No. 23

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

90th Legislature


REGULAR SESSION OF 1999


House Chamber, Lansing, Tuesday, March 16, 1999.

 

2:00 p.m.

 

The House was called to order by the Speaker Pro Tempore.

 

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

 

 

Allen--present

Baird--present

Basham--present

Birkholz--present

Bisbee--present

Bishop--present

Bogardus--present

Bovin--present

Bradstreet--present

Brater--present

Brewer--present

Brown, Bob--present

Brown, Cameron--present

Byl--present

Callahan--present

Cassis--present

Caul--present

Cherry--present

Clark--present

Clarke--present

Daniels--present

DeHart--present

Dennis--present

DeRossett--present

DeVuyst--present

DeWeese--present

Ehardt--present

Faunce--present

Frank--present

Garcia--present

Garza--present

Geiger--present

Gieleghem--present

Gilbert--present

Godchaux--present

Gosselin--present

Green--present

Hager--present

Hale--present

Hanley--present

Hansen--present

Hardman--present

Hart--present

Howell--present

Jacobs--present

Jamnick--present

Jansen--present

Jelinek--present

Jellema--present

Johnson, Rick--present

Johnson, Ruth--present

Julian--present

Kelly--present

Kilpatrick--present

Koetje--present

Kowall--present

Kuipers--present

Kukuk--present

LaForge--present

LaSata--present

Law--present

Lemmons--present

Lockwood--present

Mans--present

Martinez--present

Mead--present

Middaugh--present

Minore--present

Mortimer--present

Neumann--present

O'Neil--present

Pappageorge--present

Patterson--present

Perricone--present

Pestka--present

Price--present

Prusi--present

Pumford--present

Quarles--present

Raczkowski--present

Reeves--present

Richardville--present

Richner--present

Rison--present

Rivet--present

Rocca--present

Sanborn--present

Schauer--present

Schermesser--present

Scott--present

Scranton--present

Shackleton--present

Sheltrown--present

Shulman--present

Spade--present

Stallworth--present

Stamas--present

Switalski--present

Tabor--present

Tesanovich--present

Thomas--present

Toy--present

Vander Roest--present

Van Woerkom--present

Vaughn--present

Vear--present

Voorhees--present

Wojno--present

Woodward--present Woronchak--present

 

 

e/d/s = entered during session

Reverend Ron D. Coleman, Sr., from the God Land Unity Church in Detroit, offered the following invocation:

 

"God bless you today. I would like for us to take a moment to acknowledge that God is the head of our lives and God truly is in charge of this world and all that is in it. And so I acknowledge God first and give God all grace. And I acknowledge our state legislators who are here to do what is in the best interest of our people. I would like to begin this invocation by sharing a scriptural reading with you. The scripture is taken from the book of Proverbs, the third chapter, and the 1st through the 6th verses. And it reads:

'My Son, forget not my laws; but let thine heart keep my commandments: For length of days, and long life, and peace, shall they add to you. Let not mercy and truth forsake thee: bind them about your neck; write them in the inward parts of your heart: So shalt thy find favor and good understanding in the sight of God and man. Trust in the Lord with all thine heart; and lean not unto thine own understanding. In all thy ways acknowledge God, and he shall direct thy paths.'

As were are here today, we know that today is one that you can almost feel the energy in this room. My prayer is that we all recognize that there is only one God, and we are all here to represent God first. We are all here to represent our own integrity. We are each here to represent the people who have elected us. With that in mind, I am going to ask you if you will just take this moment, each of us, however you worship God, to close your eyes and recognize that right where I am--God is. Right where I am--God is. Then breathe into that statement so that we can allow God the responsibility and the opportunity to guide us today, for truly this is an important day for the history of Detroit. We want to do what is right by God, knowing that God has said, 'What you do to these the least of my children, you have also done unto me.' And so today we are wanting to do that which is absolutely right. Jesus taught us the most important commandment when He said that, 'We should love God, with all of our mind, with all our heart, with all our soul.' In this moment, however you worship God, won't you just love God, with all your mind, all your heart, all of your soul. Allow yourself to truly come to that place of peace. Learn to take the next step which is to love you. By loving you, you know you are doing what is right by God, right here, right now--and then to love one another is the last of that commandment. So that when we leave this room today, we as people, not as politicians, can reach across the aisles and look one another in the eye, in the spirit of love and peace, and know that we have done what is right by God and us. One of the statements we affirm in our church--not my will, but God Your will be done today. Not my will, but God Your will be done today. May we whisper this together, not my will, God, but Thy will be done today. We ask for the Holy Spirit to fill this room, to touch the mind and heart of each person here, to let us conduct our business, in the spirit of love, integrity and peace. We ask for the empowerment of the Holy Spirit right now to bless everyone within the sound of this voice. We give thanks that this is done in God's name. It is so. Amen."

 

 

Motions and Resolutions

 

 

Rep. Lemmons offered the following resolution:

House Resolution No. 41.

A resolution honoring Charlie Lanier.

Whereas, It is with shared commitment to the noble ideals of our country and community that we join in saluting Charlie Lanier as this loyal and unselfish individual is honored for his dedication to our veterans and to our African-American community. As members and friends gather to commend this soldier, we proudly add our own thanks for the contributions he continues to make to keep alive our cherished liberties; and

Whereas, A veteran of service with the United States military, Charlie Lanier never stopped serving his country when his formal military duties were at a close. Mr. Lanier fought in World War I, which was called the War for Democracy, and then came home to face many undemocratic practices, such as the Red Summer of 1919 and Jim Crow laws. Mr. Lanier has been alive longer than most American families have been American. Mr. Lanier, being 100 years old, was born two years after Plessy v. Ferguson, which made "separate but equal" a legal fact. Mr. Lanier faced many hardships in his life and is a living testament to everything our African-American community has struggled and fought for; now, therefore, be it

Resolved by the House of Representatives, That this document is signed and dedicated to commend Charlie Lanier as he is recognized for excellence in service to America's veterans and as a tribute to and an example for all African-Americans; and be it further

Resolved, That a copy of this resolution be transmitted to Charlie Lanier as evidence of our high esteem and gratitude for his work in serving our country.

Pending the reference of the resolution to a committee,

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

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

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. Wojno, Kelly, Hansen, Scott, Kukuk, Cassis, DeVuyst, Birkholz, Vear, Richner, Baird, Spade, Woodward, Schermesser, LaForge, Scranton, Jellema, Pappageorge, Vaughn, Hager, Tesanovich, Prusi, Green, Caul, Jansen, Howell, Faunce, Kowall, Price, Callahan, DeRossett, Shackleton, Toy, Koetje, Julian, DeHart, Jamnick, Cherry, Hanley, Clark, Van Woerkom, Sanborn, Ehardt, Schauer, Brater, Bovin and Minore offered the following resolution:

House Resolution No. 42.

A resolution honoring Eve Kaltz on her selection as the state of Michigan's 1999 Social Studies Teacher of the Year.

Whereas, It is a distinct pleasure to offer congratulations to Eve Kaltz upon her selection as Michigan's 1999 Social Studies Teacher of the Year by the Michigan Council for the Social Studies. Her record as an energetic and talented teacher is illustrated by this most fitting award and symbol of excellence. We commend her upon her successful efforts and the outstanding success she has had in the education of our young people; and

Whereas, Each year the Michigan Council for the Social Studies selects one teacher who has made a remarkable difference in the classroom. The winning candidate is selected from many outstanding teachers across the state. Through a rigorous selection process, the council strives to select a teacher whose passion and commitment is demonstrated each day to students, parents, and peers. Mrs. Kaltz is without question one of the best and brightest elementary classroom teachers in Michigan. Eve teaches 4th grade at Peck Elementary School in Center Line, Michigan. She has been teaching in the Center Line Public Schools for over nine years. Mrs. Kaltz believes in what she is doing and in the ability of her students to succeed, which she expects of everyone in her classroom. She is truly someone who speaks passionately about her profession and demonstrates concern and respect for her students; and

Whereas, Eve Kaltz's pursuit of learning--which is constantly instilled in her students--is a quality she demonstrates through her own thirst for knowledge. Eve has been trained in ITIP, ABC's of Math, Whole Language, Conflict Resolution, Quest, Thematic Teaching, Outcome-Based Education, and GEO 95. Mrs. Kaltz uses her evenings and summers as opportunities for personal and professional growth; and

Whereas, Professionally, Eve Kaltz has shared her talents, knowledge, and insights with her colleagues. She is innovative in finding solutions that further her students understanding and progress, both academically and socially. She is creative in her ability to learn new concepts, teach strategies and skills, and then share these with her peers in a way that results in enthusiastic acceptance and participation. Eve has presented to her colleagues a formal writing process with emphasis on peer conferencing and reflection to assist in MEAP preparation; and

Whereas, In being selected as Social Studies Teacher of the Year, Eve Kaltz is being honored for her exceptional efforts in several areas. In addition to specific innovations in the classroom, study units, and programs, she is being honored for success in the most fundamental components of learning--motivating young people. We applaud the dedication she has consistently displayed and offer our thanks for the manner in which both students and other educators benefit from all of this hard work; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body salute Eve Kaltz upon her selection as Michigan's 1999 Social Studies Teacher of the Year. May she know of our highest admiration and best wishes for continued success in her pursuit of excellence in education; and be it further

Resolved, That a copy of this resolution be transmitted to Eve as evidence of our appreciation and congratulations.

Pending the reference of the resolution to a committee,

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

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

The question being on the adoption of the resolution,

The resolution was adopted.

 

 

Reports of Standing Committees

 

 

The Committee on Health Policy, by Rep. Law, Chair, reported

House Bill No. 4019, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending section 7216 (MCL 333.7216).

With the recommendation that the bill pass.

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

 

 

Favorable Roll Call

 

HB 4019 To Report Out:

Yeas: Reps. Law, DeRossett, Ehardt, Gosselin, Green, Ruth Johnson, Raczkowski, Rocca, Vear, Schauer, Baird, Dennis, Jacobs, Neumann, Reeves, Woodward,

Nays: None.

The Committee on Health Policy, by Rep. Law, Chair, reported

House Bill No. 4084, entitled

A bill to amend 1953 PA 181, entitled "An act relative to investigations in certain instances of the causes of death within this state due to violence, negligence or other act or omission of a criminal nature or to protect public health; to provide for the taking of statements from injured persons under certain circumstances; to abolish the office of coroner and to create the office of county medical examiner in certain counties; to prescribe the powers and duties of county medical examiners; to prescribe penalties for violations of the provisions of this act; and to prescribe a referendum thereon," by amending sections 2, 3, and 5 (MCL 52.202, 52.203, and 52.205), section 5 as amended by 1980 PA 401, and by adding section 5b.

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 4084 To Report Out:

Yeas: Reps. Law, DeWeese, DeRossett, Ehardt, Gosselin, Green, Ruth Johnson, Raczkowski, Rocca, Vear, Schauer, Baird, Dennis, Jacobs, Neumann, Reeves, Woodward,

Nays: None.

 

 

COMMITTEE ATTENDANCE REPORT

 

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

Meeting held on: Thursday, March 11, 1999, at 10:30 a.m.,

Present: Reps. Law, DeWeese, DeRossett, Ehardt, Gosselin, Green, Ruth Johnson, Raczkowski, Rocca, Vear, Schauer, Baird, Dennis, Jacobs, Neumann, Reeves, Woodward.

 

 

The Committee on Constitutional Law and Ethics, by Rep. Bishop, Chair, reported

House Bill No. 4381, entitled

A bill to amend 1976 PA 388, entitled "Michigan campaign finance act," by amending section 50 (MCL 169.250), as added by 1994 PA 385.

With the recommendation that the bill pass.

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

 

 

Favorable Roll Call

 

HB 4381 To Report Out:

Yeas: Reps. Bishop, Patterson, Bradstreet, Rocca, Brater, Garza,

Nays: None.

 

 

The Committee on Constitutional Law and Ethics, by Rep. Bishop, Chair, reported

Senate Bill No. 336, entitled

A bill to amend 1954 PA 116, entitled "Michigan election law," by amending section 358 (MCL 168.358), as amended by 1990 PA 7.

With the recommendation that the bill pass.

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

 

 

Favorable Roll Call

 

SB 336 To Report Out:

Yeas: Reps. Bishop, Patterson, Bradstreet, Rocca, Brater,

Nays: None.

COMMITTEE ATTENDANCE REPORT

 

The following report, submitted by Rep. Bishop, Chair of the Committee on Constitutional Law and Ethics, was received and read:

Meeting held on: Tuesday, March 16, 1999, at 12:00 Noon,

Present: Reps. Bishop, Patterson, Bradstreet, Rocca, Vaughn, Brater, Garza,

Absent: Reps. Green, Lemmons,

Excused: Reps. Green, Lemmons.

 

 

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

House Bill No. 4345, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 16g of chapter XVII (MCL 777.16g), as added by 1998 PA 317.

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 4345 To Report Out:

Yeas: Reps. Faunce, Howell, Bishop, Julian, Richner, Sanborn, Shulman,

Nays: None.

 

 

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

House Bill No. 4359, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 520a (MCL 750.520a), as amended by 1983 PA 158.

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

1. Amend page 3, line 17, after "being" by striking out the balance of the subdivision and inserting "DONE FOR A SEXUAL PURPOSE, OR IN A SEXUAL MANNER FOR REVENGE, TO INFLICT HUMILIATION, OR OUT OF ANGER.".

2. Amend page 3, following line 25, by inserting:

"Enacting section 1. This amendatory act takes effect July 1, 1999.".

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

 

 

Favorable Roll Call

 

HB 4359 To Report Out:

Yeas: Reps. Faunce, Howell, Bishop, Julian, Richner, Sanborn, Shulman,

Nays: None.

 

 

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

House Bill No. 4393, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 319 and 320 (MCL 257.319 and 257.320), section 319 as amended by 1998 PA 347 and section 320 as amended by 1982 PA 310.

The committee recommended that the bill be referred to the Committee on Conservation and Outdoor Recreation.

 

 

Favorable Roll Call

 

HB 4393 To Report Out:

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

Nays: None.

The recommendation was concurred in and the bill was referred to the Committee on Conservation and Outdoor Recreation.

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

House Bill No. 4394, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding sections 80186a, 81140a, and 82147a.

The committee recommended that the bill be referred to the Committee on Conservation and Outdoor Recreation.

 

 

Favorable Roll Call

 

HB 4394 To Report Out:

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

Nays: None.

The recommendation was concurred in and the bill was referred to the Committee on Conservation and Outdoor Recreation.

 

 

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

Senate Bill No. 7, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," (MCL 750.1 to 750.568) by adding section 145d.

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

1. Amend page 4, line 24, by striking out all of enacting section 1 and inserting:

"Enacting section 1. This amendatory act takes effect August 1, 1999.".

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

 

 

Favorable Roll Call

 

SB 7 To Report Out:

Yeas: Reps. Faunce, Howell, Bishop, Julian, Richner, Sanborn, Shulman,

Nays: None.

 

 

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

Senate Bill No. 117, entitled

A bill to amend 1978 PA 33, entitled "An act to prohibit the dissemination, exhibiting, or displaying of certain sexually explicit matter to minors; to prohibit certain misrepresentations facilitating the dissemination of sexually explicit matter to minors; to provide penalties; to provide for declaratory judgments and injunctive relief in certain instances; to impose certain duties upon prosecuting attorneys and the circuit court; to preempt local units of government from proscribing certain conduct; and to repeal certain acts and parts of acts," by amending sections 3, 5, 6, and 7 (MCL 722.673, 722.675, 722.676, and 722.677) and by adding section 1a.

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

1. Amend page 6, line 21, after "or" by striking out "A LIBRARIAN".

2. Amend page 6, line 22, after "library" by striking out "AND" and inserting a comma.

3. Amend page 8, line 4, by striking out all of enacting section 1 and inserting:

"Enacting section 1. This amendatory act takes effect August 1, 1999.".

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

 

 

Favorable Roll Call

 

SB 117 To Report Out:

Yeas: Reps. Faunce, Howell, Bishop, Julian, Richner, Sanborn, Shulman,

Nays: None.

 

 

COMMITTEE ATTENDANCE REPORT

 

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

Meeting held on: Tuesday, March 16, 1999, at 10:30 a.m.,

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

COMMITTEE ATTENDANCE REPORT

 

The following report, submitted by Rep. Garcia, Chair of the Committee on Economic Development, was received and read:

Meeting held on: Tuesday, March 16, 1999, at 9:00 a.m.,

Present: Reps. Garcia, Kowall, Bisbee, Richardville, Van Woerkom, Bob Brown, Lockwood, Mans, Vaughn.

 

 

COMMITTEE ATTENDANCE REPORT

 

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

Meeting held on: Tuesday, March 16, 1999, at 9:00 a.m.,

Present: Reps. Cassis, Woronchak, Allen, Faunce, Gilbert, Gosselin, Koetje, Patterson, Vander Roest, Vear, Quarles, Basham, Garza, Jamnick, Minore, O'Neil, Switalski.

 

 

COMMITTEE ATTENDANCE REPORT

 

The following report, submitted by Rep. Birkholz, Chair of the Committee on Local Government and Urban Policy, was received and read:

Meeting held on: Tuesday, March 16, 1999, at 10:30 a.m.,

Present: Reps. Birkholz, Hager, Bishop, DeWeese, Julian, Tabor, Vander Roest, Lockwood, Jamnick, Minore, Reeves.

 

 

Announcement by the Clerk of Printing and Enrollment

 

 

The Clerk announced the enrollment printing and presentation to the Governor on Thursday, March 11, for his approval of the following bill:

Enrolled House Bill No. 4091 at 4:26 p.m.

 

The Clerk announced that the following bills had been printed and placed upon the files of the members, Monday, March 15:

House Bill Nos. 4408 4409 4410 4411 4412 4413

 

 

Messages from the Governor

 

 

The following message from the Governor was received March 11, 1999 and read:

 

EXECUTIVE ORDER

No. 1999-2

 

Amendment to Executive Order 1999-1

 

WHEREAS, Article V, Section 2, of the Constitution of the state of Michigan of 1963 empowers the Governor to make changes in the organization of the Executive Branch or in the assignment of functions among its units which he considers necessary for efficient administration; and

WHEREAS, it is necessary in the interests of efficient administration and effectiveness of government to effect changes in the organization of the Executive Branch of government.

