No. 60

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

89th Legislature

REGULAR SESSION OF 1998

House Chamber, Lansing, Wednesday, June 17, 1998.

10:00 a.m.

The House was called to order by Acting Speaker DeHart.

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--present

Baird--present

Bankes--present

Basham--present

Birkholz--present

Bobier--present

Bodem--present

Bogardus--present

Brackenridge--excused

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--present

Gubow--present

Gustafson--present

Hale--present

Hammerstrom--present

Hanley--present

Harder--e/d/s

Hertel--e/d/s

Hood--present

Horton--present

Jansen--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--e/d/s

Palamara--present

Parks--present

Perricone--present

Price--present

Profit--present

Prusi--present

Quarles--present

Raczkowski--present

Rhead--present

Richner--present

Rison--present

Rocca--present

Sanborn--present

Schauer--present

Schermesser--present

Schroer--present

Scott--present

Scranton--present

Sikkema--present

Stallworth--present

Tesanovich--present

Thomas--present

Varga--present

Vaughn--present

Voorhees--present

Walberg--present

Wallace--present

Wetters--present

Whyman--present

Willard--present

Wojno--present

e/d/s = entered during session

Rep. Ken Sikkema, from the 74th District, offered the following invocation:

"Lord we come to You today, as we prepare to do the people's business, with a humble and a contrite heart and spirit. We know that we have fallen short of Your expectations of us, and we ask forgiveness for that. We have in mind today our friends and neighbors who have suffered because of the recent storms in Michigan, we ask that You will help us help them. We also want to thank You for the blessings we have of living in a representative democracy. Let us always remember the freedoms we enjoy. With few exceptions we have all been born and raised in this country, and we simply are not aware or understand how important those freedoms are and how truly unique they are. Help us to always keep that in mind, and in the present and in the future strive to maintain those liberties. This we ask in Your Name, Amen."

______

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

The motion prevailed.

Notices

June 17, 1998

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

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

Messages from the Senate

The Speaker laid before the House

House Bill No. 4942, entitled

A bill to amend 1933 PA 167, entitled "General sales tax act," by amending section 6 (MCL 205.56), as amended by 1993 PA 325.

(The bill was received from the Senate on June 10, with substitute (S-1), full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until June 11, see House Journal No. 57, p. 1399.)

The question being on concurring in the adoption of the substitute (S-1) made to the bill by the Senate,

The substitute (S-1) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 633 Yeas--102

Agee Fitzgerald Kukuk Prusi

Alley Frank LaForge Quarles

Anthony Freeman Law Raczkowski

Baade Gagliardi Leland Rhead

Baird Galloway LeTarte Richner

Bankes Geiger Llewellyn Rocca

Basham Gernaat London Sanborn

Birkholz Gilmer Lowe Schauer

Bodem Gire Mans Schermesser

Bogardus Godchaux Martinez Schroer

Brater Goschka Mathieu Scott

Brewer Green McBryde Scranton

Brown Griffin McManus Sikkema

Byl Gubow McNutt Stallworth

Callahan Gustafson Middaugh Tesanovich

Cassis Hammerstrom Middleton Thomas

Cherry Hanley Murphy Varga

Ciaramitaro Hood Nye Vaughn

Crissman Horton Olshove Voorhees

Cropsey Jansen Owen Walberg

Curtis Jelinek Palamara Wallace

Dalman Jellema Parks Wetters

DeHart Johnson Perricone Whyman

DeVuyst Kaza Price Willard

Dobb Kelly Profit Wojno

Dobronski Kilpatrick

Nays--0

In The Chair: DeHart

The House agreed to the full title.

Reps. Baade, Basham, Callahan, Ciaramitaro, DeHart, DeVuyst, Gagliardi, Gilmer, Hood, Jansen, Kaza, Kukuk, Law, Lowe, McManus, Middaugh, Parks, Perricone, Profit, Rhead, Richner, Rocca, Scott, Vaughn, Whyman and Wojno were named co-sponsors of the bill.

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

The Speaker laid before the House

House Bill No. 5313, entitled

A bill to amend 1937 PA 94, entitled "Use tax act," by amending sections 4f and 6 (MCL 205.94f and 205.96), as amended by 1993 PA 326.

(The bill was received from the Senate on June 10, with substitute (S-1), full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until June 11, see House Journal No. 57, p. 1399.)

The question being on concurring in the adoption of the substitute (S-1) made to the bill by the Senate,

The substitute (S-1) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 634 Yeas--105

Agee Fitzgerald Kilpatrick Prusi

Alley Frank Kukuk Quarles

Anthony Freeman LaForge Raczkowski

Baade Gagliardi Law Rhead

Baird Galloway Leland Richner

Bankes Geiger LeTarte Rison

Basham Gernaat Llewellyn Rocca

Birkholz Gilmer London Sanborn

Bobier Gire Lowe Schauer

Bodem Godchaux Mans Schermesser

Bogardus Goschka Martinez Schroer

Brater Green Mathieu Scott

Brewer Griffin McBryde Scranton

Brown Gubow McManus Sikkema

Byl Gustafson McNutt Stallworth

Callahan Hale Middaugh Tesanovich

Cassis Hammerstrom Middleton Thomas

Cherry Hanley Murphy Varga

Ciaramitaro Hood Nye Vaughn

Crissman Horton Olshove Voorhees

Cropsey Jansen Owen Walberg

Curtis Jelinek Palamara Wallace

Dalman Jellema Parks Wetters

DeHart Johnson Perricone Whyman

DeVuyst Kaza Price Willard

Dobb Kelly Profit Wojno

Dobronski

Nays--0

In The Chair: DeHart

The House agreed to the full title.

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

Second Reading of Bills

House Bill No. 5703, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," (MCL 760.1 to 776.22) by adding sections 15c and 15e to chapter IX.

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

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

Rep. Schauer 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.

______

Rep. Harder entered the House Chambers.

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 5703, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," (MCL 760.1 to 776.22) by adding sections 15c and 15e to chapter IX.

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

Roll Call No. 635 Yeas--103

Agee Dobronski Johnson Profit

Alley Emerson Kaza Prusi

Anthony Fitzgerald Kelly Quarles

Baade Frank Kukuk Raczkowski

Baird Freeman LaForge Rhead

Bankes Gagliardi Law Richner

Basham Galloway Leland Rison

Birkholz Geiger LeTarte Rocca

Bobier Gernaat Llewellyn Sanborn

Bodem Gilmer London Schauer

Bogardus Gire Lowe Schermesser

Brater Godchaux Mans Scott

Brewer Goschka Martinez Sikkema

Brown Green Mathieu Stallworth

Byl Griffin McBryde Tesanovich

Callahan Gubow McManus Thomas

Cassis Gustafson McNutt Varga

Cherry Hale Middaugh Vaughn

Ciaramitaro Hammerstrom Middleton Voorhees

Crissman Hanley Murphy Walberg

Cropsey Harder Nye Wallace

Curtis Hood Olshove Wetters

Dalman Horton Owen Whyman

DeHart Jansen Palamara Willard

DeVuyst Jelinek Perricone Wojno

Dobb Jellema Price

Nays--1

Kilpatrick

In The Chair: DeHart

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 1931 PA 328, entitled "The Michigan penal code," (MCL 750.1 to 750.568) by adding chapter LXXVIIIA.

The motion prevailed.

The House agreed to the title as amended.

Reps. Alley, Anthony, Bankes, Basham, Birkholz, Bobier, Bodem, Brown, Callahan, Cassis, DeHart, DeVuyst, Dobb, Dobronski, Gagliardi, Gilmer, Goschka, Hanley, Jansen, Jelinek, Jellema, Johnson, Kaza, LaForge, Law, Llewellyn, London, Mans, Martinez, McBryde, Middaugh, Middleton, Murphy, Olshove, Parks, Profit, Richner, Rocca, Sanborn, Schermesser, Scott, Sikkema, Thomas, Vaughn, Voorhees, Wallace and Wojno were named co-sponsors of the bill.

Second Reading of Bills

House Bill No. 5699, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," (MCL 380.1 to 380.1852) by adding section 1306.

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

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

Rep. Gire moved to amend the bill as follows:

1. Amend page 6, line 14, by striking out all of subdivision (f) and relettering the remaining subdivision.

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

Rep. Thomas 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. 5699, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," (MCL 380.1 to 380.1852) by adding section 1306.

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

Roll Call No. 636 Yeas--104

Agee Emerson Kelly Prusi

Alley Fitzgerald Kilpatrick Quarles

Anthony Frank Kukuk Raczkowski

Baade Freeman LaForge Rhead

Baird Gagliardi Law Richner

Bankes Galloway Leland Rison

Basham Geiger LeTarte Rocca

Birkholz Gernaat Llewellyn Sanborn

Bobier Gilmer London Schauer

Bodem Gire Lowe Schermesser

Bogardus Godchaux Mans Schroer

Brater Goschka Mathieu Scott

Brown Green McBryde Scranton

Byl Gubow McManus Sikkema

Callahan Gustafson McNutt Stallworth

Cassis Hale Middaugh Tesanovich

Cherry Hammerstrom Middleton Thomas

Ciaramitaro Hanley Murphy Varga

Crissman Harder Nye Vaughn

Cropsey Hood Olshove Voorhees

Curtis Horton Owen Walberg

Dalman Jansen Palamara Wallace

DeHart Jelinek Parks Wetters

DeVuyst Jellema Perricone Whyman

Dobb Johnson Price Willard

Dobronski Kaza Profit Wojno

Nays--0

In The Chair: DeHart

The House agreed to the title of the bill.

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

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

Reps. Alley, Anthony, Baade, Bankes, Birkholz, Bodem, Brewer, Brown, Cassis, Dalman, DeVuyst, Dobb, Dobronski, Gagliardi, Gernaat, Goschka, Hammerstrom, Jansen, Jelinek, Kilpatrick, Kukuk, Law, Llewellyn, McBryde, McManus, Middaugh, Middleton, Murphy, Prusi, Rocca, Sanborn, Schermesser, Stallworth, Tesanovich, Varga, Vaughn and Voorhees were named co-sponsors of the bill.

______

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

Second Reading of Bills

House Bill No. 4075, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending sections 1535a and 1539a (MCL 380.1535a and 380.1539a), as amended by 1995 PA 289.

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

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

Rep. Gire moved to amend the bill as follows:

1. Amend page 13, line 18, by striking out all of subdivision (e) and relettering the remaining subdivisions.

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

Rep. London 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.

______

Rep. Harder moved that Rep. Leland be excused temporarily from today's session.

The motion prevailed.

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 4075, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending sections 1535a and 1539a (MCL 380.1535a and 380.1539a), as amended by 1995 PA 289.

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

Roll Call No. 637 Yeas--103

Agee Dobronski Kaza Quarles

Alley Fitzgerald Kelly Raczkowski

Anthony Frank Kilpatrick Rhead

Baade Freeman Kukuk Richner

Baird Gagliardi LaForge Rison

Bankes Galloway Law Rocca

Basham Geiger Leland Sanborn

Birkholz Gernaat LeTarte Schauer

Bobier Gilmer Llewellyn Schermesser

Bodem Gire London Schroer

Bogardus Godchaux Lowe Scott

Brater Goschka Mans Scranton

Brewer Green Martinez Sikkema

Brown Griffin Mathieu Stallworth

Byl Gubow McBryde Tesanovich

Callahan Gustafson McManus Thomas

Cassis Hale McNutt Varga

Cherry Hammerstrom Middaugh Vaughn

Ciaramitaro Hanley Middleton Voorhees

Crissman Harder Murphy Walberg

Cropsey Hood Nye Wallace

Curtis Horton Owen Wetters

Dalman Jansen Parks Whyman

DeHart Jelinek Perricone Willard

DeVuyst Jellema Profit Wojno

Dobb Johnson Prusi

Nays--0

In The Chair: DeHart

The House agreed to the title of the bill.

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

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

Reps. Alley, Anthony, Bankes, Basham, Birkholz, Bodem, Bogardus, Brewer, Callahan, Cassis, Cherry, Crissman, Dalman, DeHart, DeVuyst, Dobb, Fitzgerald, Gilmer, Gire, Goschka, Gustafson, Hammerstrom, Horton, Jelinek, Jellema, Kaza, Kilpatrick, Kukuk, Law, McBryde, McManus, Middaugh, Prusi, Richner, Rocca, Sanborn, Schermesser, Scott, Scranton, Sikkema, Vaughn, Voorhees and Wallace were named co-sponsors of the bill.

______

Rep. Hertel entered the House Chambers.

Second Reading of Bills

House Bill No. 5482, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending sections 1311 and 1596 (MCL 380.1311 and 380.1596), section 1311 as amended by 1995 PA 250, and by adding sections 1305 and 1309.

Was read a second time, and the question being on the adoption of the proposed substitute (H-4) previously recommended by the Committee on Education,

The substitute (H-4) was adopted, a majority of the members serving voting therefor.

Rep. Gire moved to amend the bill as follows:

1. Amend page 5, line 18, by striking out all of subdivision (e) and relettering the remaining subdivisions.

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

Rep. Hammerstrom moved to amend the bill as follows:

1. Amend page 2, line 2, after "SECTION" by striking out "1310(9)" and inserting "1310".

2. Amend page 4, following line 13, by inserting:

"SEC. 1310. (1) A SCHOOL BOARD SHALL MAKE AVAILABLE ALL OF THE FOLLOWING:

(A) THE CODE OF STUDENT CONDUCT REQUIRED UNDER SECTION 1312.

(B) THE SEXUAL HARASSMENT POLICY REQUIRED UNDER SECTION 1300A.

(C) THE SUSPENSION/EXPULSION POLICY REQUIRED UNDER SUBSECTION (3).

(D) THE DUE PROCESS POLICY REQUIRED UNDER SUBSECTION (4).

(2) A SCHOOL BOARD MAY COMBINE 2 OR MORE OF THE PUBLICATIONS REQUIRED UNDER SUBSECTION (1) INTO A SINGLE DOCUMENT.

(3) NOT LATER THAN JULY 1, 1999, A SCHOOL BOARD SHALL DEVELOP AND ADOPT A SUSPENSION/ EXPULSION POLICY DESCRIBING THE TYPES OF DISCIPLINARY VIOLATIONS THAT MAY RESULT IN SUSPENSION OR EXPULSION FROM SCHOOL OR IN AN IN-SCHOOL SUSPENSION.

(4) NOT LATER THAN JULY 1, 1999, A SCHOOL BOARD SHALL DEVELOP AND ADOPT A DUE PROCESS POLICY DESCRIBING THE DUE PROCESS THAT WILL BE PROVIDED TO A PUPIL BEFORE A PUPIL IS SUSPENDED OR EXPELLED FROM SCHOOL OR PLACED IN AN IN-SCHOOL SUSPENSION.

(5) DURING THE TIME A PUPIL IS EXPELLED FROM SCHOOL, THE SCHOOL DISTRICT SHALL PLACE THE PUPIL IN AN APPROPRIATE DISCIPLINARY EDUCATION PLACEMENT.

(6) A SCHOOL DISTRICT'S DUE PROCESS POLICY UNDER THIS SECTION SHALL INCLUDE A DESCRIPTION OF THE PROCEDURES FOR REINSTATEMENT OF A PUPIL WHO IS EXPELLED PERMANENTLY UNDER SECTION 1311(2) OR 1311A.

