hj10289t.075

No. 75

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

90th Legislature

REGULAR SESSION OF 1999

House Chamber, Lansing, Thursday, October 28, 1999.

12:00 Noon.

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

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

Allen--present

Baird--present

Basham--present

Birkholz--present

Bisbee--present

Bishop--excused

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--e/d/s

Daniels--present

DeHart--present

Dennis--e/d/s

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--e/d/s

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--excused

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--e/d/s

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--e/d/s

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. Mary Ann Middaugh, from the 80th District, offered the following invocation:

"Dear Father in Heaven, we pause a moment to thank You for all the many blessings that You have given us. We look at our surroundings and we are ever increasingly aware of the beauty of this world. We ask that You would guide each one of us today as we begin our deliberations. Give us wisdom and courage of conviction. In this we ask in Your name. Amen."

______

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

The motion prevailed.

Rep. DeWeese moved that Rep. Bishop be excused from today's session.

The motion prevailed.

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

The motion prevailed.

Second Reading of Bills

Senate Bill No. 106, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 535a (MCL 750.535a), as amended by 1988 PA 140.

Was read a second time, and the question being on the adoption of the proposed amendments previously recommended by the Committee on Criminal Law and Corrections (for amendments, see House Journal No. 41, p. 791),

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

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

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

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

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

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

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

By unanimous consent the House returned to the order of

Third Reading of Bills

Senate Bill No. 106, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 535a (MCL 750.535a), as amended by 1988 PA 140.

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

Roll Call No. 928 Yeas--101

Allen Garza Kukuk Rivet

Baird Geiger LaForge Rocca

Basham Gieleghem LaSata Sanborn

Birkholz Gilbert Law Schauer

Bisbee Godchaux Lockwood Schermesser

Bogardus Gosselin Mans Scott

Bovin Hager Martinez Shackleton

Bradstreet Hale Mead Sheltrown

Brater Hanley Middaugh Shulman

Brewer Hansen Minore Spade

Brown, B. Hardman Mortimer Stallworth

Brown, C. Hart Neumann Stamas

Byl Howell O'Neil Switalski

Callahan Jacobs Pappageorge Tabor

Cassis Jamnick Patterson Tesanovich

Caul Jansen Pestka Thomas

Cherry Jelinek Price Toy

Clark, I. Jellema Prusi Van Woerkom

Daniels Johnson, Rick Pumford Vander Roest

DeHart Johnson, Ruth Quarles Vaughn

DeRossett Julian Raczkowski Vear

DeWeese Kelly Reeves Voorhees

Ehardt Koetje Richardville Wojno

Faunce Kowall Richner Woodward

Frank Kuipers Rison Woronchak

Garcia

Nays--0

In The Chair: Birkholz

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

"An act to revise, consolidate, codify and add to the statutes relating to crimes; to define crimes and prescribe the penalties therefor; to provide for restitution under certain circumstances; to provide for the competency of evidence at the trial of persons accused of crime; to provide immunity from prosecution for certain witnesses appearing at such trials; and to repeal certain acts and parts of acts inconsistent with or contravening any of the provisions of this act,".

The House agreed to the full title.

______

Rep. Green entered the House Chambers.

Second Reading of Bills

Senate Bill No. 288, entitled

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

The bill was read a second time.

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

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

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

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

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

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

By unanimous consent the House returned to the order of

Third Reading of Bills

Senate Bill No. 288, entitled

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

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

Roll Call No. 929 Yeas--102

Allen Garza Kukuk Rivet

Baird Geiger LaForge Rocca

Basham Gieleghem LaSata Sanborn

Birkholz Gilbert Law Schauer

Bisbee Godchaux Lockwood Schermesser

Bogardus Gosselin Mans Scott

Bovin Green Martinez Shackleton

Bradstreet Hager Mead Sheltrown

Brater Hale Middaugh Shulman

Brewer Hanley Minore Spade

Brown, B. Hansen Mortimer Stallworth

Brown, C. Hardman Neumann Stamas

Byl Hart O'Neil Switalski

Callahan Howell Pappageorge Tabor

Cassis Jacobs Patterson Tesanovich

Caul Jamnick Pestka Thomas

Cherry Jansen Price Toy

Clark, I. Jelinek Prusi Van Woerkom

Daniels Jellema Pumford Vander Roest

DeHart Johnson, Rick Quarles Vaughn

DeRossett Johnson, Ruth Raczkowski Vear

DeWeese Julian Reeves Voorhees

Ehardt Kelly Richardville Wojno

Faunce Koetje Richner Woodward

Frank Kowall Rison Woronchak

Garcia Kuipers

Nays--0

In The Chair: Birkholz

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

"An act to revise, consolidate, and codify the laws relating to criminal procedure and to define the jurisdiction, powers, and duties of courts, judges, and other officers of the court under the provisions of this act; to provide laws relative to the rights of persons accused of criminal offenses and ordinance violations; to provide for the arrest of persons charged with or suspected of criminal offenses and ordinance violations; to provide for bail of persons arrested for or accused of criminal offenses and ordinance violations; to provide for the examination of persons accused of criminal offenses; to regulate the procedure relative to grand juries, indictments, informations, and proceedings before trial; to provide for trials of persons complained of or indicted for criminal offenses and ordinance violations and to provide for the procedure in those trials; to provide for judgments and sentences of persons convicted of criminal offenses and ordinance violations; to establish a sentencing commission and to prescribe its powers and duties; to provide for procedure relating to new trials and appeals in criminal and ordinance violation cases; to provide a uniform system of probation throughout this state and the appointment of probation officers; to prescribe the powers, duties, and compensation of probation officers; to provide penalties for the violation of the duties of probation officers; to provide for procedure governing proceedings to prevent crime and proceedings for the discovery of crime; to provide for fees of officers, witnesses, and others in criminal and ordinance violation cases; to set forth miscellaneous provisions as to criminal procedure in certain cases; to provide penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act,".

The House agreed to the full title.

______

Rep. Clarke entered the House Chambers.

Second Reading of Bills

House Bill No. 4931, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 605 and 716 (MCL 257.605 and 257.716), section 605 as amended by 1999 PA 73 and section 716 as amended by 1998 PA 427.

(The bill was read a second time, amendment defeated, amendments offered and bill postponed for the day on October 26, see House Journal No. 73, p. 2046; amended, amendments offered and bill postponed for the day on October 27, see House Journal No. 74, p. 2080.)

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

Rep. Jamnick withdrew the amendment.

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

Rep. Cassis withdrew the amendments.

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

Rep. Cassis withdrew the amendments.

The question being on the adoption of the amendment offered previously by Reps. Jamnick and Lockwood,

Rep. Jamnick withdrew the amendment.

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

Rep. Cassis withdrew the amendments.

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

Rep. Rick Johnson withdrew the amendments.

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

The motion prevailed.

House Bill No. 4852, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," (MCL 206.1 to 206.532) by adding section 267.

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

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

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

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

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

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

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 4852, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," (MCL 206.1 to 206.532) by adding section 267.

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

Roll Call No. 930 Yeas--102

Allen Garza Kukuk Rivet

Baird Geiger LaForge Rocca

Basham Gieleghem LaSata Sanborn

Birkholz Gilbert Law Schauer

Bisbee Godchaux Lockwood Schermesser

Bogardus Gosselin Mans Scott

Bovin Green Martinez Shackleton

Bradstreet Hager Mead Sheltrown

Brater Hale Middaugh Shulman

Brewer Hanley Minore Spade

Brown, B. Hansen Mortimer Stallworth

Brown, C. Hardman Neumann Stamas

Byl Hart O'Neil Switalski

Callahan Howell Pappageorge Tabor

Cassis Jacobs Patterson Tesanovich

Caul Jamnick Pestka Thomas

Cherry Jansen Price Toy

Clark, I. Jelinek Prusi Van Woerkom

Clarke, H. Jellema Pumford Vander Roest

Daniels Johnson, Rick Quarles Vaughn

DeHart Johnson, Ruth Raczkowski Vear

DeWeese Julian Reeves Voorhees

Ehardt Kelly Richardville Wojno

Faunce Koetje Richner Woodward

Frank Kowall Rison Woronchak

Garcia Kuipers

Nays--0

In The Chair: Birkholz

The House agreed to the title of the bill.

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

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

Reps. Allen, Baird, Basham, Birkholz, Bogardus, Bovin, Bradstreet, Brater, Brewer, Bob Brown, Cameron Brown, Callahan, Caul, Clark, Clarke, DeHart, DeWeese, Ehardt, Frank, Garcia, Garza, Gieleghem, Gosselin, Hager, Hansen, Hardman, Hart, Howell, Jacobs, Jamnick, Jelinek, Jellema, Rick Johnson, Kelly, Koetje, Kowall, Kuipers, Kukuk, LaForge, LaSata, Law, Lemmons, Lockwood, Mans, Martinez, Mead, Middaugh, Minore, Mortimer, Neumann, O'Neil, Pappageorge, Patterson, Pestka, Price, Prusi, Pumford, Raczkowski, Reeves, Richardville, Richner, Rocca, Schauer, Schermesser, Scott, Shackleton, Sheltrown, Shulman, Spade, Stallworth, Stamas, Switalski, Tabor, Tesanovich, Thomas, Van Woerkom, Vander Roest, Vaughn, Vear, Voorhees, Wojno and Woodward were named co-sponsors of the bill.

______

Rep. Scranton entered the House Chambers.

Second Reading of Bills

House Bill No. 4812, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," (MCL 206.1 to 206.532) by adding section 267.

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

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

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

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

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

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

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 4812, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," (MCL 206.1 to 206.532) by adding section 267.

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

Roll Call No. 931 Yeas--105

Allen Garza Kukuk Rivet

Baird Geiger LaForge Rocca

Basham Gieleghem LaSata Sanborn

Birkholz Gilbert Law Schauer

Bisbee Godchaux Lemmons Schermesser

Bogardus Gosselin Lockwood Scott

Bovin Green Mans Scranton

Bradstreet Hager Martinez Shackleton

Brater Hale Mead Sheltrown

Brewer Hanley Middaugh Shulman

Brown, B. Hansen Minore Spade

Brown, C. Hardman Mortimer Stallworth

Byl Hart Neumann Stamas

Callahan Howell O'Neil Switalski

Cassis Jacobs Pappageorge Tabor

Caul Jamnick Patterson Tesanovich

Cherry Jansen Pestka Thomas

Clark, I. Jelinek Price Toy

Clarke, H. Jellema Prusi Van Woerkom

Daniels Johnson, Rick Pumford Vander Roest

DeHart Johnson, Ruth Quarles Vaughn

DeRossett Julian Raczkowski Vear

DeWeese Kelly Reeves Voorhees

Ehardt Koetje Richardville Wojno

Faunce Kowall Richner Woodward

Frank Kuipers Rison Woronchak

Garcia

Nays--0

In The Chair: Birkholz

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

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

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," (MCL 206.1 to 206.532) by adding section 268.

The motion prevailed.

The House agreed to the title as amended.

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

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

Reps. Baird, Birkholz, Bob Brown, Callahan, Cassis, Caul, Cherry, Hanley, Kelly, Koetje, Kukuk, Mead, Mortimer, Raczkowski, Rocca, Shulman, Spade, Tabor and Toy were named co-sponsors of the bill.

______

The Speaker Pro Tempore called Associate Speaker Pro Tempore Patterson to the Chair.

House Bill No. 4007, entitled

A bill to amend 1974 PA 369, entitled "An act to regulate the business of conducting a driver training school; to require licenses in relation thereto; to prescribe certain fees; to prescribe the powers and duties of certain persons and state departments; and to prescribe remedies and penalties," by amending sections 5 and 5b (MCL 256.605 and 256.605b), section 5 as amended and section 5b as added by 1998 PA 11.

(The bill was read a third time and postponed temporarily on October 27, see House Journal No. 74, p. 2082.)

