No. 67

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

90th Legislature


REGULAR SESSION OF 2000


House Chamber, Lansing, Thursday, November 30, 2000.

12:00 Noon.

The House was called to order by Associate Speaker Pro Tempore Patterson.

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--excused

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--excused

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

LaForge--present

LaSata--present

Law--present

Lemmons--present

Lockwood--present

Mans--excused

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--excused

Richardville--present

Richner--present

Rison--present

Rivet--present

Rocca--present

Sanborn--present

Schauer--present

Schermesser--present

Scott--excused

Scranton--present

Shackleton--present

Sheltrown--present

Shulman--present

Spade--present

Stallworth--present

Stamas--present

Switalski--present

Tabor--present

Tesanovich--present

Thomas--present

Toy--present

Vander Roest--present

Van Woerkom--present

Vaughn--present

Vear--present

Voorhees--present

Wojno--present

Woodward--present

Woronchak--present

e/d/s = entered during session

Rep. Ed LaForge, from the 60th District, offered the following invocation:

"A compilation of children's letters to God:

Dear God, In school they told us what You do. Who does it when You are on vacation?

Dear God, I read the Bible. What does 'begat' mean? Nobody will tell me.

Dear God, Are You really invisible or is that just a trick?

Dear God, Is it true my father won't get in Heaven if he uses his bowling words in the house?

Dear God, Did You mean for the giraffe to look like that or was it an accident?

Dear God, Instead of letting people die and having to make new ones, why don't You just keep the ones You have now?

Dear God, I went to this wedding and they kissed right in church. Is that okay?

Dear God, What does it mean You are a Jealous God? I thought You had everything.

Dear God, Did You really mean "do unto others as they do unto you"? Because if You did, then I'm going to fix my brother.

Dear God, Thank You for the baby brother, but what I prayed for was a puppy.

Dear God, Please send me a pony. I never asked for anything before. You can look it up.

Dear God, If we come back as something--please don't let me be Jennifer Horton because I hate her.

Dear God, Maybe Cain and Abel would not kill each other so much if they had their own rooms. It works with my brother.

Dear God, I bet it is very hard for You to love all of everybody in the whole world. There are only 4 people in our family and I can never do it.

Dear God, My brother told me about being born but it doesn't sound right. They're just kidding, aren't they?

Dear God, We read Thomas Edison made light. But in Sunday school they said You did it. So I bet he stoled Your idea.

And finally...

Dear God, I didn't think orange went with purple until I saw the sunset You made on Tuesday. That was cool.

Thank You Dear Lord, for all of the children."

______

Rep. DeHart moved that Rep. Mans and be excused from today's session.

The motion prevailed.

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

The motion prevailed.

Rep. Julian moved that Rep. Tabor be excused temporarily from today's session.

The motion prevailed.

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

The motion prevailed.

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

The motion prevailed.

Messages from the Senate

The Speaker laid before the House

Senate Bill No. 1243, entitled

A bill to amend 1949 PA 300, entitled "An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds and grant programs; to provide for the appropriation of money for certain grant programs; to provide penalties and sanctions for a violation of this act; to provide for civil liability of owners and operators of vehicles and service of process on residents and nonresidents; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date." by amending sections 217, 222, and 251 (MCL 257.217, 257.222, and 257.251), section 217 as amended by 1998 PA 247, section 222 as amended by 1999 PA 267, and section 251 as amended by 1998 PA 455.

(The bill was received from the Senate on October 4, with amendments to the House amendments, consideration of which, under the rules, was postponed until November 9, see House Journal No. 62, p. 2286.)

The question being on concurring in the amendments to the House 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. 982 Yeas--96

Allen DeWeese Kelly Richner

Baird Ehardt Koetje Rison

Basham Frank Kowall Rivet

Birkholz Garcia Kuipers Rocca

Bisbee Garza LaForge Sanborn

Bishop Gieleghem LaSata Schauer

Bogardus Gilbert Law Scranton

Bovin Godchaux Lemmons Shackleton

Bradstreet Gosselin Lockwood Sheltrown

Brater Green Martinez Shulman

Brewer Hager Mead Spade

Brown, B. Hale Middaugh Stallworth

Brown, C. Hanley Minore Stamas

Byl Hansen Mortimer Switalski

Callahan Hart Neumann Tesanovich

Cassis Howell Pappageorge Toy

Caul Jacobs Patterson Van Woerkom

Cherry Jamnick Perricone Vander Roest

Clark, I. Jansen Pestka Vaughn

Clarke, H. Jelinek Price Vear

DeHart Jellema Prusi Voorhees

Dennis Johnson, Rick Pumford Wojno

DeRossett Johnson, Ruth Quarles Woodward

DeVuyst Julian Richardville Woronchak

Nays--0

In The Chair: Patterson

Third Reading of Bills

House Bill No. 6017, entitled

A bill to commission and confer certain police and arrest powers on certain sergeants at arms and assistant sergeants at arms in the legislative branch; and to prescribe certain duties and responsibilities of certain state employees.

(The bill was read a third time, motion made to re-refer the bill to the Committee on House Oversight and Operations defeated and bill postponed for the day on November 29, see House Journal No. 66, p. 2395.)

The question being on the passage of the bill,

Reps. Julian, Rivet, Bradstreet and DeHart moved to amend the bill as follows:

1. Amend page 3, following line 4, by inserting:

"Sec. 2. (1) The house of representatives bipartisan sergeant at arms oversight committee is established. The house of representatives bipartisan sergeant at arms oversight committee shall consist of 6 members of the house of representatives and membership shall be equally divided between the majority and minority parties. The house of representatives bipartisan sergeant at arms oversight committee shall consist of all of the following members of the house of representatives:

(a) The speaker, who shall serve as chair.

(b) The majority floor leader.

(c) The minority leader.

(d) The minority floor leader.

(e) One member appointed by the majority caucus leader.

(f) One member appointed by the minority caucus leader.

(2) The house of representatives bipartisan sergeant at arms oversight committee shall recommend to the speaker of the house of representatives policy considerations that affect the powers of the sergeant at arms provided in this act.".

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

The question being on the passage of the bill,

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

Roll Call No. 983 Yeas--64

Allen DeWeese Kowall Rocca

Birkholz Ehardt Kuipers Sanborn

Bisbee Garcia LaSata Scranton

Bishop Gilbert Law Shackleton

Bovin Gosselin Lemmons Shulman

Bradstreet Green Mead Spade

Brewer Hager Middaugh Stamas

Brown, B. Hart Mortimer Switalski

Brown, C. Howell Pappageorge Toy

Byl Jansen Patterson Van Woerkom

Cassis Jelinek Perricone Vander Roest

Caul Jellema Pumford Vaughn

Clarke, H. Johnson, Rick Raczkowski Vear

DeHart Johnson, Ruth Richardville Voorhees

DeRossett Julian Richner Wojno

DeVuyst Koetje Rivet Woronchak

Nays--34

Baird Frank Kelly Quarles

Basham Garza Kilpatrick Rison

Bogardus Gieleghem LaForge Schauer

Brater Godchaux Lockwood Schermesser

Callahan Hale Martinez Sheltrown

Cherry Hanley Minore Stallworth

Clark, I. Hansen Price Thomas

Daniels Jacobs Prusi Woodward

Dennis Jamnick

In The Chair: Patterson

The House agreed to the title of the bill.

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

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

Reps. Bisbee, DeRossett, Gilbert, Howell, Julian, Kuipers, LaSata, Mortimer, Pappageorge, Richardville, Shackleton, Toy and Voorhees were named co-sponsors of the bill.

House Bill No. 6016, entitled

A bill to amend 1965 PA 203, entitled "Commission on law enforcement standards act," by amending sections 2 and 9a (MCL 28.602 and 28.609a), section 2 as amended and section 9a as added by 1998 PA 237.

(The bill was read a third time and postponed temporarily on November 29, see House Journal No. 66, p. 2395.)

The question being on the passage of the bill,

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

Roll Call No. 984 Yeas--66

Allen Ehardt Kuipers Rocca

Birkholz Garcia LaSata Sanborn

Bisbee Geiger Law Scranton

Bishop Gilbert Mead Shackleton

Bovin Green Middaugh Shulman

Bradstreet Hager Mortimer Spade

Brewer Hansen Neumann Stamas

Brown, B. Hart Pappageorge Switalski

Brown, C. Howell Patterson Toy

Byl Jansen Perricone Van Woerkom

Cassis Jelinek Pestka Vander Roest

Caul Jellema Pumford Vaughn

Clarke, H. Johnson, Rick Raczkowski Vear

DeHart Johnson, Ruth Richardville Voorhees

DeRossett Julian Richner Wojno

DeVuyst Koetje Rivet Woronchak

DeWeese Kowall

Nays--34

Baird Frank LaForge Rison

Basham Garza Lemmons Schauer

Bogardus Gieleghem Lockwood Schermesser

Brater Hale Martinez Sheltrown

Callahan Hanley O'Neil Stallworth

Cherry Jacobs Price Tesanovich

Clark, I. Jamnick Prusi Thomas

Daniels Kelly Quarles Woodward

Dennis Kilpatrick

In The Chair: Patterson

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 1965 PA 203, entitled "Commission on law enforcement standards act," by amending section 2 (MCL 28.602), as amended by 1998 PA 237.

The motion prevailed.

The House agreed to the title as amended.

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

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

Reps. Bradstreet, DeRossett, Jansen, Koetje, Pappageorge, Richardville, Toy, Vear and Voorhees were named
co-sponsors of the bill.

Second Reading of Bills

House Bill No. 4373, entitled

A bill to amend 1893 PA 206, entitled "The general property tax act," by amending sections 2, 8, 14, and 34c (MCL 211.2, 211.8, 211.14, and 211.34c), section 2 as amended by 1993 PA 313, section 8 as amended by 1983 PA 254, and section 34c as amended by 1996 PA 476.

Was read a second time, and the question being on the adoption of the proposed amendment previously recommended by the Committee on Tax Policy (for amendment, see House Journal No. 45 of 1999, p. 934),

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

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

The motion prevailed and the substitute (H-4) was adopted, a majority of the members serving voting therefor.

Rep. Cassis moved to amend the bill as follows:

1. Amend page 2, line 3, after "DECEMBER 31," by striking out "2000" and inserting "2001".

2. Amend page 4, line 4, after "JANUARY 1," by striking out "2001" and inserting "2002".

3. Amend page 4, line 8, after "DECEMBER 31," by striking out "2000" and inserting "2001".

4. Amend page 4, line 15, after "DECEMBER 31," by striking out "2000" and inserting "2001".

5. Amend page 6, line 11, after "JANUARY 1," by striking out "2001" and inserting "2002".

6. Amend page 6, line 23, after "DECEMBER 31," by striking out "2000" and inserting "2001".

7. Amend page 7, line 5, after "DECEMBER 31," by striking out "2000" and inserting "2001".

8. Amend page 13, line 23, by striking out "2001" and inserting "2002".

9. Amend page 14, line 13, after "DECEMBER 31," by striking out "2000" and inserting "2001".

10. Amend page 14, line 24, after "DECEMBER 31," by striking out "2000" and inserting "2001".

11. Amend page 21, line 26, after "JANUARY 1," by striking out "2001" and inserting "2002".

12. Amend page 22, line 6, after "DECEMBER 31," by striking out "2000" and inserting "2001".

13. Amend page 22, line 10, after "DECEMBER 31," by striking out "2000" and inserting "2001".

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

Rep. Cassis 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. 4373, entitled

A bill to amend 1893 PA 206, entitled "The general property tax act," by amending sections 2, 8, 14, and 34c (MCL 211.2, 211.8, 211.14, and 211.34c), section 2 as amended by 1993 PA 313, section 8 as amended by 1983 PA 254, and section 34c as amended by 1996 PA 476.

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

Roll Call No. 985 Yeas--89

Allen Frank Koetje Rison

Baird Garcia Kowall Rivet

Basham Garza LaSata Rocca

Birkholz Geiger Law Sanborn

Bisbee Gieleghem Lemmons Schauer

Bishop Gilbert Lockwood Scranton

Bogardus Gosselin Mead Shackleton

Bovin Green Middaugh Shulman

Brown, B. Hager Minore Spade

Brown, C. Hale Mortimer Stallworth

Byl Hanley Neumann Stamas

Callahan Hansen O'Neil Switalski

Cassis Howell Pappageorge Tabor

Caul Jacobs Patterson Thomas

Cherry Jamnick Perricone Toy

Clark, I. Jansen Pestka Van Woerkom

Clarke, H. Jelinek Price Vaughn

Daniels Jellema Pumford Vear

Dennis Johnson, Rick Quarles Voorhees

DeRossett Johnson, Ruth Raczkowski Wojno

DeVuyst Julian Richardville Woodward

DeWeese Kilpatrick Richner Woronchak

Ehardt

Nays--14

Bradstreet Godchaux LaForge Schermesser

Brater Hart Martinez Sheltrown

Brewer Kelly Prusi Vander Roest

DeHart Kuipers

In The Chair: Patterson

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 1893 PA 206, entitled "The general property tax act," by amending sections 2, 8, 9f, 14, and 34c (MCL 211.2, 211.8, 211.9f, 211.14, and 211.34c), section 2 as amended by 1993 PA 313, section 8 as amended by 1983 PA 254, section 9f as amended by 1999 PA 20, and section 34c as amended by 1996 PA 476.

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. 5333, entitled

A bill to amend 1986 PA 157, entitled "Michigan export development act," by amending section 2 (MCL 447.152), as amended by 1990 PA 304.

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

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

Rep. Ehardt 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. Vander Roest moved that Rep. Perricone be excused temporarily from today's session.

The motion prevailed.

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 5333, entitled

A bill to amend 1986 PA 157, entitled "Michigan export development act," by amending section 2 (MCL 447.152), as amended by 1990 PA 304.

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

Roll Call No. 986 Yeas--99

Allen Ehardt Koetje Rocca

Baird Frank Kowall Sanborn

Basham Garcia Kuipers Schauer

Birkholz Garza LaForge Schermesser

Bisbee Geiger LaSata Scranton

Bishop Gieleghem Law Shackleton

Bogardus Gilbert Lemmons Sheltrown

Bovin Godchaux Lockwood Shulman

Bradstreet Gosselin Martinez Spade

Brater Green Mead Stallworth

Brown, B. Hager Middaugh Stamas

Brown, C. Hanley Minore Switalski

Byl Hansen Mortimer Tabor

Callahan Hart Neumann Tesanovich

Cassis Howell O'Neil Thomas

Caul Jacobs Pappageorge Toy

Cherry Jamnick Patterson Van Woerkom

Clark, I. Jansen Pestka Vander Roest

Clarke, H. Jelinek Price Vaughn

Daniels Jellema Prusi Vear

DeHart Johnson, Rick Pumford Voorhees

Dennis Johnson, Ruth Raczkowski Wojno

DeRossett Julian Richardville Woodward

DeVuyst Kelly Richner Woronchak

DeWeese Kilpatrick Rivet

Nays--1

Brewer

In The Chair: Patterson

The House agreed to the title of the bill.

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

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

Second Reading of Bills

House Bill No. 5334, entitled

A bill to amend 1960 PA 136, entitled "Sale of checks act," by amending section 4 (MCL 487.904), as amended by 1990 PA 81.

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

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

Rep. Patterson 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. 5334, entitled

A bill to amend 1960 PA 136, entitled "Sale of checks act," by amending section 4 (MCL 487.904), as amended by 1990 PA 81.

Was read a third time and passed, 2/3 of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 987 Yeas--101

Allen Frank Koetje Rison

Baird Garcia Kowall Rivet

Basham Garza Kuipers Rocca

Birkholz Geiger LaForge Sanborn

Bisbee Gieleghem LaSata Schauer

Bishop Gilbert Law Schermesser

Bogardus Godchaux Lemmons Shackleton

Bovin Gosselin Lockwood Sheltrown

Bradstreet Green Martinez Shulman

Brater Hager Mead Spade

Brown, B. Hale Middaugh Stallworth

Brown, C. Hanley Minore Stamas

Byl Hansen Mortimer Switalski

Callahan Hart Neumann Tabor

Cassis Howell O'Neil Tesanovich

Caul Jacobs Pappageorge Thomas

Cherry Jamnick Patterson Toy

Clark, I. Jansen Pestka Van Woerkom

Clarke, H. Jelinek Price Vander Roest

Daniels Jellema Prusi Vaughn

DeHart Johnson, Rick Pumford Vear

Dennis Johnson, Ruth Quarles Voorhees

DeRossett Julian Raczkowski Wojno

DeVuyst Kelly Richardville Woodward

DeWeese Kilpatrick Richner Woronchak

Ehardt

Nays--1

Brewer

In The Chair: Patterson

The House agreed to the title of the bill.