(7) A DUE PROCESS POLICY DEVELOPED UNDER THIS SECTION SHALL NOT DIMINISH THE DUE PROCESS RIGHTS UNDER FEDERAL LAW OF A PUPIL WHO HAS BEEN DETERMINED TO BE ELIGIBLE FOR SPECIAL EDUCATION PROGRAMS AND SERVICES.

(8) A SCHOOL BOARD SHALL DEVELOP AND MAINTAIN A SCHOOL DISCIPLINE RECORD FOR EACH SCHOOL OPERATED BY THE SCHOOL BOARD. FOR EACH SCHOOL, THE SCHOOL DISCIPLINE RECORD SHALL CONTAIN A REPORT OF EACH OF THE FOLLOWING FOR EACH SCHOOL YEAR, WITH THE NUMBER AND PERCENTAGE OF PUPILS IDENTIFIED BY AGE AND WHETHER THEY RECEIVE SPECIAL EDUCATION SERVICES:

(A) THE NUMBER AND PERCENTAGE OF PUPILS WHO WERE SUSPENDED FROM THE SCHOOL FOR A TOTAL ACCUMULATION OF AT LEAST 10 DAYS DURING THE SCHOOL YEAR.

(B) THE NUMBER AND PERCENTAGE OF PUPILS WHO WERE EXPELLED FROM SCHOOL, THE LENGTH OF TIME OF EACH EXPULSION, WHETHER THE EXPULSION WAS PERMANENT OR LESS THAN PERMANENT, A BRIEF DESCRIPTION OF THE REASON FOR EACH EXPULSION, AND THE DISCIPLINARY EDUCATION PLACEMENT THAT WAS MADE FOR THE PUPIL.

(C) THE NUMBER AND PERCENTAGE OF PUPILS INVOLVED IN REPORTS TO LAW ENFORCEMENT AGENCIES AS REQUIRED UNDER SECTION 1308.

(9) A SCHOOL BOARD SHALL ENSURE THAT ALL INFORMATION CONTAINED IN THE SCHOOL DISCIPLINE RECORD IS AVAILABLE TO THE PUBLIC IN ACCORDANCE WITH THE FREEDOM OF INFORMATION ACT, 1976 PA 442, MCL 15.231 TO 15.246.

(10) A SCHOOL BOARD MAY COMPLY WITH SUBSECTIONS (8) AND (9) BY INCLUDING THE INFORMATION REQUIRED UNDER SUBSECTION (8) IN THE ANNUAL EDUCATIONAL REPORT PREPARED FOR EACH SCHOOL UNDER SECTION 1204A.

(11) AS USED IN THIS SECTION:

(A) "EXPULSION" MEANS THAT A PUPIL IS EXCLUDED FROM SCHOOL FOR MORE THAN 10 CONSECUTIVE SCHOOL DAYS.

(B) "IN-SCHOOL SUSPENSION" MEANS THAT A PUPIL IS EXCLUDED FROM 1 OR MORE PARTICULAR CLASSES BUT NOT FROM SCHOOL.

(C) "SCHOOL BOARD" AND "SCHOOL DISTRICT" MEAN THOSE TERMS AS DEFINED IN SECTION 1311.

(D) "SUSPENSION" MEANS THAT A PUPIL IS EXCLUDED FROM SCHOOL FOR NOT MORE THAN 10 SCHOOL DAYS, BUT DOES NOT INCLUDE SUSPENSION FROM A CLASS, SUBJECT, OR ACTIVITY UNDER SECTION 1311C.".

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

Rep. Hammerstrom moved to amend the bill as follows:

1. Amend page 2, line 26, after "SECTION 1312(8)" by inserting a comma and "AND SHALL INCLUDE A MODEL SUSPENSION/EXPULSION POLICY AND A MODEL DUE PROCESS POLICY FOR THE PURPOSES OF SECTION 1310".

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

Rep. Hammerstrom moved to amend the bill as follows:

1. Amend page 4, line 15, after "PUPIL'S" by striking out "PRESENCE" and inserting "CONDUCT".

2. Amend page 4, line 16, after "ACTIVITY" by striking out the balance of the line through "MENT" on line 18 and inserting "CONDUCTED BY THE TEACHER MERITS SUSPENSION OF THE PUPIL FROM THE CLASS, SUBJECT, OR ACTIVITY ACCORDING TO THE SCHOOL DISTRICT POLICY ADOPTED UNDER SUBSECTION (2)".

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

"(2) THE SCHOOL BOARD OF A SCHOOL DISTRICT SHALL ADOPT A POLICY DEFINING THE CONDUCT FOR WHICH A PUPIL MAY BE SUSPENDED BY A TEACHER FROM A CLASS, SUBJECT, OR ACTIVITY UNDER THIS SECTION. AT A MINIMUM, THE POLICY SHALL ALLOW SUSPENSION BY A TEACHER UNDER THIS SECTION IF THE PUPIL'S PRESENCE IN A CLASS, SUBJECT, OR ACTIVITY POSES A CLEAR THREAT TO THE SAFETY AND WELFARE OF OTHER PUPILS OR SCHOOL PERSONNEL OR CREATES AN UNSAFE SCHOOL ENVIRONMENT. THE POLICY MAY ALLOW SUSPENSION BY A TEACHER UNDER THIS SECTION FOR OTHER UNSAFE OR DISRUPTIVE CONDUCT." and renumbering the remaining subsection.

4. Amend page 5, line 9, after "SECTION" by striking out the comma and inserting a colon and:

"(A) "SCHOOL BOARD" MEANS THE BOARD OF A SCHOOL DISTRICT OR LOCAL ACT SCHOOL DISTRICT, AN INTERMEDIATE SCHOOL BOARD, OR THE BOARD OF DIRECTORS OF A PUBLIC SCHOOL ACADEMY.

(B) "SCHOOL DISTRICT" MEANS A SCHOOL DISTRICT, LOCAL ACT SCHOOL DISTRICT, PUBLIC SCHOOL ACADEMY, OR INTERMEDIATE SCHOOL DISTRICT.

(C)".

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

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

The motion prevailed.

Rep. Cherry moved to amend the bill as follows:

1. Amend page 4, line 14, by striking out all of section 1311C.

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

Rep. Cherry demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 638 Yeas--56

Agee Gagliardi Kilpatrick Prusi

Alley Godchaux Kukuk Raczkowski

Baade Green Leland Richner

Baird Griffin LeTarte Sanborn

Basham Gubow Llewellyn Schroer

Brater Hale Lowe Scott

Brewer Hanley Mans Stallworth

Cherry Harder Martinez Tesanovich

Cropsey Hertel Murphy Thomas

Curtis Hood Nye Varga

DeHart Horton Olshove Vaughn

Dobronski Johnson Palamara Voorhees

Emerson Kaza Parks Walberg

Freeman Kelly Profit Wallace

Nays--41

Anthony DeVuyst Jansen Owen

Bankes Dobb Jelinek Perricone

Birkholz Fitzgerald Jellema Rocca

Bobier Galloway Law Schauer

Bodem Geiger London Schermesser

Bogardus Gernaat McBryde Scranton

Brown Gilmer McManus Sikkema

Byl Goschka McNutt Whyman

Cassis Gustafson Middaugh Willard

Crissman Hammerstrom Middleton Wojno

Dalman

In The Chair: DeHart

Rep. Hammerstrom 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. 5482, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending sections 1311 and 1596 (MCL 380.1311 and 380.1596), section 1311 as amended by 1995 PA 250, and by adding sections 1305 and 1309.

The bill was read a third time.

The question being on the passage of the bill,

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

The motion prevailed.

Second Reading of Bills

House Bill No. 5702, entitled

A bill to create a state anti-gang assistance program; to prescribe certain powers and duties of certain state departments and officials; to create a fund in the department of treasury; and to provide for an appropriation.

The bill was read a second time.

Rep. Scott 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.

______

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

The motion prevailed.

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 5702, entitled

A bill to create a state anti-gang assistance program; to prescribe certain powers and duties of certain state departments and officials; to create a fund in the department of treasury; and to provide for an appropriation.

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

Roll Call No. 639 Yeas--101

Agee Fitzgerald Kaza Price

Alley Frank Kelly Profit

Anthony Freeman Kilpatrick Prusi

Baird Gagliardi Kukuk Quarles

Bankes Galloway LaForge Raczkowski

Basham Geiger Law Richner

Birkholz Gernaat Leland Rison

Bobier Gilmer LeTarte Rocca

Bodem Gire Llewellyn Sanborn

Bogardus Godchaux London Schauer

Brater Goschka Lowe Schermesser

Brewer Green Mans Scott

Brown Griffin Martinez Scranton

Byl Gubow Mathieu Sikkema

Callahan Gustafson McBryde Stallworth

Cassis Hale McManus Thomas

Cherry Hammerstrom McNutt Varga

Ciaramitaro Hanley Middaugh Vaughn

Crissman Harder Middleton Voorhees

Cropsey Hertel Nye Walberg

Curtis Horton Olshove Wallace

Dalman Jansen Owen Wetters

DeHart Jelinek Palamara Whyman

DeVuyst Jellema Parks Willard

Dobb Johnson Perricone Wojno

Dobronski

Nays--0

In The Chair: DeHart

The House agreed to the title of the bill.

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

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

Reps. Baird, Bankes, Basham, Birkholz, Callahan, Cassis, Cherry, DeHart, Fitzgerald, Goschka, Hammerstrom, Hanley, Jansen, Kelly, Kilpatrick, Mans, McBryde, McNutt, Olshove, Parks, Profit, Richner, Schermesser, Scranton, Thomas, Varga, Vaughn, Voorhees and Willard were named co-sponsors of the bill.

Second Reading of Bills

House Bill No. 5707, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 411a (MCL 750.411a), as amended by 1996 PA 303.

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

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

Rep. LaForge 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. 5707, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 411a (MCL 750.411a), as amended by 1996 PA 303.

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

Roll Call No. 640 Yeas--104

Agee Emerson Johnson Price

Alley Fitzgerald Kaza Profit

Anthony Frank Kelly Prusi

Baade Freeman Kilpatrick Quarles

Baird Gagliardi Kukuk Raczkowski

Bankes Galloway LaForge Richner

Basham Geiger Law Rison

Birkholz Gernaat Leland Rocca

Bobier Gilmer LeTarte Sanborn

Bodem Gire Llewellyn Schauer

Bogardus Godchaux London Schermesser

Brater Goschka Lowe Scott

Brewer Green Mans Scranton

Brown Griffin Martinez Sikkema

Byl Gubow Mathieu Stallworth

Callahan Gustafson McBryde Tesanovich

Cassis Hale McManus Thomas

Cherry Hammerstrom McNutt Varga

Ciaramitaro Hanley Middaugh Vaughn

Crissman Harder Middleton Voorhees

Cropsey Hertel Nye Walberg

Curtis Hood Olshove Wallace

Dalman Horton Owen Wetters

DeHart Jansen Palamara Whyman

DeVuyst Jelinek Parks Willard

Dobb Jellema Perricone Wojno

Nays--0

In The Chair: DeHart

The House agreed to the title of the bill.

The House returned to the consideration of

House Bill No. 5482, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending sections 1311 and 1596 (MCL 380.1311 and 380.1596), section 1311 as amended by 1995 PA 250, and by adding sections 1305 and 1309.

(The bill was considered earlier today, see today's Journal, p. 1482.)

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. 641 Yeas--105

Agee Emerson Johnson Profit

Alley Fitzgerald Kaza Prusi

Anthony Frank Kelly Quarles

Baade Freeman Kilpatrick Raczkowski

Baird Gagliardi Kukuk Richner

Bankes Galloway LaForge Rison

Basham Geiger Law Rocca

Birkholz Gernaat Leland Sanborn

Bobier Gilmer LeTarte Schauer

Bodem Gire Llewellyn Schermesser

Bogardus Godchaux London Schroer

Brater Goschka Lowe Scott

Brewer Green Mans Scranton

Brown Griffin Martinez Sikkema

Byl Gubow McBryde Stallworth

Callahan Gustafson McManus Tesanovich

Cassis Hale McNutt Thomas

Cherry Hammerstrom Middaugh Varga

Ciaramitaro Hanley Middleton Vaughn

Crissman Harder Nye Voorhees

Cropsey Hertel Olshove Walberg

Curtis Hood Owen Wallace

Dalman Horton Palamara Wetters

DeHart Jansen Parks Whyman

DeVuyst Jelinek Perricone Willard

Dobb Jellema Price Wojno

Dobronski

Nays--0

In The Chair: DeHart

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 1976 PA 451, entitled "The revised school code," (MCL 380.1 to 380.1852) by adding sections 1309 and 1310.

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.

Reps. Anthony, Bankes, Bodem, Bogardus, Callahan, DeHart, Dobb, Geiger, Gire, Hanley, Kelly, Kukuk, Law, Martinez, Middaugh, Middleton, Profit, Prusi, Rocca, Scott, Sikkema, Varga, Vaughn and Wojno were named co-sponsors of the bill.

Second Reading of Bills

Senate Bill No. 908, entitled

A bill to make appropriations for the department of community health and certain state purposes related to mental health, public health, and medical services for the fiscal year ending September 30, 1999; to provide for the expenditure of such appropriations; to create funds; to provide for reports; to prescribe the powers and duties of certain local and state agencies and departments; and to provide for disposition of fees and other income received by the various state agencies.

The bill was read a second time.

The question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Appropriations,

Rep. Gustafson demanded the yeas and nays.

The demand was supported.

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, by yeas and nays, as follows:

Roll Call No. 642 Yeas--56

Agee DeHart Kelly Quarles

Alley Dobronski Kilpatrick Rison

Anthony Emerson LaForge Schauer

Baade Frank Leland Schermesser

Baird Freeman Mans Schroer

Basham Gagliardi Martinez Scott

Bogardus Gire Mathieu Stallworth

Brater Griffin Olshove Tesanovich

Brewer Gubow Owen Thomas

Brown Hale Palamara Varga

Callahan Hanley Parks Vaughn

Cherry Harder Price Wallace

Ciaramitaro Hertel Profit Willard

Curtis Hood Prusi Wojno

Nays--49

Bankes Geiger Johnson Middleton

Birkholz Gernaat Kaza Nye

Bobier Gilmer Kukuk Perricone

Bodem Godchaux Law Raczkowski

Byl Goschka LeTarte Richner

Cassis Green Llewellyn Rocca

Crissman Gustafson London Sanborn

Cropsey Hammerstrom Lowe Scranton

Dalman Horton McBryde Sikkema

DeVuyst Jansen McManus Voorhees

Dobb Jelinek McNutt Walberg

Fitzgerald Jellema Middaugh Whyman

Galloway

In The Chair: DeHart

Reps. Palamara and Leland moved to amend the bill as follows:

1. Amend page 16, line 20, by striking out "760,127,900" and inserting "770,127,900".

2. Amend page 17, line 12, by striking out "4,890,758,400" and inserting "4,900,758,400".

3. Amend page 17, line 15, by striking out "2,731,620,400" and inserting "2,736,892,400".

4. Amend page 17, line 21, by striking out "1,231,556,200" and inserting "1,236,284,200" and adjusting the subtotals, totals, and section 201 accordingly.

5. Amend page 103, following line 27, by inserting:

"Sec. 1685. From the funds appropriated in part 1 for nursing home services, $10,000,000.00 is included for the medicaid program's share of increased nursing home staffing costs.".

