hj12079t.084

No. 84

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

90th Legislature

REGULAR SESSION OF 1999

House Chamber, Lansing, Tuesday, December 7, 1999.

10:00 a.m.

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

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

Allen--present

Baird--present

Basham--present

Birkholz--present

Bisbee--present

Bishop--present

Bogardus--present

Bovin--present

Bradstreet--present

Brater--present

Brewer--present

Brown, Bob--present

Brown, Cameron--present

Byl--present

Callahan--present

Cassis--present

Caul--present

Cherry--present

Clark--present

Clarke--present

Daniels--present

DeHart--present

Dennis--present

DeRossett--present

DeVuyst--present

DeWeese--present

Ehardt--present

Faunce--present

Frank--present

Garcia--present

Garza--present

Geiger--present

Gieleghem--present

Gilbert--present

Godchaux--present

Gosselin--present

Green--present

Hager--present

Hale--present

Hanley--present

Hansen--present

Hardman--present

Hart--present

Howell--present

Jacobs--present

Jamnick--present

Jansen--present

Jelinek--present

Jellema--present

Johnson, Rick--present

Johnson, Ruth--present

Julian--present

Kelly--present

Kilpatrick--present

Koetje--present

Kowall--present

Kuipers--present

Kukuk--present

LaForge--present

LaSata--present

Law--present

Lemmons--present

Lockwood--present

Mans--present

Martinez--present

Mead--present

Middaugh--present

Minore--present

Mortimer--present

Neumann--present

O'Neil--present

Pappageorge--present

Patterson--present

Perricone--present

Pestka--present

Price--present

Prusi--present

Pumford--present

Quarles--present

Raczkowski--present

Reeves--present

Richardville--present

Richner--present

Rison--present

Rivet--present

Rocca--present

Sanborn--present

Schauer--present

Schermesser--present

Scott--present

Scranton--present

Shackleton--present

Sheltrown--present

Shulman--present

Spade--present

Stallworth--present

Stamas--present

Switalski--present

Tabor--present

Tesanovich--present

Thomas--present

Toy--present

Vander Roest--present

Van Woerkom--present

Vaughn--e/d/s

Vear--present

Voorhees--present

Wojno--present

Woodward--present

Woronchak--present

e/d/s = entered during session

Rep. Scott Shackleton, from the 107th District, offered the following invocation:

"Lord, during this joyous time of year we ask for Your blessing. Please fill our hearts and that of the citizens of Michigan with the spirit of Christmas. Thank You for the gift that we celebrate this time of year--the birth of Jesus Christ. As the members of this House deliberate and do the work of the people of Michigan, please give us the wisdom and the courage to do that which is right. Let us also recognize the significance of December 7 in the United States, and the world history, and please bless our veterans. Amen."

______

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

Reports of Select Committees

The Speaker laid before the House the conference report relative to

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 conference report was reported by the conference committee on December 1, consideration of which, under the rules, was postponed until December 2.)

(For conference report, see House Journal No. 82, p. 2368.)

The question being on the adoption of the conference report,

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

Roll Call No. 1098 Yeas--83

Allen Garcia LaSata Rivet

Baird Geiger Law Rocca

Birkholz Gieleghem Lockwood Sanborn

Bisbee Gilbert Mans Scranton

Bogardus Godchaux Martinez Shackleton

Bradstreet Gosselin Mead Sheltrown

Brater Green Middaugh Shulman

Brown, B. Hager Minore Spade

Brown, C. Hansen Mortimer Stamas

Callahan Hart Neumann Switalski

Cassis Howell Pappageorge Tabor

Caul Jansen Patterson Tesanovich

Cherry Jelinek Perricone Toy

Clarke, H. Jellema Pestka Van Woerkom

Dennis Johnson, Rick Price Vander Roest

DeRossett Johnson, Ruth Prusi Vear

DeVuyst Julian Pumford Voorhees

DeWeese Koetje Raczkowski Wojno

Ehardt Kowall Richardville Woodward

Faunce Kuipers Richner Woronchak

Frank Kukuk Rison

Nays--24

Basham DeHart Jamnick Reeves

Bovin Garza Kelly Schauer

Brewer Hale Kilpatrick Schermesser

Byl Hanley LaForge Scott

Clark, I. Hardman Lemmons Stallworth

Daniels Jacobs Quarles Thomas

In The Chair: Scranton

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

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

The Speaker laid before the House the conference report relative to

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 conference report was reported by the conference committee on December 1, consideration of which, under the rules, was postponed until December 2.)

(For conference report, see House Journal No. 82, p. 2369.)

The question being on the adoption of the conference report,

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

Roll Call No. 1099 Yeas--86

Allen Frank Kukuk Rison

Baird Garcia LaSata Rivet

Birkholz Geiger Law Rocca

Bisbee Gieleghem Lockwood Sanborn

Bishop Gilbert Mans Scranton

Bogardus Godchaux Martinez Shackleton

Bradstreet Gosselin Mead Sheltrown

Brater Green Middaugh Shulman

Brown, B. Hager Mortimer Spade

Brown, C. Hansen Neumann Stamas

Byl Hart O'Neil Switalski

Callahan Howell Pappageorge Tabor

Cassis Jamnick Patterson Tesanovich

Caul Jansen Perricone Toy

Cherry Jelinek Pestka Van Woerkom

Clarke, H. Jellema Price Vander Roest

Dennis Johnson, Rick Prusi Vear

DeRossett Johnson, Ruth Pumford Voorhees

DeVuyst Julian Raczkowski Wojno

DeWeese Koetje Richardville Woodward

Ehardt Kowall Richner Woronchak

Faunce Kuipers

Nays--23

Basham Garza Kilpatrick Schauer

Bovin Hale LaForge Schermesser

Brewer Hanley Lemmons Scott

Clark, I. Hardman Minore Stallworth

Daniels Jacobs Quarles Thomas

DeHart Kelly Reeves

In The Chair: Scranton

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

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

The Speaker laid before the House the conference report relative to

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 conference report was reported by the conference committee on December 1, consideration of which, under the rules, was postponed until December 2.)

(For conference report, see House Journal No. 82, p. 2369.)

The question being on the adoption of the conference report,

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

Roll Call No. 1100 Yeas--86

Allen Frank Kukuk Rison

Baird Garcia LaSata Rivet

Birkholz Geiger Law Rocca

Bisbee Gieleghem Lockwood Sanborn

Bishop Gilbert Mans Scranton

Bogardus Godchaux Martinez Shackleton

Bradstreet Gosselin Mead Sheltrown

Brater Green Middaugh Shulman

Brewer Hager Mortimer Spade

Brown, B. Hansen Neumann Stamas

Brown, C. Hart O'Neil Switalski

Byl Howell Pappageorge Tabor

Callahan Jamnick Patterson Tesanovich

Cassis Jansen Perricone Toy

Caul Jelinek Pestka Van Woerkom

Cherry Jellema Price Vander Roest

Dennis Johnson, Rick Prusi Vear

DeRossett Johnson, Ruth Pumford Voorhees

DeVuyst Julian Raczkowski Wojno

DeWeese Koetje Richardville Woodward

Ehardt Kowall Richner Woronchak

Faunce Kuipers

Nays--21

Basham Hale Kilpatrick Schauer

Bovin Hanley LaForge Schermesser

Clark, I. Hardman Lemmons Scott

Daniels Jacobs Quarles Stallworth

DeHart Kelly Reeves Thomas

Garza

In The Chair: Scranton

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

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

______

Rep. Voorhees moved that Rep. Gosselin be excused temporarily from today's session.

The motion prevailed.

Messages from the Senate

The Speaker laid before the House

House Bill No. 4625, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," (MCL 760.1 to 777.69) by adding section 3a to chapter X.

(The bill was received from the Senate on November 30 with amendments and full title inserted by the Senate, consideration of which, under the rules, was postponed until December 1, see House Journal No. 81, p. 2331.)

The question being on concurring in the adoption of the amendments made to the bill by the Senate,

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

Roll Call No. 1101 Yeas--75

Allen Ehardt Kowall Schauer

Birkholz Faunce Kukuk Schermesser

Bisbee Frank Law Scranton

Bishop Garcia Mans Shackleton

Bogardus Geiger Mead Sheltrown

Bovin Gieleghem Middaugh Shulman

Bradstreet Gilbert Mortimer Spade

Brewer Godchaux Neumann Stamas

Brown, B. Green O'Neil Switalski

Brown, C. Hager Pappageorge Tabor

Byl Hart Patterson Toy

Callahan Howell Perricone Van Woerkom

Cassis Jansen Pestka Vander Roest

Caul Jelinek Pumford Vear

Cherry Jellema Raczkowski Voorhees

DeHart Johnson, Rick Richardville Wojno

DeRossett Johnson, Ruth Richner Woodward

DeVuyst Julian Rocca Woronchak

DeWeese Koetje Sanborn

Nays--30

Baird Hanley LaSata Reeves

Basham Hansen Lemmons Rison

Brater Hardman Martinez Rivet

Clark, I. Jacobs Minore Scott

Daniels Jamnick Price Stallworth

Dennis Kelly Prusi Tesanovich

Garza Kilpatrick Quarles Thomas

Hale LaForge

In The Chair: Scranton

The House agreed to the full title of the bill.

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

By unanimous consent the House returned to the order of

Motions and Resolutions

Rep. Raczkowski moved that a respectful message be sent to the Senate requesting the return of Senate Bill No. 404.

The motion prevailed.

______

Rep. Raczkowski moved that House Committees be given leave to meet during the balance of today's session.

The motion prevailed.

Rep. Vaughn entered the House Chambers.

Quorum Call

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

The motion prevailed.

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

The following is the roll call:

Roll Call No. 1102 Yeas--108

Allen Faunce Kowall Rison

Baird Frank Kuipers Rivet

Basham Garcia Kukuk Rocca

Birkholz Garza LaForge Sanborn

Bisbee Geiger LaSata Schauer

Bishop Gieleghem Law Schermesser

Bogardus Gilbert Lemmons Scott

Bovin Godchaux Lockwood Scranton

Bradstreet Gosselin Mans Shackleton

Brater Green Martinez Sheltrown

Brewer Hager Mead Shulman

Brown, B. Hale 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

Dennis Johnson, Ruth Pumford Vear

DeRossett Julian Quarles Voorhees

DeVuyst Kelly Raczkowski Wojno

DeWeese Kilpatrick Richardville Woodward

Ehardt Koetje Richner Woronchak

In The Chair: Scranton

Second Reading of Bills

Senate Bill No. 550, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 20126 (MCL 324.20126), as amended by 1996 PA 115.

The bill was read a second time.

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.

______

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

The motion prevailed.

By unanimous consent the House returned to the order of

Third Reading of Bills

Senate Bill No. 550, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 20126 (MCL 324.20126), as amended by 1996 PA 115.

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

Roll Call No. 1103 Yeas--99

Allen Ehardt Kowall Rocca

Baird Faunce Kuipers Sanborn

Basham Frank Kukuk Schauer

Birkholz Garcia LaForge Schermesser

Bisbee Garza LaSata Scott

Bishop Gieleghem Law Scranton

Bogardus Gilbert Lemmons Shackleton

Bovin Godchaux Lockwood Sheltrown

Bradstreet Gosselin Mans Shulman

Brater Hager Martinez Spade

Brewer Hale Mead Stallworth

Brown, B. Hansen Minore Stamas

Brown, C. Hardman Mortimer Switalski

Callahan Hart Neumann Tabor

Cassis Howell O'Neil Tesanovich

Caul Jacobs Patterson Toy

Cherry Jamnick Pestka Van Woerkom

Clark, I. Jansen Price Vander Roest

Clarke, H. Jelinek Prusi Vaughn

Daniels Jellema Pumford Vear

DeHart Johnson, Rick Quarles Voorhees

Dennis Johnson, Ruth Richardville Wojno

DeRossett Julian Richner Woodward

DeVuyst Kelly Rison Woronchak

DeWeese Koetje Rivet

Nays--0

In The Chair: Scranton

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

"An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, and assessments; to provide certain appropriations; to prescribe penalties and provide remedies; to repeal certain parts of this act on a specific date; and to repeal certain acts and parts of acts,".

The House agreed to the full title.

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

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

______

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

The motion prevailed.

By unanimous consent the House returned to the order of

Messages from the Senate

The Speaker laid before the House

House Bill No. 4010, entitled

A bill to amend 1964 PA 170, entitled "An act to make uniform the liability of municipal corporations, political subdivisions, and the state, its agencies and departments, officers, employees, and volunteers thereof, and members of certain boards, councils, and task forces when engaged in the exercise or discharge of a governmental function, for injuries to property and persons; to define and limit this liability; to define and limit the liability of the state when engaged in a proprietary function; to authorize the purchase of liability insurance to protect against loss arising out of this liability; to provide for defending certain claims made against public officers and paying damages sought or awarded against them; to provide for the legal defense of public officers and employees; to provide for reimbursement of public officers and employees for certain legal expenses; and to repeal certain acts and parts of acts," by amending sections 1 and 2 (MCL 691.1401 and 691.1402), section 1 as amended by 1986 PA 175 and section 2 as amended by 1996 PA 150, and by adding section 2a.

