hj03249t.027

No. 27

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

90th Legislature

REGULAR SESSION OF 1999

House Chamber, Lansing, Wednesday, March 24, 1999.

12:00 Noon.

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--e/d/s

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

Minister Malik Shabazz, from the Shrine of the Black Madonna in Detroit, offered the following invocation:

"Almighty God, we ask You to bless everyone that is here. We ask You to bless the legislators. Lord, we are asking that the hearts and minds of all the legislators here are open to the people. Lord, we are asking You to make their decisions measured with justice, with mercy, with compassion. Our concerns should not be about contracts or about governments, our concerns should be about making a better way of living on this earth for everyone, especially for our children. For we know that the children are the future and the children are tomorrow's legislators, governors, and mayors. Lord, we are asking You to bless the legislators here, guide their hearts, guide their minds, and guide their souls. So that we can come together and do Your will on earth, which is to bring about peace, happiness, love, comfort, and security for all. We ask this prayer, in the name of Your Most Holy Son, the Revolutionary Black Messiah Jesus. Amen."

Second Reading of Bills

House Bill No. 4299, entitled

A bill to make appropriations for the department of community health and certain state purposes related to aging, mental health, public health, and medical services for the fiscal year ending September 30, 2000; to provide for the expenditure of such appropriations; to create funds; to provide for reports; to prescribe the powers and duties of certain local and state agencies and departments; and to provide for disposition of fees and other income received by the various state agencies.

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

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

______

Rep. Van Woerkom moved that Rep. Byl be excused temporarily from today's session.

The motion prevailed.

Rep. Thomas moved to amend the bill as follows:

1. Amend page 39, line 20, after "society" by striking out "or other provider groups".

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. 170 Yeas--58

Baird DeWeese LaForge Rivet

Basham Frank Lemmons Schauer

Bisbee Garza Lockwood Scott

Bogardus Gieleghem Mans Shackleton

Bovin Gilbert Martinez Sheltrown

Brater Hager Minore Shulman

Brewer Hale Neumann Spade

Brown, B. Hanley O'Neil Stallworth

Callahan Hansen Pestka Switalski

Cherry Hardman Price Tesanovich

Clark Jacobs Prusi Thomas

Clarke Jamnick Quarles Vaughn

Daniels Kelly Reeves Wojno

DeHart Kilpatrick Rison Woodward

Dennis Kowall

Nays--50

Allen Godchaux Kukuk Richner

Birkholz Gosselin LaSata Rocca

Bishop Green Law Sanborn

Bradstreet Hart Mead Scranton

Brown, C. Howell Middaugh Stamas

Cassis Jansen Mortimer Tabor

Caul Jelinek Pappageorge Toy

DeRossett Jellema Patterson Van Woerkom

DeVuyst Johnson, Rick Perricone Vander Roest

Ehardt Johnson, Ruth Pumford Vear

Faunce Julian Raczkowski Voorhees

Garcia Koetje Richardville Woronchak

Geiger Kuipers

In The Chair: Birkholz

Rep. Martinez moved to amend the bill as follows:

1. Amend page 15, line 11, by striking out all of line 11 and inserting:

"Hospital services and therapy $ 693,950,900

Physician services 143,933,400

Pharmaceutical services 241,558,500

Home health services 37,241,700

Transportation 6,400,000

Auxiliary medical services 63,190,100"

and adjusting the subtotals, totals, and section 201 accordingly.

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

Rep. Martinez demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 171 Yeas--51

Baird Dennis Lemmons Rivet

Basham Frank Lockwood Schauer

Bogardus Garza Mans Scott

Bovin Gieleghem Martinez Sheltrown

Brater Hale Minore Spade

Brewer Hanley Neumann Stallworth

Brown, B. Hansen O'Neil Switalski

Callahan Hardman Pestka Tesanovich

Cherry Jacobs Price Thomas

Clark Jamnick Prusi Vaughn

Clarke Kelly Quarles Wojno

Daniels Kilpatrick Reeves Woodward

DeHart LaForge Rison

Nays--58

Allen Geiger Kowall Richner

Birkholz Gilbert Kuipers Rocca

Bisbee Godchaux Kukuk Sanborn

Bishop Gosselin LaSata Scranton

Bradstreet Green Law Shackleton

Brown, C. Hager Mead Shulman

Byl Hart Middaugh Stamas

Cassis Howell Mortimer Tabor

Caul Jansen Pappageorge Toy

DeRossett Jelinek Patterson Van Woerkom

DeVuyst Jellema Perricone Vander Roest

DeWeese Johnson, Rick Pumford Vear

Ehardt Johnson, Ruth Raczkowski Voorhees

Faunce Julian Richardville Woronchak

Garcia Koetje

In The Chair: Birkholz

______

Rep. Schermesser entered the House Chambers.

Rep. Stallworth moved to amend the bill as follows:

1. Amend page 23, following line 10, by inserting:

"(3) The director shall take all reasonable steps to ensure equal opportunity for all who compete for and perform contracts to provide services or supplies or both for the department. The director shall strongly encourage firms with which the department contracts to provide equal opportunity for subcontractors to provide services or supplies or both.".

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

Rep. Stallworth moved to amend the bill as follows:

1. Amend page 26, line 22, after "months" by inserting "or 30 days prior to renewing the contract or extending the privatization initiative. A privatization program shall not extend beyond 36 months unless the department has determined in writing that the program has demonstrated at least 5% savings and maintained quality service.".

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

Rep. Stallworth demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 172 Yeas--51

Baird Dennis Lemmons Schauer

Basham Frank Lockwood Schermesser

Bogardus Garza Mans Scott

Bovin Gieleghem Martinez Sheltrown

Brater Hale Minore Spade

Brewer Hanley Neumann Stallworth

Brown, B. Hansen O'Neil Switalski

Callahan Hardman Pestka Tesanovich

Cherry Jacobs Price Thomas

Clark Jamnick Prusi Vaughn

Clarke Kelly Quarles Wojno

Daniels Kilpatrick Reeves Woodward

DeHart LaForge Rivet

Nays--58

Garcia Koetje

In The Chair: Birkholz

______

Rep. Schauer moved that Reps. Kilpatrick, Hanley and Thomas be excused temporarily from today's session.

The motion prevailed.

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

The motion prevailed.

Rep. Basham moved that Reps. Stallworth and Quarles be excused temporarily from today's session.

The motion prevailed.

Rep. Cherry moved to amend the bill as follows:

1. Amend page 14, line 4, by striking out "26,823,400" and inserting "41,823,400" and adjusting the subtotals, totals, and section 201 accordingly.

2. Amend page 52, following line 19, by inserting:

"Sec. 1409. From the amount appropriated in section 116 for community services, the office of services to the aging shall use $15,000,000.00 for increased funding for in-home services.".

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

Rep. Cherry demanded the yeas and nays.

The demand was supported.

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

After debate,

Rep. DeVuyst demanded the previous question.

The demand was supported.

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

The previous question was ordered.

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

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

Roll Call No. 173 Yeas--54

Baird Faunce Lemmons Rocca

Basham Frank Lockwood Schauer

Bogardus Garza Mans Schermesser

Bovin Gieleghem Martinez Scott

Brater Hale Minore Sheltrown

Brewer Hanley Neumann Spade

Brown, B. Hansen O'Neil Stallworth

Callahan Hardman Pestka Switalski

Cherry Jacobs Price Tesanovich

Clark Jamnick Prusi Thomas

Clarke Kelly Reeves Vaughn

Daniels Kilpatrick Rison Wojno

DeHart LaForge Rivet Woodward

Dennis Law

Nays--53

Allen Gilbert Kowall Richner

Birkholz Godchaux Kuipers Sanborn

Bisbee Gosselin Kukuk Scranton

Bishop Hager LaSata Shackleton

Bradstreet Hart Mead Shulman

Brown, C. Howell Middaugh Stamas

Byl Jansen Mortimer Tabor

Cassis Jelinek Pappageorge Toy

DeRossett Jellema Patterson Van Woerkom

DeVuyst Johnson, Rick Perricone Vander Roest

DeWeese Johnson, Ruth Pumford Vear

Ehardt Julian Raczkowski Voorhees

Garcia Koetje Richardville Woronchak

Geiger

In The Chair: Birkholz

______

Rep. Tabor, having reserved the right to explain her nay vote, made the following statement:

"Mr. Speaker and members of the House:

While I am in full support of in-home services and what it provides to people in our communities, I feel it is important to allow community services and the office of services to the aging to have the flexibility to use this budget appropriation as needed."

Reps. Pumford, Mead, Bishop, Vander Roest and Vear, having reserved the right to explain their nay vote, made the following statement:

"Mr. Speaker and members of the House:

We request a 'no-vote explanation' on Amendment 16, H.B. 4299.

We are very supportive of the 'Office of Services to the Aging' however we would be very irresponsible to appropriate funds that have not been identified!"

Reps. Kowall, Woronchak, Shulman, Bisbee, Voorhees, Cassis, Hager, Richardville, Julian, Howell, Van Woerkom, Hart, Bradstreet, DeRossett and Gilbert, having reserved the right to explain their nay vote, made the following statement:

"Mr. Speaker and members of the House:

I voted 'no' on this amendment because there is no documentation that this funding is needed. It would be irresponsible for this body to pass an amendment to take this budget over target for an undemonstrated need. I cannot support the repeated attempts by my Democratic colleagues to 'bust' our budgets."

Rep. Julian moved to reconsider the vote by which the House adopted the amendment offered previously by Rep. Thomas.

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

Rep. Julian demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 174 Yeas--106

Baird Garza LaForge Rivet

Basham Geiger LaSata Rocca

Birkholz Gieleghem Law Sanborn

Bisbee Gilbert Lemmons Schauer

Bishop Godchaux Lockwood Schermesser

Bogardus Gosselin Mans Scott

Bovin Hager Martinez Scranton

Bradstreet Hale Mead Shackleton

Brater Hanley Middaugh Sheltrown

Brown, B. Hansen Minore Shulman

Brown, C. Hardman Mortimer Spade

Callahan Hart Neumann Stallworth

Cassis Howell O'Neil Stamas

Caul Jacobs Pappageorge Switalski

Cherry Jamnick Patterson Tabor

Clark Jansen Perricone Tesanovich

Clarke Jelinek Pestka Thomas

Daniels Jellema Price Toy

DeHart Johnson, Rick Prusi Van Woerkom

Dennis Johnson, Ruth Pumford Vander Roest

DeRossett Julian Quarles Vaughn

DeVuyst Kelly Raczkowski Vear

DeWeese Kilpatrick Reeves Voorhees

Ehardt Koetje Richardville Wojno

Faunce Kowall Richner Woodward

Frank Kuipers Rison Woronchak

Garcia Kukuk

Nays--0

In The Chair: Birkholz

______

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

Rep. Callahan moved to amend the bill as follows:

1. Amend page 10, line 14, by striking out "2,360,300" and inserting "2,610,300" and adjusting the subtotals, totals, and section 201 accordingly.

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. 175 Yeas--51

Baird Frank Lockwood Schauer

Basham Garza Mans Schermesser

Bogardus Gieleghem Martinez Scott

Bovin Hale Minore Sheltrown

Brater Hanley Neumann Spade

Brewer Hansen O'Neil Stallworth

Brown, B. Hardman Pestka Switalski

Callahan Jacobs Price Tesanovich

Cherry Jamnick Prusi Thomas

Clarke Kelly Reeves Vaughn

Daniels Kilpatrick Rison Wojno

DeHart LaForge Rivet Woodward

Dennis Lemmons Rocca

Nays--56

Allen Garcia Koetje Richardville

Birkholz Geiger Kowall Richner

Bisbee Gilbert Kuipers Sanborn

Bishop Godchaux Kukuk Scranton

Bradstreet Gosselin LaSata Shackleton

Brown, C. Hager Law Shulman

Byl Hart Mead Stamas

Cassis Howell Middaugh Tabor

Caul Jansen Mortimer Toy

DeRossett Jelinek Pappageorge Van Woerkom

DeVuyst Jellema Patterson Vander Roest

DeWeese Johnson, Rick Perricone Vear

Ehardt Johnson, Ruth Pumford Voorhees

Faunce Julian Raczkowski Woronchak

In The Chair: Birkholz

______

Reps. Shackleton, Howell, Faunce, Gilbert, Julian, DeRossett, Van Woerkom and Hager, having reserved the right to explain their nay vote, made the following statement:

"Mr. Speaker and members of the House:

There is no question that increased funding is needed in this category. There are ongoing negotiations in this regard that will fit within budget parameters. To interfere with those negotiations at this time is counter-productive."

