hj12061t.085

No. 85

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

91st Legislature

REGULAR SESSION OF 2001

House Chamber, Lansing, Thursday, December 6, 2001.

12:00 Noon.

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

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

Adamini--present

Allen--present

Anderson--present

Basham--present

Bernero--present

Birkholz--present

Bisbee--present

Bishop--present

Bogardus--present

Bovin--present

Bradstreet--present

Brown, Bob--present

Brown, Cameron--present

Brown, Rich--present

Callahan--present

Cassis--present

Caul--present

Clark--present

Clarke--present

Daniels--present

Dennis--excused

DeRossett--present

DeVuyst--present

DeWeese--present

Drolet--present

Ehardt--present

Faunce--present

Frank--present

Garza--e/d/s

George--present

Gieleghem--present

Gilbert--present

Godchaux--present

Gosselin--present

Hager--present

Hale--present

Hansen--present

Hardman--present

Hart--present

Howell--present

Hummel--present

Jacobs--present

Jamnick--present

Jansen--present

Jelinek--present

Johnson, Rick--present

Johnson, Ruth--present

Julian--present

Kilpatrick--excused

Koetje--present

Kolb--present

Kooiman--present

Kowall--present

Kuipers--present

LaSata--present

Lemmons--present

Lipsey--present

Lockwood--present

Mans--excused

McConico--present

Mead--present

Meyer--present

Middaugh--present

Minore--present

Mortimer--present

Murphy--present

Neumann--present

Newell--present

O'Neil--present

Pappageorge--present

Patterson--present

Pestka--present

Phillips--present

Plakas--present

Pumford--present

Quarles--present

Raczkowski--present

Reeves--present

Richardville--present

Richner--present

Rison--excused

Rivet--present

Rocca--present

Schauer--present

Schermesser--excused

Scranton--present

Shackleton--present

Sheltrown--present

Shulman--present

Spade--present

Stallworth--present

Stamas--present

Stewart--present

Switalski--present

Tabor--present

Thomas--present

Toy--present

Vander Roest--present

Vander Veen--present

Van Woerkom--present

Vear--present

Voorhees--present

Waters--present

Whitmer--present

Williams--present

Wojno--present

Woodward--present

Woronchak--present

Zelenko--present

e/d/s = entered during session

Rev. Norm Burger, Pastor of Shepherd of the Hills Evangelical Lutheran Church in Grand Ledge, offered the following invocation:

"I won't lead the assembly in a joint prayer today. I recognize that there are differences in our beliefs--coming from different religions or denominations as we do, some even coming from non-religious belief systems. What I would like to do today is thank you for the service that you render and communicate to you my pledge of ongoing support in my prayers for you.

As I prepared for today I was reminded of an important part in the Bible from 1 Timothy 2:1-3 that as a Christian and pastor I would like to share with you.

I urge then, first of all that requests, prayers, intercession and thanksgiving be made for everyone--for kings and all those in authority, that we may live peaceful and quiet lives in all godliness and holiness. This is good and pleases God our Savior who wants all men to be saved and come to a knowledge of the truth.

God is reminding me here of the blessing of government--I think with gratitude of you and your work because you are the people who help to provide us with a safe, ordered and free society which we can lead peaceful and ordered lives. God reminds us of our great blessings. Since September 11, we have appreciated this blessing a little bit more and taken it a little less lightly for granted. All along God has told us to treasure and cherish it and also to treasure and cherish you the people who help provide it for us. Especially during this Christmas season, as a Christian, I am grateful of the work that you do to preserve our freedom--since one of the greatest freedoms that we have is the freedom of religion. We have the freedom to practice our faith without hindrance. As a Christian, I have the privilege of celebrating the birth of my Savior and celebrating and worshiping a God who does want everyone to be saved. I believe He has sent his Son to achieve that wonderful and loving purpose.

In closing, I simply want to thank you for the service that you render to us everyday and for helping to preserve the freedoms that we enjoy in this country. I pledge to in my personal prayers and in the prayers of my congregation that I will continue to support you and lift you up before my God. God bless you and continue to bless the work that you do as our government leaders. Thank you."

______

Rep. Minore moved that Reps. Dennis, Kilpatrick, Mans, Rison and Schermesser be excused from today's session.

The motion prevailed.

Reports of Standing Committees

The Speaker laid before the House

Senate Concurrent Resolution No. 44.

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 Natural Resources State Fish Hatchery Renovations Oden Project.

(For text of resolution, see House Journal No. 81, p. 2471.)

(The concurrent resolution was reported by the Committee on Appropriations on December 5, 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. 682 Yeas--103

Adamini Frank Lemmons Schauer

Allen George Lipsey Scranton

Anderson Gieleghem Lockwood Shackleton

Basham Gilbert McConico Sheltrown

Bernero Godchaux Mead Shulman

Birkholz Gosselin Meyer Spade

Bisbee Hager Middaugh Stallworth

Bishop Hale Minore Stamas

Bogardus Hansen Mortimer Stewart

Bovin Hardman Murphy Switalski

Bradstreet Hart Neumann Tabor

Brown, B. Howell Newell Thomas

Brown, C. Hummel O'Neil Toy

Brown, R. Jacobs Pappageorge Van Woerkom

Callahan Jamnick Patterson Vander Roest

Cassis Jansen Pestka Vander Veen

Caul Jelinek Phillips Vear

Clark, I. Johnson, Rick Plakas Voorhees

Clarke, H. Johnson, Ruth Pumford Waters

Daniels Julian Quarles Whitmer

DeRossett Koetje Raczkowski Williams

DeVuyst Kolb Reeves Wojno

DeWeese Kooiman Richardville Woodward

Drolet Kowall Richner Woronchak

Ehardt Kuipers Rivet Zelenko

Faunce LaSata Rocca

Nays--0

In The Chair: Ehardt

The Speaker laid before the House

Senate Concurrent Resolution No. 45.

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 Grand Rapids Community College relative to the Grand Rapids Community College Main Building Renovation.

(For text of resolution, see House Journal No. 81, p. 2472.)

(The concurrent resolution was reported by the Committee on Appropriations on December 5, 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. 683 Yeas--102

Adamini Frank Lemmons Rocca

Allen George Lipsey Schauer

Anderson Gieleghem Lockwood Scranton

Basham Gilbert McConico Shackleton

Bernero Godchaux Mead Sheltrown

Birkholz Gosselin Meyer Shulman

Bisbee Hager Middaugh Spade

Bishop Hale Minore Stallworth

Bogardus Hansen Mortimer Stamas

Bovin Hardman Murphy Stewart

Bradstreet Hart Neumann Switalski

Brown, B. Howell Newell Tabor

Brown, C. Hummel O'Neil Toy

Brown, R. Jacobs Pappageorge Van Woerkom

Callahan Jamnick Patterson Vander Roest

Cassis Jansen Pestka Vander Veen

Caul Jelinek Phillips Vear

Clark, I. Johnson, Rick Plakas Voorhees

Clarke, H. Johnson, Ruth Pumford Waters

Daniels Julian Quarles Whitmer

DeRossett Koetje Raczkowski Williams

DeVuyst Kolb Reeves Wojno

DeWeese Kooiman Richardville Woodward

Drolet Kowall Richner Woronchak

Ehardt Kuipers Rivet Zelenko

Faunce LaSata

Nays--0

In The Chair: Ehardt

______

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

The motion prevailed.

Announcement by the Clerk of Printing and Enrollment

The Clerk announced that the following Senate bill had been received on Thursday, December 6:

Senate Bill No. 527

By unanimous consent the House returned to the order of

Messages from the Senate

House Bill No. 4621, entitled

A bill to amend 1992 PA 147, entitled "Neighborhood enterprise zone act," by amending sections 2, 3, 9, 10, 11, and 12 (MCL 207.772, 207.773, 207.779, 207.780, 207.781, and 207.782), section 9 as amended by 1996 PA 449 and section 12 as amended by 1994 PA 391; 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 amended the title to read as follows:

A bill to amend 1992 PA 147, entitled "An act to provide for the development and rehabilitation of residential housing; to provide for the creation of neighborhood enterprise zones; to provide for obtaining neighborhood enterprise zone certificates for a period of time and to prescribe the contents of the certificates; to provide for the exemption of certain taxes; to provide for the levy and collection of a specific tax on the owner of certain facilities; and to prescribe the powers and duties of certain officers of the state and local governmental units," by amending sections 2, 3, 9, 10, 11, and 12 (MCL 207.772, 207.773, 207.779, 207.780, 207.781, and 207.782), section 9 as amended by 1996 PA 449, section 10 as amended by 2001 PA 158, and section 12 as amended by 1994 PA 391; and to repeal acts and parts of acts.

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

Senate Bill No. 527, entitled

A bill to amend 1998 PA 58, entitled "Michigan liquor control code of 1998," by amending section 205 (MCL 436.1205), as amended by 1998 PA 416, and by adding section 206.

The Senate has passed the bill.

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

Introduction of Bills

Reps. Woronchak, Raczkowski, Pappageorge, Clark, Clarke, Cassis and DeWeese introduced

House Bill No. 5480, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," (MCL 750.1 to 750.568) by adding section 297f.

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

Reps. Van Woerkom, Faunce, Hager, Jelinek, Meyer, Kooiman, Dennis, Hart, Mans and Birkholz introduced

House Bill No. 5481, entitled

A bill to amend 1976 PA 442, entitled "Freedom of information act," by amending section 13 (MCL 15.243), as amended by 2001 PA 74.

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

Reps. Allen, Bishop, Kuipers, Faunce, Woronchak, Howell, Gilbert, Patterson, Bisbee, Vander Roest, Van Woerkom, Stamas, Birkholz, Koetje, Shackleton, Ruth Johnson, Vear, Richardville, Rivet, Lipsey, DeRossett, Kolb and Toy introduced

House Bill No. 5482, entitled

A bill to provide for the formation, regulation, and registration of distance learning corporations; to prescribe their duties, rights, powers, immunities, and liabilities; and to provide for the powers and duties of certain state officers and entities.

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

Reps. Gilbert, Kuipers, Howell, Patterson, Bisbee, Vander Roest, Van Woerkom, Stamas, Birkholz, Koetje, Shackleton, Ruth Johnson, Vear, Richardville, Rivet, Lipsey, DeRossett, Kolb and Toy introduced

House Bill No. 5483, entitled

A bill to amend 1982 PA 162, entitled "Nonprofit corporation act," by amending section 124 (MCL 450.2124).

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

Quorum Call

Rep. Richardville 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. 684 Yeas--97

Adamini George LaSata Schauer

Allen Gieleghem Lemmons Scranton

Anderson Gilbert Lipsey Shackleton

Basham Godchaux Lockwood Sheltrown

Bernero Gosselin McConico Shulman

Birkholz Hager Mead Spade

Bisbee Hale Meyer Stallworth

Bishop Hansen Middaugh Stamas

Bogardus Hardman Mortimer Stewart

Bovin Hart Murphy Switalski

Bradstreet Howell Neumann Tabor

Brown, B. Hummel Newell Thomas

Brown, C. Jacobs Pappageorge Van Woerkom

Brown, R. Jamnick Patterson Vander Roest

Caul Jansen Pestka Vander Veen

Clark, I. Jelinek Phillips Vear

Clarke, H. Johnson, Rick Pumford Voorhees

Daniels Johnson, Ruth Quarles Waters

DeRossett Julian Raczkowski Whitmer

DeVuyst Koetje Reeves Williams

DeWeese Kolb Richardville Wojno

Drolet Kooiman Richner Woodward

Ehardt Kowall Rivet Woronchak

Faunce Kuipers Rocca Zelenko

Frank

In The Chair: Ehardt

By unanimous consent the House returned to the order of

Messages from the Senate

The Speaker laid before the House

House Bill No. 5341, entitled

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

(The bill was received from the Senate on December 4, with substitute (S-1) and immediate effect given by the Senate, consideration of which, under the rules, was postponed until December 5, see House Journal No. 83, p. 2520.)

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. 685 Yeas--87

Adamini Ehardt Lemmons Scranton

Allen Faunce Lockwood Shackleton

Anderson Frank McConico Sheltrown

Basham George Mead Shulman

Bernero Gieleghem Meyer Spade

Birkholz Gilbert Middaugh Stallworth

Bisbee Godchaux Mortimer Stamas

Bishop Gosselin Murphy Stewart

Bovin Hager Neumann Switalski

Bradstreet Hart Newell Tabor

Brown, B. Howell Pappageorge Thomas

Brown, C. Hummel Patterson Toy

Brown, R. Jansen Pestka Van Woerkom

Callahan Jelinek Phillips Vander Roest

Cassis Johnson, Rick Plakas Vander Veen

Caul Johnson, Ruth Pumford Vear

Clarke, H. Julian Raczkowski Voorhees

Daniels Koetje Reeves Whitmer

DeRossett Kooiman Richardville Wojno

DeVuyst Kowall Richner Woodward

DeWeese Kuipers Rocca Woronchak

Drolet LaSata Schauer

Nays--14

Bogardus Hardman Lipsey Rivet

Clark, I. Jacobs Minore Williams

Hale Jamnick Quarles Zelenko

Hansen Kolb

In The Chair: Ehardt

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

______

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

The motion prevailed.

The Speaker laid before the House

House Bill No. 5342, entitled

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

(The bill was received from the Senate on December 4, with substitute (S-1), full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until December 5, see House Journal No. 83, p. 2520.)

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. 686 Yeas--87

Nays--13

Bogardus Hardman Kolb Rivet

Clark, I. Jacobs Lipsey Williams

Hale Jamnick Minore Zelenko

Hansen

In The Chair: Ehardt

The House agreed to the full title of the bill.

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

By unanimous consent the House returned to the order of

Reports of Standing Committees

The Committee on House Oversight and Operations, by Rep. Howell, Vice-Chair, reported

House Joint Resolution E, entitled

A joint resolution proposing an amendment to the state constitution of 1963, by amending section 12 of article IV, to provide that the state officers compensation commission's determination of certain salaries and expense allowances become effective only upon approval by the legislature for the following legislative session.

With the recommendation that the substitute (H-1) be adopted and that the joint resolution then be adopted.

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

Favorable Roll Call

HJR E To Report Out:

Yeas: Reps. Howell, Kuipers, Jacobs, Lipsey,

Nays: None.

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Thursday, December 6, 2001, at 10:00 a.m.,

Present: Reps. Howell, Kuipers, Jacobs, Lipsey,

Absent: Rep. Patterson,

Excused: Rep. Patterson.

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

House Bill No. 5462, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending section 12522 (MCL 333.12522).

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 5462 To Report Out:

Yeas: Reps. Allen, Bishop, Bisbee, DeVuyst, Gilbert, Howell, Koetje, Middaugh, Van Woerkom, Vear, Thomas, Kolb, Lemmons, Lipsey, Rivet, Waters, Zelenko,

Nays: None.

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

Senate Bill No. 813, entitled

A bill to amend 1925 PA 17, entitled "An act to provide for the construction, improvement and maintenance of trunk line highways," by amending section 2 (MCL 250.62), as amended by 1987 PA 188.

The committee recommended that the bill be referred to the Committee on Transportation.

Favorable Roll Call

SB 813 To Report Out:

Yeas: Reps. Allen, Bishop, Gilbert, Koetje, Middaugh, Kolb, Lemmons, Lipsey, Rivet, Zelenko,

Nays: None.

The recommendation was concurred in and the bill was referred to the Committee on Transportation.

