hj03259t.028

No. 28

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

90th Legislature

REGULAR SESSION OF 1999

House Chamber, Lansing, Thursday, March 25, 1999.

12:01 a.m.

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

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

Allen--present

Baird--present

Basham--present

Birkholz--present

Bisbee--present

Bishop--present

Bogardus--present

Bovin--present

Bradstreet--present

Brater--present

Brewer--present

Brown, Bob--present

Brown, Cameron--present

Byl--present

Callahan--present

Cassis--present

Caul--present

Cherry--present

Clark--present

Clarke--present

Daniels--present

DeHart--present

Dennis--present

DeRossett--present

DeVuyst--present

DeWeese--present

Ehardt--present

Faunce--present

Frank--present

Garcia--present

Garza--present

Geiger--present

Gieleghem--present

Gilbert--present

Godchaux--present

Gosselin--present

Green--present

Hager--present

Hale--present

Hanley--present

Hansen--present

Hardman--present

Hart--present

Howell--present

Jacobs--present

Jamnick--present

Jansen--present

Jelinek--present

Jellema--present

Johnson, Rick--present

Johnson, Ruth--present

Julian--present

Kelly--present

Kilpatrick--present

Koetje--present

Kowall--present

Kuipers--present

Kukuk--present

LaForge--present

LaSata--present

Law--present

Lemmons--present

Lockwood--present

Mans--present

Martinez--present

Mead--present

Middaugh--present

Minore--present

Mortimer--present

Neumann--present

O'Neil--present

Pappageorge--present

Patterson--present

Perricone--present

Pestka--present

Price--present

Prusi--present

Pumford--present

Quarles--present

Raczkowski--present

Reeves--present

Richardville--present

Richner--present

Rison--present

Rivet--present

Rocca--present

Sanborn--present

Schauer--present

Schermesser--present

Scott--present

Scranton--present

Shackleton--present

Sheltrown--present

Shulman--present

Spade--present

Stallworth--present

Stamas--present

Switalski--present

Tabor--present

Tesanovich--present

Thomas--present

Toy--present

Vander Roest--present

Van Woerkom--present

Vaughn--present

Vear--present

Voorhees--present

Wojno--present

Woodward--present

Woronchak--present

e/d/s = entered during session

Rep. David Mead, from the 101st District, offered the following invocation:

"Dear Heavenly and Most Merciful Father, we give You thanks for all the gifts that You bestow upon us. We give You thanks for living in the greatest country in this world. We give You thanks for living in the greatest state in this country. We give You thanks for the opportunity to serve, and we ask You to guide our decisions with wisdom. We also ask You at this moment to be with our men and women who are serving this great country in the perils that face them in the days ahead. Again, we ask You to guide us in our decisions as we start this new day. We ask all these things through Christ our Lord. Amen."

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.

(The bill was read a second time, substitute (H-1) and amendments adopted and bill postponed for the day on March 24, see House Journal No. 27, p. 499.)

Rep. Dennis moved to amend the bill as follows:

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

"(c) The Michigan merit award shall not be considered when determining eligibility for other state financial aid.".

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

Rep. Dennis demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 198 Yeas--70

Baird Frank Lockwood Scott

Basham Gieleghem Mans Scranton

Bisbee Gilbert Martinez Shackleton

Bogardus Hager Middaugh Sheltrown

Bovin Hale Minore Shulman

Brater Hanley Neumann Spade

Brewer Hansen O'Neil Stallworth

Brown, B. Hardman Patterson Switalski

Callahan Hart Pestka Tesanovich

Cherry Howell Price Thomas

Clark Jacobs Prusi Van Woerkom

Clarke Jamnick Quarles Vander Roest

Daniels Julian Reeves Vaughn

DeHart Kelly Rison Vear

Dennis Kilpatrick Rivet Voorhees

DeWeese Kowall Schauer Wojno

Ehardt LaForge Schermesser Woodward

Faunce Lemmons

Nays--39

Allen Garcia Koetje Raczkowski

Birkholz Geiger Kuipers Richardville

Bishop Godchaux Kukuk Richner

Bradstreet Gosselin LaSata Rocca

Brown, C. Green Law Sanborn

Byl Jansen Mead Stamas

Cassis Jelinek Mortimer Tabor

Caul Jellema Pappageorge Toy

DeRossett Johnson, Rick Perricone Woronchak

DeVuyst Johnson, Ruth Pumford

In The Chair: Birkholz

Rep. Frank moved to amend the bill as follows:

1. Amend page 35, following line 3, by inserting:

"Enacting section 1. This act does not take effect unless House Bill No. 4430 is enacted into law.".

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

Rep. Frank demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 199 Yeas--51

Baird Dennis Lockwood Schauer

Basham Frank Mans Schermesser

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 Rison Woodward

DeHart Lemmons Rivet

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. Price moved to amend the bill as follows:

1. Amend page 5, line 10, by striking out "31,025,108" and inserting "31,490,477".

2. Amend page 5, line 11, by striking out "26,684,394" and inserting "27,084,666".

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

Roll Call No. 200 Yeas--57

Baird Ehardt Kilpatrick Rison

Basham Faunce LaForge Rivet

Bogardus Frank Lemmons Schauer

Bovin Garcia Lockwood Schermesser

Bradstreet Gieleghem Mans Scott

Brater Green Martinez Sheltrown

Brewer Hale Minore Spade

Brown, B. Hanley Neumann Stallworth

Callahan Hansen O'Neil Switalski

Cherry Hardman Pestka Tesanovich

Clark Jacobs Price Thomas

Clarke Jamnick Prusi Vaughn

Daniels Julian Quarles Wojno

DeHart Kelly Reeves Woodward

Dennis

Nays--51

Allen Godchaux Kukuk Sanborn

Birkholz Gosselin LaSata Scranton

Bisbee Hager Mead Shackleton

Bishop Hart Middaugh Shulman

Brown, C. Howell Mortimer Stamas

Byl Jansen Pappageorge Tabor

Cassis Jelinek Patterson Toy

Caul Jellema Perricone Van Woerkom

DeRossett Johnson, Rick Pumford Vander Roest

DeVuyst Johnson, Ruth Raczkowski Vear

DeWeese Koetje Richardville Voorhees

Geiger Kowall Richner Woronchak

Gilbert Kuipers Rocca

In The Chair: Birkholz

______

Reps. Richardville, DeRossett, Howell, Hager, Shackleton, Gilbert, Kowall, Van Woerkom, Tabor, Middaugh, Cameron Brown and Vander Roest, having reserved the right to explain their nay vote, made the following statement:

"Mr. Speaker and members of the House:

I voted no on amendment number 16 to House Bill 4302 (H-1) because there have been no funds identified at this time to support these line item additions. I understand the needs of both the Agricultural Extension Service and the Agricultural Experimental Center and will work within the budget process to find the needed resources."

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

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

The question being on the adoption of the amendments offered by Rep. 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. 201 Yeas--54

Baird Frank Lemmons Rivet

Basham Garcia 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 Julian Quarles Vaughn

Daniels Kelly Reeves Wojno

DeHart Kilpatrick Rison Woodward

Dennis LaForge

Nays--56

In The Chair: Birkholz

______

Reps. Richardville, DeRossett, Hager, Shackleton, Gilbert, Kowall, Tabor, Faunce, Voorhees and Sanborn having reserved the right to explain their nay vote, made the following statement:

"Mr. Speaker and members of the House:

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

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

Rep. Middaugh 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. 4302, 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. 202 Yeas--69

Allen Geiger Kukuk Schauer

Baird Gilbert LaSata Schermesser

Birkholz Godchaux Mans Scranton

Bisbee Green Martinez Shackleton

Bishop Hager Mead Sheltrown

Bradstreet Hart Middaugh Shulman

Brewer Howell Mortimer Spade

Brown, B. Jansen Neumann Stamas

Brown, C. Jelinek Pappageorge Switalski

Byl Jellema Patterson Tabor

Cassis Johnson, Rick Perricone Toy

Caul Johnson, Ruth Pestka Van Woerkom

DeRossett Julian Pumford Vander Roest

DeVuyst Kelly Raczkowski Vear

DeWeese Koetje Richardville Voorhees

Ehardt Kowall Rocca Wojno

Faunce Kuipers Sanborn Woronchak

Garcia

Nays--41

Basham Frank Kilpatrick Reeves

Bogardus Garza LaForge Richner

Bovin Gieleghem Law Rison

Brater Gosselin Lemmons Rivet

Callahan Hale Lockwood Scott

Cherry Hanley Minore Stallworth

Clark Hansen O'Neil Tesanovich

Clarke Hardman Price Thomas

Daniels Jacobs Prusi Vaughn

DeHart Jamnick Quarles Woodward

Dennis

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:

The motion prevailed.

The House agreed to the title as amended.

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

"Mr. Speaker and members of the House:

I vote 'no' on this budget because I was elected on a promise to shrink government, not grow it. The increase in the general purpose/general fund portion of this budget, the portion of the budget which comes from state taxes, exceeds the rate of inflation for the past year."