(The bill was received from the Senate on December 1 with amendments and immediate effect given by the Senate, consideration of which, under the rules, was postponed until December 2, see House Journal No. 82, p. 2366.)

The question being on concurring in the adoption of the amendments made to the bill by the Senate,

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

Roll Call No. 1104 Yeas--105

Allen Faunce Kuipers Rivet

Baird Frank Kukuk Rocca

Basham Garcia LaForge Sanborn

Birkholz Garza LaSata Schauer

Bisbee Gieleghem Law Schermesser

Bishop Gilbert Lemmons Scott

Bogardus Godchaux Lockwood Scranton

Bovin Gosselin Mans Shackleton

Bradstreet Green Martinez Sheltrown

Brater Hager Mead Shulman

Brewer Hale Middaugh Spade

Brown, B. Hansen Minore Stallworth

Brown, C. Hardman Mortimer Stamas

Byl Hart Neumann Switalski

Callahan Howell O'Neil Tabor

Cassis Jacobs Pappageorge Tesanovich

Caul Jamnick Patterson Thomas

Cherry Jansen Pestka Toy

Clark, I. Jelinek Price Van Woerkom

Clarke, H. Jellema Prusi Vander Roest

Daniels Johnson, Rick Pumford Vaughn

DeHart Johnson, Ruth Quarles Vear

Dennis Julian Raczkowski Voorhees

DeRossett Kelly Richardville Wojno

DeVuyst Koetje Richner Woodward

DeWeese Kowall Rison Woronchak

Ehardt

Nays--0

In The Chair: Scranton

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.

Second Reading of Bills

Senate Bill No. 867, entitled

A bill to create certain authorities; to authorize creation of certain funds; to authorize expenditures from the funds; to finance the purchase of land and the development of certain convention facilities and of public improvements or related facilities; and to prescribe the powers and duties of certain state and local officials.

Was read a second time, and the question being on the adoption of the proposed amendments previously recommended by the Committee on Local Government and Urban Policy (for amendments, see House Journal No. 83, p. 2426),

The amendments were 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. 867, 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. 1105 Yeas--105

Allen Frank Kuipers Rivet

Baird Garcia Kukuk Rocca

Basham Garza LaForge Sanborn

Birkholz Gieleghem LaSata Schauer

Bisbee Gilbert Law Schermesser

Bishop 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 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 Pestka Toy

Clarke, H. Jelinek Price Van Woerkom

Daniels Jellema Prusi Vander Roest

DeHart Johnson, Rick Pumford Vaughn

Dennis Johnson, Ruth Quarles Vear

DeRossett Julian Raczkowski Voorhees

DeVuyst Kelly Richardville Wojno

DeWeese Koetje Richner Woodward

Ehardt Kowall Rison Woronchak

Faunce

Nays--0

In The Chair: Scranton

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.

Second Reading of Bills

Senate Bill No. 877, entitled

A bill to amend 1969 PA 306, entitled "Administrative procedures act of 1969," by amending the title and sections 5, 7, 7a, 8, 24, 25, 33, 36, 40, 41a, 42, 44, 45, 46, 47, 48, 52, 53, 55, 56, 57, 58, and 59 (MCL 24.205, 24.207, 24.207a, 24.208, 24.224, 24.225, 24.233, 24.236, 24.240, 24.241a, 24.242, 24.244, 24.245, 24.246, 24.247, 24.248, 24.252, 24.253, 24.255, 24.256, 24.257, 24.258, and 24.259), the title as amended by 1993 PA 7, sections 5, 24, 52, and 56 as amended by 1982 PA 413, section 7 as amended by 1996 PA 489, sections 7a, 40, and 53 as added by 1984 PA 273, sections 8 and 57 as amended by 1988 PA 333, sections 42, 44, 45, and 46 as amended by 1993 PA 141, sections 48, 55, and 58 as amended by 1986 PA 292, and section 59 as amended by 1995 PA 178, and by adding sections 28, 34, 39, 39a, 45a, and 54.

Was read a second time, and the question being on the adoption of the proposed amendments previously recommended by the Committee on Family and Civil Law (for amendments, see House Journal No. 83, p. 2426),

Rep. Raczkowski moved that the amendment Nos. 4 and 6 be considered separately.

The motion prevailed.

The question being on the adoption of amendment Nos. 1-3, 5 and 7-8 previously recommended by the Committee,

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

The question being on the adoption of amendment Nos. 4 and 6 previously recommended by the Committee,

The amendments were not adopted, a majority of the members serving not voting therefor.

Rep. Baird moved to amend the bill as follows:

1. Amend page 2, line 12, after "Sec. 5." by inserting "(1) "LEGISLATIVE DAY" MEANS ANY DAY IN WHICH EITHER OR BOTH HOUSES OF THE LEGISLATURE ARE IN SESSION." and renumbering the remaining subsections.

2. Amend page 28, line 4, after "HAS" by striking out "21 CALENDAR" and inserting "30 LEGISLATIVE".

3. Amend page 29, line 15, after "(C)," by striking out "21 CONSECUTIVE CALENDAR" and inserting "30 LEGISLATIVE".

4. Amend page 29, line 22, after "HOUSE." by striking out the balance of the subdivision.

5. Amend page 30, line 1, after "THE" by striking out "21-DAY" and inserting "30-LEGISLATIVE DAY".

6. Amend page 30, line 2, after the second "THE" by striking out "21-DAY" and inserting "30-LEGISLATIVE DAY".

7. Amend page 30, line 17, after the first "THE" by striking out "21-DAY" and inserting "30-LEGISLATIVE DAY".

8. Amend page 30, line 27, after "THE" by striking out "21-DAY" and inserting "30-LEGISLATIVE DAY".

9. Amend page 31, line 5, after "THE" by striking out "63-DAY LIMIT" and inserting "TIME PERIOD".

10. Amend page 31, line 9, after "UNTOLLED" by striking out "21-DAY" and inserting "30-LEGISLATIVE DAY".

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

Rep. Baird demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 1106 Yeas--54

Baird Frank Lemmons Rocca

Basham Garza Lockwood Schauer

Bogardus Gieleghem Mans Schermesser

Bovin Hale Martinez Scott

Brater Hanley Minore Sheltrown

Brewer Hansen Neumann Spade

Brown, B. Hardman O'Neil Stallworth

Callahan Hart Pestka Switalski

Cherry Jacobs Price Tesanovich

Clark, I. Jamnick Prusi Thomas

Clarke, H. Johnson, Ruth Quarles Vaughn

Daniels Kelly Rison Wojno

DeHart Kilpatrick Rivet Woodward

Dennis LaForge

Nays--53

Allen Geiger Kowall Richner

Birkholz Gilbert Kuipers Sanborn

Bisbee Godchaux Kukuk Scranton

Bishop Gosselin LaSata Shackleton

Bradstreet Green Law Shulman

Brown, C. Hager Mead Stamas

Byl Howell Middaugh Tabor

Cassis Jansen Mortimer Toy

Caul Jelinek Pappageorge Van Woerkom

DeRossett Jellema Patterson Vander Roest

DeVuyst Johnson, Rick Pumford Vear

DeWeese Julian Raczkowski Voorhees

Faunce Koetje Richardville Woronchak

Garcia

In The Chair: Scranton

Rep. Baird moved to amend the bill as follows:

1. Amend page 30, line 21, after "EFFECT" by striking out "7" and inserting "15 LEGISLATIVE".

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

Rep. Baird demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 1107 Yeas--50

Baird Dennis Lemmons Schauer

Basham Frank Lockwood Schermesser

Bogardus Garza Mans Scott

Bovin Gieleghem Martinez Sheltrown

Brater Hale Minore Spade

Brewer Hanley Neumann Stallworth

Brown, B. Hansen Pestka Switalski

Callahan Hardman Price Tesanovich

Cherry Jacobs Prusi Thomas

Clark, I. Jamnick Quarles Vaughn

Clarke, H. Kelly Rison Wojno

Daniels Kilpatrick Rocca Woodward

DeHart LaForge

Nays--56

Allen Geiger Koetje Richner

Birkholz Gilbert Kowall Rivet

Bisbee Godchaux Kuipers Sanborn

Bishop Gosselin Kukuk Scranton

Bradstreet Green LaSata Shackleton

Brown, C. Hager Law Shulman

Cassis Hart Mead Stamas

Caul Howell Middaugh Tabor

DeRossett Jansen Mortimer Toy

DeVuyst Jelinek Pappageorge Van Woerkom

DeWeese Jellema Patterson Vander Roest

Ehardt Johnson, Rick Pumford Vear

Faunce Johnson, Ruth Raczkowski Voorhees

Garcia Julian Richardville Woronchak

In The Chair: Scranton

Rep. Frank moved to amend the bill as follows:

1. Amend page 17, line 8, after "register" by inserting "not less than 30 days and not more than 90 days".

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

Rep. Frank demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 1108 Yeas--54

Baird Frank Lemmons Schauer

Basham Garza Lockwood Schermesser

Bogardus Gieleghem Mans Scott

Bovin Green Martinez Sheltrown

Brater Hale Minore Spade

Brewer Hanley Neumann Stallworth

Brown, B. Hansen Pestka Switalski

Callahan Hardman Price Tesanovich

Cherry Jacobs Prusi Thomas

Clark, I. Jamnick Quarles Vaughn

Clarke, H. Kelly Rison Wojno

Daniels Kilpatrick Rivet Woodward

DeHart LaForge Rocca Woronchak

Dennis Law

Nays--49

Allen Faunce Kowall Richner

Birkholz Gilbert Kuipers Sanborn

Bisbee Godchaux Kukuk Scranton

Bishop Gosselin LaSata Shackleton

Bradstreet Hager Mead Shulman

Brown, C. Hart Middaugh Stamas

Byl Howell Mortimer Tabor

Cassis Jansen Pappageorge Toy

Caul Jelinek Patterson Van Woerkom

DeRossett Johnson, Rick Pumford Vander Roest

DeVuyst Johnson, Ruth Raczkowski Vear

DeWeese Julian Richardville Voorhees

Ehardt

In The Chair: Scranton

Rep. Middaugh moved to amend the bill as follows:

1. Amend page 14, line 14, by striking out "APPROVED BY" and inserting "SUBMITTED TO".

2. Amend page 14, line 14, after "REFORM." by inserting "ON A WEEKLY BASIS, THE OFFICE OF REGULATORY REFORM SHALL PROVIDE TO THE COMMITTEE A LISTING OF ALL REQUESTS FOR RULE-MAKING APPROVED OR DENIED DURING THE PREVIOUS WEEK.".

3. Amend page 14, line 15, after "APPROVED" by striking out "REQUEST" and inserting "AND DENIED REQUESTS".

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

Rep. Martinez moved to amend the bill as follows:

1. Amend page 29, line 3, after "BILLS" by inserting "OR CONCURRENT RESOLUTIONS".

2. Amend page 29, line 5, after the first "BILLS" by inserting "OR CONCURRENT RESOLUTIONS".

3. Amend page 29, line 5, after the second "BILLS" by inserting "OR CONCURRENT RESOLUTIONS".

4. Amend page 29, line 10, after "A" by striking out "BILL" and inserting "PROVISION".

5. Amend page 30, line 5, after "IF" by striking out "THE".

6. Amend page 30, line 15, after "IF" by striking out "THE".

7. Amend page 30, following line 22, by inserting:

"(7) THE OFFICE OF REGULATORY REFORM SHALL NOT FILE RULES IF THE LEGISLATURE ADOPTS A CONCURRENT RESOLUTION DISAPPROVING THE RULES." and renumbering the remaining subsections.