The question being on the passage of the bill,

The bill was then passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 932 Yeas--57

Allen Gilbert Koetje Richardville

Basham Godchaux Kowall Richner

Birkholz Gosselin Kuipers Rocca

Bisbee Green Kukuk Sanborn

Bradstreet Hager LaSata Scranton

Brown, C. Hart Law Shulman

Byl Howell Mans Stamas

Cassis Jansen Mead Tabor

DeHart Jelinek Middaugh Toy

DeRossett Jellema Mortimer Van Woerkom

DeWeese Johnson, Rick Pappageorge Vander Roest

Ehardt Johnson, Ruth Patterson Vear

Faunce Julian Pumford Voorhees

Garcia Kelly Raczkowski Woronchak

Geiger

Nays--44

Baird Frank Lockwood Schauer

Bogardus Garza Martinez Schermesser

Bovin Gieleghem Minore Scott

Brater Hale Neumann Shackleton

Brewer Hanley O'Neil Sheltrown

Brown, B. Hansen Pestka Spade

Callahan Hardman Price Tesanovich

Caul Jacobs Prusi Thomas

Cherry Jamnick Quarles Vaughn

Clark, I. LaForge Reeves Wojno

Daniels Lemmons Rivet Woodward

In The Chair: Patterson

The House agreed to the title of the bill.

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

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

______

Rep. Perricone entered the House Chambers.

By unanimous consent the House returned to the order of

Messages from the Senate

The Speaker laid before the House

House Bill No. 4479, entitled

A bill to amend 1980 PA 350, entitled "The nonprofit health care corporation reform act," (MCL 550.1101 to 550.1704) by adding section 401h.

(The bill was received from the Senate on October 21 with substitute (S-1), full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until October 26, see House Journal No. 72, p. 2034.)

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. 933 Yeas--105

Allen Garza Kukuk Rison

Baird Geiger LaForge Rivet

Basham Gieleghem LaSata Rocca

Birkholz Gilbert Law Sanborn

Bisbee Godchaux Lemmons Schermesser

Bogardus Gosselin Lockwood Scott

Bovin Green Mans Scranton

Bradstreet Hager Martinez Shackleton

Brater Hale Mead Sheltrown

Brewer Hanley Middaugh Shulman

Brown, B. Hansen Minore Spade

Brown, C. Hardman Mortimer Stallworth

Byl Hart Neumann Stamas

Callahan Howell O'Neil Switalski

Cassis Jacobs Pappageorge Tabor

Caul Jamnick Patterson Tesanovich

Cherry Jansen Perricone Thomas

Clark, I. Jelinek Pestka Toy

Clarke, H. Jellema Price Van Woerkom

Daniels Johnson, Rick Prusi Vander Roest

DeHart Johnson, Ruth Pumford Vaughn

DeRossett Julian Quarles Vear

DeWeese Kelly Raczkowski Voorhees

Ehardt Koetje Reeves Wojno

Faunce Kowall Richardville Woodward

Frank Kuipers Richner Woronchak

Garcia

Nays--0

In The Chair: Patterson

The House agreed to the full title of the bill.

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

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

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

The Speaker laid before the House

House Bill No. 4480, entitled

A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding section 21053f.

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. 934 Yeas--106

Allen Garza LaForge Rivet

Baird Geiger LaSata Rocca

Basham Gieleghem Law Sanborn

Birkholz Gilbert Lemmons Schauer

Bisbee Godchaux Lockwood Schermesser

Bogardus Gosselin Mans Scott

Bovin Green Martinez Scranton

Bradstreet Hager Mead Shackleton

Brater Hale Middaugh Sheltrown

Brewer Hanley Minore Shulman

Brown, B. Hansen Mortimer Spade

Brown, C. Hardman Neumann Stallworth

Byl Hart O'Neil Stamas

Callahan Howell Pappageorge Switalski

Cassis Jacobs Patterson Tabor

Caul Jamnick Perricone Tesanovich

Cherry Jansen Pestka Thomas

Clark, I. Jelinek Price Toy

Clarke, H. Jellema Prusi Van Woerkom

Daniels Johnson, Rick Pumford Vander Roest

DeHart Johnson, Ruth Quarles Vaughn

DeRossett Julian Raczkowski Vear

DeWeese Kelly Reeves Voorhees

Ehardt Koetje Richardville Wojno

Faunce Kowall Richner Woodward

Frank Kuipers Rison Woronchak

Garcia Kukuk

Nays--0

In The Chair: Patterson

The House agreed to the full title of the bill.

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

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

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

The Speaker laid before the House

House Bill No. 4481, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," (MCL 500.100 to 500.8302) by adding section 3406o.

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. 935 Yeas--103

Allen Garza Kukuk Rocca

Baird Geiger LaForge Sanborn

Basham Gieleghem LaSata Schauer

Birkholz Gilbert Law Schermesser

Bisbee Godchaux Lemmons Scott

Bogardus Gosselin Lockwood Scranton

Bovin Green Mans Shackleton

Bradstreet Hager Martinez Sheltrown

Brater Hale Mead Shulman

Brown, B. Hanley Middaugh Spade

Brown, C. Hansen Minore Stallworth

Byl Hardman Mortimer Stamas

Callahan Hart Neumann Switalski

Cassis Howell O'Neil Tabor

Caul Jacobs Pappageorge Tesanovich

Cherry Jamnick Patterson Thomas

Clark, I. Jansen Perricone Toy

Clarke, H. Jelinek Pestka Van Woerkom

Daniels Jellema Price Vander Roest

DeHart Johnson, Rick Prusi Vaughn

DeRossett Johnson, Ruth Pumford Vear

DeWeese Julian Raczkowski Voorhees

Ehardt Kelly Reeves Wojno

Faunce Koetje Richardville Woodward

Frank Kowall Richner Woronchak

Garcia Kuipers Rison

Nays--0

In The Chair: Patterson

The House agreed to the full title of the bill.

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

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

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

______

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

The motion prevailed.

The Speaker laid before the House

House Bill No. 4482, entitled

A bill to amend 1980 PA 350, entitled "The nonprofit health care corporation reform act," (MCL 550.1101 to 550.1704) by adding section 401g.

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. 936 Yeas--103

Allen Garza LaForge Rocca

Baird Gieleghem LaSata Sanborn

Basham Gilbert Law Schauer

Birkholz Godchaux Lemmons Schermesser

Bisbee Gosselin Lockwood Scott

Bogardus Green Mans Scranton

Bovin Hager Martinez Shackleton

Bradstreet Hale Mead Sheltrown

Brater Hanley Middaugh Shulman

Brewer Hansen Minore Spade

Brown, B. Hardman Mortimer Stallworth

Brown, C. Hart Neumann Stamas

Byl Howell O'Neil Switalski

Callahan Jacobs Pappageorge Tabor

Cassis Jamnick Patterson Tesanovich

Caul Jansen Perricone Thomas

Cherry Jelinek Pestka Toy

Clark, I. Jellema Price Van Woerkom

Clarke, H. Johnson, Rick Pumford Vander Roest

DeHart Johnson, Ruth Quarles Vaughn

DeRossett Julian Raczkowski Vear

DeWeese Kelly Reeves Voorhees

Ehardt Koetje Richardville Wojno

Faunce Kowall Richner Woodward

Frank Kuipers Rison Woronchak

Garcia Kukuk Rivet

Nays--0

In The Chair: Patterson

The House agreed to the full title of the bill.

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

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

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

The Speaker laid before the House

House Bill No. 4483, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," (MCL 500.100 to 500.8302) by adding section 3406n.

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. 937 Yeas--104

Allen Garcia Kuipers Rivet

Baird Garza Kukuk Rocca

Basham Geiger LaForge Sanborn

Birkholz Gieleghem LaSata Schauer

Bisbee Gilbert Law Schermesser

Bogardus Godchaux Lemmons Scott

Bovin Gosselin Lockwood Scranton

Bradstreet Green Mans Shackleton

Brater Hager Martinez Sheltrown

Brewer Hale Mead Shulman

Brown, B. Hanley Middaugh 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, I. Jansen Pestka Toy

Clarke, H. Jelinek Price Van Woerkom

Daniels Jellema Prusi Vander Roest

DeHart Johnson, Rick Pumford Vaughn

DeRossett Johnson, Ruth Quarles Vear

DeWeese Julian Raczkowski Voorhees

Ehardt Kelly Reeves Wojno

Faunce Koetje Richardville Woodward

Frank Kowall Richner Woronchak

Nays--0

In The Chair: Patterson

The House agreed to the full title of the bill.

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

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

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

The Speaker laid before the House

House Bill No. 4484, entitled

A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding section 21053e.

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. 938 Yeas--106

Garcia Kukuk

Nays--0

In The Chair: Patterson

The House agreed to the full title of the bill.

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

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

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

The Speaker laid before the House

House Bill No. 4485, entitled

A bill to amend 1980 PA 350, entitled "The nonprofit health care corporation reform act," (MCL 550.1101 to 550.1704) by adding section 402c.

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

Rep. Jacobs moved to amend the Senate substitute (S-1) as follows:

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

"(D) IF A MEMBER IS DIAGNOSED WITH CANCER PRIOR TO A PHYSICIAN'S TERMINATION OR KNOWLEDGE OF THE TERMINATION AND THE PHYSICIAN WAS TREATING THE CANCER BEFORE THE DATE OF TERMINATION OR KNOWLEDGE OF THE TERMINATION, FOR THE REMAINDER OF THE MEMBER'S LIFE FOR CARE DIRECTLY RELATED TO THE TREATMENT OF THAT CANCER.".

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

Rep. Jacobs demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 939 Yeas--84

Allen Faunce Kowall Rivet

Baird Frank LaSata Rocca

Basham Garcia Lemmons Schauer

Birkholz Garza Lockwood Schermesser

Bisbee Gieleghem Mans Scott

Bogardus Gilbert Martinez Scranton

Bovin Godchaux Middaugh Shackleton

Brater Hager Minore Sheltrown

Brewer Hale Mortimer Shulman

Brown, B. Hanley Neumann Spade

Brown, C. Hansen O'Neil Stallworth

Byl Hardman Patterson Stamas

Callahan Howell Pestka Switalski

Cassis Jacobs Price Thomas

Caul Jamnick Prusi Toy

Cherry Jelinek Quarles Van Woerkom

Clark, I. Jellema Raczkowski Vander Roest

Clarke, H. Johnson, Rick Reeves Vaughn

Daniels Johnson, Ruth Richardville Wojno

DeHart Julian Richner Woodward

Ehardt Kelly Rison Woronchak

Nays--20

Bradstreet Green Kukuk Pumford

DeRossett Hart Law Sanborn

DeWeese Jansen Mead Tabor

Geiger Koetje Pappageorge Vear

Gosselin Kuipers Perricone Voorhees

In The Chair: Patterson

______

Rep. Kelly moved that Rep. LaForge be excused from the balance of today's session.

The motion prevailed.

Rep. Dennis moved to amend the Senate substitute (S-1) as follows:

1. Amend page 2, following line 18, following subdivision (D), by inserting:

"(E) IF A MEMBER IS 65 YEARS OLD OR OLDER, FOR THE REMAINDER OF THE MEMBER'S LIFE.".

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

Rep. Schauer 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. 940 Yeas--70

Baird Garza Lockwood Schermesser

Basham Gieleghem Mans Scott

Bisbee Gilbert Martinez Scranton

Bogardus Godchaux Minore Shackleton

Bovin Hager Mortimer Sheltrown

Brater Hale Neumann Spade

Brewer Hanley O'Neil Stallworth

Brown, B. Hansen Pestka Stamas

Byl Hardman Price Switalski

Callahan Howell Prusi Tesanovich

Caul Jacobs Quarles Thomas

Cherry Jamnick Reeves Van Woerkom

Clark, I. Jellema Richardville Vander Roest

Clarke, H. Johnson, Ruth Rison Vaughn

Daniels Julian Rivet Wojno

DeHart Kelly Rocca Woodward

Faunce Kowall Schauer Woronchak

Frank Lemmons

Nays--34

Allen Gosselin LaSata Raczkowski

Birkholz Green Law Richner

Bradstreet Hart Mead Sanborn

Brown, C. Jansen Middaugh Shulman

Cassis Jelinek Pappageorge Tabor

DeRossett Johnson, Rick Patterson Toy

DeWeese Koetje Perricone Vear

Garcia Kuipers Pumford Voorhees

Geiger Kukuk

In The Chair: Patterson

The question being on concurring in the Senate substitute (S-1), as amended,

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

Roll Call No. 941 Yeas--105

Allen Garza Kukuk Rivet

Baird Geiger LaSata Rocca

Basham Gieleghem Law Sanborn

Birkholz Gilbert Lemmons Schauer

Bisbee Godchaux Lockwood Schermesser

Bogardus Gosselin Mans Scott

Bovin Green Martinez Scranton

Bradstreet Hager Mead Shackleton

Brater Hale Middaugh Sheltrown

Brewer Hanley Minore Shulman

Brown, B. Hansen Mortimer Spade

Brown, C. Hardman Neumann Stallworth

Byl Hart O'Neil Stamas

Callahan Howell Pappageorge Switalski

Cassis Jacobs Patterson Tabor

Caul Jamnick Perricone Tesanovich

Cherry Jansen Pestka Thomas

Clark, I. Jelinek Price Toy

Clarke, H. Jellema Prusi Van Woerkom

Daniels Johnson, Rick Pumford Vander Roest

DeHart Johnson, Ruth Quarles Vaughn

DeRossett Julian Raczkowski Vear

DeWeese Kelly Reeves Voorhees

Ehardt Koetje Richardville Wojno

Faunce Kowall Richner Woodward

Frank Kuipers Rison Woronchak

Garcia

Nays--0

In The Chair: Patterson

The Speaker laid before the House

House Bill No. 4486, entitled

A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding section 21052b.