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

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

Second Reading of Bills

House Bill No. 5336, entitled

A bill to amend 1998 PA 386, entitled "Estates and protected individuals code," by amending section 1214 (MCL 700.1214).

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

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

Rep. Wojno 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. Byl 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. 5336, entitled

A bill to amend 1998 PA 386, entitled "Estates and protected individuals code," by amending section 1214 (MCL 700.1214).

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

Roll Call No. 988 Yeas--101

Allen Ehardt Koetje Rivet

Baird Frank Kowall Rocca

Basham Garcia Kuipers Sanborn

Birkholz Garza LaSata Schauer

Bisbee Geiger Law Schermesser

Bishop Gieleghem Lemmons Scranton

Bogardus Gilbert Lockwood Shackleton

Bovin Godchaux Martinez Sheltrown

Bradstreet Gosselin Mead Shulman

Brater Green Middaugh Spade

Brewer Hager Minore Stallworth

Brown, B. Hale Mortimer Stamas

Brown, C. Hanley Neumann Switalski

Byl Hansen O'Neil Tabor

Callahan Hart Pappageorge Tesanovich

Cassis Howell Patterson Thomas

Caul Jacobs Pestka Toy

Cherry Jamnick Price Van Woerkom

Clark, I. Jansen Prusi Vander Roest

Clarke, H. Jelinek Pumford Vaughn

Daniels Jellema Quarles Vear

DeHart Johnson, Rick Raczkowski Voorhees

Dennis Johnson, Ruth Richardville Wojno

DeRossett Julian Richner Woodward

DeVuyst Kilpatrick Rison Woronchak

DeWeese

Nays--0

In The Chair: Patterson

The House agreed to the title of the bill.

Rep. Byl 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. 5343, entitled

A bill to amend 1986 PA 89, entitled "Michigan BIDCO act," by amending section 717 (MCL 487.1717).

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

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

Rep. Thomas 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. Byl 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. 5343, entitled

A bill to amend 1986 PA 89, entitled "Michigan BIDCO act," by amending section 717 (MCL 487.1717).

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

Roll Call No. 989 Yeas--100

Allen DeWeese Kelly Rivet

Baird Ehardt Kilpatrick Rocca

Basham Frank Koetje Sanborn

Birkholz Garcia Kowall Schauer

Bisbee Garza Kuipers Schermesser

Bishop Geiger LaForge Scranton

Bogardus Gieleghem LaSata Shackleton

Bovin Gilbert Law Sheltrown

Bradstreet Godchaux Lemmons Shulman

Brater Gosselin Lockwood Spade

Brewer Green Martinez Stallworth

Brown, B. Hager Mead Stamas

Brown, C. Hale Middaugh Switalski

Byl Hanley Minore Tabor

Callahan Hansen Mortimer Tesanovich

Cassis Hart Neumann Thomas

Caul Howell O'Neil Toy

Cherry Jacobs Pappageorge Van Woerkom

Clark, I. Jamnick Patterson Vander Roest

Clarke, H. Jansen Pestka Vaughn

Daniels Jelinek Price Vear

DeHart Jellema Prusi Voorhees

Dennis Johnson, Rick Pumford Wojno

DeRossett Johnson, Ruth Richardville Woodward

DeVuyst Julian Richner Woronchak

Nays--0

In The Chair: Patterson

The House agreed to the title of the bill.

Rep. Byl 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. 5332, entitled

A bill to amend 1976 PA 331, entitled "Michigan consumer protection act," by amending section 4 (MCL 445.904), as amended by 1993 PA 10.

Was read a second time, and the question being on the adoption of the proposed substitute (H-7) previously recommended by the Committee on Insurance and Financial Services,

The substitute (H-7) was adopted, a majority of the members serving voting therefor.

Rep. Bisbee 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. Byl 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. 5332, entitled

A bill to amend 1976 PA 331, entitled "Michigan consumer protection act," by amending section 4 (MCL 445.904), as amended by 1993 PA 10.

The bill was read a third time.

The question being on the passage of the bill,

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

The motion prevailed.

Second Reading of Bills

Senate Bill No. 746, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 20101b (MCL 324.20101b), as added by 1995 PA 71.

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

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

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

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

______

Rep. Vander Roest moved that Rep. DeWeese 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. 746, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 20101b (MCL 324.20101b), as added by 1995 PA 71.

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

Roll Call No. 990 Yeas--100

Allen Frank Kowall Rivet

Baird Garcia Kuipers Rocca

Basham Garza LaForge Sanborn

Birkholz Geiger LaSata Schauer

Bisbee Gieleghem Law Schermesser

Bishop Gilbert Lemmons Scranton

Bogardus Godchaux Lockwood Shackleton

Bovin Gosselin Martinez Sheltrown

Bradstreet Green Mead Shulman

Brater Hager Middaugh Spade

Brown, B. Hale Minore Stallworth

Brown, C. Hanley Mortimer Stamas

Byl Hansen Neumann Switalski

Callahan Hart O'Neil Tabor

Cassis Howell Pappageorge Tesanovich

Caul Jacobs Patterson Thomas

Cherry Jamnick Pestka Toy

Clark, I. Jansen Price Van Woerkom

Clarke, H. Jelinek Prusi Vander Roest

Daniels Jellema Pumford Vaughn

DeHart Johnson, Rick Quarles Vear

Dennis Johnson, Ruth Raczkowski Voorhees

DeRossett Julian Richardville Wojno

DeVuyst Kilpatrick Richner Woodward

Ehardt Koetje Rison Woronchak

Nays--0

In The Chair: Patterson

Pursuant to Joint Rule 20, the full title of the act shall be inserted to 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. Byl moved that the bill be given immediate effect.

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

______

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

The motion prevailed.

The House returned to the consideration of

House Bill No. 5332, entitled

A bill to amend 1976 PA 331, entitled "Michigan consumer protection act," by amending section 4 (MCL 445.904), as amended by 1993 PA 10.

(The bill was considered earlier today, see today's journal, p. 2426.)

The question being on the passage of the bill,

The bill was then not passed, a majority of the members serving not voting therefor, by yeas and nays, as follows:

Roll Call No. 991 Yeas--54

Allen Geiger Kowall Richner

Birkholz Gilbert Kuipers Rocca

Bisbee Gosselin LaSata Sanborn

Bishop Green Law Shackleton

Bradstreet Hager Mead Shulman

Brown, C. Hart Middaugh Stamas

Byl Howell Mortimer Tabor

Cassis Jansen O'Neil Toy

Caul Jelinek Pappageorge Van Woerkom

DeRossett Jellema Patterson Vander Roest

DeVuyst Johnson, Rick Perricone Vear

DeWeese Johnson, Ruth Pumford Voorhees

Ehardt Julian Raczkowski Woronchak

Garcia Koetje

Nays--46

Basham Dennis Lockwood Schauer

Bogardus Frank Martinez Schermesser

Bovin Garza Minore Sheltrown

Brater Gieleghem Neumann Spade

Brewer Hale Pestka Stallworth

Brown, B. Hanley Price Switalski

Callahan Hansen Prusi Tesanovich

Cherry Jacobs Quarles Thomas

Clark, I. Jamnick Richardville Vaughn

Clarke, H. Kelly Rison Wojno

Daniels LaForge Rivet Woodward

DeHart Lemmons

In The Chair: Patterson

Rep. Raczkowski moved to reconsider the vote by which the House did not pass the bill.

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

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

The motion prevailed.

Second Reading of Bills

Senate Bill No. 752, entitled

A bill to amend 1980 PA 307, entitled "Savings and loan act of 1980," by amending sections 107, 700, and 800 (MCL 491.107, 491.700, and 491.800), section 107 as added and sections 700 and 800 as amended by 1987 PA 106.

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

The substitute (H-1) 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. 752, entitled

A bill to amend 1980 PA 307, entitled "Savings and loan act of 1980," by amending sections 107, 700, and 800 (MCL 491.107, 491.700, and 491.800), section 107 as added and sections 700 and 800 as amended by 1987 PA 106.

Was read a third time and passed, 2/3 of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 992 Yeas--101

Allen Garcia Kuipers Rivet

Baird Garza LaForge Rocca

Basham Gieleghem LaSata Sanborn

Birkholz Gilbert Law Schauer

Bisbee Godchaux Lemmons Schermesser

Bishop Gosselin Lockwood Scranton

Bogardus Green Martinez Shackleton

Bovin Hager Mead Sheltrown

Bradstreet Hale Middaugh Shulman

Brater Hanley Minore Spade

Brown, B. Hansen Mortimer Stallworth

Brown, C. Hart Neumann Stamas

Byl Howell O'Neil Switalski

Callahan Jacobs Pappageorge Tabor

Cassis Jamnick Patterson Tesanovich

Caul Jansen Perricone Thomas

Cherry Jelinek Pestka Toy

Clarke, H. Jellema Price Van Woerkom

Daniels 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 Rison Woronchak

Frank

Nays--1

Brewer

In The Chair: Patterson

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

"An act to revise and codify the laws relating to savings and loan associations; to provide for the incorporation, regulation, supervision, and internal administration of associations; to prescribe the rights, powers, and immunities of associations; to provide for voluntary and involuntary changes in the corporate structure of associations; to prescribe the powers, rights, and duties of certain state agencies in relation to associations; to require certain reports and examinations of associations; to prescribe remedies and penalties for violations of this act; 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.

Second Reading of Bills

Senate Bill No. 612, entitled

A bill to amend 1978 PA 59, entitled "Condominium act," by amending sections 3, 6, 10, 45, 47a, 52, 58, 67, 73, 90, 108, 111, 112, 113, 132, and 135 (MCL 559.103, 559.106, 559.110, 559.145, 559.147a, 559.152, 559.158, 559.167, 559.173, 559.190, 559.208, 559.211, 559.212, 559.213, 559.232, and 559.235), sections 3, 10, 52, 67, 73, 112, and 135 as amended by 1982 PA 538, section 6 as amended by 1983 PA 113, section 47a as amended by 1998 PA 36, and section 90 as amended by 1988 PA 147, and by adding sections 72b, 90a, and 176.

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

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

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

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

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

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

By unanimous consent the House returned to the order of

Third Reading of Bills

Senate Bill No. 612, entitled

A bill to amend 1978 PA 59, entitled "Condominium act," by amending sections 3, 6, 10, 45, 47a, 52, 58, 67, 73, 90, 108, 111, 112, 113, 132, and 135 (MCL 559.103, 559.106, 559.110, 559.145, 559.147a, 559.152, 559.158, 559.167, 559.173, 559.190, 559.208, 559.211, 559.212, 559.213, 559.232, and 559.235), sections 3, 10, 52, 67, 73, 112, and 135 as amended by 1982 PA 538, section 6 as amended by 1983 PA 113, section 47a as amended by 1998 PA 36, and section 90 as amended by 1988 PA 147, and by adding sections 72b, 90a, and 176.

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

Roll Call No. 993 Yeas--103

Allen Ehardt Koetje Rivet

Baird Frank Kowall Rocca

Basham Garcia Kuipers Sanborn

Birkholz Garza LaForge Schauer

Bisbee Geiger LaSata Schermesser

Bishop Gieleghem Law Scranton

Bogardus Gilbert Lemmons Shackleton

Bovin Godchaux Lockwood Sheltrown

Bradstreet Gosselin Martinez Shulman

Brater Green Mead Spade

Brewer Hager Middaugh Stallworth

Brown, B. Hale Minore Stamas

Brown, C. Hanley Mortimer Switalski

Byl Hansen Neumann Tabor

Callahan Hart O'Neil Tesanovich

Cassis Howell Pappageorge Thomas

Caul Jacobs Patterson Toy

Cherry Jamnick Perricone Van Woerkom

Clark, I. Jansen Pestka Vander Roest

Clarke, H. Jelinek Price Vaughn

Daniels Jellema Prusi Vear

DeHart Johnson, Rick Pumford Voorhees

Dennis Johnson, Ruth Quarles Wojno

DeRossett Julian Richardville Woodward

DeVuyst Kelly Richner Woronchak

DeWeese Kilpatrick Rison

Nays--0

In The Chair: Patterson

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 1978 PA 59, entitled "An act relative to condominiums and condominium projects; to prescribe powers and duties of the administrator; to provide certain protections for certain tenants, senior citizens, and persons with disabilities relating to conversion condominium projects; to provide for escrow arrangements; to provide an exemption from certain property tax increases; to impose duties on certain state departments; to prescribe remedies and penalties; and to repeal acts and parts of acts," by amending sections 3, 6, 10, 40, 45, 47a, 52, 58, 67, 69, 73, 90, 106, 108, 111, 112, 113, 132, and 135 (MCL 559.103, 559.106, 559.110, 559.140, 559.145, 559.147a, 559.152, 559.158, 559.167, 559.169, 559.173, 559.190, 559.206, 559.208, 559.211, 559.212, 559.213, 559.232, and 559.235), sections 3, 10, 52, 67, 73, 112, and 135 as amended by 1982 PA 538, section 6 as amended by 1983 PA 113, section 47a as amended by 1998 PA 36, and section 90 as amended by 1988 PA 147, and by adding sections 72b, 90a, and 176.

The motion prevailed.

The House agreed to the title as amended.

Rep. Middaugh 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. 613, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 3240 (MCL 600.3240), as amended by 1996 PA 214.

The bill was read a second time.

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

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

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

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

By unanimous consent the House returned to the order of

Third Reading of Bills

Senate Bill No. 613, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 3240 (MCL 600.3240), as amended by 1996 PA 214.

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

Roll Call No. 994 Yeas--101

Allen Ehardt Koetje Rivet

Baird Frank Kowall Rocca

Basham Garcia Kuipers Sanborn

Birkholz Geiger LaForge Schauer

Bisbee Gieleghem LaSata Schermesser

Bishop Gilbert Law Scranton

Bogardus Godchaux Lemmons Shackleton

Bovin Gosselin Lockwood Sheltrown

Bradstreet Green Martinez Shulman

Brater Hager Mead Spade

Brewer Hale Middaugh Stallworth

Brown, B. Hanley Minore Stamas

Brown, C. Hansen Mortimer Switalski

Byl Hart Neumann Tabor

Callahan Howell O'Neil Tesanovich

Cassis Jacobs Pappageorge Thomas

Caul Jamnick Patterson Toy

Cherry Jansen Perricone Van Woerkom

Clark, I. Jelinek Pestka Vander Roest

Clarke, H. Jellema Price Vaughn

Daniels Johnson, Rick Prusi Vear

DeHart Johnson, Ruth Pumford Voorhees

Dennis Julian Raczkowski Wojno

DeRossett Kelly Richardville Woodward

DeVuyst Kilpatrick Richner Woronchak

DeWeese

Nays--0

In The Chair: Patterson

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

"An act to revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of such courts, and of the judges and other officers thereof; the forms and attributes of civil claims and actions; the time within which civil actions and proceedings may be brought in said courts; pleading, evidence, practice and procedure in civil and criminal actions and proceedings in said courts; to provide remedies and penalties for the violation of certain provisions of this act; to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act; and to repeal acts and parts of acts,".

The House agreed to the full title.

Rep. Middaugh 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. 1262, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," (MCL 380.1 to 380.1852) by adding section 1274b.

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

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

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

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

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

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

By unanimous consent the House returned to the order of

Third Reading of Bills

Senate Bill No. 1262, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," (MCL 380.1 to 380.1852) by adding section 1274b.

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

Roll Call No. 995 Yeas--97

Allen Frank LaSata Rocca

Baird Garcia Law Sanborn

Basham Garza Lemmons Schauer

Birkholz Geiger Lockwood Schermesser

Bisbee Gieleghem Martinez Scranton

Bishop Gilbert Mead Shackleton

Bogardus Gosselin Middaugh Sheltrown

Bovin Green Minore Shulman

Bradstreet Hager Mortimer Spade

Brater Hale Neumann Stallworth

Brown, B. Hanley O'Neil Stamas

Brown, C. Hansen Pappageorge Switalski

Byl Hart Patterson Tabor

Callahan Howell Perricone Tesanovich

Cassis Jacobs Pestka Thomas

Caul Jansen Price Toy

Cherry Jelinek Prusi Van Woerkom

Clark, I. Jellema Pumford Vander Roest

Clarke, H. Johnson, Rick Quarles Vaughn

Daniels Johnson, Ruth Raczkowski Vear

Dennis Julian Richardville Voorhees

DeRossett Koetje Richner Wojno

DeVuyst Kowall Rison Woodward

DeWeese LaForge Rivet Woronchak

Ehardt

Nays--2

Godchaux Kuipers

In The Chair: Patterson

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

"An act to provide a system of public instruction and elementary and secondary schools; to revise, consolidate, and clarify the laws relating to elementary and secondary education; to provide for the organization, regulation, and maintenance of schools, school districts, public school academies, and intermediate school districts; to prescribe rights, powers, duties, and privileges of schools, school districts, public school academies, and intermediate school districts; to provide for the regulation of school teachers and certain other school employees; to provide for school elections and to prescribe powers and duties with respect thereto; to provide for the levy and collection of taxes; to provide for the borrowing of money and issuance of bonds and other evidences of indebtedness; to establish a fund and provide for expenditures from that fund; to provide for and prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to provide for licensure of boarding schools; to prescribe penalties; and to repeal acts and parts of acts,".

