hj07032t.061

No. 61

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

91st Legislature

REGULAR SESSION OF 2002

House Chamber, Lansing, Wednesday, July 3, 2002.

12:05 a.m.

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

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--excused

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--present

DeRossett--present

DeVuyst--present

DeWeese--present

Drolet--present

Ehardt--present

Faunce--present

Frank--present

Garza--present

George--present

Gieleghem--present

Gilbert--present

Godchaux--excused

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

Koetje--present

Kolb--present

Kooiman--present

Kowall--present

Kuipers--present

LaSata--present

Lemmons--present

Lipsey--present

Lockwood--present

Mans--present

McConico--present

Mead--present

Meyer--present

Middaugh--present

Minore--present

Mortimer--present

Murphy--present

Neumann--present

Newell--present

O'Neil--present

Palmer--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

Van Woerkom--present

Vander Roest--present

Vander Veen--present

Vear--present

Voorhees--present

Waters--present

Whitmer--present

Williams--present

Wojno--excused

Woodward--present

Woronchak--present

Zelenko--excused

e/d/s = entered during session

Rep. Patricia Birkholz, from the 88th District, offered the following invocation:

"Dear Lord, as we come together in this soon to be dawn of a new day--the day before our day of independence in America, the day that we recognize and honor our independence as a country and as a people. We ask that You be here with us. Give us wisdom, guide us and help us work together to deal with the issues facing the people of the state of Michigan. Be with us always and help us to serve Thee. Amen."

______

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

The motion prevailed.

Rep. Jacobs moved that Reps. Bogardus, Rison, Schermesser, Wojno and Zelenko be excused from today's session.

The motion prevailed.

Reports of Standing Committees

The Committee on Appropriations, by Rep. Shulman, Chair, reported

House Bill No. 4492, entitled

A bill to amend 1971 PA 140, entitled "Glenn Steil state revenue sharing act of 1971," by amending sections 11 and 13 (MCL 141.911 and 141.913), as amended by 1998 PA 532.

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

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

Favorable Roll Call

HB 4492 To Report Out:

Yeas: Reps. Shulman, LaSata, Cameron Brown, Caul, Jansen, Jelinek, Kooiman, Mead, Mortimer, Newell, Pappageorge, Pumford, Shackleton, Stamas, Stewart, Toy, Vander Roest,

Nays: Reps. Frank, Rich Brown, Lockwood, Phillips, Plakas, Reeves, Stallworth, Switalski, Whitmer.

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, July 2, 2002, at 11:00 a.m.,

Present: Reps. Shulman, LaSata, Cameron Brown, Caul, Jansen, Jelinek, Kooiman, Mead, Mortimer, Newell, Pappageorge, Pumford, Shackleton, Stamas, Stewart, Toy, Vander Roest, Frank, Rich Brown, Clarke, Lockwood, Pestka, Phillips, Plakas, Reeves, Stallworth, Switalski, Whitmer.

Absent: Rep. Godchaux,

Excused: Rep. Godchaux.

By unanimous consent the House returned to the order of

Motions and Resolutions

Rep. Kuipers offered the following resolution:

House Resolution No. 521.

A resolution to urge the legislative bodies of the other states to begin their daily legislative sessions with a recitation of the Pledge of Allegiance to the Flag.

Whereas, For more than a century, the Pledge of Allegiance to the Flag has served to unify the people of our country behind the essential ideals of our system of self-government. Generations of citizens, especially young people who begin each school day with this affirmation of citizenship, have used the Pledge of Allegiance to recommit themselves to one another; and

Whereas, In times of peril for our country, the Pledge of Allegiance has been especially meaningful in restating simply and quickly our devotion to our country and its highest aspirations. Today, as we face the difficult foe of terrorism, the Pledge of Allegiance reminds all who recite it of the importance of working together to defend our nation and its noble ideals; and

Whereas, The recent focus on the Pledge of Allegiance to the Flag occasioned by an ill-advised federal appellate court reminds us of the great significance of this simple, yet eloquent proclamation. All those who are privileged to carry out the work of government as elected representatives would do well to start each day with the Pledge of Allegiance to the Flag; now, therefore, be it

Resolved by the House of Representatives, That we urge the legislative bodies of the other states to begin their daily legislative sessions with a recitation of the Pledge of Allegiance to the Flag; and be it further

Resolved, That copies of this resolution be transmitted to the legislative bodies of each of the other states of the country.