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

Rep. Jacobs moved to amend the Senate substitute (S-1) as follows:

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

"(D) IF AN ENROLLEE IS DIAGNOSED WITH CANCER PRIOR TO A PHYSICIAN'S TERMINATION OR KNOWLEDGE OF THE TERMINATION AND THE PHYSICIAN WAS TREATING THE CANCER BEFORE THE DATE OF TERMINATION OR KNOWLEDGE OF THE TERMINATION, FOR THE REMAINDER OF THE ENROLLEE'S LIFE FOR CARE DIRECTLY RELATED TO THE TREATMENT OF THAT CANCER.".

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

Rep. Jacobs demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 942 Yeas--77

Allen Frank Lockwood Schermesser

Baird Garcia Mans Scott

Basham Garza Martinez Scranton

Birkholz Gieleghem Middaugh Shackleton

Bisbee Gilbert Minore Sheltrown

Bogardus Hager Mortimer Shulman

Bovin Hale Neumann Spade

Brater Hanley O'Neil Stamas

Brewer Hansen Patterson Switalski

Brown, B. Hardman Pestka Tabor

Byl Howell Price Tesanovich

Callahan Jacobs Prusi Thomas

Cassis Jamnick Raczkowski Toy

Caul Jelinek Reeves Van Woerkom

Cherry Johnson, Rick Richardville Vander Roest

Clark, I. Johnson, Ruth Rison Vaughn

Clarke, H. Julian Rivet Wojno

Daniels Kelly Rocca Woodward

DeHart Kowall Schauer Woronchak

Faunce

Nays--23

Bradstreet Gosselin Kuipers Pumford

Brown, C. Green Kukuk Richner

DeRossett Hart LaSata Sanborn

DeWeese Jansen Law Vear

Ehardt Jellema Mead Voorhees

Geiger Koetje Pappageorge

In The Chair: Patterson

Rep. Dennis moved to amend the Senate substitute (S-1) as follows:

1. Amend page 2, following line 18, following subdivision (D), by inserting:

"(E) IF AN ENROLLEE IS 65 YEARS OLD OR OLDER, FOR THE REMAINDER OF THE ENROLLEE'S LIFE.".

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

Rep. Callahan 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. 943 Yeas--72

Baird Frank Kowall Rocca

Basham Garcia Lemmons Schauer

Birkholz Garza Lockwood Schermesser

Bisbee Gieleghem Mans Scott

Bogardus Gilbert Martinez Shackleton

Bovin Godchaux Middaugh Sheltrown

Brater Hager Minore Spade

Brewer Hale Mortimer Stallworth

Brown, B. Hanley Neumann Stamas

Byl Hansen O'Neil Switalski

Callahan Hardman Pestka Tesanovich

Caul Howell Price Thomas

Cherry Jacobs Prusi Van Woerkom

Clark, I. Jamnick Quarles Vander Roest

Clarke, H. Jellema Reeves Vaughn

Daniels Johnson, Ruth Richardville Wojno

DeHart Julian Rison Woodward

Faunce Kelly Rivet Woronchak

Nays--33

Allen Green LaSata Richner

Bradstreet Hart Law Sanborn

Brown, C. Jansen Mead Scranton

Cassis Jelinek Pappageorge Shulman

DeRossett Johnson, Rick Patterson Tabor

DeWeese Koetje Perricone Toy

Ehardt Kuipers Pumford Vear

Geiger Kukuk Raczkowski Voorhees

Gosselin

In The Chair: Patterson

Rep. Jacobs moved to amend the Senate substitute (S-1) as follows:

1. Amend page 2, line 10, after "IS" by striking out the balance of the line through "PREGNANCY" on line 11 and inserting "PREGNANT".

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

Rep. Jacobs demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 944 Yeas--67

Baird Faunce Lemmons Schauer

Basham Frank Lockwood Schermesser

Birkholz Garcia Mans Scott

Bisbee Garza Martinez Shackleton

Bogardus Gieleghem Middaugh Sheltrown

Bovin Green Minore Spade

Brater Hager Neumann Stallworth

Brewer Hale O'Neil Switalski

Brown, B. Hanley Pestka Tesanovich

Byl Hansen Price Thomas

Callahan Hardman Prusi Van Woerkom

Cassis Howell Quarles Vander Roest

Cherry Jacobs Reeves Vaughn

Clark, I. Jamnick Richardville Wojno

Clarke, H. Julian Rison Woodward

Daniels Kelly Rivet Woronchak

DeHart Kowall Rocca

Nays--37

Allen Gosselin Kukuk Richner

Bradstreet Hart LaSata Sanborn

Brown, C. Jansen Law Scranton

Caul Jelinek Mead Shulman

DeRossett Jellema Mortimer Stamas

DeWeese Johnson, Rick Pappageorge Tabor

Ehardt Johnson, Ruth Patterson Toy

Geiger Koetje Pumford Vear

Gilbert Kuipers Raczkowski Voorhees

Godchaux

In The Chair: Patterson

Reps. Jacobs and Brater moved to amend the Senate substitute (S-1) as follows:

1. Amend page 3, line 22, after "PHYSICIAN" by inserting "OR A MENTAL HEALTH PROFESSIONAL".

The question being on the adoption of the amendment offered by Reps. Jacobs and Brater,

Rep. Brater demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendment offered by Reps. Jacobs and Brater,

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

Roll Call No. 945 Yeas--63

Baird Frank Lockwood Schauer

Basham Garza Mans Schermesser

Birkholz Gieleghem Martinez Scott

Bogardus Hager Middaugh Shackleton

Bovin Hale Minore Sheltrown

Brater Hanley Neumann Spade

Brewer Hansen O'Neil Stallworth

Brown, B. Hardman Pestka Switalski

Callahan Howell Price Tabor

Caul Jacobs Prusi Tesanovich

Cherry Jamnick Quarles Thomas

Clark, I. Johnson, Ruth Raczkowski Vaughn

Clarke, H. Julian Reeves Voorhees

Daniels Kelly Richardville Wojno

DeHart Kowall Rison Woodward

DeWeese Lemmons Rocca

Nays--40

Allen Geiger Koetje Richner

Bisbee Gilbert Kuipers Sanborn

Bradstreet Godchaux Kukuk Scranton

Brown, C. Gosselin LaSata Shulman

Byl Green Law Stamas

Cassis Hart Mead Toy

DeRossett Jansen Mortimer Van Woerkom

Ehardt Jelinek Pappageorge Vander Roest

Faunce Jellema Patterson Vear

Garcia Johnson, Rick Pumford Woronchak

In The Chair: Patterson

The question being on concurring in the Senate substitute (S-1), as amended,

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

Roll Call No. 946 Yeas--101

Allen Garcia Kuipers Rivet

Baird Garza Kukuk Rocca

Basham Geiger LaSata Sanborn

Birkholz Gieleghem Law Schauer

Bisbee Gilbert Lemmons Schermesser

Bogardus Godchaux Lockwood Scott

Bovin Gosselin Mans Scranton

Bradstreet Green Martinez Shackleton

Brater Hager Mead Sheltrown

Brewer Hale Middaugh Shulman

Brown, B. Hansen Minore Spade

Brown, C. Hardman Mortimer Stallworth

Byl Hart Neumann Stamas

Callahan Howell O'Neil Switalski

Cassis Jacobs Pappageorge Tabor

Caul Jamnick Patterson Tesanovich

Cherry Jansen Pestka Thomas

Clark, I. Jelinek Price Toy

Clarke, H. Jellema Prusi Van Woerkom

Daniels Johnson, Rick Pumford Vander Roest

DeHart Johnson, Ruth Raczkowski Vear

DeRossett Julian Reeves Voorhees

DeWeese Kelly Richardville Wojno

Ehardt Koetje Richner Woodward

Faunce Kowall Rison Woronchak

Frank

Nays--0

In The Chair: Patterson

______

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

The motion prevailed.

The Speaker laid before the House

House Bill No. 4487, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," (MCL 500.100 to 500.8302) by adding section 2212b.

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

Rep. Jacobs moved to amend the Senate substitute (S-1) as follows:

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

"(D) IF AN INSURED IS DIAGNOSED WITH CANCER PRIOR TO A PHYSICIAN'S TERMINATION OR KNOWLEDGE OF THE TERMINATION AND THE PHYSICIAN WAS TREATING THE CANCER BEFORE THE DATE OF TERMINATION OR KNOWLEDGE OF THE TERMINATION, FOR THE REMAINDER OF THE INSURED'S LIFE FOR CARE DIRECTLY RELATED TO THE TREATMENT OF THAT CANCER.".

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

Rep. Jacobs demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 947 Yeas--82

Allen Faunce Kowall Rivet

Baird Frank LaSata Rocca

Basham Garcia Lemmons Schauer

Birkholz Garza Lockwood Schermesser

Bisbee Gieleghem Mans Scott

Bogardus Gilbert Martinez Shackleton

Bovin Godchaux Middaugh Sheltrown

Brater Hager Minore Shulman

Brewer Hale Neumann Spade

Brown, B. Hanley O'Neil Stallworth

Brown, C. Hansen Patterson Stamas

Byl Hardman Pestka Switalski

Callahan Howell Price Tesanovich

Cassis Jacobs Prusi Thomas

Caul Jamnick Quarles Van Woerkom

Cherry Jelinek Raczkowski Vander Roest

Clark, I. Jellema Reeves Vaughn

Clarke, H. Johnson, Rick Richardville Wojno

Daniels Johnson, Ruth Richner Woodward

DeHart Julian Rison Woronchak

DeWeese Kelly

Nays--21

Bradstreet Hart Law Sanborn

DeRossett Jansen Mead Tabor

Ehardt Koetje Mortimer Toy

Geiger Kuipers Pappageorge Vear

Gosselin Kukuk Pumford Voorhees

Green

In The Chair: Patterson

Rep. Dennis moved to amend the Senate substitute (S-1) as follows:

1. Amend page 2, following line 18, following subdivision (D), by inserting:

"(E) IF AN INSURED IS 65 YEARS OLD OR OLDER, FOR THE REMAINDER OF THE INSURED'S LIFE.".