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Thursday, December 6, 2001, at 8:00 a.m.,

Present: Reps. Allen, Bishop, Bisbee, DeVuyst, Gilbert, Howell, Koetje, Middaugh, Van Woerkom, Vear, Thomas, Kolb, Lemmons, Lipsey, Rivet, Waters, Zelenko.

The Committee on Redistricting and Elections, by Rep. Patterson, Chair, reported

Senate Bill No. 173, entitled

A bill to amend 1954 PA 116, entitled "Michigan election law," by amending sections 2, 31, 73, 283, 393, 509y, 509aa, 558, 561, 561a, 590f, 686, 691, 706, 727, 737, 745, 769, 782b, 795, 795c, 799a, 803, 804, 842, 880a, 931, and 992 (MCL 168.2, 168.31, 168.73, 168.283, 168.393, 168.509y, 168.509aa, 168.558, 168.561, 168.561a, 168.590f, 168.686, 168.691, 168.706, 168.727, 168.737, 168.745, 168.769, 168.782b, 168.795, 168.795c, 168.799a, 168.803, 168.804, 168.842, 168.880a, 168.931, and 168.992), sections 2, 73, 283, 393, and 686 as amended by 1999 PA 216, section 31 as amended by 1999 PA 220, sections 509y and 509aa as added by 1994 PA 441, section 558 as amended by 1999 PA 217, section 590f as added by 1988 PA 116, sections 706 and 737 as amended by 1985 PA 160, sections 727 and 769 as amended by 1995 PA 261, section 795 as amended by 1999 PA 218, section 795c as amended by 1990 PA 109, sections 799a and 803 as amended by 1997 PA 137, and section 931 as amended by 1996 PA 583, and by adding sections 560b and 701; and to repeal acts and parts of acts.

With the recommendation that the substitute (H-3) be adopted and that the bill then pass.

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

Favorable Roll Call

SB 173 To Report Out:

Yeas: Reps. Patterson, Richner, Allen, Bishop, Cassis, Hart,

Nays: Reps. Quarles, Jamnick, Lemmons.

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Patterson, Chair of the Committee on Redistricting and Elections, was received and read:

Meeting held on: Thursday, December 6, 2001, at 10:30 a.m.,

Present: Reps. Patterson, Richner, Allen, Bishop, Cassis, Hart, Quarles, Jamnick, Lemmons.

Associate Speaker Pro Tempore Julian assumed the Chair.

Third Reading of Bills

House Bill No. 4994, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending section 16186 (MCL 333.16186), as amended by 1993 PA 80.

The bill was read a third time.

The question being on the passage of the bill,

Rep. George moved that the bill be re-referred to the Committee on Health Policy.

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

Rep. George demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 687 Yeas--4

Bernero George Stamas Vander Veen

Nays--96

Adamini Faunce Lemmons Rivet

Allen Frank Lipsey Rocca

Anderson Gieleghem Lockwood Schauer

Basham Gilbert McConico Scranton

Birkholz Godchaux Mead Shackleton

Bisbee Gosselin Meyer Sheltrown

Bishop Hager Middaugh Shulman

Bogardus Hale Minore Spade

Bovin Hansen Mortimer Stallworth

Bradstreet Hardman Murphy Stewart

Brown, B. Hart Neumann Switalski

Brown, C. Howell Newell Tabor

Brown, R. Hummel O'Neil Toy

Callahan Jacobs Pappageorge Van Woerkom

Cassis Jamnick Patterson Vander Roest

Caul Jansen Pestka Vear

Clark, I. Jelinek Phillips Voorhees

Clarke, H. Julian Plakas Waters

Daniels Koetje Pumford Whitmer

DeRossett Kolb Quarles Williams

DeVuyst Kooiman Raczkowski Wojno

DeWeese Kowall Reeves Woodward

Drolet Kuipers Richardville Woronchak

Ehardt LaSata Richner Zelenko

In The Chair: Julian

______

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

The motion prevailed.

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. 688 Yeas--85

Adamini Frank McConico Schauer

Allen Gieleghem Mead Scranton

Anderson Gilbert Meyer Shackleton

Basham Godchaux Minore Sheltrown

Bernero Gosselin Mortimer Shulman

Bisbee Hager Murphy Spade

Bogardus Hale Neumann Stallworth

Bovin Hansen Newell Stewart

Bradstreet Hardman O'Neil Switalski

Brown, B. Howell Pappageorge Tabor

Brown, C. Hummel Patterson Van Woerkom

Brown, R. Jacobs Pestka Vander Roest

Callahan Jamnick Phillips Vear

Cassis Jansen Plakas Voorhees

Clark, I. Jelinek Pumford Waters

Daniels Johnson, Ruth Quarles Whitmer

DeRossett Julian Reeves Williams

DeVuyst Kolb Richardville Wojno

DeWeese LaSata Richner Woodward

Drolet Lipsey Rivet Woronchak

Ehardt Lockwood Rocca Zelenko

Faunce

Nays--14

Birkholz Hart Kuipers Stamas

Bishop Koetje Middaugh Toy

Caul Kooiman Raczkowski Vander Veen

George Kowall

In The Chair: Julian

The House agreed to the title of the bill.

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

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

______

Associate Speaker Pro Tempore Ehardt resumed the Chair.

House Bill No. 5389, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 17 of chapter XVII (MCL 777.17), as amended by 2000 PA 300, and by adding sections 17b, 17c, 17d, 17f, and 17g to chapter XVII.

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

Roll Call No. 689 Yeas--101

Adamini Frank LaSata Rocca

Allen George Lemmons Schauer

Anderson Gieleghem Lipsey Scranton

Basham Gilbert Lockwood Shackleton

Bernero Godchaux McConico Sheltrown

Birkholz Gosselin Mead Shulman

Bisbee Hager Meyer Spade

Bishop Hale Middaugh Stallworth

Bogardus Hansen Minore Stamas

Bovin Hardman Mortimer Switalski

Bradstreet Hart Murphy Tabor

Brown, B. Howell Neumann Thomas

Brown, C. Hummel Newell Toy

Brown, R. Jacobs O'Neil Van Woerkom

Callahan Jamnick Pappageorge Vander Roest

Cassis Jansen Patterson Vander Veen

Caul Jelinek Pestka Vear

Clark, I. Johnson, Rick Phillips Voorhees

Clarke, H. Johnson, Ruth Plakas Waters

Daniels Julian Pumford Whitmer

DeRossett Koetje Raczkowski Williams

DeVuyst Kolb Reeves Wojno

DeWeese Kooiman Richardville Woodward

Drolet Kowall Richner Woronchak

Ehardt Kuipers Rivet Zelenko

Faunce

Nays--0

In The Chair: Ehardt

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

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

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 17 of chapter XVII (MCL 777.17), as amended by 2001 PA 136, and by adding sections 17b, 17c, 17d, 17f, and 17g to chapter XVII.

The motion prevailed.

The House agreed to the title as amended.

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

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

House Bill No. 5390, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 14 of chapter XVII (MCL 777.14), as amended by 2000 PA 363, and by adding sections 14a, 14b, 14c, 14d, 14f, 14g, 14h, 14j, 14m, and 14p to chapter XVII.

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

Roll Call No. 690 Yeas--98

Allen Frank Lipsey Rocca

Anderson George Lockwood Schauer

Basham Gieleghem McConico Scranton

Bernero Gilbert Mead Shackleton

Birkholz Gosselin Meyer Sheltrown

Bisbee Hager Middaugh Shulman

Bishop Hale Minore Spade

Bogardus Hansen Mortimer Stallworth

Bovin Hardman Murphy Stamas

Bradstreet Howell Neumann Stewart

Brown, B. Hummel Newell Switalski

Brown, C. Jacobs O'Neil Tabor

Brown, R. Jamnick Pappageorge Toy

Callahan Jansen Patterson Van Woerkom

Cassis Jelinek Pestka Vander Roest

Caul Johnson, Rick Phillips Vander Veen

Clark, I. Johnson, Ruth Plakas Vear

Clarke, H. Julian Pumford Voorhees

Daniels Koetje Quarles Waters

DeRossett Kolb Raczkowski Whitmer

DeVuyst Kooiman Reeves Williams

DeWeese Kowall Richardville Wojno

Drolet Kuipers Richner Woronchak

Ehardt LaSata Rivet Zelenko

Faunce Lemmons

Nays--0

In The Chair: Ehardt

The House agreed to the title of the bill.

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

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

House Bill No. 5391, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 13 of chapter XVII (MCL 777.13), as amended by 2001 PA 13, and by adding sections 13b, 13c, 13d, 13e, 13f, 13g, 13j, 13k, 13m, 13n, and 13p.

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

Roll Call No. 691 Yeas--102

Adamini Frank Lemmons Schauer

Allen George Lipsey Scranton

Anderson Gieleghem Lockwood Shackleton

Basham Gilbert McConico Sheltrown

Bernero Godchaux Mead Shulman

Birkholz Gosselin Meyer Spade

Bisbee Hager Middaugh Stallworth

Bishop Hale Minore Stamas

Bogardus Hansen Mortimer Stewart

Bovin Hardman Murphy Switalski

Bradstreet Hart Neumann Tabor

Brown, B. Howell Newell Thomas

Brown, C. Hummel O'Neil Toy

Brown, R. Jacobs Pappageorge Van Woerkom

Callahan Jamnick Patterson Vander Roest

Cassis Jansen Pestka Vander Veen

Caul Jelinek Plakas Vear

Clark, I. Johnson, Rick Pumford Voorhees

Clarke, H. Johnson, Ruth Quarles Waters

Daniels Julian Raczkowski Whitmer

DeRossett Koetje Reeves Williams

DeVuyst Kolb Richardville Wojno

DeWeese Kooiman Richner Woodward

Drolet Kowall Rivet Woronchak

Ehardt Kuipers Rocca Zelenko

Faunce LaSata

Nays--0

In The Chair: Ehardt

The House agreed to the title of the bill.

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

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

House Bill No. 5392, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 11 of chapter XVII (MCL 777.11), as amended by 2000 PA 492, and by adding sections 11a, 11b, 11c, 11d, and 11e to chapter XVII.

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

Roll Call No. 692 Yeas--103

Nays--0

In The Chair: Ehardt

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

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

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 11 of chapter XVII (MCL 777.11), as amended by 2001 PA 154, and by adding sections 11a, 11b, 11c, 11d, and 11e to chapter XVII.

The motion prevailed.

The House agreed to the title as amended.

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

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

House Bill No. 5393, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 12 of chapter XVII (MCL 777.12), as amended by 2001 PA 104, and by adding sections 12a, 12b, 12c, 12d, 12e, 12f, 12g, 12h, 12j, and 12k to chapter XVII.

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

Roll Call No. 693 Yeas--101

Adamini Frank LaSata Rocca

Allen George Lemmons Schauer

Anderson Gieleghem Lipsey Scranton

Basham Gilbert Lockwood Shackleton

Bernero Godchaux McConico Sheltrown

Birkholz Gosselin Mead Shulman

Bisbee Hager Meyer Spade

Bishop Hale Middaugh Stallworth

Bogardus Hansen Minore Stamas

Bovin Hardman Mortimer Stewart

Bradstreet Hart Murphy Switalski

Brown, B. Howell Neumann Tabor

Brown, C. Hummel Newell Toy

Brown, R. Jacobs O'Neil Van Woerkom

Callahan Jamnick Pappageorge Vander Roest

Cassis Jansen Patterson Vander Veen

Caul Jelinek Pestka Vear

Clark, I. Johnson, Rick Phillips Voorhees

Clarke, H. Johnson, Ruth Plakas Waters

Daniels Julian Pumford Whitmer

DeRossett Koetje Raczkowski Williams

DeVuyst Kolb Reeves Wojno

DeWeese Kooiman Richardville Woodward

Drolet Kowall Richner Woronchak

Ehardt Kuipers Rivet Zelenko

Faunce

Nays--0

In The Chair: Ehardt

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

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

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 12 of chapter XVII (MCL 777.12), as amended by 2001 PA 160, and by adding sections 12a, 12b, 12c, 12d, 12e, 12f, 12g, 12h, 12j, 12k, 12m, and 12n to chapter XVII.

The motion prevailed.

The House agreed to the title as amended.

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

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

Senate Bill No. 729, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," (MCL 600.101 to 600.9948) by adding sections 2950h, 2950i, 2950j, 2950k, and 2950l.

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

Roll Call No. 694 Yeas--102

Faunce LaSata

Nays--0

In The Chair: Ehardt

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

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

A bill to amend 1961 PA 236, entitled "An act to revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of such courts, and of the judges and other officers thereof; the forms and attributes of civil claims and actions; the time within which civil actions and proceedings may be brought in said courts; pleading, evidence, practice and procedure in civil and criminal actions and proceedings in said courts; to provide remedies and penalties for the violation of certain provisions of this act; to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act; and to repeal acts and parts of acts," (MCL 600.101 to 600.9948) by adding sections 2950h, 2950i, 2950j, and 2950k.

The motion prevailed.

The House agreed to the title as amended.

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

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

Senate Bill No. 731, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 15c of chapter IV (MCL 764.15c), as amended by 1999 PA 269.

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

Roll Call No. 695 Yeas--99

Adamini Frank LaSata Scranton

Allen George Lemmons Shackleton

Anderson Gieleghem Lipsey Sheltrown

Basham Gilbert Lockwood Shulman

Bernero Godchaux McConico Spade

Birkholz Gosselin Mead Stallworth

Bisbee Hager Meyer Stamas

Bishop Hale Middaugh Stewart

Bogardus Hansen Murphy Switalski

Bovin Hardman Neumann Tabor

Bradstreet Hart Newell Thomas

Brown, B. Howell O'Neil Toy

Brown, C. Hummel Pappageorge Van Woerkom

Brown, R. Jacobs Patterson Vander Roest

Callahan Jamnick Pestka Vander Veen

Cassis Jansen Phillips Vear

Clark, I. Jelinek Plakas Voorhees

Clarke, H. Johnson, Rick Pumford Waters

Daniels Johnson, Ruth Quarles Whitmer

DeRossett Julian Reeves Williams

DeVuyst Koetje Richardville Wojno

DeWeese Kolb Richner Woodward

Drolet Kooiman Rivet Woronchak

Ehardt Kowall Rocca Zelenko

Faunce Kuipers Schauer

Nays--0

In The Chair: Ehardt

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

trial; to provide for trials of persons complained of or indicted for criminal offenses and ordinance violations and to provide for the procedure in those trials; to provide for judgments and sentences of persons convicted of criminal offenses and ordinance violations; to establish a sentencing commission and to prescribe its powers and duties; to provide for procedure relating to new trials and appeals in criminal and ordinance violation cases; to provide a uniform system of probation throughout this state and the appointment of probation officers; to prescribe the powers, duties, and compensation of probation officers; to provide penalties for the violation of the duties of probation officers; to provide for procedure governing proceedings to prevent crime and proceedings for the discovery of crime; to provide for fees of officers, witnesses, and others in criminal and ordinance violation cases; to set forth miscellaneous provisions as to criminal procedure in certain cases; to provide penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act,".

The House agreed to the full title.

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

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

Senate Bill No. 735, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending sections 9c and 15a of chapter IV, section 4a of chapter IX, and section 9a of chapter X (MCL 764.9c, 764.15a, 769.4a, and 770.9a), section 9c of chapter IV as amended by 1999 PA 76, section 15a of chapter IV as amended by 1999 PA 269, section 4a of chapter IX as amended by 1994 PA 68, and section 9a of chapter X as amended by 1994 PA 195.