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

Rep. Martinez demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 1109 Yeas--52

Nays--55

Allen Garcia Koetje Richardville

Birkholz Gilbert Kowall Richner

Bisbee Godchaux Kuipers Sanborn

Bishop Gosselin Kukuk Scranton

Bradstreet Green LaSata Shackleton

Brown, C. Hager Law Shulman

Byl Hart Mead Stamas

Cassis Howell Middaugh Tabor

Caul Jansen Mortimer Toy

DeRossett Jelinek Pappageorge Van Woerkom

DeVuyst Jellema Patterson Vander Roest

DeWeese Johnson, Rick Perricone Vear

Ehardt Johnson, Ruth Pumford Voorhees

Faunce Julian Raczkowski

In The Chair: Scranton

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. 877, 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. 1110 Yeas--56

Allen Garcia Julian Richardville

Birkholz Geiger Koetje Richner

Bisbee Gilbert Kowall Sanborn

Bishop Godchaux Kuipers Scranton

Bradstreet Gosselin Kukuk Shackleton

Brown, C. Green LaSata Shulman

Byl Hager Law Stamas

Cassis Hart Mead Tabor

Caul Howell Middaugh Toy

DeRossett Jansen Mortimer Van Woerkom

DeVuyst Jelinek Pappageorge Vander Roest

DeWeese Jellema Patterson Vear

Ehardt Johnson, Rick Pumford Voorhees

Faunce Johnson, Ruth Raczkowski Woronchak

Nays--52

Baird Dennis Lemmons Rocca

Basham Frank Lockwood Schauer

Bogardus Garza Mans Schermesser

Bovin Gieleghem Martinez Scott

Brater Hale Minore Sheltrown

Brewer Hanley Neumann Spade

Brown, B. Hansen O'Neil Stallworth

Callahan Hardman Pestka Switalski

Cherry Jacobs Price Tesanovich

Clark, I. Jamnick Prusi Thomas

Clarke, H. Kelly Quarles Vaughn

Daniels Kilpatrick Rison Wojno

DeHart LaForge Rivet Woodward

In The Chair: Scranton

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

"An act to provide for the effect, processing, promulgation, publication, and inspection of state agency rules, determinations, and other matters; to provide for the printing, publishing, and distribution of the Michigan register; to provide for state agency administrative procedures and contested cases and appeals from contested cases in licensing and other matters; to provide for declaratory judgments as to rules; to repeal certain acts and parts of acts; and to repeal certain parts of this act on a specific date,".

The House agreed to the full title.

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

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

Second Reading of Bills

Senate Bill No. 878, entitled

A bill to amend 1970 PA 193, entitled "An act to provide for the compilation of the general laws of this state and the compilation and revision of state administrative rules; and to prescribe the functions of the legislative council relative thereto," by amending the title and sections 1, 2, 3, 4, 5, 6, 7, and 8 (MCL 8.41, 8.42, 8.43, 8.44, 8.45, 8.46, 8.47, and 8.48).

Was read a second time, and the question being on the adoption of the proposed amendment previously recommended by the Committee on Family and Civil Law (for amendment, see House Journal No. 83, p. 2427),

The amendment 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. 878, 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. 1111 Yeas--56

Allen Garcia Julian Richner

Birkholz Geiger Koetje Rivet

Bisbee Gilbert Kowall Sanborn

Bishop Godchaux Kuipers Scranton

Bradstreet Gosselin Kukuk Shackleton

Brown, C. Green LaSata Shulman

Byl Hager Law Stamas

Cassis Hart Mead Tabor

Caul Howell Middaugh Toy

DeRossett Jansen Pappageorge Van Woerkom

DeVuyst Jelinek Patterson Vander Roest

DeWeese Jellema Pumford Vear

Ehardt Johnson, Rick Raczkowski Voorhees

Faunce Johnson, Ruth Richardville Woronchak

Nays--49

Baird Frank Lockwood Schauer

Basham Garza Mans Schermesser

Bogardus Gieleghem Martinez Scott

Bovin Hale Minore Sheltrown

Brater Hanley Neumann Spade

Brewer Hansen O'Neil Stallworth

Brown, B. Hardman Pestka Switalski

Callahan Jacobs Price Tesanovich

Clark, I. Jamnick Prusi Thomas

Clarke, H. Kilpatrick Quarles Vaughn

Daniels LaForge Rison Wojno

DeHart Lemmons Rocca Woodward

Dennis

In The Chair: Scranton

Second Reading of Bills

Senate Bill No. 879, entitled

A bill to amend 1986 PA 268, entitled "Legislative council act," by amending sections 201, 202, and 203 (MCL 4.1201, 4.1202, and 4.1203), section 203 as amended by 1999 PA 101.

The amendment 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. 879, entitled

A bill to amend 1986 PA 268, entitled "Legislative council act," by amending sections 201, 202, and 203 (MCL 4.1201, 4.1202, and 4.1203), section 203 as amended by 1999 PA 101.

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

Roll Call No. 1112 Yeas--57

Allen Gilbert Kowall Richner

Birkholz Godchaux Kuipers Sanborn

Bisbee Gosselin Kukuk Scranton

Bishop Green LaSata Shackleton

Bradstreet Hager Law Shulman

Brown, C. Hart Mead Stallworth

Byl Howell Middaugh Stamas

Cassis Jansen Mortimer Tabor

Caul Jelinek Pappageorge Toy

DeRossett Jellema Patterson Van Woerkom

DeVuyst Johnson, Rick Perricone Vander Roest

DeWeese Johnson, Ruth Pumford Vear

Ehardt Julian Raczkowski Voorhees

Faunce Koetje Richardville Woronchak

Garcia

Nays--50

Baird Dennis Lemmons Rivet

Basham Frank Lockwood Rocca

Bogardus Garza Mans Schauer

Bovin Gieleghem Martinez Schermesser

Brater Hale Minore Scott

Brewer Hanley Neumann Sheltrown

Brown, B. Hansen O'Neil Spade

Callahan Hardman Pestka Switalski

Cherry Jacobs Price Tesanovich

Clark, I. Jamnick Prusi Vaughn

Clarke, H. Kelly Quarles Wojno

Daniels Kilpatrick Rison Woodward

DeHart LaForge

In The Chair: Scranton

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

"An act to create the legislative council; to prescribe its membership, powers, and duties; to create a legislative service bureau to provide staff services to the legislature and the council; to provide for operation of legislative parking facilities; to create funds; to provide for the expenditure of appropriated funds by legislative council agencies; to authorize the sale of access to certain computerized data bases; to establish fees; to create the Michigan commission on uniform state laws; to create a law revision commission; to create a senate fiscal agency and a house fiscal agency; to create a Michigan capitol committee; to create a commission on intergovernmental relations; to prescribe the powers and duties of certain state agencies and departments; to repeal certain acts and parts of acts; and to repeal certain parts of this act on specific dates,".

The House agreed to the full title.

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

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

Second Reading of Bills

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.

(The bill was read a second time, committee substitute (H-2) adopted and bill postponed temporarily on November 30, see House Journal No. 81, p. 2327.)

Rep. Baird moved to substitute (H-4) the bill.

The question being on the adoption of the substitute (H-4) offered by Rep. Baird,

Rep. Baird demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the substitute (H-4) offered by Rep. Baird,

The substitute (H-4) was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:

Roll Call No. 1113 Yeas--46

Baird Dennis Lemmons Schauer

Basham Garza Lockwood Schermesser

Bogardus Gieleghem Mans Scott

Bovin Hale Martinez Sheltrown

Brater Hanley Minore Stallworth

Brewer Hansen O'Neil Switalski

Callahan Hardman Price Tesanovich

Cherry Jacobs Prusi Thomas

Clark, I. Jamnick Quarles Vaughn

Clarke, H. Kelly Rison Wojno

Daniels Kilpatrick Rivet Woodward

DeHart LaForge

Nays--61

Allen Geiger Kowall Richner

Birkholz Gilbert Kuipers Rocca

Bisbee Godchaux Kukuk Sanborn

Bishop Gosselin LaSata Scranton

Bradstreet Green Mead Shackleton

Brown, B. Hager Middaugh Shulman

Brown, C. Hart Mortimer Spade

Byl Howell Neumann Stamas

Cassis Jansen Pappageorge Tabor

Caul Jelinek Patterson Toy

DeRossett Jellema Perricone Van Woerkom

DeVuyst Johnson, Rick Pestka Vander Roest

DeWeese Johnson, Ruth Pumford Vear

Ehardt Julian Raczkowski Voorhees

Faunce Koetje Richardville Woronchak

Garcia

In The Chair: Scranton

______

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

"Mr. Speaker and members of the House:

I believe that marital harmony should be preserved and current law goes to great length to preserve marital privilege and harmony. This bill would allow a spouse to testify only if they are willing and desire to testify. Obviously, in this instance, marital harmony is not a concern. I voted against this substitute because I believe we should allow the testifying spouse the freedom to testify when they desire to do so."

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

"Mr. Speaker and members of the House:

It is important to make the decision to waive the privilege against offering testimony the decision of the spouse called upon to testify. In my judgment, Amendment #2 did not place the decision with the spouse to whom it belonged and therefore I could not support this substitute."

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

"Mr. Speaker and members of the House:

My no vote on the Baird amendment number 2 to HB 4684 is simply based on the premise that if the spouse is willing and desires to testify, then 'marital harmony' is obviously not a concern of this spouse. The issue is one of freedom to choose to exercise a right to testify. The language of HB 4684 does not mandate a spouse to do so, it simply provides for that option if it is desired. Allowing one spouse to involuntarily 'gag' the other spouse forcing them into a conspiracy of silence regarding criminal activity in no way can be construed to preserve 'marital harmony.' To say so is a travesty."

Rep. Faunce 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. 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.

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

Roll Call No. 1114 Yeas--85

Allen Frank Kuipers Rocca

Basham Garcia LaForge Sanborn

Birkholz Geiger LaSata Schauer

Bisbee Gieleghem Law Schermesser

Bishop Gilbert Lockwood Scranton

Bogardus Godchaux Mans Shackleton

Bovin Green Mead Shulman

Bradstreet Hager Middaugh Spade

Brown, B. Hansen Mortimer Stamas

Brown, C. Hart Neumann Switalski

Byl Howell O'Neil Tabor

Cassis Jamnick Pappageorge Tesanovich

Caul Jansen Patterson Thomas

Cherry Jelinek Perricone Toy

Clarke, H. Jellema Pestka Van Woerkom

DeHart Johnson, Rick Prusi Vander Roest

Dennis Johnson, Ruth Pumford Vear

DeRossett Julian Raczkowski Voorhees

DeVuyst Kelly Richardville Wojno

DeWeese Koetje Richner Woodward

Ehardt Kowall Rivet Woronchak

Faunce

Nays--22

Baird Garza Kukuk Rison

Brater Hale Lemmons Scott

Brewer Hanley Martinez Sheltrown

Callahan Hardman Price Stallworth

Clark, I. Jacobs Quarles Vaughn

Daniels Kilpatrick

In The Chair: Scranton

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 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 2162 (MCL 600.2162), as amended by 1994 PA 67.

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.

Second Reading of Bills

House Bill No. 4803, entitled

A bill to amend 1956 PA 40, entitled "The drain code of 1956," by amending sections 1, 2, 3, 6, 8, 10, 12, 21, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 51, 52, 53, 54, 101, 102, 103, 104, 105, 106, 151, 152, 153, 154, 155, 156, 157, 158, 161, 191, 192, 199, 200, 221, 222, 223, 241, 242, 243, 244, 245, 247, 261, 262, 263, 265, 266, 267, 269, 270, 273, 274, 275, 276, 277, 278, 279, 280, 282, 283, 301, 302, 303, 304, 306, 307, 322, 322b, 323, 324, 326, 327, 328, 391, 392, 393, 395, 421, 422, 423, 425, 429, 430, 431, 433, 463, 464, 465, 466, 467, 468, 469, 472, 473, 474, 476, 478, 483, 490, 491, 499, 513, 515, 517, 518, 519, 520, 521, 524, 525, 532, 540, 541, 601, 602, 626, and 627 (MCL 280.1, 280.2, 280.3, 280.6, 280.8, 280.10, 280.12, 280.21, 280.23, 280.24, 280.25, 280.26, 280.27, 280.28, 280.29, 280.30, 280.31, 280.32, 280.33, 280.51, 280.52, 280.53, 280.54, 280.101, 280.102, 280.103, 280.104, 280.105, 280.106, 280.151, 280.152, 280.153, 280.154, 280.155, 280.156, 280.157, 280.158, 280.161, 280.191, 280.192, 280.199, 280.200, 280.221, 280.222, 280.223, 280.241, 280.242, 280.243, 280.244, 280.245, 280.247, 280.261, 280.262, 280.263, 280.265, 280.266, 280.267, 280.269, 280.270, 280.273, 280.274, 280.275, 280.276, 280.277, 280.278, 280.279, 280.280, 280.282, 280.283, 280.301, 280.302, 280.303, 280.304, 280.306, 280.307, 280.322, 280.322b, 280.323, 280.324, 280.326, 280.327, 280.328, 280.391, 280.392, 280.393, 280.395, 280.421, 280.422, 280.423, 280.425, 280.429, 280.430, 280.431, 280.433, 280.463, 280.464, 280.465, 280.466, 280.467, 280.468, 280.469, 280.472, 280.473, 280.474, 280.476, 280.478, 280.483, 280.490, 280.491, 280.499, 280.513, 280.515, 280.517, 280.518, 280.519, 280.520, 280.521, 280.524, 280.525, 280.532, 280.540, 280.541, 280.601, 280.602, 280.626, and 280.627), sections 21 and 464 as amended by 1989 PA 134, section 33 as amended by 1982 PA 356, section 223 as amended by 1989 PA 61, section 280 as amended by 1983 PA 176, section 282 as amended by 1984 PA 80, sections 283 and 499 as amended by 1989 PA 149, section 423 as amended by 1996 PA 552, and section 433 as amended by 1982 PA 449, and by adding sections 7, 7a, 7b, 7c, 13, 14, 34, 35, 55, 56, 57, 58, 59, 107, 108, 109, 110, 111, 112, 113, 201, 275a, 277a, 329, 330, 467a, 467b, 474a, 500, 519a, 585, 586, 587, 588, 589, 590, 591, 592, 593, 594, 595, 596, 597, 598, 599, 600, 603, 604, 605, 606, 607, 615, 616, and 617; and to repeal acts and parts of acts.