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

Rep. Schauer 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. 948 Yeas--75

Baird Faunce Kowall Schauer

Basham Frank Lemmons Schermesser

Birkholz Garcia Lockwood Scott

Bisbee Garza Mans Scranton

Bogardus Gieleghem Martinez Shackleton

Bovin Gilbert Middaugh Sheltrown

Brater Godchaux Minore Spade

Brewer Hager Neumann Stallworth

Brown, B. Hale O'Neil Stamas

Byl Hanley Pestka Switalski

Callahan Hansen Price Tesanovich

Cassis Hardman Prusi Thomas

Caul Howell Quarles Van Woerkom

Cherry Jacobs Raczkowski Vander Roest

Clark, I. Jamnick Reeves Vaughn

Clarke, H. Jellema Richardville Wojno

Daniels Johnson, Ruth Rison Woodward

DeHart Julian Rivet Woronchak

DeWeese Kelly Rocca

Nays--28

Allen Hart LaSata Richner

Bradstreet Jansen Law Sanborn

Brown, C. Jelinek Mead Shulman

DeRossett Johnson, Rick Mortimer Tabor

Ehardt Koetje Pappageorge Toy

Geiger Kuipers Patterson Vear

Green Kukuk Pumford Voorhees

In The Chair: Patterson

The question being on concurring in the Senate substitute (S-1), as amended,

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

Roll Call No. 949 Yeas--103

Allen Garcia Kukuk Rocca

Baird Garza LaSata Sanborn

Basham Geiger Law Schauer

Birkholz Gieleghem Lemmons Schermesser

Bisbee Gilbert Lockwood Scott

Bogardus Godchaux Mans Scranton

Bovin Gosselin Martinez Shackleton

Bradstreet Green Mead Sheltrown

Brater Hager Middaugh Shulman

Brewer Hale Minore Spade

Brown, B. Hanley Mortimer Stallworth

Brown, C. Hansen Neumann Stamas

Byl Hardman O'Neil Switalski

Callahan Hart Pappageorge Tabor

Cassis Howell Patterson Tesanovich

Caul Jacobs Pestka Thomas

Cherry Jamnick Price Toy

Clark, I. Jansen Prusi Van Woerkom

Clarke, H. Jelinek Pumford Vander Roest

Daniels Jellema Quarles Vaughn

DeHart Johnson, Rick Raczkowski Vear

DeRossett Johnson, Ruth Reeves Voorhees

DeWeese Julian Richardville Wojno

Ehardt Koetje Richner Woodward

Faunce Kowall Rison Woronchak

Frank Kuipers Rivet

Nays--0

In The Chair: Patterson

______

The Speaker Pro Tempore resumed the Chair.

Rep. Callahan asked and obtained an excuse from the balance of today's session.

Second Reading of Bills

House Bill No. 4927, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 8379 (MCL 600.8379), as amended by 1990 PA 54.

The bill was read a second time.

Rep. O'Neil moved to amend the bill as follows:

1. Amend page 3, line 17, after "LAW." by inserting "A LOCAL UNIT OF GOVERNMENT, BY MAJORITY VOTE OF ITS LEGISLATIVE BODY, MAY ELECT NOT TO BE SUBJECT TO THIS SUBDIVISION.".

2. Amend page 3, line 22, after "LAW." by inserting "A CITY, VILLAGE, OR TOWNSHIP, BY MAJORITY VOTE OF ITS LEGISLATIVE BODY, MAY ELECT NOT TO BE SUBJECT TO THIS SUBDIVISION.".

The question being on the adoption of the amendments offered by Rep. O'Neil,

Rep. O'Neil demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendments offered by Rep. O'Neil,

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

Roll Call No. 950 Yeas--40

Baird Hanley Patterson Stallworth

Basham Hansen Price Switalski

Bogardus Hardman Prusi Tesanovich

Bovin Jacobs Reeves Thomas

Brown, B. Law Richardville Toy

Byl Lemmons Rivet Vander Roest

Daniels Lockwood Schauer Vaughn

DeHart Mans Schermesser Wojno

Faunce Neumann Scott Woodward

Gieleghem O'Neil Scranton Woronchak

Nays--60

Allen Garcia Johnson, Ruth Quarles

Birkholz Garza Julian Raczkowski

Bisbee Geiger Kelly Richner

Bradstreet Gilbert Koetje Rison

Brewer Godchaux Kowall Rocca

Brown, C. Gosselin Kuipers Sanborn

Cassis Green Kukuk Shackleton

Caul Hager LaSata Sheltrown

Cherry Hale Martinez Shulman

Clark, I. Hart Mead Spade

Clarke, H. Howell Middaugh Stamas

DeRossett Jansen Mortimer Tabor

DeWeese Jelinek Pappageorge Van Woerkom

Ehardt Jellema Perricone Vear

Frank Johnson, Rick Pumford Voorhees

In The Chair: Birkholz

Rep. Cassis moved to amend the bill as follows:

1. Amend page 3, line 17, after "AND" by striking out the balance of the line and inserting "ALLOCATED AS FOLLOWS:

(i) THIRTY PERCENT TO THE CITY, VILLAGE, OR COUNTY FOR REPAIR AND MAINTENANCE ON LOCAL ROADS. IF THE CITATION IS ISSUED UNDER TOWNSHIP ORDINANCE, THE COUNTY SHALL ALLOCATE THE FUNDS FOR REPAIR AND MAINTENANCE ON LOCAL ROADS WITHIN THAT TOWNSHIP.

(ii) FORTY PERCENT TO THE JURISDICTION IN WHICH THE CITATION WAS ISSUED FOR LIBRARY PURPOSES AS PROVIDED BY LAW.

(iii) THIRTY PERCENT TO THE COURT IN WHICH THE POLITICAL SUBDIVISION IS LOCATED.".

2. Amend page 3, line 22, after "AND" by striking out the balance of the line and inserting "ALLOCATED AS FOLLOWS:

(ii) FORTY PERCENT TO THE JURISDICTION IN WHICH THE CITATION WAS ISSUED FOR LIBRARY PURPOSES AS PROVIDED BY LAW.

(iii) THIRTY PERCENT TO THE COURT IN WHICH THE POLITICAL SUBDIVISION IS LOCATED.".

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

Rep. Wojno moved to amend the bill as follows:

1. Amend page 3, line 17, after "LAW." by inserting "THIS SUBDIVISION APPLIES TO ORDINANCES OR A PROVISION OF A CODE ADOPTED ON OR AFTER THE EFFECTIVE DATE OF THIS SUBDIVISION.".

2. Amend page 3, line 22, after "LAW." by inserting "THIS SUBDIVISION APPLIES TO ORDINANCES OR A PROVISION OF A CODE ADOPTED ON OR AFTER THE EFFECTIVE DATE OF THIS SUBDIVISION.".

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

Rep. Wojno demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 951 Yeas--41

Baird Garza Minore Scott

Basham Gieleghem O'Neil Scranton

Bogardus Hanley Patterson Switalski

Bovin Hansen Price Tesanovich

Brater Hardman Prusi Thomas

Brown, B. Jacobs Reeves Toy

Byl Lemmons Richardville Vander Roest

Clark, I. Lockwood Rocca Wojno

Daniels Mans Schauer Woodward

DeHart Martinez Schermesser Woronchak

Faunce

Nays--60

Allen Geiger Kelly Richner

Birkholz Gilbert Koetje Rison

Bisbee Godchaux Kowall Rivet

Bradstreet Gosselin Kuipers Sanborn

Brewer Green Kukuk Shackleton

Brown, C. Hager LaSata Sheltrown

Cassis Hale Mead Shulman

Caul Hart Middaugh Spade

Cherry Howell Mortimer Stallworth

Clarke, H. Jansen Neumann Stamas

DeRossett Jelinek Pappageorge Tabor

DeWeese Jellema Perricone Van Woerkom

Ehardt Johnson, Rick Pestka Vaughn

Frank Johnson, Ruth Pumford Vear

Garcia Julian Raczkowski Voorhees

In The Chair: Birkholz

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

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

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

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

______

Rep. Gieleghem asked and obtained an excuse from the balance of today's session.

Rep. Dennis entered the House Chambers.

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 4927, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 8379 (MCL 600.8379), as amended by 1990 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. 952 Yeas--81

Allen Garcia Julian Pumford

Baird Garza Kelly Quarles

Birkholz Geiger Koetje Reeves

Bisbee Gilbert Kowall Richner

Bovin Gosselin Kuipers Rison

Bradstreet Green Kukuk Rivet

Brater Hager LaSata Sanborn

Brewer Hale Lemmons Scranton

Brown, B. Hanley Lockwood Shackleton

Brown, C. Hansen Martinez Sheltrown

Cassis Hardman Mead Shulman

Caul Hart Middaugh Spade

Cherry Howell Minore Stamas

Clark, I. Jacobs Mortimer Switalski

Clarke, H. Jamnick Neumann Tabor

Daniels Jansen Pappageorge Tesanovich

Dennis Jelinek Perricone Van Woerkom

DeRossett Jellema Pestka Vear

DeWeese Johnson, Rick Price Voorhees

Ehardt Johnson, Ruth Prusi Woodward

Frank

Nays--23

Basham Law Rocca Toy

Bogardus Mans Schauer Vander Roest

Byl O'Neil Schermesser Vaughn

DeHart Patterson Scott Wojno

Faunce Raczkowski Stallworth Woronchak

Godchaux Richardville Thomas

In The Chair: Birkholz

The House agreed to the title of the bill.

Second Reading of Bills

The House returned to the consideration of

House Bill No. 4931, entitled

(The bill was considered earlier today, see today's journal, p. 2093.)

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

Rep. Cassis withdrew the amendments.

______

Rep. Rocca moved that Rep. Ruth Johnson be excused temporarily from today's session.

The motion prevailed.

The question being on the adoption of the amendment offered previously by Rep. O'Neil,

Rep. O'Neil demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendment offered previously by Rep. O'Neil,

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

Roll Call No. 953 Yeas--33

Basham Johnson, Ruth Price Switalski

Bogardus Kowall Prusi Tesanovich

Bovin Lemmons Richardville Thomas

Brown, B. Lockwood Rocca Toy

Byl Mans Schauer Vander Roest

DeHart Martinez Schermesser Wojno

Dennis O'Neil Scott Woodward

Faunce Patterson Scranton Woronchak

Jacobs

Nays--66

Allen Garza Kelly Reeves

Birkholz Geiger Koetje Richner

Bisbee Gilbert Kuipers Rison

Bradstreet Godchaux Kukuk Rivet

Brater Gosselin LaSata Sanborn

Brewer Green Law Shackleton

Brown, C. Hager Mead Sheltrown

Cassis Hale Middaugh Shulman

Caul Hansen Mortimer Spade

Cherry Hardman Neumann Stallworth

Clark, I. Hart Pappageorge Stamas

Clarke, H. Howell Perricone Tabor

DeRossett Jansen Pestka Van Woerkom

DeWeese Jelinek Pumford Vaughn

Ehardt Jellema Quarles Vear

Frank Johnson, Rick Raczkowski Voorhees

Garcia Julian

In The Chair: Birkholz

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

Rep. Cassis withdrew the amendments.

The question being on the adoption of the amendments offered previously by Rep. O'Neil,

Rep. O'Neil demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendments offered previously by Rep. O'Neil,

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

Roll Call No. 954 Yeas--27

Basham Hanley Price Scranton

Bogardus Law Prusi Tesanovich

Bovin Lemmons Richardville Thomas

Brown, B. Lockwood Rocca Toy

Byl Mans Schauer Wojno

DeHart O'Neil Schermesser Woodward

Faunce Patterson Scott

Nays--74

Allen Garza Kelly Richner

Baird Geiger Koetje Rison

Birkholz Gilbert Kowall Rivet

Bisbee Godchaux Kuipers Sanborn

Bradstreet Gosselin Kukuk Shackleton

Brater Green LaSata Sheltrown

Brewer Hager Martinez Shulman

Brown, C. Hale Mead Spade

Cassis Hansen Middaugh Stallworth

Caul Hardman Mortimer Stamas

Clark, I. Hart Neumann Switalski

Clarke, H. Howell Pappageorge Tabor

Daniels Jacobs Perricone Van Woerkom

Dennis Jansen Pestka Vander Roest

DeRossett Jelinek Pumford Vaughn

DeWeese Jellema Quarles Vear

Ehardt Johnson, Rick Raczkowski Voorhees

Frank Johnson, Ruth Reeves Woronchak

Garcia Julian

In The Chair: Birkholz

Rep. Cassis moved to amend the bill as follows:

1. Amend page 2, line 8, after "AND" by striking out the balance of the subsection and inserting "SHALL BE ALLOCATED AS FOLLOWS:

(A) THIRTY PERCENT TO THE CITY, VILLAGE, COUNTY, OR TOWNSHIP FOR REPAIR AND MAINTENANCE ON LOCAL ROADS. IF THE CITATION IS ISSUED UNDER TOWNSHIP ORDINANCE, THE COUNTY SHALL ALLOCATE THE FUNDS FOR REPAIR AND MAINTENANCE ON LOCAL ROADS WITHIN THAT TOWNSHIP.