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

Roll Call No. 696 Yeas--100

Adamini Faunce LaSata Schauer

Allen Frank Lipsey Scranton

Anderson George Lockwood Shackleton

Basham Gieleghem Mead Sheltrown

Bernero Gilbert Meyer Shulman

Birkholz Godchaux Middaugh Spade

Bisbee Gosselin Minore Stallworth

Bishop Hager Mortimer Stamas

Bogardus Hale Murphy Stewart

Bovin Hansen Neumann Switalski

Bradstreet Hardman Newell Tabor

Brown, B. Hart O'Neil Thomas

Brown, C. Howell Pappageorge Toy

Brown, R. Hummel Patterson Van Woerkom

Callahan Jacobs Pestka Vander Roest

Cassis Jamnick Phillips Vander Veen

Caul Jansen Plakas Vear

Clark, I. Jelinek Pumford Voorhees

Clarke, H. Johnson, Rick Quarles Waters

Daniels Johnson, Ruth Raczkowski Whitmer

DeRossett Julian Reeves Williams

DeVuyst Koetje Richardville Wojno

DeWeese Kooiman Richner Woodward

Drolet Kowall Rivet Woronchak

Ehardt Kuipers Rocca Zelenko

Nays--0

In The Chair: Ehardt

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

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

A bill to amend 1927 PA 175, entitled "An act to revise, consolidate, and codify the laws relating to criminal procedure and to define the jurisdiction, powers, and duties of courts, judges, and other officers of the court under the provisions of this act; to provide laws relative to the rights of persons accused of criminal offenses and ordinance violations; to provide for the arrest of persons charged with or suspected of criminal offenses and ordinance violations; to provide for bail of persons arrested for or accused of criminal offenses and ordinance violations; to provide for the examination of persons accused of criminal offenses; to regulate the procedure relative to grand juries, indictments, informations, and proceedings before trial; to provide for trials of persons complained of or indicted for criminal offenses and ordinance violations and to provide for the procedure in those trials; to provide for judgments and sentences of persons convicted of criminal offenses and ordinance violations; to establish a sentencing commission and to prescribe its powers and duties; to provide for procedure relating to new trials and appeals in criminal and ordinance violation cases; to provide a uniform system of probation throughout this state and the appointment of probation officers; to prescribe the powers, duties, and compensation of probation officers; to provide penalties for the violation of the duties of probation officers; to provide for procedure governing proceedings to prevent crime and proceedings for the discovery of crime; to provide for fees of officers, witnesses, and others in criminal and ordinance violation cases; to set forth miscellaneous provisions as to criminal procedure in certain cases; to provide penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act," by amending sections 9c and 15a of chapter IV, sections 1f and 4a of chapter IX, and section 9a of chapter X (MCL 764.9c, 764.15a, 769.1f, 769.4a, and 770.9a), section 9c of chapter IV as amended by 1999 PA 76, section 15a of chapter IV as amended by 1999 PA 269, section 1f of chapter IX as amended by 2000 PA 372, section 4a of chapter IX as amended by 1994 PA 68, and section 9a of chapter X as amended by 1994 PA 195.

The motion prevailed.

The House agreed to the title as amended.

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

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

Senate Bill No. 736, entitled

A bill to amend 1982 PA 294, entitled "Friend of the court act," by amending section 19 (MCL 552.519), as amended by 1998 PA 63.

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

Roll Call No. 697 Yeas--101

Adamini Frank Lemmons Schauer

Allen George Lipsey Scranton

Anderson Gieleghem Lockwood Shackleton

Basham Gilbert McConico Sheltrown

Bernero Godchaux Mead Shulman

Birkholz Gosselin Meyer Spade

Bisbee Hager Middaugh Stallworth

Bishop Hale Minore Stamas

Bogardus Hansen Murphy Stewart

Bovin Hardman Neumann Switalski

Bradstreet Hart Newell Tabor

Brown, B. Howell O'Neil Thomas

Brown, C. Hummel Pappageorge Toy

Brown, R. Jamnick Patterson Van Woerkom

Callahan Jansen Pestka Vander Roest

Cassis Jelinek Phillips Vander Veen

Caul Johnson, Rick Plakas Vear

Clark, I. Johnson, Ruth Pumford Voorhees

Clarke, H. Julian Quarles Waters

Daniels Koetje Raczkowski Whitmer

DeRossett Kolb Reeves Williams

DeVuyst Kooiman Richardville Wojno

DeWeese Kowall Richner Woodward

Drolet Kuipers Rivet Woronchak

Ehardt LaSata Rocca Zelenko

Faunce

Nays--0

In The Chair: Ehardt

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

"An act to revise and consolidate the laws relating to the friend of the court; to provide for the appointment or removal of the friend of the court; to create the office of the friend of the court; to establish the rights, powers, and duties of the friend of the court and the office of the friend of the court; to establish a state friend of the court bureau and to provide the powers and duties of the bureau; to prescribe powers and duties of the circuit court and of certain state and local agencies and officers; to establish friend of the court citizen advisory committees; to prescribe certain duties of certain employers and former employers; and to repeal acts and parts of acts,".

The House agreed to the full title.

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

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

Senate Bill No. 753, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 15b of chapter IV (MCL 764.15b), as amended by 1999 PA 269.

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

Roll Call No. 698 Yeas--100

Adamini Faunce Kuipers Rivet

Allen Frank LaSata Rocca

Anderson George Lemmons Schauer

Basham Gieleghem Lipsey Scranton

Bernero Gilbert Lockwood Shackleton

Birkholz Godchaux McConico Sheltrown

Bisbee Gosselin Mead Shulman

Bishop Hager Meyer Spade

Bogardus Hale Middaugh Stamas

Bovin Hansen Mortimer Stewart

Bradstreet Hardman Murphy Switalski

Brown, B. Hart Neumann Tabor

Brown, C. Howell Newell Toy

Brown, R. Hummel O'Neil Van Woerkom

Callahan Jacobs Pappageorge Vander Roest

Cassis Jamnick Patterson Vander Veen

Caul Jansen Pestka Vear

Clark, I. Jelinek Phillips Voorhees

Clarke, H. Johnson, Rick Plakas Waters

Daniels Johnson, Ruth Pumford Whitmer

DeRossett Julian Quarles Williams

DeVuyst Koetje Raczkowski Wojno

DeWeese Kolb Reeves Woodward

Drolet Kooiman Richardville Woronchak

Ehardt Kowall Richner Zelenko

Nays--0

In The Chair: Ehardt

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

"An act to revise, consolidate, and codify the laws relating to criminal procedure and to define the jurisdiction, powers, and duties of courts, judges, and other officers of the court under the provisions of this act; to provide laws relative to the rights of persons accused of criminal offenses and ordinance violations; to provide for the arrest of persons charged with or suspected of criminal offenses and ordinance violations; to provide for bail of persons arrested for or accused of criminal offenses and ordinance violations; to provide for the examination of persons accused of criminal offenses; to regulate the procedure relative to grand juries, indictments, informations, and proceedings before trial; to provide for trials of persons complained of or indicted for criminal offenses and ordinance violations and to provide for the procedure in those trials; to provide for judgments and sentences of persons convicted of criminal offenses and ordinance violations; to establish a sentencing commission and to prescribe its powers and duties; to provide for procedure relating to new trials and appeals in criminal and ordinance violation cases; to provide a uniform system of probation throughout this state and the appointment of probation officers; to prescribe the powers, duties, and compensation of probation officers; to provide penalties for the violation of the duties of probation officers; to provide for procedure governing proceedings to prevent crime and proceedings for the discovery of crime; to provide for fees of officers, witnesses, and others in criminal and ordinance violation cases; to set forth miscellaneous provisions as to criminal procedure in certain cases; to provide penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act,".

The House agreed to the full title.

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

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

Senate Bill No. 754, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 15c of chapter IV (MCL 764.15c), as amended by 1999 PA 269.

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

Roll Call No. 699 Yeas--99

Adamini Frank LaSata Scranton

Allen George Lemmons Shackleton

Anderson Gieleghem Lipsey Sheltrown

Basham Gilbert Lockwood Shulman

Bernero Godchaux McConico Spade

Birkholz Gosselin Mead Stallworth

Bisbee Hager Meyer Stamas

Bishop Hale Middaugh Stewart

Bovin Hansen Mortimer Switalski

Bradstreet Hardman Murphy Tabor

Brown, B. Hart Neumann Thomas

Brown, C. Howell Newell Toy

Brown, R. Hummel O'Neil Van Woerkom

Callahan Jacobs Patterson Vander Roest

Cassis Jamnick Pestka Vander Veen

Caul Jansen Phillips Vear

Clark, I. Jelinek Plakas Voorhees

Clarke, H. Johnson, Rick Pumford Waters

Daniels Johnson, Ruth Quarles Whitmer

DeRossett Julian Raczkowski Williams

DeVuyst Koetje Reeves Wojno

DeWeese Kolb Richardville Woodward

Drolet Kooiman Richner Woronchak

Ehardt Kowall Rocca Zelenko

Faunce Kuipers Schauer

Nays--0

In The Chair: Ehardt

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

The House agreed to the full title.

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

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

Senate Bill No. 757, entitled

A bill to amend 1939 PA 288, entitled "Probate code of 1939," by amending sections 1, 2, 2c, and 14 of chapter XIIA (MCL 712A.1, 712A.2, 712A.2c, and 712A.14), section 1 as amended by 2000 PA 46, section 2 as amended by 2000 PA 55, and sections 2c and 14 as amended by 1998 PA 474.

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

Roll Call No. 700 Yeas--99

Adamini George Lipsey Schauer

Allen Gieleghem Lockwood Scranton

Anderson Gilbert McConico Shackleton

Basham Gosselin Mead Sheltrown

Bernero Hager Meyer Shulman

Birkholz Hale Middaugh Spade

Bisbee Hansen Minore Stallworth

Bishop Hardman Mortimer Stamas

Bogardus Hart Murphy Stewart

Bovin Howell Neumann Switalski

Brown, B. Hummel Newell Tabor

Brown, C. Jacobs O'Neil Toy

Brown, R. Jamnick Pappageorge Van Woerkom

Callahan Jansen Patterson Vander Roest

Cassis Jelinek Pestka Vander Veen

Caul Johnson, Rick Phillips Vear

Clark, I. Johnson, Ruth Plakas Voorhees

Clarke, H. Julian Pumford Waters

Daniels Koetje Quarles Whitmer

DeRossett Kolb Raczkowski Williams

DeVuyst Kooiman Reeves Wojno

DeWeese Kowall Richardville Woodward

Drolet Kuipers Richner Woronchak

Faunce LaSata Rivet Zelenko

Frank Lemmons Rocca

Nays--0

In The Chair: Ehardt

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

"An act to revise and consolidate the statutes relating to certain aspects of the family division of circuit court, to the jurisdiction, powers, and duties of the family division of circuit court and its judges and other officers, to the change of name of adults and children, and to the adoption of adults and children; to prescribe certain jurisdiction, powers, and duties of the family division of circuit court and its judges and other officers; to prescribe the manner and time within which certain actions and proceedings may be brought in the family division of the circuit court; to prescribe pleading, evidence, practice, and procedure in certain actions and proceedings in the family division of circuit court; to provide for appeals from certain actions in the family division of circuit court; to prescribe the powers and duties of certain state departments, agencies, and officers; to provide for certain immunity from liability; and to provide remedies and penalties,".

The House agreed to the full title.

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

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

______

Associate Speaker Pro Tempore Julian resumed the Chair.

Second Reading of Bills

House Bill No. 4162, entitled

A bill to amend 1954 PA 116, entitled "Michigan election law," (MCL 168.1 to 168.992) by adding section 659.

The bill was read a second time.

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

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

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

The motion prevailed.

House Bill No. 5474, entitled

A bill to amend 1975 PA 228, entitled "Single business tax act," by amending section 7 (MCL 208.7), as amended by 2000 PA 477.

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

The motion prevailed.

Senate Bill No. 819, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 9101 (MCL 324.9101), as amended by 2000 PA 504.

The bill was read a second time.

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

The motion prevailed.

House Bill No. 5313, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending sections 1201, 1202, 1203, 1204, 1204c, 1205, 1206, 1209, 1214, 1224, 1234, 1238, 1242, 1243, 1244, 1905, and 3310 (MCL 500.1201, 500.1202, 500.1203, 500.1204, 500.1204c, 500.1205, 500.1206, 500.1209, 500.1214, 500.1224, 500.1234, 500.1238, 500.1242, 500.1243, 500.1244, 500.1905, and 500.3310), section 1201 as amended by 1980 PA 340, section 1204 as amended by 1986 PA 173, section 1204c as amended by 1998 PA 540, section 1206 as amended by 1992 PA 1, section 1209 as amended by 1980 PA 461, section 1214 as amended by 1986 PA 173, section 1224 as amended by 2000 PA 35, section 1234 as amended by 1981 PA 1, section 1238 as added by 1984 PA 5, section 1243 as added by 1994 PA 409, section 1244 as amended by 1984 PA 7, section 1905 as amended by 1996 PA 548, and section 3310 as amended by 1986 PA 10, and by adding sections 1201a, 1204e, 1206a, 1206b, 1208a, 1208b, 1211, 1211a, 1211b, 1239, 1240, 1246, and 1247.

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

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

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

The motion prevailed.

House Bill No. 4165, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending section 30 (MCL 206.30), as amended by 2000 PA 400.

The bill was read a second time.

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

The motion prevailed.

House Bill No. 5330, entitled

A bill to amend 1941 PA 122, entitled "An act to establish a revenue division of the department of treasury; to prescribe its powers and duties as the revenue collection agency of the state; to prescribe certain powers and duties of the state treasurer; to regulate the importation, stamping, and disposition of certain tobacco products; to create the position and to define the powers and duties of the state commissioner of revenue; to provide for the transfer of powers and duties now vested in certain other state boards, commissions, departments and offices; to prescribe certain duties of and require certain reports from the department of treasury; to provide procedures for the payment, administration, audit, assessment, levy of interests or penalties on, and appeals of taxes and tax liability; to prescribe its powers and duties if an agreement to act as agent for a city to administer, collect, and enforce the city income tax act on behalf of a city is entered into with any city; to provide an appropriation; to abolish the state board of tax administration; to prescribe penalties and provide remedies; and to declare the effect of this act," by amending section 3 (MCL 205.3), as amended by 1986 PA 58.

The bill was read a second time.

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

The motion prevailed.

House Bill No. 4987, entitled

A bill to amend 1980 PA 299, entitled "Occupational code," by amending section 2512 (MCL 339.2512), as amended by 2000 PA 436.

The bill was read a second time.

Rep. Bishop moved to amend the bill as follows:

1. Amend page 4, line 20, after "ESCROWEE" by inserting "WITHIN 2 BANKING DAYS AFTER THE LICENSEE HAS RECEIVED NOTICE THAT AN OFFER TO PURCHASE IS ACCEPTED BY ALL PARTIES".

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.

House Bill No. 5182, entitled

A bill to amend 1956 PA 217, entitled "Electrical administrative act," by amending section 7 (MCL 338.887), as amended by 1992 PA 130.

The bill was read a second time.

Reps. Kuipers and Bernero moved to substitute (H-2) the bill.

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

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

The motion prevailed.