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

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

Rep. Koetje moved to amend the bill as follows:

1. Amend page 45, line 9, after the second "A" by inserting "LANDOWNER AND".

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

Rep. Jelinek moved to amend the bill as follows:

1. Amend page 41, line 11, after "(A)" by inserting "SUBJECT TO SUBDIVISION (D),".

2. Amend page 41, line 19, after "HOWEVER," by inserting "SUBJECT TO SUBDIVISION (D),".

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

"(D) BY THE PETITIONERS, IF A MAJORITY OF THE PETITIONERS FILE A PETITION UNDER SECTION 52(3) REQUESTING THAT THE ORIGINAL PETITION FOR THE ESTABLISHMENT OF A DRAINAGE DISTRICT AND THE ESTABLISHMENT AND CONSTRUCTION OF A DRAIN BE REJECTED.".

4. Amend page 44, following line 15, by inserting:

"(3) IF, AFTER THE PRELIMINARY ENGINEERING ANALYSIS IS FILED UNDER SUBSECTION (2), BUT BEFORE THE FIRST ORDER OF DETERMINATION IS FILED UNDER SECTION 59, A MAJORITY OF THE PETITIONERS UNDER SECTION 51 FILE A PETITION WITH THE DRAIN COMMISSIONER REQUESTING THAT THE PETITION TO ESTABLISH THE DRAINAGE DISTRICT AND TO ESTABLISH AND CONSTRUCT THE DRAIN BE REJECTED, ALL OF THE FOLLOWING APPLY:

(A) THE DRAIN COMMISSIONER SHALL FILE AN ORDER REJECTING THE PETITION TO ESTABLISH THE DRAINAGE DISTRICT AND TO ESTABLISH AND CONSTRUCT THE DRAIN.

(B) COSTS SHALL BE PAID AS PROVIDED IN SECTION 51(7).

(C) A NEW PETITION FOR THE DRAIN SHALL NOT BE FILED WITHIN 1 YEAR AFTER THE FILING OF THE PETITION UNDER THIS SUBSECTION." and renumbering the remaining subsections.

5. Amend page 65, following line 25, by inserting:

"(7) IF, AFTER THE PRELIMINARY ENGINEERING ANALYSIS IS FILED UNDER SUBSECTION (6), BUT BEFORE THE FIRST ORDER OF DETERMINATION IS FILED UNDER SECTION 109, A MAJORITY OF THE PETITIONERS UNDER SECTION 101 FILE A PETITION WITH THE DRAINING BOARD REQUESTING THAT THE PETITION TO ESTABLISH THE DRAINAGE DISTRICT AND TO ESTABLISH AND CONSTRUCT THE DRAIN BE REJECTED, ALL OF THE FOLLOWING APPLY:

(A) THE DRAINAGE BOARD SHALL FILE AN ORDER DISMISSING THE PETITION TO ESTABLISH THE DRAINAGE DISTRICT AND TO ESTABLISH AND CONSTRUCT THE DRAIN.

(B) A NEW PETITION FOR THE DRAIN SHALL NOT BE FILED WITHIN 1 YEAR AFTER THE FILING OF THE PETITION UNDER THIS SUBSECTION." and renumbering the remaining subsections.

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

Rep. Jelinek demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 1115 Yeas--23

Birkholz Jelinek Mead Rocca

Bishop Jellema Middaugh Shackleton

Brown, C. Johnson, Ruth Mortimer Tabor

Byl Julian Pumford Vander Roest

DeWeese Kowall Raczkowski Vaughn

Gilbert LaSata Richardville

Nays--84

Allen Faunce Kilpatrick Rivet

Baird Frank Koetje Sanborn

Basham Garcia Kuipers Schauer

Bisbee Garza Kukuk Schermesser

Bogardus Geiger LaForge Scott

Bovin Gieleghem Law Scranton

Bradstreet Godchaux Lemmons Sheltrown

Brater Gosselin Lockwood Shulman

Brewer Green Mans Spade

Brown, B. Hager Martinez Stallworth

Callahan Hale Minore Stamas

Cassis Hanley Neumann Switalski

Caul Hansen O'Neil Tesanovich

Cherry Hardman Pappageorge Thomas

Clark, I. Hart Patterson Toy

Clarke, H. Howell Perricone Van Woerkom

Daniels Jacobs Price Vear

DeHart Jamnick Prusi Voorhees

Dennis Jansen Quarles Wojno

DeRossett Johnson, Rick Richner Woodward

Ehardt Kelly Rison Woronchak

In The Chair: Scranton

Rep. Brater moved to amend the bill as follows:

1. Amend page 16, line 24, after the second "OF" by striking out the balance of the line through "CHAPTER 20" on line 25 and inserting "A DRAINAGE BOARD UNDER SECTION 467, 467B, OR 519A OR OF AN AUGMENTED DRAINAGE BOARD UNDER SECTION 519".

2. Amend page 17, line 18, after the second "DISTRICT" by inserting "AND WHO ARE ENTITLED TO NOTICE UNDER THIS SECTION".

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

Rep. Garcia moved to amend the bill as follows:

1. Amend page 115, following line 19, by inserting:

"(5) AT THE DISCRETION OF THE DRAIN COMMISSIONER OR DRAINAGE BOARD, PERIODIC HYDROLOGIC AND HYDRAULIC EVALUATIONS OF THE ADEQUACY OF A DRAIN TO ACCOMMODATE STORM WATER FLOWS MAY BE CONDUCTED." and renumbering the remaining subsections.

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

Rep. Bogardus moved to amend the bill as follows:

1. Amend page 53, line 10, after "(3)" by striking out the balance of the subsection and inserting "THE BOARD OF DETERMINATION SHALL SELECT A PROPOSED PROJECT IF THE COSTS DO NOT EXCEED THE BENEFITS. THE DRAIN COMMISSIONER, IN CONSULTATION WITH HIS OR HER ENGINEERS OR OTHER QUALIFIED PROFESSIONALS, SHALL DETERMINE THE FINAL PLANS OF THE PROPOSED PROJECT.".

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

Rep. Bogardus demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 1116 Yeas--38

Basham Garcia Kelly Rison

Bogardus Garza Kilpatrick Scott

Brater Gieleghem LaForge Stallworth

Brewer Hale Lemmons Switalski

Brown, B. Hanley Martinez Tesanovich

Callahan Hansen Minore Thomas

Clark, I. Hardman Price Vaughn

Clarke, H. Jacobs Prusi Wojno

Daniels Jamnick Quarles Woodward

Dennis Jellema

Nays--68

Allen Frank LaSata Rivet

Baird Gilbert Law Rocca

Birkholz Godchaux Lockwood Sanborn

Bisbee Gosselin Mans Schermesser

Bishop Green Mead Scranton

Bovin Hager Middaugh Shackleton

Bradstreet Hart Mortimer Sheltrown

Brown, C. Howell Neumann Shulman

Byl Jansen O'Neil Spade

Cassis Jelinek Pappageorge Stamas

Caul Johnson, Rick Patterson Tabor

Cherry Johnson, Ruth Perricone Toy

DeRossett Julian Pestka Van Woerkom

DeVuyst Koetje Pumford Vander Roest

DeWeese Kowall Raczkowski Vear

Ehardt Kuipers Richardville Voorhees

Faunce Kukuk Richner Woronchak

In The Chair: Scranton

Rep. Bogardus moved to amend the bill as follows:

1. Amend page 54, line 18, after "DETERMINATION" by striking out the balance of the section and inserting a period and "THE ACTION SHALL BE FILED WITHIN 21 DAYS AFTER THE FILING OF THE ORDER. THE CIRCUIT COURT SHALL DETERMINE WHETHER THE ORDER WAS AUTHORIZED BY LAW AND SUPPORTED BY SUBSTANTIAL, MATERIAL, AND COMPETENT EVIDENCE ON THE WHOLE RECORD. THE REVIEW SHALL BE MADE ON THE RECORD PRESENTED TO THE BOARD OF DETERMINATION. THE REVIEW, HOWEVER, SHALL NOT BE LIMITED TO THE PROCEDURAL ASPECTS OF THE RECORD PRESENTED TO THE BOARD OF DETERMINATION.".

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

Rep. Bogardus demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 1117 Yeas--39

Bogardus Frank Kelly Schauer

Bovin Garza LaForge Scott

Brater Gieleghem Lemmons Stallworth

Brown, B. Hale Minore Switalski

Byl Hanley Neumann Tesanovich

Callahan Hansen Pestka Thomas

Cherry Hardman Price Vaughn

Clark, I. Jacobs Prusi Wojno

Daniels Jamnick Quarles Woodward

Dennis Jellema Rison

Nays--64

Allen Garcia Kukuk Rivet

Basham Gilbert LaSata Rocca

Birkholz Godchaux Law Sanborn

Bisbee Gosselin Lockwood Scranton

Bishop Green Mans Shackleton

Bradstreet Hager Martinez Sheltrown

Brewer Hart Mead Shulman

Brown, C. Howell Middaugh Spade

Cassis Jansen Mortimer Stamas

Caul Jelinek O'Neil Tabor

Clarke, H. Johnson, Rick Pappageorge Toy

DeRossett Johnson, Ruth Patterson Van Woerkom

DeVuyst Julian Pumford Vander Roest

DeWeese Koetje Raczkowski Vear

Ehardt Kowall Richardville Voorhees

Faunce Kuipers Richner Woronchak

In The Chair: Scranton

Rep. Bogardus moved to amend the bill as follows:

1. Amend page 18, line 21, after "TAKEN." by striking out the balance of the subsection and inserting "IF THE HEARING IS A HEARING OF NECESSITY OF THE BOARD OF DETERMINATION OR DRAINAGE BOARD, THE NOTICE SHALL ALSO SET FORTH ALL OF THE FOLLOWING:

(A) THE RELIEF REQUESTED BY THE PETITION.

(B) THE REASONS FOR RELIEF AS PRESENTED IN THE PETITION.

(C) THAT THERE IS AVAILABLE FOR INSPECTION AT THE DRAIN COMMISSIONER'S OFFICE A COPY OF THE PRELIMINARY ANALYSIS INCLUDING A DESCRIPTION OF THE DRAINAGE DISTRICT, A RECOMMENDED ROUTE AND COURSE FOR THE DRAIN, A RECOMMENDED TYPE OF CONSTRUCTION FOR THE DRAIN, AND AN ESTIMATE OF THE COST OF THE DRAIN. THIS SUBDIVISION DOES NOT APPLY TO A HEARING OF NECESSITY UNDER CHAPTER 20 OR 21.".

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

______

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

The motion prevailed.

Rep. Green moved to amend the bill as follows:

1. Amend page 58, line 16, by striking out all of subsection (5) and renumbering the remaining subsection.

2. Amend page 84, line 8, by striking out all of subsection (5) and renumbering the remaining subsection.

3. Amend page 109, line 6, by striking out all of subsection (5).

4. Amend page 113, line 20, by striking out all of subsection (5).

5. Amend page 217, line 19, after "(3)" by striking out "SUBJECT TO SUBSECTION (4),".

6. Amend page 217, line 26, by striking out all of subsection (4).

7. Amend page 255, line 11, by striking out all of chapter 22.

8. Amend page 283, line 3, after "549," by striking out "551 to 583,".

9. Amend page 283, line 11, after "280.549," by striking out "280.551 to 280.583,".

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

Rep. Brater demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 1118 Yeas--72

Allen Green Martinez Scott

Baird Hager Mead Scranton

Birkholz Hart Middaugh Shackleton

Bisbee Howell Mortimer Sheltrown

Bishop Jacobs Neumann Shulman

Bovin Jansen O'Neil Spade

Bradstreet Jelinek Pappageorge Stallworth

Brewer Johnson, Rick Patterson Stamas

Brown, C. Johnson, Ruth Pestka Tabor

Cassis Julian Price Tesanovich

DeRossett Koetje Pumford Toy

DeVuyst Kowall Quarles Van Woerkom

Ehardt Kuipers Raczkowski Vander Roest

Faunce Kukuk Richardville Vaughn

Frank LaSata Richner Vear

Garcia Law Rivet Voorhees

Gilbert Lemmons Rocca Woodward

Gosselin Lockwood Sanborn Woronchak

Nays--33

Basham Clarke, H. Hansen Minore

Bogardus Daniels Hardman Prusi

Brater DeHart Jamnick Rison

Brown, B. Dennis Jellema Schauer

Byl Garza Kelly Schermesser

Callahan Gieleghem Kilpatrick Switalski

Caul Godchaux LaForge Thomas

Cherry Hale Mans Wojno

Clark, I.