Rep. Prusi moved to amend the bill as follows:

1. Amend page 15, line 14, after "Long-term care services" by striking out "981,618,700" and inserting "1,006,618,700" and adjusting the subtotals, totals, and section 201 accordingly.

2. Amend page 75, following line 25, by inserting:

"Sec. 1689. The department shall maintain the continuous quality improvement program in effect in fiscal year 1998-99 at an amount of not less than $25,000,000.00.".

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

Rep. Prusi demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 176 Yeas--54

Baird Frank Lockwood Rocca

Basham Garza Mans Schauer

Bogardus Gieleghem Martinez Schermesser

Bovin Hale Minore Scott

Brater Hanley Neumann Sheltrown

Brewer Hansen O'Neil Spade

Brown, B. Hardman Pestka Stallworth

Callahan Jacobs Price Switalski

Cherry Jamnick Prusi Tesanovich

Clark Kelly Quarles Thomas

Clarke Kilpatrick Reeves Vaughn

Daniels LaForge Rison Wojno

DeHart Law Rivet Woodward

Dennis Lemmons

Nays--54

Allen Garcia Julian Richardville

Birkholz Geiger Koetje Richner

Bisbee Gilbert Kuipers Sanborn

Bishop Godchaux Kukuk Scranton

Bradstreet Gosselin LaSata Shackleton

Brown, C. Green Mead Shulman

Byl Hager Middaugh Stamas

Cassis Hart Mortimer Tabor

Caul Howell Pappageorge Toy

DeRossett Jansen Patterson Van Woerkom

DeVuyst Jelinek Perricone Vander Roest

DeWeese Jellema Pumford Vear

Ehardt Johnson, Rick Raczkowski Voorhees

Faunce Johnson, Ruth

In The Chair: Birkholz

______

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

"Mr. Speaker and members of the House:

I did not support the amendment due to the fact that the continuous quality improvement programs budget (CQIP) has been moved to the CIS Budget. I support fully the Continuing Quality Improvement Program (CQIP) in that it improves the quality of life and care for long-term care patients."

Reps. Kowall, Hager, Bisbee, Richardville, Van Woerkom, Faunce, DeRossett, Howell, Shackleton, Gilbert, Voorhees, Vander Roest and Julian, having reserved the right to explain their nay vote, made the following statement:

"Mr. Speaker and members of the House:

I voted no on this amendment because the same $25 million is in allocated for fiscal year 1999-2000 as was allocated for fiscal year 1998-1999. The difference for fiscal year 1999-2000 is that $10 million will be awarded only to nursing homes that are in compliance with the standards enforced by the Michigan Department of Consumer and Industry Services; another $13.3 million is appropriated to nursing homes throughout the state as a 2 percent inflationary increase; and the personal care allowance for residents has been increased from $30 per month to $40 per month at a cost of $3.8 million.

This distribution of funds is a vast improvement over the former program which allocated $25 million in grants for resident satisfaction initiatives, but was available to bad nursing homes as well as those meeting state standards.

The amendment which I rejected does not simply restore the old program; it adds $25 million that is not there to the fiscal year 1999-2000 Department of Community Health Budget. I cannot responsibly support such an amendment, particularly when a program has been improved and retains its prior year funding."

Rep. Richardville moved to amend the bill as follows:

1. Amend page 54, line 10, after "law." by inserting "However, a copayment authorized under this subsection shall not put a provider of dental, podiatric, chiropractic, pharmacy, vision, or hearing aid service at risk for more than $1.00 for total services rendered per visit including, but not limited to, the cost of a service, cost of a prescription drug, and pharmaceutical dispensing fee.".

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

Rep. Richardville demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 177 Yeas--106

Allen Garza Kukuk Rivet

Baird Geiger LaForge Rocca

Basham Gieleghem LaSata Sanborn

Birkholz Gilbert Law Schauer

Bisbee Godchaux Lemmons Schermesser

Bishop Gosselin Lockwood Scott

Bogardus Green Mans Scranton

Bovin Hager Martinez Shackleton

Bradstreet Hale Mead Sheltrown

Brater Hanley Middaugh Shulman

Brown, B. Hansen Minore Spade

Brown, C. Hardman Mortimer Stallworth

Byl Hart Neumann Stamas

Callahan Howell O'Neil Switalski

Cassis Jacobs Pappageorge Tabor

Caul Jamnick Patterson Tesanovich

Cherry Jansen Perricone Thomas

Clark Jelinek Pestka Toy

Clarke Jellema Price Van Woerkom

Daniels Johnson, Rick Prusi Vander Roest

DeHart Johnson, Ruth Pumford Vaughn

Dennis Julian Raczkowski Vear

DeRossett Kelly Reeves Voorhees

DeWeese Kilpatrick Richardville Wojno

Faunce Koetje Richner Woodward

Frank Kowall Rison Woronchak

Garcia Kuipers

Nays--0

In The Chair: Birkholz

______

Rep. Ehardt, under Rule 32(b), made the following statement:

"Mr. Speaker and members of the House:

I did not vote on Roll Call No. 177 because of a possible conflict of interest."

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

Rep. Jansen moved to amend the bill as follows:

1. Amend page 48, following line 18, by inserting:

"Sec. 1106a. (1) Federal abstinence money expended in part 1 for the purpose of promoting abstinence education shall provide abstinence education to teenagers most likely to engage in high risk behavior as their primary focus, and may include programs that include 9-17 year olds. Programs funded must meet all of the following guidelines:

(a) Teaches the gains to be realized by abstaining from sexual activity.

(b) Teaches abstinence from sexual activity outside of marriage as the expected standard for all school age children.

(c) Teaches that abstinence is the only certain way to avoid out-of-wedlock pregnancy, sexually transmitted diseases, and other health problems.

(d) Teaches that a monogamous relationship in the context of marriage is the expected standard of human sexual activity.

(e) Teaches that sexual activity outside of marriage is likely to have harmful effects.

(f) Teaches that bearing children out of wedlock is likely to have harmful consequences.

(g) Teaches young people how to avoid sexual advances and how alcohol and drug use increases vulnerability to sexual advances.

(h) Teaches the importance of attaining self-sufficiency before engaging in sexual activity.

(2) Coalitions, organizations, and programs that meet the following criteria shall be given priority in the allocations of funds:

(a) Are comprised of representation including, but not limited to, key community/civic leaders, parents, teens teachers, health professionals, clergy, local businesses, service organizations, and advocacy groups that operate with a 50% volunteer base.

(b) Do not provide contraceptives to adolescents without parental consent and demonstrate efforts to include parental involvement as a means to reducing the risk of teens becoming pregnant.

(3) Programs and organizations that meet the guidelines of subsection (1) and criteria of subsection (2) shall have the option of receiving all or part of their funds directly from the department of community health.".

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

Rep. Jacobs demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 178 Yeas--69

Allen Garcia Kukuk Rivet

Basham Geiger LaSata Rocca

Birkholz Gilbert Law Sanborn

Bishop Gosselin Lockwood Schermesser

Bovin Green Mans Shackleton

Bradstreet Hager Mead Sheltrown

Brown, B. Hart Middaugh Shulman

Brown, C. Howell Mortimer Spade

Byl Jansen Neumann Stamas

Callahan Jelinek O'Neil Tabor

Cassis Jellema Pappageorge Van Woerkom

Caul Johnson, Rick Patterson Vander Roest

DeRossett Johnson, Ruth Pestka Vaughn

DeVuyst Julian Raczkowski Vear

DeWeese Koetje Reeves Voorhees

Ehardt Kowall Richardville Wojno

Faunce Kuipers Richner Woronchak

Frank

Nays--39

Baird Garza Kilpatrick Schauer

Bogardus Gieleghem LaForge Scott

Brater Godchaux Lemmons Scranton

Brewer Hale Martinez Stallworth

Cherry Hanley Minore Switalski

Clark Hansen Price Tesanovich

Clarke Hardman Prusi Thomas

Daniels Jacobs Pumford Toy

DeHart Jamnick Quarles Woodward

Dennis Kelly Rison

In The Chair: Birkholz

______

Rep. Raczkowski moved that Rep. Perricone be excused temporarily from today's session.

The motion prevailed.

Rep. Martinez moved to amend the bill as follows:

1. Amend page 4, line 13, by striking out "1,614,927,300" and inserting "1,639,151,200".

2. Amend page 4, line 22, by striking out "1,741,543,300" and inserting "1,765,767,200".

3. Amend page 4, line 25, by striking out "713,224,300" and inserting "721,298,100".

4. Amend page 5, line 2, by striking out "1,022,076,600" and inserting "1,038,226,700" and adjusting the other subtotals, totals, and section 201 accordingly.

5. Amend page 36, line 13, by striking out all of section 425.

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

Rep. Martinez demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 179 Yeas--52

Baird Dennis Lemmons Rivet

Basham Frank Lockwood Schauer

Bogardus Garza Mans Schermesser

Bovin Gieleghem Martinez Scott

Brater Hale Minore Sheltrown

Brewer Hanley Neumann Spade

Brown, B. Hansen O'Neil Stallworth

Callahan Hardman Pestka Switalski

Cherry Jacobs Price Tesanovich

Clark Jamnick Prusi Thomas

Clarke Kelly Quarles Vaughn

Daniels Kilpatrick Reeves Wojno

DeHart LaForge Rison Woodward

Nays--57

Allen Geiger Koetje Richner

Birkholz Gilbert Kowall Rocca

Bisbee Godchaux Kuipers Sanborn

Bishop Gosselin Kukuk Scranton

Bradstreet Green LaSata Shackleton

Brown, C. Hager Law Shulman

Byl Hart Mead Stamas

Cassis Howell Middaugh Tabor

Caul Jansen Mortimer Toy

DeRossett Jelinek Pappageorge Van Woerkom

DeVuyst Jellema Patterson Vander Roest

DeWeese Johnson, Rick Pumford Vear

Ehardt Johnson, Ruth Raczkowski Voorhees

Faunce Julian Richardville Woronchak

Garcia

In The Chair: Birkholz

______

Reps. Shackleton, Howell, Caul, Gilbert, Kowall, Faunce, Bisbee and Julian, having reserved the right to explain their nay vote, made the following statement:

"Mr. Speaker and members of the House:

I support increases in Mental Health funding. I believe that the boilerplate language that increases the budget by up to $50 million is the proper way to accomplish this goal. We also need to keep in mind that when we give to one vulnerable group it requires that we take from another. Both parties in this House have been elected to govern responsibly, not to just throw up nice sounding amendments with agreeably laudable goals without the source of funding."

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

"Mr. Speaker and members of the House:

I voted against amendment 26 of the Community Health budget because, if there is an increase in the mental health population, the boilerplate provides for an increase in the budget up to $50,000,000. Therefore I voted to hold the line on the budget."

Rep. Stallworth moved to amend the bill as follows:

1. Amend page 10, following line 7, by inserting:

"African-American male health initiative $ 100".

2. Amend page 14, following line 11, by inserting:

"Senior Olympics 100"

and adjusting the subtotals, totals, and section 201 accordingly.

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

Rep. Hale moved to amend the bill as follows:

1. Amend page 10, line 12, by striking out "12,655,100" and inserting "13,155,100" and adjusting the subtotals, totals, and section 201 accordingly.

2. Amend page 42, following line 10, by inserting:

"(3) The department shall increase funds allocated to promote awareness, education, and early detection of breast, cervical, and prostate cancer by $500,000.00 above the amount allocated for this purpose in fiscal year 1998-99.".