NOW, THEREFORE, I, John Engler, Governor of the state of Michigan, pursuant to the powers vested in me by the Constitution of the state of Michigan of 1963 and the laws of the state of Michigan, do hereby order the following:

I. Rescission of Section III.A.21 of Executive Order 1999-1

Section III.A.21 ­ Economic Development Transportation Projects ­ of Executive Order 1999-1 is hereby rescinded on the date this Executive Order is signed.

II. Economic Development Road Projects

a. All the statutory authority, powers, duties, functions and responsibilities of the State Transportation Commission to distribute grants and direct the office of economic development as to economic development road projects under Section 11(3)(a) of Act No. 231 of the Public Acts of 1987, as amended, being Section 247.911(3)(a) of the Michigan Compiled Laws, are hereby transferred to the Director of the Michigan Department of Transportation and to the President of the Michigan Strategic Fund, jointly.

b. All records, personnel, property and unexpended balances of appropriations, allocations and other funds used, held, employed, available or to be made available to the Michigan Department of Transportation for the functions assigned by this Order shall remain with the Michigan Department of Transportation.

c. All rules, contracts and agreements relating to the assigned functions lawfully adopted prior to the effective date of this Order shall continue to be effective until revised, amended or repealed.

d. Any suit, action or other proceeding lawfully commenced by, against or before any entity affected by this Order shall not abate by reason of the taking effect of this Order. Any suit, action or other proceeding may be maintained by, against or before the appropriate successor of any entity affected by this Order.

In fulfillment of the requirement of Article V, Section 2, of the Constitution of the state of Michigan of 1963, Section II (Economic Development Road Projects) of this Executive Order shall become effective 60 days after filing, or on such earlier date that a resolution of the legislature declining its right under Article V, Section 2 to disapprove this Order has been approved by both houses of the legislature by record roll call vote.

[SEAL] Given under my hand and the Great Seal of the state of Michigan this 11th day of March, in the Year of our Lord, One Thousand Nine Hundred Ninety-Nine.

John Engler

Governor

By the Governor:

Candice S. Miller

Secretary of State

The message was referred to the Clerk.

 

 

Communications from State Officers

 

 

The following communication from the National White Collar Crime Center was received and read:

 

March 4, 1999

The National White Collar Crime Center, in compliance with the United States Department of Justice, Office of Justice Programs Guidelines, is hereby providing a list of Member Agencies/Representatives.

If additional information is needed, please contact a state member agency or the National White Collar Crime Center, Inc. at (800) 221-4424.

Sincerely,

Richard L. Johnston

Director

The communication was referred to the Clerk.

 

 

The following communication from the Auditor General was received and read:

 

March 12, 1999

Enclosed is a copy of the Michigan Legislature's audited Schedule of the Sources and Dispositions of General Fund Authorizations with Supplemental Schedules for the two-year period ended September 30, 1998.

If you have any questions regarding this report, please contact me.

Sincerely,

Thomas H. McTavish, C.P.A.

Auditor General

The communication was referred to the Clerk.

 

 

The following communication from the Department of Consumer and Industry Services was received and read:

 

March 12, 1999

Pursuant to Section 324 of P.A. 306 of 1998, we are forwarding copies of our evaluation reports for juvenile residential facilities that are operated by the Family Independence Agency.

If you have any questions regarding this information, please feel free to contact me at 373-3892.

Sincerely,

John R. Suckow, C.P.A.

Director, Finance and Administrative Services

The communication was referred to the Clerk.

 

 

Quorum Call

 

 

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

The motion prevailed.

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

The following is the roll call:

 

 

Roll Call No. 77 Yeas--108

 

 
AllenFaunceKowallRichner
BairdGarciaKuipersRison
BashamGarzaKukukRivet
BirkholzGeigerLaForgeRocca
BisbeeGieleghemLaSataSanborn
BishopGilbertLawSchauer
BogardusGodchauxLemmonsSchermesser
BovinGosselinLockwoodScott
BradstreetGreenMansScranton
BraterHagerMartinezShackleton
BrewerHaleMeadSheltrown
Brown, B.HanleyMiddaughShulman
Brown, C.HansenMinoreSpade
BylHardmanMortimerStamas
CallahanHartNeumannSwitalski
CassisHowellO'NeilTabor
CaulJacobsPappageorgeTesanovich
CherryJamnickPattersonThomas
ClarkJansenPerriconeToy
ClarkeJelinekPestkaVan Woerkom
DanielsJellemaPriceVander Roest
DeHartJohnson, RickPrusiVaughn
DennisJohnson, RuthPumfordVear
DeRossettJulianQuarlesVoorhees
DeVuystKellyRaczkowskiWojno
DeWeeseKilpatrickReevesWoodward
EhardtKoetjeRichardvilleWoronchak

 

 

In The Chair: Birkholz

 

 

______

 

 

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

The motion prevailed.

 

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

The motion prevailed.

The Speaker assumed the Chair.

 

By unanimous consent the House returned to the order of

Second Reading of Bills

 

 

Senate Bill No. 297, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending sections 402 and 471a (MCL 380.402 and 380.471a), section 471a as amended by 1982 PA 71, and by adding part 5A and section 449.

Was read a second time, and the question being on the adoption of the proposed substitute (H-5) previously recommended by the Committee on Education,

The substitute (H-5) was adopted, a majority of the members serving voting therefor.

 

Rep. Clarke moved to amend the bill as follows:

1. Amend page 1, line 4, by striking out all of subdivision (A) and inserting:

"(A) "PRESIDENT" MEANS THE PRESIDENT OF THE MICHIGAN PUBLIC PURCHASING OFFICERS ASSOCIATION.".

2. Amend page 2, line 2, after the second "THE" by striking out "MAYOR" and inserting "PRESIDENT".

3. Amend page 2, line 7, after the first "THE" by striking out "MAYOR" and inserting "PRESIDENT".

4. Amend page 2, line 13, after the first "THE" by striking out "MAYOR" and inserting "PRESIDENT".

5. Amend page 2, line 14, by striking out "MAYOR" and inserting "PRESIDENT".

6. Amend page 2, line 15, after the second "THE" by striking out "MAYOR" and inserting "PRESIDENT".

7. Amend page 2, line 17, after the first "THE" by striking out "MAYOR" and inserting "PRESIDENT".

8. Amend page 2, line 20, after the second "THE" by striking out "MAYOR" and inserting "PRESIDENT".

9. Amend page 3, line 20, after the first "THE" by striking out "MAYOR" and inserting "PRESIDENT".

10. Amend page 3, line 20, after the second "THE" by striking out "MAYOR" and inserting "PRESIDENT".

11. Amend page 5, line 10, after the second "THE" by striking out "MAYOR" and inserting "PRESIDENT".

12. Amend page 6, line 2, after "THE" by striking out "MAYOR" and inserting "PRESIDENT".

13. Amend page 6, line 26, after "THE" by striking out "MAYOR" and inserting "PRESIDENT".

14. Amend page 7, line 10, after the second "THE" by striking out "MAYOR" and inserting "PRESIDENT".

15. Amend page 8, line 3, by striking out all of line 3 through "LOCATED)" on line 4 and inserting "PRESIDENT OF THE MICHIGAN PUBLIC PURCHASING OFFICERS ASSOCIATION".

16. Amend page 8, line 7, after the second "THE" by striking out "MAYOR" and inserting "PRESIDENT OF THE MICHIGAN PUBLIC PURCHASING OFFICERS ASSOCIATION".

17. Amend page 8, line 11, after "ESTABLISHING" by striking out "MAYORAL".

18. Amend page 8, line 20, after the second "THE" by striking out "MAYOR" and inserting "PRESIDENT".

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

 

Rep. Clarke moved to reconsider the vote by which the House did not adopt the amendments.

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

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

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

 

Rep. Clarke moved to amend the bill as follows:

1. Amend page 5, line 3, after "AGREEMENT." by inserting "SUBJECT TO AN APPEAL AS PROVIDED IN THIS SUBSECTION,".

2. Amend page 5, line 4, after "VOID." by inserting "IF THE REFORM SCHOOL BOARD TERMINATES A CONTRACT UNDER THIS SUBSECTION, THE VENDOR MAY APPEAL THE TERMINATION TO AN APPEALS SUBCOMMITTEE OF THE REFORM SCHOOL BOARD BY FILING A WRITTEN APPEAL WITH THE REFORM SCHOOL BOARD WITHIN 30 DAYS AFTER BEING NOTIFIED OF THE TERMINATION. THE SUBCOMMITTEE SHALL PROMPTLY CONDUCT A FAIR AND IMPARTIAL HEARING ON THE APPEAL AND MAY REINSTATE THE CONTRACT OR CONFIRM THE TERMINATION OF THE CONTRACT. THE SUBCOMMITTEE'S DECISION IS FINAL. THE SUBCOMMITTEE SHALL CONSIST OF 5 MEMBERS OF THE REFORM SCHOOL BOARD OR THEIR DESIGNEES.".

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

Rep. Clarke moved to amend the bill as follows:

1. Amend page 4, line 27, after "MAY" by inserting a comma and "WITH CAUSE,".

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

Rep. Clarke demanded the yeas and nays.

The demand was supported.

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

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

 

 

Roll Call No. 78 Yeas--46

 

 
BairdGarzaMartinezSchermesser
BashamGieleghemMinoreScott
BogardusHaleNeumannSheltrown
BovinHanleyO'NeilSpade
BraterHansenPestkaStallworth
BrewerHardmanPriceSwitalski
Brown, B.JacobsPrusiTesanovich
CallahanJamnickQuarlesThomas
ClarkKilpatrickReevesVaughn
ClarkeLaForgeRisonWojno
DanielsLemmonsSchauerWoodward

Dennis Lockwood

 

 

Nays--58

 

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

Garcia Koetje

 

 

In The Chair: Perricone

 

 

Rep. Bogardus moved to substitute (H-6) the bill.

The question being on the adoption of the substitute (H-6) offered by Rep. Bogardus,

Rep. Bogardus demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the substitute (H-6) offered by Rep. Bogardus,

The substitute (H-6) was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:

 

 

Roll Call No. 79 Yeas--50

 

 
BairdFrankMansSchauer
BashamGarzaMartinezSchermesser
BogardusGieleghemMinoreScott
BovinHaleNeumannSheltrown
BraterHanleyO'NeilSpade
BrewerHansenPestkaStallworth
Brown, B.HardmanPriceSwitalski
CallahanJacobsPrusiTesanovich
CherryJamnickQuarlesThomas
ClarkKilpatrickReevesVaughn
ClarkeLaForgeRisonWojno
DanielsLemmonsRoccaWoodward

Dennis Lockwood

 

 

Nays--57

 

 
AllenGeigerKoetjeRichardville
BirkholzGilbertKowallRichner
BisbeeGodchauxKuipersSanborn
BishopGosselinKukukScranton
BradstreetGreenLaSataShackleton
Brown, C.HagerLawShulman
BylHartMeadStamas
CassisHowellMiddaughTabor
CaulJansenMortimerToy
DeRossettJelinekPappageorgeVan Woerkom
DeVuystJellemaPattersonVander Roest
DeWeeseJohnson, RickPerriconeVear
EhardtJohnson, RuthPumfordVoorhees
FaunceJulianRaczkowskiWoronchak

Garcia

 

 

In The Chair: Perricone

 

 

Rep. Richner moved to amend the bill as follows:

1. Amend page 8, line 16, after "QUESTION" by inserting "EITHER UNDER SUBSECTION (1) OR PURSUANT TO SUBDIVISION (C)".

2. Amend page 8, line 24, after "APPROVED." by inserting "THE QUESTION MAY BE PLACED ON THE BALLOT AGAIN IN THE QUALIFYING SCHOOL DISTRICT UNDER THIS SUBDIVISION IF PETITIONS CALLING FOR THE QUESTION TO BE PLACED ON THE BALLOT ARE FILED WITH THE COUNTY CLERK FOR THE COUNTY IN WHICH THE QUALIFYING SCHOOL DISTRICT IS LOCATED NOT SOONER THAN 4 YEARS AFTER THE QUESTION WAS MOST RECENTLY ON THE BALLOT AND IF THE PETITIONS ARE SIGNED BY A NUMBER OF SCHOOL ELECTORS OF THE QUALIFYING SCHOOL DISTRICT AT LEAST EQUAL TO 10% OF THE NUMBER OF VOTES CAST WITHIN THE CITY IN WHICH THE QUALIFYING SCHOOL DISTRICT IS LOCATED FOR SECRETARY OF STATE IN THE MOST RECENT NOVEMBER GENERAL ELECTION IN WHICH A SECRETARY OF STATE WAS ELECTED. IF THOSE PETITIONS ARE SUBMITTED AND VERIFIED, THE QUESTION SHALL BE PLACED ON THE BALLOT IN THE QUALIFYING SCHOOL DISTRICT AT THE NEXT NOVEMBER GENERAL ELECTION OCCURRING AT LEAST 5 YEARS AFTER THE QUESTION WAS MOST RECENTLY ON THE BALLOT AND AT LEAST 90 DAYS AFTER THE PETITIONS ARE SUBMITTED AND VERIFIED.".

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

 

Rep. Lemmons moved to amend the bill as follows:

1. Amend page 1, line 4, by striking out all of subdivisions (A) and (B) and inserting:

"(A) "CHIEF LOCAL ELECTED OFFICIAL OF A QUALIFYING SCHOOL DISTRICT" MEANS THE CHIEF ELECTED OFFICIAL OF THE CITY, TOWNSHIP, OR VILLAGE IN WHICH A MAJORITY OF THE PUPILS OF A QUALIFYING SCHOOL DISTRICT RESIDE.

(B) "QUALIFYING SCHOOL DISTRICT" MEANS A SCHOOL DISTRICT LOCATED IN THIS STATE.".

2. Amend page 2, line 2, after the second "THE" by striking out "MAYOR" and inserting "CHIEF LOCAL ELECTED OFFICIAL OF A QUALIFYING SCHOOL DISTRICT".

3. Amend page 2, line 7, after the first "THE" by striking out "MAYOR" and inserting "CHIEF LOCAL ELECTED OFFICIAL OF A QUALIFYING SCHOOL DISTRICT".

4. Amend page 2, line 13, after the first "THE" by striking out "MAYOR" and inserting "CHIEF LOCAL ELECTED OFFICIAL OF A QUALIFYING SCHOOL DISTRICT".

5. Amend page 2, line 14, by striking out "MAYOR" and inserting "CHIEF LOCAL ELECTED OFFICIAL OF A QUALIFYING SCHOOL DISTRICT".

6. Amend page 2, line 15, after the second "THE" by striking out "MAYOR" and inserting "CHIEF LOCAL ELECTED OFFICIAL OF A QUALIFYING SCHOOL DISTRICT".

7. Amend page 2, line 17, after the first "THE" by striking out "MAYOR" and inserting "CHIEF LOCAL ELECTED OFFICIAL OF A QUALIFYING SCHOOL DISTRICT".

8. Amend page 2, line 20, after the second "THE" by striking out "MAYOR" and inserting "CHIEF LOCAL ELECTED OFFICIAL OF A QUALIFYING SCHOOL DISTRICT".

9. Amend page 3, line 20, after the first "THE" by striking out "MAYOR" and inserting "CHIEF LOCAL OFFICIAL OF A QUALIFYING SCHOOL DISTRICT".

10. Amend page 3, line 20, after the second "THE" by striking out "MAYOR" and inserting "CHIEF LOCAL ELECTED OFFICIAL OF A QUALIFYING SCHOOL DISTRICT".

11. Amend page 5, line 10, after the second "THE" by striking out "MAYOR" and inserting "CHIEF LOCAL ELECTED OFFICIAL OF A QUALIFYING SCHOOL DISTRICT".

12. Amend page 6, line 2, after "THE" by striking out "MAYOR" and inserting "CHIEF LOCAL ELECTED OFFICIAL OF A QUALIFYING SCHOOL DISTRICT".

13. Amend page 6, line 26, after "THE" by striking out "MAYOR" and inserting "CHIEF LOCAL ELECTED OFFICIAL OF A QUALIFYING SCHOOL DISTRICT".

14. Amend page 7, line 1, after "STATE," by striking out "THE CITY" and inserting "A LOCAL UNIT OF GOVERNMENT".

15. Amend page 7, line 10, after the second "THE" by striking out "MAYOR" and inserting "CHIEF LOCAL ELECTED OFFICIAL OF A QUALIFYING SCHOOL DISTRICT".

16. Amend page 8, line 3, by striking out all of line 3 through "LOCATED)" on line 4, and inserting "__________ (TITLE OF CHIEF LOCAL ELECTED OFFICIAL OF THE QUALIFYING SCHOOL DISTRICT)".

17. Amend page 8, line 7, after the second "THE" by striking out "MAYOR" and inserting "CHIEF LOCAL ELECTED OFFICIAL OF THE SCHOOL DISTRICT".

18. Amend page 8, line 11, after "ESTABLISHING" by striking out "MAYORAL".

19. Amend page 8, line 20, after the second "THE" by striking out "MAYOR" and inserting "CHIEF LOCAL ELECTED OFFICIAL OF THE QUALIFYING SCHOOL DISTRICT".

20. Amend page 13, following line 6, by inserting:

"SEC. 1209. ALL POWERS AND DUTIES OF A SCHOOL BOARD AND OF ITS OFFICERS ARE SUBJECT TO PART 5A.

Sec. 1229. (1) The board of a school district, other than a school district that was organized as a primary school district during the 1995-1996 school year, or intermediate school district shall employ a superintendent of schools, who shall meet the requirements of section 1246. The superintendent shall not be a member of the board. Employment of a superintendent shall be by written contract. The term of the superintendent's contract shall be fixed by the board, not to exceed 5 years. If written notice of nonrenewal of the contract of a superintendent is not given at least 90 days before the termination of the contract, the contract is renewed for an additional 1-year period.