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. 203 Yeas--59

Allen Gilbert Kukuk Rocca

Birkholz Godchaux LaSata Sanborn

Bisbee Green Law Scranton

Bradstreet Hager Mead Shackleton

Brown, C. Hart Middaugh Sheltrown

Byl Howell Mortimer Shulman

Cassis Jansen Neumann Spade

Caul Jelinek Pappageorge Stamas

DeRossett Jellema Patterson Tabor

DeVuyst Johnson, Rick Perricone Toy

DeWeese Johnson, Ruth Pestka Van Woerkom

Ehardt Julian Pumford Vear

Faunce Koetje Raczkowski Voorhees

Garcia Kowall Richardville Woronchak

Geiger Kuipers Richner

Nays--51

Baird DeHart Kilpatrick Rivet

Basham Dennis LaForge Schauer

Bishop Frank Lemmons Schermesser

Bogardus Garza Lockwood Scott

Bovin Gieleghem Mans Stallworth

Brater Gosselin Martinez Switalski

Brewer Hale Minore Tesanovich

Brown, B. Hanley O'Neil Thomas

Callahan Hansen Price Vander Roest

Cherry Hardman Prusi Vaughn

Clark Jacobs Quarles Wojno

Clarke Jamnick Reeves Woodward

Daniels Kelly Rison

In The Chair: Birkholz

______

The Speaker assumed the Chair.

By unanimous consent the House returned to the order of

Messages from the Senate

The Speaker laid before the House

Senate Bill No. 297, entitled

A bill to amend 1976 PA 451, entitled "An act to provide a system of public instruction and elementary and secondary schools; to revise, consolidate, and clarify the laws relating to elementary and secondary education; to provide for the organization, regulation, and maintenance of schools, school districts, public school academies, and intermediate school districts; to prescribe rights, powers, duties, and privileges of schools, school districts, public school academies, and intermediate school districts; to provide for the regulation of school teachers and certain other school employees; to provide for school elections and to prescribe powers and duties with respect thereto; to provide for the levy and collection of taxes; to provide for the borrowing of money and issuance of bonds and other evidences of indebtedness; to establish a fund and provide for expenditures from that fund; to provide for and prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to provide for licensure of boarding schools; to prescribe penalties; and to repeal acts and parts of acts," by amending sections 402 and 471a (MCL 380.402 and 380.471a), section 471a as amended by 1982 PA 71, and by adding part 5A and section 449.

(The bill was received from the Senate on March 23, with substitute (S-3) to the House substitute (H-8) and immediate effect given by the Senate, consideration of which, under the rules, was postponed until March 24, see House Journal No. 26, p. 456.)

The question being on concurring in the adoption of the substitute (S-3) to the House substitute (H-8) made to the bill by the Senate,

Rep. Perricone moved to substitute (H-18) the Senate substitute (S-3).

The motion prevailed and the substitute (H-18) was adopted, a majority of the members serving voting therefor.

Rep. Schermesser moved to amend the Senate substitute (S-3), as substituted (H-18), as follows:

1. Amend page 4, line 21, after "PART." by inserting "WITHIN 30 DAYS AFTER APPOINTING A SCHOOL REFORM BOARD UNDER THIS PART, THE MAYOR SHALL INITIATE A FINANCIAL AUDIT OF THE QUALIFYING SCHOOL DISTRICT. THE MAYOR SHALL PROVIDE THE RESULTS OF THIS AUDIT TO THE SCHOOL REFORM BOARD.".

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

Rep. Stallworth moved to amend the Senate substitute (S-3), as substituted (H-18), as follows:

1. Amend page 8, following line 24, by inserting:

"SEC. 373A. IT IS THE INTENT OF THE LEGISLATURE THAT BEGINNING IN THE 2000-2001 SCHOOL YEAR, THE PRIMARY GOAL OF A QUALIFYING SCHOOL DISTRICT'S UTILIZATION OF ITS RESOURCES BE DIRECT CLASSROOM EDUCATIONAL SERVICES, AND THE PRIMARY GOAL SHALL BE THAT AT LEAST 80% OF ITS GROSS APPROPRIATION BE UTILIZED FOR THOSE SERVICES.".

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. 204 Yeas--48

Baird Frank Lemmons Schauer

Basham Garza Lockwood Schermesser

Bovin Gieleghem Martinez Scott

Brater Hale Minore Sheltrown

Brewer Hanley Neumann Spade

Brown, B. Hansen Pestka Stallworth

Callahan Hardman Price Switalski

Clark Jacobs Prusi Tesanovich

Clarke Jamnick Quarles Thomas

Daniels Kelly Reeves Vaughn

DeHart Kilpatrick Rison Wojno

Dennis LaForge Rivet Woodward

Nays--57

Allen Gilbert Kowall Richner

Birkholz Godchaux Kuipers Rocca

Bisbee Gosselin Kukuk Sanborn

Bishop Green LaSata Scranton

Bradstreet Hager Law Shackleton

Brown, C. Hart Mead Shulman

Cassis Howell Middaugh Stamas

Caul Jansen Mortimer Tabor

DeRossett Jelinek Pappageorge Toy

DeVuyst Jellema Patterson Van Woerkom

DeWeese Johnson, Rick Perricone Vander Roest

Ehardt Johnson, Ruth Pumford Vear

Faunce Julian Raczkowski Voorhees

Garcia Koetje Richardville Woronchak

Geiger

In The Chair: Perricone

Rep. Stallworth moved to amend the Senate substitute (S-3), as substituted (H-18), as follows:

1. Amend page 7, line 13, after "or" by inserting "UTILIZATION OF THE $35,000,000.00 TO BE APPROPRIATED FOR THE ELIMINATION OF SOCIAL ECONOMIC BARRIERS TO LEARNING".

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. 205 Yeas--26

Baird Garza Lemmons Rison

Brewer Hale Lockwood Schauer

Cherry Hansen Minore Scott

Clark Hardman Price Stallworth

Clarke Jacobs Quarles Thomas

Daniels Kilpatrick Reeves Vaughn

Dennis LaForge

Nays--76

Allen Frank Koetje Rocca

Basham Garcia Kowall Sanborn

Birkholz Geiger Kuipers Schermesser

Bisbee Gieleghem Kukuk Scranton

Bishop Gilbert LaSata Shackleton

Bogardus Godchaux Law Sheltrown

Bovin Gosselin Mead Shulman

Bradstreet Green Middaugh Spade

Brown, B. Hager Mortimer Stamas

Brown, C. Hart Neumann Switalski

Callahan Howell Pappageorge Tabor

Cassis Jamnick Patterson Toy

Caul Jansen Perricone Van Woerkom

DeHart Jelinek Pestka Vander Roest

DeRossett Jellema Pumford Vear

DeVuyst Johnson, Rick Raczkowski Voorhees

DeWeese Johnson, Ruth Richardville Wojno

Ehardt Julian Richner Woodward

Faunce Kelly Rivet Woronchak

In The Chair: Perricone

Rep. Stallworth moved to amend the Senate substitute (S-3), as substituted (H-18), as follows:

1. Amend page 11, line 15, after "TO" by striking out "10%" and inserting "5%".

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. 206 Yeas--50

Baird Frank Lockwood Schauer

Basham Garza Martinez Schermesser

Bovin Gieleghem Minore Scott

Brater Hale Neumann Sheltrown

Brewer Hanley O'Neil Spade

Brown, B. Hansen Pestka Stallworth

Callahan Hardman Price Switalski

Cherry Jacobs Prusi Tesanovich

Clark Jamnick Quarles Thomas

Clarke Kelly Reeves Vaughn

Daniels Kilpatrick Rison Wojno

DeHart LaForge Rivet Woodward

Dennis Lemmons

Nays--59

Allen Garcia Koetje Richner

Birkholz Geiger Kowall Rocca

Bisbee Gilbert Kuipers Sanborn

Bishop Godchaux Kukuk Scranton

Bogardus Gosselin LaSata Shackleton

Bradstreet Green Law Shulman

Brown, C. Hager Mead Stamas

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: Perricone

Rep. Stallworth moved to amend the Senate substitute (S-3), as substituted (H-18), as follows:

1. Amend page 7, line 8, after "INCLUDES" by inserting "A UTILIZATION AND ALLOCATION FORMULA FOR THE $15,000,000.00 TO BE APPROPRIATED FOR CLASS SIZE REDUCTION".