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. 180 Yeas--55

Basham Frank Lockwood Schauer

Bogardus Garza Mans Schermesser

Bovin Gieleghem Martinez Scott

Brater Hale Minore Sheltrown

Brewer Hanley Neumann Spade

Brown, B. Hansen O'Neil Stallworth

Callahan Hardman Pestka Switalski

Cherry Jacobs Price Tesanovich

Clark Jamnick Prusi Thomas

Clarke Kelly Quarles Vaughn

Daniels Kilpatrick Reeves Wojno

DeHart Kowall Rison Woodward

Dennis LaForge Rivet Woronchak

Faunce Lemmons Rocca

Nays--51

Allen Garcia Johnson, Ruth Richner

Birkholz Geiger Julian Sanborn

Bisbee Gilbert Koetje Scranton

Bishop Godchaux Kukuk Shackleton

Bradstreet Gosselin LaSata Shulman

Brown, C. Green Mead Stamas

Byl Hager Middaugh Tabor

Cassis Hart Mortimer Toy

Caul Howell Pappageorge Van Woerkom

DeRossett Jansen Patterson Vander Roest

DeVuyst Jelinek Pumford Vear

DeWeese Jellema Raczkowski Voorhees

Ehardt Johnson, Rick Richardville

In The Chair: Birkholz

Rep. Geiger moved to amend the bill as follows:

1. Amend page 36, following line 20, by inserting:

"Sec. 426. Funds appropriated for Medicaid substance abuse services in the amount of at least $23,328,300.00 shall be contracted in full to coordinating agencies through CMHSPs unless such a pass-through is held to be in violation of federal or state law or rules. If such a pass-through is not permissible, the department shall contract directly with coordinating agencies. CMHSPs shall not assume any contractual or financial liability associated with the pass-through substance abuse services funds provided to eligible recipients with these funds. The coordinating agencies shall retain financial program responsibilities and liabilities consistent with contract requirements.".

2. Amend page 70, line 14, by striking out all of section 1658.

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

______

Rep. Raczkowski moved that Rep. Perricone be excused temporarily from today's session.

The motion prevailed.

Rep. Minore moved to amend the bill as follows:

1. Amend page 10, following line 24, by inserting:

"Michigan health and wellness fund 75,000,000".

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

"Tobacco company litigation fund 75,000,000"

and adjusting the subtotals, totals and section 201 accordingly.

3. Amend page 49, following line 26, by inserting:

"Sec. 1120. (1) From the amounts appropriated in part 1, $75,000,000.00 shall be distributed for tobacco prevention, cessation and education, substance abuse efforts, and other local health care initiatives. An 8 member board made up of 2 appointees by the governor, 2 appointees by the attorney general, 1 by the senate majority leader, 1 by the senate minority leader, 1 by the speaker of the house, and 1 by the house minority leader shall make up the Michigan health and wellness board and shall oversee the distribution of the funds. The members of the board shall serve without compensation. Each member shall serve for a term of 8 years.

(2) At least 95% of the funding shall be awarded as grants to community foundations and other community organizations to directly fund community-based partnerships to improve and promote tobacco prevention programs targeting children and special populations at higher risk, to improve and promote tobacco cessation programs, to improve and promote substance abuse programs, to improve and promote anti-tobacco messages through media campaigns, and other public education efforts. Up to 4% may be used by local community foundations and other community organizations to monitor, evaluate, and administer these programs. One percent shall be used by the board to evaluate the effectiveness of the programs funded.".

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

Rep. Minore demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 181 Yeas--51

Baird Garza Mans Schauer

Bogardus Gieleghem Martinez Schermesser

Bovin Hale Minore Scott

Brater Hanley Neumann Sheltrown

Brown, B. Hansen O'Neil Spade

Callahan Hardman Pestka Stallworth

Cherry Jacobs Price Switalski

Clark Jamnick Prusi Tesanovich

Clarke Kelly Quarles Thomas

Daniels Kilpatrick Reeves Vaughn

DeHart LaForge Rison Wojno

Dennis Lemmons Rivet Woodward

Frank Lockwood Rocca

Nays--55

Allen Garcia Julian Richner

Birkholz Geiger Koetje Sanborn

Bisbee Gilbert Kuipers Scranton

Bishop Godchaux Kukuk Shackleton

Bradstreet Gosselin LaSata Shulman

Brown, C. Green Law Stamas

Byl Hager Mead Tabor

Cassis Hart Middaugh Toy

Caul Howell Mortimer Van Woerkom

DeRossett Jansen Pappageorge Vander Roest

DeVuyst Jelinek Patterson Vear

DeWeese Jellema Pumford Voorhees

Ehardt Johnson, Rick Raczkowski Woronchak

Faunce Johnson, Ruth Richardville

In The Chair: Birkholz

______

Reps. Shackleton, Faunce, Van Woerkom, Kowall, Hager, Julian, Bisbee, Howell and Woronchak, having reserved the right to explain their nay vote, made the following statement:

"Mr. Speaker and members of the House:

This is the 36th amendment that would take money that we don't have and attempt to direct it into health care. The amendment is directing the spending of the tobacco settlement money. It is more appropriate that we debate the spending of those dollars after we actually receive them. One of the priorities for those monies should be the education of Michigan's children."

Rep. Callahan moved to amend the bill as follows:

1. Amend page 45, line 14, by striking out "250,000" and inserting "500,000".

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

Roll Call No. 182 Yeas--82

Baird Ehardt Law Rocca

Basham Faunce Lemmons Schauer

Birkholz Frank Lockwood Schermesser

Bisbee Garza Mans Scott

Bishop Gieleghem Martinez Shackleton

Bogardus Gilbert Middaugh Sheltrown

Bovin Green Minore Shulman

Brater Hager Mortimer Spade

Brewer Hale Neumann Stallworth

Brown, B. Hanley O'Neil Switalski

Callahan Hansen Patterson Tesanovich

Cassis Hardman Pestka Thomas

Caul Howell Price Toy

Cherry Jacobs Prusi Van Woerkom

Clark Jamnick Quarles Vaughn

Clarke Julian Raczkowski Vear

Daniels Kelly Reeves Voorhees

DeHart Kilpatrick Richardville Wojno

Dennis Kowall Richner Woodward

DeVuyst Kuipers Rivet Woronchak

DeWeese LaForge

Nays--25

Bradstreet Gosselin Johnson, Ruth Pumford

Brown, C. Hart Koetje Sanborn

Byl Jansen Kukuk Scranton

DeRossett Jelinek LaSata Stamas

Garcia Jellema Mead Tabor

Geiger Johnson, Rick Pappageorge Vander Roest

Godchaux

In The Chair: Birkholz

Rep. Frank moved to amend the bill as follows:

1. Amend page 49, following line 26, by inserting:

"Sec. 1120. The department shall release infant mortality rate data to all local public health departments no later than 48 hours prior to releasing infant mortality rate data to the public.".

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

Rep. Ehardt moved to amend the bill as follows:

1. Amend page 54, line 18, after "processed." by inserting "The automated on-line pharmacy claims adjudication system shall provide at a minimum for:

(a) On-line verification of client, pharmaceutical, and prescriber eligibility.

(b) Electronic billing and reimbursement capabilities.".

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

Rep. Scranton moved to amend the bill as follows:

1. Amend page 53, line 6, after "of" by inserting "cost report".

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

Rep. Frank moved to amend the bill as follows:

1. Amend page 49, following line 26, following section 1120, by inserting:

"Sec. 1121. From the funds appropriated in section 112, the amount of $450,000.00 shall be appropriated to Michigan State University, college of human medicine, for the establishment of the state infant mortality review network to establish a process dedicated to the identification and examination of factors that contribute to infant death. The process shall consist of the systematic evaluation of individual cases to determine outcome variables to measure such factors as infant mortality rates, low birth rates, prematurity rates, tobacco, alcohol and drug abuse, teen pregnancy rates, and levels of prenatal care.".

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

Rep. Schauer moved to amend the bill as follows:

1. Amend page 7, following line 22, by inserting:

"Hepatitis A immunization program in Calhoun county 100"

and adjusting the subtotals, totals, and section 201 accordingly.

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

______

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

The motion prevailed.

Rep. Kilpatrick moved that Reps. Price, Hanley and Perricone be excused temporarily from today's session.

The motion prevailed.

Rep. Cherry moved to amend the bill as follows:

1. Amend page 52, following line 19, by inserting:

"Sec. 1409. From the funds appropriated in part 1, an additional $1,000,000.00 is allocated to increase funding in the office of services to the aging for in-home services.".

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

Rep. Cherry demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 183 Yeas--78

Allen Ehardt Law Rocca

Baird Faunce Lemmons Schauer

Basham Frank Lockwood Scott

Bisbee Garza Mans Shackleton

Bogardus Gieleghem Martinez Sheltrown

Bovin Gilbert Middaugh Shulman

Bradstreet Hager Minore Spade

Brater Hale Mortimer Stallworth

Brewer Hansen Neumann Switalski

Brown, B. Hardman O'Neil Tesanovich

Byl Howell Pappageorge Thomas

Callahan Jacobs Patterson Van Woerkom

Cherry Jamnick Pestka Vander Roest

Clark Jellema Prusi Vaughn

Clarke Johnson, Rick Raczkowski Vear

Daniels Julian Reeves Voorhees

DeHart Kelly Richardville Wojno

Dennis Kilpatrick Richner Woodward

DeRossett Kowall Rivet Woronchak

DeVuyst LaForge

Nays--24

Birkholz Godchaux Johnson, Ruth Pumford

Bishop Gosselin Koetje Sanborn

Brown, C. Green Kuipers Scranton

Cassis Hart Kukuk Stamas

DeWeese Jansen LaSata Tabor

Geiger Jelinek Mead Toy

In The Chair: Birkholz

Rep. Cherry moved to amend the bill as follows:

1. Amend page 75, following line 25, by inserting:

"Sec. 1689. From the funds appropriated in part 1, an additional $2,400,000.00 is authorized to increase personal care services payment in adult foster care homes and homes for the aged.".

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

Rep. Cherry demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 184 Yeas--75

Allen DeRossett Kilpatrick Rison

Baird Ehardt Kowall Rivet

Basham Faunce LaForge Rocca

Birkholz Frank Law Schauer

Bisbee Garza Lemmons Scott

Bogardus Gieleghem Lockwood Shackleton

Bovin Gilbert Mans Sheltrown

Brater Green Martinez Spade

Brewer Hager Middaugh Stallworth

Brown, B. Hale Minore Switalski

Byl Hanley Mortimer Tesanovich

Callahan Hansen Neumann Thomas

Caul Hardman O'Neil Van Woerkom

Cherry Howell Pappageorge Vaughn

Clark Jacobs Pestka Vear

Clarke Jamnick Price Wojno

Daniels Johnson, Rick Prusi Woodward

DeHart Julian Quarles Woronchak

Dennis Kelly Richardville

Nays--33

Bishop Gosselin Kukuk Sanborn

Bradstreet Hart LaSata Scranton

Brown, C. Jansen Mead Shulman

Cassis Jelinek Patterson Stamas

DeVuyst Jellema Perricone Tabor

DeWeese Johnson, Ruth Pumford Toy

Garcia Koetje Raczkowski Vander Roest

Geiger Kuipers Richner Voorhees

Godchaux

In The Chair: Birkholz

Rep. Geiger moved to reconsider the vote by which the House adopted the amendment offered previously by Rep. Cherry.

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

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

Rep. Cherry demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 185 Yeas--88

Allen DeVuyst Koetje Rison

Baird Ehardt Kowall Rivet

Basham Faunce LaForge Rocca

Birkholz Frank Law Sanborn

Bisbee Garza Lemmons Schauer

Bogardus Gieleghem Lockwood Scott

Bovin Gilbert Mans Shackleton

Bradstreet Green Martinez Sheltrown

Brater Hager Middaugh Spade

Brewer Hale Minore Stallworth

Brown, B. Hanley Mortimer Switalski

Byl Hansen Neumann Tesanovich

Callahan Hardman O'Neil Thomas

Cassis Howell Pappageorge Toy

Caul Jacobs Patterson Van Woerkom

Cherry Jamnick Pestka Vander Roest

Clark Jellema Price Vaughn

Clarke Johnson, Rick Prusi Vear

Daniels Johnson, Ruth Raczkowski Voorhees

DeHart Julian Reeves Wojno

Dennis Kelly Richardville Woodward

DeRossett Kilpatrick Richner Woronchak

Nays--20

Bishop Godchaux Kuipers Pumford

Brown, C. Gosselin Kukuk Scranton

DeWeese Hart LaSata Shulman

Garcia Jansen Mead Stamas

Geiger Jelinek Perricone Tabor

In The Chair: Birkholz

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

1. Amend page 72, following line 2, by inserting:

"(6) The department will establish a monitoring system that will include quality assurance reviews of qualified health plans and obtain regular utilization data regarding maternal support/infant support services and early and periodic screening, diagnosis, and treatment/well child services. Based on these reviews, and the data, the department will impose sanctions on qualified health plans in accordance with contract language for those qualified health plans that fail to meet the state contract standards for these services. The department will report to the house and senate appropriations subcommittees the results of these reviews and which qualified health plans have been sanctioned no later than June 1, 2000.".