(2) The board of a school district or intermediate school district may employ assistant superintendents, principals, assistant principals, guidance directors, and other administrators who do not assume tenure in that position under Act No. 4 of the Public Acts of the Extra Session of 1937, being sections 38.71 to 38.191 of the Michigan Compiled Laws 1937 (EX SESS) PA 4, MCL 38.71 TO 38.191. The employment shall be by written contract. The term of the employment contract shall be fixed by the board, not to exceed 3 years. The board shall prescribe the duties of a person described in this subsection. If written notice of nonrenewal of the contract of a person described in this subsection is not given at least 60 days before the termination date of the contract, the contract is renewed for an additional 1-year period.

(3) A notification of nonrenewal of contract of a person described in subsection (2) may be given only for a reason that is not arbitrary or capricious. The board shall not issue a notice of nonrenewal under this section unless the affected person has been provided with not less than 30 days' advance notice that the board is considering the nonrenewal together with a written statement of the reasons the board is considering the nonrenewal. After the issuance of the written statement, but before the nonrenewal statement is issued, the affected person shall be given the opportunity to meet with not less than a majority of the board to discuss the reasons stated in the written statement. The meeting shall be open to the public or a closed session, as the affected person elects under section 8 of the open meetings act, Act No. 267 of the Public Acts of 1976, being section 15.268 of the Michigan Compiled Laws 1976 PA 267, MCL 15.268. If the board fails to provide for a meeting with the board, or if a court finds that the reason for nonrenewal is arbitrary or capricious, the affected person's contract is renewed for an additional 1-year period. This subsection does not apply to the nonrenewal of the contract of a superintendent of schools described in subsection (1).

(4) THE EMPLOYMENT AND THE EMPLOYMENT CONTRACTS OF ALL SCHOOL DISTRICT ADMINISTRATORS ARE SUBJECT TO PART 5A.".

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

Rep. Lemmons demanded the yeas and nays.

The demand was supported.

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

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

 

 

Roll Call No. 80 Yeas--23

 

 
BogardusHaleLaForgeRison
BovinHansenLemmonsScott
ClarkHardmanLockwoodStallworth
ClarkeJacobsMinoreThomas
DanielsJamnickPriceVaughn
GarzaKilpatrickReeves

 

 

Nays--80

 

 
AllenEhardtKowallRocca
BairdFaunceKuipersSanborn
BashamFrankKukukSchermesser
BirkholzGarciaLaSataScranton
BisbeeGeigerLawShackleton
BishopGieleghemMartinezSheltrown
BradstreetGilbertMeadShulman
BraterGodchauxMiddaughSpade
BrewerGosselinMortimerStamas
Brown, B.GreenNeumannSwitalski
Brown, C.HagerPappageorgeTabor
BylHartPattersonTesanovich
CallahanHowellPerriconeToy
CassisJansenPestkaVan Woerkom
CaulJelinekPrusiVander Roest
CherryJellemaPumfordVear
DennisJohnson, RickQuarlesVoorhees
DeRossettJohnson, RuthRaczkowskiWojno
DeVuystJulianRichardvilleWoodward
DeWeeseKoetjeRichnerWoronchak

 

 

In The Chair: Perricone

 

Rep. Lemmons moved to amend the bill as follows:

1. Amend page 1, line 4, by striking out all of subdivision (A) and inserting:

"(A) "CITY CLERK" MEANS THE CITY CLERK OF THE CITY IN WHICH A QUALIFYING SCHOOL DISTRICT IS LOCATED.".

2. Amend page 2, line 2, after the second "THE" by striking out "MAYOR" and inserting "CITY CLERK".

3. Amend page 2, line 7, after the first "THE" by striking out "MAYOR" and inserting "CITY CLERK".

4. Amend page 2, line 13, after the first "THE" by striking out "MAYOR" and inserting "CITY CLERK".

5. Amend page 2, line 14, by striking out "MAYOR" and inserting "CITY CLERK".

6. Amend page 2, line 15, after the second "THE" by striking out "MAYOR" and inserting "CITY CLERK".

7. Amend page 2, line 17, after the first "THE" by striking out "MAYOR" and inserting "CITY CLERK".

8. Amend page 2, line 20, after the second "THE" by striking out "MAYOR" and inserting "CITY CLERK".

9. Amend page 3, line 20, after the first "THE" by striking out "MAYOR" and inserting "CITY CLERK".

10. Amend page 3, line 20, after the second "THE" by striking out "MAYOR" and inserting "CITY CLERK".

11. Amend page 5, line 10, after the second "THE" by striking out "MAYOR" and inserting "CITY CLERK".

12. Amend page 6, line 2, after "THE" by striking out "MAYOR" and inserting "CITY CLERK".

13. Amend page 6, line 26, after "THE" by striking out "MAYOR" and inserting "CITY CLERK".

14. Amend page 7, line 10, after the second "THE" by striking out "MAYOR" and inserting "CITY CLERK".

15. Amend page 8, line 3, by striking out "MAYOR" and inserting "CITY CLERK".

16. Amend page 8, line 7, after the second "THE" by striking out "MAYOR" and inserting "CITY CLERK".

17. Amend page 8, line 11, after "ESTABLISHING" by striking out "MAYORAL".

18. Amend page 8, line 20, after the second "THE" by striking out "MAYOR" and inserting "CITY CLERK".

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

 

Rep. Lemmons moved to amend the bill as follows:

1. Amend page 1, line 7, after "6" by inserting "THAT HAS ELECTED TO BECOME A QUALIFYING SCHOOL DISTRICT PURSUANT TO SECTION 377".

2. Amend page 3, line 10, after "BEGINNING" by striking out the balance of the line through "PART" on line 11 and inserting "10 DAYS AFTER THE QUESTION SUBMITTED UNDER SECTION 377 IS APPROVED BY THE SCHOOL ELECTORS AND THOSE ELECTION RESULTS ARE CERTIFIED".

3. Amend page 3, line 15, after "BEGINNING" by striking out the balance of the line through "PART" on line 16 and inserting "10 DAYS AFTER THE QUESTION SUBMITTED UNDER SECTION 377 IS APPROVED BY THE SCHOOL ELECTORS AND THOSE ELECTION RESULTS ARE CERTIFIED".

4. Amend page 5, line 5, after "BEGINNING" by striking out the balance of the line through "PART" on line 6 and inserting "10 DAYS AFTER THE QUESTION SUBMITTED UNDER SECTION 377 IS APPROVED BY THE SCHOOL ELECTORS AND THOSE ELECTION RESULTS ARE CERTIFIED".

5. Amend page 11, following line 4, by inserting:

"SEC. 377. (1) A FIRST CLASS SCHOOL DISTRICT IS NOT A QUALIFYING SCHOOL DISTRICT UNDER THIS PART, AND THIS PART DOES NOT APPLY TO THE FIRST CLASS SCHOOL DISTRICT, UNLESS THE QUESTION OF BECOMING A QUALIFYING SCHOOL DISTRICT IS APPROVED BY A MAJORITY OF THE SCHOOL ELECTORS OF THAT FIRST CLASS SCHOOL DISTRICT VOTING ON THE QUESTION. THE SCHOOL BOARD OF A FIRST CLASS SCHOOL DISTRICT SHALL SUBMIT THE QUESTION OF BECOMING A QUALIFYING SCHOOL DISTRICT TO THE SCHOOL ELECTORS OF THE FIRST CLASS SCHOOL DISTRICT AT A SPECIAL ELECTION TO BE HELD NOT LESS THAN 60 AND NOT MORE THAN 90 DAYS AFTER THE EFFECTIVE DATE OF THIS PART. THE QUESTION SHALL BE SUBMITTED IN SUBSTANTIALLY THE FOLLOWING FORM:

"SHALL ____________________ (INSERT NAME OF FIRST CLASS SCHOOL DISTRICT) BECOME A QUALIFYING SCHOOL DISTRICT UNDER PART 5A OF THE REVISED SCHOOL CODE, WHICH WOULD PROVIDE FOR A MAYORAL-APPOINTED REFORM SCHOOL BOARD IN PLACE OF THE ELECTED SCHOOL BOARD?

YES ( )

NO ( )".

(2) IF A MAJORITY OF THE SCHOOL ELECTORS OF A FIRST CLASS SCHOOL DISTRICT VOTING ON THE QUESTION UNDER SUBSECTION (1) VOTE IN FAVOR OF THE QUESTION, THE FIRST CLASS SCHOOL DISTRICT IS A QUALIFYING SCHOOL DISTRICT, AND THIS PART IS APPLICABLE TO THE FIRST CLASS SCHOOL DISTRICT, UPON CERTIFICATION OF THE ELECTION RESULTS.

(3) THIS STATE SHALL REIMBURSE A FIRST CLASS SCHOOL DISTRICT FOR THE COSTS OF THE SPECIAL ELECTION REQUIRED UNDER THIS SECTION.".

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

Rep. Lemmons demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 81 Yeas--48

 

 
BairdDennisLemmonsSchauer
BashamFrankLockwoodSchermesser
BogardusGarzaMartinezScott
BovinGieleghemMinoreSheltrown
BraterHaleNeumannSpade
BrewerHanleyO'NeilStallworth
Brown, B.HansenPestkaSwitalski
CallahanHardmanPriceTesanovich
CherryJacobsPrusiThomas
ClarkJamnickQuarlesVaughn
ClarkeKilpatrickReevesWojno
DanielsLaForgeRisonWoodward

 

 

Nays--58

 

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

Garcia Koetje

 

 

In The Chair: Perricone

 

Rep. Lemmons moved to amend the bill as follows:

1. Amend page 2, line 2, after "PART," by inserting "WITH THE APPROVAL OF THE CITY COUNCIL OF THE CITY IN WHICH THE QUALIFYING SCHOOL DISTRICT IS LOCATED,".

2. Amend page 4, line 12, after "PROJECTS." by inserting "EXPENDITURES ARE SUBJECT TO THE APPROVAL OF THE CITY COUNCIL OF THE CITY IN WHICH THE QUALIFYING SCHOOL DISTRICT IS LOCATED.".

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

Rep. Lemmons demanded the yeas and nays.

The demand was supported.

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

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

 

 

Roll Call No. 82 Yeas--45

 

 
BairdGarzaLockwoodSchauer
BashamGieleghemMansScott
BogardusHaleMartinezSheltrown
BovinHanleyMinoreSpade
BrewerHansenO'NeilStallworth
Brown, B.HardmanPriceSwitalski
CallahanJacobsPrusiTesanovich
CherryJamnickQuarlesThomas
ClarkKilpatrickReevesVaughn
ClarkeLaForgeRichnerWojno
DanielsLemmonsRisonWoodward

Dennis

 

 

Nays--61

 

 
AllenGarciaKoetjeRaczkowski
BirkholzGeigerKowallRichardville
BisbeeGilbertKuipersRocca
BishopGodchauxKukukSanborn
BradstreetGosselinLaSataSchermesser
BraterGreenLawScranton
Brown, C.HagerMeadShulman
BylHartMiddaughStamas
CassisHowellMortimerTabor
CaulJansenNeumannToy
DeRossettJelinekPappageorgeVan Woerkom
DeVuystJellemaPattersonVander Roest
DeWeeseJohnson, RickPerriconeVear
EhardtJohnson, RuthPestkaVoorhees
FaunceJulianPumfordWoronchak

Frank

 

 

In The Chair: Perricone

 

 

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

1. Amend page 1, line 7, after "6." by inserting "THE LEGISLATURE SHALL NOT AMEND THIS ACT TO ALLOW ANY OTHER SCHOOL DISTRICT TO BE A QUALIFYING SCHOOL DISTRICT OR OTHERWISE SUBJECT ANOTHER SCHOOL DISTRICT TO THE MEASURES DESCRIBED IN THIS PART UNTIL AFTER THE BALLOT QUESTION REQUIRED UNDER SECTION 375 IS APPROVED OR DISAPPROVED.".

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

Rep. Bob Brown demanded the yeas and nays.

The demand was supported.

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

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

The motion prevailed.

 

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

1. Amend page 7, line 15, after "(1)" by inserting "SUBJECT TO SECTION 377,".

2. Amend page 8, line 22, after "(C)" by inserting "SUBJECT TO SECTION 377,".

3. Amend page 11, following line 4, by inserting:

"SEC. 377. (1) AT LEAST ANNUALLY, THE STATE BOARD SHALL REVIEW THE PERFORMANCE AND SUCCESS OF A REFORM SCHOOL BOARD APPOINTED UNDER THIS PART.

(2) IF THE STATE BOARD DETERMINES PURSUANT TO A REVIEW CONDUCTED UNDER SUBSECTION (1) THAT A REFORM SCHOOL BOARD IS NOT MAKING SATISFACTORY PROGRESS TOWARD ACHIEVING THE GOALS AND BENCHMARKS IDENTIFIED IN THE DISTRICT IMPROVEMENT PLAN UNDER SECTION 373(6), THE STATE BOARD MAY ORDER THE QUESTION UNDER SECTION 375 TO BE PLACED ON THE BALLOT IN THE QUALIFYING SCHOOL DISTRICT AT THE NEXT NOVEMBER GENERAL ELECTION OR AT A SPECIAL ELECTION.

(3) IF THE STATE BOARD ORDERS THE BALLOT QUESTION AS DESCRIBED IN SUBSECTION (2), THE LOCAL ELECTIONS OFFICIALS SHALL PLACE THE QUESTION ON THE BALLOT IN THE QUALIFYING SCHOOL DISTRICT AT THE ELECTION SPECIFIED BY THE STATE BOARD IN THE MANNER OTHERWISE PROVIDED UNDER SECTION 375. SECTION 375(4) AND (5) APPLIES TO A BALLOT QUESTION ORDERED BY THE STATE BOARD UNDER SUBSECTION (2).".

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

Rep. Bob Brown demanded the yeas and nays.

The demand was supported.

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

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

 

 

Roll Call No. 83 Yeas--47

 

 
BairdDennisLemmonsSchermesser
BashamFrankLockwoodScott
BogardusGarzaMansSheltrown
BovinGieleghemMartinezSpade
BraterHaleMinoreStallworth
BrewerHanleyNeumannSwitalski
Brown, B.HansenO'NeilTesanovich
CallahanHardmanPestkaThomas
CherryJacobsPriceVaughn
ClarkJamnickPrusiWojno
ClarkeKilpatrickQuarlesWoodward
DanielsLaForgeSchauer

 

 

Nays--57

 

 
AllenGeigerKoetjeRichardville
BirkholzGilbertKowallRichner
BisbeeGodchauxKuipersRocca
BishopGosselinKukukSanborn
BradstreetGreenLaSataShackleton
Brown, C.HagerLawShulman
BylHartMeadStamas
CassisHowellMiddaughTabor
CaulJansenMortimerToy
DeRossettJelinekPappageorgeVan Woerkom
DeVuystJellemaPattersonVander Roest
DeWeeseJohnson, RickPerriconeVear
EhardtJohnson, RuthPumfordVoorhees
FaunceJulianRaczkowskiWoronchak

Garcia

 

 

In The Chair: Perricone

 

 

Rep. Hardman moved to amend the bill as follows:

1. Amend page 4, line 12, after "PROJECTS." by inserting "THE REFORM SCHOOL BOARD SHALL COMPLY WITH 1965 PA 166, MCL 408.551 TO 408.558, IN ALL CONSTRUCTION AND OTHER CAPITAL PROJECTS FUNDED BY BOND PROCEEDS.".

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

Rep. Hardman demanded the yeas and nays.

The demand was supported.

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

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

 

 

Roll Call No. 84 Yeas--69

 

 
AllenFaunceLaForgeRocca
BairdFrankLemmonsSchauer
BashamGarzaLockwoodSchermesser
BisbeeGieleghemMansScott
BogardusGilbertMartinezSheltrown
BovinHagerMinoreSpade
BraterHaleMortimerStallworth
BrewerHanleyNeumannSwitalski
Brown, B.HansenO'NeilTesanovich
CallahanHardmanPestkaThomas
CaulHowellPriceToy
CherryJacobsPrusiVan Woerkom
ClarkJamnickPumfordVaughn
ClarkeJohnson, RickQuarlesVoorhees
DanielsJulianReevesWojno
DennisKilpatrickRichardvilleWoodward
DeRossettKowallRisonWoronchak

Ehardt

 

 

Nays--36

 

 
BirkholzGeigerKuipersRichner
BishopGodchauxKukukSanborn
BradstreetGosselinLaSataScranton
Brown, C.HartMeadShackleton
BylJansenMiddaughShulman
CassisJelinekPappageorgeStamas
DeVuystJellemaPattersonTabor
DeWeeseJohnson, RuthPerriconeVander Roest
GarciaKoetjeRaczkowskiVear

 

 

In The Chair: Perricone

 

 

Rep. Hardman moved to amend the bill as follows:

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

"SEC. 470. (1) BEGINNING WITH A GENERAL SUPERINTENDENT ELECTED AT THE NOVEMBER 2000 GENERAL ELECTION, THE SUPERINTENDENT OF SCHOOLS OF A FIRST CLASS SCHOOL DISTRICT SHALL BE ELECTED BY THE SCHOOL ELECTORS OF THE FIRST CLASS SCHOOL DISTRICT. THE INITIAL ELECTED SUPERINTENDENT OF SCHOOLS SHALL BE ELECTED FOR A TERM OF 4 YEARS AT THE NOVEMBER 2000 GENERAL ELECTION. AN ELECTED SUPERINTENDENT OF SCHOOLS SHALL BE ELECTED AT THE NOVEMBER GENERAL ELECTION EVERY 4 YEARS THEREAFTER.

(2) THE QUALIFICATIONS AND THE PROCEDURES FOR NOMINATION, ELECTION, RECALL, AND VACANCY FOR AN ELECTED SUPERINTENDENT OF SCHOOLS OF A FIRST CLASS SCHOOL DISTRICT SHALL BE THE SAME AS FOR AN AT-LARGE SCHOOL BOARD MEMBER UNDER SECTION 411A.

(3) THE TERM OF OFFICE OF AN ELECTED SUPERINTENDENT OF SCHOOLS OF A FIRST CLASS SCHOOL DISTRICT COMMENCES JANUARY 1 FOLLOWING HIS OR HER ELECTION.".

2. Amend page 11, line 12, after "(1)" by striking out "The" and inserting "UNTIL AN ELECTED GENERAL SUPERINTENDENT TAKES OFFICE AS PROVIDED UNDER SECTION 470, THE".