______

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

House Bill No. 5216, entitled

A bill to amend 1954 PA 116, entitled "Michigan election law," by amending sections 577, 578, 580, 626, 661, 691, 738, 770, 770a, 771, 772, 773, 776, 781, 786, 789, 790, 791, 792, 793, 795, 795a, 796a, 797, 797a, 798b, 798c, and 799a (MCL 168.577, 168.578, 168.580, 168.626, 168.661, 168.691, 168.738, 168.770, 168.770a, 168.771, 168.772, 168.773, 168.776, 168.781, 168.786, 168.789, 168.790, 168.791, 168.792, 168.793, 168.795, 168.795a, 168.796a, 168.797, 168.797a, 168.798b, 168.798c, and 168.799a), section 580 as amended by 1985 PA 160, sections 626 and 797a as amended by 1996 PA 583, section 661 as amended by 1982 PA 2, sections 738 and 786 as amended by 1996 PA 213, section 795 as amended by 1999 PA 218, sections 795a and 796a as amended by 1998 PA 215, section 797 as amended by 1992 PA 8, sections 798b and 798c as amended by 1990 PA 109, and section 799a as amended by 1997 PA 137, and by adding section 17; and to repeal acts and parts of acts.

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

Roll Call No. 701 Yeas--101

Adamini George Lipsey Schauer

Allen Gieleghem Lockwood Scranton

Anderson Gilbert McConico Shackleton

Basham Godchaux Mead Sheltrown

Bernero Gosselin Meyer Shulman

Birkholz Hager Middaugh Spade

Bisbee Hale Minore Stallworth

Bishop Hansen Mortimer Stamas

Bogardus Hardman Murphy Stewart

Bovin Howell Neumann Switalski

Bradstreet Hummel Newell Tabor

Brown, B. Jacobs O'Neil Thomas

Brown, C. Jamnick Pappageorge Toy

Brown, R. Jansen Patterson Van Woerkom

Callahan Jelinek Pestka Vander Roest

Cassis Johnson, Rick Phillips Vander Veen

Caul Johnson, Ruth Plakas Vear

Clark, I. Julian Pumford Voorhees

Clarke, H. Koetje Quarles Waters

Daniels Kolb Raczkowski Whitmer

DeRossett Kooiman Reeves Williams

DeWeese Kowall Richardville Wojno

Drolet Kuipers Richner Woodward

Ehardt LaSata Rivet Woronchak

Faunce Lemmons Rocca Zelenko

Frank

Nays--1

Hart

In The Chair: Julian

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

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

A bill to amend 1954 PA 116, entitled "Michigan election law," by amending sections 2, 31, 770, 770a, 771, 773, and 794a (MCL 168.2, 168.31, 168.770, 168.770a, 168.771, 168.773, and 168.794a), section 2 as amended by 1999 PA 216, section 31 as amended by 1999 PA 220, and section 794a as amended by 1995 PA 261, and by adding section 37; and to repeal acts and parts of acts.

The motion prevailed.

The House agreed to the title as amended.

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

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

______

Rep. Rich Brown moved that Rep. Adamini be excused temporarily from today's session.

The motion prevailed.

House Bill No. 5335, entitled

A bill to amend 1954 PA 116, entitled "Michigan election law," by amending sections 561 and 696 (MCL 168.561 and 168.696).

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

Roll Call No. 702 Yeas--100

Allen Gieleghem Lipsey Schauer

Anderson Gilbert Lockwood Scranton

Basham Godchaux McConico Shackleton

Bernero Gosselin Mead Sheltrown

Birkholz Hager Meyer Shulman

Bisbee Hale Middaugh Spade

Bishop Hansen Minore Stallworth

Bogardus Hardman Mortimer Stamas

Bovin Hart Murphy Stewart

Bradstreet Howell Neumann Switalski

Brown, B. Hummel Newell Tabor

Brown, C. Jacobs O'Neil Thomas

Brown, R. Jamnick Pappageorge Toy

Callahan Jansen Patterson Van Woerkom

Cassis Jelinek Pestka Vander Roest

Caul Johnson, Rick Phillips Vander Veen

Clarke, H. Johnson, Ruth Plakas Vear

Daniels Julian Pumford Voorhees

DeRossett Koetje Quarles Waters

DeWeese Kolb Raczkowski Whitmer

Drolet Kooiman Reeves Williams

Ehardt Kowall Richardville Wojno

Faunce Kuipers Richner Woodward

Frank LaSata Rivet Woronchak

George Lemmons Rocca Zelenko

Nays--0

In The Chair: Julian

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

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

A bill to amend 1954 PA 116, entitled "Michigan election law," by amending sections 2, 558, 561, 590f, 691, and 696 (MCL 168.2, 168.558, 168.561, 168.590f, 168.691, and 168.696), section 2 as amended by 1999 PA 216, section 558 as amended by 1999 PA 217, and section 590f as added by 1988 PA 116, and by adding section 560b; and to repeal acts and parts of acts.

The motion prevailed.

The House agreed to the title as amended.

Rep. Richardville 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. 173, entitled

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

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

Rep. Callahan moved to amend the bill as follows:

1. Amend page 2, line 6, after "in" by striking out "accordance" and inserting "COMPLIANCE.".

2. Amend page 5, line 5, after "VIDEO" by inserting "OR DVD".

3. Amend page 9, line 17, after "CLERK" by inserting "OR THEIR DEPUTY".

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

Rep. Callahan demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 703 Yeas--43

Adamini Daniels McConico Sheltrown

Anderson Frank Minore Spade

Basham Gieleghem Murphy Stallworth

Bernero Hale Neumann Switalski

Bogardus Hansen O'Neil Waters

Bovin Hardman Pestka Whitmer

Brown, B. Jacobs Plakas Williams

Brown, R. Jamnick Quarles Wojno

Callahan Kolb Reeves Woodward

Clark, I. Lemmons Rivet Zelenko

Clarke, H. Lockwood Schauer

Nays--53

Allen Gilbert Kuipers Rocca

Birkholz Godchaux LaSata Shackleton

Bisbee Gosselin Mead Shulman

Bishop Hager Meyer Stamas

Bradstreet Hart Middaugh Stewart

Brown, C. Howell Mortimer Tabor

Cassis Hummel Newell Toy

Caul Jansen Pappageorge Van Woerkom

DeRossett Jelinek Patterson Vander Roest

DeWeese Johnson, Rick Pumford Vander Veen

Drolet Julian Raczkowski Vear

Ehardt Koetje Richardville Voorhees

Faunce Kowall Richner Woronchak

George

In The Chair: Julian

Rep. Lemmons moved to amend the bill as follows:

1. Amend page 16, line 9, by striking out all of sections 701 and 706.

2. Amend page 20, line 15, by striking out all of section 737.

3. Amend page 25, line 17, by striking out all of section 782b.

4. Amend page 29, line 8, by striking out all of section 795c.

5. Amend page 35, line 3, after "unless" by inserting "a cross or a check mark has been placed by the voter in the circle at the head of the party ticket, if any, on which the name of the candidate has been printed, written, or placed or unless".

6. Amend page 35, line 25, by striking out all of section 804.

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

Rep. Lemmons demanded the yeas and nays.

The demand was supported.

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

After debate,

Rep. Kuipers demanded the previous question.

The demand was supported.

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

The previous question was ordered.

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

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

Roll Call No. 704 Yeas--41

Adamini Frank Lockwood Sheltrown

Anderson Gieleghem Minore Spade

Basham Hale Murphy Stallworth

Bernero Hansen Neumann Switalski

Bovin Hardman O'Neil Waters

Brown, B. Jacobs Pestka Whitmer

Brown, R. Jamnick Phillips Williams

Callahan Kolb Plakas Wojno

Clark, I. Lemmons Quarles Woodward

Clarke, H. Lipsey Schauer Zelenko

Daniels

Nays--56

Allen Gilbert Kowall Rocca

Birkholz Godchaux Kuipers Scranton

Bisbee Gosselin LaSata Shackleton

Bishop Hager Mead Shulman

Bradstreet Hart Meyer Stamas

Brown, C. Howell Middaugh Stewart

Cassis Hummel Mortimer Tabor

Caul Jansen Newell Toy

DeRossett Jelinek Pappageorge Van Woerkom

DeWeese Johnson, Rick Patterson Vander Roest

Drolet Johnson, Ruth Pumford Vander Veen

Ehardt Julian Raczkowski Vear

Faunce Koetje Richardville Voorhees

George Kooiman Richner Woronchak

In The Chair: Julian

______

Associate Speaker Pro Tempore Ehardt resumed the Chair.

Rep. Quarles moved to amend the bill as follows:

1. Amend page 42, following line 21, by inserting:

"Enacting section 2. This amendatory act does not take effect unless approved by a majority of the electors of this state voting on the question at the general election to be held November 5, 2002. This amendatory act shall be submitted to the qualified electors of this state at that election as provided by the Michigan election law, 1954 PA 116, MCL 168.1 to 168.992. If approved by the electors, this amendatory act takes effect January 1, 2003.".

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

Rep. Quarles demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 705 Yeas--47

Adamini Frank Minore Spade

Anderson Gieleghem Murphy Stallworth

Basham Hale Neumann Switalski

Bernero Hansen O'Neil Thomas

Bogardus Hardman Pestka Waters

Bovin Jacobs Phillips Whitmer

Brown, B. Jamnick Plakas Williams

Brown, R. Kolb Quarles Wojno

Callahan Lemmons Reeves Woodward

Clark, I. Lipsey Rivet Woronchak

Clarke, H. Lockwood Schauer Zelenko

Daniels McConico Sheltrown

Nays--54

Allen Godchaux Kuipers Rocca

Birkholz Gosselin LaSata Scranton

Bisbee Hager Mead Shackleton

Bishop Hart Meyer Shulman

Bradstreet Howell Middaugh Stamas

Brown, C. Hummel Mortimer Stewart

Cassis Jansen Newell Tabor

Caul Jelinek Pappageorge Toy

DeRossett Johnson, Rick Patterson Van Woerkom

DeWeese Johnson, Ruth Pumford Vander Roest

Drolet Julian Raczkowski Vander Veen

Ehardt Koetje Richardville Vear

Faunce Kooiman Richner Voorhees

Gilbert Kowall

In The Chair: Ehardt

______

Associate Speaker Pro Tempore Julian resumed the Chair.

Rep. Quarles moved to amend the bill as follows:

1. Amend page 24, following line 10, by inserting:

"Sec. 758. ~~(1) For the purposes of~~ AS USED IN this act, "absent voter" means a qualified and registered elector who ~~meets 1 or more of the following requirements;~~

~~(a) On account of physical disability, cannot without another's assistance attend~~ WISHES TO VOTE WITHOUT ATTENDING the polls on the day of an election.

~~(b) On account of the tenets of his or her religion, cannot attend the polls on the day of election.~~

~~(c) Cannot attend the polls on the day of an election in the precinct in which he or she resides because of being an election precinct inspector in another precinct.~~

~~(d) Is 60 years of age or older.~~

~~(e) Is absent or expects to be absent from the township or city in which he or she resides during the entire period the polls are open for voting on the day of an election.~~

~~(f) Cannot attend the polls on election day because of being confined in jail awaiting arraignment or trial.~~

~~(2) Subsection (1) does not apply to~~ ABSENT VOTER DOES NOT INCLUDE a person who has moved outside of this state, regardless of length of his or her residence outside of this state, and who no longer maintains an actual residence in this state. The storage of personal effects or household goods, the ownership of property that is rented or leased to others, or occasional brief visits to a former domicile in this state while residing outside of this state for most of the year does not constitute a residence for voting purposes in this state, except for each of the following:

(a) A person described in section 1 of article II of the state constitution of 1963 and statutes enacted under that section.

(b) A person described in section 759a.

Sec. 759. (1) At any time during the 75 days before a primary ELECTION or special primary ELECTION, but not later than 2 p.m. of the Saturday immediately before the primary ELECTION or special primary ELECTION, an elector who qualifies to vote as an absent voter ~~, as defined in section 758,~~ may apply for an absent voter ballot. The elector shall apply in person or by mail with the clerk of the township, city, or village in which the elector is registered. An application received before a primary ELECTION or special primary ELECTION may be for either that primary ELECTION only, or for that primary ELECTION and the election that follows.

(2) Except as otherwise provided in subsection (1), at any time during the 75 days before an election, but not later than 2 p.m. of the Saturday before the election, an elector who qualifies to vote as an absent voter ~~, as defined in section 758,~~ may apply for an absent voter ballot. The elector shall apply in person or by mail with the clerk of the township, city, or village in which the voter is registered.

(3) An application for an absent voter ballot under this section may be made in any of the following ways:

(a) By a written request signed by the ~~voter stating the statutory grounds for making the application~~ ELECTOR.

(b) On an absent voter ballot application form provided for that purpose by the clerk of the city, township, or village.

(4) An applicant for an absent voter ballot shall sign the application. A clerk or assistant clerk shall not deliver an absent voter ballot to an applicant who does not sign the application. ~~A person other~~ OTHER than the applicant; a member of the applicant's immediate family; a person residing in the applicant's household; a person whose job normally includes the handling of mail, but only during the course of his or her employment; a registered elector requested by the applicant TO RETURN THE APPLICATION; or a clerk, assistant of the clerk, or other authorized election official, A PERSON shall not be in possession of a signed absent voter ballot application. A registered elector who is requested by the applicant to return his or her absent voter ballot application shall sign the certificate on the absent voter ballot application.

(5) The clerk of the city, township, or village shall have absent voter ballot application forms available in the office of the clerk at all times and shall furnish an absent voter ballot application form to anyone upon a verbal or written request. The absent voter ballot application shall be in substantially the following form:

"Application for absent voter ballot for:

[ ] The primary ELECTION or special primary election to be held on ~~....................... , 19 .......~~ [DATE].

[ ] The election to be held on ~~............................................... , 19............~~ [DATE].

(Check applicable election or elections)

I, .................................. , a qualified and registered elector of the .................. precinct of the township of ...................... or village of ....................................... or of the ......... ward of the city of .............................. , in the county of ......................................... and state of Michigan, apply for an official ballot, or ballots, to be voted by me at the election or elections as requested in this application.

~~The statutory grounds on which I base my request are:~~

~~[ ] I expect to be absent from the community in which I am registered for the entire time the polls are open on election day.~~

~~[ ] I am physically unable to attend the polls without the assistance of another.~~

~~[ ] I cannot attend the polls because of the tenets of my religion.~~

~~[ ] I have been appointed an election precinct inspector in a precinct other than the precinct where I reside.~~

~~[ ] I am 60 years of age or older.~~

~~[ ] I cannot attend the polls because I am confined to jail awaiting arraignment or trial.~~

~~(Check applicable reason)~~

Send absent voter ballot to me at:

.............................................................................................

(Street No. or R.R.)

.............................................................................................

(Post Office) (State) ZIP CODE

My registered address..........................................................................................

(Street No. or R.R.)

.........................................................................................

(Post Office) (State) ZIP CODE

Date ...........................................................

I ~~declare~~ SWEAR that the statements in this absent voter ballot application are true.

.........................................................................................

(Signature)

WARNING

A person making a false statement in this absent voter ballot application is guilty of a misdemeanor. It is a violation of Michigan election law for a person other than those listed in the instructions to return, offer to return, agree to

return, or solicit to return your absent voter ballot application to the clerk. An assistant authorized by the clerk who receives absent voter ballot applications at a location other than the office of the clerk must have credentials signed by the clerk. Ask to see his or her credentials before entrusting your application with a person claiming to have the clerk's authorization to return your application.

Certificate of Authorized Registered

Elector Returning Absent Voter

Ballot Application

I certify that my name is ........................., my address is ............................, and my date of birth is ............; that I am delivering the absent voter ballot application of .........................................at his or her request; that I did not solicit or request to return the application; that I have not made any markings on the application; that I have not altered the application in any way; that I have not influenced the applicant; and that I am aware that a false statement in this certificate is a violation of Michigan election law.