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

Rep. Martinez moved to amend the bill as follows:

1. Amend page 90, following line 16, by inserting:

"(12) If a qualified health plan designates nurse practitioners or physician's assistants as primary care providers, the qualified health plan shall provide for appropriate physician supervision of the nurse practitioners and the physician's assistants pursuant to article 15 of the public health code, 1978 PA 368, MCL 333.16101 to 333.22260.".

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

Rep. Jansen moved to substitute (H-2) the bill.

The question being on the adoption of the substitute (H-2) offered by Rep. Jansen,

Rep. Jansen demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the substitute (H-2) offered by Rep. Jansen,

The substitute (H-2) was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:

Roll Call No. 643 Yeas--49

Bankes Geiger Johnson Middleton

Birkholz Gernaat Kaza Nye

Bobier Gilmer Kukuk Perricone

Bodem Godchaux Law Raczkowski

Byl Goschka LeTarte Richner

Cassis Green Llewellyn Rocca

Crissman Gustafson London Sanborn

Cropsey Hammerstrom Lowe Scranton

Dalman Horton McBryde Sikkema

DeVuyst Jansen McManus Voorhees

Dobb Jelinek McNutt Walberg

Fitzgerald Jellema Middaugh Whyman

Galloway

Nays--53

Agee DeHart Kelly Rison

Alley Dobronski Kilpatrick Schauer

Anthony Emerson LaForge Schermesser

Baade Frank Leland Schroer

Baird Freeman Mans Scott

Basham Gagliardi Martinez Stallworth

Bogardus Gire Murphy Tesanovich

Brater Gubow Olshove Thomas

Brewer Hale Owen Varga

Brown Hanley Parks Vaughn

Callahan Harder Price Wetters

Cherry Hertel Prusi Willard

Ciaramitaro Hood Quarles Wojno

Curtis

In The Chair: DeHart

Rep. Hale moved to amend the bill as follows:

1. Amend page 75, line 9, by striking out all of section 1602 and inserting:

"Sec. 1602. (1) Except as provided in subsection (2), for care provided to medical services recipients with other third-party sources of payment, medical services reimbursement shall not exceed, in combination with such other resources, including medicare, those amounts established for medical services-only patients. The medical services payment rate shall be accepted as payment in full. Other than an approved medical services co-payment, no portion of a provider's charge shall be billed to the recipient or any person acting on behalf of the recipient. Nothing in this section shall be deemed to affect the level of payment from a third-party source other than the medical services program. The department shall require a nonenrolled provider to accept medical services payments as payment in full.

(2) Notwithstanding subsection (1), medical services reimbursement for hospital services provided to dual medicare/medical services recipients with medicare Part B coverage only shall equal, when combined with payments for medicare and other third-party resources, if any, those amounts established for medical services-only patients, including capital payments.".

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

Rep. Baird moved to amend the bill as follows:

1. Amend page 53, following line 20, by inserting:

"Sec. 609. (1) Subject to subsection (2), if a patient is transferred from a closing hospital or center operated by the department to another hospital or center within 240 days before the closing, the department shall file a report with each house of the legislature by January 15 of the year following the calendar year in which the patient was transferred. The report shall contain all of the following:

(a) The name of the facility to which the patient was transferred.

(b) The location of the facility to which the patient was transferred.

(c) The number of patients or residents in the facility to which the patient was transferred at the time of the transfer.

(d) The total number of patients transferred to that facility from the closing hospital or center.

(e) The total number of patients transferred from the closing hospital or center who received community placements, but whose placement plans noted barriers to community placement.

(2) By January 15, 1999, the department shall file a report with each house of the legislature that contains the information described in subsection (1) regarding all patients released from Clinton Valley Center, Detroit Psychiatric Institute, and the Pheasant Ridge Center within 240 days before each of those facilities closed in calendar year 1997.

(3) As used in this section, "facility" means a hospital licensed or operated by the department, a center operated by the department, or a dependent living setting.".

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

Reps. Price and Ciaramitaro moved to amend the bill as follows:

1. Amend page 58, following line 9, by inserting:

"Sec. 911. The department shall not allow any money appropriated under this act to lapse into the general fund unless all valid claims for reimbursement under section 2475 of the public health code, 1978 PA 368, MCL 333.2475, are paid.".

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

______

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

The motion prevailed.

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

The following is the roll call:

Roll Call No. 644 Yeas--80

Agee Dobb Kaza Price

Alley Dobronski Kelly Profit

Anthony Fitzgerald Kukuk Prusi

Baade Frank LaForge Quarles

Baird Gagliardi Law Raczkowski

Birkholz Galloway Llewellyn Rison

Bodem Geiger London Rocca

Bogardus Gernaat Lowe Sanborn

Brater Gilmer Martinez Schauer

Brown Gire McBryde Schermesser

Byl Goschka McManus Scott

Callahan Green Middaugh Scranton

Cassis Hale Middleton Sikkema

Cherry Hammerstrom Murphy Tesanovich

Ciaramitaro Harder Nye Thomas

Crissman Horton Olshove Voorhees

Curtis Jansen Owen Walberg

Dalman Jelinek Palamara Whyman

DeHart Jellema Parks Willard

DeVuyst Johnson Perricone Wojno

In The Chair: DeHart

Rep. Ciaramitaro moved to amend the bill as follows:

1. Amend page 12, line 17, by striking out "1,117,300" and inserting "1,217,300".

2. Amend page 13, line 4, by striking out "2,762,700" and inserting "2,862,700".

3. Amend page 61, line 18, after "Sec. 1012." by inserting "(1)".

4. Amend page 61, following line 22, by inserting:

"(2) Of the funds appropriated in part 1 for the injury control intervention project, $100,000.00 is allocated for state matching funds for federal traumatic brain injury implementation grants, for which the department may apply.".

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

Rep. Martinez moved to amend the bill as follows:

1. Amend page 16, line 14, by striking out "160,992,800" and inserting "158,262,800.".

2. Amend page 16, line 23, after "services" by striking out "1,290,268,000" and inserting "$1,292,928,000" and adjusting the subtotals, totals, and section 201 accordingly.

3. Amend page 82, following line 2, by inserting:

"Sec. 1616a. From the amount appropriated for inflationary increases in health plan services in section 117, $4,660,000.00 is allocated to the health plans for a pass through of provider rate increases to ensure access to care and adequate provider networks for consumer choice.".

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

Rep. Crissman moved to amend the bill as follows:

1. Amend page 95, following line 8, by inserting:

"Sec. 1655. The department shall conduct a study to develop appropriate performance measures that would be used to evaluate the quality of well women health preventive services such as breast cancer screening.".

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

______

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

The motion prevailed.

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

Rep. Bankes moved to amend the bill as follows:

1. Amend page 80, line 20, after "Sec. 1614." by inserting "(1)".

2. Amend page 80, following line 25, by inserting:

"(2) The primary responsibility of assuring a child's hearing and vision screening is with the child's primary care physician. The primary care physician will provide age appropriate screening or arrange for these tests through referrals to local health departments. Local health departments shall provide preschool hearing and vision screening services and accept referrals for these tests from physicians or from Head Start programs in order to assure all preschool children have appropriate access to hearing and vision screening. Local health departments will be reimbursed for the cost of providing these tests for Medicaid eligible children by the Medicaid program.".

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

Rep. Martinez moved to reconsider the vote by which the House adopted the amendments.

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

Rep. Martinez moved that consideration of the motion be postponed temporarily.

The motion prevailed.

Rep. Bodem moved to amend the bill as follows:

1. Amend page 35, following line 19, by inserting:

"Sec. 311. The department shall make application for funding under the Medicare rural hospital flexibility program for planning, network development, and critical access hospital designation activities.".

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

Rep. Hammerstrom moved to amend the bill as follows:

1. Amend page 103, following line 27, following section 1685, by inserting:

"Sec. 1686. The department shall prepare and make available to health care providers a pamphlet identifying patient rights and responsibilities described in section 20201 of the public health code, 1978 PA 368, MCL 333.20201.".

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

Rep. Sanborn moved to amend the bill as follows:

1. Amend page 103, following line 27, following section 1686, by inserting:

"Sec. 1687. (1) The family independence agency, in conjunction with the department of community health, shall submit a report by March 1, 1999 to the house and senate appropriations subcommittees on the family independence agency budget on the AIDS insurance program. The report shall include, at a minimum, all of the following information:

(a) The number of beneficiaries of the program per year.

(b) Annual costs, including insurance premium payments.

(c) Estimated payments by insurers on behalf of beneficiaries of the program.

(d) Income and asset limitations and other eligibility criteria.

(e) A cost/benefit analysis, if available.

(2) The report required under subsection (1) shall cover the period of time that the program has existed if that information is available.".

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

Rep. Jansen moved to amend the bill as follows:

1. Amend page 95, line 18, by striking out all of section 1657 and inserting:

"Sec. 1657. The department may require beneficiaries to enroll in a long-term care plan if the following requirements are met:

(a) An eligibility screening/enrollment component is in place at community hospitals, in-home for persons who are homebound, as well as at convenient community locations.

(b) The eligibility screening/enrollment counseling service is performed by an entity(s) selected through a request for proposal.

(c) Enrollment counselor services are available to the clients and their families to ensure clients or their legally authorized representatives have the information necessary to make an informed choice of plans, to appropriately access care within the plan, to file grievances with the plan and the state, and to access care out of network if appropriate.

(d) Quality outcome measures and consumer satisfaction measures are developed based on the minimum data sets for home care and nursing home care.

(e) Services offered will include a range of home and community services including adult day care, respite care homemaker, chore, personal care, personal care supervision, personal emergency response systems, community living supports, services in nursing home settings.

(f) There will be 2 long-term care plan contractors in all areas of the state except in areas with sparse population and when the long-term care plan network includes at least 85% of the providers in the region.

(g) Long-term care plans are selected through a request for proposal process that identifies organizations capable of organizing and managing a continuum of services.

(h) The department reviews and approves provider contracts used by the plan to ensure that the plan's risk/incentive arrangements do not provide incentives to withhold appropriate medical services.

(i) The department establishes criteria for the plan's provider network that take into consideration the unique needs of the population to be enrolled and ensure that the network has adequate capacity to provide home and community-based service alternatives and is in place before enrollment beings.

(j) The department establishes requirements for encounter data collection and reporting that ensure the department has the ability to closely monitor care provided to enrollees to assure quality and appropriate access to care.

(k) The department contracts for an independent, external quality review of the services provided through the managed care plans. The protocols used in the review shall be appropriate for the specialized population enrolled in the plan and shall be at least as rigorous as those used by national committee on quality assurance.

(l) The department conducts annual patient satisfaction surveys using statistically valid sampling techniques that focus on this population and a survey tool that is appropriate to the population being surveyed.

(m) The department maintains an exception process that allows clients meeting established medical criteria to be exempt from enrollment in managed care.

(n) The department maintains an expedited grievance process that provides a response to urgent requests within 1 business day.

(o) Eligibility for the long-term plan is based on medicaid financial eligibility criteria and medical/functional determination of necessity to qualify for nursing facility level of care. The initial eligible group would include those person eligible for medicaid now in licensed nursing facilities and those eligible for the medicaid home and community-based waiver. Eligible persons, and their families if incapacitated, in conjunction with the managed care organization and medical caregivers, shall choose their preferred care setting, to live at home, in other home-like settings, or in a skilled nursing facility. Eligible persons will be offered choices by the managed care plan that emphasize the individual's dignity and independence, quality of life, and reflect the principles of person-centered planning.

(p) An area agency on aging may bid for either the eligibility screening/enrollment counseling service contract or the long-term care managed care organization contract. An area agency on aging may continue to provide case management/ care coordination services for non-medicaid-eligible persons with funds appropriated in section 101.

(q) The managed care program for long-term care services shall assure that the services provided are coordinated with those available under the medicare program.

(r) At least 30 days prior to implementation of any long-term managed care program, the department shall conduct public hearings and submit its plan to the senate and house appropriations subcommittees on community health, the appropriate senate and house standing committees, and the senate and house fiscal agencies. The plan shall include a summary of the public comments received by the department regarding the managed care program.".

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

Rep. Jansen demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 645 Yeas--48

Bankes Galloway Johnson Middleton

Birkholz Geiger Kaza Nye

Bobier Gernaat Kukuk Perricone

Bodem Gilmer Law Raczkowski

Byl Godchaux LeTarte Richner

Cassis Green Llewellyn Rocca

Crissman Gustafson London Sanborn

Cropsey Hammerstrom Lowe Scranton

Dalman Horton McBryde Sikkema

DeVuyst Jansen McManus Voorhees

Dobb Jelinek McNutt Walberg

Fitzgerald Jellema Middaugh Whyman

Nays--53

Agee DeHart Kilpatrick Rison

Alley Dobronski LaForge Schauer

Anthony Frank Leland Schermesser

Baade Freeman Martinez Schroer

Baird Gagliardi Murphy Scott

Basham Gire Olshove Stallworth

Bogardus Goschka Owen Tesanovich

Brater Gubow Palamara Thomas

Brewer Hale Parks Varga

Brown Hanley Price Vaughn

Callahan Harder Profit Wetters

Cherry Hood Prusi Willard

Ciaramitaro Kelly Quarles Wojno

Curtis

In The Chair: DeHart

Rep. Jansen moved to amend the bill as follows:

1. Amend page 72, line 22, by striking out all of section 1410.

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

Rep. Jansen demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 646 Yeas--48

Bankes Galloway Johnson Middleton

Birkholz Geiger Kaza Nye

Bobier Gernaat Kukuk Perricone

Bodem Gilmer Law Raczkowski

Byl Godchaux LeTarte Richner

Cassis Green Llewellyn Rocca

Crissman Gustafson London Sanborn

Cropsey Hammerstrom Lowe Scranton

Dalman Horton McBryde Sikkema

DeVuyst Jansen McManus Voorhees

Dobb Jelinek McNutt Walberg

Fitzgerald Jellema Middaugh Whyman

Nays--52

Agee Curtis Kelly Quarles

Alley DeHart Kilpatrick Rison

Anthony Dobronski LaForge Schauer

Baade Emerson Leland Schermesser

Baird Frank Mans Schroer

Basham Freeman Martinez Scott

Bogardus Gagliardi Olshove Stallworth

Brater Gire Owen Tesanovich

Brewer Goschka Palamara Thomas

Brown Gubow Parks Vaughn

Callahan Hale Price Wetters

Cherry Hanley Profit Willard

Ciaramitaro Harder Prusi Wojno

In The Chair: DeHart

Rep. Jansen moved to amend the bill as follows:

1. Amend page 16, line 20, by striking out "760,127,900" and inserting "726,227,900".

2. Amend page 16, line 21, by striking out "169,425,400" and inserting "162,975,400".

3. Amend page 17, line 12, by striking out "4,890,758,400" and inserting "4,850,408,400".

4. Amend page 17, line 15, by striking out "2,731,620,400" and inserting "2,710,347,900".

5. Amend page 17, line 21, by striking out "1,231,556,200" and inserting "1,212,478,700" and adjusting the subtotals, totals, and section 201 accordingly.

