2006-HJ-09-19-082.htm

No. 82

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

93rd Legislature

REGULAR SESSION OF 2006

House Chamber, Lansing, Tuesday, September 19, 2006.

12:00 Noon.

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

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

Accavitti--present Elsenheimer--present Law, Kathleen--present Robertson--present

Acciavatti--present Emmons--present Leland--present Rocca--present

Adamini--present Espinoza--present Lemmons, III--present Sak--present

Amos--present Farhat--present Lemmons, Jr.--present Schuitmaker--present

Anderson--present Farrah--present Lipsey--present Shaffer--present

Angerer--present Gaffney--present Marleau--present Sheen--present

Ball--present Garfield--present Mayes--present Sheltrown--present

Baxter--present Gillard--present McConico--present Smith, Alma--present

Bennett--present Gleason--present McDowell--present Smith, Virgil--present

Bieda--present Gonzales--present Meisner--present Spade--present

Booher--present Gosselin--present Meyer--present Stahl--present

Brandenburg--present Green--present Miller--present Stakoe--present

Brown--present Hansen--present Moolenaar--present Steil--present

Byrnes--present Hildenbrand--present Moore--present Stewart--present

Byrum--present Hood--present Mortimer--present Taub--present

Casperson--present Hoogendyk--present Murphy--present Tobocman--present

Caswell--present Hopgood--present Newell--present Vagnozzi--present

Caul--present Huizenga--present Nitz--present Van Regenmorter--present

Cheeks--present Hummel--present Nofs--present Vander Veen--present

Clack--present Hune--present Palmer--present Walker--present

Clemente--present Hunter--present Palsrok--present Ward--present

Condino--present Jones--present Pastor--present Waters--present

Cushingberry--excused Kahn--present Pavlov--present Wenke--present

DeRoche--present Kolb--present Pearce--present Williams--present

Dillon--present Kooiman--present Plakas--present Wojno--present

Donigan--present LaJoy--present Polidori--present Zelenko--present

Drolet--present Law, David--present Proos--present

e/d/s = entered during session

Rep. Scott Hummel, from the 93rd District, offered the following invocation:

"Heavenly Father, we come before You and we give You thanks. We thank You first for life. We thank You for liberty. We thank You for this country that we live in where we have such tremendous rights. They are rights that You have granted us as human beings. Thank You for the freedom that we enjoy. Lord, we acknowledge that You are the source of all wisdom and knowledge and we pray that You would share that with us today as we seek to do business as representatives of the people of Michigan. Thank You for the privilege of being here. We commit this date to You. In Jesus name we pray, Amen."

______

The Speaker assumed the Chair.

Rep. Waters moved that Rep. Cushingberry be excused from today's session.

The motion prevailed.

The Speaker called the Speaker Pro Tempore to the Chair.

Second Reading of Bills

House Bill No. 5969, entitled

A bill to amend 1953 PA 232, entitled "Corrections code of 1953," by amending section 6 (MCL 791.206), as amended by 1996 PA 104.

The bill was read a second time.

Rep. Ward moved that the bill be re-referred to the Committee on Judiciary.

The motion prevailed.

Senate Bill No. 1052, entitled

A bill to amend 1995 PA 279, entitled "Horse racing law of 1995," by amending sections 2 and 4 (MCL 431.302 and 431.304).

The bill was read a second time.

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

The motion prevailed.

Pending the Second Reading of

House Bill No. 6215, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections80112 and 80113 (MCL 324.80112 and 324.80113), section 80112 as added by 1995 PA 58 and section 80113 as amended by 2000 PA 215.

Rep. Ward moved that the bill be re-referred to the Committee on Local Government and Urban Policy.

The motion prevailed.

Senate Bill No. 1226, entitled

A bill to amend 1998 PA 58, entitled "Michigan liquor control code of 1998," by amending section 703 (MCL 436.1703), as amended by 2004 PA 63.

The bill was read a second time.

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

The motion prevailed.

Senate Bill No. 1128, entitled

A bill to amend 1982 PA 295, entitled "Support and parenting time enforcement act," (MCL 552.601 to 552.650) by adding section 15a.

Was read a second time, and the question being on the adoption of the proposed amendments previously recommended by the Committee on Family and Children Services (for amendments, see House Journal No. 78, p.2426),

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

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

The motion prevailed.

House Bill No. 6440, entitled

A bill to amend 1994 PA 204, entitled "The children's ombudsman act," by amending the title and section 3 (MCL 722.923), as amended by 2004 PA 560.

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

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

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

The motion prevailed.

Notices

Rep. Clack, under Rule 33, made the following statement:

"Mr. Speaker and members of the House:

I was absent from the Chamber when the vote was taken on Roll Call Nos. 999-1014. Had I been present, I would have voted 'yea' on Roll Call Nos. 999-1004, 1007, 1010-1012 and 1014 and 'nay' on Roll Call Nos. 1005-1006, 1008-1009 and 1013."

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 on Thursday, September 14:

House Bill Nos. 6528 6533 6534

The Clerk announced that the following bills and joint resolution had been printed and placed upon the files of the members on Friday, September 15:

Senate Bill Nos. 1430 1431 1432 1433 1434 1435 1436 1437 1438 1439 1440 1441 1442 1443

1444 1445 1446 1447 1448 1449 1450

House Bill Nos. 6468 6469 6470 6471 6472 6473 6474 6475 6476 6477 6478 6479 6480 6481

6482 6483 6484 6485 6486 6487 6488 6489 6490 6491 6492 6493 6494 6495

6496 6497 6498 6499 6500 6501 6502 6503 6504 6505 6506 6507 6508 6509

6510 6511 6512 6513 6514 6515 6516 6517 6518 6519 6520 6521 6522 6523

6524 6525 6526 6527 6529 6530 6531 6532

House Joint Resolution BB

The Clerk announced the enrollment printing and presentation to the Governor on Monday, September 18, for her approval of the following bills:

Enrolled House Bill No. 4861 at 3:19 p.m.

Enrolled House Bill No. 5193 at 3:21 p.m.

Enrolled House Bill No. 5194 at 3:23 p.m.

Enrolled House Bill No. 5719 at 3:25 p.m.

Enrolled House Bill No. 6062 at 3:27 p.m.

Enrolled House Bill No. 6063 at 3:29 p.m.

Enrolled House Bill No. 6064 at 3:31 p.m.

Enrolled House Bill No. 6086 at 3:33 p.m.

Enrolled House Bill No. 6135 at 3:35 p.m.

Enrolled House Bill No. 6138 at 3:37 p.m.

Enrolled House Bill No. 6139 at 3:39 p.m.

Enrolled House Bill No. 6140 at 3:41 p.m.

Enrolled House Bill No. 6141 at 3:43 p.m.

Enrolled House Bill No. 6142 at 3:45 p.m.

Enrolled House Bill No. 6143 at 3:47 p.m.

Enrolled House Bill No. 6145 at 3:49 p.m.

Enrolled House Bill No. 6146 at 3:51 p.m.

Enrolled House Bill No. 6147 at 3:53 p.m.

Enrolled House Bill No. 6148 at 3:55 p.m.

Enrolled House Bill No. 6149 at 3:57 p.m.

Enrolled House Bill No. 6205 at 3:59 p.m.

Enrolled House Bill No. 6206 at 4:01 p.m.

Enrolled House Bill No. 6207 at 4:03 p.m.

Enrolled House Bill No. 6208 at 4:05 p.m.

The Clerk announced that the following Senate bills had been received on Tuesday, September 19:

Senate Bill Nos. 1257 1399

By unanimous consent the House returned to the order of

Reports of Standing Committees

The Committee on Health Policy, by Rep. Gaffney, Chair, reported

House Bill No. 6039, entitled

A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding section 2511.

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

To Report Out:

Yeas: Reps. Gaffney, Newell, Robertson, Vander Veen, Hune, Ward, Ball, Green, Kahn, Adamini, Wojno, McDowell, Gleason, Angerer and Clack

Nays: None

The Committee on Health Policy, by Rep. Gaffney, Chair, reported

House Bill No. 6308, entitled

A bill to amend 1953 PA 181, entitled "An act relative to investigations in certain instances of the causes of death within this state due to violence, negligence or other act or omission of a criminal nature or to protect public health; to provide for the taking of statements from injured persons under certain circumstances; to abolish the office of coroner and to create the office of county medical examiner in certain counties; to prescribe the powers and duties of county medical examiners; to prescribe penalties for violations of the provisions of this act; and to prescribe a referendum thereon," by amending sections 3, 4, and 5 (MCL 52.203, 52.204, and 52.205), section 5 as amended by 1980 PA 401.

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

To Report Out:

Yeas: Reps. Gaffney, Newell, Robertson, Vander Veen, Hune, Ward, Ball, Green, Kahn, Adamini, Wojno, McDowell, Gleason, Angerer and Clack

Nays: None

The Committee on Health Policy, by Rep. Gaffney, Chair, reported

House Bill No. 6309, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending section 2844a (MCL 333.2844a), as amended by 1990 PA 149.

Without amendment and with the recommendation that the bill pass.

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Gaffney, Newell, Robertson, Vander Veen, Hune, Ward, Ball, Green, Kahn, Adamini, Wojno, McDowell, Gleason, Angerer and Clack

Nays: None

The Committee on Health Policy, by Rep. Gaffney, Chair, reported

House Bill No. 6323, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 7405, 17703, 17708, 17709, 17745, 17751, and 17763 (MCL 333.7405, 333.17703, 333.17708, 333.17709, 333.17745, 333.17751, and 333.17763), section 7405 as amended by 2004 PA 536, section 17703 as amended by 1992 PA 281, sections 17708, 17751, and 17763 as amended by 2005 PA 85, and section 17745 as amended by 1997 PA 186, and by adding section 17754.

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

To Report Out:

Yeas: Reps. Gaffney, Newell, Robertson, Vander Veen, Hune, Ward, Ball, Kahn, Adamini, Wojno, McDowell, Gleason, Angerer and Clack

Nays: None

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, September 19, 2006

Present: Reps. Gaffney, Newell, Robertson, Vander Veen, Hune, Ward, Ball, Green, Kahn, Adamini, Wojno, McDowell, Gleason, Angerer and Clack

Absent: Reps. Nofs and Mortimer

Excused: Reps. Nofs and Mortimer

The Committee on Commerce, by Rep. Huizenga, Chair, reported

House Bill No. 6303, entitled

A bill to amend 1996 PA 381, entitled "Brownfield redevelopment financing act," by amending section 13 (MCL 125.2663), as amended by 2006 PA 32.