(Date) (Signature)"

(6) The following instructions for an applicant for an absent voter ballot shall be included with each application furnished an applicant:

INSTRUCTIONS FOR APPLICANTS FOR ABSENT VOTER BALLOTS

Step 1. After completely filling out the application, sign and date the application in the place designated. Your signature must appear on the application or you will not receive an absent voter ballot.

Step 2. Deliver the application by 1 of the following methods:

(a) Place the application in an envelope addressed to the appropriate clerk and place the necessary postage upon the return envelope and deposit it in the United States mail or with another public postal service, express mail service, parcel post service, or common carrier.

(b) Deliver the application personally to the office of the clerk, to the clerk, or to an authorized assistant of the clerk.

(c) In either (a) or (b), a member of the immediate family of the voter including a father-in-law, mother-in-law, brother-in-law, sister-in-law, son-in-law, daughter-in-law, grandparent, or grandchild or a person residing in the voter's household may mail or deliver the application to the clerk for the applicant.

(d) ~~In the event~~ IF an applicant cannot return the application in any of the above methods, the applicant may select any registered elector to return the application. The person returning the application must sign and return the certificate at the bottom of the application.

(7) A person who prints and distributes absent voter ballot applications shall print on the application the warning, certificate of authorized registered elector returning absent voter ballot application, and instructions required by this section.

(8) A person who makes a false statement in an absent voter ballot application is guilty of a misdemeanor. A person who forges a signature on an absent voter ballot application is guilty of a felony. A person who is not authorized in this act and who both distributes absent voter ballot applications to absent voters and returns those absent voter ballot applications to a clerk or assistant of the clerk is guilty of a misdemeanor.

Sec. 759b. (1) ~~Any~~ A registered elector may apply for AN absent voter ~~ballots~~ BALLOT at any time ~~prior to~~ BEFORE 4 p.m. on election day if ~~he shall have become physically disabled or shall be absent from the city or township because of sickness or death in the family which~~ AN EVENT has occurred at a time ~~which has~~ THAT made it impossible to apply for absent voter ballots by the statutory deadline. The application shall be called an emergency absent voter BALLOT application.

(2) Emergency absent voter BALLOT applications may be made by letter or on a form PRESCRIBED BY THE SECRETARY OF STATE AND provided by the clerk. The application shall set forth that the voter is qualified to vote in the election ~~, stating the statutory reason for applying for an emergency absent voter ballot~~ and that ~~the reason for applying after the statutory deadline~~ AN EVENT occurred at such a time to make it impossible to file an application for AN absent voter ~~ballots~~ BALLOT by the statutory deadline.

(3) ~~Any~~ A person intentionally making a false statement in ~~such~~ AN EMERGENCY ABSENT VOTER BALLOT application is guilty of a felony. ~~Any~~ A person aiding or abetting ~~any~~ ANOTHER person to make a false statement ~~on such~~ IN AN EMERGENCY ABSENT VOTER BALLOT application is guilty of a felony.

(4) Upon receipt by the clerk of a valid application for an emergency absent voter ballot, the clerk may deliver the ABSENT VOTER ballots to the applicant in person, through a deputy or an election assistant, or ~~he may deliver them~~ at his OR HER office to a person named by the applicant in the EMERGENCY ABSENT VOTER BALLOT application. The ABSENT voter may return the ABSENT VOTER ballots to the clerk ~~in the sealed envelope provided therefor~~ in any manner. ~~he sees fit. To~~ HOWEVER, TO be valid, ~~ballots must be returned~~ THE ABSENT VOTER SHALL RETURN THE ABSENT VOTER BALLOTS to the clerk IN THE SEALED ENVELOPE PROVIDED FOR THAT REASON AND in time to be delivered to the polls ~~prior to~~ BEFORE 8 p.m. on election day.".

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

Rep. Quarles demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 706 Yeas--48

Adamini Faunce McConico Schauer

Anderson Frank Minore Sheltrown

Basham Gieleghem Murphy Spade

Bernero Hale Neumann Stallworth

Bogardus Hansen O'Neil Switalski

Bovin Hardman Pestka Thomas

Brown, B. Jacobs Phillips Waters

Brown, R. Jamnick Plakas Whitmer

Callahan Kolb Quarles Williams

Clark, I. Lemmons Raczkowski Wojno

Clarke, H. Lipsey Reeves Woodward

Daniels Lockwood Rivet Zelenko

Nays--50

Birkholz Hager LaSata Scranton

Bisbee Hart Mead Shackleton

Bishop Howell Meyer Stamas

Bradstreet Hummel Middaugh Stewart

Brown, C. Jansen Mortimer Tabor

Cassis Jelinek Newell Toy

Caul Johnson, Rick Pappageorge Van Woerkom

DeRossett Johnson, Ruth Patterson Vander Roest

DeWeese Julian Pumford Vander Veen

Ehardt Koetje Richardville Vear

Gilbert Kooiman Richner Voorhees

Godchaux Kowall Rocca Woronchak

Gosselin Kuipers

In The Chair: Julian

______

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

The motion prevailed.

Rep. Kolb moved to amend the bill as follows:

1. Amend page 42, following line 21, by inserting:

"Enacting section 2. This amendatory act does not take effect unless House Bill No. 4054 of the 91st Legislature is enacted into law.".

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

Rep. Kolb demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 707 Yeas--45

Adamini Frank McConico Schauer

Anderson Gieleghem Minore Sheltrown

Basham Hale Murphy Stallworth

Bernero Hansen Neumann Switalski

Bogardus Hardman O'Neil Thomas

Bovin Jacobs Pestka Waters

Brown, B. Jamnick Phillips Whitmer

Brown, R. Kolb Plakas Williams

Callahan Lemmons Quarles Wojno

Clark, I. Lipsey Reeves Woodward

Clarke, H. Lockwood Rivet Zelenko

Daniels

Nays--55

Allen Godchaux LaSata Shackleton

Birkholz Gosselin Mead Shulman

Bisbee Hager Meyer Spade

Bishop Hart Middaugh Stamas

Bradstreet Howell Mortimer Stewart

Brown, C. Hummel Newell Tabor

Cassis Jansen Pappageorge Toy

Caul Jelinek Patterson Van Woerkom

DeRossett Johnson, Ruth Pumford Vander Roest

DeWeese Julian Raczkowski Vander Veen

Drolet Koetje Richardville Vear

Ehardt Kooiman Richner Voorhees

Faunce Kowall Rocca Woronchak

Gilbert Kuipers Scranton

In The Chair: Julian

Rep. Kolb moved to amend the bill as follows:

1. Amend page 42, following line 21, by inserting:

"Enacting section 2. This amendatory act does not take effect unless House Bill No. 4055 of the 91st Legislature is enacted into law.".

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

Rep. Kolb demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 708 Yeas--41

Adamini Frank Lockwood Sheltrown

Anderson Gieleghem McConico Stallworth

Basham Hale Minore Switalski

Bernero Hansen Murphy Thomas

Bovin Hardman Neumann Waters

Brown, B. Jacobs Phillips Whitmer

Brown, R. Jamnick Plakas Williams

Callahan Kolb Quarles Wojno

Clark, I. Lemmons Rivet Woodward

Clarke, H. Lipsey Schauer Zelenko

Daniels

Nays--53

Allen Godchaux Kuipers Shackleton

Birkholz Gosselin LaSata Shulman

Bisbee Hager Mead Spade

Bishop Hart Meyer Stamas

Bradstreet Howell Middaugh Stewart

Brown, C. Hummel Newell Tabor

Cassis Jansen Pappageorge Toy

Caul Jelinek Patterson Van Woerkom

DeRossett Johnson, Ruth Pumford Vander Roest

DeWeese Julian Raczkowski Vander Veen

Drolet Koetje Richardville Vear

Ehardt Kooiman Richner Voorhees

Faunce Kowall Rocca Woronchak

Gilbert

In The Chair: Julian

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

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

Rep. Bogardus demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 709 Yeas--43

Adamini Daniels Lockwood Sheltrown

Anderson Frank McConico Spade

Basham Gieleghem Minore Switalski

Bernero Hale Neumann Thomas

Bogardus Hansen O'Neil Waters

Bovin Hardman Pestka Whitmer

Brown, B. Jacobs Phillips Williams

Brown, R. Jamnick Plakas Wojno

Callahan Kolb Quarles Woodward

Clark, I. Lemmons Rivet Zelenko

Clarke, H. Lipsey Schauer

Nays--53

Allen Gosselin Kuipers Rocca

Birkholz Hager LaSata Shackleton

Bisbee Hart Mead Shulman

Bishop Howell Meyer Stamas

Bradstreet Hummel Middaugh Stewart

Cassis Jansen Mortimer Tabor

Caul Jelinek Newell Toy

DeRossett Johnson, Rick Pappageorge Van Woerkom

DeWeese Johnson, Ruth Patterson Vander Roest

Drolet Julian Pumford Vander Veen

Ehardt Koetje Raczkowski Vear

Faunce Kooiman Richardville Voorhees

Gilbert Kowall Richner Woronchak

Godchaux

In The Chair: Julian

Rep. Rivet moved to amend the bill as follows:

1. Amend page 42, following line 21, by inserting:

"Enacting section 2. This amendatory act does not take effect unless House Bill No. 4353 of the 91st Legislature is enacted into law.".

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

Rep. Rivet demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 710 Yeas--42

Adamini Frank McConico Sheltrown

Anderson Gieleghem Minore Spade

Basham Hale Murphy Stallworth

Bernero Hansen Neumann Switalski

Bogardus Hardman Pestka Thomas

Bovin Jacobs Phillips Waters

Brown, B. Jamnick Quarles Whitmer

Brown, R. Kolb Reeves Wojno

Callahan Lemmons Rivet Woodward

Clarke, H. Lipsey Schauer Zelenko

Daniels Lockwood

Nays--56

In The Chair: Julian

Rep. Adamini moved to amend the bill as follows:

1. Amend page 5, following line 6, by inserting:

"(P) ENSURE THAT NO VOTER OVER THE AGE OF 55 WAITS MORE THAN 30 MINUTES TO VOTE.".

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

Rep. Adamini demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 711 Yeas--43

Adamini Daniels McConico Sheltrown

Anderson Frank Minore Spade

Basham Gieleghem Murphy Stallworth

Bernero Hale Neumann Switalski

Bogardus Hansen O'Neil Waters

Bovin Hardman Pestka Whitmer

Brown, B. Jacobs Phillips Williams

Brown, R. Jamnick Plakas Wojno

Callahan Lemmons Quarles Woodward

Clark, I. Lipsey Reeves Zelenko

Clarke, H. Lockwood Schauer

Nays--55

Allen Gilbert Kuipers Scranton

Birkholz Godchaux LaSata Shackleton

Bisbee Gosselin Mead Shulman

Bishop Hager Meyer Stamas

Bradstreet Howell Middaugh Stewart

Brown, C. Hummel Mortimer Tabor

Cassis Jansen Newell Toy

Caul Jelinek Pappageorge Van Woerkom

DeRossett Johnson, Rick Patterson Vander Roest

DeWeese Johnson, Ruth Pumford Vander Veen

Drolet Julian Raczkowski Vear

Ehardt Koetje Richardville Voorhees

Faunce Kooiman Richner Woronchak

George Kowall Rocca

In The Chair: Julian

Rep. Adamini moved to amend the bill as follows:

1. Amend page 5, following line 6, by inserting:

"(P) ENSURE THAT NO VOTER WAITS TO VOTE OUTDOORS WHEN THE TEMPERATURE IS UNDER 32 DEGREES FAHRENHEIT.".

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

Rep. Adamini demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 712 Yeas--43

Adamini Daniels Minore Spade

Anderson Frank Murphy Stallworth

Basham Hale Neumann Switalski

Bernero Hansen Pestka Thomas

Bogardus Hardman Phillips Waters

Bovin Jamnick Plakas Whitmer

Brown, B. Kolb Quarles Williams

Brown, R. Lemmons Reeves Wojno

Callahan Lipsey Rivet Woodward

Clark, I. Lockwood Schauer Zelenko

Clarke, H. McConico Sheltrown

Nays--56

In The Chair: Julian

Rep. Adamini moved to amend the bill as follows:

1. Amend page 5, following line 6, by inserting:

"(P) ENSURE THAT NO DISABLED OR HANDICAPPED VOTER SHALL HAVE TO WAIT OUTDOORS TO VOTE.".

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

Rep. Adamini demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 713 Yeas--47

Adamini Frank Minore Sheltrown

Anderson Gieleghem Murphy Spade

Basham Hale Neumann Stallworth

Bernero Hansen O'Neil Switalski

Bogardus Hardman Pestka Thomas

Bovin Jacobs Phillips Waters

Brown, B. Jamnick Plakas Whitmer

Brown, R. Kolb Quarles Williams

Callahan Lemmons Raczkowski Wojno

Clark, I. Lipsey Reeves Woodward

Clarke, H. Lockwood Rivet Zelenko

Daniels McConico Schauer

Nays--52

Allen George Koetje Richner

Birkholz Gilbert Kooiman Rocca

Bisbee Godchaux Kowall Scranton

Bishop Gosselin Kuipers Shulman

Bradstreet Hager LaSata Stamas

Brown, C. Hart Meyer Stewart

Cassis Howell Middaugh Tabor

Caul Hummel Mortimer Toy

DeRossett Jansen Newell Van Woerkom

DeWeese Jelinek Pappageorge Vander Roest

Drolet Johnson, Rick Patterson Vander Veen

Ehardt Johnson, Ruth Pumford Vear

Faunce Julian Richardville Voorhees

In The Chair: Julian

Rep. Adamini moved to amend the bill as follows:

1. Amend page 5, following line 6, by inserting:

"(P) SHALL PREPARE AND REPORT TO THE LEGISLATURE A REPORT ON THE NUMBER OF VOTERS STATEWIDE, IN THE NOVEMBER 2002 ELECTION, WHO EXCEEDED THE 2 MINUTE TIME LIMITATION SET FORTH IN MCL 168.786, WHICH REPORT SHALL BE FILED NO LATER THAN FEBRUARY 1, 2003.".

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

Rep. Adamini demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 714 Yeas--44

Anderson Frank McConico Sheltrown

Basham Gieleghem Minore Spade

Bernero Hale Murphy Stallworth

Bogardus Hansen Neumann Switalski

Bovin Hardman O'Neil Thomas

Brown, B. Jacobs Pestka Waters

Brown, R. Jamnick Phillips Whitmer

Callahan Kolb Plakas Williams

Clark, I. Lemmons Quarles Wojno

Clarke, H. Lipsey Reeves Woodward

Daniels Lockwood Schauer Zelenko

Nays--56

In The Chair: Julian

______

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

The motion prevailed.

Rep. Lemmons moved to amend the bill as follows:

1. Amend page 17, line 5, after "split." by inserting "A CANDIDATE'S POLITICAL PARTY DESIGNATION SHALL BE PRINTED ON THE BALLOT PRECEDING THE CANDIDATE'S NAME, AND SHALL BE IN THE SAME SIZE FONT AS THE CANDIDATE'S NAME.".