(B) FORTY PERCENT TO THE JURISDICTION IN WHICH THE CITATION WAS ISSUED FOR LIBRARY PURPOSES AS PROVIDED BY LAW.

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

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

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

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

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

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 4931, 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. 955 Yeas--84

Allen Garcia Julian Quarles

Baird Garza Kelly Reeves

Birkholz Geiger Koetje Richner

Bisbee Gilbert Kowall Rison

Bovin Godchaux Kuipers Rivet

Bradstreet Gosselin Kukuk Sanborn

Brater Green LaSata Scranton

Brewer Hager Lemmons Shackleton

Brown, B. Hale Lockwood Sheltrown

Brown, C. Hanley Martinez Shulman

Cassis Hansen Mead Spade

Caul Hardman Middaugh Stallworth

Cherry Hart Minore Stamas

Clark, I. Howell Mortimer Switalski

Clarke, H. Jacobs Neumann Tabor

Daniels Jamnick Pappageorge Tesanovich

Dennis Jansen Perricone Van Woerkom

DeRossett Jelinek Pestka Vaughn

DeWeese Jellema Price Vear

Ehardt Johnson, Rick Prusi Voorhees

Frank Johnson, Ruth Pumford Woodward

Nays--20

Basham Law Richardville Thomas

Bogardus Mans Rocca Toy

Byl O'Neil Schauer Vander Roest

DeHart Patterson Schermesser Wojno

Faunce Raczkowski Scott Woronchak

In The Chair: Birkholz

The House agreed to the title of the bill.

Second Reading of Bills

House Bill No. 4932, entitled

A bill to amend 1963 PA 181, entitled "Motor carrier safety act of 1963," by amending sections 7 and 7c (MCL 480.17 and 480.17c), section 7 as amended and section 7c as added by 1995 PA 265.

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

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

Rep. Wojno moved to amend the bill as follows:

1. Amend page 4, line 17, after "LAW." by inserting "THIS SUBSECTION APPLIES TO AN ORDINANCE OR RESOLUTION ADOPTED ON OR AFTER THE EFFECTIVE DATE OF THIS SUBSECTION.".

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

Rep. Wojno demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 956 Yeas--40

Baird Hansen O'Neil Shackleton

Basham Hardman Patterson Switalski

Bogardus Jacobs Price Tesanovich

Brater Kowall Prusi Thomas

Brown, B. Law Richardville Toy

Byl Lemmons Rocca Vander Roest

DeHart Lockwood Schauer Vaughn

Faunce Mans Schermesser Wojno

Garza Martinez Scott Woodward

Hanley Minore Scranton Woronchak

Nays--61

Allen Frank Julian Raczkowski

Birkholz Garcia Kelly Reeves

Bisbee Gilbert Koetje Richner

Bovin Godchaux Kuipers Rison

Bradstreet Gosselin Kukuk Rivet

Brewer Green LaSata Sanborn

Brown, C. Hager Mead Sheltrown

Cassis Hale Middaugh Shulman

Caul Hart Mortimer Spade

Cherry Howell Neumann Stallworth

Clark, I. Jansen Pappageorge Stamas

Clarke, H. Jelinek Perricone Tabor

Daniels Jellema Pestka Van Woerkom

DeRossett Johnson, Rick Pumford Vear

DeWeese Johnson, Ruth Quarles Voorhees

Ehardt

In The Chair: Birkholz

Rep. Richner moved to amend the bill as follows:

1. Amend page 3, line 1, after the first "PAID" by inserting "BY THE DISTRICT COURT".

2. Amend page 3, line 2, after "LAW." by inserting "A FINE ORDERED TO BE PAID BY A MUNICIPAL COURT SHALL BE PAID TO THE TREASURER OF THE POLITICAL SUBDIVISION WHOSE ORDINANCE IS VIOLATED.".

3. Amend page 4, line 16, after "PAID" by inserting "AS FOLLOWS:

(A) IF THE FINE IS IMPOSED BY THE DISTRICT COURT,".

4. Amend page 4, following line 17, by inserting:

"(B) IF THE FINE IS IMPOSED BY A MUNICIPAL COURT, TO THE TREASURER OF THE POLITICAL SUBDIVISION WHOSE ORDINANCE IS VIOLATED.".

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

______

Rep. Scranton moved that Rep. Godchaux be excused temporarily from today's session.

The motion prevailed.

Rep. Cassis moved to amend the bill as follows:

1. Amend page 4, line 16, after "BE" by striking out the balance of the subsection and inserting "ALLOCATED AS FOLLOWS:

(A) THIRTY PERCENT TO THE CITY, VILLAGE, OR COUNTY FOR REPAIR AND MAINTENANCE ON LOCAL ROADS. IF THE CITATION IS ISSUED UNDER TOWNSHIP ORDINANCE, THE COUNTY SHALL ALLOCATE THE FUNDS FOR REPAIR AND MAINTENANCE ON LOCAL ROADS WITHIN THAT TOWNSHIP.

(B) FORTY PERCENT TO THE JURISDICTION IN WHICH THE CITATION WAS ISSUED FOR LIBRARY PURPOSES AS PROVIDED BY LAW.

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

Rep. O'Neil demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 957 Yeas--78

Allen Geiger Kowall Reeves

Baird Gilbert Kuipers Richner

Birkholz Gosselin Kukuk Sanborn

Bisbee Green LaSata Scranton

Bovin Hager Law Shackleton

Bradstreet Hale Lemmons Shulman

Brater Hanley Lockwood Spade

Brown, B. Hansen Martinez Stallworth

Brown, C. Hardman Mead Stamas

Byl Hart Middaugh Switalski

Cassis Howell Minore Tabor

Clark, I. Jacobs Mortimer Toy

Clarke, H. Jamnick Neumann Van Woerkom

Dennis Jansen Pappageorge Vander Roest

DeRossett Jelinek Patterson Vaughn

DeWeese Jellema Perricone Vear

Ehardt Johnson, Rick Pestka Voorhees

Frank Johnson, Ruth Price Woodward

Garcia Julian Pumford Woronchak

Garza Koetje

Nays--21

Basham Mans Rison Scott

Bogardus O'Neil Rivet Sheltrown

Caul Prusi Rocca Tesanovich

Cherry Raczkowski Schauer Thomas

DeHart Richardville Schermesser Wojno

Faunce

In The Chair: Birkholz

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

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

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

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

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 4932, entitled

A bill to amend 1963 PA 181, entitled "Motor carrier safety act of 1963," by amending sections 7 and 7c (MCL 480.17 and 480.17c), section 7 as amended and section 7c as added by 1995 PA 265.

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

Roll Call No. 958 Yeas--82

Allen Garcia Koetje Reeves

Baird Garza Kowall Richner

Birkholz Gilbert Kuipers Rison

Bisbee Gosselin Kukuk Rivet

Bovin Green LaSata Sanborn

Bradstreet Hager Lemmons Scranton

Brater Hale Lockwood Shackleton

Brewer Hanley Martinez Sheltrown

Brown, B. Hansen Mead Shulman

Brown, C. Hardman Middaugh Spade

Cassis Hart Minore Stallworth

Caul Howell Mortimer Stamas

Cherry Jacobs Neumann Switalski

Clark, I. Jamnick Pappageorge Tabor

Clarke, H. Jansen Perricone Tesanovich

Daniels Jelinek Pestka Van Woerkom

Dennis Jellema Price Vaughn

DeRossett Johnson, Rick Prusi Vear

DeWeese Johnson, Ruth Pumford Voorhees

Ehardt Julian Quarles Woodward

Frank Kelly

Nays--20

Basham Law Richardville Thomas

Bogardus Mans Rocca Toy

Byl O'Neil Schauer Vander Roest

DeHart Patterson Schermesser Wojno

Faunce Raczkowski Scott Woronchak

In The Chair: Birkholz

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

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

A bill to amend 1963 PA 181, entitled "Motor carrier safety act of 1963," by amending sections 7, 7b, 7c, and 11 (MCL 480.17, 480.17b, 480.17c, and 480.21), sections 7 and 11 as amended and section 7c as added by 1995 PA 265 and section 7b as amended by 1990 PA 339.

The motion prevailed.

The House agreed to the title as amended.

______

Rep. Jacobs moved that Rep. Hanley be excused temporarily from today's session.

The motion prevailed.

Second Reading of Bills

House Bill No. 4930, entitled

A bill to amend 1933 PA 254, entitled "The motor carrier act," by amending section 18 of article V (MCL 479.18), as amended by 1988 PA 355.

The bill was read a second time.

Rep. Wojno moved to amend the bill as follows:

1. Amend page 3, following line 13, by inserting:

"(7) SUBSECTIONS (4), (5), AND (6) APPLY TO A LOCAL LAW ADOPTED ON OR AFTER THE EFFECTIVE DATE OF THIS SUBSECTION." and renumbering the remaining subsection.

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

Rep. Wojno demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 959 Yeas--35

Basham Jacobs Prusi Switalski

Bogardus Kowall Richardville Tesanovich

Bovin Law Rocca Thomas

Bradstreet Lockwood Schauer Toy

Brater Mans Schermesser Vander Roest

Brown, B. Minore Scott Wojno

Byl O'Neil Scranton Woodward

DeHart Patterson Shackleton Woronchak

Faunce Price Stallworth

Nays--63

Allen Garza Kelly Raczkowski

Birkholz Gilbert Koetje Reeves

Bisbee Gosselin Kuipers Richner

Brewer Green Kukuk Rison

Brown, C. Hager LaSata Rivet

Cassis Hale Lemmons Sanborn

Caul Hansen Martinez Sheltrown

Cherry Hardman Mead Shulman

Clark, I. Hart Middaugh Spade

Clarke, H. Howell Mortimer Stamas

Daniels Jansen Neumann Tabor

Dennis Jelinek Pappageorge Van Woerkom

DeRossett Jellema Perricone Vaughn

Ehardt Johnson, Rick Pestka Vear

Frank Johnson, Ruth Pumford Voorhees

Garcia Julian Quarles

In The Chair: Birkholz

Rep. Richner moved to amend the bill as follows:

1. Amend page 3, line 7, after "(6)" by inserting "EXCEPT FOR CIVIL INFRACTION ACTIONS IN A MUNICIPAL COURT,".

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

Rep. Cassis moved to amend the bill as follows:

1. Amend page 3, line 10, after "AND" by striking out the balance of the subsection and inserting "SHALL BE ALLOCATED AS FOLLOWS:

(B) FORTY PERCENT TO THE JURISDICTION IN WHICH THE CITATION WAS ISSUED FOR LIBRARY PURPOSES AS PROVIDED BY LAW.

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

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

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

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

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

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 4930, entitled

A bill to amend 1933 PA 254, entitled "The motor carrier act," by amending section 18 of article V (MCL 479.18), as amended by 1988 PA 355.

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

Roll Call No. 960 Yeas--79

Allen Garcia Koetje Richner

Baird Garza Kowall Rison

Birkholz Gilbert Kuipers Rivet

Bisbee Gosselin Kukuk Sanborn

Bovin Green LaSata Scranton

Bradstreet Hager Lemmons Shackleton

Brater Hale Lockwood Sheltrown

Brown, B. Hansen Martinez Shulman

Brown, C. Hardman Mead Spade

Cassis Hart Middaugh Stallworth

Caul Howell Minore Stamas

Cherry Jacobs Mortimer Switalski

Clark, I. Jamnick Neumann Tabor

Clarke, H. Jansen Pappageorge Tesanovich

Daniels Jelinek Pestka Van Woerkom

Dennis Jellema Price Vaughn

DeRossett Johnson, Rick Prusi Vear

DeWeese Johnson, Ruth Pumford Voorhees

Ehardt Julian Quarles Woodward

Frank Kelly Reeves

Nays--20

Basham Law Richardville Thomas

Bogardus Mans Rocca Toy

Byl O'Neil Schauer Vander Roest

DeHart Patterson Schermesser Wojno

Faunce Raczkowski Scott Woronchak

In The Chair: Birkholz

The House agreed to the title of the bill.

Second Reading of Bills

House Bill No. 4929, entitled

A bill to amend 1956 PA 62, entitled "An act to authorize the director of the department of state police to promulgate a uniform traffic code; to authorize a city, township, or village to adopt the uniform traffic code by reference without publication in full; and to prescribe criminal penalties and civil sanctions for violation of the code," (MCL 257.951 to 257.954) by adding section 5.