In The Chair: Scranton

Rep. Julian moved to amend the bill as follows:

1. Amend page 167, line 12, after "paid" by striking out the balance of the sentence and inserting "PURSUANT TO SECTION 14A OF 1951 PA 51, MCL 247.664A.".

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

Rep. Julian moved to amend the bill as follows:

1. Amend page 92, line 2, after "HIGHWAYS" by inserting a comma and "AND THE PORTION PAID BY COUNTY ROAD COMMISSIONS, THE COUNTY EXECUTIVE, OR OTHER AGENCY ACTING AS THE COUNTY ROAD COMMISSION FOR BENEFIT TO COUNTY ROADS".

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

Rep. Green moved to amend the bill as follows:

1. Amend page 281, following line 12, by inserting:

"Sec. 622. ~~In cases where the law shall have been~~ IF THIS ACT IS amended during the progress of any drain proceedings, ~~such~~ THE proceedings shall not be invalidated by ~~any such~~ THE amendment, but may be continued to completion. ~~, and each step~~ EACH STEP IN THE PROCEEDINGS shall be governed by the law in force ~~at the time such step was taken. Any drain proceedings pending when this act takes effect shall be completed in the manner prescribed in this act~~ WHEN THE STEP IS TAKEN. HOWEVER, IF A PETITION UNDER THIS ACT WAS FILED BEFORE THE EFFECTIVE DATE OF THE 2000 AMENDATORY ACT THAT AMENDED THIS SECTION, STEPS TAKEN ON OR AFTER THE EFFECTIVE DATE OF THE 2000 AMENDATORY ACT THAT AMENDED THIS SECTION IN PROCEEDINGS UNDER THAT PETITION SHALL BE GOVERNED BY THE LAW IN EFFECT ON THE DAY BEFORE THE EFFECTIVE DATE OF THE 2000 AMENDATORY ACT THAT AMENDED THIS SECTION.".

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

Rep. Bogardus moved to amend the bill as follows:

1. Amend page 57, line 15, after "DRAIN." by striking out the balance of the section and inserting "IN APPROVING THE FINAL PLAN AS FURNISHED BY THE ENGINEER, THE COMMISSIONER IS LIMITED TO THE PROPOSED PROJECT IN THE FIRST ORDER OF DETERMINATION.".

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

Rep. Brater moved to amend the bill as follows:

1. Amend page 10, line 12, after "FLOODWAYS" by inserting "IN NEW DRAINS, IMPROVEMENTS, AND MAINTENANCE PROJECTS".

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

Rep. Brater moved to amend the bill as follows:

1. Amend page 10, line 23, after "AGRICULTURE" by inserting "IN NEW DRAINS, IMPROVEMENTS, AND MAINTENANCE PROJECTS".

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

Rep. Brater moved to amend the bill as follows:

1. Amend page 44, following line 8, by inserting:

"(E) A DESCRIPTION OF THE IMPACTS TO THE NATURAL RESOURCES OF THE PROPOSED DRAIN.".

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

Rep. Brater demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 1119 Yeas--96

Allen Garza Kowall Rison

Baird Geiger Kuipers Rivet

Birkholz Gieleghem Kukuk Rocca

Bisbee Gilbert LaForge Sanborn

Bishop Godchaux LaSata Schermesser

Bogardus Gosselin Law Scott

Bovin Green Lemmons Scranton

Bradstreet Hager Lockwood Shackleton

Brater Hale Mans Sheltrown

Brewer Hanley Mead Shulman

Brown, B. Hansen Middaugh Spade

Brown, C. Hardman Mortimer Stallworth

Byl Hart Neumann Stamas

Callahan Howell O'Neil Tabor

Cassis Jacobs Pappageorge Tesanovich

Caul Jamnick Patterson Thomas

Cherry Jansen Pestka Van Woerkom

Daniels Jelinek Price Vander Roest

DeHart Jellema Prusi Vaughn

DeRossett Johnson, Rick Pumford Vear

Ehardt Johnson, Ruth Quarles Voorhees

Faunce Julian Raczkowski Wojno

Frank Kelly Richardville Woodward

Garcia Kilpatrick Richner Woronchak

Nays--1

DeVuyst

In The Chair: Scranton

Rep. Jellema moved to amend the bill as follows:

1. Amend page 36, following line 18, by inserting:

"SEC. 35. A DRAIN COMMISSIONER SHALL MEET WITH A PERSON WHO IS CONSIDERING FILING A PETITION UNDER THIS ACT AND WHO REQUESTS A MEETING TO DISCUSS A POTENTIAL PROJECT OR THE REQUIREMENTS OF THIS ACT. THE DRAIN COMMISSIONER SHALL MEET WITHIN 14 DAYS AFTER THE REQUEST IS MADE, UNLESS THE PERSON REQUESTING THE MEETING AGREES TO MEET AT A LATER DATE." and renumbering the remaining section.

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

Rep. Bogardus moved to amend the bill as follows:

1. Amend page 114, line 21, by striking out all of subsection (2) and renumbering the remaining subsections.

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

______

Rep. Voorhees moved that Rep. Gosselin be excused temporarily from today's session.

The motion prevailed.

Rep. Jellema moved to amend the bill as follows:

1. Amend page 7, line 5, after "LANDOWNER" by inserting a comma and "BUT ONLY 1 SUCH PERSON SHALL SIGN A PETITION UNDER THIS ACT".

2. Amend page 38, line 16, after "BY" by striking out "5" and inserting "10".

3. Amend page 38, line 19, after "THAN" by striking out "5" and inserting "10".

4. Amend page 61, line 14, after "BY" by striking out "5" and inserting "10".

5. Amend page 61, line 16, after "THAN" by striking out "5" and inserting "10".

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

Rep. Jellema demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 1120 Yeas--102

Allen Garcia Kukuk Rivet

Baird Garza LaForge Sanborn

Basham Geiger LaSata Schauer

Birkholz Gieleghem Law Schermesser

Bisbee Gilbert Lemmons Scott

Bishop Godchaux Lockwood Scranton

Bogardus Green Mans Shackleton

Bovin Hager Martinez Sheltrown

Bradstreet Hale Mead Shulman

Brater Hanley Middaugh Spade

Brewer Hansen Minore Stallworth

Brown, B. Hardman Mortimer Stamas

Brown, C. Hart Neumann Switalski

Byl Howell O'Neil Tabor

Callahan Jacobs Pappageorge Tesanovich

Cassis Jamnick Patterson Thomas

Cherry Jansen Pestka Toy

Clark, I. Jelinek Price Van Woerkom

Clarke, H. Jellema Prusi Vander Roest

Daniels Johnson, Rick Pumford Vaughn

DeHart Johnson, Ruth Quarles Vear

Dennis Julian Raczkowski Voorhees

DeRossett Kelly Richardville Wojno

Ehardt Kilpatrick Richner Woodward

Faunce Kowall Rison Woronchak

Frank Kuipers

Nays--3

Caul DeVuyst Koetje

In The Chair: Scranton

Rep. Bogardus moved to amend the bill as follows:

1. Amend page 46, line 23, after "COURT." by inserting "THE AGGRIEVED PARTY MAY REQUEST AND SHALL BE PROMPTLY FURNISHED A TRANSCRIPT OF THE PROCEEDINGS AT COST.".

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

Rep. Vear moved to amend the bill as follows:

1. Amend page 44, line 21, after "INDIVIDUAL." by inserting "THE DRAIN COMMISSIONER SHALL PROMPTLY NOTIFY THE COUNTY BOARD OF COMMISSIONERS IN WRITING OF AN APPOINTMENT TO A BOARD OF DETERMINATION. NOT MORE THAN 14 DAYS AFTER RECEIVING NOTICE OF AN APPOINTMENT, THE COUNTY BOARD OF COMMISSIONERS MAY DISAPPROVE THE APPOINTMENT. IF THE COUNTY BOARD OF COMMISSIONERS DISAPPROVES THE APPOINTMENT, THE APPOINTED INDIVIDUAL SHALL NOT SERVE AS A MEMBER OF THE BOARD OF DETERMINATION AND A REPLACEMENT SHALL BE APPOINTED IN THE SAME MANNER AS THE ORIGINAL APPOINTMENT.".

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

Rep. Ruth Johnson moved to amend the bill as follows:

1. Amend page 91, line 10, after "derived" by inserting "AS SPECIFICALLY DESCRIBED IN A WRITTEN DOCUMENT THAT SHALL BE AVAILABLE FOR INSPECTION ON THE DAY OF REVIEW".

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

______

Rep. Middaugh moved that Rep. Cameron Brown be excused temporarily from today's session.

The motion prevailed.

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

The motion prevailed.

Rep. Rick Johnson moved to amend the bill as follows:

1. Amend page 30, line 7, after "COMMISSIONER." by striking out the balance of the line through "DECREASED." on line 11.

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

Rep. Brater demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 1121 Yeas--99

Allen Frank Kukuk Sanborn

Baird Garcia LaForge Schauer

Basham Gieleghem LaSata Schermesser

Birkholz Gilbert Law Scott

Bisbee Godchaux Lemmons Scranton

Bishop Gosselin Lockwood Shackleton

Bogardus Green Martinez Sheltrown

Bovin Hager Mead Shulman

Bradstreet Hale Middaugh Spade

Brewer Hardman Minore Stallworth

Brown, B. Hart Mortimer Stamas

Byl Howell Neumann Switalski

Callahan Jacobs O'Neil Tabor

Cassis Jamnick Pappageorge Tesanovich

Caul Jansen Patterson Thomas

Cherry Jelinek Pestka Toy

Clark, I. Jellema Price Van Woerkom

Clarke, H. Johnson, Rick Prusi Vander Roest

DeHart Johnson, Ruth Pumford Vaughn

Dennis Julian Quarles Vear

DeRossett Kelly Raczkowski Voorhees

DeVuyst Kilpatrick Richardville Wojno

DeWeese Koetje Richner Woodward

Ehardt Kowall Rivet Woronchak

Faunce Kuipers Rocca

Nays--5

Brater Hanley Hansen Rison

Garza

In The Chair: Scranton

Rep. Green moved to amend the bill as follows:

1. Amend page 113, line 15, after "161." by striking out the balance of the subsection.

2. Amend page 122, line 5, after "CHAPTER 7." by inserting "FOR A PROJECT UNDER SECTION 199,".

3. Amend page 122, line 7, after "NECESSARY." by inserting "FOR A PROJECT UNDER SECTION 199,".

4. Amend page 122, line 12, after "REVIEW" by inserting "AND THE PROCEDURE FOR APPEAL".

5. Amend page 194, line 26, after "year." by striking out the balance of the subsection.

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

Rep. Vander Roest moved to amend the bill as follows:

1. Amend page 11, line 4, after "QUALITY," by inserting "PUBLIC CORPORATIONS,".

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

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

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

By unanimous consent the House returned to the order of

Reports of Standing Committees

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

Senate Bill No. 605, entitled

A bill to amend 1992 PA 234, entitled "The judges retirement act of 1992," by amending sections 701, 702, 705, 706, and 711 (MCL 38.2651, 38.2652, 38.2655, 38.2656, and 38.2661), sections 701 and 702 as amended by 1998 PA 66 and sections 705, 706, and 711 as added by 1996 PA 523.

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

1. Amend page 18, line 8, after "THROUGH" by striking out "JUNE 30" and inserting "DECEMBER 31".

2. Amend page 18, line 27, by striking out "JULY 1" and inserting "JANUARY 1".

3. Amend page 19, line 2, after "OF" by striking out "JULY 1" and inserting "JANUARY 1".

4. Amend page 19, line 4, after "FROM" by striking out "JULY 1" and inserting "JANUARY 1".

5. Amend page 34, line 16, by striking out all of subsection (7).

6. Amend page 35, line 18, after "1998" by inserting "OR DECEMBER 31, 1998, AS SPECIFIED IN THE WRITTEN ELECTION".

7. Amend page 35, line 20, after "1998" by inserting "OR JANUARY 1, 1999, AS APPROPRIATE PURSUANT TO THE DATE SPECIFIED BY THE MEMBER UNDER SUBDIVISION (A)".

8. Amend page 35, line 24, after "ON" by striking out "JUNE 30, 1998" and inserting "THE DATE SPECIFIED BY THE MEMBER UNDER SUBDIVISION (A)".

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

Favorable Roll Call

SB 605 To Report Out:

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

Nays: None.