The House agreed to the full title.

Rep. Middaugh 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. 6115, entitled

A bill to amend 1936 (Ex Sess) PA 1, entitled "Michigan employment security act," by amending section 43 (MCL 421.43), as amended by 1996 PA 145.

The bill was read a second time.

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

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

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

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

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 6115, entitled

A bill to amend 1936 (Ex Sess) PA 1, entitled "Michigan employment security act," by amending section 43 (MCL 421.43), as amended by 1996 PA 145.

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

Roll Call No. 996 Yeas--64

Allen Gilbert LaSata Rocca

Birkholz Godchaux Law Sanborn

Bisbee Gosselin Lockwood Scranton

Bishop Green Mead Shackleton

Bradstreet Hager Middaugh Sheltrown

Brown, B. Hart Mortimer Shulman

Brown, C. Howell Neumann Spade

Byl Jansen Pappageorge Stamas

Cassis Jelinek Patterson Switalski

Caul Jellema Perricone Tabor

DeRossett Johnson, Rick Pestka Toy

DeVuyst Johnson, Ruth Pumford Van Woerkom

DeWeese Julian Raczkowski Vander Roest

Ehardt Koetje Richardville Vear

Frank Kowall Richner Voorhees

Garcia Kuipers Rivet Woronchak

Nays--37

Baird Daniels Jamnick Rison

Basham DeHart Kelly Schauer

Bogardus Dennis LaForge Schermesser

Bovin Garza Lemmons Stallworth

Brater Gieleghem Martinez Tesanovich

Brewer Hale Minore Thomas

Callahan Hanley O'Neil Vaughn

Cherry Hansen Price Wojno

Clark, I. Jacobs Prusi Woodward

Clarke, H.

In The Chair: Patterson

The House agreed to the title of the bill.

Rep. Middaugh 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. 5869, entitled

A bill to create certain prescription programs relating to the elderly; to enhance access to prescription drugs to certain elderly residents of the state; to prescribe the powers and duties of certain state departments and agencies; 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-1) previously recommended by the Committee on Appropriations,

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

Rep. Middaugh 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. Byl 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. 5869, entitled

A bill to create certain prescription programs relating to the elderly; to enhance access to prescription drugs to certain elderly residents of the state; to prescribe the powers and duties of certain state departments and agencies; 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. 997 Yeas--101

Allen Frank Kowall Rison

Baird Garcia Kuipers Rivet

Basham Garza LaForge Rocca

Birkholz Geiger LaSata Sanborn

Bisbee Gieleghem Law Schauer

Bishop Gilbert Lemmons Schermesser

Bogardus Godchaux Lockwood Scranton

Bovin Gosselin Martinez Shackleton

Bradstreet Green Mead Sheltrown

Brater Hager Middaugh Shulman

Brewer Hale Minore Spade

Brown, B. Hanley Mortimer Stallworth

Brown, C. Hansen Neumann Stamas

Byl Hart O'Neil Switalski

Callahan Howell Pappageorge Tesanovich

Cassis Jacobs Patterson Thomas

Caul Jamnick Perricone Toy

Cherry Jansen Pestka Van Woerkom

Clark, I. Jelinek Price Vander Roest

Clarke, H. Jellema Prusi Vaughn

DeHart Johnson, Rick Pumford Vear

Dennis Johnson, Ruth Quarles Voorhees

DeRossett Julian Raczkowski Wojno

DeVuyst Kelly Richardville Woodward

DeWeese Koetje Richner Woronchak

Ehardt

Nays--0

In The Chair: Patterson

The House agreed to the title of the bill.

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

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

Reps. Allen, Basham, Bisbee, Bogardus, Bradstreet, Brater, Bob Brown, Byl, Callahan, Cassis, Caul, Cherry, Clark, Clarke, DeHart, Dennis, DeRossett, DeWeese, Ehardt, Garza, Geiger, Gieleghem, Godchaux, Gosselin, Hager, Hale, Hanley, Hansen, Jacobs, Jansen, Jellema, Jelinek, Ruth Johnson, Law, Lemmons, Lockwood, Martinez, Mead, Minore, O'Neil, Patterson, Pestka, Price, Prusi, Pumford, Rivet, Rocca, Schauer, Schermesser, Shackleton, Sheltrown, Shulman, Spade, Stallworth, Tabor, Tesanovich, Thomas, Toy, Van Woerkom, Vaughn, Vear, Voorhees and Woronchak were named co-sponsors of the bill.

Second Reading of Bills

House Bill No. 6094, entitled

A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding section 21734.

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

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

Rep. DeHart moved to amend the bill as follows:

1. Amend page 3, following line 18, by inserting:

"(6) IF NO UNIFORM STANDARDS CAN BE DEVELOPED BY THIS ADVISORY COMMITTEE, THEN THE LEGISLATURE MAY TAKE THE NECESSARY STEPS TO REPEAL THIS AMENDATORY ACT.".

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

Reps. Kuipers, DeHart and Voorhees moved to amend the bill as follows:

1. Amend page 2, line 20, after "APPOINT" by striking out "10" and inserting "12".

2. Amend page 3, following line 5, by inserting:

"(G) TWO MEMBERS SHALL BE EITHER A RESIDENT OR A FAMILY MEMBER OF A RESIDENT.".

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

Rep. Kuipers 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. Byl 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. 6094, entitled

A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding section 21734.

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

Roll Call No. 998 Yeas--88

Allen Ehardt Julian Richner

Baird Frank Kelly Rison

Basham Garcia Koetje Rivet

Birkholz Garza Kowall Rocca

Bisbee Geiger Kuipers Sanborn

Bishop Gieleghem LaForge Schauer

Bogardus Gilbert LaSata Schermesser

Bovin Godchaux Law Scranton

Bradstreet Gosselin Lemmons Shackleton

Brewer Green Lockwood Sheltrown

Brown, B. Hager Mead Spade

Brown, C. Hale Middaugh Stamas

Byl Hanley Mortimer Switalski

Callahan Hansen Neumann Tabor

Cassis Hart O'Neil Toy

Caul Howell Pappageorge Van Woerkom

Clark, I. Jamnick Patterson Vander Roest

Clarke, H. Jansen Perricone Vaughn

DeHart Jelinek Pestka Vear

DeRossett Jellema Pumford Voorhees

DeVuyst Johnson, Rick Raczkowski Wojno

DeWeese Johnson, Ruth Richardville Woronchak

Nays--14

Brater Jacobs Quarles Tesanovich

Cherry Martinez Shulman Thomas

Daniels Price Stallworth Woodward

Dennis Prusi

In The Chair: Patterson

The House agreed to the title of the bill.

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

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

Reps. Birkholz, Callahan, Hart, Pappageorge, Shackleton, Spade and Vaughn were named co-sponsors of the bill.

Second Reading of Bills

Senate Bill No. 1057, entitled

A bill to repeal 1863 PA 211, entitled "An act to establish a military school in connection with the agricultural college," (MCL 390.171 to 390.173).

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.

By unanimous consent the House returned to the order of

Third Reading of Bills

Senate Bill No. 1057, entitled

A bill to repeal 1863 PA 211, entitled "An act to establish a military school in connection with the agricultural college," (MCL 390.171 to 390.173).

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

Roll Call No. 999 Yeas--103

Allen Ehardt Koetje Rison

Baird Frank Kowall Rocca

Basham Garcia Kuipers Sanborn

Birkholz Garza LaForge Schauer

Bisbee Geiger LaSata Schermesser

Bishop Gieleghem Law Scranton

Bogardus Gilbert Lemmons Shackleton

Bovin Godchaux Lockwood Sheltrown

Bradstreet Gosselin Martinez Shulman

Brater Green Mead Spade

Brewer Hager Middaugh Stallworth

Brown, B. Hale Minore Stamas

Brown, C. Hanley Mortimer Switalski

Byl Hansen Neumann Tabor

Callahan Hart O'Neil Tesanovich

Cassis Howell Pappageorge Thomas

Caul Jacobs Patterson Toy

Cherry Jamnick Perricone Van Woerkom

Clark, I. Jansen Pestka Vander Roest

Clarke, H. Jelinek Price Vaughn

Daniels Jellema Prusi Vear

DeHart Johnson, Rick Pumford Voorhees

Dennis Johnson, Ruth Quarles Wojno

DeRossett Julian Raczkowski Woodward

DeVuyst Kelly Richardville Woronchak

DeWeese Kilpatrick Richner

Nays--0

In The Chair: Patterson

The House agreed to the title of the bill.

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

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

Second Reading of Bills

Senate Bill No. 1124, entitled

A bill to repeal 1887 PA 229, entitled "An act establishing a lien for labor and services upon lumber, shingles, logs, timber, cedar posts, telegraph poles, railroad ties, bark, shingle-bolts, stave-bolts, staves, cord-wood, pulp-wood, hop-poles, hoop-poles, veneering wood and all other forest products, and to repeal Act No. 145 of the Session Laws of 1881, entitled "An act establishing a lien for labor and services upon logs, timber, cedar posts, telegraph poles, railroad ties, tanbark, shingle-bolts and staves, and to repeal Act No. 185 of the Session Laws of 1873, entitled 'An act establishing a lien for labor and services upon logs and timber, as amended by Act No. 253 of the Public Acts of 1879'," (MCL 426.1 to 426.15).

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.

By unanimous consent the House returned to the order of

Third Reading of Bills

Senate Bill No. 1124, entitled

A bill to repeal 1887 PA 229, entitled "An act establishing a lien for labor and services upon lumber, shingles, logs, timber, cedar posts, telegraph poles, railroad ties, bark, shingle-bolts, stave-bolts, staves, cord-wood, pulp-wood, hop-poles, hoop-poles, veneering wood and all other forest products, and to repeal Act No. 145 of the Session Laws of 1881, entitled "An act establishing a lien for labor and services upon logs, timber, cedar posts, telegraph poles, railroad ties, tanbark, shingle-bolts and staves, and to repeal Act No. 185 of the Session Laws of 1873, entitled 'An act establishing a lien for labor and services upon logs and timber, as amended by Act No. 253 of the Public Acts of 1879'," (MCL 426.1 to 426.15).

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

Roll Call No. 1000 Yeas--100

Allen Ehardt Kilpatrick Rison

Baird Frank Koetje Rivet

Basham Garcia Kowall Rocca

Birkholz Garza Kuipers Sanborn

Bisbee Geiger LaForge Schauer

Bishop Gieleghem LaSata Schermesser

Bogardus Gilbert Law Scranton

Bovin Godchaux Lemmons Shackleton

Bradstreet Gosselin Lockwood Shulman

Brater Green Martinez Spade

Brewer Hager Mead Stallworth

Brown, B. Hale Mortimer Stamas

Brown, C. Hanley Neumann Switalski

Byl Hansen O'Neil Tabor

Callahan Hart Pappageorge Tesanovich

Cassis Howell Patterson Thomas

Caul Jacobs Perricone Toy

Cherry Jamnick Pestka Van Woerkom

Clark, I. Jansen Price Vander Roest

Clarke, H. Jelinek Prusi Vaughn

Daniels Jellema Pumford Vear

Dennis Johnson, Rick Quarles Voorhees

DeRossett Johnson, Ruth Raczkowski Wojno

DeVuyst Julian Richardville Woodward

DeWeese Kelly Richner Woronchak

Nays--2

Middaugh Sheltrown

In The Chair: Patterson

The House agreed to the title of the bill.

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

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

______

Associate Speaker Pro Tempore Scranton assumed the Chair.

The question being on the motion made previously by Rep. Raczkowski to reconsider the vote by which House Bill No. 5332 did not pass,

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

The House returned to the consideration of

House Bill No. 5332, entitled

A bill to amend 1976 PA 331, entitled "Michigan consumer protection act," by amending section 4 (MCL 445.904), as amended by 1993 PA 10.

(The bill was considered earlier today, see today's journal, p. 2427.)

The question being on the passage of the bill,

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

Roll Call No. 1001 Yeas--55

Allen Geiger Kowall Rocca

Birkholz Gilbert Kuipers Sanborn

Bisbee Godchaux LaSata Scranton

Bishop Gosselin Law Shackleton

Bradstreet Hager Mead Shulman

Brown, C. Hart Middaugh Stamas

Byl Howell Mortimer Tabor

Cassis Jansen O'Neil Toy

Caul Jelinek Pappageorge Van Woerkom

DeRossett Jellema Perricone Vander Roest

DeVuyst Johnson, Rick Pumford Vear

DeWeese Johnson, Ruth Raczkowski Voorhees

Ehardt Julian Richardville Woronchak

Garcia Koetje Richner

Nays--39

Basham Dennis Lockwood Schermesser

Bogardus Frank Martinez Sheltrown

Bovin Garza Minore Spade

Brater Gieleghem Neumann Stallworth

Brewer Hanley Pestka Switalski

Brown, B. Hansen Price Thomas

Callahan Jacobs Prusi Vaughn

Clark, I. Jamnick Rison Wojno

Clarke, H. Kelly Rivet Woodward

DeHart LaForge Schauer

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

House Bill No. 4766, entitled

A bill to amend 1964 PA 154, entitled "Minimum wage law of 1964," by amending the title and section 3 (MCL 408.383).

Was read a second time, and the question being on the adoption of the proposed substitute (H-3) previously recommended by the Committee on Employment Relations, Training and Safety,

The substitute (H-3) was adopted, a majority of the members serving voting therefor.

Rep. Basham moved to amend the bill as follows:

1. Amend page 2, following line 5, by inserting:

"(3) A LOCAL UNIT OF GOVERNMENT SHALL NOT ENACT OR ENFORCE A LICENSING FEE TO HUNT MOURNING DOVES OR LAME DUCKS AS PRESCRIBED BY THE NATURAL RESOURCES COMMISSION.".

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

Rep. Basham demanded the yeas and nays.

The demand was supported.

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

Point of Order

Rep. Raczkowski requested a ruling from the Chair regarding the germaneness of the amendment offered by
Rep. Basham.

The Chair ruled that the amendment is not germane.

Rep. Woodward moved to amend the bill as follows:

1. Amend page 2, following line 5, by inserting:

"(3) THE PROHIBITORY LANGUAGE OF THIS AMENDATORY ACT SHALL NOT APPLY TO AN EMPLOYER WHO RECEIVES A TAX ABATEMENT FROM A LOCAL UNIT OF GOVERNMENT.".

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

Rep. Woodward demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 1002 Yeas--47

Basham Dennis LaForge Rivet

Bogardus DeWeese Lemmons Schermesser

Bovin Frank Lockwood Sheltrown

Brater Garza Martinez Spade

Brewer Gieleghem Minore Stallworth

Brown, B. Hale Neumann Switalski

Callahan Hanley O'Neil Tesanovich

Cherry Hansen Pestka Thomas

Clark, I. Jacobs Price Vaughn

Clarke, H. Jamnick Prusi Wojno

Daniels Kelly Quarles Woodward

DeHart Kilpatrick Rison

Nays--53

Allen Godchaux Kowall Rocca

Birkholz Gosselin Kuipers Sanborn

Bisbee Green LaSata Scranton

Bishop Hager Mead Shackleton

Bradstreet Hart Middaugh Shulman

Brown, C. Howell Mortimer Stamas

Byl Jansen Pappageorge Tabor

Cassis Jelinek Patterson Toy

Caul Jellema Perricone Van Woerkom

DeRossett Johnson, Rick Pumford Vander Roest

DeVuyst Johnson, Ruth Raczkowski Vear

Ehardt Julian Richardville Voorhees

Garcia Koetje Richner Woronchak

Gilbert

In The Chair: Scranton

Rep. DeWeese moved to amend the bill as follows:

1. Amend page 1, line 11, after "RULE," by inserting "OR".

2. Amend page 1, line 11, after "RESOLUTION," by striking out the balance of the line through "CONTRACT," on line 1 of page 2.