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

Rep. Hardman moved that consideration of the amendments be postponed temporarily.

The motion prevailed.

 

Rep. Hale moved to amend the bill as follows:

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

"SEC. 373A. NOT LATER THAN 2 YEARS AFTER APPOINTMENT OF A REFORM SCHOOL BOARD UNDER THIS PART, THE REFORM SCHOOL BOARD SHALL DEVELOP AND FINALIZE PROPOSED PLANS FOR 10 TO 20 NEW SCHOOL BUILDINGS IN THE QUALIFYING SCHOOL DISTRICT, AND SUBMIT THOSE PROPOSED PLANS TO THE SCHOOL DISTRICT ACCOUNTABILITY BOARD CREATED IN SECTION 376 ALONG WITH RECOMMENDATIONS ON EXISTING RESOURCES THAT COULD BE USED AND ADDITIONAL RESOURCES NEEDED FOR CONSTRUCTION OF THE NEW SCHOOL BUILDINGS.".

2. Amend page 10, following line 19, by inserting:

"(D) NOT LATER THAN 6 MONTHS AFTER RECEIVING THE PROPOSED PLANS UNDER SECTION 373A, THE SCHOOL DISTRICT ACCOUNTABILITY BOARD SHALL MAKE RECOMMENDATIONS TO THE GOVERNOR FOR ADDITIONAL RESOURCES NEEDED FOR THE CONSTRUCTION OF THE PROPOSED NEW SCHOOL BUILDINGS.".

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

Rep. Hale demanded the yeas and nays.

The demand was supported.

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

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

 

 

Roll Call No. 85 Yeas--45

 

 
BairdGarzaLockwoodSchauer
BashamGieleghemMartinezSchermesser
BogardusHaleMinoreScott
BovinHanleyNeumannSheltrown
BraterHansenO'NeilSpade
BrewerHardmanPestkaStallworth
CallahanJacobsPriceSwitalski
CherryJamnickPrusiTesanovich
ClarkKellyQuarlesThomas
ClarkeLaForgeReevesVaughn
DanielsLemmonsRisonWoodward

Dennis

 

 

Nays--59

 

 
AllenGarciaKoetjeRocca
BirkholzGeigerKowallSanborn
BisbeeGilbertKuipersScranton
BishopGodchauxKukukShackleton
BradstreetGosselinLaSataShulman
Brown, B.GreenMeadStamas
Brown, C.HagerMiddaughTabor
BylHartMortimerToy
CassisHowellPappageorgeVan Woerkom
CaulJansenPattersonVander Roest
DeRossettJelinekPerriconeVear
DeVuystJellemaPumfordVoorhees
DeWeeseJohnson, RickRaczkowskiWojno
EhardtJohnson, RuthRichardvilleWoronchak
FaunceJulianRichner

 

 

In The Chair: Perricone

Rep. Hale moved to amend the bill as follows:

1. Amend page 2, line 24, after "APPROPRIATE." by striking out the balance of the subsection.

2. Amend page 3, line 6, by striking out all of subsection (8) and inserting:

"(8) THE REFORM SCHOOL BOARD IS THE FULL-TIME GOVERNING BODY OF THE QUALIFYING SCHOOL DISTRICT. A MEMBER OF A REFORM SCHOOL BOARD IS A FULL-TIME EMPLOYEE OF THE QUALIFYING SCHOOL DISTRICT AND IS REQUIRED TO WORK AT LEAST 40 HOURS PER WEEK ON BEHALF OF THE QUALIFYING SCHOOL DISTRICT, SUBJECT TO LEAVE POLICIES OF THE REFORM SCHOOL BOARD. THE REFORM SCHOOL BOARD SHALL ESTABLISH THE SALARY, BENEFITS, AND LEAVE POLICY FOR MEMBERS OF THE REFORM SCHOOL BOARD. THE SALARY SHALL BE AT LEAST COMPARABLE TO THE SALARY FOR AN OFFICER APPOINTED UNDER SECTION 374. THE REFORM SCHOOL BOARD SHALL MEET REGULARLY AS NECESSARY TO CARRY OUT ITS FUNCTION AS A FULL-TIME GOVERNING BODY FOR THE SCHOOL DISTRICT.".

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

Rep. Hale demanded the yeas and nays.

The demand was supported.

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

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

 

 

Roll Call No. 86 Yeas--18

 

 
CallahanHardmanPriceStallworth
ClarkeKellyPrusiTesanovich
DanielsLaForgeReevesThomas
GieleghemLemmonsScottVaughn

Hale Lockwood

 

 

Nays--83

 

 
AllenDeWeeseJulianRichner
BairdEhardtKoetjeRocca
BashamFaunceKowallSanborn
BirkholzFrankKuipersSchauer
BisbeeGarciaKukukSchermesser
BishopGarzaLaSataScranton
BogardusGilbertLawShackleton
BovinGodchauxMartinezSheltrown
BradstreetGosselinMeadShulman
BraterGreenMiddaughSpade
BrewerHagerMinoreStamas
Brown, B.HansenMortimerSwitalski
Brown, C.HartNeumannTabor
BylHowellPappageorgeToy
CassisJacobsPattersonVan Woerkom
CaulJamnickPerriconeVander Roest
CherryJansenPestkaVear
ClarkJelinekPumfordVoorhees
DennisJellemaQuarlesWojno
DeRossettJohnson, RickRaczkowskiWoronchak
DeVuystJohnson, RuthRichardville

 

 

In The Chair: Perricone

Rep. Hale moved to amend the bill as follows:

1. Amend page 6, following line 25, by inserting:

"(8) A REFORM SCHOOL BOARD APPOINTED UNDER THIS PART SHALL ENSURE THAT SUFFICIENT TEXTBOOKS AND OTHER SUPPLIES NEEDED BY A SCHOOL OF THE SCHOOL DISTRICT FOR AN ENTIRE SCHOOL YEAR ARE ON HAND AT THE SCHOOL NOT LATER THAN 30 CALENDAR DAYS AFTER THE BEGINNING OF THAT SCHOOL YEAR." and renumbering the remaining subsection.

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

Rep. Hale demanded the yeas and nays.

The demand was supported.

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

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

 

 

Roll Call No. 87 Yeas--56

 

 
BairdFaunceLockwoodSchermesser
BashamFrankMansScott
BisbeeGarzaMartinezSheltrown
BogardusGieleghemMinoreSpade
BovinHaleNeumannStallworth
BraterHanleyO'NeilSwitalski
BrewerHansenPestkaTesanovich
Brown, B.HardmanPriceThomas
CallahanHowellPrusiVan Woerkom
CaulJacobsQuarlesVaughn
ClarkJamnickReevesVoorhees
ClarkeKellyRisonWojno
DanielsLaForgeRoccaWoodward
DennisLemmonsSchauerWoronchak

 

 

Nays--49

 

 
AllenGodchauxKowallRaczkowski
BirkholzGosselinKuipersRichardville
BishopGreenKukukRichner
BradstreetHagerLaSataSanborn
Brown, C.HartLawScranton
BylJansenMeadShackleton
CassisJelinekMiddaughShulman
DeRossettJellemaMortimerStamas
DeVuystJohnson, RickPappageorgeTabor
DeWeeseJohnson, RuthPattersonToy
EhardtJulianPerriconeVander Roest
GarciaKoetjePumfordVear

Gilbert

 

 

In The Chair: Perricone

 

 

Rep. Hale moved to amend the bill as follows:

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

"SEC. 373A. A REFORM SCHOOL BOARD APPOINTED UNDER THIS PART SHALL ADDRESS THE IMPROVEMENT OF SCHOOL GROUNDS AND OF RECREATIONAL OPPORTUNITIES, EQUIPMENT, AND STAFF AVAILABLE ON SCHOOL GROUNDS. THE REFORM SCHOOL BOARD SHALL MAKE RECOMMENDATIONS TO THE SCHOOL DISTRICT ACCOUNTABILITY BOARD CREATED IN SECTION 376 CONCERNING ADDITIONAL RESOURCES NEEDED FOR THESE IMPROVEMENTS.".

2. Amend page 10, line 16, after "REFORM" by inserting "AND TO IMPROVE THE SCHOOLS AND FACILITIES OF THE QUALIFYING SCHOOL DISTRICT".

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

Rep. Hale demanded the yeas and nays.

The demand was supported.

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

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

 

 

Roll Call No. 88 Yeas--52

 

 
BairdFrankLaForgeRison
BashamGarzaLemmonsSchauer
BogardusGieleghemLockwoodSchermesser
BovinGreenMansScott
BraterHagerMartinezSheltrown
BrewerHaleMinoreSpade
Brown, B.HanleyNeumannStallworth
CallahanHansenO'NeilSwitalski
CherryHardmanPestkaTesanovich
ClarkJacobsPriceThomas
ClarkeJamnickPrusiVaughn
DanielsKellyQuarlesWojno
DennisKilpatrickReevesWoodward

 

 

Nays--55

 

 
AllenGarciaKuipersRocca
BirkholzGilbertKukukSanborn
BisbeeGodchauxLaSataScranton
BishopGosselinLawShackleton
BradstreetHartMeadShulman
Brown, C.HowellMiddaughStamas
BylJansenMortimerTabor
CassisJelinekPappageorgeToy
CaulJellemaPattersonVan Woerkom
DeRossettJohnson, RickPerriconeVander Roest
DeVuystJohnson, RuthPumfordVear
DeWeeseJulianRaczkowskiVoorhees
EhardtKoetjeRichardvilleWoronchak
FaunceKowallRichner

 

 

In The Chair: Perricone

 

 

Rep. Hale moved to amend the bill as follows:

1. Amend page 11, following line 4, by inserting:

"SEC. 377. THE LEGISLATURE SHALL APPROPRIATE TO A QUALIFYING SCHOOL DISTRICT SUFFICIENT FUNDS TO ALLOW THE QUALIFYING SCHOOL DISTRICT TO HIRE 1,000 NEW TEACHERS FOR THE 1999-2000 SCHOOL YEAR AND TO RETAIN THESE TEACHERS THEREAFTER. A REFORM SCHOOL BOARD SHALL USE THESE FUNDS TO HIRE 1,000 NEW TEACHERS FOR THE 1999-2000 SCHOOL YEAR AND TO RETAIN THOSE TEACHERS, AND SHALL ALLOCATE THESE NEW TEACHERS TO THE SCHOOLS THAT MOST NEED ADDITIONAL TEACHERS.".

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

Rep. Hale demanded the yeas and nays.

The demand was supported.

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

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

 

 

Roll Call No. 89 Yeas--38

 

 
BairdDennisKilpatrickRison
BashamGarzaLemmonsSchauer
BogardusGieleghemMartinezScott
BraterHaleMinoreSheltrown
BrewerHanleyNeumannStallworth
CallahanHansenPriceSwitalski
CherryHardmanPrusiThomas
ClarkJacobsQuarlesVaughn
ClarkeJamnickReevesWoodward

Daniels Kelly

 

 

Nays--62

 

 
AllenGeigerKuipersRocca
BirkholzGilbertKukukSanborn
BisbeeGodchauxLaSataScranton
BishopGosselinLockwoodShackleton
BradstreetGreenMeadShulman
Brown, B.HagerMiddaughSpade
Brown, C.HartMortimerStamas
BylHowellPappageorgeTabor
CassisJansenPattersonToy
CaulJelinekPerriconeVan Woerkom
DeRossettJellemaPestkaVander Roest
DeVuystJohnson, RickPumfordVear
DeWeeseJohnson, RuthRaczkowskiVoorhees
EhardtJulianRichardvilleWojno
FaunceKoetjeRichnerWoronchak

Garcia Kowall

 

 

In The Chair: Perricone

 

 

Rep. Hale moved to amend the bill as follows:

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

"SEC. 373A. A REFORM SCHOOL BOARD APPOINTED UNDER THIS PART SHALL ESTABLISH PARENT/TEACHER ADVOCATES WITHIN EACH VOTING DISTRICT OF THE QUALIFYING SCHOOL DISTRICT. A PARENT/TEACHER ADVOCATE SHALL WORK WITH PARENTS TO HELP BUILD CONSTRUCTIVE RELATIONSHIPS BETWEEN PARENTS AND TEACHERS AND TO FACILITATE GREATER PARENT INVOLVEMENT IN THE SCHOOLS GENERALLY.".

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

Rep. Hale demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 90 Yeas--55

 

 
BairdGarzaLemmonsSchermesser
BashamGieleghemLockwoodScott
BogardusGosselinMansSheltrown
BovinHagerMartinezSpade
BraterHaleMinoreStallworth
BrewerHanleyNeumannSwitalski
Brown, B.HansenO'NeilTesanovich
CallahanHardmanPestkaThomas
CherryJacobsPriceVander Roest
ClarkJamnickPrusiVaughn
ClarkeKellyQuarlesVoorhees
DanielsKilpatrickReevesWojno
DennisKowallRisonWoodward
FrankLaForgeSchauer

 

 

Nays--50

 

 
AllenGarciaKoetjeRichardville
BirkholzGeigerKuipersRichner
BisbeeGilbertKukukRocca
BishopGodchauxLaSataSanborn
BradstreetGreenMeadShackleton
Brown, C.HartMiddaughShulman
BylHowellMortimerStamas
CassisJansenPappageorgeTabor
CaulJelinekPattersonToy
DeRossettJellemaPerriconeVan Woerkom
DeVuystJohnson, RickPumfordVear
DeWeeseJohnson, RuthRaczkowskiWoronchak

Ehardt Julian

 

 

In The Chair: Perricone

 

 

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

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

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

The motion prevailed.

 

Rep. Hale moved to amend the bill as follows:

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

"SEC. 373A. A REFORM SCHOOL BOARD APPOINTED UNDER THIS PART SHALL ESTABLISH SOCIAL WORKER TEAMS THROUGHOUT THE QUALIFYING SCHOOL DISTRICT. THESE SOCIAL WORKER TEAMS SHALL ASSESS THE FAMILY AND SOCIAL NEEDS OF PUPILS AND SHALL PROVIDE SUPPORT SERVICES TO PUPILS AND THEIR FAMILIES.".

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

Rep. Hale demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 91 Yeas--42

 

 
BashamGarzaLemmonsQuarles
BogardusGieleghemLockwoodReeves
BovinHaleMartinezRison
BraterHanleyMinoreSchauer
BrewerHansenMortimerSchermesser
CallahanHardmanNeumannScott
CherryJacobsO'NeilStallworth
ClarkJamnickPestkaThomas
ClarkeKellyPriceVaughn
DanielsKilpatrickPrusiWoodward

Dennis LaForge

 

 

Nays--62

 

 
AllenGeigerKuipersScranton
BirkholzGilbertKukukShackleton
BisbeeGodchauxLaSataSheltrown
BishopGosselinLawShulman
BradstreetGreenMeadSpade
Brown, B.HagerMiddaughStamas
Brown, C.HartPappageorgeSwitalski
BylHowellPattersonTabor
CassisJansenPerriconeToy
CaulJelinekPumfordVan Woerkom
DeRossettJellemaRaczkowskiVander Roest
DeVuystJohnson, RickRichardvilleVear
DeWeeseJohnson, RuthRichnerVoorhees
EhardtJulianRoccaWojno
FaunceKoetjeSanbornWoronchak

Garcia Kowall

 

 

In The Chair: Perricone

 

 

Rep. Bogardus moved to amend the bill as follows:

1. Amend page 6, following line 25, by inserting:

"(D) LEVEL OF PARENTAL INVOLVEMENT.

(E) A COMPARISON OF GRADUATION RATES, DROPOUT RATES, AND ATTENDANCE RATES TO THE STATEWIDE AVERAGE FOR EACH.

(F) INFORMATION ON THE ADEQUACY OF FACILITIES AS MEASURED BY SAFETY, SIZE, AND OVERALL LEARNING ENVIRONMENT.

(G) INFORMATION ON THE QUALITY OF INSTRUCTIONAL STAFF, INCLUDING AT LEAST ALL OF THE FOLLOWING:

(i) NUMBER OF TEACHERS TEACHING IN A SUBJECT AREA IN WHICH HE OR SHE MAJORED.

(ii) ONGOING PROFESSIONAL DEVELOPMENT.

(iii) TEACHER EVALUATION PROCESS.

(iv) TEACHER KNOWLEDGE OF CORE ACADEMIC CURRICULUM CONTENT STANDARDS, AS MEASURED BY MICHIGAN EDUCATION ASSESSMENT PROGRAM (MEAP) TEST SCORES.

(v) TEACHER AVAILABILITY, AS MEASURED BY THE RATE OF USE AND AVAILABILITY OF SUBSTITUTE TEACHERS.

(H) INFORMATION ON THE ADEQUACY OF INSTRUCTIONAL MATERIALS, INCLUDING AT LEAST ALL OF THE FOLLOWING FACTORS:

(i) WHETHER TEXTBOOKS ARE CURRENT.

(ii) EQUITABLE DISTRIBUTION OF INSTRUCTIONAL MATERIALS THROUGHOUT SCHOOL DISTRICT.

(I) INFORMATION ON THE ADEQUACY OF THE CAREER PREPARATION SYSTEM, INCLUDING AT LEAST ALL OF THE FOLLOWING BENCHMARKS:

(i) AVAILABILITY OF TECHNOLOGY AND WHETHER THE TECHNOLOGY IS CURRENT.

(ii) STANDARDIZED TEST SCORES.

(iii) PERCENTAGE OF GRADUATING PUPILS ENTERING HIGHER LEARNING PROGRAMS.

(iv) OTHER BENCHMARKS ESTABLISHED BY THE DEPARTMENT FOR CAREER PREPARATION PROGRAMS.

(J) INFORMATION ON THE IMPLEMENTATION OF A CONTINUOUS IMPROVEMENT PROCESS.

(K) INFORMATION ON THE IMPLEMENTATION OF A BUILDING LEVEL DECISION MAKING PROCESS.". The question being on the adoption of the amendment offered by Rep. Bogardus,

Rep. Bogardus demanded the yeas and nays.

The demand was supported.

