The House was called to order by the Speaker.

 

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

 

 

Agee--present

Alley--present

Anthony--present

Baade--present

Baird--present

Bankes--present

Basham--present

Birkholz--present

Bobier--present

Bodem--present

Bogardus--present

Brackenridge--present

Brater--present

Brewer--present

Brown--present

Byl--present

Callahan--present

Cassis--present

Cherry--present

Ciaramitaro--present

Crissman--present

Cropsey--present

Curtis--present

Dalman--present

DeHart--present

DeVuyst--present

Dobb--present

Dobronski--present

Emerson--present

Fitzgerald--present

Frank--present

Freeman--present

Gagliardi--present

Galloway--present

Geiger--present

Gernaat--present

Gilmer--present

Gire--present

Godchaux--excused

Goschka--present

Green--present

Griffin--present

Gubow--present

Gustafson--present

Hale--present

Hammerstrom--present

Hanley--present

Harder--present

Hertel--present

Hood--present

Horton--present

Jansen--present

Jaye--present

Jelinek--present

Jellema--excused

Johnson--present

Kaza--present

Kelly--present

Kilpatrick--present

Kukuk--present

LaForge--present

Law--present

Leland--present

LeTarte--present

Llewellyn--present

London--present

Lowe--present

Mans--present

Martinez--present

Mathieu--present

McBryde--present

McManus--present

McNutt--present

Middaugh--present

Middleton--present

Murphy--present

Nye--present

Olshove--present

Owen--present

Oxender--present

Palamara--present

Parks--present

Perricone--present

Price--present

Profit--present

Prusi--present

Quarles--present

Raczkowski--present

Rhead--present

Richner--present

Rison--present

Rocca--present

Schauer--present

Schermesser--present

Schroer--present

Scott--present

Scranton--present

Sikkema--present

Stallworth--present

Tesanovich--present

Thomas--present

Varga--e/d/s

Vaughn--present

Voorhees--present

Walberg--present

Wallace--present

Wetters--present

Whyman--e/d/s

Willard--present

Wojno--present

 

 

e/d/s = entered during session

Gabriella Craciunescu, Miss Greater Grand Rapids from Wyoming, offered the following invocation:

 

"Our Dear Heavenly Father, thank You for bringing us together. Please bless everyone and help us with the decisions that we are faced with today. Let us remember why You have placed us here, to be good citizens and to help one another. Let us also remember that You will give us nothing that we cannot handle. Dear Lord, grant us the serenity to accept the things we cannot change, the courage to change the things we can, and the wisdom to know the difference. We ask this in the name of our Lord, Father, Amen."

 

 

 

 

Rep. Hammerstrom moved that Reps. Jellema and Godchaux be excused from today's session.

The motion prevailed.

 

 

 

 

Senate Bill No. 139, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 17401 and 17432 (MCL 333.17401 and 333.17432), as amended by 1994 PA 384.

The bill was read a second time.

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

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

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

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

 

By unanimous consent the House returned to the order of

 

 

Senate Bill No. 139, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 17401 and 17432 (MCL 333.17401 and 333.17432), as amended by 1994 PA 384.

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

 

 

Roll Call No. 922 Yeas--87

 

 

 

 

Nays--14

 

 

Frank Gubow

 

 

In The Chair: Hertel

 

 

Pursuant to Joint Rule 20, the full title of the bill shall read as follows:

"An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates,".

The House agreed to the full title of the bill.

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

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

 

 

 

 

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

"Mr. Speaker and members of the House:

I did not vote on Roll Call No. 922 because of a possible conflict of interest. I abstained from voting on Senate Bill 139 because I have an immediate family member who is a licensed ophthalmologist in the State of Michigan. Senate Bill 139 requires under certain medical conditions optometric referral to an ophthalmologist."

 

Rep. Varga entered the House Chambers.

 

Rep. Whyman entered the House Chambers.

 

By unanimous consent the House returned to the order of

 

 

The Speaker laid before the House

House Bill No. 4850, entitled

A bill to amend 1933 (Ex Sess) PA 8, entitled "The Michigan liquor control act," by amending section 4 (MCL 436.4).

(The bill was received from the Senate on November 12, with substitute (S-4), full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 90, p. 2347.)

The question being on concurring in the adoption of the substitute (S-4) made to the bill by the Senate,

The substitute (S-4) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 923 Yeas--88

 

 

 

 

Nays--15

 

 

 

 

In The Chair: Hertel

 

 

The House agreed to the full title of the bill.

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

 

By unanimous consent the House returned to the order of

 

 

 

 

 

The Speaker announced that under Joint Rule 9 the conference report would lie over one day to fulfill the Journal printing requirements.

Rep. Gagliardi moved pursuant to Joint Rule 9, that the Journal printing requirement be suspended, printed copies of the conference report having been placed on the member's desks.

The motion prevailed.