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

Rep. Schermesser moved to amend the bill as follows:

1. Amend page 33, following line 10, by inserting:

"Sec. 410. The Wayne county community mental health board shall provide sufficient funding so that the eligible employees of the Reach Foundation, Inc., receive all wage increases as provided by section 409, 1997 PA 94.".

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

Rep. Martinez moved to amend the bill as follows:

1. Amend page 14, line 10, by striking out "6,000,000" and inserting "12,000,000" and adjusting the subtotals, totals, and section 201 accordingly.

2. Amend page 14, following line 18, by inserting:

"Tobacco litigation fund 6,000,000"

and adjusting the subtotals, totals, and section 201 accordingly.

3. Amend page 52, following line 19, by inserting:

"Sec. 1409. The $6,000,000.00 of the appropriation in part 1 that is funded with tobacco litigation fund money for the Michigan pharmaceutical program does not take effect until House Bill No. 4169 of the 90th Legislature is enacted into law.".

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

Rep. Martinez demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 186 Yeas--51

Baird Dennis LaForge Rocca

Basham DeRossett Lemmons Schauer

Bogardus Frank Lockwood Scott

Bovin Garza Martinez Sheltrown

Brater Gieleghem Minore Spade

Brewer Hale Neumann Stallworth

Brown, B. Hanley O'Neil Switalski

Callahan Hansen Pestka Tesanovich

Cherry Hardman Prusi Thomas

Clark Jacobs Quarles Vaughn

Clarke Jamnick Reeves Wojno

Daniels Kelly Rison Woodward

DeHart Kilpatrick Rivet

Nays--55

Allen Geiger Koetje Richner

Birkholz Gilbert Kowall Sanborn

Bisbee Godchaux Kuipers Scranton

Bishop Gosselin Kukuk Shackleton

Bradstreet Green LaSata Shulman

Brown, C. Hager Law Stamas

Byl Hart Mead Tabor

Cassis Howell Middaugh Toy

Caul Jansen Mortimer Van Woerkom

DeVuyst Jelinek Pappageorge Vander Roest

DeWeese Jellema Patterson Vear

Ehardt Johnson, Rick Pumford Voorhees

Faunce Johnson, Ruth Raczkowski Woronchak

Garcia Julian Richardville

In The Chair: Birkholz

______

Reps. Shackleton, Faunce, Gilbert, Kowall, Howell, Richardville, Vander Roest, Van Woerkom and Julian, having reserved the right to explain their nay vote, made the following statement:

"Mr. Speaker and members of the House:

I support additional funds for the Michigan pharmaceutical program, however, this is another amendment that would spend money we don't have and don't know if we will receive. This amendment would raise the hopes of many vulnerable seniors that additional resources will be available for them when, in fact, the state has not received, and may not receive any of the money this amendment is spending. I would support this amendment if we actually had the resources to fund it."

Rep. Jelinek moved to amend the bill as follows:

1. Amend page 50, following line 23, by inserting:

"Sec. 1252. From the amount appropriated in part 1 to the office of drug control policy, anti-drug abuse grants, $200,000.00 shall be transferred to the department of education to fund the office of safe schools.".

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

Rep. Wojno moved to amend the bill as follows:

1. Amend page 54, line 3, by striking out all of lines 3 through 10 and inserting:

"Sec. 1603. (1) Effective October 1, 1999, the pharmaceutical dispensing fee shall be no less than $3.72 or the usual and customary cash charge, whichever is less. If a recipient is 21 years of age or older, the department shall require a $1.00 per prescription client copayment, except as prohibited by federal law." and renumbering the remaining subsections.

2. Amend page 54, line 15, after "2000." by striking out the balance of the subsection.

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

Rep. Wojno demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 187 Yeas--79

Allen Faunce Julian Rivet

Basham Frank Kelly Rocca

Bisbee Garcia Koetje Sanborn

Bishop Garza Kowall Scott

Bogardus Gieleghem Kuipers Shackleton

Bovin Gilbert Law Sheltrown

Bradstreet Gosselin Lemmons Spade

Brown, B. Green Lockwood Stallworth

Brown, C. Hager Middaugh Tabor

Byl Hale Minore Thomas

Callahan Hanley Neumann Toy

Cassis Hansen O'Neil Van Woerkom

Caul Hardman Pappageorge Vander Roest

Cherry Hart Patterson Vaughn

Clark Howell Pestka Vear

Clarke Jacobs Price Voorhees

Daniels Jamnick Raczkowski Wojno

DeRossett Jellema Richardville Woodward

DeVuyst Johnson, Rick Richner Woronchak

DeWeese Johnson, Ruth Rison

Nays--23

Baird Geiger LaSata Pumford

Birkholz Godchaux Martinez Scranton

Brater Jansen Mead Shulman

Brewer Jelinek Mortimer Stamas

DeHart Kukuk Perricone Switalski

Dennis LaForge Prusi

In The Chair: Birkholz

______

Rep. Ehardt, under Rule 32(b), made the following statement:

"Mr. Speaker and members of the House:

I did not vote on Roll Call No. 187 because of a possible conflict of interest."

Rep. Hale moved to amend the bill as follows:

1. Amend page 10, line 12, by striking out "12,655,100" and inserting "13,155,100" and adjusting the subtotals, totals, and section 201 accordingly.

2. Amend page 42, following line 10, by inserting:

"(3) The department shall increase funds allocated to promote awareness, education, and early detection of breast, uterine, cervical, and prostate cancer by $500,000.00 above the amount allocated for this purpose in fiscal year 1998-99.".

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. 188 Yeas--55

Baird Faunce Lemmons Rocca

Basham Frank Lockwood Schauer

Bogardus Garza Martinez Scott

Bovin Gieleghem Minore Sheltrown

Brater Hale Neumann Spade

Brewer Hanley O'Neil Stallworth

Brown, B. Hansen Pestka Switalski

Callahan Hardman Price Tesanovich

Cherry Jacobs Prusi Thomas

Clark Jamnick Quarles Vaughn

Clarke Kelly Reeves Wojno

Daniels Kilpatrick Richardville Woodward

DeHart Kowall Rison Woronchak

Dennis LaForge Rivet

Nays--51

Allen Geiger Koetje Richner

Birkholz Gilbert Kuipers Sanborn

Bisbee Godchaux Kukuk Scranton

Bishop Gosselin LaSata Shackleton

Bradstreet Hager Law Shulman

Brown, C. Hart Mead Stamas

Cassis Howell Middaugh Tabor

Caul Jansen Mortimer Toy

DeRossett Jelinek Pappageorge Van Woerkom

DeVuyst Jellema Patterson Vander Roest

DeWeese Johnson, Rick Perricone Vear

Ehardt Johnson, Ruth Pumford Voorhees

Garcia Julian Raczkowski

In The Chair: Birkholz

______

Reps. Shackleton, Kowall, Gilbert, Hager, Julian, Ehardt and Van Woerkom, having reserved the right to explain their nay vote, made the following statement:

"Mr. Speaker and members of the House:

Many of the members signed below have lost family and loved ones to cancer. We are certainly supportive of the state raising awareness and educating the people of Michigan on the benefits of early detection of cancers.We are aware of many efforts currently taking place. This amendment, as the dozens before it, proposes to spend money we don't have."

Rep. Martinez moved to amend the bill as follows:

1. Amend page 52, following line 19, following section 1409, by inserting:

"Sec. 1410. If House Bill No. 4169 or House Bill No. 4078 of the 90th Legislature is enacted into law, there shall be appropriated $6,000,000.00 from the general fund/general purpose for the Michigan pharmaceutical program.".

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

Rep. Martinez moved to amend the bill as follows:

1. Amend page 3, line 18, by striking out "9,876,900" and inserting "9,826,900".

2. Amend page 4, line 13, by striking out "1,614,927,300" and inserting "1,614,997,300" and adjusting the subtotals, totals, and section 201 accordingly.

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

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

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

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

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

Rep. Raczkowski moved that Rule 49 be suspended.

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

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 4299, entitled

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

Roll Call No. 189 Yeas--85

Allen Faunce Julian Richner

Basham Frank Koetje Rivet

Birkholz Garcia Kowall Rocca

Bisbee Garza Kuipers Sanborn

Bishop Geiger Kukuk Schauer

Bogardus Gieleghem LaSata Scranton

Bovin Gilbert Law Shackleton

Bradstreet Godchaux Lockwood Sheltrown

Brown, B. Gosselin Mead Shulman

Brown, C. Green Middaugh Spade

Byl Hager Mortimer Stallworth

Callahan Hale Neumann Stamas

Cassis Hansen O'Neil Switalski

Caul Hart Pappageorge Tabor

Cherry Howell Patterson Toy

Clark Jamnick Perricone Van Woerkom

Clarke Jansen Pestka Vander Roest

DeHart Jelinek Price Vear

DeRossett Jellema Pumford Voorhees

DeVuyst Johnson, Rick Raczkowski Wojno

DeWeese Johnson, Ruth Richardville Woronchak

Ehardt

Nays--22

Baird Hardman Martinez Scott

Brater Jacobs Minore Tesanovich

Brewer Kelly Prusi Thomas

Daniels Kilpatrick Reeves Vaughn

Dennis LaForge Rison Woodward

Hanley Lemmons

In The Chair: Birkholz

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

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

A bill to make appropriations for the department of community health and certain state purposes related to mental health, public health, and medical services for the fiscal year ending September 30, 2000; to provide for the expenditure of such appropriations; to create funds; to provide for reports; to prescribe the powers and duties of certain local and state agencies and departments; and to provide for disposition of fees and other income received by the various state agencies.

The motion prevailed.

The House agreed to the title as amended.

______

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

"Mr. Speaker and members of the House:

There is something sorely wrong with how this body prioritizes the needs of the people of Michigan. Yesterday, we voted to increase the Corrections Budget by 8.6%. Today we are asked to support a budget that does not give our Community Mental Health Departments and authorities adequate dollars to address the increasing needs of the most vulnerable people in our society--people with mental illness and with developmental disabilities. Although the programs that are funded by this budget are good. They do not go far enough. This budget also does not adequately address the increasing problems associated with managed care."

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

"Mr. Speaker and members of the House:

I voted no on roll call #189; HB 4299 for the following reasons:

a. The bill is inadequate in many program areas and does not address community needs in the areas of nursing homes; in-home care; preventive health care; and seniors prescriptions assistance.

b. The bill fails to use anticipated tobacco funding for various programs.

c. The bill does not adequately address mental health needs.

I support virtually every program addressed in this budget bill and look forward to increased funding for those programs."

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

The question being on the motion by Rep. Raczkowski,

Rep. Kilpatrick demanded the yeas and nays.

The demand was supported.

The question being on the motion by Rep. Raczkowski,

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

Roll Call No. 190 Yeas--63

Allen Geiger Kuipers Rocca

Birkholz Gilbert Kukuk Sanborn

Bisbee Godchaux LaSata Scranton

Bishop Gosselin Law Shackleton

Bradstreet Green Mead Sheltrown

Brown, C. Hager Middaugh Shulman

Byl Hart Mortimer Spade

Cassis Howell Neumann Stamas

Caul Jansen Pappageorge Tabor

DeRossett Jelinek Patterson Toy

DeVuyst Jellema Perricone Van Woerkom

DeWeese Johnson, Rick Pestka Vander Roest

Ehardt Johnson, Ruth Pumford Vear

Faunce Julian Raczkowski Voorhees

Frank Koetje Richardville Woronchak

Garcia Kowall Richner

Nays--45

Baird DeHart Kilpatrick Rison

Basham Dennis LaForge Rivet

Bogardus Garza Lemmons Schauer

Bovin Gieleghem Lockwood Scott

Brater Hale Martinez Stallworth

Brewer Hanley Minore Switalski

Brown, B. Hansen O'Neil Tesanovich

Callahan Hardman Price Thomas

Cherry Jacobs Prusi Vaughn

Clark Jamnick Quarles Wojno

Clarke Kelly Reeves Woodward

Daniels

In The Chair: Birkholz

By unanimous consent the House returned to the order of

Motions and Resolutions

Reps. Wojno, Sanborn, Schauer, Kowall, Spade, Hager, Kukuk, DeVuyst, Cassis, LaForge, Kilpatrick, Howell, Scranton, DeHart, Switalski, Hale, Vaughn, Callahan, Jamnick, Sheltrown, Bovin, Minore, Gieleghem, Woodward, Van Woerkom, Faunce, Garcia, Tesanovich, Kelly, Quarles, Bogardus, Dennis, Thomas, Ehardt, Richardville, Richner, Vander Roest and Perricone offered the following resolution:

House Resolution No. 47.