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

Rep. Lemmons demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 715 Yeas--44

Adamini Frank McConico Sheltrown

Anderson Gieleghem Minore Spade

Basham Hale Murphy Stallworth

Bernero Hansen Neumann Switalski

Bogardus Hardman O'Neil Thomas

Brown, B. Jacobs Phillips Waters

Brown, R. Jamnick Plakas Whitmer

Callahan Kolb Quarles Williams

Clark, I. Lemmons Reeves Wojno

Clarke, H. Lipsey Rivet Woodward

Daniels Lockwood Schauer Zelenko

Nays--55

Allen Gilbert Kuipers Scranton

Birkholz Godchaux LaSata Shackleton

Bisbee Gosselin Mead Shulman

Bishop Hager Meyer Stamas

Bradstreet Hart Middaugh Stewart

Brown, C. Howell Mortimer Tabor

Cassis Hummel Newell Toy

Caul Jansen Pappageorge Van Woerkom

DeRossett Jelinek Patterson Vander Roest

DeWeese Johnson, Ruth Pumford Vander Veen

Drolet Julian Raczkowski Vear

Ehardt Koetje Richardville Voorhees

Faunce Kooiman Richner Woronchak

George Kowall Rocca

In The Chair: Julian

______

Rep. Garza entered the House Chambers.

Rep. Daniels moved to amend the bill as follows:

1. Amend page 42, following line 21, by inserting:

"Enacting section 2. This amendatory act does not take effect unless Senate Bill No. 673 of the 91st Legislature is enacted into law.".

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

Rep. Daniels demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 716 Yeas--46

Adamini Frank McConico Schauer

Anderson Garza Minore Sheltrown

Basham Gieleghem Murphy Spade

Bernero Hale Neumann Stallworth

Bogardus Hansen O'Neil Switalski

Bovin Hardman Pestka Waters

Brown, B. Jacobs Phillips Whitmer

Brown, R. Jamnick Plakas Williams

Callahan Kolb Quarles Wojno

Clark, I. Lemmons Reeves Woodward

Clarke, H. Lipsey Rivet Zelenko

Daniels Lockwood

Nays--55

In The Chair: Julian

Rep. Woodward moved to amend the bill as follows:

1. Amend page 5, following line 6, by inserting:

"(P) THE SECRETARY OF STATE SHALL STUDY AND REPORT BACK TO THE LEGISLATURE NO LATER THAN NOVEMBER 1, 2002, ON THE DELETERIOUS EFFECTS ON STUDENTS AND YOUNG VOTERS OF PUBLIC ACT 118 OF 1999.".

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. 717 Yeas--46

Adamini Garza Minore Sheltrown

Anderson Gieleghem Murphy Spade

Basham Hale Neumann Stallworth

Bernero Hansen O'Neil Switalski

Bogardus Hardman Pestka Thomas

Bovin Jacobs Phillips Waters

Brown, B. Jamnick Plakas Whitmer

Brown, R. Kolb Quarles Williams

Callahan Lemmons Reeves Wojno

Clark, I. Lipsey Rivet Woodward

Clarke, H. Lockwood Schauer Zelenko

Frank McConico

Nays--55

Allen Gilbert Kowall Rocca

Birkholz Godchaux Kuipers Shackleton

Bisbee Gosselin LaSata Shulman

Bishop Hager Mead Stamas

Bradstreet Hart Meyer Stewart

Brown, C. Howell Middaugh Tabor

Cassis Hummel Mortimer Toy

Caul Jansen Newell Van Woerkom

DeRossett Jelinek Pappageorge Vander Roest

DeWeese Johnson, Rick Patterson Vander Veen

Drolet Johnson, Ruth Pumford Vear

Ehardt Julian Raczkowski Voorhees

Faunce Koetje Richardville Woronchak

George Kooiman Richner

In The Chair: Julian

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

The motion prevailed.

Rep. Richardville 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. 173, entitled

The bill was read a third time.

The question being on the passage of the bill,

After debate,

Rep. Kuipers demanded the previous question.

The demand was supported.

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

The previous question was ordered.

The question being on the 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. 718 Yeas--56

Nays--47

Adamini Frank McConico Sheltrown

Anderson Garza Minore Spade

Basham Gieleghem Murphy Stallworth

Bernero Hale Neumann Switalski

Bogardus Hansen O'Neil Thomas

Bovin Hardman Pestka Waters

Brown, B. Jacobs Phillips Whitmer

Brown, R. Jamnick Plakas Williams

Callahan Kolb Quarles Wojno

Clark, I. Lemmons Reeves Woodward

Clarke, H. Lipsey Rivet Zelenko

Daniels Lockwood Schauer

In The Chair: Julian

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

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

A bill to amend 1954 PA 116, entitled "An act to reorganize, consolidate, and add to the election laws; to provide for election officials and prescribe their powers and duties; to prescribe the powers and duties of certain state departments, state agencies, and state and local officials and employees; to provide for the nomination and election of candidates for public office; to provide for the resignation, removal, and recall of certain public officers; to provide for the filling of vacancies in public office; to provide for and regulate primaries and elections; to provide for the purity of elections; to guard against the abuse of the elective franchise; to define violations of this act; to provide appropriations; to prescribe penalties and provide remedies; and to repeal certain acts and all other acts inconsistent with this act," by amending sections 31, 73, 283, 393, 509y, 509aa, 561a, 624, 624a, 686, 706, 727, 737, 745, 769, 782b, 795, 795c, 797a, 798c, 799a, 803, 804, 842, and 931 (MCL 168.31, 168.73, 168.283, 168.393, 168.509y, 168.509aa, 168.561a, 168.624, 168.624a, 168.686, 168.706, 168.727, 168.737, 168.745, 168.769, 168.782b, 168.795, 168.795c, 168.797a, 168.798c, 168.799a, 168.803, 168.804, 168.842, and 168.931), section 31 as amended by 1999 PA 220, sections 73, 283, 393, and 686 as amended by 1999 PA 216, sections 509y and 509aa as added by 1994 PA 441, sections 624 and 795 as amended by 1999 PA 218, section 624a as amended by 1988 PA 116, sections 706 and 737 as amended by 1985 PA 160, sections 727 and 769 as amended by 1995 PA 261, sections 795c and 798c as amended by 1990 PA 109, sections 797a and 931 as amended by 1996 PA 583, and sections 799a and 803 as amended by 1997 PA 137, and by adding section 701; and to repeal acts and parts of acts.

The motion prevailed.

The House agreed to the title as amended.

______

Reps. Kolb, Whitmer, Callahan, Murphy, Spade, Zelenko, O'Neil, Lockwood, Plakas, Hale, Garza, Reeves, Schauer, Clarke, Basham, Hardman, Waters, Phillips, Lemmons, Clark, Hansen, Minore, Thomas and Daniels, having reserved the right to explain their protest against the passage of the bill, made the following statement:

"Mr. Speaker and members of the House:

I voted no on final passage of SB 173 (H-3) for the following reasons:

The voters of Michigan want and deserve election reform. This bill is NOT election reform. This bill's purpose is to take away a voting option that Michigan voters have exercised in large numbers for over one hundred years--the right to cast, quickly and simply, a straight-ticket vote.

The truth of the matter is that this bill will result in longer lines at the polls, which will increase voter frustration with the election process and their elected officials. It will dramatically increase the costs of administering elections, because with so many voters now required to spend more time in the voting booth, additional voting equipment and staff will be needed at the polls. With these cost implications and several other unfunded mandates in this bill, such as the requirement that voting machines be changed to prohibit straight party voting, this bill violates the Headlee amendment of the Michigan Constitution.

Shamefully, it is quite likely that this bill will disenfranchise a broad spectrum of Michigan voters of their right to vote. Longer lines at the polls will effectively deprive some Michigan residents of the right to vote if they must come to the polls during their lunch hour, or if their jobs won't permit them to miss several hours of work to wait in line. And existing Michigan law at MCL 168.786 limits voters to two minutes in the voting booth. This means that removing the straight-party voting option will disenfranchise voters who might not be able to complete their ballots in two minutes, such as persons with disabilities, or persons who don't read very well, or some senior citizens. This bill may very well violate the federal Voting Rights Act as well, as available statistics indicate that the elimination of the straight-party voting option will have a disproportionate negative impact on Michigan's African-American voters.

Finally, proponents of this bill have claimed that eliminating the straight-party voting

option will help reduce 'ballot fall-off' and make it more likely that voters will complete the non-partisan provisions at the end of their ballots. However, the only data available on this subject indicates that the opposite is true. In fact, there appears to be only a minor correlation between straight party voting and ballot fall-off, and the correlation is inverse: jurisdictions which experience less straight party voting experience relatively higher levels of ballot fall-off."

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 final passage of SB 173 (H-3) for the following reasons:

This bill is NOT election reform. This bill's purpose is to take away a voting option that Michigan voters have exercised in large numbers for over one hundred years--the right to cast, quickly and simply, a straight-ticket vote.

Finally, proponents of this bill have claimed that eliminating the straight-party voting

Rep. Stallworth, 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 final passage of SB 173 (H-3) for the following reasons:

The truth of the matter is that this bill is the result of the Republican Party's fear of the strength of our next general election's Democratic Ticket. I understand their political motivation, but quite frankly that does not out-weigh what will result in longer lines at the polls, which will increase voter frustration with the election process and their elected officials. It will dramatically increase the costs of administering elections, because with so many voters now required to spend more time in the voting booth, additional voting equipment and staff will be needed at the polls. With these cost implications and several other unfunded mandates in this bill, such as the requirement that voting machines be changed to prohibit straight party voting, this bill violates the Headlee amendment of the Michigan Constitution.

Finally, proponents of this bill have claimed that eliminating the straight-party voting

Rep. Jamnick, 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:

What follows are the comments I had intended to make from the floor this evening, but at approximately 7:30 PM discussion was terminated by the Republican Caucus. I am extremely disappointed that the 87,000 people in my 54th District, as well as the 87,000 people in the other 19 districts represented by members of the Democratic Caucus remaining of the list of those waiting to speak on the Floor on this issue, were not able to be fully represented in the discussion of the proposed legislation eliminating Michigan's electorates opportunity to cast a straight party vote in next year's General Election.

This evening, not to your surprise, I am voting against SB 173, substituted as H-3 by the Redistricting and Elections Committee earlier this afternoon. I ask you consider my comments before we vote this evening.

Unfortunately it is my belief, the real impact of this legislation, eliminating the straight party voting option, will not be felt until the 2002 November General Election begins and our Michigan electorate begin voting using their absentee ballots, but will be more widely felt on the actual November day when the polls open.

Information presented to our Committee today by leadership of the Michigan Municipal Clerks associations clearly stated their objections to this Bill. Copies were placed on your desks in this Chamber for you to read so I won't repeat everything they written, but only share my thoughts . . . some of which I didn't share in the Committee meeting because we were rushed to finish the meeting and return to the business of the House today.

It has most disappointing for me to see efforts to amend this legislation, giving the absentee voting option to everyone or at a minimum creating a tie bar to another House Bill addressing this freedom of absentee ballot use, be strongly defeated. We were reminded that this Bill is on the house calendar and could be before us today . . . it clearly seems a shame that one minority party amendment couldn't be added to this legislation tonight.

Speakers at our Committee meeting today were asked each asked for backup information to so that their points of delay and inconvenience for our Michigan electorate voters could be substantiated. Again, I say to you . . . the success or failure of this legislation will not be learned until general election day 2002 and those who will face the anger and frustration of our voters will be our County, Township, City and Village Clerks and their office staffs and election precinct workers. The statement to voters that it was us in the legislature will not ease that anger or frustration, but only serve to increase it. If you have never worked inside a precinct as one of the election officials, I ask each of you to try to put yourself in their shoes and try to explain why this elimination of straight party voting is a good thing after they have been waiting for sometime to exercise their right to vote. Having worked as an election day precinct worker, let me assure, there is nothing that will be able to be said to reduce their anger and frustration.

My experience with the State, as a local Township official, sometimes was that the administration of legislation past was, difficult at best, and sometimes close to impossible to implement without additional work load and costs . . .generally not reimbursed.

I can assure you, our local municipal clerks will do what is needed to implement this legislation and it will require possibly . . . increasing the number of voting precincts . . . purchasing additional voting devices . . . finding additional election precinct workers . . . hiring additional seasonal staff and in all probability many other things none of us could even begin to think about.

I apologize for repeating some of the issues you have listened, or not listened, to this evening and I sincerely ask you not to vote for this legislation . . . let us really do some things to encourage people to vote . . . such as full access to absentee voting."

Notices

I hereby give notice that on the next legislative session day I will move to reconsider the vote by which the House passed Senate Bill No. 173.

Rep. Bishop

By unanimous consent the House returned to the order of

Reports of Standing Committees

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

House Bill No. 4338, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 81129 and 81130 (MCL 324.81129 and 324.81130), as added by 1995 PA 58.

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

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

Favorable Roll Call

HB 4338 To Report Out:

Yeas: Reps. DeVuyst, Tabor, Kowall, Rocca, Voorhees, Callahan, Basham, Sheltrown,

Nays: None.

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

House Bill No. 5380, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 16901, 16902, 16903, 16904a, 16905, 16906, and 16909 (MCL 324.16901, 324.16902, 324.16903, 324.16904a, 324.16905, 324.16906, and 324.16909), sections 16901 and 16903 as amended and section 16904a as added by 1997 PA 17, and by adding section 16909a; and to repeal acts and parts of acts.

With the recommendation that the substitute (H-4) 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 5380 To Report Out:

Yeas: Reps. DeVuyst, Tabor, Bradstreet, Kowall, Rocca, Voorhees, Callahan, Basham, Sheltrown,

Nays: None.

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

Senate Bill No. 27, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 806 (MCL 257.806), as amended by 2000 PA 456.

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

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

Favorable Roll Call

SB 27 To Report Out:

Yeas: Reps. DeVuyst, Tabor, Bradstreet, Kowall, Voorhees, Callahan,

Nays: Reps. Rocca, Sheltrown.

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Thursday, December 6, 2001, at 10:00 a.m.,

Present: Reps. DeVuyst, Tabor, Bradstreet, Drolet, Kowall, Rocca, Voorhees, Callahan, Basham, Sheltrown,

Absent: Rep. Garza,

Excused: Rep. Garza.

Second Reading of Bills

House Bill No. 5380, entitled

Was read a second time, and the question being on the adoption of the proposed substitute (H-4) previously recommended by the Committee on Conservation and Outdoor Recreation,

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

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

The motion prevailed.

______

Rep. Adamini moved that Rep. Rich Brown be excused temporarily from today's session.

The motion prevailed.

By unanimous consent the House returned to the order of

Messages from the Senate

The Speaker laid before the House

House Bill No. 4736, entitled

A bill to amend 1961 PA 120, entitled "An act to authorize the development or redevelopment of principal shopping districts and business improvement districts; to permit the creation of certain boards; to provide for the operation of principal shopping districts and business improvement districts; and to authorize the collection of revenue and the bonding of certain cities for the development or redevelopment projects," (MCL 125.981 to 125.987) by adding chapter 2.

(The bill was received from the Senate on October 11, with substitute (S-2) and immediate effect given by the Senate, consideration of which, under the rules, was postponed until October 16, see House Journal No. 69, p. 2055.)

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

The substitute (S-2) was not concurred in, a majority of the members serving not voting therefor, by yeas and nays, as follows:

Roll Call No. 719 Yeas--8

Anderson Callahan Plakas Switalski

Brown, B. Jamnick Spade Woodward

Nays--50

Allen George Kooiman Richardville

Birkholz Gilbert Kowall Richner

Bisbee Gosselin Kuipers Rocca

Bishop Hager LaSata Scranton

Bradstreet Hart Mead Shulman

Brown, C. Howell Meyer Stewart

Cassis Hummel Middaugh Tabor

Caul Jacobs Mortimer Van Woerkom

DeWeese Jelinek Newell Vander Roest

Drolet Johnson, Rick Pappageorge Vear

Ehardt Johnson, Ruth Patterson Voorhees

Faunce Julian Pumford Woronchak

Garza Koetje

In The Chair: Julian

Rep. Richardville moved to reconsider the vote by which the House did not concur in the Senate substitute (S-2).