6. Amend page 82, line 13, by striking out all of section 1618.

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

Rep. Jansen demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 647 Yeas--43

Bankes Geiger Kaza Perricone

Birkholz Gernaat Kukuk Raczkowski

Byl Gilmer Law Richner

Cassis Godchaux LeTarte Rocca

Crissman Green London Sanborn

Cropsey Gustafson Lowe Scranton

Dalman Hammerstrom McManus Sikkema

DeVuyst Horton McNutt Voorhees

Dobb Jansen Middaugh Walberg

Fitzgerald Jelinek Middleton Whyman

Galloway Jellema Nye

Nays--55

Agee Curtis Kilpatrick Rison

Alley DeHart LaForge Schauer

Anthony Dobronski Leland Schermesser

Baade Emerson Mans Schroer

Baird Frank Martinez Scott

Basham Freeman McBryde Stallworth

Bodem Gagliardi Olshove Tesanovich

Bogardus Gire Owen Thomas

Brater Goschka Palamara Varga

Brewer Gubow Parks Vaughn

Brown Hale Price Wetters

Callahan Hanley Profit Willard

Cherry Harder Prusi Wojno

Ciaramitaro Kelly Quarles

In The Chair: DeHart

Rep. Jansen moved to amend the bill as follows:

1. Amend page 43, line 1, after "Sec. 409." by striking out "(1)".

2. Amend page 43, line 7, by striking out all of subsections (2) through (7).

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

Rep. Jansen moved to amend the bill as follows:

1. Amend page 1, following line 7, by striking out the balance of part 1, and inserting:

"DEPARTMENT OF COMMUNITY HEALTH

Full-time equated unclassified positions 6.0

Full-time equated classified positions 6326.3

Average population 1478.0

GROSS APPROPRIATION 7,647,975,600

Interdepartmental grant revenues:

Total interdepartmental grants and intradepartmental transfers 76,718,700

ADJUSTED GROSS APPROPRIATION 7,571,256,900

Federal revenues:

Total federal revenues 3,705,541,300

Special revenue funds:

Total local revenues 902,401,800

Total private funds 46,284,800

Total local and private revenues 948,686,600

Total other state restricted revenues 293,291,100

State general fund/general purpose 2,623,737,900

Sec. 102. DEPARTMENTWIDE ADMINISTRATION

Full-time equated unclassified positions 6.0

Full-time equated classified positions 489.7

Community health advisory council 28,900

Director and other unclassified FTEs--6.0 FTE positions 540,200

Departmental administration and management--434.4 FTE positions 34,391,900

Contractual services, supplies, and materials 2,954,800

Management information systems--42.8 FTE positions 7,040,700

Administrative hearings--2.5 FTE positions 207,500

Travel and equipment 520,900

Workers' compensation program--1.0 FTE positions 13,277,900

Rent 3,234,300

Building occupancy charges 3,153,300

Developmental disabilities council and projects--9.0 FTE positions 2,259,700

GROSS APPROPRIATION 67,610,100

Appropriated from:

Interdepartmental grant revenues:

Interdepartmental grant from treasury, Michigan state hospital finance authority 91,200

Intradepartmental transfer-automated data processing charges 3,510,400

Federal revenues:

Total federal revenues 13,811,200

Special revenue funds:

Total private revenues 20,800

Total other state restricted revenues 3,270,600

State general fund/general purpose 46,905,900

Sec. 103. EARLY RETIREMENT

Early retirement (9,030,600)

GROSS APPROPRIATION (9,030,600)

Appropriated from:

State general fund/general purpose (9,030,600)

Sec. 104. MENTAL HEALTH/SUBSTANCE ABUSE SERVICES ADMINISTRATION

AND SPECIAL PROJECTS

Full-time equated classified positions 173.2

Consumer involvement program 291,600

Protection and advocacy services support 818,300

Protection and advocacy services support for disabled adults in correctional facilities 500,000

Protection and advocacy services support for disabled children in juvenile detention

facilities 500,000

Protection and advocacy services support for persons with substance abuse disorders

in correctional facilities 900,000

Mental health initiatives for older persons 1,165,800

Mental health/substance abuse program administration--114.2 FTE positions 9,639,600

Gambling addiction 3,000,000

Southwest community partnership 1,997,200

Purchase of psychiatric residency training 3,635,100

Community residential and support services--59.0 FTE positions 8,450,900

Highway safety projects 2,337,200

Program enhancement, evaluation, and data services 1,137,600

Federal and other special projects 7,427,200

GROSS APPROPRIATION 41,800,500

Appropriated from:

Federal revenues:

Total federal revenues 14,787,500

Special revenue funds:

Total private revenues 125,000

Total other state restricted revenues 3,182,300

State general fund/general purpose 23,705,700

Sec. 105. COMMUNITY MENTAL HEALTH/SUBSTANCE ABUSE SERVICES

PROGRAMS

Full-time equated classified positions 14.0

Community mental health programs 1,343,134,800

Respite services 3,000,000

CMHSP-purchase of state services contracts 155,122,400

Omnibus reconciliation act implementation--9.0 FTE positions 11,564,700

Federal mental health block grant--2.0 FTE positions 10,847,000

Civil service charges 2,606,400

Pilot projects in prevention for adults and children--2.0 FTE positions 1,516,200

Homelessness formula grant program--1.0 FTE positions 1,251,800

Chemically-dependent pregnant women and children program 2,100,000

State disability assistance program substance abuse services 6,600,000

Community substance abuse prevention, education and treatment programs 85,440,400

GROSS APPROPRIATION 1,623,183,700

Appropriated from:

Federal revenues:

Total federal revenues 546,584,100

Special revenue funds:

Total other state restricted revenues 6,242,400

State general fund/general purpose 1,070,357,200

Sec. 106. STATE PSYCHIATRIC HOSPITALS, CENTERS FOR PERSONS WITH

DEVELOPMENTAL DISABILITIES, AND FORENSIC AND PRISON MENTAL HEALTH

SERVICES

Total average population 1478.0

Full-time equated classified positions 4731.0

Caro regional mental health center-psychiatric services unit--512.0 FTE positions 30,038,900

Average population 180.0

Kalamazoo psychiatric hospital--402.0 FTE positions 26,325,200

Average population 130.0

Northville psychiatric hospital--860.0 FTE positions 59,815,300

Average population 350.0

Walter P. Reuther psychiatric hospital--460.0 FTE positions 31,201,000

Average population 210.0

Revenue recapture 750,000

IDEA, federal special education 62,000

Special maintenance 659,000

Equipment 300,000

Purchase of medical services for residents of hospitals and centers 2,374,000

Severance pay 1,896,000

Therapeutic work training program 345,600

Gifts and bequests for patient living and treatment environment 2,000,000

Maintenance of property being leased or rented 95,000

Hawthorn center--293.0 FTE positions 19,010,900

Average population 118.0

Mount Pleasant center--510.0 FTE positions 29,801,100

Average population 210.0

Southgate center--256.0 FTE positions 15,928,600

Average population 70.0

Center for forensic psychiatry--477.0 FTE positions 31,521,300

Average population 210.0

Center for forensic psychiatry-outpatient evaluation--40.0 FTE positions 3,201,500

Forensic mental health services provided to the department of corrections--

921.0 FTE positions 65,283,100

Substance abuse treatment services provided to the department of corrections 1,000

GROSS APPROPRIATION 320,609,500

Appropriated from:

Interdepartmental grant revenues:

Interdepartmental grant from the department of corrections 65,284,100

Federal revenues:

Total federal revenues 28,923,100

Special revenue funds:

CMHSP-Purchase of state services contracts 155,122,400

Total local revenues 15,389,000

Private funds 2,000,000

Total other state restricted revenues 15,987,800

State general fund/general purpose 37,903,100

Sec. 107. PUBLIC HEALTH ADMINISTRATION

Full-time equated classified positions 88.3

Executive administration--12.0 FTE positions 915,000

Contractual services, supplies, and materials 39,400

Management information systems--1.0 FTE positions 43,500

Maternal and infant health data and evaluation--2.5 FTE positions 206,500

Minority health grants and contracts 650,000

Office of minority health--2.5 FTE positions 273,400

Vital records and health statistics--70.3 FTE positions 5,400,200

GROSS APPROPRIATION 7,528,000

Appropriated from:

Interdepartmental grant revenues:

Interdepartmental grant from the family independence agency 133,300

Federal revenues:

Total federal revenue 2,719,300

Special revenue funds:

Total other state restricted revenues 1,704,600

State general fund/general purpose 2,970,800

Sec. 108. INFECTIOUS DISEASE CONTROL

Full-time equated classified positions 44.3

AIDS counseling and testing 4,237,600

AIDS education and outreach 3,013,800

AIDS/HIV risk reduction 1,300,000

AIDS program administration--9.8 FTE positions 1,045,700

AIDS referral and care network grants 9,962,700

Immunization local agreements 16,149,100

Immunization program management and field support--7.7 FTE positions 1,849,100

Sexually transmitted disease control local agreements 4,705,700

Sexually transmitted disease control management and field support--26.8 FTE positions 2,678,700

GROSS APPROPRIATION 44,942,400

Appropriated from:

Federal revenues:

Total federal revenues 30,632,400

Special revenue funds:

Local funds 242,700

Private funds 710,000

Total other state restricted revenues 9,785,800

State general fund/general purpose 3,571,500

Sec. 109. LABORATORY SERVICES

Full-time equated classified positions 118.2

Laboratory services administration--98.7 FTE positions 6,525,900

Contractual services, supplies, and materials 1,369,000

EPSDT blood lead screening--6.0 FTE positions 667,700

Newborn screening services--13.5 FTE positions 1,765,700

Lyme disease grant 75,000

GROSS APPROPRIATION 10,403,300

Appropriated from:

Interdepartmental grant revenues:

Interdepartmental grant from corrections 232,600

Interdepartmental grant from environmental quality 379,000

Federal revenues:

Total federal revenues 1,139,700

Special revenue funds:

Total other state restricted revenues 2,467,900

State general fund/general purpose 6,184,100

Sec. 110. EPIDEMIOLOGY

Full-time equated classified positions 31.5

Epidemiology administration--21.1 FTE positions 3,628,000

Tuberculosis control and recalcitrant AIDS program 699,500

AIDS surveillance and prevention program--7.0 FTE positions 2,234,800

Disease surveillance--3.4 FTE positions 368,000

GROSS APPROPRIATION 6,930,300

Appropriated from:

Interdepartmental grant revenues:

Interdepartmental grant from the department of environmental quality 80,600

Total federal revenues 4,873,700

Special revenue funds:

Total other state restricted revenues 81,000

State general fund/general purpose 1,895,000

Sec. 111. LOCAL HEALTH ADMINISTRATION AND GRANTS

Full-time equated classified positions 3.0

Implementation of Act 133 PA 1993 100,000

Indian health care 309,500

Refugee health program 142,300

Rural health grant 168,800

State/local cost sharing 44,700,000

Training and evaluation 320,000

Local health services 142,300

Lead abatement program--3.0 FTE positions 4,900,000

Medical services cost reimbursement to local health departments 1,800,000

GROSS APPROPRIATION 52,582,900

Appropriated from:

Federal revenues:

Total federal revenues 6,855,500

Special revenue funds:

Total other state restricted revenues 243,500

State general fund/general purpose 45,483,900

Sec. 112. CHRONIC DISEASE AND INJURY PREVENTION AND HEALTH

PROMOTION

Full-time equated classified positions 33.7

AIDS and risk reduction clearinghouse and media campaign 1,700,000

Alzheimer's information network 150,000

Cancer prevention and control program--13.6 FTE positions 13,393,700

Chronic disease prevention 1,496,800

Diabetes local agreements 3,609,900

Employee wellness program grants (includes $50.00 per diem and expenses for the risk

reduction and AIDS policy commission) 4,250,000

Health education, promotion, and research programs--11.9 FTE positions 2,159,400

Injury control intervention project 1,117,300

Physical fitness, nutrition, and health 1,250,000

Public health traffic safety coordination 152,600

School health curriculum 2,000,000

School health education project 80,000

Smoking prevention program--6.2 FTE positions 7,176,700

Violence prevention--2.0 FTE positions 2,846,600

GROSS APPROPRIATION 41,383,000

Appropriated from:

Federal revenues:

Total federal funds 12,029,700

Special revenue funds:

Total other state restricted revenues 26,582,400

State general fund/general purpose 2,770,900

Sec. 113. COMMUNITY LIVING, CHILDREN, AND FAMILIES

Full-time equated classified positions 119.8

Adolescent health care services 2,892,300

Dental programs 260,400

Dental program for persons with developmental disabilities 151,000

Family planning local agreements 7,392,600

Lead paint program 491,800

Local MCH services 1,271,200

Maternity, infant, and children's health care local agreements 7,083,000

Migrant health care 166,100

Pregnancy prevention program 7,996,100

Prenatal care community demonstration projects 58,200

Prenatal care outreach and service delivery support 7,929,700

Sudden infant death syndrome program 121,300

Women, infants, and children program local agreements and food costs 145,679,200

Community living, children and families administration--114.3 FTE positions 7,531,900

Contractual services, supplies, and materials 1,987,400

Automated data processing 3,730,000

Special projects--5.5 FTE positions 3,471,400

Family support subsidy 24,014,400

Maternal and child health outreach and advocacy 6,200,000

Pediatric AIDS prevention and control 800,000

Follow-up and treatment services for newborn screening 1,729,400

Young children 2,000,000

GROSS APPROPRIATION 232,957,400

Appropriated from:

Interdepartmental grant revenues:

Interdepartmental grant from family independence agency 7,007,500

Federal revenues:

Total federal revenue 139,650,400

Special revenue funds:

Private funds 41,954,000

Total other state restricted revenues 7,972,200

State general fund/general purpose 36,373,300

Sec. 114. CHILDREN's SPECIAL HEALTH CARE SERVICES

Full-time equated classified positions 66.6

Program administration--66.6 FTE positions 4,178,800

Contractual services, supplies, and materials 804,400

Amputee program 184,600

Bequests for care and services 1,104,600

Case management services 3,923,500

Conveyor contract 559,100

Medical care and treatment 117,433,700

GROSS APPROPRIATION 128,188,700

Appropriated from:

Federal revenues:

Total federal revenue 57,934,300

Special revenue funds:

Private - bequests 750,000

Total other state restricted revenues 3,898,500

State general fund/general purpose 65,605,900

Sec. 115. OFFICE OF DRUG POLICY CONTROL

Full-time equated classified positions 15.0

Drug control policy--15.0 FTE positions 1,533,900

Anti-drug abuse grants 33,400,000

GROSS APPROPRIATION 34,933,900

Appropriated from:

Federal revenues:

Total federal revenue 34,760,200

State general fund/general purpose 173,700

Sec. 116. MEDICAL SERVICES ADMINISTRATION

Full-time equated classified positions 352.5

Salaries and wages--352.5 FTE positions 20,224,900

Contractual services, supplies, and materials 19,661,600

Travel and equipment 193,200

Data processing contractual services 100

Facility inspection contract - state police 132,800

Michigan essential health care provider 1,229,100

Primary care services 2,240,600

MIChild Administration 3,327,800

GROSS APPROPRIATION 47,010,100

Appropriated from:

Federal revenues:

Total federal revenues 30,177,100

Special revenue funds:

Private 100,000

Total other state restricted revenues 752,600

State general fund/general purpose 15,980,400

Sec. 117. MEDICAL SERVICES

Hospital services and therapy 700,381,800

Hospital disproportionate share payments 45,000,000

Physician services 160,992,800

Medicare premium payments 104,372,400

Pharmaceutical services 206,054,400

Home health services 35,439,700

Transportation 4,358,900

Auxiliary medical services 56,199,700

Nursing home services 760,127,900

Chronic care units and county medical care facilities 169,425,400

Substance abuse services 16,829,200

Health plan services 1,290,268,000

Personal care services--adult foster care 19,324,900

Personal care services--in home services 5,665,000

Maternal and child health 9,234,500

Adult home help 142,633,600

Social services to the physically disabled 1,344,900

MIChild program 58,567,100

MIChild Outreach 3,327,800

Medicaid Outreach 5,000,000

Subtotal basic medical services program 3,794,548,000

Outpatient hospital adjustor 44,012,800

Indigent medical care program 24,048,200

Special adjustor payments 885,367,100

School based services 142,782,300

Subtotal special medical services payments 1,096,210,400

GROSS APPROPRIATION 4,890,758,400

Appropriated from:

Federal revenues:

Total federal revenues 2,731,620,400

Special revenue funds:

Total local 731,647,700

Total private 500,000

Tobacco company litigation fund 50,000

Total other state restricted revenues 195,384,100

State general fund/general purpose 1,231,556,200

Sec. 118. OFFICE OF SERVICES TO THE AGING

Full-time equated classified positions 36.5

Commission (per diem $50.00) 10,500

Office of services to aging administration--36.5 FTE positions 3,641,400

Community services 32,923,400

Nutrition services 28,185,700

Senior volunteer services 5,120,800

Senior citizen centers staffing and equipment 1,140,700

Employment assistance 2,632,700

DAG commodity supplement 6,978,800

Michigan pharmaceutical program 6,000,000

Respite care program 3,500,000

GROSS APPROPRIATION 90,134,000

Appropriated from:

Federal funds

Total federal revenues 39,171,400

Special revenue funds:

Total private revenues 125,000

Total other state restricted revenues 10,000,700

State general fund/general purpose 40,836,900

Sec. 119. CRIME VICTIMS SERVICES COMMISSION

Full-time equated classified positions 9.0

Grants administration services--9.0 FTE positions 775,400

Justice assistance grants 9,000,000

Crime victims rights services grants 6,274,600

GROSS APPROPRIATION 16,050,000

Appropriated from:

Federal revenues:

Total federal revenues 9,871,300

Special revenue funds:

Total other state restricted revenues 5,684,700

State general fund/general purpose 494,000".