The bill was read a second time.

Rep. Wojno moved to amend the bill as follows:

1. Amend page 1, line 3, after "SECTION 1" by inserting "ON OR AFTER THE EFFECTIVE DATE OF THIS SECTION".

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

Rep. Wojno demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 961 Yeas--26

Basham Jacobs Prusi Switalski

Bovin Law Richardville Tesanovich

Brater Lockwood Rocca Toy

Brown, B. Mans Schauer Vander Roest

Byl O'Neil Schermesser Wojno

DeHart Patterson Scott Woronchak

Faunce Price

Nays--67

Allen Frank Julian Reeves

Birkholz Garcia Kelly Richner

Bisbee Garza Koetje Rison

Bogardus Gilbert Kowall Sanborn

Bradstreet Gosselin Kuipers Shackleton

Brewer Green Kukuk Sheltrown

Brown, C. Hager LaSata Shulman

Cassis Hale Mead Spade

Caul Hansen Middaugh Stallworth

Cherry Hardman Minore Stamas

Clark, I. Hart Mortimer Tabor

Clarke, H. Howell Pappageorge Thomas

Daniels Jansen Perricone Van Woerkom

Dennis Jelinek Pestka Vaughn

DeRossett Jellema Pumford Vear

DeWeese Johnson, Rick Quarles Voorhees

Ehardt Johnson, Ruth Raczkowski

In The Chair: Birkholz

Rep. Richner moved to amend the bill as follows:

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

"(2) THIS SECTION DOES NOT APPLY TO A POLITICAL SUBDIVISION SERVED BY A MUNICIPAL COURT." and renumbering the remaining subsection.

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

Rep. O'Neil demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 962 Yeas--74

Allen Hansen Martinez Schauer

Baird Hardman Mead Scranton

Birkholz Hart Middaugh Shackleton

Bisbee Howell Minore Sheltrown

Bovin Jacobs Neumann Shulman

Brater Jansen O'Neil Spade

Brewer Jelinek Pappageorge Stamas

Brown, B. Jellema Patterson Switalski

Brown, C. Johnson, Rick Perricone Tabor

Byl Johnson, Ruth Pestka Tesanovich

Cassis Julian Price Thomas

Dennis Koetje Prusi Toy

DeRossett Kowall Pumford Van Woerkom

DeWeese Kuipers Raczkowski Vaughn

Ehardt Kukuk Reeves Voorhees

Frank LaSata Richner Wojno

Gilbert Lemmons Rivet Woodward

Gosselin Lockwood Sanborn Woronchak

Hager Mans

Nays--25

Basham Daniels Kelly Rocca

Bogardus DeHart Law Schermesser

Bradstreet Faunce Mortimer Scott

Caul Garcia Quarles Stallworth

Cherry Green Richardville Vander Roest

Clark, I. Hale Rison Vear

Clarke, H.

In The Chair: Birkholz

Rep. Cassis moved to amend the bill as follows:

1. Amend page 1, line 3, after "BE" by striking out the balance of the section and inserting "ALLOCATED AS FOLLOWS:

(B) FORTY PERCENT TO THE JURISDICTION IN WHICH THE CITATION WAS ISSUED FOR LIBRARY PURPOSES AS PROVIDED BY LAW.

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

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

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

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

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

Rep. Clark moved that Rep. Reeves be excused from the balance of today's session.

The motion prevailed.

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 4929, 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. 963 Yeas--80

Allen Garcia Kelly Quarles

Baird Garza Koetje Richner

Birkholz Gilbert Kowall Rison

Bisbee Gosselin Kuipers Rivet

Bovin Green Kukuk Sanborn

Bradstreet Hager LaSata Scranton

Brater Hale Lemmons Shackleton

Brewer Hanley Lockwood Sheltrown

Brown, B. Hansen Martinez Shulman

Brown, C. Hardman Mead Spade

Cassis Hart Middaugh Stallworth

Caul Howell Minore Stamas

Cherry Jacobs Mortimer Switalski

Clarke, H. Jamnick Neumann Tabor

Daniels Jansen Pappageorge Tesanovich

Dennis Jelinek Perricone Van Woerkom

DeRossett Jellema Pestka Vaughn

DeWeese Johnson, Rick Price Vear

Ehardt Johnson, Ruth Prusi Voorhees

Frank Julian Pumford Woodward

Nays--20

Basham Law Richardville Thomas

Bogardus Mans Rocca Toy

Byl O'Neil Schauer Vander Roest

DeHart Patterson Schermesser Wojno

Faunce Raczkowski Scott Woronchak

In The Chair: Birkholz

The House agreed to the title of the bill.

Second Reading of Bills

House Bill No. 4928, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 909 (MCL 257.909).

The bill was read a second time.

Rep. Rick Johnson moved to substitute (H-1) the bill.

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

Rep. Wojno moved to amend the bill as follows:

1. Amend page 1, line 5, after "ACT" by inserting "ADOPTED ON OR AFTER THE EFFECTIVE DATE OF THIS 1999 AMENDATORY ACT".

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

Rep. Wojno demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 964 Yeas--29

Basham Law Richardville Tesanovich

Bogardus Lockwood Rocca Thomas

Bovin Mans Schauer Toy

Brater O'Neil Schermesser Vander Roest

Brown, B. Patterson Scott Wojno

DeHart Price Scranton Woodward

Faunce Prusi Switalski Woronchak

Jacobs

Nays--64

Allen Garcia Kelly Raczkowski

Birkholz Gilbert Koetje Richner

Bisbee Gosselin Kowall Rison

Bradstreet Green Kuipers Rivet

Brewer Hager Kukuk Sanborn

Brown, C. Hale LaSata Shackleton

Cassis Hansen Mead Sheltrown

Cherry Hardman Middaugh Shulman

Clark, I. Hart Minore Spade

Clarke, H. Howell Mortimer Stallworth

Daniels Jansen Neumann Stamas

Dennis Jelinek Pappageorge Tabor

DeRossett Jellema Perricone Van Woerkom

DeWeese Johnson, Rick Pestka Vaughn

Ehardt Johnson, Ruth Pumford Vear

Frank Julian Quarles Voorhees

In The Chair: Birkholz

______

Rep. Cherry asked and obtained an excuse from the balance of today's session.

Rep. Richner moved to amend the bill as follows:

1. Amend page 1, line 1, after "(1)" by striking out "A" and inserting "EXCEPT AS PROVIDED IN SUBSECTION (2), A".

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

"(2) SUBSECTION (1) DOES NOT APPLY TO A CIVIL FINE ORDERED FOR A VIOLATION OF A CODE OR ORDINANCE OF A POLITICAL SUBDIVISION OF THIS STATE SERVED BY A MUNICIPAL COURT." and renumbering the remaining subsection.

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

Rep. Cassis moved to amend the bill as follows:

1. Amend page 1, line 9, after "state." by inserting "A CIVIL FINE ORDERED FOR A VIOLATION OF A CODE OR ORDINANCE OF A POLITICAL SUBDIVISION OF THIS STATE REGULATING COMMERCIAL MOTOR VEHICLES AND SUBSTANTIALLY CORRESPONDING TO A PROVISION OF THIS ACT SHALL BE ALLOCATED AS FOLLOWS:

(B) FORTY PERCENT TO THE JURISDICTION IN WHICH THE CITATION WAS ISSUED FOR LIBRARY PURPOSES AS PROVIDED BY LAW.

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

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

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

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

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

______

Rep. Rocca moved that Rep. Ruth Johnson be excused from the balance of today's session.

The motion prevailed.

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 4928, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 909 (MCL 257.909).

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

Roll Call No. 965 Yeas--79

Allen Garza Kowall Richardville

Baird Gilbert Kuipers Richner

Bisbee Gosselin Kukuk Rison

Bovin Green LaSata Rivet

Bradstreet Hager Lemmons Sanborn

Brater Hale Lockwood Scranton

Brewer Hanley Mans Shackleton

Brown, B. Hansen Martinez Sheltrown

Brown, C. Hardman Mead Shulman

Cassis Hart Middaugh Spade

Caul Howell Minore Stamas

Clark, I. Jacobs Mortimer Switalski

Clarke, H. Jamnick Neumann Tabor

Daniels Jansen Pappageorge Tesanovich

Dennis Jelinek Perricone Van Woerkom

DeRossett Jellema Pestka Vaughn

DeWeese Johnson, Rick Price Vear

Ehardt Julian Prusi Voorhees

Frank Kelly Pumford Woodward

Garcia Koetje Quarles

Nays--17

Basham Law Rocca Toy

Bogardus O'Neil Schermesser Vander Roest

Byl Patterson Scott Wojno

DeHart Raczkowski Thomas Woronchak

Faunce

In The Chair: Birkholz

The House agreed to the title of the bill.

By unanimous consent the House returned to the order of

Motions and Resolutions

Reps. Pestka, Callahan, Quarles, Brater, LaForge, Sheltrown, Bovin, Spade, Dennis, Rivet, Frank, Thomas, Neumann, Lockwood, Bob Brown, Minore, Schauer, Schermesser, Woodward, Bogardus, Clark, Hansen, Wojno, Hardman, Hager, Reeves, Clarke, Basham, Lemmons, Jacobs, Woronchak, Van Woerkom, Mortimer, Kelly, Prusi, Hale, Scott, Martinez, Gieleghem, Jellema, Jamnick, Baird and Cherry offered the following resolution:

House Resolution No. 211.

A resolution to urge the Department of Consumer and Industry Services to withdraw its proposed rules on child care centers and licensing and to redraft the rules with certain changes.

Whereas, The Department of Consumer and Industry Services has drafted proposed rules on child care centers and licensing. These rules, provided for in 1973 PA 116, were published in the July 1999 Michigan Register; and

Whereas, Public hearings and publicity on the rules have generated considerable concern. Many advocates of excellence in child care have indicated that the rules as proposed do not fulfill the aims of 1973 PA 116 and may contradict certain other provisions of state law. Specific areas of concern include provisions impacting child safety, health, and communications with parents on what state law requires of licensed child care facilities. Several requirements of the statute are omitted from the rules, including matters pertaining to nutrition, sanitation, and requirements of staff; and

Whereas, Pursuant to section 2 of 1973 PA 116, an ad hoc committee made recommendations to ensure the administrative rules meet the needs of Michigan children and families and carry out the intent of the legislation. The proposed rules, while they include well-developed standards in certain areas, fall far short of addressing the recommendations of the committee and providing the appropriate level of safety and accountability for child care centers. With the enormous load of child care licensing consultants, who are responsible for inspecting more than 4,700 centers serving over 230,000 children, it is of critical importance that rules establish standards that have structure, objectivity, and consistency; now, therefore, be it

Resolved by the House of Representatives, That we urge the Department of Consumer and Industry Services to withdraw its proposed rules on child care centers and licensing and to redraft the rules with changes that include the following:

--Reduce the child-caregiver ratio to the standard in current rules;

--Remove the bus driver, when in transit, from the ratio for supervision;

--Provide specific criteria for inspections; and

--Provide to parents written copies of center policies and a copy of 1973 PA 116.

We urge that the redraft of the rules include the recommendations of the ad hoc committee with regard to responsibilities of a primary caregiver, sleeping equipment, administering of medications, maintenance of records, personal care standards for infants, food service standards and inspections, infant feeding, immunization documentation, standards for water and lead testing, education and training of staff and directors, on-site requirements for directors, and drop-in facilities for school-aged children; and be it further

Resolved, That copies of this resolution be transmitted to the Department of Consumer and Industry Services.

The resolution was referred to the Committee on Family and Children Services.

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

Rep. Jellema offered the following concurrent resolution:

House Concurrent Resolution No. 65.

A concurrent resolution approving the conveyance of property to the State Building Authority and approving a lease among the State of Michigan, the State Building Authority, and Eastern Michigan University relative to the Eastern Michigan University Health and Human Services Building.

