amend page 50, following line 7, by inserting:

"(7) IF AN AT-RISK SCHOOL FOR WHICH FUNDING IS RECEIVED BY A DISTRICT UNDER THIS SECTION DOES NOT, AFTER RECEIVING SERVICES OR PROGRAMS UNDER THIS SECTION FOR AT LEAST 3 FISCAL YEARS, DEMONSTRATE SIGNIFICANT IMPROVEMENT AS DEFINED BY THE LOCALLY DEVELOPED PERFORMANCE MEASURES INCLUDED IN THE DISTRICT'S APPLICATION FOR FUNDING, THE DISTRICT RECEIVING FUNDING IS NOT ELIGIBLE FOR FURTHER FUNDING UNDER THIS SECTION FOR SERVICES OR PROGRAMS THAT HAVE ALREADY BEEN OFFERED UNDER THIS SECTION AT THAT AT-RISK SCHOOL UNLESS THE SERVICES OR PROGRAMS ARE SIGNIFICANTLY MODIFIED. THE DISTRICT MAY APPLY FOR AND RECEIVE FUNDS UNDER THIS SECTION FOR PROVIDING AT THAT AT-RISK SCHOOL A DIFFERENT SERVICE OR PROGRAM DESCRIBED IN THIS SECTION OR THE SAME SERVICE OR PROGRAM IF IT IS SIGNIFICANTLY MODIFIED AND APPROVED BY THE DEPARTMENT." and renumbering the remaining subsection.

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

Rep. Oxender moved to amend the bill as follows:

1. Amend page 39, line 26, by striking out "$275,000,000.00" and inserting "$285,000,000.00".

2. Amend page 47, line 4, by striking out all of section 31B.

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

Rep. Oxender demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 226 Yeas--54

Alley Galloway Kaza Oxender

Bankes Geiger Law Palamara

Birkholz Gernaat LeTarte Perricone

Bobier Gilmer Llewellyn Profit

Bodem Godchaux London Raczkowski

Brackenridge Goschka Lowe Rhead

Byl Gustafson Mans Richner

Cassis Hammerstrom McBryde Rocca

Crissman Horton McManus Scranton

Cropsey Jansen McNutt Sikkema

Dalman Jaye Middaugh Voorhees

DeVuyst Jelinek Middleton Walberg

Dobb Jellema Nye Whyman

Fitzgerald Johnson

Nays--45

Agee Dobronski Leland Schauer

Anthony Emerson Martinez Schermesser

Baird Frank Mathieu Schroer

Bogardus Gubow Murphy Scott

Brater Hale Olshove Stallworth

Brewer Hanley Owen Tesanovich

Brown Harder Parks Thomas

Callahan Hood Price Vaughn

Cherry Kelly Prusi Wallace

Ciaramitaro Kilpatrick Quarles Willard

Curtis LaForge Rison Wojno

DeHart

In The Chair: Murphy

______

The Speaker resumed the Chair.

Rep. Willard moved that Rep. Gubow be excused temporarily from today's session.

The motion prevailed.

Reps. Dobb, Godchaux and Raczkowski moved to amend the bill as follows:

1. Amend page 3, line 12, after "the" by striking out "average".

2. Amend page 3, line 16, after "year" by striking out the balance of the line through "year" on line 17.

3. Amend page 3, line 21, after "audit" by striking out the balance of the line through "2." on line 23 and inserting a period.

4. Amend page 5, line 17, by striking out all of subdivisions (i) and (j) and relettering the remaining subdivisions.

5. Amend page 7, line 21, after "subdivision" by striking out "(q)" and inserting "(O)".

6. Amend page 7, line 26, after "subdivision" by striking out "(q)" and inserting "(O)".

7. Amend page 8, line 4, after "subdivision" by striking out "(q)" and inserting "(O)".

8. Amend page 8, line 9, after "subdivision" by striking out "(q)" and inserting "(O)".

9. Amend page 8, line 15, after "subdivision" by striking out "(q)" and inserting "(O)".

10. Amend page 10, line 7, by striking out all of subdivision (t) and relettering the remaining subdivisions.

11. Amend page 14, line 4, by striking out all of subsection (12) and renumbering the remaining subsections.

12. Amend page 15, line 10, by striking out all of section 6a.

13. Amend page 36, line 18, by striking out all of section 20i.

14. Amend page 113, line 24, by striking out all of enacting section 2 and inserting:

"Enacting section 2. Sections 6a, 11b, 20c, 20h, and 20i of the state school aid act of 1979, 1979 PA 94, MCL 388.1606a, 388.1611b, 388.1620c, 388.1620h, and 388.1620i, are repealed.".

The question being on the adoption of the amendments offered by Reps. Dobb, Godchaux and Raczkowski,

Rep. Dobb demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendments offered by Reps. Dobb, Godchaux and Raczkowski,

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

Roll Call No. 227 Yeas--47

Alley Dobb Kaza Rhead

Baird Freeman Kukuk Richner

Bankes Galloway Law Rocca

Birkholz Gernaat McManus Schermesser

Brater Godchaux Middaugh Schroer

Brown Goschka Middleton Scranton

Callahan Gustafson Olshove Sikkema

Cassis Hammerstrom Palamara Voorhees

Crissman Horton Perricone Walberg

Cropsey Jansen Profit Whyman

Dalman Jaye Quarles Wojno

DeVuyst Jelinek Raczkowski

Nays--57

Agee Frank Kilpatrick Owen

Anthony Gagliardi LaForge Oxender

Bobier Geiger Leland Parks

Bodem Gilmer LeTarte Price

Bogardus Gire Llewellyn Prusi

Brackenridge Green London Rison

Brewer Griffin Lowe Schauer

Byl Hale Mans Scott

Cherry Hanley Martinez Stallworth

Ciaramitaro Harder Mathieu Tesanovich

Curtis Hertel McBryde Thomas

DeHart Jellema McNutt Vaughn

Dobronski Johnson Murphy Wallace

Emerson Kelly Nye Wetters

Fitzgerald

In The Chair: Hertel

Rep. Cropsey moved to amend the bill as follows:

1. Amend page 48, line 3, after "LAW," by striking out the balance of the subsection and inserting "PROGRAMS AND SERVICES THAT HAVE BEEN PROVEN TO IMPROVE INSTRUCTIONAL METHODS, ENCOURAGE EARLY LITERACY, AND, GENERALLY, IMPROVE SCHOOL PERFORMANCE. HOWEVER, THE DEPARTMENT SHALL NOT AWARD A GRANT UNDER THIS SECTION FOR A READING PROGRAM UNLESS THE PROGRAM INCLUDES INSTRUCTION IN PHONICS.".

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

Rep. Cropsey demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 228 Yeas--41

Bankes Gilmer Kilpatrick Oxender

Birkholz Goschka Kukuk Perricone

Bobier Green Law Raczkowski

Bodem Gustafson Llewellyn Rhead

Brown Hammerstrom Lowe Rocca

Cropsey Horton McBryde Scranton

Dalman Jansen McManus Sikkema

DeVuyst Jaye McNutt Voorhees

Fitzgerald Johnson Middaugh Walberg

Geiger Kaza Nye Whyman

Gernaat

Nays--61

Agee Dobb Jellema Prusi

Alley Dobronski Kelly Quarles

Anthony Emerson LaForge Richner

Baird Frank Leland Rison

Bogardus Freeman LeTarte Schauer

Brackenridge Gagliardi London Schermesser

Brater Galloway Mans Schroer

Brewer Gire Martinez Scott

Byl Godchaux Mathieu Stallworth

Callahan Hale Middleton Tesanovich

Cassis Hanley Olshove Thomas

Cherry Harder Owen Vaughn

Ciaramitaro Hertel Palamara Wetters

Crissman Hood Price Willard

Curtis Jelinek Profit Wojno

DeHart

In The Chair: Hertel

Reps. Brackenridge and LeTarte moved to amend the bill as follows:

1. Amend page 104, following line 19, by inserting:

"(15) A DISTRICT SHALL NOT COMMINGLE MONEY RECEIVED UNDER THIS SECTION OR FROM ANOTHER SOURCE FOR ADULT EDUCATION PURPOSES WITH ANY OTHER FUNDS OF THE DISTRICT. A DISTRICT RECEIVING ADULT EDUCATION FUNDS SHALL ESTABLISH A SEPARATE LEDGER ACCOUNT FOR THOSE FUNDS. THE DEPARTMENT SHALL REQUIRE EACH DISTRICT OPERATING AN ADULT EDUCATION PROGRAM UNDER THIS SECTION TO HAVE AN AUDIT OF THE DISTRICT'S ADULT EDUCATION FINANCIAL AND PARTICIPANT ACCOUNTING RECORDS CONDUCTED AT LEAST ANNUALLY AT THE EXPENSE OF THE DISTRICT BY A CERTIFIED PUBLIC ACCOUNTANT WHO IS NOT AN EMPLOYEE OF THE DISTRICT. THIS SUBSECTION DOES NOT PROHIBIT A DISTRICT FROM USING GENERAL FUNDS OF THE DISTRICT TO SUPPORT AN ADULT OR COMMUNITY EDUCATION PROGRAM.".

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

______

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

The motion prevailed.

Rep. Bogardus moved to amend the bill as follows:

1. Amend page 110, following line 13, by inserting:

"SEC. 162A. (1) NOT LATER THAN MARCH 1 OF EACH FISCAL YEAR, EACH PUBLIC SCHOOL ACADEMY RECEIVING FUNDS UNDER THIS ACT SHALL SUBMIT A REPORT TO THE MEMBERS OF THE SENATE AND HOUSE APPROPRIATIONS COMMITTEES AND TO THE DEPARTMENT REGARDING GRANTS RECEIVED BY THE PUBLIC SCHOOL ACADEMY. FOR EACH GRANT AWARDED TO OR RECEIVED BY THE PUBLIC SCHOOL ACADEMY IN THE CALENDAR YEAR ENDING DECEMBER 31 IMMEDIATELY PRECEDING THE DUE DATE FOR THE REPORT, OTHER THAN MONEY RECEIVED UNDER THIS ACT, THE REPORT SHALL SPECIFY ALL OF THE FOLLOWING:

(A) THE AMOUNT OF THE GRANT.

(B) THE SOURCE OF THE GRANT.

(D) A DETAILED DESCRIPTION OF THE AMOUNTS THAT HAVE BEEN EXPENDED FROM THE GRANT PROCEEDS AND OF THE PURPOSE OF EACH EXPENDITURE.

(E) A DESCRIPTION OF HOW THE GRANT AND THE EXPENDITURES OF GRANT PROCEEDS HAVE SATISFIED THE STATED PURPOSES OF THE GRANT AND HAVE FURTHERED THE EDUCATIONAL GOALS OF THE PUBLIC SCHOOL ACADEMY STATED IN THE CONTRACT ISSUED BY THE AUTHORIZING BODY FOR THE PUBLIC SCHOOL ACADEMY.

(2) A PUBLIC SCHOOL ACADEMY THAT DOES NOT COMPLY WITH SUBSECTION (1) FORFEITS FROM THE TOTAL AMOUNT OF STATE SCHOOL AID DUE TO THE PUBLIC SCHOOL ACADEMY UNDER THIS ACT FOR THE FISCAL YEAR IN WHICH THE VIOLATION OCCURS AN AMOUNT EQUAL TO 10% OF THAT TOTAL AMOUNT.".