A resolution to memorialize the Congress of the United States to preserve Medicaid.

Whereas, A distinguishing feature of our nation is the network of programs that offer help to the neediest of our citizens. This safety net of governmental and private initiatives provides a lifeline to millions of Americans facing poverty and crises in their health, employment, or personal lives. Senior citizens, children, and those with mental or physical infirmities are most at risk; and

Whereas, In the decades since its establishment, Medicaid has become the cornerstone of efforts to save people from destitution in our country. While not able to answer every need, Medicaid has raised standards for many of the most vulnerable members of our society. This serves to strengthen us in many ways. Even those of us fortunate in circumstance, education, and health enjoy a greater measure of security knowing there are options of care and help available to us and our family members; and

Whereas, Medicaid is among points of consideration in ongoing budget discussions in Washington. With the recent changes in government's approach to welfare, there are proposals that could inflict severe damage on Medicaid. In all considerations regarding Medicaid, lawmakers and administration officials must keep in mind the human costs to those facing nursing homes, terrible illness, or the care of children in poverty; now, therefore, be it

Resolved by the House of Representatives, That we memorialize the Congress of the United States to preserve Medicaid; and be it further

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

The resolution was referred to the Committee on House Oversight and Operations.

Reps. Jansen, Cassis, Godchaux, Martinez, Clarke, Pappageorge, Hart, LaForge, DeRossett, Schauer, Tabor, Caul, Green, Ehardt, Van Woerkom, Birkholz, DeHart, Scranton, Kuipers, Jellema, Bogardus, Price, Sanborn, Richner, Voorhees, Middaugh, Kowall, Hager, Kukuk, DeVuyst, Kilpatrick, Howell, Raczkowski, Julian, Woronchak, Toy, Koetje, Vaughn, Jamnick, Sheltrown, Gieleghem, Wojno, Faunce, Garcia, Tesanovich, LaSata, Kelly, Dennis, Vander Roest, Perricone and Mead offered the following resolution:

House Resolution No. 48.

A resolution to memorialize the Congress of the United States to reject a proposed reduction in the Temporary Assistance to Needy Families (TANF) Block Grant.

Whereas, The Congress of the United States is presently debating a bill that would make a major cut in the funding for the Temporary Assistance to Needy Families Block Grant (TANF). The bill, S.544, is an emergency supplemental appropriations measure that seeks to defer $350 million from the TANF grants to the states in order to meet a variety of purposes, including offsetting disaster relief and foreign aid; and

Whereas, The TANF program is a key element of the landmark welfare reforms of 1996. To raid this money as proposed in the emergency supplemental appropriations bill is for the Congress to break the successful welfare agreement. This would be a serious blow to the states and a threat to changes in welfare policies that are truly making a difference in this country; and

Whereas, When the welfare agreement was reached in 1996, federal and state officials, including governors, lawmakers, and other policy makers, also built in a 5-year guarantee of level funding. The notion of any reduction, regardless of whether it is called a deferral or anything else, is a clear violation of this carefully crafted agreement. It is unacceptable for this program to be raided in this manner; now, therefore, be it

Resolved by the House of Representatives, That we memorialize the Congress of the United States to reject a proposed reduction in the Temporary Assistance to Needy Families (TANF) Block Grant; and be it further

The resolution was referred to the Committee on House Oversight and Operations.

Reps. Richardville, Van Woerkom, Faunce, Bradstreet, Bisbee, Julian, DeRossett, Shackleton, Gilbert, Woronchak, Howell, Toy, Kowall, Hager and Caul offered the following resolution:

House Resolution No. 49.

A resolution declaring 1999 as the International Year of Older Persons in Michigan.

Whereas, Aging is a lifelong process and preparation for old age begins in childhood and continues through the life cycle; and

Whereas, The Michigan House of Representatives is committed to promoting independence and enhancing the dignity of its 1.5 million older persons and their families through leadership and innovation in policies, programs and services; and

Whereas, The Michigan House of Representatives is further committed to ensuring priority attention will be given to addressing the independence, participation, care, self-fulfillment and dignity of older persons; and

Whereas, We recognize the role older persons have had in shaping our society, contributing to our communities many wonderful things that only persons their age can impart: wisdom, heritage and traditions; and

Whereas, The overall quality of life and health of society improves when all generations work hand in hand; and

Whereas, Michigan citizens share the hopeful vision that a "society for all ages," the theme for the International Year of Older Persons observance is one that recognizes the rights and responsibilities of all age groups; and

Whereas, The International Year of Older Persons observance provides a special opportunity to honor older citizens in Michigan, our nation and throughout the world for the many years they have spent giving to others, sharing their knowledge and experiences; now, therefore, be it

Resolved by the House of Representatives, That we hereby declare 1999 as the International Year of Older Persons in Michigan, and we urge all citizens to observe this year by participating in community projects that pay tribute to our older population, their families, care givers, neighbors and friends.

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. Rocca, Faunce, Gieleghem, Wojno, Callahan, Switalski and Sanborn offered the following resolution:

House Resolution No. 50.

A resolution honoring Chad Selweski.

Whereas, It is with great pleasure that the members of this legislative body join in offering the highest tribute to Chad Selweski upon receiving the "Suburban Journalist of the Year" award from the Suburban Newspapers of America; and

Whereas, Chad Selweski, a Michigan State University journalism graduate who joined the Macomb Daily in 1985, has earned the respect and admiration of newsroom staffers and editors who depend on him in meeting the challenge of producing a quality daily newspaper. It is very appropriate that he has been selected by his peers to receive this prestigious award; and

Whereas, On this occasion, it is most appropriate to recognize Chad Selweski's firm commitment to enlighten the readers of the Macomb Daily regarding local, state, and national issues. His thought-provoking questions and information have undoubtedly encouraged Macomb County citizens to think anew about the issues confronting our community. In all of his endeavors, he has displayed the utmost integrity, resourcefulness, and dedication; and

Whereas, Chad Selweski's unwavering dedication to excellence has earned him awards from the Associated Press, United Press International, the Detroit Press Club Foundation, the Michigan Press Association, and the State Bar Association. Chad Selweski has truly established a tradition that will affect journalism for years to come; and

Whereas, Throughout his career, Chad Selweski has continually demonstrated the utmost professionalism and has always provided a fine example for other individuals. Due to his industrious efforts he has earned this coveted award, the respect of his colleagues, and the admiration of citizens. We are very proud of him and wish him every future success as he works to stimulate thinking about issues that affect our daily lives; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body offer a unanimous accolade of tribute to Chad Selweski upon receiving the 1998 "Suburban Journalist of the Year" award. May this national recognition attest to his professional skills and abilities. May he know of our deep appreciation for his contributions to enriching the lives of our citizens; and be it further

Resolved, That a copy of this resolution be transmitted to Chad Selweski as evidence of our highest esteem.

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. Green, Sheltrown, Rick Johnson, Howell, Jelinek, Koetje, Tabor, Vear, Bradstreet, Van Woerkom, Julian, Hager, Kowall, Gilbert, DeRossett, Pumford, Patterson, Caul, Kuipers, Mead, Mortimer, Godchaux, DeVuyst, Birkholz, Jansen, Voorhees, Middaugh, Kukuk, Kelly, LaForge and Ehardt offered the following resolution:

House Resolution No. 51.

A resolution to memorialize the Congress of the United States to investigate the issue of apple juice concentrate from other countries being sold in the American market at prices below cost.

Whereas, The production of apple juice concentrate is an important component of Michigan's agricultural bounty. Michigan, which is traditionally the third largest apple-growing state, is the nation's top apple-processing state. This record of consistency has been achieved in the face of many uncertain times in farming, including wild swings in our Midwestern weather; and

Whereas, In recent years, however, our apple growers and processors have come to face even more serious threats from foreign sources of apple juice concentrate selling their products in this country at artificially low costs. From an average imported price of apple juice concentrate of $10 per gallon in 1995, the price has fallen by fifty percent. This is far below the break-even point for American growers. Coupled with the erosion of export opportunities due to the troubled economies in the Asian markets, Michigan apple growers and those in other states face severe threats to their livelihood; and

Whereas, The opening up of markets that has taken place in the past few years has brought many benefits. However, there can be situations in which the removal of restrictions on trade offers the chance for abuses. When a country, for whatever purpose, encourages certain activities by helping a specific industry gain an unfair advantage through below-cost prices, steps need to be taken to ensure the viability of American economic and social interests. The United States Department of Agriculture has taken steps to assist certain American farmers on a number of occasions. The possibility of apple juice concentrate being "dumped" on the American market is a situation that demands immediate attention and thorough study; now, therefore, be it

Resolved by the House of Representatives, That we memorialize the Congress of the United States to investigate the issue of apple juice concentrate from other countries being sold in the American market at prices below cost; and be it further

The resolution was referred to the Committee on Agriculture and Resource Management.

Reps. Sanborn, Hager, Shackleton, Richner, Kowall, Bisbee, Gilbert, Julian, Tabor, Toy, Koetje, Law, Green, Rocca, Ruth Johnson, Cassis, Thomas, Caul, Howell, Ehardt, Pappageorge, Vear, Jellema, Faunce, Richardville, Wojno, Bishop, Kukuk, Kuipers, Jelinek, Geiger, Rick Johnson, Jansen, Woronchak, DeVuyst, Stamas, Pumford, Mead, DeRossett, Van Woerkom, Middaugh, DeHart, Birkholz, Schauer, Patterson, Kilpatrick, Scranton, Raczkowski, Vaughn, Callahan, Sheltrown, Gieleghem, Garcia, Kelly, Bogardus, Dennis, Vander Roest and Perricone offered the following concurrent resolution:

House Concurrent Resolution No. 23.

A concurrent resolution to memorialize the Congress of the United States to preserve Medicaid.

Resolved by the House of Representatives (the Senate concurring), That we memorialize the Congress of the United States to preserve Medicaid; and be it further

The concurrent resolution was referred to the Committee on House Oversight and Operations.

Reps. Raczkowski and Kilpatrick offered the following concurrent resolution:

House Concurrent Resolution No. 24.

A concurrent resolution prescribing the legislative schedule.

Resolved by the House of Representatives (the Senate concurring), That when the House of Representatives and Senate adjourn on Thursday, March 25, 1999, they stand adjourned until Tuesday, April 13, 1999.

Pending the reference of the concurrent resolution to a committee,

Rep. Raczkowski moved that Rule 77 be suspended and the concurrent 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 concurrent resolution,

The concurrent resolution was adopted.

THIS RESOLUTION IS OFFERED TO COMPLY WITH MCL §§ 830.415 AND 830.417 AND REQUIRES A RECORD ROLL CALL VOTE.

Rep. Jellema offered the following concurrent resolution:

House Concurrent Resolution No. 25.

A concurrent resolution approving the conveyance of property to the State Building Authority and approving a lease among the State of Michigan, the State Building Authority, and Southwestern Michigan College relative to the Southwestern Michigan College South County Extension Center.