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: Tuesday, December 7, 1999, at 8:30 a.m.,

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

Absent: Rep. Law,

Excused: Rep. Law.

Second Reading of Bills

Senate Bill No. 605, entitled

Was read a second time, and the question being on the adoption of the proposed amendments previously recommended by the Committee on Family and Civil Law (for amendments, see today's journal, p. 2462),

The amendments were 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. 605, 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. 1122 Yeas--99

Allen Faunce Kilpatrick Richner

Baird Frank Koetje Rison

Basham Garcia Kowall Rivet

Birkholz Garza Kukuk Rocca

Bisbee Geiger LaForge Sanborn

Bishop Gieleghem LaSata Schauer

Bogardus Gilbert Law Schermesser

Bovin Godchaux Lemmons Scott

Bradstreet Gosselin Lockwood Scranton

Brater Green Mans Sheltrown

Brown, B. Hale Martinez Shulman

Brown, C. Hanley Mead Spade

Byl Hansen Middaugh Stallworth

Callahan Hardman Minore Stamas

Cassis Hart Neumann Switalski

Cherry Howell O'Neil Tesanovich

Clark, I. Jacobs Pappageorge Thomas

Clarke, H. Jamnick Patterson Toy

Daniels Jansen Perricone Van Woerkom

DeHart Jelinek Pestka Vander Roest

Dennis Jellema Price Vaughn

DeRossett Johnson, Rick Prusi Vear

DeVuyst Johnson, Ruth Pumford Voorhees

DeWeese Julian Quarles Woodward

Ehardt Kelly Raczkowski

Nays--9

Brewer Kuipers Richardville Tabor

Caul Mortimer Shackleton Woronchak

Hager

In The Chair: Scranton

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

"An act to establish a judges retirement system; to provide for the administration and maintenance of the retirement system; to create a retirement board; to prescribe the powers and duties of the retirement board; to establish certain reserves for the retirement system; to establish certain funds; to prescribe the powers and duties of certain state departments and certain state and local officials and employees; to prescribe penalties and provide remedies; and to repeal certain acts and parts of acts,".

The House agreed to the full title.

Rep. Raczkowski moved that House Bill No. 4803 be placed on its immediate passage.

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

House Bill No. 4803, 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. 1123 Yeas--103

Allen Garcia Kukuk Rocca

Baird Garza LaForge Sanborn

Basham Geiger LaSata Schauer

Birkholz Gieleghem Law Schermesser

Bisbee Gilbert Lemmons Scott

Bishop Godchaux Lockwood Scranton

Bogardus Green Mans Shackleton

Bovin Hager Martinez Sheltrown

Bradstreet Hale Mead Shulman

Brater Hanley Middaugh Spade

Brewer Hansen Minore Stallworth

Brown, B. Hardman Mortimer Stamas

Brown, C. Hart Neumann Switalski

Byl Howell O'Neil Tabor

Cassis 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

Dennis Julian Pumford Vear

DeRossett Kelly Quarles Voorhees

DeVuyst Kilpatrick Raczkowski Wojno

Ehardt Koetje Richardville Woodward

Faunce Kowall Rison Woronchak

Frank Kuipers Rivet

Nays--5

Callahan Gosselin Johnson, Ruth Richner

Caul

In The Chair: Scranton

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 1956 PA 40, entitled "The drain code of 1956," by amending sections 1, 2, 3, 6, 8, 10, 12, 21, 23, 24, 25, 26, 27, 28, 29, 30, 31, 32, 33, 51, 52, 53, 54, 101, 102, 103, 104, 105, 106, 151, 152, 153, 154, 155, 156, 157, 158, 161, 191, 192, 199, 200, 221, 222, 223, 241, 242, 243, 244, 245, 247, 261, 262, 263, 265, 266, 267, 269, 270, 273, 274, 275, 276, 277, 278, 279, 280, 282, 283, 301, 302, 303, 304, 306, 307, 322, 322b, 323, 324, 326, 327, 328, 391, 392, 393, 395, 421, 422, 423, 425, 429, 430, 431, 433, 463, 464, 465, 466, 467, 468, 469, 472, 473, 474, 476, 478, 483, 490, 491, 499, 513, 515, 517, 518, 519, 520, 521, 524, 525, 532, 540, 541, 622, 626, and 627 (MCL 280.1, 280.2, 280.3, 280.6, 280.8, 280.10, 280.12, 280.21, 280.23, 280.24, 280.25, 280.26, 280.27, 280.28, 280.29, 280.30, 280.31, 280.32, 280.33, 280.51, 280.52, 280.53, 280.54, 280.101, 280.102, 280.103, 280.104, 280.105, 280.106, 280.151, 280.152, 280.153, 280.154, 280.155, 280.156, 280.157, 280.158, 280.161, 280.191, 280.192, 280.199, 280.200, 280.221, 280.222, 280.223, 280.241, 280.242, 280.243, 280.244, 280.245, 280.247, 280.261, 280.262, 280.263, 280.265, 280.266, 280.267, 280.269, 280.270, 280.273, 280.274, 280.275, 280.276, 280.277, 280.278, 280.279, 280.280, 280.282, 280.283, 280.301, 280.302, 280.303, 280.304, 280.306, 280.307, 280.322, 280.322b, 280.323, 280.324, 280.326, 280.327, 280.328, 280.391, 280.392, 280.393, 280.395, 280.421, 280.422, 280.423, 280.425, 280.429, 280.430, 280.431, 280.433, 280.463, 280.464, 280.465, 280.466, 280.467, 280.468, 280.469, 280.472, 280.473, 280.474, 280.476, 280.478, 280.483, 280.490, 280.491, 280.499, 280.513, 280.515, 280.517, 280.518, 280.519, 280.520, 280.521, 280.524, 280.525, 280.532, 280.540, 280.541, 280.622, 280.626, and 280.627), sections 21 and 464 as amended by 1989 PA 134, section 33 as amended by 1982 PA 356, section 223 as amended by 1989 PA 61, section 280 as amended by 1983 PA 176, section 282 as amended by 1984 PA 80, sections 283 and 499 as amended by 1989 PA 149, section 423 as amended by 1996 PA 552, and section 433 as amended by 1982 PA 449, and by adding sections 7, 7a, 7b, 7c, 13, 14, 34, 35, 36, 53a, 55, 56, 57, 58, 59, 60, 61, 62, 63, 103a, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 201, 275a, 277a, 329, 330, 467a, 467b, 474a, 500, 519a, 615, 616, and 617; and to repeal acts and parts of acts.

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.

By unanimous consent the House returned to the order of

Motions and Resolutions

Rep. Gieleghem moved that the Committee on Family and Civil Law be discharged from further consideration of House Bill No. 4965.

(For first notice see House Journal No. 83, p. 2430.)

The question being on the motion made previously by Rep. Gieleghem,

Rep. Gieleghem demanded the yeas and nays.

The demand was supported.

The question being on the motion made previously by Rep. Gieleghem,

After debate,

Rep. Kuipers demanded the previous question.

The demand was supported.

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

The previous question was ordered.

The question being on the motion made previously by Rep. Gieleghem,

The motion did not prevail, a majority of the members serving not voting therefor, by yeas and nays, as follows:

Roll Call No. 1124 Yeas--50

Baird Frank Lockwood Schauer

Basham Garza Mans Schermesser

Bogardus Gieleghem Martinez Scott

Bovin Hale Minore Sheltrown

Brater Hanley Neumann Spade

Brown, B. Hansen O'Neil Stallworth

Callahan Hardman Pestka Switalski

Cherry Jacobs Price Tesanovich

Clark, I. Jamnick Prusi Thomas

Clarke, H. Kelly Quarles Vaughn

Daniels Kilpatrick Rison Wojno

DeHart LaForge Rivet Woodward

Dennis Lemmons

Nays--58

Allen Geiger Kowall Richner

Birkholz Gilbert Kuipers Rocca

Bisbee Godchaux Kukuk Sanborn

Bishop Gosselin LaSata Scranton

Bradstreet Green Law Shackleton

Brown, C. Hager Mead Shulman

Byl Hart Middaugh Stamas

Cassis Howell Mortimer Tabor

Caul Jansen Pappageorge Toy

DeRossett Jelinek Patterson Van Woerkom

DeVuyst Jellema Perricone Vander Roest

DeWeese Johnson, Rick Pumford Vear

Ehardt Johnson, Ruth Raczkowski Voorhees

Faunce Julian Richardville Woronchak

Garcia Koetje

In The Chair: Scranton

Messages from the Senate

The Senate returned, in accordance with the request of the House

Senate Bill No. 404, entitled

A bill to amend 1978 PA 368, entitled "An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates," by amending sections 20902, 20904, 20906, 20908, 20910, 20912, 20915, 20916, 20918, 20919, 20920, 20921, 20923, 20929, 20934, 20950, 20954, 20956, 20958, 20965, 20975, and 20977 (MCL 333.20902, 333.20904, 333.20906, 333.20908, 333.20910, 333.20912, 333.20915, 333.20916, 333.20918, 333.20919, 333.20920, 333.20921, 333.20923, 333.20929, 333.20934, 333.20950, 333.20954, 333.20956, 333.20958, 333.20965, 333.20975, and 333.20977), sections 20902, 20904, 20906, 20908, 20910, 20912, 20915, 20916, 20918, 20923, 20929, 20934, 20950, 20954, 20956, 20958, 20975, and 20977 as added by 1990 PA 179, section 20919 as amended by 1996 PA 192, and sections 20920, 20921, and 20965 as amended by 1997 PA 78.

Rep. Raczkowski moved to reconsider the vote by which the House passed the bill.

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

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

The motion prevailed.

______

Rep. Raczkowski moved that House Committees be given leave to meet during the balance of today's session.

The motion prevailed.

Rep. Raczkowski moved that when the House adjourns today it stand adjourned until Wednesday, December 8, at 10:00 a.m.

The motion prevailed.

By unanimous consent the House returned to the order of

Motions and Resolutions

Reps. Scott, Lemmons, Hansen, Cherry, Daniels, Spade, Jacobs, DeHart, Woodward, Minore, Bovin, Brater, Prusi, Kelly, LaForge, Baird, Scranton, Jamnick, Callahan, Mead, LaSata, Thomas, Jansen, Kowall, Julian, Dennis, Ehardt, Hardman, Clark, Schermesser, Hanley, Mortimer, Raczkowski, Kilpatrick, Koetje, Pappageorge and Richner offered the following resolution:

House Resolution No. 235.

A resolution honoring the life and memory of Nettie Hazel McKenzie.

Whereas, The Michigan House of Representatives celebrates the life and the home-going of Sister Nettie Hazel McKenzie, truly a loved and blessed woman who lived her life serving God, her family and others who were not as fortunate as sister McKenzie; and

Whereas, Nettie McKenzie was the first of five children born to Newton and Mary King, born on January 10, 1909, in Dooling, Georgia. Although she was raised in the country, she was a city girl at heart. Hazel, as she was fondly called, spent her elementary days in Dooly county and graduated from Spencer High School in Columbus, Georgia; and

Whereas, From an early age, she cared about the health and welfare of others, pursued a nursing career at Mercy Hospital in Atlanta, and began that profession in 1931 at Grady Memorial Hospital. She resumed her nursing career in 1962 at Detroit Memorial Hospital and retired in 1972; and

Whereas, In 1935, sister Hazel met and married Henry C. McKenzie in Atlanta, Georgia. To this union eight children were born, and they raised one cousin. She touched the hearts of many people, young and old. She assisted in guiding the lives of children in the neighborhood. She is loved and respected for the unselfish treatment of others and leaves a rich legacy of love, honor, and pride; and

Whereas, Mrs. McKenzie confessed Christ at an early age and was dedicated and faithful to serving her church until she became ill. She served on the Board of Trustees, the Women's Club, the Dorcas Missionary Society, and was recently inducted into the Soaring South District Michigan Conference A.M.E. Church Women's Missionary Society Hall of Fame. We know her bright mansion above is fit for the queen sister Hazel was, because see showed everyone her "good works" right here on earth. Sister McKenzie was actively involved in community affairs, holding offices in the Willard, Ford, and High School P.T.A.s, was a Cub Scout Den Mother, was involved with the Boy Scouts, the Little League, the Highland Park Caucus Club, and served as President, Secretary, Treasurer, and Member of the Mothers Club of Highland Park. This community activist served on the Model Cities Neighborhood Advisory Council, the Education Task Force, was a Commissioner for the Recreation Department, and assisted children in the Reggis McKenzie Foundation. She received numerous awards for her commitment to youth and outstanding service to humankind. Mrs. McKenzie was an avid sports fan, loved to cook, and provided nutritional meals to all who were welcomed into her home; and

Whereas, Nettie Hazel McKenzie leaves to cherish her memory her sister, Cleonie Cross; her beloved children, Clinton (Renate'), JoAnn (Donald) Gray, Marjorie McKenzie, Eleanor Blackwell, Milton (Paulette), Reggis, Keith (Carolyn), and Kenneth; cousin, Terry Lewis; grandchildren, Clinton Pollehn, Glynn (Jillian) Blackwell, Raymond Kenyon, Glenn Odonal, Keith, Vanessa, Millicent and Melissa, Kenneth II, Jason, Stacey, and Kyle McKenzie; sisters-in-law Hattie King, Georgia Hill, May McKenzie, Ella Brown, and Julia Hampton; brothers-in-law Rome Kendrick and Alvin McKenzie; a host of nieces, nephews, other relatives, friends, and her "Mothers' Day Gang."; now, therefore, be it

Resolved by the House of Representatives, That tribute be hereby accorded to commemorate the 90 blessed years of life of Mrs. Nettie Hazel McKenzie; and be it further

Resolved, That a copy of this resolution be transmitted to her family as a reflection of our esteem.