The question being on the adoption of the conference report,

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

 

 

Roll Call No. 924 Yeas--99

 

 

 

 

Nays--9

 

 

Green

 

 

In The Chair: Hertel

 

 

 

 

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

"Mr. Speaker and members of the House:

I voted "no" on HB 5083 because of two reasons. First, it does not treat all special education children in the state alike. Because none of the school districts in my legislative district participated in the Durant lawsuit against the state, they will now only get half of the money due to them up front. The balance will be paid out over ten years - that is if future legislatures agree to make the payments. There is no guarantee that the payments will be made, and I already have been sharply critical of this approach.

Secondly, this bill makes regular withdrawals from the state's "rainy day" fund, the Budget Stabilization Fund. We DO have an alternative: the surplus general fund dollars that lapse at the end of the year. I previously supported a plan to do exactly this. We have the surplus monies available, and by making the payments from surplus lapse dollars we can avoid depleting the state's savings account."

 

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

"Mr. Speaker and members of the House:

The taxpayers are being forced to pay twice for the failure of the Legislature to pay the $983 million for special education costs of local schools. For 17 years local property owners had to pay higher property taxes to make up the short fall. Now, 17 years later, the State Supreme Court catches the dead beat dad (the legislature) and finds him guilty. However, these two bills HB 5083, SB 178 and 719 now force the neighborhood taxpayers to pay a second time for the raising of the kid! This Legislature and Governor rejected Jaye amendments which would have:

1. Returned the $983 Million to the property taxpayers, just like a utility overcharge.

2. Require a vote in each school district on Nov. 1998 on whether the money should be returned to the property taxpayers or spent on school teachers and bureaucrat perks.

3. Any school spending programs should be approved by the votes.

This is another example of special interests groups colluding with the State Legislature making victims of the taxpayers."

Reps. Cropsey and Horton, having reserved the right to explain their nay vote, made the following statement:

"Mr. Speaker and members of the House:

I protest the settlement offer that is made to settle the Durant controversy. When Proposal A was voted by the people two promises were made. 1. property taxes would be lowered, and 2. the legislature would work towards equitable funding of the public schools. SB 178 and HB 5083 are breaking the second promise of Proposal A.

Even with the revisions made to the legislation of a guarantee of $26 increase in the foundation grant to schools, this amounts to less than a 1% increase in the poorest school districts. The poorest school districts are penalized under this scheme and the wealthiest schools districts are the beneficiaries. The wealthy school districts that are plaintiffs in the Durant case receive all of their money in a lump sum up front. All other school districts have only half of their money given up front and the rest is delivered over a ten year time period. This ten year period of payments is dependent upon state appropriations that may or may not be forthcoming.

All this settlement does is preserve the funding for the higher spending school districts at the expense of the lower spending school districts. This is inequitable and unjust in a state financed public school system that should guarantee equal opportunity to all students in Michigan--not just the wealthiest school systems."

 

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

"Mr. Speaker and members of the House:

I voted against House Bill 5083 because it does not treat all special education children in the state of Michigan the same. Only one of the schools in my legislative district participated in the Durant lawsuit against the state, and will therefore receive all of the money due them immediately. However, the rest of the school districts in my district will receive only half of the money that is due them immediately, and the balance will "supposedly" be paid out in equal increments over the next ten years. There is no guarantee that this will actually happen as no legislature is bound by the agreements of a previous legislature. Therefore, all that the schools have in hand is a promise -- a dubious one at that! What they deserve is to have the money that is due them in hand.

I also oppose making regular withdrawals from the state's "Rainy Day" fund, the Budget Stabilization Fund (BSF). There is a viable alternative that I strongly support -- using the surplus general fund dollars that lapse at the end of each fiscal year. I have previously supported a plan that would do exactly that, but unfortunately it did not prevail. This money is available; it does exist! By making these payments from surplus lapsed dollars, we will avoid depleting the states' savings account, thereby protecting the states' bond rating.

In summation, I agree with the payment, but I find great fault with the method. We can only hope that the schools actually receive the money that is promised to them in this bill. The fact that there is no guarantee, however, disturbs me greatly."

 

 

 

 

The Speaker laid before the House

Senate Bill No. 719, entitled

A bill to amend 1980 PA 300, entitled "The public school employees retirement act of 1979," by amending the title and sections 4, 5, 22, 34, 36, and 41 (MCL 38.1304, 38.1305, 38.1322, 38.1334, 38.1336, and 38.1341), the title and sections 4, 22, and 34 as amended by 1996 PA 488, section 5 as amended by 1994 PA 272, section 36 as added by 1989 PA 194, and section 41 as amended by 1996 PA 278, and by adding section 113.

(The bill was received from the Senate on November 12, with substitute (S-1)*, title amendment and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 90, p. 2347.)

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

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

 

 

Roll Call No. 925 Yeas--106

 

 

Dobb Kaza

 

 

Nays--1

 

 

Jaye

 

 

In The Chair: Hertel

 

 

The House agreed to the title as amended.