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

Rep. Jansen demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 648 Yeas--44

Bankes Geiger Kaza Nye

Birkholz Gernaat Kukuk Perricone

Byl Gilmer Law Raczkowski

Cassis Godchaux LeTarte Richner

Crissman Green Llewellyn Rocca

Cropsey Gustafson London Sanborn

Dalman Hammerstrom Lowe Scranton

DeVuyst Horton McBryde Sikkema

Dobb Jansen McManus Voorhees

Fitzgerald Jelinek Middaugh Walberg

Galloway Jellema Middleton Whyman

Nays--56

Agee Curtis Kilpatrick Quarles

Alley DeHart LaForge Rison

Anthony Dobronski Leland Schauer

Baade Emerson Mans Schermesser

Baird Frank Martinez Schroer

Basham Freeman McNutt Scott

Bodem Gagliardi Murphy Stallworth

Bogardus Gire Olshove Tesanovich

Brater Goschka Owen Thomas

Brewer Gubow Palamara Varga

Brown Hale Parks Vaughn

Callahan Hanley Price Wetters

Cherry Harder Profit Willard

Ciaramitaro Kelly Prusi Wojno

In The Chair: DeHart

Rep. Jansen moved to amend the bill as follows:

1. Amend page 16, line 20, by striking out "760,127,900" and inserting "796,877,900".

2. Amend page 17, line 12, by striking out "4,890,758,400" and inserting "4,927,508,400".

3. Amend page 17, line 15, by striking out "2,731,620,400" and inserting "2,750,995,000".

4. Amend page 17, line 21, by striking out "1,231,556,200" and inserting "1,248,931,600" and adjusting the subtotals, totals, and section 201 accordingly.

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

Rep. Jansen demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 649 Yeas--48

Bankes Galloway Jellema Middleton

Birkholz Geiger Johnson Nye

Bobier Gernaat Kaza Perricone

Bodem Gilmer Kukuk Raczkowski

Byl Godchaux Law Richner

Cassis Goschka LeTarte Rocca

Crissman Green Llewellyn Sanborn

Cropsey Gustafson London Scranton

Dalman Hammerstrom McBryde Sikkema

DeVuyst Horton McManus Voorhees

Dobb Jansen McNutt Walberg

Fitzgerald Jelinek Middaugh Whyman

Nays--52

Agee Curtis LaForge Quarles

Alley DeHart Leland Rison

Anthony Dobronski Lowe Schauer

Baade Emerson Mans Schermesser

Baird Frank Martinez Scott

Basham Freeman Murphy Stallworth

Bogardus Gagliardi Olshove Tesanovich

Brater Gubow Owen Thomas

Brewer Hale Palamara Varga

Brown Hanley Parks Vaughn

Callahan Harder Price Wetters

Cherry Kelly Profit Willard

Ciaramitaro Kilpatrick Prusi Wojno

In The Chair: DeHart

Rep. Thomas moved to amend the bill as follows:

1. Amend page 58, following line 19, by inserting:

"(3) Any excess funds not authorized or allocated in the cancer prevention and control line item in part 1, shall be utilized for prostate cancer prevention programs.".

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

Rep. Quarles moved to amend the bill as follows:

1. Amend page 61, line 14, after the first "program" by inserting "targeting women and high school health education".

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

Rep. Hammerstrom moved to amend the bill as follows:

1. Amend page 69, following line 8, by inserting:

"Sec. 1204. Children participating in the children's special health care services program may choose to participate in the managed care plan for the program in fiscal year 1998-99.".

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

Reps. Bankes and Martinez moved to amend the bill as follows:

1. Amend page 80, line 20, after "Sec. 1614." by inserting "(1)".

2. Amend page 80, following line 25, by inserting:

"(2) The primary responsibility of assuring a child's hearing and vision screening is with the child's primary care provider. The primary care provider will provide age appropriate screening or arrange for these tests through referrals to local health departments. Local health departments shall provide preschool hearing and vision screening services and accept referrals for these tests from physicians or from Head Start programs in order to assure all preschool children have appropriate access to hearing and vision screening. Local health departments will be reimbursed for the cost of providing these tests for Medicaid eligible children by the Medicaid program.".

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

Rep. Scranton moved to amend the bill as follows:

1. Amend page 92, line 12, after "Sec. 1642." by striking out all of subsection (1) and inserting:

"(1) The department shall require the enrollment contractor to provide beneficiary services. These services shall include:

(a) Contacting eligible Medicaid beneficiaries.

(b) Providing education on managed care.

(c) Providing information through a toll-free number regarding available health plans and their primary care providers available in the Medicaid beneficiaries area.

(d) Entering the beneficiaries health plan choice in the information system for communication to the state and the health plan, written notification to the beneficiary regarding their health plan choice and notice of their right to change plans consistent with federal guidelines.

(e) Guiding beneficiaries through both health plan and state complaint and fair hearing processes, including helping the beneficiary fill out required forms.

(f) Being available to attend a hearing with a beneficiary if requested by the beneficiary to provide objective information regarding events that have occurred pertinent to the beneficiary.".

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

Rep. Horton moved to amend the bill as follows:

1. Amend page 96, line 10, after "management" by inserting a comma and "including neonatal and infant pain management,".

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

______

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

Rep. Voorhees moved that Rep. DeVuyst be excused temporarily from today's session.

The motion prevailed.

Rep. Godchaux moved to amend the bill as follows:

1. Amend page 96, line 12, by striking out all of section 1662 and inserting:

"Sec. 1662. (1) The department shall include provision in the contracts with health plans for full responsibility for well child visits and maternal and infant support services as described in Medicaid policy. This responsibility will also be included in the information distributed by the health plans to the members.

(2) The department shall require reporting from the health plans on their performance in the delivery services for well child visits and referrals for maternal and infant support services.

(3) The department shall develop a method of providing budget neutral incentives for health plans that demonstrate improved performance in the delivery of immunizations, well child services, and maternal and infant support programs. The department shall communicate the state's expectation that a continuous improvement is expected in the performance of these services.

(4) The department shall revise appropriate standards of care used for well child visits based upon recognized national authorities of care, such as the American academy of pediatrics.".

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

Rep. Godchaux demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 650 Yeas--80

Agee DeHart Jelinek Owen

Anthony Dobb Jellema Palamara

Baade Dobronski Johnson Perricone

Baird Fitzgerald Kaza Price

Bankes Frank Kukuk Profit

Basham Freeman LaForge Prusi

Birkholz Gagliardi Law Raczkowski

Bobier Galloway LeTarte Richner

Bodem Geiger Llewellyn Rocca

Bogardus Gernaat London Sanborn

Brater Gilmer Lowe Schauer

Brewer Godchaux Mans Schermesser

Brown Goschka Martinez Schroer

Byl Green McBryde Scranton

Callahan Gustafson McManus Sikkema

Cassis Hammerstrom McNutt Tesanovich

Crissman Hanley Middaugh Voorhees

Cropsey Harder Middleton Walberg

Curtis Horton Nye Whyman

Dalman Jansen Olshove Wojno

Nays--19

Alley Hale Parks Thomas

Cherry Kelly Quarles Varga

Ciaramitaro Kilpatrick Rison Vaughn

Gire Leland Scott Willard

Gubow Murphy Stallworth

In The Chair: DeHart

The question being on the motion made previously by Rep. Martinez to reconsider the vote by which the House adopted the amendments offered previously by Rep. Bankes,

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

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

Rep. Bankes withdrew the amendments.

Rep. London moved to amend the bill as follows:

1. Amend page 90, line 17, by striking out all of section 1638 and inserting:

"Sec. 1638. The department shall contract with external organizations for the independent review of the delivery of health plan services. Such reviews shall include the on-site sampling of medical records and other data to determine the quality of care that is provided to Medicaid beneficiaries. The review shall include a focus on well child and other preventive services.".

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

Rep. London demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 651 Yeas--53

Bankes Galloway Johnson Nye

Birkholz Geiger Kaza Olshove

Bobier Gernaat Kukuk Perricone

Bodem Gilmer Law Raczkowski

Brewer Godchaux LeTarte Richner

Brown Goschka Llewellyn Rocca

Byl Green London Sanborn

Cassis Gustafson Lowe Scranton

Crissman Hammerstrom McBryde Sikkema

Cropsey Horton McManus Voorhees

Dalman Jansen McNutt Walberg

DeVuyst Jelinek Middaugh Whyman

Dobb Jellema Middleton Wojno

Fitzgerald

Nays--46

Agee DeHart Kilpatrick Prusi

Alley Dobronski LaForge Rison

Anthony Emerson Leland Schauer

Baade Frank Mans Schermesser

Baird Freeman Martinez Scott

Basham Gagliardi Murphy Stallworth

Bogardus Gire Owen Tesanovich

Brater Gubow Palamara Thomas

Callahan Hale Parks Varga

Cherry Hanley Price Vaughn

Ciaramitaro Harder Profit Willard

Curtis Kelly

In The Chair: DeHart

Rep. Jellema moved to amend the bill as follows:

1. Amend page 54, following line 4, by inserting:

"Sec. 702. Before January 1, 1999, the department shall submit to the house and senate appropriations subcommittees on community health a report on all of the following:

(a) The adequacy of staffing levels for both the certificate of need application review staff and the certificate of need commission administrative support staff.

(b) The cost effectiveness of the certificate of need program.".

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

Rep. Jansen moved to amend the bill as follows:

1. Amend page 6, line 10, by striking out "4748.0" and inserting "4761.0".

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

"Closed site, and transition costs--13.0 FTE positions 1,555.000".

3. Amend page 7, line 23, by striking out "318,477,900" and inserting "320,032,900".

4. Amend page 8, line 8, by striking out "37,477,400" and inserting "39,032,400" and adjusting the subtotals, totals, and section 201 accordingly.

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

Rep. Jansen demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 652 Yeas--48

Bankes Galloway Jellema Middleton

Birkholz Geiger Johnson Nye

Bobier Gernaat Kukuk Perricone

Bodem Gilmer Law Raczkowski

Byl Godchaux LeTarte Richner

Cassis Goschka Llewellyn Rocca

Crissman Green London Sanborn

Cropsey Gustafson Lowe Scranton

Dalman Hammerstrom McBryde Sikkema

DeVuyst Horton McManus Voorhees

Dobb Jansen McNutt Walberg

Fitzgerald Jelinek Middaugh Whyman

Nays--51

Agee Curtis Kilpatrick Quarles

Alley DeHart LaForge Rison

Anthony Dobronski Leland Schauer

Baade Frank Mans Schermesser

Baird Freeman Martinez Scott

Basham Gagliardi Murphy Stallworth

Bogardus Gire Olshove Tesanovich

Brater Gubow Owen Thomas

Brewer Hale Palamara Varga

Brown Hanley Parks Vaughn

Callahan Harder Price Willard

Cherry Kaza Profit Wojno

Ciaramitaro Kelly Prusi

In The Chair: DeHart

Rep. McNutt moved to amend the bill as follows:

1. Amend page 54, following line 4, following section 702, by inserting:

"Sec. 703. When the department and a local public health department enter into and sign a contract, a representative from both parties must be present at the negotiation of the contract.".

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

Rep. McNutt moved to reconsider the vote by which the House did not adopt the amendment.

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

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

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

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

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

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

Rep. McBryde demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 653 Yeas--38

Birkholz Godchaux LeTarte Raczkowski

Byl Green Llewellyn Richner

Cassis Gustafson London Rocca

Crissman Hammerstrom McManus Sanborn

Cropsey Horton McNutt Scranton

DeVuyst Jansen Middaugh Sikkema

Fitzgerald Jelinek Middleton Voorhees

Galloway Kaza Nye Walberg

Geiger Kukuk Perricone Whyman

Gernaat Law

Nays--60

Agee Curtis Kelly Prusi

Alley Dalman Kilpatrick Quarles

Anthony DeHart LaForge Rison

Baade Dobb Leland Schauer

Baird Dobronski Lowe Schermesser

Bankes Emerson Mans Schroer

Basham Frank Martinez Scott

Bodem Freeman McBryde Stallworth

Bogardus Gagliardi Murphy Tesanovich

Brater Gilmer Olshove Thomas

Brewer Goschka Owen Varga

Brown Gubow Palamara Vaughn

Callahan Hale Parks Wetters

Cherry Hanley Price Willard

Ciaramitaro Harder Profit Wojno

In The Chair: DeHart

Rep. Hammerstrom moved to amend the bill as follows:

1. Amend page 103, following line 27, following section 1687, by inserting:

"Sec. 1688. To assure ongoing involvement of families in the policy development and health care services plan provided by kids care of Michigan, the managed care program for children's special health care services, the key administrative role of "family-centered care coordinator" shall be filled by a consumer or by a parent of a child in the children's special health care services plan who is enrolled in the kids care of Michigan health plan. In addition, 1/3 of the governing board and 50% of the member services staff for this plan shall be children's special health care services consumers.".

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

Rep. Richner moved to amend the bill as follows:

1. Amend page 79, line 7, after "provider." by inserting "Beneficiaries eligible for managed care that do not elect to enroll a child may be assigned to a managed care provider. The department may require managed care eligible beneficiaries to enroll consistent with federal guidelines.".

2. Amend page 80, following line 5, by inserting:

"(5) The enrollment contractor will provide ongoing training to enrollment counselors and field staff to assure a uniform understanding of the medical exception process for managed care.".