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

To Report Out:

Yeas: Reps. Huizenga, Baxter, Emmons, Palsrok, Wenke, Hildenbrand, Jones, Marleau, Pavlov, Schuitmaker, Meisner, Tobocman, Dillon, Accavitti, McConico and Leland

Nays: None

The Committee on Commerce, by Rep. Huizenga, Chair, reported

House Bill No. 6318, entitled

A bill to amend 1969 PA 306, entitled "Administrative procedures act of 1969," by amending section 5 (MCL 24.205), as amended by 2004 PA 23.

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

To Report Out:

Yeas: Reps. Huizenga, Baxter, Emmons, Palsrok, Wenke, Hildenbrand, Jones, Marleau, Pavlov, Schuitmaker, Meisner, Dillon, Accavitti, McConico and Leland

Nays: None

The Committee on Commerce, by Rep. Huizenga, Chair, reported

Senate Bill No. 1284, entitled

A bill to amend 1974 PA 198, entitled "An act to provide for the establishment of plant rehabilitation districts and industrial development districts in local governmental units; to provide for the exemption from certain taxes; to levy and collect a specific tax upon the owners of certain facilities; to impose and provide for the disposition of an administrative fee; to provide for the disposition of the tax; to provide for the obtaining and transferring of an exemption certificate and to prescribe the contents of those certificates; to prescribe the powers and duties of the state tax commission and certain officers of local governmental units; and to provide penalties," by amending section 9 (MCL 207.559), as amended by 2006 PA 22.

Without amendment and with the recommendation that the bill pass.

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Huizenga, Baxter, Emmons, Palsrok, Wenke, Hildenbrand, Jones, Marleau, Pavlov, Schuitmaker, Meisner, Tobocman, Dillon, Accavitti, McConico and Leland

Nays: None

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Huizenga, Chair, of the Committee on Commerce, was received and read:

Meeting held on: Tuesday, September 19, 2006

Present: Reps. Huizenga, Baxter, Emmons, Palsrok, Wenke, Hildenbrand, Jones, Marleau, Pavlov, Schuitmaker, Meisner, Tobocman, Dillon, Accavitti, McConico and Leland

Absent: Reps. Green, David Law and Bennett

Excused: Reps. Green, David Law and Bennett

The Committee on Judiciary, by Rep. Van Regenmorter, Chair, reported

House Bill No. 6430, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," (MCL 750.1 to 750.568) by adding section 411u.

With the recommendation that the substitute (H-3) 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

To Report Out:

Yeas: Reps. Van Regenmorter, Schuitmaker, Newell, Stakoe, Elsenheimer, Jones, David Law, Rocca, Lipsey, Condino, Adamini, McConico and Bieda

Nays: None

The Committee on Judiciary, by Rep. Van Regenmorter, Chair, reported

House Bill No. 6431, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 16t of chapter XVII (MCL 777.16t), as amended by 2004 PA 112.

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

To Report Out:

Yeas: Reps. Van Regenmorter, Schuitmaker, Newell, Stakoe, Elsenheimer, Jones, David Law, Rocca, Lipsey, Condino, Adamini, McConico and Bieda

Nays: None

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Van Regenmorter, Chair, of the Committee on Judiciary, was received and read:

Meeting held on: Tuesday, September 19, 2006

Present: Reps. Van Regenmorter, Schuitmaker, Newell, Stakoe, Elsenheimer, Jones, David Law, Rocca, Lipsey, Condino, Adamini, McConico, Bieda and Virgil Smith

Absent: Rep. Nofs

Excused: Rep. Nofs

The Committee on Government Operations, by Rep. Drolet, Chair, reported

House Bill No. 6481, entitled

A bill to amend 1939 PA 280, entitled "The social welfare act," by amending section 57l (MCL 400.57l), as added by 1999 PA 17.

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

To Report Out:

Yeas: Reps. Drolet, Hoogendyk, Gosselin, Garfield and Sheen

Nays: Rep. Tobocman

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Drolet, Chair, of the Committee on Government Operations, was received and read:

Meeting held on: Tuesday, September 19, 2006

Present: Reps. Drolet, Hoogendyk, Gosselin, Garfield, Sheen, Emmons, Tobocman and Lemmons, III

Absent: Rep. Lipsey

Excused: Rep. Lipsey

Messages from the Senate

House Bill No. 6249, entitled

A bill to amend 1960 PA 77, entitled "An act to create the Michigan higher education assistance authority and to prescribe its powers and duties; to authorize persons, corporations, and associations to make gifts to the authority; to prescribe the powers and duties of certain state officials; to authorize, ratify, and confirm certain guarantees of students' loans and authorize reguarantees; to authorize, ratify, and confirm certain guarantees of loans made to parents of students; to validate certain prior appropriations; and to authorize the transfer of certain appropriations to be transferred to and administered by the authority," (MCL 390.951 to 390.961) by adding section 7a; and to repeal acts and parts of acts.

The Senate has passed the bill and ordered that it be given immediate effect.

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

House Bill No. 5820, entitled

A bill to amend 1980 PA 87, entitled "The uniform condemnation procedures act," by amending section 8 (MCL 213.58), as amended by 1996 PA 474.

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

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

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

House Bill No. 5821, entitled

A bill to amend 1980 PA 87, entitled "The uniform condemnation procedures act," by amending section 5 (MCL 213.55), as amended by 1996 PA 474.

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

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

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

House Bill No. 6031, entitled

A bill to amend 1980 PA 119, entitled "Motor carrier fuel tax act," by amending section 8 (MCL 207.218), as amended by 2004 PA 472.

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

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

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

Senate Bill No. 1257, entitled

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

The Senate has passed the bill.

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

Senate Bill No. 1399, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 226a (MCL 257.226a), as amended by 2002 PA 642.

The Senate has passed the bill.

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

Communications from State Officers

The following communications from the Secretary of State were received and read:

Notices of Filing

Administrative Rules

June 28, 2006

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6 this is to advise you that the Michigan Department of Labor and Economic Growth, State Office of Administrative Hearings and Rules filed at 3:06 P.M. this date, administrative rule (06-06-06) for the Department of Labor and Economic Growth, Public Service Commission "Informational Reparation Docket Cases Before the Commission". These rules become effective immediately upon filing with the Secretary of State unless adopted under sections 33, 44, 45a(6) of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.

June 30, 2006

In accordance with the provisions of MCL 24.248 this is to advise you that the Department of Labor and Economic Growth, Office of Policy and Legislative Affairs filed at 3:35 P.M. this date, administrative rule (06-06-07E) for the Department of Education, Entitled "Special Education Hearings", these rules take effect upon filing with the Secretary of State and shall be effective until December 30, 2006.

Sincerely,

Terri Lynn Land

Secretary of State

Robin Houston, Office Supervisor

Office of the Great Seal

The communications were referred to the Clerk.

The following communication from the Barry, Branch and Calhoun Counties Michigan Works! was received and read:

September 13, 2006

Enclosed is a copy of the revised Workforce Investment Act Comprehensive Five-Year Local Plan for Adult, Dislocated Worker, and Youth Programs, as developed by the Workforce Development Board and Chief Elected Officials of the Barry, Branch and Calhoun Michigan Works! service delivery area.

Comments regarding the plan are to be directed in writing to the Workforce Development Board and Chief Elected Officials, in care of Michigan Works! at the Calhoun Intermediate School District, 17111 "G" Drive North, Marshall, MI 49068. If you have any questions, please contact our Michigan Works! Workforce Development Team at 269-789-2409.

Yours truly,

Elaine Furu-Baker

Director of Workforce Development

The communication was referred to the Clerk

Introduction of Bills

Rep. Huizenga introduced

House Bill No. 6535, entitled

A bill to regulate state private foundations; to prescribe standards for determining the intent of donors to state private foundations; to provide for reporting of financial and other information by state private foundations; to prescribe standards of conduct and administration of state private foundations and to prohibit certain actions; to provide for enforcement, investigation, and promulgation of rules by the attorney general; and to provide remedies for violations.

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

Reps. Pearce, Hildenbrand, Schuitmaker, LaJoy, Ball, Jones and Garfield introduced

House Bill No. 6536, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," (MCL 750.1 to 750.568) by adding section 394b.

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

Reps. Pearce, Hildenbrand, Schuitmaker, Gosselin, Garfield, Ball and LaJoy introduced

House Bill No. 6537, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 16s of chapter XVII (MCL 777.16s), as amended by 2005 PA 106.

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

By unanimous consent the House returned to the order of

Motions and Resolutions

The Speaker laid before the House

Senate Concurrent Resolution No. 54.

A concurrent resolution to waive the legislative notice requirement for increases in rates of compensation for certain employees in the state classified service.

(The concurrent resolution was introduced, rule suspended and postponed for the day on September 14, see House Journal No. 81, p. 2529.)

The question being on the adoption of the concurrent resolution,

Rep. Ward demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the concurrent resolution,

The concurrent resolution was adopted, a majority of the members present voting therefor, by yeas and nays, as follows:

Roll Call No. 1015 Yeas--101

Accavitti Emmons Lemmons, III Robertson

Acciavatti Espinoza Lemmons, Jr. Rocca

Adamini Farhat Lipsey Sak

Amos Farrah Marleau Schuitmaker

Anderson Gaffney Mayes Shaffer

Angerer Garfield McConico Sheltrown

Ball Gillard McDowell Smith, Alma

Baxter Gleason Meisner Smith, Virgil

Bennett Gonzales Meyer Spade

Bieda Green Miller Stahl

Booher Hansen Moolenaar Stakoe

Brandenburg Hildenbrand Moore Steil

Brown Hood Mortimer Stewart

Byrnes Hopgood Murphy Taub

Byrum Huizenga Newell Tobocman

Casperson Hummel Nitz Vagnozzi

Caswell Hune Nofs Van Regenmorter

Caul Hunter Palmer Vander Veen

Cheeks Kahn Palsrok Walker

Clack Kolb Pastor Ward

Clemente Kooiman Pavlov Waters

Condino LaJoy Pearce Wenke

DeRoche Law, David Plakas Williams

Dillon Law, Kathleen Polidori Wojno

Donigan Leland Proos Zelenko

Elsenheimer

Nays--5

Drolet Hoogendyk Jones Sheen

Gosselin

In The Chair: Kooiman

Notices

Rep. Murphy, under Rule 33, made the following statement:

"Mr. Speaker and members of the House:

By unanimous consent the House returned to the order of

Second Reading of Bills

Senate Bill No. 1284, entitled

The bill was read a second time.

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

The motion prevailed.