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

Rep. Hardman moved to amend the Senate substitute (S-3), as substituted (H-18), as follows:

1. Amend page 3, line 23, after "DUTIES" by inserting "NOT TO EXCEED "$2,500.00 MONTHLY".

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

Rep. Hardman demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 207 Yeas--45

Baird Dennis LaForge Rivet

Basham Garza Lemmons Schermesser

Bovin Gieleghem Lockwood Scott

Brater Hale Martinez Spade

Brewer Hanley Middaugh Stallworth

Brown, B. Hansen Minore Switalski

Callahan Hardman Neumann Tesanovich

Cherry Jacobs Prusi Thomas

Clark Jamnick Quarles Vaughn

Clarke Kelly Reeves Wojno

Daniels Kilpatrick Rison Woodward

DeHart

Nays--62

Allen Geiger Kuipers Rocca

Birkholz Gilbert Kukuk Sanborn

Bisbee Godchaux LaSata Schauer

Bishop Gosselin Law Scranton

Bradstreet Green Mead Shackleton

Brown, C. Hager Mortimer Sheltrown

Byl Hart O'Neil Shulman

Cassis Howell Pappageorge Stamas

Caul Jansen Patterson Tabor

DeRossett Jelinek Perricone Toy

DeVuyst Jellema Pestka Van Woerkom

DeWeese Johnson, Rick Pumford Vander Roest

Ehardt Johnson, Ruth Raczkowski Vear

Faunce Julian Richardville Voorhees

Frank Koetje Richner Woronchak

Garcia Kowall

In The Chair: Perricone

Rep. Vaughn moved to amend the Senate substitute (S-3), as substituted (H-18), as follows:

1. Amend page 2, line 13, after "CURRENT" by inserting "LOCALLY ELECTED OFFICIAL, APPOINTEE, OR AT-WILL EMPLOYEE OF ANY LOCAL UNIT OF GOVERNMENT OR".

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

Rep. Vaughn demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 208 Yeas--32

Baird DeHart Kilpatrick Reeves

Basham Dennis LaForge Schermesser

Brater Garza Lemmons Scott

Brewer Hale Lockwood Spade

Brown, B. Hansen Martinez Stallworth

Clark Hardman Minore Switalski

Clarke Jacobs Neumann Vaughn

Daniels Kelly Quarles Wojno

Nays--70

Allen Garcia Kowall Rivet

Birkholz Geiger Kuipers Rocca

Bisbee Gieleghem Kukuk Sanborn

Bishop Gilbert LaSata Schauer

Bogardus Godchaux Law Scranton

Bradstreet Gosselin Mead Shackleton

Brown, C. Green Middaugh Sheltrown

Byl Hager Mortimer Shulman

Callahan Hart O'Neil Stamas

Cassis Howell Pappageorge Tabor

Caul Jamnick Patterson Toy

Cherry Jansen Perricone Van Woerkom

DeRossett Jelinek Pestka Vander Roest

DeVuyst Jellema Pumford Vear

DeWeese Johnson, Rick Raczkowski Voorhees

Ehardt Johnson, Ruth Richardville Woodward

Faunce Julian Richner Woronchak

Frank Koetje

In The Chair: Perricone

Rep. Thomas moved to amend the Senate substitute (S-3), as substituted (H-18), as follows:

1. Amend page 14, following line 6, by inserting:

"SEC. 377. THE ENACTMENT OF THIS PART SHALL NOT RESULT IN THE DIMINUTION IN THE AMOUNT OF STATE FUNDS AVAILABLE TO A QUALIFYING SCHOOL DISTRICT TO BE USED DIRECTLY FOR THE EDUCATION AND WELFARE OF CHILDREN. IF THE LEGISLATURE DETERMINES THAT THE ENACTMENT OF THIS PART HAS RESULTED IN SUCH A DIMINUTION OF STATE FUNDS, THE LEGISLATURE SHALL APPROPRIATE ADDITIONAL FUNDS TO THE QUALIFYING SCHOOL DISTRICT TO MAKE UP THE SHORTFALL.".

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

Rep. Thomas demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 209 Yeas--48

Baird DeHart Lemmons Rivet

Basham Dennis Lockwood Schauer

Bogardus Garza Martinez Schermesser

Bovin Gieleghem Minore Scott

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 Rison Woodward

Nays--58

Allen Gilbert Kuipers Rocca

Birkholz Godchaux Kukuk Sanborn

Bisbee Gosselin LaSata Scranton

Bishop Green Law Shackleton

Bradstreet Hager Mead Sheltrown

Brown, C. Hart Middaugh Shulman

Byl Howell Mortimer Stamas

Cassis Jansen Pappageorge Tabor

Caul Jelinek Patterson Toy

DeRossett Jellema Perricone Van Woerkom

DeVuyst Johnson, Rick Pumford Vander Roest

DeWeese Johnson, Ruth Raczkowski Vear

Ehardt Julian Richardville Voorhees

Faunce Koetje Richner Woronchak

Garcia Kowall

In The Chair: Perricone

Rep. Reeves moved to amend the Senate substitute (S-3), as substituted (H-18), as follows:

1. Amend page 3, line 27, after "UNTIL" by striking out the balance of the subsection and inserting "THE ELECTED SCHOOL BOARD IS REINSTATED UNDER SECTION 375, EXCEPT THAT THE ELECTED SCHOOL BOARD MAY CONTINUE TO MEET AND TO REPORT TO THE SCHOOL REFORM BOARD IN AN ADVISORY CAPACITY. THE ELECTED SCHOOL BOARD SHALL CONTINUE TO HOLD SCHOOL BOARD ELECTIONS AS PROVIDED BY LAW AND SHALL CONTINUE TO EXERCISE ITS POWERS AND DUTIES UNDER SECTIONS 404B AND 415.".

2. Amend page 5, line 20, after "PROJECTS." by inserting "HOWEVER, BEFORE ENTERING INTO A CONTRACT TO EXPEND MORE THAN $500,000.00 OF PROCEEDS FROM BONDED INDEBTEDNESS OR FROM OTHER FUNDS DEDICATED TO CAPITAL PROJECTS, THE CHIEF EXECUTIVE OFFICER SHALL SUBMIT THE CONTRACT TO THE ELECTED SCHOOL BOARD OF THE QUALIFYING SCHOOL DISTRICT FOR ITS APPROVAL.".

3. Amend page 9, line 21, by striking out all of section 375 and inserting:

"SEC. 375. (1) AFTER THE EXPIRATION OF 5 YEARS AFTER THE INITIAL APPOINTMENT OF A SCHOOL REFORM BOARD IN A QUALIFYING SCHOOL DISTRICT UNDER THIS PART, ALL OF THE FOLLOWING APPLY IN A QUALIFYING SCHOOL DISTRICT:

(A) THE ELECTED SCHOOL BOARD OF THE QUALIFYING SCHOOL DISTRICT IS REINSTATED AS THE GOVERNING BODY OF THE QUALIFYING SCHOOL DISTRICT AND AS OF THAT DATE THE ELECTED SCHOOL BOARD AND ITS SECRETARY AND TREASURER SHALL AGAIN BE FULLY VESTED WITH ALL OF THE POWERS, DUTIES, AND PRIVILEGES UNDER THE LAW THAT THEY HAD BEFORE THE APPOINTMENT OF THE REFORM SCHOOL BOARD.

(B) THE POWERS OF THE REFORM SCHOOL BOARD APPOINTED FOR THE QUALIFIED SCHOOL DISTRICT UNDER THIS PART AND OF ALL OFFICERS APPOINTED UNDER SECTION 374 SHALL CEASE.

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

Rep. Reeves demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 210 Yeas--50

Baird Dennis Lockwood Schauer

Basham Frank Martinez Schermesser

Bogardus Garza Minore Scott

Bovin Gieleghem Neumann Sheltrown

Brater Hale O'Neil Spade

Brewer Hanley Pestka Stallworth

Brown, B. Hansen Price Switalski

Callahan Hardman Prusi Tesanovich

Cherry Jacobs Quarles Thomas

Clark Kelly Reeves Vaughn

Clarke Kilpatrick Rison Wojno

Daniels LaForge Rivet Woodward

DeHart Lemmons

Nays--58

Allen Gilbert Kowall Richner

Birkholz Godchaux Kuipers Rocca

Bisbee Gosselin Kukuk Sanborn

Bishop Green LaSata Scranton

Bradstreet Hager Law Shackleton

Brown, C. Hart Mead Shulman

Byl Howell Middaugh Stamas

Cassis Jamnick 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: Perricone

Rep. Lemmons moved to amend the Senate substitute (S-3), as substituted (H-18), as follows:

1. Amend page 4, line 5, after "BASIS" by striking out "ONLY" and inserting "AND TO EXERCISE AUTHORITY OVER AND PROVIDE FOR THE EXPENDITURE OF PROCEEDS FROM BONDED INDEBTENESS OF THE QUALIFYING SCHOOL DISTRICT".

2. Amend page 5, line 19, after "FUNDS," by striking out "INCLUDING" and inserting "EXCEPT FOR".

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

Rep. Lemmons demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 211 Yeas--48

Baird DeHart Lemmons Schauer

Basham Dennis Lockwood Schermesser

Bogardus Garza Martinez Scott

Bovin Gieleghem Neumann Sheltrown

Brater Hale O'Neil Spade

Brewer Hanley Pestka Stallworth

Brown, B. Hansen Price Switalski

Callahan Hardman Prusi Tesanovich

Cherry Jacobs Quarles Thomas

Clark Kelly Reeves Vaughn

Clarke Kilpatrick Rison Wojno

Daniels LaForge Rivet Woodward

Nays--58

Allen Gilbert Kowall Richner

Birkholz Godchaux Kuipers Rocca

Bisbee Gosselin Kukuk Sanborn

Bishop Green LaSata Scranton

Bradstreet Hager Law Shackleton

Brown, C. Hart Mead Shulman

Byl Howell Middaugh Stamas

Cassis Jamnick 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: Perricone

Rep. Lemmons moved to amend the Senate substitute (S-3), as substituted (H-18), as follows:

1. Amend page 1, line 7, by striking out all of subdivisions (B) and (C) and inserting:

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

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

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

4. Amend page 2, line 11, after "THE" by striking out "MAYOR" and inserting "CHIEF LOCAL ELECTED OFFICIAL OF A QUALIFYING SCHOOL DISTRICT".