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

Rep. Cropsey 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. 229 Yeas--50

Agee Dobronski LaForge Rison

Alley Emerson Leland Schauer

Anthony Frank Mans Schermesser

Baird Freeman Martinez Scott

Bogardus Gagliardi Mathieu Stallworth

Brater Gire Olshove Tesanovich

Brewer Gubow Owen Thomas

Brown Hanley Palamara Varga

Callahan Harder Parks Vaughn

Cherry Hertel Price Wetters

Ciaramitaro Hood Profit Willard

Curtis Kelly Prusi Wojno

DeHart Kilpatrick

Nays--52

Bankes Galloway Jelinek Middleton

Birkholz Geiger Jellema Nye

Bobier Gernaat Kaza Oxender

Bodem Gilmer Kukuk Perricone

Brackenridge Godchaux Law Raczkowski

Byl Goschka LeTarte Rhead

Cassis Green Llewellyn Richner

Crissman Gustafson London Rocca

Cropsey Hale Lowe Scranton

Dalman Hammerstrom McBryde Sikkema

DeVuyst Horton McManus Voorhees

Dobb Jansen McNutt Walberg

Fitzgerald Jaye Middaugh Whyman

In The Chair: Hertel

Rep. Willard moved to amend the bill as follows:

1. Amend page 71, line 5, after "DEPARTMENT" by inserting a comma and "AFTER OBTAINING APPROVAL FOR THE GRANTS FROM THE SENATE AND HOUSE APPROPRIATIONS COMMITTEES,".

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

______

The Speaker called Acting Speaker Hanley to the Chair.

Rep. Martinez moved to amend the bill as follows:

1. Amend page 100, line 1, after "ON" by striking out "2" and inserting "3".

2. Amend page 100, line 8, after "ON" by striking out "2" and inserting "3".

3. Amend page 101, line 20, by striking out "2" and inserting "3".

4. Amend page 102, line 13, after "IN" by striking out "2" and inserting "3".

5. Amend page 103, line 1, after "ON" by striking out "2" and inserting "3".

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

Reps. Gire, Profit, Crissman, LeTarte, Dalman and Godchaux moved to amend the bill as follows:

1. Amend page 97, following line 2, by inserting:

"(11) FOR THE 1997-98 FISCAL YEAR, SECTION 1279(10) OF THE REVISED SCHOOL CODE, MCL 380.1279, DOES NOT APPLY TO A DISTRICT THAT COMPLIES WITH THIS SECTION, AND A DISTRICT IS NOT REQUIRED TO INCLUDE ON A PUPIL'S TRANSCRIPT A NOVICE LEVEL SCORE ON A STATE-ENDORSED DIPLOMA TEST.".

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

Reps. Stallworth, Thomas, Freeman, DeHart, Schermesser, Mans, Callahan, Bogardus, Leland, Gagliardi, Anthony, Willard, Wetters, Gire, Rison, Curtis, Murphy, Baird, Olshove, Dobronski, Wallace, Harder, Frank, Hale, Brewer, Rocca, Quarles, Goschka, Schauer, Kilpatrick, Tesanovich, Cherry, Agee, Brown, Wojno, Parks, Brater, LaForge, Price, Kelly, Hanley, Owen, Mathieu, Gubow, Ciaramitaro, Vaughn and Scott moved to amend the bill as follows:

1. Amend page 15, line 25, after "of" by striking out "$371,435,100.00" and inserting "$456,435,100.00".

2. Amend page 97, line 9, by striking out "$100,000,000.00" and inserting "$185,000,000.00".

3. Amend page 98, line 3, after "AND" by inserting "HAS".

4. Amend page 98, line 4, after "CERTIFICATE" by striking out the balance of the subparagraph and inserting a period.

5. Amend page 98, line 21, after "exceed" by striking out "$80,000,000.00" and inserting "$165,000,000.00".

6. Amend page 98, line 26, after "to" by striking out "43.24%" and inserting "89.19%".

The question being on the adoption of the amendments offered by Reps. Stallworth, Thomas, Freeman, DeHart, Schermesser, Mans, Callahan, Bogardus, Leland, Gagliardi, Anthony, Willard, Wetters, Gire, Rison, Curtis, Murphy, Baird, Olshove, Dobronski, Wallace, Harder, Frank, Hale, Brewer, Rocca, Quarles, Goschka, Schauer, Kilpatrick, Tesanovich, Cherry, Agee, Brown, Wojno, Parks, Brater, LaForge, Price, Kelly, Hanley, Owen, Mathieu, Gubow, Ciaramitaro, Vaughn and Scott,

Rep. Stallworth demanded the yeas and nays.

The demand was supported.

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

Roll Call No. 230 Yeas--75

Agee Frank LaForge Quarles

Alley Freeman Law Rhead

Anthony Gagliardi Leland Rison

Baird Gernaat Llewellyn Rocca

Bankes Gire London Schauer

Bodem Goschka Lowe Schermesser

Bogardus Green Mans Schroer

Brater Gubow Martinez Scott

Brewer Hale Mathieu Stallworth

Brown Hammerstrom McManus Tesanovich

Callahan Hanley Middaugh Thomas

Cherry Harder Middleton Varga

Ciaramitaro Hertel Olshove Vaughn

Crissman Hood Owen Voorhees

Cropsey Jaye Palamara Wallace

Curtis Kaza Parks Wetters

DeHart Kelly Price Willard

Dobb Kilpatrick Profit Wojno

Dobronski Kukuk Prusi

Nays--32

Birkholz Fitzgerald Jansen Oxender

Bobier Galloway Jelinek Perricone

Brackenridge Geiger Jellema Raczkowski

Byl Gilmer Johnson Richner

Cassis Godchaux LeTarte Scranton

Dalman Griffin McBryde Sikkema

DeVuyst Gustafson McNutt Walberg

Emerson Horton Nye Whyman

In The Chair: Hanley

Rep. Schroer moved to amend the bill as follows:

1. Amend page 48, line 25, after "BOARD," by inserting "A SCHOOL PSYCHOLOGIST WHO HAS A VALID CERTIFICATE ISSUED BY THE STATE BOARD,".

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

______

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

The motion prevailed.

Rep. Hammerstrom moved to amend the bill as follows:

1. Amend page 38, following line 23, by inserting:

"SEC. 25A. (1) FROM THE AMOUNT APPROPRIATED UNDER SECTION 11, THERE IS ALLOCATED FOR 1997-98 AN AMOUNT NOT TO EXCEED $5,000,000.00 FOR PAYMENTS UNDER THIS SECTION FOR ALTERNATIVE EDUCATION FOR DISRUPTIVE YOUTH PROGRAMS.

(2) A DISTRICT OR CONSORTIUM OF DISTRICTS MAY APPLY FOR FUNDS UNDER THIS SECTION FOR OPERATING AN ALTERNATIVE EDUCATION FOR DISRUPTIVE YOUTH PROGRAM. TO RECEIVE FUNDS UNDER THIS SECTION, A DISTRICT OR CONSORTIUM SHALL APPLY TO THE DEPARTMENT OF EDUCATION IN THE FORM AND MANNER PRESCRIBED BY THE DEPARTMENT.

(3) AS USED IN THIS SECTION, "DISRUPTIVE PUPIL" MEANS A PUPIL, OTHER THAN A PUPIL ELIGIBLE FOR SPECIAL EDUCATION PROGRAMS AND SERVICES, WHO CONSISTENTLY EXHIBITS DISRUPTIVE BEHAVIOR AND WHOSE BEHAVIOR MEETS 1 OR MORE OF THE FOLLOWING:

(A) POSES A CLEAR THREAT TO THE SAFETY AND WELFARE OF OTHER PUPILS, SCHOOL TEACHERS OR OTHER SCHOOL PERSONNEL.

(B) CREATES AN UNSAFE SCHOOL ENVIRONMENT.

(4) A GRANT RECIPIENT SHALL USE FUNDS UNDER THIS SECTION TO PROVIDE ALTERNATIVE EDUCATION PROGRAMS WITH SMALL CLASS SIZES DESIGNED TO PROVIDE INDIVIDUALIZED REMEDIAL INSTRUCTION FOR DISRUPTIVE PUPILS.

(5) A PUPIL SHALL NOT BE PLACED IN A PROGRAM FUNDED UNDER THIS SECTION UNLESS THE DISTRICT OR CONSORTIUM HAS AFFORDED THE PUPIL DUE PROCESS AS REQUIRED BY LAW OR HAS THE CONSENT OF THE PUPIL'S PARENT OR LEGAL GUARDIAN.

(5) THE AMOUNT OF THE ALLOCATION UNDER THIS SECTION SHALL BE $20.00 PER PUPIL FOR EACH DISRUPTIVE PUPIL ENROLLED IN A PROGRAM DESCRIBED IN SUBSECTION (2) THAT IS APPROVED BY THE DEPARTMENT, UP TO A MAXIMUM NUMBER OF PUPILS EQUAL TO 2% OF THE TOTAL NUMBER OF PUPILS OF THE DISTRICT OR THE DISTRICTS IN THE CONSORTIUM. TO RECEIVE FUNDS UNDER THIS SECTION, A DISTRICT OR CONSORTIUM SHALL AGREE TO MATCH THE AMOUNT RECEIVED UNDER THIS SECTION BY EXPENDING AT LEAST AS MUCH MONEY PER PUPIL FROM LOCAL FUNDS AS RECEIVED UNDER THIS SECTION.".

2. Amend page 39, line 26, by striking out "$275,000,000.00" and inserting "$270,000,000.00.".

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

Rep. Gustafson demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 231 Yeas--50

Bankes Freeman Jelinek Profit

Birkholz Galloway Johnson Quarles

Bodem Geiger Kukuk Raczkowski

Brackenridge Gernaat Law Rhead

Brater Gilmer Llewellyn Richner

Brewer Gire Lowe Rocca

Byl Godchaux McBryde Schroer

Cassis Green McManus Scranton

Crissman Gubow McNutt Sikkema

Cropsey Gustafson Middaugh Voorhees

Dalman Hammerstrom Palamara Whyman

Dobb Horton Perricone Willard

Fitzgerald Jansen

Nays--53

Alley Frank Leland Prusi

Anthony Gagliardi LeTarte Rison

Baird Goschka London Schauer

Bobier Griffin Mans Scott

Bogardus Hale Martinez Stallworth

Brown Hanley Mathieu Tesanovich

Callahan Harder Middleton Thomas

Cherry Hood Nye Varga

Ciaramitaro Jaye Olshove Vaughn

Curtis Jellema Owen Walberg

DeHart Kaza Oxender Wallace

DeVuyst Kilpatrick Parks Wetters

Dobronski LaForge Price Wojno

Emerson

In The Chair: Hanley

______

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

"Mr. Speaker and members of the House:

We should punish disruptive students, not reward them as this amendment suggests.

Lest we forget, some 'disruptive students' are gang members who engage in violence. Do we really want to reward them in this manner?"

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

"Mr. Speaker and members of the House:

I voted no on this resolution because it took 5 million from the at risk money."

______

The Speaker resumed the Chair.

Reps. Jaye and Kaza moved to amend the bill as follows:

1. Amend page 110, following line 13, by inserting:

"SEC. 166D. (1) FUNDS APPROPRIATED UNDER THIS ACT SHALL NOT BE EXPENDED TO PROVIDE HEALTH CARE COVERAGE FOR DISTRICT OR INTERMEDIATE DISTRICT EMPLOYEES OR THEIR DEPENDENTS FOR ABORTION SERVICES, OTHER THAN FOR SPONTANEOUS ABORTION OR TO PREVENT THE DEATH OF THE WOMAN UPON WHOM THE ABORTION IS PERFORMED, IF THOSE SERVICES ARE NOT REQUIRED BY A COLLECTIVE BARGAINING AGREEMENT.