Rep. Ward 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. 1284, entitled

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

Roll Call No. 1016 Yeas--102

Accavitti Farhat Lemmons, Jr. Rocca

Acciavatti Farrah Lipsey Sak

Adamini Gaffney Marleau Schuitmaker

Amos Garfield Mayes Shaffer

Anderson Gillard McConico Sheen

Angerer Gleason McDowell Sheltrown

Ball Gonzales Meisner Smith, Alma

Baxter Green Meyer Smith, Virgil

Bennett Hansen Miller Spade

Booher Hildenbrand Moolenaar Stahl

Brandenburg Hood Moore Stakoe

Brown Hoogendyk Mortimer Steil

Byrnes Hopgood Murphy Stewart

Byrum Huizenga Newell Taub

Casperson Hummel Nitz Tobocman

Caul Hune Nofs Vagnozzi

Cheeks Hunter Palmer Van Regenmorter

Clack Jones Palsrok Vander Veen

Clemente Kahn Pastor Walker

Condino Kolb Pavlov Ward

DeRoche Kooiman Pearce Waters

Dillon LaJoy Plakas Wenke

Donigan Law, David Polidori Williams

Elsenheimer Law, Kathleen Proos Wojno

Emmons Leland Robertson Zelenko

Espinoza Lemmons, III

Nays--4

Bieda Caswell Drolet Gosselin

In The Chair: Kooiman

The House agreed to the title of the bill.

Rep. Ward 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

Messages from the Senate

The Speaker laid before the House

House Bill No. 4086, 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.

(The bill was received from the Senate on September 12, with substitute (S-2) and immediate effect given by the Senate, consideration of which, under the rules, was postponed until September 13, see House Journal No. 79, p. 2439.)

The question being on concurring in the substitute (S-2) made to the bill by the Senate,

The substitute (S-2) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 1017 Yeas--104

Accavitti Emmons Leland Robertson

Acciavatti Espinoza Lemmons, III Rocca

Adamini Farhat Lemmons, Jr. Sak

Amos Farrah Lipsey Schuitmaker

Anderson Gaffney Marleau Shaffer

Angerer Garfield Mayes Sheen

Ball Gillard McConico Sheltrown

Baxter Gleason McDowell Smith, Alma

Bennett Gonzales Meisner Smith, Virgil

Bieda Gosselin Meyer Spade

Booher Green Miller Stahl

Brandenburg Hansen Moolenaar Stakoe

Brown Hildenbrand Moore Steil

Byrnes Hood Mortimer Stewart

Byrum Hopgood Murphy Taub

Casperson Huizenga Newell Tobocman

Caswell Hummel Nitz Vagnozzi

Caul Hune Nofs Van Regenmorter

Cheeks Hunter Palmer Vander Veen

Clack Jones Palsrok Walker

Clemente Kahn Pastor Ward

Condino Kolb Pavlov Waters

DeRoche Kooiman Pearce Wenke

Dillon LaJoy Plakas Williams

Donigan Law, David Polidori Wojno

Elsenheimer Law, Kathleen Proos Zelenko

Nays--2

Drolet Hoogendyk

In The Chair: Kooiman

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

The Speaker laid before the House

House Bill No. 6014, entitled

A bill to amend 1931 PA 327, entitled "An act to provide for the organization, regulation and classification of corporations; to provide their rights, powers and immunities; to prescribe the conditions on which corporations may exercise their powers; to provide for the inclusion of certain existing corporations within the provisions of this act; to prescribe the terms and conditions upon which foreign corporations may be admitted to do business within this state; to require certain annual reports to be filed by corporations; to prescribe penalties for the violations of the provisions of this act; and to repeal certain acts and parts of acts relating to corporations," by amending sections 171 and 176 (MCL 450.171 and 450.176) and by adding section 177a.

(The bill was received from the Senate on September 14, with substitute (S-1), title amendment and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 81, p.2535.)

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

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

Roll Call No. 1018 Yeas--74

Accavitti Farhat Marleau Rocca

Acciavatti Gaffney Mayes Sak

Amos Garfield McDowell Schuitmaker

Angerer Gleason Meyer Shaffer

Ball Gosselin Moolenaar Sheen

Baxter Green Moore Sheltrown

Booher Hansen Mortimer Spade

Brandenburg Hildenbrand Newell Stahl

Byrum Hoogendyk Nitz Stakoe

Casperson Huizenga Nofs Steil

Caswell Hummel Palmer Stewart

Caul Hune Palsrok Taub

Clemente Jones Pastor Van Regenmorter

DeRoche Kahn Pavlov Vander Veen

Dillon Kooiman Pearce Walker

Drolet LaJoy Polidori Ward

Elsenheimer Law, David Proos Wenke

Emmons Lemmons, III Robertson Wojno

Espinoza Lipsey

Nays--32

Adamini Condino Kolb Plakas

Anderson Donigan Law, Kathleen Smith, Alma

Bennett Farrah Leland Smith, Virgil

Bieda Gillard Lemmons, Jr. Tobocman

Brown Gonzales McConico Vagnozzi

Byrnes Hood Meisner Waters

Cheeks Hopgood Miller Williams

Clack Hunter Murphy Zelenko

In The Chair: Kooiman

______

Rep. Pastor moved that Rep. Nofs be excused temporarily from today's session.

The motion prevailed.

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

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

Rep. Waters demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 1019 Yeas--80

Accavitti Espinoza Lemmons, III Robertson

Acciavatti Farhat Lipsey Rocca

Amos Farrah Marleau Sak

Angerer Gaffney Mayes Schuitmaker

Ball Garfield McConico Shaffer

Baxter Gleason McDowell Sheen

Bieda Gosselin Meyer Sheltrown

Booher Green Moolenaar Smith, Virgil

Brandenburg Hansen Moore Spade

Byrum Hildenbrand Mortimer Stahl

Casperson Hoogendyk Murphy Stakoe

Caswell Huizenga Newell Steil

Caul Hummel Nitz Stewart

Cheeks Hune Palmer Taub

Clemente Hunter Palsrok Van Regenmorter

DeRoche Jones Pastor Vander Veen

Dillon Kahn Pavlov Walker

Drolet Kooiman Pearce Ward

Elsenheimer LaJoy Polidori Wenke

Emmons Law, David Proos Wojno

Nays--24

Adamini Condino Law, Kathleen Smith, Alma

Anderson Donigan Leland Tobocman

Bennett Gonzales Lemmons, Jr. Vagnozzi

Brown Hood Meisner Waters

Byrnes Hopgood Miller Williams

Clack Kolb Plakas Zelenko

In The Chair: Kooiman

The House agreed to the title as amended.

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

The Speaker laid before the House

House Bill No. 6016, entitled

A bill to amend 1964 PA 142, entitled "An act to authorize the state department of education to provide minimum requirements for nonincorporated privately operated institutions which purport to offer degrees, diplomas or certificates based on education beyond high school, or education for transfer to institutions of higher learning," (MCL 390.771 to 390.772) by adding section 1a.

(The bill was received from the Senate on September 14, with amendments and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 81, p. 2536.)

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

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

Roll Call No. 1020 Yeas--76

Accavitti Gaffney Mayes Sak

Acciavatti Garfield McConico Schuitmaker

Amos Gleason McDowell Shaffer

Angerer Gosselin Meyer Sheen

Ball Green Moolenaar Sheltrown

Baxter Hansen Moore Smith, Virgil

Booher Hildenbrand Mortimer Spade

Brandenburg Hoogendyk Murphy Stahl

Byrum Huizenga Newell Stakoe

Casperson Hummel Nitz Steil

Caswell Hune Nofs Stewart

Caul Jones Palmer Taub

Clemente Kahn Palsrok Van Regenmorter

DeRoche Kooiman Pastor Vander Veen

Drolet LaJoy Pavlov Walker

Elsenheimer Law, David Pearce Ward

Emmons Lemmons, III Proos Waters

Espinoza Lipsey Robertson Wenke

Farhat Marleau Rocca Wojno

Nays--30

Adamini Condino Hunter Plakas

Anderson Dillon Kolb Polidori

Bennett Donigan Law, Kathleen Smith, Alma

Bieda Farrah Leland Tobocman

Brown Gillard Lemmons, Jr. Vagnozzi

Byrnes Gonzales Meisner Williams

Cheeks Hood Miller Zelenko

Clack Hopgood

In The Chair: Kooiman

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

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

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

Second Reading of Bills

House Bill No. 6455, entitled

A bill to amend 1985 PA 87, entitled "William Van Regenmorter crime victim's rights act," by amending sections13a, 16a, 17a, 31, 41a, 44a, 46b, 61, 76a, 78a, and 80a (MCL 780.763a, 780.766a, 780.767a, 780.781, 780.791a, 780.794a, 780.796b, 780.811, 780.826a, 780.828a, and 780.830a), sections 13a, 16a, 31, 44a, 61, and 76a as amended and sections 17a, 46b, and 80a as added by 2005 PA 184 and sections 41a and 78a as amended by 2000 PA503, and by adding sections 2a, 18b, 31a, 45a, 61b, and 77b.

The bill was read a second time.

Rep. Van Regenmorter moved to amend the bill as follows:

1. Amend page 25, following line 21, by inserting:

"Enacting section 1. This amendatory act takes effect January 1, 2007.".

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

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

The motion prevailed.

Rep. Ward 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. 6455, entitled

A bill to amend 1985 PA 87, entitled "William Van Regenmorter crime victim's rights act," by amending sections 13a, 16a, 17a, 31, 41a, 44a, 46b, 61, 76a, 78a, and 80a (MCL 780.763a, 780.766a, 780.767a, 780.781, 780.791a, 780.794a, 780.796b, 780.811, 780.826a, 780.828a, and 780.830a), sections 13a, 16a, 31, 44a, 61, and 76a as amended and sections 17a, 46b, and 80a as added by 2005 PA 184 and sections 41a and 78a as amended by 2000 PA 503, and by adding sections 2a, 18b, 31a, 45a, 61b, and 77b.

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

Roll Call No. 1021 Yeas--106

Accavitti Emmons Leland Robertson

Acciavatti Espinoza Lemmons, III Rocca

Adamini Farhat Lemmons, Jr. Sak

Amos Farrah Lipsey Schuitmaker

Anderson Gaffney Marleau Shaffer

Angerer Garfield Mayes Sheen

Ball Gillard McConico Sheltrown

Baxter Gleason McDowell Smith, Alma

Bennett Gonzales Meisner Smith, Virgil

Bieda Gosselin Meyer Spade

Booher Green Miller Stahl

Brandenburg Hansen Moolenaar Stakoe

Brown Hildenbrand Moore Steil

Byrnes Hood Mortimer Stewart

Byrum Hoogendyk Murphy Taub

Casperson Hopgood Newell Tobocman

Caswell Huizenga Nitz Vagnozzi

Caul Hummel Nofs Van Regenmorter

Cheeks Hune Palmer Vander Veen

Clack Hunter Palsrok Walker

Clemente Jones Pastor Ward

Condino Kahn Pavlov Waters

DeRoche Kolb Pearce Wenke

Dillon Kooiman Plakas Williams

Donigan LaJoy Polidori Wojno

Drolet Law, David Proos Zelenko

Elsenheimer Law, Kathleen

Nays--0

In The Chair: Kooiman

The House agreed to the title of the bill.