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

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

 

 

Roll Call No. 92 Yeas--50

 

 
BairdDeWeeseMansSchauer
BashamFrankMartinezSchermesser
BogardusGarzaMinoreScott
BovinGieleghemNeumannSheltrown
BraterHaleO'NeilSpade
BrewerHanleyPestkaStallworth
Brown, B.HansenPriceSwitalski
CallahanHardmanPrusiTesanovich
CherryJacobsQuarlesThomas
ClarkJamnickReevesVaughn
ClarkeKellyRisonWojno
DanielsKilpatrickRoccaWoodward

Dennis Lockwood

 

 

Nays--56

 

 
AllenGeigerKoetjeRichardville
BirkholzGilbertKowallRichner
BisbeeGodchauxKuipersSanborn
BishopGosselinKukukScranton
BradstreetGreenLaSataShackleton
Brown, C.HagerLawShulman
BylHartMeadStamas
CassisHowellMiddaughTabor
CaulJansenMortimerToy
DeRossettJelinekPappageorgeVan Woerkom
DeVuystJellemaPattersonVander Roest
EhardtJohnson, RickPerriconeVear
FaunceJohnson, RuthPumfordVoorhees
GarciaJulianRaczkowskiWoronchak

 

 

In The Chair: Perricone

 

 

Rep. Bogardus moved to amend the bill as follows:

1. Amend page 9, line 25, after "FOLLOWING" by striking out "5" and inserting "9".

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

"(D) ONE MEMBER WHO IS A MEMBER OF THE STATE BOARD, APPOINTED BY THE STATE BOARD.

(E) ONE MEMBER WHO IS A TEACHER EMPLOYED BY A SCHOOL DISTRICT, APPOINTED BY THE GOVERNOR WITH THE ADVICE AND CONSENT OF THE SENATE.

(F) ONE MEMBER WHO IS A SCHOOL ADMINISTRATOR EMPLOYED BY A SCHOOL DISTRICT, APPOINTED BY THE GOVERNOR WITH THE ADVICE AND CONSENT OF THE SENATE.

(G) ONE MEMBER REPRESENTING A STATE UNIVERSITY THAT HAS A TEACHER PREPARATION PROGRAM, APPOINTED BY THE GOVERNOR WITH THE ADVICE AND CONSENT OF THE SENATE." and relettering the remaining subdivision.

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

Rep. Bogardus demanded the yeas and nays.

The demand was supported.

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

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

 

 

Roll Call No. 93 Yeas--49

 

 
BairdFrankLockwoodSchauer
BashamGarzaMansSchermesser
BogardusGieleghemMartinezScott
BovinHaleMinoreSheltrown
BraterHanleyNeumannSpade
BrewerHansenO'NeilStallworth
Brown, B.HardmanPestkaSwitalski
CallahanJacobsPriceTesanovich
CherryJamnickPrusiThomas
ClarkKellyQuarlesVaughn
ClarkeLaForgeReevesWojno
DanielsLemmonsRisonWoodward

Dennis

 

 

Nays--58

 

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

Garcia Koetje

 

 

In The Chair: Perricone

 

 

Rep. Spade moved to amend the bill as follows:

1. Amend page 2, line 5, after "SECTION." by inserting "TO BE ELIGIBLE TO BE A MEMBER OF A REFORM SCHOOL BOARD, A PERSON MUST BE A SCHOOL ELECTOR OF THE QUALIFYING SCHOOL DISTRICT.".

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

Rep. Spade demanded the yeas and nays.

The demand was supported.

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

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

 

 

Roll Call No. 94 Yeas--51

 

 
BairdFrankLockwoodSchermesser
BashamGarzaMansScott
BogardusGieleghemMartinezSheltrown
BovinHaleMinoreSpade
BradstreetHanleyNeumannStallworth
BrewerHansenO'NeilSwitalski
Brown, B.HardmanPestkaTesanovich
CallahanJacobsPriceThomas
CherryJamnickPrusiVander Roest
ClarkKellyQuarlesVaughn
ClarkeKowallReevesWojno
DanielsLaForgeRisonWoodward
DennisLemmonsSchauer

 

 

Nays--54

 

 
AllenGeigerKoetjeRichardville
BirkholzGilbertKuipersRichner
BisbeeGodchauxKukukRocca
BishopGosselinLaSataSanborn
Brown, C.GreenLawShackleton
BylHagerMeadShulman
CassisHartMiddaughStamas
CaulHowellMortimerTabor
DeRossettJansenPappageorgeToy
DeVuystJelinekPattersonVan Woerkom
DeWeeseJellemaPerriconeVear
EhardtJohnson, RickPumfordVoorhees
FaunceJohnson, RuthRaczkowskiWoronchak

Garcia Julian

 

 

In The Chair: Perricone

 

 

Rep. Vaughn moved to amend the bill as follows:

1. Amend page 1, line 4, after the first "MAYOR" by inserting "OR RECEIVOR".

2. Amend page 1, line 4, after "CITY" by inserting "OR APPOINTED RECEIVOR".

3. Amend page 1, line 6, after "MEANS" by striking out "A" and inserting "ANY".

4. Amend page 1, line 6, after the second "DISTRICT" by striking out the balance of the sentence and inserting "IN THE STATE OF MICHIGAN.".

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

Rep. Vaughn demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 95 Yeas--14

 

 
DanielsJacobsReevesStallworth
GarzaKellyRisonThomas
HaleLaForgeScottVaughn

Hardman Lemmons

 

 

Nays--81

 

 
AllenFaunceKowallRocca
BashamFrankKuipersSanborn
BirkholzGarciaKukukSchauer
BisbeeGeigerLaSataSchermesser
BishopGilbertLawScranton
BogardusGodchauxLockwoodShackleton
BovinGosselinMeadSheltrown
BradstreetGreenMiddaughShulman
BrewerHagerMortimerSpade
Brown, B.HansenNeumannStamas
Brown, C.HartO'NeilSwitalski
BylHowellPappageorgeTabor
CallahanJamnickPattersonToy
CassisJansenPerriconeVan Woerkom
CaulJelinekPestkaVander Roest
CherryJellemaPriceVear
ClarkeJohnson, RickPumfordVoorhees
DennisJohnson, RuthRaczkowskiWojno
DeRossettJulianRichardvilleWoodward
DeVuystKoetjeRichnerWoronchak

DeWeese

 

 

In The Chair: Perricone

 

 

______

 

 

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

The motion prevailed.

 

Rep. Vaughn moved to amend the bill as follows:

1. Amend page 2, line 1, after "(1)" by inserting "FORTY FIVE DAYS PRIOR TO THE EFFECTIVE DATE OF THE AMENDATORY ACT THAT ADDED THIS PART, THE MICHIGAN DEPARTMENT OF EDUCATION SHALL DESIGN THE CRITERIA TO BE USED FOR ALLOWING A SCHOOL DISTRICT TO BE TAKEN OVER BY ITS MAYOR OR APPOINTED RECEIVOR.

(2)" and renumbering the remaining subsections.

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

Rep. Vaughn demanded the yeas and nays.

The demand was supported.

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

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

 

 

Roll Call No. 96 Yeas--35

 

 
BairdDennisLemmonsSchauer
BashamGarzaLockwoodSchermesser
BraterHaleMartinezScott
BrewerHanleyMinoreSwitalski
CallahanHansenO'NeilTesanovich
CherryHardmanPriceThomas
ClarkJacobsQuarlesVaughn
ClarkeKellyReevesWoodward
DanielsLaForgeRison

 

 

Nays--69

 

 
AllenGarciaKoetjeRichner
BirkholzGeigerKowallRocca
BisbeeGieleghemKuipersSanborn
BishopGilbertKukukScranton
BogardusGodchauxLaSataShackleton
BovinGosselinLawSheltrown
BradstreetGreenMeadShulman
Brown, B.HagerMiddaughSpade
Brown, C.HartMortimerStamas
BylHowellNeumannTabor
CassisJamnickPappageorgeToy
CaulJansenPattersonVan Woerkom
DeRossettJelinekPerriconeVander Roest
DeVuystJellemaPestkaVear
DeWeeseJohnson, RickPumfordVoorhees
EhardtJohnson, RuthRaczkowskiWojno
FaunceJulianRichardvilleWoronchak

Frank

 

 

In The Chair: Perricone

 

 

Rep. Schauer moved to reconsider the vote by which the House did not adopt the amendment offered previously by Rep. Spade.

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

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

The motion prevailed.

 

Rep. Vaughn moved to amend the bill as follows:

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

"(3) FOR A PERIOD TWO YEARS AFTER THE EFFECTIVE DATE OF THIS ACT, NO CURRENT MEMBER OF THE SCHOOL BOARD MAY BECOME A MEMBER OF THE REFORM SCHOOL BOARD." and renumbering the remaining subsections.

2. Amend page 2, line 6, after "BOARD" by inserting "SHALL BE RESIDENTS OF THE SCHOOL DISTRICT THAT IS TO BE TAKEN OVER AND".

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

 

Rep. Vaughn moved to amend the bill as follows:

1. Amend page 2, line 2, after "MAYOR" by inserting "OR APPOINTED RECEIVOR".

2. Amend page 2, line 7, after "MAYOR" by inserting "OR APPOINTED RECEIVOR".

3. Amend page 2, line 13, after "MAYOR" by inserting "OR APPOINTED RECEIVOR".

4. Amend page 2, line 14, after "MAYOR" by inserting "OR APPOINTED RECEIVOR".

5. Amend page 2, line 15, after "MAYOR" by inserting "OR APPOINTED RECEIVOR".

6. Amend page 2, line 17, after "MAYOR" by inserting "OR APPOINTED RECEIVOR".

7. Amend page 2, line 20, after "MAYOR" by inserting "OR APPOINTED RECEIVOR".

8. Amend page 3, line 20, after "MAYOR" by inserting "OR APPOINTED RECEIVOR".

9. Amend page 5, line 10, after "MAYOR" by inserting "OR APPOINTED RECEIVOR".

10. Amend page 6, line 2, after after "MAYOR" by inserting "OR APPOINTED RECEIVOR".

11. Amend page 6, line 26, after "MAYOR" by inserting "OR APPOINTED RECEIVOR".

12. Amend page 7, line 10, after "MAYOR" by inserting "OR APPOINTED RECEIVOR".

13. Amend page 8, line 7, after "MAYOR" by inserting "OR APPOINTED RECEIVOR".

14. Amend page 8, line 20, after "MAYOR" by inserting "OR APPOINTED RECEIVOR".

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

Rep. Vaughn demanded the yeas and nays.

The demand was supported.

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

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

 

 

Roll Call No. 97 Yeas--22

 

 
BairdGarzaLaForgeSchauer
BrewerHaleLemmonsScott
ClarkHardmanMinoreStallworth
ClarkeJacobsReevesThomas
DanielsKellyRisonVaughn

Dennis Kilpatrick

 

 

Nays--80

 

 
AllenGarciaKuipersRocca
BashamGeigerKukukSanborn
BirkholzGieleghemLaSataSchermesser
BisbeeGilbertLawScranton
BishopGodchauxLockwoodShackleton
BogardusGosselinMeadSheltrown
BovinGreenMiddaughShulman
BradstreetHagerMortimerSpade
Brown, B.HansenNeumannStamas
Brown, C.HartO'NeilSwitalski
BylHowellPappageorgeTabor
CallahanJamnickPattersonTesanovich
CassisJansenPerriconeToy
CaulJelinekPestkaVan Woerkom
DeRossettJellemaPriceVander Roest
DeVuystJohnson, RickPrusiVear
DeWeeseJohnson, RuthPumfordVoorhees
EhardtJulianRaczkowskiWojno
FaunceKoetjeRichardvilleWoodward
FrankKowallRichnerWoronchak

 

 

In The Chair: Perricone

 

 

Rep. Vaughn moved to amend the bill as follows:

1. Amend page 4, line 10, after "OF" by striking out "ALL".

2. Amend page 4, line 11, after "FUNDS" by striking out the balance of the subdivision and inserting a period and "HOWEVER, A REFORM SCHOOL BOARD SHALL NOT EXPEND ANY FUNDS FROM THE PROCEEDS FROM BONDED INDEBTEDNESS EXCEPT PURSUANT TO A CONTRACT EXECUTED BEFORE THE EFFECTIVE DATE OF THIS PART.".

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

Rep. Vaughn demanded the yeas and nays.

The demand was supported.

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

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

 

 

Roll Call No. 98 Yeas--36

 

 
BashamGarzaLemmonsSchermesser
BogardusHaleMartinezScott
BovinHansenNeumannSheltrown
BrewerHardmanO'NeilStallworth
ClarkJacobsPriceSwitalski
ClarkeJamnickPrusiTesanovich
DanielsKellyQuarlesThomas
DennisKilpatrickReevesVaughn
FrankLaForgeSchauerWoodward

 

 

Nays--62

 

 
AllenGilbertKukukRocca
BirkholzGodchauxLaSataSanborn
BisbeeGosselinLockwoodScranton
BishopGreenMeadShackleton
BradstreetHagerMiddaughShulman
Brown, B.HartMinoreSpade
Brown, C.HowellMortimerStamas
CallahanJansenPappageorgeTabor
CassisJelinekPattersonToy
CaulJellemaPerriconeVan Woerkom
DeRossettJohnson, RickPestkaVander Roest
DeVuystJohnson, RuthPumfordVear
DeWeeseJulianRaczkowskiVoorhees
FaunceKoetjeRichardvilleWojno
GarciaKowallRichnerWoronchak

Geiger Kuipers

 

 

In The Chair: Perricone

 

 

Rep. Vaughn moved to amend the bill as follows:

1. Amend page 11, line 6, after "LEAST" by striking out "100,000,000" and inserting "100".

2. Amend page 11, line 8, by striking out "FIRST CLASS".

3. Amend page 11, line 10, by striking out "FIRST CLASS".

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

 

 

______

 

 

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

Rep. Patterson moved to amend the bill as follows:

1. Amend page 7, line 6, by striking out all of section 374 and inserting:

"SEC. 374. (1) A REFORM SCHOOL BOARD APPOINTED UNDER THIS PART SHALL APPOINT FOR THE QUALIFYING SCHOOL DISTRICT A CHIEF EXECUTIVE OFFICER. THE CHIEF EXECUTIVE OFFICER IS EMPLOYED AT THE WILL OF THE REFORM SCHOOL BOARD.

(2) THE CHIEF EXECUTIVE OFFICER, WITH THE APPROVAL OF THE REFORM SCHOOL BOARD, SHALL APPOINT FOR THE QUALIFYING SCHOOL DISTRICT A CHIEF FINANCIAL OFFICER, CHIEF ACADEMIC OFFICER, CHIEF OPERATIONS OFFICER, AND CHIEF PURCHASING OFFICER. THESE OFFICERS ARE EMPLOYED AT THE WILL OF THE CHIEF EXECUTIVE OFFICER.

(3) IF A VACANCY OCCURS IN A POSITION DESCRIBED IN THIS SECTION, A SUCCESSOR SHALL BE APPOINTED IN THE SAME MANNER AS THE ORIGINAL APPOINTMENT.".

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

Rep. Patterson demanded the yeas and nays.

The demand was supported.

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

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

 

 

Roll Call No. 99 Yeas--77

 

 
AllenFrankJulianPumford
BashamGarciaKellyRaczkowski
BirkholzGarzaKilpatrickRichardville
BisbeeGeigerKoetjeRichner
BishopGilbertKowallRocca
BradstreetGodchauxKuipersSanborn
BrewerGosselinKukukScranton
Brown, B.GreenLaForgeShackleton
Brown, C.HagerLaSataShulman
BylHanleyLawSpade
CassisHansenLemmonsStamas
CaulHartMeadTabor
ClarkHowellMiddaughToy
ClarkeJacobsMortimerVan Woerkom
DanielsJansenNeumannVander Roest
DeRossettJelinekPappageorgeVear
DeVuystJellemaPattersonVoorhees
DeWeeseJohnson, RickPerriconeWojno
EhardtJohnson, RuthPestkaWoronchak

Faunce

 

 

Nays--27

 

 
BairdGieleghemO'NeilStallworth
BogardusHalePriceSwitalski
BovinHardmanPrusiTesanovich
BraterJamnickReevesThomas
CallahanLockwoodSchauerVaughn
CherryMartinezScottWoodward
DennisMinoreSheltrown

 

 

In The Chair: Perricone

 

 

Rep. Frank moved to amend the bill as follows:

1. Amend page 11, following line 4, by inserting:

"SEC. 377. IN ORDER TO REDUCE CLASS SIZE IN GRADES K TO 3 STATEWIDE TO A RATIO OF NOT MORE THAN 17 PUPILS FOR EACH TEACHER, THE LEGISLATURE SHALL APPROPRIATE TO THE SCHOOL DISTRICTS OF THIS STATE AN AMOUNT SUFFICIENT TO HIRE 5,000 NEW TEACHERS STATEWIDE FOR THE 1999-2000 SCHOOL YEAR AND TO RETAIN THOSE TEACHERS THEREAFTER.".

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

Rep. Frank demanded the yeas and nays.

The demand was supported.

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

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

 

 

Roll Call No. 100 Yeas--63

 

 
BairdGarzaLaForgeSchauer
BashamGieleghemLemmonsSchermesser
BisbeeGilbertLockwoodScott
BogardusGreenMartinezShackleton
BovinHagerMiddaughSheltrown
BraterHaleMinoreSpade
BrewerHanleyNeumannStallworth
Brown, B.HansenO'NeilSwitalski
CallahanHardmanPestkaTesanovich
CaulHowellPriceThomas
CherryJacobsPrusiVan Woerkom
ClarkJamnickQuarlesVaughn
DanielsJulianReevesWojno
DennisKellyRichardvilleWoodward
FaunceKilpatrickRisonWoronchak
FrankKowallRocca

 

 

Nays--43

 

 
AllenGarciaKuipersRichner
BirkholzGeigerKukukSanborn
BishopGodchauxLaSataScranton
BradstreetGosselinLawShulman
Brown, C.HartMeadStamas
BylJansenMortimerTabor
CassisJelinekPappageorgeToy
DeRossettJellemaPattersonVander Roest
DeVuystJohnson, RickPerriconeVear
DeWeeseJohnson, RuthPumfordVoorhees
EhardtKoetjeRaczkowski

 

 

In The Chair: Perricone

 

 

Rep. Hale moved to amend the bill as follows:

1. Amend page 11, following line 4, following section 377, by inserting:

"SEC. 378. THE LEGISLATURE SHALL APPROPRIATE SUFFICIENT FUNDS EACH FISCAL YEAR TO A QUALIFYING SCHOOL DISTRICT FOR ADULT EDUCATION PROGRAMS TO ENSURE THAT ADULT EDUCATION FUNDING FOR THE QUALIFYING SCHOOL DISTRICT IS AT LEAST AT THE SAME LEVEL AS IN THE 1995-96 STATE FISCAL YEAR.".