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

Rep. Richner demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 654 Yeas--47

Bankes Geiger Kaza Nye

Birkholz Gernaat Kukuk Perricone

Bobier Gilmer Law Raczkowski

Byl Godchaux LeTarte Richner

Cassis Green Llewellyn Rocca

Crissman Gustafson London Sanborn

Cropsey Hammerstrom Lowe Scranton

Dalman Horton McBryde Sikkema

DeVuyst Jansen McManus Voorhees

Dobb Jelinek McNutt Walberg

Fitzgerald Jellema Middaugh Whyman

Galloway Johnson Middleton

Nays--53

Agee Curtis Kelly Rison

Alley DeHart Kilpatrick Schauer

Anthony Dobronski LaForge Schermesser

Baade Emerson Leland Schroer

Baird Frank Mans Scott

Basham Freeman Martinez Stallworth

Bodem Gagliardi Murphy Tesanovich

Bogardus Gire Owen Thomas

Brater Goschka Palamara Varga

Brewer Gubow Parks Vaughn

Brown Hale Price Wallace

Callahan Hanley Prusi Willard

Cherry Harder Quarles Wojno

Ciaramitaro

In The Chair: DeHart

Rep. Gagliardi 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

Rep. Gagliardi moved that Rule 49 be suspended.

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

Senate Bill No. 908, entitled

A bill to make appropriations for the department of community health and certain state purposes related to mental health, public health, and medical services for the fiscal year ending September 30, 1999; to provide for the expenditure of such appropriations; to create funds; to provide for reports; to prescribe the powers and duties of certain local and state agencies and departments; and to provide for disposition of fees and other income received by the various state agencies.

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

Roll Call No. 655 Yeas--58

Agee DeHart Kilpatrick Rison

Alley Dobronski LaForge Schauer

Anthony Emerson Leland Schermesser

Baade Frank Mans Schroer

Baird Freeman Martinez Scott

Basham Gagliardi Mathieu Stallworth

Bodem Gire Olshove Tesanovich

Bogardus Goschka Owen Thomas

Brater Gubow Palamara Varga

Brewer Hale Parks Vaughn

Brown Hanley Price Wallace

Callahan Harder Profit Wetters

Cherry Hertel Prusi Willard

Ciaramitaro Hood Quarles Wojno

Curtis Kelly

Nays--47

Bankes Geiger Kaza Nye

Birkholz Gernaat Kukuk Perricone

Bobier Gilmer Law Raczkowski

Byl Godchaux LeTarte Richner

Cassis Green Llewellyn Rocca

Crissman Gustafson London Sanborn

Cropsey Hammerstrom Lowe Scranton

Dalman Horton McBryde Sikkema

DeVuyst Jansen McManus Voorhees

Dobb Jelinek McNutt Walberg

Fitzgerald Jellema Middaugh Whyman

Galloway Johnson Middleton

In The Chair: DeHart

The House agreed to the title of the bill.

______

Acting Speaker Hanley assumed the Chair.

Second Reading of Bills

Senate Bill No. 910, entitled

A bill to make appropriations for the department of education and certain other purposes relating to education for the fiscal year ending September 30, 1999; to provide for the expenditure of the appropriations; to prescribe the powers and duties of certain state departments, school districts, and other governmental bodies; and to provide for the disposition of fees and other income received by certain legal entities and state agencies.

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. Hammerstrom moved to amend the bill as follows:

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

"Sec. 220. (1) From the amount appropriated in part 1, the department shall establish an office for safe schools within the department. The office for safe schools shall work with local school boards, law enforcement agencies, community leaders, and other state departments and agencies for the prevention of school violence. The office for safe schools shall develop and implement, and serve as coordinator of, a statewide clearinghouse for information, program development, model programs and policies, and technical assistance on school violence prevention.

(2) To accomplish its functions under this section, the office for safe schools shall do all of the following:

(a) Evaluate the effectiveness of, and make recommendations to local school boards concerning, public school violence prevention programs, including but not limited to programs aimed at reducing the possession of weapons and the incidence of other violent behaviors on school campuses, violence prevention curricula, conflict resolution and peer mediation training, interagency cooperative referral and treatment programs, parental involvement programs, and school safety planning.

(b) Develop and distribute to local school boards a model memorandum of understanding with local law enforcement officials and appropriate state agencies to facilitate reporting of incidents affecting school safety that should appropriately be reported to law enforcement officials and provide technical assistance as requested for implementation of the memorandum of understanding and procedures to be followed.

(c) Provide public education on, and coordinate a process for, school violence prevention and crime awareness, intervention, prevention, and treatment. The public education shall include, but is not limited to, presentations to pupils, school personnel, civic groups, and other organizations and agencies.

(d) In consultation with appropriate organizations, develop and distribute to school districts and public school academies a model code of conduct for pupils.

(e) Coordinate with the office of drug control policy in the department of community health to ensure that there is a meaningful linkage between the efforts under this act to provide safe schools and the initiatives undertaken through that office, including, but not limited to, school districts' safe and drug-free school plans, and to facilitate timely applications for and distribution of available grant money.

(f) Survey public schools around the nation to identify public schools that require or otherwise use school uniforms or strict dress codes for students, identify the best practices for school uniforms or strict dress codes, and provide information to school districts and public school academies on best practices for school uniforms and school dress codes.

(g) Identify the best practices in this state among peer mediation and other conflict resolution programs for pupils and provide information to school districts and public school academies on these best practices.

(h) Work with teacher preparation institutions to encourage training for prospective teachers in classroom management, conflict resolution, and disciplinary techniques.".

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

______

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

The motion prevailed.

Rep. Dobb moved to amend the bill as follows:

1. Amend page 37, line 7, by striking out all of lines 7 through 9.

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

Rep. Dobb demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 656 Yeas--45

Bankes Galloway Jellema Middleton

Birkholz Geiger Kaza Nye

Bobier Gernaat Kukuk Perricone

Bodem Gilmer LeTarte Raczkowski

Byl Godchaux Llewellyn Richner

Cassis Goschka London Sanborn

Crissman Green Lowe Scranton

Cropsey Gustafson McBryde Sikkema

Dalman Hammerstrom McManus Voorhees

DeVuyst Horton McNutt Walberg

Dobb Jansen Middaugh Whyman

Fitzgerald

Nays--55

Agee DeHart LaForge Schauer

Alley Dobronski Leland Schermesser

Anthony Emerson Mans Schroer

Baade Frank Martinez Scott

Baird Freeman Mathieu Stallworth

Basham Gagliardi Murphy Tesanovich

Bogardus Gire Olshove Thomas

Brater Hale Palamara Varga

Brewer Hanley Parks Vaughn

Brown Harder Price Wallace

Callahan Hood Profit Wetters

Cherry Jelinek Prusi Willard

Ciaramitaro Kelly Quarles Wojno

Curtis Kilpatrick Rocca

In The Chair: Hanley

Rep. Gire moved to amend the bill as follows:

1. Amend page 24, line 14, after the first "of" by striking out "high school proficiency" and inserting "Michigan educational assessment program high school".

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

______

Acting Speaker DeHart assumed the Chair.

Rep. LeTarte moved to amend the bill as follows:

1. Amend page 36, line 17, after "July 1," by striking out "1998" and inserting "1999".

2. Amend page 36, line 19, after "September 1," by striking out "1998" and inserting "1999".

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

Rep. Kelly moved to amend the bill as follows:

1. Amend page 21, following line 12, following section 220, by inserting:

"Sec. 221. (1) In the expenditure of funds appropriated under this act, the department shall take all reasonable steps to ensure that businesses in deprived and depressed communities are given the opportunity to compete for and perform contracts to provide services or supplies, or both, for the department.

(2) The department shall strongly encourage firms with which the department contracts to subcontract with businesses in depressed and deprived communities for services or supplies, or both.".

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

Rep. Cropsey moved to amend the bill as follows:

1. Amend page 21, following line 12, following section 221, by inserting:

"Sec. 222. Not later than the 1999-2000 school year, the department shall require the mathematics standards contained in the Michigan curriculum framework to be replaced with standards that are identical or similar to the standards adopted by the California board of education.".

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. 657 Yeas--39

Birkholz Gernaat Kukuk Perricone

Bodem Godchaux Llewellyn Raczkowski

Brewer Goschka London Rocca

Byl Green Lowe Sanborn

Cropsey Gustafson McBryde Scranton

Dalman Horton McManus Sikkema

DeVuyst Jansen McNutt Voorhees

Dobb Jellema Middaugh Walberg

Galloway Johnson Middleton Whyman

Geiger Kaza Nye

Nays--60

Agee Curtis Kilpatrick Prusi

Alley DeHart LaForge Quarles

Anthony Dobronski Law Richner

Baade Emerson Leland Schauer

Baird Fitzgerald LeTarte Schermesser

Bankes Frank Mans Schroer

Basham Gilmer Martinez Scott

Bogardus Gire Mathieu Stallworth

Brater Hale Murphy Tesanovich

Brown Hammerstrom Olshove Thomas

Callahan Hanley Owen Varga

Cassis Harder Palamara Vaughn

Cherry Hood Parks Wallace

Ciaramitaro Jelinek Price Wetters

Crissman Kelly Profit Wojno

In The Chair: DeHart

Rep. Emerson moved to amend the bill as follows:

1. Amend page 11, following line 19, by inserting:

"Fast track program 300,000".

2. Amend page 13, line 9, by striking out "19,631,000" and inserting "19,931,000" and adjusting the subtotals, totals, and section 201 accordingly.

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

Rep. McNutt moved to amend the bill as follows:

1. Amend page 24, following line 18, by inserting:

"Sec. 503. The department shall offer the Michigan education assessment program high school test on the supplemental count day, as defined in section 6 of the state school aid act of 1979, 1979 PA 94, MCL 388.1606.".

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. 658 Yeas--7

Byl Dalman Kaza McNutt

Cropsey Green Llewellyn

Nays--94

Agee Fitzgerald Kukuk Raczkowski

Alley Frank LaForge Richner

Anthony Freeman Law Rison

Baade Gagliardi Leland Rocca

Baird Galloway LeTarte Sanborn

Bankes Geiger London Schauer

Basham Gernaat Lowe Schermesser

Birkholz Gilmer Mans Schroer

Bobier Gire Martinez Scott

Bodem Godchaux Mathieu Scranton

Bogardus Goschka McBryde Sikkema

Brater Gustafson McManus Stallworth

Brewer Hale Middaugh Tesanovich

Brown Hammerstrom Middleton Thomas

Callahan Hanley Murphy Varga

Cassis Harder Nye Vaughn

Cherry Hood Owen Voorhees

Ciaramitaro Horton Palamara Walberg

Crissman Jansen Parks Wallace

Curtis Jelinek Perricone Wetters

DeHart Jellema Price Whyman

DeVuyst Johnson Profit Willard

Dobb Kelly Prusi Wojno

Dobronski Kilpatrick

In The Chair: DeHart

Rep. Gagliardi 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

Rep. Gagliardi moved that Rule 49 be suspended.

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

Senate Bill No. 910, entitled

A bill to make appropriations for the department of education and certain other purposes relating to education for the fiscal year ending September 30, 1999; to provide for the expenditure of the appropriations; to prescribe the powers and duties of certain state departments, school districts, and other governmental bodies; and to provide for the disposition of fees and other income received by certain legal entities and state agencies.

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

Roll Call No. 659 Yeas--87

Agee Dobb Kilpatrick Quarles

Alley Dobronski Kukuk Raczkowski

Anthony Frank LaForge Richner

Baade Freeman Law Rison

Baird Gagliardi Leland Rocca

Bankes Galloway LeTarte Sanborn

Basham Geiger Mans Schauer

Birkholz Gernaat Martinez Schermesser

Bobier Gilmer Mathieu Schroer

Bodem Gire McBryde Scott

Bogardus Godchaux McManus Scranton

Brater Goschka McNutt Stallworth

Brewer Gubow Middaugh Tesanovich

Brown Gustafson Middleton Thomas

Byl Hale Murphy Varga

Callahan Hanley Olshove Vaughn

Cassis Harder Owen Voorhees

Cherry Hertel Palamara Wallace

Curtis Hood Parks Wetters

Dalman Jelinek Price Willard

DeHart Jellema Profit Wojno

DeVuyst Kelly Prusi

Nays--17

Crissman Horton Llewellyn Perricone

Cropsey Jansen London Sikkema

Fitzgerald Johnson Lowe Walberg

Green Kaza Nye Whyman

Hammerstrom

In The Chair: DeHart

The House agreed to the title of the bill.

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

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

Notices

I hereby give notice that on the next legislative session day I will move to discharge the Committee on Tax Policy from further consideration of House Bill No. 4710.

Rep. Cassis

By unanimous consent the House returned to the order of

Second Reading of Bills

House Bill No. 5719, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding part 716.

Was read a second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Conservation, Environment and Recreation,

The substitute (H-2) was adopted, a majority of the members serving voting therefor.

Rep. McNutt moved to amend the bill as follows:

1. Amend page 10, following line 25, by inserting:

"(5) IN MAKING FINAL GRANT AWARDS, IF A PROJECT IS DETERMINED TO BE ELIGIBLE FOR RECOMMENDATION AND THE NEEDS AT THE LOCATION OF THE PROJECT INCLUDE THE INSTALLATION OR UPGRADE OF DRINKING WATER SYSTEMS OR RESTROOM FACILITIES, THE GRANT AWARD FOR THE PROJECT SHALL FIRST BE USED FOR SUCH UPGRADES AT THAT PROJECT LOCATION.".

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

Rep. McNutt moved to reconsider the vote by which the House adopted the amendment.

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

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

Rep. McNutt withdrew the amendment.

Rep. McNutt moved to amend the bill as follows:

1. Amend page 10, following line 25, by inserting:

"(5) IF A PROJECT IS DETERMINED TO BE ELIGIBLE FOR A GRANT AND THE NEEDS AT THE LOCATION OF THE PROJECT INCLUDE THE UPGRADE OF DRINKING WATER SYSTEMS OR REST ROOM FACILITIES, THE GRANT AWARD FOR THE PROJECT SHALL FIRST BE USED FOR SUCH UPGRADES AT THAT PROJECT LOCATION.".

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

Reps. Richner and Middaugh moved to amend the bill as follows:

1. Amend page 3, line 16, after "PLAYGROUNDS," by inserting "SKATING RINKS, TOBOGGAN RUNS, SLEDDING HILLS,".

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

Rep. Brown moved to amend the bill as follows:

1. Amend page 8, line 18, after "USE" by striking out "3 FACTORS" and inserting "THE 3 FACTORS LISTED IN SUBSECTION (3)(A), (B), AND (C)".

2. Amend page 8, line 21, after "FACTORS" by inserting "LISTED IN SUBDIVISIONS (A), (B), AND (C)".

3. Amend page 9, line 2, by striking out all of line 2 and inserting "1 OF THE FOLLOWING PROGRAM PRIORITIES AS DESIGNATED BY THE APPLICANT:".

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

Rep. Schermesser 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. 5719, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding part 716.

The bill was read a third time.

The question being on the passage of the bill,

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

The motion prevailed.

Second Reading of Bills

Senate Bill No. 902, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding part 88.