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

Rep. Kuipers offered the following resolution:

House Resolution No. 522.

A resolution to amend the Standing Rules of the House of Representatives.

Resolved by the House of Representatives, That Rule 15 of the Standing Rules of the House of Representatives be amended to read as follows:

"Roll Call.

Rule 15. (A) The Clerk shall serve as parliamentarian of the House. The Clerk shall take the roll at the opening of each session of the House and announce whether or not a quorum is present. The Clerk shall enter upon the House Journal the names of the Members present for attendance roll call, the names of the Members specifically excused from session, and the names of the Members absent from session.

(B) The term "roll call" as used in these rules shall mean a record roll call.

(C) FOLLOWING THE ATTENDANCE ROLL CALL, THE HOUSE WILL BEGIN EACH DAY'S SESSION WITH A RECITATION OF THE PLEDGE OF ALLEGIANCE TO THE FLAG.".

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

Rep. Raczkowski offered the following resolution:

House Resolution No. 523.

A resolution to urge Senator Stabenow to stand up for Michigan and vote to approve the establishment of the permanent nuclear storage facility at Yucca Mountain in Nevada.

Whereas, The July 2, 2002, issue of the Las Vegas Review-Journal has reported that United States Senator Debbie Stabenow plans to vote against the establishment of the permanent nuclear waste facility at Yucca Mountain in Nevada. This marks a clear reversal of Senator Stabenow's earlier position of support. The report cites concerns over possible transportation options as the reason for her new position, just days before the full United States Senate is slated to vote on final approval; and

Whereas, Senator Stabenow's new stance flies in the face of the long years of research and preparation that indicate the advisability of the Nevada nuclear repository as the best option available for the safety and well-being of our people; and

Whereas, Opposition to the single site storage strategy at Yucca Mountain amounts to approval of the current storage situation, in which sites are scattered all across the country, with greatly varying degrees of safety and security. Opposing the Yucca Mountain plan, which has been developed painstakingly over many years, is of particular concern for Michigan, where nuclear waste sits in temporary storage not far from the world's largest accessible source of fresh water; and

Whereas, In accordance with federal law, Michigan electric customers have paid over $400 million into a federal fund for construction of the federal waste facility; and

Whereas, While the long effort to find and develop a site for nuclear storage has always been vitally important to the long-term health of our state and nation, a new level of urgency has been associated with this work in the aftermath of September 11th. The peril of continuing to store nuclear waste at dozens of sites all across America is high; and

Whereas, The risks of maintaining the current system of storage indefinitely are understood by the people of Michigan. It is imperative that our state's wishes--for the approval of the Yucca Mountain site--be represented in the United States Senate on this critically important matter; now, therefore, be it

Resolved by the House of Representatives, That we urge Senator Stabenow to stand up for Michigan and vote to approve the establishment of the permanent nuclear storage facility at Yucca Mountain in Nevada; and be it further

Resolved, That a copy of this resolution be transmitted to Senator Stabenow.

The resolution was referred to the Committee on Energy and Technology.

Introduction of Bills

Reps. Lemmons, McConico, Schauer, Kolb, Minore, Woodward, Daniels, Clarke and Waters introduced

House Bill No. 6240, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending section 2110a (MCL 500.2110a), as added by 1996 PA 514.

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

Reps. Woronchak and Spade introduced

House Bill No. 6241, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 20194 and 21799a (MCL 333.20194 and 333.21799a), section 20194 as added by 1993 PA 79.

The bill was read a first time by its title and referred to the Committee on Senior Health, Security and Retirement.

Reps. Spade and Woronchak introduced

House Bill No. 6242, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending section 21799c (MCL 333.21799c), as amended by 1996 PA 546.

The bill was read a first time by its title and referred to the Committee on Senior Health, Security and Retirement.

Rep. Meyer introduced

House Bill No. 6243, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending section 5129 (MCL 333.5129), as amended by 1995 PA 253.