3. Amend page 2, line 2, after "RATE." by inserting "THIS SUBSECTION SHALL NOT PROHIBIT A LOCAL UNIT OF GOVERNMENT FROM ENACTING, MAINTAINING, OR ENFORCING THROUGH A COLLECTIVE BARGAINING AGREEMENT OR OTHER MEANS A MINIMUM WAGE REQUIREMENT GOVERNING COMPENSATION PAID BY THAT LOCAL UNIT OF GOVERNMENT TO EMPLOYEES OF THAT LOCAL UNIT OF GOVERNMENT.".

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

Rep. DeWeese moved to amend the bill as follows:

1. Amend page 1, line 10, after "(2)" by inserting "EXCEPT AS OTHERWISE PROVIDED IN SUBSECTION (3),".

2. Amend page 2, following line 5, by inserting:

"(3) SUBSECTION (2) SHALL NOT LIMIT A LOCAL PREVAILING WAGE REQUIREMENT OR THE PREVAILING WAGE REQUIREMENTS SET FORTH IN 1965 PA 166, MCL 408.551 TO 408.558. AS USED IN THIS SUBSECTION:

(A) "CONSTRUCTION MECHANIC" MEANS A SKILLED OR UNSKILLED MECHANIC, LABORER, WORKER, HELPER, ASSISTANT, OR APPRENTICE WORKING ON A PROJECT FUNDED IN WHOLE OR IN PART BY A LOCAL UNIT OF GOVERNMENT. CONSTRUCTION MECHANIC DOES NOT INCLUDE EXECUTIVE, ADMINISTRATIVE, PROFESSIONAL, OFFICE, OR CUSTODIAL EMPLOYEES.

(B) "LOCAL PREVAILING WAGE REQUIREMENT" MEANS AN ORDINANCE, RULE, RESOLUTION, OR REGULATION ADOPTED BY A LOCAL UNIT OF GOVERNMENT OR AN EXPRESS PROVISION IN A CONTRACT EXECUTED BETWEEN A LOCAL UNIT OF GOVERNMENT AND A CONTRACTOR FOR A PROJECT THAT REQUIRES OR INVOLVES THE EMPLOYMENT OF 1 OR MORE CONSTRUCTION MECHANICS, OTHER THAN THOSE SUBJECT TO THE JURISDICTION OF THE STATE CIVIL SERVICE COMMISSION, WHICH ORDINANCE, RULE, RESOLUTION, REGULATION, OR CONTRACT PROVISION STATES THAT THE RATES OF WAGES AND FRINGE BENEFITS TO BE PAID TO EACH CLASS OF CONSTRUCTION MECHANIC BY A CONTRACTOR AND ALL SUBCONTRACTORS, SHALL BE NOT LESS THAN THE WAGE AND FRINGE BENEFIT RATES PREVAILING IN THE LOCALITY IN WHICH THE WORK IS TO BE PERFORMED.".

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

Rep. LaForge moved to amend the bill as follows:

1. Amend page 2, line 2, after "RATE" by striking out the balance of the subsection and inserting "UNLESS THAT MINIMUM WAGE REQUIREMENT CONFORMS WITH SUBSECTION (3).".

2. Amend page 2, following line 5, following subsection (3), by inserting:

"(3) A LOCAL UNIT OF GOVERNMENT MAY ENACT, MAINTAIN, OR ENFORCE BY CHARTER, ORDINANCE, REGULATION, RULE, OR RESOLUTION A MINIMUM WAGE REQUIREMENT THAT IS GREATER THAN THE APPLICABLE RATE FOR ALL EMPLOYERS LOCATED WITHIN OR CONTRACTORS ENTERING INTO A CONTRACT WITH THE LOCAL UNIT OF GOVERNMENT IF ALL OF THE FOLLOWING REQUIREMENTS ARE SATISFIED:

(A) EMPLOYERS OR CONTRACTORS SHALL PAY EMPLOYEES A MINIMUM WAGE OF NOT LESS THAN EITHER OF THE FOLLOWING:

(i) IF THE EMPLOYER OR CONTRACTOR PROVIDES THE EMPLOYEE WITH QUALIFIED MEDICAL BENEFITS AS PROVIDED IN THIS SUBPARAGRAPH, $14.50 PER HOUR. QUALIFIED MEDICAL BENEFITS SHALL CONSIST OF NOT LESS THAN $1.25 PER HOUR TOWARDS THE PROVISION OF HEALTH CARE BENEFITS FOR AN EMPLOYEE AND HIS OR HER DEPENDENTS. THE EMPLOYER OR CONTRACTOR SHALL PROVIDE PROOF OF THE PROVISION OF QUALIFIED MEDICAL BENEFITS TO THE LOCAL UNIT OF GOVERNMENT NOT LATER THAN 30 DAYS AFTER TRANSACTING BUSINESS WITHIN THE LOCAL UNIT OF GOVERNMENT OR EXECUTING A CONTRACT WITH THE LOCAL UNIT OF GOVERNMENT TO QUALIFY FOR THE WAGE RATE UNDER THIS SUBPARAGRAPH.

(ii) IF THE EMPLOYER OR CONTRACTOR DOES NOT PROVIDE THE EMPLOYEE WITH QUALIFIED MEDICAL BENEFITS AS PROVIDED IN THIS SUBSECTION, $15.75 PER HOUR.

(B) THE MINIMUM WAGE AND QUALIFIED MEDICAL BENEFITS PROVIDED UNDER SUBDIVISION (A) SHALL BE ADJUSTED EACH JANUARY 1 PURSUANT TO THE ANNUAL AVERAGE PERCENTAGE INCREASE OR DECREASE IN THE DETROIT CONSUMER PRICE INDEX FOR ALL ITEMS AS REPORTED BY THE UNITED STATES DEPARTMENT OF LABOR.

(C) AN EMPLOYER OR CONTRACTOR SHALL PROVIDE EMPLOYEES NOT LESS THAN 16 DAYS OFF PER YEAR FOR SICK LEAVE, VACATION, OR PERSONAL NECESSITY AT THE EMPLOYEE'S REQUEST. COMPENSATED DAYS OFF SHALL ACCRUE AND BE ADMINISTERED AS FOLLOWS:

(i) NOT LESS THAN 1 COMPENSATED DAY OFF PER MONTH OF FULL-TIME EMPLOYMENT.

(ii) NOT LESS THAN 1 ADDITIONAL COMPENSATED DAY OFF FOR EACH 3 MONTHS OF FULL-TIME EMPLOYMENT.

(iii) PART-TIME EMPLOYEES SHALL ACCRUE COMPENSATED DAYS OFF IN INCREMENTS PROPORTIONAL TO THAT ACCRUED BY FULL-TIME EMPLOYEES.

(iv) EMPLOYEES SHALL BE ELIGIBLE TO USE ACCRUED DAYS OFF AFTER THE FIRST 6 MONTHS OF EMPLOYMENT OR CONSISTENT WITH THE EMPLOYER'S OR CONTRACTOR'S POLICY, WHICHEVER IS SOONER.

(v) NOT MORE THAN 6 PAID HOLIDAYS, CONSISTENT WITH THE EMPLOYER'S OR CONTRACTOR'S ESTABLISHED POLICY, MAY BE COUNTED TOWARD THE NUMBER OF DAYS OFF REQUIRED UNDER THIS SUBDIVISION.

(vi) COMPENSATED DAYS OFF SHALL ACCRUE YEAR TO YEAR.

(D) IN ADDITION TO THE NUMBER OF COMPENSATED DAYS OFF PROVIDED UNDER SUBDIVISION (C), AN EMPLOYER OR CONTRACTOR SHALL ALSO PROVIDE EMPLOYEES NOT LESS THAN 10 ADDITIONAL DAYS OF UNCOMPENSATED TIME OFF PER YEAR.

(4) AS USED IN THIS SECTION, "LOCAL UNIT OF GOVERNMENT" MEANS A CITY, COUNTY, TOWNSHIP, VILLAGE, SCHOOL DISTRICT, INTERMEDIATE SCHOOL DISTRICT, OR ANY POLITICAL SUBDIVISION OF THIS STATE.".

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

Point of Order

Rep. Raczkowski requested a ruling from the Chair regarding the germaneness of the amendments offered by Rep. LaForge.

The Chair ruled that the amendments are not germane pursuant to House Rule 64. The amendments introduce a new proposition which is not germane to the subject matter of the bill as it was originally introduced and as it is currently before the House.

Rep. Richner 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. 4766, entitled

A bill to amend 1964 PA 154, entitled "Minimum wage law of 1964," by amending the title and section 3 (MCL 408.383).

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

Roll Call No. 1003 Yeas--55

Allen Geiger Koetje Richner

Birkholz Gilbert Kowall Sanborn

Bisbee Godchaux Kuipers Scranton

Bishop Gosselin LaSata Shackleton

Bradstreet Green Law Shulman

Brown, C. Hager Mead Stamas

Byl Hart Middaugh Tabor

Cassis Howell Mortimer Toy

Caul Jansen Pappageorge Van Woerkom

DeRossett Jelinek Patterson Vander Roest

DeVuyst Jellema Perricone Vear

DeWeese Johnson, Rick Pumford Voorhees

Ehardt Johnson, Ruth Raczkowski Woronchak

Garcia Julian Richardville

Nays--46

Basham Dennis Martinez Schauer

Bogardus Frank Minore Schermesser

Bovin Garza Neumann Sheltrown

Brater Gieleghem O'Neil Spade

Brewer Hale Pestka Stallworth

Brown, B. Hanley Price Switalski

Callahan Hansen Prusi Tesanovich

Cherry Jamnick Quarles Thomas

Clark, I. Kelly Rison Vaughn

Clarke, H. Kilpatrick Rivet Wojno

Daniels LaForge Rocca Woodward

DeHart Lockwood

In The Chair: Scranton

The House agreed to the title of the bill.

Second Reading of Bills

House Bill No. 5812, entitled

A bill to amend 1990 PA 271, entitled "Limousine transportation act," by amending sections 7 and 33 (MCL 257.1907 and 257.1933).

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

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

Reps. DeRossett and Lemmons moved to amend the bill as follows:

1. Amend page 1, line 4, by striking out all of line 4 through "TRIP." on line 11.

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

"(3) A PERSON LICENSED UNDER THIS ACT IS PROHIBITED FROM PICKING UP OR TRANSPORTING PASSENGERS THAT ARE NOT PRESCHEDULED UNLESS PERMITTED BY A LOCAL GOVERNING AUTHORITY. A LOCAL GOVERNING AUTHORITY MAY IMPOSE FINES FOR FAILURE TO COMPLY WITH THIS SUBSECTION.".

The question being on the adoption of the amendments offered by Reps. DeRossett and Lemmons,

Rep. DeRossett demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendments offered by Reps. DeRossett and Lemmons,

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

Roll Call No. 1004 Yeas--59

Basham Dennis LaForge Rison

Bogardus DeRossett LaSata Rivet

Bovin Frank Lemmons Rocca

Bradstreet Garza Lockwood Schermesser

Brater Gieleghem Martinez Sheltrown

Brewer Hale Middaugh Spade

Brown, B. Hanley Minore Stallworth

Brown, C. Hansen Neumann Switalski

Byl Hart O'Neil Tesanovich

Callahan Jacobs Pestka Thomas

Cherry Jansen Price Vaughn

Clark, I. Johnson, Ruth Prusi Wojno

Clarke, H. Kelly Quarles Woodward

Daniels Kilpatrick Richardville Woronchak

DeHart Kowall Richner

Nays--37

Allen Godchaux Koetje Shackleton

Birkholz Green Kuipers Shulman

Bisbee Hager Mead Stamas

Bishop Howell Mortimer Tabor

Cassis Jamnick Pappageorge Toy

Caul Jelinek Patterson Van Woerkom

DeWeese Jellema Perricone Vander Roest

Garcia Johnson, Rick Pumford Vear

Geiger Julian Scranton Voorhees

Gilbert

In The Chair: Scranton

Rep. Hale moved to amend the bill as follows:

1. Amend page 2, line 4, after "BOTH." by inserting "FIFTY PERCENT OF THE INCOME FROM THE SALE OF BONDS REQUIRED TO BE OBTAINED BY THE VEHICLE FOR HIRE ORDINANCE OF A CITY WITH A POPULATION OF 250,000 OR MORE SHALL BE DEPOSITED INTO A FUND TO BE ADMINISTERED BY THAT CITY FOR THE PURPOSE OF ASSISTING LICENSED TAXICAB DRIVERS IN ACQUIRING HEALTH CARE INSURANCE. THIS FUND SHALL BE ESTABLISHED NO LATER THAN MARCH 1, 2001.".

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

Rep. Hale demanded the yeas and nays.

The demand was supported.

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

Point of Order

Rep. Raczkowski requested a ruling from the Chair regarding the germaneness of the amendment offered by Rep. Hale.

The Chair ruled that the amendment is not germane pursuant to House Rule 64. The amendment introduce a new proposition which is not germane to the subject matter of the bill as it was originally introduced and as it is currently before the House.

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

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

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

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

______

Rep. Sanborn moved that Rep. Jansen be excused temporarily from today's session.

The motion prevailed.

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

The motion prevailed.

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

The motion prevailed.

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 5812, entitled

A bill to amend 1990 PA 271, entitled "Limousine transportation act," by amending sections 7 and 33 (MCL 257.1907 and 257.1933).

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

Roll Call No. 1005 Yeas--95

Allen Frank LaForge Rivet

Basham Garcia LaSata Rocca

Birkholz Garza Law Sanborn

Bisbee Geiger Lemmons Schauer

Bishop Gieleghem Lockwood Schermesser

Bogardus Gilbert Martinez Scranton

Bovin Green Mead Shackleton

Bradstreet Hager Middaugh Sheltrown

Brater Hanley Minore Shulman

Brewer Hansen Mortimer Spade

Brown, B. Hart Neumann Stamas

Brown, C. Howell O'Neil Switalski

Byl Jacobs Pappageorge Tabor

Callahan Jamnick Patterson Tesanovich

Cassis Jelinek Perricone Thomas

Caul Jellema Pestka Toy

Cherry Johnson, Rick Price Van Woerkom

Clark, I. Johnson, Ruth Prusi Vander Roest

Clarke, H. Julian Pumford Vear

Daniels Kelly Quarles Voorhees

Dennis Kilpatrick Raczkowski Wojno

DeRossett Koetje Richardville Woodward

DeVuyst Kowall Richner Woronchak

Ehardt Kuipers Rison

Nays--3

Godchaux Stallworth Vaughn

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 1990 PA 271, entitled "Limousine transportation act," by amending section 7 (MCL 257.1907).

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. Sanborn moved that the Committee on Tax Policy be discharged from further consideration of House Bill No. 6095.

(For first notice see House Journal No. 66, p. 2413.)

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

The motion prevailed.

______

The Speaker Pro Tempore assumed the Chair.

Reports of Standing Committees

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

House Bill No. 5763, entitled

A bill to amend 1964 PA 265, entitled "Uniform securities act," by amending the title and sections 101, 102, 103, 201, 202, 203, 204, 301, 304a, 305, 401, 402, 403, 405, 406, 409, 410, 412, 413, 414, and 417 (MCL 451.501, 451.502, 451.503, 451.601, 451.602, 451.603, 451.604, 451.701, 451.704a, 451.705, 451.801, 451.802, 451.803, 451.805, 451.806, 451.809, 451.810, 451.812, 451.813, 451.814, and 451.817), section 201 as amended by 1996 PA 349, sections 202, 203, 402, and 410 as amended by 1990 PA 150, section 304a as added and section 305 as amended by 1996 PA 529, sections 401 and 409 as amended by 1988 PA 408, and section 413 as amended by 1992 PA 207, and by adding sections 202a and 308.

With the recommendation that the substitute (H-1) be adopted and that the bill then pass.

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

Favorable Roll Call

HB 5763 To Report Out:

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

Nays: None.

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

House Bill No. 5962, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending sections 1304, 1304a, 1308, 1309, 1310, 1311, 1312, 1313, 1314, 1315, 1316, 1317, 1319, 1320, 1321, 1322, 1323, 1324, 1326, 1327, 1328, 1330, 1331, 1340, 1341, 1342, 1345, and 1346 (MCL 600.1304, 600.1304a, 600.1308, 600.1309, 600.1310, 600.1311, 600.1312, 600.1313, 600.1314, 600.1315, 600.1316, 600.1317, 600.1319, 600.1320, 600.1321, 600.1322, 600.1323, 600.1324, 600.1326, 600.1327, 600.1328, 600.1330, 600.1331, 600.1340, 600.1341, 600.1342, 600.1345, and 600.1346), sections 1304, 1310, 1311, and 1312 as amended by 1986 PA 104; and to repeal acts and parts of acts.

With the recommendation that the substitute (H-1) be adopted and that the bill then pass.

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

Favorable Roll Call

HB 5962 To Report Out:

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

Nays: None.