(2) A DISTRICT OR INTERMEDIATE DISTRICT SHALL NOT APPROVE A COLLECTIVE BARGAINING AGREEMENT WHICH INCLUDES HEALTH CARE COVERAGE FOR ABORTION SERVICES OTHER THAN SPONTANEOUS ABORTION OR TO PREVENT THE DEATH OF THE WOMAN UPON WHOM THE ABORTION IS PERFORMED. THIS SECTION SHALL NOT PROHIBIT A HEALTH CARE BENEFIT PROGRAM WHICH PROVIDES FOR AN EMPLOYEE-PAID RIDER PROVIDING COVERAGE FOR ABORTION SERVICES.

(3) IF A DISTRICT OR INTERMEDIATE DISTRICT EXPENDS FUNDS IN VIOLATION OF THIS SECTION, THE DISTRICT OR INTERMEDIATE DISTRICT SHALL FORFEIT 5% OF THE TOTAL STATE SCHOOL AID FOR THAT DISTRICT OR INTERMEDIATE DISTRICT.".

The question being on the adoption of the amendment offered by Reps. Jaye and Kaza,

Rep. Jaye demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendment offered by Reps. Jaye and Kaza,

After debate,

Rep. Brater demanded the previous question.

The demand was supported.

The question being, "Shall the main question now be put?"

The previous question was ordered.

The question being on the adoption of the amendment offered by Reps. Jaye and Kaza,

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

Roll Call No. 232 Yeas--54

Alley Geiger Kukuk Olshove

Birkholz Gernaat LeTarte Oxender

Bodem Goschka Llewellyn Palamara

Brackenridge Green London Perricone

Brown Griffin Lowe Raczkowski

Byl Gustafson Mans Rhead

Callahan Hammerstrom Mathieu Richner

Cassis Harder McBryde Rocca

Ciaramitaro Horton McManus Sikkema

Cropsey Jansen McNutt Voorhees

Dalman Jaye Middaugh Walberg

DeVuyst Jelinek Middleton Whyman

Frank Jellema Nye Wojno

Gagliardi Kaza

Nays--52

Anthony Emerson Kelly Schauer

Baird Fitzgerald Kilpatrick Schermesser

Bankes Freeman LaForge Schroer

Bobier Galloway Leland Scott

Bogardus Gilmer Martinez Scranton

Brater Gire Murphy Stallworth

Brewer Godchaux Owen Tesanovich

Cherry Gubow Parks Thomas

Crissman Hale Price Varga

Curtis Hanley Profit Vaughn

DeHart Hertel Prusi Wallace

Dobb Hood Quarles Wetters

Dobronski Johnson Rison Willard

In The Chair: Hertel

Reps. Profit, Schroer, Palamara, Dobb, Goschka, Lowe, Cropsey and Walberg moved to amend the bill as follows:

1. Amend page 91, line 6, by striking out all of section 104a and inserting:

"Sec. 104a. (1) In order to receive state aid under this act, a district shall comply with this section and, BEGINNING WITH PUPILS SCHEDULED TO GRADUATE FROM HIGH SCHOOL IN 1998, FOR EACH HIGH SCHOOL GRADUATE OF THE DISTRICT WHO HAS COMPLETED AN ASSESSMENT INSTRUMENT DESCRIBED IN SUBSECTION (4) IN ANY OF THE SUBJECT AREAS OF COMMUNICATIONS SKILLS, MATHEMATICS, SCIENCE, AND, BEGINNING WITH PUPILS SCHEDULED TO GRADUATE IN 2000, SOCIAL STUDIES, SHALL INCLUDE ON THE GRADUATE'S HIGH SCHOOL TRANSCRIPT THE ACTUAL TEST SCORE ACHIEVED BY THE GRADUATE ON EACH OF THE ASSESSMENT INSTRUMENTS HE OR SHE COMPLETED. IF A GRADUATE HAS REPEATED AN ASSESSMENT INSTRUMENT FOR A SUBJECT AREA UNDER SUBSECTION (2), THE HIGHEST TEST SCORE ACHIEVED BY THE GRADUATE ON AN ASSESSMENT INSTRUMENT FOR THAT SUBJECT AREA SHALL BE THE SCORE INCLUDED ON THE TRANSCRIPT FOR THAT SUBJECT AREA. shall award a state endorsed high school diploma to an eligible graduate as provided in this section. For a pupil scheduled to graduate in 1994, 1995, or 1996 to be eligible for a state-endorsement in 1 or more of the subject areas of communication arts, mathematics, or science, the pupil must achieve at least 1 of the following:

~~(a) A passing score on locally-adopted and state-approved basic proficiency tests measuring proficiency in 1 or more of the subject areas specified in this subsection.~~

~~(b) If the pupil is eligible to take the general education development (G.E.D.) test, a passing score in 1 or more of the subject areas specified in this subsection and tested in the G.E.D. test.~~

(c) For a state endorsement in communications arts, at least a score of moderate on the reading portion of the Michigan educational assessment program (MEAP) grade 10 test; for a state endorsement in mathematics, at least a score of moderate on the mathematics portion of the MEAP grade 10 test; and, for a state endorsement in science, at least 50% of the objectives on the science portion of the MEAP grade 11 test. For pupils scheduled to graduate in 1997, the department may use a version of the science assessment instrument developed under subsection (8) instead of the science portion of the MEAP grade 11 test, and, in its discretion, may administer that science assessment instrument in the fall of 1995 or the spring of 1996, or both. If the department uses that science assessment instrument, as provided under this subdivision, the department, based on expert advice, shall determine the level of proficiency that must be demonstrated for a pupil scheduled to graduate in 1997 to earn a state endorsement in science.

(2) For pupils scheduled to graduate in 1997, if a pupil achieves the outcomes required by the state board, as measured by an assessment instrument developed under subsection (8), for a state-endorsed high school diploma, or meets the requirements described in subsection (1)(c) for a state-endorsed high school diploma, in 1 or more of the subject areas of communications skills, mathematics, and science, the pupil's district shall award a state endorsement on the pupil's diploma in each of the subject areas in which the pupil demonstrated the required proficiency. Beginning with pupils scheduled to graduate in 1998, if a pupil achieves the objectives required by the state board, as measured by an assessment instrument developed under subsection (8), for a state-endorsed high school diploma in 1 or more of the subject areas of communications skills, mathematics, science, and, beginning with pupils scheduled to graduate in 2000, social studies, the pupil's district shall award a state endorsement on the pupil's diploma in each of the subject areas in which the pupil demonstrated the required proficiency. A district shall not award a state endorsement to a pupil unless the pupil meets the applicable requirements for the endorsement, as described in this subsection. A school district may award a high school diploma to a pupil who successfully completes local district requirements established in accordance with state law for high school graduation, regardless of whether the pupil is eligible for any state endorsement.

(3) A district that offers a pupil the opportunity to pass a basic proficiency test described in subsection (1)(a) as 1 means to obtain a state-endorsed diploma in 1994, 1995, or 1996 may submit the district's own basic proficiency test to the department for approval to be used by the district to assess proficiency.

(4) A pupil who does not achieve at least 1 of the requirements listed in subsection (1) or the requirements of subsection (2), as applicable, may be reevaluated each school year until the pupil achieves an applicable requirement for a state-endorsed diploma. In addition, the board of the district in which the pupil is enrolled shall provide that there be at least 1 meeting attended by at least the pupil and a member of the district's staff or a local or intermediate district consultant who is proficient in the measurement and evaluation of pupils. The district may provide the meeting as a group meeting for pupils in similar circumstances. If the pupil is a minor, the district shall invite and encourage the pupil's parent, legal guardian, or person in loco parentis to attend the meeting and shall mail a notice of the meeting to the pupil's parent, legal guardian, or person in loco parentis. The purpose of this meeting and any subsequent meeting under this subsection shall be to determine an educational program for the pupil designed to have the pupil reach proficiency in each subject or skill area in which he or she was assessed by the testing as not proficient. In addition, a district may provide for subsequent meetings with the pupil conducted by a high school counselor or teacher designated by the pupil's high school principal, and shall invite and encourage the pupil's parent, legal guardian, or person in loco parentis to attend the subsequent meetings. The district shall provide special programs for the pupil or develop a program using the educational programs regularly provided by the district unless the board of the district decides otherwise and publishes and explains its decision in a public justification report. A pupil may be reevaluated at any time the district administers an applicable assessment instrument.

(5) For a state-endorsed diploma, a pupil must achieve at least 1 of the requirements listed in subsection (1) or the requirements of subsection (2), as applicable, in addition to any other requirements established by law or by the board of a district for a high school diploma. If the board of a district determines that a pupil qualifies for a state-endorsed diploma, the board shall indicate on the pupil's high school diploma and transcript that the pupil achieved the proficiency necessary for receipt of a state-endorsed diploma.

(2) ~~(6)~~ An individual may repeat any of the ~~tests or~~ assessment instruments specified in ~~subsection (1) or subsection (2), as applicable,~~ SUBSECTION (4) at any time the district regularly offers the ~~test or~~ assessment. or, for the MEAP tests described in subsection (1)(c), during the established testing period, and, upon achieving at least 1 of the requirements listed in subsection (1) or the requirements of subsection (2), as applicable, and completing all other applicable requirements for a high school diploma, shall be awarded a state-endorsed diploma.

(3) ~~(7)~~ A district shall provide accommodations to a pupil with disabilities for the proficiency ~~testing or~~ assessment required under this section, as provided under section 504 of title V of the rehabilitation act of 1973, Public Law 93-112, 29 U.S.C. 794; subtitle A of title II of the Americans with disabilities act of 1990, Public Law 101-336, 42 U.S.C. 12131 to 12134; and the implementing regulations for those statutes. A special education pupil scheduled to graduate in 1994, 1995, or 1996 who has passed an alternative form of assessment permitted under this section as it was in effect for 1992-93 shall receive the applicable endorsement under this section.

(4) ~~(8)~~ For the purposes of this section, the state board shall develop or select and approve assessment instruments to determine pupil ~~proficiency~~ PERFORMANCE in communications skills, mathematics, social studies, and science. The assessment instruments shall be based on the state board model core academic content standards objectives.

~~(9) The state board shall develop or select and approve assessment instruments for the purpose of awarding state endorsements of advanced mastery in specified subject areas.~~

(5) ~~(10)~~ Upon written request by the pupil's parent or legal guardian stating that the request is being made for the purpose of providing the pupil with an opportunity to qualify to take 1 or more postsecondary courses as an eligible student under the postsecondary enrollment options act, ~~Act No. 160 of the Public Acts of 1996, being sections 388.511 to 388.524 of the Michigan Compiled Laws~~ 1996 PA 160, MCL 388.511 TO 388.524, the board of a district shall allow a pupil who is in at least grade 10 to take ~~a test or~~ AN assessment described in subsection ~~(1) or (2)~~ (4) without charge at any time the district regularly administers the ~~test or~~ assessment or administers a retest of the ~~test or~~ assessment. A district is not required to include in an annual education report, or in any other report submitted to the department for accreditation purposes, results of tests or assessments taken under this subsection by a pupil in grade 10 or lower.

(6) ~~(11)~~ All assessment instruments developed or selected and approved by the state under any statute or rule for a purpose related to K to 12 education shall be objective-oriented and consistent with the state board model core academic content standards objectives.

(12) Upon payment of a reasonable fee any person may, after graduation from high school, retake the state-endorsed diploma test and, upon achieving the initial mastery level in a subject area, have his or her high school diploma state-endorsed for that subject area.".

2. Amend page 114, line 4, by striking out all of subsection (2) and inserting:

"(2) Sections 104a and 105a of the state school aid act of 1979, 1979 PA 94, section 104a as amended and section 105a as added by this amendatory act, take effect upon enactment of this amendatory act.".