5. Amend page 2, line 21, after the second "THE" by striking out "MAYOR" and inserting "CHIEF LOCAL ELECTED OFFICIAL OF A QUALIFYING SCHOOL DISTRICT".

6. Amend page 2, line 27, after the first "THE" by striking out "MAYOR" and inserting "CHIEF LOCAL ELECTED OFFICIAL OF A QUALIFYING SCHOOL DISTRICT".

7. Amend page 3, line 1, by striking out "MAYOR" and inserting "CHIEF LOCAL ELECTED OFFICIAL OF A QUALIFYING SCHOOL DISTRICT".

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

9. Amend page 3, line 4, after the first "THE" by striking out "MAYOR" and inserting "CHIEF LOCAL ELECTED OFFICIAL OF A QUALIFYING SCHOOL DISTRICT".

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

11. Amend page 4, line 16, after the first "THE" by striking out "MAYOR" and inserting "CHIEF LOCAL ELECTED OFFICIAL OF A QUALIFYING SCHOOL DISTRICT".

12. Amend page 4, line 17, by striking out "MAYOR" and inserting "CHIEF LOCAL ELECTED OFFICIAL OF A QUALIFYING SCHOOL DISTRICT".

13. Amend page 6, line 19, after "THE" by striking out "MAYOR" and inserting "CHIEF LOCAL ELECTED OFFICIAL OF A QUALIFYING SCHOOL DISTRICT".

14. Amend page 7, line 19, after "THE" by striking out "MAYOR" and inserting "CHIEF LOCAL ELECTED OFFICIAL OF A QUALIFYING SCHOOL DISTRICT".

15. Amend page 8, line 17, after "THE" by striking out "MAYOR" and inserting "CHIEF LOCAL ELECTED OFFICIAL OF A QUALIFYING SCHOOL DISTRICT".

16. Amend page 8, line 19, after "STATE," by striking out "THE CITY" and inserting "A LOCAL UNIT OF GOVERNMENT".

17. Amend page 10, line 11, by striking out all of line 11 through "LOCATED)" on line 12 and inserting "THE _____ (TITLE OF CHIEF LOCAL ELECTED OFFICIAL OF THE QUALIFYING SCHOOL DISTRICT)".

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

19. Amend page 11, line 3, after the second "THE" by striking out "MAYOR" and inserting "CHIEF LOCAL ELECTED OFFICIAL OF THE QUALIFYING SCHOOL DISTRICT".

20. Amend page 16, following line 9, by inserting:

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

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

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

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

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

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

Rep. Lemmons demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 212 Yeas--17

Brewer Hale LaForge Scott

Clark Hardman Lemmons Stallworth

Clarke Kelly Reeves Thomas

Daniels Kilpatrick Rison Vaughn

Garza

Nays--87

Allen Faunce Kukuk Rocca

Basham Garcia LaSata Sanborn

Birkholz Geiger Law Schauer

Bisbee Gieleghem Lockwood Schermesser

Bishop Gilbert Mead Scranton

Bogardus Godchaux Middaugh Shackleton

Bovin Gosselin Minore Sheltrown

Bradstreet Green Mortimer Shulman

Brater Hager Neumann Spade

Brown, B. Hansen O'Neil Stamas

Brown, C. Hart Pappageorge Switalski

Byl Howell Patterson Tabor

Callahan Jacobs Perricone Tesanovich

Cassis Jamnick Pestka Toy

Caul Jansen Price Van Woerkom

Cherry Jelinek Prusi Vander Roest

DeHart Jellema Pumford Vear

Dennis Johnson, Ruth Quarles Voorhees

DeRossett Julian Raczkowski Wojno

DeVuyst Koetje Richardville Woodward

DeWeese Kowall Richner Woronchak

Ehardt Kuipers Rivet

In The Chair: Perricone

Rep. Lemmons moved to amend the Senate substitute (S-3), as substituted (H-18), as follows:

1. Amend page 2, line 2, after "6" by inserting "THAT HAS ELECTED TO BECOME A QUALIFYING SCHOOL DISTRICT PURSUANT TO SECTION 377".

2. Amend page 3, line 24, after "BEGINNING" by striking out the balance of the line through "PART" on line 25 and inserting "10 DAYS AFTER THE QUESTION SUBMITTED UNDER SECTION 377 IS APPROVED BY THE SCHOOL ELECTORS AND THOSE ELECTION RESULTS ARE CERTIFIED".

3. Amend page 4, line 11, after "BEGINNING" by striking out the balance of the line through "PART" on line 12 and inserting "10 DAYS AFTER THE QUESTION SUBMITTED UNDER SECTION 377 IS APPROVED BY THE SCHOOL ELECTORS AND THOSE ELECTION RESULTS ARE CERTIFIED".

4. Amend page 6, line 14, after "BEGINNING" by striking out the balance of the line through "PART" on line 15 and inserting "10 DAYS AFTER THE QUESTION SUBMITTED UNDER SECTION 377 IS APPROVED BY THE SCHOOL ELECTORS AND THOSE ELECTION RESULTS ARE CERTIFIED".

5. Amend page 14, following line 6, by inserting:

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

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

YES ( )

NO ( )".

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

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

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

Rep. Lemmons demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 213 Yeas--50

Baird Dennis Lockwood Schauer

Basham Garza Martinez Schermesser

Bogardus Gieleghem Minore Scott

Bovin Hale Neumann Sheltrown

Brater Hanley O'Neil Spade

Brewer Hansen Pestka Stallworth

Brown, B. Hardman Price Switalski

Callahan Jacobs Prusi Tesanovich

Cherry Jamnick Quarles Thomas

Clark Kelly Reeves Vaughn

Clarke Kilpatrick Rison Wojno

Daniels LaForge Rivet Woodward

DeHart Lemmons

Nays--57

Geiger

In The Chair: Perricone

Rep. Lemmons moved to amend the Senate substitute (S-3), as substituted (H-18), as follows:

1. Amend page 1, line 7, by striking out all of subdivision (B) and relettering the remaining subdivision.

2. Amend page 2, line 4, after the second "THE" by striking out "MAYOR" and inserting "STATE BOARD".

3. Amend page 2, line 8, after "THE" by striking out "MAYOR" and inserting "STATE BOARD".

4. Amend page 2, line 11, after "THE" by striking out "MAYOR" and inserting "STATE BOARD".

5. Amend page 2, line 21, after the second "THE" by striking out "MAYOR" and inserting "STATE BOARD".

6. Amend page 2, line 27, after the first "THE" by striking out "MAYOR" and inserting "STATE BOARD".

7. Amend page 3, line 1, by striking out "MAYOR" and inserting "STATE BOARD".

8. Amend page 3, line 2, after the second "THE" by striking out "MAYOR" and inserting "STATE BOARD".

9. Amend page 3, line 4, after the first "THE" by striking out "MAYOR" and inserting "STATE BOARD".

10. Amend page 3, line 7, after the second "THE" by striking out "MAYOR" and inserting "STATE BOARD".

11. Amend page 4, line 16, after the first "THE" by striking out "MAYOR" and inserting "STATE BOARD".

12. Amend page 4, line 17, by striking out "MAYOR" and inserting "STATE BOARD".

13. Amend page 6, line 19, after "THE" by striking out "MAYOR" and inserting "STATE BOARD".

14. Amend page 7, line 19, after "THE" by striking out "MAYOR" and inserting "STATE BOARD".

15. Amend page 8, line 17, after "THE" by striking out "MAYOR,".

16. Amend page 10, line 11, after the first "THE" by striking out the balance of the line through "LOCATED)" on line 12 and inserting "STATE BOARD OF EDUCATION".