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

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

Rep. Alley moved to amend the bill as follows:

1. Amend page 1, line 7, after "GRANT" by inserting "OR A WELLHEAD PROTECTION GRANT".

2. Amend page 2, line 11, after "SEC. 8802." by striking out all of subsection (1) and inserting "(1) THE DEPARTMENT SHALL ESTABLISH A GRANTS PROGRAM TO PROVIDE GRANTS FOR NONPOINT SOURCE POLLUTION PREVENTION AND CONTROL PROJECTS AND WELLHEAD PROTECTION PROJECTS. THE GRANTS PROGRAM SHALL PROVIDE GRANTS TO LOCAL UNITS OF GOVERNMENT OR ENTITIES THAT ARE EXEMPT FROM TAXATION UNDER SECTION 501(c)(3) OF THE INTERNAL REVENUE CODE. THE TOTAL AMOUNT OF GRANTS PROVIDED UNDER THE GRANTS PROGRAM SHALL BE ALLOCATED AS FOLLOWS:

(A) TWO-THIRDS FOR NONPOINT SOURCE POLLUTION PREVENTION AND CONTROL PROJECTS THAT DO EITHER OR BOTH OF THE FOLLOWING:

(i) IMPLEMENT THE PHYSICAL IMPROVEMENT PORTION OF WATERSHED PLANS THAT ARE APPROVED BY THE DEPARTMENT.

(ii) REDUCE SPECIFIC NONPOINT SOURCE POLLUTION AS IDENTIFIED BY THE DEPARTMENT.

(B) ONE-THIRD FOR WELLHEAD PROTECTION PROJECTS THAT ARE CONSISTENT WITH A WELLHEAD PROTECTION PLAN APPROVED BY THE DEPARTMENT THAT DO ANY OF THE FOLLOWING:

(i) PLUG ABANDONED WELLS.

(ii) PROVIDE FOR THE PURCHASE OF LAND OR THE PURCHASE OF RIGHTS IN LAND FOR THE PURPOSE OF PROTECTING AQUIFER RECHARGE AREAS.

(iii) IMPLEMENT THE PHYSICAL IMPROVEMENT PORTION OF THE WELLHEAD PROTECTION PLAN.".

3. Amend page 4, following line 5, by inserting:

"(I) WHETHER THE PROJECT PROVIDES BENEFITS TO SOURCES OF DRINKING WATER." and relettering the remaining subdivision.

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 3, line 6, after the second "THE" by striking out "CLEAN MICHIGAN INITIATIVE" and inserting "MICHIGAN'S ECONOMIC DEVELOPMENT AND RECREATION PLAN".

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

Rep. Middaugh demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 660 Yeas--56

Agee DeHart Kilpatrick Schauer

Alley Dobronski LaForge Schermesser

Anthony Frank Leland Schroer

Baade Freeman Mans Scott

Baird Gagliardi Martinez Stallworth

Basham Gire Mathieu Tesanovich

Bogardus Gubow Murphy Thomas

Brater Hale Olshove Varga

Brewer Hanley Owen Vaughn

Brown Harder Palamara Walberg

Callahan Hertel Parks Wallace

Cherry Hood Price Wetters

Ciaramitaro Kaza Prusi Willard

Curtis Kelly Rison Wojno

Nays--47

Bankes Galloway Jellema Middleton

Birkholz Geiger Johnson Nye

Bobier Gernaat Kukuk Perricone

Bodem Gilmer Law Raczkowski

Byl Godchaux LeTarte Richner

Cassis Goschka Llewellyn Rocca

Crissman Green London Sanborn

Cropsey Gustafson Lowe Scranton

Dalman Hammerstrom McBryde Sikkema

DeVuyst Horton McManus Voorhees

Dobb Jansen McNutt Whyman

Fitzgerald Jelinek Middaugh

In The Chair: DeHart

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

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

Senate Bill No. 904, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding part 196.

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

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

Rep. Alley moved to amend the bill as follows:

1. Amend page 5, line 23, after "THAN" by striking out "$325,000,000.00" and inserting "$309,000,000.00".

2. Amend page 6, line 3, after "(D)" by striking out "NOT MORE THAN $50,000,000.00" and inserting "SUBJECT TO SUBSECTION (2), $66,000,000.00".

3. Amend page 6, line 4, after "CONTROL" by inserting "AND WELLHEAD PROTECTION PROJECTS".

4. Amend page 6, following line 8, by inserting:

"(2) IN ADDITION TO THE AMOUNT SPECIFIED IN SUBSECTION (1)(D), 2% OF THE AMOUNTS SPECIFIED IN SUBSECTION (1)(A), (B), (C), AND (D) SHALL BE USED FOR THE PURPOSE OF SUBSECTION (1)(D)." and renumbering the remaining subsections.

5. Amend page 8, line 14, after "PROJECTS" by inserting "AND WELLHEAD PROTECTION PROJECTS".

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

Rep. Baade moved to amend the bill as follows:

1. Amend page 8, following line 25, by inserting:

"(3) BEFORE EXPENDING ANY FUNDS ALLOCATED UNDER SECTION 19607(1)(A), (B), (C), OR (D) AT A SITE THAT IS AN AREA OF CONCERN AS DESIGNATED BY THE PARTIES TO THE GREAT LAKES WATER QUALITY AGREEMENT, THE DEPARTMENT SHALL CONSULT WITH AND RECEIVE COMMENTS FROM THE PUBLIC ADVISORY COUNCIL ESTABLISHED TO OVERSEE THAT AREA OF CONCERN REGARDING THE DEVELOPMENT, IMPLEMENTATION, AND EVALUATION OF RESPONSE ACTIVITIES TO BE CONDUCTED WITH MONEY IN THE FUND AT THAT AREA OF CONCERN." and renumbering the remaining subsections.

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

Rep. Baade demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 661 Yeas--71

Agee Dobb LaForge Quarles

Anthony Dobronski Leland Rison

Baade Frank LeTarte Schauer

Baird Freeman Llewellyn Schermesser

Bankes Gagliardi Lowe Schroer

Basham Gire Mans Scott

Bogardus Goschka Martinez Stallworth

Brater Griffin Mathieu Tesanovich

Brewer Gubow McBryde Varga

Brown Hale Murphy Vaughn

Callahan Hammerstrom Nye Voorhees

Cassis Hanley Olshove Walberg

Cherry Harder Owen Wallace

Ciaramitaro Hood Palamara Wetters

Crissman Jansen Parks Whyman

Cropsey Jellema Price Willard

Curtis Kaza Profit Wojno

DeHart Kelly Prusi

Nays--34

Alley Geiger Kilpatrick Perricone

Birkholz Gernaat Kukuk Raczkowski

Bobier Gilmer Law Richner

Bodem Godchaux London Rocca

Byl Green McManus Sanborn

Dalman Gustafson McNutt Scranton

DeVuyst Horton Middaugh Sikkema

Fitzgerald Jelinek Middleton Thomas

Galloway Johnson

In The Chair: DeHart

Rep. Callahan moved to amend the bill as follows:

1. Amend page 6, following line 8, by inserting:

"(G) NOT MORE THAN $100,000,000.00 SHALL BE USED FOR PROJECTS FUNDED BY THE STATE DRINKING WATER REVOLVING FUND ESTABLISHED PURSUANT TO SECTION 16B OF THE SHARED CREDIT RATING ACT, 1985 PA 227, MCL 141.1066B.".

2. Amend page 8, following line 21, by inserting:

"(G) MONEY IN THE FUND THAT IS ALLOCATED UNDER SECTION 19607(1)(G) SHALL BE TRANSFERRED TO THE STATE DRINKING WATER REVOLVING FUND ESTABLISHED PURSUANT TO SECTION 16B OF THE SHARED CREDIT RATING ACT, 1985 PA 227, MCL 141.1066B.".

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

Rep. Middaugh demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 662 Yeas--57

Agee Dobronski Kelly Prusi

Anthony Frank Kukuk Quarles

Baade Freeman LaForge Rison

Baird Gagliardi Law Rocca

Bankes Gire Leland Sanborn

Basham Goschka London Schauer

Bogardus Griffin Mans Schroer

Brater Gubow Martinez Scott

Brewer Hale Olshove Stallworth

Brown Hanley Owen Tesanovich

Callahan Harder Palamara Vaughn

Cherry Hood Parks Wallace

Ciaramitaro Johnson Price Wetters

Curtis Kaza Profit Wojno

DeHart

Nays--39

Birkholz Fitzgerald Jansen Middleton

Bobier Galloway Jelinek Nye

Bodem Geiger Jellema Perricone

Byl Gernaat LeTarte Raczkowski

Cassis Gilmer Llewellyn Richner

Crissman Godchaux Lowe Scranton

Cropsey Green McBryde Sikkema

Dalman Gustafson McManus Voorhees

DeVuyst Hammerstrom McNutt Walberg

Dobb Horton Middaugh

In The Chair: DeHart

Rep. Martinez moved to amend the bill as follows:

1. Amend page 6, following line 8, following subdivision (G), by inserting:

"(H) NOT MORE THAN $20,000,000.00 SHALL BE USED FOR LEAD ABATEMENT PROJECTS TO PROTECT CHILDREN AND SENIOR CITIZENS FROM LEAD POISONING.".

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

Rep. Middaugh moved to reconsider the vote by which the House adopted the amendment.

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

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

Rep. Middaugh demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 663 Yeas--97

Agee Dobronski Kelly Profit

Alley Fitzgerald Kilpatrick Prusi

Anthony Frank Kukuk Quarles

Baade Freeman LaForge Raczkowski

Baird Gagliardi Law Richner

Bankes Galloway Leland Rison

Basham Geiger LeTarte Rocca

Birkholz Gernaat Llewellyn Sanborn

Bodem Gilmer London Schauer

Bogardus Gire Lowe Schermesser

Brater Godchaux Mans Schroer

Brewer Goschka Martinez Scott

Brown Green McBryde Scranton

Byl Griffin McManus Sikkema

Callahan Gubow McNutt Tesanovich

Cassis Gustafson Middaugh Thomas

Cherry Hale Middleton Varga

Ciaramitaro Hammerstrom Murphy Vaughn

Crissman Hanley Olshove Voorhees

Cropsey Harder Owen Wallace

Curtis Horton Palamara Wetters

Dalman Jansen Parks Whyman

DeHart Jelinek Perricone Willard

DeVuyst Jellema Price Wojno

Dobb

Nays--0

In The Chair: DeHart

Rep. Anthony moved to amend the bill as follows:

1. Amend page 5, line 23, after "THAN" by striking out "$309,000,000.00" and inserting "$300,000,000.00".

2. Amend page 6, following line 8, following subdivision (H), by inserting:

"(I) NOT MORE THAN $25,000,000.00 SHALL BE USED FOR POLLUTION PREVENTION PROGRAMS.".

3. Amend page 8, following line 21, following subdivision (G), by inserting:

"(H) MONEY IN THE FUND THAT IS ALLOCATED UNDER SECTION 19607(1)(G) SHALL BE USED BY THE DEPARTMENT FOR PROGRAMS THAT PREVENT POLLUTION.".

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

Rep. McNutt moved to amend the bill as follows:

1. Amend page 8, line 18, after "RESOURCES." by inserting "THE INSTALLATION OR UPGRADE OF DRINKING WATER SYSTEMS OR REST ROOM FACILITIES SHALL BE THE FIRST PRIORITY.".

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

Rep. Mans moved to amend the bill as follows:

1. Amend page 10, line 21, after "QUALITY." by inserting "BEFORE SUBMITTING THE ANNUAL LIST OF PROJECTS RECOMMENDED TO BE FUNDED PURSUANT TO THIS SUBSECTION, THE DEPARTMENT SHALL PROVIDE A 30-DAY PERIOD DURING WHICH INTERESTED PERSONS, INCLUDING BUT NOT LIMITED TO MUNICIPALITIES, NONPROFIT CORPORATIONS AND ASSOCIATIONS, AND BUSINESSES MAY NOMINATE PROJECTS TO BE CONSIDERED FOR FUNDING PURSUANT TO THIS PART. THE DEPARTMENT SHALL PUBLISH CRITERIA IT WILL USE IN EVALUATING AND RECOMMENDING NOMINATED PROJECTS AND SHALL RESPOND, IN WRITING, TO ALL SUCH NOMINATIONS.".

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

______

Rep. Oxender entered the House Chambers.

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

The motion prevailed.

Rep. Gubow moved to amend the bill as follows:

1. Amend page 6, following line 8, following subdivision (I), by inserting:

"(J) NOT MORE THAN $100,000.000.00 SHALL BE USED FOR PROJECTS FUNDED BY THE STATE WATER POLLUTION CONTROL REVOLVING FUND ESTABLISHED PURSUANT TO SECTION 16A OF THE SHARED CREDIT RATING ACT, 1985 PA 227, MCL 141.1066A.".

2. Amend page 8, following line 21, following subdivision (H), by inserting:

"(I) MONEY IN THE FUND THAT IS ALLOCATED UNDER SECTION 19607(1) (G) SHALL BE TRANSFERRED TO THE STATE WATER POLLUTION CONTROL REVOLVING FUND ESTABLISHED PURSUANT TO SECTION 16A OF THE SHARED CREDIT RATING ACT, 1985 PA 227, MCL 141.1066A.".

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

Rep. Middaugh demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 664 Yeas--57

Agee Frank Leland Rocca

Anthony Freeman London Sanborn

Baade Gagliardi Mans Schauer

Baird Gire Martinez Schermesser

Basham Goschka Murphy Schroer

Bogardus Gubow Olshove Scott

Brater Hale Owen Stallworth

Brewer Hanley Palamara Tesanovich

Brown Harder Parks Thomas

Callahan Hertel Price Varga

Cherry Hood Profit Vaughn

Ciaramitaro Kaza Prusi Wallace

Curtis Kelly Quarles Willard

DeHart LaForge Rison Wojno

Dobronski

Nays--44

Alley Geiger Kilpatrick Oxender

Bankes Gernaat Kukuk Perricone

Birkholz Gilmer Law Raczkowski

Bobier Godchaux LeTarte Rhead

Bodem Green Llewellyn Richner

Byl Gustafson Lowe Scranton

Cassis Hammerstrom McBryde Sikkema

Cropsey Horton McManus Voorhees

Dalman Jansen McNutt Walberg

DeVuyst Jelinek Middaugh Wetters

Fitzgerald Jellema Nye Whyman

In The Chair: DeHart

Rep. Willard moved to amend the bill as follows:

1. Amend page 8, following line 25, following subsection (3), by inserting:

"(4) MONEY IN THE FUND SHALL NOT BE USED TO DEVELOP BOTTOMLANDS OF ANY BODY OF WATER." and renumbering the remaining subsections.

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

Rep. Rhead moved to reconsider the vote by which the House adopted the amendment.

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

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

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

______

Rep. Dobb, under 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. 623-629 and 631. Had I been present, I would have voted 'yes'."

Rep. Brater moved to amend the bill as follows:

1. Amend page 8, line 22, by striking out all of subsection (2) and inserting:

"(2) OF THE MONEY ALLOCATED UNDER SECTION 19607(1)(A), NOT LESS THAN $40,000,000.00 OR MORE THAN $60,000,000.00 SHALL BE USED FOR FACILITIES THAT POSE AN IMMINENT AND SUBSTANTIAL ENDANGERMENT TO THE PUBLIC HEALTH, SAFETY, OR WELFARE, OR TO THE ENVIRONMENT. FOR PURPOSES OF THIS SUBSECTION, FACILITIES THAT POSE AN IMMINENT AND SUBSTANTIAL ENDANGERMENT SHALL INCLUDE THOSE WHERE PUBLIC ACCESS POSES HAZARDS BECAUSE OF POTENTIAL EXPOSURE TO CHEMICALS OR SAFETY RISKS AND WHERE DRINKING WATER SUPPLIES ARE THREATENED BY CONTAMINATION.".