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

Whereas, The site for the Eastern Michigan University Health and Human Services Building (the "Facility") is currently owned by the Educational Institution; and

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

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

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

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

Resolved by the House of Representatives (the Senate concurring), That the Total Facility Cost for the Eastern Michigan University Health and Human Services Building shall not exceed $20,417,000 (the Authority share is $15,312,600, the State General Fund/General Purpose share is $100, and the Educational Institution share is $5,104,300), plus interest charges on monies advanced by the State to meet the construction cash flow requirements of the Facility, if any, of which not more than $15,312,600, plus interest charges on monies advanced by the State to meet the construction cash flow requirements of the Facility, if any, shall be financed from bonds issued by the Authority, exclusive of amounts necessary for reserves, interest, or other nonconstruction costs; and be it further

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

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

Resolved, That the annual amounts of "True Rental" for the Facility shall be within or below the range of $1,468,000 and $2,465,000, as shall reflect variations that may occur in the components upon which the appraisal of true rental was based, which amounts shall be certified by the appraiser and thereafter approved by the State Administrative Board and the Authority as authorized by 1964 PA 183, as amended; and be it further

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

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

Resolved, That a copy of this concurrent resolution be transmitted to the Governor, the Secretary of State, the Authority, the Board of Regents of Eastern Michigan University, and the State Budget Director.

The concurrent resolution was referred to the Committee on Appropriations.

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

Rep. Jellema offered the following concurrent resolution:

House Concurrent Resolution No. 66.

A concurrent resolution approving the conveyance of property to the State Building Authority and approving a lease among the State of Michigan, the State Building Authority, and Northern Michigan University relative to the Northern Michigan University West Science Building Remodeling (Phase I).

Whereas, 1996 PA 480 established the Northern Michigan University West Science Remodeling at a total authorized project cost of $46,935,000 (the Authority share is $35,201,100, the State General Fund/General Purpose share is $100, and the Educational Institution share is $11,733,800). This project is comprised of two components, the construction of a new science building (the "Facility") and the renovation of the existing science building (the "Science Building Remodeling"); and

Whereas, The estimated project costs for the Facility and the Science Building Remodeling are $27,527,039 and $19,407,961, respectively, which in the aggregate is equal to the total project cost of $46,935,000 for the Northern Michigan University West Science Building Remodeling; and

Whereas, The portions of the Facility and the Science Building Remodeling to be financed by the State Building Authority (the "Authority") shall be $20,645,179 and $14,555,921, respectively, which in the aggregate is equal to the share of the total authorized cost to be financed by the Authority; and

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

Whereas, The site for the Facility is currently owned by the Educational Institution; and

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

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

Resolved by the House of Representatives (the Senate concurring), That the total cost for the Northern Michigan University West Science Building Remodeling (Phase I) shall not exceed $27,527,039 (the Authority share is $20,645,179, the State General Fund/General Purpose share is $100, and the Educational Institution share is $6,881,760), plus interest charges on monies advanced by the State to meet the construction cash flow requirements of the Facility, if any, of which not more than $20,645,179, plus interest charges on monies advanced by the State to meet the construction cash flow requirements of the Facility, if any, shall be financed from bonds issued by the Authority, exclusive of amounts necessary for reserves, interest, or other nonconstruction costs; and be it further

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

Resolved, That the annual amounts of "True Rental" for the Facility shall be within or below the range of $2,087,000 and $3,580,000, as shall reflect variations that may occur in the components upon which the appraisal of true rental was based, which amounts shall be certified by the appraiser and thereafter approved by the State Administrative Board and the Authority as authorized by 1964 PA 183, as amended; and be it further

Resolved, That a copy of this concurrent resolution be transmitted to the Governor, the Secretary of State, the Authority, the Board of Control of Northern Michigan University, and the State Budget Director.

The concurrent resolution was referred to the Committee on Appropriations.

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

Rep. Jellema offered the following concurrent resolution:

House Concurrent Resolution No. 67.

A concurrent resolution approving the conveyance of property to the State Building Authority and approving a lease among the State of Michigan, the State Building Authority, and Ferris State University relative to the Ferris State University Library Addition and Renovation (Phase I).

Whereas, 1996 PA 480 established the Ferris State University Library Addition and Renovation at a total authorized project cost of $50,000,000 (the Authority share is $37,499,900, the State General Fund/General Purpose share is $100, and the Educational Institution share is $12,500,000). This project is comprised of two components, the construction of a new library (the "Facility") and the renovation of the existing library building (the "Library Renovation"); and

Whereas, The estimated project costs for the Facility and the Library Renovation are $39,500,000 and $10,500,000 respectively, which in the aggregate is equal to the total project cost of $50,000,000 for the Ferris State University Library Addition and Renovation; and

Whereas, The portions of the Facility and the Library Renovation to be financed by the State Building Authority (the "Authority") shall be $29,624,900 and $7,875,000, respectively, which in the aggregate is equal to the share of the total authorized cost to be financed by the Authority; and

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

Whereas, The site for the Facility is currently owned by the Educational Institution; and

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

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

Resolved by the House of Representatives (the Senate concurring), That the total cost for the Ferris State University Library Addition and Renovation (Phase I) shall not exceed $39,500,000 (the Authority share is $29,624,900, the State General Fund/General Purpose share is $100, and the Educational Institution share is $9,875,000), plus interest charges on monies advanced by the State to meet the construction cash flow requirements of the Facility, if any, of which not more than $29,624,900, plus interest charges on monies advanced by the State to meet the construction cash flow requirements of the Facility, if any, shall be financed from bonds issued by the Authority, exclusive of amounts necessary for reserves, interest, or other nonconstruction costs; and be it further

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

Resolved, That the annual amounts of "True Rental" for the Facility shall be within or below the range of $2,993,000 and $5,123,000, as shall reflect variations that may occur in the components upon which the appraisal of true rental was based, which amounts shall be certified by the appraiser and thereafter approved by the State Administrative Board and the Authority as authorized by 1964 PA 183, as amended; and be it further

Resolved, That a copy of this concurrent resolution be transmitted to the Governor, the Secretary of State, the Authority, the Board of Trustees of Ferris State University, and the State Budget Director.

The concurrent resolution was referred to the Committee on Appropriations.

Reps. Pestka, Martinez, Callahan, Quarles, LaForge, Brater, Sheltrown, Bovin, Spade, Dennis, Rivet, Frank, Thomas, Neumann, Lockwood, Bob Brown, Minore, Schauer, Schermesser, Woodward, Bogardus, Clark, Hansen, Hardman, Wojno, Hager, Reeves, Clarke, Basham, Lemmons, Woronchak, Van Woerkom, Mortimer, Kelly, Prusi, Hale, Scott, Gieleghem, Jellema, Jamnick, Baird and Cherry offered the following concurrent resolution:

House Concurrent Resolution No. 68.

A concurrent resolution to urge the Department of Consumer and Industry Services to withdraw its proposed rules on child care centers and licensing and to redraft the rules with certain changes.

Resolved by the House of Representatives (the Senate concurring), That we urge the Department of Consumer and Industry Services to withdraw its proposed rules on child care centers and licensing and to redraft the rules with changes that include the following:

--Reduce the child-caregiver ratio to the standard in current rules;

--Remove the bus driver, when in transit, from the ratio for supervision;

--Provide specific criteria for inspections; and

--Provide to parents written copies of center policies and a copy of 1973 PA 116.

Resolved, That copies of this resolution be transmitted to the Department of Consumer and Industry Services.

The concurrent resolution was referred to the Committee on Family and Children Services.

Reports of Standing Committees

The Committee on Family and Civil Law, by Rep. Richner, Chair, reported

House Bill No. 4684, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 2162 (MCL 600.2162), as amended by 1994 PA 67; and to repeal acts and parts of acts.

With the recommendation that the substitute (H-2) be adopted and that the bill then pass.

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

Favorable Roll Call

HB 4684 To Report Out:

Yeas: Reps. Richner, Shulman, Hart, Koetje, Law, Sanborn, Voorhees, Switalski, Schermesser,

Nays: Rep. Baird.

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Richner, Chair of the Committee on Family and Civil Law, was received and read:

Meeting held on: Thursday, October 28, 1999, at 9:00 a.m.,

Present: Reps. Richner, Shulman, Hart, Koetje, Law, Sanborn, Voorhees, Baird, Switalski, Schermesser,

Absent: Reps. Minore,

Excused: Rep. Minore.

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Tabor, Vice-Chair of the Committee on Conservation and Outdoor Recreation, was received and read:

Meeting held on: Thursday, October 28, 1999, at 8:00 a.m.,

Present: Reps. DeVuyst, Tabor, DeRossett, Allen, Green, Kowall, Middaugh, Patterson, Sanborn, Callahan, Basham, Gieleghem, Mans, Sheltrown,

Absent: Rep. Brater,

Excused: Rep. Brater.

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Thursday, October 28, 1999, at 9:00 a.m.,

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

Absent: Reps. Bishop, Tabor, Lockwood,

Excused: Reps. Bishop, Tabor, Lockwood.

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Shackleton, Chair of the Committee on Great Lakes and Tourism, was received and read:

Meeting held on: Thursday, October 28, 1999, at 10:30 a.m.,

Present: Reps. Shackleton, Van Woerkom, Birkholz, Bisbee, Hager, Gilbert, Kowall, Middaugh, Richardville, Woronchak, Neumann, Clark, Hale, Rivet, Sheltrown, Woodward,

Absent: Rep. Lockwood,

Excused: Rep. Lockwood.

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Thursday, October 28, 1999, at 10:30 a.m.,

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

Absent: Rep. Dennis,

Excused: Rep. Dennis.

Announcement by the Clerk of Printing and Enrollment

The Clerk announced that the following bills had been printed and placed upon the files of the members, Thursday, October 28:

House Bill Nos. 5025 5026 5027 5028 5029 5030 5031 5032 5033 5034 5035 5036 5037 5038

5039 5040 5041 5042 5043 5044 5045 5046 5047 5048 5049 5050 5051 5052

5053 5054 5055 5056 5057 5058 5059 5060 5061 5062 5063 5064 5065

5066

The Clerk announced that the following Senate bills had been received on Thursday, October 28:

Senate Bill Nos. 180 398 399 745 770 810 811 812 813 814 826 827 828 829

By unanimous consent the House returned to the order of

Messages from the Senate

Senate Bill No. 180, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 43902 and 43905 (MCL 324.43902 and 324.43905), as added by 1995 PA 57.

The Senate has passed the bill.

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

Senate Bill No. 398, entitled

A bill to amend 1974 PA 163, entitled "L.E.I.N. policy council act of 1974," by amending section 4 (MCL 28.214), as amended by 1998 PA 459.

The Senate has passed the bill.

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

Senate Bill No. 399, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending the part heading of part 465 and sections 46501 and 46509 (MCL 324.46501 and 324.46509), as added by 1995 PA 57, and by adding section 46510; and to repeal acts and parts of acts.

The Senate has passed the bill.

The bill was read a first time by its title and referred to the Committee on Conservation and Outdoor Recreation

Senate Bill No. 745, entitled

A bill to revise and codify the laws relating to banks, out-of-state banks, and foreign banks; to provide for their regulation and supervision; to prescribe the powers and duties of banks; to prescribe the powers and duties of certain state agencies and officials; to prescribe penalties; and to repeal acts and parts of acts.

The Senate has passed the bill by a 2/3 vote.

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

Senate Bill No. 770, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," (MCL 257.1 to 257.923) by adding section 811l.

The Senate has passed the bill.

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

Senate Bill No. 810, entitled

A bill to provide for the redistricting of congressional districts; and to establish guidelines for the decennial adoption of a redistricting plan for congressional districts.

The Senate has passed the bill.

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

Senate Bill No. 811, entitled

A bill to confer original jurisdiction on the supreme court to hear and decide cases on congressional redistricting; and to allow the supreme court to review and order congressional redistricting plans.

The Senate has passed the bill.

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

Senate Bill No. 812, entitled

A bill to amend 1966 PA 261, entitled "An act to provide for the apportionment of county boards of commissioners; to prescribe the size of the board; to provide for appeals; to prescribe the manner of election of the members of the county board of commissioners; to provide for compensation of members; to prescribe penalties and provide remedies; and to repeal acts and parts of acts," by amending sections 4 and 8 (MCL 46.404 and 46.408).

The Senate has passed the bill.

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

Senate Bill No. 813, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 302 (MCL 600.302), as amended by 1993 PA 190.

The Senate has passed the bill.