Pursuant to Joint Rule 20, the full title of the bill shall read as follows:

"An act to provide a retirement system for the public school employees of this state; to create certain funds for this retirement system; to provide for the creation of a retirement board within the department of management and budget; to prescribe the powers and duties of the retirement board; to prescribe the powers and duties of certain state departments, agencies, officials, and employees; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,".

The House agreed to the full title of the bill.

 

 

 

 

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

"Mr. Speaker and members of the House:

This bill is a smoke and mirrors accounting gimmick which transfers current teacher pension obligations to future taxpayers. Just like a homeowner pays much more for a house with a 30 year mortgage compared with a 15 year mortgage.

This bill once again cheats the property owners and forces taxpayers to pay a second time for the $982 million Durant case. Of course teachers and school bureaucrats don't pay anything into their primary pension. Teachers and school bureaucrat pensions are specially exempt from state income taxes.

Once again the taxpayers are made the victims in a deal worked out between the teachers union (MEA) and the Legislature, who's campaigns are largely funded by the teachers union."

 

 

 

 

House Bill No. 4910, entitled

A bill to amend 1975 PA 228, entitled "Single business tax act," by amending section 52 (MCL 208.52).

Was read a second time, and the question being on the adoption of the proposed amendments previously recommended by the Committee on Tax Policy (for amendments, see House Journal No. 79, p. 2139),

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

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

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

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

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

 

By unanimous consent the House returned to the order of

 

 

House Bill No. 4910, entitled

A bill to amend 1975 PA 228, entitled "Single business tax act," by amending section 52 (MCL 208.52).

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

 

 

Roll Call No. 926 Yeas--107

 

 

 

 

Nays--1

 

 

Agee

 

 

In The Chair: Hertel

 

 

The House agreed to the title of the bill.

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

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

 

 

House Bill No. 4896, entitled

A bill to amend 1937 PA 345, entitled "Fire fighters and police officers retirement act," by amending section 6 (MCL 38.556), as amended by 1991 PA 54.

The bill was read a second time.

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

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

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

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

 

By unanimous consent the House returned to the order of

 

 

House Bill No. 4896, entitled

A bill to amend 1937 PA 345, entitled "Fire fighters and police officers retirement act," by amending section 6 (MCL 38.556), as amended by 1991 PA 54.

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

 

 

Roll Call No. 927 Yeas--103

 

 

 

 

Nays--2

 

 

Alley Jaye

 

 

In The Chair: Hertel

The House agreed to the title of the bill.

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

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

Reps. Agee, Anthony, Basham, Birkholz, Bodem, Brater, Brewer, Brown, Callahan, Curtis, Dobronski, Frank, Gagliardi, Gire, Harder, Jelinek, Kaza, McBryde, Middaugh, Olshove, Oxender, Profit, Richner, Rocca, Tesanovich, Varga, Vaughn and Wallace were named co-sponsors of the bill.

 

 

 

 

Rep. Gagliardi moved that Rep. Parks be excused temporarily from today's session.

The motion prevailed.

 

By unanimous consent the House returned to the order of

 

 

Senate Bill No. 178, entitled

A bill to amend 1979 PA 94, entitled "The state school aid act of 1979," by amending the title and sections 6, 8, 11, 17b, 20, 24, 26a, 31a, 36, 39, 41, 51a, 53a, 54, 56, 57, 61a, 62, 67, 68, 74, 81, 94, 99, 101, 107, and 147 (MCL 388.1606, 388.1608, 388.1611, 388.1617b, 388.1620, 388.1624, 388.1626a, 388.1631a, 388.1636, 388.1639, 388.1641, 388.1651a, 388.1653a, 388.1654, 388.1656, 388.1657, 388.1661a, 388.1662, 388.1667, 388.1668, 388.1674, 388.1681, 388.1694, 388.1699, 388.1701, 388.1707, and 388.1747), the title as amended by 1991 PA 118, sections 6, 11, 17b, 20, 24, 36, 39, 41, 51a, 53a, 54, 56, 57, 61a, 62, 74, 81, 94, 99, 101, 107, and 147 as amended and sections 26a, 67, and 68 as added by 1997 PA 93, section 8 as amended by 1993 PA 175, and section 31a as amended by 1997 PA 24, and by adding sections 8a, 10, 11e, 11f, 11g, 11h, 11i, 31c, 36a, and 43; and to repeal acts and parts of acts.

The Senate has adopted the report of the Committee of Conference.

The Conference Report was read as follows:

 

 

 

 

 

The Speaker announced that under Joint Rule 9 the conference report would lie over one day to fulfill the Journal printing requirements.

Rep. Gagliardi moved pursuant to Joint Rule 9, that the Journal printing requirement be suspended, printed copies of the conference report having been placed on the member's desks.

The motion prevailed.

The question being on the adoption of the conference report,

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

 

 

Roll Call No. 928 Yeas--99