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

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

Rep. Patterson moved that consideration of the bill be postponed for the day.

The motion prevailed.

Second Reading of Bills

House Bill No. 4870, entitled

A bill to amend 1978 PA 59, entitled "Condominium act," by amending section 141 (MCL 559.241), as amended by 1980 PA 513.

The bill was read a second time.

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

The motion prevailed.

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

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

______

Rep. Zelenko moved that Rep. Whitmer be excused temporarily from today's session.

The motion prevailed.

Rep. Vander Roest moved that Reps. Vander Veen, Godchaux and Toy 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. 4870, entitled

A bill to amend 1978 PA 59, entitled "Condominium act," by amending section 141 (MCL 559.241), as amended by 1980 PA 513.

Was read a third time and not passed, a majority of the members serving not voting therefor, by yeas and nays, as follows:

Roll Call No. 720 Yeas--26

Anderson Garza Neumann Spade

Bernero Gieleghem Phillips Switalski

Brown, B. Hansen Reeves Thomas

Callahan Hardman Richner Williams

Clark, I. Jamnick Schauer Wojno

Clarke, H. Kolb Sheltrown Woodward

Frank Lemmons

Nays--47

Allen George Kooiman Richardville

Birkholz Gilbert Kowall Rocca

Bisbee Gosselin Kuipers Scranton

Bishop Hager LaSata Shulman

Bradstreet Hart Mead Stewart

Brown, C. Howell Meyer Tabor

Cassis Hummel Middaugh Van Woerkom

Caul Jelinek Mortimer Vander Roest

DeRossett Johnson, Rick Newell Vear

Drolet Johnson, Ruth Pappageorge Voorhees

Ehardt Julian Patterson Woronchak

Faunce Koetje Pumford

In The Chair: Julian

Second Reading of Bills

House Bill No. 4871, entitled

A bill to amend 1921 PA 207, entitled "City and village zoning act," by amending sections 3b and 5 (MCL 125.583b and 125.585), section 3b as amended by 1993 PA 210 and section 5 as amended by 2000 PA 20.

The bill was read a second time.

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

The motion prevailed.

House Bill No. 4989, entitled

A bill to amend 1979 PA 218, entitled "Adult foster care facility licensing act," by amending section 11 (MCL 400.711), as amended by 1992 PA 176.

The bill was read a second time.

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

The motion prevailed.

Rep. Patterson 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. 4989, entitled

A bill to amend 1979 PA 218, entitled "Adult foster care facility licensing act," by amending section 11 (MCL 400.711), as amended by 1992 PA 176.

Was read a third time and not passed, a majority of the members serving not voting therefor, by yeas and nays, as follows:

Roll Call No. 721 Yeas--38

Adamini Daniels Lipsey Richner

Anderson Frank Lockwood Schauer

Basham Garza McConico Sheltrown

Bernero Gieleghem Murphy Spade

Bogardus Hale Neumann Thomas

Brown, B. Hansen O'Neil Williams

Brown, R. Hardman Phillips Wojno

Callahan Jamnick Plakas Woodward

Clark, I. Kolb Reeves Zelenko

Clarke, H. Lemmons

Nays--49

Allen George Kooiman Richardville

Birkholz Gilbert Kowall Rocca

Bisbee Gosselin Kuipers Scranton

Bishop Hager LaSata Shackleton

Bradstreet Hart Mead Shulman

Brown, C. Howell Meyer Stewart

Cassis Hummel Middaugh Tabor

Caul Jelinek Mortimer Van Woerkom

DeRossett Johnson, Rick Newell Vander Roest

DeWeese Johnson, Ruth Pappageorge Vear

Drolet Julian Patterson Voorhees

Ehardt Koetje Pumford Woronchak

Faunce

In The Chair: Julian

Rep. Patterson moved that House Bill No. 4871 be placed on its immediate passage.

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

House Bill No. 4871, entitled

Was read a third time and not passed, a majority of the members serving not voting therefor, by yeas and nays, as follows:

Roll Call No. 722 Yeas--39

Adamini Daniels Lipsey Richner

Anderson Frank Lockwood Schauer

Basham Garza McConico Sheltrown

Bernero Gieleghem Murphy Spade

Bogardus Hale Neumann Waters

Brown, B. Hansen O'Neil Williams

Brown, R. Hardman Phillips Wojno

Callahan Jamnick Plakas Woodward

Clark, I. Kolb Quarles Zelenko

Clarke, H. Lemmons Reeves

Nays--47

Allen Faunce Kooiman Richardville

Birkholz George Kowall Rocca

Bisbee Gilbert Kuipers Shackleton

Bishop Gosselin LaSata Shulman

Bradstreet Hager Mead Stewart

Brown, C. Hart Meyer Tabor

Cassis Howell Middaugh Van Woerkom

Caul Hummel Mortimer Vander Roest

DeRossett Jelinek Newell Vear

DeWeese Johnson, Ruth Pappageorge Voorhees

Drolet Julian Patterson Woronchak

Ehardt Koetje Pumford

In The Chair: Julian

Notices

December 6, 2001

Mr. Gary L. Randall, Clerk

House of Representatives

State Capitol Building

Lansing, Michigan 48913

Dear Mr. Randall:

Effective immediately, I am reinstating Representative Barbara Vander Veen to the Committee on Family and Children Services and removing Representative Mark Jansen.

Thank you for your attention to this matter. Please feel free to contact my office if you have any questions.

Sincerely,

Rick Johnson

Speaker of the House

By unanimous consent the House returned to the order of

Reports of Standing Committees

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

House Bill No. 5457, entitled

A bill to amend 1976 PA 448, entitled "Michigan energy employment act of 1976," by amending section 5 (MCL 460.805).

Without amendment and with the recommendation that the bill pass.

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

Favorable Roll Call

HB 5457 To Report Out:

Yeas: Reps. Bradstreet, Middaugh, Birkholz, Cassis, Richardville, Rivet, Bovin, Bob Brown, Daniels, Woodward,

Nays: None.

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

House Bill No. 5458, entitled

A bill to amend 1976 PA 448, entitled "Michigan energy employment act of 1976," by amending section 44 (MCL 460.844).

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

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

Favorable Roll Call

HB 5458 To Report Out:

Yeas: Reps. Bradstreet, Middaugh, Birkholz, Bishop, Cassis, Richardville, Rivet, Bovin, Bob Brown, Daniels, Schauer, Woodward,

Nays: None.

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

House Bill No. 5459, entitled

A bill to amend 1976 PA 448, entitled "Michigan energy employment act of 1976," by amending section 40 (MCL 460.840).

Without amendment and with the recommendation that the bill pass.

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

Favorable Roll Call

HB 5459 To Report Out:

Yeas: Reps. Bradstreet, Middaugh, Birkholz, Bishop, Cassis, Richardville, Rivet, Bovin, Bob Brown, Daniels, Schauer, Woodward,

Nays: None.

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

House Concurrent Resolution No. 49.

A concurrent resolution to urge the United States Environmental Protection Agency to reevaluate and adjust Michigan's cap on nitrogen oxide emissions.

(For text of resolution, see House Journal No. 80, p. 2392.)

With the recommendation that the following substitute (H-2) be adopted and that the concurrent resolution then be adopted.

Substitute for House Concurrent Resolution No. 49.

A concurrent resolution to urge the United States Environmental Protection Agency to reevaluate Michigan's electrical demand growth rate and promote energy efficiency and the health of Michigan's citizens.

Whereas, Identifying specific strategies to control the transport of ozone-causing pollutants is a major challenge facing Michigan and our country. Michigan is strongly committed to the development of an effective and fair program based on emissions standards and practices that are appropriate for the state's future; and

Whereas, NOx is one of the precursors to the formation of ground level ozone or smog. It is believed by many in the healthcare delivery community that exposure to smog can result in a variety of health problems, including the aggravation of asthma and other respiratory diseases; and

Whereas, Programs to encourage the use of high efficiency, electrically orientated products and goods could help address Michigan's electricity demand growth; and

Whereas, Several years ago, the EPA NOx State Implementation Plan Call Rule set a cap on nitrogen oxide emissions that is based on miscalculations of Michigan's energy needs. The EPA assumptions, upon which the NOx emissions cap is determined, factor in an annual energy demand growth rate to the year 2007 at approximately one percent. In fact, however, the Michigan Public Service Commission has projected the state's annual energy growth rate to be approximately 2.28 percent, more than twice the rate used in the EPA calculations; and

Whereas, The impact of using the wrong energy growth assumptions is that Michigan would be forced to live under emissions thresholds that are prohibitively expensive. The restrictions would seriously hamper the state's economic strength, as well as jeopardizing energy supplies in the years to come. For this to occur because of erroneous assumptions is clearly wrong; and

Whereas, The EPA has provided other affected states surrounding Michigan with much more realistic estimates of their energy demand growth rates. The use of unrealistically low energy growth rates for Michigan would place this state at an unfair competitive disadvantage with surrounding states; and

Whereas, Michigan is in the process of adopting regulations to impose control levels that comply with EPA goals for air quality, including in areas of the Atlantic coast. Our state is also seeking a legal remedy in the federal courts, a process which is protracted and expensive, and which directs resources away from other productive endeavors. Clearly, it would be far more effective for the EPA to revisit the issue of Michigan's NOx budget in the context of the correct data on energy demand growth rates; and

Whereas, This state is in the process of evaluating its energy policies by reviewing its electric generation capabilities and its ability to meet our future energy demands; now, therefore, be it

Resolved by the House of Representatives (the Senate concurring), That we urge the United States Environmental Protection Agency to reevaluate Michigan's electrical demand growth rate, using realistic energy growth rates for prior years and projections for the years to come; and be it further

Resolved, That we urge the United States Environmental Protection Agency to support programs calling for energy efficiency, also taking into consideration the impacts on public health; and be it further

Resolved, That copies of this resolution be transmitted to the United States Environmental Protection Agency.

The Speaker announced that under Rule 77 the concurrent resolution would lie over one day.

Favorable Roll Call

HCR 49 To Report Out:

Yeas: Reps. Bradstreet, Middaugh, Birkholz, Bishop, Cassis, Kowall, Richardville, Rivet, Bovin, Bob Brown, Daniels, Schauer, Woodward,

Nays: None.

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Thursday, December 6, 2001, at 10:00 a.m.,

Present: Reps. Bradstreet, Middaugh, Birkholz, Bisbee, Bishop, Cassis, Kowall, Richardville, Rivet, Bovin, Bob Brown, Daniels, Schauer, Thomas, Woodward,

Absent: Reps. Howell, Vander Veen,

Excused: Reps. Howell, Vander Veen.

The Committee on Education, by Rep. Kuipers, Chair, reported

House Bill No. 4672, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," (MCL 380.1 to 380.1852) by adding section 1178a.

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

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

Favorable Roll Call

HB 4672 To Report Out:

Yeas: Reps. Meyer, Bradstreet, DeWeese, Hager, Hart, Ruth Johnson, Van Woerkom, Voorhees, Hansen, Bogardus, Clark, McConico, Spade, Zelenko,

Nays: None.

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Thursday, December 6, 2001, at 9:00 a.m.,

Present: Reps. Kuipers, Meyer, Bradstreet, DeWeese, Hager, Hart, Ruth Johnson, Van Woerkom, Voorhees, Hansen, Bogardus, Clark, McConico, Spade, Zelenko,

Absent: Reps. Allen, Gieleghem,

Excused: Reps. Allen, Gieleghem.

The Committee on Civil Law and the Judiciary, by Rep. Howell, Chair, reported

Senate Bill No. 76, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 507 (MCL 600.507), as amended by 1994 PA 138.

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

1. Amend page 1, line 8, after "votes" by striking out the balance of the sentence and inserting "in the November 2002 general election shall be elected for a term of 8 years, and the candidate receiving the second highest number of votes shall be elected for a term of 6 years.".

2. Amend page 2, line 6, by striking out all of subdivision (c) and relettering the remaining subdivisions.

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

Favorable Roll Call

SB 76 To Report Out:

Yeas: Reps. Howell, Hummel, Bisbee, Faunce, Koetje, Richner, Voorhees, Adamini, Lipsey, Minore, Waters,

Nays: None.

The Committee on Civil Law and the Judiciary, by Rep. Howell, Chair, reported

Senate Bill No. 109, entitled

A bill to amend 1964 PA 170, entitled "An act to make uniform the liability of municipal corporations, political subdivisions, and the state, its agencies and departments, officers, employees, and volunteers thereof, and members of certain boards, councils, and task forces when engaged in the exercise or discharge of a governmental function, for injuries to property and persons; to define and limit this liability; to define and limit the liability of the state when engaged in a proprietary function; to authorize the purchase of liability insurance to protect against loss arising out of this liability; to provide for defending certain claims made against public officers and paying damages sought or awarded against them; to provide for the legal defense of public officers and employees; to provide for reimbursement of public officers and employees for certain legal expenses; and to repeal certain acts and parts of acts," (MCL 691.1401 to 691.1415) by adding section 16.

With the recommendation that the substitute (H-4) 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 109 To Report Out:

Yeas: Reps. Howell, Hummel, Bisbee, Faunce, Koetje, Richner, Voorhees, Adamini, Lipsey, Minore, Waters,

Nays: None.

The Committee on Civil Law and the Judiciary, by Rep. Howell, Chair, reported

Senate Bill No. 764, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending sections 508, 803, and 8134 (MCL 600.508, 600.803, and 600.8134), section 803 as amended by 1998 PA 55 and section 8134 as amended by 1987 PA 75.

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

1. Amend page 5, line 11, by striking out all of subdivision (c) and relettering the remaining subdivisions.

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

Favorable Roll Call

SB 764 To Report Out:

Yeas: Reps. Howell, Hummel, Bisbee, Faunce, Koetje, Richner, Voorhees, Adamini, Lipsey, Minore, Waters,

Nays: None.

The Committee on Civil Law and the Judiciary, by Rep. Howell, Chair, reported

Senate Bill No. 765, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 504 (MCL 600.504), as amended by 1996 PA 388.

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

1. Amend page 2, line 6, by striking out all of subdivision (c) and relettering the remaining subdivisions.

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

Favorable Roll Call

SB 765 To Report Out:

Yeas: Reps. Howell, Hummel, Bisbee, Faunce, Koetje, Voorhees,

Nays: Reps. Richner, Waters.

The Committee on Civil Law and the Judiciary, by Rep. Howell, Chair, reported

Senate Bill No. 786, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 8121 (MCL 600.8121), as amended by 2000 PA 449.

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

1. Amend page 5, line 3, by striking out all of subdivision (d) and relettering the remaining subdivisions.

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

Favorable Roll Call

SB 786 To Report Out:

Yeas: Reps. Howell, Hummel, Bisbee, Faunce, Koetje, Voorhees,

Nays: Reps. Richner, Lipsey, Waters.

The Committee on Civil Law and the Judiciary, by Rep. Howell, Chair, reported

Senate Bill No. 825, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending sections 518 and 521 (MCL 600.518 and 500.521), section 518 as amended by 1988 PA 134 and section 521 as amended by 1990 PA 54.