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

Rep. Brown moved to amend the bill as follows:

1. Amend page 48, line 7, after "(B)" by striking out "AN AFTER SCHOOL" and inserting "A".

2. Amend page 48, following line 27, by inserting:

"(G) TEACHER TRAINING IN READING DISORDERS DESIGNED TO ENABLE TEACHERS TO RECOGNIZE AND DIAGNOSE READING DISORDERS IN CHILDREN IN THE EARLY ELEMENTARY GRADES.

(H) DEVELOPMENT AND IMPLEMENTATION OF SPECIALIZED INSTRUCTIONAL PROGRAMS FOR PUPILS DIAGNOSED WITH READING DISORDERS.".

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

Rep. Oxender moved to amend the bill as follows:

1. Amend page 100, line 2, after "ASSESSMENTS" by inserting "AND HAS COMPLETED AT LEAST 450 HOURS OF INSTRUCTION".

2. Amend page 100, line 8, after "ASSESSMENTS" by inserting "AND HAS COMPLETED AT LEAST 450 HOURS OF INSTRUCTION".

3. Amend page 101, line 20, after "TESTS" by inserting "AND HAS COMPLETED AT LEAST 450 HOURS OF INSTRUCTION".

4. Amend page 102, line 14, after "ENROLLED" by inserting "AND HAS COMPLETED AT LEAST 900 HOURS OF INSTRUCTION".

5. Amend page 103, line 2, after "ASSESSMENTS" by inserting "AND HAS COMPLETED AT LEAST 450 HOURS OF INSTRUCTION".

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

Rep. Oxender demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 233 Yeas--107

Alley Frank Kelly Profit

Anthony Freeman Kilpatrick Prusi

Baird Gagliardi Kukuk Quarles

Bankes Galloway LaForge Raczkowski

Birkholz Geiger Law Rhead

Bobier Gernaat Leland Richner

Bodem Gilmer LeTarte Rison

Bogardus Gire Llewellyn Rocca

Brackenridge Godchaux London Schauer

Brater Goschka Lowe Schermesser

Brewer Green Mans Schroer

Brown Griffin Martinez Scott

Byl Gubow Mathieu Scranton

Callahan Gustafson McBryde Sikkema

Cassis Hale McManus Stallworth

Cherry Hammerstrom McNutt Tesanovich

Ciaramitaro Hanley Middaugh Thomas

Crissman Harder Middleton Varga

Cropsey Hertel Murphy Vaughn

Curtis Hood Nye Voorhees

Dalman Horton Olshove Walberg

DeHart Jansen Owen Wallace

DeVuyst Jaye Oxender Wetters

Dobb Jelinek Palamara Whyman

Dobronski Jellema Parks Willard

Emerson Johnson Perricone Wojno

Fitzgerald Kaza Price

Nays--0

In The Chair: Hertel

Rep. Oxender moved to amend the bill as follows:

1. Amend page 39, line 26, by striking out "$275,000,000.00" and inserting "$285,000,000.00".

2. Amend page 41, line 14, after "to" by striking out "11.5%" and inserting "11.75%".

3. Amend page 47, line 4, by striking out all of section 31B.

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

Rep. Oxender demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 234 Yeas--51

Bankes Galloway Jellema Nye

Birkholz Geiger Johnson Oxender

Bobier Gernaat Kukuk Perricone

Bodem Gilmer Law Raczkowski

Brackenridge Godchaux LeTarte Rhead

Byl Goschka Llewellyn Richner

Cassis Green London Rocca

Crissman Gustafson Lowe Scranton

Cropsey Hammerstrom McBryde Sikkema

Dalman Horton McManus Voorhees

DeVuyst Jansen McNutt Walberg

Dobb Jaye Middaugh Whyman

Fitzgerald Jelinek Middleton

Nays--48

Anthony Freeman Leland Schauer

Baird Gire Mans Schermesser

Bogardus Griffin Martinez Scott

Brewer Gubow Mathieu Stallworth

Brown Hale Murphy Tesanovich

Callahan Hanley Olshove Thomas

Cherry Harder Owen Varga

Ciaramitaro Hertel Parks Vaughn

DeHart Hood Price Wallace

Dobronski Kelly Prusi Wetters

Emerson Kilpatrick Quarles Willard

Frank LaForge Rison Wojno

In The Chair: Hertel

______

The Speaker called the Associate Speaker Pro Tempore to the Chair.

Rep. Geiger moved to amend the bill as follows:

1. Amend page 48, line 3, after "LAW," by inserting "PROGRAMS AND SERVICES THAT HAVE BEEN PROVEN TO IMPROVE INSTRUCTIONAL METHODS, ENCOURAGE EARLY LITERACY, OR, GENERALLY IMPROVE SCHOOL PERFORMANCE. THESE PROGRAMS AND SERVICES MAY INCLUDE".

2. Amend page 48, following line 27, following subdivision (H), by inserting:

"(I) READING PROGRAMS SUCH AS THE PROGRAMS KNOWN AS "READING RECOVERY", "FIRST STEPS", AND "SUCCESS FOR ALL".".

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

______

The Speaker resumed the Chair.

Reps. Dobb, Godchaux, Ciaramitaro and Raczkowski moved to amend the bill as follows:

1. Amend page 3, line 12, after "1997-98" by striking out the balance of the line through "2." on line 23 and inserting "FOR A DISTRICT, PUBLIC SCHOOL ACADEMY, UNIVERSITY SCHOOL, OR INTERMEDIATE DISTRICT THE SUM OF THE PRODUCT OF .6 TIMES THE NUMBER OF FULL-TIME EQUATED PUPILS IN GRADES K TO 12 ACTUALLY ENROLLED AND IN REGULAR DAILY ATTENDANCE ON THE PUPIL MEMBERSHIP COUNT DAY FOR THE CURRENT SCHOOL YEAR, PLUS THE PRODUCT OF .4 TIMES THE FINAL AUDITED COUNT FROM THE SUPPLEMENTAL COUNT DAY FOR THE IMMEDIATELY PRECEDING SCHOOL YEAR. FOR 1998-99, MEMBERSHIP MEANS FOR A DISTRICT, PUBLIC SCHOOL ACADEMY, UNIVERSITY SCHOOL, OR INTERMEDIATE DISTRICT THE SUM OF THE PRODUCT OF .7 TIMES THE NUMBER OF FULL-TIME EQUATED PUPILS IN GRADES K TO 12 ACTUALLY ENROLLED AND IN REGULAR DAILY ATTENDANCE ON THE PUPIL MEMBERSHIP COUNT DAY FOR THE CURRENT SCHOOL YEAR, PLUS THE PRODUCT OF .3 TIMES THE FINAL AUDITED COUNT FROM THE SUPPLEMENTAL COUNT DAY FOR THE IMMEDIATELY PRECEDING SCHOOL YEAR. FOR 1999-2000, MEMBERSHIP MEANS FOR A DISTRICT, PUBLIC SCHOOL ACADEMY, UNIVERSITY SCHOOL, OR INTERMEDIATE DISTRICT THE SUM OF THE PRODUCT OF .8 TIMES THE NUMBER OF FULL-TIME EQUATED PUPILS IN GRADES K TO 12 ACTUALLY ENROLLED AND IN REGULAR DAILY ATTENDANCE ON THE PUPIL MEMBERSHIP COUNT DAY FOR THE CURRENT SCHOOL YEAR, PLUS THE PRODUCT OF .2 TIMES THE FINAL AUDITED COUNT FROM THE SUPPLEMENTAL COUNT DAY FOR THE IMMEDIATELY PRECEDING SCHOOL YEAR. FOR 2000-2001, MEMBERSHIP MEANS FOR A DISTRICT, PUBLIC SCHOOL ACADEMY, UNIVERSITY SCHOOL, OR INTERMEDIATE DISTRICT THE SUM OF THE PRODUCT OF .9 TIMES THE NUMBER OF FULL-TIME EQUATED PUPILS IN GRADES K TO 12 ACTUALLY ENROLLED AND IN REGULAR DAILY ATTENDANCE ON THE PUPIL MEMBERSHIP COUNT DAY FOR THE CURRENT SCHOOL YEAR, PLUS THE PRODUCT OF .1 TIMES THE FINAL AUDITED COUNT FROM THE SUPPLEMENTAL COUNT DAY FOR THE IMMEDIATELY PRECEDING SCHOOL YEAR. FOR 2001-2002, MEMBERSHIP MEANS FOR A DISTRICT, PUBLIC SCHOOL ACADEMY, UNIVERSITY SCHOOL, OR INTERMEDIATE DISTRICT THE NUMBER OF FULL-TIME EQUATED PUPILS IN REGULAR DAILY ATTENDANCE ON THE PUPIL MEMBERSHIP COUNT DAY FOR THE CURRENT SCHOOL YEAR. ALL PUPIL COUNTS USED IN THIS SUBSECTION ARE AS DETERMINED BY THE DEPARTMENT AND CALCULATED BY ADDING THE NUMBER OF PUPILS REGISTERED FOR ATTENDANCE PLUS PUPILS RECEIVED BY TRANSFER AND MINUS PUPILS LOST AS DEFINED BY RULES PROMULGATED BY THE STATE BOARD, AND AS CORRECTED BY A SUBSEQUENT DEPARTMENT AUDIT.".

2. Amend page 15, line 25, after "of" by striking out "$371,435,100.00" and inserting "$391,435,100.00".

3. Amend page 20, line 21, by striking out "$8,383,000,000.00" and inserting "$8,403,000,000.00".

The question being on the adoption of the amendments offered by Reps. Dobb, Godchaux, Ciaramitaro and Raczkowski,

Rep. Dobb demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendments offered by Reps. Dobb, Godchaux, Ciaramitaro and Raczkowski,

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

Roll Call No. 235 Yeas--50

Baird Dobb Kukuk Rhead

Bankes Freeman Law Richner

Birkholz Galloway Lowe Rocca

Brackenridge Gernaat McManus Schroer

Brater Gire McNutt Scranton

Brown Godchaux Middaugh Sikkema

Callahan Goschka Middleton Voorhees

Cassis Gustafson Olshove Walberg

Ciaramitaro Hammerstrom Palamara Wetters

Crissman Horton Perricone Whyman

Cropsey Jansen Profit Willard

Dalman Jelinek Raczkowski Wojno

DeHart Kaza

Nays--48

Alley Gagliardi Leland Prusi

Anthony Geiger LeTarte Quarles

Bobier Gubow Llewellyn Rison

Bodem Hale London Schauer

Brewer Hanley Mans Schermesser

Byl Harder Martinez Scott

Cherry Hertel McBryde Stallworth

DeVuyst Jaye Nye Tesanovich

Dobronski Jellema Owen Thomas

Emerson Johnson Oxender Varga

Fitzgerald Kelly Parks Vaughn

Frank Kilpatrick Price Wallace

In The Chair: Hertel

Rep. Geiger moved to amend the bill as follows:

1. Amend page 47, line 14, after "(5)." by inserting "IN ADDITION, THE DISTRICT SHALL AGREE TO USE THE FUNDING RECEIVED BY THE DISTRICT UNDER SECTION 31A THAT IS ATTRIBUTABLE TO AT-RISK PUPILS IN GRADES K TO 3 AT THE AT-RISK SCHOOL, IN ADDITION TO USING THE FUNDING RECEIVED UNDER THIS SECTION, TO PROVIDE 1 OR MORE OF THE PROGRAMS AND SERVICES UNDER SUBSECTION (3) AT THE AT-RISK SCHOOL.".