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. Scranton, Lemmons, Wojno, Cherry, Spade, Jacobs, DeHart, Woodward, Minore, Bovin, Gieleghem, Brater, Prusi, Kelly, LaForge, Switalski, Faunce, Baird, Rocca, Jamnick, Garza, Callahan, Scott, Richardville, Van Woerkom, Kukuk, Kuipers, Mead, LaSata, Middaugh, Thomas, Jansen, Cassis, Kowall, Julian, Vear, Ehardt, Lockwood, DeVuyst, Gosselin, Schermesser, Jellema, Mortimer, Geiger, Raczkowski, Garcia, Kilpatrick, Vander Roest, Koetje, Pappageorge, Voorhees and Richner offered the following resolution:

House Resolution No. 236.

A resolution honoring the Michigan Jaycees on the occasion of their 75th Anniversary.

Whereas, It is with deepest respect and admiration for the valuable work of the Michigan Jaycees that we honor their 75 years of community service, individual opportunity and professional advancement. This milestone is a reflection of unselfishness and commitment to the common good that is most commendable; and

Whereas, The Michigan Jaycees can trace its origin to September of 1924 when 50 delegates representing Junior Chambers from Saginaw, Pontiac, Flint and Jackson met for the primary purpose of organizing a Michigan Junior Chamber; and

Whereas, Under the direction of the first official State President, Martin P. Luthy, the charters organized projects aimed at providing services to their communities throughout the twenties. As a way of honoring his contributions and commitment, today the organization recognizes the top local chapter presidents with a "Luthy" award; and

Whereas, During the early years, one of the original Pontiac Jaycees, Bill Otto, traveled around the state promoting the values and ideals of the Michigan Junior Chamber. He is known as the father of the Michigan Jaycees and the group honors him by recognizing the top chapter of the year with the "Otto"; and

Whereas, The Michigan Jaycees has adapted to changes in society, membership and expectations. This ability to grow and change has shown that members have maintained their belief in their mission of service and the unity of the membership; and

Whereas, Throughout the years, the Michigan Jaycees has sponsored numerous events and activities that have benefitted many and contributed to the development of great leaders in the entire state of Michigan. While in constant pursuit of community improvement, this fine organization has been an excellent example for other states to follow; and

Whereas, With ceremonies to celebrate its history, the members and officers of the Michigan Jaycees will remember the vision of many people and the hours and years of commitment that have brought the group to this point. Fittingly, as they look to the past, they will also be casting an eye to the future and to the many ways in which the Michigan Jaycees will continue to reach out in our community; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body and the people of the state of Michigan honor and recognize the Michigan Jaycees as they observe their 75th anniversary; and be it further

Resolved, That copies of this resolution be transmitted to the Michigan Jaycees as an expression of our highest esteem.

Pending the reference of the resolution to a committee,

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

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

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. Richardville, Howell, Julian, Kowall, Gilbert, DeVuyst, Shackleton, Tabor, Faunce, Bradstreet, Pumford, Patterson, Woronchak, Bisbee, Sheltrown, Bovin, Mans, Prusi, Schermesser, DeHart, Ehardt, Gosselin, O'Neil, Mortimer, Caul, Green, Vear, Byl, Allen, DeRossett, Toy, Van Woerkom, Hager, Scranton, Garcia, Middaugh, Koetje, Tesanovich, Birkholz, Raczkowski, Kelly, Rocca, Kukuk, Mead, LaSata, Jansen, Cassis, Jellema, Geiger, Vander Roest, Pappageorge, Voorhees and Richner offered the following resolution:

House Resolution No. 237.

A resolution to urge the United States House of Representatives Committee on Resources to continue its investigation of certain expenditures and grants made by the United States Fish and Wildlife Service.

Whereas, The Pittman-Robertson Act and the Dingell-Johnson Act provide a variety of important services to promote hunting and fishing programs across our country. These acts represent a well-coordinated approach to the management of hunting and fishing. Programs for these activities are funded by money raised by excise taxes paid by those who enjoy hunting and fishing. The legislation provides for grants by the United States Fish and Wildlife Service (USFWS) to the states. Funds for the grants come from excise taxes paid on the purchase of hunting and fishing equipment and supplies; and

Whereas, The General Accounting Office (GAO) has identified a large number of highly questionable expenditures and grants made by the USFWS. The GAO has discovered millions of dollars diverted or misallocated to fund programs, projects, or initiatives not related to the administration of the Pittman-Robertson Act or the Dingell-Johnson Act. The House Committee on Resources has discovered unauthorized expenditures of millions of dollars that should have been available for grants to the states. The expenditures and grants apparently have been made from money that is supposed to go to administrative functions. News of these grants has angered hunting and fishing organizations. It has also upset members of Congress, who are now investigating the legality of numerous grants from the USFWS; and

Whereas, The legitimate programs funded through the Pittman-Robertson Act and the Dingell-Johnson Act are an example of the best in public-private cooperation. Any actions of a governmental agency that jeopardize the trust these acts have represented over the years must be fully and vigorously investigated; now, therefore, be it

Resolved by the House of Representatives, That we urge the United States House of Representatives Committee on Resources to continue its investigation of certain expenditures and grants made by the United States Fish and Wildlife Service; and be it further

Resolved, That copies of this resolution be transmitted to the House Committee on Resources.

The resolution was referred to the Committee on Conservation and Outdoor Recreation.

Reps. Julian, Richardville, Kowall, Gilbert, DeVuyst, Shackleton, Tabor, Bisbee, Patterson, Green, Jansen, Prusi, Kelly, Faunce, Van Woerkom, Kukuk, Mead, LaSata, Middaugh, Cassis, Vear, Ehardt, Gosselin, Schermesser, Jellema, Mortimer, Geiger, Raczkowski, Garcia, Vander Roest, Koetje, Pappageorge, Voorhees and Richner offered the following resolution:

House Resolution No. 238.

A resolution to admonish the United States Fish and Wildlife Service for its apparent actions of using administrative funds under the Pittman-Robertson Act and the Dingell-Johnson Act for inappropriate purposes.

Whereas, The Pittman-Robertson Act and the Dingell-Johnson Act are cornerstones of the federal government's efforts to provide well-managed hunting and fishing recreation opportunities to our citizens. A key feature of these acts is how money raised through excise taxes on the sale of hunting and fishing equipment and supplies is used to fund a variety of opportunities through the awarding of grants to states; and

Whereas, The General Accounting Office (GAO) investigated and the House Committee on Resources in Washington is currently investigating information that indicates that the U. S. Fish and Wildlife Service (USFWS) may have misdirected millions of dollars to inappropriate uses. At question are expenditures and grants of money that are supposed to have been used for general administrative expenses. According to preliminary reports, the USFWS made expenditures and awarded grants for purposes not at all related to administration of the Pittman-Robertson Act and Dingell-Johnson Act programs; and

Whereas, Organizations representing hunting and fishing interests, the individuals with the most direct stake in the programs of the Pittman-Robertson Act and the Dingell-Johnson Act, are especially upset that the expenditures and grants in question allegedly expended millions of dollars that should have been available to the states; and

Whereas, While the congressional investigation is ongoing, it seems clear that the USFWS has likely violated the spirit of the federal laws, at the very least. These actions are most disturbing; now, therefore, be it

Resolved by the House of Representatives, That we admonish the United States Fish and Wildlife Service for its apparent actions of using administrative funds under the Pittman-Robertson Act and the Dingell-Johnson Act for inappropriate purposes; and be it further

Resolved, That copies of this resolution be transmitted to the United States Fish and Wildlife Service.

The resolution was referred to the Committee on Conservation and Outdoor Recreation.

Reps. Hansen, Lemmons, Wojno, Cherry, Daniels, Spade, Jacobs, DeHart, Woodward, Minore, Bovin, Gieleghem, Brater, Prusi, Kelly, LaForge, Switalski, Faunce, Baird, Scranton, Jamnick, Garza, Scott, Van Woerkom, Kuipers, Mead, LaSata, Middaugh, Thomas, Jansen, Cassis, Kowall, Julian, Vear, Dennis, Ehardt, Hardman, Sheltrown, Lockwood, Schermesser, Hanley, Mortimer, Raczkowski, Garcia, Kilpatrick, Koetje, Pappageorge and Richner offered the following resolution:

House Resolution No. 239.

A resolution honoring Brownie Troop 2009 of South Lyon.

Whereas, The importance of reading as a life skill has been stressed by officials at the state and federal levels, including President Clinton and Governor John Engler; and

Whereas, Just last year, both of these heads of state pledged their commitment to programs that would ensure that children starting kindergarten in 1998 will be reading at their grade level by the time they reach the end of third grade; and

Whereas, Not only are politicians, parents, teachers and school administrators working to enhance reading skills in our young people...young people themselves have joined in the fight against illiteracy; and

Whereas, Brownie Troop 2009, of South Lyon, Michigan, began a book collection program back in November 1997 with a plan to redistribute the books to preschoolers and kindergartners at a local elementary school in the South Lyon School District. Over 200 books were collected, sorted and personally delivered by the Brownies. Each Brownie spent at least 30 minutes reading to the book's recipient; and

Whereas, In 1998, over 700 books were gathered and other elementary schools were included in the target group. Troop leaders encouraged by the enthusiasm generated by the book drives approached the Huron Valley Girl Scout Council in hopes of obtaining badges (in Brownies, called "Try-Its") for the young Scouts; and

Whereas, Reading and literacy badges are available to older Scouts, but no Try-Its were available for literacy projects done by Brownies. The Council agreed to its own Try-It called "Reading Is Magic", however, the Try-It was limited to Brownies only in the Huron Valley Girl Scout Council; and

Whereas, The Brownies (who are now Junior Girl Scouts) and their leaders believe that literacy awareness, especially in the young grades, is paramount to success in reading and success in life and that Brownies, nationwide, should have the opportunity to earn a Literacy Try-It, similar to the one available in the Huron Valley Girl Scout Council. The Try-It would be earned if at least 4 of 11 criteria are met in various aspects of literacy awareness; and

Whereas, To this end, they have endeavored to gather support from outside interest groups, organizations and individuals for a national Literacy Try-It, which will require approval from the Girl Scouts of the USA Headquarters in New York; now, therefore, be it

Resolved by the House of Representatives, That we memorialize the Girl Scouts of the USA to recognize the need for and encourage Brownie participation in literacy awareness through the adoption of a Literacy Try-It for all Brownies; and it be further

Resolved, That copies of this resolution be transmitted to the Girl Scouts of the USA Headquarters, the President of the United States, the U.S. Department of Education, the Governor of Michigan, and the Michigan Department of Education.

Pending the reference of the resolution to a committee,

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

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

The question being on the adoption of the resolution,

The resolution was adopted.

Reports of Select Committees

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.

(For text of conference report, see House Journal No. 82, p. 2368.)

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

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

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.

(For text of conference report, see House Journal No. 82, p. 2369.)

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

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

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.

(For text of conference report, see House Journal No. 82, p. 2369.)

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

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

Joint Committee on Administrative Rules

Certificates of Approval

Date: December 1, 1999

Subject: Trans. No. 99-40

I hereby certify that the Joint Committee on Administrative Rules approved the administrative rules from the Department of Environmental Quality, Air Quality Division, pertaining to Air Pollution Control--Emission Limitations and Prohibitions (Part 6)--Existing Sources of Volatile Organic Compound Emissions, dated March 30, 1999.

Date: December 1, 1999

Subject: Trans. No. 99-41

I hereby certify that the Joint Committee on Administrative Rules approved the rescission of administrative rules from the Department of Consumer and Industry Services, Corporations, Securities and Land Development Bureau, pertaining to Manufactured Housing, dated July 23, 1999.

Date: December 1, 1999

Subject: Trans. No. 99-42

I hereby certify that the Joint Committee on Administrative Rules approved the administrative rules from the Department of Consumer and Industry Services, Director's Office, pertaining to Nursing--Nursing Scholarship Program (Part 7), dated July 27, 1999.