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

1. Amend page 2, line 19, by striking out all of subdivision (d) and relettering the remaining subdivisions.

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

Favorable Roll Call

SB 825 To Report Out:

Yeas: Reps. Howell, Hummel, Bisbee, Faunce, Koetje, Richner, Voorhees, Adamini, Lipsey, Minore, Waters,

Nays: None.

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Howell, Chair of the Committee on Civil Law and the Judiciary, was received and read:

Meeting held on: Thursday, December 6, 2001, at 9:30 a.m.,

Present: Reps. Howell, Hummel, Bisbee, Faunce, Koetje, Richner, Voorhees, Adamini, Lipsey, Minore, Waters.

The Committee on Family and Children Services, by Rep. Hart, Chair, reported

House Bill No. 5316, entitled

A bill to amend 1939 PA 280, entitled "The social welfare act," (MCL 400.1 to 400.119b) by adding section 14h.

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 5316 To Report Out:

Yeas: Reps. Hart, DeWeese, Hager, Jansen, Tabor,

Nays: Reps. Murphy, Bernero.

The Committee on Family and Children Services, by Rep. Hart, Chair, reported

Senate Bill No. 817, entitled

A bill to amend 1939 PA 280, entitled "The social welfare act," by amending sections 57d, 57e, 57f, and 57g (MCL 400.57d, 400.57e, 400.57f, and 400.57g), as added by 1995 PA 223, and by adding section 14h.

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 817 To Report Out:

Yeas: Reps. Hart, DeWeese, Hager, Jansen, Tabor,

Nays: Rep. Bernero.

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Thursday, December 6, 2001, at 9:00 a.m.,

Present: Reps. Hart, DeWeese, Hager, Jansen, Tabor, Murphy, Bernero,

Absent: Reps. Garza, Rison,

Excused: Reps. Garza, Rison.

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Thursday, December 6, 2001, at 8:00 a.m.,

Present: Reps. DeRossett, Julian, Ehardt, Gilbert, Meyer, Van Woerkom, Vear, Sheltrown, Hansen, Spade,

Absent: Rep. Bogardus,

Excused: Rep. Bogardus.

By unanimous consent the House returned to the order of

Motions and Resolutions

Rep. Bishop moved to withdraw the notice to reconsider the vote by which the House passed Senate Bill No. 173.

The motion prevailed.

Third Reading of Bills

Rep. Richardville moved that House Bill No. 5474 be placed on its immediate passage.

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

House Bill No. 5474, entitled

A bill to amend 1975 PA 228, entitled "Single business tax act," by amending section 7 (MCL 208.7), as amended by 2000 PA 477.

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

Roll Call No. 723 Yeas--97

Adamini Garza LaSata Richner

Allen George Lemmons Rivet

Anderson Gieleghem Lipsey Rocca

Basham Gilbert Lockwood Scranton

Bernero Gosselin McConico Shackleton

Birkholz Hager Mead Sheltrown

Bisbee Hale Meyer Shulman

Bishop Hansen Middaugh Spade

Bovin Hardman Minore Stallworth

Bradstreet Hart Mortimer Stamas

Brown, B. Howell Murphy Stewart

Brown, C. Hummel Neumann Switalski

Brown, R. Jacobs Newell Tabor

Callahan Jamnick O'Neil Thomas

Cassis Jansen Pappageorge Van Woerkom

Caul Jelinek Patterson Vander Roest

Clark, I. Johnson, Rick Pestka Vear

Clarke, H. Johnson, Ruth Phillips Voorhees

Daniels Julian Plakas Waters

DeRossett Koetje Pumford Williams

DeWeese Kolb Quarles Wojno

Drolet Kooiman Raczkowski Woodward

Ehardt Kowall Reeves Woronchak

Faunce Kuipers Richardville Zelenko

Frank

Nays--0

In The Chair: Julian

The House agreed to the title of the bill.

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

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

Rep. Richardville moved that House Bill No. 5313 be placed on its immediate passage.

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

House Bill No. 5313, entitled

Rep. Woodward moved that the bill be read in its entirety by the Clerk.

The motion prevailed.

Rep. Richardville moved that Rule 46 be suspended.

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

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

Roll Call No. 724 Yeas--97

Adamini Garza LaSata Rivet

Allen George Lemmons Rocca

Anderson Gieleghem Lipsey Schauer

Basham Gilbert Lockwood Scranton

Bernero Gosselin McConico Shackleton

Birkholz Hager Mead Sheltrown

Bisbee Hale Meyer Shulman

Bishop Hansen Middaugh Spade

Bovin Hardman Minore Stallworth

Bradstreet Hart Mortimer Stamas

Brown, B. Howell Murphy Stewart

Brown, C. Hummel Neumann Switalski

Brown, R. Jacobs Newell Tabor

Callahan Jamnick O'Neil Thomas

Cassis Jansen Pappageorge Van Woerkom

Caul Jelinek Patterson Vander Roest

Clark, I. Johnson, Rick Pestka Vear

Clarke, H. Johnson, Ruth Phillips Voorhees

Daniels Julian Plakas Waters

DeRossett Koetje Pumford Williams

DeWeese Kolb Raczkowski Wojno

Drolet Kooiman Reeves Woodward

Ehardt Kowall Richardville Woronchak

Faunce Kuipers Richner Zelenko

Frank

Nays--0

In The Chair: Julian

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

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

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending sections 1201, 1202, 1203, 1204, 1204c, 1205, 1206, 1209, 1214, 1224, 1234, 1242, 1243, 1244, 1905, and 3310 (MCL 500.1201, 500.1202, 500.1203, 500.1204, 500.1204c, 500.1205, 500.1206, 500.1209, 500.1214, 500.1224, 500.1234, 500.1242, 500.1243, 500.1244, 500.1905, and 500.3310), section 1201 as amended by 1980 PA 340, sections 1204 and 1214 as amended by 1986 PA 173, section 1204c as amended by 1998 PA 540, section 1206 as amended by 1992 PA 1, section 1209 as amended by 1980 PA 461, section 1224 as amended by 2000 PA 35, section 1234 as amended by 1981 PA 1, section 1243 as added by 1994 PA 409, section 1244 as amended by 1984 PA 7, section 1905 as amended by 1996 PA 548, and section 3310 as amended by 1986 PA 10, and by adding sections 1201a, 1204e, 1206a, 1206b, 1208a, 1208b, 1211, 1211a, 1211b, 1239, 1240, 1246, and 1247.

The motion prevailed.

The House agreed to the title as amended.

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

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

Rep. Richardville moved that House Bill No. 5380 be placed on its immediate passage.

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

House Bill No. 5380, entitled

The bill was read a third time.

The question being on the passage of the bill,

Rep. Callahan moved to amend the bill as follows:

1. Amend page 9, line 17, after "of" by striking out "$20,000.00" and inserting "$25,000.00".

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

The question being on the passage of the bill,

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

Roll Call No. 725 Yeas--98

Adamini Garza Lemmons Rivet

Allen George Lipsey Rocca

Anderson Gieleghem Lockwood Schauer

Basham Gilbert McConico Scranton

Bernero Gosselin Mead Shackleton

Birkholz Hager Meyer Sheltrown

Bisbee Hale Middaugh Shulman

Bishop Hansen Minore Spade

Bovin Hardman Mortimer Stallworth

Bradstreet Hart Murphy Stamas

Brown, B. Howell Neumann Stewart

Brown, C. Hummel Newell Switalski

Brown, R. Jacobs O'Neil Tabor

Callahan Jamnick Pappageorge Thomas

Cassis Jansen Patterson Van Woerkom

Caul Jelinek Pestka Vander Roest

Clark, I. Johnson, Rick Phillips Vear

Clarke, H. Johnson, Ruth Plakas Voorhees

Daniels Julian Pumford Waters

DeRossett Koetje Quarles Williams

DeWeese Kolb Raczkowski Wojno

Drolet Kooiman Reeves Woodward

Ehardt Kowall Richardville Woronchak

Faunce Kuipers Richner Zelenko

Frank LaSata

Nays--0

In The Chair: Julian

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

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

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 16901, 16902, 16903, 16904a, 16905, 16906, 16908, and 16909 (MCL 324.16901, 324.16902, 324.16903, 324.16904a, 324.16905, 324.16906, 324.16908, and 324.16909), sections 16901 and 16903 as amended and section 16904a as added by 1997 PA 17 and section 16908 as amended by 1995 PA 268; and to repeal acts and parts of acts.

The motion prevailed.

The House agreed to the title as amended.

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

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

Reps. Anderson, Basham, Birkholz, Bisbee, Bovin, Bob Brown, Cameron Brown, Callahan, Cassis, Caul, Clarke, Daniels, DeRossett, Drolet, Ehardt, Faunce, Garza, George, Gieleghem, Gilbert, Hager, Howell, Julian, Koetje, Kooiman, Kowall, Kuipers, Lemmons, Meyer, Middaugh, Mortimer, Murphy, Newell, O'Neil, Pappageorge, Pestka, Phillips, Plakas, Pumford, Richardville, Rocca, Schauer, Shackleton, Shulman, Spade, Stallworth, Stamas, Stewart, Switalski, Tabor, Vander Roest, Vear, Wojno and Zelenko were named co-sponsors of the bill.

The House returned to the consideration of

House Bill No. 4870, entitled

A bill to amend 1978 PA 59, entitled "Condominium act," by amending section 141 (MCL 559.241), as amended by 1980 PA 513.

(The bill was considered earlier today, see today's journal, p. 2601.)

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

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

The question being on the passage of the bill,

Rep. Patterson moved that consideration of the bill be postponed for the day.

The motion prevailed.

The House returned to the consideration of

House Bill No. 4871, entitled

(The bill was considered earlier today, see today's journal, p. 2603.)

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

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

The question being on the passage of the bill,

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

Roll Call No. 726 Yeas--95

Adamini George Lipsey Rocca

Allen Gieleghem Lockwood Schauer

Anderson Gilbert McConico Scranton

Basham Hager Mead Shackleton

Bernero Hale Meyer Sheltrown

Birkholz Hansen Middaugh Shulman

Bisbee Hardman Minore Spade

Bishop Hart Mortimer Stallworth

Bovin Howell Murphy Stamas

Brown, B. Hummel Neumann Stewart

Brown, C. Jacobs Newell Switalski

Brown, R. Jamnick O'Neil Tabor

Callahan Jansen Pappageorge Thomas

Cassis Jelinek Patterson Van Woerkom

Caul Johnson, Rick Pestka Vander Roest

Clark, I. Johnson, Ruth Phillips Vear

Clarke, H. Julian Plakas Voorhees

Daniels Koetje Pumford Waters

DeRossett Kolb Quarles Williams

DeWeese Kooiman Raczkowski Wojno

Ehardt Kowall Reeves Woodward

Faunce Kuipers Richardville Woronchak

Frank LaSata Richner Zelenko

Garza Lemmons Rivet

Nays--3

Bradstreet Drolet Gosselin

In The Chair: Julian

The House agreed to the title of the bill.

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

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

Reps. Adamini, Basham, Rich Brown, DeRossett, Hardman, Howell, Julian, Kolb, Lockwood, McConico, Meyer, Minore, Murphy, Phillips, Plakas, Quarles, Reeves, Richardville, Stewart, Woodward and Zelenko were named co-sponsors of the bill.

______

Rep. Neumann moved that Rep. Sheltrown be excused temporarily from today's session.

The motion prevailed.

The House returned to the consideration of

House Bill No. 4989, entitled

A bill to amend 1979 PA 218, entitled "Adult foster care facility licensing act," by amending section 11 (MCL 400.711), as amended by 1992 PA 176.

(The bill was considered earlier today, see today's journal, p. 2602.)

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

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

The question being on the passage of the bill,

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

Roll Call No. 727 Yeas--88

Allen Gieleghem Lipsey Richner

Anderson Gilbert Lockwood Rivet

Basham Hager McConico Rocca

Bernero Hale Mead Schauer

Birkholz Hansen Meyer Scranton

Bisbee Hardman Middaugh Shulman

Bovin Hart Minore Spade

Brown, B. Howell Mortimer Stallworth

Brown, C. Hummel Murphy Stamas

Callahan Jacobs Neumann Stewart

Cassis Jamnick Newell Switalski

Caul Jansen O'Neil Tabor

Clark, I. Jelinek Pappageorge Thomas

Clarke, H. Johnson, Rick Patterson Van Woerkom

Daniels Johnson, Ruth Pestka Vander Roest

DeRossett Julian Phillips Vear

DeWeese Koetje Plakas Voorhees

Ehardt Kolb Pumford Waters

Faunce Kooiman Quarles Wojno

Frank Kowall Raczkowski Woodward

Garza Kuipers Reeves Woronchak

George LaSata Richardville Zelenko

Nays--5

Bishop Drolet Gosselin Shackleton

Bradstreet

In The Chair: Julian

The House agreed to the title of the bill.

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

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

Reps. Adamini, Basham, Bernero, Rich Brown, Clark, Clarke, Daniels, DeRossett, DeWeese, Frank, Garza, Hale, Jacobs, Jamnick, Jelinek, Kolb, Kowall, Lemmons, Lipsey, Lockwood, Mead, Minore, O'Neil, Phillips, Plakas, Quarles, Reeves, Richardville, Richner, Rivet, Scranton, Stallworth, Stewart, Switalski, Thomas, Waters, Woodward and Zelenko were named co-sponsors of the bill.

______

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

The motion prevailed.

Rep. Callahan moved that the House adjourn.

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

Associate Speaker Pro Tempore Julian declared the House adjourned until Tuesday, December 11, at 2:00 p.m.

GARY L. RANDALL

Clerk of the House of Representatives.

Adamini	Frank	Lemmons	Schauer
Allen	George	Lipsey	Scranton
Anderson	Gieleghem	Lockwood	Shackleton
Basham	Gilbert	McConico	Sheltrown
Bernero	Godchaux	Mead	Shulman
Birkholz	Gosselin	Meyer	Spade
Bisbee	Hager	Middaugh	Stallworth
Bishop	Hale	Minore	Stamas
Bogardus	Hansen	Mortimer	Stewart
Bovin	Hardman	Murphy	Switalski
Bradstreet	Hart	Neumann	Tabor
Brown, B.	Howell	Newell	Thomas
Brown, C.	Hummel	O'Neil	Toy
Brown, R.	Jacobs	Pappageorge	Van Woerkom
Callahan	Jamnick	Patterson	Vander Roest
Cassis	Jansen	Pestka	Vander Veen
Caul	Jelinek	Phillips	Vear
Clark, I.	Johnson, Rick	Plakas	Voorhees
Clarke, H.	Johnson, Ruth	Pumford	Waters
Daniels	Julian	Quarles	Whitmer
DeRossett	Koetje	Raczkowski	Williams
DeVuyst	Kolb	Reeves	Wojno
DeWeese	Kooiman	Richardville	Woodward
Drolet	Kowall	Richner	Woronchak
Ehardt	Kuipers	Rivet	Zelenko
Faunce	LaSata	Rocca

Adamini	Garza	Minore	Sheltrown
Anderson	Gieleghem	Murphy	Spade
Basham	Hale	Neumann	Stallworth
Bernero	Hansen	O'Neil	Switalski
Bogardus	Hardman	Pestka	Thomas
Bovin	Jacobs	Phillips	Waters
Brown, B.	Jamnick	Plakas	Whitmer
Brown, R.	Kolb	Quarles	Williams
Callahan	Lemmons	Reeves	Wojno
Clark, I.	Lipsey	Rivet	Woodward
Clarke, H.	Lockwood	Schauer	Zelenko