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

Reps. LaSata, Adamini, Sheltrown, Howell, Bishop, Bradstreet, Neumann and Waters introduced

House Bill No. 6244, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 82126 (MCL 324.82126), as amended by 1998 PA 30.

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

______

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

The motion prevailed.

Rep. Kolb moved that Rep. Thomas 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. 5883, entitled

A bill to amend 1984 PA 431, entitled "The management and budget act," by amending section 237 (MCL 18.1237), as amended by 1999 PA 8, and by adding section 237b.

(The bill was received from the Senate on June 5, with substitute (S-1), title amendment and immediate effect given by the Senate, consideration of which, under the rules, was postponed until June 13, see House Journal No. 54, p. 1921.)

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

Rep. LaSata moved to substitute (H-3) the Senate substitute (S-1).

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

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

The Senate substitute (S-1), as substituted (H-3), was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 1025 Yeas--88

Allen Frank LaSata Reeves

Anderson Garza Lemmons Richardville

Basham George Lipsey Richner

Bernero Gieleghem Lockwood Rocca

Birkholz Gilbert Mans Schauer

Bisbee Hager McConico Scranton

Bovin Hale Mead Shackleton

Bradstreet Hansen Meyer Shulman

Brown, B. Hardman Middaugh Spade

Brown, C. Hart Minore Switalski

Brown, R. Howell Mortimer Tabor

Cassis Hummel Murphy Toy

Caul Jacobs Neumann Van Woerkom

Clark, I. Jamnick Newell Vander Roest

Clarke, H. Jansen O'Neil Vander Veen

Daniels Jelinek Palmer Vear

DeRossett Johnson, Rick Pappageorge Voorhees

DeVuyst Johnson, Ruth Patterson Waters

DeWeese Julian Pestka Whitmer

Drolet Koetje Phillips Williams

Ehardt Kooiman Plakas Woodward

Faunce Kowall Pumford Woronchak

Nays--6

Bishop Gosselin Raczkowski Stamas

Callahan Kuipers

In The Chair: Julian

The House agreed to the title as amended.

Second Reading of Bills

Senate Bill No. 1322, entitled

A bill to amend 1975 PA 228, entitled "Single business tax act," (MCL 208.1 to 208.145) by adding section 39e.

The bill was read a second time.

Reps. Cassis and Richardville moved to amend the bill as follows:

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

"(8) NOTWITHSTANDING ANY OTHER PROVISION OF THIS ACT AND BEGINNING JANUARY 1, 2003, IF THE COMPREHENSIVE ANNUAL FINANCIAL REPORT OF THIS STATE FOR A STATE FISCAL YEAR, PUBLISHED PURSUANT TO SECTION 494 OF THE MANAGEMENT AND BUDGET ACT, 1984 PA 431, MCL 18.1494, REPORTS AN ENDING BALANCE OF MORE THAN $350,000,000.00 IN THE COUNTERCYCLICAL BUDGET AND ECONOMIC STABILIZATION FUND CREATED UNDER SECTION 351 OF THE MANAGEMENT AND BUDGET ACT, 1984 PA 431, MCL 18.1351, FOR THAT STATE FISCAL YEAR, THE TAX RATE UNDER THIS SECTION SHALL BE REDUCED BY 0.1 PERCENTAGE POINT ON THE JANUARY 1 FOLLOWING THE END OF THE STATE FISCAL YEAR FOR WHICH THE REPORT WAS ISSUED." and renumbering the remaining subsection.

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

"Enacting section 1. The single business tax act, 1975 PA 228, MCL 208.1 to 208.145, is repealed effective for tax years that begin after December 31, 2009.".

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

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

The motion prevailed.

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

Senate Bill No. 1322, entitled

A bill to amend 1975 PA 228, entitled "Single business tax act," (MCL 208.1 to 208.145) by adding section 39e.