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

Senate Bill No. 863, entitled

A bill to amend 1998 PA 386, entitled "Estates and protected individuals code," by amending sections 1106, 5106, 5313, and 5409 (MCL 700.1106, 700.5106, 700.5313, and 700.5409), section 1106 as amended by 2000 PA 54, section 5313 as amended by 2000 PA 312, and section 5409 as amended by 1998 PA 386.

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

1. Amend page 5, line 11, by striking out "INCAPACITATED" and inserting "developmentally disabled".

2. Amend page 5, line 11, after "individual's" by inserting a comma and "INCAPACITATED INDIVIDUAL'S,".

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

Favorable Roll Call

SB 863 To Report Out:

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

Nays: None.

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

Senate Bill No. 1170, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," (MCL 600.101 to 600.9948) by adding section 2971.

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

1. Amend page 2, following line 6, by inserting:

"Enacting section 1. This amendatory act applies only to a cause of action arising on or after the effective date of this amendatory act.".

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

Favorable Roll Call

SB 1170 To Report Out:

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

Nays: Reps. Baird, Minore.

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

Senate Bill No. 1244, entitled

A bill to amend 1970 PA 91, entitled "Child custody act of 1970," (MCL 722.21 to 722.30) by adding section 11.

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 1244 To Report Out:

Yeas: Reps. Richner, Shulman, Hart, Koetje, Voorhees, Switalski,

Nays: None.

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

Senate Bill No. 1313, entitled

A bill to amend 1980 PA 299, entitled "Occupational code," by amending sections 2512 and 2517 (MCL 339.2512 and 339.2517), section 2512 as amended by 1996 PA 430 and section 2517 as amended by 2000 PA 236.

With the recommendation that the bill pass.

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

Favorable Roll Call

SB 1313 To Report Out:

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

Nays: None.

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

Senate Bill No. 1385, entitled

A bill to amend 1998 PA 386, entitled "Estates and protected individuals code," by amending sections 5305 and 5406 (MCL 700.5305 and 700.5406), section 5406 as amended by 2000 PA 54.

With the recommendation that the bill pass.

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

Favorable Roll Call

SB 1385 To Report Out:

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

Nays: None.

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

Senate Bill No. 1386, entitled

A bill to amend 1998 PA 386, entitled "Estates and protected individuals code," (MCL 700.1101 to 700.8102) by adding section 5108.

With the recommendation that the bill pass.

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

Favorable Roll Call

SB 1386 To Report Out:

Yeas: Reps. Richner, Shulman, Law, Sanborn, Minore, Switalski,

Nays: Reps. Hart, Koetje.

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

Senate Bill No. 1387, entitled

A bill to amend 1998 PA 386, entitled "Estates and protected individuals code," by amending section 5401 (MCL 700.5401).

With the recommendation that the bill pass.

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

Favorable Roll Call

SB 1387 To Report Out:

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

Nays: None.

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

Senate Bill No. 1388, entitled

A bill to amend 1998 PA 386, entitled "Estates and protected individuals code," by amending section 5314 (MCL 700.5314), as amended by 2000 PA 313.

With the recommendation that the substitute (H-1) be adopted and that the bill then pass.

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

Favorable Roll Call

SB 1388 To Report Out:

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

Nays: None.

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

Senate Bill No. 1389, entitled

A bill to amend 1998 PA 386, entitled "Estates and protected individuals code," by amending section 5303 (MCL 700.5303).

With the recommendation that the bill pass.

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

Favorable Roll Call

SB 1389 To Report Out:

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

Nays: None.

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

Senate Bill No. 1390, entitled

A bill to amend 1998 PA 386, entitled "Estates and protected individuals code," by amending sections 5215, 5314, and 5423 (MCL 700.5215, 700.5314, and 700.5423), section 5314 as amended by 2000 PA 313, and by adding section 5108.

With the recommendation that the substitute (H-1) be adopted and that the bill then pass.

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

Favorable Roll Call

SB 1390 To Report Out:

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

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: Thursday, November 30, 2000, at 9:00 a.m.,

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

Absent: Rep. Schermesser,

Excused: Rep. Schermesser.

Second Reading of Bills

House Bill No. 5763, entitled

A bill to amend 1964 PA 265, entitled "Uniform securities act," by amending the title and sections 101, 102, 103, 201, 202, 203, 204, 301, 304a, 305, 401, 402, 403, 405, 406, 409, 410, 412, 413, 414, and 417 (MCL 451.501, 451.502, 451.503, 451.601, 451.602, 451.603, 451.604, 451.701, 451.704a, 451.705, 451.801, 451.802, 451.803, 451.805, 451.806, 451.809, 451.810, 451.812, 451.813, 451.814, and 451.817), section 201 as amended by 1996 PA 349, sections 202, 203, 402, and 410 as amended by 1990 PA 150, section 304a as added and section 305 as amended by 1996 PA 529, sections 401 and 409 as amended by 1988 PA 408, and section 413 as amended by 1992 PA 207, and by adding sections 202a and 308.

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

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

Rep. Richner moved to amend the bill as follows:

1. Amend page 15, line 7, after "78o," by inserting "AND SECTION 222 OF THE INVESTMENT ADVISERS ACT OF 1940, 15 U.S.C. 80b-18a,".

2. Amend page 72, line 23, after "Any" by inserting "security listed or approved for listing upon notice of issuance on the New York or American stock exchanges; any other security of the same issuer which is of senior or substantially equal rank; any".

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

Rep. Richner 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. 5763, entitled

A bill to amend 1964 PA 265, entitled "Uniform securities act," by amending the title and sections 101, 102, 103, 201, 202, 203, 204, 301, 304a, 305, 401, 402, 403, 405, 406, 409, 410, 412, 413, 414, and 417 (MCL 451.501, 451.502, 451.503, 451.601, 451.602, 451.603, 451.604, 451.701, 451.704a, 451.705, 451.801, 451.802, 451.803, 451.805, 451.806, 451.809, 451.810, 451.812, 451.813, 451.814, and 451.817), section 201 as amended by 1996 PA 349, sections 202, 203, 402, and 410 as amended by 1990 PA 150, section 304a as added and section 305 as amended by 1996 PA 529, sections 401 and 409 as amended by 1988 PA 408, and section 413 as amended by 1992 PA 207, and by adding sections 202a and 308.

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

Roll Call No. 1006 Yeas--97

Allen Ehardt Kowall Rivet

Basham Frank Kuipers Rocca

Birkholz Garcia LaForge Sanborn

Bisbee Garza LaSata Schauer

Bishop Gieleghem Law Schermesser

Bogardus Gilbert Lemmons Scranton

Bovin Godchaux Lockwood Shackleton

Bradstreet Gosselin Martinez Sheltrown

Brater Green Mead Shulman

Brewer Hager Middaugh Spade

Brown, B. Hale Minore Stamas

Brown, C. Hanley Mortimer Switalski

Byl Hansen Neumann Tabor

Callahan Hart Pappageorge Tesanovich

Cassis Howell Patterson Thomas

Caul Jacobs Perricone Toy

Cherry Jelinek Pestka Van Woerkom

Clark, I. Jellema Price Vander Roest

Clarke, H. Johnson, Rick Prusi Vaughn

Daniels Johnson, Ruth Pumford Vear

DeHart Julian Quarles Voorhees

Dennis Kelly Raczkowski Wojno

DeRossett Kilpatrick Richardville Woodward

DeVuyst Koetje Richner Woronchak

DeWeese

Nays--0

In The Chair: Birkholz

The House agreed to the title of the bill.

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

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

Second Reading of Bills

House Bill No. 5962, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending sections 1304, 1304a, 1308, 1309, 1310, 1311, 1312, 1313, 1314, 1315, 1316, 1317, 1319, 1320, 1321, 1322, 1323, 1324, 1326, 1327, 1328, 1330, 1331, 1340, 1341, 1342, 1345, and 1346 (MCL 600.1304, 600.1304a, 600.1308, 600.1309, 600.1310, 600.1311, 600.1312, 600.1313, 600.1314, 600.1315, 600.1316, 600.1317, 600.1319, 600.1320, 600.1321, 600.1322, 600.1323, 600.1324, 600.1326, 600.1327, 600.1328, 600.1330, 600.1331, 600.1340, 600.1341, 600.1342, 600.1345, and 600.1346), sections 1304, 1310, 1311, and 1312 as amended by 1986 PA 104; 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-1) previously recommended by the Committee on Family and Civil Law,

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

Rep. Richner moved to amend the bill as follows:

1. Amend page 2, line 2, by striking out "BOARD OF COMMISSIONERS" and inserting "EXECUTIVE,".

2. Amend page 2, line 3, by striking out "EXECUTIVE" and inserting "BOARD OF COMMISSIONERS,".

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

Rep. Richner 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. 5962, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending sections 1304, 1304a, 1308, 1309, 1310, 1311, 1312, 1313, 1314, 1315, 1316, 1317, 1319, 1320, 1321, 1322, 1323, 1324, 1326, 1327, 1328, 1330, 1331, 1340, 1341, 1342, 1345, and 1346 (MCL 600.1304, 600.1304a, 600.1308, 600.1309, 600.1310, 600.1311, 600.1312, 600.1313, 600.1314, 600.1315, 600.1316, 600.1317, 600.1319, 600.1320, 600.1321, 600.1322, 600.1323, 600.1324, 600.1326, 600.1327, 600.1328, 600.1330, 600.1331, 600.1340, 600.1341, 600.1342, 600.1345, and 600.1346), sections 1304, 1310, 1311, and 1312 as amended by 1986 PA 104; 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. 1007 Yeas--99

Allen Frank Kuipers Rocca

Basham Garcia LaForge Sanborn

Birkholz Garza LaSata Schauer

Bisbee Geiger Law Schermesser

Bishop Gieleghem Lemmons Scranton

Bogardus Gilbert Lockwood Shackleton

Bovin Godchaux Martinez Sheltrown

Bradstreet Gosselin Mead Shulman

Brater Green Middaugh Spade

Brewer Hager Minore Stallworth

Brown, B. Hale Mortimer Stamas

Brown, C. Hanley Neumann Switalski

Byl Hansen O'Neil Tabor

Callahan Hart Pappageorge Tesanovich

Cassis Howell Patterson Thomas

Caul Jacobs Perricone Toy

Cherry Jelinek Pestka Van Woerkom

Clark, I. Jellema Price Vander Roest

Clarke, H. Johnson, Rick Prusi Vaughn

DeHart Johnson, Ruth Pumford Vear

Dennis Julian Quarles Voorhees

DeRossett Kelly Raczkowski Wojno

DeVuyst Kilpatrick Richardville Woodward

DeWeese Koetje Richner Woronchak

Ehardt Kowall Rivet

Nays--0

In The Chair: Birkholz

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

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

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 1301 (MCL 600.1301).

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.

______

Rep. Vaughn moved that Rep. Daniels be excused from the balance of today's session.

The motion prevailed.

Rep. Kilpatrick moved that Rep. Jamnick be excused from the balance of today's session.

The motion prevailed.

Second Reading of Bills

House Bill No. 6095, entitled

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

The bill was read a second time.

Rep. Raczkowski moved to amend the bill as follows:

1. Amend page 1, line 10, after "TAXPAYER" by striking out the balance of the subdivision and inserting a period.

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

Rep. Sanborn 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. 6095, entitled

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

The bill was read a third time.

The question being on the passage of the bill,

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

The motion prevailed.

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. 1008 Yeas--85

Allen Garza LaSata Rivet

Basham Gieleghem Law Rocca

Birkholz Gilbert Lemmons Sanborn

Bishop Gosselin Lockwood Schauer

Bogardus Green Martinez Schermesser

Bovin Hager Mead Scranton

Bradstreet Hale Middaugh Shackleton

Brater Hansen Minore Sheltrown

Brewer Hart Mortimer Shulman

Brown, B. Howell Neumann Spade

Brown, C. Jacobs O'Neil Stamas

Callahan Jelinek Pappageorge Switalski

Cassis Jellema Patterson Tabor

Caul Johnson, Rick Perricone Tesanovich

Clark, I. Johnson, Ruth Pestka Toy

Clarke, H. Julian Price Van Woerkom

DeHart Kelly Prusi Vaughn

Dennis Koetje Pumford Voorhees

DeRossett Kowall Raczkowski Wojno

DeVuyst Kuipers Richardville Woodward

DeWeese LaForge Richner Woronchak

Garcia

In The Chair: Birkholz

______

Rep. Cassis moved that Rep. Bisbee be excused temporarily from today's session.

The motion prevailed.

Rep. Jacobs moved that Reps. Thomas, Quarles, Kilpatrick, Stallworth and Rison be excused from the balance of today's session.

The motion prevailed.

Rep. Hart moved that Rep. Jansen be excused temporarily from today's session.

The motion prevailed.

The House returned to the consideration of

House Bill No. 6095, entitled

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

(The bill was considered earlier today, see today's journal, p. 2453.)

The question being on the passage of the bill,

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

Roll Call No. 1009 Yeas--93

Allen Frank Kowall Rivet

Basham Garcia Kuipers Rocca

Birkholz Garza LaSata Sanborn

Bishop Geiger Law Schauer

Bogardus Gieleghem Lemmons Schermesser

Bovin Gilbert Lockwood Scranton

Bradstreet Godchaux Martinez Shackleton

Brater Gosselin Mead Sheltrown

Brewer Green Middaugh Shulman

Brown, B. Hager Minore Spade

Brown, C. Hale Mortimer Stamas

Byl Hanley Neumann Switalski

Callahan Hansen O'Neil Tabor

Cassis Hart Pappageorge Tesanovich

Caul Howell Patterson Toy

Cherry Jacobs Perricone Van Woerkom

Clark, I. Jelinek Pestka Vander Roest

Clarke, H. Jellema Price Vaughn

DeHart Johnson, Rick Prusi Vear

Dennis Johnson, Ruth Pumford Voorhees

DeRossett Julian Raczkowski Wojno

DeVuyst Kelly Richardville Woodward

DeWeese Koetje Richner Woronchak

Ehardt

Nays--1

LaForge

In The Chair: Birkholz

The House agreed to the title of the bill.

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

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

Reps. Basham, Bogardus, Bovin, Brater, Brewer, Cameron Brown, Callahan, Cassis, Clarke, DeHart, Dennis, Gieleghem, Hale, Jacobs, Lockwood, Martinez, Minore, O'Neil, Price, Schauer, Schermesser, Switalski, Tesanovich, Vaughn, Wojno and Woodward were named co-sponsors of the bill.

______

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

"Mr. Speaker and members of the House:

This bill is one of the most cynical pieces of legislation proposed by the Republicans in this session. Supposedly, it will offer preventative diabetes programs to every citizen in Michigan. The fallacy is that low income citizens who have no insurance, do not have an income level to even receive a tax credit. Beam us up Scottie!"

Second Reading of Bills

Senate Bill No. 260, 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 416b.

(The bill was discharged from the Committee on Insurance and Financial Services on November 29, see House Journal No. 66, p. 2378.)

The bill was read a second time.

Rep. Koetje moved to substitute (H-3) the bill.

The question being on the adoption of the substitute (H-3) offered by Rep. Koetje,

Rep. Schauer demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the substitute (H-3) offered by Rep. Koetje,

The substitute (H-3) was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:

Roll Call No. 1010 Yeas--40

Birkholz Geiger Koetje Richner

Bishop Gilbert LaSata Rocca

Bradstreet Gosselin Law Sanborn

Brown, C. Green Mead Shulman

Byl Hart Middaugh Stamas

Cassis Howell Mortimer Tabor

Caul Jelinek Pappageorge Van Woerkom

DeRossett Jellema Perricone Vander Roest

DeVuyst Johnson, Rick Pumford Vear

Garcia Johnson, Ruth Raczkowski Voorhees

Nays--49

Allen Frank Kuipers Schauer

Basham Garza LaForge Schermesser

Bogardus Gieleghem Lemmons Scranton

Bovin Godchaux Lockwood Shackleton

Brater Hager Martinez Sheltrown

Brown, B. Hale Minore Spade

Callahan Hanley Neumann Switalski

Cherry Hansen Patterson Tesanovich

Clark, I. Jacobs Pestka Toy

Clarke, H. Julian Price Vaughn

DeHart Kelly Prusi Woodward

Dennis Kowall Rivet Woronchak

DeWeese

In The Chair: Birkholz

Rep. Raczkowski moved to amend the bill as follows:

1. Amend page 4, following line 3, by inserting:

"Enacting section 1. This amendatory act does not take effect unless House Bill No. 6095 of the 90th Legislature is enacted into law.".

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

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

The motion prevailed.