17. Amend page 10, line 15, after the second "THE" by striking out "MAYOR" and inserting "STATE BOARD".

18. Amend page 11, line 3, after the second "THE" by striking out "MAYOR" and inserting "STATE BOARD".

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

Rep. Lemmons moved to amend the Senate substitute (S-3), as substituted (H-18), as follows:

1. Amend page 1, line 7, by striking out all of subdivision (B) and relettering the remaining subdivision.

2. Amend page 2, line 4, after the second "THE" by striking out "MAYOR" and inserting "GOVERNOR".

3. Amend page 2, line 8, after "THE" by striking out "MAYOR" and inserting "GOVERNOR".

4. Amend page 2, line 11, after "THE" by striking out "MAYOR" and inserting "GOVERNOR".

5. Amend page 2, line 21, after the second "THE" by striking out "MAYOR" and inserting "GOVERNOR".

6. Amend page 2, line 27, after the first "THE" by striking out "MAYOR" and inserting "GOVERNOR".

7. Amend page 3, line 1, by striking out "MAYOR" and inserting "GOVERNOR".

8. Amend page 3, line 2, after the second "THE" by striking out "MAYOR" and inserting "GOVERNOR".

9. Amend page 3, line 4, after the first "THE" by striking out "MAYOR" and inserting "GOVERNOR".

10. Amend page 3, line 7, after the second "THE" by striking out "MAYOR" and inserting "GOVERNOR".

11. Amend page 4, line 16, after the first "THE" by striking out "MAYOR" and inserting "GOVERNOR".

12. Amend page 4, line 17, by striking out "MAYOR" and inserting "GOVERNOR".

13. Amend page 6, line 19, after "THE" by striking out "MAYOR" and inserting "GOVERNOR".

14. Amend page 7, line 19, after "THE" by striking out "MAYOR,".

15. Amend page 8, line 17, after "THE" by striking out "MAYOR" and inserting "GOVERNOR".

16. Amend page 10, line 11, after the first "THE" by striking out the balance of the line through "LOCATED)" on line 12 and inserting "GOVERNOR".

17. Amend page 10, line 15, after the second "THE" by striking out "MAYOR" and inserting "GOVERNOR".

18. Amend page 11, line 3, after the second "THE" by striking out "MAYOR" and inserting "GOVERNOR".

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

Rep. Lemmons demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 214 Yeas--5

Kilpatrick Perricone Vander Roest Vaughn

Patterson

Nays--103

Allen Faunce Koetje Rison

Baird Frank Kowall Rivet

Basham Garcia Kuipers Rocca

Birkholz Garza Kukuk Sanborn

Bisbee Geiger LaForge Schauer

Bishop Gieleghem LaSata Schermesser

Bogardus Gilbert Law Scott

Bovin Godchaux Lemmons Scranton

Bradstreet Gosselin Lockwood Shackleton

Brater Green Martinez Sheltrown

Brewer Hager Mead Shulman

Brown, B. Hale Middaugh Spade

Brown, C. Hanley Minore Stallworth

Byl Hansen Mortimer Stamas

Callahan Hardman Neumann Switalski

Cassis Hart O'Neil Tabor

Caul Howell Pappageorge Tesanovich

Cherry Jacobs Pestka Thomas

Clark Jamnick Price Toy

Daniels Jansen Prusi Van Woerkom

DeHart Jelinek Pumford Vear

Dennis Jellema Quarles Voorhees

DeRossett Johnson, Rick Raczkowski Wojno

DeVuyst Johnson, Ruth Reeves Woodward

DeWeese Julian Richardville Woronchak

Ehardt Kelly Richner

In The Chair: Perricone

Rep. Hale moved to amend the Senate substitute (S-3), as substituted (H-18), as follows:

1. Amend page 16, following line 9, by inserting:

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

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

Rep. Hale demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 215 Yeas--48

Baird Dennis Lemmons Rivet

Basham Frank Lockwood Schauer

Bogardus Garza Minore Schermesser

Bovin Gieleghem Neumann Scott

Brater Hale O'Neil Spade

Brewer Hanley Pestka Stallworth

Callahan Hansen Price Switalski

Cherry Hardman Prusi Tesanovich

Clark Jacobs Pumford Thomas

Clarke Jamnick Quarles Vaughn

Daniels Kelly Reeves Wojno

DeHart LaForge Rison Woodward

Nays--60

Allen Garcia Kilpatrick Richner

Birkholz Geiger Koetje Rocca

Bisbee Gilbert Kowall Sanborn

Bishop Godchaux Kuipers Scranton

Bradstreet Gosselin Kukuk Shackleton

Brown, B. Green LaSata Sheltrown

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 Raczkowski Voorhees

Faunce Julian Richardville Woronchak

In The Chair: Perricone

Rep. Hale moved to amend the Senate substitute (S-3), as substituted (H-18), as follows:

1. Amend page 8, following line 24, by inserting:

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

2. Amend page 13, following line 21, by inserting:

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

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

Rep. Hale demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 216 Yeas--26

Baird Garza LaForge Rivet

Brater Hale Lemmons Scott

Brewer Hardman Minore Stallworth

Brown, B. Jacobs Quarles Switalski

Clark Jamnick Reeves Thomas

Clarke Kelly Rison Vaughn

Daniels Kilpatrick

Nays--77

Allen Garcia Kuipers Rocca

Basham Geiger Kukuk Sanborn

Birkholz Gieleghem LaSata Schauer

Bisbee Gilbert Law Schermesser

Bishop Godchaux Lockwood Scranton

Bogardus Gosselin Mead Shackleton

Bovin Green Middaugh Sheltrown

Bradstreet Hager Mortimer Shulman

Brown, C. Hansen Neumann Spade

Byl Hart O'Neil Stamas

Callahan Howell Pappageorge Tabor

Cassis Jansen Patterson Toy

Caul Jelinek Perricone Van Woerkom

DeHart Jellema Pestka Vander Roest

Dennis Johnson, Rick Prusi Vear

DeRossett Johnson, Ruth Pumford Voorhees

DeVuyst Julian Raczkowski Wojno

DeWeese Koetje Richardville Woodward

Ehardt Kowall Richner Woronchak

Faunce

In The Chair: Perricone

Rep. Hale moved to amend the Senate substitute (S-3), as substituted (H-18), as follows:

1. Amend page 14, following line 6, by inserting:

"SEC. 377. THE LEGISLATURE SHALL APPROPRIATE SUFFICIENT FUNDS EACH FISCAL YEAR TO A QUALIFYING SCHOOL DISTRICT FOR ADULT EDUCATION PROGRAMS TO ENSURE THAT ADULT EDUCATION FUNDING FOR THE QUALIFYING SCHOOL DISTRICT IS AT LEAST AT THE SAME LEVEL AS IN THE 1995-96 STATE FISCAL YEAR.".

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

Rep. Hale demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 217 Yeas--37

Baird Gieleghem LaForge Rison

Bogardus Hale Lemmons Schauer

Brater Hanley Lockwood Scott

Brewer Hansen Martinez Stallworth

Cherry Hardman Minore Tesanovich

Clark Jacobs Price Thomas

Clarke Jamnick Prusi Vaughn

Daniels Kelly Quarles Wojno

Dennis Kilpatrick Reeves Woodward

Garza

Nays--71

Allen Faunce Kuipers Rocca

Basham Garcia Kukuk Sanborn

Birkholz Geiger LaSata Schermesser

Bisbee Gilbert Law Scranton

Bishop Godchaux Mead Shackleton

Bovin Gosselin Middaugh Sheltrown

Bradstreet Green Mortimer Shulman

Brown, B. Hager Neumann Spade

Brown, C. Hart O'Neil Stamas

Byl Howell Pappageorge Switalski

Callahan Jansen Patterson Tabor

Cassis Jelinek Perricone Toy

Caul Jellema Pestka Van Woerkom

DeHart Johnson, Rick Pumford Vander Roest

DeRossett Johnson, Ruth Raczkowski Vear

DeVuyst Julian Richardville Voorhees

DeWeese Koetje Richner Woronchak

Ehardt Kowall Rivet

In The Chair: Perricone

Rep. Hale moved to amend the Senate substitute (S-3), as substituted (H-18), as follows:

1. Amend page 8, following line 24, by inserting:

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

2. Amend page 13, line 21, after "REFORM" by inserting "AND TO IMPROVE THE SCHOOLS AND FACILITIES OF THE QUALIFYING SCHOOL DISTRICT".

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

Rep. Hale demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 218 Yeas--39

Baird Dennis LaForge Rivet

Basham Garza Lemmons Schauer

Bogardus Hale Lockwood Scott

Brater Hanley Martinez Stallworth

Brewer Hansen Minore Switalski

Brown, B. Hardman Neumann Tesanovich

Cherry Jacobs O'Neil Thomas

Clark Jamnick Prusi Vaughn

Clarke Kelly Reeves Woodward

Daniels Kilpatrick Rison

Nays--65

Allen Geiger Kowall Rocca

Birkholz Gieleghem Kuipers Sanborn

Bisbee Gilbert Kukuk Scranton

Bishop Godchaux LaSata Shackleton

Bovin Gosselin Law Sheltrown

Bradstreet Green Mead Shulman

Brown, C. Hager Middaugh Spade

Byl Hart Mortimer Stamas

Callahan Howell Pappageorge Tabor

Cassis Jansen Patterson Toy

Caul Jelinek Perricone Van Woerkom

DeRossett Jellema Pestka Vander Roest

DeVuyst Johnson, Rick Pumford Vear

DeWeese Johnson, Ruth Raczkowski Voorhees

Ehardt Julian Richardville Wojno

Faunce Koetje Richner Woronchak

Garcia

In The Chair: Perricone

Rep. Hale moved to amend the Senate substitute (S-3), as substituted (H-18), as follows:

1. Amend page 8, following line 16, by inserting:

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

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

Rep. Hale demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 219 Yeas--54

Baird Dennis Martinez Schermesser

Basham Frank Neumann Scott

Bisbee Gieleghem O'Neil Sheltrown

Bogardus Hale Pestka Spade

Bovin Hanley Price Stallworth

Brater Hansen Prusi Switalski

Brewer Hardman Pumford Tesanovich

Brown, B. Jacobs Quarles Thomas

Callahan Jamnick Reeves Vaughn

Cassis Kelly Rison Voorhees

Clark Kilpatrick Rivet Wojno

Clarke LaForge Rocca Woodward

Daniels Lemmons Schauer Woronchak

DeHart Lockwood

Nays--52

Allen Geiger Julian Raczkowski

Birkholz Gilbert Koetje Richardville

Bishop Godchaux Kowall Richner

Bradstreet Gosselin Kuipers Sanborn

Brown, C. Green Kukuk Scranton

Byl Hager LaSata Shackleton

Caul Hart Law Shulman

DeRossett Howell Mead Stamas

DeVuyst Jansen Middaugh Tabor

DeWeese Jelinek Mortimer Toy

Ehardt Jellema Pappageorge Van Woerkom

Faunce Johnson, Rick Patterson Vander Roest

Garcia Johnson, Ruth Perricone Vear

In The Chair: Perricone

Rep. Hale moved to amend the Senate substitute (S-3), as substituted (H-18), as follows:

1. Amend page 8, following line 24, by inserting:

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

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

Rep. Hale demanded the yeas and nays.

The demand was supported.

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

After debate,

Rep. Allen demanded the previous question.

The demand was supported.

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

The previous question was ordered.

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

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

Roll Call No. 220 Yeas--55

Baird DeVuyst Lockwood Schauer

Basham Frank Martinez Schermesser

Bogardus Garza Minore Scott

Bovin Gieleghem Neumann Sheltrown

Brater Hale O'Neil Spade

Brewer Hanley Pestka Stallworth

Brown, B. Hansen Price Switalski

Callahan Hardman Prusi Tesanovich

Cherry Jacobs Pumford Thomas

Clark Jamnick Quarles Vaughn

Clarke Kelly Reeves Wojno

Daniels Kilpatrick Rison Woodward

DeHart LaForge Rivet Woronchak

Dennis Lemmons Rocca

Nays--54

Allen Geiger Koetje Richardville

Birkholz Gilbert Kowall Richner

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

DeWeese Jellema Patterson Vander Roest

Ehardt Johnson, Rick Perricone Vear

Faunce Johnson, Ruth Raczkowski Voorhees

Garcia Julian

In The Chair: Perricone

Rep. Hale moved to amend the Senate substitute (S-3), as substituted (H-18), as follows:

1. Amend page 14, following line 6, by inserting:

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

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

Rep. Hale demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 221 Yeas--26

Baird Garza Kilpatrick Reeves

Brater Hale LaForge Rison

Brewer Hanley Lemmons Stallworth

Clark Hardman Martinez Switalski

Clarke Jacobs Minore Thomas

Daniels Jamnick Price Vaughn

Dennis Kelly

Nays--76

Allen Garcia Kuipers Rocca

Basham Geiger Kukuk Sanborn

Birkholz Gieleghem LaSata Schauer

Bisbee Gilbert Law Schermesser

Bishop Godchaux Lockwood Scranton

Bovin Gosselin Mead Shackleton

Bradstreet Green Middaugh Sheltrown

Brown, B. Hager Mortimer Shulman

Brown, C. Hansen Neumann Spade

Byl Hart O'Neil Stamas

Cassis Howell Pappageorge Tabor

Caul Jansen Patterson Toy

DeHart Jelinek Perricone Van Woerkom

DeRossett Jellema Pestka Vander Roest

DeVuyst Johnson, Rick Pumford Vear

DeWeese Johnson, Ruth Raczkowski Voorhees

Ehardt Julian Richardville Wojno

Faunce Koetje Richner Woodward

Frank Kowall Rivet Woronchak

In The Chair: Perricone

Rep. Hale moved to amend the Senate substitute (S-3), as substituted (H-18), as follows:

1. Amend page 2, line 21, after "MAYOR." by striking out the balance of the subsection.

2. Amend page 3, line 23, by striking out all of subsection (9) and inserting:

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

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

Rep. Hale demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 222 Yeas--15

Brewer Kelly Reeves Switalski

Daniels Kilpatrick Rison Thomas

Hale LaForge Scott Vaughn

Hardman Lemmons Stallworth

Nays--87

Allen Ehardt Koetje Rivet

Basham Faunce Kowall Rocca

Birkholz Frank Kuipers Sanborn

Bisbee Garcia Kukuk Schauer

Bishop Garza LaSata Schermesser

Bogardus Geiger Law Scranton

Bovin Gieleghem Lockwood Shackleton

Bradstreet Gilbert Mead Sheltrown

Brater Godchaux Middaugh Shulman

Brown, B. Gosselin Minore Spade

Brown, C. Hager Mortimer Stamas

Byl Hansen O'Neil Tabor

Callahan Hart Pappageorge Tesanovich

Cassis Howell Patterson Toy

Caul Jacobs Perricone Van Woerkom

Cherry Jamnick Pestka Vander Roest

Clark Jansen Price Vear

Clarke Jelinek Pumford Voorhees

DeHart Jellema Quarles Wojno

DeRossett Johnson, Rick Raczkowski Woodward

DeVuyst Johnson, Ruth Richardville Woronchak

DeWeese Julian Richner

In The Chair: Perricone

Rep. Richner moved to amend the Senate substitute (S-3), as substituted (H-18), as follows:

1. Amend page 6, line 9, after "FOR" by striking out "AN INDIVIDUAL EMPLOYMENT CONTRACT OR".

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

Rep. Thomas moved to amend the Senate substitute (S-3), as substituted (H-18), as follows:

1. Amend page 2, line 18, after "374." by inserting "HOWEVER, AT LEAST A MAJORITY OF THE APPOINTED MEMBERS OF A SCHOOL REFORM BOARD MUST BE SCHOOL ELECTORS OF THE QUALIFYING SCHOOL DISTRICT.".

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

Reps. Stallworth, Hardman, Reeves, Daniels, Hale and Vaughn moved to amend the Senate substitute (S-3), as substituted (H-18), as follows:

1. Amend page 8, following line 16, by inserting:

"(9) A SCHOOL REFORM BOARD MAY ORGANIZE AND ESTABLISH COMMUNITY ASSISTANCE TEAMS TO WORK WITH THE SCHOOL REFORM BOARD TO IMPLEMENT A COHESIVE, FULL SERVICE COMMUNITY SCHOOL PROGRAM ADDRESSING THE NEEDS AND CONCERNS OF THE QUALIFYING SCHOOL DISTRICT'S POPULATION. THE SCHOOL REFORM BOARD MAY DELEGATE TO A COMMUNITY ASSISTANCE TEAM THE AUTHORITY TO DEVISE AND IMPLEMENT FAMILY, COMMUNITY, CULTURAL, AND RECREATIONAL ACTIVITIES TO ASSURE THAT THE ACADEMIC MISSION OF THE SCHOOLS IS SUCCESSFUL. THE COMMUNITY ASSISTANCE TEAMS MAY ALSO DEVELOP PARENTAL INVOLVEMENT ACTIVITIES THAT FOCUS ON THE ENCOURAGEMENT OF VOLUNTARY PARENTING EDUCATION, ENHANCING PARENT AND FAMILY INVOLVEMENT IN EDUCATION, AND PROMOTING ADULT AND FAMILY LITERACY." and renumbering the remaining subsection.

The question being on the adoption of the amendment offered by Reps. Stallworth, Hardman, Reeves, Daniels, Hale and Vaughn,

Rep. Stallworth demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendment offered by Reps. Stallworth, Hardman, Reeves, Daniels, Hale and Vaughn,

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

Roll Call No. 223 Yeas--109

Allen Frank Kowall Rison

Baird Garcia Kuipers Rivet

Basham Garza Kukuk Rocca

Birkholz Geiger LaForge Sanborn

Bisbee Gieleghem LaSata Schauer

Bishop Gilbert Law Schermesser

Bogardus Godchaux Lemmons Scott

Bovin Gosselin Lockwood 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

Nays--0

In The Chair: Perricone

The question being on concurring in the Senate substitute (S-3), as substituted (H-18),

The Senate substitute (S-3), as substituted (H-18), was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 224 Yeas--66

Allen Frank Kowall Richner

Birkholz Garcia Kuipers Rocca

Bisbee Geiger Kukuk Sanborn

Bishop Gilbert LaSata Schauer

Bogardus Godchaux Law Scranton

Bradstreet Gosselin Lockwood Shackleton

Brown, B. Green Mead Sheltrown

Brown, C. Hager Middaugh Shulman

Byl Hart Mortimer Stamas

Cassis Howell Pappageorge Tabor

Caul Jansen Patterson Toy

Cherry Jelinek Perricone Van Woerkom

DeRossett Jellema Pestka Vander Roest

DeVuyst Johnson, Rick Pumford Vear

DeWeese Johnson, Ruth Raczkowski Voorhees

Ehardt Julian Richardville Woronchak

Faunce Koetje

Nays--43

Baird Garza Lemmons Schermesser

Basham Gieleghem Martinez Scott

Bovin Hale Minore Spade

Brater Hanley Neumann Stallworth

Brewer Hansen O'Neil Switalski

Callahan Hardman Price Tesanovich

Clark Jacobs Prusi Thomas

Clarke Jamnick Quarles Vaughn

Daniels Kelly Reeves Wojno

DeHart Kilpatrick Rison Woodward

Dennis LaForge Rivet

In The Chair: Perricone

______

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

"Mr. Speaker and members of the House:

I will explain my "no vote" regarding Senate Bill 297. I cannot in true conscience go along with the content of this bill.

