No. 53

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

89th Legislature


REGULAR SESSION OF 1998


House Chamber, Lansing, Tuesday, June 2, 1998.

10:00 a.m.

The House was called to order by Acting Speaker Hanley.

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

Agee--present

Alley--present

Anthony--present

Baade--absent

Baird--present

Bankes--present

Basham--present

Birkholz--present

Bobier--present

Bodem--present

Bogardus--present

Brackenridge--present

Brater--present

Brewer--present

Brown--present

Byl--present

Callahan--present

Cassis--present

Cherry--present

Ciaramitaro--present

Crissman--present

Cropsey--present

Curtis--present

Dalman--present

DeHart--present

DeVuyst--present

Dobb--e/d/s

Dobronski--present

Emerson--present

Fitzgerald--present

Frank--present

Freeman--present

Gagliardi--e/d/s

Galloway--present

Geiger--present

Gernaat--present

Gilmer--present

Gire--present

Godchaux--present

Goschka--present

Green--present

Griffin--present

Gubow--e/d/s

Gustafson--present

Hale--present

Hammerstrom--present

Hanley--present

Harder--present

Hertel--present

Hood--present

Horton--present

Jansen--present

Jelinek--present

Jellema--present

Johnson--present

Kaza--e/d/s

Kelly--present

Kilpatrick--present

Kukuk--present

LaForge--present

Law--present

Leland--present

LeTarte--present

Llewellyn--present

London--present

Lowe--present

Mans--present

Martinez--present

Mathieu--present

McBryde--present

McManus--present

McNutt--present

Middaugh--present

Middleton--present

Murphy--e/d/s

Nye--present

Olshove--present

Owen--present

Oxender--present

Palamara--present

Parks--e/d/s

Perricone--present

Price--present

Profit--present

Prusi--present

Quarles--excused

Raczkowski--present

Rhead--present

Richner--present

Rison--present

Rocca--present

Sanborn--present

Schauer--present

Schermesser--present

Schroer--present

Scott--present

Scranton--present

Sikkema--present

Stallworth--present

Tesanovich--present

Thomas--present

Varga--present

Vaughn--present

Voorhees--present

Walberg--absent

Wallace--present

Wetters--e/d/s

Whyman--present

Willard--e/d/s

Wojno--present

e/d/s = entered during session

Rep. Kim Rhead, from the 83rd District, offered the following invocation:

"Thank You Lord for this beautiful day and for the unique opportunity for each of us to serve our neighbors as members of this legislature. Keep us ever mindful that we serve as a result of the faith and trust placed in us by those same neighbors. Let us never misuse or abuse the trust that has been placed upon our shoulders. Let us always remember that although we serve thousands of constituents, we really only serve one Master and that everything we achieve in this chamber is nothing if it displeases You. Grant us wisdom and vision as we conduct the business of this great state and guide our decisions both during session today and during our lives, for it is in Your name we pray. Amen."

______

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

The motion prevailed.

Notices

June 2, 1998

In accordance with House Rule 10, I hereby designate Representative Michael Hanley, to be the Presiding Officer for all, or part of today's session.

Sincerely,

Curtis Hertel

Speaker of the House

By unanimous consent the House returned to the order of

Messages from the Senate

The Speaker laid before the House

House Bill No. 5590, entitled

A bill to make appropriations for the family independence agency and certain state purposes related to public welfare services for the fiscal year ending September 30, 1999; to provide for the expenditure of the appropriations; to create funds; to provide for the imposition of fees; to provide for reports; to provide for the disposition of fees and other income received by the state agency; and to provide for the powers and duties of certain individuals, local governments, and state departments, agencies, and officers.

(The bill was received from the Senate on May 27, with substitute (S-1), consideration of which, under the rules, was postponed until May 28, see House Journal No. 51, p. 1195.)

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

The substitute (S-1) was not concurred in, a majority of the members serving not voting therefor, by yeas and nays, as follows:

Roll Call No. 497 Yeas--44

Birkholz Galloway Jellema Oxender

Bobier Geiger Johnson Perricone

Bodem Gernaat Kukuk Raczkowski

Brackenridge Gilmer LeTarte Rhead

Byl Godchaux Llewellyn Richner

Cassis Green London Rocca

Crissman Gustafson Lowe Sanborn

Cropsey Hammerstrom McBryde Scranton

Dalman Horton McNutt Sikkema

DeVuyst Jansen Middaugh Voorhees

Fitzgerald Jelinek Middleton Whyman

Nays--51

Agee DeHart Kilpatrick Prusi

Alley Dobronski LaForge Schauer

Anthony Frank Law Schermesser

Baird Freeman Leland Schroer

Bankes Gire Mans Scott

Basham Goschka Martinez Stallworth

Bogardus Griffin Mathieu Tesanovich

Brewer Hale Nye Thomas

Brown Hanley Olshove Varga

Callahan Harder Owen Vaughn

Cherry Hertel Palamara Wallace

Ciaramitaro Hood Price Wojno

Curtis Kelly Profit

In The Chair: Hanley

The Speaker appointed as conferees, on the part of the House of Representatives, Reps. Price, Emerson and Jansen.

______

Rep. Gubow entered the House Chambers.

The Speaker laid before the House

House Bill No. 5592, entitled

A bill to make appropriations for the departments of consumer and industry services and Michigan jobs commission and certain other state purposes for the fiscal year ending September 30, 1999; to provide for the expenditure of those appropriations; to provide for the imposition of certain fees; to provide for the disposition of fees and other income received by the state agencies; to provide for reports to certain persons; and to prescribe powers and duties of certain state departments and certain state and local agencies and officers.

(The bill was received from the Senate on May 27, with substitute (S-1) and immediate effect given by the Senate, consideration of which, under the rules, was postponed until May 28, see House Journal No. 51, p. 1195.)

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

The substitute (S-1) was not concurred in, a majority of the members serving not voting therefor, by yeas and nays, as follows:

Roll Call No. 498 Yeas--47

Bankes Galloway Jellema Nye

Birkholz Geiger Johnson Oxender

Bobier Gernaat Kukuk Perricone

Bodem Gilmer Law Raczkowski

Brackenridge Godchaux LeTarte Rhead

Byl Goschka Llewellyn Richner

Cassis Green London Rocca

Crissman Gustafson Lowe Sanborn

Cropsey Hammerstrom McBryde Scranton

Dalman Horton McNutt Sikkema

DeVuyst Jansen Middaugh Voorhees

Fitzgerald Jelinek Middleton

Nays--48

Agee DeHart Kilpatrick Schauer

Anthony Dobronski LaForge Schermesser

Baird Frank Leland Schroer

Basham Freeman Mans Scott

Bogardus Gire Martinez Stallworth

Brater Griffin Mathieu Tesanovich

Brewer Gubow Olshove Thomas

Brown Hale Owen Varga

Callahan Hanley Palamara Vaughn

Cherry Harder Price Wallace

Ciaramitaro Hood Profit Whyman

Curtis Kelly Prusi Wojno

In The Chair: Hanley

The Speaker appointed as conferees, on the part of the House of Representatives, Reps. Mathieu, Hood and Gilmer.

______

Rep. Willard entered the House Chambers.

The Speaker laid before the House

House Bill No. 5595, entitled

A bill to make appropriations for the departments of attorney general, civil rights, civil service, management and budget, state, and treasury, the executive office, and the legislative branch for the fiscal year ending September 30, 1999; to provide for the expenditure of these appropriations; to provide for the funding of certain work projects; to provide for the imposition of certain fees; to establish or continue certain funds, programs, and categories; to prescribe certain requirements for bidding on state contracts; to provide for disposition of year-end balances for the fiscal year ending September 30, 1999; to prescribe the powers and duties of certain principal executive departments and state agencies, officials, and employees; and to provide for the disposition of fees and other income received by the various principal executive departments and state agencies.

(The bill was received from the Senate on May 27, with substitute (S-1) and immediate effect given by the Senate, consideration of which, under the rules, was postponed until May 28, see House Journal No. 51, p. 1195.)

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

The substitute (S-1) was not concurred in, a majority of the members serving not voting therefor, by yeas and nays, as follows:

Roll Call No. 499 Yeas--9

Bobier Green Jansen London

DeVuyst Gustafson LeTarte Sikkema

Fitzgerald

Nays--88

Agee DeHart Kilpatrick Profit

Alley Dobronski Kukuk Prusi

Anthony Frank LaForge Raczkowski

Baird Galloway Law Rhead

Bankes Geiger Leland Richner

Basham Gernaat Llewellyn Rocca

Birkholz Gilmer Lowe Sanborn

Bodem Gire Mans Schauer

Bogardus Godchaux Martinez Schermesser

Brackenridge Goschka Mathieu Schroer

Brater Griffin McBryde Scott

Brewer Gubow McManus Scranton

Brown Hale McNutt Stallworth

Byl Hammerstrom Middaugh Tesanovich

Callahan Hanley Middleton Thomas

Cassis Harder Nye Varga

Cherry Hertel Olshove Vaughn

Ciaramitaro Hood Owen Voorhees

Crissman Horton Oxender Wallace

Cropsey Jelinek Palamara Whyman

Curtis Jellema Perricone Willard

Dalman Kelly Price Wojno

In The Chair: Hanley

______

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

"Mr. Speaker and members of the House:

I voted 'No' on the Senate version of H.B. 5595 because the Senate put an additional $15,000,000 into advertising for the state lottery. It is repugnant for the state of Michigan to encourage gambling instead of work, savings, and thrift."

The Speaker appointed as conferees, on the part of the House of Representatives, Reps. Owen, Martinez and Bobier.

______

The Associate Speaker Pro Tempore assumed the Chair.

Rep. Thomas moved that Reps. Hertel, Hanley and Frank be excused temporarily from today's session.

The motion prevailed.

The Speaker laid before the House

House Bill No. 5596, entitled

A bill to make appropriations for the judicial branch for the fiscal years ending September 30, 1998 and September 30, 1999; to provide for the expenditure of these appropriations; to place certain restrictions on the expenditure of these appropriations; to prescribe the powers and duties of certain officials and employees; to require certain reports; and to provide for the disposition of fees and other income received by the judicial branch.

(The bill was received from the Senate on May 27, with substitute (S-1), title amendment and immediate effect given by the Senate, consideration of which, under the rules, was postponed until May 28, see House Journal No. 51, p. 1196.)

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

The substitute (S-1) was not concurred in, a majority of the members serving not voting therefor, by yeas and nays, as follows:

Roll Call No. 500 Yeas--5

DeVuyst McBryde McNutt Sikkema

London

Nays--93

Agee Dobronski Jellema Price

Alley Emerson Johnson Profit

Anthony Fitzgerald Kelly Prusi

Baird Frank Kilpatrick Raczkowski

Bankes Freeman Kukuk Rhead

Basham Galloway LaForge Richner

Birkholz Geiger Law Rocca

Bobier Gernaat Leland Sanborn

Bodem Gilmer LeTarte Schauer

Bogardus Gire Llewellyn Schermesser

Brackenridge Godchaux Lowe Schroer

Brater Goschka Mans Scott

Brewer Green Martinez Scranton

Brown Griffin Mathieu Stallworth

Byl Gubow McManus Tesanovich

Callahan Gustafson Middaugh Thomas

Cassis Hale Middleton Varga

Cherry Hammerstrom Nye Vaughn

Ciaramitaro Harder Olshove Voorhees

Crissman Hood Owen Wallace

Cropsey Horton Oxender Whyman

Curtis Jansen Palamara Willard

Dalman Jelinek Perricone Wojno

DeHart

In The Chair: Gire

The Speaker appointed as conferees, on the part of the House of Representatives, Reps. Ciaramitaro, Parks and Godchaux.

______

Rep. Murphy entered the House Chambers.

The Speaker laid before the House

House Bill No. 5597, entitled

A bill to make appropriations for the department of military and veterans affairs for the fiscal year ending September 30, 1999; to provide for the expenditure of the appropriations; to provide for certain powers and duties of the department of military and veterans affairs, other state agencies, and local units of government related to the appropriations; and to provide for the preparation of certain reports related to the appropriations.

(The bill was received from the Senate on May 27, with substitute (S-1) and immediate effect given by the Senate, consideration of which, under the rules, was postponed until May 28, see House Journal No. 51, p. 1196.)

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

The substitute (S-1) was not concurred in, a majority of the members serving not voting therefor, by yeas and nays, as follows:

Roll Call No. 501 Yeas--0

Nays--96

Alley Dobronski Kelly Perricone

Anthony Emerson Kilpatrick Price

Baird Fitzgerald Kukuk Profit

Bankes Freeman LaForge Prusi

Basham Galloway Law Raczkowski

Birkholz Geiger Leland Rhead

Bobier Gernaat LeTarte Richner

Bodem Gilmer Llewellyn Rocca

Bogardus Gire London Sanborn

Brackenridge Godchaux Lowe Schauer

Brater Goschka Mans Schermesser

Brewer Green Martinez Schroer

Brown Griffin Mathieu Scott

Byl Gubow McBryde Scranton

Callahan Gustafson McManus Sikkema

Cassis Hale McNutt Tesanovich

Cherry Hammerstrom Middaugh Thomas

Ciaramitaro Harder Middleton Varga

Crissman Hood Murphy Vaughn

Cropsey Horton Nye Voorhees

Curtis Jansen Olshove Wallace

Dalman Jelinek Owen Whyman

DeHart Jellema Oxender Willard

DeVuyst Johnson Palamara Wojno

In The Chair: Gire

The Speaker appointed as conferees, on the part of the House of Representatives, Reps. Schroer, Prusi and McBryde.

______

Rep. Wetters entered the House Chambers.

The Speaker laid before the House

House Bill No. 5588, entitled

A bill to make appropriations for the department of agriculture for the fiscal year ending September 30, 1999; to provide for the expenditure of the appropriations; to create funds; to provide for the imposition of fees; to require reports, audits, and plans; to authorize certain transfers by certain state agencies; and to provide for the disposition of fees and other income received by certain state agencies.

(The bill was received from the Senate on May 27, with substitute (S-1) and immediate effect given by the Senate, consideration of which, under the rules, was postponed until May 28, see House Journal No. 51, p. 1194.)

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

The substitute (S-1) was not concurred in, a majority of the members serving not voting therefor, by yeas and nays, as follows:

Roll Call No. 502 Yeas--0

Nays--95

Agee Dobronski Kelly Price

Alley Emerson Kilpatrick Profit

Anthony Fitzgerald Kukuk Prusi

Baird Freeman LaForge Raczkowski

Bankes Galloway Law Rhead

Basham Geiger Leland Richner

Birkholz Gernaat LeTarte Rocca

Bobier Gilmer Llewellyn Sanborn

Bodem Gire London Schauer

Bogardus Godchaux Lowe Schermesser

Brackenridge Goschka Mans Schroer

Brater Green Martinez Scott

Brewer Griffin Mathieu Sikkema

Brown Gubow McBryde Stallworth

Byl Gustafson McManus Tesanovich

Callahan Hale McNutt Thomas

Cassis Hammerstrom Middaugh Varga

Ciaramitaro Harder Middleton Vaughn

Crissman Hood Murphy Voorhees

Cropsey Horton Nye Wallace

Curtis Jansen Owen Whyman

Dalman Jelinek Oxender Willard

DeHart Jellema Palamara Wojno

DeVuyst Johnson Perricone

In The Chair: Gire

The Speaker appointed as conferees, on the part of the House of Representatives, Reps. Tesanovich, Frank and Jansen.

The Speaker laid before the House

House Bill No. 5589, entitled

A bill to make appropriations for the department of environmental quality for the fiscal year ending September 30, 1999; to provide for the expenditure of those appropriations; to create funds and accounts; to require reports; to prescribe certain powers and duties of certain state agencies and officials; to authorize certain transfers by certain state agencies; and to provide for the disposition of fees and other income received by the various state agencies.

(The bill was received from the Senate on May 27, with substitute (S-1) and immediate effect given by the Senate, consideration of which, under the rules, was postponed until May 28, see House Journal No. 51, p. 1195.)

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

The substitute (S-1) was not concurred in, a majority of the members serving not voting therefor, by yeas and nays, as follows:

Roll Call No. 503 Yeas--0

Nays--94

Agee Dobronski LaForge Prusi

Alley Emerson Law Raczkowski

Anthony Fitzgerald Leland Rhead

Baird Freeman LeTarte Richner

Bankes Galloway Llewellyn Rocca

Basham Geiger London Sanborn

Birkholz Gernaat Lowe Schauer

Bobier Gire Mans Schermesser

Bogardus Goschka Martinez Schroer

Brackenridge Green Mathieu Scott

Brater Griffin McBryde Scranton

Brewer Gubow McManus Sikkema

Brown Gustafson McNutt Stallworth

Byl Hale Middaugh Tesanovich

Callahan Hammerstrom Middleton Thomas

Cassis Harder Murphy Varga

Cherry Hood Nye Vaughn

Ciaramitaro Horton Olshove Voorhees

Crissman Jansen Owen Wallace

Cropsey Jelinek Oxender Wetters

Curtis Jellema Perricone Whyman

Dalman Kelly Price Willard

DeHart Kilpatrick Profit Wojno

DeVuyst Kukuk

In The Chair: Gire

The Speaker appointed as conferees, on the part of the House of Representatives, Reps. Tesanovich, Hale and Bobier.

______

Rep. Dobb entered the House Chambers.

The Speaker laid before the House

House Bill No. 5591, entitled

A bill to make appropriations for the department of natural resources for the fiscal year ending September 30, 1999; to provide for the expenditure of those appropriations; to create funds and accounts; to require reports; to prescribe certain powers and duties of certain state agencies and officials; to authorize certain transfers by certain state agencies; and to provide for the disposition of fees and other income received by the various state agencies.

(The bill was received from the Senate on May 27, with substitute (S-1) and immediate effect given by the Senate, consideration of which, under the rules, was postponed until May 28, see House Journal No. 51, p. 1195.)

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

The substitute (S-1) was not concurred in, a majority of the members serving not voting therefor, by yeas and nays, as follows:

Roll Call No. 504 Yeas--0

Nays--100

Agee Dobb Kilpatrick Profit

Alley Dobronski Kukuk Prusi

Anthony Emerson LaForge Raczkowski

Baird Fitzgerald Law Rhead

Bankes Freeman Leland Richner

Basham Galloway LeTarte Rison

Birkholz Geiger Llewellyn Rocca

Bobier Gernaat London Sanborn

Bodem Gilmer Lowe Schauer

Bogardus Gire Mans Schermesser

Brackenridge Goschka Martinez Schroer

Brater Green Mathieu Scott

Brewer Griffin McBryde Scranton

Brown Gubow McManus Sikkema

Byl Gustafson McNutt Stallworth

Callahan Hale Middaugh Tesanovich

Cassis Hammerstrom Middleton Thomas

Cherry Harder Murphy Varga

Ciaramitaro Hood Nye Vaughn

Crissman Horton Olshove Voorhees

Cropsey Jansen Owen Wallace

Curtis Jelinek Oxender Wetters

Dalman Jellema Palamara Whyman

DeHart Johnson Perricone Willard

DeVuyst Kelly Price Wojno

In The Chair: Gire

The Speaker appointed as conferees, on the part of the House of Representatives, Reps. Tesanovich, Hale and Bobier.

______

Rep. Parks entered the House Chambers.

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

Senate Bill No. 700, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 16174 and 16221 (MCL 333.16174 and 333.16221), section 16174 as amended by 1993 PA 80 and section 16221 as amended by 1996 PA 594.

(The bill was returned from the Senate on May 27 per House request, consideration of which was postponed until May 28, see House Journal No. 51, p. 1196.)

Rep. Thomas moved that Rule 67 be suspended.

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

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

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

Third Reading of Bills

Senate Bill No. 700, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 16174 and 16221 (MCL 333.16174 and 333.16221), section 16174 as amended by 1993 PA 80 and section 16221 as amended by 1996 PA 594.

The question being on the passage of the bill,

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

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

The question being on the passage of the bill,

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

Roll Call No. 505 Yeas--104

Agee Dobronski Kelly Price

Alley Emerson Kilpatrick Profit

Anthony Fitzgerald Kukuk Prusi

Baird Frank LaForge Raczkowski

Bankes Freeman Law Rhead

Basham Galloway Leland Richner

Birkholz Geiger LeTarte Rison

Bobier Gernaat Llewellyn Rocca

Bodem Gilmer London Sanborn

Bogardus Gire Lowe Schauer

Brackenridge Godchaux Mans Schermesser

Brater Goschka Martinez Schroer

Brewer Green Mathieu Scott

Brown Griffin McBryde Scranton

Byl Gubow McManus Sikkema

Callahan Gustafson McNutt Stallworth

Cassis Hale Middaugh Tesanovich

Cherry Hammerstrom Middleton Thomas

Ciaramitaro Hanley Murphy Varga

Crissman Harder Nye Vaughn

Cropsey Hertel Olshove Voorhees

Curtis Hood Owen Wallace

Dalman Horton Oxender Wetters

DeHart Jansen Palamara Whyman

DeVuyst Jelinek Parks Willard

Dobb Jellema Perricone Wojno

Nays--0

In The Chair: Gire

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

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

The House agreed to the full title.

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

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

______

Rep. Dobronski moved that Rep. Wallace be excused temporarily from today's session.

The motion prevailed.

By unanimous consent the House returned to the order of

Reports of Select Committees

Senate Bill No. 514, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending section 2213b (MCL 500.2213b), as added by 1996 PA 517.

(The conference report was received from the Senate on May 27, consideration of which, under the rules, was postponed until today.)

(For conference report, see House Journal No. 51, p. 1190.)

The question being on the adoption of the conference report,

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

Roll Call No. 506 Yeas--0

Nays--101

Agee Dobronski Kilpatrick Price

Alley Fitzgerald Kukuk Profit

Anthony Frank LaForge Prusi

Baird Freeman Law Raczkowski

Bankes Galloway Leland Rhead

Basham Geiger LeTarte Richner

Birkholz Gernaat Llewellyn Rison

Bobier Gilmer London Rocca

Bodem Gire Lowe Sanborn

Bogardus Godchaux Mans Schauer

Brackenridge Goschka Martinez Schermesser

Brater Green Mathieu Schroer

Brewer Griffin McBryde Scott

Brown Gubow McManus Scranton

Byl Gustafson McNutt Sikkema

Callahan Hale Middaugh Stallworth

Cassis Hammerstrom Middleton Tesanovich

Cherry Hanley Murphy Thomas

Ciaramitaro Harder Nye Varga

Crissman Hood Olshove Vaughn

Cropsey Horton Owen Voorhees

Curtis Jansen Oxender Wetters

Dalman Jelinek Palamara Whyman

DeHart Jellema Parks Willard

DeVuyst Kelly Perricone Wojno

Dobb

In The Chair: Gire

The Speaker appointed as second conferees, on the part of the House of Representatives, Reps. Gubow, Basham and Llewellyn.

______

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

Third Reading of Bills

House Bill No. 5312, entitled

A bill to protect certain trade secrets; to prohibit disclosure of trade secrets; to provide for remedies; and to repeal acts and parts of acts.

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

Roll Call No. 507 Yeas--99

Agee Dobb Johnson Price

Alley Dobronski Kilpatrick Profit

Anthony Fitzgerald Kukuk Prusi

Baird Frank Law Raczkowski

Bankes Freeman Leland Rhead

Basham Galloway LeTarte Richner

Birkholz Geiger Llewellyn Rison

Bobier Gernaat London Rocca

Bodem Gilmer Lowe Sanborn

Bogardus Gire Mans Schauer

Brackenridge Godchaux Martinez Schermesser

Brater Goschka Mathieu Schroer

Brewer Green McBryde Scott

Brown Griffin McManus Scranton

Byl Gubow McNutt Sikkema

Callahan Gustafson Middaugh Stallworth

Cassis Hale Middleton Tesanovich

Cherry Hammerstrom Murphy Thomas

Ciaramitaro Hanley Nye Vaughn

Crissman Harder Olshove Voorhees

Cropsey Hood Owen Wetters

Curtis Horton Oxender Whyman

Dalman Jansen Palamara Willard

DeHart Jelinek Parks Wojno

DeVuyst Jellema Perricone

Nays--0

In The Chair: Gire

The House agreed to the title of the bill.

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

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

House Bill No. 4471, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending section 3109a (MCL 500.3109a).

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

Roll Call No. 508 Yeas--96

Agee Dobb Kelly Perricone

Alley Dobronski Kilpatrick Price

Anthony Fitzgerald Kukuk Prusi

Baird Frank Law Raczkowski

Bankes Freeman Leland Richner

Basham Galloway LeTarte Rison

Birkholz Geiger Llewellyn Rocca

Bobier Gernaat London Sanborn

Bodem Gilmer Lowe Schauer

Bogardus Gire Mans Schermesser

Brackenridge Goschka Martinez Schroer

Brater Green Mathieu Scott

Brewer Gubow McBryde Sikkema

Brown Gustafson McManus Stallworth

Byl Hale McNutt Tesanovich

Callahan Hammerstrom Middaugh Thomas

Cassis Hanley Middleton Varga

Cherry Harder Murphy Vaughn

Ciaramitaro Hood Nye Voorhees

Crissman Horton Olshove Wallace

Cropsey Jansen Owen Wetters

Curtis Jelinek Oxender Whyman

DeHart Jellema Palamara Willard

DeVuyst Johnson Parks Wojno

Nays--0

In The Chair: Gire

The House agreed to the title of the bill.

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

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

House Bill No. 5069, entitled

A bill to authorize the state administrative board to convey certain state owned property in Ingham county; to prescribe conditions for the conveyance; and to provide for disposition of the revenue derived from the conveyance.

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

Roll Call No. 509 Yeas--97

Agee Dobronski Kilpatrick Price

Alley Fitzgerald Kukuk Prusi

Anthony Frank Law Raczkowski

Baird Freeman Leland Richner

Bankes Galloway LeTarte Rison

Basham Geiger Llewellyn Rocca

Birkholz Gernaat London Sanborn

Bobier Gilmer Lowe Schauer

Bodem Gire Mans Schermesser

Bogardus Goschka Martinez Schroer

Brater Green Mathieu Scott

Brewer Gubow McBryde Scranton

Brown Gustafson McManus Sikkema

Byl Hale McNutt Stallworth

Callahan Hammerstrom Middaugh Tesanovich

Cassis Hanley Middleton Thomas

Cherry Harder Murphy Varga

Ciaramitaro Hood Nye Vaughn

Crissman Horton Olshove Voorhees

Cropsey Jansen Owen Wallace

Curtis Jelinek Oxender Wetters

Dalman Jellema Palamara Whyman

DeHart Johnson Parks Willard

DeVuyst Kelly Perricone Wojno

Dobb

Nays--0

In The Chair: Gire

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

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

A bill to authorize the state administrative board to convey certain state owned property in Ingham county; to prescribe conditions for the conveyance; to provide for certain powers and duties of the department of management and budget and certain municipalities in regard to that property; and to provide for disposition of the revenue derived from the conveyance.

The motion prevailed.

The House agreed to the title as amended.

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

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

______

Rep. Brater moved that Rep. Varga be excused temporarily from today's session.

The motion prevailed.

House Bill No. 5078, entitled

A bill to amend 1954 PA 116, entitled "Michigan election law," by amending sections 200 and 643 (MCL 168.200 and 168.643).

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

Roll Call No. 510 Yeas--98

Agee Fitzgerald Kilpatrick Price

Alley Frank Kukuk Profit

Anthony Freeman Law Prusi

Baird Galloway Leland Raczkowski

Bankes Geiger LeTarte Richner

Basham Gernaat Llewellyn Rison

Birkholz Gilmer London Rocca

Bobier Gire Lowe Sanborn

Bodem Godchaux Mans Schauer

Bogardus Goschka Martinez Schermesser

Brackenridge Green Mathieu Schroer

Brater Griffin McBryde Scott

Brewer Gubow McManus Scranton

Brown Gustafson McNutt Sikkema

Callahan Hale Middaugh Stallworth

Cassis Hammerstrom Middleton Tesanovich

Cherry Hanley Murphy Thomas

Ciaramitaro Harder Nye Vaughn

Crissman Hood Olshove Voorhees

Curtis Horton Owen Wallace

Dalman Jansen Oxender Wetters

DeHart Jelinek Palamara Whyman

DeVuyst Jellema Parks Willard

Dobb Johnson Perricone Wojno

Dobronski Kelly

Nays--0

In The Chair: Gire

The House agreed to the title of the bill.

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

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

House Bill No. 5851, entitled

A bill to designate highway M-6 in Kent and Ottawa counties as the Paul B. Henry freeway; and to prescribe the duties of the state transportation department.

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

Roll Call No. 511 Yeas--98

Agee Dobronski Kelly Perricone

Alley Fitzgerald Kilpatrick Price

Anthony Frank Kukuk Profit

Baird Freeman Law Prusi

Bankes Galloway Leland Raczkowski

Basham Geiger LeTarte Richner

Birkholz Gernaat Llewellyn Rison

Bobier Gilmer London Sanborn

Bodem Gire Lowe Schauer

Bogardus Godchaux Mans Schermesser

Brackenridge Goschka Martinez Schroer

Brater Green Mathieu Scott

Brewer Griffin McBryde Scranton

Brown Gubow McManus Sikkema

Byl Gustafson McNutt Stallworth

Callahan Hale Middaugh Tesanovich

Cassis Hammerstrom Middleton Thomas

Cherry Hanley Murphy Vaughn

Ciaramitaro Harder Nye Voorhees

Cropsey Hood Olshove Wallace

Curtis Horton Owen Wetters

Dalman Jansen Oxender Whyman

DeHart Jelinek Palamara Willard

DeVuyst Jellema Parks Wojno

Dobb Johnson

Nays--0

In The Chair: Gire

The House agreed to the title of the bill.

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

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

Senate Bill No. 273, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 82113 (MCL 324.82113), as amended by 1997 PA 102.

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

Roll Call No. 512 Yeas--95

Agee Dobb Kelly Perricone

Alley Dobronski Kilpatrick Profit

Anthony Fitzgerald Kukuk Prusi

Baird Frank Law Raczkowski

Bankes Freeman Leland Richner

Basham Galloway LeTarte Rison

Birkholz Geiger Llewellyn Rocca

Bobier Gernaat London Sanborn

Bodem Gilmer Lowe Schauer

Bogardus Gire Mans Schroer

Brackenridge Godchaux Martinez Scott

Brater Goschka Mathieu Scranton

Brewer Green McBryde Sikkema

Brown Griffin McManus Stallworth

Callahan Gustafson McNutt Tesanovich

Cassis Hale Middaugh Thomas

Cherry Hammerstrom Middleton Vaughn

Ciaramitaro Hanley Murphy Voorhees

Crissman Harder Nye Wallace

Cropsey Hood Olshove Wetters

Curtis Horton Owen Whyman

Dalman Jansen Oxender Willard

DeHart Jellema Palamara Wojno

DeVuyst Johnson Parks

Nays--0

In The Chair: Gire

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

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

A bill to amend 1994 PA 451, entitled "An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, and assessments; to provide certain appropriations; to prescribe penalties and provide remedies; to repeal certain parts of this act on a specific date; and to repeal certain acts and parts of acts," by amending sections 82105, 82106, and 82113 (MCL 324.82105, 324.82106, and 324.82113), sections 82105 and 82106 as added by 1995 PA 58 and section 82113 as amended by 1997 PA 102.

The motion prevailed.

The House agreed to the title as amended.

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

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

______

Rep. Kaza entered the House Chambers.

House Bill No. 5843, entitled

A bill to amend 1919 PA 339, entitled "Dog law of 1919," by amending sections 6, 8, 9, 14, 15, and 17 (MCL 287.266, 287.268, 287.269, 287.274, 287.275, and 287.277).

The bill was read a third time.

The question being on the passage of the bill,

Rep. McNutt moved to amend the bill as follows:

1. Amend page 3, following line 26, by inserting:

"(6) THE OWNER OF A DOG THAT IS REQUIRED TO BE LICENSED UNDER THIS SECTION SHALL KEEP THE DOG CURRENTLY VACCINATED AGAINST RABIES BY AN ACCREDITED VETERINARIAN WITH A VACCINE LICENSED BY THE UNITED STATES DEPARTMENT OF AGRICULTURE.".

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

The question being on the passage of the bill,

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

Roll Call No. 513 Yeas--99

Agee Dobronski Kelly Profit

Alley Fitzgerald Kilpatrick Prusi

Anthony Frank Kukuk Raczkowski

Baird Freeman Law Rhead

Bankes Galloway Leland Richner

Basham Geiger LeTarte Rison

Birkholz Gernaat London Rocca

Bobier Gilmer Lowe Sanborn

Bodem Gire Mans Schauer

Bogardus Godchaux Martinez Schermesser

Brackenridge Goschka Mathieu Schroer

Brater Green McBryde Scott

Brewer Griffin McManus Scranton

Brown Gubow McNutt Sikkema

Byl Hale Middaugh Stallworth

Callahan Hammerstrom Middleton Tesanovich

Cassis Hanley Murphy Thomas

Cherry Harder Nye Vaughn

Crissman Hood Olshove Voorhees

Cropsey Horton Owen Wallace

Curtis Jansen Oxender Wetters

Dalman Jelinek Palamara Whyman

DeHart Jellema Parks Willard

DeVuyst Johnson Perricone Wojno

Dobb Kaza Price

Nays--0

In The Chair: Gire

The House agreed to the title of the bill.

Rep. Thomas 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. 5538, entitled

A bill to require state agencies that establish internet web sites to make available on those web sites complaint and comment forms and certain other information; and to impose certain duties on certain agencies relating to those agencies' web sites.

The bill was read a second time.

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

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

House Bill No. 5693, entitled

A bill to regulate the storage, processing, and release of certain information by persons entrusted with data from the state or from a local unit of government.

Was read a second time, and the question being on the adoption of the proposed amendment previously recommended by the Committee on Advanced Technology and Computer Development (for amendment, see House Journal No. 35, p. 724),

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

Rep. Brewer moved to amend the bill as follows:

1. Amend page 1, line 9, after "entity" by inserting a comma and "but does not include an official described in section 4".

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

"Sec. 4. This act does not apply to an official of this state or of a local unit of government who is entrusted with government data in the performance of his or her official duties.".

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

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

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

Senate Bill No. 780, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending sections 1a and 3 of chapter IX (MCL 769.1a and 769.3), section 1a as amended by 1996 PA 560 and section 3 as amended by 1982 PA 470.

The bill was read a second time.

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

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

Senate Bill No. 781, entitled

A bill to amend 1985 PA 87, entitled "Crime victim's rights act," by amending sections 16 and 76 (MCL 780.766 and 780.826), as amended by 1996 PA 562.

The bill was read a second time.

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

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

House Bill No. 5754, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 802 (MCL 257.802), as amended by 1997 PA 80.

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

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

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

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

House Bill No. 5201, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," (MCL 380.1 to 380.1852) by adding section 14.

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

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

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

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

House Bill No. 4789, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 16131 and 16263 (MCL 333.16131 and 333.16263), as amended by 1995 PA 126, and by adding section 16336 and part 179.

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

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

Rep. Scranton moved to amend the bill as follows:

1. Amend page 6, line 7, after "FOLLOWING" by striking out "7" and inserting "9".

2. Amend page 6, line 9, after "(A)" by striking out "FOUR" and inserting "FIVE".

3. Amend page 6, line 10, after "(B)" by striking out "THREE" and inserting "TWO".

4. Amend page 6, following line 10, by inserting:

"(C) ONE LICENSED PHYSICIAN.

(D) ONE LICENSED PHYSICAL THERAPIST.".

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

Rep. Hammerstrom moved to amend the bill as follows:

1. Amend page 5, line 9, after "STAMINA" by striking out the balance of the subdivision and inserting a period.

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

Rep. Hammerstrom moved to amend the bill as follows:

1. Amend page 5, line 6, after the first "INJURY" by striking out "OR ILLNESS".

2. Amend page 5, line 6, after the second "INJURY" by striking out "OR ILLNESS".

3. Amend page 5, line 16, after "INJURY" by striking out "OR ILLNESS".

4. Amend page 5, line 18, after "INJURY" by striking out "OR ILLNESS".

5. Amend page 5, line 19, after "INJURY" by striking out "OR ILLNESS".

6. Amend page 5, line 21, by striking out "OR ILLNESS".

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

Rep. Crissman moved to amend the bill as follows:

1. Amend page 5, line 6, after "(A)" by striking out ""INJURY" " and inserting ""ATHLETIC INJURY"".

2. Amend page 5, line 8, after "IN" by inserting "COMPETITIVE PHYSICAL".

3. Amend page 5, line 9, after "STAMINA" by striking out the balance of the subdivision and inserting a period.

4. Amend page 5, following line 10, by inserting:

"(B) "ILLNESS" MEANS AN ILLNESS ASSOCIATED WITH EXERTIONAL ACTIVITY." and relettering the remaining subdivision.

5. Amend page 5, line 16, after "PREVENTS" by inserting "ATHLETIC".

6. Amend page 5, line 18, after "FOR" by inserting "ATHLETIC".

7. Amend page 5, line 19, after "RECONDITIONS" by inserting "ATHLETIC".

8. Amend page 5, line 20, after "TO" by inserting "ATHLETIC".

Rep. Crissman moved that amendment Nos. 3 and 4 and 1, 2, 5, 6, 7 and 8 be considered separately.

The motion prevailed.

The question being on the adoption of amendment Nos. 1, 2, 5, 6, 7 and 8 offered by Rep. Crissman,

Rep. Crissman demanded the yeas and nays.

The demand was supported.

The question being on the adoption of amendment Nos. 1, 2, 5, 6, 7 and 8 offered by Rep. Crissman,

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

Roll Call No. 514 Yeas--58

Baird Dobronski Horton Middleton

Bankes Fitzgerald Jansen Nye

Birkholz Frank Jelinek Olshove

Bobier Freeman Jellema Oxender

Bodem Galloway Johnson Perricone

Brackenridge Geiger Kaza Raczkowski

Brewer Gernaat Kukuk Rhead

Brown Gilmer Llewellyn Richner

Byl Godchaux London Rocca

Cassis Goschka Lowe Scranton

Crissman Green McBryde Sikkema

Curtis Gubow McManus Voorhees

Dalman Gustafson McNutt Whyman

DeVuyst Hammerstrom Middaugh Willard

Dobb Harder

Nays--35

Agee Hood Palamara Scott

Alley Kelly Parks Stallworth

Anthony Kilpatrick Price Tesanovich

Basham Law Profit Thomas

Bogardus Leland Prusi Varga

Callahan Mans Rison Vaughn

Cherry Mathieu Schauer Wallace

Ciaramitaro Murphy Schermesser Wojno

Hale Owen Schroer

In The Chair: Gire

The question being on the adoption of amendment Nos. 3 and 4 offered previously by Rep. Crissman,

Rep. Crissman withdrew the amendments.

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

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

House Bill No. 5736, entitled

A bill to amend 1980 PA 350, entitled "The nonprofit health care corporation reform act," by amending sections 502 and 502a (MCL 550.1502 and 550.1502a), section 502 as amended by 1997 PA 184 and section 502a as amended by 1994 PA 440.

Was read a second time, and the question being on the adoption of the proposed amendment previously recommended by the Committee on Health Policy (for amendment, see House Journal No. 42, p. 925),

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

Rep. Palamara 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.

Reps. Law and Palamara moved to amend the bill as follows:

1. Amend page 4, line 20, by striking out all of subsection (10) and inserting:

"(10) NOTWITHSTANDING ANY OTHER PROVISION OF THIS ACT, A HEALTH CARE CORPORATION IS NOT REQUIRED TO REIMBURSE FOR SERVICES OTHERWISE COVERED UNDER A CERTIFICATE IF THE SERVICES WERE PERFORMED BY A MEMBER OF A HEALTH CARE PROFESSION, WHICH HEALTH CARE PROFESSION WAS NOT LICENSED OR REGISTERED BY THIS STATE ON OR BEFORE JANUARY 1, 1998 BUT THAT BECOMES A HEALTH CARE PROFESSION LICENSED OR REGISTERED BY THIS STATE AFTER JANUARY 1, 1998. THIS SUBSECTION DOES NOT CHANGE THE STATUS OF A HEALTH CARE PROFESSION THAT WAS LICENSED OR REGISTERED BY THIS STATE ON OR BEFORE JANUARY 1, 1998.".

2. Amend page 9, line 6, by striking out all of subsection (14) and inserting:

"(14) NOTWITHSTANDING ANY OTHER PROVISION OF THIS ACT, A HEALTH CARE CORPORATION OFFERING COVERAGE UNDER A PRUDENT PURCHASER AGREEMENT IS NOT REQUIRED TO REIMBURSE FOR SERVICES OTHERWISE COVERED IF THE SERVICES WERE PERFORMED BY A MEMBER OF A HEALTH CARE PROFESSION, WHICH HEALTH CARE PROFESSION WAS NOT LICENSED OR REGISTERED BY THIS STATE ON OR BEFORE JANUARY 1, 1998 BUT THAT BECOMES A HEALTH CARE PROFESSION LICENSED OR REGISTERED BY THIS STATE AFTER JANUARY 1, 1998. THIS SUBSECTION DOES NOT CHANGE THE STATUS OF A HEALTH CARE PROFESSION THAT WAS LICENSED OR REGISTERED BY THIS STATE ON OR BEFORE JANUARY 1, 1998.".

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

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

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

House Bill No. 5737, entitled

A bill to amend 1969 PA 317, entitled "Worker's disability compensation act of 1969," by amending section 315 (MCL 418.315), as amended by 1995 PA 21.

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

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

Reps. Profit and Palamara moved to amend the bill as follows:

1. Amend page 2, line 2, after "A" by striking out the balance of the sentence and inserting "PROFESSION THAT WAS NOT LICENSED OR REGISTERED BY THE LAWS OF THIS STATE ON OR BEFORE JANUARY 1, 1998, BUT THAT BECOMES LICENSED, REGISTERED, OR OTHERWISE RECOGNIZED BY THE LAWS OF THIS STATE AFTER JANUARY 1, 1998.".

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

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

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

______

Rep. Gagliardi entered the House Chambers.

Rep. Brater moved that Rep. Varga be excused temporarily from today's session.

The motion prevailed.

House Bill No. 5221, entitled

A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding sections 21051a and 21051b.

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

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

Rep. Nye moved to amend the bill as follows:

1. Amend page 3, line 5, by striking out all of subsection (6) and inserting:

"(6) AN ACTION BROUGHT UNDER THIS SECTION SHALL BE TREATED THE SAME AS A MEDICAL MALPRACTICE ACTION UNDER SECTIONS 1483, 2169, 2912A, 2912B, 2912C, 2912D, 2912E, 2912F, 2912G, 4901 TO 4923, 5838A, 5851, 6013, 6098, AND 6304 OF THE REVISED JUDICATURE ACT OF 1961, 1961 PA 236, MCL 600.1483, 600.2169, 600.2912A, 600.2912B, 600.2912C, 600.2912D, 600.2912E, 600.2912F, 600.2912G, 600.4903 TO 600.4923, 600.5838A, 600.5851, 600.6013, 600.6098, AND 600.6304.".

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

Rep. Nye demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 515 Yeas--49

Bankes Geiger Johnson Middleton

Birkholz Gernaat Kaza Nye

Bobier Gilmer Kukuk Oxender

Bodem Godchaux Law Perricone

Brackenridge Goschka LeTarte Rhead

Byl Green Llewellyn Richner

Cassis Gustafson London Rocca

Crissman Hammerstrom Lowe Sanborn

Dalman Horton McBryde Scranton

DeVuyst Jansen McManus Sikkema

Dobb Jelinek McNutt Voorhees

Fitzgerald Jellema Middaugh Whyman

Galloway

Nays--53

Alley Dobronski Kilpatrick Rison

Anthony Emerson LaForge Schauer

Baird Frank Leland Schermesser

Basham Freeman Martinez Schroer

Bogardus Gagliardi Murphy Scott

Brater Gire Olshove Stallworth

Brewer Gubow Owen Tesanovich

Brown Hale Palamara Thomas

Callahan Hanley Parks Vaughn

Cherry Harder Price Wallace

Ciaramitaro Hertel Profit Wetters

Cropsey Hood Prusi Willard

Curtis Kelly Raczkowski Wojno

DeHart

In The Chair: Gire

Rep. Nye moved to amend the bill as follows:

1. Amend page 4, line 3, after "that" by striking out "are filed" and inserting "arise".

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

Rep. Nye demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 516 Yeas--48

Bankes Geiger Kaza Nye

Birkholz Gernaat Kukuk Oxender

Bobier Gilmer Law Perricone

Bodem Godchaux LeTarte Raczkowski

Brackenridge Green Llewellyn Rhead

Byl Gustafson London Richner

Cassis Hammerstrom Lowe Rocca

Dalman Horton McBryde Sanborn

DeVuyst Jansen McManus Scranton

Dobb Jelinek McNutt Sikkema

Fitzgerald Jellema Middaugh Voorhees

Galloway Johnson Middleton Whyman

Nays--53

Alley Emerson Kilpatrick Rison

Anthony Frank LaForge Schauer

Baird Freeman Leland Schermesser

Basham Gagliardi Mans Schroer

Bogardus Gire Martinez Scott

Brater Goschka Mathieu Stallworth

Brewer Gubow Murphy Tesanovich

Brown Hale Olshove Thomas

Callahan Hanley Owen Vaughn

Crissman Harder Palamara Wallace

Cropsey Hertel Parks Wetters

Curtis Hood Price Willard

DeHart Kelly Prusi Wojno

Dobronski

In The Chair: Gire

Rep. Richner moved to amend the bill as follows:

1. Amend page 3, following line 26, by inserting:

"SEC. 21051C. (1) A HEALTH MAINTENANCE ORGANIZATION, HEALTH CARE CORPORATION, OR INSURER THAT PROVIDES COVERAGE UNDER A PRUDENT PURCHASER ARRANGEMENT SHALL EXERCISE ORDINARY CARE WHEN MAKING A HEALTH CARE TREATMENT DECISION UNDER THE PRUDENT PURCHASER ARRANGEMENT AND IS LIABLE FOR DAMAGES FOR HARM TO A PERSON COVERED UNDER THE PRUDENT PURCHASER ARRANGEMENT PROXIMATELY CAUSED BY ITS FAILURE TO EXERCISE ORDINARY CARE.

(2) A HEALTH MAINTENANCE ORGANIZATION, HEALTH CARE CORPORATION, OR INSURER DESCRIBED UNDER SUBSECTION (1) IS LIABLE FOR DAMAGES FOR HARM TO THE PERSON COVERED UNDER THE PRUDENT PURCHASER ARRANGEMENT PROXIMATELY CAUSED BY A HEALTH CARE TREATMENT DECISION MADE BY AN EMPLOYEE, AGENT, OSTENSIBLE AGENT, OR REPRESENTATIVE ACTING ON BEHALF OF THE HEALTH MAINTENANCE ORGANIZATION, HEALTH CARE CORPORATION, OR INSURER AND OVER WHOM THE HEALTH MAINTENANCE ORGANIZATION, HEALTH CARE CORPORATION, OR INSURER HAS THE RIGHT TO EXERCISE INFLUENCE OR CONTROL OR HAS EXERCISED INFLUENCE OR CONTROL THAT RESULTED IN THE FAILURE TO EXERCISE ORDINARY CARE. HOWEVER, A FINDING THAT A HEALTH PROFESSIONAL IS AN EMPLOYEE, AGENT, OSTENSIBLE AGENT, OR REPRESENTATIVE OF A HEALTH MAINTENANCE ORGANIZATION, HEALTH CARE CORPORATION OR INSURER SHALL NOT BE BASED SOLELY ON PROOF THAT THE INDIVIDUAL'S NAME APPEARS IN A LISTING OF APPROVED PROVIDERS MADE AVAILABLE TO THE HEALTH MAINTENANCE ORGANIZATION'S, HEALTH CARE CORPORATION'S, OR INSURER'S ENROLLEES, MEMBERS, OR INSUREDS.

(3) BOTH OF THE FOLLOWING ARE DEFENSES IN AN ACTION BROUGHT PURSUANT TO SUBSECTION (1) OR (2):

(A) NEITHER THE HEALTH MAINTENANCE ORGANIZATION, HEALTH CARE CORPORATION, OR INSURER NOR ITS EMPLOYEE, AGENT, OSTENSIBLE AGENT, OR REPRESENTATIVE CONTROLLED, INFLUENCED, OR PARTICIPATED IN THE HEALTH CARE TREATMENT DECISION.

(B) THE HEALTH MAINTENANCE ORGANIZATION, HEALTH CARE CORPORATION, OR INSURER DID NOT DENY OR DELAY PAYMENT FOR ANY TREATMENT PRESCRIBED OR RECOMMENDED BY A PROVIDER TO THE ENROLLEE, MEMBER, OR INSURED.

(4) THIS SECTION DOES NOT CREATE AN OBLIGATION FOR A HEALTH MAINTENANCE ORGANIZATION, HEALTH CARE CORPORATION, OR INSURER TO PROVIDE TO AN ENROLLEE, MEMBER, OR INSURED TREATMENT THAT IS NOT COVERED UNDER THE HEALTH MAINTENANCE ORGANIZATION'S, HEALTH CARE CORPORATION'S, OR INSURER'S PRUDENT PURCHASER ARRANGEMENT.

(5) THIS SECTION DOES NOT CREATE ANY LIABILITY ON THE PART OF AN EMPLOYER, EMPLOYER PURCHASING GROUP, WELFARE BENEFIT PLAN, OR OTHER ENTITY THAT PURCHASES COVERAGE OR ASSUMES RISK ON BEHALF OF ITS EMPLOYEES OR PARTICIPANTS.

(6) AN ACTION BROUGHT UNDER THIS SECTION SHALL BE TREATED THE SAME AS A MEDICAL MALPRACTICE ACTION UNDER SECTIONS 1483, 2169, 2912A, 2912B, 2912C, 2912D, 2912E, 2912F, 2912G, 4901 TO 4923, 5838A, 5851, 6013, 6098, AND 6304 OF THE REVISED JUDICATURE ACT OF 1961, 1961 PA 236, MCL 600.1483, 600.2169, 600.2912A, 600.2912B, 600.2912C, 600.2912D, 600.2912E, 600.2912F, 600.2912G, 600.4903 TO 600.4923, 600.5838A, 600.5851, 600.6013, 600.6098, AND 600.6304.

(7) AS USED IN THIS SECTION:

(A) "HEALTH CARE TREATMENT DECISION" MEANS EITHER A DETERMINATION AS TO WHEN THE HEALTH MAINTENANCE ORGANIZATION, HEALTH CARE CORPORATION, OR INSURER ACTUALLY PROVIDES MEDICAL SERVICES OR A DECISION THAT AFFECTS THE QUALITY OF THE DIAGNOSIS, CARE, OR TREATMENT PROVIDED TO THE HEALTH MAINTENANCE ORGANIZATION'S, HEALTH CARE CORPORATION'S, OR INSURER'S ENROLLEES, MEMBERS, OR INSUREDS.

(B) "ORDINARY CARE" MEANS FOR A HEALTH MAINTENANCE ORGANIZATION, HEALTH CARE CORPORATION, OR INSURER THAT DEGREE OF CARE THAT A HEALTH MAINTENANCE ORGANIZATION, HEALTH CARE CORPORATION, OR INSURER OF ORDINARY PRUDENCE WOULD USE UNDER THE SAME OR SIMILAR CIRCUMSTANCES. FOR AN EMPLOYEE, AGENT, OSTENSIBLE AGENT, OR REPRESENTATIVE ACTING ON BEHALF OF THE HEALTH MAINTENANCE ORGANIZATION, HEALTH CARE CORPORATION, OR INSURER, ORDINARY CARE MEANS THAT DEGREE OF CARE THAT A PERSON OF ORDINARY PRUDENCE IN THE SAME PROFESSION, SPECIALTY, OR AREA OF PRACTICE AS THAT PERSON WOULD USE UNDER THE SAME OR SIMILAR CIRCUMSTANCES.".

2. Amend page 4, line 1, after "section 1." by striking out "Section 21051a" and inserting "Sections 21051a and 21051c".

3. Amend page 4, line 2, after "333.21051a" by inserting "and 333.21051c".

4. Amend page 4, line 3, after "act," by striking out "applies" and inserting "apply".

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

Rep. Richner demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 517 Yeas--56

Alley Dobb Jellema Nye

Bankes Fitzgerald Johnson Oxender

Birkholz Galloway Kaza Palamara

Bobier Geiger Kukuk Perricone

Bodem Gernaat Law Profit

Brackenridge Gilmer LeTarte Raczkowski

Brewer Godchaux Llewellyn Rhead

Brown Goschka London Richner

Byl Green Lowe Rocca

Callahan Gustafson McBryde Sanborn

Cassis Hammerstrom McManus Scranton

Crissman Horton McNutt Sikkema

Dalman Jansen Middaugh Voorhees

DeVuyst Jelinek Middleton Whyman

Nays--41

Anthony Gire Leland Schauer

Baird Gubow Martinez Schermesser

Basham Hale Mathieu Scott

Bogardus Hanley Murphy Stallworth

Cherry Harder Olshove Tesanovich

Cropsey Hertel Owen Vaughn

Curtis Hood Parks Wallace

DeHart Kelly Price Wetters

Dobronski Kilpatrick Prusi Willard

Frank LaForge Rison Wojno

Freeman

In The Chair: Gire

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

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

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

Rep. Gustafson demanded the yeas and nays.

The demand was supported.

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

Rep. Gagliardi moved that consideration of the amendments be postponed temporarily.

The motion prevailed.

______

The Speaker assumed the Chair.

Rep. Brown moved to amend the bill as follows:

1. Amend page 3, following line 26, by inserting:

"SEC. 21051C. (1) A HEALTH MAINTENANCE ORGANIZATION, HEALTH CARE CORPORATION, OR INSURER THAT PROVIDES COVERAGE UNDER A PRUDENT PURCHASER ARRANGEMENT SHALL EXERCISE ORDINARY CARE WHEN MAKING A HEALTH CARE TREATMENT DECISION UNDER THE PRUDENT PURCHASER ARRANGEMENT AND IS LIABLE FOR DAMAGES FOR HARM TO A PERSON COVERED UNDER THE PRUDENT PURCHASER ARRANGEMENT PROXIMATELY CAUSED BY ITS FAILURE TO EXERCISE ORDINARY CARE.

(2) A HEALTH MAINTENANCE ORGANIZATION, HEALTH CARE CORPORATION, OR INSURER DESCRIBED UNDER SUBSECTION (1) IS LIABLE FOR DAMAGES FOR HARM TO THE PERSON COVERED UNDER THE PRUDENT PURCHASER ARRANGEMENT PROXIMATELY CAUSED BY A HEALTH CARE TREATMENT DECISION MADE BY AN EMPLOYEE, AGENT, OSTENSIBLE AGENT, OR REPRESENTATIVE ACTING ON BEHALF OF THE HEALTH MAINTENANCE ORGANIZATION, HEALTH CARE CORPORATION, OR INSURER AND OVER WHOM THE HEALTH MAINTENANCE ORGANIZATION, HEALTH CARE CORPORATION, OR INSURER HAS THE RIGHT TO EXERCISE INFLUENCE OR CONTROL OR HAS EXERCISED INFLUENCE OR CONTROL THAT RESULTED IN THE FAILURE TO EXERCISE ORDINARY CARE. HOWEVER, A FINDING THAT A HEALTH PROFESSIONAL IS AN EMPLOYEE, AGENT, OSTENSIBLE AGENT, OR REPRESENTATIVE OF A HEALTH MAINTENANCE ORGANIZATION, HEALTH CARE CORPORATION OR INSURER SHALL NOT BE BASED SOLELY ON PROOF THAT THE INDIVIDUAL'S NAME APPEARS IN A LISTING OF APPROVED PROVIDERS MADE AVAILABLE TO THE HEALTH MAINTENANCE ORGANIZATION'S, HEALTH CARE CORPORATION'S, OR INSURER'S ENROLLEES, MEMBERS, OR INSUREDS.

(3) BOTH OF THE FOLLOWING ARE DEFENSES IN AN ACTION BROUGHT PURSUANT TO SUBSECTION (1) OR (2):

(A) NEITHER THE HEALTH MAINTENANCE ORGANIZATION, HEALTH CARE CORPORATION, OR INSURER NOR ITS EMPLOYEE, AGENT, OSTENSIBLE AGENT, OR REPRESENTATIVE CONTROLLED, INFLUENCED, OR PARTICIPATED IN THE HEALTH CARE TREATMENT DECISION.

(B) THE HEALTH MAINTENANCE ORGANIZATION, HEALTH CARE CORPORATION, OR INSURER DID NOT DENY OR DELAY PAYMENT FOR ANY TREATMENT PRESCRIBED OR RECOMMENDED BY A PROVIDER TO THE ENROLLEE, MEMBER, OR INSURED.

(4) THIS SECTION DOES NOT CREATE AN OBLIGATION FOR A HEALTH MAINTENANCE ORGANIZATION, HEALTH CARE CORPORATION, OR INSURER TO PROVIDE TO AN ENROLLEE, MEMBER, OR INSURED TREATMENT THAT IS NOT COVERED UNDER THE HEALTH MAINTENANCE ORGANIZATION'S, HEALTH CARE CORPORATION'S, OR INSURER'S PRUDENT PURCHASER ARRANGEMENT.

(5) THIS SECTION DOES NOT CREATE ANY LIABILITY ON THE PART OF AN EMPLOYER, EMPLOYER PURCHASING GROUP, WELFARE BENEFIT PLAN, OR OTHER ENTITY THAT PURCHASES COVERAGE OR ASSUMES RISK ON BEHALF OF ITS EMPLOYEES OR PARTICIPANTS.

(6) FOR PURPOSES OF THE REVISED JUDICATURE ACT OF 1961, 1961 PA 236, MCL 600.101 TO 600.9948, THIS SECTION DOES NOT CREATE A MEDICAL MALPRACTICE CAUSE OF ACTION.

(7) AS USED IN THIS SECTION:

(A) "HEALTH CARE TREATMENT DECISION" MEANS EITHER A DETERMINATION AS TO WHEN THE HEALTH MAINTENANCE ORGANIZATION, HEALTH CARE CORPORATION, OR INSURER ACTUALLY PROVIDES MEDICAL SERVICES OR A DECISION THAT AFFECTS THE QUALITY OF THE DIAGNOSIS, CARE, OR TREATMENT PROVIDED TO THE HEALTH MAINTENANCE ORGANIZATION'S, HEALTH CARE CORPORATION'S, OR INSURER'S ENROLLEES, MEMBERS, OR INSUREDS.

(B) "ORDINARY CARE" MEANS FOR A HEALTH MAINTENANCE ORGANIZATION, HEALTH CARE CORPORATION, OR INSURER THAT DEGREE OF CARE THAT A HEALTH MAINTENANCE ORGANIZATION, HEALTH CARE CORPORATION, OR INSURER OF ORDINARY PRUDENCE WOULD USE UNDER THE SAME OR SIMILAR CIRCUMSTANCES. FOR AN EMPLOYEE, AGENT, OSTENSIBLE AGENT, OR REPRESENTATIVE ACTING ON BEHALF OF THE HEALTH MAINTENANCE ORGANIZATION, HEALTH CARE CORPORATION, OR INSURER, ORDINARY CARE MEANS THAT DEGREE OF CARE THAT A PERSON OF ORDINARY PRUDENCE IN THE SAME PROFESSION, SPECIALTY, OR AREA OF PRACTICE AS THAT PERSON WOULD USE UNDER THE SAME OR SIMILAR CIRCUMSTANCES.".

2. Amend page 4, line 1, after "section 1." by striking out "Section 21051a" and inserting "Sections 21051a and 21051c".

3. Amend page 4, line 2, after "333.21051a" by inserting "and 333.21051c".

4. Amend page 4, line 3, after "act," by striking out "applies" and inserting "apply".

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

Rep. Richner demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 518 Yeas--59

Agee DeHart Jellema Profit

Alley Dobronski Kelly Prusi

Anthony Emerson Kilpatrick Rison

Baird Frank LaForge Schauer

Basham Freeman Leland Schermesser

Bogardus Gagliardi Llewellyn Schroer

Brater Gire Mans Scott

Brewer Goschka Martinez Stallworth

Brown Gubow Mathieu Tesanovich

Byl Hale Murphy Thomas

Callahan Hammerstrom Olshove Vaughn

Cherry Hanley Owen Wallace

Ciaramitaro Harder Palamara Willard

Cropsey Hertel Parks Wojno

Curtis Hood Price

Nays--45

Bankes Geiger Law Perricone

Birkholz Gernaat LeTarte Raczkowski

Bobier Gilmer London Rhead

Bodem Godchaux Lowe Richner

Brackenridge Gustafson McBryde Rocca

Cassis Horton McManus Sanborn

Crissman Jansen McNutt Scranton

Dalman Jelinek Middaugh Sikkema

DeVuyst Johnson Middleton Voorhees

Dobb Kaza Nye Wetters

Fitzgerald Kukuk Oxender Whyman

Galloway

In The Chair: Hertel

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

Rep. Richner withdrew the amendments.

Rep. Middleton moved that Rep. Lowe be excused temporarily from today's session.

The motion prevailed.

Rep. Richner moved to amend the bill as follows:

1. Amend page 3, following line 26, section 21051c, by striking out all of subsection (6) and inserting:

"(6) AN ACTION BROUGHT UNDER THIS SECTION SHALL BE TREATED THE SAME AS A MEDICAL MALPRACTICE ACTION UNDER SECTIONS 1483, 2169, 2912A, 2912B, 2912C, 2912D, 2912E, 2912F, 2912G, 4901 TO 4923, 5838A, 5851, 6013, 6098, AND 6304 OF THE REVISED JUDICATURE ACT OF 1961, 1961 PA 236, MCL 600.1483, 600.2169, 600.2912A, 600.2912B, 600.2912C, 600.2912D, 600.2912E, 600.2912F, 600.2912G, 600.4903 TO 600.4923, 600.5838A, 600.5851, 600.6013, 600.6098, AND 600.6304.".

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

Rep. Richner demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 519 Yeas--46

Bankes Geiger Kaza Oxender

Birkholz Gilmer Kukuk Perricone

Bobier Godchaux Law Raczkowski

Bodem Goschka LeTarte Rhead

Brackenridge Green Llewellyn Richner

Byl Gustafson London Rocca

Cassis Hammerstrom McBryde Sanborn

Crissman Horton McManus Scranton

Dalman Jansen Middaugh Sikkema

DeVuyst Jelinek Middleton Voorhees

Dobb Jellema Nye Whyman

Fitzgerald Johnson

Nays--57

Agee Dobronski Kilpatrick Rison

Alley Emerson LaForge Schauer

Anthony Frank Leland Schermesser

Baird Freeman Mans Schroer

Basham Gagliardi Martinez Scott

Bogardus Gire Mathieu Stallworth

Brater Griffin Murphy Tesanovich

Brewer Gubow Olshove Thomas

Brown Hale Owen Varga

Callahan Hanley Palamara Vaughn

Cherry Harder Parks Wallace

Ciaramitaro Hertel Price Wetters

Cropsey Hood Profit Willard

Curtis Kelly Prusi Wojno

DeHart

In The Chair: Hertel

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

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

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

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

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 5221, entitled

A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding sections 21051a and 21051b.

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

Roll Call No. 520 Yeas--61

Agee DeHart Hertel Price

Alley Dobronski Hood Profit

Anthony Emerson Kelly Prusi

Baird Frank Kilpatrick Schauer

Basham Freeman LaForge Schermesser

Bogardus Gagliardi Leland Schroer

Brater Gire Lowe Scott

Brewer Godchaux Mans Scranton

Brown Goschka Martinez Stallworth

Byl Griffin Mathieu Tesanovich

Callahan Gubow Murphy Vaughn

Cherry Hale Olshove Wallace

Ciaramitaro Hammerstrom Owen Wetters

Crissman Hanley Palamara Willard

Cropsey Harder Parks Wojno

Curtis

Nays--45

Bankes Gernaat Law Perricone

Birkholz Gilmer LeTarte Raczkowski

Bobier Green Llewellyn Rhead

Bodem Gustafson London Richner

Brackenridge Horton McBryde Rocca

Cassis Jansen McManus Sanborn

Dalman Jelinek McNutt Sikkema

DeVuyst Jellema Middaugh Thomas

Dobb Johnson Middleton Varga

Fitzgerald Kaza Nye Voorhees

Galloway Kukuk Oxender Whyman

Geiger

In The Chair: Hertel

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

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

A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding sections 21035a, 21051a, 21051b, and 21051c.

The motion prevailed.

The House agreed to the title as amended.

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

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

______

Reps. Middleton and Dobb, having reserved the right to explain their protest against the passage of the bill, made the following statement:

"Mr. Speaker and members of the House:

I voted no on this bill because it plays into the hands of trial lawyers without adding meaningful protection for patients. Regardless of how it is characterized, this bill is a medical malpractice bill that extends beyond health care providers to HMOs and other entities providing coverage. And, to the delight of trial lawyers, the bill lacks the caps on non-economic damages contained in medical malpractice law. Further, patients are already able to appeal to outside sources when they disagree with a decision made by their health plan. This and other patient protections were established in last session's patient bill of rights."

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

"Mr. Speaker and members of the House:

Last week, members of this House spoke in opposition to the prenatal protection bills because existing law reportedly already provided protections.

In a similar way, this bill is not strictly necessary because Michigan citizens can and do presently seek legal remedies for the situations this bill tries to address."

______

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

The motion prevailed.

Rep. Gagliardi moved that when the House adjourns today it stand adjourned until Wednesday, June 3, at 10:00 a.m.

The motion prevailed.

By unanimous consent the House returned to the order of

Motions and Resolutions

Rep. Middaugh offered the following resolution:

House Resolution No. 311.

A resolution to urge the Natural Resources Commission to extend the 1998 firearms deer season by starting on November 14.

Whereas, Over the past quarter century, the size of Michigan's deer herd has increased dramatically. At the start of the 1997 hunting season, the state had an estimated deer population of 1.8 million; and

Whereas, While not all areas have the same density of deer, every county in Michigan faces problems from car/deer crashes. In 1996, according to the Michigan State Police, more than 68,000 accidents occurred. This number is more than twice the number of crashes of this kind that took place only ten years earlier. On average, Michigan motorists are involved in 186 deer-vehicle crashes every day. The 1996 car/deer crashes resulted in six deaths, 2,221 injuries, and a total cost of more than $100 million. In many instances, avoiding collisions with deer causes even worse accidents; and

Whereas, In addition to the impact the large deer population has on transportation, farms suffer enormous damage. In certain areas of the state, deer are a significant threat to crops and a source of great frustration to farmers; and

Whereas, Interested parties, including public and private organizations and agencies concerned over highway safety, have proposed starting the firearms deer hunting season a day earlier this year as a means of better managing the deer herd. Beginning the 1998 season on November 14, which is a Saturday, can prove to be an effective tool for reducing the population of deer. The added time will assure three full weekends for the firearms season, which continues to be the best mechanism for controlling the herd; now, therefore, be it

Resolved by the House of Representatives, That we urge the Natural Resources Commission to extend the 1998 firearms deer season by starting on November 14; and be it further

Resolved, That a copy of this resolution be transmitted to the Natural Resources Commission.

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

Rep. Middaugh offered the following concurrent resolution:

House Concurrent Resolution No. 108.

A concurrent resolution to urge the Natural Resources Commission to extend the 1998 firearms deer season by starting on November 14.

Whereas, Over the past quarter century, the size of Michigan's deer herd has increased dramatically. At the start of the 1997 hunting season, the state had an estimated deer population of 1.8 million; and

Whereas, While not all areas have the same density of deer, every county in Michigan faces problems from car/deer crashes. In 1996, according to the Michigan State Police, more than 68,000 accidents occurred. This number is more than twice the number of crashes of this kind that took place only ten years earlier. On average, Michigan motorists are involved in 186 deer-vehicle crashes every day. The 1996 car/deer crashes resulted in six deaths, 2,221 injuries, and a total cost of more than $100 million. In many instances, avoiding collisions with deer causes even worse accidents; and

Whereas, In addition to the impact the large deer population has on transportation, farms suffer enormous damage. In certain areas of the state, deer are a significant threat to crops and a source of great frustration to farmers; and

Whereas, Interested parties, including public and private organizations and agencies concerned over highway safety, have proposed starting the firearms deer hunting season a day earlier this year as a means of better managing the deer herd. Beginning the 1998 season on November 14, which is a Saturday, can prove to be an effective tool for reducing the population of deer. The added time will assure three full weekends for the firearms season, which continues to be the best mechanism for controlling the herd; now, therefore, be it

Resolved by the House of Representatives (the Senate concurring), That we urge the Natural Resources Commission to extend the 1998 firearms deer season by starting on November 14; and be it further

Resolved, That a copy of this resolution be transmitted to the Natural Resources Commission.

The concurrent resolution was referred to the Committee on Conservation, Environment and Recreation.

Reports of Select Committees

Joint Committee on Administrative Rules

Certificates of Approval

Date: May 27, 1998

Subject: Trans. No. 98-36

I hereby certify that the Joint Committee on Administrative Rules approved the administrative rules from the Department of Consumer and Industry Services, Manufactured Housing Commission, pertaining to General Rules, dated February 12, 1998.

Date: May 27, 1998

Subject: Trans. No. 98-44

I hereby certify that the Joint Committee on Administrative Rules approved the administrative rules from the Department of Environmental Quality, Land and Water Management Division, pertaining to Water Resources, dated December 4, 1997.

Date: May 27, 1998

Subject: Trans. No. 98-47

I hereby certify that the Joint Committee on Administrative Rules approved the administrative rules from the Department of Transportation, Aeronautics Commission, pertaining to General Rules, dated March 16, 1998.

Date: May 27, 1998

Subject: Trans. No. 98-50

I hereby certify that the Joint Committee on Administrative Rules approved the administrative rules from the Department of Environmental Quality, Air Quality Division, pertaining to Air Pollution Control, dated March 26, 1997.

Sincerely,

Senator Walter H. North

Chair

Reports of Standing Committees

The Committee on Labor and Occupational Safety, by Rep. Cherry, Vice-Chair, reported

House Bill No. 5654, entitled

A bill to amend 1972 PA 230, entitled "State construction code act of 1972," by amending sections 2, 8, and 28 (MCL 125.1502, 125.1508, and 125.1528), section 2 as amended by 1980 PA 371, section 8 as amended by 1994 PA 128, and section 28 as amended by 1996 PA 48, and by adding section 8a; and to repeal acts and parts of acts.

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

HB 5654 To Report Out:

Yeas: Reps. Cherry, Agee, Bogardus, Callahan, Freeman, Schermesser, Byl, Llewellyn,

Nays: None.

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Cherry, Vice-Chair of the Committee on Labor and Occupational Safety, was received and read:

Meeting held on: Tuesday, June 2, 1998, at 9:00 a.m.,

Present: Reps. Cherry, Agee, Bogardus, Callahan, Freeman, Schermesser, Byl, Llewellyn,

Absent: Reps. Murphy, Raczkowski, Rhead,

Excused: Reps. Murphy, Raczkowski, Rhead.

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. LaForge, Chair of the Committee on Human Services and Children, was received and read:

Meeting held on: Tuesday, June 2, 1998, at 9:00 a.m.,

Present: Reps. LaForge, Scott, Bogardus, Gire, Schauer, London, McManus, Sanborn,

Absent: Rep. Horton,

Excused: Rep. Horton.

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Hertel, Chair of the Committee on House Television Oversight, was received and read:

Meeting held on: Tuesday, June 2, 1998, at 1:30 p.m.,

Present: Reps. Hertel, Gagliardi, Thomas, Sikkema,

Absent: Reps. Gustafson, DeVuyst,

Excused: Reps. Gustafson, DeVuyst.

Messages from the Senate

Senate Bill No. 483, entitled

A bill to amend 1941 PA 205, entitled "An act to provide for the construction, establishment, opening, use, discontinuing, vacating, closing, altering, improvement, and maintenance of limited access highways and facilities ancillary to those highways; to permit the acquiring of property and property rights and the closing or other treatment of intersecting roads for these purposes; to provide for the borrowing of money and for the issuing of bonds or notes payable from special funds for the acquisition, construction or improvement of such highways; and to provide for the receipt and expenditure of funds generated from the facilities," by amending section 2 (MCL 252.52), as amended by 1995 PA 93.

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

1. Amend page 3, line 22, after "UNDER" by inserting "SECTION 7 OF".

The Senate has concurred in the House substitute (H-1) as amended and ordered that the bill be given immediate effect.

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

Senate Concurrent Resolution No. 59.

A concurrent resolution to call for increased support for training county veterans counselors.

Whereas, The Michigan Association of County Veterans Counselors (MACVC), a nonprofit veterans benefits corporation, is requesting that the state set aside money to defray the expenses associated with annual training; and

Whereas, MACVC has veterans benefits counselor locations throughout the state that receive financial support from their county boards of commissioners to cover the cost of providing needed services to the veteran and dependent population resident within their counties; and

Whereas, A large portion of the veterans and dependents rely solely on the financial programs afforded them under the Department of Veterans Affairs programs; and

Whereas, The Michigan Association of County Veterans Counselors, with the assistance of the National Association of County Veterans Counselors, has noticed that the federal revenue generated for veterans and dependents increases tremendously with increased knowledge; and

Whereas, MACVC has undertaken a comprehensive study to determine the annual expense associated with a four-day education program. The association has studied similar programs already in existence in other states, including Iowa and Arkansas; and

Whereas, Other educational programs for veterans counselors consist of several topics, including the following:

A. Office management principles,

B. Current state and federal programs available to veterans and dependents,

C. Procedures to apply for state and federal programs,

D. Waiver and appellate processes for veterans programs,

E. Assistance in making referrals within the Department of Veterans Affairs system, and

F. Competent knowledge of other federal programs such as Social Security, Medicare, Medicaid, and labor.

; and

Whereas, The MACVC is often the first point of contact for many veterans and dependents returning home from active duty. The counties in which the counselors work lost some support from changes to our tax structure through Proposal A in 1993; and

Whereas, MACVC and members have represented the veterans and dependents of the state of Michigan for over five decades. Michigan has always supported its veterans and their dependents who have sacrificed so much so that we might enjoy the freedom we have today as well as progressive education; now, therefore, be it

Resolved by the Senate (the House of Representatives concurring), That we call for increased support for training county veterans counselors.

The Senate has adopted the concurrent resolution.

Reps. Hanley, Kukuk, Llewellyn, Anthony, Prusi, LaForge, Kelly, Bodem, Goschka, Cherry, Varga, Profit, Hale, Schauer, Tesanovich, Palamara, Lowe, Schroer, Raczkowski and Birkholz were named co-sponsors of the concurrent resolution.

The concurrent resolution was referred to the Committee on Senior Citizens and Veterans Affairs.

Announcement by the Clerk of Printing and Enrollment

The Clerk announced that the following bill had been printed and placed upon the files of the members, Wednesday, May 27:

Senate Bill No. 1143

The Clerk announced the enrollment printing and presentation to the Governor on Thursday, May 28, for his approval of the following bills:

Enrolled House Bill No. 4031 at 11:33 a.m.

Enrolled House Bill No. 4324 at 11:35 a.m.

Enrolled House Bill No. 4620 at 11:37 a.m.

Enrolled House Bill No. 4943 at 11:39 a.m.

Enrolled House Bill No. 5076 at 11:41 a.m.

Enrolled House Bill No. 5135 at 11:43 a.m.

Enrolled House Bill No. 5289 at 11:45 a.m.

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

House Bill No. 5887

The Clerk announced the enrollment printing and presentation to the Governor on Friday, May 29, for his approval of the following bills:

Enrolled House Bill No. 5216 at 10:58 a.m.

Enrolled House Bill No. 5608 at 11:00 a.m.

The Clerk announced that the following bills had been printed and placed upon the files of the members, Friday, May 29:

House Bill Nos. 5888 5889 5890 5891 5892 5893 5894 5895 5896 5897 5898

The Clerk announced the enrollment printing and presentation to the Governor on Tuesday, June 2, for his approval of the following bill:

Enrolled House Bill No. 5304 at 10:38 a.m.

Messages from the Governor

The following messages from the Governor, approving and signing the following bills at the times designated below, were received and read:

Date: May 28, 1998

Time: 8:50 a.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5250 (Public Act No. 99, I.E.), being

An act to amend 1992 PA 234, entitled ''An act to establish a judges retirement system; to provide for the administration and maintenance of the retirement system; to create a retirement board; to prescribe the powers and duties of the retirement board; to establish certain reserves for the retirement system; to establish certain funds; to prescribe the powers and duties of certain state departments and certain state and local officials and employees; to prescribe penalties and provide remedies; and to repeal certain acts and parts of acts,'' by amending section 217 (MCL 38.2217), as amended by 1996 PA 525.

(Filed with the Secretary of State May 28, 1998, at 4:14 p.m.)

Date: May 28, 1998

Time: 9:00 a.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5251 (Public Act No. 100, I.E.), being

An act to amend 1961 PA 236, entitled "An act to revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of such courts, and of the judges and other officers thereof; the forms and attributes of civil claims and actions; the time within which civil actions and proceedings may be brought in said courts; pleading, evidence, practice and procedure in civil and criminal actions and proceedings in said courts; to provide remedies and penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with, or contravening any of the provisions of this act," (MCL 600.101 to 600.9948) by adding section 821a.

(Filed with the Secretary of State May 28, 1998, at 4:16 p.m.)

Date: May 28, 1998

Time: 9:05 a.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 4447 (Public Act No. 101, I.E.), being

An act to amend 1947 PA 359, entitled "An act to authorize the incorporation of charter townships; to provide a municipal charter therefor; and to prescribe the powers and functions thereof," by amending section 4 (MCL 42.4), as amended by 1990 PA 12.

(Filed with the Secretary of State May 28, 1998, at 4:18 p.m.)

Date: May 28, 1998

Time: 2:25 p.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 4857 (Public Act No. 102, I.E.), being

An act to authorize the department of state police to convey certain state owned property in Berrien county; to prescribe conditions for the conveyance; and to provide for disposition of the revenue derived from the conveyance.

(Filed with the Secretary of State May 29, 1998, at 11:22 a.m.)

Date: May 28, 1998

Time: 2:30 p.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5290 (Public Act No. 103, I.E.), being

An act to amend 1949 PA 300, entitled "An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of owners and operators of vehicles and service of process on residents and nonresidents; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date," by amending section 907 (MCL 257.907), as amended by 1995 PA 287.

(Filed with the Secretary of State May 29, 1998, at 11:24 a.m.)

Date: May 28, 1998

Time: 2:32 p.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5002 (Public Act No. 104), being

An act to amend 1994 PA 451 entitled "An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, and assessments; to provide certain appropriations; to prescribe penalties and provide remedies; to repeal certain parts of this act on a specific date; and to repeal certain acts and parts of acts," by repealing section 43512 (MCL 324.43512).

(Filed with the Secretary of State May 29, 1998, at 11:26 a.m.)

Date: May 28, 1998

Time: 2:40 p.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 4765 (Public Act No. 105), being

An act to amend 1949 PA 300, entitled "An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of owners and operators of vehicles and service of process on residents and nonresidents; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date," (MCL 257.1 to 257.923) by adding section 207a.

(Filed with the Secretary of State May 29, 1998, at 11:28 a.m.)

Communications from State Officers

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

Notices of Filing

Administrative Rules

May 4, 1998

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 Office of Regulatory Reform, Legal Division filed at 1:15 P.M. this date, administrative rule (98-05-1) for the Department of State Police, Forensic Science Division, entitled "DNA Profiling", effective 15 days hereafter.

May 5, 1998

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 Office of Regulatory Reform, Legal Division filed at 1:15 P.M. this date, administrative rule (98-05-2) for the Department of Treasury, Revenue Division, entitled "Income Tax", effective 15 days hereafter.

May 5, 1998

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 Office of Regulatory Reform, Legal Division filed at 1:17 P.M. this date, administrative rule (98-05-3) for the Department of Environmental Quality, Land and Water Management Division, entitled "Floodplains and Floodways", effective 15 days hereafter.

May 5, 1998

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 Office of Regulatory Reform, Legal Division filed at 1:05 P.M. this date, administrative rule (98-05-4) for the Department of Treasury, Bureau of Revenue, entitled "Taxpayer Bill of Rights Rescissions", effective 15 days hereafter.

Sincerely,

Candice S. Miller

Secretary of State

Helen Kruger, Supervisor

Office of the Great Seal

The communications were referred to the Clerk.

The following communications from the Michigan Works! Northeast Michigan Consortium were received and read:

May 28, 1998

The Workforce Development Board of Northeast Michigan Consortium has prepared the final Title IIB plan for program year 1998.

The following planned activities are available to the target groups that are eligible under the Job Training Partnership Act: Classroom Training, Basic Remedial Education, Work Experience, Job Specific Internship (Private Sector).

Total Title IIB program funds planned for PY98: $523,241.00

A copy of the Plan is available at Northeast Michigan Consortium, P.O. Box 711, Onaway, Michigan 49765. Please address questions or comments to Terry L. Basel, Program Coordinator.

May 28, 1998

The Workforce Development Board of Northeast Michigan Consortium has prepared the final Title IIA 5% Older Worker plan for program year 1998.

The following is a summary of the planned activities for the target groups that are eligible under the Job Training Partnership Act:

Total IIA 5% Older Worker Program Funds Planned for PY98: $33,128.00

Direct Training....................$16,564.00

Training/Related..................$10,932.00

A copy of the Plan is available at Northeast Michigan Consortium, P.O. Box 711, Onaway, Michigan 49765. Please address questions or comments to Terry L. Basel, Program Coordinator.

Sincerely,

Terry L. Basel

Program Coordinator

The communications were referred to the Clerk.

Introduction of Bills

Reps. Bodem, Freeman, Dalman, Schroer, Gire, Birkholz, McBryde, Jansen, Richner, Baade and Brewer introduced

House Bill No. 5899, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending sections 243a and 243b (MCL 750.243a and 750.243b), section 243a as amended by 1980 PA 422.

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

Rep. Frank introduced

House Bill No. 5900, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 36111 (MCL 324.36111), as amended by 1996 PA 567, and by adding part 362.

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

Rep. Whyman introduced

House Bill No. 5901, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 722 and 724 (MCL 257.722 and 257.724), section 722 as amended by 1993 PA 22 and section 724 as amended by 1988 PA 346.

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

Reps. Kilpatrick, Emerson, Kelly, Vaughn, Murphy, Scott, Freeman, LaForge, Rison, Brater, Hale, Stallworth, Parks and Thomas introduced

House Bill No. 5902, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by amending the part heading to part 13 and by adding sections 1301, 1302, 1303, 1304, 1305, 1306, and 1307.

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

Rep. Profit introduced

House Bill No. 5903, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 2543 (MCL 600.2543), as amended by 1986 PA 308.

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

Rep. Varga moved that the House adjourn.

The motion prevailed, the time being 2:10 p.m.

The Speaker declared the House adjourned until Wednesday, June 3, at 10:00 a.m.

MARY KAY SCULLION

Clerk of the House of Representatives.