______

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

Rep. Tesanovich moved that Rep. Godchaux be excused from the balance of today's session.

The motion prevailed.

House Bill No. 5818, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending section 30 (MCL 206.30), as amended by 1999 PA 181; 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-3) previously recommended by the Committee on Tax Policy,

The substitute (H-3) was adopted, a majority of the members serving voting therefor.

Rep. Jellema 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. 5818, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending section 30 (MCL 206.30), as amended by 1999 PA 181; 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. 1011 Yeas--89

Allen Ehardt Kuipers Richner

Basham Frank LaForge Rivet

Birkholz Garcia LaSata Rocca

Bishop Geiger Law Sanborn

Bogardus Gieleghem Lemmons Schermesser

Bovin Gilbert Lockwood Shackleton

Bradstreet Gosselin Martinez Sheltrown

Brater Green Mead Shulman

Brewer Hager Middaugh Spade

Brown, B. Hale Minore Stamas

Brown, C. Hansen Mortimer Switalski

Byl Hart Neumann Tabor

Callahan Howell O'Neil Tesanovich

Cassis Jacobs Pappageorge Toy

Caul Jelinek Patterson Van Woerkom

Cherry Jellema Perricone Vander Roest

Clark, I. Johnson, Rick Pestka Vaughn

Clarke, H. Johnson, Ruth Price Vear

DeHart Julian Prusi Voorhees

Dennis Kelly Pumford Wojno

DeRossett Koetje Raczkowski Woodward

DeVuyst Kowall Richardville Woronchak

DeWeese

Nays--0

In The Chair: Birkholz

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

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

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending section 30 (MCL 206.30), as amended by 2000 PA 301.

The motion prevailed.

The House agreed to the title as amended.

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

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

Reps. Allen, Basham, Bishop, Bovin, Bradstreet, Brater, Brewer, Bob Brown, Cameron Brown, Byl, Callahan, Cassis, Clarke, DeHart, DeRossett, DeWeese, Ehardt, Geiger, Gieleghem, Gilbert, Hager, Hale, Hansen, Hart, Howell, Jacobs, Jelinek, Rick Johnson, Ruth Johnson, Julian, Koetje, Kowall, Kuipers, LaSata, Law, Lemmons, Lockwood, Martinez, Mead, Middaugh, Mortimer, Neumann, O'Neil, Patterson, Pestka, Price, Prusi, Pumford, Richardville, Rivet, Rocca, Sanborn, Schermesser, Shackleton, Shulman, Spade, Tabor, Tesanovich, Toy, Van Woerkom, Vander Roest, Vaughn, Voorhees, Wojno, Woodward and Woronchak were named co-sponsors of the bill.

Second Reading of Bills

House Bill No. 4332, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," (MCL 500.100 to 500.8302) by adding section 3010.

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

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

Rep. Wojno moved to amend the bill as follows:

1. Amend page 1, line 5, after "A", by striking out the balance of the line through "TRUE" on line 6.

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

Rep. Basham moved to amend the bill as follows:

1. Amend page 4, following line 7, by inserting:

"Enacting section 1. This amendatory act is repealed January 1, 2005.".

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

Rep. Daniels moved to amend the bill as follows:

1. Amend 4, following line 7, by inserting:

"(10) AN INSURER SHALL PAY AN INSURED'S CLAIM OR SHALL PROVIDE IN WRITING TO THE INSURED WHY A CLAIM IS NOT BEING PAID OR IS NOT BEING PAID IN FULL NOT LATER THAN 30 DAYS AFTER RECEIPT OF THE REPORT UNDER SUBSECTION (1). IF AN INSURER FAILS TO MAKE PAYMENT, THE INSURED MAY COMMENCE A CIVIL ACTION FOR PAYMENT. IF THE COURT DETERMINES THAT THE INSURER WAS UNREASONABLE IN REFUSING TO PAY, THE INSURED IS ENTITLED TO RECOVER DOUBLE THE AMOUNT OF DAMAGES PLUS COSTS AND REASONABLE ATTORNEY FEES.".

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

Rep. Lemmons demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 1012 Yeas--33

Bogardus Dennis LaForge Rivet

Bovin Frank Lemmons Sheltrown

Brater Garza Lockwood Spade

Brewer Gieleghem Martinez Switalski

Brown, B. Hale Neumann Tesanovich

Callahan Hansen O'Neil Vaughn

Clark, I. Jacobs Price Wojno

Clarke, H. Kelly Prusi Woodward

DeHart

Nays--53

Allen Gilbert Kowall Richner

Basham Gosselin Kuipers Rocca

Birkholz Green LaSata Sanborn

Bishop Hager Law Shackleton

Bradstreet Hart Mead Shulman

Brown, C. Howell Middaugh Stamas

Byl Jansen Mortimer Tabor

Cassis Jelinek Pappageorge Toy

Caul Jellema Patterson Van Woerkom

DeRossett Johnson, Rick Perricone Vander Roest

DeVuyst Johnson, Ruth Pumford Vear

Ehardt Julian Raczkowski Voorhees

Garcia Koetje Richardville Woronchak

Geiger

In The Chair: Birkholz

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

The motion prevailed.

By unanimous consent the House returned to the order of

Motions and Resolutions

Reps. Pappageorge, Raczkowski, Allen, Howell, Richner, Daniels, Jellema, Stamas, Pestka, Bovin, Neumann, Rivet, Godchaux, Gosselin, Tesanovich, Vaughn, Price, Rick Johnson, LaForge, Kelly, Brewer, Frank, Pumford, Mead, Bishop, Cameron Brown, Garcia, Shulman, Mortimer, Middaugh, Caul, Ruth Johnson, Richardville, Koetje, Julian, Tabor, DeRossett, Switalski, DeHart, Hanley, Hansen, Cherry, Wojno, Spade, Lemmons, Schermesser, Jacobs, Kuipers, Brater, Clarke, LaSata, Vander Roest, Cassis, Birkholz, Ehardt, Kilpatrick, Van Woerkom, Gieleghem, Hager, Voorhees, Toy, Kowall, DeVuyst, Vear and Sanborn offered the following resolution:

House Resolution No. 437.

A resolution declaring February 2001 as Ethnic and Cultural Heritage Month in Michigan.

Whereas, The culture of the people of the State of Michigan has been continually renewed and enriched by the many different people who have chosen to come here over many decades and become citizens; and

Whereas, Each individual brings a part of his or her own heritage which, over time, becomes part of our common heritage leading us to become a more united people; and

Whereas, Michigan is fortunate to count among its population, large numbers of citizens of numerous descents, who together make important contributions to our economy and society through their commitment to numerous professions, commerce, family, and the arts; and

Whereas, We must foster an interest in the heritage, culture, and history of all peoples and pass that understanding and knowledge on to the next generation awakening in every American community awareness of the quality of the contributions that all types of ethnicities can bring to our modern American lifestyle; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare February 2001 as Ethnic and Cultural Heritage Month in the State of Michigan.

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

Reps. Green, Switalski, Koetje, DeHart, Hanley, Kelly, Bovin, Hansen, Cherry, Spade, Vaughn, Lemmons, Minore, Jamnick, Schermesser, Richardville, Neumann, Raczkowski, Tesanovich, Jacobs, Kuipers, Geiger, Brater, Jellema, Lockwood, Clarke, LaSata, Mead, Garcia, Howell, DeRossett, Middaugh, Pumford, Vander Roest, Tabor, Cassis, Stamas, Jansen, Jelinek, Bishop, Birkholz, Ehardt, Pappageorge, Julian, Gilbert, Kilpatrick, Van Woerkom, Sheltrown, Hager, Voorhees, Toy, Shulman, Kowall, Allen, Richner, DeVuyst, Gosselin, Vear, Sanborn, Bradstreet and Scranton offered the following resolution:

House Resolution No. 438.

A resolution honoring Jack Laurie as he retires from the Michigan Farm Bureau.

Whereas, Jack Laurie has been actively involved in agricultural issues his entire life; and

Whereas, Jack has served on the Farm Bureau Board of Directors since 1966, was the Farm Bureau Vice President from 1977 to 1986, and served with distinction as the President of the Michigan Farm Bureau from 1986 through 2000; and

Whereas, During his tenure as President, Jack has received numerous awards, including an Honorary Doctor of Agriculture Degree from Michigan State University and the 1999 Dairy Farmer of the Year; and

Whereas, Jack Laurie has served the State of Michigan in several capacities, including the Chairmanship of the Michigan State Fair Council, a member of the Michigan International Trade Coalition, and has served nationally, and most notably, as the Vice President of the American Farm Bureau Federation's board of directors; and

Whereas, Jack Laurie's active support of policy initiatives, particularly the Animal Agriculture Initiative, Project GREEEN, and Proposal A, will have a lasting positive effect on Michigan agriculture; and

Whereas, Jack, his wife Betty, and their family maintain their strong agricultural roots through the operation of their dairy and cash crop farm in Tuscola county; and

Whereas, Jack Laurie has been a leader for Michigan agriculture and for the State of Michigan as a whole; now, therefore, be it

Resolved by the House of Representatives, That this legislative body honor Jack Laurie upon his retirement from the Michigan Farm Bureau; and be it further

Resolved, That a copy of the resolution be transmitted to Jack Laurie.

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. Gieleghem, Woodward, Switalski, Koetje, DeHart, Hanley, Kelly, Bovin, Hansen, Cherry, Wojno, Spade, Vaughn, LaForge, Lemmons, Minore, Clark, Jamnick, Callahan, Schermesser, Bogardus, Richardville, Neumann, Raczkowski, Tesanovich, Jacobs, Baird, Brater, Lockwood, Clarke, Quarles, LaSata, Mead, Howell, Birkholz, Ehardt, Pappageorge, Kilpatrick, Van Woerkom, Richner, Vear and Scranton offered the following resolution:

House Resolution No. 439.

A resolution offered in appreciation to His All Holiness Ecumenical Patriarch Bartholomew, spiritual leader of Orthodox Christians, for his three-day visit to Michigan.

Whereas, Patriarch Bartholomew has been recognized worldwide for his leadership in concern for the environment. The people of our state would like to express their thanks to His All Holiness for bringing to us his message of faith, love, peace, reconciliation, and respect for the environment in his Millennium Visit; and

Whereas, Patriarch Bartholomew has brought a new era to many Orthodox Christians around the world in promoting unity among the branches of Orthodoxy and among Christian churches; and

Whereas, We wish to join with Orthodox Christians and all the people of our state in expressing gratitude to His All Holiness Ecumenical Patriarch Bartholomew for bringing his message to the interfaith community. We join them in offering our thanks for his visit, the first Ecumenical Patriarch of Constantinople to come to Michigan. Patriarch Bartholomew's words and strengths will continue to be of the greatest value to our state long after his visit has ended; now, therefore, be it

Resolved by the House of Representatives, That we offer this expression of tribute as appreciation for Patriarch Bartholomew's historic unifying visit November 10-12, 2000; and be it further

Resolved, That a copy of this resolution be transmitted to the Greek Orthodox Diocese of Detroit in honor of the Millennium Visit of His All Holiness Ecumenical Patriarch Bartholomew.

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. Lemmons, Switalski, DeHart, Hanley, Kelly, Bovin, Hansen, Spade, Vaughn, LaForge, Clark, Jamnick, Schermesser, Bogardus, Daniels, Neumann, Tesanovich, Jacobs, Baird, Brater, Clarke, Quarles, LaSata, Garza, Ehardt, Kilpatrick, Gieleghem and Vear offered the following resolution:

House Resolution No. 440.

A resolution honoring Carl Brashear.

Whereas, Carl Brashear is a man of humble origins born in Hardin County, Kentucky in 1931 to Gonzella and McDonald Brashear on land sharecropped by his parents. The crippling effect of the poverty of that period in American history was made worse by the set of restrictions that became known as the "Jim Crow Laws". Despite these hurdles, Carl Brashear persevered and went on to become one of the United States' fighting men by enlisting in the United States Navy in 1948; and

Whereas, Life for African-Americans in the Navy was difficult. He was able to overcome the restrictions imposed by those kowtowing to racial bigotry and discrimination. In 1954, Carl Brashear was enrolled into the Naval Institute where he would learn, among other things, the science of deep sea diving; and

Whereas, In 1964, Carl Brashear graduated number three from the Naval Institute and went on to serve aboard the USS Shakori and the USS Hoist. It was while working on the USS Hoist that he was called to recover a nuclear bomb lost off the coast of Spain. There he was badly injured and his leg amputated; and

Whereas, Carl Brashear refused to submit the to medical boards, that would have retired him as "unfit for duty", choosing instead to continue diving despite his handicap. After demonstrating that he could still dive and perform his other duties, he went on to serve in the Harbor Clearance Unit, Naval Air Station, Norfolk Virginia, the submarine, Hunley, the USS Recovery, and the Naval Safety Center; and

Whereas, In 1970, Carl Brashear became the first black Master Diver in the history of the U.S. Navy and his life story has inspired the movie "Men of Honor". Furthermore, Carl Brashear has been added to the pantheon of heroes that "Never Say Die"; now, therefore, be it

Resolved by the House of Representatives, That this legislative body honor Carl Brashear on being the first black Master Diver in the history of the U.S. Navy; and be it further

Resolved, That a copy of this resolution be transmitted to Carl Brashear as a token of our 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.

Reports of Standing Committees

The Committee on Veterans Affairs, by Rep. Richardville, Chair, reported

House Bill No. 6139, entitled

A bill to name a certain portion of highway I-69 the "Pearl Harbor Memorial Highway"; and to prescribe certain duties of the state transportation department.

With the recommendation that the substitute (H-1) be adopted and that the bill then pass.

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

Favorable Roll Call

HB 6139 To Report Out:

Yeas: Reps. Richardville, Ehardt, Allen, Garcia, Bovin,

Nays: None.

The Committee on Veterans Affairs, by Rep. Richardville, Chair, reported

Senate Bill No. 1172, entitled

A bill to amend 1967 PA 150, entitled "Michigan military act," by repealing section 421 (MCL 32.821).

With the recommendation that the bill pass.

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

Favorable Roll Call

SB 1172 To Report Out:

Yeas: Reps. Richardville, Ehardt, Allen, Garcia,

Nays: None.

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Richardville, Chair of the Committee on Veterans Affairs, was received and read:

Meeting held on: Thursday, November 30, 2000, at 9:00 a.m.,

Present: Reps. Richardville, Ehardt, Allen, Garcia, Bovin,

Absent: Reps. Schermesser, Mans,

Excused: Reps. Schermesser, Mans.

The Committee on Conservation and Outdoor Recreation, by Rep. DeVuyst, Chair, reported

House Bill No. 6153, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 41701, 41702, 41703, 41704, 41706, 41707, 41708, 41710, 41712, and 43530 (MCL 324.41701, 324.41702, 324.41703, 324.41704, 324.41706, 324.41707, 324.41708, 324.41710, 324.41712, and 324.43530), sections 41701, 41702, 41703, 41704, 41706, 41707, 41708, 41710, and 41712 as added by 1995 PA 57 and section 43530 as amended by 1996 PA 585.

With the recommendation that the bill pass.

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

Favorable Roll Call

HB 6153 To Report Out:

Yeas: Reps. DeVuyst, DeRossett, Allen, Green, Middaugh, Sanborn, Basham, Brater, Gieleghem, Sheltrown,

Nays: None.

The Committee on Conservation and Outdoor Recreation, by Rep. DeVuyst, Chair, reported

Senate Bill No. 1343, entitled

A bill to authorize the department of natural resources to convey certain state owned property in Macomb county; to prescribe conditions for the conveyance; and to provide for disposition of the revenue from the conveyance.

With the recommendation that the substitute (H-1) be adopted and that the bill then pass.

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

Favorable Roll Call

SB 1343 To Report Out:

Yeas: Reps. DeVuyst, Tabor, DeRossett, Green, Middaugh, Basham, Gieleghem, Sheltrown,

Nays: None.

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Thursday, November 30, 2000, at 8:00 a.m.,

Present: Reps. DeVuyst, Tabor, DeRossett, Allen, Green, Middaugh, Sanborn, Basham, Brater, Gieleghem, Sheltrown,

Absent: Reps. Kowall, Patterson, Callahan, Mans,

Excused: Reps. Kowall, Patterson, Callahan, Mans.

The Committee on Agriculture and Resource Management, by Rep. Green, Chair, reported

House Bill No. 5585, entitled

A bill to amend 1984 PA 44, entitled "Motor fuels quality act," by amending section 4a (MCL 290.644a), as added by 1986 PA 127.

With the recommendation that the bill pass.

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

Favorable Roll Call

HB 5585 To Report Out:

Yeas: Reps. Green, Julian, Bradstreet, DeVuyst, Ehardt, Howell, Rick Johnson, Vear, Brater, Bogardus, Hansen, LaForge, Rivet, Sheltrown, Spade,

Nays: None.