Rep. Ward 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. 1375, entitled

A bill to amend 1971 PA 140, entitled "Glenn Steil state revenue sharing act of 1971," by amending section 13 (MCL 141.913), as amended by 2005 PA 196.

The bill was read a second time.

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

The motion prevailed.

Rep. Ward 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. 1375, entitled

A bill to amend 1971 PA 140, entitled "Glenn Steil state revenue sharing act of 1971," by amending section 13 (MCL 141.913), as amended by 2005 PA 196.

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--94

Accavitti Elsenheimer Law, Kathleen Robertson

Acciavatti Emmons Lipsey Rocca

Adamini Espinoza Marleau Sak

Amos Farhat Mayes Schuitmaker

Anderson Farrah McDowell Shaffer

Ball Garfield Meisner Sheen

Baxter Gillard Meyer Sheltrown

Bennett Gleason Miller Smith, Alma

Bieda Gonzales Moolenaar Spade

Booher Gosselin Moore Stahl

Brandenburg Green Mortimer Stakoe

Brown Hansen Murphy Steil

Byrnes Hildenbrand Newell Stewart

Byrum Hoogendyk Nitz Taub

Casperson Hopgood Nofs Vagnozzi

Caswell Huizenga Palmer Van Regenmorter

Caul Hummel Palsrok Vander Veen

Clack Hune Pastor Walker

Clemente Jones Pavlov Ward

Condino Kahn Pearce Wenke

DeRoche Kolb Plakas Williams

Dillon Kooiman Polidori Wojno

Donigan LaJoy Proos Zelenko

Drolet Law, David

Nays--12

Angerer Hood Lemmons, III Smith, Virgil

Cheeks Hunter Lemmons, Jr. Tobocman

Gaffney Leland McConico Waters

In The Chair: Kooiman

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

"An act to provide for the distribution of certain state revenues to cities, villages, townships, and counties; to impose certain duties and confer certain powers on this state, political subdivisions of this state, and the officers of both; to create reserve funds; and to establish a revenue sharing task force and provide for its powers and duties,"

The House agreed to the full title.

Rep. Ward 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. 6359, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending sections 3801, 3805, 3807, 3809, 3811, 3815, 3817, 3819, 3823, 3827, 3830, 3835, 3839, 3841, and 3849 (MCL 500.3801, 500.3805, 500.3807, 500.3809, 500.3811, 500.3815, 500.3817, 500.3819, 500.3823, 500.3827, 500.3830, 500.3835, 500.3839, 500.3841, and 500.3849), sections 3801, 3807, 3809, 3811, 3815, and 3819 as amended and section 3830 as added by 2002 PA304 and sections 3805, 3817, 3823, 3827, 3835, 3839, 3841, and 3849 as added by 1992 PA 84, and by adding section 3804; 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 Health Policy,

The substitute (H-1) was not adopted, a majority of the members serving not voting therefor.

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

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

Rep. Sheen moved to amend the bill as follows:

1. Amend page 120, following line 10, by inserting:

"Sec. 3831. (1) Each insurer offering individual or group expense incurred hospital, medical, or surgical policies or certificates in this state shall provide without restriction, to any person who requests coverage from an insurer and has been insured with an insurer subject to this section, if the person would no longer be insured because he or she has become eligible for medicare or if the person loses coverage under a group policy after becoming eligible for medicare, a right of continuation or conversion to their choice of the basic core benefits as described in section 3807 or a type C medicare supplemental package as described in section 3811(5)(c) that is guaranteed renewable or noncancellable. A person who is hospitalized or has been informed by a physician that he or she will require hospitalization within 30days after the time of application shall not be entitled to coverage under this subsection until the day following the date of discharge. However, if the hospitalized person was insured by the insurer immediately prior to becoming eligible for medicare or immediately prior to losing coverage under a group policy after becoming eligible for medicare, the person shall be eligible for immediate coverage from the previous insurer under this subsection. A person shall not be entitled to a medicare supplemental policy under this subsection unless the person presents satisfactory proof to the insurer that he or she was insured with an insurer subject to this section. A person who wishes coverage under this subsection must either request coverage within 90 days before or 90 days after the month he or she becomes eligible for medicare or request coverage within 180 days after losing coverage under a group policy. A person 60 years of age or older who loses coverage under a group policy is entitled to coverage under a medicare supplemental policy without restriction from the insurer providing the former group coverage, if he or she requests coverage within 90 days before or 90 days after the month he or she becomes eligible for medicare.

(2) Except as provided in section 3833, a person not insured under an individual or group hospital, medical, or surgical expense incurred policy as specified in subsection (1), after applying for coverage under a medicare supplemental policy required to be offered under subsection (1), shall be entitled to coverage under a medicare supplemental policy that may include a provision for exclusion from preexisting conditions for 6 months after the inception of coverage, consistent with the provisions of section 3819(2)(a).

(3) Each insurer offering individual expense incurred hospital, medical, or surgical policies in this state shall give to each person who is insured with the insurer at the time he or she becomes eligible for medicare, and to each applicant of the insurer who is eligible for medicare, written notice of the availability of coverage under this section. Each group policyholder providing hospital, medical, or surgical expense incurred coverage in this state shall give to each certificate holder who is covered at the time he or she becomes eligible for medicare, written notice of the availability of coverage under this section.

(4) NOTWITHSTANDING THE REQUIREMENTS OF THIS SECTION, AN INSURER OFFERING OR RENEWING INDIVIDUAL OR GROUP EXPENSE INCURRED HOSPITAL, MEDICAL, OR SURGICAL POLICIES OR CERTIFICATES AFTER JUNE 27, 2005 MAY COMPLY WITH THE REQUIREMENT OF PROVIDING MEDICARE SUPPLEMENTAL COVERAGE TO ELIGIBLE POLICYHOLDERS BY UTILIZING ANOTHER INSURER TO WRITE THIS COVERAGE PROVIDED THE INSURER MEETS ALL OF THE FOLLOWING REQUIREMENTS:

(A) THE INSURER PROVIDES ITS POLICYHOLDERS THE NAME OF THE INSURER THAT WILL PROVIDE THE MEDICARE SUPPLEMENTAL COVERAGE.

(B) THE INSURER GIVES ITS POLICYHOLDERS THE TELEPHONE NUMBERS AT WHICH THE MEDICARE SUPPLEMENTAL INSURER CAN BE REACHED.

(C) THE INSURER REMAINS RESPONSIBLE FOR PROVIDING MEDICARE SUPPLEMENTAL COVERAGE TO ITS POLICYHOLDERS IN THE EVENT THAT THE OTHER INSURER NO LONGER PROVIDES COVERAGE AND ANOTHER INSURER IS NOT FOUND TO TAKE ITS PLACE.

(D) THE INSURER PROVIDES CERTIFICATION FROM AN EXECUTIVE OFFICER FOR THE SPECIFIC INSURER OR AFFILIATE OF THE INSURER WISHING TO UTILIZE THIS OPTION. THIS CERTIFICATION SHALL IDENTIFY THE PROCESS PROVIDED IN SUBDIVISIONS (A) THROUGH (C) AND SHALL CLEARLY STATE THAT THE INSURER UNDERSTANDS THAT THE COMMISSIONER MAY VOID THIS ARRANGEMENT IF THE AFFILIATE FAILS TO ENSURE THAT ELIGIBLE POLICYHOLDERS ARE IMMEDIATELY OFFERED MEDICARE SUPPLEMENTAL POLICIES.

(E) THE INSURER CERTIFIES TO THE COMMISSIONER THAT IT IS IN THE PROCESS OF DISCONTINUING IN MICHIGAN ITS OFFERING OF INDIVIDUAL OR GROUP EXPENSE INCURRED HOSPITAL, MEDICAL, OR SURGICAL POLICIES OR CERTIFICATES.".

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

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

The motion prevailed.

Rep. Ward 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. 6359, entitled

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

Roll Call No. 1023 Yeas--106

Accavitti Emmons Leland Robertson

Acciavatti Espinoza Lemmons, III Rocca

Adamini Farhat Lemmons, Jr. Sak

Amos Farrah Lipsey Schuitmaker

Anderson Gaffney Marleau Shaffer

Angerer Garfield Mayes Sheen

Ball Gillard McConico Sheltrown

Baxter Gleason McDowell Smith, Alma

Bennett Gonzales Meisner Smith, Virgil

Bieda Gosselin Meyer Spade

Booher Green Miller Stahl

Brandenburg Hansen Moolenaar Stakoe

Brown Hildenbrand Moore Steil

Byrnes Hood Mortimer Stewart

Byrum Hoogendyk Murphy Taub

Casperson Hopgood Newell Tobocman

Caswell Huizenga Nitz Vagnozzi

Caul Hummel Nofs Van Regenmorter

Cheeks Hune Palmer Vander Veen

Clack Hunter Palsrok Walker

Clemente Jones Pastor Ward

Condino Kahn Pavlov Waters

DeRoche Kolb Pearce Wenke

Dillon Kooiman Plakas Williams

Donigan LaJoy Polidori Wojno

Drolet Law, David Proos Zelenko

Elsenheimer Law, Kathleen

Nays--0

In The Chair: Kooiman

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

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

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending sections 3801, 3805, 3807, 3809, 3811, 3815, 3817, 3819, 3823, 3827, 3830, 3831, 3835, 3839, 3841, and 3849 (MCL 500.3801, 500.3805, 500.3807, 500.3809, 500.3811, 500.3815, 500.3817, 500.3819, 500.3823, 500.3827, 500.3830, 500.3831, 500.3835, 500.3839, 500.3841, and 500.3849), sections 3801, 3807, 3809, 3811, 3815, and 3819 as amended and section 3830 as added by 2002 PA 304 and sections 3805, 3817, 3823, 3827, 3831, 3835, 3839, 3841, and 3849 as added by 1992 PA 84, and by adding section 3804; and to repeal acts and parts of acts.

The motion prevailed.

The House agreed to the title as amended.

Rep. Ward 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. 6440, entitled

A bill to amend 1994 PA 204, entitled "The children's ombudsman act," by amending the title and section 3 (MCL 722.923), as amended by 2004 PA 560.

(The bill was considered earlier today, see today's Journal, p. 2549.)

Rep. Spade moved to substitute (H-5) the bill.

The question being on the adoption of the substitute (H-5) offered by Rep. Spade,

Rep. Waters demanded the yeas and nays.

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

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

The motion prevailed.

House Bill No. 6457, entitled

A bill to require consumer reporting agencies to report certain new credit activity to consumers who have registered with the office of financial and insurance services; and to provide for the powers and duties of certain state officers and entities.

The bill was read a second time.

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

The motion prevailed.

The House returned to the consideration of

House Bill No. 6440, entitled

A bill to amend 1994 PA 204, entitled "The children's ombudsman act," by amending the title and section 3 (MCL 722.923), as amended by 2004 PA 560.

(The bill was considered earlier today, see today's Journal, p. 2567.)

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

The demand was supported.

The question being on the adoption of the substitute (H-5) offered previously by Rep. Spade,

The substitute (H-5) was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:

Roll Call No. 1024 Yeas--48

Accavitti Condino Law, Kathleen Polidori

Adamini Dillon Leland Sak

Anderson Donigan Lemmons, III Sheltrown

Angerer Espinoza Lemmons, Jr. Smith, Alma

Bennett Farrah Lipsey Smith, Virgil

Bieda Gillard Mayes Spade

Brown Gleason McConico Tobocman

Byrnes Gonzales McDowell Vagnozzi

Byrum Hood Meisner Waters

Cheeks Hopgood Miller Williams

Clack Hunter Murphy Wojno

Clemente Kolb Plakas Zelenko

Nays--58

Acciavatti Garfield Meyer Rocca

Amos Gosselin Moolenaar Schuitmaker

Ball Green Moore Shaffer

Baxter Hansen Mortimer Sheen

Booher Hildenbrand Newell Stahl

Brandenburg Hoogendyk Nitz Stakoe

Casperson Huizenga Nofs Steil

Caswell Hummel Palmer Stewart

Caul Hune Palsrok Taub

DeRoche Jones Pastor Van Regenmorter

Drolet Kahn Pavlov Vander Veen

Elsenheimer Kooiman Pearce Walker

Emmons LaJoy Proos Ward

Farhat Law, David Robertson Wenke

Gaffney Marleau

In The Chair: Kooiman

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

The motion prevailed.

House Bill No. 5389, entitled

A bill to amend 1939 PA 280, entitled "The social welfare act," (MCL 400.1 to 400.119b) by adding section 109i.

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

Reps. Farhat and Pastor moved to substitute (H-3) the bill.

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

Rep. Shaffer moved to amend the bill as follows:

1. Amend page 12, following line 3, by inserting:

"(19) MEDICAID REIMBURSEMENT FOR HEALTH FACILITIES OR AGENCIES SHALL NOT BE REDUCED BELOW THE LEVEL OF RATES AND PAYMENTS IN EFFECT ON OCTOBER 1, 2006, AS A DIRECT RESULT OF THE 4 PILOT SINGLE POINT OF ENTRY AGENCIES DESIGNATED UNDER SUBSECTION (9)." and renumbering the remaining subsection.

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

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

The motion prevailed.

Rep. Ward 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. 5389, entitled

A bill to amend 1939 PA 280, entitled "The social welfare act," (MCL 400.1 to 400.119b) by adding section 109i.

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

Roll Call No. 1025 Yeas--106

Accavitti Emmons Leland Robertson

Acciavatti Espinoza Lemmons, III Rocca

Adamini Farhat Lemmons, Jr. Sak

Amos Farrah Lipsey Schuitmaker

Anderson Gaffney Marleau Shaffer

Angerer Garfield Mayes Sheen

Ball Gillard McConico Sheltrown

Baxter Gleason McDowell Smith, Alma

Bennett Gonzales Meisner Smith, Virgil

Bieda Gosselin Meyer Spade

Booher Green Miller Stahl

Brandenburg Hansen Moolenaar Stakoe

Brown Hildenbrand Moore Steil

Byrnes Hood Mortimer Stewart

Byrum Hoogendyk Murphy Taub

Casperson Hopgood Newell Tobocman

Caswell Huizenga Nitz Vagnozzi

Caul Hummel Nofs Van Regenmorter

Cheeks Hune Palmer Vander Veen

Clack Hunter Palsrok Walker

Clemente Jones Pastor Ward

Condino Kahn Pavlov Waters

DeRoche Kolb Pearce Wenke

Dillon Kooiman Plakas Williams

Donigan LaJoy Polidori Wojno

Drolet Law, David Proos Zelenko

Elsenheimer Law, Kathleen

Nays--0

In The Chair: Kooiman

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

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

A bill to amend 1939 PA 280, entitled "The social welfare act," (MCL 400.1 to 400.119b) by adding sections 109i and 109j.

The motion prevailed.

The House agreed to the title as amended.

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

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

Reps. Waters, McConico, Anderson, Stewart, Kolb, Lipsey, Meyer, Hummel, Williams, Adamini, Brown, Virgil Smith, Hopgood, Kathleen Law, Bieda, Meisner, Acciavatti, Condino, Stakoe, Caswell, Nofs, Wenke, Ward, Steil, Huizenga, Moolenaar, Angerer, Baxter, Booher, Cheeks, Clemente, Espinoza, Gonzales, Hildenbrand, Jones, Leland, Lemmons, III, Lemmons, Jr., McDowell, Miller, Moore, Rocca, Hood and Murphy were named co-sponsors of the bill.

Second Reading of Bills

The House returned to the consideration of

House Bill No. 6457, entitled

(The bill was considered earlier today, see today's Journal, p. 2567.)

Rep. Spade moved to amend the bill as follows:

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

"Enacting section 1. This act does not take effect unless House Bill No. 4525 of the 93rd Legislature is enacted into law.".

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

Rep. Waters demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 1026 Yeas--53

Accavitti Condino Law, David Plakas

Adamini Dillon Law, Kathleen Polidori

Anderson Donigan Leland Sak

Angerer Espinoza Lemmons, III Sheltrown

Baxter Farhat Lemmons, Jr. Smith, Alma

Bennett Farrah Lipsey Smith, Virgil

Bieda Gillard Mayes Spade

Brandenburg Gleason McDowell Tobocman

Brown Gonzales Meisner Vagnozzi

Byrnes Hood Miller Waters

Byrum Hopgood Moore Williams

Cheeks Hunter Mortimer Wojno

Clack Kolb Murphy Zelenko

Clemente

Nays--53

Acciavatti Green Meyer Schuitmaker

Amos Hansen Moolenaar Shaffer

Ball Hildenbrand Newell Sheen

Booher Hoogendyk Nitz Stahl

Casperson Huizenga Nofs Stakoe

Caswell Hummel Palmer Steil

Caul Hune Palsrok Stewart

DeRoche Jones Pastor Taub

Drolet Kahn Pavlov Van Regenmorter

Elsenheimer Kooiman Pearce Vander Veen

Emmons LaJoy Proos Walker

Gaffney Marleau Robertson Ward

Garfield McConico Rocca Wenke

Gosselin

In The Chair: Kooiman

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

The motion prevailed.

Rep. Ward 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. 6457, entitled

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

Roll Call No. 1027 Yeas--105

Accavitti Espinoza Leland Robertson

Acciavatti Farhat Lemmons, III Rocca

Adamini Farrah Lemmons, Jr. Sak

Amos Gaffney Lipsey Schuitmaker

Anderson Garfield Marleau Shaffer

Angerer Gillard Mayes Sheen

Ball Gleason McConico Sheltrown

Baxter Gonzales McDowell Smith, Alma

Bennett Gosselin Meisner Smith, Virgil

Bieda Green Meyer Spade

Booher Hansen Miller Stahl

Brandenburg Hildenbrand Moolenaar Stakoe

Brown Hood Moore Steil

Byrnes Hoogendyk Mortimer Stewart

Byrum Hopgood Murphy Taub

Casperson Huizenga Newell Tobocman

Caswell Hummel Nitz Vagnozzi

Caul Hune Nofs Van Regenmorter

Cheeks Hunter Palmer Vander Veen

Clack Jones Palsrok Walker

Clemente Kahn Pastor Ward

Condino Kolb Pavlov Waters

DeRoche Kooiman Pearce Wenke

Dillon LaJoy Plakas Williams

Donigan Law, David Polidori Wojno

Elsenheimer Law, Kathleen Proos Zelenko

Emmons

Nays--1

Drolet

In The Chair: Kooiman

The House agreed to the title of the bill.

Rep. Ward 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. 6458, entitled

A bill to amend 1962 PA 174, entitled "Uniform commercial code," by amending section 4403 (MCL 440.4403), as amended by 1993 PA 130.

The bill was read a second time.

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

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

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

The motion prevailed.

Rep. Ward 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. 6458, entitled

A bill to amend 1962 PA 174, entitled "Uniform commercial code," by amending section 4403 (MCL 440.4403), as amended by 1993 PA 130.

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

Roll Call No. 1028 Yeas--103

Accavitti Farhat Lemmons, III Rocca

Acciavatti Farrah Lemmons, Jr. Sak

Amos Gaffney Lipsey Schuitmaker

Anderson Garfield Marleau Shaffer

Angerer Gillard Mayes Sheen

Ball Gleason McConico Sheltrown

Baxter Gonzales McDowell Smith, Alma

Bennett Gosselin Meisner Smith, Virgil

Bieda Green Meyer Spade

Booher Hansen Miller Stahl

Brandenburg Hildenbrand Moolenaar Stakoe

Brown Hood Moore Steil

Byrnes Hoogendyk Mortimer Stewart

Byrum Hopgood Murphy Taub

Casperson Huizenga Newell Tobocman

Caswell Hummel Nitz Vagnozzi

Caul Hune Nofs Van Regenmorter

Cheeks Hunter Palmer Vander Veen

Clack Jones Palsrok Walker

Clemente Kahn Pastor Ward

Condino Kolb Pavlov Waters

DeRoche Kooiman Pearce Wenke

Donigan LaJoy Plakas Williams

Elsenheimer Law, David Polidori Wojno

Emmons Law, Kathleen Proos Zelenko

Espinoza Leland Robertson

Nays--3

Adamini Dillon Drolet

In The Chair: Kooiman

The House agreed to the title of the bill.

Rep. Ward 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. 6459, entitled

A bill to amend 2004 PA 452, entitled "Identity theft protection act," by amending section 11 (MCL 445.71).

The bill was read a second time.

Rep. Robertson moved to amend the bill as follows:

1. Amend page 3, line 18, after "PERIOD." by inserting "THIS SUBDIVISION DOES NOT APPLY IF THE PERSON FROM WHICH THE CONSUMER OBTAINS THE GOODS OR SERVICES IS A FINANCIAL INSTITUTION OR AN AFFILIATE OF A FINANCIAL INSTITUTION AND THE CONSUMER IS AN ACCOUNT HOLDER OF THAT FINANCIAL INSTITUTION.".

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

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

The motion prevailed.

Rep. Ward 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. 6459, entitled

A bill to amend 2004 PA 452, entitled "Identity theft protection act," by amending section 11 (MCL 445.71).

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

Roll Call No. 1029 Yeas--105

Accavitti Espinoza Leland Robertson

Acciavatti Farhat Lemmons, III Rocca

Adamini Farrah Lemmons, Jr. Sak

Amos Gaffney Lipsey Schuitmaker

Anderson Garfield Marleau Shaffer

Angerer Gillard Mayes Sheen

Ball Gleason McConico Sheltrown

Baxter Gonzales McDowell Smith, Alma

Bennett Gosselin Meisner Smith, Virgil

Bieda Green Meyer Spade

Booher Hansen Miller Stahl

Brandenburg Hildenbrand Moolenaar Stakoe

Brown Hood Moore Steil

Byrnes Hoogendyk Mortimer Stewart

Byrum Hopgood Murphy Taub

Casperson Huizenga Newell Tobocman

Caswell Hummel Nitz Vagnozzi

Caul Hune Nofs Van Regenmorter

Cheeks Hunter Palmer Vander Veen

Clack Jones Palsrok Walker

Clemente Kahn Pastor Ward

Condino Kolb Pavlov Waters

DeRoche Kooiman Pearce Wenke

Dillon LaJoy Plakas Williams

Donigan Law, David Polidori Wojno

Elsenheimer Law, Kathleen Proos Zelenko

Emmons

Nays--1

Drolet

In The Chair: Kooiman

The House agreed to the title of the bill.

Rep. Ward 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

Messages from the Senate

The Speaker laid before the House

House Bill No. 6150, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 18103, 18105, and 18115 (MCL 333.18103, 333.18105, and 333.18115), section 18103 as amended by 1993 PA 79, section 18105 as amended by 1989 PA 262, and section 18115 as added by 1988 PA 421.

(The bill was received from the Senate on September 13, with substitute (S-1), full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until September 14, see House Journal No. 80, p. 2509.)

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

Rep. Caswell moved to amend the bill as follows:

1. Amend page 1, following "THE PEOPLE OF THE STATE OF MICHIGAN ENACT:" by inserting:

"SEC. 16605. THE FOLLOWING WORDS, TITLES, OR LETTERS OR A COMBINATION THEREOF, WITH OR WITHOUT QUALIFYING WORDS OR PHRASES, ARE RESTRICTED IN USE ONLY TO THOSE PERSONS AUTHORIZED UNDER THIS PART TO USE THE FOLLOWING TERMS AND IN A WAY PRESCRIBED IN THIS PART: "DENTIST", "DOCTOR OF DENTAL SURGERY", "ORAL AND MAXILLOFACIAL SURGEON", "ORTHODONTIST", "PROSTHODONTIST", "PERIODONTIST", "ENDODONTIST", "ORAL PATHOLOGIST", "PEDIATRIC DENTIST", "DENTAL HYGIENIST", "REGISTERED DENTAL HYGIENIST", "DENTAL ASSISTANT", "REGISTERED DENTAL ASSISTANT", "R.D.A.", "D.D.S.", "D.M.D.", AND "R.D.H.".

SEC. 16620. THE TERMS OF OFFICE OF INDIVIDUAL MEMBERS OF THE BOARD AND TASK FORCE CREATED UNDER THIS PART, EXCEPT THOSE APPOINTED TO FILL VACANCIES, EXPIRE 4 YEARS AFTER APPOINTMENT ON JUNE 30 OF THE YEAR IN WHICH THE TERM WILL EXPIRE.".

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

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

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

Roll Call No. 1030 Yeas--106

Accavitti Emmons Leland Robertson

Acciavatti Espinoza Lemmons, III Rocca

Adamini Farhat Lemmons, Jr. Sak

Amos Farrah Lipsey Schuitmaker

Anderson Gaffney Marleau Shaffer

Angerer Garfield Mayes Sheen

Ball Gillard McConico Sheltrown

Baxter Gleason McDowell Smith, Alma

Bennett Gonzales Meisner Smith, Virgil

Bieda Gosselin Meyer Spade

Booher Green Miller Stahl

Brandenburg Hansen Moolenaar Stakoe

Brown Hildenbrand Moore Steil

Byrnes Hood Mortimer Stewart

Byrum Hoogendyk Murphy Taub

Casperson Hopgood Newell Tobocman

Caswell Huizenga Nitz Vagnozzi

Caul Hummel Nofs Van Regenmorter

Cheeks Hune Palmer Vander Veen

Clack Hunter Palsrok Walker

Clemente Jones Pastor Ward

Condino Kahn Pavlov Waters

DeRoche Kolb Pearce Wenke

Dillon Kooiman Plakas Williams

Donigan LaJoy Polidori Wojno

Drolet Law, David Proos Zelenko

Elsenheimer Law, Kathleen

Nays--0

In The Chair: Kooiman

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

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

The motion prevailed.

The House agreed to the title as amended.

Second Reading of Bills

House Bill No. 6267, entitled

A bill to amend 1979 PA 152, entitled "State license fee act," by amending the title and sections 3 and 37 (MCL 338.2203 and 338.2237), section 3 as amended by 1993 PA 139 and section 37 as amended by 2003 PA 87.

The bill was read a second time.

Rep. McDowell moved to amend the bill as follows:

1. Amend page 3, line 23, after "department" by striking out "OF ATTORNEY GENERAL".

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

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

The motion prevailed.

Rep. Ward 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. 6267, entitled

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

Roll Call No. 1031 Yeas--106

Accavitti Emmons Leland Robertson

Acciavatti Espinoza Lemmons, III Rocca

Adamini Farhat Lemmons, Jr. Sak

Amos Farrah Lipsey Schuitmaker

Anderson Gaffney Marleau Shaffer

Angerer Garfield Mayes Sheen

Ball Gillard McConico Sheltrown

Baxter Gleason McDowell Smith, Alma

Bennett Gonzales Meisner Smith, Virgil

Bieda Gosselin Meyer Spade

Booher Green Miller Stahl

Brandenburg Hansen Moolenaar Stakoe

Brown Hildenbrand Moore Steil

Byrnes Hood Mortimer Stewart

Byrum Hoogendyk Murphy Taub

Casperson Hopgood Newell Tobocman

Caswell Huizenga Nitz Vagnozzi

Caul Hummel Nofs Van Regenmorter

Cheeks Hune Palmer Vander Veen

Clack Hunter Palsrok Walker

Clemente Jones Pastor Ward

Condino Kahn Pavlov Waters

DeRoche Kolb Pearce Wenke

Dillon Kooiman Plakas Williams

Donigan LaJoy Polidori Wojno

Drolet Law, David Proos Zelenko

Elsenheimer Law, Kathleen

Nays--0

In The Chair: Kooiman

The House agreed to the title of the bill.

Rep. Ward 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. 6432, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 159g (MCL 750.159g), as amended by 2002 PA 124, and by adding section 219d.

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

The substitute (H-2) was not adopted, a majority of the members serving not voting therefor.

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

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

Rep. Amos moved to amend the bill as follows:

1. Amend page 4, following line 11, by inserting:

"(8) THIS SECTION SHALL NOT BE CONSTRUED TO CREATE ADDITIONAL DISCLOSURE REQUIREMENTS BEYOND THOSE OTHERWISE REQUIRED BY LAW." and renumbering the remaining subsections.

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

Rep. Hunter moved to amend the bill as follows:

1. Amend page 5, following line 16, by inserting:

"Enacting section 1. This amendatory act does not take effect unless all of the following bills of the 93rd Legislature are enacted into law:

(a) House Bill No. 4343.

(b) House Bill No. 4344.

(d) House Bill No. 4346.

(e) House Bill No. 4347.

(f) House Bill No. 4348.

(g) House Bill No. 4349.

(h) House Bill No. 4350.".

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

Rep. Hunter demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 1032 Yeas--53

Accavitti Donigan Law, Kathleen Plakas

Adamini Espinoza Leland Polidori

Anderson Farhat Lemmons, III Sak

Angerer Farrah Lemmons, Jr. Sheltrown

Baxter Gillard Lipsey Smith, Alma

Bennett Gleason Mayes Smith, Virgil

Bieda Gonzales McConico Spade

Brown Hood McDowell Tobocman

Byrnes Hopgood Meisner Vagnozzi

Byrum Hunter Miller Waters

Cheeks Kahn Moore Williams

Clack Kolb Mortimer Wojno

Clemente Law, David Murphy Zelenko

Condino

Nays--53

Acciavatti Garfield Meyer Schuitmaker

Amos Gosselin Moolenaar Shaffer

Ball Green Newell Sheen

Booher Hansen Nitz Stahl

Brandenburg Hildenbrand Nofs Stakoe

Casperson Hoogendyk Palmer Steil

Caswell Huizenga Palsrok Stewart

Caul Hummel Pastor Taub

DeRoche Hune Pavlov Van Regenmorter

Dillon Jones Pearce Vander Veen

Drolet Kooiman Proos Walker

Elsenheimer LaJoy Robertson Ward

Emmons Marleau Rocca Wenke

Gaffney

In The Chair: Kooiman

Rep. Waters moved to reconsider the vote by which the House did not adopt the amendment.

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

Rep. Waters demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 1033 Yeas--48

Accavitti Condino Law, Kathleen Polidori

Adamini Dillon Leland Sak

Anderson Donigan Lemmons, III Sheltrown

Angerer Espinoza Lemmons, Jr. Smith, Alma

Bennett Farrah Lipsey Smith, Virgil

Bieda Gillard Mayes Spade

Brown Gleason McConico Tobocman

Byrnes Gonzales McDowell Vagnozzi

Byrum Hood Meisner Waters

Cheeks Hopgood Miller Williams

Clack Hunter Murphy Wojno

Clemente Kolb Plakas Zelenko

Nays--58

Acciavatti Garfield Meyer Rocca

Amos Gosselin Moolenaar Schuitmaker

Ball Green Moore Shaffer

Baxter Hansen Mortimer Sheen

Booher Hildenbrand Newell Stahl

Brandenburg Hoogendyk Nitz Stakoe

Casperson Huizenga Nofs Steil

Caswell Hummel Palmer Stewart

Caul Hune Palsrok Taub

DeRoche Jones Pastor Van Regenmorter

Drolet Kahn Pavlov Vander Veen

Elsenheimer Kooiman Pearce Walker

Emmons LaJoy Proos Ward

Farhat Law, David Robertson Wenke

Gaffney Marleau

In The Chair: Kooiman

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

The motion prevailed.

Rep. Ward 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. 6432, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 159g (MCL 750.159g), as amended by 2002 PA 124, and by adding section 219d.

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

Roll Call No. 1034 Yeas--105

Accavitti Espinoza Leland Robertson

Acciavatti Farhat Lemmons, III Rocca

Adamini Farrah Lemmons, Jr. Sak

Amos Gaffney Lipsey Schuitmaker

Anderson Garfield Marleau Shaffer

Angerer Gillard Mayes Sheen

Ball Gleason McConico Sheltrown

Baxter Gonzales McDowell Smith, Alma

Bennett Gosselin Meisner Smith, Virgil

Bieda Green Meyer Spade

Booher Hansen Miller Stahl

Brandenburg Hildenbrand Moolenaar Stakoe

Brown Hood Moore Steil

Byrnes Hoogendyk Mortimer Stewart

Byrum Hopgood Murphy Taub

Casperson Huizenga Newell Tobocman

Caswell Hummel Nitz Vagnozzi

Caul Hune Nofs Van Regenmorter

Cheeks Hunter Palmer Vander Veen

Clack Jones Palsrok Walker

Clemente Kahn Pastor Ward

Condino Kolb Pavlov Waters

DeRoche Kooiman Pearce Wenke

Dillon LaJoy Plakas Williams

Donigan Law, David Polidori Wojno

Elsenheimer Law, Kathleen Proos Zelenko

Emmons

Nays--1

Drolet

In The Chair: Kooiman

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

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

A bill to amend 1931 PA 328, entitled "The Michigan penal code," (MCL 750.1 to 750.568) by adding section 219d.

The motion prevailed.

The House agreed to the title as amended.

Rep. Ward 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. 6433, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 16l of chapter XVII (MCL 777.16l), as amended by 2005 PA 171.

The bill was read a second time.

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

The motion prevailed.

Rep. Ward 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. 6433, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 16l of chapter XVII (MCL 777.16l), as amended by 2005 PA 171.

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

Roll Call No. 1035 Yeas--105

Accavitti Espinoza Leland Robertson

Acciavatti Farhat Lemmons, III Rocca

Adamini Farrah Lemmons, Jr. Sak

Amos Gaffney Lipsey Schuitmaker

Anderson Garfield Marleau Shaffer

Angerer Gillard Mayes Sheen

Ball Gleason McConico Sheltrown

Baxter Gonzales McDowell Smith, Alma

Bennett Gosselin Meisner Smith, Virgil

Bieda Green Meyer Spade

Booher Hansen Miller Stahl

Brandenburg Hildenbrand Moolenaar Stakoe

Brown Hood Moore Steil

Byrnes Hoogendyk Mortimer Stewart

Byrum Hopgood Murphy Taub

Casperson Huizenga Newell Tobocman

Caswell Hummel Nitz Vagnozzi

Caul Hune Nofs Van Regenmorter

Cheeks Hunter Palmer Vander Veen

Clack Jones Palsrok Walker

Clemente Kahn Pastor Ward

Condino Kolb Pavlov Waters

DeRoche Kooiman Pearce Wenke

Dillon LaJoy Plakas Williams

Donigan Law, David Polidori Wojno

Elsenheimer Law, Kathleen Proos Zelenko

Emmons

Nays--1

Drolet

In The Chair: Kooiman

The House agreed to the title of the bill.

Rep. Ward 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. 6434, entitled

A bill to amend 1980 PA 299, entitled "Occupational code," by amending section 2635 (MCL 339.2635), as amended by 1999 PA 170.

The bill was read a second time.

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

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

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

The motion prevailed.

Rep. Ward 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. 6434, entitled

A bill to amend 1980 PA 299, entitled "Occupational code," by amending section 2635 (MCL 339.2635), as amended by 1999 PA 170.

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

Roll Call No. 1036 Yeas--105

Accavitti Espinoza Leland Robertson

Acciavatti Farhat Lemmons, III Rocca

Adamini Farrah Lemmons, Jr. Sak

Amos Gaffney Lipsey Schuitmaker

Anderson Garfield Marleau Shaffer

Angerer Gillard Mayes Sheen

Ball Gleason McConico Sheltrown

Baxter Gonzales McDowell Smith, Alma

Bennett Gosselin Meisner Smith, Virgil

Bieda Green Meyer Spade

Booher Hansen Miller Stahl

Brandenburg Hildenbrand Moolenaar Stakoe

Brown Hood Moore Steil

Byrnes Hoogendyk Mortimer Stewart

Byrum Hopgood Murphy Taub

Casperson Huizenga Newell Tobocman

Caswell Hummel Nitz Vagnozzi

Caul Hune Nofs Van Regenmorter

Cheeks Hunter Palmer Vander Veen

Clack Jones Palsrok Walker

Clemente Kahn Pastor Ward

Condino Kolb Pavlov Waters

DeRoche Kooiman Pearce Wenke

Dillon LaJoy Plakas Williams

Donigan Law, David Polidori Wojno

Elsenheimer Law, Kathleen Proos Zelenko

Emmons

Nays--1

Drolet

In The Chair: Kooiman

The House agreed to the title of the bill.

Rep. Ward 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. 6436, entitled

A bill to amend 1976 PA 331, entitled "Michigan consumer protection act," by amending section 3 (MCL 445.903), as amended by 2004 PA 462.

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

The substitute (H-2) was not adopted, a majority of the members serving not voting therefor.

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

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

Point of Order

Rep. Ward requested a ruling from the Chair regarding the germaneness of the substitute (H-3) offered by Rep.Condino.

The Chair ruled that the substitute (H-3) is not germane pursuant to House Rule 64.

Rep. Waters appealed the decision of the Chair.

The question being, "Shall the judgment of the Chair stand as the judgment of the House?"

The judgment of the Chair stood as the judgment of the House, a majority of the members present voting therefor, by yeas and nays, as follows:

Roll Call No. 1037 Yeas--58

Acciavatti Garfield Meyer Rocca

Amos Gosselin Moolenaar Schuitmaker

Ball Green Moore Shaffer

Baxter Hansen Mortimer Sheen

Booher Hildenbrand Newell Stahl

Brandenburg Hoogendyk Nitz Stakoe

Casperson Huizenga Nofs Steil

Caswell Hummel Palmer Stewart

Caul Hune Palsrok Taub

DeRoche Jones Pastor Van Regenmorter

Drolet Kahn Pavlov Vander Veen

Elsenheimer Kooiman Pearce Walker

Emmons LaJoy Proos Ward

Farhat Law, David Robertson Wenke

Gaffney Marleau

Nays--48

Accavitti Condino Law, Kathleen Polidori

Adamini Dillon Leland Sak

Anderson Donigan Lemmons, III Sheltrown

Angerer Espinoza Lemmons, Jr. Smith, Alma

Bennett Farrah Lipsey Smith, Virgil

Bieda Gillard Mayes Spade

Brown Gleason McConico Tobocman

Byrnes Gonzales McDowell Vagnozzi

Byrum Hood Meisner Waters

Cheeks Hopgood Miller Williams

Clack Hunter Murphy Wojno

Clemente Kolb Plakas Zelenko

In The Chair: Kooiman

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

The motion prevailed.

Rep. Ward 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. 6436, entitled

A bill to amend 1976 PA 331, entitled "Michigan consumer protection act," by amending section 3 (MCL 445.903), as amended by 2004 PA 462.

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

Roll Call No. 1038 Yeas--105

Accavitti Espinoza Leland Robertson

Acciavatti Farhat Lemmons, III Rocca

Adamini Farrah Lemmons, Jr. Sak

Amos Gaffney Lipsey Schuitmaker

Anderson Garfield Marleau Shaffer

Angerer Gillard Mayes Sheen

Ball Gleason McConico Sheltrown

Baxter Gonzales McDowell Smith, Alma

Bennett Gosselin Meisner Smith, Virgil

Bieda Green Meyer Spade

Booher Hansen Miller Stahl

Brandenburg Hildenbrand Moolenaar Stakoe

Brown Hood Moore Steil

Byrnes Hoogendyk Mortimer Stewart

Byrum Hopgood Murphy Taub

Casperson Huizenga Newell Tobocman

Caswell Hummel Nitz Vagnozzi

Caul Hune Nofs Van Regenmorter

Cheeks Hunter Palmer Vander Veen

Clack Jones Palsrok Walker

Clemente Kahn Pastor Ward

Condino Kolb Pavlov Waters

DeRoche Kooiman Pearce Wenke

Dillon LaJoy Plakas Williams

Donigan Law, David Polidori Wojno

Elsenheimer Law, Kathleen Proos Zelenko

Emmons

Nays--1

Drolet

In The Chair: Kooiman

The House agreed to the title of the bill.

Rep. Ward 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. 6435, entitled

A bill to amend 1987 PA 173, entitled "Mortgage brokers, lenders, and servicers licensing act," by amending section29 (MCL 445.1679), as amended by 1996 PA 210.

The bill was read a second time.

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

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

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

The motion prevailed.

Rep. Ward 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. 6435, entitled

A bill to amend 1987 PA 173, entitled "Mortgage brokers, lenders, and servicers licensing act," by amending section29 (MCL 445.1679), as amended by 1996 PA 210.

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

Roll Call No. 1039 Yeas--105

Accavitti Espinoza Leland Robertson

Acciavatti Farhat Lemmons, III Rocca

Adamini Farrah Lemmons, Jr. Sak

Amos Gaffney Lipsey Schuitmaker

Anderson Garfield Marleau Shaffer

Angerer Gillard Mayes Sheen

Ball Gleason McConico Sheltrown

Baxter Gonzales McDowell Smith, Alma

Bennett Gosselin Meisner Smith, Virgil

Bieda Green Meyer Spade

Booher Hansen Miller Stahl

Brandenburg Hildenbrand Moolenaar Stakoe

Brown Hood Moore Steil

Byrnes Hoogendyk Mortimer Stewart

Byrum Hopgood Murphy Taub

Casperson Huizenga Newell Tobocman

Caswell Hummel Nitz Vagnozzi

Caul Hune Nofs Van Regenmorter

Cheeks Hunter Palmer Vander Veen

Clack Jones Palsrok Walker

Clemente Kahn Pastor Ward

Condino Kolb Pavlov Waters

DeRoche Kooiman Pearce Wenke

Dillon LaJoy Plakas Williams

Donigan Law, David Polidori Wojno

Elsenheimer Law, Kathleen Proos Zelenko

Emmons

Nays--1

Drolet

In The Chair: Kooiman

The House agreed to the title of the bill.

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

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

Senate Bill No. 1290, entitled

A bill to provide for the certification of driver education providers; to prescribe certain record-keeping and program requirements for driver education providers; to provide for the certification of driver education instructors; to prescribe the powers and duties of certain persons and departments; to prescribe certain fees; to establish a fund in the state treasury; to prescribe remedies, sanctions, and penalties; and to repeal acts, administrative rules, and parts of acts.

(The bill was passed, motion made to grant immediate effect and motion postponed for the day on September 14, see House Journal No. 81, p. 2529.)

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

Rep. Hildenbrand withdrew the motion.

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

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

The question being on the passage of the bill,

Rep. Condino moved to amend the bill as follows:

1. Amend page 37, line 1, after "meet" by striking out "all" and inserting "both".

2. Amend page 37, line 16, by striking out all of subdivision (c).

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

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

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

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

The amendments were 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. 1040 Yeas--96

Accavitti Elsenheimer Lemmons, III Rocca

Acciavatti Emmons Lemmons, Jr. Sak

Adamini Espinoza Lipsey Schuitmaker

Amos Farhat Marleau Shaffer

Anderson Farrah Mayes Sheltrown

Angerer Gaffney McConico Smith, Alma

Ball Gillard McDowell Smith, Virgil

Bennett Gleason Meisner Spade

Bieda Gonzales Meyer Stahl

Booher Green Miller Stakoe

Brandenburg Hansen Moolenaar Steil

Brown Hildenbrand Moore Stewart

Byrnes Hood Mortimer Taub

Byrum Hopgood Murphy Tobocman

Casperson Huizenga Newell Vagnozzi

Caswell Hunter Nitz Van Regenmorter

Caul Jones Nofs Vander Veen

Cheeks Kahn Palsrok Walker

Clack Kolb Pavlov Ward

Clemente Kooiman Pearce Waters

Condino LaJoy Plakas Wenke

DeRoche Law, David Polidori Williams

Dillon Law, Kathleen Proos Wojno

Donigan Leland Robertson Zelenko

Nays--10

Baxter Gosselin Hune Pastor

Drolet Hoogendyk Palmer Sheen

Garfield Hummel

In The Chair: Kooiman

Rep. Ward 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

Messages from the Senate

Senate Bill No. 435, entitled

A bill to amend 1972 PA 382, entitled "An act to establish and operate a state lottery and to allow state participation in certain lottery-related joint enterprises with other sovereignties; to create a bureau of state lottery and to prescribe its powers and duties; to prescribe certain powers and duties of other state departments and agencies; to license and regulate certain sales agents; to create the state lottery fund; to provide for the distribution of lottery revenues and earnings for certain purposes; to provide for an appropriation; and to provide for remedies and penalties," by amending sections 3, 3a, 5, 5c, 8, 10, 10a, 10b, and 11b (MCL 432.103, 432.103a, 432.105, 432.105c, 432.108, 432.110, 432.110a, 432.110b, and 432.111b), section 3 as amended by 1995 PA 275, sections 3a, 5c, 10b, and 11b as added and sections 5, 10, and 10a as amended by 1999 PA 108, and section 8 as amended by 1981 PA 229, and by adding section10c.

The Senate has amended the House substitute (H-1) as follows:

1. Amend page 13, line 22, by striking out all of section 10b.

2. Amend page 14, line 3, by striking out all of section 10C.

The Senate has concurred in the House substitute (H-1), ordered that the bill be given immediate effect and amended the title to read as follows:

A bill to amend 1972 PA 382, entitled "An act to license and regulate the conducting of bingo, millionaire parties, and certain other forms of gambling; to provide for the conducting of charity games, raffles, and numeral games; to provide for exemptions from licensing requirements under certain circumstances; to impose certain duties and authority upon certain state departments, agencies, and officers; to provide a tax exemption; and to provide penalties," by amending sections 3, 3a, 5, 5c, 8, 10, 10a, and 11b (MCL 432.103, 432.103a, 432.105, 432.105c, 432.108, 432.110, 432.110a, and 432.111b), section 3 as amended by 1995 PA 275, sections 3a, 5c, and 11b as added and sections 5, 10, and 10a as amended by 1999 PA 108, and section 8 as amended by 1981 PA 229.

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

Rep. Ward moved that Rule 45 be suspended.

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

The question being on concurring in the amendments to the House substitute (H-1) 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. 1041 Yeas--90

Accavitti Elsenheimer Leland Proos

Acciavatti Emmons Lemmons, III Robertson

Adamini Espinoza Lemmons, Jr. Rocca

Amos Farhat Lipsey Sak

Anderson Farrah Marleau Schuitmaker

Angerer Gaffney Mayes Shaffer

Ball Garfield McConico Sheltrown

Bennett Gillard McDowell Smith, Alma

Bieda Gleason Meisner Smith, Virgil

Booher Gonzales Meyer Spade

Brown Hansen Miller Stakoe

Byrnes Hildenbrand Moore Steil

Byrum Hood Mortimer Stewart

Casperson Hoogendyk Murphy Tobocman

Caul Hopgood Nitz Vagnozzi

Cheeks Hummel Nofs Walker

Clack Hune Palmer Ward

Clemente Hunter Palsrok Waters

Condino Kahn Pastor Wenke

DeRoche Kolb Pavlov Williams

Dillon LaJoy Plakas Wojno

Donigan Law, David Polidori Zelenko

Drolet Law, Kathleen

Nays--16

Baxter Green Moolenaar Stahl

Brandenburg Huizenga Newell Taub

Caswell Jones Pearce Van Regenmorter

Gosselin Kooiman Sheen Vander Veen

In The Chair: Kooiman

The House agreed to the title as amended.

______

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

The motion prevailed.

By unanimous consent the House returned to the order of

Motions and Resolutions

Rep. Ward moved that when the House adjourns today it stand adjourned until Wednesday, September 20, at 12:00Noon.

The motion prevailed.

Notices

I hereby give notice that on the next legislative session day I will move to discharge the Committee on Government Operations from further consideration of House Resolution No. 287.

Rep. Waters

Messages from the Governor

Date: September 15, 2006

Time: 4:45 p.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5217 (Public Act No. 350, I.E.), being

An act to amend 1927 PA 372, entitled "An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms and gas ejecting devices; to prohibit the buying, selling, or carrying of certain firearms and gas ejecting devices without a license or other authorization; to provide for the forfeiture of firearms under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act," by amending section 5b (MCL 28.425b), as amended by 2003 PA 31.

(Filed with the Secretary of State September 18, 2006, at 10:24 a.m.)

Date: September 15, 2006

Time: 4:47 p.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5800 (Public Act No. 351, I.E.), being

An act to amend 1953 PA 232, entitled "An act to revise, consolidate, and codify the laws relating to probationers and probation officers, to pardons, reprieves, commutations, and paroles, to the administration of correctional institutions, correctional farms, and probation recovery camps, to prisoner labor and correctional industries, and to the supervision and inspection of local jails and houses of correction; to provide for the siting of correctional facilities; to create a state department of corrections, and to prescribe its powers and duties; to provide for the transfer to and vesting in said department of powers and duties vested by law in certain other state boards, commissions, and officers, and to abolish certain boards, commissions, and offices the powers and duties of which are transferred by this act; to allow for the operation of certain facilities by private entities; to prescribe the powers and duties of certain other state departments and agencies; to provide for the creation of a local lockup advisory board; to provide for a lifetime electronic monitoring program; to prescribe penalties for the violation of the provisions of this act; to make certain appropriations; to repeal certain parts of this act on specific dates; and to repeal all acts and parts of acts inconsistent with the provisions of this act," (MCL 791.201 to 791.283) by adding section 20i.

(Filed with the Secretary of State September 18, 2006, at 10:26 a.m.)

Date: September 15, 2006

Time: 4:49 p.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5602 (Public Act No. 352, I.E.), being

An act to amend 1939 PA 288, entitled "An act to revise and consolidate the statutes relating to certain aspects of the family division of circuit court, to the jurisdiction, powers, and duties of the family division of circuit court and its judges and other officers, to the change of name of adults and children, and to the adoption of adults and children; to prescribe certain jurisdiction, powers, and duties of the family division of circuit court and its judges and other officers; to prescribe the manner and time within which certain actions and proceedings may be brought in the family division of the circuit court; to prescribe pleading, evidence, practice, and procedure in certain actions and proceedings in the family division of circuit court; to provide for appeals from certain actions in the family division of circuit court; to prescribe the powers and duties of certain state departments, agencies, and officers; to provide for certain immunity from liability; and to provide remedies and penalties," by amending section 60 of chapter X (MCL 710.60), as amended by 1996 PA 409.

(Filed with the Secretary of State September 18, 2006, at 10:28 a.m.)

Date: September 15, 2006

Time: 4:53 p.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 6223 (Public Act No. 354, I.E.), being

An act 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 provide for assessment fees on certain health maintenance organizations; 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 provide for an appropriation; to repeal acts and parts of acts; and to provide penalties for the violation of this act," by amending section 8134 (MCL 500.8134), as amended by 1998 PA 279.

(Filed with the Secretary of State September 18, 2006, at 10:32 a.m.)

Date: September 15, 2006

Time: 4:55 p.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 6224 (Public Act No. 355, I.E.), being

(Filed with the Secretary of State September 18, 2006, at 10:34 a.m.)

Date: September 15, 2006

Time: 4:57 p.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 6225 (Public Act No. 356, I.E.), being

(Filed with the Secretary of State September 18, 2006, at 10:36 a.m.)

Date: September 15, 2006

Time: 4:59 p.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 6226 (Public Act No. 357, I.E.), being

(Filed with the Secretary of State September 18, 2006, at 10:38 a.m.)

Date: September 15, 2006

Time: 5:01 p.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 6227 (Public Act No. 358, I.E.), being

(Filed with the Secretary of State September 18, 2006, at 10:40 a.m.)

Date: September 15, 2006

Time: 5:03 p.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 6228 (Public Act No. 359, I.E.), being

(Filed with the Secretary of State September 18, 2006, at 10:42 a.m.)

Date: September 15, 2006

Time: 5:05 p.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 6229 (Public Act No. 360, I.E.), being

(Filed with the Secretary of State September 18, 2006, at 10:44 a.m.)

Date: September 15, 2006

Time: 5:07 p.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 6230 (Public Act No. 361, I.E.), being

(Filed with the Secretary of State September 18, 2006, at 10:46 a.m.)

Date: September 15, 2006

Time: 5:09 p.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 6231 (Public Act No. 362, I.E.), being

(Filed with the Secretary of State September 18, 2006, at 10:48 a.m.)

Date: September 15, 2006

Time: 5:11 p.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 6232 (Public Act No. 363, I.E.), being

(Filed with the Secretary of State September 18, 2006, at 10:50 a.m.)

Date: September 15, 2006

Time: 5:13 p.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 6233 (Public Act No. 364, I.E.), being

(Filed with the Secretary of State September 18, 2006, at 10:52 a.m.)

Date: September 15, 2006

Time: 5:15 p.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 6234 (Public Act No. 365, I.E.), being

(Filed with the Secretary of State September 18, 2006, at 10:54 a.m.)

Date: September 15, 2006

Time: 5:17 p.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 6235 (Public Act No. 366, I.E.), being

(Filed with the Secretary of State September 18, 2006, at 10:56 a.m.)

______

Rep. Hoogendyk moved that the House adjourn.

The motion prevailed, the time being 4:40 p.m.

The Speaker Pro Tempore declared the House adjourned until Wednesday, September 20, at 12:00 Noon.

GARY L. RANDALL

Clerk of the House of Representatives