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

Senate Bill No. 814, entitled

A bill to amend 1996 PA 463, entitled "An act to establish guidelines for the decennial adoption of redistricting plans for the senate and house of representatives; to provide original jurisdiction to the supreme court to review redistricting plans enacted by the legislature for compliance with those guidelines; and to provide a procedure for the supreme court to use to redistrict the senate and house of representatives under certain circumstances," by amending section 2 (MCL 4.262) and by adding section 1a.

The Senate has passed the bill.

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

Senate Bill No. 826, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 803l and 804 (MCL 257.803l and 257.804), section 803l as amended by 1998 PA 68 and section 804 as amended by 1995 PA 129, and by adding sections 6d, 17b, 30b, 811d, 811e, 811f, 811g, and 811h; and to repeal acts and parts of acts.

The Senate has passed the bill.

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

Senate Bill No. 827, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," (MCL 257.1 to 257.923) by adding section 811j.

The Senate has passed the bill.

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

Senate Bill No. 828, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," (MCL 257.1 to 257.923) by adding section 811m.

The Senate has passed the bill.

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

Senate Bill No. 829, entitled

A bill to amend 1982 PA 249, entitled "An act to establish the state children's trust fund in the department of treasury; and to provide certain powers and duties of the department of treasury with respect to the trust fund," by amending section 1 (MCL 21.171), as amended by 1997 PA 34.

The Senate has passed the bill.

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

Senate Concurrent Resolution No. 20.

A concurrent resolution to memorialize the Congress of the United States to take certain actions regarding the implementation of the Food Quality Protection Act of 1996.

Whereas, The Food Quality Protection Act of 1996 (FQPA) was signed into law on August 3, 1996, by President Clinton; and

Whereas, Among the purposes of the FQPA is to assure that pesticide tolerance decisions and policies are based upon sound science and reliable data; and

Whereas, Another purpose of the FQPA is to assure that pesticide tolerance decisions and policies are formulated in an open and transparent manner; and

Whereas, The EPA is required by the FQPA to have reviewed approximately 3,000 of the approximately 9,700 existing tolerances by August 1999 to determine whether these tolerances meet the safety standards established by the FQPA; and

Whereas, The implementation of the FQPA could have a profound negative impact on domestic agricultural production and on consumer food prices and availability. With Michigan's diverse agriculture, this impact could be especially severe on our numerous specialty crops; now, therefore, be it

Resolved by the Senate (the House of Representatives concurring), That we memorialize the Congress of the United States to take the following actions:

1. Direct the EPA to initiate immediately appropriate administrative rulemaking to ensure that the policies and standards the agency intends to apply in evaluating pesticide tolerances are subject to thorough public notice and comment prior to final tolerance determinations being made by the agency.

2. Direct the EPA to use its authority under the FQPA to provide interested persons the opportunity to produce data needed to evaluate a pesticide tolerance so that the agency can avoid the use of unrealistic default assumptions in making pesticide tolerance decisions.

3. Direct the EPA to implement the FQPA in a manner that will not disrupt agricultural production nor have a negative impact on the availability, diversity, and affordability of food.

4. Conduct oversight hearings immediately to ensure that actions taken by the EPA are consistent with the FQPA provisions and congressional intent. Following oversight hearings, Congress should, if necessary, take appropriate actions or amend the FQPA to correct problem areas.

5. Encourage the Secretary of Agriculture and the United States Department of Agriculture to increase its commitment of manpower and budgetary resources to work with the EPA to gather scientific data. Furthermore, Congress should encourage the United States Department of Agriculture to conduct an economic impact statement on the implementation of the FQPA.

6. Clarify the role of Section 18 of the Federal Insecticide, Fungicide, and Rodenticide Act as its provisions relate to the reestablishment of tolerances under the FQPA; and be it further

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

The Senate has adopted the concurrent resolution.

Reps. LaForge, Woodward, Middaugh, Faunce, Hardman, Rivet, Kelly, Prusi, Scott, Martinez, Vaughn, Sheltrown, Gieleghem, Hansen, Julian, Schauer, DeHart, Minore, Jamnick, Green, Baird, Thomas, Lemmons and Cherry were named co-sponsors of the concurrent resolution.

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

Senate Concurrent Resolution No. 24.

A concurrent resolution to memorialize the Congress of the United States to investigate the issue and extent of foreign agricultural products being dumped on American markets.

Whereas, The opening of markets around the world holds many opportunities for our nation and for specific enterprises. The global nature of business offers rewards both for the American consumer and for those exporting goods to other countries; and

Whereas, With the opportunities of free trade comes damage that can result from trade that enjoys an unfair advantage due to prices that are not based on the quality of a product or the true costs of making that product. There have been several examples of unfair trade based on external factors, including subsidization by other countries of certain industries. When goods are subsidized by governments and these goods are, in effect, dumped in this country and sold at less than their true costs, American industries and interests can be seriously jeopardized; and

Whereas, There are several areas of the United States farm economy facing threats from foreign growers and producers that are possibly the result of foreign goods being dumped on American markets. Imported farm products that are suspected of enjoying an unfair advantage include many key crops for Michigan farm families, including vegetables, fruit products, and some grains. Other states across our country face similar threats from foreign goods being traded with an unfair advantage; and

Whereas, American agriculture is far too essential to our nation's future to ignore warnings and concerns of the impact of unfair foreign trade and goods dumped on our markets; now, therefore, be it

Resolved by the Senate (the House of Representatives concurring), That we memorialize the Congress of the United States to investigate the issue and extent of foreign agricultural products being dumped on American markets; and be it further

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

The Senate has adopted the concurrent resolution.

Reps. Spade, Birkholz, Pappageorge, Koetje, Middaugh, Mead, Bradstreet, Ehardt, Van Woerkom, Mortimer, Faunce, Hardman, Kelly, Prusi, Kowall, Voorhees, Vaughn, Sheltrown, Gieleghem, Julian, Kukuk, Jellema, Garcia, Schauer, Jansen, Minore, Jamnick, Green, Allen, Vear, Raczkowski, Richardville, Lemmons, Tabor, Cassis and Perricone were named co-sponsors of the concurrent resolution.

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

Senate Concurrent Resolution No. 25.

A concurrent resolution to urge the National Collegiate Athletic Association to respect the education standards of the state of Michigan with regard to Jason Richardson, a student at Michigan State University.

Whereas, The National Collegiate Athletic Association (NCAA) has ruled Jason Richardson, a student at Michigan State University, ineligible to participate in interscholastic sports because of an alleged deficiency in the classes he took in high school. The NCAA Clearinghouse, which rendered the decision, has declared that Mr. Richardson, a graduate of Saginaw Arthur High School, did not meet the NCAA requirement for taking the appropriate core courses; and

Whereas, The class in question was from Mr. Richardson's freshman year. He took this class at the advice of school counselors. His subsequent transfer from a parochial school to the Saginaw Public School District apparently

contributed to the misidentification of the course. The NCAA Clearinghouse had all of the appropriate information on Mr. Richardson's high school academic career more than a year before its announcement of his ineligibility. During this time, he could easily have remedied the alleged deficiency, but the NCAA did not act in a timely manner; and

Whereas, The questions of Jason Richardson's academic career do not include his grades or test scores, which more than meet the requirements for MSU and the NCAA. Instead, the criteria being used is the NCAA's interpretation of the core class requirements in Saginaw and Michigan. The appropriate authorities, those best positioned to verify Mr. Richardson's level of achievement in the classroom, have affirmed his completion of all scholastic requirements; and

Whereas, Section 1278 of the Michigan Revised School Code, being MCL § 380.1278, provides that each district is responsible for assuring compliance with state standards of academic skills and course work; now, therefore, be it

Resolved by the Senate (the House of Representatives concurring), That we urge the National Collegiate Athletic Association to respect the education standards of the state of Michigan with regard to Jason Richardson, a student at Michigan State University, and declare him eligible to participate in interscholastic athletics; and be it further

Resolved, That copies of this resolution be transmitted to the NCAA Clearinghouse, NCAA Member Services, and the President of the NCAA.

The Senate has adopted the concurrent resolution.

Reps. Birkholz, Pappageorge, Ehardt, Faunce, Hardman, Kowall, Sheltrown, Julian, Jellema, Jansen, Raczkowski, Lemmons and Perricone were named co-sponsors of the concurrent resolution.

Pending the reference of the concurrent resolution to a committee,

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

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

The question being on the adoption of the concurrent resolution,

The concurrent resolution was adopted.

Notices

October 28, 1999

Mr. Gary Randall

Clerk of the House

3rd Floor House Office Building

Lansing, Michigan 48909

Dear Mr. Randall:

House Resolution 119, adopted on June 10, 1999, creates a Select Committee on Strategies to Reduce Teen Pregnancies. The resolution states that the membership of the select committee is to be appointed by the Speaker of the House in the same manner as standing committees of the House are appointed. I hereby appoint the following House members to serve in this capacity: Rep. James Howell - Chair, Rep. Stephen Ehardt - Vice Chair, Rep. Janet Kukuk, Rep. Wayne Kuipers, Rep. Joanne Voorhees, Rep. Gilda Jacobs, Rep. Lynne Martinez, Rep. Vera Rison, and Rep. A.T. Frank.

Thank you for your attention to this matter.

Sincerely,

Charles R. Perricone

Speaker of the House

Introduction of Bills

Reps. Shackleton, Lemmons, Tabor, Mortimer, Kowall, Bovin and Gilbert introduced

House Bill No. 5067, entitled

A bill to amend 1974 PA 258, entitled "Mental health code," by amending section 214 (MCL 330.1214).

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

Reps. Hager, DeHart, Jellema, Kowall, Ehardt, Shackleton, Tabor, Voorhees, Vander Roest, Garcia, Van Woerkom, Bovin and Birkholz introduced

House Bill No. 5068, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 20113 (MCL 324.20113), as amended by 1996 PA 383.

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

Rep. Jamnick moved that the House adjourn.

The motion prevailed, the time being 4:45 p.m.

The Speaker Pro Tempore declared the House adjourned until Tuesday, November 2, at 2:00 p.m.

GARY L. RANDALL

Clerk of the House of Representatives.

Allen	Garza	Kukuk	Rivet
Baird	Geiger	LaForge	Rocca
Basham	Gieleghem	LaSata	Sanborn
Birkholz	Gilbert	Law	Schauer
Bisbee	Godchaux	Lockwood	Schermesser
Bogardus	Gosselin	Mans	Scott
Bovin	Hager	Martinez	Shackleton
Bradstreet	Hale	Mead	Sheltrown
Brater	Hanley	Middaugh	Shulman
Brewer	Hansen	Minore	Spade
Brown, B.	Hardman	Mortimer	Stallworth
Brown, C.	Hart	Neumann	Stamas
Byl	Howell	O'Neil	Switalski
Callahan	Jacobs	Pappageorge	Tabor
Cassis	Jamnick	Patterson	Tesanovich
Caul	Jansen	Pestka	Thomas
Cherry	Jelinek	Price	Toy
Clark, I.	Jellema	Prusi	Van Woerkom
Daniels	Johnson, Rick	Pumford	Vander Roest
DeHart	Johnson, Ruth	Quarles	Vaughn
DeRossett	Julian	Raczkowski	Vear
DeWeese	Kelly	Reeves	Voorhees
Ehardt	Koetje	Richardville	Wojno
Faunce	Kowall	Richner	Woodward
Frank	Kuipers	Rison	Woronchak

Baird	Faunce	Lemmons	Schauer
Basham	Frank	Lockwood	Schermesser
Birkholz	Garcia	Mans	Scott
Bisbee	Garza	Martinez	Shackleton
Bogardus	Gieleghem	Middaugh	Sheltrown
Bovin	Green	Minore	Spade
Brater	Hager	Neumann	Stallworth
Brewer	Hale	O'Neil	Switalski
Brown, B.	Hanley	Pestka	Tesanovich
Byl	Hansen	Price	Thomas
Callahan	Hardman	Prusi	Van Woerkom
Cassis	Howell	Quarles	Vander Roest
Cherry	Jacobs	Reeves	Vaughn
Clark, I.	Jamnick	Richardville	Wojno
Clarke, H.	Julian	Rison	Woodward
Daniels	Kelly	Rivet	Woronchak
DeHart	Kowall	Rocca