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

Rep. Brown moved to amend the bill as follows:

1. Amend page 1, line 3, after the second "THE" by striking out "CLEAN MICHIGAN" and inserting "MICHIGAN'S ECONOMIC, ENVIRONMENT, AND RECREATION".

2. Amend page 2, line 1, after "THE" by striking out "CLEAN MICHIGAN" and inserting "MICHIGAN'S ECONOMIC, ENVIRONMENT, AND RECREATION".

3. Amend page 3, line 13, after "THE" by striking out "CLEAN MICHIGAN" and inserting "MICHIGAN'S ECONOMIC, ENVIRONMENT, AND RECREATION".

4. Amend page 5, line 9, after "THE" by striking out "CLEAN MICHIGAN" and inserting "MICHIGAN'S ECONOMIC, ENVIRONMENT, AND RECREATION".

5. Amend page 16, line 14, after the second "the" by striking out "clean Michigan" and inserting "Michigan's economic, environment, and recreation".

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

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

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

By unanimous consent the House returned to the order of

Motions and Resolutions

Reps. McManus, Schauer, Baade, McNutt, Jelinek, Dobb, Crissman, Voorhees, Richner, Birkholz, Galloway, Bodem, McBryde, Perricone, Jansen, Goschka and London offered the following resolution:

House Resolution No. 324.

A resolution of tribute for Elaine S. Goebel.

Whereas, It is with a strong sense of admiration for all of the sacrifices she has made on behalf of the people of Auburn Hills and the entire State of Michigan that we salute Elaine S. Goebel. Elaine was appointed to the position of deputy treasurer for the City of Auburn Hills in 1983. She was subsequently appointed to the position of treasurer for the City of Auburn Hills in 1986; and

Whereas, Elaine S. Goebel has, throughout her years of dedication, actively served the community as secretary and treasurer of the Auburn Hills Economic Development Corporation, chairperson of the Auburn Hills Safety Committee, and president of the Auburn Hills Optimist Club. Elaine also served the Avondale School Board for six years, acting as treasurer for three of those years; and

Whereas, Elaine S. Goebel also served as president of the Michigan Municipal Treasurers' Association from 1995-1996. Elaine was installed on August 20, 1997 as president of the Municipal Treasurers' Association of the United States and Canada, having previously served the Association in various elected positions over the past years; and

Whereas, The people of Michigan have appreciated the dedication and belief in the community's future that have marked all elements of her work. With all that Elaine S. Goebel has given to the people of our great state, she can also take a great deal of personal pride and satisfaction in all aspects of her accomplishments; now, therefore, be it

Resolved by the House of Representatives, That we recognize Elaine S. Goebel for her dedicated service and exemplary accomplishments which have brought well deserved and international acclaim to herself, the City of Auburn Hills, and the entire State of Michigan. May health and happiness be hers in the future; and be it further

Resolved, That a copy of this resolution be transmitted to Elaine S. Goebel as evidence of our heartfelt congratulations.

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, a majority of the members serving voting therefor.

Reps. Schauer, Freeman, Hanley, Dobronski, Baade, Baird, DeHart, McNutt, Jelinek, Dobb, Johnson, Crissman, Voorhees, Richner, Birkholz, Bodem, Perricone, Fitzgerald, Bankes, Jansen, Goschka and London offered the following resolution:

House Resolution No. 325.

A resolution honoring Phillis "Phil" Cusmano and her soup kitchen crew.

Whereas, It is a great pleasure to commend Phil Cusmano and her soup kitchen crew for providing a noontime meal at the Salvation Army Soup Kitchen; and

Whereas, It was in 1988 that Phil started working on this project, and has been its leader ever since. The Salvation Army provides a much needed service by feeding hundreds of hungry people everyday. During Phil's noontime meal, she and her crew will feed approximately 160-180 people; and

Whereas, Phillis Cusmano and the Soup Kitchen Crew exemplifies the philanthropic spirit which is the hallmark of the Battle Creek area; and

Whereas, Phil Cusmano's "Soup Kitchen Crew" consists of: Mike Moreno, Tom Merick, Mary Cochrane, Muriel Cleary, Jane and Al Hafner, Val and Harold Tower, Georgia Colwell, Ellen McRae, Karen Westlake, Kay Flynn, Joan Bauman, Jane Prevost, Betty and Ed Wyson, Gloria Steinbrunner, and Richard and Jeanne Masten - and heed it; now, therefore, be it

Resolved by the House of Representatives, That members of this legislative body salute Phillis Cusmano and her "Soup Kitchen Crew" for their conscientious efforts in providing nutritious meals to the hungry; and be it further

Resolved, That copies of this resolution be transmitted to Phillis "Phil" Cusmanso and her "Soup Kitchen Crew" as evidence of our admiration.

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, a majority of the members serving voting therefor.

Reports of Standing Committees

The Committee on Conservation, Environment and Recreation, by Rep. Alley, Chair, reported

House Bill No. 5867, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 61506a.

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 5867 To Report Out:

Yeas: Reps. Alley, Anthony, Brater, Brown, Kilpatrick, LaForge, Schermesser, Wetters, Basham, Middaugh, Birkholz, Bodem, Byl, DeVuyst, McNutt, Walberg,

Nays: None.

The Committee on Conservation, Environment and Recreation, by Rep. Alley, Chair, reported

House Resolution No. 311.

A resolution to urge the Natural Resources Commission to extend the 1998 firearms deer season by starting on November 14.

(For text of resolution, see House Journal No. 53, p. 1250.)

With the recommendation that the following amendments be adopted and that the resolution then be adopted.

1. Amend the title, line 1, after the second "to" by striking out "extend" and inserting "consider extending".

2. Amend the first Resolving clause, line 2, after "to" by striking out "extend" and inserting "consider extending".

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

Favorable Roll Call

HR 311 To Report Out:

Yeas: Reps. Alley, Brater, Brown, Kilpatrick, LaForge, Schermesser, Basham, Middaugh, Birkholz, Bodem, Byl, DeVuyst, McNutt, Walberg,

Nays: Rep. Anthony.

The Committee on Conservation, Environment and Recreation, by Rep. Alley, Chair, reported

House Concurrent Resolution No. 108.

A concurrent resolution to urge the Natural Resources Commission to extend the 1998 firearms deer season by starting on November 14.

(For text of resolution, see House Journal No. 53, p. 1251.)

With the recommendation that the following amendments be adopted and that the concurrent resolution then be adopted.

1. Amend the title, line 2, by striking out "extend" and inserting "consider extending".

2. Amend the first Resolving clause, line 2, after "to" by striking out "extend" and inserting "consider extending".

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

Favorable Roll Call

HCR 108 To Report Out:

Yeas: Reps. Alley, Brater, Brown, Kilpatrick, Schermesser, Basham, Middaugh, Birkholz, Bodem, Byl, McNutt, Walberg,

Nays: None.

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, June 16, 1998, at 2:32 p.m.,

Present: Reps. Alley, Anthony, Brater, Brown, Kilpatrick, LaForge, Schermesser, Wetters, Basham, Middaugh, Birkholz, Bodem, Byl, DeVuyst, McNutt, Walberg,

Absent: Reps. Callahan, Mans, McManus,

Excused: Reps. Callahan, Mans, McManus.

The Committee on Tax Policy, by Rep. Profit, Chair, reported

House Bill No. 4374, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending section 273 (MCL 206.273), as added by 1988 PA 516.

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

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

Favorable Roll Call

HB 4374 To Report Out:

Yeas: Reps. Profit, Quarles, Freeman, Wojno, Perricone, Cassis, Dobb, Goschka, Middleton,

Nays: Rep. Agee.

The Committee on Tax Policy, by Rep. Profit, Chair, reported

House Bill No. 4985, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending section 30 (MCL 206.30), as amended by 1996 PA 484.

With the recommendation that the substitute (H-4) 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 4985 To Report Out:

Yeas: Reps. Profit, Quarles, Freeman, Wojno, Perricone, Cassis, Dobb, Goschka, Middleton,

Nays: Rep. Agee.

The Committee on Tax Policy, by Rep. Profit, Chair, reported

Senate Bill No. 1158, entitled

A bill to amend 1933 PA 167, entitled "General sales tax act," by amending section 4 (MCL 205.54), as amended by 1993 PA 325.

With the recommendation that the bill pass.

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

Favorable Roll Call

SB 1158 To Report Out:

Yeas: Reps. Profit, Quarles, Agee, Freeman, Wojno, Perricone, Cassis, Dobb, Goschka, Middleton,

Nays: None.

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Profit, Chair of the Committee on Tax Policy, was received and read:

Meeting held on: Wednesday, June 17, 1998, at 8:00 a.m.,

Present: Reps. Profit, Quarles, Agee, Freeman, Gubow, Hanley, Palamara, Wallace, Wetters, Wojno, Perricone, Cassis, Dobb, Goschka, Middleton,

Absent: Reps. Brackenridge, Whyman,

Excused: Reps. Brackenridge, Whyman.

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

House Bill No. 5668, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 151b (MCL 600.151b), as amended by 1996 PA 524.

With the recommendation that the substitute (H-2) 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 5668 To Report Out:

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

Nays: None.

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

House Bill No. 5822, entitled

A bill to amend 1951 PA 51, entitled "An act to provide for the classification of all public roads, streets, and highways in this state, and for the revision of that classification and for additions to and deletions from each classification; to set up and establish the Michigan transportation fund; to provide for the deposits in the Michigan transportation fund of specific taxes on motor vehicles and motor vehicle fuels; to provide for the allocation of funds from the Michigan transportation fund and the use and administration of the fund for transportation purposes; to set up and establish the truck safety fund; to provide for the allocation of funds from the truck safety fund and administration of the fund for truck safety purposes; to set up and establish the Michigan truck safety commission; to establish certain standards for road contracts for certain businesses; to provide for the continuing review of transportation needs within the state; to authorize the state transportation commission, counties, cities, and villages to borrow money, issue bonds, and make pledges of funds for transportation purposes; to authorize counties to advance funds for the payment of deficiencies necessary for the payment of bonds issued under this act; to provide for the limitations, payment, retirement, and security of the bonds and pledges; to provide for appropriations and tax levies by counties and townships for county roads; to authorize contributions by townships for county roads; to provide for the establishment and administration of the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds; to provide for the deposits in the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds of money raised by specific taxes and fees; to provide for definitions of public transportation functions and criteria; to define the purposes for which Michigan transportation funds may be allocated; to provide for Michigan transportation fund grants; to provide for review and approval of transportation programs; to provide for submission of annual legislative requests and reports; to provide for the establishment and functions of certain advisory entities; to provide for conditions for grants; to provide for the issuance of bonds and notes for transportation purposes; to provide for the powers and duties of certain state and local agencies and officials; to provide for the making of loans for transportation purposes by the state transportation department and for the receipt and repayment by local units and agencies of those loans from certain specified sources; and to repeal acts and parts of acts," by amending sections 1e and 10 (MCL 247.651e and 247.660), section 10 as amended by 1997 PA 79.

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 5822 To Report Out:

Yeas: Reps. Hood, Mathieu, Ciaramitaro, Emerson, Frank, Hale, Harder, Kelly, Martinez, Owen, Parks, Price, Prusi, Rison, Stallworth, Tesanovich,

Nays: Reps. Gilmer, Bankes, Bobier, Godchaux, Jansen, Jellema.

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, June 17, 1998, 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, McBryde,

Absent: Reps. Johnson, Oxender.

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, June 16, 1998, at 8:00 a.m.,

Present: Reps. Wetters, Vaughn, Baade, Bogardus, Brewer, LaForge, Willard, Green, DeVuyst, Gernaat, Jelinek, Nye,

Absent: Rep. Horton,

Excused: Rep. Horton.

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Gagliardi, Chair of the Committee on House Oversight and Ethics, was received and read:

Meeting held on: Tuesday, June 16, 1998, at 2:15 p.m.,

Present: Reps. Gagliardi, Cherry, Brewer, DeHart, Hanley, Kilpatrick, Varga, Gustafson, DeVuyst, Fitzgerald, Goschka, Perricone, Richner, Voorhees,

Absent: Reps. Agee, Wallace, Wojno,

Excused: Reps. Agee, Wallace, Wojno.

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Cherry, Chair of the Committee on Colleges and Universities, was received and read:

Meeting held on: Wednesday, June 17, 1998, at 9:00 a.m.,

Present: Reps. Cherry, Brown, Brater, Quarles, LeTarte, Scranton, Walberg,

Absent: Reps. Curtis, Dalman,

Excused: Reps. Curtis, Dalman.

Notices

I hereby give notice that on the next legislative session day I will move to discharge the Committee on Commerce from further consideration of House Bill No. 5938.

Rep. Middaugh

The Speaker appointed as conferees, on the part of the House of Representatives for Senate Bill No. 907, Reps. Price, Kelly and McBryde.

The Speaker appointed as conferees, on the part of the House of Representatives for Senate Bill No. 909, Reps. Owen, Rison and Geiger.

The Speaker appointed as conferees, on the part of the House of Representatives for Senate Bill No. 911, Reps. Hood, Martinez and Gilmer.

Announcement by the Clerk of Printing and Enrollment

The Clerk announced that the following bills had been printed and placed upon the files of the members, Wednesday, June 17:

House Bill Nos. 5939 5940 5941 5942 5943 5944 5945

The Clerk announced the enrollment printing and presentation to the Governor on

Wednesday, June 17, for his approval of the following bills:

Enrolled House Bill No. 4173 at 1:10 p.m.

Enrolled House Bill No. 4289 at 1:12 p.m.

Enrolled House Bill No. 4363 at 1:14 p.m.

Enrolled House Bill No. 4524 at 1:16 p.m.

Enrolled House Bill No. 4860 at 1:18 p.m.

Enrolled House Bill No. 4897 at 1:20 p.m.

Enrolled House Bill No. 5043 at 1:22 p.m.

Enrolled House Bill No. 5075 at 1:24 p.m.

Enrolled House Bill No. 5224 at 1:26 p.m.

Enrolled House Bill No. 5344 at 1:28 p.m.

Enrolled House Bill No. 5487 at 1:30 p.m.

Enrolled House Bill No. 5561 at 1:32 p.m.

Enrolled House Bill No. 5580 at 1:34 p.m.

Enrolled House Bill No. 5642 at 1:36 p.m.

Messages from the Governor

The following message from the Governor, approving and signing the following bill at the time designated below, was received and read:

Date: June 16, 1998

Time: 4:55 p.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5262 (Public Act No. 127, I.E.), being

An act to amend 1994 PA 451, entitled "An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, and assessments; to provide certain appropriations; to prescribe penalties and provide remedies; to repeal certain parts of this act on a specific date; and to repeal certain acts and parts of acts," (MCL 324.101 to 324.90106) by adding section 61503a.

(Filed with the Secretary of State June 17, 1998, at 9:34 a.m.)

Introduction of Bills

Rep. Gagliardi introduced

House Bill No. 5946, entitled

A bill to amend 1998 PA 58, entitled "Michigan liquor control code of 1998," (MCL 436.1101 to 436.2303) by adding section 1016.

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

Rep. Llewellyn moved that the House adjourn.

The motion prevailed, the time being 6:35 p.m.

Acting Speaker DeHart declared the House adjourned until Thursday, June 18, at 10:00 a.m.

MARY KAY SCULLION

Clerk of the House of Representatives.