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

Rep. Geiger demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 236 Yeas--49

Bankes Fitzgerald Jaye McNutt

Birkholz Freeman Jelinek Middaugh

Bobier Galloway Jellema Oxender

Bodem Geiger Johnson Perricone

Brackenridge Gernaat Kaza Raczkowski

Byl Godchaux Kukuk Rhead

Cassis Goschka Law Richner

Cherry Green Llewellyn Rocca

Crissman Gustafson London Scranton

Cropsey Hammerstrom Lowe Sikkema

Dalman Horton McBryde Voorhees

DeVuyst Jansen McManus Whyman

Dobb

Nays--55

Anthony Gire Mathieu Schermesser

Baird Griffin Middleton Schroer

Bogardus Gubow Murphy Scott

Brater Hanley Nye Stallworth

Brewer Harder Olshove Tesanovich

Brown Hertel Owen Thomas

Callahan Hood Palamara Varga

Ciaramitaro Kelly Parks Vaughn

Curtis Kilpatrick Price Walberg

DeHart LaForge Profit Wallace

Dobronski Leland Prusi Wetters

Emerson LeTarte Quarles Willard

Frank Mans Rison Wojno

Gagliardi Martinez Schauer

In The Chair: Hertel

Rep. Horton moved to amend the bill as follows:

1. Amend page 12, following line 14, by inserting:

"(X) FOR A DISTRICT DESCRIBED IN THIS SUBDIVISION, THE MEMBERSHIP OF THE DISTRICT IS THE NUMBER OF FULL-TIME EQUATED PUPILS IN GRADES K TO 12 ACTUALLY ENROLLED AND IN REGULAR DAILY ATTENDANCE IN THE DISTRICT ON THE PUPIL MEMBERSHIP COUNT DAY FOR THE CURRENT SCHOOL YEAR, AS DETERMINED BY THE DEPARTMENT AND CALCULATED BY ADDING THE NUMBER OF PUPILS REGISTERED FOR ATTENDANCE PLUS PUPILS RECEIVED BY TRANSFER AND MINUS PUPILS LOST AS DEFINED BY RULES PROMULGATED BY THE STATE BOARD, AND AS CORRECTED BY A SUBSEQUENT DEPARTMENT AUDIT. THIS SUBDIVISION APPLIES TO A DISTRICT THAT MEETS ALL OF THE FOLLOWING:

(i) THE DISTRICT'S ACTUAL PUPIL COUNT AS OF THE 1998 PUPIL MEMBERSHIP COUNT DAY IS AT LEAST 30 PUPILS MORE THAN THE DISTRICT'S ACTUAL PUPIL COUNT AS OF THE 1997 PUPIL MEMBERSHIP COUNT DAY AND IS AT LEAST 101.5% OF THE DISTRICT'S ACTUAL PUPIL COUNT AS OF THE 1997 PUPIL MEMBERSHIP COUNT DAY.

(ii) THE AMOUNT OF THE DISTRICT'S FOUNDATION ALLOWANCE UNDER SECTION 20 IS LESS THAN THE BASIC FOUNDATION ALLOWANCE UNDER SECTION 20(1).

(iii) THE DISTRICT IS DETERMINED BY THE DEPARTMENT TO MEET AT LEAST 1 OF THE FOLLOWING:

(A) THE DISTRICT IS OPEN FOR ENROLLMENT OF NONRESIDENT PUPILS IN COMPLIANCE WITH SECTION 105.

(B) THE DISTRICT HAS ADOPTED A FORMAL POLICY OF GRANTING ITS APPROVAL FOR PUPILS RESIDING IN THE DISTRICT TO ENROLL AND BE COUNTED IN MEMBERSHIP IN ANOTHER DISTRICT WHENEVER THAT APPROVAL IS REQUESTED.".

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

Rep. Horton demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 237 Yeas--29

Birkholz Hammerstrom Law Raczkowski

Cropsey Horton Llewellyn Rhead

Dalman Jansen Lowe Rocca

DeVuyst Jaye McBryde Scranton

Geiger Jellema McManus Sikkema

Gernaat Kaza Middaugh Voorhees

Goschka Kukuk Perricone Whyman

Gustafson

Nays--72

Alley DeHart Jelinek Parks

Anthony Dobb Johnson Price

Baird Dobronski Kelly Prusi

Bankes Emerson Kilpatrick Quarles

Bobier Fitzgerald LaForge Richner

Bodem Frank Leland Schauer

Bogardus Freeman LeTarte Schermesser

Brackenridge Gagliardi London Schroer

Brater Galloway Mans Scott

Brewer Gire Martinez Stallworth

Brown Godchaux Mathieu Tesanovich

Byl Green McNutt Thomas

Callahan Gubow Middleton Vaughn

Cassis Hale Murphy Walberg

Cherry Hanley Nye Wallace

Ciaramitaro Harder Olshove Wetters

Crissman Hertel Owen Willard

Curtis Hood Palamara Wojno

In The Chair: Hertel

Rep. Ciaramitaro moved to reconsider the vote by which the House did not adopt the amendment offered previously by Reps. Jaye and Kaza.

The motion prevailed.

The question being on the adoption of the amendment offered previously by Reps. Jaye and Kaza,

Rep. Ciaramitaro demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendment offered previously by Reps. Jaye and Kaza,

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

Roll Call No. 238 Yeas--57

Alley Geiger Kukuk Olshove

Birkholz Gernaat Law Owen

Bobier Goschka LeTarte Oxender

Bodem Green Llewellyn Palamara

Brackenridge Griffin London Perricone

Brown Gustafson Lowe Raczkowski

Byl Hammerstrom Mans Rhead

Callahan Horton Mathieu Richner

Cassis Jansen McBryde Rocca

Ciaramitaro Jaye McManus Sikkema

Cropsey Jelinek McNutt Voorhees

Dalman Jellema Middaugh Walberg

DeVuyst Kaza Middleton Whyman

Frank Kelly Nye Wojno

Gagliardi

Nays--47

Anthony Fitzgerald Kilpatrick Schroer

Baird Freeman LaForge Scott

Bankes Galloway Leland Scranton

Bogardus Gire Martinez Stallworth

Brater Godchaux Murphy Tesanovich

Cherry Gubow Parks Thomas

Crissman Hale Price Varga

Curtis Hanley Prusi Vaughn

DeHart Harder Quarles Wallace

Dobb Hertel Rison Wetters

Dobronski Hood Schauer Willard

Emerson Johnson Schermesser

In The Chair: Hertel

Rep. Voorhees moved to amend the bill as follows:

1. Amend page 15, line 24, by striking out "$8,701,055,800.00" and inserting "$8,710,555,800.00".

2. Amend page 69, line 7, by striking out all of sections 67 and 68.

3. Amend page 114, line 2, after "(3)," by striking out "and subject to subsection (4),".

4. Amend page 114, line 10, by striking out all of subsection (4).

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

Rep. Voorhees demanded the yeas and nays.

The demand was supported.

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

After debate,

Rep. Schauer demanded the previous question.

The demand was supported.

The question being, "Shall the main question now be put?"

The previous question was ordered.

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

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

Roll Call No. 239 Yeas--25

Alley Horton Lowe Rhead

Birkholz Jansen McBryde Rocca

Cropsey Jaye McManus Sikkema

Dalman Kaza Middaugh Voorhees

Geiger Kukuk Nye Walberg

Goschka Law Raczkowski Whyman

Green

Nays--79

Anthony Dobronski Jellema Perricone

Baird Emerson Johnson Price

Bankes Fitzgerald Kelly Prusi

Bobier Frank Kilpatrick Quarles

Bodem Freeman LaForge Richner

Bogardus Gagliardi Leland Rison

Brackenridge Galloway LeTarte Schauer

Brater Gernaat Llewellyn Schermesser

Brewer Gire London Schroer

Brown Godchaux Mans Scott

Byl Griffin Martinez Scranton

Callahan Gubow Mathieu Stallworth

Cassis Gustafson McNutt Tesanovich

Cherry Hale Middleton Thomas

Ciaramitaro Hammerstrom Murphy Vaughn

Crissman Hanley Olshove Wallace

Curtis Harder Owen Wetters

DeHart Hertel Oxender Willard

DeVuyst Hood Palamara Wojno

Dobb Jelinek Parks

In The Chair: Hertel

Rep. Horton moved to amend the bill as follows:

1. Amend page 12, following line 14, by inserting:

"(X) FOR A DISTRICT DESCRIBED IN THIS SUBDIVISION, THE MEMBERSHIP OF THE DISTRICT IS, AT THE OPTION OF THE DISTRICT, EITHER THE MEMBERSHIP AS OTHERWISE CALCULATED UNDER THIS SUBSECTION OR THE AVERAGE NUMBER OF FULL-TIME EQUATED PUPILS IN GRADES K TO 12 ACTUALLY ENROLLED AND IN REGULAR DAILY ATTENDANCE IN THE DISTRICT ON THE PUPIL MEMBERSHIP COUNT DAY FOR THE CURRENT SCHOOL YEAR, ON THE SUPPLEMENTAL COUNT DAY FOR THE CURRENT SCHOOL YEAR, AND ON A SCHOOL DAY, SELECTED BY THE DEPARTMENT, IN APRIL OF THE CURRENT SCHOOL YEAR, CALCULATED BY ADDING THE DISTRICT'S PUPIL COUNT FOR EACH OF THOSE DAYS AND DIVIDING THAT SUM BY 3. EACH PUPIL COUNT USED IN THIS SUBDIVISION IS AS DETERMINED BY THE DEPARTMENT AND CALCULATED BY ADDING THE NUMBER OF PUPILS REGISTERED FOR ATTENDANCE PLUS PUPILS RECEIVED BY TRANSFER AND MINUS PUPILS LOST AS DEFINED BY RULES PROMULGATED BY THE STATE BOARD, AND AS CORRECTED BY A SUBSEQUENT DEPARTMENT AUDIT. THIS SUBDIVISION APPLIES TO A DISTRICT THAT MEETS ALL OF THE FOLLOWING:

(ii) THE AMOUNT OF THE DISTRICT'S FOUNDATION ALLOWANCE UNDER SECTION 20 IS LESS THAN THE BASIC FOUNDATION ALLOWANCE UNDER SECTION 20(1).

(iii) THE DISTRICT IS DETERMINED BY THE DEPARTMENT TO MEET AT LEAST 1 OF THE FOLLOWING:

(A) THE DISTRICT IS OPEN FOR ENROLLMENT OF NONRESIDENT PUPILS IN COMPLIANCE WITH SECTION 105.

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

Rep. Horton demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 240 Yeas--29

Birkholz Hammerstrom Llewellyn Rhead

Cropsey Horton Lowe Richner

Dalman Jansen McManus Rocca

DeVuyst Jaye Middaugh Scranton

Geiger Kaza Nye Sikkema

Gernaat Kukuk Perricone Voorhees

Goschka Law Raczkowski Whyman

Gustafson

Nays--76

Alley Dobb Jellema Parks

Anthony Dobronski Johnson Price

Baird Emerson Kelly Prusi

Bankes Fitzgerald Kilpatrick Quarles

Bobier Frank LaForge Rison

Bodem Freeman Leland Schauer

Bogardus Gagliardi LeTarte Schermesser

Brackenridge Galloway London Schroer

Brater Gire Mans Scott

Brewer Godchaux Martinez Stallworth

Brown Green Mathieu Tesanovich

Byl Griffin McBryde Thomas

Callahan Gubow McNutt Varga

Cassis Hale Middleton Vaughn

Cherry Hanley Murphy Walberg

Ciaramitaro Harder Olshove Wallace

Crissman Hertel Owen Wetters

Curtis Hood Oxender Willard

DeHart Jelinek Palamara Wojno

In The Chair: Hertel

Rep. Horton moved to amend the bill as follows:

1. Amend page 80, line 12, after "THAT" by inserting "IS DETERMINED BY THE DEPARTMENT TO BE OPEN FOR ENROLLMENT OF NONRESIDENT PUPILS IN COMPLIANCE WITH SECTION 105 AND THAT".