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

Rep. Hale demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 101 Yeas--41

 

 
BairdGarzaLemmonsSchauer
BashamGieleghemLockwoodSchermesser
BogardusHaleMartinezScott
BovinHansenMinoreStallworth
BraterHardmanO'NeilSwitalski
BrewerJacobsPriceTesanovich
CherryJamnickPrusiThomas
ClarkKellyQuarlesVaughn
ClarkeKowallReevesWojno
DanielsLaForgeRisonWoodward

Dennis

 

 

Nays--64

 

 
AllenFrankKoetjeRichner
BirkholzGarciaKuipersRocca
BisbeeGeigerKukukSanborn
BishopGilbertLaSataScranton
BradstreetGodchauxLawShackleton
Brown, B.GosselinMeadSheltrown
Brown, C.GreenMiddaughShulman
BylHagerMortimerSpade
CallahanHartNeumannStamas
CassisHowellPappageorgeTabor
CaulJansenPattersonToy
DeRossettJelinekPerriconeVan Woerkom
DeVuystJellemaPestkaVander Roest
DeWeeseJohnson, RickPumfordVear
EhardtJohnson, RuthRaczkowskiVoorhees
FaunceJulianRichardvilleWoronchak

 

 

In The Chair: Perricone

 

 

Rep. Bovin moved to amend the bill as follows:

1. Amend page 13, following line 6, by inserting:

"Enacting section 1. It is the intent of the legislature that at least 1/3 of the money received by this state attributable to the master settlement agreement incorporated into the consent decree and final judgment entered on December 7, 1998 in Kelley ex rel. Michigan v Phillip Morris Incorporated, et al., Ingham County Circuit Court, docket no. 96-84281CZ, shall be appropriated to the state school aid fund to be used for K-12 education.".

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

Rep. Bovin demanded the yeas and nays.

The demand was supported.

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

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

 

 

Roll Call No. 102 Yeas--54

 

 
BashamGieleghemLockwoodScott
BogardusGilbertMartinezShackleton
BovinGreenMinoreSheltrown
BraterHaleNeumannShulman
BrewerHanleyO'NeilSpade
Brown, B.HansenPestkaStallworth
CallahanHardmanPriceSwitalski
CherryJacobsPrusiTesanovich
ClarkJamnickQuarlesThomas
ClarkeKellyReevesVaughn
DanielsKilpatrickRisonVoorhees
DennisKowallSchauerWojno
FrankLaForgeSchermesserWoodward

Garza Lemmons

 

 

Nays--50

 

 
AllenGarciaKoetjeRichardville
BirkholzGeigerKuipersRichner
BisbeeGodchauxKukukRocca
BishopGosselinLaSataSanborn
BradstreetHagerMeadScranton
Brown, C.HartMiddaughStamas
BylHowellMortimerTabor
CassisJansenPappageorgeToy
CaulJelinekPattersonVan Woerkom
DeRossettJellemaPerriconeVander Roest
DeVuystJohnson, RickPumfordVear
DeWeeseJohnson, RuthRaczkowskiWoronchak

Ehardt Julian

 

 

In The Chair: Perricone

 

 

______

 

 

Rep. Frank moved that Reps. Neumann and Pestka be excused temporarily from today's session.

The motion prevailed.

 

Rep. Jacobs moved to amend the bill as follows:

1. Amend page 1, line 2, after "OF" by striking out "REFORM SCHOOL" and inserting "SCHOOL REFORM".

2. Amend page 2, line 3, after the first "A" by striking out "REFORM SCHOOL" and inserting "SCHOOL REFORM".

3. Amend page 2, line 4, after "A" by striking out "REFORM SCHOOL" and inserting "SCHOOL REFORM".

4. Amend page 2, line 6, after "A" by striking out "REFORM SCHOOL" and inserting "SCHOOL REFORM".

5. Amend page 2, line 12, after the second "A" by striking out "REFORM SCHOOL" and inserting "SCHOOL REFORM".

6. Amend page 2, line 17, after the third "THE" by striking out "REFORM SCHOOL" and inserting "SCHOOL REFORM".

7. Amend page 2, line 18, after "THE" by striking out "REFORM SCHOOL" and inserting "SCHOOL REFORM".

8. Amend page 2, line 22, after the second "THE" by striking out "REFORM SCHOOL" and inserting "SCHOOL REFORM".

9. Amend page 2, line 23, by striking out "REFORM SCHOOL" and inserting "SCHOOL REFORM".

10. Amend page 2, line 25, after "THE" by striking out "REFORM SCHOOL" and inserting "SCHOOL REFORM".

11. Amend page 3, line 1, after the second "THE" by striking out "REFORM SCHOOL" and inserting "SCHOOL REFORM".

12. Amend page 3, line 3, after the first "THE" by striking out "REFORM SCHOOL" and inserting "SCHOOL REFORM".

13. Amend page 3, line 4, after "THE" by striking out "REFORM SCHOOL" and inserting "SCHOOL REFORM".

14. Amend page 3, line 6, after "THE" by striking out "REFORM SCHOOL" and inserting "SCHOOL REFORM".

15. Amend page 3, line 9, after "THE" by striking out "REFORM SCHOOL" and inserting "SCHOOL REFORM".

16. Amend page 3, line 16, after "A" by striking out "REFORM SCHOOL" and inserting "SCHOOL REFORM".

17. Amend page 3, line 19, after the second "THE" by striking out "REFORM SCHOOL" and inserting "SCHOOL REFORM".

18. Amend page 3, line 23, after "THE" by striking out "REFORM SCHOOL" and inserting "SCHOOL REFORM".

19. Amend page 3, line 25, after the first "A" by striking out "REFORM SCHOOL" and inserting "SCHOOL REFORM".

20. Amend page 4, line 1, after the first "THE" by striking out "REFORM SCHOOL" and inserting "SCHOOL REFORM".

21. Amend page 4, line 2, by striking out "REFORM SCHOOL" and inserting "SCHOOL REFORM".

22. Amend page 4, line 5, after "THE" by striking out "REFORM SCHOOL" and inserting "SCHOOL REFORM".

23. Amend page 4, line 22, after "THE" by striking out "REFORM SCHOOL" and inserting "SCHOOL REFORM".

24. Amend page 4, line 24, after "THE" by striking out "REFORM SCHOOL" and inserting "SCHOOL REFORM".

25. Amend page 4, line 26, after "A" by striking out "REFORM SCHOOL" and inserting "SCHOOL REFORM".

26. Amend page 5, line 3, after the second "A" by striking out "REFORM SCHOOL" and inserting "SCHOOL REFORM".

27. Amend page 5, line 6, after "A" by striking out "REFORM SCHOOL" and inserting "SCHOOL REFORM".

28. Amend page 5, line 10, after "A" by striking out "REFORM SCHOOL" and inserting "SCHOOL REFORM".

29. Amend page 5, line 14, after "THE" by striking out "REFORM SCHOOL" and inserting "SCHOOL REFORM".

30. Amend page 5, line 16, after "A" by striking out "REFORM SCHOOL" and inserting "SCHOOL REFORM".

31. Amend page 5, line 17, after "THE" by striking out "REFORM SCHOOL" and inserting "SCHOOL REFORM".

32. Amend page 6, line 1, after "A" by striking out "REFORM SCHOOL" and inserting "SCHOOL REFORM".

33. Amend page 6, line 12, after the second "THE" by striking out "REFORM SCHOOL" and inserting "SCHOOL REFORM".

34. Amend page 7, line 2, after "A" by striking out "REFORM SCHOOL" and inserting "SCHOOL REFORM".

35. Amend page 7, line 6, section 374, subsection (1), after the first "A" by striking out "REFORM SCHOOL" and inserting "SCHOOL REFORM".

36. Amend page 7, section 374, subsection (1), after the third "THE" by striking out "REFORM SCHOOL" and inserting "SCHOOL REFORM".

37. Amend page 7, section 374, subsection (2), after the third "THE" by striking out "REFORM SCHOOL" and inserting "SCHOOL REFORM".

38. Amend page 7, line 16, after the first "A" by striking out "REFORM SCHOOL" and inserting "SCHOOL REFORM".

39. Amend page 7, line 18, after the first "THE" by striking out "REFORM SCHOOL" and inserting "SCHOOL REFORM".

40. Amend page 7, line 19, after the first "THE" by striking out "REFORM SCHOOL" and inserting "SCHOOL REFORM".

41. Amend page 7, line 25, by striking out "REFORM SCHOOL" and inserting "SCHOOL REFORM".

42. Amend page 8, line 1, after "THE" by striking out "REFORM SCHOOL" and inserting "SCHOOL REFORM".

43. Amend page 8, line 5, by striking out "REFORM SCHOOL" and inserting "SCHOOL REFORM".

44. Amend page 8, line 6, by striking out "REFORM SCHOOL" and inserting "SCHOOL REFORM".

45. Amend page 8, line 8, after the first "THE" by striking out "REFORM SCHOOL" and inserting "SCHOOL REFORM".

46. Amend page 8, line 11, after "A" by striking out "REFORM SCHOOL" and inserting "SCHOOL REFORM".

47. Amend page 8, line 18, after the first "THE" by striking out "REFORM SCHOOL" and inserting "SCHOOL REFORM".

48. Amend page 8, line 21, by striking out "REFORM SCHOOL" and inserting "SCHOOL REFORM".

49. Amend page 9, line 1, after "THE" by striking out "REFORM SCHOOL" and inserting "SCHOOL REFORM".

50. Amend page 9, line 14, after the second "THE" by striking out "REFORM SCHOOL" and inserting "SCHOOL REFORM".

51. Amend page 9, line 17, after the second "THE" by striking out "REFORM SCHOOL" and inserting "SCHOOL REFORM".

52. Amend page 10, line 9, after "A" by striking out "REFORM SCHOOL" and inserting "SCHOOL REFORM".

53. Amend page 10, line 12, after the second "THE" by striking out "REFORM SCHOOL" and inserting "SCHOOL REFORM".

54. Amend page 10, line 15, after the second "THE" by striking out "REFORM SCHOOL" and inserting "SCHOOL REFORM".

55. Amend page 10, line 22, after "A" by striking out "REFORM SCHOOL" and inserting "SCHOOL REFORM".

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

Rep. Jacobs demanded the yeas and nays.

The demand was supported.

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

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

 

 

Roll Call No. 103 Yeas--100

 

 
AllenFaunceKellyRichner
BashamFrankKilpatrickRison
BirkholzGarciaKoetjeRocca
BisbeeGarzaKowallSanborn
BishopGeigerKuipersSchauer
BogardusGieleghemLaForgeSchermesser
BovinGilbertLaSataScott
BradstreetGodchauxLawScranton
BraterGosselinLemmonsShackleton
BrewerGreenLockwoodSheltrown
Brown, B.HagerMartinezShulman
Brown, C.HaleMeadSpade
BylHanleyMiddaughStallworth
CallahanHansenMinoreStamas
CassisHardmanMortimerSwitalski
CaulHartO'NeilTesanovich
CherryHowellPappageorgeThomas
ClarkJacobsPattersonVan Woerkom
ClarkeJamnickPriceVander Roest
DanielsJansenPrusiVaughn
DennisJelinekPumfordVear
DeRossettJellemaQuarlesVoorhees
DeVuystJohnson, RickRaczkowskiWojno
DeWeeseJohnson, RuthReevesWoodward
EhardtJulianRichardvilleWoronchak

 

 

Nays--4

 

 

Kukuk Perricone Tabor Toy

 

 

In The Chair: Perricone

 

 

Rep. Thomas moved to amend the bill as follows:

1. Amend page 11, following line 4, following section 377, by inserting:

"SEC. 378. IT IS THE INTENT OF THE LEGISLATURE IN ENACTING THIS PART THAT THE MEASURES PROVIDED UNDER THIS PART ARE TO SERVE AS A PILOT PROGRAM AND AS A MODEL FOR MEASURES THAT WILL ULTIMATELY BE IMPLEMENTED AS NEEDED THROUGHOUT THIS STATE.".

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

 

Rep. Thomas moved to amend the bill as follows:

1. Amend page 11, following line 4, following section 377, by inserting:

"SEC. 378. BEGINNING WITH THE 1999-2000 STATE FISCAL YEAR, THE LEGISLATURE SHALL APPROPRIATE AT LEAST $5,000,000.00 EACH FISCAL YEAR TO A QUALIFYING SCHOOL DISTRICT FOR A PROGRAM FOR PROVIDING CAREER LADDER TRAINING FOR SUPPORT STAFF. THIS PROGRAM SHALL PROVIDE FINANCIAL ASSISTANCE TO SUPPORT STAFF EMPLOYEES OF THE QUALIFYING SCHOOL DISTRICT FOR COMPLETING EDUCATIONAL REQUIREMENTS TO MOVE INTO TEACHING AND OTHER INSTRUCTIONAL POSITIONS.".

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

Rep. Thomas demanded the yeas and nays.

The demand was supported.

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

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

 

 

Roll Call No. 104 Yeas--38

 

 
BairdDanielsLaForgeQuarles
BashamDennisLawReeves
BogardusGarzaLemmonsRison
BovinHaleLockwoodSchauer
BraterHanleyMartinezSchermesser
BrewerHansenMinoreScott
CallahanHardmanO'NeilTesanovich
CherryJacobsPriceThomas
ClarkJamnickPrusiVaughn

Clarke Kelly

 

 

Nays--67

 

 
AllenGeigerKuipersScranton
BirkholzGieleghemKukukShackleton
BisbeeGilbertLaSataSheltrown
BishopGodchauxMeadShulman
BradstreetGosselinMiddaughSpade
Brown, B.GreenMortimerStamas
Brown, C.HagerNeumannSwitalski
BylHartPappageorgeTabor
CassisHowellPattersonToy
CaulJansenPerriconeVan Woerkom
DeRossettJelinekPestkaVander Roest
DeVuystJellemaPumfordVear
DeWeeseJohnson, RickRaczkowskiVoorhees
EhardtJohnson, RuthRichardvilleWojno
FaunceJulianRichnerWoodward
FrankKoetjeRoccaWoronchak
GarciaKowallSanborn

 

 

In The Chair: Perricone

 

 

Rep. Thomas moved to amend the bill as follows:

1. Amend page 2, line 5, after "SECTION." by inserting "AT LEAST 5 MEMBERS OF THE REFORM SCHOOL BOARD MUST BE RESIDENTS OF THE CITY IN WHICH THE QUALIFYING SCHOOL DISTRICT IS LOCATED. A MEMBER WHO IS NOT A RESIDENT OF THE THAT CITY MUST HAVE SIGNIFICANT BUSINESS INTERESTS IN THAT CITY.".

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

Rep. Thomas demanded the yeas and nays.

The demand was supported.

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

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

 

 

Roll Call No. 105 Yeas--93

 

 
AllenFaunceKuipersRichner
BairdFrankKukukRison
BashamGarzaLaForgeRocca
BirkholzGieleghemLaSataSanborn
BisbeeGreenLawSchauer
BishopHagerLemmonsSchermesser
BogardusHaleLockwoodScott
BovinHanleyMartinezShackleton
BraterHansenMeadSheltrown
BrewerHardmanMiddaughSpade
Brown, B.HartMinoreStallworth
BylHowellNeumannStamas
CallahanJacobsO'NeilSwitalski
CassisJamnickPattersonTabor
CaulJansenPerriconeTesanovich
CherryJelinekPestkaThomas
ClarkJellemaPriceVan Woerkom
ClarkeJohnson, RickPrusiVander Roest
DanielsJohnson, RuthPumfordVaughn
DennisJulianQuarlesVear
DeRossettKellyRaczkowskiVoorhees
DeVuystKilpatrickReevesWojno
DeWeeseKowallRichardvilleWoodward

Ehardt

 

 

Nays--14

 

 
BradstreetGilbertMortimerShulman
Brown, C.GodchauxPappageorgeToy
GarciaGosselinScrantonWoronchak

Geiger Koetje

 

 

In The Chair: Perricone

 

 

______

 

 

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

The motion prevailed.

 

Rep. Thomas moved to amend the bill as follows:

1. Amend page 11, following line 4, following section 377, by inserting:

"SEC. 378. BEGINNING WITH THE 1999-2000 STATE FISCAL YEAR, THE LEGISLATURE SHALL APPROPRIATE AT LEAST $5,000,000.00 EACH FISCAL YEAR FOR A FAMILY INDEPENDENCE AGENCY PILOT PROJECT LINKING SOCIAL SERVICES TO ELEMENTARY SCHOOLS IN A QUALIFYING SCHOOL DISTRICT.".

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

Rep. Thomas demanded the yeas and nays.

The demand was supported.

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

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

 

 

Roll Call No. 106 Yeas--35

 

 
BairdDanielsKellyQuarles
BashamDennisKilpatrickReeves
BirkholzGarzaLaForgeRison
BovinHaleLawSchauer
BraterHanleyLemmonsScott
BrewerHansenMartinezTesanovich
CherryHardmanMinoreThomas
ClarkJacobsPriceVaughn
ClarkeJamnickPrusi

 

 

Nays--71

 

 
AllenGeigerKukukSchermesser
BisbeeGieleghemLaSataScranton
BishopGilbertLockwoodShackleton
BogardusGodchauxMeadSheltrown
BradstreetGosselinMiddaughShulman
Brown, B.GreenMortimerSpade
Brown, C.HagerNeumannStamas
BylHartO'NeilSwitalski
CallahanHowellPappageorgeTabor
CassisJansenPattersonToy
CaulJelinekPerriconeVan Woerkom
DeRossettJellemaPestkaVander Roest
DeVuystJohnson, RickPumfordVear
DeWeeseJohnson, RuthRaczkowskiVoorhees
EhardtJulianRichardvilleWojno
FaunceKoetjeRichnerWoodward
FrankKowallRoccaWoronchak
GarciaKuipersSanborn

 

 

In The Chair: Perricone

 

 

______

 

 

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

The motion prevailed.