Whereas, Section 5 of 1964 PA 183, as amended, being MCL § 830.415, requires the approval of the Board of Trustees of Southwestern Michigan College (the "Educational Institution"), the State Administrative Board, and the Michigan Legislature by concurrent resolution concurred in by a majority of the members elected to and serving in each house, with the votes and names of the members voting thereon entered in the journal, before land owned by the Educational Institution may be conveyed to the State Building Authority (the "Authority"); and

Whereas, The site for the Southwestern Michigan College South County Extension Center (the "Facility") is currently owned by the Educational Institution; and

Whereas, Section 7 of 1964 PA 183, as amended, being MCL § 830.417, requires the approval of the State Administrative Board and the Michigan Legislature by concurrent resolution concurred in by a majority of the members elected to and serving in each house, with the votes and names of the members voting thereon entered in the journal, before the State of Michigan (the "State") may enter into a lease with the Authority upon a showing of a public purpose; and

Whereas, Providing additional space to be used by the Educational Institution pursuant to the lease for the Facility is a recognized public purpose; and

Whereas, A lease among the Authority, the State, and the Educational Institution has been prepared providing for the leasing of the Facility by the Authority to the State and the Educational Institution (the "Lease"); and

Whereas, The Executive Director of the Authority has furnished the Joint Capital Outlay Subcommittee of the Legislature with information and documents relative to the Lease; now, therefore, be it

Resolved by the House of Representatives (the Senate concurring), That the Total Facility Cost for the Southwestern Michigan College South County Extension Center shall not exceed $3,100,000 (the Authority share is $1,369,900, the State General Fund/General Purpose share is $100, and the Educational Institution share is $1,730,000), plus interest charges on monies advanced by the State to meet the construction cash flow requirements of the Facility, if any, of which not more than $1,369,900, plus interest charges on monies advanced by the State to meet the construction cash flow requirements of the Facility, if any, shall be financed from bonds issued by the Authority, exclusive of amounts necessary for reserves, interest, or other nonconstruction costs; and be it further

Resolved, That the Legislature hereby approves the necessary conveyances of property to the Authority as more particularly described in the Lease and attachments thereto; and be it further

Resolved, That the Legislature hereby approves the Authority acquiring the Facility and leasing it to the State and the Educational Institution and hereby determines that the leasing of the Facility from the Authority is for a public purpose as authorized by 1964 PA 183, as amended; and be it further

Resolved, That the annual amounts of "True Rental" for the Facility shall be within or below the range of $126,000 and $210,000, as shall reflect variations that may occur in the components upon which the appraisal of true rental was based, which amounts shall be certified by the appraiser and thereafter approved by the State Administrative Board and the Authority as authorized by 1964 PA 183, as amended; and be it further

Resolved, That the Lease is hereby approved by this concurrent resolution, and the Governor and the Secretary of State are authorized and directed to execute the Lease for and on behalf of the State; and be it further

Resolved, That, by hereby approving the Lease among the State, the Educational Institution, and the Authority, the Legislature agrees to appropriate annually sufficient amounts to pay the rent as obligated pursuant to the Lease; and be it further

Resolved, That a copy of this concurrent resolution be transmitted to the Governor, the Secretary of State, the Authority, the Educational Institution, and the State Budget Director.

The concurrent resolution was referred to the Committee on Appropriations.

Reps. Sanborn, Bisbee, Law, Wojno, Ehardt, Hager, Howell, Daniels, Shulman, Bishop and Julian offered the following concurrent resolution:

House Concurrent Resolution No. 26.

A concurrent resolution to memorialize the Congress of the United States to enact legislation to affirm the regulation of insurance matters by the states.

Whereas, In 1994, the Michigan Legislature passed legislation (HB 5281) granting lending institutions the authority to sell all lines of insurance; and

Whereas, That legislation, which became 1994 PA 409, includes necessary consumer and fair market protections, such as requiring the separation of lending and insurance transactions; prohibitions against offering or discussing insurance while a loan transaction is pending; requiring separate lending and insurance areas; requirements for full written disclosures to customers; and inclusion of strong prohibitions against sharing confidential insurance-related information in bank loan files with bank-affiliated agencies; and

Whereas, In a joint letter published November 7, 1994, HB 5281 was lauded and strongly supported by the Michigan Bankers Association, Michigan Association of Insurance Agents, Michigan League of Savings Institutions, Michigan Association of Life Underwriters, Michigan Chamber of Commerce, Michigan Consumer Federation, Michigan Credit Union League, Small Business Association of Michigan, Michigan Association of Credit Unions, Michigan Retail Hardware Association, Greater Detroit Chamber of Commerce, and National Electrical Contractors Association (Michigan Chapter); and

Whereas, In 1995, the Rhode Island Legislature resoundingly passed legislation substantially similar to Michigan law, granting lending institutions the authority to sell insurance; and

Whereas, The Comptroller of the Currency is an appointed, federal bureaucrat who has a track record of promulgating regulations that serve to expand bank insurance powers. These new insurance activities, deemed to be banking issues by the Comptroller, often conflict with established state laws; and

Whereas, On January 13, 1997, the Office of the Comptroller of the Currency (OCC) issued a request for comments on Rhode Island's Financial Institution Insurance Sales Act to assist in the determination as to whether Section 92 of the Federal Bank Act provided the Comptroller of the Currency sufficient authority to preempt Rhode Island's banks-in-insurance statute; and

Whereas, The McCarran-Ferguson Act of 1945 relegates authority to the individual states for regulation of the insurance activities of all entities; and

Whereas, The preemption of state insurance laws by an unelected federal bureaucrat is in direct conflict with the fifty-four-year tradition of state regulation of insurance under McCarran-Ferguson and thereby raises vitally important questions of states' rights and the primacy of duly elected representatives to enact laws governing insurance activities within their state borders; and

Whereas, In the Eighty-ninth Michigan Legislature, Michigan's Senate Majority and Minority Leaders, Speaker of the House and House Minority Leader, members of the Senate Financial Services Committee, and Majority and Minority Chairs of the House Insurance and Banking Committees all delivered letters to the Comptroller of the Currency forcefully opposing the OCC's desire to preempt Rhode Island's banks-in-insurance statute; and

Whereas, The National Association of Insurance Commissioners (NAIC); National Conference of State Legislators (NCSL); and the National Conference of Insurance Legislators (NCOIL) all submitted letters strongly opposing the Comptroller of the Currency's desire to preempt state insurance law; and

Whereas, In past court disputes between federal banking and state insurance regulators, federal courts have granted "unequal deference" to federal regulators, thereby rendering decisions based not on the merits of the case, but on deference to the federal regulator; now, therefore, be it

Resolved by the House of Representatives (the Senate concurring), That we memorialize the Congress of the United States to enact legislation to affirm the authority of the states to regulate insurance matters, including preventing the Office of the Comptroller of the Currency from preempting the sale of insurance through lending institutions and ending the practice of federal regulators being able to be granted "unequal deference" in litigation between state and federal regulations on insurance matters; and be it further

The concurrent resolution was referred to the Committee on Insurance and Financial Services.

Reps. Green, Rick Johnson, Kelly, Sheltrown, Howell, Jelinek, Koetje, Tabor, Vear, Bradstreet, Van Woerkom, Julian, Hager, Kowall, Gilbert, DeRossett, Pumford, Bisbee, Patterson, Caul, Mead, Mortimer, Godchaux, DeVuyst, Voorhees, Middaugh, Birkholz, Jansen, Kuipers, Kukuk, LaForge and Ehardt offered the following concurrent resolution:

House Concurrent Resolution No. 27.

A concurrent resolution to memorialize the Congress of the United States to investigate the issue of apple juice concentrate from other countries being sold in the American market at prices below cost.

Resolved by the House of Representatives (the Senate concurring), That we memorialize the Congress of the United States to investigate the issue of apple juice concentrate from other countries being sold in the American market at prices below cost; and be it further

The concurrent resolution was referred to the Committee on Agriculture and Resource Management.

Reports of Standing Committees

The Committee on Transportation, by Rep. Rick Johnson, Chair, reported

House Bill No. 4168, entitled

A bill to amend 1951 PA 51, entitled "An act to provide for the classification of all public roads, streets, and highways in this state, and for the revision of that classification and for additions to and deletions from each classification; to set up and establish the Michigan transportation fund; to provide for the deposits in the Michigan transportation fund of specific taxes on motor vehicles and motor vehicle fuels; to provide for the allocation of funds from the Michigan transportation fund and the use and administration of the fund for transportation purposes; to set up and establish the truck safety fund; to provide for the allocation of funds from the truck safety fund and administration of the fund for truck safety purposes; to set up and establish the Michigan truck safety commission; to establish certain standards for road contracts for certain businesses; to provide for the continuing review of transportation needs within the state; to authorize the state transportation commission, counties, cities, and villages to borrow money, issue bonds, and make pledges of funds for transportation purposes; to authorize counties to advance funds for the payment of deficiencies necessary for the payment of bonds issued under this act; to provide for the limitations, payment, retirement, and security of the bonds and pledges; to provide for appropriations and tax levies by counties and townships for county roads; to authorize contributions by townships for county roads; to provide for the establishment and administration of the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds; to provide for the deposits in the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds of money raised by specific taxes and fees; to provide for definitions of public transportation functions and criteria; to define the purposes for which Michigan transportation funds may be allocated; to provide for Michigan transportation fund grants; to provide for review and approval of transportation programs; to provide for submission of annual legislative requests and reports; to provide for the establishment and functions of certain advisory entities; to provide for conditions for grants; to provide for the issuance of bonds and notes for transportation purposes; to provide for the powers and duties of certain state and local agencies and officials; to provide for the making of loans for transportation purposes by the state transportation department and for the receipt and repayment by local units and agencies of those loans from certain specified sources; and to repeal acts and parts of acts," by amending section 15 (MCL 247.665), as amended by 1982 PA 438.

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

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

Favorable Roll Call

HB 4168 To Report Out:

Yeas: Reps. Rick Johnson, Gilbert, DeVuyst, Garcia, Hart, Ruth Johnson, Middaugh, Patterson, Shackleton, Tabor, Kilpatrick, Bovin, Brewer, Lemmons, Reeves,

Nays: None.

The Committee on Transportation, by Rep. Rick Johnson, Chair, reported

House Bill No. 4182, entitled

With the recommendation that the bill pass.

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

Favorable Roll Call

HB 4182 To Report Out:

Yeas: Reps. Rick Johnson, Gilbert, DeVuyst, Garcia, Hart, Ruth Johnson, Middaugh, Patterson, Shackleton, Tabor, Bovin, Brewer, Jamnick, Lemmons, Reeves, Schermesser,

Nays: None.

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Rick Johnson, Chair of the Committee on Transportation, was received and read:

Meeting held on: Tuesday, March 23, 1999, at 3:42 p.m.,

Present: Reps. Rick Johnson, Gilbert, DeVuyst, Garcia, Hart, Ruth Johnson, Middaugh, Patterson, Shackleton, Tabor, Kilpatrick, Bovin, Brewer, Jamnick, Lemmons, Reeves, Schermesser.

The Committee on Insurance and Financial Services, by Rep. Sanborn, Chair, reported

House Bill No. 4190, entitled

A bill to require certain consumer reporting agencies to disclose certain information to certain consumers without charge; and to provide for certain remedies and penalties.

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 4190 To Report Out:

Yeas: Reps. Sanborn, Bisbee, Bishop, DeVuyst, Ehardt, Rick Johnson, Julian, Law, Richner, Shackleton, Van Woerkom, Wojno, Basham, Bob Brown, Clark, Daniels, Hale, Thomas,

Nays: Rep. O'Neil.

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Sanborn, Chair of the Committee on Insurance and Financial Services, was received and read:

Meeting held on: Wednesday, March 24, 1999, at 9:00 a.m.,

Present: Reps. Sanborn, Bisbee, Bishop, DeVuyst, Ehardt, Hager, Rick Johnson, Julian, Law, Richner, Shackleton, Van Woerkom, Wojno, Basham, Bob Brown, Clark, Daniels, Hale, O'Neil, Scott, Thomas.

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Gosselin, Chair of the Committee on Employment Relations, Training and Safety, was received and read:

Meeting held on: Wednesday, March 24, 1999, at 9:00 a.m.,

Present: Reps. Gosselin, Kuipers, DeWeese, Dennis, LaForge, Switalski,

Absent: Rep. Raczkowski,

Excused: Rep. Raczkowski.

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, March 24, 1999, at 9:00 a.m.,

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

Absent: Rep. Spade,

Excused: Rep. Spade.

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Koetje, Chair of the Committee on Gaming and Casino Oversight, was received and read:

Meeting held on: Wednesday, March 24, 1999, at 10:30 a.m.,

Present: Reps. Koetje, Vander Roest, Richner, Voorhees, Brewer, Callahan,

Absent: Reps. Law, Garza, Hardman,

Excused: Reps. Law, Garza, Hardman.