The Committee on Agriculture and Resource Management, by Rep. Green, Chair, reported

House Bill No. 5586, entitled

A bill to amend 1974 PA 181, entitled "An act to provide for the testing, condemnation and disposal of livestock and livestock products; to provide for the testing of certain livestock; to provide for the quarantine of certain livestock; to prescribe the conditions of condemnation; to provide for the indemnification of owners of quarantined or disposed livestock or livestock products; to provide for recovery of the costs of testing, condemnation, disposal, and indemnification; and to prescribe the powers and duties of the department of agriculture," by amending sections 3b and 7 (MCL 287.73b and 287.77); and to repeal acts and parts of acts.

With the recommendation that the substitute (H-1) be adopted and that the bill then pass.

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

Favorable Roll Call

HB 5586 To Report Out:

Yeas: Reps. Green, Julian, Bradstreet, DeVuyst, Ehardt, Howell, Rick Johnson, Vear, Brater, Bogardus, Hansen, LaForge, Rivet, Sheltrown, Spade,

Nays: None.

The Committee on Agriculture and Resource Management, by Rep. Green, Chair, reported

Senate Bill No. 795, entitled

A bill to amend 1978 PA 90, entitled "Youth employment standards act," by amending section 11 (MCL 409.111), as amended by 1996 PA 499.

With the recommendation that the bill pass.

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

Favorable Roll Call

SB 795 To Report Out:

Yeas: Reps. Green, Julian, Bradstreet, DeRossett, DeVuyst, Ehardt, Howell, Rick Johnson, Vear,

Nays: Reps. Brater, Bogardus, Hansen, LaForge, Rivet, Sheltrown.

The Committee on Agriculture and Resource Management, by Rep. Green, Chair, reported

Senate Bill No. 1078, entitled

A bill to amend 1917 PA 74, entitled "An act to fix standards for climax baskets for grapes and other fruits and vegetables, and to fix standards for baskets and other containers for small fruits, berries, and vegetables, and to punish violations of the same," by amending section 4 (MCL 290.134).

With the recommendation that the bill pass.

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

Favorable Roll Call

SB 1078 To Report Out:

Yeas: Reps. Green, Julian, Bradstreet, DeVuyst, Ehardt, Howell, Rick Johnson, Vear, Brater, Bogardus, Hansen, LaForge, Rivet, Sheltrown, Spade,

Nays: None.

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Green, Chair of the Committee on Agriculture and Resource Management, was received and read:

Meeting held on: Thursday, November 30, 2000, at 9:00 a.m.,

Present: Reps. Green, Julian, Bradstreet, DeRossett, DeVuyst, Ehardt, Howell, Rick Johnson, Vear, Brater, Bogardus, Hansen, LaForge, Rivet, Sheltrown, Spade,

Absent: Rep. Koetje,

Excused: Rep. Koetje.

The Committee on Local Government and Urban Policy, by Rep. Hager, Vice-Chair, reported

Senate Bill No. 764, entitled

A bill to amend 1945 PA 327, entitled "Aeronautics code of the state of Michigan," by amending sections 9 and 151 (MCL 259.9 and 259.151), as amended by 1996 PA 370.

With the recommendation that the substitute (H-1) be adopted and that the bill then pass.

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

Favorable Roll Call

SB 764 To Report Out:

Yeas: Reps. Hager, DeWeese, Vander Roest, Lockwood, Jamnick, Minore,

Nays: None.

The Committee on Local Government and Urban Policy, by Rep. Hager, Vice-Chair, reported

Senate Bill No. 765, entitled

A bill to amend 1921 PA 207, entitled "City and village zoning act," by amending sections 1, 4, and 20 (MCL 125.581, 125.584, and 125.600), section 1 as amended by 1995 PA 36 and section 20 as added by 1996 PA 571.

With the recommendation that the substitute (H-1) be adopted and that the bill then pass.

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

Favorable Roll Call

SB 765 To Report Out:

Yeas: Reps. Hager, DeWeese, Julian, Vander Roest, Lockwood, Jamnick, Minore,

Nays: None.

The Committee on Local Government and Urban Policy, by Rep. Hager, Vice-Chair, reported

Senate Bill No. 1292, entitled

A bill to amend 1968 PA 2, entitled "Uniform budgeting and accounting act," by amending sections 1, 2a, 2b, 2c, 2d, 4, 7, 8, 14, 15, 16, 17, 18, 19, and 20 (MCL 141.421, 141.422a, 141.422b, 141.422c, 141.422d, 141.424, 141.427, 141.428, 141.434, 141.435, 141.436, 141.437, 141.438, 141.439, and 141.440), sections 1 and 7 as amended by 1982 PA 451, sections 2b and 4 as amended by 1996 PA 439, section 2d as amended by 1999 PA 142, section 8 as amended by 1996 PA 400, section 15 as amended by 1981 PA 77, and sections 16 and 17 as amended by 1995 PA 41.

With the recommendation that the substitute (H-1) be adopted and that the bill then pass.

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

Favorable Roll Call

SB 1292 To Report Out:

Yeas: Reps. Hager, DeWeese, Julian, Vander Roest, Lockwood, Jamnick, Minore,

Nays: None.

The Committee on Local Government and Urban Policy, by Rep. Hager, Vice-Chair, reported

Senate Bill No. 1337, entitled

A bill to authorize the state administrative board to convey certain state owned property in Jackson county in exchange for certain other parcels in Jackson county; to prescribe certain conditions for that exchange; and to provide for certain powers and duties of the department of management and budget, the department of corrections, and the attorney general in regard to that exchange.

With the recommendation that the substitute (H-1) be adopted and that the bill then pass.

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

Favorable Roll Call

SB 1337 To Report Out:

Yeas: Reps. Hager, Bishop, Julian, Tabor, Vander Roest, Lockwood, Jamnick, Minore,

Nays: None.

The Committee on Local Government and Urban Policy, by Rep. Hager, Vice-Chair, reported

Senate Bill No. 1365, entitled

A bill to authorize the department of management and budget to convey certain state owned property in the county of Jackson in exchange for certain other property in the county of Jackson.

With the recommendation that the bill pass.

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

Favorable Roll Call

SB 1365 To Report Out:

Yeas: Reps. Hager, Bishop, Julian, Tabor, Vander Roest, Lockwood, Jamnick, Minore,

Nays: None.

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Thursday, November 30, 2000, at 9:00 a.m.,

Present: Reps. Birkholz, Hager, Bishop, DeWeese, Julian, Tabor, Vander Roest, Lockwood, Jamnick, Minore,

Absent: Rep. Reeves,

Excused: Rep. Reeves.

Announcement by the Clerk of Printing and Enrollment

The Clerk announced that the following bills had been printed and placed upon the files of the members, Thursday, November 30:

House Bill Nos. 6170 6171

The Clerk announced that the following Senate bills had been received on Thursday, November 30:

Senate Bill Nos. 1046 1116

By unanimous consent the House returned to the order of

Messages from the Senate

Senate Bill No. 1046, entitled

A bill to amend 1995 PA 24, entitled "Michigan economic growth authority act," by amending section 3 (MCL 207.803), as amended by 2000 PA 144.

The Senate has passed the bill.

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

Senate Bill No. 1116, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending sections 448, 449, 450, 451, and 462 (MCL 750.448, 750.449, 750.450, 750.451, and 750.462) and by adding section 465a.

The Senate has passed the bill.

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

House Concurrent Resolution No. 114.

A concurrent resolution approving the conveyance of property to the State Building Authority and approving a lease among the State of Michigan, the State Building Authority, and Charles Stewart Mott Community College relative to the Charles Stewart Mott Community College Regional Technology Center.

(For text of resolution, see House Journal No. 61, p. 2210.)

The Senate has adopted the concurrent resolution Senator Young was named co-sponsor of the concurrent resolution.

The concurrent resolution was referred to the Clerk for record.

House Concurrent Resolution No. 115.

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

(For text of resolution, see House Journal No. 61, p. 2211.)

The Senate has adopted the concurrent resolution Senator Young was named co-sponsor of the concurrent resolution.

The concurrent resolution was referred to the Clerk for record.

House Concurrent Resolution No. 117.

A concurrent resolution approving the conveyance of property to the State Building Authority and approving a lease between the State of Michigan and the State Building Authority relative to the Department of Corrections Camp Pugsley Additional Housing Units.

(For text of resolution, see House Journal No. 61, p. 2213.)

The Senate has adopted the concurrent resolution Senator Young was named co-sponsor of the concurrent resolution.

The concurrent resolution was referred to the Clerk for record.

House Concurrent Resolution No. 118.

A concurrent resolution approving the conveyance of property to the State Building Authority and approving a lease between the State of Michigan and the State Building Authority relative to the Department of Corrections Multilevel Correctional Facility at Ionia.

(For text of resolution, see House Journal No. 61, p. 2214.)

The Senate has adopted the concurrent resolution Senator Young was named co-sponsor of the concurrent resolution.

The concurrent resolution was referred to the Clerk for record.

House Concurrent Resolution No. 121.

A concurrent resolution to change the scope of the Pharmacy Building project at Wayne State University.

(For text of resolution, see House Journal No. 63, p. 2304.)

The Senate has adopted the concurrent resolution Senator Young was named co-sponsor of the concurrent resolution.

The concurrent resolution was referred to the Clerk for record.

Introduction of Bills

Reps. Bisbee, Cassis, Rocca and Voorhees introduced

House Bill No. 6172, entitled

A bill to amend 1975 PA 228, entitled "Single business tax act," (MCL 208.1 208.145) by adding section 31e.

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

Rep. Bisbee introduced

House Bill No. 6173, entitled

A bill to amend 1937 PA 94, entitled "Use tax act," by amending section 14 (MCL 205.104), as amended by 1986 PA 41.

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

Reps. Ruth Johnson, Toy, Rocca and Gosselin introduced

House Bill No. 6174, entitled

A bill to amend 1954 PA 116, entitled "Michigan election law," by amending sections 358a, 635, 649, and 707 (MCL 168.358a, 168.635, 168.649, and 168.707), section 358a as amended by 1990 PA 235 and section 707 as amended by 1994 PA 152; and to repeal acts and parts of acts.

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

Reps. Ruth Johnson, Toy, Rocca and Gosselin introduced

House Bill No. 6175, entitled

A bill to amend 1923 PA 116, entitled "Township and village public improvement and public service act," by amending section 6a (MCL 41.416a), as added by 1989 PA 82.

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

Reps. Ruth Johnson, Toy, Rocca and Gosselin introduced

House Bill No. 6176, entitled

A bill to amend 1909 PA 278, entitled "The home rule village act," by amending sections 4, 7, 14, 17, and 26 (MCL 78.4, 78.7, 78.14, 78.17, and 78.26), section 26 as amended by 1995 PA 211.

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

Rep. Garcia introduced

House Bill No. 6177, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 303, 319, 320a, 625, 625m, 732, and 904d (MCL 257.303, 257.319, 257.320a, 257.625, 257.625m, 257.732, and 257.904d), sections 303 and 732 as amended by 1999 PA 73, section 319 as amended by 2000 PA 152, section 320a as amended by 1999 PA 40, section 625 as amended by 2000 PA 77, section 625m as amended by 1998 PA 347, and section 904d as amended by 1999 PA 267.

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

By unanimous consent the House returned to the order of

Notices

I hereby replace Rep. Schermesser with Rep. Bovin on the Conference Committee for House Bill No. 4335.

Rep. Perricone

By unanimous consent the House returned to the order of

Second Reading of Bills

House Bill No. 5684, entitled

A bill to amend 1846 RS 83, entitled "Of marriage and the solemnization thereof," by amending sections 7 and 16 (MCL 551.7 and 551.16), section 7 as amended by 1983 PA 64.

Was read a second time, and the question being on the adoption of the proposed substitute (H-3) previously recommended by the Committee on Family and Civil Law,

The substitute (H-3) was adopted, a majority of the members serving voting therefor.

Rep. Bradstreet moved to amend the bill as follows:

1. Amend page 2, line 20, after the first "A" by inserting "MINISTER OF THE GOSPEL, RABBI, PRIEST, IMAM, OR OTHER".

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

Rep. Brater 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. 5684, entitled

A bill to amend 1846 RS 83, entitled "Of marriage and the solemnization thereof," by amending sections 7 and 16 (MCL 551.7 and 551.16), section 7 as amended by 1983 PA 64.

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

Roll Call No. 1013 Yeas--91

Allen Ehardt Kowall Rivet

Basham Frank Kuipers Rocca

Birkholz Garcia LaForge Sanborn

Bishop Garza LaSata Schauer

Bogardus Gieleghem Law Schermesser

Bovin Gilbert Lemmons Shackleton

Bradstreet Gosselin Lockwood Sheltrown

Brater Green Martinez Shulman

Brewer Hager Mead Spade

Brown, B. Hale Middaugh Stamas

Brown, C. Hanley Minore Switalski

Byl Hansen Neumann Tabor

Callahan Hart O'Neil Tesanovich

Cassis Howell Pappageorge Toy

Caul Jacobs Patterson Van Woerkom

Cherry Jansen Perricone Vander Roest

Clark, I. Jelinek Pestka Vaughn

Clarke, H. Jellema Price Vear

DeHart Johnson, Rick Prusi Voorhees

Dennis Johnson, Ruth Pumford Wojno

DeRossett Julian Raczkowski Woodward

DeVuyst Kelly Richardville Woronchak

DeWeese Koetje Richner

Nays--0

In The Chair: Birkholz

The House agreed to the title of the bill.

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

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

Second Reading of Bills

House Bill No. 5685, entitled

A bill to amend 1887 PA 128, entitled "An act establishing the minimum ages for contracting marriages; to require a civil license in order to marry and its registration; to provide for the implementation of federal law; and to provide a penalty for the violation of this act," by amending sections 1, 3, 4, and 6 (MCL 551.101, 551.103, 551.104, and 551.106), section 3 as amended by 1984 PA 346.

The bill was read a second time.

Rep. Brater moved to amend the bill as follows:

1. Amend page 6, line 2, after the first "No." by striking out the balance of the line through "04796'99 *)" on line 3 and inserting "5684".

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

Rep. Brater 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. 5685, entitled

A bill to amend 1887 PA 128, entitled "An act establishing the minimum ages for contracting marriages; to require a civil license in order to marry and its registration; to provide for the implementation of federal law; and to provide a penalty for the violation of this act," by amending sections 1, 3, 4, and 6 (MCL 551.101, 551.103, 551.104, and 551.106), section 3 as amended by 1984 PA 346.

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

Roll Call No. 1014 Yeas--92

Allen Ehardt Kowall Richner

Basham Frank Kuipers Rivet

Birkholz Garcia LaForge Rocca

Bishop Garza LaSata Sanborn

Bogardus Gieleghem Law Schauer

Bovin Gilbert Lemmons Schermesser

Bradstreet Gosselin Lockwood Shackleton

Brater Green Martinez Sheltrown

Brewer Hager Mead Shulman

Brown, B. Hale Middaugh Spade

Brown, C. Hanley Minore Stamas

Byl Hansen Mortimer Switalski

Callahan Hart Neumann Tabor

Cassis Howell O'Neil Tesanovich

Caul Jacobs Pappageorge Toy

Cherry Jansen Patterson Van Woerkom

Clark, I. Jelinek Perricone Vander Roest

Clarke, H. Jellema Pestka Vaughn

DeHart Johnson, Rick Price Vear

Dennis Johnson, Ruth Prusi Voorhees

DeRossett Julian Pumford Wojno

DeVuyst Kelly Raczkowski Woodward

DeWeese Koetje Richardville Woronchak

Nays--0

In The Chair: Birkholz

The House agreed to the title of the bill.

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

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

Second Reading of Bills

The House returned to the consideration of

House Bill No. 4332, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," (MCL 500.100 to 500.8302) by adding section 3010.

(The bill was considered earlier today, see today's journal, p. 2458.)