2. Amend page 80, line 15, after "DISTRICT" by inserting "THAT IS DETERMINED BY THE DEPARTMENT TO BE OPEN FOR ENROLLMENT OF NONRESIDENT PUPILS IN COMPLIANCE WITH SECTION 105".

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

______

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

The motion prevailed.

The Speaker called the Speaker Pro Tempore to the Chair.

Rep. Dalman moved to amend the bill as follows:

1. Amend page 25, line 5, after "OPERATES" by striking out "AT LEAST GRADE 12" and inserting "SOME OR ALL OF GRADES K TO 12".

2. Amend page 25, line 21, by striking out all of line 21 through "LESS." on line 27.

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

Rep. Dalman demanded the yeas and nays.

The demand was supported.

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

After debate,

Rep. Bogardus demanded the previous question.

The demand was supported.

The question being, "Shall the main question now be put?"

The previous question was ordered.

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

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

Roll Call No. 241 Yeas--47

Birkholz Gernaat Kukuk Oxender

Bobier Goschka Law Perricone

Bodem Green LeTarte Raczkowski

Brackenridge Gustafson Llewellyn Rhead

Cassis Hammerstrom London Richner

Crissman Horton Lowe Rocca

Cropsey Jansen McBryde Scranton

Dalman Jaye McManus Sikkema

DeVuyst Jelinek McNutt Voorhees

Dobb Jellema Middaugh Walberg

Galloway Johnson Middleton Whyman

Geiger Kaza Nye

Nays--57

Alley Emerson LaForge Rison

Anthony Fitzgerald Leland Schauer

Baird Frank Mans Schermesser

Bankes Freeman Martinez Schroer

Bogardus Gagliardi Mathieu Scott

Brater Gire Murphy Stallworth

Brewer Godchaux Olshove Tesanovich

Brown Gubow Owen Thomas

Byl Hale Palamara Varga

Callahan Hanley Parks Vaughn

Cherry Harder Price Wallace

Ciaramitaro Hood Profit Wetters

Curtis Kelly Prusi Willard

DeHart Kilpatrick Quarles Wojno

Dobronski

In The Chair: Murphy

Rep. Cropsey moved to amend the bill as follows:

1. Amend page 72, line 19, after "EDUCATORS," by inserting "PARENTS OF PUBLIC SCHOOL PUPILS,".

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

Rep. Voorhees moved to amend the bill as follows:

1. Amend page 70, following line 12, by inserting:

"(6) THE COUNCIL FOR CAREER PREPARATION STANDARDS SHALL NOT IMPLEMENT ANY PART OF A CAREER PREPARATION SYSTEM UNLESS THE PLAN FOR THE SYSTEM HAS BEEN SUBMITTED TO THE STATE BOARD FOR APPROVAL AND THE STATE BOARD HAS APPROVED THE SYSTEM." and renumbering the remaining subsection.

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

Rep. Voorhees moved to amend the bill as follows:

1. Amend page 76, following line 12, by inserting:

"(5) FUNDING RECEIVED UNDER THIS SECTION FOR WORKSITE-BASED LEARNING OR WORKSITE-BASED PROGRAMS SHALL NOT BE USED FOR PUPILS WHO ARE NOT IN AT LEAST GRADE 11.".

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

Rep. Callahan demanded the yeas and nays.

The demand was supported.

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

After debate,

Rep. Freeman demanded the previous question.

The demand was supported.

The question being, "Shall the main question now be put?"

The previous question was ordered.

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

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

Roll Call No. 242 Yeas--34

Birkholz Harder McManus Rocca

Bodem Horton Nye Sikkema

Brown Jansen Olshove Tesanovich

Cropsey Jaye Owen Voorhees

Curtis Kaza Palamara Wetters

Frank Kukuk Perricone Whyman

Geiger Law Raczkowski Willard

Goschka Lowe Richner Wojno

Green McBryde

Nays--70

Alley Dobb Johnson Price

Anthony Dobronski Kelly Profit

Baird Fitzgerald Kilpatrick Prusi

Bankes Freeman LaForge Quarles

Bobier Gagliardi Leland Rhead

Bogardus Galloway LeTarte Rison

Brackenridge Gernaat Llewellyn Schauer

Brater Gire London Schermesser

Brewer Godchaux Mans Schroer

Byl Griffin Martinez Scott

Callahan Gubow Mathieu Scranton

Cassis Gustafson McNutt Stallworth

Cherry Hale Middaugh Thomas

Ciaramitaro Hammerstrom Middleton Varga

Crissman Hanley Murphy Vaughn

Dalman Hood Oxender Walberg

DeHart Jelinek Parks Wallace

DeVuyst Jellema

In The Chair: Murphy

Rep. Jaye moved to amend the bill as follows:

1. Amend page 110, following line 13, following section 166D, by inserting:

"SEC. 166E. BEFORE ENTERING INTO A CONTRACT IN AN AMOUNT IN EXCESS OF $15,000.00 FOR ANY MATERIALS, SUPPLIES, OR EQUIPMENT OR A CONTRACT IN AN AMOUNT IN EXCESS OF $15,000.00 FOR CONSTRUCTION OF A NEW BUILDING, OR ADDITION TO OR REPAIR OR RENOVATION OF AN EXISTING BUILDING, THE BOARD OF A DISTRICT ORGANIZED AS A SCHOOL DISTRICT OF THE FIRST CLASS UNDER PART 6 OF THE REVISED SCHOOL CODE, MCL 380.401 TO 380.485, OR ANY OTHER PURCHASING AUTHORITY WITHIN A DISTRICT ORGANIZED AS A SCHOOL DISTRICT OF THE FIRST CLASS, SHALL OBTAIN SEALED COMPETITIVE BIDS, AND THE DISTRICT SHALL AWARD SUCH A CONTRACT USING THIS COMPETITIVE BID PROCESS. THIS SECTION DOES NOT PROHIBIT A DISTRICT FROM MAKING A PUBLIC REQUEST FOR PROPOSALS BEFORE REQUESTING BIDS AND DOES NOT PROHIBIT A DISTRICT FROM AWARDING A CONTRACT BASED ON A COMBINATION OF PRICE, QUALITY, AND SERVICE FACTORS. A SCHOOL OFFICIAL OR MEMBER OF A SCHOOL BOARD OR OTHER PERSON WHO NEGLECTS OR REFUSES TO DO OR PERFORM AN ACT REQUIRED BY THIS SECTION, OR WHO VIOLATES OR KNOWINGLY PERMITS OR CONSENTS TO A VIOLATION OF THIS SECTION, IS GUILTY OF A MISDEMEANOR PUNISHABLE BY A FINE OF NOT MORE THAN $500.00, OR IMPRISONMENT FOR NOT MORE THAN 3 MONTHS, OR BOTH.".

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

Reps. Emerson and Oxender moved to amend the bill as follows:

1. Amend page 83, line 19, after "for" by striking out "1996-97" and inserting "1997-98".

2. Amend page 113, line 21, after "at" by striking out "$9,072,490,900.00" and inserting "$9,157,490,900.00".

3. Amend page 113, line 23, after "at" by striking out "$9,069,811,900.00" and inserting "$9,146,761,900.00".

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

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

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

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

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

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 4310, entitled

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

Roll Call No. 243 Yeas--71

Alley Gernaat LaForge Prusi

Anthony Gire Law Quarles

Baird Goschka Leland Rhead

Bodem Griffin LeTarte Rison

Bogardus Gubow Llewellyn Rocca

Brater Hale Mans Schauer

Brewer Hammerstrom Martinez Schermesser

Brown Hanley Mathieu Scott

Callahan Harder McNutt Stallworth

Cherry Hertel Middaugh Tesanovich

Ciaramitaro Hood Murphy Thomas

Curtis Jaye Olshove Varga

DeHart Jelinek Owen Vaughn

Dobronski Jellema Oxender Wallace

Emerson Kaza Palamara Wetters

Frank Kelly Parks Willard

Freeman Kilpatrick Price Wojno

Gagliardi Kukuk Profit

Nays--35

Bankes DeVuyst Jansen Raczkowski

Birkholz Dobb Johnson Richner

Bobier Fitzgerald London Schroer

Brackenridge Galloway Lowe Scranton

Byl Geiger McBryde Sikkema

Cassis Godchaux McManus Voorhees

Crissman Green Middleton Walberg

Cropsey Gustafson Nye Whyman

Dalman Horton Perricone

In The Chair: Murphy

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

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

A bill to amend 1979 PA 94, entitled "The state school aid act of 1979," by amending sections 6, 6a, 11, 17b, 20, 20d, 20i, 24, 26, 31a, 36, 39, 41, 51a, 52, 53a, 54, 56, 57, 58, 61a, 62, 74, 81, 94, 95, 99, 101, 104a, 107, 108, 111, 147, 151, 167, and 169a (MCL 388.1606, 388.1606a, 388.1611, 388.1617b, 388.1620, 388.1620d, 388.1620i, 388.1624, 388.1626, 388.1631a, 388.1636, 388.1639, 388.1641, 388.1651a, 388.1652, 388.1653a, 388.1654, 388.1656, 388.1657, 388.1658, 388.1661a, 388.1662, 388.1674, 388.1681, 388.1694, 388.1695, 388.1699, 388.1701, 388.1704a, 388.1707, 388.1708, 388.1711, 388.1747, 388.1751, 388.1767, and 388.1769a), sections 6, 11, 17b, 20, 20d, 24, 31a, 36, 39, 41, 52, 54, 56, 57, 58, 61a, 62, 74, 81, 94, 99, 101, 104a, 111, 147, and 167 as amended and sections 20i, 51a, 53a, 107, 108, and 169a as added by 1996 PA 300, sections 6a, 95, and 151 as amended by 1995 PA 130, and section 26 as amended by 1994 PA 283, and by adding sections 26a, 31b, 67, 68, 94a, 105a, 166d, and 166e; and to repeal acts and parts of acts.

The motion prevailed.

The House agreed to the title as amended.

______

Rep. Crissman, 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 cannot support the School Aid Budget because the blended count formula continues to have a financially negative impact on my growing school districts. Furthermore, the schools in the 45th House of Representatives District have not had an increase in their foundation grant to keep up with inflation."

Rep. Cassis, 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 no vote on the K-12 Appropriations bill is due primarily to that fact that growing districts, like the ones I represent, will not realize a per student current year count of funding in this budget proposal. Dollars should follow the student. This is only fair and equitable."

Rep. Dalman, 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 cannot support a budget that creates more inequities such as the continuing blended student count and a creation of $10 million dollar third grade reading guarantee that will only go to 13 school buildings in this state. I will always vote for a school funding bill that continues equitable funding, but THIS BILL DOES NOT."

Rep. London, 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:

HB 4310 as passed by the House was $137,000,000 over the Executive recommendation with no identifiable offsetting budget cuts. The constitution requires a balanced budget. Therefore I cast a NO vote."

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

"Mr. Speaker and members of the House:

I voted no on HB 4310 for several reasons: the bill blows a major hole in the budget without identifying an appropriate revenue source; the bill includes a bogus reading program which excludes phonics (the remedial reading method that really works); and the bill creates a second class status for public school academies that offer less than a full K-12 program.

Over the past few years we have made steady progress toward equity in the K-12 budgets we have approved. But HB 4310reintroduces discriminatory categoricals and actually increases inequity. For these reasons I am voting "no" on HB 4310."

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

The question being on the motion by Rep. Gagliardi,

Rep. Gustafson demanded the yeas and nays.

The demand was supported.