Announcement by the Clerk of Printing and Enrollment

The Clerk announced that the following bills had been printed and placed upon the files of the members, Thursday, March 18:

Senate Bill Nos. 437 438 439 440 441 443 444 445 446 447 448 449

The Clerk announced that the following bills had been printed and placed upon the files of the members, Monday, March 22:

Senate Bill Nos. 450 451 452

The Clerk announced that the following Senate bills had been received on Wednesday, March 24:

Senate Bill Nos. 68 357 364 368 369 371

By unanimous consent the House returned to the order of

Messages from the Senate

Senate Bill No. 68, entitled

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

The Senate has passed the bill.

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

Senate Bill No. 357, entitled

A bill to make appropriations for the department of agriculture for the fiscal year ending September 30, 2000; to provide for the expenditure of the appropriations; to create funds; to provide for the imposition of fees; to require reports, audits, and plans; to authorize certain transfers by certain state agencies; and to provide for the disposition of fees and other income received by certain state agencies.

The Senate has passed the bill.

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

Senate Bill No. 364, entitled

A bill to make appropriations for the department of environmental quality for the fiscal year ending September 30, 2000; to provide for the expenditure of those appropriations; to create funds and accounts; to require reports; to prescribe certain powers and duties of certain state agencies and officials; to authorize certain transfers by certain state agencies; and to provide for the disposition of fees and other income received by the various state agencies.

The Senate has passed the bill.

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

Senate Bill No. 368, entitled

A bill to make appropriations for the judicial branch for the fiscal year ending September 30, 2000; to provide for the expenditure of these appropriations; to place certain restrictions on the expenditure of these appropriations; to prescribe the powers and duties of certain officials and employees; to require certain reports; and to provide for the disposition of fees and other income received by the judicial branch.

The Senate has passed the bill.

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

Senate Bill No. 369, entitled

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

The Senate has passed the bill.

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

Senate Bill No. 371, entitled

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

The Senate has passed the bill.

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

Introduction of Bills

Reps. Basham, Schauer, O'Neil, Hardman, Dennis, Brater and Bogardus introduced

House Bill No. 4441, entitled

A bill to amend 1969 PA 317, entitled "Worker's disability compensation act of 1969," (MCL 418.101 to 418.941) by adding section 853a.

The bill was read a first time by its title and referred to the Committee on Employment Relations, Training and Safety.

Reps. Basham, O'Neil, Hardman, Reeves, Dennis, Hale and Brater introduced

House Bill No. 4442, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 724 (MCL 257.724), as amended by 1988 PA 346.

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

Reps. Basham, Schauer, O'Neil, Hardman, Reeves, Dennis, Hale and Bogardus introduced

House Bill No. 4443, entitled

A bill to amend 1975 PA 228, entitled "Single business tax act," (MCL 208.1 to 208.145) by adding section 39d.

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

Reps. Rivet, Switalski, Hansen, DeHart, Jamnick, Schauer, Brater, Martinez, Gieleghem, Dennis, Hale, Bovin and Bogardus introduced

House Bill No. 4444, entitled

A bill to amend 1954 PA 116, entitled "Michigan election law," by amending section 726 (MCL 168.726) and by adding sections 750a and 750b.

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

Reps. Rivet, Hansen, Switalski, Jamnick, Schauer and Hale introduced

House Bill No. 4445, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 11 of chapter XVII (MCL 777.11), as added by 1998 PA 317.

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

By unanimous consent the House returned to the order of

Second Reading of Bills

House Bill No. 4302, entitled

A bill to make appropriations for the state institutions of higher education and certain state purposes related to education for the fiscal year ending September 30, 2000; to provide for the expenditures of those appropriations; and to prescribe the powers and duties of certain state departments, institutions, agencies, employees and officers.

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

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

Rep. Brewer moved to amend the bill as follows:

1. Amend page 25, following line 23, by inserting:

"Sec. 417. The legislature shall reduce the appropriations in part 1 for a state institution of higher education by the amount expended by that state institution of higher education to fulfill an outstanding obligation of athletic personnel contracts before the end of the contract term.".

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

Rep. Brewer demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 191 Yeas--84

Allen DeWeese LaForge Sanborn

Basham Ehardt Lemmons Schauer

Birkholz Faunce Lockwood Schermesser

Bisbee Frank Mans Scranton

Bogardus Garza Mead Shackleton

Bovin Gilbert Middaugh Sheltrown

Bradstreet Hager Minore Shulman

Brewer Hale Mortimer Spade

Brown, B. Hanley Neumann Stallworth

Brown, C. Hansen O'Neil Stamas

Byl Hardman Pappageorge Switalski

Callahan Howell Patterson Tabor

Cassis Jamnick Pestka Tesanovich

Caul Jelinek Price Thomas

Clark Jellema Prusi Toy

Clarke Johnson, Rick Raczkowski Van Woerkom

Daniels Julian Reeves Vander Roest

DeHart Kelly Richardville Vear

Dennis Kilpatrick Richner Wojno

DeRossett Koetje Rison Woodward

DeVuyst Kowall Rivet Woronchak

Nays--25

Baird Gosselin Kuipers Pumford

Bishop Green Kukuk Quarles

Brater Hart LaSata Rocca

Cherry Jacobs Law Scott

Garcia Jansen Martinez Vaughn

Geiger Johnson, Ruth Perricone Voorhees

Godchaux

In The Chair: Birkholz

Rep. Caul moved to amend the bill as follows:

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

"(3) When statutory provisions are enacted to provide for a Michigan merit award trust fund act, the provisions of subsection (2) are superceded.".

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

Rep. Martinez moved to amend the bill as follows:

1. Amend page 5, line 12, by striking out "70,000" and inserting "65,000".

2. Amend page 5, line 24, by striking out "153,750" and inserting "158,750" and adjusting the subtotals, totals, and section 201 accordingly.

3. Amend page 30, following line 9, by inserting:

"(3) Approved teacher education institutions may and are encouraged to use student support services funding in coordination with the Morris Hood, Jr. funding to achieve the goals of the program.".

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

Rep. Martinez demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 192 Yeas--91

Allen Frank Kowall Rivet

Baird Garcia LaForge Rocca

Basham Garza LaSata Sanborn

Birkholz Geiger Law Schauer

Bisbee Gieleghem Lemmons Schermesser

Bogardus Gilbert Lockwood Scott

Bovin Godchaux Mans Scranton

Brater Hager Martinez Shackleton

Brown, B. Hale Middaugh Sheltrown

Brown, C. Hanley Minore Spade

Byl Hansen Mortimer Stallworth

Callahan Hardman Neumann Stamas

Caul Howell O'Neil Switalski

Cherry Jacobs Pappageorge Tabor

Clark Jamnick Pestka Tesanovich

Clarke Jansen Price Thomas

Daniels Jelinek Prusi Van Woerkom

DeHart Jellema Pumford Vaughn

Dennis Johnson, Rick Quarles Vear

DeRossett Johnson, Ruth Reeves Wojno

DeWeese Julian Richardville Woodward

Ehardt Kelly Richner Woronchak

Faunce Kilpatrick Rison

Nays--18

Bishop Green Mead Shulman

Bradstreet Hart Patterson Toy

Cassis Koetje Perricone Vander Roest

DeVuyst Kuipers Raczkowski Voorhees

Gosselin Kukuk

In The Chair: Birkholz

Rep. Price moved to amend the bill as follows:

1. Amend page 3, line 13, by striking out "49,755,062" and inserting "51,255,062" and adjusting the subtotals, totals, and section 201 accordingly.

2. Amend page 3, line 14, by striking out "49,755,062" and inserting "51,255,062" and adjusting the subtotals, totals, and section 201 accordingly.

3. Amend page 3, line 16, by striking out "49,755,062" and inserting "51,255,062" and adjusting the subtotals, totals, and section 201 accordingly.

4. Amend page 4, line 7, by striking out "328,337,152" and inserting "329,837,152" and adjusting the subtotals, totals, and section 201 accordingly.

5. Amend page 4, line 8, by striking out "328,337,052" and inserting "329,837,052" and adjusting the subtotals, totals, and section 201 accordingly.

6. Amend page 4, line 10, by striking out "328,337,152" and inserting "329,837,152" and adjusting the subtotals, totals, and section 201 accordingly.

7. Amend page 4, line 22, by striking out "233,121,194" and inserting "234,621,194" and adjusting the subtotals, totals, and section 201 accordingly.

8. Amend page 4, line 24, by striking out "233,121,294" and inserting "234,621,294" and adjusting the subtotals, totals, and section 201 accordingly.

9. Amend page 4, line 26, by striking out "233,121,294" and inserting "234,621,294" and adjusting the subtotals, totals, and section 201 accordingly.

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

"Sec. 211. (1) The appropriations in sections 108, 112, and 115 include $1,500,000.00 to support the education of an additional 200 students in baccalaureate and master's degree programs in engineering.

(2) Each university receiving funds under sections 108, 112, and 115 shall report the use of those funds to the respective subcommittees on higher education appropriations by March 15, 2000.".

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

Rep. Price demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 193 Yeas--45

Baird Garza Lemmons Rivet

Basham Gieleghem Lockwood Schauer

Bogardus Hale Martinez Schermesser

Bovin Hanley Minore Scott

Brewer Hansen Neumann Spade

Brown, B. Hardman Pestka Stallworth

Callahan Jacobs Price Switalski

Cherry Jamnick Prusi Tesanovich

Clarke Kelly Quarles Thomas

DeHart Kilpatrick Reeves Vaughn

Dennis LaForge Rison Wojno

Frank

Nays--63

Allen Geiger Kuipers Rocca

Birkholz Gilbert Kukuk Sanborn

Bisbee Godchaux LaSata Scranton

Bishop Gosselin Law Shackleton

Bradstreet Green Mans Sheltrown

Brown, C. Hager Mead Shulman

Byl Hart Middaugh Stamas

Cassis Howell Mortimer Tabor

Caul Jansen O'Neil Toy

Clark Jelinek Pappageorge Van Woerkom

DeRossett Jellema Patterson Vander Roest

DeVuyst Johnson, Rick Perricone Vear

DeWeese Johnson, Ruth Pumford Voorhees

Ehardt Julian Raczkowski Woodward

Faunce Koetje Richardville Woronchak

Garcia Kowall Richner

In The Chair: Birkholz

Rep. Price moved to amend the bill as follows:

1. Amend page 20, following line 16, by inserting:

"(14) If the funds appropriated in section 120 from the Michigan merit award trust fund are not available by June 30, 2000, a sum sufficient to fund the tuition incentive program shall be appropriated from the general fund.".

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

Rep. Price demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 194 Yeas--110

Allen Frank Kuipers Rison

Baird Garcia Kukuk Rivet

Basham Garza LaForge Rocca

Birkholz Geiger LaSata Sanborn

Bisbee Gieleghem Law Schauer

Bishop Gilbert Lemmons Schermesser

Bogardus Godchaux Lockwood Scott

Bovin Gosselin Mans Scranton

Bradstreet Green Martinez Shackleton

Brater Hager Mead Sheltrown

Brewer Hale Middaugh Shulman

Brown, B. Hanley Minore Spade

Brown, C. Hansen Mortimer Stallworth

Byl Hardman Neumann Stamas

Callahan Hart O'Neil Switalski

Cassis Howell Pappageorge Tabor

Caul Jacobs Patterson Tesanovich

Cherry Jamnick Perricone Thomas

Clark Jansen Pestka Toy

Clarke Jelinek Price Van Woerkom

Daniels Jellema Prusi Vander Roest

DeHart Johnson, Rick Pumford Vaughn

Dennis Johnson, Ruth Quarles Vear

DeRossett Julian Raczkowski Voorhees

DeVuyst Kelly Reeves Wojno

DeWeese Kilpatrick Richardville Woodward

Ehardt Koetje Richner Woronchak

Faunce Kowall

Nays--0

In The Chair: Birkholz

Rep. Price moved to amend the bill as follows:

1. Amend page 6, line 24, after "award" by striking out "trust".

2. Amend page 21, line 1, after "program" by striking out the balance of the section and inserting a period.

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

"(2) A person is eligible to apply for a Michigan merit award if the person meets all of the following qualifications:

(a) Is a resident of this state at the time of graduation from high school.

(b) Has not enrolled in a postsecondary institution at the time the student takes the test or assessment under subsection (3)(a) to determine eligibility for a Michigan merit award.

(3) The Michigan merit award commission shall base eligibility for a Michigan merit award on all of the following conditions:

(a) Tests or assessments, including, but not limited to, the Michigan education assessment program (MEAP) test or the American college test (ACT).