Rep. Wojno moved to amend the bill as follows:

1. Amend page 4, line 4, by striking out all of subsection (9).

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

Rep. Wojno demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 1015 Yeas--38

Basham DeHart LaForge Schauer

Bogardus Dennis Lemmons Schermesser

Bovin Frank Martinez Sheltrown

Brater Garza Minore Spade

Brewer Gieleghem Neumann Switalski

Brown, B. Hale Pestka Tesanovich

Callahan Hanley Price Vaughn

Cherry Hansen Prusi Wojno

Clark, I. Jacobs Rivet Woodward

Clarke, H. Kelly

Nays--54

Allen Gilbert LaSata Richner

Birkholz Gosselin Law Rocca

Bishop Green Lockwood Sanborn

Bradstreet Hager Mead Shackleton

Brown, C. Hart Middaugh Shulman

Byl Jansen Mortimer Stamas

Cassis Jelinek O'Neil Tabor

Caul Jellema Pappageorge Toy

DeRossett Johnson, Rick Patterson Van Woerkom

DeVuyst Johnson, Ruth Perricone Vander Roest

DeWeese Julian Pumford Vear

Ehardt Koetje Raczkowski Voorhees

Garcia Kowall Richardville Woronchak

Geiger Kuipers

In The Chair: Birkholz

Rep. Raczkowski moved to reconsider the vote by which the House did not adopt the amendment offered previously by Rep. Wojno.

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

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

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

Rep. Wojno moved to amend the bill as follows:

1. Amend page 4, line 7, after "SECTION" by inserting "UNLESS THE INSURER OR AN AGENT OR EMPLOYEE OF THE INSURER FAILS TO DEAL FAIRLY AND IN GOOD FAITH WITH THE INSURED".

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

Rep. Wojno demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 1016 Yeas--33

Basham Frank Lemmons Schermesser

Bovin Gieleghem Martinez Sheltrown

Brater Hale Minore Spade

Brewer Hanley Neumann Switalski

Brown, B. Hansen Pestka Tesanovich

Callahan Jacobs Price Vaughn

Clark, I. Kelly Prusi Wojno

Clarke, H. LaForge Rivet Woodward

Dennis

Nays--55

Allen Gilbert Kuipers Richner

Birkholz Gosselin LaSata Rocca

Bishop Green Law Sanborn

Bradstreet Hager Lockwood Shackleton

Brown, C. Hart Mead Shulman

Byl Howell Middaugh Stamas

Cassis Jansen Mortimer Tabor

Caul Jelinek O'Neil Toy

DeRossett Jellema Pappageorge Van Woerkom

DeVuyst Johnson, Rick Patterson Vander Roest

DeWeese Johnson, Ruth Perricone Vear

Ehardt Julian Pumford Voorhees

Garcia Koetje Raczkowski Woronchak

Geiger Kowall Richardville

In The Chair: Birkholz

Rep. Basham moved to amend the bill as follows:

1. Amend page 2, line 6, after "TOWNSHIP." by inserting "IF THE INSURER OR THE FIRE OR LAW ENFORCEMENT AUTHORITY DESIGNATED BY THE CITY, VILLAGE, OR TOWNSHIP DETERMINES THAT THE FIRE OR EXPLOSION MAY NOT BE ACCIDENTAL, THE INSURER OR THE FIRE OR LAW ENFORCEMENT AUTHORITY DESIGNATED BY THE CITY, VILLAGE, OR TOWNSHIP SHALL NOTIFY THE INSURED OF THE REQUIREMENT FOR A REPORT UNDER THIS SECTION BY NOT LATER THAN 30 DAYS AFTER THE DETERMINATION BY THE INSURER OR THE FIRE OR LAW ENFORCEMENT AUTHORITY DESIGNATED BY THE CITY, VILLAGE, OR TOWNSHIP.".

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

Rep. Basham demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 1017 Yeas--89

Allen Frank Kowall Richardville

Basham Garcia Kuipers Richner

Birkholz Garza LaForge Rocca

Bishop Geiger LaSata Sanborn

Bovin Gieleghem Law Schermesser

Bradstreet Gilbert Lemmons Shackleton

Brater Gosselin Lockwood Sheltrown

Brewer Green Martinez Shulman

Brown, B. Hager Mead Spade

Brown, C. Hale Middaugh Stamas

Byl Hanley Minore Switalski

Callahan Hansen Mortimer Tabor

Cassis Hart Neumann Tesanovich

Caul Howell O'Neil Toy

Cherry Jacobs Pappageorge Van Woerkom

Clark, I. Jansen Patterson Vander Roest

Clarke, H. Jelinek Perricone Vaughn

DeHart Johnson, Rick Pestka Vear

Dennis Johnson, Ruth Price Voorhees

DeRossett Julian Prusi Wojno

DeVuyst Kelly Pumford Woodward

DeWeese Koetje Raczkowski Woronchak

Ehardt

Nays--0

In The Chair: Birkholz

Rep. Richner 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. DeHart moved that Rep. Schermesser be excused from the balance of today's session.

The motion prevailed.

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 4332, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," (MCL 500.100 to 500.8302) by adding section 3010.

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

Roll Call No. 1018 Yeas--86

Allen Garcia Kuipers Richardville

Birkholz Garza LaForge Richner

Bishop Geiger LaSata Rivet

Bovin Gieleghem Law Rocca

Bradstreet Gilbert Lemmons Sanborn

Brater Gosselin Lockwood Schauer

Brewer Green Martinez Shackleton

Brown, B. Hager Mead Sheltrown

Brown, C. Hale Middaugh Shulman

Byl Hansen Minore Spade

Callahan Hart Mortimer Stamas

Cassis Howell Neumann Switalski

Caul Jacobs O'Neil Tabor

Cherry Jansen Pappageorge Tesanovich

Clark, I. Jelinek Patterson Toy

DeHart Jellema Perricone Van Woerkom

Dennis Johnson, Rick Pestka Vander Roest

DeRossett Johnson, Ruth Price Vear

DeVuyst Julian Prusi Voorhees

DeWeese Kelly Pumford Woodward

Ehardt Koetje Raczkowski Woronchak

Frank Kowall

Nays--4

Basham Clarke, H. Vaughn Wojno

In The Chair: Birkholz

The House agreed to the title of the bill.

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

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

Reps. Allen, Callahan, DeRossett, Julian, O'Neil and Woodward were named co-sponsors of the bill.

Associate Speaker Pro Tempore Patterson resumed the Chair.

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

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

Second Reading of Bills

The House returned to the consideration of

Senate Bill No. 260, 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 416b.

(The bill was considered earlier today, see today's journal, p. 2455.)

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. 260, 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 416b.

The bill was read a third time.

The question being on the passage of the bill,

Rep. Raczkowski moved to reconsider the vote by which the House placed the bill on the order of Third Reading of Bills.

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

Second Reading of Bills

The House returned to the consideration of

Senate Bill No. 260, 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 416b.

(The bill was considered earlier today, see today's journal, p. 2473.)

Rep. Raczkowski moved to reconsider the vote by which the House did not adopt the substitute (H-3) offered previously by Rep. Koetje.

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

The question being on the adoption of the substitute (H-3) offered previously by Rep. Koetje,

Rep. Neumann demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the substitute (H-3) offered previously by Reps. Koetje,

The substitute (H-3) was adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 1019 Yeas--59

Allen Gilbert LaSata Rivet

Birkholz Gosselin Law Rocca

Bishop Green Lockwood Sanborn

Bradstreet Hager Mead Schauer

Brown, C. Hart Middaugh Shulman

Byl Howell Minore Stamas

Cassis Jansen Mortimer Switalski

Caul Jelinek O'Neil Tabor

Cherry Jellema Pappageorge Toy

DeRossett Johnson, Rick Patterson Van Woerkom

DeVuyst Johnson, Ruth Perricone Vander Roest

DeWeese Julian Pumford Vear

Ehardt Koetje Raczkowski Voorhees

Garcia Kowall Richardville Woronchak

Geiger LaForge Richner

Nays--24

Bovin Clarke, H. Hansen Prusi

Brater Dennis Jacobs Sheltrown

Brewer Frank Kelly Spade

Brown, B. Garza Kuipers Tesanovich

Callahan Gieleghem Martinez Vaughn

Clark, I. Hale Neumann Woodward

In The Chair: Patterson

Rep. Raczkowski moved to amend the bill as follows:

1. Amend page 2, following line 20, by inserting:

"Enacting section 1. This amendatory act does not take effect unless House Bill No. 6095 of the 90th Legislature is enacted into law.".

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

Rep. Schauer moved to amend the bill as follows:

1. Amend page 1, line 3, after "EQUIPMENT" by striking out "AND SUPPLIES" and inserting a comma and "SUPPLIES, AND EDUCATIONAL TRAINING".

2. Amend page 2, following line 7, by inserting:

"(J) DIABETES SELF-MANAGEMENT TRAINING TO ENSURE THAT PERSONS WITH DIABETES ARE TRAINED AS TO THE PROPER SELF-MANAGEMENT AND TREATMENT OF THEIR DIABETIC CONDITION, INCLUDING INFORMATION ON MEDICAL NUTRITION THERAPY.".

The motion prevailed and 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. 260, 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 416b.

The question being on the passage of the bill,

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

Roll Call No. 1020 Yeas--75

Allen Frank Kowall Rivet

Basham Garcia Kuipers Rocca

Birkholz Geiger LaSata Sanborn

Bishop Gieleghem Law Schauer

Bovin Gilbert Lockwood Shackleton

Bradstreet Gosselin Mead Shulman

Brewer Green Middaugh Spade

Brown, B. Hager Minore Stamas

Brown, C. Hanley Mortimer Switalski

Byl Hansen Neumann Tabor

Cassis Hart O'Neil Tesanovich

Caul Howell Pappageorge Toy

Cherry Jansen Patterson Van Woerkom

Clarke, H. Jelinek Perricone Vander Roest

DeHart Jellema Pestka Vaughn

DeRossett Johnson, Rick Pumford Vear

DeVuyst Johnson, Ruth Raczkowski Voorhees

DeWeese Julian Richardville Woronchak

Ehardt Koetje Richner

Nays--11

Brater Hale LaForge Sheltrown

Clark, I. Jacobs Martinez Woodward

Garza Kelly Prusi

In The Chair: Patterson

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

"An act to provide for the incorporation of nonprofit health care corporations; to provide their rights, powers, and immunities; to prescribe the powers and duties of certain state officers relative to the exercise of those rights, powers, and immunities; to prescribe certain conditions for the transaction of business by those corporations in this state; to define the relationship of health care providers to nonprofit health care corporations and to specify their rights, powers, and immunities with respect thereto; to provide for a Michigan caring program; to provide for the regulation and supervision of nonprofit health care corporations by the commissioner of insurance; to prescribe powers and duties of certain other state officers with respect to the regulation and supervision of nonprofit health care corporations; to provide for the imposition of a regulatory fee; to regulate the merger or consolidation of certain corporations; to prescribe an expeditious and effective procedure for the maintenance and conduct of certain administrative appeals relative to provider class plans; to provide for certain administrative hearings relative to rates for health care benefits; to provide for certain causes of action; to prescribe penalties and to provide civil fines for violations of this act; 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.

Second Reading of Bills

Senate Bill No. 261, entitled

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

(The bill was discharged from the Committee on Insurance and Financial Services on November 29, see House Journal No. 66, p. 2378.)

The bill was read a second time.

Rep. Koetje moved to substitute (H-3) the bill.

The question being on the adoption of the substitute (H-3) offered by Rep. Koetje,

Rep. Schauer demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the substitute (H-3) offered by Rep. Koetje,

The substitute (H-3) was adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 1021 Yeas--64

Allen Garcia Kuipers Richner

Basham Geiger LaSata Rivet

Birkholz Gilbert Law Rocca

Bishop Gosselin Lockwood Sanborn

Bradstreet Green Mead Schauer

Brown, C. Hager Middaugh Shackleton

Byl Hart Mortimer Shulman

Cassis Howell Neumann Spade

Caul Jansen O'Neil Stamas

Cherry Jelinek Pappageorge Switalski

Clarke, H. Jellema Patterson Tabor

DeRossett Johnson, Rick Perricone Toy

DeVuyst Johnson, Ruth Pestka Van Woerkom

DeWeese Julian Pumford Vander Roest

Ehardt Koetje Raczkowski Voorhees

Frank Kowall Richardville Wojno

Nays--22

Bovin Dennis Jacobs Prusi

Brater Garza Kelly Sheltrown

Brewer Gieleghem Lemmons Tesanovich

Brown, B. Hale Martinez Vaughn

Callahan Hanley Minore Woodward

Clark, I. Hansen

In The Chair: Patterson

Rep. Raczkowski moved to amend the bill as follows:

1. Amend page 3, following line 5, by inserting:

"Enacting section 1. This amendatory act does not take effect unless House Bill No. 6095 of the 90th Legislature in enacted into law.".

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

Rep. Schauer moved to amend the bill as follows:

1. Amend page 1, line 5, after "EQUIPMENT" by striking out "AND SUPPLIES" and inserting a comma and "SUPPLIES, AND EDUCATIONAL TRAINING".

2. Amend page 2, following line 8, by inserting:

"(H) DIABETES SELF-MANAGEMENT TRAINING TO ENSURE THAT PERSONS WITH DIABETES ARE TRAINED AS TO THE PROPER SELF-MANAGEMENT AND TREATMENT OF THEIR DIABETIC CONDITION, INCLUDING INFORMATION ON MEDICAL NUTRITION THERAPY.".

The motion prevailed and 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. 261, entitled

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

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

Roll Call No. 1022 Yeas--74

Allen Ehardt LaSata Rocca

Basham Frank Law Sanborn

Birkholz Garcia Lockwood Schauer

Bishop Geiger Mead Shackleton

Bovin Gieleghem Middaugh Shulman

Bradstreet Gilbert Minore Spade

Brewer Gosselin Mortimer Stamas

Brown, B. Green Neumann Switalski

Brown, C. Hager O'Neil Tabor

Byl Hansen Pappageorge Tesanovich

Callahan Howell Patterson Toy

Cassis Jansen Perricone Van Woerkom

Caul Jelinek Pestka Vander Roest

Cherry Jellema Pumford Vaughn

Clarke, H. Johnson, Rick Raczkowski Vear

DeHart Julian Richardville Voorhees

DeRossett Koetje Richner Wojno

DeVuyst Kowall Rivet Woronchak

DeWeese Kuipers

Nays--13

Brater Hart LaForge Prusi

Clark, I. Jacobs Lemmons Sheltrown

Garza Kelly Martinez Woodward

Hale

In The Chair: Patterson

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 218, entitled "An act to revise, consolidate, and classify the laws relating to the insurance and surety business; to regulate the incorporation or formation of domestic insurance and surety companies and associations and the admission of foreign and alien companies and associations; to provide their rights, powers, and immunities and to prescribe the conditions on which companies and associations organized, existing, or authorized under this act may exercise their powers; to provide the rights, powers, and immunities and to prescribe the conditions on which other persons, firms, corporations, associations, risk retention groups, and purchasing groups engaged in an insurance or surety business may exercise their powers; to provide for the imposition of a privilege fee on domestic insurance companies and associations and the state accident fund; to provide for the imposition of a tax on the business of foreign and alien companies and associations; to provide for the imposition of a tax on risk retention groups and purchasing groups; to provide for the imposition of a tax on the business of surplus line agents; to provide for the imposition of regulatory fees on certain insurers; to modify tort liability arising out of certain accidents; to provide for limited actions with respect to that modified tort liability and to prescribe certain procedures for maintaining those actions; to require security for losses arising out of certain accidents; to provide for the continued availability and affordability of automobile insurance and homeowners insurance in this state and to facilitate the purchase of that insurance by all residents of this state at fair and reasonable rates; to provide for certain reporting with respect to insurance and with respect to certain claims against uninsured or self-insured persons; to prescribe duties for certain state departments and officers with respect to that reporting; to provide for certain assessments; to establish and continue certain state insurance funds; to modify and clarify the status, rights, powers, duties, and operations of the nonprofit malpractice insurance fund; to provide for the departmental supervision and regulation of the insurance and surety business within this state; to provide for regulation over worker's compensation self-insurers; to provide for the conservation, rehabilitation, or liquidation of unsound or insolvent insurers; to provide for the protection of policyholders, claimants, and creditors of unsound or insolvent insurers; to provide for associations of insurers to protect policyholders and claimants in the event of insurer insolvencies; to prescribe educational requirements for insurance agents and solicitors; to provide for the regulation of multiple employer welfare arrangements; to create an automobile theft prevention authority to reduce the number of automobile thefts in this state; to prescribe the powers and duties of the automobile theft prevention authority; to provide certain powers and duties upon certain officials, departments, and authorities of this state; to repeal acts and parts of acts; and to provide penalties for the violation of this act," (MCL 500.100 to 500.8302) by adding section 3406p.

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.

______

Rep. Raczkowski moved that when the House adjourns today it stand adjourned until Tuesday, December 5, at 10:00 a.m.

The motion prevailed.

Rep. Middaugh moved that the House adjourn.

The motion prevailed, the time being 11:00 p.m.

Associate Speaker Pro Tempore Patterson declared the House adjourned until Tuesday, December 5, at 10:00 a.m.

GARY L. RANDALL

Clerk of the House of Representatives.