 

Rep. Thomas moved to amend the bill as follows:

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

"SEC. 373A. (1) NOT LATER THAN 90 DAYS AFTER APPOINTMENT, THE REFORM SCHOOL BOARD SHALL DESIGNATE 11 SEPARATE COMMUNITY DISTRICTS WITHIN THE QUALIFYING SCHOOL DISTRICTS, EACH COMPRISING APPROXIMATELY 1/11 OF THE TOTAL PUPILS OF THE QUALIFYING SCHOOL DISTRICT, AND SHALL APPOINT A COMMUNITY BOARD OF GOVERNANCE FOR EACH OF THE 11 COMMUNITY DISTRICTS.

(2) EACH COMMUNITY BOARD OF GOVERNANCE SHALL CONSIST OF THE FOLLOWING 11 MEMBERS APPOINTED BY THE REFORM SCHOOL BOARD:

(A) TWO PUPILS WHO ARE ENROLLED IN A SCHOOL LOCATED IN THE COMMUNITY DISTRICT.

(B) TWO PARENTS OF PUPILS ENROLLED IN A SCHOOL LOCATED IN THE COMMUNITY DISTRICT.

(C) TWO PRINCIPALS OF SCHOOLS LOCATED IN THE COMMUNITY DISTRICT.

(D) TWO TEACHERS WHO TEACH IN A SCHOOL LOCATED IN THE COMMUNITY DISTRICT.

(E) ONE COMMUNITY REPRESENTATIVE WHO IS NOT A PARENT OF A PUPIL ENROLLED IN A SCHOOL LOCATED IN THE COMMUNITY DISTRICT.

(F) ONE REPRESENTATIVE OF BUSINESSES LOCATED IN THE COMMUNITY DISTRICT.

(G) ONE PERSON WHO IS A MEMBER OF THE EXISTING ELECTED SCHOOL BOARD OF THE QUALIFYING SCHOOL DISTRICT.

(3) A COMMUNITY BOARD OF GOVERNANCE SHALL ADVISE THE SCHOOLS WITHIN THE COMMUNITY DISTRICT ON MATTERS THAT ARE SUBJECT TO SITE-BASED DECISIONS AND SHALL ADVISE THE REFORM SCHOOL BOARD ON ISSUES OF CONCERN WITHIN THE COMMUNITY DISTRICT.". The question being on the adoption of the amendment offered by Rep. Thomas,

Rep. Thomas demanded the yeas and nays.

The demand was supported.

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

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

 

 

Roll Call No. 107 Yeas--42

 

 
BairdDeWeeseLawReeves
BashamFrankLemmonsRison
BogardusGarzaLockwoodSchauer
BraterHaleMartinezScott
BrewerHanleyMinoreSheltrown
Brown, B.HansenNeumannStallworth
CherryHardmanO'NeilSwitalski
ClarkJacobsPestkaTesanovich
ClarkeJamnickPriceThomas
DanielsKellyQuarlesWoodward

Dennis LaForge

 

 

Nays--62

 

 
AllenGeigerKowallSanborn
BirkholzGieleghemKuipersScranton
BisbeeGilbertKukukShackleton
BishopGodchauxLaSataShulman
BovinGosselinMeadSpade
BradstreetGreenMiddaughStamas
Brown, C.HagerMortimerTabor
BylHartPappageorgeToy
CallahanHowellPattersonVan Woerkom
CassisJansenPerriconeVander Roest
CaulJelinekPumfordVaughn
DeRossettJellemaRaczkowskiVear
DeVuystJohnson, RickRichardvilleVoorhees
EhardtJohnson, RuthRichnerWojno
FaunceJulianRoccaWoronchak

Garcia Koetje

 

 

In The Chair: Perricone

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

 

Rep. Thomas moved to amend the bill as follows:

1. Amend page 11, following line 4, following section 377, by inserting:

"SEC. 378. BEGINNING WITH THE 1999-2000 STATE FISCAL YEAR, THE LEGISLATURE SHALL APPROPRIATE AT LEAST $5,000,000.00 EACH FISCAL YEAR TO A QUALIFYING SCHOOL DISTRICT FOR OPERATING SAFE HAVEN PROGRAMS AT SCHOOLS IN THE SCHOOL DISTRICT. A SAFE HAVEN PROGRAM SHALL PROVIDE SOCIAL, INSTRUCTIONAL, RECREATIONAL, ATHLETIC, ARTISTIC, AND OTHER APPROPRIATE ACTIVITIES FOR SCHOOL AGE CHILDREN BEFORE AND AFTER REGULAR SCHOOL HOURS ON SCHOOL PREMISES.".

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

Rep. Thomas demanded the yeas and nays.

The demand was supported.

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

Rep. Thomas moved that consideration of the amendment be postponed temporarily.

The motion prevailed.

 

Rep. Gieleghem moved to amend the bill as follows:

1. Amend page 2, line 5, after "APPOINTED" by striking out the balance of the line and inserting "BY THE MAYOR WITH THE ADVICE AND CONSENT OF THE CITY COUNCIL OF THE CITY IN WHICH THE QUALIFYING SCHOOL DISTRICT IS LOCATED.".

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

 

Rep. Patterson moved to amend the bill as follows:

1. Amend page 5, line 3, after "AGREEMENT." by inserting "HOWEVER, THIS SUBSECTION DOES NOT ALLOW ANY TERMINATION OR DIMINISHMENT OF OBLIGATIONS TO PAY DEBT SERVICE ON LEGALLY AUTHORIZED BONDS.".

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

 

 

______

 

 

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

The motion prevailed.

 

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

The motion prevailed.

 

Rep. Hale moved to amend the bill as follows:

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

"SEC. 373A. A REFORM SCHOOL BOARD APPOINTED UNDER THIS PART SHALL WORK WITH THE APPROPRIATE CITY OFFICIALS OF THE CITY IN WHICH THE QUALIFYING SCHOOL DISTRICT IS LOCATED TO IDENTIFY DANGEROUS OR ABANDONED BUILDINGS LOCATED WITHIN 1,000 FEET OF THE GROUNDS OF A SCHOOL BUILDING WITHIN THE SCHOOL DISTRICT. THE REFORM SCHOOL BOARD SHALL TAKE ALL MEASURES WITHIN ITS POWER TO ARRANGE FOR THE DEMOLITION OF THOSE DANGEROUS OR ABANDONED BUILDINGS AND SHALL WORK WITH LOCAL LAW ENFORCEMENT OFFICIALS TO ESTABLISH SAFETY ROUTES FOR PUPILS TO AND FROM SCHOOL.".

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

Rep. Hale demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 108 Yeas--64

 

 
BairdGarzaLemmonsRocca
BashamGeigerLockwoodSchauer
BisbeeGieleghemMansSchermesser
BogardusGreenMartinezScott
BovinHagerMinoreShackleton
BraterHaleMortimerSpade
Brown, B.HanleyNeumannSwitalski
CallahanHansenO'NeilTesanovich
ClarkHardmanPappageorgeThomas
ClarkeHowellPattersonToy
DanielsJacobsPestkaVan Woerkom
DennisJamnickPrusiVander Roest
DeRossettJulianReevesVaughn
FaunceKellyRichardvilleWojno
FrankKowallRichnerWoodward
GarciaLaForgeRisonWoronchak

 

 

Nays--36

 

 
AllenEhardtJohnson, RuthRaczkowski
BirkholzGilbertKoetjeSanborn
BishopGodchauxKuipersScranton
BradstreetGosselinKukukSheltrown
Brown, C.HartLaSataShulman
BylJansenMeadStamas
CassisJelinekMiddaughTabor
DeVuystJellemaPerriconeVear
DeWeeseJohnson, RickPumfordVoorhees

 

 

In The Chair: Perricone

 

 

Rep. Spade moved to amend the bill as follows:

1. Amend page 13, following line 6, by inserting:

"Sec. 1233. (1) Except as provided in this section and section 1233b FOR SUBSTITUTE TEACHERS, the board of a school district or intermediate school district shall not permit a teacher who does not hold a valid teaching certificate to teach in a grade or department of the school, or a teacher without an endorsement by the state board to serve in a counseling role as the role is defined by the state board.

(2) The intermediate superintendent shall notify immediately the state board of the names of noncertificated teachers teaching in violation of subsection (1) and the names of nonendorsed teachers serving in counseling roles in violation of subsection (1), the employing district, and the amount of time the noncertificated and nonendorsed teachers were employed.

(3) The board of a school district or intermediate school district may renew through June 30, 1995 an annual vocational authorization of a noncertificated vocational teacher who is employed by the district or intermediate school district on June 1, 1987, even if a certificated teacher is available for hire, if both of the following conditions are met:

(a) The noncertificated teacher is annually and continually enrolled and completing credit in an approved vocational teacher preparation program leading to vocational certification.

(b) The noncertificated teacher has a planned vocational teacher preparation program leading to vocational certification on file with the employing school district or intermediate school district, his or her teacher preparation institution, and the department.

(3) (4) A vocational teacher preparation institution shall utilize the employment experience of an annually authorized teacher for the purpose of waiving student teaching as a requirement for vocational certification if the annually authorized teacher is supervised by the teacher preparation institution.

(4) (5) All vocational education teachers certified after June 1, 1995 shall pass a competency test.

(5) (6) The board of a school district or intermediate school district may employ a person without a teaching certificate as a substitute teacher if the person has at least 90 semester hours of college credit from a college or university.

Enacting section 1. Section 1233b of the revised school code, 1976 PA 451, MCL 380.1233b, is repealed.".

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

Rep. Spade demanded the yeas and nays.

The demand was supported.

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

Rep. Shackleton moved that consideration of the amendment be postponed temporarily.

The motion prevailed.

 

 

______

 

 

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

The motion prevailed.

 

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

1. Amend page 6, following line 25, following subsection (8), by inserting:

"(9) A REFORM SCHOOL BOARD SHALL IMPLEMENT A READING IMPROVEMENT PROGRAM IN GRADES K TO 3 THROUGHOUT THE QUALIFYING SCHOOL DISTRICT. THE READING IMPROVEMENT PROGRAM SHALL INCLUDE MENTORING." and renumbering the remaining subsection.

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

Rep. Bob Brown demanded the yeas and nays.

The demand was supported.

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

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

 

 

Roll Call No. 109 Yeas--54

 

 
BairdGarzaO'NeilSheltrown
BashamHalePattersonSpade
BogardusHanleyPestkaStallworth
BovinHansenPriceSwitalski
BraterJacobsPrusiTesanovich
BrewerKellyPumfordThomas
Brown, B.KowallQuarlesToy
CallahanKuipersRichardvilleVan Woerkom
ClarkLemmonsRisonVaughn
ClarkeLockwoodRoccaVoorhees
DanielsMartinezSchauerWojno
DennisMiddaughSchermesserWoodward
FaunceMinoreScottWoronchak

Frank Neumann

 

 

Nays--44

 

 
AllenDeWeeseJelinekPerricone
BirkholzEhardtJellemaRaczkowski
BisbeeGarciaJohnson, RickRichner
BishopGilbertJohnson, RuthSanborn
BradstreetGodchauxJulianScranton
Brown, C.GosselinKoetjeShackleton
BylGreenKukukShulman
CassisHagerLaSataStamas
CaulHartMeadTabor
DeRossettHowellMortimerVander Roest
DeVuystJansenPappageorgeVear

 

 

In The Chair: Perricone

 

 

Rep. Kelly moved to amend the bill as follows:

1. Amend page 11, following line 4, following section 377, by inserting:

"SEC. 378. BEGINNING WITH THE 1998-99 STATE FISCAL YEAR, THE LEGISLATURE SHALL APPROPRIATE ADDITIONAL FUNDS FOR EACH SCHOOL DISTRICT IN WHICH THE NUMBER OF MILLS LEVIED FOR SCHOOL OPERATING PURPOSES IN 1993 WAS AT LEAST 9 MILLS LESS THAN THE NUMBER OF MILLS LEVIED FOR SCHOOL OPERATING PURPOSES IN 1992. IT IS THE INTENT OF THE LEGISLATURE THAT THE AMOUNT OF THE APPROPRIATION FOR THIS PURPOSE SHALL BE AT LEAST $4,000,000.00 FOR 1998-99, $3,600,000.00 FOR 1999-2000, $3,200,000.00 FOR 2000-2001, $2,800,000.00 FOR 2001-2002, $2,400,000,00 FOR 2002-2003, $2,000,000.00 FOR 2003-2004, $1,600,000.00 FOR 2004-2005, AND $1,200,000.00 FOR 2005-2006 AND EACH SUCCEEDING STATE FISCAL YEAR.".

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

 

Rep. Hale moved to amend the bill as follows:

1. Amend page 13, following line 6, by inserting:

"SEC. 502A. REGARDLESS OF THE NUMBER OF CONTRACTS ALREADY ISSUED FOR PUBLIC SCHOOL ACADEMIES UNDER THIS PART, BEGINNING ON THE EFFECTIVE DATE OF THE AMENDATORY ACT THAT ADDED PART 5A, AN AUTHORIZING BODY SHALL NOT ISSUE A NEW CONTRACT FOR A PUBLIC SCHOOL ACADEMY TO OPERATE WITHIN THE BOUNDARIES OF A SCHOOL DISTRICT THAT IS A QUALIFYING SCHOOL DISTRICT UNDER PART 5A.".

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

Rep. Hale demanded the yeas and nays.

The demand was supported.

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

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

 

 

Roll Call No. 110 Yeas--43

 

 
BairdFrankLockwoodRison
BashamGarzaMansSchauer
BogardusGieleghemMartinezSchermesser
BovinHaleMinoreScott
BraterHanleyNeumannSheltrown
BrewerHansenO'NeilStallworth
CallahanHardmanPriceSwitalski
ClarkJacobsPrusiTesanovich
ClarkeJamnickPumfordVaughn
DanielsKellyQuarlesWoodward
DennisLemmonsReeves

 

 

Nays--61

 

 
AllenGilbertKowallRocca
BirkholzGodchauxKuipersSanborn
BisbeeGosselinKukukScranton
BishopGreenLaSataShackleton
BradstreetHagerLawShulman
Brown, B.HartMeadSpade
Brown, C.HowellMiddaughStamas
BylJansenMortimerTabor
CassisJelinekPappageorgeToy
CaulJellemaPattersonVan Woerkom
DeRossettJohnson, RickPerriconeVander Roest
DeVuystJohnson, RuthPestkaVear
DeWeeseJulianRaczkowskiVoorhees
EhardtKilpatrickRichardvilleWojno
FaunceKoetjeRichnerWoronchak

Garcia

 

 

In The Chair: Perricone

 

 

Rep. Kelly moved to reconsider the vote by which the House did not adopt the amendment offered previously by Rep. Kelly.

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

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

The motion prevailed.

 

Rep. Bogardus moved to amend the bill as follows:

1. Amend page 7, following line 14, by inserting:

"SEC. 374A. THE REFORM BOARD SHALL ESTABLISH A PROFESSIONAL DEVELOPMENT CENTER TO ENSURE A COMPREHENSIVE PROGRAM FOR ALL SCHOOL EMPLOYEES. THE PROFESSIONAL DEVELOPMENT CENTER MAY BE DEVELOPED IN A PUBLIC-PRIVATE SECTOR PARTNERSHIP.".

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

Rep. Bogardus demanded the yeas and nays.

The demand was supported.

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

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

 

 

Roll Call No. 111 Yeas--50

 

 
BairdFrankLockwoodSchauer
BashamGarzaMansSchermesser
BogardusGieleghemMartinezScott
BovinHaleMinoreSheltrown
BraterHanleyNeumannSpade
BrewerHansenO'NeilStallworth
Brown, B.HardmanPestkaSwitalski
CallahanJacobsPriceTesanovich
CherryJamnickPrusiThomas
ClarkKellyQuarlesVaughn
ClarkeKilpatrickReevesWojno
DanielsLaForgeRisonWoodward

Dennis Lemmons

 

 

Nays--56

 

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

 

 

In The Chair: Perricone

 

 

Rep. Schermesser moved to amend the bill as follows:

1. Amend page 1, line 1, by striking out all of part 5a.

2. Amend page 11, line 9, by striking out the balance of the bill and inserting:

"SEC. 449. (1) BEGINNING ON THE EFFECTIVE DATE OF THIS SECTION, THE STATE BOARD, IN CONJUNCTION WITH THE SCHOOL BOARD OF THE FIRST CLASS SCHOOL DISTRICT, SHALL OVERSEE AND HAVE GENERAL SUPERVISION OVER THE EXPENDITURE OF ALL FUNDS OF THE FIRST CLASS SCHOOL DISTRICT, INCLUDING PROCEEDS FROM BONDED INDEBTEDNESS AND OTHER FUNDS DEDICATED TO CAPITAL PROJECTS, AND SHALL OVERSEE ALL OF THE FOLLOWING:

(A) ADMINISTRATIVE LAW.

(B) BUDGETING, CONTRACTS, AND GRANTS.

(C) CAREER, CURRICULUM, AND TECHNICAL SERVICES.

(D) COMMUNICATIONS.

(2) NOT LATER THAN 1 YEAR AFTER THE EFFECTIVE DATE OF THIS SECTION, THE STATE BOARD SHALL COMPLETE A FULL AUDIT OF THE FINANCES OF THE FIRST CLASS SCHOOL DISTRICT, AND SHALL SUBMIT A REPORT OF ITS FINDINGS TO THE GOVERNOR AND LEGISLATURE. THE STATE BOARD SHALL SUBMIT AN ANNUAL REPORT THEREAFTER.

(3) THE POWERS AND DUTIES OF THE SCHOOL BOARD OF A FIRST CLASS SCHOOL DISTRICT UNDER THIS ACT ARE SUBJECT TO THIS SECTION.