Date: December 1, 1999

Subject: Trans. No. 99-48

Date: December 1, 1999

Subject: Trans. No. 99-49

Date: December 1, 1999

Subject: Trans. No. 99-50

I hereby certify that the Joint Committee on Administrative Rules approved the administrative rules from the Department of Consumer and Industry Services, State Fire Safety Board, pertaining to Dormitory Fire Safety for Schools, Colleges, and Universities, dated August 18, 1999.

Date: December 1, 1999

Subject: Trans. No. 99-51

Date: December 1, 1999

Subject: Trans. No. 99-52

I hereby certify that the Joint Committee on Administrative Rules approved the administrative rules from the Department of Consumer and Industry Services, State Fire Safety Board, pertaining to New and Existing School, College, and University Fire Safety, dated August 18, 1999.

Date: December 1, 1999

Subject: Trans. No. 99-53

I hereby certify that the Joint Committee on Administrative Rules approved the administrative rules from the Department of Treasury, Bureau of State Lottery, pertaining to Lottery Rules, dated September 1, 1999.

Date: December 1, 1999

Subject: Trans. No. 99-54

I hereby certify that the Joint Committee on Administrative Rules approved the administrative rules from the Department of Environmental Quality, Environmental Assistance Division, pertaining to Small Business Pollution Prevention Assistance Loan, dated August 30, 1999.

Date: December 1, 1999

Subject: Trans. No. 99-55

I hereby certify that the Joint Committee on Administrative Rules approved the rescission of administrative rules from the Department of Transportation, Bureau of Urban and Public Transportation, pertaining to State Rail Line Divestiture, dated June 16, 1999.

Date: December 1, 1999

Subject: Trans. No. 99-56

I hereby certify that the Joint Committee on Administrative Rules approved the administrative rules from the Department of Consumer and Industry Services, Unemployment Agency Director's Office, pertaining to Employment Security, dated August 1, 1999.

Date: December 1, 1999

Subject: Trans. No. 99-57

I hereby certify that the Joint Committee on Administrative Rules approved the administrative rules from the Department of Consumer and Industry Services, Public Service Commission, pertaining to Gas Safety, dated August 31, 1999.

Date: December 1, 1999

Subject: Trans. No. 99-59

I hereby certify that the Joint Committee on Administrative Rules approved the administrative rules from the Department of Consumer and Industry Services, Director's Office, pertaining to General Industry Safety Standards--Fire Brigades (Part 73), dated December 11, 1998.

Date: December 1, 1999

Subject: Trans. No. 99-60

I hereby certify that the Joint Committee on Administrative Rules approved the administrative rules from the Department of Consumer and Industry Services, Director's Office, pertaining to Boilers (Miniature Locomotives), dated October 18, 1999.

Sincerely,

Representative Marc Shulman

Chair

Joint Committee on Administrative Rules

Kate McAuliffe

Regulatory Affairs Officer

Department of Education

Lansing, Michigan

December 1, 1999

Dear Ms. McAuliffe:

Pursuant to the authority granted in subsection (3) of section 45 of the Administrative Procedures Act, being 24.245 of the Michigan Compiled Laws, the Committee by majority vote extended the time for consideration of Trans. No. 99-58, submitted by the Department of Education, State Tenure Commission, pertaining to General Rules.

Sincerely,

Representative Marc Shulman

Chair

R. Thomas Martin

Regulatory Affairs Officer

Department of Consumer and Industry Services

Lansing, Michigan

December 1, 1999

Dear Mr. Martin:

Pursuant to the authority granted in subsection (3) of section 45 of the Administrative Procedures Act, being 24.245 of the Michigan Compiled Laws, the Committee by majority vote extended the time for consideration of Trans. No. 99-61, submitted by the Department of Consumer and Industry Services, Wage and Hour Division, pertaining to General Rules.

December 1, 1999

Pursuant to the authority granted in subsection (3) of section 45 of the Administrative Procedures Act, being 24.245 of the Michigan Compiled Laws, the Committee by majority vote extended the time for consideration of Trans. No. 99-62, submitted by the Department of Consumer and Industry Services, Wage and Hour Division, pertaining to Overtime Compensation.

Sincerely,

Representative Marc Shulman

Chair

Reports of Standing Committees

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

Senate Bill No. 855, entitled

A bill to amend 1925 PA 289, entitled "An act to create a bureau of criminal identification and records within the department of state police; to require peace officers, persons in charge of certain institutions, and others to make reports respecting juvenile offenses, crimes, and criminals to the state police; to require the fingerprinting of an accused by certain persons; and to provide penalties for violation of this act," by amending section 3 (MCL 28.243), as amended by 1999 PA 77.

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

SB 855 To Report Out:

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

Nays: None.

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, December 7, 1999, at 12:13 p.m.,

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

Messages from the Senate

House Bill No. 4599, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending section 20115 (MCL 333.20115) and by adding section 22224.

The Senate has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

The House agreed to the full title.

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

House Bill No. 4601, entitled

A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding section 2837.

The Senate has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

The House agreed to the full title.

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

House Bill No. 4600, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending section 2835 (MCL 333.2835).

The Senate has substituted (S-1) the bill.

The Senate has passed the bill as substituted (S-1), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

The Speaker announced that pursuant to Rule 45, the bill was laid over one day.

Notices

The Speaker appointed as conferees, on the part of the House of Representatives for Senate Bill No. 198, Reps. Perricone, Gosselin and Kilpatrick.

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, Friday, December 3:

House Bill Nos. 5155 5156 5157 5158 5159

The Clerk announced the enrollment printing and presentation to the Governor on Monday, December 6, for his approval of the following bills:

Enrolled House Bill No. 4628 at 10:26 a.m.

Enrolled House Bill No. 4629 at 10:28 a.m.

Introduction of Bills

Reps. Schermesser, Rick Johnson, DeHart, Hale, Lockwood, Spade, Garcia, Scott, O'Neil, Basham, Thomas, Kelly, Brewer, Frank, Pestka, Woronchak, Mans, Prusi, Richardville, Price, Bob Brown, Cherry, Bogardus, Schauer, Clarke, Sheltrown, Hardman, Garza, Stallworth, Quarles, LaForge, Green, Ruth Johnson, Law, Mortimer, Vander Roest, Ehardt, Vear, Byl, Hart, Kowall, Gilbert, DeRossett, Julian, Toy, Tabor, Hager, Jacobs, Hansen, Wojno, Woodward, Daniels, Gieleghem, Jamnick and Minore introduced

House Bill No. 5160, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," (MCL 750.1 to 750.568) by adding section 135a.

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

Reps. Schermesser, Rick Johnson, DeHart, Hale, Lockwood, Spade, Garcia, Scott, O'Neil, Basham, Thomas, Kelly, Brewer, Frank, Pestka, Woronchak, Mans, Prusi, Richardville, Price, Bob Brown, Cherry, Jacobs, Schauer, Clarke, Sheltrown, Hardman, Stallworth, Kilpatrick, Quarles, LaForge, Green, Ruth Johnson, Law, Mortimer, Vander Roest, Ehardt, Vear, Byl, Hart, Kowall, Gilbert, DeRossett, Julian, Toy, Tabor, Hansen, Bogardus, Wojno, Woodward, Daniels, Garza, Gieleghem, Jamnick and Minore introduced

House Bill No. 5161, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 16g of chapter XVII (MCL 777.16g), as amended by 1999 PA 39.

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

Reps. Schermesser, Baird, DeHart, Hale, Pappageorge, Garcia, Schauer, Scott, Rick Johnson, Mans, Prusi, Richardville, Price, Tesanovich, Bob Brown, Cherry, Quarles, Green, Law, Mortimer, Ehardt, Byl, Clarke, Clark, Stallworth, Kilpatrick, LaForge, Vander Roest, Vear, Hart, Kowall, Gilbert, DeRossett, Tabor, Koetje, Toy, Julian, Hager, Switalski, Lockwood, Jacobs, Hansen, Wojno, Bogardus, Woodward, Callahan, Daniels, Garza, Gieleghem, Jamnick and Minore introduced

House Bill No. 5162, entitled

A bill to designate the part of highway I-69 that is located between exit 94 and exit 105 as the "Purple Heart Highway"; and to prescribe the duties of the state transportation department.

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

Rep. Pumford introduced

House Bill No. 5163, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 8707 and 8715 (MCL 324.8707 and 324.8715), section 8715 as amended by 1995 PA 61; and to repeal acts and parts of acts.

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

Reps. Caul, Mead, Geiger, Pappageorge, Howell, DeVuyst, Spade, Richner, Ruth Johnson, Stamas, Green, Shackleton, Toy and Richardville introduced

House Bill No. 5164, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 319 (MCL 257.319), as amended by 1999 PA 118.

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

Reps. Gieleghem, Jacobs, Martinez, Woodward, Minore, Spade, Bishop, Bovin and Bogardus introduced

House Bill No. 5165, entitled

A bill to amend 1976 PA 388, entitled "Michigan campaign finance act," by amending section 47 (MCL 169.247), as amended by 1996 PA 225.

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

Reps. Koetje, Scranton, Patterson, Kuipers, Garcia, Gosselin, Voorhees, Rick Johnson, Tabor and Kukuk introduced

House Bill No. 5166, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," (MCL 380.1 to 380.1852) by adding section 1318.

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

Reps. Mead, Bradstreet, Ruth Johnson, Rick Johnson, Allen, Kuipers, Voorhees, Van Woerkom, Pumford, Bishop, Hart, Jelinek and Scranton introduced

House Bill No. 5167, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending sections 520d and 520e (MCL 750.520d and 750.520e), as amended by 1996 PA 155.

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

Rep. Law introduced

House Bill No. 5168, entitled

A bill to amend 1971 PA 79, entitled "Age of majority act of 1971," by amending section 2 (MCL 722.52), as amended by 1990 PA 104.

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

Reps. Dennis, DeHart, Schermesser, Schauer, Tesanovich, Daniels, Gieleghem, Basham, Clark, Wojno, Hansen, Minore, Scott, Bovin, Garza, Rivet, Hardman, Neumann, Brewer, Pestka, Frank, Hale, Kelly, Bogardus, Thomas, Cherry, Bob Brown, Jamnick, O'Neil, Lockwood, Mans, Vaughn, Reeves, Jacobs, Woodward, Clarke, LaForge and Lemmons introduced

House Bill No. 5169, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 1278 (MCL 380.1278), as amended by 1995 PA 289.

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

Reps. Shackleton, Rick Johnson, Ruth Johnson, Faunce, Gilbert, Ehardt, Hager, Kowall, Woronchak, LaSata, Rivet, Bishop, Allen, Caul and Toy introduced

House Bill No. 5170, entitled

A bill to amend 1933 PA 167, entitled "General sales tax act," (MCL 205.51 to 205.78) by adding section 4aa.

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

Rep. Bisbee introduced

House Bill No. 5171, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 451 (MCL 750.451).

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

Reps. Voorhees, Gosselin, Faunce, Kukuk, Pappageorge, Tabor, Garcia, Richner and Caul introduced

House Bill No. 5172, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 312e (MCL 257.312e), as amended by 1991 PA 100.

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

______

Rep. Green moved that the House adjourn.

The motion prevailed, the time being 7:50 p.m.

Associate Speaker Pro Tempore Scranton declared the House adjourned until Wednesday, December 8, at 10:00 a.m.

GARY L. RANDALL

Clerk of the House of Representatives.

Allen	Garcia	LaSata	Rivet
Baird	Geiger	Law	Rocca
Birkholz	Gieleghem	Lockwood	Sanborn
Bisbee	Gilbert	Mans	Scranton
Bogardus	Godchaux	Martinez	Shackleton
Bradstreet	Gosselin	Mead	Sheltrown
Brater	Green	Middaugh	Shulman
Brown, B.	Hager	Minore	Spade
Brown, C.	Hansen	Mortimer	Stamas
Callahan	Hart	Neumann	Switalski
Cassis	Howell	Pappageorge	Tabor
Caul	Jansen	Patterson	Tesanovich
Cherry	Jelinek	Perricone	Toy
Clarke, H.	Jellema	Pestka	Van Woerkom
Dennis	Johnson, Rick	Price	Vander Roest
DeRossett	Johnson, Ruth	Prusi	Vear
DeVuyst	Julian	Pumford	Voorhees
DeWeese	Koetje	Raczkowski	Wojno
Ehardt	Kowall	Richardville	Woodward
Faunce	Kuipers	Richner	Woronchak
Frank	Kukuk	Rison

Basham	DeHart	Jamnick	Reeves
Bovin	Garza	Kelly	Schauer
Brewer	Hale	Kilpatrick	Schermesser
Byl	Hanley	LaForge	Scott
Clark, I.	Hardman	Lemmons	Stallworth
Daniels	Jacobs	Quarles	Thomas