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

Roll Call No. 1026 Yeas--86

Allen Faunce LaSata Richner

Anderson Garza Lemmons Rocca

Basham George Lockwood Schauer

Bernero Gieleghem Mans Scranton

Birkholz Gilbert Mead Shackleton

Bisbee Gosselin Meyer Shulman

Bishop Hager Middaugh Spade

Bovin Hale Mortimer Stallworth

Brown, B. Hansen Murphy Stamas

Brown, C. Hart Neumann Stewart

Brown, R. Howell Newell Switalski

Callahan Hummel O'Neil Tabor

Cassis Jamnick Palmer Toy

Caul Jansen Pappageorge Van Woerkom

Clark, I. Jelinek Patterson Vander Roest

Clarke, H. Johnson, Rick Pestka Vander Veen

Dennis Johnson, Ruth Plakas Vear

DeRossett Julian Pumford Voorhees

DeVuyst Koetje Quarles Whitmer

DeWeese Kooiman Raczkowski Woodward

Drolet Kowall Richardville Woronchak

Ehardt Kuipers

Nays--1

Reeves

In The Chair: Julian

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

"An act to provide for the imposition, levy, computation, collection, assessment and enforcement, by lien or otherwise, of taxes on certain commercial, business, and financial activities; to prescribe the manner and times of making certain reports and paying taxes; to prescribe the powers and duties of public officers and state departments; to permit the inspection of records of taxpayers; to provide for interest and penalties on unpaid taxes; to provide exemptions, credits, and refunds; to provide penalties; to provide for the disposition of funds; to provide for the interrelation of this act with other acts; and to provide an appropriation,".

The House agreed to the full title.

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

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

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

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

Second Reading of Bills

Senate Bill No. 1322, entitled

A bill to amend 1975 PA 228, entitled "Single business tax act," (MCL 208.1 to 208.145) by adding section 39e.

Rep. Patterson moved to reconsider the vote by which the House adopted the amendments offered previously by Reps. Cassis and Richardville.

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

The question being on the adoption of the amendments offered previously by Reps. Cassis and Richardville,

Rep. Cassis withdrew the amendments.

Reps. Cassis and Richardville moved to amend the bill as follows:

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

"(8) NOTWITHSTANDING ANY OTHER PROVISION OF THIS ACT AND FOR TAX YEARS THAT BEGIN AFTER DECEMBER 31, 2002, A PERSON WHOSE APPORTIONED OR ALLOCATED GROSS RECEIPTS ARE LESS THAN $350,000.00 FOR THE TAX YEAR NEED NOT FILE A RETURN OR PAY THE TAX AS PROVIDED UNDER THIS ACT." and renumbering the remaining subsection.

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

"Enacting section 1. The single business tax act, 1975 PA 228, MCL 208.1 to 208.145, is repealed effective for tax years that begin after December 31, 2009.".

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

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

The motion prevailed.

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

Senate Bill No. 1322, entitled

A bill to amend 1975 PA 228, entitled "Single business tax act," (MCL 208.1 to 208.145) by adding section 39e.

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. 1027 Yeas--61

Allen Gilbert Mead Schauer

Birkholz Gosselin Meyer Scranton

Bisbee Hager Middaugh Shackleton

Bishop Hart Mortimer Shulman

Bovin Howell Neumann Stamas

Bradstreet Hummel Newell Stewart

Brown, C. Jansen Palmer Switalski

Cassis Jelinek Pappageorge Tabor

Caul Johnson, Rick Patterson Toy

DeRossett Johnson, Ruth Pestka Van Woerkom

DeVuyst Julian Pumford Vander Roest

DeWeese Koetje Raczkowski Vander Veen

Drolet Kooiman Richardville Vear

Ehardt Kuipers Richner Voorhees

Faunce LaSata Rocca Woronchak

George

Nays--0

In The Chair: Julian

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. Patterson moved that the bill be given immediate effect.

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

By unanimous consent the House returned to the order of

Motions and Resolutions

Rep. Shulman moved that the Committee on Tax Policy be discharged from further consideration of House Bill No. 5248 and motion postponed for the day on June 19, see House Journal No. 57, p. 2206.

(For first notice see House Journal No. 56, p. 2108.)

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

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

Second Reading of Bills

House Bill No. 5248, entitled

A bill to amend 1993 PA 327, entitled "Tobacco products tax act," by amending sections 7 and 12 (MCL 205.427 and 205.432), as amended by 1997 PA 187.

The bill was read a second time.

Rep. