hj05310t.051

No. 51

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

90th Legislature

REGULAR SESSION OF 2000

House Chamber, Lansing, Wednesday, May 31, 2000.

10:00 a.m.

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

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

Allen--present

Baird--present

Basham--present

Birkholz--present

Bisbee--present

Bishop--present

Bogardus--present

Bovin--present

Bradstreet--present

Brater--present

Brewer--present

Brown, Bob--present

Brown, Cameron--present

Byl--present

Callahan--present

Cassis--present

Caul--present

Cherry--present

Clark--present

Clarke--present

Daniels--present

DeHart--present

Dennis--present

DeRossett--present

DeVuyst--present

DeWeese--present

Ehardt--present

Faunce--present

Frank--present

Garcia--present

Garza--present

Geiger--present

Gieleghem--present

Gilbert--present

Godchaux--present

Gosselin--present

Green--present

Hager--present

Hale--present

Hanley--present

Hansen--present

Hardman--present

Hart--present

Howell--present

Jacobs--present

Jamnick--present

Jansen--present

Jelinek--present

Jellema--present

Johnson, Rick--present

Johnson, Ruth--present

Julian--present

Kelly--present

Kilpatrick--present

Koetje--present

Kowall--present

Kuipers--present

Kukuk--present

LaForge--present

LaSata--present

Law--present

Lemmons--present

Lockwood--present

Mans--present

Martinez--present

Mead--present

Middaugh--present

Minore--present

Mortimer--present

Neumann--present

O'Neil--present

Pappageorge--present

Patterson--present

Perricone--present

Pestka--present

Price--present

Prusi--present

Pumford--present

Quarles--present

Raczkowski--present

Reeves--present

Richardville--present

Richner--present

Rison--present

Rivet--present

Rocca--present

Sanborn--present

Schauer--present

Schermesser--present

Scott--present

Scranton--present

Shackleton--present

Sheltrown--present

Shulman--present

Spade--present

Stallworth--present

Stamas--present

Switalski--present

Tabor--present

Tesanovich--present

Thomas--present

Toy--present

Vander Roest--present

Van Woerkom--present

Vaughn--present

Vear--present

Voorhees--present

Wojno--present

Woodward--present

Woronchak--present

e/d/s = entered during session

Rev. Stephen Tucker, Pastor of First Congregational Church in Otsego, offered the following invocation:

"Our Heavenly Father and our God, thank You for the gift of another day, for the ability to get out of bed and travel here, for the ability to see and think and hear. Thank You, dear God, for the privilege we all have to be in these chambers this day.

May all of us realize that You have given us our particular gifts and experiences that place us here today. You have called us here by many of Your wonderful circumstances in our lives. Thank You for making us the people we are today.

As these representatives of our state of Michigan gather to do the business of this state today, we pray that Your presence would be here in a special way. We pray that each man and woman who represent the various people of our state would know in their heart of hearts that You are here and You have given them great responsibility and ultimately they must answer to You, dear God. So guide them and give them the wisdom, the strength, the discipline and the knowledge to do not only what is right for our state, but what is right in Your sight.

We also ask Your blessing upon the senators, the Governor, those in our judicial system and others You have placed in positions of authority in our state. Bless also those men and women You have placed in similar positions at the federal and local levels of government.

Thank You, dear God, for listening to this prayer. Thank You again for Your presence here in this place.

For I pray all these things in the name of my Lord and my Savior, Jesus Christ. Amen and Amen."

Motions and Resolutions

By unanimous consent the House considered House Resolution No. 364 out of numerical order.

The Speaker, on behalf of the entire membership of the House of Representatives, offered the following resolution:

House Resolution No. 364.

A resolution to honor the memory of Carl F. Gnodtke, former member of the House.

Whereas, The members and staff of the Michigan Legislature were saddened to learn of the passing of our friend and former colleague, Carl Gnodtke. A gentleman of great warmth and unselfishness who shared many gifts and touched many lives, Carl Gnodtke strengthened his community, Michigan agriculture, and our entire state. To his beloved family, we offer our condolences and hope that their loss will be tempered by the knowledge that this gentleman will long be remembered for his goodness, integrity, and positive impact on public policy; and

Whereas, In may ways, Carl Gnodtke epitomized the timeless values of the America family farmer. His strong roots in southwestern Michigan provided him with a sense of community that he used for the good of others. While he loved nothing better than working on his family farm, he also became a leader in community life in Berrien County. The Farm Bureau, the National Grape Co-op, and the local soil conservation district benefited from his knowledge and dedication. This sense of public-mindedness was especially apparent in his work in numerous township and county elective posts; and

Whereas, In 1979, Carl Gnodtke brought his understanding and commitment to Lansing. As a lawmaker, his friendly ways quickly broke down all barriers of party or geography. As a result, he became an important voice on agriculture and an effective leader throughout his eighteen-year career in Lansing. His achievements included serving as the chair of the House Agriculture and Forestry Committee; and

Whereas, As much as he loved tractors, a good laugh, or helping someone solve a problem, nothing was dearer to Carl Gnodtke than family and faith. A devoted member of Trinity Lutheran Church in Sawyer, he carried his values to all responsibilities he faced. Michigan is far better for his gifts; now, therefore, be it

Resolved by the House of Representatives, That we offer this expression of our deepest respect for the memory of Carl F. Gnodtke, a member of this legislative body from 1979 to 1996; and be it further

Resolved, That copies of this resolution be transmitted to the Gnodtke family as evidence of the lasting esteem held for his memory.

The question being on the adoption of the resolution,

The resolution was adopted by unanimous standing vote.

______

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

The motion prevailed.

Second Reading of Bills

Senate Bill No. 1044, entitled

A bill to amend 1979 PA 94, entitled "The state school aid act of 1979," by amending sections 3, 6, 8, 11, 11f, 11g, 19, 20, 20j, 21b, 24, 26a, 31a, 31c, 31d, 32, 36, 36a, 39, 40, 41, 51a, 53a, 54, 56, 57, 61a, 62, 63, 67, 68, 74, 81, 91c, 94, 99, 101, 102, 104a, 105, 105b, 105c, 107, 147, 151, 152, and 163 (MCL 388.1603, 388.1606, 388.1608, 388.1611, 388.1611f, 388.1611g, 388.1619, 388.1620, 388.1620j, 388.1621b, 388.1624, 388.1626a, 388.1631a, 388.1631c, 388.1631d, 388.1632, 388.1636, 388.1636a, 388.1639, 388.1640, 388.1641, 388.1651a, 388.1653a, 388.1654, 388.1656, 388.1657, 388.1661a, 388.1662, 388.1663, 388.1667, 388.1668, 388.1674, 388.1681, 388.1691c, 388.1694, 388.1699, 388.1701, 388.1702, 388.1704a, 388.1705, 388.1705b, 388.1705c, 388.1707, 388.1747, 388.1751, 388.1752, and 388.1763), sections 6, 11, 11f, 11g, 20, 24, 26a, 31a, 31c, 36, 36a, 41, 51a, 53a, 54, 56, 57, 61a, 62, 63, 67, 68, 74, 81, 94, 99, 101, 104a, 105, 107, and 147 as amended and sections 20j, 31d, 32, and 105c as added by 1999 PA 119, sections 3 and 151 as amended by 1997 PA 93, sections 8 and 39 as amended by 1997 PA 142, sections 19, 21b, 102, and 163 as amended by 1996 PA 300, section 40 as amended by 1991 PA 118, section 91c as added by 1995 PA 130, section 105b as added by 1997 PA 24, and section 152 as amended by 1993 PA 175, and by adding sections 20l, 22a, 22b, 22c, 51c, 94a, 101b, and 108; and to repeal acts and parts of acts.

(The bill was read a second time, Committee substitute (H-1) adopted, amended and bill postponed temporarily on May 30, see House Journal No. 50, p. 1344.)

Rep. Cassis moved to amend the bill as follows:

1. Amend page 71, line 4, by striking out all of subsection (4) and adjusting section 11 and enacting section 1 accordingly.

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

Rep. Cassis demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 617 Yeas--7

Brater Johnson, Ruth Switalski Toy

Cassis Law Tesanovich

Nays--102

Allen Frank Kowall Richner

Baird Garcia Kuipers Rison

Basham Garza Kukuk Rivet

Birkholz Geiger LaForge Rocca

Bisbee Gieleghem LaSata Sanborn

Bishop Gilbert Lemmons Schauer

Bogardus Godchaux Lockwood Schermesser

Bovin Gosselin Mans Scott

Bradstreet Green Martinez Scranton

Brewer Hager Mead Shackleton

Brown, B. Hale Middaugh Sheltrown

Brown, C. Hanley Minore Shulman

Byl Hansen Mortimer Spade

Callahan Hardman Neumann Stallworth

Caul Hart O'Neil Stamas

Cherry Howell Pappageorge Tabor

Clark, I. Jacobs Patterson Thomas

Clarke, H. Jamnick Pestka Van Woerkom

Daniels Jansen Price Vander Roest

DeHart Jelinek Prusi Vaughn

Dennis Jellema Pumford Vear

DeRossett Johnson, Rick Quarles Voorhees

DeVuyst Julian Raczkowski Wojno

DeWeese Kelly Reeves Woodward

Ehardt Kilpatrick Richardville Woronchak

Faunce Koetje

In The Chair: Patterson

Rep. Martinez moved to amend the bill as follows:

1. Amend page 91, following line 19, section 32A(2)(C), after "INTERMEDIATE DISTRICT" by inserting "OR DISTRICT".

2. Amend page 91, following line 19, section 32A(3), after "PLANNING" by striking out the comma and inserting "AND".

3. Amend page 91, following line 19, section 32A(3), after "IMPLEMENTATION" by striking out the comma and "AND EVALUATION".

4. Amend page 91, following line 19, section 32A(4), after "YOUNG CHILDREN." by inserting "THE DEPARTMENT SHALL ESTABLISH QUALITY STANDARDS FOR PROGRAMS FUNDED UNDER THIS SECTION.".

5. Amend page 91, following line 19, section 32A(7), after "TOOL" by inserting "APPROVED BY THE DEPARTMENT.".

6. Amend page 91, following line 19, section 32A(10), after "MORE THAN" by striking out "10% OF THIS MATCHING REQUIREMENT" and inserting "1/2 OF THIS MATCHING REQUIREMENT, UP TO A TOTAL OF 10% OF THE TOTAL PROJECT BUDGET,".

7. Amend page 91, following line 19, section 32A, following subsection (10), by inserting:

"(11) INTERMEDIATE DISTRICTS OR DISTRICTS APPLYING FOR GRANTS TO OPERATE PROGRAMS UNDER THIS SECTION SHALL RECEIVE GRANTS FOR 3 YEARS, CONDITIONAL ON THE APPROVAL AND POSITIVE RECOMMENDATION OF THE DEPARTMENT.".

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

Rep. Raczkowski moved to reconsider the vote by which the House did not adopt 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. Martinez,

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

Rep. Scott moved to amend the bill as follows:

1. Amend page 102, following line 23, by inserting:

"SEC. 42. FROM THE APPROPRIATION IN SECTION 11, THERE IS ALLOCATED AN AMOUNT NOT TO EXCEED $1,000,000.00 EACH FISCAL YEAR FOR 2000-2001, 2001-2002, AND 2002-2003, TO DISTRICTS WITH A 1999-2000 PUPIL MEMBERSHIP GREATER THAN 3,500, BUT LESS THAN 3,610 AND WITH A 1999-2000 FOUNDATION ALLOWANCE LESS THAN $5,701.00. FUNDS ALLOCATED UNDER THIS SECTION SHALL BE FOR LITERACY PROGRAMS AS DEFINED BY THE DEPARTMENT." and adjusting section 11 and enacting section 1 accordingly.

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

Rep. Godchaux moved to amend the bill as follows:

1. Amend page 65, line 8, after "EXCEED" by striking out "$7,188,100,000.00" and inserting "$8,987,800,000.00".

2. Amend page 65, line 9, after "EXCEED" by striking out "$7,091,300,000.00" and inserting "$9,413,700,000.00".

3. Amend page 65, line 10, after "EXCEED" by striking out "$7,007,700,000.00" and inserting "$9,814,600,000.00".

4. Amend page 65, line 7, after "22A." by striking out "(1)".

5. Amend page 65, line 12, after "ACADEMIES" by striking out the balance of the section and inserting "FOR PAYMENTS UNDER THIS SECTION. THE ALLOCATION FOR A DISTRICT UNDER THIS SECTION SHALL BE AN AMOUNT EQUAL TO THE SUM OF THE AMOUNTS CALCULATED UNDER SECTIONS 20, 20J, 51A(3), AND 51A(12), MINUS THE SUM OF THE ALLOCATIONS TO THE DISTRICT UNDER SECTION 51C. THIS SECTION IS INTENDED TO BE THE LEGISLATED SOLUTION CALLED FOR ON OCTOBER 19, 1999 BY THE COURT OF APPEALS IN DURANT V STATE OF MICHIGAN.".

6. Amend page 70, line 17, by striking out all of section 22B and adjusting section 11 and enacting section 1 accordingly.

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

Rep. Cherry demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 618 Yeas--70

Baird Gieleghem Lemmons Sanborn

Basham Gilbert Lockwood Schauer

Bogardus Godchaux Martinez Schermesser

Bovin Green Minore Scott

Brater Hager Neumann Scranton

Brewer Hale O'Neil Shackleton

Brown, B. Hanley Patterson Sheltrown

Callahan Hansen Pestka Spade

Caul Hardman Price Stallworth

Cherry Howell Prusi Switalski

Clark, I. Jacobs Quarles Tesanovich

Clarke, H. Jamnick Raczkowski Thomas

Daniels Johnson, Ruth Reeves Van Woerkom

DeHart Julian Richardville Vaughn

Dennis Kelly Richner Wojno

Faunce Kilpatrick Rison Woodward

Frank LaForge Rocca Woronchak

Garza Law

Nays--38

Allen DeWeese Koetje Pappageorge

Birkholz Ehardt Kowall Pumford

Bisbee Garcia Kuipers Shulman

Bishop Geiger Kukuk Stamas

Bradstreet Gosselin LaSata Tabor

Brown, C. Hart Mans Toy

Byl Jansen Mead Vander Roest

Cassis Jelinek Middaugh Vear

DeRossett Jellema Mortimer Voorhees

DeVuyst Johnson, Rick

In The Chair: Patterson

Rep. Kelly moved to amend the bill as follows:

1. Amend page 91, following 19, section 32E(2), following subdivision (E), by inserting:

"(F) FUNDS ALLOCATED UNDER THIS SUBSECTION MAY BE USED TO REIMBURSE DISTRICTS FOR FUNDS PAID BY DISTRICTS FOR UP TO 1/2 OF THE SALARIES AND BENEFITS FOR EACH TEACHER TRAINED AND CERTIFIED TO PROVIDE A READING IMPROVEMENT PROGRAM." and adjusting section 11 and enacting section 1 accordingly.

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

Rep. Bogardus moved to amend the bill as follows:

1. Amend page 17, line 12, after "105C" by inserting "AND, EXCEPT FOR ENROLLMENT IN THE MICHIGAN VIRTUAL HIGH SCHOOL, THE EDUCATING DISTRICT IS CONTIGUOUS TO THE PUPIL'S DISTRICT OF RESIDENCE.".

2. Amend page 182, following line 17, by inserting:

"(20) EXCEPT FOR ENROLLMENT IN THE MICHIGAN VIRTUAL HIGH SCHOOL, A NONRESIDENT PUPIL MAY ENROLL UNDER THIS SECTION IN A DISTRICT LOCATED IN ANOTHER INTERMEDIATE DISTRICT ONLY IF THAT DISTRICT IS CONTIGUOUS TO THE PUPIL'S DISTRICT OF RESIDENCE." and renumbering the remaining subsections.

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

Rep. Scott moved to amend the bill as follows:

1. Amend page 91, following line 19, section 32E(1), after "MENTORING PROGRAMS," by inserting "LANGUAGE AND LITERACY OUTREACH PROGRAMS,".

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

Reps. Hanley and Kelly moved to amend the bill as follows:

1. Amend page 63, following line 15, by inserting:

"SEC. 20N. IN ADDITION TO ALL OTHER ALLOCATIONS UNDER THIS ACT FROM THE STATE SCHOOL AID FUND AS APPROPRIATED IN SECTION 11, THERE IS ALLOCATED AN AMOUNT NOT TO EXCEED $480,700,000.00 FOR FISCAL YEAR 2000-2001 TO BE PAID TO DISTRICTS ON A MEMBERSHIP BASIS TO BE USED FOR ANY PURPOSE FOR WHICH SEC. 20 FUNDS MAY BE USED.".

The question being on the adoption of the amendment offered by Reps. Hanley and Kelly,

Rep. Hanley demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendment offered by Reps. Hanley and Kelly,

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

Roll Call No. 619 Yeas--52

Baird Dennis Lemmons Rivet

Basham Frank Lockwood Schauer

Bogardus Garza Mans Schermesser

Bovin Gieleghem Martinez Scott

Brater Hale Minore Sheltrown

Brewer Hanley Neumann Spade

Brown, B. Hansen O'Neil Stallworth

Callahan Hardman Pestka Switalski

Cherry Jacobs Price Tesanovich

Clark, I. Jamnick Prusi Thomas

Clarke, H. Kelly Quarles Vaughn

Daniels Kilpatrick Reeves Wojno

DeHart LaForge Rison Woodward

Nays--57

Allen Geiger Koetje Richner

Birkholz Gilbert Kowall Rocca

Bisbee Godchaux Kuipers Sanborn

Bishop Gosselin Kukuk Scranton

Bradstreet Green LaSata Shackleton

Brown, C. Hager Law Shulman

Byl Hart Mead Stamas

Cassis Howell Middaugh Tabor

Caul Jansen Mortimer Toy

DeRossett Jelinek Pappageorge Van Woerkom

DeVuyst Jellema Patterson Vander Roest

DeWeese Johnson, Rick Pumford Vear

Ehardt Johnson, Ruth Raczkowski Voorhees

Faunce Julian Richardville Woronchak

Garcia

In The Chair: Patterson

Rep. Geiger moved to amend the bill as follows:

1. Amend page 22, line 11, by striking out "$420,613,500.00" and inserting "$420,713,500.00".

2. Amend page 22, line 17, by striking out "$420,613,500.00" and inserting "$420,713,500.00".

3. Amend page 22, line 23, by striking out "$420,613,500.00" and inserting "$420,713,500.00" and adjusting section 11 and enacting section 1 accordingly.

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

Reps. Vear and Jacobs moved to amend the bill as follows:

1. Amend page 73, following line 24, section 25B, after "APPLY:" by striking out all of subdivision (A) and relettering the remaining subdivisions.

2. Amend page 73, following line 24, section 25B, after "(B) THE PUPIL" by inserting "TRANSFERS FROM 1 OF 3 OTHER DISTRICTS SPECIFIED BY THE EDUCATING DISTRICT AND".

3. Amend page 73, following line 24, section 25B, by striking out all of subdivision (C) and relettering the remaining subdivisions.

4. Amend page 73, following line 24, section 25B, subdivision (D), after "THE PUPIL WAS COUNTED IN MEMBERSHIP IN THE" by striking out "PUBLIC SCHOOL ACADEMY OR".

5. Amend page 73, following line 24, section 25B, subdivision (E), after "WHO ARE DESCRIBED IN SUBDIVISIONS" by striking out "(A) TO (D)" and inserting "(A) AND (B) AND WHO TRANSFERS FROM 1 OF THE 3 OTHER DISTRICTS SPECIFIED BY THE EDUCATING DISTRICT,".

6. Amend page 73, following line 24, section 25B, subdivision (E), after "EQUAL TO THE GREATER OF" by striking out "50" and inserting "25".

7. Amend page 73, following line 24, section 25B, subdivision (E), after "OR 1% OF THE" by inserting "EDUCATING".

8. Amend page 73, following line 24, section 25B, subsection (2), after "(2)" by striking out the balance of the subsection and inserting "IF THE CONDITIONS SPECIFIED IN SUBSECTION (1) ARE MET, AND A PUPIL TRANSFERS FROM 1 OF THE 3 OTHER SPECIFIED DISTRICTS DESCRIBED IN SUBSECTION (1)(C) AND ENROLLS DURING A SCHOOL YEAR IN THE EDUCATING DISTRICT, THE EDUCATING DISTRICT SHALL REPORT THE ENROLLMENT INFORMATION TO THE DEPARTMENT AND TO THE DISTRICT IN WHICH THE PUPIL IS COUNTED IN MEMBERSHIP, AND THE DISTRICT IN WHICH THE PUPIL IS COUNTED IN MEMBERSHIP SHALL PAY TO THE EDUCATING DISTRICT AN AMOUNT EQUAL TO THE AMOUNT OF THE FOUNDATION ALLOWANCE OR PER PUPIL PAYMENT UNDER SECTION 20 RECEIVED BY THE DISTRICT IN WHICH THE PUPIL IS COUNTED IN MEMBERSHIP, PRORATED ACCORDING TO THE NUMBER OF DAYS OF THE SCHOOL YEAR ENDING IN THE FISCAL YEAR THE PUPIL IS EDUCATED IN THE EDUCATING DISTRICT COMPARED TO THE NUMBER OF DAYS OF THE SCHOOL YEAR ENDING IN THE FISCAL YEAR THE PUPIL WAS ACTUALLY ENROLLED IN THE DISTRICT IN WHICH THE PUPIL IS COUNTED IN MEMBERSHIP. IF A DISTRICT DOES NOT MAKE THE PAYMENT REQUIRED UNDER THIS SECTION WITHIN 30 DAYS AFTER RECEIPT OF THE REPORT, THE DEPARTMENT SHALL CALCULATE THE AMOUNT OWED, SHALL DEDUCT THAT AMOUNT FROM THE REMAINING STATE SCHOOL AID PAYMENTS TO THE DISTRICT FOR THAT FISCAL YEAR UNDER THIS ACT, AND SHALL PAY THAT AMOUNT TO THE EDUCATING DISTRICT. THE DISTRICT IN WHICH THE PUPIL IS COUNTED IN MEMBERSHIP AND THE EDUCATING DISTRICT SHALL PROVIDE TO THE DEPARTMENT ALL INFORMATION THE DEPARTMENT REQUIRES TO ENFORCE THIS SECTION.

(3) AS USED IN THIS SECTION, "EDUCATING DISTRICT" MEANS THE DISTRICT IN WHICH A PUPIL ENROLLS AFTER THE PUPIL MEMBERSHIP COUNT DAY AS DESCRIBED IN SUBSECTION (1).".

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

Rep. Raczkowski moved to reconsider the vote by which the House adopted the amendment offered previously by Rep. Stallworth.

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

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

Rep. Raczkowski demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 620 Yeas--48

Baird DeWeese Kilpatrick Richner

Basham Garza LaForge Rison

Bogardus Geiger Lemmons Rivet

Bovin Gieleghem Lockwood Schauer

Brater Godchaux Martinez Schermesser

Brewer Hale Minore Scott

Cherry Hanley O'Neil Stallworth

Clark, I. Hansen Perricone Switalski

Clarke, H. Hardman Price Tesanovich

Daniels Jacobs Prusi Thomas

DeHart Jamnick Quarles Vaughn

Dennis Kelly Reeves Wojno

Nays--62

Allen Garcia Kukuk Sanborn

Birkholz Gilbert LaSata Scranton

Bisbee Gosselin Law Shackleton

Bishop Green Mans Sheltrown

Bradstreet Hager Mead Shulman

Brown, B. Hart Middaugh Spade

Brown, C. Howell Mortimer Stamas

Byl Jansen Neumann Tabor

Callahan Jelinek Pappageorge Toy

Cassis Jellema Patterson Van Woerkom

Caul Johnson, Rick Pestka Vander Roest

DeRossett Johnson, Ruth Pumford Vear

DeVuyst Julian Raczkowski Voorhees

Ehardt Koetje Richardville Woodward

Faunce Kowall Rocca Woronchak

Frank Kuipers

In The Chair: Patterson

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

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

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

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

______

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

The motion prevailed.

By unanimous consent the House returned to the order of

Third Reading of Bills

Senate Bill No. 1044, entitled

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

Roll Call No. 621 Yeas--93

Allen Frank Kowall Richardville

Baird Garcia Kuipers Richner

Basham Geiger Kukuk Rison

Birkholz Gieleghem LaForge Rocca

Bisbee Gilbert LaSata Sanborn

Bishop Godchaux Law Schauer

Bogardus Gosselin Lockwood Schermesser

Bovin Green Mans Scranton

Bradstreet Hager Martinez Shackleton

Brater Hanley Mead Sheltrown

Brewer Hansen Middaugh Shulman

Brown, B. Hart Minore Spade

Brown, C. Howell Mortimer Stamas

Byl Jacobs Neumann Tabor

Callahan Jamnick O'Neil Tesanovich

Cassis Jansen Pappageorge Toy

Caul Jelinek Patterson Van Woerkom

Cherry Jellema Pestka Vander Roest

DeHart Johnson, Rick Price Vear

Dennis Johnson, Ruth Prusi Voorhees

DeRossett Julian Pumford Wojno

DeWeese Kelly Quarles Woodward

Ehardt Koetje Raczkowski Woronchak

Faunce

Nays--15

Clark, I. Hale Reeves Switalski

Clarke, H. Hardman Rivet Thomas

Daniels Kilpatrick Scott Vaughn

Garza Lemmons Stallworth

In The Chair: Patterson

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

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

A bill to amend 1979 PA 94, entitled "An act to make appropriations to aid in the support of the public schools and the intermediate school districts of the state; to make appropriations for certain other purposes relating to education; to provide for the disbursement of the appropriations; to supplement the school aid fund by the levy and collection of certain taxes; to authorize the issuance of certain bonds and provide for the security of those bonds; to prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to prescribe penalties; and to repeal acts and parts of acts," by amending sections 3, 6, 8, 11, 11f, 11g, 17b, 19, 20, 20j, 21b, 24, 25, 26a, 31a, 31d, 32, 39, 40, 41, 51a, 53a, 54, 56, 57, 61a, 62, 63, 67, 68, 74, 81, 91c, 94, 99, 101, 102, 105, 105b, 105c, 107, 147, 151, 152, and 163 (MCL 388.1603, 388.1606, 388.1608, 388.1611, 388.1611f, 388.1611g, 388.1617b, 388.1619, 388.1620, 388.1620j, 388.1621b, 388.1624, 388.1625, 388.1626a, 388.1631a, 388.1631d, 388.1632, 388.1639, 388.1640, 388.1641, 388.1651a, 388.1653a, 388.1654, 388.1656, 388.1657, 388.1661a, 388.1662, 388.1663, 388.1667, 388.1668, 388.1674, 388.1681, 388.1691c, 388.1694, 388.1699, 388.1701, 388.1702, 388.1705, 388.1705b, 388.1705c, 388.1707, 388.1747, 388.1751, 388.1752, and 388.1763), sections 6, 11, 11f, 11g, 17b, 20, 24, 26a, 31a, 41, 51a, 53a, 54, 56, 57, 61a, 62, 63, 67, 68, 74, 81, 94, 99, 101, 105, 107, and 147 as amended and sections 20j, 31d, 32, and 105c as added by 1999 PA 119, sections 3, 25, and 151 as amended by 1997 PA 93, sections 8 and 39 as amended by 1997 PA 142, sections 19, 21b, 102, and 163 as amended by 1996 PA 300, section 40 as amended by 1991 PA 118, section 91c as added by 1995 PA 130, section 105b as added by 1997 PA 24, and section 152 as amended by 1993 PA 175, and by adding sections 11j, 11k, 18b, 18c, 20k, 20l, 22a, 22c, 25b, 32a, 32b, 32c, 32d, 32e, 32f, 32g, 35, 51c, 51d, 84, 94a, 95, 96, 97, 97a, 98, 98a, 98b, 108, and 169c; and to repeal acts and parts of acts.

The motion prevailed.

The House agreed to the title as amended.

______

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

"Mr. Speaker and members of the House:

I voted no on Senate Bill 1044, the School Aid Budget because it fails to fully fund public education in the City of Detroit. There's so much talk about a desire to assist the children in the city to increase MEAP scores and decrease drop out rates, but the Legislature has not kept its promises."

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

"Mr. Speaker and members of the House:

I voted no on SB1044 because we are not addressing the needs of all our students. Yet, we expect the same performance on the MEAP test. Faulty buildings, not equipped for computers. Many language barriers and we are not mandating or fully funding bilingual instructions. However the state wants to take over these schools, as opposed to assisting them where needed."

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

"Mr. Speaker and members of the House:

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

"Mr. Speaker and members of the House:

SB 1044 does not consider the plight of the Detroit Public Schools. This house must meet the needs of all the children and instructors. This bill does not go for enough to accomplish this.

Rep. Rivet, 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:

I voted no on Senate Bill 1044, the School Aid Budget, because it uses a shell game to meet the obligations of the State of pay for special education. Instead of providing the $420 million needed to fully fund special education, the Governor's proposal included in this bill, shifts the funding around and divides it into three 'buckets'. It does NOT provide for any additional funding and cheats children out of their right to an education. In addition, the introduction of the golden apple award demonstrates an unacceptable new direction in educational incentives that deviates from the basic constitutional philosophy that all students in our state deserve a free and equitable education."

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

"Mr. Speaker and members of the House:

I voted no on Senate Bill 1044 because it denied the city of Detroit Public Schools needed resources to provide more equity in education in our state. Instead of providing the $420 million needed to fully fund special education, the Governor's proposal included in this bill, shifts the funding around and divides it into three 'buckets'. It does NOT provide for any additional funding and cheats children out of their right to an education. Therefore, I voted no on Senate Bill 1044."

Rep. Vaughn, 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:

I voted no on this Anti Detroit, Anti public education bill. You should be ashamed. Yes that is true. You should be ashamed because you stole - that's right, outright stole - the Detroit Public Schools. However, in order to smooth over the theft you promised the Detroit Public Schools $15 million plus more funds for the next several years to reduce classroom size, help at risk students and tear down abandoned buildings (many of them state owned) near Detroit public school buildings. These were the 'pork chops' you offered to members of the Legislature if they would join you in stealing the Detroit Public Schools. So strange bed fellows The Governor, The Major of Detroit, Labor unions, some Detroit School Board Members, some teachers and Administrators banded together to take away my right to vote for my school board. Outside of the theft of the $1.5 billion dollar bond issue the Legislature promised the paltry sum of $15 million dollars in additional school aid to the sellouts. Now the legislature has reneged on that promise in this bill. That is why I voted no! This betrayal should send a message to all who would cut an unholy deal with the devil. As the Old Faust Tales and 'The Devil and Daniel Webster' story made clear - If you cut a deal with the devil he always come back to claim your soul! Yes, I voted no and I will continue to vote no until justice is done for the children of Detroit and poor children, especially black children, across this state. Thank you Mr. Speaker."

Rep. Kilpatrick, 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:

Whether we want to admit it or not, the fundamental question presented through Senate Bill 1044 is whether this Legislature will finally submit to the will of the people of Michigan as it has been expressed through the Headlee Amendment.

It is certainly beyond argument that members of this legislature do not look fondly at attempts by anyone let alone the Michigan electorate to reign in or restrict our discretion when it comes to spending the people's tax dollars. You can count members from my side of the aisle among those. However, the Headlee Amendment was a voter-approved ballot initiative adopted in November of 1978, which did precisely that.

Thirty years of avoiding the will of the People of Michigan is enough. How many times are we going to force the judicial branch of this government into the political dilemma of again ruling--for the third or fourth time--that one of our school funding enactments is unconstitutional. How many times will we ask the courts to sanction legislative appropriations which are nothing other than a funding shell game. This is an embarrassment of the highest order.

While it appears that our friends on the other side of the aisle have the votes to continue this charade, I want the record very clear that I have had enough of this Constitutional evasion. This was not an initiative which our party inspired or promoted, but nonetheless I stand prepared at this point in time to submit to the expressed will of the people. I stand prepared today to stop playing games and provide the additional funding necessary to comply with the requirements contained in the Headlee Amendment. Make no mistake, there simply is no additional funding supplied under Senate Bill 1044 to fund the mandated special education services provided by local schools.

I will therefore, vote no on this bill for that reason. I am more than prepared to vote in support of the additional foundation allowance revenues provided through this bill, but I will not be a party to the continuing Constitutional charade contained in this bill. The stain of this violation of law is solely on your hands now."

Rep. Switalski, 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:

The Court of Appeals called the current version of the School Aid Act 'arcane.' I call it incomprehensible. With the changes presently being inserted, involving the Governor's three tier system of funding it can't be understood without the considerable aid of technicians.

This bill uses foundation allowance revenues to fund our Headlee obligation for special education services. This three tier system of funding is simply an arithmetic exercise designed to assure that local schools will have to use their foundation allowance revenues to solely pay for the ever-increasing costs of special education services. No new or additional money whatsoever will pass through to local schools under this Bill in order to make up for the under funding of special education services which the Court of Appeals determined to exist in its October 19, 1999, decision in the Durant II litigation. The State Budget Director expressly verified this fact when the three tier system was introduced on January 28, 2000.

Therefore, while it is claimed by the proponents of this Bill that local schools will receive an increase in funding of 5.3% for next school year, that is only true if you ignore the reality that the unrelenting 9% increases in the year-to-year costs of providing the special education services must be paid for with these purportedly additional funds. I have read the Court of Appeals' October 19, 1999, decision. It is very clear to me that the Court ruled that we cannot, through appropriation legislation, use foundation allowance revenues provided to local schools under Proposal A as a funding resource to meet our Headlee Amendment funding obligations for special education services. I do not know how much clearer the Court of Appeals could have been in announcing that point of law.

Yet, here we go again, we pretend the problem in the current version of the School Aid Act was a lack of more cleverly disguising from the courts our scheme to use foundation allowance monies to meet our Headlee obligation.

I do not care to be a party to this deception. I do not wish to be responsible for adopting legislation which is patently violative of the Michigan Constitution. Let us not embarrass ourselves any further."

Rep. Clarke, 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:

I do not support SB 1044 because it does not properly fund districts' special education costs nor does it sufficiently reduce the inequity in the state's per-pupil foundation allowance grants. The special education funding scheme in this bill does not comply with the state constitution because it continues to use foundation allowance revenue to fund the state's obligation under the Headlee Amendment."

______

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

The motion prevailed.

Rep. Pappageorge moved that Rep. Green be excused temporarily from today's session.

The motion prevailed.

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

The motion prevailed.

Second Reading of Bills

House Bill No. 4631, entitled

A bill to amend 1975 PA 238, entitled "Child protection law," by amending section 3 (MCL 722.623), as amended by 1994 PA 177.

Was read a second time, and the question being on the adoption of the proposed amendment previously recommended by the Committee on Family and Children Services (for amendment, see House Journal No. 44, p. 995),

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

Rep. Jacobs moved to amend the bill as follows:

1. Amend page 4, line 6, after "the" by inserting "CONFIRMED".

2. Amend page 4, line 7, after "a" by striking out "venereal" and inserting "SEXUALLY TRANSMITTED".

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

Rep. Jacobs demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 622 Yeas--101

Allen Frank Kowall Rivet

Baird Garcia Kuipers Rocca

Basham Garza Kukuk Sanborn

Birkholz Gieleghem LaForge Schauer

Bisbee Gilbert LaSata Schermesser

Bishop Godchaux Law Scott

Bogardus Gosselin Lemmons Scranton

Bovin Green Lockwood Shackleton

Bradstreet Hager Martinez Sheltrown

Brater Hale Mead Shulman

Brewer Hanley Middaugh Spade

Brown, B. Hansen Minore Stallworth

Brown, C. Hardman Mortimer Stamas

Byl Hart Neumann Switalski

Callahan Howell O'Neil Tabor

Cassis Jacobs Pappageorge Thomas

Caul Jansen Patterson Toy

Cherry Jelinek Pestka Van Woerkom

Clarke, H. Jellema Price Vander Roest

DeHart Johnson, Rick Prusi Vaughn

Dennis Johnson, Ruth Pumford Vear

DeRossett Julian Raczkowski Voorhees

DeVuyst Kelly Reeves Wojno

DeWeese Kilpatrick Richardville Woodward

Ehardt Koetje Richner Woronchak

Faunce

Nays--0

In The Chair: Patterson

Rep. Hart moved to amend the bill as follows:

1. Amend page 4, line 7, after "than" by striking out "16" and inserting "14".

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

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

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

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

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

______

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

The motion prevailed.

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 4631, entitled

A bill to amend 1975 PA 238, entitled "Child protection law," by amending section 3 (MCL 722.623), as amended by 1994 PA 177.

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

Roll Call No. 623 Yeas--79

Allen Frank LaSata Sanborn

Basham Garcia Law Schauer

Birkholz Gieleghem Lockwood Schermesser

Bisbee Gilbert Mans Shackleton

Bishop Gosselin Mead Sheltrown

Bovin Green Middaugh Shulman

Bradstreet Hager Mortimer Spade

Brown, B. Hart Neumann Stamas

Brown, C. Howell O'Neil Switalski

Byl Jansen Pappageorge Tabor

Callahan Jelinek Patterson Tesanovich

Cassis Jellema Pestka Toy

Caul Johnson, Rick Price Van Woerkom

Cherry Johnson, Ruth Prusi Vander Roest

DeHart Julian Pumford Vear

DeRossett Kelly Raczkowski Voorhees

DeVuyst Koetje Richardville Wojno

DeWeese Kowall Richner Woodward

Ehardt Kuipers Rivet Woronchak

Faunce Kukuk Rocca

Nays--26

Baird Dennis Jacobs Quarles

Bogardus Garza Jamnick Reeves

Brater Godchaux LaForge Rison

Brewer Hale Lemmons Scott

Clark, I. Hanley Martinez Stallworth

Clarke, H. Hansen Minore Vaughn

Daniels Hardman

In The Chair: Patterson

The House agreed to the title of the bill.

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

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

By unanimous consent the House returned to the order of

Reports of Standing Committees

The Speaker laid before the House

House Concurrent Resolution No. 103.

A concurrent resolution to change the scope of the College of Engineering and Applied Sciences project at Western Michigan University.

(For text of resolution, see House Journal No. 50, p. 1329.)

(The concurrent resolution was reported by the Committee on Appropriations, consideration of which was postponed until today under the rules.)

The question being on the adoption of the concurrent resolution,

The concurrent resolution was adopted.

Rep. Bob Brown moved that Rep. Thomas be excused temporarily from today's session.

The motion prevailed.

The Speaker laid before the House

House Concurrent Resolution No. 104.

A concurrent resolution approving the conveyance of property to the State Building Authority and approving a lease among the State of Michigan, the State Building Authority, and Kalamazoo Valley Community College relative to the Kalamazoo Valley Community College Arcadia Commons Campus Phase II.

(For text of resolution, see House Journal No. 50, p. 1329.)

(The concurrent resolution was reported by the Committee on Appropriations, consideration of which was postponed until today under the rules.)

The question being on the adoption of the concurrent resolution,

The Clerk made the following statement:

"Mr. Speaker and members of the House, the lease and exhibits attached to the resolution are available for review by the membership in the Clerk's office."

The question being on the adoption of the concurrent resolution,

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

Roll Call No. 624 Yeas--105

Allen Faunce Koetje Richardville

Baird Frank Kowall Richner

Basham Garcia Kuipers Rivet

Birkholz Garza Kukuk Rocca

Bisbee Gieleghem LaForge Sanborn

Bishop Gilbert LaSata Schauer

Bogardus Godchaux Law Schermesser

Bovin Gosselin Lemmons Scott

Bradstreet Green Lockwood Shackleton

Brater Hager Mans Sheltrown

Brewer Hale Martinez Shulman

Brown, B. Hanley Mead Spade

Brown, C. Hansen Middaugh Stallworth

Byl Hardman Minore Stamas

Callahan Hart Mortimer Switalski

Cassis Howell Neumann Tabor

Caul Jacobs O'Neil Tesanovich

Cherry Jamnick Pappageorge Toy

Clark, I. Jansen Patterson Van Woerkom

Clarke, H. Jelinek Pestka Vander Roest

Daniels Jellema Price Vaughn

DeHart Johnson, Rick Prusi Vear

Dennis Johnson, Ruth Pumford Voorhees

DeRossett Julian Quarles Wojno

DeVuyst Kelly Raczkowski Woodward

DeWeese Kilpatrick Reeves Woronchak

Ehardt

Nays--0

In The Chair: Patterson

The Speaker laid before the House

House Concurrent Resolution No. 105.

A concurrent resolution approving the conveyance of property to the State Building Authority and approving a lease among the State of Michigan, the State Building Authority, and the Community College District of Monroe County relative to the Community College District of Monroe County Business and Technical Center, Library, and Welding and Fastening Project.

(For text of resolution, see House Journal No. 50, p. 1329.)

(The concurrent resolution was reported by the Committee on Appropriations, consideration of which was postponed until today under the rules.)

The question being on the adoption of the concurrent resolution,

The Clerk made the following statement:

"Mr. Speaker and members of the House, the lease and exhibits attached to the resolution are available for review by the membership in the Clerk's office."

The question being on the adoption of the concurrent resolution,

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

Roll Call No. 625 Yeas--105

Allen Frank Kowall Richner

Baird Garcia Kuipers Rison

Basham Garza Kukuk Rivet

Birkholz Gieleghem LaForge Rocca

Bisbee Gilbert LaSata Sanborn

Bishop Godchaux Law Schauer

Bogardus Gosselin Lemmons Schermesser

Bovin Green Lockwood Scott

Bradstreet Hager Mans Shackleton

Brater Hale Martinez Sheltrown

Brewer Hanley Mead Shulman

Brown, B. Hansen Middaugh Spade

Brown, C. Hardman Minore Stallworth

Callahan Hart Mortimer Stamas

Cassis Howell Neumann Switalski

Caul Jacobs O'Neil Tabor

Cherry Jamnick Pappageorge Tesanovich

Clark, I. Jansen Patterson Toy

Clarke, H. Jelinek Pestka Van Woerkom

Daniels Jellema Price Vander Roest

DeHart Johnson, Rick Prusi Vaughn

Dennis Johnson, Ruth Pumford Vear

DeRossett Julian Quarles Voorhees

DeVuyst Kelly Raczkowski Wojno

DeWeese Kilpatrick Reeves Woodward

Ehardt Koetje Richardville Woronchak

Faunce

Nays--0

In The Chair: Patterson

______

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

The motion prevailed.

Rep. Hale moved that Rep. Price be excused temporarily from today's session.

The motion prevailed.

Messages from the Senate

House Bill No. 4427, entitled

A bill to define, develop, and regulate privately owned cervidae as an agricultural enterprise in this state; to provide powers and duties of certain state agencies and departments; and to provide for certain penalties and remedies.

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

The Senate has passed the bill as substituted (S-1) and ordered that it be given immediate effect.

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

Rep. Raczkowski moved that Rule 45 be suspended.

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

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

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

Roll Call No. 626 Yeas--102

Allen Frank Kowall Rivet

Baird Garcia Kuipers Rocca

Basham Garza Kukuk Sanborn

Birkholz Gieleghem LaForge Schauer

Bisbee Gilbert LaSata Schermesser

Bishop Godchaux Law Scott

Bogardus Gosselin Lemmons Shackleton

Bradstreet Green Lockwood Sheltrown

Brater Hager Mans Shulman

Brewer Hale Mead Spade

Brown, B. Hanley Middaugh Stallworth

Brown, C. Hansen Minore Stamas

Callahan Hardman Mortimer Switalski

Cassis Hart Neumann Tabor

Caul Howell O'Neil Tesanovich

Cherry Jacobs Pappageorge Thomas

Clark, I. Jamnick Patterson Toy

Clarke, H. Jansen Pestka Van Woerkom

Daniels Jelinek Prusi Vander Roest

DeHart Jellema Pumford Vaughn

Dennis Johnson, Rick Quarles Vear

DeRossett Johnson, Ruth Raczkowski Voorhees

DeVuyst Julian Reeves Wojno

DeWeese Kelly Richardville Woodward

Ehardt Kilpatrick Richner Woronchak

Faunce Koetje

Nays--0

In The Chair: Patterson

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

Rep. Clark moved that Rep. Lemmons be excused temporarily from today's session.

The motion prevailed.

House Bill No. 4428, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 40103, 41102, and 42702 (MCL 324.40103, 324.41102, and 324.42702), section 40103 as amended by 1999 PA 66 and sections 41102 and 42702 as added by 1995 PA 57; and to repeal acts and parts of acts.

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

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

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

Rep. Raczkowski moved that Rule 45 be suspended.

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

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

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

Roll Call No. 627 Yeas--103

Allen Ehardt Koetje Rison

Baird Faunce Kowall Rivet

Basham Frank Kuipers Rocca

Birkholz Garcia Kukuk Sanborn

Bisbee Garza LaForge Schauer

Bishop Gieleghem LaSata Schermesser

Bogardus Gilbert Law Scott

Bovin Godchaux Lockwood Shackleton

Bradstreet Gosselin Mans Sheltrown

Brater Green Mead Shulman

Brewer Hager Middaugh Spade

Brown, B. Hale Minore Stallworth

Brown, C. Hansen Mortimer Stamas

Byl Hardman Neumann Switalski

Callahan Hart O'Neil Tabor

Cassis Howell Pappageorge Tesanovich

Caul Jacobs Patterson Toy

Cherry Jamnick Pestka Van Woerkom

Clark, I. Jansen Price Vander Roest

Clarke, H. Jelinek Prusi Vaughn

Daniels Jellema Pumford Vear

DeHart Johnson, Rick Quarles Voorhees

Dennis Johnson, Ruth Raczkowski Wojno

DeRossett Julian Reeves Woodward

DeVuyst Kelly Richardville Woronchak

DeWeese Kilpatrick Richner

Nays--0

In The Chair: Patterson

The House agreed to the full title of the bill.

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

The Speaker laid before the House

House Bill No. 5232, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," (MCL 600.101 to 600.9948) by adding section 2955b.

(The bill was received from the Senate on May 23, with substitute (S-1), full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until May 24, see House Journal No. 47, p. 1152.)

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

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

Roll Call No. 628 Yeas--106

Allen Faunce Kuipers Rison

Baird Frank Kukuk Rivet

Basham Garcia LaForge Rocca

Birkholz Garza LaSata Sanborn

Bisbee Gieleghem Law Schauer

Bishop Gilbert Lemmons Schermesser

Bogardus Godchaux Lockwood Scott

Bovin Gosselin Mans Shackleton

Bradstreet Green Martinez Sheltrown

Brater Hager Mead Shulman

Brewer Hale Middaugh Spade

Brown, B. Hansen Minore Stallworth

Brown, C. Hardman Mortimer Stamas

Byl Hart Neumann Switalski

Callahan Howell O'Neil Tabor

Cassis Jacobs Pappageorge Tesanovich

Caul Jamnick Patterson Thomas

Cherry Jansen Pestka Toy

Clark, I. Jelinek Price Van Woerkom

Clarke, H. Jellema Prusi Vander Roest

Daniels Johnson, Rick Pumford Vaughn

DeHart Johnson, Ruth Quarles Vear

Dennis Julian Raczkowski Voorhees

DeRossett Kelly Reeves Wojno

DeVuyst Kilpatrick Richardville Woodward

DeWeese Koetje Richner Woronchak

Ehardt Kowall

Nays--0

In The Chair: Patterson

The House agreed to the full title of the bill.

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

The Speaker laid before the House

House Bill No. 4206, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 628 (MCL 257.628), as amended by 1996 PA 320.

(The bill was received from the Senate on May 30, with amendments, full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 50, p. 1333.)

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

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

Roll Call No. 629 Yeas--105

Allen Faunce Koetje Richner

Baird Frank Kowall Rison

Basham Garcia Kuipers Rocca

Birkholz Garza Kukuk Sanborn

Bisbee Gieleghem LaSata Schauer

Bishop Gilbert Law Schermesser

Bogardus Godchaux Lemmons Scott

Bovin Gosselin Lockwood Shackleton

Bradstreet Green Mans Sheltrown

Brater Hager Martinez Shulman

Brewer Hale Mead Spade

Brown, B. Hanley Middaugh Stallworth

Brown, C. Hansen Minore Stamas

Byl Hardman Mortimer Switalski

Callahan Hart Neumann Tabor

Cassis Howell O'Neil Tesanovich

Caul Jacobs Pappageorge Thomas

Cherry Jamnick Patterson Toy

Clark, I. Jansen Pestka Van Woerkom

Clarke, H. Jelinek Price Vander Roest

Daniels Jellema Prusi Vaughn

DeHart Johnson, Rick Pumford Vear

Dennis Johnson, Ruth Quarles Voorhees

DeRossett Julian Raczkowski Wojno

DeVuyst Kelly Reeves Woodward

DeWeese Kilpatrick Richardville Woronchak

Ehardt

Nays--0

In The Chair: Patterson

The House agreed to the full title of the bill.

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

Second Reading of Bills

House Bill No. 5043, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending section 260 (MCL 206.260), as amended by 1996 PA 484.

(The bill was read a second time, Committee substitute (H-3) offered and bill postponed temporarily on May 30, see House Journal No. 50, p. 1325.)

The question being on the adoption of the proposed substitute (H-3) previously recommended by the Committee on Tax Policy,

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

Rep. Vear moved to amend the bill as follows:

1. Amend page 6, line 7, after "TO" by striking out the balance of the line through "THE" on line 9 and inserting "A PROGRAM REVIEW EACH YEAR AND AN INDEPENDENT FINANCIAL AUDIT EVERY 3 YEARS AND PROVIDES COPIES OF THE REVIEWS AND AUDITS TO THE DEPARTMENT NOT MORE THAN 3 MONTHS AFTER THE REVIEW OR".

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

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

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

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

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

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 5043, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending section 260 (MCL 206.260), as amended by 1996 PA 484.

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

Roll Call No. 630 Yeas--104

Allen Ehardt Kowall Richner

Baird Faunce Kuipers Rison

Basham Frank Kukuk Rivet

Birkholz Garcia LaForge Rocca

Bisbee Garza LaSata Sanborn

Bishop Gieleghem Law Schauer

Bogardus Gilbert Lemmons Schermesser

Bovin Godchaux Lockwood Scott

Bradstreet Gosselin Mans Shackleton

Brater Green Martinez Sheltrown

Brewer Hager Mead Shulman

Brown, B. Hale Middaugh Spade

Brown, C. Hansen Minore Stamas

Byl Hardman Mortimer Switalski

Callahan Hart Neumann Tabor

Cassis Howell O'Neil Tesanovich

Caul Jacobs Pappageorge Thomas

Cherry Jamnick Patterson Toy

Clark, I. Jansen Pestka Van Woerkom

Clarke, H. Jelinek Price Vander Roest

Daniels Jellema Prusi Vaughn

DeHart Johnson, Rick Pumford Vear

Dennis Johnson, Ruth Quarles Voorhees

DeRossett Julian Raczkowski Wojno

DeVuyst Kelly Reeves Woodward

DeWeese Koetje Richardville Woronchak

Nays--0

In The Chair: Patterson

The House agreed to the title of the bill.

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

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

Reps. Basham, Birkholz, Bovin, Cameron Brown, Cassis, Caul, Clarke, DeHart, DeRossett, DeVuyst, DeWeese, Ehardt, Frank, Godchaux, Hager, Hansen, Hardman, Jacobs, Jamnick, Jansen, Ruth Johnson, Julian, Koetje, Kowall, Kuipers, Kukuk, LaSata, Law, Lemmons, Middaugh, Minore, Mortimer, O'Neil, Pappageorge, Patterson, Pestka, Pumford, Richardville, Rivet, Rocca, Sanborn, Schauer, Shackleton, Sheltrown, Shulman, Stallworth, Switalski, Toy, Van Woerkom, Vear, Voorhees and Woronchak were named co-sponsors of the bill.

______

The Speaker Pro Tempore assumed the Chair.

Second Reading of Bills

House Bill No. 5754, entitled

A bill to amend 1965 PA 314, entitled "Public employee retirement system investment act," by amending sections 12b, 12c, 12d, 13, 13a, 14, 16, 17, 19, 20a, 20c, 20d, and 20e (MCL 38.1132b, 38.1132c, 38.1132d, 38.1133, 38.1133a, 38.1134, 38.1136, 38.1137, 38.1139, 38.1140a, 38.1140c, 38.1140d, and 38.1140e), sections 12b, 12c, and 12d as added and sections 13, 14, 16, 17, 19, 20a, 20d, and 20e as amended by 1996 PA 485, section 13a as added by 1998 PA 343, and section 20c as amended by 1997 PA 42; and to repeal acts and parts of acts.

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

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

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

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

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

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

______

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

The motion prevailed.

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 5754, entitled

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

Roll Call No. 631 Yeas--103

Allen Ehardt Kukuk Rivet

Baird Faunce LaForge Rocca

Basham Frank LaSata Sanborn

Birkholz Garcia Law Schauer

Bisbee Garza Lemmons Schermesser

Bishop Gieleghem Lockwood Scott

Bogardus Gilbert Mans Scranton

Bovin Godchaux Martinez Shackleton

Bradstreet Gosselin Mead Sheltrown

Brater Green Middaugh Shulman

Brewer Hager Minore Spade

Brown, B. Hale Mortimer Stallworth

Brown, C. Hardman Neumann Stamas

Byl Howell O'Neil Switalski

Callahan Jacobs Pappageorge Tabor

Cassis Jamnick Patterson Tesanovich

Caul Jansen Pestka Toy

Cherry Jelinek Price Van Woerkom

Clark, I. Jellema Prusi Vander Roest

Clarke, H. Johnson, Rick Pumford Vaughn

Daniels Johnson, Ruth Quarles Vear

DeHart Julian Raczkowski Voorhees

Dennis Kelly Reeves Wojno

DeRossett Koetje Richardville Woodward

DeVuyst Kowall Richner Woronchak

DeWeese Kuipers Rison

Nays--0

In The Chair: Birkholz

The House agreed to the title of the bill.

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

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

Second Reading of Bills

Pending the Second Reading of

House Bill No. 4190, entitled

A bill to require certain consumer reporting agencies to disclose certain information to certain consumers without charge; and to provide for certain remedies and penalties.

Rep. Raczkowski moved that the bill be re-referred to the Committee on Insurance and Financial Services.

The motion prevailed.

Senate Bill No. 734, entitled

A bill to amend 1937 PA 94, entitled "Use tax act," by amending section 4d (MCL 205.94d), as amended by 1992 PA 267.

The bill was read a second time.

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

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

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

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

______

Rep. Vander Roest moved that Reps. Ehardt and Julian be excused temporarily from today's session.

The motion prevailed.

Rep. Thomas moved that Rep. Hale be excused temporarily from today's session.

The motion prevailed.

By unanimous consent the House returned to the order of

Third Reading of Bills

Senate Bill No. 734, entitled

A bill to amend 1937 PA 94, entitled "Use tax act," by amending section 4d (MCL 205.94d), as amended by 1992 PA 267.

The bill was read a third time.

The question being on the passage of the bill,

Rep. Quarles moved that the bill be re-referred to the Committee on Tax Policy.

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

Rep. Quarles demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 632 Yeas--51

Baird Dennis Lockwood Schauer

Basham Frank Mans Schermesser

Bogardus Garza Martinez Scott

Bovin Gieleghem Minore Sheltrown

Brater Hanley Neumann Spade

Brewer Hansen O'Neil Stallworth

Brown, B. Hardman Pestka Switalski

Callahan Jacobs Price Tesanovich

Cherry Jamnick Prusi Thomas

Clark, I. Kelly Quarles Vaughn

Clarke, H. Kilpatrick Reeves Wojno

Daniels LaForge Rison Woodward

DeHart Lemmons Rivet

Nays--55

Allen Gilbert Kowall Rocca

Birkholz Godchaux Kuipers Sanborn

Bisbee Gosselin Kukuk Scranton

Bishop Green LaSata Shackleton

Bradstreet Hager Law Shulman

Brown, C. Hart Mead Stamas

Byl Howell Middaugh Tabor

Cassis Jansen Mortimer Toy

Caul Jelinek Pappageorge Van Woerkom

DeRossett Jellema Patterson Vander Roest

DeVuyst Johnson, Rick Pumford Vear

DeWeese Johnson, Ruth Raczkowski Voorhees

Faunce Julian Richardville Woronchak

Garcia Koetje Richner

In The Chair: Birkholz

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. 633 Yeas--103

Allen Frank Kukuk Rivet

Baird Garcia LaForge Rocca

Basham Garza LaSata Sanborn

Birkholz Gieleghem Law Schauer

Bisbee Gilbert Lemmons Schermesser

Bishop Godchaux Lockwood Scott

Bogardus Gosselin Mans Scranton

Bovin Green Martinez Shackleton

Bradstreet Hager Mead Sheltrown

Brater Hanley Middaugh Shulman

Brewer Hansen Minore Spade

Brown, B. Hardman Mortimer Stamas

Brown, C. Hart Neumann Switalski

Byl Howell O'Neil Tabor

Callahan Jacobs Pappageorge Tesanovich

Cassis Jamnick Patterson Thomas

Caul Jansen Pestka Toy

Clark, I. Jelinek Price Van Woerkom

Clarke, H. Jellema Prusi Vander Roest

Daniels Johnson, Rick Pumford Vaughn

DeHart Johnson, Ruth Quarles Vear

Dennis Kelly Raczkowski Voorhees

DeRossett Kilpatrick Reeves Wojno

DeVuyst Koetje Richardville Woodward

DeWeese Kowall Richner Woronchak

Faunce Kuipers Rison

Nays--0

In The Chair: Birkholz

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

"An act to provide for the levy, assessment and collection of a specific excise tax on the storage, use or consumption in this state of tangible personal property and certain services; to appropriate the proceeds thereof; and to prescribe penalties for violations of the provisions of this act,".

The House agreed to the full title.

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

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

Second Reading of Bills

Senate Bill No. 773, entitled

A bill to amend 1933 PA 167, entitled "General sales tax act," by amending section 4g (MCL 205.54g), as amended by 1999 PA 116.

The bill was read a second time.

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

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

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

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

______

Rep. Kelly moved that Rep. LaForge be excused temporarily from today's session.

The motion prevailed.

By unanimous consent the House returned to the order of

Third Reading of Bills

Senate Bill No. 773, entitled

A bill to amend 1933 PA 167, entitled "General sales tax act," by amending section 4g (MCL 205.54g), as amended by 1999 PA 116.

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

Roll Call No. 634 Yeas--101

Allen Garcia Kuipers Rivet

Baird Garza Kukuk Rocca

Basham Gieleghem LaSata Sanborn

Birkholz Gilbert Law Schauer

Bisbee Godchaux Lemmons Schermesser

Bishop Gosselin Lockwood Scott

Bovin Green Mans Scranton

Bradstreet Hager Martinez Shackleton

Brater Hanley Mead Sheltrown

Brewer Hansen Middaugh Shulman

Brown, B. Hardman Minore Spade

Brown, C. Hart Mortimer Stallworth

Byl Howell Neumann Stamas

Callahan Jacobs O'Neil Switalski

Cassis Jamnick Pappageorge Tabor

Caul Jansen Patterson Tesanovich

Clark, I. Jelinek Pestka Toy

Clarke, H. Jellema Price Van Woerkom

Daniels Johnson, Rick Prusi Vander Roest

DeHart Johnson, Ruth Pumford Vaughn

Dennis Julian Quarles Vear

DeRossett Kelly Raczkowski Voorhees

DeVuyst Kilpatrick Richardville Wojno

DeWeese Koetje Richner Woodward

Ehardt Kowall Rison Woronchak

Faunce

Nays--0

In The Chair: Birkholz

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

"An act to provide for the raising of additional public revenue by prescribing certain specific taxes, fees, and charges to be paid to the state for the privilege of engaging in certain business activities; to provide, incident to the enforcement thereof, for the issuance of licenses to engage in such occupations; to provide for the ascertainment, assessment and collection thereof; to appropriate the proceeds thereof; and to prescribe penalties for violations of the provisions of this act,".

The House agreed to the full title.

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

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

Second Reading of Bills

Senate Bill No. 627, entitled

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

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

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

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

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

______

Rep. Stamas moved that Rep. Jellema be excused temporarily from today's session.

The motion prevailed.

Senate Bill No. 630, entitled

A bill to amend 1937 PA 94, entitled "Use tax act," by amending sections 3a, 4, and 4k (MCL 205.93a, 205.94, and 205.94k), section 3a as amended by 1998 PA 366, section 4 as amended by 1999 PA 117, and section 4k as amended by 1999 PA 70.

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

Rep. Minore moved that the bill be re-referred to the Committee on Tax Policy.

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

Rep. Minore demanded the yeas and nays.

The demand was supported.

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

After debate,

Rep. Shackleton demanded the previous question.

The demand was supported.

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

The previous question was ordered.

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

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

Roll Call No. 635 Yeas--52

Baird Dennis Lemmons Rivet

Basham Frank Lockwood Schauer

Bogardus Garza Mans Schermesser

Bovin Gieleghem Martinez Scott

Brater Hale Minore Sheltrown

Brewer Hanley Neumann Spade

Brown, B. Hansen O'Neil Stallworth

Callahan Hardman Pestka Switalski

Cherry Jacobs Price Tesanovich

Clark, I. Jamnick Prusi Thomas

Clarke, H. Kelly Quarles Vaughn

Daniels Kilpatrick Reeves Wojno

DeHart LaForge Rison Woodward

Nays--54

Allen Gilbert Kuipers Rocca

Birkholz Godchaux Kukuk Sanborn

Bisbee Gosselin LaSata Scranton

Bishop Green Law Shackleton

Bradstreet Hager Mead Shulman

Brown, C. Hart Middaugh Stamas

Cassis Howell Mortimer Tabor

Caul Jansen Pappageorge Toy

DeRossett Jelinek Patterson Van Woerkom

DeVuyst Johnson, Rick Pumford Vander Roest

DeWeese Johnson, Ruth Raczkowski Vear

Ehardt Julian Richardville Voorhees

Faunce Koetje Richner Woronchak

Garcia Kowall

In The Chair: Birkholz

The question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Tax Policy,

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

Rep. Cassis moved to amend the bill as follows:

1. Amend page 9, line 17, after "AIRCRAFT" by striking out "PURCHASED".

2. Amend page 9, line 18, after "BY" by striking out the comma and "OR FOR LEASE TO,".

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

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

The motion prevailed.

By unanimous consent the House returned to the order of

Messages from the Senate

The Speaker laid before the House

House Bill No. 5421, entitled

A bill to designate the part of the bypass of highway US-131 that is located between highway M-115 and Boon road in Wexford county as the "Sidney Ouwinga Memorial Bypass"; and to prescribe the duties of the state transportation department.

(The bill was received from the Senate on May 30, with substitute (S-1), title amendment and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 50, p. 1334.)

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

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

Roll Call No. 636 Yeas--107

Allen Faunce Kowall Rivet

Baird Frank Kuipers Rocca

Basham Garcia Kukuk Sanborn

Birkholz Garza LaForge Schauer

Bisbee Gieleghem LaSata Schermesser

Bishop Gilbert Law Scott

Bogardus Godchaux Lemmons Scranton

Bovin Gosselin Lockwood Shackleton

Bradstreet Green Mans Sheltrown

Brater Hager Martinez Shulman

Brewer Hale Mead Spade

Brown, B. Hanley Middaugh Stallworth

Brown, C. Hansen Minore Stamas

Byl Hardman Mortimer Switalski

Callahan Hart Neumann Tabor

Cassis Howell O'Neil Tesanovich

Caul Jacobs Pappageorge Thomas

Cherry Jamnick Patterson Toy

Clark, I. Jansen Pestka Van Woerkom

Clarke, H. Jelinek Price Vander Roest

Daniels Jellema Prusi Vaughn

DeHart Johnson, Rick Pumford Vear

Dennis Johnson, Ruth Quarles Voorhees

DeRossett Julian Raczkowski Wojno

DeVuyst Kelly Reeves Woodward

DeWeese Kilpatrick Richardville Woronchak

Ehardt Koetje Richner

Nays--0

In The Chair: Birkholz

The House agreed to the title as amended.

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

______

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

Second Reading of Bills

Senate Bill No. 1187, entitled

A bill to amend 1975 PA 238, entitled "Child protection law," by amending section 8 (MCL 722.628), as amended by 2000 PA 45.

The bill was read a second time.

Rep. Jacobs moved to amend the bill as follows:

1. Amend page 7, line 16, after "REQUIREMENT." by inserting "THIS SUBSECTION DOES NOT APPLY TO CIRCUMSTANCES THAT ARISE ON OR AFTER THE DATE THAT CHAPTER XII OF THE PROBATE CODE OF 1939, 1939 PA 288, MCL 712.1 TO 712.20, IS REPEALED.".

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

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

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

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

"Mr. Speaker and members of the House:

I was absent from the Chamber when the vote was taken on Roll Call No. 621. Had I been present, I would have voted 'yea'."

By unanimous consent the House returned to the order of

Motions and Resolutions

Reps. Scott, Spade, Daniels, Switalski, Lemmons, Frank, Hardman, Neumann, Vaughn, Schauer, Vear, Kelly, Quarles, Jacobs, Martinez, Hager, Pappageorge, LaForge, Julian, Voorhees, DeHart, Vander Roest, Dennis, Woodward, Tesanovich, Bovin, Schermesser, Baird, Hanley, Price, Rocca, Ehardt, Rison, Hansen, Minore, Kukuk, Scranton, Gieleghem, Faunce, Toy, Jansen, Birkholz, Lockwood, Hale, Prusi, Rivet, Brater, Garcia, Clark, Jamnick, DeRossett, Reeves, Clarke, Allen and Thomas offered the following resolution:

House Resolution No. 360.

A resolution honoring Highland Park Community High School's Parli Bears.

Whereas, It is with great pleasure we commend the students, coaches, and parents of Highland Park Community High School upon its selection to receive special runner-up honors in the Business Professionals of America Student Parliamentary Procedure Contest. This recognition is a well-earned milestone symbolic of innovation, planning, and the personal commitment of many people who share the belief that education is one of the greatest gifts we can give our children; and

Whereas, Attaining the level of excellence reflected at Highland Park Community High School is attributed to a unity of purpose that brings together all the elements of a successful learning environment. By using a team approach, The Parli Bears won this contest in 1998 and 1999, and this year finished in second place. We are proud of their total accomplishments. The Parli Bears won the school's 17th state championship in 22 years, 10 national parli-pro titles, and finished as U.S. runner-up six times. They will be able to deal effectively with the wide range of influences necessary to prepare our young people for the challenges of tomorrow; and

Whereas, Superintendent Beulah Mitchell, Ed.D and all the good parents of Highland Park Community High School realize that a key part of achieving great results is by expecting great results, and students have proven this theory by accepting nothing less than their best. Clearly, the fortunate students at Highland Park Community High School are well along the path to quality education; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body congratulate the students, coaches, and parents of Highland Park Community High School as they receive honors as runner-up in the Business Professionals of America Student Parliamentary Procedure Contest. We look forward to the continuation of this excellent record; and be it further

Resolved, That a copy of this resolution be transmitted to Highland Park Community High School as a token of our esteem.

Pending the reference of the resolution to a committee,

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

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

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. Richardville, Tabor, Bishop, Mead, Spade, Switalski, Kuipers, Cassis, Lemmons, Frank, Hardman, Neumann, Vaughn, Vear, Scott, Kelly, Jacobs, LaSata, Hager, Pappageorge, Julian, Voorhees, DeHart, Vander Roest, Koetje, Tesanovich, Bovin, Schermesser, Rocca, Raczkowski, Ehardt, Rison, Howell, Gosselin, Kukuk, Scranton, Gieleghem, Sheltrown, Faunce, Toy, Jansen, Birkholz, Lockwood, Hale, Prusi, Middaugh, Brater, Garcia, Shulman, Jamnick, DeRossett, Clarke, Allen and Shackleton offered the following resolution:

House Resolution No. 361.

A resolution designating August 16 as National Airborne Day.

Whereas, It is a pleasure to salute our nation's paratroopers and air assault troops for the sacrifices they have made, with some even paying the ultimate price; and

Whereas, On August 16, 1940, the first official military parachute jump was completed by the Parachute Test Platoon, which led to the formation of the legendary volunteer airborne forces, including the 11th, 13th, 17th, 82nd, and 101st Airborne Divisions, that have seen service in World War II, the Korean War, the Vietnam War, and other conflicts throughout the world; and

Whereas, During the last sixty years, paratroopers, glider, and air assault troops wearing the "Silver Wings of Courage" have distinguished themselves in battle by making 93 combat jumps, thus earning 68 Congressional Medals of Honor and hundreds of other awards for valor and the respect of the citizens of the United States and foes around the world; and

Whereas, The courage displayed by these men in order to protect our freedom, their willingness to serve when called, and their commitment to the values this nation embraces, have certainly endeared these men to the hearts of all; now, therefore, be it

Resolved by the House of Representatives, That we designate August 16 as National Airborne Day as evidence of support and respect for all paratroopers and air assault troops who serve or have served in the United States Armed Forces; and be it

Resolved, That a copy of the resolution be transmitted to the 82nd Airborne Division Association as a token of our highest esteem.

Pending the reference of the resolution to a committee,

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

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

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. Neumann, Mead, Spade, Daniels, Switalski, Lemmons, Frank, Hardman, Vaughn, Schauer, Vear, Scott, Kelly, Quarles, Jacobs, Martinez, LaSata, Jellema, Hager, Pappageorge, LaForge, Julian, Voorhees, DeHart, Vander Roest, Dennis, Woodward, Tesanovich, Bovin, Schermesser, Richardville, Baird, Hanley, Price, Rocca, Raczkowski, Ehardt, Rison, Hansen, Howell, Minore, Scranton, Gieleghem, Sheltrown, Faunce, Jansen, Birkholz, Lockwood, Hale, Prusi, Rivet, Middaugh, Brater, Garcia, Shulman, Jamnick, DeRossett, Clarke, Callahan, Garza, Allen, Shackleton and Thomas offered the following resolution:

House Resolution No. 362.

A resolution designating May 14-20, 2000, as Emergency Medical Services Week.

Whereas, Emergency medical services are a vital public service. The members of emergency medical services teams are ready to provide lifesaving care to those in need 24 hours a day, seven days a week; and

Whereas, Access to quality emergency care dramatically improves the survival and recovery rate of those who experience sudden illness or injury; and

Whereas, Emergency medical services providers have traditionally served as the safety net of America's health care system. Emergency medical services teams consist of emergency physicians, emergency nurses, emergency medical technicians, paramedics, firefighters, educators, administrators, and others. Approximately two-thirds of all emergency medical services providers are volunteers; and

Whereas, The members of emergency medical services teams, whether career or volunteer, engage in thousands of hours of specialized training and continuing education to enhance their lifesaving skills; and

Whereas, Americans benefit daily from the knowledge and skills of these highly trained individuals; and

Whereas, It is appropriate to recognize the value and the accomplishments of emergency medical services providers by designating Emergency Medical Services Week; and

Whereas, Injury prevention and the appropriate use of the EMS system will help reduce national health care costs; now, therefore, be it

Resolved by the House of Representatives, That we commemorate the week of May 14-20, 2000, as Emergency Medical Services Week, and encourage the community to observe this week with appropriate programs, ceremonies, and activities.

Pending the reference of the resolution to a committee,

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

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

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. Thomas, Bishop, Spade, Daniels, Switalski, Cassis, Lemmons, Frank, Hardman, Neumann, Vaughn, Schauer, Vear, Scott, Kelly, Quarles, Jacobs, Martinez, LaSata, Jellema, Hager, Pappageorge, LaForge, Julian, Voorhees, DeHart, Vander Roest, Wojno, Dennis, Woodward, Tesanovich, Bovin, Schermesser, Richardville, Baird, Hanley, Price, Rocca, Raczkowski, Ehardt, Rison, Hansen, Minore, Kukuk, Scranton, Gieleghem, Sheltrown, Faunce, Toy, Jansen, Birkholz, Lockwood, Hale, Prusi, Rivet, Middaugh, Brater, Garcia, Shulman, Clark, Jamnick, DeRossett, Clarke, Callahan, Garza and Shackleton offered the following resolution:

House Resolution No. 363.

A resolution to commemorate June 10, 2000, as Childhood Cancer Survivors' Day.

Whereas, Today over 200,000 Americans are survivors of childhood cancer thanks to advances in early cancer detection, treatment, and research; and

Whereas, Children's Hospital of Michigan, the oldest and largest hospital caring for the children of Michigan, has an active, productive cancer survivor population, demonstrating that a cancer diagnosis is no longer an automatic death sentence; and

Whereas, Communities all across America will be celebrating life Saturday, June 10, as part of the world's largest cancer survivor event, the 13th annual National Cancer Survivors' Day; now, therefore, be it

Resolved by the House of Representatives, That June 10, 2000, be commemorated as Childhood Cancer Survivors' Day in the State of Michigan and we urge all citizens to join in this joyous celebration of life; and be it further

Resolved, That a copy of this resolution be transmitted to Children's Hospital of Michigan as evidence of our support for their endeavors.

Pending the reference of the resolution to a committee,

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

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

The question being on the adoption of the resolution,

The resolution was adopted.

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, Thursday, May 25:

Senate Bill No. 1291

The Clerk announced that the following bill had been printed and placed upon the files of the members, Friday, May26:

Senate Bill No. 1290

The Clerk announced that the following bills had been printed and placed upon the files of the members, Wednesday, May 31:

House Bill Nos. 5848 5849 5850 5851 5852 5853 5854 5855 5856 5857 5858 5859 5860 5861

5862 5863

The Clerk announced that the following Senate bills had been received on Wednesday, May 31:

Senate Bill Nos. 651 772 806 911 1184 1205 1264 1265 1266 1274

By unanimous consent the House returned to the order of

Reports of Standing Committees

The Committee on Senior Health, Security and Retirement, by Rep. Vander Roest, Chair, reported

House Bill No. 5844, entitled

A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding section 21723.

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

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

Favorable Roll Call

HB 5844 To Report Out:

Yeas: Reps. Vander Roest, Voorhees, Cassis, Faunce, Tabor, Woronchak, DeHart, Bovin, Spade,

Nays: None.

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Vander Roest, Chair of the Committee on Senior Health, Security and Retirement, was received and read:

Meeting held on: Wednesday, May 31, 2000, at 9:00 a.m.,

Present: Reps. Vander Roest, Voorhees, Cassis, Faunce, Tabor, Woronchak, DeHart, Bovin, Spade,

Absent: Reps. Rocca, Hardman,

Excused: Reps. Rocca, Hardman.

The Committee on Transportation, by Rep. Rick Johnson, Chair, reported

House Bill No. 5554, entitled

A bill to amend 1981 PA 118, entitled "An act to regulate motor vehicle manufacturers, distributors, wholesalers, dealers, and their representatives; to regulate dealings between manufacturers and distributors or wholesalers and their dealers; to regulate dealings between manufacturers, distributors, wholesalers, dealers, and consumers; to prohibit unfair practices; to provide remedies and penalties; and to repeal certain acts and parts of acts," by amending sections 4 and 14 (MCL 445.1564 and 445.1574), section 14 as amended by 1998 PA 456.

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 5554 To Report Out:

Yeas: Reps. Rick Johnson, Gilbert, Hart, Middaugh, Patterson, Kilpatrick, Bovin, Brewer, Jamnick, Lemmons,

Nays: None.

The Committee on Transportation, by Rep. Rick Johnson, Chair, reported

Senate Bill No. 1197, entitled

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

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

Favorable Roll Call

SB 1197 To Report Out:

Yeas: Reps. Rick Johnson, Gilbert, Hart, Middaugh, Patterson, Kilpatrick, Bovin, Brewer, Jamnick, Lemmons,

Nays: None.

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Rick Johnson, Chair of the Committee on Transportation, was received and read:

Meeting held on: Wednesday, May 31, 2000, at 8:00 a.m.,

Present: Reps. Rick Johnson, Gilbert, Hart, Middaugh, Patterson, Tabor, Kilpatrick, Bovin, Brewer, Jamnick, Lemmons, Schermesser,

Absent: Reps. DeVuyst, Garcia, Ruth Johnson, Shackleton, Reeves,

Excused: Reps. DeVuyst, Garcia, Ruth Johnson, Shackleton, Reeves.

The Committee on Energy and Technology, by Rep. Middaugh, Chair, reported

Senate Bill No. 937, entitled

A bill to amend 1939 PA 3, entitled "An act to provide for the regulation and control of public utilities and other services affected with a public interest within this state; to create a public service commission and to prescribe and define its powers and duties; to abolish the Michigan public utilities commission and to confer the powers and duties vested by law therein on the public service commission; to provide for the continuance, transfer, and completion of certain matters and proceedings; to abolish automatic adjustment clauses; to prohibit rate increases without notice and hearing; to qualify residential energy conservation programs permitted under state law for certain federal exemption; to provide for a restructuring of rates for certain utilities; to encourage the utilization of resource recovery facilities; to provide for appeals; to provide appropriations; to declare the effect of this act; to prescribe penalties; and to repeal all acts contrary to this act," by amending section 6l (MCL 460.6l), as added by 1982 PA 304, and by adding sections 10, 10a, 10b, 10c, 10d, 10e, 10f, 10g, 10p, 10q, 10r, 10s, 10t, 10v, 10w, 10x, 10y, and 10aa.

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

1. Amend page 1, line 1, after "THROUGH" by striking out "10G" and inserting "10BB".

2. Amend page 2, line 1, after "THROUGH" by striking out "10W" and inserting "10BB".

3. Amend page 2, following line 17, by inserting:

"(3) SUBSECTION (2) DOES NOT APPLY AFTER DECEMBER 31, 2003.".

4. Amend page 2, line 21, after "COSTS" by inserting "AND IMPLEMENTATION COSTS".

5. Amend page 3, line 5, after "APPLICABLE" by inserting "USERS, SALES, AND".

6. Amend page 3, line 7, after "ACT." by striking out the balance of the line through "2003." on line 8.

7. Amend page 3, line 20, after "THROUGH" by striking out "10W" and inserting "10BB".

8. Amend page 3, line 27, after "COMMISSION." by inserting "AN ELECTRIC UTILITY THAT HAS NOT HAD VOLUNTARY COMMITMENTS TO PROVIDE CUSTOMER CHOICE PREVIOUSLY APPROVED BY ORDERS OF THE COMMISSION SHALL FILE A RESTRUCTURING PLAN TO ALLOW CUSTOMERS TO CHOOSE AN ALTERNATIVE ELECTRIC SUPPLIER NO LATER THAN THE DATE ORDERED BY THE COMMISSION. THE PLAN SHALL PROPOSE A METHODOLOGY TO DETERMINE THE ELECTRIC UTILITY'S NET STRANDED COSTS AND IMPLEMENTATION COSTS.".

9. Amend page 5, line 21, after "EITHER" by striking out the comma and inserting "1 OF THE FOLLOWING:

(i)".

10. Amend page 5, line 25, after "PERIOD" by striking out "OR CAPABLE" and inserting a period and:

"(ii) CAPABLE".

11. Amend page 6, line 10, after "ACT" by striking out the period and inserting a comma.

12. Amend page 6, following line 10, subsection (12), after "(12)" by striking out "THE RATES FOR RESIDENTIAL CUSTOMERS THAT REMAIN WITH OR WITH" and inserting "AFTER THE TIME PERIOD DESCRIBED IN SECTION 10D(2), THE RATES FOR RETAIL CUSTOMERS THAT REMAIN WITH OR".

13. Amend page 6, following line 14, subsection (2), after "SERVICES." by inserting "NO EARLIER THAN 1 YEAR FROM THE EFFECTIVE DATE OF THE AMENDATORY ACT THAT ADDED THIS SECTION, THE COMMISSION MAY ORDER THE UNBUNDLING OF EXISTING RESIDENTIAL RATE SCHEDULES. THE COMMISSION MAY ALLOW THE UNBUNDLED RATES TO BE EXPRESSED ON RESIDENTIAL BILLINGS IN TERMS OF PERCENTAGES IN ORDER TO SIMPLIFY RESIDENTIAL BILLING.".

14. Amend page 6, line 24, after "SUBSECTION" by striking out "(4)" and inserting "(5)".

15. Amend page 7, line 9, after "SEC. 10C." by inserting "(1) EXCEPT FOR A VIOLATION UNDER SECTION 10A(3) AND AS OTHERWISE PROVIDED UNDER THIS SECTION,".

16. Amend page 7, line 12, after "SECTIONS" by striking out the balance of the line through "10W" on line 13 and inserting "10 THROUGH 10BB".

17. Amend page 8, following line 3, by inserting:

"(2) UPON A COMPLAINT OR THE COMMISSION'S OWN MOTION, THE COMMISSION MAY CONDUCT A CONTESTED CASE TO REVIEW ALLEGATIONS OF A VIOLATION UNDER SECTION 10A(3).

(3) IF THE COMMISSION FINDS THAT A PERSON HAS VIOLATED SECTION 10A(3), THE COMMISSION SHALL ORDER REMEDIES AND PENALTIES TO PROTECT CUSTOMERS AND OTHER PERSONS WHO HAVE SUFFERED DAMAGES AS A RESULT OF THE VIOLATION, INCLUDING, BUT NOT LIMITED TO, 1 OR MORE OF THE FOLLOWING:

(A) ORDER THE PERSON TO PAY A FINE FOR THE FIRST OFFENSE OF NOT LESS THAN $20,000.00 OR MORE THAN $30,000.00. FOR A SECOND AND ANY SUBSEQUENT OFFENSE, THE COMMISSION SHALL ORDER THE PERSON TO PAY A FINE OF NOT LESS THAN $30,000.00 OR MORE THAN $50,000.00. IF THE COMMISSION FINDS THAT THE SECOND OR ANY OF THE SUBSEQUENT OFFENSES WERE KNOWINGLY MADE IN VIOLATION OF SECTION 10A(3), THE COMMISSION SHALL ORDER THE PERSON TO PAY A FINE OF NOT MORE THAN $70,000.00. EACH UNAUTHORIZED ACTION MADE IN VIOLATION OF SECTION 10A(3) SHALL BE A SEPARATE OFFENSE UNDER THIS SUBDIVISION.

(B) ORDER AN UNAUTHORIZED SUPPLIER TO REFUND TO THE CUSTOMER ANY AMOUNT GREATER THAN THE CUSTOMER WOULD HAVE PAID TO AN AUTHORIZED SUPPLIER.

(C) ORDER AN UNAUTHORIZED SUPPLIER TO REIMBURSE AN AUTHORIZED SUPPLIER AN AMOUNT EQUAL TO THE AMOUNT PAID BY THE CUSTOMER THAT SHOULD HAVE BEEN PAID TO THE AUTHORIZED SUPPLIER.

(D) ORDER THE REFUND OF ANY AMOUNTS PAID BY THE CUSTOMER FOR UNAUTHORIZED SERVICES.

(E) ORDER A PORTION BETWEEN 10% TO 50% OF THE FINE ORDERED UNDER SUBDIVISION (A) BE PAID DIRECTLY TO THE CUSTOMER WHO SUFFERED THE VIOLATION UNDER SECTION 10A(3).

(F) IF THE PERSON IS LICENSED UNDER THIS ACT, REVOKE THE LICENSE IF THE COMMISSION FINDS A PATTERN OF VIOLATIONS OF SECTION 10A(3).

(G) ISSUE CEASE AND DESIST ORDERS.

(4) NOTWITHSTANDING SUBSECTION (3), A FINE SHALL NOT BE IMPOSED FOR A VIOLATION OF SECTION 10A(3) IF THE SUPPLIER HAS OTHERWISE FULLY COMPLIED WITH SECTION 10A(3) AND SHOWS THAT THE VIOLATION WAS AN UNINTENTIONAL AND BONA FIDE ERROR WHICH OCCURRED NOTWITHSTANDING THE MAINTENANCE OF PROCEDURES REASONABLY ADOPTED TO AVOID THE ERROR. EXAMPLES OF A BONA FIDE ERROR INCLUDE CLERICAL, CALCULATION, COMPUTER MALFUNCTION, PROGRAMMING, OR PRINTING ERRORS. AN ERROR IN LEGAL JUDGMENT WITH RESPECT TO A SUPPLIER'S OBLIGATIONS UNDER SECTION 10A(3) IS NOT A BONA FIDE ERROR. THE BURDEN OF PROVING THAT A VIOLATION WAS AN UNINTENTIONAL AND BONA FIDE ERROR IS ON THE SUPPLIER.

(5) IF THE COMMISSION FINDS THAT A PARTY'S POSITION IN A COMPLAINT FILED UNDER SUBSECTION (2) IS FRIVOLOUS, THE COMMISSION SHALL AWARD TO THE PREVAILING PARTY THEIR COSTS, INCLUDING REASONABLE ATTORNEY FEES, AGAINST THE NONPREVAILING PARTY AND THEIR ATTORNEY.".

18. Amend page 8, line 19, after "EXPANSION" by inserting "PROVIDED FOR IN THE PLAN".

19. Amend page 8, line 20, after the first "RATES" by striking out "OF AN ELECTRIC UTILITY WITH 1,000,000 OR MORE RETAIL CUSTOMERS OF" and inserting "FOR".

20. Amend page 8, line 20, after "MANUFACTURING CUSTOMERS" by inserting "OF AN ELECTRIC UTILITY WITH 1,000,000 OR MORE RETAIL CUSTOMERS".

21. Amend page 8, line 21, after "2006" by inserting "ABOVE THE RATES ESTABLISHED UNDER SUBSECTION (1)".

22. Amend page 8, line 22, after "ON" by striking out the balance of the line through "PRUDENT" on line 23.

23. Amend page 9, line 1, after "RECOVERY" by striking out the balance of the line through "UPON" on line 2 and inserting a period and "AFTER NOTICE AND HEARING, THE COMMISSION SHALL DETERMINE THE AMOUNT OF REASONABLE AND PRUDENT COSTS, IF ANY, TO BE RECOVERED AND THE RECOVERY PERIOD, WHICH SHALL NOT EXCEED 5 YEARS, AND SHALL NOT COMMENCE UNTIL AFTER THE".

24. Amend page 9, line 9, after "SUBSECTION (1)." by inserting "THE FINANCING ORDER MAY PROVIDE THAT A UTILITY SHALL ONLY ISSUE SECURITIZATION BONDS IN AN AMOUNT EQUAL TO OR LESS THAN REQUESTED BY THE UTILITY, BUT THE COMMISSION SHALL NOT PRECLUDE THE ISSUANCE OF AN AMOUNT OF SECURITIZATION BONDS SUFFICIENT TO FUND THE RATE REDUCTION REQUIRED UNDER SECTION 10D (1).".

25. Amend page 9, following line 14, by striking out all of subsection (7) and inserting:

"(7) UNTIL THE END OF THE PERIOD DESCRIBED IN SUBSECTION (2), THE COMMISSION SHALL NOT AUTHORIZE ANY FEES OR CHARGES THAT WILL CAUSE THE RESIDENTIAL RATE REDUCTION REQUIRED UNDER SUBSECTION (1) TO BE LESS THAN 5%.".

26. Amend page 9, following line 14, following subsection (7), by inserting:

"(8) IF AN ELECTRIC UTILITY SERVING LESS THAN 1,000,000 RETAIL CUSTOMERS IN THIS STATE AS OF MAY 1, 2000 ISSUES SECURITIZATION BONDS AS ALLOWED UNDER THIS ACT, IT SHALL HAVE THE SAME RIGHTS, DUTIES, AND OBLIGATIONS UNDER THIS SECTION AS AN ELECTRIC UTILITY SERVING 1,000,000 OR MORE RETAIL CUSTOMERS IN THIS STATE AS OF MAY 1, 2000.".

27. Amend page 9, line 26, by striking out all of subsection (2) and inserting:

"(2) A MERCHANT PLANT MAY SELL ITS CAPACITY TO ALTERNATIVE ELECTRIC SUPPLIERS, ELECTRIC UTILITIES, MUNICIPAL ELECTRIC UTILITIES, RETAIL CUSTOMERS, OR OTHER PERSONS. A MERCHANT PLANT MAKING SALES TO RETAIL CUSTOMERS IS AN ALTERNATIVE ELECTRIC SUPPLIER AND SHALL OBTAIN A LICENSE UNDER SECTION 10A(2).

(3) THE COMMISSION SHALL ESTABLISH STANDARDS FOR THE INTERCONNECTION OF MERCHANT PLANTS WITH THE TRANSMISSION AND DISTRIBUTION SYSTEMS OF ELECTRIC UTILITIES. THE STANDARDS SHALL NOT REQUIRE AN ELECTRIC UTILITY TO INTERCONNECT WITH GENERATING FACILITIES WITH A CAPACITY OF LESS THAN 100 KILOWATTS FOR PARALLEL OPERATIONS. THE STANDARDS SHALL BE CONSISTENT WITH GENERALLY ACCEPTED INDUSTRY PRACTICES AND GUIDELINES AND SHALL BE ESTABLISHED TO ENSURE THE RELIABILITY OF ELECTRIC SERVICE AND THE SAFETY OF CUSTOMERS, UTILITY EMPLOYEES, AND THE GENERAL PUBLIC. THE MERCHANT PLANT WILL BE RESPONSIBLE FOR ALL COSTS ASSOCIATED WITH THE INTERCONNECTION UNLESS THE COMMISSION HAS OTHERWISE ALLOCATED THE COSTS AND PROVIDED FOR COST RECOVERY.

(4) THIS SECTION DOES NOT APPLY TO INTERCONNECTIONS OR TRANSACTIONS THAT ARE SUBJECT TO THE JURISDICTION OF THE FEDERAL ENERGY REGULATORY COMMISSION.".

28. Amend page 11, line 24, after "THROUGH" by striking out "10W" and inserting "10BB".

29. Amend page 12, line 2, after "STATE." by striking out the balance of the line.

30. Amend page 12, line 9, after "THAN" by striking out "10 MEGAWATTS" and inserting "100 KILOWATTS".

31. Amend page 12, line 11, after the first "UTILITY" by striking out "OR AN AFFILIATE OF AN ELECTRIC UTILITY".

32. Amend page 12, following line 16, section 10P(5), after "EXPERIENCE." by inserting "THE COMMISSION SHALL ALSO INCLUDE PROVISIONS TO UPGRADE THE SERVICE QUALITY OF DISTRIBUTION CIRCUITS THAT HISTORICALLY HAVE EXPERIENCED SIGNIFICANTLY BELOW-AVERAGE PERFORMANCE IN RELATIONSHIP TO SIMILAR DISTRIBUTION CIRCUITS.".

33. Amend page 12, following line 16, following section 10Q(2)(B), by inserting:

"(3) THE COMMISSION SHALL ORDER THE APPLICANT TO POST A BOND OR PROVIDE A LETTER OF CREDIT OR OTHER FINANCIAL GUARANTEE IN A REASONABLE AMOUNT ESTABLISHED BY THE COMMISSION OF NOT LESS THAN $40,000.00, IF THE COMMISSION FINDS AFTER AN INVESTIGATION AND REVIEW THAT THE REQUIREMENT OF A BOND WOULD BE IN THE PUBLIC INTEREST." and renumbering the remaining subsection.

34. Amend page 12, following line 16, section 10Q(3), after the second "THIS" by striking out "PROVISION" and inserting "SUBSECTION".

35. Amend page 12, following line 16, section 10R(3), after "INSERT" by striking out "OR" and inserting a comma.

36. Amend page 12, following line 16, section 10R(3), after "CONTRACTS," by inserting "OR, FOR COOPERATIVES, PERIODICALS ISSUED BY AN ASSOCIATION OF RURAL ELECTRIC COOPERATIVES,".

37. Amend page 12, following line 16, section 10R(3)(B), after "HOUR," by striking out "OF HIGH-LEVEL NUCLEAR WASTE GENERATED,".

38. Amend page 12, following line 16, following section 10R(3)(B), by inserting:

"(C) THE AVERAGE OF THE HIGH-LEVEL NUCLEAR WASTE GENERATED IN POUNDS PER MEGAWATT HOUR." and relettering the remaining subdivision.

39. Amend page 12, following line 16, section 10R(3)(C), after "(3)(A)" by striking out "AND (B)" and inserting a comma and "(B), AND (C)".

40. Amend page 12, following line 16, section 10T(4), after "(4)" by striking out "A REGULATED SERVICE PROVIDER" and inserting "AN ELECTRIC UTILITY".

41. Amend page 12, following line 16, section 10T(4), after the third "TO" by striking out "A COMPETITIVE" and inserting "AN ALTERNATIVE".

42. Amend page 12, following line 16, following section 10T, by inserting:

"SEC. 10U. THE COMMISSION SHALL FILE A REPORT WITH THE GOVERNOR AND LEGISLATURE BY FEBRUARY 1 OF EACH YEAR THAT SHALL INCLUDE ALL OF THE FOLLOWING:

(A) THE STATUS OF COMPETITION FOR THE SUPPLYING OF ELECTRICITY IN THIS STATE.

(B) RECOMMENDATIONS FOR LEGISLATION, IF ANY.

(C) ACTIONS TAKEN BY THE COMMISSION TO IMPLEMENT MEASURES NECESSARY TO PROTECT CONSUMERS FROM UNFAIR OR DECEPTIVE BUSINESS PRACTICES BY UTILITIES, ALTERNATIVE ELECTRIC SUPPLIERS, AND OTHER MARKET PARTICIPANTS.

(D) INFORMATION REGARDING CONSUMER EDUCATION PROGRAMS, APPROVED BY THE COMMISSION, TO INFORM CONSUMERS OF ALL RELEVANT INFORMATION REGARDING THE PURCHASE OF ELECTRICITY AND RELATED SERVICES FROM ALTERNATIVE ELECTRIC SUPPLIERS.".

43. Amend page 13, line 17, after "PLAN." by inserting "IF AN ELECTRIC UTILITY OR ITS AFFILIATE IS SUBSEQUENTLY GRANTED COST RECOVERY, THEN THE OBLIGATION TO IMPLEMENT THE ORIGINAL JOINT PLAN IS REQUIRED.".

44. Amend page 13, line 20, after "SECTION." by striking out the balance of the subsection.

45. Amend page 14, following line 15, section 10X(1), after "2005" by inserting a comma and "NOR UNBUNDLE ITS RATES AS REQUIRED UNDER SECTION 10B BEFORE JULY 1, 2004".

46. Amend page 14, following line 15, section 10X(2), after "UTILITY" by inserting "OR AN INDEPENDENT INVESTOR-OWNED UTILITY WITH FEWER THAN 60 EMPLOYEES".

47. Amend page 14, following line 15, section 10X, following subsection (4), by inserting:

"(5) A COOPERATIVE ELECTRIC UTILITY SHALL NOT BE REQUIRED TO PROVIDE FUNDING UNDER SECTION 10R(2) UNTIL JULY 1, 2004 OR SUCH TIME AS IT IS PROVIDING CHOICE TO ALL OF ITS RETAIL CUSTOMERS, WHICHEVER IS EARLIER.".

48. Amend page 14, following line 15, section 10Y(4)(B), after the second "UTILITY" by striking out "PROVIDER".

49. Amend page 14, following line 15, section 10Y(4)(C), after the third "UTILITY" by inserting "HAS".

50. Amend page 14, following line 15, section 10Y(14), by striking out all of subsection (14) and inserting:

"(14) EXCEPT AS OTHERWISE PROVIDED UNDER SUBSECTIONS (4)(C), (4)(E), AND (10), SECTIONS 6l, 10 THROUGH 10X, AND 10Z THROUGH 10BB DO NOT APPLY TO A MUNICIPALLY OWNED UTILITY.".

51. Amend page 14, following line 15, following section 10Y(15), by inserting:

"(16) IN THE EVENT THAT AN ENTITY PURCHASES 1 OR MORE DIVISIONS OR BUSINESS UNITS, OR GENERATING STATIONS OR GENERATING UNITS, OF A MUNICIPAL ELECTRIC UTILITY, THE ACQUIRING ENTITY'S CONTRACT AND AGREEMENTS WITH THE SELLING MUNICIPALITY SHALL REQUIRE ALL OF THE FOLLOWING FOR A PERIOD OF AT LEAST 30 MONTHS:

(A) THAT THE ACQUIRING ENTITY OR PERSONS HIRES A SUFFICIENT NUMBER OF EMPLOYEES TO SAFELY AND RELIABLY OPERATE AND MAINTAIN THE STATION, DIVISION, OR UNIT BY FIRST MAKING OFFERS OF EMPLOYMENT TO THE WORKFORCE OF THE MUNICIPAL ELECTRIC UTILITY'S DIVISION, BUSINESS UNIT, OR GENERATING UNIT.

(B) THAT THE ACQUIRING ENTITY OR PERSONS NOT EMPLOY EMPLOYEES FROM OUTSIDE THE MUNICIPAL ELECTRIC UTILITY'S WORKFORCE UNLESS OFFERS OF EMPLOYMENT HAVE BEEN MADE TO ALL QUALIFIED EMPLOYEES OF THE ACQUIRED BUSINESS UNIT OR FACILITY.

(C) THAT THE ACQUIRING ENTITY OR PERSONS HAVE A DISPUTE RESOLUTION MECHANISM CULMINATING IN A FINAL AND BINDING DECISION BY A NEUTRAL THIRD PARTY FOR RESOLVING EMPLOYEE COMPLAINTS OR DISPUTES OVER WAGES, FRINGE BENEFITS, AND WORKING CONDITIONS.

(D) THAT THE ACQUIRING ENTITY OR PERSONS OFFER EMPLOYMENT AT NO LESS THAN THE WAGE RATES AND SUBSTANTIALLY EQUIVALENT FRINGE BENEFITS AND TERMS AND CONDITIONS OF EMPLOYMENT THAT ARE IN EFFECT AT THE TIME OF TRANSFER OF OWNERSHIP OF THE DIVISION, BUSINESS UNIT, GENERATING STATION, OR GENERATING UNIT. THE WAGE RATES AND SUBSTANTIALLY EQUIVALENT FRINGE BENEFITS AND TERMS AND CONDITIONS OF EMPLOYMENT SHALL CONTINUE FOR AT LEAST 30 MONTHS FROM THE TIME OF THE TRANSFER OF OWNERSHIP UNLESS THE EMPLOYEES, OR WHERE APPLICABLE COLLECTIVE BARGAINING REPRESENTATIVE, AND THE NEW EMPLOYER MUTUALLY AGREE TO DIFFERENT TERMS AND CONDITIONS OF THE EMPLOYMENT WITHIN THAT 30-MONTH PERIOD.

(E) AN ACQUIRING ENTITY IS EXEMPT FROM THE OBLIGATIONS IN THIS SUBSECTION IF THE SELLING MUNICIPALITY TRANSFERS ALL DISPLACED MUNICIPAL ELECTRIC UTILITY EMPLOYEES TO POSITIONS OF EMPLOYMENT WITHIN THE MUNICIPALITY AT NO LESS THAN THE WAGE RATES AND SUBSTANTIALLY EQUIVALENT FRINGE BENEFITS AND TERMS AND CONDITIONS OF EMPLOYMENT THAT ARE IN EFFECT AT THE TIME OF TRANSFER. THE WAGE RATES AND SUBSTANTIALLY EQUIVALENT FRINGE BENEFITS AND TERMS AND CONDITIONS OF EMPLOYMENT SHALL CONTINUE FOR AT LEAST 30 MONTHS FROM THE TIME OF THE TRANSFER UNLESS THE EMPLOYEES, OR WHERE APPLICABLE COLLECTIVE BARGAINING REPRESENTATIVE, AND THE MUNICIPALITY MUTUALLY AGREE TO DIFFERENT TERMS AND CONDITIONS OF THE EMPLOYMENT WITHIN THAT 30-MONTH PERIOD.".

52. Amend page 14, following line 15, following section 10AA, by inserting:

"SEC. 10BB. (1) AGGREGATION MAY BE USED FOR THE PURCHASING OF ELECTRICITY AND RELATED SERVICES FROM AN ALTERNATIVE ELECTRIC SUPPLIER.

(2) LOCAL UNITS OF GOVERNMENT, PUBLIC AND PRIVATE SCHOOLS, UNIVERSITIES, AND COMMUNITY COLLEGES MAY AGGREGATE FOR THE PURPOSE OF PURCHASING ELECTRICITY FOR THEMSELVES OR FOR CUSTOMERS WITHIN THEIR BOUNDARIES WITH THE WRITTEN CONSENT OF EACH CUSTOMER AGGREGATED. CUSTOMERS WITHIN A LOCAL UNIT OF GOVERNMENT SHALL CONTINUE TO HAVE THE RIGHT TO CHOOSE THEIR ELECTRICITY SUPPLIER AND ARE NOT REQUIRED TO PURCHASE ELECTRICITY THROUGH THE AGGREGATOR.

(3) AS USED IN THIS SECTION, "AGGREGATION" MEANS THE COMBINING OF ELECTRIC LOADS OF MULTIPLE RETAIL CUSTOMERS OR A SINGLE CUSTOMER WITH MULTIPLE SITES TO FACILITATE THE PROVISION OF ELECTRIC SERVICE TO SUCH CUSTOMERS.".

53. Amend page 14, following line 15, following section 10BB, by inserting:

"SEC. 10CC. (1) EXCEPT AS OTHERWISE PROVIDED UNDER SUBSECTION (2), IF ANY PROVISION OF THIS ACT IS FOUND TO BE INVALID OR UNCONSTITUTIONAL, THE REMAINING PROVISIONS SHALL NOT BE AFFECTED AND WILL REMAIN IN FULL FORCE AND EFFECT.

(2) IF ANY PROVISION OF THIS ACT IS FOUND TO BE INVALID OR UNCONSTITUTIONAL IN A MANNER WHICH PREVENTS THE ISSUANCE OF SECURITIZATION BONDS THAT WOULD OTHERWISE BE ALLOWED, THE RATE REDUCTIONS REQUIRED UNDER SECTION 10D SHALL ALSO BE VOID AND THE RATES SHALL RETURN TO THOSE IN EFFECT ON MAY 1, 2000.".

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

Favorable Roll Call

SB 937 To Report Out:

Yeas: Reps. Middaugh, Bradstreet, Birkholz, Bisbee, Cassis, Garcia, Gosselin, Howell, Kowall, Kuipers, Richardville, Shulman,

Nays: None.

The Committee on Energy and Technology, by Rep. Middaugh, Chair, reported

Senate Bill No. 940, entitled

A bill to amend 1951 PA 35, entitled "An act to authorize intergovernmental contracts between municipal corporations; to authorize any municipal corporation to contract with any person or any municipal corporation to furnish any lawful municipal service to property outside the corporate limits of the first municipal corporation for a consideration; to prescribe certain penalties; to authorize contracts between municipal corporations and with certain nonprofit public transportation corporations to form group self-insurance pools; and to prescribe conditions for the performance of those contracts," by amending section 3 (MCL 124.3).

With the recommendation that the bill pass.

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

Favorable Roll Call

SB 940 To Report Out:

Yeas: Reps. Middaugh, Bradstreet, Birkholz, Bisbee, Cassis, Garcia, Gosselin, Howell, Kowall, Kuipers, Richardville, Shulman,

Nays: None.

The Committee on Energy and Technology, by Rep. Middaugh, Chair, reported

Senate Bill No. 941, entitled

A bill to amend 1909 PA 279, entitled "The home rule city act," by amending section 4f (MCL 117.4f).

With the recommendation that the bill pass.

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

Favorable Roll Call

SB 941 To Report Out:

Yeas: Reps. Middaugh, Bradstreet, Birkholz, Bisbee, Cassis, Garcia, Gosselin, Howell, Kowall, Kuipers, Richardville, Shulman,

Nays: None.

The Committee on Energy and Technology, by Rep. Middaugh, Chair, reported

Senate Bill No. 1253, entitled

A bill to amend 1939 PA 3, entitled "An act to provide for the regulation and control of public utilities and other services affected with a public interest within this state; to create a public service commission and to prescribe and define its powers and duties; to abolish the Michigan public utilities commission and to confer the powers and duties vested by law therein on the public service commission; to provide for the continuance, transfer, and completion of certain matters and proceedings; to abolish automatic adjustment clauses; to prohibit rate increases without notice and hearing; to qualify residential energy conservation programs permitted under state law for certain federal exemption; to provide for a restructuring of rates for certain utilities; to encourage the utilization of resource recovery facilities; to provide for appeals; to provide appropriations; to declare the effect of this act; to prescribe penalties; and to repeal all acts contrary to this act," (MCL 460.1 to 460.8) by adding sections 10h, 10i, 10j, 10k, 10l, 10m, 10n, 10o, and 10z.

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

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

"(6) SECURITIZATION PROPERTY SHALL CONSTITUTE AN ACCOUNT AS THAT TERM IS DEFINED UNDER THE UNIFORM COMMERCIAL CODE, 1962 PA 174, MCL 440.1101 TO 440.11102.

(7) FOR PURPOSES OF THIS ACT AND THE UNIFORM COMMERCIAL CODE, 1962 PA 174, MCL 440.1101 TO 440.11102, SECURITIZATION PROPERTY SHALL BE IN EXISTENCE WHETHER OR NOT THE REVENUE OR PROCEEDS IN RESPECT TO THE PROPERTY HAVE ACCRUED AND WHETHER OR NOT THE VALUE OF THE PROPERTY RIGHT IS DEPENDENT ON THE CUSTOMERS OF AN ELECTRIC UTILITY RECEIVING SERVICE.

(8) CHANGES IN THE FINANCING ORDER OR IN THE CUSTOMER'S SECURITIZATION CHARGES DO NOT AFFECT THE VALIDITY, PERFECTION, OR PRIORITY OF THE SECURITY INTEREST IN THE SECURITIZATION PROPERTY.

(9) THE DESCRIPTION OF SECURITIZATION PROPERTY IN A SECURITY AGREEMENT OR OTHER AGREEMENT OR A FINANCING STATEMENT IS SUFFICIENT IF IT REFERS TO THIS ACT AND THE FINANCING ORDER ESTABLISHING THE SECURITIZATION PROPERTY.

(10) THIS ACT SHALL CONTROL IN ANY CONFLICT BETWEEN THIS ACT AND ANY OTHER LAW OF THIS STATE REGARDING THE ATTACHMENT AND PERFECTION AND THE EFFECT OF PERFECTION AND PRIORITY OF ANY SECURITY INTEREST IN SECURITIZATION PROPERTY.

(11) NOTWITHSTANDING THE PROVISIONS OF THE UNIFORM COMMERCIAL CODE, 1962 PA 174, MCL 440.1101 TO 440.11102, THE LAW OF THE STATE OF MICHIGAN SHALL GOVERN THE PERFECTION AND THE EFFECT OF PERFECTION AND PRIORITY OF ANY SECURITY INTEREST IN SECURITIZATION PROPERTY.".

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

Favorable Roll Call

SB 1253 To Report Out:

Yeas: Reps. Middaugh, Bradstreet, Birkholz, Bisbee, Cassis, Garcia, Gosselin, Howell, Kowall, Kuipers, Richardville, Shulman,

Nays: None.

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Middaugh, Chair of the Committee on Energy and Technology, was received and read:

Meeting held on: Wednesday, May 31, 2000, at 12:01 a.m.,

Present: Reps. Middaugh, Bradstreet, Birkholz, Bisbee, Cassis, Garcia, Gosselin, Howell, Kowall, Kuipers, Richardville, Shulman, Thomas, Bob Brown, Hansen, Lemmons, Neumann, Quarles, Schauer, Woodward,

Absent: Rep. Daniels,

Excused: Rep. Daniels.

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, May 30, 2000, at 8:00 a.m.,

Present: Reps. Allen, Bradstreet, DeWeese, Hager, Hart, Kuipers, Van Woerkom, Voorhees, Bogardus, Clark, Daniels, Gieleghem, Hansen, Scott, Spade,

Absent: Reps. Ruth Johnson, Rick Johnson.

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Middaugh, Chair of the Committee on Energy and Technology, was received and read:

Meeting held on: Tuesday, May 30, 2000, at 8:00 a.m.,

Present: Reps. Middaugh, Bradstreet, Bisbee, Cassis, Garcia, Gosselin, Howell, Kowall, Kuipers, Richardville, Shulman, Thomas, Hansen, Neumann, Schauer, Woodward,

Absent: Reps. Birkholz, Bob Brown, Daniels, Lemmons, Quarles,

Excused: Reps. Daniels, Quarles.

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Garcia, Chair of the Committee on Economic Development, was received and read:

Meeting held on: Wednesday, May 31, 2000, at 8:00 a.m.,

Present: Reps. Garcia, Kowall, Bisbee, Richardville, Van Woerkom, Bob Brown, Lockwood, Mans, Vaughn.

Messages from the Senate

House Bill No. 5252, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending section 20155 (MCL 333.20155), as amended by 1996 PA 267.

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

The House agreed to the full title.

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

House Bill No. 5260, entitled

A bill to amend 1973 PA 186, entitled "Tax tribunal act," by amending section 35 (MCL 205.735), as amended by 1994 PA 254.

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

The House agreed to the full title.

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

House Bill No. 5468, entitled

A bill to amend 1980 PA 300, entitled "The public school employees retirement act of 1979," by amending section 5 (MCL 38.1305), as amended by 1998 PA 123.

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

The House agreed to the full title.

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

House Bill No. 5484, entitled

A bill to amend 1998 PA 386, entitled "Estates and protected individuals code," by amending sections 1103, 2402, 2403, 2404, 2517, 3805, 3807, 3987, 3988, 7503, and 7508 (MCL 700.1103, 700.2402, 700.2403, 700.2404, 700.2517, 700.3805, 700.3807, 700.3987, 700.3988, 700.7503, and 700.7508), sections 1103 and 3807 as amended by 2000 PA 54.

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

The House agreed to the full title.

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

House Bill No. 5507, entitled

A bill to amend 1939 PA 280, entitled "The social welfare act," by amending section 109 (MCL 400.109), as amended by 1997 PA 173.

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

The House agreed to the full title.

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

House Bill No. 5654, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," (MCL 206.1 to 206.532) by adding section 30f.

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

The House agreed to the full title.

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

House Bill No. 5682, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending section 16621 (MCL 333.16621), as amended by 1998 PA 436.

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

The House agreed to the full title.

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

House Bill No. 5029, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending section 5119 (MCL 333.5119), as amended by 1994 PA 75.

The Senate has amended the bill as follows:

1. Amend page 1, line 7, after "regarding" by inserting "PRENATAL CARE AND".

2. Amend page 2, line 6, after "infection." by striking out the balance of the line through "care." on line 10.

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

"Enacting section 1. This amendatory act takes effect January 1, 2001.".

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

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

House Bill No. 5460, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 20151 and 20155 (MCL 333.20151 and 333.20155), section 20155 as amended by 1996 PA 267.

The Senate has substituted (S-2) the bill.

The Senate has passed the bill as substituted (S-2), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

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

House Bill No. 5538, entitled

A bill to amend 1966 PA 346, entitled "State housing development authority act of 1966," by amending sections 21, 22b, 22c, 32, 32a, 32b, 44, 44a, and 46 (MCL 125.1421, 125.1422b, 125.1422c, 125.1432, 125.1432a, 125.1432b, 125.1444, 125.1444a, and 125.1446), section 21 as amended by 1983 PA 49, sections 22b, 22c, 32, 32a, and 44a as amended by 1996 PA 475, sections 32b and 44 as amended by 1998 PA 33, and section 46 as amended by 1993 PA 220.

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

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

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

House Bill No. 5653, entitled

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

The Senate has amended the bill as follows:

1. Amend page 9, line 25, after "YEAR." by inserting "A DEDUCTION UNDER THIS SUBPARAGRAPH IS NOT ALLOWED FOR CONTRIBUTIONS TO AN EDUCATION SAVINGS ACCOUNT IN THE TAX YEAR IN WHICH THE INITIAL WITHDRAWAL IS MADE FROM THAT ACCOUNT OR ANY SUBSEQUENT YEAR.".

2. Amend page 9, line 26, after "SECTION" by striking out "30F(A)" and inserting "30F".

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

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

Senate Bill No. 796, entitled

A bill to amend 1967 PA 281, entitled "An act to meet deficiencies in state funds by providing for the imposition, levy, computation, collection, assessment, and enforcement by lien and otherwise of taxes on or measured by net income; to prescribe the manner and time of making reports and paying the taxes, and the functions of public officers and others as to the taxes; to permit the inspection of the records of taxpayers; to provide for interest and penalties on unpaid taxes; to provide exemptions, credits and refunds of the taxes; to prescribe penalties for the violation of this act; to provide an appropriation; and to repeal certain acts and parts of acts," by amending section 261 (MCL 206.261), as amended by 1996 PA 484.

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

1. Amend page 2, line 9, after "2000 TAX YEAR AND" by striking out "$150.00 OR $300.00" and inserting "$100.00 OR $200.00".

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

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

Senate Bill No. 651, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 9101, 9104, 9105, 9106, 9107, 9108, 9109, 9110, 9112, 9113, 9115, 9117, 9118, 9119, 9120, 9121, and 9123 (MCL 324.9101, 324.9104, 324.9105, 324.9106, 324.9107, 324.9108, 324.9109, 324.9110, 324.9112, 324.9113, 324.9115, 324.9117, 324.9118, 324.9119, 324.9120, 324.9121, and 324.9123), sections 9101, 9104, 9105, 9106, 9107, 9108, 9109, 9110, 9112, 9113, 9115, 9117, 9118, 9119, 9120, and 9123 as added by 1995 PA 60 and section 9121 as amended by 1996 PA 173, and by adding section 9123a; and to repeal acts and parts of acts.

The Senate has passed the bill.

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

Senate Bill No. 772, entitled

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

The Senate has passed the bill.

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

Senate Bill No. 806, entitled

A bill to authorize a county, city, village, or township law enforcement agency to enter into mutual aid agreements with law enforcement agencies of a physically adjacent state; to prescribe the minimum terms of the mutual aid agreements; and to provide immunity from civil and criminal actions to certain persons.

The Senate has passed the bill.

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

Senate Bill No. 911, entitled

A bill to amend 1995 PA 279, entitled "Horse racing law of 1995," by amending section 20 (MCL 431.320), as amended by 1997 PA 73.

The Senate has passed the bill.

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

Senate Bill No. 1184, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," (MCL 760.1 to 777.69) by adding section 2b to chapter IV.

The Senate has passed the bill.

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

Senate Bill No. 1205, entitled

A bill to prescribe a tax on the sale and use of certain types of fuel in motor vehicles on the public roads or highways of this state and on certain other types of gas; to prescribe the manner and the time of collection and payment of this tax and the duties of officials and others pertaining to the payment and collection of this tax; to provide for the licensing of persons involved in the sale, use, or transportation of motor fuel and the collection and payment of the tax imposed by this act; to prescribe fees; to prescribe certain other powers and duties of certain state agencies and other persons; to provide for exemptions and refunds and for the disposition of the proceeds of this tax; to provide for appropriations from the proceeds of this tax; to prescribe remedies and penalties for the violation of this act; and to repeal acts and parts of acts.

The Senate has passed the bill.

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

Senate Bill No. 1264, entitled

A bill to amend 1945 PA 327, entitled "Aeronautics code of the state of Michigan," by amending section 203 (MCL 259.203).

The Senate has passed the bill.

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

Senate Bill No. 1265, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 71102 (MCL 324.71102), as added by 1995 PA 58.

The Senate has passed the bill.

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

Senate Bill No. 1266, entitled

A bill to amend 1980 PA 119, entitled "Motor carrier fuel tax act," by amending sections 1 and 4 (MCL 207.211 and 207.214), as amended by 1996 PA 584.

The Senate has passed the bill.

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

Senate Bill No. 1274, entitled

A bill to amend 1951 PA 51, entitled "An act to provide for the classification of all public roads, streets, and highways in this state, and for the revision of that classification and for additions to and deletions from each classification; to set up and establish the Michigan transportation fund; to provide for the deposits in the Michigan transportation fund of specific taxes on motor vehicles and motor vehicle fuels; to provide for the allocation of funds from the Michigan transportation fund and the use and administration of the fund for transportation purposes; to set up and establish the truck safety fund; to provide for the allocation of funds from the truck safety fund and administration of the fund for truck safety purposes; to set up and establish the Michigan truck safety commission; to establish certain standards for road contracts for certain businesses; to provide for the continuing review of transportation needs within the state; to authorize the state transportation commission, counties, cities, and villages to borrow money, issue bonds, and make pledges of funds for transportation purposes; to authorize counties to advance funds for the payment of deficiencies necessary for the payment of bonds issued under this act; to provide for the limitations, payment, retirement, and security of the bonds and pledges; to provide for appropriations and tax levies by counties and townships for county roads; to authorize contributions by townships for county roads; to provide for the establishment and administration of the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds; to provide for the deposits in the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds of money raised by specific taxes and fees; to provide for definitions of public transportation functions and criteria; to define the purposes for which Michigan transportation funds may be allocated; to provide for Michigan transportation fund grants; to provide for review and approval of transportation programs; to provide for submission of annual legislative requests and reports; to provide for the establishment and functions of certain advisory entities; to provide for conditions for grants; to provide for the issuance of bonds and notes for transportation purposes; to provide for the powers and duties of certain state and local agencies and officials; to provide for the making of loans for transportation purposes by the state transportation department and for the receipt and repayment by local units and agencies of those loans from certain specified sources; and to repeal acts and parts of acts," by amending sections 10, 10o, and 11 (MCL 247.660, 247.660o, and 247.661), sections 10 and 11 as amended and section 10o as added by 1998 PA 308, and by adding section 20b.

The Senate has passed the bill.

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

House Concurrent Resolution No. 91.

A concurrent resolution approving the conveyance of property to the State Building Authority and approving a lease among the State of Michigan, the State Building Authority, and the Board of Control of Saginaw Valley State University relative to the Saginaw Valley State University Classroom Facility.

(For text of resolution, see House Journal No. 35, p. 749.)

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

The concurrent resolution was referred to the Clerk for record.

House Concurrent Resolution No. 92.

A concurrent resolution approving the conveyance of property to the State Building Authority and approving a lease among the State of Michigan, the State Building Authority, and North Central Michigan College relative to the North Central Michigan College Multipurpose Educational Facility and General Campus Renovations.

(For text of resolution, see House Journal No. 35, p. 750.)

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

The concurrent resolution was referred to the Clerk for record.

House Concurrent Resolution No. 93.

A concurrent resolution approving the conveyance of property to the State Building Authority and approving a lease between the State of Michigan and the State Building Authority relative to the Family Independence Agency W.J. Maxey Training School.

(For text of resolution, see House Journal No. 36, p. 774.)

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

The concurrent resolution was referred to the Clerk for record.

House Concurrent Resolution No. 94.

(For text of resolution, see House Journal No. 36, p. 774.)

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

The concurrent resolution was referred to the Clerk for record.

House Concurrent Resolution No. 95.

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

(For text of resolution, see House Journal No. 36, p. 775.)

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

The concurrent resolution was referred to the Clerk for record.

House Concurrent Resolution No. 96.

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

(For text of resolution, see House Journal No. 36, p. 776.)

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

The concurrent resolution was referred to the Clerk for record.

House Concurrent Resolution No. 97.

A concurrent resolution approving the conveyance of property to the State Building Authority and approving a lease among the State of Michigan, the State Building Authority, and Lake Michigan College relative to the Lake Michigan College Financial and Student Services Center.

(For text of resolution, see House Journal No. 36, p. 777.)

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

The concurrent resolution was referred to the Clerk for record.

House Concurrent Resolution No. 98.

A concurrent resolution approving the conveyance of property to the State Building Authority and approving a lease among the State of Michigan, the State Building Authority, and Michigan State University relative to the Michigan State University Science Building Renovations.

(For text of resolution, see House Journal No. 36, p. 778.)

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

The concurrent resolution was referred to the Clerk for record.

House Concurrent Resolution No. 99.

A concurrent resolution approving the conveyance of property to the State Building Authority and approving a lease among the State of Michigan, the State Building Authority, and the Regents of the University of Michigan relative to the University of Michigan-Dearborn General Campus Classroom Renovations (Phase III) College of Arts, Sciences & Letters.

(For text of resolution, see House Journal No. 36, p. 779.)

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

The concurrent resolution was referred to the Clerk for record.

House Concurrent Resolution No. 100.

A concurrent resolution approving the conveyance of property to the State Building Authority and approving a lease among the State of Michigan, the State Building Authority, and the Regents of the University of Michigan relative to the University of Michigan-Dearborn General Campus Classroom Renovations (Phase III) Environmental Interpretive Center.

(For text of resolution, see House Journal No. 36, p. 780.)

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

The concurrent resolution was referred to the Clerk for record.

House Concurrent Resolution No. 101.

A concurrent resolution approving the conveyance of property to the State Building Authority and approving a lease among the State of Michigan, the State Building Authority, and the Regents of the University of Michigan relative to the University of Michigan-Flint Professional Studies and Classroom Building.

(For text of resolution, see House Journal No. 36, p. 781.)

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

The concurrent resolution was referred to the Clerk for record.

House Concurrent Resolution No. 102.

A concurrent resolution approving the conveyance of property to the State Building Authority and approving a lease among the State of Michigan, the State Building Authority, and Macomb Community College relative to the Macomb Community College University Center.

(For text of resolution, see House Journal No. 41, p. 519.)

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

The concurrent resolution was referred to the Clerk for record.

Communications from State Officers

The following communication from the Department of Environmental Quality was received and read:

May 26, 2000

Section 16908(3) of Part 169, Scrap Tires, of the Natural Resources and Environmental Protection Act, 1994 PA 451, as amended, requires the Department of Environmental Quality (DEQ) to report annually to the Legislature on the utilization of revenues of the Scrap Tire Regulatory Fund. Transmitted is the breakdown of Fiscal Year (FY) 1999 expenditures for the regulatory program and the grant program.

If you have any questions, please contact Mr. Jim Sygo, Chief, Waste Management Division, at (517) 373-2730.

Sincerely,

Russell J. Harding

Director

The communication was referred to the Clerk.

Introduction of Bills

Rep. Jamnick introduced

House Bill No. 5864, entitled

A bill to amend 1990 PA 187, entitled "The pupil transportation act," by amending section 55 (MCL 257.1855), as amended by 2000 PA 49.

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

Notices

I hereby give notice that on the next legislative session day I will move to discharge the Committee on Health Policy from further consideration of House Bill No. 5302.

Rep. Jacobs

Quorum Call

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

The motion prevailed.

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

The following is the roll call:

Roll Call No. 637 Yeas--103

Baird Garcia Kukuk Rison

Basham Garza LaForge Rocca

Birkholz Gieleghem LaSata Sanborn

Bisbee Gilbert Law Schauer

Bishop Gosselin Lemmons Schermesser

Bogardus Green Lockwood Scott

Bovin Hager Mans Shackleton

Bradstreet Hale Martinez Sheltrown

Brater Hanley Mead Shulman

Brown, B. Hansen Middaugh Spade

Brown, C. Hardman Minore Stallworth

Callahan Hart Mortimer Stamas

Cassis Howell Neumann Switalski

Caul Jacobs O'Neil Tabor

Cherry Jamnick Pappageorge Tesanovich

Clark, I. Jansen Patterson Thomas

Clarke, H. Jelinek Perricone Toy

Daniels Jellema Pestka Van Woerkom

DeHart Johnson, Rick Price Vander Roest

Dennis Johnson, Ruth Prusi Vaughn

DeRossett Julian Pumford Vear

DeVuyst Kelly Quarles Voorhees

DeWeese Kilpatrick Raczkowski Wojno

Ehardt Koetje Reeves Woodward

Faunce Kowall Richardville Woronchak

Frank Kuipers Richner

In The Chair: Birkholz

______

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

Rep. Mortimer moved that Rep. Ehardt be excused temporarily from today's session.

The motion prevailed.

By unanimous consent the House returned to the order of

Second Reading of Bills

House Bill No. 5668, entitled

A bill to amend 1998 PA 58, entitled "Michigan liquor control code of 1998," by amending sections 501 and 906 (MCL 436.1501 and 436.1906), section 501 as amended by 1998 PA 416 and section 906 as added by 1998 PA 391.

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

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

Reps. Green and Dennis moved to amend the bill as follows:

1. Amend page 6, line 5, after "programs." by inserting "AN INSTRUCTOR MAY BE A LICENSEE OR AN EMPLOYEE OF A LICENSEE.".

2. Amend page 6, line 14, after "trator" by inserting "OR INSTRUCTOR".

3. Amend page 9, following line 13, by inserting:

"(9) A CERTIFIED INSTRUCTOR WHO IS A LICENSEE OR AN EMPLOYEE OF A LICENSEE MAY OFFER SERVER TRAINING PROGRAMS APPROVED BY THE COMMISSION TO THE EMPLOYEES OF THE LICENSEE AND CERTIFY TO THE COMMISSION THOSE PERSONS WHO SUCCESSFULLY COMPLETED THE PROGRAM." and renumbering the remaining subsections.

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

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

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

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

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

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 5668, entitled

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

Roll Call No. 638 Yeas--105

Allen Frank Kuipers Rivet

Baird Garcia Kukuk Rocca

Basham Garza LaForge Sanborn

Birkholz Gieleghem LaSata Schauer

Bisbee Gilbert Law Schermesser

Bishop Godchaux Lockwood Scott

Bogardus Gosselin Mans Scranton

Bovin Green Martinez Shackleton

Bradstreet Hager Mead Sheltrown

Brater Hale Middaugh Shulman

Brewer Hanley Minore Spade

Brown, B. Hansen Mortimer Stallworth

Brown, C. Hardman Neumann Stamas

Byl Hart O'Neil Switalski

Callahan Howell Pappageorge Tabor

Cassis Jacobs Patterson Tesanovich

Caul Jamnick Perricone Thomas

Cherry Jansen Pestka Toy

Clark, I. Jelinek Price Van Woerkom

Clarke, H. Jellema Prusi Vander Roest

Daniels Johnson, Rick Pumford Vaughn

DeHart Johnson, Ruth Raczkowski Vear

Dennis Julian Reeves Voorhees

DeRossett Kelly Richardville Wojno

DeVuyst Koetje Richner Woodward

DeWeese Kowall Rison Woronchak

Faunce

Nays--0

In The Chair: Scranton

The House agreed to the title of the bill.

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

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

Second Reading of Bills

Senate Bill No. 937, entitled

Was read a second time, and the question being on the adoption of the proposed amendments previously recommended by the Committee on Energy (for amendments, see House Journal No. 51, p. 1407),

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

Rep. Bradstreet moved to amend the bill as follows:

1. Amend page 13, line 8, after "FROM" by striking out "MICHIGAN RETAIL" and inserting "BENEFITTING".

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

Rep. Bradstreet moved to amend the bill as follows:

1. Amend page 14, following line 15, section 10x, subsection (4), after "FOR" by inserting "ELECTRIC".

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

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

The question being on the adoption of the substitute (H-1) offered by Rep. Lemmons,

Rep. Lemmons demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the substitute (H-1) offered by Rep. Lemmons,

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

Roll Call No. 639 Yeas--55

Baird Frank Lockwood Schermesser

Basham Garza Mans Scott

Bogardus Gieleghem Martinez Shackleton

Bovin Hager Minore Sheltrown

Brater Hale Neumann Spade

Brewer Hanley O'Neil Stallworth

Brown, B. Hansen Pestka Switalski

Callahan Hardman Price Tesanovich

Cherry Jacobs Prusi Thomas

Clark, I. Jamnick Quarles Vaughn

Clarke, H. Kelly Reeves Wojno

Daniels Kilpatrick Rison Woodward

DeHart LaForge Rivet Woronchak

Dennis Lemmons Schauer

Nays--55

Allen Garcia Koetje Richardville

Birkholz Geiger Kowall Richner

Bisbee Gilbert Kuipers Rocca

Bishop Godchaux Kukuk Sanborn

Bradstreet Gosselin LaSata Scranton

Brown, C. Green Law Shulman

Byl Hart Mead Stamas

Cassis Howell Middaugh Tabor

Caul Jansen Mortimer Toy

DeRossett Jelinek Pappageorge Van Woerkom

DeVuyst Jellema Patterson Vander Roest

DeWeese Johnson, Rick Perricone Vear

Ehardt Johnson, Ruth Pumford Voorhees

Faunce Julian Raczkowski

In The Chair: Scranton

Rep. Woodward moved to amend the bill as follows:

1. Amend page 14, following line 15, following enacting section 1, by inserting:

"Enacting section 2. This amendatory act does not take effect unless Senate Bill No. 1288 of the 90th Legislature is enacted into law.".

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

Rep. Woodward demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 640 Yeas--52

Baird Dennis Lemmons Rivet

Basham Frank Lockwood Schauer

Bogardus Garza Mans Schermesser

Bovin Gieleghem Martinez Scott

Brater Hale Minore Sheltrown

Brewer Hanley Neumann Spade

Brown, B. Hansen O'Neil Stallworth

Callahan Hardman Pestka Switalski

Cherry Jacobs Price Tesanovich

Clark, I. Jamnick Prusi Thomas

Clarke, H. Kelly Quarles Vaughn

Daniels Kilpatrick Reeves Wojno

DeHart LaForge Rison Woodward

Nays--56

Allen Garcia Koetje Richner

Birkholz Gilbert Kowall Rocca

Bisbee Godchaux Kuipers Sanborn

Bishop Gosselin Kukuk Scranton

Bradstreet Green LaSata Shackleton

Brown, C. Hager Mead Shulman

Byl Hart Middaugh Stamas

Cassis Howell Mortimer Tabor

Caul Jansen Pappageorge Toy

DeRossett Jelinek Patterson Van Woerkom

DeVuyst Jellema Perricone Vander Roest

DeWeese Johnson, Rick Pumford Vear

Ehardt Johnson, Ruth Raczkowski Voorhees

Faunce Julian Richardville Woronchak

In The Chair: Scranton

Rep. Bradstreet moved to amend the bill as follows:

1. Amend page 6, following line 14, subsection (2), after "MAY ORDER THE" by inserting "ELECTRIC UTILITY TO FILE AN APPLICATION TO".

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

Rep. Bisbee moved to amend the bill as follows:

1. Amend page 11, following line 23, by inserting:

"(6) WITHIN 1 YEAR OF THE EFFECTIVE DATE OF THE AMENDATORY ACT THAT ADDED THIS SECTION, THE COMMISSION SHALL ISSUE A REPORT TO THE GOVERNOR AND THE LEGISLATURE THAT ANALYZES ALL ASPECTS RELATING TO MARKET POWER IN THE UPPER PENINSULA OF THIS STATE. THE REPORT SHALL INCLUDE, BUT NOT BE LIMITED TO, CONCENTRATION OF GENERATING CAPACITY, CONTROL OF THE TRANSMISSION SYSTEM, RESTRICTIONS ON THE DELIVERY OF POWER, ABILITY OF NEW SUPPLIERS TO ENTER THE MARKET, AND IDENTIFICATION OF ANY MARKET POWER PROBLEMS UNDER THE EXISTING MARKET POWER TEST. PRIOR TO ISSUING ITS REPORT, THE COMMISSION SHALL RECEIVE WRITTEN COMMENTS AND HOLD HEARINGS TO SOLICIT PUBLIC INPUT.".

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

Rep. Shulman moved to amend the bill as follows:

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

"TITLE

An act to provide for the regulation and control of public utilities and other services affected with a public interest within this state; TO PROVIDE FOR ALTERNATIVE ENERGY SUPPLIERS; TO PROVIDE FOR LICENSING; TO INCLUDE MUNICIPALLY OWNED UTILITIES AND OTHER PROVIDERS OF ENERGY UNDER CERTAIN PROVISIONS OF THIS ACT; to create a public service commission and to prescribe and define its powers and duties; to abolish the Michigan public utilities commission and to confer the powers and duties vested by law ~~therein~~ on the public service commission; to provide for the continuance, transfer, and completion of certain matters and proceedings; to abolish automatic adjustment clauses; to prohibit CERTAIN rate increases without notice and hearing; to qualify residential energy conservation programs permitted under state law for certain federal exemption; TO CREATE A FUND; to provide for a restructuring of ~~rates for certain utilities~~ THE MANNER IN WHICH ENERGY IS PROVIDED IN THIS STATE; to encourage the utilization of resource recovery facilities; TO PROHIBIT CERTAIN ACTS AND PRACTICES OF PROVIDERS OF ENERGY; TO ALLOW FOR THE SECURITIZATION OF STRANDED COSTS; TO REDUCE RATES; to provide for appeals; to provide appropriations; to declare the effect AND PURPOSE of this act; to prescribe REMEDIES AND penalties; and to repeal ~~all~~ acts ~~contrary to this act~~ AND PARTS OF ACTS.".

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

Rep. Jellema moved to amend the bill as follows:

1. Amend page 9, following line 14, following subsection (8), by inserting:

"(9) THE PUBLIC SERVICE COMMISSION SHALL TAKE THE NECESSARY STEPS TO ENSURE THAT ALL ELECTRICAL POWER GENERATING FACILITIES IN THIS STATE COMPLY WITH ALL RULES, REGULATIONS, AND STANDARDS OF THE FEDERAL ENVIRONMENTAL PROTECTION AGENCY REGARDING MERCURY EMISSIONS.".

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

Rep. Jellema demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 641 Yeas--107

Allen Faunce Kuipers Rison

Baird Frank Kukuk Rivet

Basham Garcia LaForge Rocca

Birkholz Garza LaSata Sanborn

Bisbee Gieleghem Law Schauer

Bishop Gilbert Lemmons Schermesser

Bogardus Godchaux Lockwood Scott

Bovin Gosselin Mans Scranton

Bradstreet Green Martinez Shackleton

Brater Hager Mead Sheltrown

Brewer Hale Middaugh Shulman

Brown, B. Hanley Minore Spade

Brown, C. Hansen Mortimer Stallworth

Byl Hardman Neumann Stamas

Callahan Hart O'Neil Switalski

Cassis Howell Pappageorge Tabor

Caul Jacobs Patterson Tesanovich

Cherry Jamnick Perricone Toy

Clark, I. Jansen Pestka Van Woerkom

Clarke, H. Jelinek Price Vander Roest

Daniels Jellema Prusi Vaughn

DeHart Johnson, Rick Pumford Vear

Dennis Johnson, Ruth Quarles Voorhees

DeRossett Julian Raczkowski Wojno

DeVuyst Kelly Reeves Woodward

DeWeese Koetje Richardville Woronchak

Ehardt Kowall Richner

Nays--0

In The Chair: Scranton

______

Rep. Pappageorge moved that Rep. Geiger be excused temporarily from today's session.

The motion prevailed.

Rep. Callahan moved to amend the bill as follows:

1. Amend page 14, following line 15, following section 10CC, by inserting:

"Sec. 10DD. BY JULY 1, 2002 THE DEPARTMENT OF ENVIRONMENTAL QUALITY SHALL PROMULGATE A RULE THAT REGULATES THE AIR EMISSIONS OF MERCURY FROM ELECTRICAL POWER GENERATING FACILITIES. THE DEPARTMENT SHALL REDUCE THE EMISSION LEVELS OF MERCURY IF NECESSARY TO PROTECT THE PUBLIC HEALTH AND NATURAL RESOURCES OF THE STATE OF MICHIGAN. ANY COSTS INCURRED TO REDUCE MERCURY LEVELS SHALL BE RECOVERABLE PURSUANT TO SECTION 10D(3).".

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

Rep. Callahan demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 642 Yeas--56

Baird Faunce Lemmons Schauer

Basham Frank Lockwood Schermesser

Bogardus Garza Mans Scott

Bovin Gieleghem Martinez Shackleton

Brater Hager Minore Sheltrown

Brewer Hale Neumann Spade

Brown, B. Hanley O'Neil Stallworth

Callahan Hansen Pestka Switalski

Cherry Hardman Price Tesanovich

Clark, I. Jacobs Prusi Thomas

Clarke, H. Jamnick Quarles Van Woerkom

Daniels Kelly Reeves Vaughn

DeHart Kilpatrick Rison Wojno

Dennis LaForge Rivet Woodward

Nays--53

Allen Gilbert Kowall Richardville

Birkholz Godchaux Kuipers Richner

Bisbee Gosselin Kukuk Rocca

Bishop Green LaSata Sanborn

Bradstreet Hart Law Scranton

Brown, C. Howell Mead Shulman

Byl Jansen Middaugh Stamas

Cassis Jelinek Mortimer Tabor

Caul Jellema Pappageorge Toy

DeRossett Johnson, Rick Patterson Vander Roest

DeVuyst Johnson, Ruth Perricone Vear

DeWeese Julian Pumford Voorhees

Ehardt Koetje Raczkowski Woronchak

Garcia

In The Chair: Scranton

Rep. Raczkowski moved to reconsider the vote by which the House adopted the amendment.

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

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

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

Reps. Shulman and Hansen moved to amend the bill as follows:

1. Amend page 14, following line 15, section 10BB, subsection (2), after "AGGREGATED." by inserting "AN AGGREGATOR FOR PUBLIC OR PRIVATE SCHOOLS IS NOT AN ELECTRIC UTILITY OR A PUBLIC UTILITY.".

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

Rep. Bradstreet moved to amend the bill as follows:

1. Amend page 6, line 14, subsection (2), after "APPLICATION TO" by striking out "UNBUNDLING OF" and inserting "UNBUNDLE".

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

Rep. Raczkowski moved to reconsider the vote by which the House adopted the amendment offered previously by Reps. Shulman and Hansen.

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

The question being on the adoption of the amendment offered previously by Reps. Shulman and Hansen,

Rep. Shulman withdrew the amendment.

Rep. Brater moved to amend the bill as follows:

1. Amend page 9, following line 14, following subsection (7), by inserting:

"(8) THE COMMISSION SHALL NOT ALLOW FOR RECOVERY FOR COSTS RELATED TO POLLUTION CONTROL EQUIPMENT UNLESS BY JULY 1, 2001, THE DEPARTMENT OF ENVIRONMENTAL QUALITY PROMULGATES A RULE THAT REGULATES THE AIR EMISSIONS OF MERCURY FROM ELECTRICAL POWER GENERATING FACILITIES, AND REDUCES THE EMISSION LEVELS OF MERCURY IF NECESSARY TO PROTECT THE PUBLIC HEALTH AND NATURAL RESOURCES OF THE STATE OF MICHIGAN.".

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

Rep. Brater demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 643 Yeas--55

Baird Frank Lockwood Schauer

Basham Garza Mans Schermesser

Bogardus Gieleghem Martinez Scott

Bovin Hager Minore Sheltrown

Brater Hale Neumann Spade

Brewer Hanley O'Neil Stallworth

Brown, B. Hansen Pestka Switalski

Callahan Hardman Price Tesanovich

Cherry Jacobs Prusi Thomas

Clark, I. Jamnick Quarles Vaughn

Clarke, H. Kelly Reeves Wojno

Daniels Kilpatrick Richardville Woodward

DeHart LaForge Rison Woronchak

Dennis Lemmons Rivet

Nays--52

Allen Faunce Koetje Richner

Birkholz Gilbert Kowall Rocca

Bisbee Godchaux Kuipers Sanborn

Bishop Gosselin Kukuk Scranton

Bradstreet Green LaSata Shackleton

Brown, C. Hart Law Shulman

Byl Howell Mead Stamas

Cassis Jansen Middaugh Tabor

Caul Jelinek Mortimer Toy

DeRossett Jellema Pappageorge Van Woerkom

DeVuyst Johnson, Rick Patterson Vander Roest

DeWeese Johnson, Ruth Pumford Vear

Ehardt Julian Raczkowski Voorhees

In The Chair: Scranton

Rep. Middaugh moved to amend the bill as follows:

1. Amend page 9, following line 14, subsection (6), after the first "CUSTOMERS" by striking out "AND PROPORTIONATE REDUCTIONS IN THE CHARGES TO RECOVER AN ELECTRIC UTILITY'S STRANDED COSTS".

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

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

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

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

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

By unanimous consent the House returned to the order of

Third Reading of Bills

Senate Bill No. 937, entitled

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

Roll Call No. 644 Yeas--72

Allen Geiger Kuipers Reeves

Birkholz Gilbert Kukuk Richardville

Bisbee Godchaux LaSata Richner

Bishop Gosselin Law Rocca

Bradstreet Green Lemmons Sanborn

Brown, B. Hager Lockwood Schauer

Brown, C. Hale Mans Scranton

Byl Hardman Mead Sheltrown

Cassis Hart Middaugh Shulman

Caul Howell Mortimer Spade

Clarke, H. Jansen Neumann Stamas

Daniels Jelinek O'Neil Tabor

DeRossett Jellema Pappageorge Toy

DeVuyst Johnson, Rick Patterson Van Woerkom

DeWeese Johnson, Ruth Perricone Vander Roest

Ehardt Julian Pestka Vear

Faunce Koetje Pumford Voorhees

Garcia Kowall Raczkowski Woronchak

Nays--35

Baird DeHart Kelly Schermesser

Basham Dennis LaForge Scott

Bogardus Frank Martinez Shackleton

Bovin Garza Minore Switalski

Brater Gieleghem Price Tesanovich

Brewer Hanley Prusi Vaughn

Callahan Hansen Quarles Wojno

Cherry Jacobs Rison Woodward

Clark, I. Jamnick Rivet

In The Chair: Scranton

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

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

A bill to amend 1939 PA 3, entitled "An act to provide for the regulation and control of public utilities and other services affected with a public interest within this state; to create a public service commission and to prescribe and define its powers and duties; to abolish the Michigan public utilities commission and to confer the powers and duties vested by law therein on the public service commission; to provide for the continuance, transfer, and completion of certain matters and proceedings; to abolish automatic adjustment clauses; to prohibit rate increases without notice and hearing; to qualify residential energy conservation programs permitted under state law for certain federal exemption; to provide for a restructuring of rates for certain utilities; to encourage the utilization of resource recovery facilities; to provide for appeals; to provide appropriations; to declare the effect of this act; to prescribe penalties; and to repeal all acts contrary to this act," by amending the title and section 6l (MCL 460.6l), the title as amended by 1989 PA 2 and section 6l as added by 1982 PA 304, and by adding sections 10, 10a, 10b, 10c, 10d, 10e, 10f, 10g, 10p, 10q, 10r, 10s, 10t, 10u, 10v, 10w, 10x, 10y, 10aa, 10bb, and 10cc.

The motion prevailed.

The House agreed to the title as amended.

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

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

______

Reps. Scott, Wojno, Jamnick, Vaughn, Garza, Clark, Basham, Rivet and Jacobs, 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:

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

"Mr. Speaker and members of the House:

I voted no on Senate Bill 937 because this legislation is not the kind of regulatory reform Michigan consumers need and deserve in order to significantly reduce their costs for electricity. The bill I oppose creates a powerful bureaucratic system where unelected and unaccountable individuals will decide how much Michigan consumers must pay to reimburse electric utilities for more than $4 billion in so-called stranded costs. This all-powerful bureaucratic system benefits big utilities at the expense of the consumers. I supported a substitute bill which would have reduced electric rates across the board for consumers by 10 percent, and 15 percent for senior citizens. Unfortunately, this substitute bill was rejected by the Republican Majority. Because Senate Bill 937 will not result in the savings I wanted consumers to receive, and because of the unaccountable and powerful bureaucracy it creates, I voted no. There is also potential for significant losses to the school aid fund."

Rep. Minore, 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:

I voted no on Senate Bill 937 because this legislation is not the kind of regulatory reform Michigan consumers need and deserve in order to significantly reduce their costs for electricity. The bill I oppose creates a powerful bureaucratic system where unelected and unaccountable individuals will decide how much Michigan consumers must pay to reimburse electric utilities for more than $4 billion in so-called stranded costs. This all-powerful bureaucratic system benefits big utilities at the expense of the consumers. I supported a substitute bill which would have reduced electric rates across the board for consumers by 10 percent, and 15 percent for senior citizens. Unfortunately, this substitute bill was rejected by the Republican Majority. Because Senate Bill 937 will not result in the savings I wanted consumers to receive, and because of the unaccountable and powerful bureaucracy it creates, I voted no. In addition, I consider this bill a kind of 'Term Limits Scam' in that a modest rate cut may be in place temporarily--but residential users will be stuck with extraordinary costs beginning in 4-5 years and for the forseeable future beyond that time."

Rep. Callahan, 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:

I voted no on Senate Bill 937 because this legislation is not the kind of regulatory reform Michigan consumers need and deserve in order to significantly reduce their costs for electricity. The bill I oppose creates a powerful bureaucratic system where unelected and unaccountable individuals will decide how much Michigan consumers must pay to reimburse electric utilities for more than $4 billion in so-called stranded costs. This all-powerful bureaucratic system benefits big utilities at the expense of the consumers. I supported a substitute bill which would have reduced electric rates across the board for consumers by 10 percent, and 15 percent for senior citizens. Unfortunately, this substitute bill was rejected by the Republican Majority. I substituted a floor amendment to reduce mercury emissions which passed (RC Vote 642) was reconsidered and then defeated. Because Senate Bill 937 will not result in the savings I wanted consumers to receive, and because of the unaccountable and powerful bureaucracy it creates, I voted no."

Rep. Gieleghem, 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:

Because I don't believe it truly puts the interest of consumers over the powerful interest of energy providers and big corporations who benefit the most from this bill. It provides almost absolute authority to an appointed and unelected board that will make multi-billion dollar decisions without any accountability to the people of Michigan. Under this bill, it is unlikely that residential rate payers and small businesses will ever really see any real rate reductions and could eventually be subject to bear the bulk of the burden for huge stranded costs being passed on as a result of larger consumers and abandoning the system. I support efforts that provide equitable choice and protection for all consumers, ensure reliable, safe and affordable energy transmissions and reduce the burden on residential rate payers."

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

"Mr. Speaker and members of the House:

I am voting no on SB 937 because of the following reasons:

1) Expanded Cost--this cost of over 4 billion will be passed on to the consumer

2) No new plants will offer new service this year--it will take at least one year or more

3) We have not addressed the issue of brown-outs

4) Rate decrease

5) This legislation gives enormous power to the Public Service Commission--a commission not elected by the people--a commission not accountable to the people. Section D, Part 4, pg. 9 states that if the commission authorizes a electric utility to use securization for funding on bonds any savings up to 5% shall be utilized to reduce the rates for consumers. What they are saying but not mentioned is that that rate decrease is only for a limited time and consumers will pay for the next 40 years on the bonds for stranded cost.

6) This is not a true consumer bill--the end result will have consumers home life being disrupted--consumers paying for years to come. It looks good at first glance--but if all legislators did their jobs--we would not mortgage the future of our kids and grandchildren."

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

"Mr. Speaker and members of the House:

I voted no on the utility deregulation bill for several reasons. The main one being the rate cut is simply a shell game--now you see it, now you don't. The average rate cut for Michigan's consumers--that's you and me--will be $1.00 (one dollar) a week. There's not much you can buy for $1.00 per week. This is not a great money savings break for me or my neighbors. When we voted for the Michigan telecommunications bill a couple of years back we were assured there would be job security for our workers and a price break for our constituents. One week after I voted for this, they closed a payment center in Wayne affecting many of my constituents. Initially, rates did decrease slightly but now they are much higher than they were and they have added other costs which are now on everyone's bill. Until consumers have a real rate cut and until I Can be assured they will not be receiving 10-15 calls during the dinner hour asking them to change their electric or gas company I will remain a no vote.

Another reason is there will be a substantial cost to the consumer which is called stranded cost. Stranded costs occur when Edison or Consumers Energy builds a plant to produce power planning to spread the cost over a 20 year period and then charging the consumers over that 20 years to pay for the cost of that plant. Now, if these utility companies lose customers, they will be 'stranded' with the cost of paying for these plants themselves. This cost will be $4 billion and this cost will fall on the shoulders of the customers--me and my neighbors! So this $1.00 one dollar per week savings until the year 2006 will not be enough to pay for the $4 billion cost we will have to pay."

Rep. Woodward, 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:

I voted no on Senate Bill 937 because this legislation is not the kind of regulatory reform Michigan consumers need and deserve in order to significantly reduce their costs for electricity. The bill I opposed creates a powerful bureaucratic system where unelected and unaccountable individuals will decide how much Michigan consumers must pay to reimburse electric utilities for more than $4 billion in so-called stranded costs. This all-powerful bureaucratic system benefits big utilities at the expense of the residents of Madison Heights, Royal Oak, and Hazel Park. I supported a substitute bill which would have reduced electric rates across the board for consumers by 10 percent, and 15 percent for senior citizens. Unfortunately, this substitute bill was rejected by the Republican Majority. With the Republican bill, the people of the 34th District will see a short term reduction in rates of on average $2.50 per month until 2006. After 2006, loss revenue to the utilities as a result of the rate cut and stranded costs, plus interest, will be added to our bills without any cap and will likely exceed any short term benefit consumers received. Big business and large manufacturing firms will save big money from this bill, the residents, seniors, and small businesses of Madison Heights, Royal Oak, and Hazel Park will not. For these reasons and others I had to vote NO!"

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

I voted no on Senate Bill 937 because Michigan consumers do not deserve this type of regulatory reform. It does not significantly reduce their cost for electricity and creates an extremely powerful bureaucracy with unaccountable and politically appointed individuals that will decide how much Michigan consumers will pay to reimburse electric utilities for more than $4 billion in so-called stranded costs. This all-powerful bureaucracy only benefits big utilities at the expense of the consumer. Instead, I voted for a substitute bill that would have reduced electric rates across the board for consumers by 10 percent and 15 percent for senior citizens. Unfortunately, this substitute bill was rejected by the Republican Majority members. Because Senate Bill 937 will not really result in savings that are meaningful to the consumers of my district and because of the unaccountable bureaucracy it creates, I voted no."

Second Reading of Bills

Senate Bill No. 1253, entitled

A bill to amend 1939 PA 3, entitled "An act to provide for the regulation and control of public utilities and other services affected with a public interest within this state; to create a public service commission and to prescribe and define its powers and duties; to abolish the Michigan public utilities commission and to confer the powers and duties vested by law therein on the public service commission; to provide for the continuance, transfer, and completion of certain matters and proceedings; to abolish automatic adjustment clauses; to prohibit rate increases without notice and hearing; to qualify residential energy conservation programs permitted under state law for certain federal exemption; to provide for a restructuring of rates for certain utilities; to encourage the utilization of resource recovery facilities; to provide for appeals; to provide appropriations; to declare the effect of this act; to prescribe penalties; and to repeal all acts contrary to this act," (MCL 460.1 to 460.8) by adding sections 10h, 10i, 10j, 10k, 10l, 10m, 10n, 10o, and 10z.

Was read a second time, and the question being on the adoption of the amendment previously recommended by the Committee on Energy and Technology,

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

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

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

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

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

By unanimous consent the House returned to the order of

Third Reading of Bills

Senate Bill No. 1253, entitled

A bill to amend 1939 PA 3, entitled "An act to provide for the regulation and control of public utilities and other services affected with a public interest within this state; to create a public service commission and to prescribe and define its powers and duties; to abolish the Michigan public utilities commission and to confer the powers and duties vested by law therein on the public service commission; to provide for the continuance, transfer, and completion of certain matters and proceedings; to abolish automatic adjustment clauses; to prohibit rate increases without notice and hearing; to qualify residential energy conservation programs permitted under state law for certain federal exemption; to provide for a restructuring of rates for certain utilities; to encourage the utilization of resource recovery facilities; to provide for appeals; to provide appropriations; to declare the effect of this act; to prescribe penalties; and to repeal all acts contrary to this act," (MCL 460.1 to 460.8) by adding sections 10h, 10i, 10j, 10k, 10l, 10m, 10n, 10o, and 10z.

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

Roll Call No. 645 Yeas--73

Allen Gilbert Kukuk Richner

Birkholz Godchaux LaSata Rocca

Bisbee Gosselin Law Sanborn

Bishop Green Lockwood Schauer

Bradstreet Hager Mans Scranton

Brown, B. Hale Mead Sheltrown

Brown, C. Hardman Middaugh Shulman

Byl Hart Mortimer Spade

Cassis Howell Neumann Stallworth

Caul Jansen O'Neil Stamas

Clarke, H. Jelinek Pappageorge Tabor

Daniels Jellema Patterson Thomas

DeRossett Johnson, Rick Perricone Toy

DeVuyst Johnson, Ruth Pestka Van Woerkom

DeWeese Julian Pumford Vander Roest

Ehardt Koetje Raczkowski Vear

Faunce Kowall Reeves Voorhees

Garcia Kuipers Richardville Woronchak

Geiger

Nays--35

Baird DeHart LaForge Schermesser

Basham Dennis Lemmons Scott

Bogardus Frank Martinez Shackleton

Bovin Garza Minore Switalski

Brater Gieleghem Price Tesanovich

Brewer Hanley Prusi Vaughn

Callahan Hansen Quarles Wojno

Cherry Jacobs Rison Woodward

Clark, I. Kelly Rivet

In The Chair: Scranton

The House agreed to the title of the bill.

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

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

Second Reading of Bills

Senate Bill No. 940, entitled

The bill was read a second time.

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

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

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

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

By unanimous consent the House returned to the order of

Third Reading of Bills

Senate Bill No. 940, entitled

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

Roll Call No. 646 Yeas--76

Allen Geiger Kukuk Richardville

Birkholz Gilbert LaSata Richner

Bisbee Godchaux Law Rocca

Bishop Gosselin Lemmons Sanborn

Bradstreet Green Lockwood Schauer

Brown, B. Hager Mans Scranton

Brown, C. Hale Martinez Sheltrown

Byl Hardman Mead Shulman

Cassis Hart Middaugh Spade

Caul Howell Mortimer Stallworth

Cherry Jansen Neumann Stamas

Clarke, H. Jelinek O'Neil Tabor

Daniels Jellema Pappageorge Toy

DeRossett Johnson, Rick Patterson Van Woerkom

DeVuyst Johnson, Ruth Perricone Vander Roest

DeWeese Julian Pestka Vaughn

Ehardt Koetje Pumford Vear

Faunce Kowall Raczkowski Voorhees

Garcia Kuipers Reeves Woronchak

Nays--30

Baird DeHart Kelly Schermesser

Basham Dennis LaForge Scott

Bogardus Frank Minore Shackleton

Bovin Garza Price Switalski

Brater Gieleghem Prusi Tesanovich

Brewer Hansen Rison Wojno

Callahan Jacobs Rivet Woodward

Clark, I. Jamnick

In The Chair: Scranton

The House agreed to the title of the bill.

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

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

Second Reading of Bills

Senate Bill No. 941, entitled

A bill to amend 1909 PA 279, entitled "The home rule city act," by amending section 4f (MCL 117.4f).

The bill was read a second time.

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

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

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

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

______

Rep. Kelly moved that Rep. LaForge be excused temporarily from today's session.

The motion prevailed.

By unanimous consent the House returned to the order of

Third Reading of Bills

Senate Bill No. 941, entitled

A bill to amend 1909 PA 279, entitled "The home rule city act," by amending section 4f (MCL 117.4f).

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

Roll Call No. 647 Yeas--79

Allen Gilbert Kukuk Richardville

Baird Godchaux LaSata Richner

Birkholz Gosselin Law Rocca

Bisbee Green Lemmons Sanborn

Bishop Hager Lockwood Schauer

Bradstreet Hale Mans Scranton

Brown, B. Hansen Martinez Sheltrown

Brown, C. Hardman Mead Shulman

Byl Hart Middaugh Spade

Cassis Howell Minore Stallworth

Caul Jamnick Mortimer Stamas

Cherry Jansen Neumann Tabor

Clarke, H. Jelinek O'Neil Thomas

DeRossett Jellema Pappageorge Toy

DeVuyst Johnson, Rick Patterson Van Woerkom

DeWeese Johnson, Ruth Perricone Vander Roest

Ehardt Julian Pestka Vear

Faunce Koetje Pumford Voorhees

Garcia Kowall Raczkowski Woronchak

Geiger Kuipers Reeves

Nays--27

Basham DeHart Kelly Shackleton

Bogardus Dennis Price Switalski

Bovin Frank Prusi Tesanovich

Brater Garza Rison Vaughn

Brewer Gieleghem Rivet Wojno

Callahan Hanley Schermesser Woodward

Clark, I. Jacobs Scott

In The Chair: Scranton

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

"An act to provide for the incorporation of cities and for revising and amending their charters; to provide for certain powers and duties; to provide for the levy and collection of taxes by cities, borrowing of money, and issuance of bonds or other evidences of indebtedness; to validate actions taken, bonds issued, and obligations heretofore incurred; to prescribe penalties and provide remedies; and to repeal acts and parts of acts on specific dates,".

The House agreed to the full title.

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

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

Pending the Third Reading of

Senate Bill No. 1187, entitled

A bill to amend 1975 PA 238, entitled "Child protection law," by amending section 8 (MCL 722.628), as amended by 2000 PA 45.

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

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

Second Reading of Bills

Senate Bill No. 1187, entitled

A bill to amend 1975 PA 238, entitled "Child protection law," by amending section 8 (MCL 722.628), as amended by 2000 PA 45.

Rep. Birkholz moved to amend the bill as follows:

1. Amend page 7, following line 16, by inserting:

"Enacting section 1. This amendatory act takes effect January 1, 2001." and renumbering the remaining enacting section.

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

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

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

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

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

______

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

The motion prevailed.

Rep. Pappageorge moved that Rep. Geiger be excused temporarily from today's session.

The motion prevailed.

By unanimous consent the House returned to the order of

Third Reading of Bills

Senate Bill No. 1187, entitled

A bill to amend 1975 PA 238, entitled "Child protection law," by amending section 8 (MCL 722.628), as amended by 2000 PA 45.

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

Roll Call No. 648 Yeas--105

Allen Faunce Kuipers Rison

Baird Frank Kukuk Rivet

Basham Garcia LaForge Rocca

Birkholz Garza LaSata Sanborn

Bisbee Gieleghem Law Schauer

Bishop Gilbert Lemmons Schermesser

Bogardus Godchaux Lockwood Scott

Bovin Gosselin Mans Scranton

Bradstreet Green Martinez Shackleton

Brater Hager Mead Sheltrown

Brewer Hale Middaugh Shulman

Brown, B. Hansen Minore Spade

Brown, C. Hardman Mortimer Stallworth

Byl Hart Neumann Stamas

Callahan Howell O'Neil Switalski

Cassis Jacobs Pappageorge Tabor

Caul Jamnick Patterson Tesanovich

Cherry Jansen Pestka Toy

Clark, I. Jelinek Price Van Woerkom

Clarke, H. Jellema Prusi Vander Roest

Daniels Johnson, Rick Pumford Vaughn

DeHart Johnson, Ruth Quarles Vear

Dennis Julian Raczkowski Voorhees

DeRossett Kelly Reeves Wojno

DeVuyst Koetje Richardville Woodward

DeWeese Kowall Richner Woronchak

Ehardt

Nays--0

In The Chair: Scranton

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

"An act to require the reporting of child abuse and neglect by certain persons; to permit the reporting of child abuse and neglect by all persons; to provide for the protection of children who are abused or neglected; to authorize limited detainment in protective custody; to authorize medical examinations; to prescribe the powers and duties of the state department of social services to prevent child abuse and neglect; to prescribe certain powers and duties of local law enforcement agencies; to safeguard and enhance the welfare of children and preserve family life; to provide for the appointment of legal counsel; to provide for the abrogation of privileged communications; to provide civil and criminal immunity for certain persons; to provide rules of evidence in certain cases; to provide for confidentiality of records; to provide for the expungement of certain records; to prescribe penalties; and to repeal certain acts and parts of acts,".

The House agreed to the full title.

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

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

Second Reading of Bills

Senate Bill No. 1052, entitled

A bill to amend 1939 PA 288, entitled "Probate code of 1939," by amending section 19b of chapter XIIA (MCL 712A.19b), as amended by 2000 PA 46, and by adding chapter XII.

Was read a second time, and the question being on the adoption of the proposed amendments previously recommended by the Committee on Family and Civil Law (for amendments, see House Journal No. 49, p. 1274),

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

Rep. Birkholz moved to amend the bill as follows:

1. Amend page 18, following line 26, by inserting:

"Enacting section 2. This amendatory act takes effect January 1, 2001." and renumbering the remaining enacting section.

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

Rep. Lockwood moved to amend the bill as follows:

1. Amend page 11, following line 2, by inserting:

"SEC. 18. THE DEPARTMENT SHALL PROVIDE AN ANNUAL REPORT THAT SHALL INCLUDE THE TOTAL NUMBER OF SURRENDERED INFANTS, TOTAL NUMBER OF REFERRALS MADE TO PROTECTIVE SERVICES, TOTAL NUMBER OF SUBSTANTIATED AND UNSUBSTANTIATED PROTECTIVE SERVICES REFERRALS, TOTAL NUMBER OF ADOPTIONS INITIATED AND THE TOTAL NUMBER OF ADOPTIONS FINALIZED, THE TOTAL NUMBER OF RECLAIM REQUESTS, AND THE TOTAL NUMBER OF INFANTS RETURNED, THE TOTAL NUMBER OF RETURNED INFANTS RECEIVING REUNIFICATION SERVICES.".

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

Rep. Lockwood demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 649 Yeas--51

Basham Frank Lockwood Schauer

Bogardus Garza Mans Schermesser

Bovin Gieleghem Martinez Scott

Brater Hale Minore Sheltrown

Brewer Hanley Neumann Spade

Brown, B. Hansen O'Neil Stallworth

Callahan Hardman Pestka Switalski

Cherry Jacobs Price Tesanovich

Clark, I. Jamnick Prusi Thomas

Clarke, H. Kelly Quarles Vaughn

Daniels Kilpatrick Reeves Wojno

DeHart LaForge Rison Woodward

Dennis Lemmons Rivet

Nays--58

Allen Garcia Kowall Richner

Baird Gilbert Kuipers Rocca

Birkholz Godchaux Kukuk Sanborn

Bisbee Gosselin LaSata Scranton

Bishop Green Law Shackleton

Bradstreet Hager Mead Shulman

Brown, C. Hart Middaugh Stamas

Byl Howell Mortimer Tabor

Cassis Jansen Pappageorge Toy

Caul Jelinek Patterson Van Woerkom

DeRossett Jellema Perricone Vander Roest

DeVuyst Johnson, Rick Pumford Vear

DeWeese Johnson, Ruth Raczkowski Voorhees

Ehardt Julian Richardville Woronchak

Faunce Koetje

In The Chair: Scranton

______

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

The motion prevailed.

Rep. Lockwood moved to amend the bill as follows:

1. Amend page 6, line 4, after "5." by striking out all of subsection (1) and renumbering the remaining subsections.

2. Amend page 6, line 22, after "SUBSECTION" by striking out "(2)" and inserting "(1)".

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

Rep. Lockwood demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 650 Yeas--48

Basham Dennis Lemmons Rivet

Bogardus Frank Lockwood Schauer

Bovin Garza Mans Schermesser

Brater Gieleghem Martinez Scott

Brewer Hale Minore Sheltrown

Brown, B. Hanley O'Neil Stallworth

Callahan Hansen Pestka Switalski

Cherry Hardman Price Tesanovich

Clark, I. Jacobs Prusi Thomas

Clarke, H. Jamnick Quarles Vaughn

Daniels Kelly Reeves Wojno

DeHart Kilpatrick Rison Woodward

Nays--58

Allen Garcia Kowall Richner

Baird Gilbert Kuipers Rocca

Birkholz Godchaux Kukuk Sanborn

Bisbee Gosselin LaSata Scranton

Bishop Green Law Shackleton

Bradstreet Hager Mead Shulman

Brown, C. Hart Middaugh Spade

Byl Howell Mortimer Stamas

Cassis Jansen Pappageorge Tabor

Caul Jelinek Patterson Van Woerkom

DeRossett Jellema Perricone Vander Roest

DeVuyst Johnson, Rick Pumford Vear

DeWeese Johnson, Ruth Raczkowski Voorhees

Ehardt Julian Richardville Woronchak

Faunce Koetje

In The Chair: Scranton

Rep. Jacobs moved to amend the bill as follows:

1. Amend page 2, following line 26, by inserting:

"(M) "REUNIFICATION SERVICES" MEANS IN-HOME INTENSIVE SERVICES." and relettering the remaining subdivision.

2. Amend page 10, line 16, after "PARENT" by striking out the balance of the subdivision and inserting a period and "UPON GRANTING CUSTODY, THE COURT SHALL REFER THE FAMILY TO THE FAMILY INDEPENDENCE AGENCY FOR REUNIFICATION SERVICES. THE COURT SHALL RETAIN JURISDICTION OVER THE NEWBORN UNTIL THE REUNIFICATION PROGRAM IS COMPLETED AND A PROGRESS REPORT IS FILED WITH THE COURT.".

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

Rep. Jacobs demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 651 Yeas--48

Basham Frank Lockwood Rivet

Bogardus Garza Mans Schauer

Bovin Gieleghem Martinez Schermesser

Brater Hale Minore Scott

Brown, B. Hanley Neumann Sheltrown

Callahan Hansen O'Neil Spade

Cherry Hardman Pestka Stallworth

Clark, I. Jacobs Price Tesanovich

Clarke, H. Jamnick Prusi Thomas

Daniels Kelly Quarles Vaughn

DeHart LaForge Reeves Wojno

Dennis Lemmons Rison Woodward

Nays--59

Allen Garcia Kowall Rocca

Baird Gilbert Kuipers Sanborn

Birkholz Godchaux Kukuk Scranton

Bisbee Gosselin LaSata Shackleton

Bishop Green Law Shulman

Bradstreet Hager Mead Stamas

Brown, C. Hart Middaugh Switalski

Byl Howell Mortimer Tabor

Cassis Jansen Pappageorge Toy

Caul Jelinek Patterson Van Woerkom

DeRossett Jellema Perricone Vander Roest

DeVuyst Johnson, Rick Pumford Vear

DeWeese Johnson, Ruth Raczkowski Voorhees

Ehardt Julian Richardville Woronchak

Faunce Koetje Richner

In The Chair: Scranton

Rep. Birkholz moved to amend the bill as follows:

1. Amend page 8, line 22, by striking out all of section 11 and inserting:

"SEC. 11. (1) IN A CUSTODY ACTION FILED UNDER THIS CHAPTER, THE COURT SHALL ORDER THAT EACH PARTY CLAIMING PATERNITY OR MATERNITY AND THE CHILD SUBMIT TO BLOOD OR TISSUE TYPING DETERMINATIONS, WHICH MAY INCLUDE, BUT ARE NOT LIMITED TO, DETERMINATIONS OF RED CELL ANTIGENS, RED CELL ISOENZYMES, HUMAN LEUKOCYTE ANTIGENS, SERUM PROTEINS, OR DNA IDENTIFICATION PROFILING, TO DETERMINE WHETHER EACH PARTY IS LIKELY TO BE, OR IS NOT, A BIOLOGICAL PARENT OF THE CHILD. IF THE COURT ORDERS A BLOOD OR TISSUE TYPING OR DNA IDENTIFICATION PROFILING TO BE CONDUCTED AND A PARTY REFUSES TO SUBMIT TO THE TYPING OR DNA IDENTIFICATION PROFILING, IN ADDITION TO ANY OTHER REMEDIES AVAILABLE, THE COURT MAY DO EITHER OF THE FOLLOWING:

(A) DISMISS THE CUSTODY ACTION IN REGARD TO THE PARTY WHO REFUSES.

(B) IF A HEARING IS HELD, ALLOW THE DISCLOSURE OF THE FACT OF THE REFUSAL UNLESS GOOD CAUSE IS SHOWN FOR NOT DISCLOSING THE FACT OF REFUSAL.

(2) A BLOOD OR TISSUE TYPING OR DNA IDENTIFICATION PROFILING SHALL BE CONDUCTED BY A PERSON ACCREDITED FOR PATERNITY OR MATERNITY DETERMINATIONS BY A NATIONALLY RECOGNIZED SCIENTIFIC ORGANIZATION, INCLUDING, BUT NOT LIMITED TO, THE AMERICAN ASSOCIATION OF BLOOD BANKS.

(3) THE COURT SHALL FIX THE COMPENSATION OF AN EXPERT AT A REASONABLE AMOUNT. EXCEPT FOR AN INDIVIDUAL WHO THE COURT DETERMINES IS INDIGENT, THE COURT SHALL DIRECT EACH PARTY CLAIMING PATERNITY OR MATERNITY TO PAY THE COMPENSATION FOR HIS OR HER OWN TESTING PLUS A PORTION OF THE COMPENSATION FOR TESTING THE CHILD EQUAL TO THE TOTAL AMOUNT DIVIDED BY THE NUMBER OF PARTIES CLAIMING PATERNITY AND MATERNITY. BEFORE BLOOD OR TISSUE TYPING OR DNA IDENTIFICATION PROFILING IS CONDUCTED, THE COURT MAY ORDER A PART OR ALL OF THE COMPENSATION PAID IN ADVANCE. DOCUMENTATION OF THE GENETIC TESTING EXPENSES IS ADMISSIBLE AS EVIDENCE OF THE AMOUNT, WHICH EVIDENCE CONSTITUTES PRIMA FACIE EVIDENCE OF THE AMOUNT OF THOSE EXPENSES WITHOUT THIRD PARTY FOUNDATION TESTIMONY.

SEC. 12. (1) SUBJECT TO SUBSECTION (2), THE RESULT OF BLOOD OR TISSUE TYPING OR A DNA IDENTIFICATION PROFILE MADE UNDER THIS CHAPTER AND THE SUMMARY REPORT SHALL BE SERVED ON THE PARTY WHO WAS THE TEST SUBJECT. THE SUMMARY REPORT SHALL BE FILED WITH THE COURT. OBJECTION TO THE DNA IDENTIFICATION PROFILE OR SUMMARY REPORT IS WAIVED UNLESS MADE IN WRITING, SETTING FORTH THE SPECIFIC BASIS FOR THE OBJECTION, WITHIN 14 CALENDAR DAYS AFTER SERVICE ON THE PARTY. THE COURT SHALL NOT SCHEDULE A HEARING ON THE ISSUE OF PATERNITY OR MATERNITY UNTIL AFTER THE EXPIRATION OF THE 14-DAY PERIOD. IF AN OBJECTION IS NOT FILED, THE COURT SHALL ADMIT IN PROCEEDINGS UNDER THIS CHAPTER THE RESULT OF THE BLOOD OR TISSUE TYPING OR THE DNA IDENTIFICATION PROFILE AND THE SUMMARY REPORT WITHOUT REQUIRING FOUNDATION TESTIMONY OR OTHER PROOF OF AUTHENTICITY OR ACCURACY. IF AN OBJECTION IS FILED WITHIN THE 14-DAY PERIOD AND ON THE MOTION OF A PARTY, THE COURT SHALL HOLD A HEARING TO DETERMINE THE ADMISSIBILITY OF THE DNA IDENTIFICATION PROFILE OR SUMMARY REPORT. THE OBJECTING PARTY HAS THE BURDEN OF PROVING BY CLEAR AND CONVINCING EVIDENCE BY A QUALIFIED PERSON DESCRIBED IN SECTION 11 OF THIS CHAPTER THAT FOUNDATION TESTIMONY OR OTHER PROOF OF AUTHENTICITY OR ACCURACY IS NECESSARY FOR ADMISSION OF THE DNA IDENTIFICATION PROFILE OR SUMMARY REPORT.

(2) IF THE PROBABILITY OF PATERNITY OR MATERNITY DETERMINED BY THE QUALIFIED PERSON DESCRIBED IN SECTION 11 OF THIS CHAPTER CONDUCTING THE BLOOD OR TISSUE TYPING OR DNA IDENTIFICATION PROFILING IS 99% OR HIGHER, AND THE DNA IDENTIFICATION PROFILE AND SUMMARY REPORT ARE ADMISSIBLE AS PROVIDED IN SUBSECTION (1), PATERNITY OR MATERNITY IS PRESUMED. IF THE RESULTS OF THE ANALYSIS OF GENETIC TESTING MATERIAL FROM 2 OR MORE PERSONS INDICATE A PROBABILITY OF PATERNITY OR MATERNITY GREATER THAN 99%, THE CONTRACTING LABORATORY SHALL CONDUCT ADDITIONAL GENETIC TESTING UNTIL ALL BUT 1 OF THE PUTATIVE FATHERS OR PUTATIVE MOTHERS IS ELIMINATED, UNLESS THE DISPUTE INVOLVES 2 OR MORE PUTATIVE FATHERS OR PUTATIVE MOTHERS WHO HAVE IDENTICAL DNA.

(3) UPON THE ESTABLISHMENT OF THE PRESUMPTION OF PATERNITY OR MATERNITY AS PROVIDED IN SUBSECTION (2), THE PARTY WHO HAS THE BENEFIT OF THE PRESUMPTION MAY MOVE FOR SUMMARY DISPOSITION UNDER THE COURT RULES ON THE ISSUE OF HIS PATERNITY OR HER MATERNITY.

SEC. 13. (1) EXCEPT AS AUTHORIZED UNDER THIS CHAPTER, A PERSON SHALL NOT DISCLOSE INFORMATION OBTAINED FROM GENETIC TESTING THAT IS AUTHORIZED UNDER THIS CHAPTER.

(2) IF A PARTY WHO IS TESTED AS PART OF AN ACTION UNDER THIS CHAPTER IS FOUND TO BE THE CHILD'S BIOLOGICAL PARENT, THE CONTRACTING LABORATORY SHALL RETAIN THE GENETIC TESTING MATERIAL OF THE PARENT AND THE CHILD FOR NO LONGER THAN THE PERIOD OF YEARS PRESCRIBED BY THE NATIONAL STANDARDS UNDER WHICH THE LABORATORY IS ACCREDITED. IF A PARTY IS FOUND NOT TO BE THE CHILD'S BIOLOGICAL PARENT, THE CONTRACTING LABORATORY SHALL DESTROY THE PARTY'S GENETIC TESTING MATERIAL AFTER IT IS USED IN THE ACTION, IN COMPLIANCE WITH SECTION 13811 OF THE PUBLIC HEALTH CODE, 1978 PA 368, MCL 333.13811, AND IN THE PRESENCE OF A WITNESS. THE WITNESS MAY BE AN INDIVIDUAL WHO IS A PARTY TO THE DESTRUCTION OF THE GENETIC TESTING MATERIAL. AFTER THE GENETIC TESTING MATERIAL IS DESTROYED, THE CONTRACTING LABORATORY SHALL MAKE AND KEEP A WRITTEN RECORD OF THE DESTRUCTION AND HAVE THE INDIVIDUAL WHO WITNESSED THE DESTRUCTION SIGN THE RECORD. THE CONTRACTING LABORATORY SHALL ALSO EXPUNGE THE CONTRACTING LABORATORY'S RECORDS REGARDING THE GENETIC TESTING PERFORMED ON THE GENETIC TESTING MATERIAL IN ACCORDANCE WITH THE NATIONAL STANDARDS UNDER WHICH THE LABORATORY IS ACCREDITED. THE CONTRACTING LABORATORY SHALL RETAIN THE GENETIC TESTING MATERIAL OF THE CHILD FOR NO LONGER THAN THE PERIOD OF YEARS PRESCRIBED BY THE NATIONAL STANDARDS UNDER WHICH THE LABORATORY IS ACCREDITED. AFTER A CONTRACTING LABORATORY DESTROYS AN INDIVIDUAL'S GENETIC TESTING MATERIAL AS PROVIDED IN THIS SUBSECTION, IT SHALL NOTIFY THE ADULT INDIVIDUAL, OR THE PARENT OR LEGAL GUARDIAN OF A MINOR INDIVIDUAL, BY CERTIFIED MAIL THAT THE GENETIC TESTING MATERIAL WAS DESTROYED.

(3) A CONTRACTING LABORATORY OR ANOTHER ENTITY INVOLVED WITH THE GENETIC TESTING ARE ALL REQUIRED TO PROTECT THE CONFIDENTIALITY OF GENETIC TESTING MATERIAL, EXCEPT AS REQUIRED FOR A PATERNITY OR MATERNITY DETERMINATION UNDER THIS CHAPTER. THE COURT AND ITS OFFICERS SHALL NOT USE OR DISCLOSE GENETIC TESTING MATERIAL FOR A PURPOSE OTHER THAN THE PATERNITY OR MATERNITY DETERMINATION AS AUTHORIZED BY THIS CHAPTER.

(4) A PERSON SHALL NOT SELL, TRANSFER, OR OFFER GENETIC TESTING MATERIAL OBTAINED UNDER THIS CHAPTER EXCEPT AS AUTHORIZED BY THIS CHAPTER.

(5) A CONTRACTING LABORATORY SHALL ANNUALLY CAUSE TO BE CONDUCTED AN INDEPENDENT AUDIT VERIFYING THE CONTRACTING LABORATORY'S COMPLIANCE WITH THIS SECTION AND SECTIONS 11 AND 12 OF THIS CHAPTER. THE AUDIT SHALL NOT DISCLOSE THE NAMES OF, OR OTHERWISE IDENTIFY, THE TEST SUBJECTS REQUIRED TO SUBMIT TO BLOOD OR TISSUE TYPING OR DNA IDENTIFICATION PROFILING UNDER SECTION 11 OF THIS CHAPTER DURING THE PREVIOUS YEAR. THE CONTRACTING LABORATORY SHALL FORWARD THE AUDIT TO THE DEPARTMENT OF CONSUMER AND INDUSTRY SERVICES.

(6) A VIOLATION OF THIS SECTION IS A MISDEMEANOR PUNISHABLE BY A FINE OF NOT MORE THAN $5,000.00. A SECOND OR SUBSEQUENT VIOLATION OF THIS SECTION IS A MISDEMEANOR PUNISHABLE BY IMPRISONMENT FOR NOT MORE THAN 1 YEAR OR A FINE OF NOT MORE THAN $10,000.00, OR BOTH.".

2. Amend page 9, line 11, after "SEC." by striking out "12" and inserting "14".

3. Amend page 10, line 12, after "SEC." by striking out "13" and inserting "15".

4. Amend page 10, line 13, after "SECTION" by striking out "12" and inserting "14".

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

______

Rep. LaForge moved that Rep. Kelly be excused temporarily from today's session.

The motion prevailed.

Rep. Jacobs moved to amend the bill as follows:

1. Amend page 9, following line 10, by inserting:

"(D) THE COURT SHALL ORDER THAT EACH PARENT ATTEMPTING TO RECLAIM A SURRENDERED NEWBORN BE EVALUATED TO DETERMINE THE NEED FOR PSYCHIATRIC OR PSYCHOLOGICAL TREATMENT. IF THE COURT DETERMINES THAT PSYCHIATRIC OR PSYCHOLOGICAL TREATMENT IS APPROPRIATE FOR THAT PARENT, THE COURT MAY ORDER THAT TREATMENT.".

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

Rep. Jacobs demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 652 Yeas--49

Basham Hale Law Rivet

Bogardus Hanley Lemmons Schauer

Bovin Hansen Lockwood Schermesser

Brater Hardman Mans Scott

Brown, B. Hart Minore Sheltrown

Callahan Jacobs Neumann Spade

Clark, I. Jamnick O'Neil Stallworth

Clarke, H. Jellema Patterson Tesanovich

DeHart Kilpatrick Pestka Thomas

Dennis Koetje Quarles Vaughn

Frank Kowall Reeves Wojno

Garza LaForge Rison Woodward

Gieleghem

Nays--53

Allen Faunce Julian Sanborn

Baird Garcia Kuipers Scranton

Birkholz Geiger Kukuk Shackleton

Bisbee Gilbert LaSata Shulman

Bishop Godchaux Mead Stamas

Bradstreet Gosselin Middaugh Switalski

Brown, C. Green Mortimer Tabor

Byl Hager Pappageorge Toy

Cassis Howell Pumford Van Woerkom

Caul Jansen Raczkowski Vander Roest

DeRossett Jelinek Richardville Vear

DeVuyst Johnson, Rick Richner Voorhees

DeWeese Johnson, Ruth Rocca Woronchak

Ehardt

In The Chair: Scranton

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

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

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

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

By unanimous consent the House returned to the order of

Third Reading of Bills

Senate Bill No. 1052, entitled

A bill to amend 1939 PA 288, entitled "Probate code of 1939," by amending section 19b of chapter XIIA (MCL 712A.19b), as amended by 2000 PA 46, and by adding chapter XII.

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

Roll Call No. 653 Yeas--109

Allen Frank Kowall Rison

Baird Garcia Kuipers Rivet

Basham Garza Kukuk Rocca

Birkholz Geiger LaForge Sanborn

Bisbee Gieleghem LaSata Schauer

Bishop Gilbert Law Schermesser

Bogardus Godchaux Lemmons Scott

Bovin Gosselin Lockwood Scranton

Bradstreet Green Mans Shackleton

Brater Hager Martinez Sheltrown

Brewer Hale Mead Shulman

Brown, B. Hanley Middaugh Spade

Brown, C. Hansen Minore Stallworth

Byl Hardman Mortimer Stamas

Callahan Hart Neumann Switalski

Cassis Howell O'Neil Tabor

Caul Jacobs Pappageorge Tesanovich

Cherry Jamnick Patterson Thomas

Clark, I. Jansen Perricone Toy

Clarke, H. Jelinek Pestka Van Woerkom

Daniels Jellema Price Vander Roest

DeHart Johnson, Rick Prusi Vaughn

Dennis Johnson, Ruth Pumford Vear

DeRossett Julian Quarles Voorhees

DeVuyst Kelly Raczkowski Wojno

DeWeese Kilpatrick Richardville Woodward

Ehardt Koetje Richner Woronchak

Faunce

Nays--1

Reeves

In The Chair: Scranton

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

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

A bill to amend 1939 PA 288, entitled "An act to revise and consolidate the statutes relating to certain aspects of the family division of circuit court, to the jurisdiction, powers, and duties of the family division of circuit court and its judges and other officers, to the change of name of adults and children, and to the adoption of adults and children; to prescribe certain jurisdiction, powers, and duties of the family division of circuit court and its judges and other officers; to prescribe the manner and time within which certain actions and proceedings may be brought in the family division of the circuit court; to prescribe pleading, evidence, practice, and procedure in certain actions and proceedings in the family division of circuit court; to provide for appeals from certain actions in the family division of circuit court; to prescribe the powers and duties of certain state departments, agencies, and officers; and to provide remedies and penalties," by amending the title and section 19b of chapter XIIA (MCL 712A.19b), the title as amended by 1997 PA 163 and section 19b of chapter XIIA as amended by 2000 PA 46, and by adding chapter XII.

The motion prevailed.

The House agreed to the title as amended.

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

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

Second Reading of Bills

Senate Bill No. 1053, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 135 (MCL 750.135).

The bill was read a second time.

Rep. Jacobs moved to amend the bill as follows:

1. Amend page 1, line 9, after "NEGLECT" by striking out the balance of the line through "SURRENDERED" on line 11 and inserting "AN INDIVIDUAL SHALL NOT BE PROSECUTED UNDER SUBSECTION (1) FOR SURRENDERING A CHILD WHO WAS NOT MORE THAN 72 HOURS OLD AND HAS NO SIGNS OF ABUSE OR NEGLECT.".

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

Rep. Jacobs demanded the yeas and nays.

The demand was supported.

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

After debate,

Rep. Raczkowski demanded the previous question.

The demand was supported.

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

The previous question was ordered.

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

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

Roll Call No. 654 Yeas--50

Baird Dennis Lockwood Schauer

Basham Frank Mans Schermesser

Bogardus Garza Martinez Scott

Bovin Gieleghem Minore Sheltrown

Brater Hale Neumann Spade

Brewer Hanley O'Neil Stallworth

Brown, B. Hansen Pestka Switalski

Callahan Hardman Price Tesanovich

Cherry Jacobs Prusi Thomas

Clark, I. Kelly Quarles Vaughn

Clarke, H. Kilpatrick Rison Wojno

Daniels LaForge Rivet Woodward

DeHart Lemmons

Nays--59

Allen Geiger Kowall Richner

Birkholz Gilbert Kuipers Rocca

Bisbee Godchaux Kukuk Sanborn

Bishop Gosselin LaSata Scranton

Bradstreet Green Law Shackleton

Brown, C. Hager Mead Shulman

Byl Hart Middaugh Stamas

Cassis Howell Mortimer Tabor

Caul Jansen Pappageorge Toy

DeRossett Jelinek Patterson Van Woerkom

DeVuyst Jellema Perricone Vander Roest

DeWeese Johnson, Rick Pumford Vear

Ehardt Johnson, Ruth Raczkowski Voorhees

Faunce Julian Reeves Woronchak

Garcia Koetje Richardville

In The Chair: Scranton

Rep. Birkholz moved to amend the bill as follows:

1. Amend page 2, following line 19, by inserting:

"Enacting section 2. This amendatory act takes effect January 1, 2001." and renumbering the remaining enacting section.

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

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

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

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

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

By unanimous consent the House returned to the order of

Third Reading of Bills

Senate Bill No. 1053, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 135 (MCL 750.135).

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

Roll Call No. 655 Yeas--110

Allen Frank Kuipers Rison

Baird Garcia Kukuk Rivet

Basham Garza LaForge Rocca

Birkholz Geiger LaSata Sanborn

Bisbee Gieleghem Law Schauer

Bishop Gilbert Lemmons Schermesser

Bogardus Godchaux Lockwood Scott

Bovin Gosselin Mans Scranton

Bradstreet Green Martinez Shackleton

Brater Hager Mead Sheltrown

Brewer Hale Middaugh Shulman

Brown, B. Hanley Minore Spade

Brown, C. Hansen Mortimer Stallworth

Byl Hardman Neumann Stamas

Callahan Hart O'Neil Switalski

Cassis Howell Pappageorge Tabor

Caul Jacobs Patterson Tesanovich

Cherry Jamnick Perricone Thomas

Clark, I. Jansen Pestka Toy

Clarke, H. Jelinek Price Van Woerkom

Daniels Jellema Prusi Vander Roest

DeHart Johnson, Rick Pumford Vaughn

Dennis Johnson, Ruth Quarles Vear

DeRossett Julian Raczkowski Voorhees

DeVuyst Kelly Reeves Wojno

DeWeese Kilpatrick Richardville Woodward

Ehardt Koetje Richner Woronchak

Faunce Kowall

Nays--0

In The Chair: Scranton

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

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

The House agreed to the full title.

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

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

By unanimous consent the House returned to the order of

Motions and Resolutions

Rep. Scott moved that the Committee on Criminal Law and Corrections be discharged from further consideration of House Bill No. 4396.

(For first notice see House Journal No. 50, p. 1374.)

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

Rep. Scott demanded the yeas and nays.

The demand was supported.

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

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

The motion prevailed.

Rep. Raczkowski moved that when the House adjourns today it stand adjourned until Thursday, June 1, at 10:00 a.m.

The motion prevailed.

Rep. Ruth Johnson moved that the House adjourn.

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

Associate Speaker Pro Tempore Scranton declared the House adjourned until Thursday, June 1, at 10:00 a.m.

GARY L. RANDALL

Clerk of the House of Representatives.