The question being on the motion by Rep. Gagliardi,

The motion did not prevail, 2/3 of the members serving not voting therefor, by yeas and nays, as follows:

Roll Call No. 244 Yeas--51

Alley Frank Leland Schermesser

Anthony Freeman Mans Schroer

Baird Gagliardi Martinez Scott

Bogardus Gire Mathieu Stallworth

Brater Gubow Murphy Tesanovich

Brown Hale Owen Thomas

Callahan Hanley Palamara Varga

Cherry Harder Parks Vaughn

Ciaramitaro Hertel Profit Wallace

Curtis Hood Prusi Wetters

DeHart Kelly Quarles Willard

Dobronski Kilpatrick Rison Wojno

Emerson LaForge Schauer

Nays--51

Bankes Galloway Johnson Nye

Birkholz Geiger Kaza Oxender

Bobier Gernaat Kukuk Perricone

Bodem Godchaux Law Raczkowski

Brackenridge Goschka LeTarte Rhead

Byl Green Llewellyn Richner

Cassis Gustafson London Rocca

Crissman Hammerstrom Lowe Scranton

Cropsey Horton McBryde Sikkema

Dalman Jansen McManus Voorhees

DeVuyst Jaye McNutt Walberg

Dobb Jelinek Middaugh Whyman

Fitzgerald Jellema Middleton

In The Chair: Murphy

______

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

"Mr. Speaker and members of the House:

Over the past few years we have made steady progress toward equity in the K-12 budgets we have approved. But HB 4310 reintroduces discriminatory categoricals and actually increases inequity. For these reasons I am voting "no" on HB 4310."

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

"Mr. Speaker and members of the House:

I voted in favor of HB 4310 because we were able to increase revenue per student as well as to restore full funding of adult education. However, I voted against immediate effect because I am hopeful that such action will cause my colleagues in the Senate to seriously consider incorporating in this bill the teaching of phonics in our public schools.

Reading is essential for one to have a rewarding life. Without the ability to read, potential opportunities fall by the wayside. While I support the funding portion of this bill, I have strong reservations with the teaching side as pertaining to reading without the use of phonics. Perhaps we can still have another opportunity to effect this concern when the bill comes back before the House."

______

Rep. Gagliardi moved that when the House adjourns today it stand adjourned until Tuesday, April 29, at 2:00 p.m.

The motion prevailed.

Rep. Green, pursuant to Rule 33, made the following statement:

"Mr. Speaker and members of the House:

I was absent from the Chamber when the vote was taken on Roll Call Nos. 217 through 226.

Had I been present, I would have voted "nay" on Roll Call No. 217, "yea" on Roll Call No. 218, "nay" on Roll Call No. 219 and "yea" on Roll Call Nos. 220 through 226."

By unanimous consent the House returned to the order of

Motions and Resolutions

Reps. Rocca, Jansen, Kaza, Godchaux, Crissman, Olshove, Law, Perricone, Goschka, Kukuk, Gilmer, Johnson, Birkholz, Scranton, McManus, Bankes, Dobb, Bodem, Dalman, Cassis, Whyman, Hammerstrom, Freeman, Brackenridge, Llewellyn, Dobronski, Cherry, Gubow, Galloway, Rhead, McNutt, Cropsey, Jaye, Tesanovich, Hanley, McBryde, Voorhees, Harder, Varga, Green, DeHart, Raczkowski, Scott, Middleton and Middaugh offered the following resolution:

House Resolution No. 37.

A resolution honoring the 20th anniversary of Beaumont Hospital-Troy.

Whereas, We are proud to join with the staff, patients, and friends of Beaumont Hospital-Troy as they gather to mark the 20th anniversary of this outstanding facility. This milestone is a reflection of unselfishness and commitment to the common good that is most commendable. While the members of this distinguished organization celebrate 20 years of service, we offer our thanks for the gifts they have shared within Southeast Michigan and throughout the entire state; and

Whereas, Founded in 1977 with a staff of only 670 employees, Beaumont Hospital-Troy now employs over 2,300 individuals. Outpatient surgeries have escalated from 1,554 performed in 1977 to more than 9,000 in 1996. This tremendous growth accurately reflects the success of this facility and the support that this hospital receives from their staff. These concerned citizens have truly made a difference, and their many contributions will continue to enrich this community far into the twenty-first century. This ability to grow and change has shown the belief that staff members have maintained in their mission of service; and

Whereas, Due to the efforts of every employee who has channeled their concern through this institution, Beaumont Hospital-Troy has touched many lives in the greater Oakland/Macomb County area. Some of the services provided at Beaumont Hospital-Troy include: Cardiology, Nephrology, Obstetrics, Oncology, Orthopedics, emergency service, home care, and an imaging center which will soon include the ability to perform Magnetic Resonance Imaging; and

Whereas, It is with pride and gratitude that we welcome this opportunity to salute the many merits, both large and small, in which the hospital employees have given their time and energies to help whenever the need arose. Today, many of the faces and names may be different from the citizens who came together in 1977 to share their dreams and unite in their efforts to impact on the community in a positive way, yet their purpose is just as noble and their contributions are just as valuable; and

Whereas, With ceremonies to celebrate its history, the staff and friends of Beaumont Hospital-Troy will remember the vision of many people and the hours and years of commitment that have brought the group to this point. Fittingly, as they look to the past, they will also be casting an eye to the future and to the many ways in which Beaumont Hospital-Troy will continue to reach out in our state; now, therefore, be it

Resolved by the House of Representatives, That the Michigan House of Representatives commemorates the 20th anniversary of Beaumont Hospital-Troy. We commend everyone who has contributed to its success and thank them for the manner in which their members have strengthened Michigan; and be it further

Resolved, That a copy of this resolution be transmitted to Beaumont Hospital-Troy in commemoration of their 20th anniversary.

Pending the reference of the resolution to a committee,

Rep. Gagliardi moved that Rule 77 be suspended and the resolution be considered at this time.

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

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. Bobier, Jellema, London, Kukuk, Geiger, Middleton, LeTarte, Llewellyn, Jelinek, Raczkowski, Godchaux, DeVuyst, Jansen, Scranton, Birkholz, Byl, Kaza, Martinez, McManus, Goschka, Hale, McBryde, Schroer, Bodem, Dobb, Fitzgerald, Wojno, Gernaat, Cherry, Oxender, Dalman, Prusi, Richner, Freeman, Brackenridge, Dobronski, Gubow, Galloway, Rhead, McNutt, Tesanovich, Hanley, Voorhees, Hammerstrom, Baird, Harder, Varga, Green, DeHart and Middaugh offered the following resolution:

House Resolution No. 38.

A resolution in commemoration of the drinking water celebration across Michigan on May 5, 1997.

Whereas, A Drinking Water Celebration on May 5, 1997, will bring together state and local leaders from across Michigan to reflect and build upon the vast accomplishments that have been made to promote drinking water protection among diverse audiences; and

Whereas, This Celebration is the culmination of a ten-year effort of the Groundwater Education in Michigan (GEM) Program, a multimillion dollar statewide program funded through the W.K. Kellogg Foundation, to heighten awareness of Michigan's groundwater resources and promote proactive voluntary drinking water protection activities; and

Whereas, The Celebration will showcase a cross-section of the 35 local and regional GEM projects which have developed educational materials, provided technical assistance to communities, and implemented training sessions and workshops on drinking water protection; and

Whereas, The Institute of Water Research at Michigan State University and the five university-based GEM Regional Centers at Western Michigan University, University of Michigan-Flint, Grand Valley State University, Michigan Technological University, and Eastern Michigan University have played major roles in developing programs and advancing pollution prevention efforts that protect the state's drinking water resources; and

Whereas, Important partnerships and new initiatives have emerged among statewide organizations and agencies that will carry on the objectives of the GEM program and which focus upon voluntary locally driven pollution prevention activities; and

Whereas, The Celebration will initiate a collective vision for the future regarding protection of Michigan's drinking water resources and launch a statewide media campaign to heighten awareness of drinking water among Michigan citizens; now, therefore, be it

Resolved by the House of Representatives, That the members of the Michigan House of Representatives join in commemorating the Drinking Water Celebration and commending the W.K. Kellogg Foundation, the GEM program, and a myriad of local and state organizations throughout Michigan for their involvement; and be it further

Resolved, That a copy of this resolution be presented to the W.K. Kellogg Foundation as a token of our esteem.

Pending the reference of the resolution to a committee,

Rep. Gagliardi moved that Rule 77 be suspended and the resolution be considered at this time.

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

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. Schermesser, Hale, Hammerstrom, McBryde, London, Kaza, Raczkowski, Kelly, Martinez, Hanley, Walberg, Goschka, Kilpatrick, Jaye, Tesanovich, DeHart, Richner, Parks and Green offered the following resolution:

House Resolution No. 39.

A resolution to memorialize the Congress of the United States and the Environmental Protection Agency not to restrict the use of barbecue grills.

Whereas, In discussions on possible steps to help clean our air, some federal officials are proposing restrictions on the use of charcoal and gas grills used for cooking. Apparently, federal air regulators are considering restrictions on barbecue grills as a means to reduce levels of ground-level ozone and soot. One of the reasons for trying to find a way to reduce ground-level smoke is the problems that it can have on people with certain respiratory conditions, including those suffering from asthma; and

Whereas, While there is certainly good reason to reduce excessive ground-level smoke, restricting charcoal or gas grills is an overreaction. With the problems generated by other, far more harmful practices, most of which can be monitored far more effectively anyway, a ban or restrictions on grilling is not a wise public policy decision. Even in a specific situation where a problem may exist for someone, the matter is hardly appropriate for federal actions; now, therefore, be it

Resolved by the House of Representatives, That we memorialize the Congress of the United States and the Environmental Protection Agency not to restrict the use of barbecue grills; and be it further

Resolved, That copies of this resolution be transmitted to the President of the United States Senate, the Speaker of the United States House of Representatives, the members of the Michigan congressional delegation, and officials of the Environmental Protection Agency.

The resolution was referred to the Committee on Conservation, Environment and Recreation.

Reps. Schermesser, Hale, Hammerstrom, McBryde, London, Kaza, Kelly, Raczkowski, Martinez, Hanley, Walberg, Goschka, Kilpatrick, Tesanovich, DeHart, Richner, Parks and Green offered the following concurrent resolution:

House Concurrent Resolution No. 37.

A concurrent resolution to memorialize the Congress of the United States and the Environmental Protection Agency not to restrict the use of barbecue grills.

Resolved by the House of Representatives (the Senate concurring), That we memorialize the Congress of the United States and the Environmental Protection Agency not to restrict the use of barbecue grills; and be it further

The concurrent resolution was referred to the Committee on Conservation, Environment and Recreation.

Reports of Standing Committees

The Committee on Consumer Protection, by Rep. Brater, Chair, reported

House Bill No. 4290, entitled

A bill to regulate the servicing, repair, and maintenance of certain appliances and the compensation received by certain persons for those activities; to provide for certain disclosures and warranties regarding those activities; to limit certain representations by service dealers; and to provide for certain remedies.

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 4290 To Report Out:

Yeas: Reps. Brater, DeHart, Brown, Freeman, Gire, Crissman, Birkholz,

Nays: Rep. Cropsey.

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Brater, Chair of the Committee on Consumer Protection, was received and read:

Meeting held on: Wednesday, April 23, 1997, at 9:00 a.m.,

Present: Reps. Brater, DeHart, Brown, Freeman, Gire, Crissman, Birkholz, Cropsey,

Absent: Rep. Law.

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

House Bill No. 4307, entitled

A bill to make appropriations for the department of corrections and certain state purposes related to corrections for the fiscal year ending September 30, 1998; to provide for the expenditure of the appropriations; to provide for reports; to provide for the creation of certain advisory committees and boards; to prescribe certain powers and duties of the department of corrections, certain other state officers and agencies, and certain advisory committees and boards; to provide for the collection of certain funds; and to provide for the disposition of fees and other income received by certain 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

HB 4307 To Report Out:

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

Nays: None.