I feel that when the people speak, we should listen. Many people have lost their life for the right to vote and for this body to think that voters do not understand what this bill states is wrong in their thinking. One person who has no ties with our community should not be able to be in charge. There are too many other options.

We need to demand the best out of the school board we voted for. They have the ability to do the job, but we the taxpayers, parents, and concerned citizens need to speak clearer on what is expected. If Detroiters want to dissipate the board, we can do it ourselves, we need no one to take control over our schools, that is truly an insult. This bill is not the answer, it is a problem, an invasion of our citizens' rights, and I just cannot be a part of this ploy.

I continue to ask the question: Why is there no accountability? It's not about educating my children."

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

"Mr. Speaker and members of the House:

I cannot vote in favor of a bill that takes away the rights of voters, nor a bill that has no real reform in it. It's a sad day when a bill that affects so many never had 1 public hearing in the district that is affected."

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

"Mr. Speaker and members of the House:

It is with a heavy heart that I vote no on the substitute to SB 297. To be clear, I believe Mayor Archer will succeed and that change was necessary. However, I strongly believe we have not given him all the tools he needs and deserves to succeed. We owed him better; we owed the children of Detroit better."

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

"Mr. Speaker and members of the House:

I voted against this legislation (SB 297) because it violated voting rights of the people in my district."

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

"Mr. Speaker and members of the House:

Since the Representatives who would dare vote to destroy local control in my city, destroy my right to vote and destroy the progress we have made in the education of our children--since these anti-democratic elements have no shame then I must be ashamed for them.

In Proverbs 29:18 the Bible says 'Where there is no vision the people perish.'

Since there is no vision in this anti-people legislation you are setting up a scenario wherein my people and my city could very well perish.

How dare you vote to take away my right to vote--How dare you vote against local control in this state--How dare you support racism and greed by sellouts who would sell me down the river for a pork chop!

You know as well as I that this bill is not about school reform. It is about what it is--a takeover to steal my school district's money and seize the 1.5 billion dollar bond issue voted for by the citizens of Detroit--now you tell them it's okay that they voted the money to rebuild their schools but they don't have the sense to know how to spend it! That's what you're saying!

I'm being sold down the river by racism, greed merchants and sellouts!

'Is life so dear or peace so sweet as to be purchased by the chains of disenfranchisement, racism, and local control--I know not what course others may face but as for me give me Liberty or give me death!'

I'm being sold down the river by Republicans and Democrats!

Now I know how the great African-American leader and patriot Malcolm X Shabazz felt when asked by the press as to whether he was a Democrat or a Republican. Malcolm X said the following:

'I am neither Democrat or Republican--I am the victim of the Democrats and I am the victim of the Republicans.'

So we've been sold out by both parties--by some whites who are practitioners of racism and some blacks who don't know the difference.

There will be NO school reform in Detroit; there will be a raiding of our resources by 'politricksters'; and money merchants. There will also be unrest. All of this fallout can be placed at the front door of the Governor and the Mayor of Detroit--the gang of 2, working hand in hand, in the same bed to disenfranchise the people of Detroit and raid our treasury.

Does all of this spell trouble for the rest of this state? You bet it does! The great African-American educator Dr. Booker T. Washington once said, 'You can't keep a man in the gutter without getting down there with him to hold him.'

You can't disenfranchise voters in Detroit and abdicate local control without that precedent affecting your own school district. What goes around comes around!

I voted no on this takeover legislation--it's unfair and un-American. Thank you!"

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

"Mr. Speaker and members of the House:

Bill 297 does not have the reform needed to bring change in the Detroit school district."

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

"Mr. Speaker and members of the House:

Thank you for your patience with all the discussion. It is not my intent to belabor this issue.

I have been asked by school boards in my district to vote against this legislation and I will.

While I am very disappointed it was felt necessary to clear the gallery, I ask we remember passing this legislation will render useless people who were elected to serve their community. What we have just experienced is simply frustration with our legislative process--something we have all felt at one time or another, but probably weren't as vocal as these people tonight.

I expect this bill will pass. I understand the Governor wants this passed. I understand the majority rules. 'If you have all the marbles,' as the saying goes, 'You make all the rules.'

Again tonight, nobody has said there are no problems in the Detroit district. I said last week and I say again tonight, there is no plan that has been explained to me for reform in the Detroit district.

It is time to move on and I'm sure we will, but are we really moving forward?"

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

"Mr. Speaker and members of the House:

I rise to oppose Senate Bill 297. Contrary to all of the public pronouncements of the benefits of a 'Detroit Public School District takeover', the legislation passed in this 90th legislative session fails to offer any direction for the improvement or delivery of the public education product in Detroit. Instead, the legislation's sole focus is the negation of the November 1998 public election for Detroit School Board members and the appointment of a new governance team by the Mayor of the City of Detroit.

Opponents of the legislation have been unfairly characterized as supporters of a failing system; when in reality they are stewards of 'checks and balances' and sound public policy. First, Michigan's Black Caucus is gravely concerned about the extension of Gubernatorial powers over local elections. The Governor continues to increase his management of state government by Executive Order thus, avoiding legislative oversight. This is exemplified by his first Executive Order of 1999 which removes 13 million dollars from the Michigan Trunkline Fund of the Michigan Department of Transportation and places it under the jurisdiction of the Michigan Renaissance Fund over which the Legislature has no authority. Concurrence of legislative members, both Republican and Democratic, in fighting further expansion of executive powers is evidenced by the growing bi-partisan support for Senate Bill 259 which restores legislative powers through amendments to Public Act 431 of 1984; the Management and Budget Act.

Beyond the expansion of executive powers, the major problem with the proposed legislation is that it is not an education bill. There is not one provision in the bill which addresses academic performance or improvement. Although touted as a bill written to address the problems of a failing school district. The bill fails to establish standards for failure, or even success. Good public policy demands tools for measurement and development of definitions for success and failure. Whether based on financial, academic, enrollment, test-taking, graduation or drop-out considerations; before any school district is deemed failing, the benchmarks of measurement must be established. In addition, any district which may find itself failing in one or more of these or other areas must be given guidance in remedial action and a timeline for implementation and improvement before outside intervention or "take-over". Lastly, any serious legislation which contemplates dealing with the very complex problems associated with an urban school district the size of Detroit must address fundamental issues such as class size, teacher recruitment, preparation and training; community policing, remedial programming, and community partnerships and social economic barriers to learning.

Specifically, I cannot support a bill written under the guise of reform that has no appropriation attached. Twice I have asked this Chamber to approve $15,000,000 for class size reduction. Twice I have asked this Chamber to approve $35,000,000 for the district to address social economic barriers to learning. Twice I have asked members of this Chamber to ensure 80% of appropriated K-12 revenue be spent on direct educational services at the classroom level. All of these requests have been denied. Therefore, I cannot believe there is a sincere interest in helping our children even though the bill sponsors have continually purported otherwise.

The entire process surrounding the development of this legislation has been one of disenfranchisement.

For the families and students of Detroit, I pray those who have been empowered honor the commitment to educate, and do not seize this opportunity to merely become physical custodians of the school district. There will be a lot of healing to do in communities throughout the City of Detroit. Our citizens have been deceived and disenfranchised. But its elected leadership has stood strong and will continue to stand against this and other unjust public policy initiatives. God willing, our children will persevere."

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

"Mr. Speaker and members of the House:

Lacks any educational initiative to improve the Detroit Schools. Lacks 'accountability' because the Mayor, the State and others from any liability for any obligation or claim resulting from an action taken under the law. Fails to set any reform goals or standards for the takeover school board. Fails to discuss critical issues ie class size additional teachers etc. Eliminate local control and taxpayer participation."

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

The question being on the motion by Rep. Raczkowski,

Rep. Raczkowski demanded the yeas and nays.

The demand was supported.