(b) High school attendance.

(d) Student involvement in extra curricular activities.

(e) Other criteria that demonstrate the student's motivation for continuing or pursuing higher education.

(f) Demonstrated direct involvement in a student's education by a parent or guardian, as determined by the student's local school district.

(g) Participation by a student in extracurricular activities, including, but not limited to, volunteer and community service, music, athletics, student government, or other extracurricular activities as determined by the student's local school district.

(4) The Michigan merit award commission shall not give any single condition set forth in subsection (3) more than 25% consideration in determining eligibility for a Michigan merit award.

(5) The Michigan merit award commission shall annually distribute Michigan merit awards to students eligible for a Michigan merit award pursuant to the criteria determined by the commission in accordance with subsection (3).

(6) Before payment of a Michigan merit award is made, the recipient shall certify to the Michigan merit award commission in writing the name of the postsecondary school in which the recipient is enrolled and the recipient's intent to use the award for payment of educational expenses.

(7) At the option of the recipient, payment of the Michigan merit award shall be in 1 lump sum at the time of enrollment in a postsecondary institution or in periodic payments during the student's course of study.

(8) Michigan merit awards shall be awarded without regard to any of the following:

(a) The financial circumstances of the student or the student's family.

(b) Other financial aid for which the student may qualify.

(9) The Michigan merit award commission shall devise evaluation standards and eligibility criteria for future merit awards that improve student learning through positive collaboration among students, parents, and educators.

(10) The Michigan merit award commission shall submit a proposal to implement evaluation standards to the senate and house of representatives appropriations subcommittee on higher education not later than February 1, 2000.

(11) A Michigan merit award shall be $2,500.00 for calendar year 2000 and shall be renewable in calendar year 2001.".

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

Rep. Price demanded the yeas and nays.

The demand was supported.

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

After debate,

Rep. Byl demanded the previous question.

The demand was supported.

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

The previous question was ordered.

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

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

Roll Call No. 195 Yeas--52

Baird Frank Lockwood Rivet

Basham Garza Mans Schauer

Bogardus Gieleghem Martinez Schermesser

Bovin Hale Minore Scott

Brater Hanley Neumann Sheltrown

Brewer Hansen O'Neil Spade

Brown, B. Hardman Pestka Stallworth

Callahan Jacobs Price Switalski

Cherry Jamnick Prusi Tesanovich

Clark Kelly Quarles Thomas

Clarke Kilpatrick Reeves Vaughn

DeHart LaForge Richardville Wojno

Dennis Lemmons Rison Woodward

Nays--57

Allen Geiger Koetje Richner

Birkholz Gilbert Kowall Rocca

Bisbee Godchaux Kuipers Sanborn

Bishop Gosselin Kukuk Scranton

Bradstreet Green LaSata Shackleton

Brown, C. Hager Law Shulman

Byl Hart Mead Stamas

Cassis Howell Middaugh Tabor

Caul Jansen Mortimer Toy

DeRossett Jelinek Pappageorge Van Woerkom

DeVuyst Jellema Patterson Vander Roest

DeWeese Johnson, Rick Perricone Vear

Ehardt Johnson, Ruth Pumford Voorhees

Faunce Julian Raczkowski Woronchak

Garcia

In The Chair: Birkholz

Rep. Wojno moved to amend the bill as follows:

1. Amend page 21, line 2, after "commission." by inserting "The amount of a Michigan merit award shall be $5,000.00.".

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

Rep. Wojno demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 196 Yeas--41

Basham Garza Minore Schauer

Bogardus Gieleghem Neumann Schermesser

Brewer Hale O'Neil Scott

Brown, B. Hanley Pestka Scranton

Callahan Hardman Price Sheltrown

Cherry Kelly Prusi Spade

Clark Kilpatrick Quarles Stallworth

Clarke LaForge Reeves Thomas

DeHart Lockwood Rison Vaughn

Dennis Mans Rivet Wojno

Frank

Nays--65

Allen Geiger Koetje Richardville

Birkholz Gilbert Kowall Richner

Bisbee Godchaux Kuipers Rocca

Bishop Gosselin Kukuk Sanborn

Bovin Green LaSata Shackleton

Bradstreet Hager Law Shulman

Brater Hansen Lemmons Stamas

Brown, C. Hart Martinez Switalski

Byl Howell Mead Tabor

Cassis Jacobs Middaugh Toy

Caul Jansen Mortimer Van Woerkom

DeRossett Jelinek Pappageorge Vander Roest

DeVuyst Jellema Patterson Vear

DeWeese Johnson, Rick Perricone Voorhees

Ehardt Johnson, Ruth Pumford Woodward

Faunce Julian Raczkowski Woronchak

Garcia

In The Chair: Birkholz

Reps. Shackleton, Hager, Faunce, Howell, Gilbert, Kowall, DeRossett, Julian, Richardville and Van Woerkom, having reserved the right to explain their nay vote, made the following statement:

"Mr. Speaker and members of the House:

This amendment continues the trend of the evening of attempting to spend money the state does not have. I am fully supportive of the Merit Scholarship proposal and will work towards full implementation of this exciting program."

Rep. Jellema moved to amend the bill as follows:

1. Amend page 25, line 11, after "director" by striking out the balance of the section and inserting "by November 1, 1999 shall provide the house and senate appropriations committees and the house and senate fiscal agencies with a listing of the programs imbedded in the appropriations in sections 102 through 116 of this bill that were previously funded through a separate line-item appropriation or that the state budget director deems to be of an ancillary nature. The provision of this information shall not diminish the overall appropriation to any state university.".

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

Rep. Price moved to amend the bill as follows:

1. Amend page 5, line 7, by striking out all of section 117 and inserting:

"Sec. 117. RESIDENT TUITION/STATE APPROPRIATIONS RATIO ADJUSTMENT

Resident tuition/state appropriations ratio adjustment $ 55,000,000

GROSS APPROPRIATION $ 55,000,000

Appropriated from:

State general fund/general purpose $ 55,000,000"

and adjusting the subtotals, totals, and section 201 accordingly.

2. Amend page 6, line 9, by striking out "5,419,613" and inserting "7,019,613" and adjusting the subtotals, totals, and section 201 accordingly.

3. Amend page 6, line 10, by striking out all of lines 10 and 11 and adjusting the subtotals, totals, and section 201 accordingly.

4. Amend page 9, line 3, by striking out all of section 206 and inserting:

"Sec. 206. (1) The resident tuition/state appropriations ratio amount identified in section 117 shall be allocated as provided in this section.

(2) A state university is eligible for an allocation if its 1998-99 ratio of resident tuition revenue divided by the sum of resident tuition revenue and base state appropriations is greater than 0.34.

(3) The allocation shall be made if a state university identified in subsection (2) reduces its resident tuition and fee rate for the 1999-2000 academic year.

(4) The allocation shall be made on a matching basis so that, for each dollar of resident tuition and fee revenue that a state university forgoes, the appropriation in section 117 shall replace that tuition and fee revenue.

(5) The estimated allocation for 1999-2000 shall not exceed the following:

Central Michigan University $ 5,500,000

Eastern Michigan University 4,500,000

Ferris State University 2,000,000

Grand Valley State University 8,300,000

Lake Superior State University 1,300,000

Michigan State University 13,000,000

Michigan Technological University 0

Northern Michigan University 0

Oakland University 7,200,000

Saginaw Valley State University 1,700,000

University of Michigan-Ann Arbor 0

University of Michigan-Dearborn 6,000,000

University of Michigan-Flint 3,200,000

Wayne State University 0

Western Michigan University 2,300,000

(6) The allocation for 1999-2000 is intended as a partial payment and as the first of several allocations in subsequent fiscal years so that all universities will achieve the ratio specified in subsection (2).".

5. Amend page 15, line 5, by striking out all of subsection (7).

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

Rep. Price demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 197 Yeas--50

Baird Frank Mans Schauer

Basham Garza Martinez Schermesser

Bogardus Gieleghem Minore Scott

Bovin Hale Neumann Shackleton

Brater Hanley O'Neil Sheltrown

Brewer Hansen Pestka Spade

Callahan Hardman Price Stallworth

Cherry Jacobs Prusi Tesanovich

Clark Jamnick Quarles Thomas

Clarke Kelly Reeves Vaughn

Daniels LaForge Rison Wojno

DeHart Lemmons Rivet Woodward

Dennis Lockwood

Nays--59

Allen Garcia Koetje Richner

Birkholz Geiger Kowall Rocca

Bisbee Gilbert Kuipers Sanborn

Bishop Godchaux Kukuk Scranton

Bradstreet Gosselin LaSata Shulman

Brown, B. Green Law Stamas

Brown, C. Hager Mead Switalski

Byl Hart Middaugh Tabor

Cassis Howell Mortimer Toy

Caul Jansen Pappageorge Van Woerkom

DeRossett Jelinek Patterson Vander Roest

DeVuyst Jellema Perricone Vear

DeWeese Johnson, Rick Pumford Voorhees

Ehardt Johnson, Ruth Raczkowski Woronchak

Faunce Julian Richardville

In The Chair: Birkholz

Rep. Raczkowski moved that consideration of the bill be postponed for the day.

The motion prevailed.

______

Rep. Raczkowski moved that when the House adjourns today it stand adjourned until Thursday, March 25, 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 Pro Tempore declared the House adjourned until Thursday, March 25, at 12:01 a.m.

GARY L. RANDALL

Clerk of the House of Representatives.

Baird	DeWeese	LaForge	Rivet
Basham	Frank	Lemmons	Schauer
Bisbee	Garza	Lockwood	Scott
Bogardus	Gieleghem	Mans	Shackleton
Bovin	Gilbert	Martinez	Sheltrown
Brater	Hager	Minore	Shulman
Brewer	Hale	Neumann	Spade
Brown, B.	Hanley	O'Neil	Stallworth
Callahan	Hansen	Pestka	Switalski
Cherry	Hardman	Price	Tesanovich
Clark	Jacobs	Prusi	Thomas
Clarke	Jamnick	Quarles	Vaughn
Daniels	Kelly	Reeves	Wojno
DeHart	Kilpatrick	Rison	Woodward

Allen	Godchaux	Kukuk	Richner
Birkholz	Gosselin	LaSata	Rocca
Bishop	Green	Law	Sanborn
Bradstreet	Hart	Mead	Scranton
Brown, C.	Howell	Middaugh	Stamas
Cassis	Jansen	Mortimer	Tabor
Caul	Jelinek	Pappageorge	Toy
DeRossett	Jellema	Patterson	Van Woerkom
DeVuyst	Johnson, Rick	Perricone	Vander Roest
Ehardt	Johnson, Ruth	Pumford	Vear
Faunce	Julian	Raczkowski	Voorhees
Garcia	Koetje	Richardville	Woronchak

Baird	Dennis	Lemmons	Rivet
Basham	Frank	Lockwood	Schauer
Bogardus	Garza	Mans	Scott
Bovin	Gieleghem	Martinez	Sheltrown
Brater	Hale	Minore	Spade
Brewer	Hanley	Neumann	Stallworth
Brown, B.	Hansen	O'Neil	Switalski
Callahan	Hardman	Pestka	Tesanovich
Cherry	Jacobs	Price	Thomas
Clark	Jamnick	Prusi	Vaughn
Clarke	Kelly	Quarles	Wojno
Daniels	Kilpatrick	Reeves	Woodward
DeHart	LaForge	Rison

Allen	Geiger	Kowall	Richner
Birkholz	Gilbert	Kuipers	Rocca
Bisbee	Godchaux	Kukuk	Sanborn
Bishop	Gosselin	LaSata	Scranton
Bradstreet	Green	Law	Shackleton
Brown, C.	Hager	Mead	Shulman
Byl	Hart	Middaugh	Stamas
Cassis	Howell	Mortimer	Tabor
Caul	Jansen	Pappageorge	Toy
DeRossett	Jelinek	Patterson	Van Woerkom
DeVuyst	Jellema	Perricone	Vander Roest
DeWeese	Johnson, Rick	Pumford	Vear
Ehardt	Johnson, Ruth	Raczkowski	Voorhees
Faunce	Julian	Richardville	Woronchak

Resident tuition/state appropriations ratio adjustment	$	55,000,000
GROSS APPROPRIATION	$	55,000,000