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Thursday, April 24, 1997, at 9:00 a.m.,

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

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Thursday, April 24, 1997, at 8:30 a.m.,

Present: Reps. Freeman, Mans, Agee, Callahan, DeHart, Galloway, Jaye, Perricone,

Absent: Rep. Nye,

Excused: Rep. Nye.

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Thursday, April 24, 1997, at 8:30 a.m.,

Present: Reps. Varga, Wojno, Anthony, Leland, Olshove, Profit, Quarles, Scott, Fitzgerald, Jaye, Richner, Rocca, Scranton, Voorhees,

Absent: Rep. Vaughn,

Excused: Rep. Vaughn.

Messages from the Senate

Senate Bill No. 128, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending section 2882 (MCL 333.2882), as amended by 1996 PA 307.

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. 305, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," (MCL 750.1 to 750.568) by adding section 160a.

The Senate has passed the bill.

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

Senate Bill No. 322, entitled

A bill to designate the first Monday following February 4 as Mrs. Rosa L. Parks day in the state of Michigan.

The Senate has passed the bill.

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

Announcement by the Clerk of Printing and Enrollment

The Clerk announced that the following Senate bills had been received on Thursday, April 24:

Senate Bill Nos. 128 305 322

Introduction of Bills

Reps. Horton, Kaza, DeVuyst and Bobier introduced

House Bill No. 4680, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," (MCL 600.101 to 600.9948) by adding section 2970.

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

Reps. Law, Gire, Hammerstrom, Griffin, Crissman, Profit, Ciaramitaro, Rocca, Raczkowski, Olshove, Leland, Green, Cassis, Kukuk and Dalman introduced

House Bill No. 4681, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 16204a (MCL 333.16204a), as added by 1994 PA 232.

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

Reps. Crissman, Law, Gire, Hammerstrom, Griffin, Profit, Ciaramitaro, Raczkowski, Olshove, Leland, Green, Cassis, Kukuk and Dalman introduced

House Bill No. 4682, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending section 20165 (MCL 333.20165), as amended by 1990 PA 179, and by adding sections 16204b and 20210.

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

Reps. Griffin, Law, Hammerstrom, Crissman, Profit, Rocca, Raczkowski, Olshove, Leland, Green, Cassis, Kukuk and Dalman introduced

House Bill No. 4683, entitled

A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding sections 17017 and 17517.

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

Reps. Gire, Law, Hammerstrom, Griffin, Crissman, Profit, Ciaramitaro, Rocca, Raczkowski, Olshove, Leland, Green, Cassis, Kukuk and Dalman introduced

House Bill No. 4684, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," (MCL 500.100 to 500.8302) by adding section 3406j.

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

Reps. Hammerstrom, Law, Gire, Griffin, Crissman, Profit, Ciaramitaro, Rocca, Raczkowski, Olshove, Leland, Green, Cassis, Kukuk and Dalman introduced

House Bill No. 4685, entitled

A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding section 21053d.

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

Reps. Profit, Law, Gire, Hammerstrom, Griffin, Crissman, Ciaramitaro, Rocca, Raczkowski, Olshove, Leland, Green, Cassis, Kukuk and Dalman introduced

House Bill No. 4686, entitled

A bill to amend 1980 PA 350, entitled "The nonprofit health care corporation reform act," (MCL 550.1101 to 550.1704) by adding section 418.

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

Reps. Green, Schauer, Voorhees, Kukuk, Lowe, Baade, McManus, Griffin, Goschka, Nye, Walberg, Rhead, Schermesser, Tesanovich, Anthony, DeHart, Scott, Frank, Leland, Harder and Owen introduced

House Bill No. 4687, entitled

A bill to amend 1980 PA 350, entitled "The nonprofit health care corporation reform act," by amending section 301 (MCL 550.1301), as amended by 1988 PA 45.

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

Reps. Jaye, Llewellyn, Rhead, Goschka, Whyman, Gernaat, Dobb and Kukuk introduced

House Bill No. 4688, entitled

A bill to amend 1956 PA 40, entitled "The drain code of 1956," by amending sections 626, 628, and 629 (MCL 280.626, 280.628, and 280.629).

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

Reps. Jaye, Llewellyn, Goschka, Gernaat, Kukuk, Whyman and Dobb introduced

House Bill No. 4689, entitled

A bill to amend 1951 PA 33, entitled "An act to provide police and fire protection for townships and for certain areas in townships, certain incorporated villages, and cities under 15,000 population; to authorize contracting for fire and police protection; to authorize the purchase of fire and police equipment, and the maintenance and operation of the equipment; to provide for defraying the cost of the equipment; to authorize the creation of special assessment districts and the levying and collecting of special assessments; to authorize the issuance of special assessment bonds in anticipation of the collection of special assessments and the advancement of the amount necessary to pay such bonds, and to provide for reimbursement for such advances by reassessment if necessary; to authorize the collection of fees for certain emergency services in townships and other municipalities; to authorize the creation of administrative boards and to prescribe their powers and duties; to provide for the appointment of traffic officers and to prescribe their powers and duties; and to repeal certain acts and parts of acts," by amending section 1 (MCL 41.801), as amended by 1989 PA 81.

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

Reps. Whyman, Llewellyn, Rhead, Goschka, Gernaat, Dobb, Middleton and Kukuk introduced

House Bill No. 4690, entitled

A bill to amend 1941 PA 107, entitled "An act to authorize township water supply and sewage disposal services and facilities; to provide for financing of those services and facilities; and to prescribe the powers and duties of township boards with respect to those services and facilities," by amending sections 20b and 20k (MCL 41.350b and 41.350k), as added by 1989 PA 83.

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

Reps. Bogardus, Quarles, Frank, Martinez, Hale, Kaza, Hanley, LaForge, Willard, Goschka, Freeman, Schauer, Brown, Callahan, Palamara, Wojno, Brater, Schroer, DeHart, Gire, Prusi, Dobronski and Bankes introduced

House Bill No. 4691, entitled

A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding section 21054u.

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

Reps. Quarles, Frank, Bogardus, Thomas, Rison, Martinez, Kaza, Hale, Hanley, LaForge, Willard, Goschka, Freeman, Brater, Schauer, DeHart, Palamara, Gire, Prusi and Parks introduced

House Bill No. 4692, entitled

A bill to amend 1980 PA 350, entitled "The nonprofit health care corporation reform act," (MCL 550.1101 to 550.1704) by adding section 418.

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

Reps. Frank, Quarles, Bogardus, Martinez, Kaza, Hanley, Hale, Goschka, LaForge, Willard, Freeman, Brater, Schauer, DeHart, Palamara, Gire and Prusi introduced

House Bill No. 4693, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," (MCL 500.100 to 500.8302) by adding section 3406j.

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

Reps. DeHart, Kelly, Mans, Hale, Hanley, McBryde, Goschka, Scott, Parks and Brater introduced

House Bill No. 4694, entitled

A bill to amend 1913 PA 206, entitled "An act to declare telephone lines and telephone companies within this state to be common carriers; to regulate the telephone business; to confer certain powers, duties, and responsibilities on the public service commission; to provide for the consolidation of telephone lines and telephone companies; to prohibit certain uses of telephone lines and telephone equipment; to regulate persons using telephone lines and telephone equipment; to prescribe a penalty for the violation of this act; and to repeal certain acts and parts of acts on specific dates," by amending section 25 (MCL 484.125), as added by 1980 PA 47.

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

Reps. DeHart, Kelly, Mans, Hale, Hanley, Scott, Parks and Brater introduced

House Bill No. 4695, entitled

A bill to require automatic lighting in parking lots of certain retail businesses; and to provide penalties.

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

Reps. DeHart, Kaza, Raczkowski, Kelly, Mans, Hanley, Goschka, Parks and Brater introduced

House Bill No. 4696, entitled

A bill to amend 1976 PA 388, entitled "Michigan campaign finance act," (MCL 169.201 to 169.282) by adding section 47a.

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

Reps. Jelinek, Brackenridge, DeVuyst, Scranton, Godchaux, Middleton, Goschka, Fitzgerald, Byl, LaForge, Rocca, Jansen, Dalman, Oxender, Jellema and Hammerstrom introduced

House Bill No. 4697, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 1147 (MCL 380.1147).

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

Reps. Brackenridge, Jelinek, DeVuyst, Scranton, Godchaux, Middleton, Goschka, Fitzgerald, Byl, LaForge, Rocca, Jansen, Dalman, Oxender, Jellema and Hammerstrom introduced

House Bill No. 4698, entitled

A bill to amend 1979 PA 94, entitled "The state school aid act of 1979," by amending section 6 (MCL 388.1606), as amended by 1996 PA 300.

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

Reps. Profit, Emerson, Wallace, Palamara, Hammerstrom, Dobb, Brackenridge, Cassis, Wojno, Quarles, Hanley, Middleton, Goschka and Perricone introduced

House Bill No. 4699, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending section 311 (MCL 206.311), as amended by 1987 PA 254, and by adding section 51b.

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

Reps. London, Brater, DeHart, Llewellyn, LaForge, Whyman, Cherry, Mans, Schermesser, Leland, Olshove, Curtis, Emerson, Gernaat, Oxender, Scott, Kukuk, Green, Byl, Birkholz, Jellema, Gire, Hale, Varga, Schauer, Goschka, Middleton, Parks, Harder, Martinez, Baird, Agee, Schroer and Galloway introduced

House Bill No. 4700, entitled

A bill to amend 1972 PA 222, entitled "An act to provide for an official personal identification card; to provide for its form, issuance and use; to provide for certain duties of the secretary of state; and to prescribe certain penalties for violations," by amending section 2 (MCL 28.292), as amended by 1996 PA 204.

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

Reps. Brater, Wallace, Martinez, Schroer, Hanley, Hale, Walberg, LaForge, Profit, Goschka, McBryde, Baird, Cherry, Tesanovich, Freeman, DeHart, Whyman, Olshove, Scott, Parks, Jellema, London, Middleton, Gire, Varga, Curtis, Leland, Emerson, Gernaat, Oxender, Kukuk, Byl, Birkholz, Schauer, Galloway, Green, Schermesser, Mans, Llewellyn, Kaza, Harder and Agee introduced

House Bill No. 4701, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 204a, 208, 217, 221, 232, and 307 (MCL 257.204a, 257.208, 257.217, 257.221, 257.232, and 257.307), section 204a as amended by 1996 PA 102, section 208 as amended by 1996 PA 471, section 217 as amended by 1996 PA 59, and section 307 as amended by 1996 PA 205.

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

Reps. Brater, London, DeHart, Llewellyn, LaForge, Whyman, Cherry, Mans, Schermesser, Olshove, Leland, Curtis, Emerson, Gernaat, Oxender, Scott, Kukuk, Green, Byl, Birkholz, Jellema, Gire, Hale, Schauer, Goschka, Varga, Middleton, Parks, Harder, Martinez, Baird, Agee, Schroer and Galloway introduced

House Bill No. 4702, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 80129, 81120, and 82113 (MCL 324.80129, 324.81120, and 324.82113), as added by 1995 PA 58.

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

Reps. Jaye, Llewellyn, Whyman, Kaza, Goschka, Gernaat, Dobb, Middleton and Kukuk introduced

House Joint Resolution S, entitled

A joint resolution proposing an amendment to the state constitution of 1963, by amending section 3 of article IX and adding section 37 to article IX, to levy special assessments on the taxable value of the property assessed.

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

______

Rep. Galloway moved that the House adjourn.

The motion prevailed, the time being 5:45 p.m.

The Speaker Pro Tempore declared the House adjourned until Tuesday, April 29, at 2:00 p.m.

MARY KAY SCULLION

Clerk of the House of Representatives.