The question being on the motion by Rep. Raczkowski,

The motion prevailed, 2/3 of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 225 Yeas--86

Allen Garza Kuipers Rivet

Basham Geiger Kukuk Rocca

Birkholz Gieleghem LaSata Sanborn

Bisbee Gilbert Law Schauer

Bishop Godchaux Lockwood Schermesser

Bogardus Gosselin Mead Scranton

Bradstreet Green Middaugh Shackleton

Brewer Hager Mortimer Sheltrown

Brown, B. Hanley Neumann Shulman

Brown, C. Hansen O'Neil Spade

Byl Hart Pappageorge Stamas

Callahan Howell Patterson Tabor

Cassis Jacobs Perricone Thomas

Caul Jamnick Pestka Toy

Cherry Jansen Price Van Woerkom

DeRossett Jelinek Pumford Vander Roest

DeVuyst Jellema Quarles Vear

DeWeese Johnson, Rick Raczkowski Voorhees

Ehardt Johnson, Ruth Richardville Wojno

Faunce Julian Richner Woodward

Frank Koetje Rison Woronchak

Garcia Kowall

Nays--19

Bovin Hale Lemmons Stallworth

Clark Hardman Minore Switalski

Clarke Kelly Prusi Tesanovich

Daniels Kilpatrick Reeves Vaughn

DeHart LaForge Scott

In The Chair: Perricone

______

Rep. Raczkowski moved that when the House adjourns today it stand adjourned until Tuesday, April 13, at 2:00 p.m.

The motion prevailed.

By unanimous consent the House returned to the order of

Motions and Resolutions

Reps. Wojno and Faunce offered the following resolution:

House Resolution No. 52.

A resolution offered as a memorial for Barry Goff.

Whereas, It is with a great deal of respect for his accomplishments that we join the family of Barry Goff in remembering his significant contributions to the people of the state of Michigan. Barry Goff was a man devoted to his family and committed to his community and his cherished memory will not fade from the hearts and minds of those who knew and loved him; and

Whereas, Born on January 9, 1937, Barry Goff excelled in many endeavors throughout his successful career, including business owner and community activist. As a businessman, Barry used his talent for hand-painted lettering to open Signs and Designs in Detroit in the late 1960s. He ran the business out of a studio apartment and spent most of his working hours at the businesses of his clients, painting walls, vehicles, and signs. In 1985, Goff and his wife Linda opened Sign Craft on Nine Mile Road in Warren. His client list included many candidates for local political office; and

Whereas, Barry Goff was a longtime community activist and the chief opponent of expansion of Detroit City Airport. The proposed expansion of City Airport would lead to increased safety hazards and pollution. Mr. Goff led a group of area residents concerned over the increased noise in the area, little need for the increased capacity, and taxpayer costs of the new facility. Barry Goff studied applications to the federal government, tracked environmental impact reports, and urged local politicians to defeat proposed expansions. He worked tirelessly in an effort to protect communities over which larger passenger jets would fly. Mr. Goff and airport opponents scored a major victory in 1993 when Southwest Airlines pulled passenger service out of City Airport; and

Whereas, Serving others was a well-established trait of Barry Goff. He served his nation as a member of the Air Force during the Korean War. A 28-year southwest Warren resident, Mr. Goff was elected president of the Fitzgerald Homeowners Association in 1989. He was a Master Mason, past president of the South Warren Kiwanis Club, vice-chair of the Warren Senior Advisory Council, and a representative of the Center Line Detroit City Airport Expansion Study Committee. Goff was also an active member of the Warren Lions Club. A loving family man, he and his wife Linda enjoyed a 25-year marriage. In addition to his wife, Barry is survived by 11 children, 24 grandchildren, and three great-grandchildren; now, therefore, be it

Resolved by the House of Representatives, That this document is signed and dedicated to offer these words of praise as a memorial for Barry Goff. A community leader, he was much admired and will long be remembered; and be it further

Resolved, That a copy of this resolution be transmitted to the Goff family as evidence of our highest esteem.

The resolution was adopted.

Reps. Wojno and Sanborn offered the following resolution:

House Resolution No. 53.

A resolution to memorialize the President and the Congress of the United States to save the Social Security System.

Whereas, The Social Security System is the most successful domestic program in the country's history. Without the Social Security System, nearly 50 percent of our senior citizens would be living in poverty; and

Whereas, The Social Security System also pays benefits to young survivors and spouses of workers who have died, as well as to disabled workers and their families. In fact, disability and survivors' benefits make up nearly 30 percent of all Social Security benefits paid. These benefits provide important protection for younger workers before retirement, protection that is often difficult or expensive to obtain through private insurance; and

Whereas, In 1950 there were 16 taxpaying workers for every retired person in the United States. Today there are just over three workers per retiree, and the ratio is expected to fall below two workers per retiree during the next century; and

Whereas, The Social Security System is projected to run out of money to pay the claims of retirees--whose numbers are not only expected to increase as baby boomers retire but also because of increasing life expectancy--by 2032; now, therefore, be it

Resolved by the House of Representatives, That we memorialize the President and the Congress of the United States to save the Social Security System; and be it further

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

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

Reps. Faunce, Van Woerkom, Bradstreet, Richardville, DeRossett, Hager, Koetje, Rocca, Voorhees, Woronchak, Gosselin, LaSata, Kukuk, Hart, Kowall, Gilbert, Howell, Toy, Tabor, Jelinek, Julian, Shackleton, Allen, Patterson, Bisbee, Mortimer, Kuipers, Garcia, Shulman, Cassis and Scranton offered the following resolution:

House Resolution No. 54.

A resolution recognizing October 23-31, 1999 as "Red Ribbon Week" for celebrating Michigan's goal for Drug Free Youth in our state.

Whereas, The Red Ribbon Celebration is sponsored by the Board of Directors of Michigan Communities for Drug Free Youth in the State of Michigan. It is an annual event that promotes drug prevention through education with a red ribbon as a symbol of hope and a visible commitment to work for a better and safer future for our children, families, and communities; and

Whereas, This year's theme is "Color My World Drug Free." It is the hope of the House of Representatives that the State of Michigan will join its children in a visible commitment toward a drug free world. During the week of October 23, the Michigan Communities in Action for Drug Free Youth will be distributing red ribbons with this year's theme throughout the State of Michigan. This ribbon will serve as a symbol to keep open lines of communication to our children regarding the problems related to the abuse of alcohol, the dangers of tobacco, and the elimination of illegal drug use in our society; and

Whereas, It is our hope that the citizens of Michigan join with the House of Representatives, Michigan's Honorary Chairs Governor and Mrs. John Engler, and Michigan Coordinators Ritchie Coleman and Bobbie Margolis to put a red ribbon on our lapels, in our homes, our offices, our cars, and any other place to celebrate "Red Ribbon Week" during the week of October 23-31, 1999 in Michigan; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body call upon the citizens of Michigan to recognize October 23-31, 1999 as Red Ribbon Week to promote a drug free Michigan; and be it further

Resolved, That a copy of this resolution be transmitted to the Board of Directors of Michigan Communities for Drug Free Youth as evidence of our support for their efforts.

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. Sanborn, Wojno, Gilbert, Hager, Faunce, Van Woerkom, Richardville, Bisbee, Woronchak, Howell and Shackleton offered the following concurrent resolution:

House Concurrent Resolution No. 28.

A concurrent resolution to memorialize the President and the Congress of the United States to save the Social Security System.

Resolved by the House of Representatives (the Senate concurring), That we memorialize the President and the Congress of the United States to save the Social Security System; and be it further

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

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

______

Rep. Scott moved that the House adjourn.

The motion prevailed, the time being 3:25 a.m.

The Speaker declared the House adjourned until Tuesday, April 13, at 2:00 p.m.

GARY L. RANDALL

Clerk of the House of Representatives.

Baird	Frank	Lockwood	Scott
Basham	Gieleghem	Mans	Scranton
Bisbee	Gilbert	Martinez	Shackleton
Bogardus	Hager	Middaugh	Sheltrown
Bovin	Hale	Minore	Shulman
Brater	Hanley	Neumann	Spade
Brewer	Hansen	O'Neil	Stallworth
Brown, B.	Hardman	Patterson	Switalski
Callahan	Hart	Pestka	Tesanovich
Cherry	Howell	Price	Thomas
Clark	Jacobs	Prusi	Van Woerkom
Clarke	Jamnick	Quarles	Vander Roest
Daniels	Julian	Reeves	Vaughn
DeHart	Kelly	Rison	Vear
Dennis	Kilpatrick	Rivet	Voorhees
DeWeese	Kowall	Schauer	Wojno
Ehardt	LaForge	Schermesser	Woodward

Allen	Garcia	Koetje	Raczkowski
Birkholz	Geiger	Kuipers	Richardville
Bishop	Godchaux	Kukuk	Richner
Bradstreet	Gosselin	LaSata	Rocca
Brown, C.	Green	Law	Sanborn
Byl	Jansen	Mead	Stamas
Cassis	Jelinek	Mortimer	Tabor
Caul	Jellema	Pappageorge	Toy
DeRossett	Johnson, Rick	Perricone	Woronchak
DeVuyst	Johnson, Ruth	Pumford

Baird	Frank	Lemmons	Rivet
Basham	Garcia	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	Julian	Quarles	Vaughn
Daniels	Kelly	Reeves	Wojno
DeHart	Kilpatrick	Rison	Woodward