(4) THIS SECTION IS REPEALED EFFECTIVE 1 YEAR AFTER THE EFFECTIVE DATE OF THIS SECTION.".

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

Rep. Schermesser demanded the yeas and nays.

The demand was supported.

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

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

 

 

Roll Call No. 112 Yeas--50

 

 
BairdFrankLockwoodSchauer
BashamGarzaMansSchermesser
BogardusGieleghemMartinezScott
BovinHaleMinoreSheltrown
BraterHanleyNeumannSpade
BrewerHansenO'NeilStallworth
Brown, B.HardmanPestkaSwitalski
CallahanJacobsPriceTesanovich
CherryJamnickPrusiThomas
ClarkKellyQuarlesVaughn
ClarkeKilpatrickReevesWojno
DanielsLaForgeRisonWoodward

Dennis Lemmons

Nays--58

 

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

Garcia Koetje

 

 

In The Chair: Perricone

 

 

Rep. Callahan moved to amend the bill as follows:

1. Amend page 13, following line 6, by inserting:

"Sec. 1278. (1) In addition to the requirements for accreditation under section 1280 specified in that section, if the board of a school district wants all of the schools of the school district to be accredited under section 1280, the board shall provide to all pupils attending public school in the district a core academic curriculum in compliance with subsection (3) in each of the curricular areas specified in the state board recommended model core academic curriculum content standards developed under subsection (2). The state board model core academic curriculum content standards shall encompass academic and cognitive instruction only. For purposes of this section, the state board model core academic curriculum content standards shall not include attitudes, beliefs, or value systems that are not essential in the legal, economic, and social structure of our society and to the personal and social responsibility of citizens of our society.

(2) Recommended model core CORE academic curriculum content standards shall be developed and periodically updated by the state board, shall be in the form of knowledge and skill content standards that are recommended as state standards for adoption by public schools in local curriculum formulation and adoption, and shall be distributed to each school district in the state. The recommended model core academic curriculum content standards shall set forth desired learning objectives in math, science, reading, history, geography, economics, American government, and writing for all children at each stage of schooling and be based upon the "Michigan K-12 program standards of quality" to ensure that high academic standards, academic skills, and academic subject matters are built into the instructional goals of all school districts for all children. The state board also shall ensure that the Michigan educational assessment program and the high school proficiency exam are based on the state recommended model core ACADEMIC curriculum content standards, are testing only for proficiency in basic academic skills and academic subject matter, and are not used to measure pupils' values or attitudes.

(3) The board of each school district, considering academic curricular objectives defined and recommended pursuant to ESTABLISHED UNDER subsection (2), shall do both of the following:

(a) Establish a core academic curriculum for its pupils at the elementary, middle, and secondary school levels. The core academic curriculum shall AT LEAST MEET THE STATE BOARD CORE CURRICULUM CONTENT STANDARDS DEVELOPED UNDER SUBSECTION (2), SHALL define academic objectives to be achieved by all pupils, and shall be based upon the school district's educational mission, long-range pupil goals, and pupil performance objectives. The core academic curriculum may vary from the model core academic curriculum content standards recommended by the state board pursuant to subsection (2).

(b) After consulting with teachers and school building administrators, determine the aligned instructional program for delivering the core academic curriculum and identify the courses and programs in which the core academic curriculum will be taught.

(4) The board may supplement the core academic curriculum by providing instruction through additional classes and programs.

(5) For all pupils, the subjects or courses, and the delivery of those including special assistance, that constitute the curriculum the pupils engage in shall assure the pupils have a realistic opportunity to learn all subjects and courses required by the district's core academic curriculum in order to give all pupils a reasonable opportunity to attain a state-endorsed diploma. A subject or course required by the core academic curriculum pursuant to subsection (3) shall be provided to all pupils in the school district by a school district, a consortium of school districts, or a consortium of 1 or more school districts and 1 or more intermediate school districts.

(6) To the extent practicable, the state board may adopt or develop academic objective-oriented high standards for knowledge and life skills, and a recommended core academic curriculum, for special education pupils for whom it may not be realistic or desirable to expect achievement of novice level or initial mastery of the state board recommended model core academic content standards objectives or of a high school diploma.

(7) The state board shall make available to all nonpublic schools in this state, as a resource for their consideration, the model core academic curriculum content standards developed for public schools pursuant to subsection (2) for the purpose of assisting the governing body of a nonpublic school in developing its core academic curriculum.

(8) Excluding special education pupils, pupils having a learning disability, and pupils with extenuating circumstances as determined by school officials, a pupil who does not score satisfactorily on the 4th or 7th grade Michigan educational assessment program reading test shall be provided special assistance reasonably expected to enable the pupil to bring his or her reading skills to grade level within 12 months.

(9) Any course that would have been considered a nonessential elective course under Snyder v Charlotte School Dist, 421 Mich 517 (1984), on April 13, 1990 shall continue to be offered to resident pupils of nonpublic schools on a shared time basis.".

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

Rep. Callahan demanded the yeas and nays.

The demand was supported.

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

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

 

 

Roll Call No. 113 Yeas--52

 

 
BairdFrankLemmonsRocca
BashamGarzaLockwoodSchauer
BogardusGieleghemMansSchermesser
BovinHaleMartinezScott
BraterHanleyMinoreSheltrown
BrewerHansenNeumannSpade
Brown, B.HardmanO'NeilStallworth
CallahanJacobsPestkaSwitalski
CherryJamnickPriceTesanovich
ClarkKellyPrusiThomas
ClarkeKilpatrickQuarlesVaughn
DanielsKowallReevesWojno
DennisLaForgeRisonWoodward

 

 

Nays--56

 

 
AllenGarciaJulianRichardville
BirkholzGeigerKoetjeRichner
BisbeeGilbertKuipersSanborn
BishopGodchauxKukukScranton
BradstreetGosselinLaSataShackleton
Brown, C.GreenLawShulman
BylHagerMeadStamas
CassisHartMiddaughTabor
CaulHowellMortimerToy
DeRossettJansenPappageorgeVan Woerkom
DeVuystJelinekPattersonVander Roest
DeWeeseJellemaPerriconeVear
EhardtJohnson, RickPumfordVoorhees
FaunceJohnson, RuthRaczkowskiWoronchak

 

 

In The Chair: Perricone

 

 

Rep. Bogardus moved to substitute (H-9) the bill.

Rep. Bogardus moved that consideration of the substitute be postponed temporarily.

The motion prevailed.

 

Rep. Koetje moved to amend the bill as follows:

1. Amend page 7, line 3, after "PART," by inserting "A QUALIFYING SCHOOL DISTRICT,".

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

Rep. Koetje demanded the yeas and nays.

The demand was supported.

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

Rep. Frank moved that consideration of the amendment be postponed temporarily.

The motion prevailed.

 

Reps. Voorhees, DeWeese and Richner moved to amend the bill as follows:

1. Amend page 6, following line 25, following subsection (8), by inserting:

"(9) IF IT DETERMINES THAT IT WOULD BE IN THE BEST INTERESTS OF THE PUPILS OF THE QUALIFYING SCHOOL DISTRICT, A REFORM SCHOOL BOARD MAY RECOMMEND TO THE LEGISLATURE THAT THE TERRITORY OF THE QUALIFYING SCHOOL DISTRICT SHOULD BE DIVIDED INTO SEPARATE SMALLER SCHOOL DISTRICTS." and renumbering the remaining subsection.

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

 

Rep. Garza moved to amend the bill as follows:

1. Amend page 2, line 5, after "SECTION." by inserting "IN MAKING THE APPOINTMENTS, THE MAYOR SHALL ENSURE THAT THE ETHNIC COMPOSITION OF THIS BOARD IS THE SAME AS THE ETHNIC COMPOSITION OF THE CURRENT ELECTED BOARD OF THE QUALIFYING SCHOOL DISTRICT.".

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

Rep. Garza demanded the yeas and nays.

The demand was supported.

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

Rep. Cherry moved that consideration of the amendment be postponed temporarily.

The motion prevailed.

 

Rep. Thomas moved to amend the bill as follows:

1. Amend page 11, following line 4, following section 377, by inserting:

"SEC. 378. THE LEGISLATURE SHALL NOT ENACT ANY LEGISLATION THAT WOULD RESULT IN THE DIMINUTION IN THE AMOUNT OF STATE FUNDS AVAILABLE TO A QUALIFYING SCHOOL DISTRICT TO BE USED DIRECTLY FOR THE EDUCATION AND WELFARE OF CHILDREN.".

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

Rep. Thomas demanded the yeas and nays.

The demand was supported.

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

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

 

 

Roll Call No. 114 Yeas--57

 

 
BairdFrankLemmonsSchauer
BashamGarzaLockwoodSchermesser
BogardusGieleghemMartinezScott
BovinHaleMinoreShackleton
BraterHanleyO'NeilSheltrown
BrewerHansenPestkaSpade
Brown, B.HardmanPriceStallworth
BylJacobsPrusiSwitalski
CallahanJamnickQuarlesTesanovich
CherryJelinekReevesThomas
ClarkJulianRichardvilleVan Woerkom
ClarkeKellyRichnerVaughn
DanielsKowallRisonWojno
DennisLaForgeRoccaWoodward

Faunce

 

 

Nays--47

 

 
AllenGarciaJohnson, RuthRaczkowski
BirkholzGeigerKoetjeSanborn
BisbeeGilbertKuipersScranton
BishopGodchauxKukukShulman
BradstreetGosselinLaSataStamas
Brown, C.GreenMeadTabor
CassisHagerMiddaughToy
CaulHartMortimerVander Roest
DeRossettHowellPappageorgeVear
DeVuystJansenPattersonVoorhees
DeWeeseJellemaPerriconeWoronchak
EhardtJohnson, RickPumford

 

 

In The Chair: Perricone

 

 

Rep. Thomas moved to amend the bill as follows:

1. Amend page 9, line 25, after "FOLLOWING" by striking out "5" and inserting "7".

2. Amend page 9, line 26, by striking out all of subdivisions (A) through (D) and inserting:

"(A) TWO MEMBERS OF THE STATE BOARD APPOINTED BY THE STATE BOARD.

(B) ONE SCHOOL DISTRICT SUPERINTENDENT APPOINTED BY THE GOVERNOR.

(C) THE STATE TREASURER.

(D) THREE MEMBERS OF THE GENERAL PUBLIC APPOINTED BY THE GOVERNOR WITH THE ADVICE AND CONSENT OF THE SENATE.".

3. Amend page 10, following line 19, by inserting:

"(4) IN ADDITION TO ITS OTHER DUTIES, THE PUBLIC SCHOOL ACCOUNTABILITY BOARD SHALL DO ALL OF THE FOLLOWING:

(A) REVIEW SCHOOLS ACROSS THIS STATE AND ASSESS REASONS WHY SCHOOLS ARE FAILING.

(B) REVIEW SCHOOL DISTRICTS ACROSS THIS STATE AND IDENTIFY FRAUD, WASTE, AND CORRUPTION.

(C) ESTABLISH A MEASURABLE LEVEL OF PERFORMANCE AND BENCHMARKS TO WHICH SCHOOLS MAY BE HELD ACCOUNTABLE.

(D) REPORTS ITS FINDINGS TO THE STATE BOARD AND THE LEGISLATURE." and renumbering the remaining subsections.

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

Rep. Thomas demanded the yeas and nays.

The demand was supported.

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

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

 

 

Roll Call No. 115 Yeas--43

 

 
BairdDennisLaForgeSchauer
BashamGarzaLemmonsSchermesser
BogardusGieleghemLockwoodScott
BovinHaleMartinezSheltrown
BraterHanleyMinoreSpade
BrewerHansenNeumannStallworth
CallahanHardmanPriceSwitalski
CherryJacobsPrusiTesanovich
ClarkJamnickQuarlesThomas
ClarkeKellyReevesVaughn
DanielsKilpatrickRison

 

 

Nays--62

 

 
AllenGarciaKowallRichner
BirkholzGeigerKuipersRocca
BisbeeGilbertKukukSanborn
BishopGodchauxLaSataScranton
BradstreetGosselinMeadShackleton
Brown, B.GreenMiddaughShulman
Brown, C.HagerMortimerStamas
BylHartO'NeilTabor
CassisHowellPappageorgeToy
CaulJansenPattersonVan Woerkom
DeRossettJelinekPerriconeVander Roest
DeVuystJellemaPestkaVear
DeWeeseJohnson, RickPumfordVoorhees
EhardtJohnson, RuthRaczkowskiWojno
FaunceJulianRichardvilleWoronchak

Frank Koetje

 

 

In The Chair: Perricone

 

 

______

 

 

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

The motion prevailed.

 

Rep. Thomas moved to amend the bill as follows:

1. Amend page 11, following line 4, following section 378, by inserting:

"SEC. 379. BEGINNING WITH THE 1999-2000 STATE FISCAL YEAR, THE LEGISLATURE SHALL APPROPRIATE AT LEAST $5,000,000.00 EACH FISCAL YEAR TO K-12 SCHOOL DISTRICTS FOR OPERATING SAFE HAVEN PROGRAMS. A SAFE HAVEN PROGRAM SHALL PROVIDE SOCIAL, INSTRUCTIONAL, RECREATIONAL, ATHLETIC, ARTISTIC, AND OTHER APPROPRIATE ACTIVITIES FOR SCHOOL AGE CHILDREN BEFORE AND AFTER REGULAR SCHOOL HOURS ON SCHOOL PREMISES.".

The question being on the amendment offered by Rep. Thomas,

Rep. Thomas demanded the yeas and nays.

The demand was supported.

The question being on the amendment offered by Rep. Thomas,

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

 

 

Roll Call No. 116 Yeas--54

 

 
BairdFrankLemmonsSchermesser
BashamGarzaLockwoodScott
BogardusHaleMartinezScranton
BovinHanleyMinoreShackleton
BraterHansenNeumannSheltrown
Brown, B.HardmanO'NeilSpade
CallahanHowellPestkaStallworth
CherryJacobsPriceSwitalski
ClarkJamnickPrusiTesanovich
ClarkeJellemaQuarlesThomas
DanielsJulianReevesVan Woerkom
DennisKilpatrickRisonWojno
DeWeeseKowallSchauerWoodward

Faunce LaForge

 

 

Nays--51

 

 
AllenGeigerKuipersRichner
BirkholzGieleghemKukukRocca
BisbeeGilbertLaSataSanborn
BishopGodchauxLawShulman
BradstreetGosselinMeadStamas
Brown, C.GreenMiddaughTabor
BylHagerMortimerToy
CassisHartPappageorgeVander Roest
CaulJansenPattersonVaughn
DeRossettJelinekPerriconeVear
DeVuystJohnson, RickPumfordVoorhees
EhardtJohnson, RuthRaczkowskiWoronchak
GarciaKoetjeRichardville

 

 

In The Chair: Perricone

 

 

______

 

 

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

 

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

1. Amend page 11, following line 4, following section 378, by inserting:

"SEC. 379. THE LEGISLATURE SHALL APPROPRIATE TO SCHOOL DISTRICTS STATEWIDE AN AMOUNT SUFFICIENT TO PROVIDE THE INFRASTRUCTURE NECESSARY TO REDUCE CLASS SIZE IN GRADES K TO 3 STATEWIDE TO A RATIO OF NOT MORE THAN 17 PUPILS FOR EACH TEACHER.".

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

Rep. Bob Brown demanded the yeas and nays.

The demand was supported.

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

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

 

 

Roll Call No. 117 Yeas--49

 

 
BairdFrankMansScott
BashamGieleghemMartinezShackleton
BogardusGilbertMinoreSheltrown
BovinGreenNeumannSpade
BraterHaleO'NeilStallworth
BrewerHanleyPestkaSwitalski
Brown, B.HansenPriceTesanovich
CallahanHardmanPrusiThomas
CherryJacobsReevesVaughn
ClarkJamnickRisonWojno
ClarkeLemmonsSchauerWoodward
DanielsLockwoodSchermesserWoronchak

Dennis

 

 

Nays--53

 

 
AllenGeigerKowallRichardville
BirkholzGodchauxKuipersRichner
BisbeeGosselinKukukRocca
BishopHagerLaSataSanborn
BradstreetHartLawScranton
Brown, C.HowellMeadShulman
BylJansenMiddaughStamas
CassisJelinekMortimerTabor
CaulJellemaPappageorgeToy
DeRossettJohnson, RickPattersonVan Woerkom
DeVuystJohnson, RuthPerriconeVander Roest
DeWeeseJulianPumfordVear
EhardtKoetjeRaczkowskiVoorhees

Garcia

 

 

In The Chair: Perricone

 

 

______

 

 

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

 

Rep. Minore moved to amend the bill as follows:

1. Amend page 2, line 4, after "APPOINTED" by striking out the balance of the subsection and inserting "BY THE MAYOR UNDER THIS SECTION SHALL CONSIST OF 7 MEMBERS APPOINTED BY THE MAYOR WITH THE ADVICE AND CONSENT OF THE CITY COUNCIL OF THE CITY IN WHICH THE QUALIFYING SCHOOL DISTRICT IS LOCATED.".

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

Rep. Minore demanded the yeas and nays.

The demand was supported.

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

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

 

 

Roll Call No. 118 Yeas--47

 

 
BairdDennisLemmonsSchauer
BashamFrankLockwoodScott
BogardusGarzaMartinezSheltrown
BovinGieleghemMinoreSpade
BraterHaleNeumannStallworth
BrewerHanleyO'NeilSwitalski
Brown, B.HansenPestkaTesanovich
CallahanHardmanPriceThomas
CherryJacobsPrusiVaughn
ClarkJamnickQuarlesWojno
ClarkeKellyReevesWoodward
DanielsKilpatrickRison

 

 

Nays--57

 

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

Geiger

 

 

In The Chair: Perricone

 

 

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

The motion prevailed.

 

 

______

 

 

Rep. Raczkowski moved that when the House adjourns today it stand adjourned until Wednesday, March 17, at 12:01 a.m.

The motion prevailed.

 

 

Rep. Raczkowski moved that the House adjourn.

The motion prevailed, the time being 11:59 p.m.

 

The Speaker declared the House adjourned until Wednesday, March 17, at 12:01 a.m.

 

 

GARY L. RANDALL

Clerk of the House of Representatives.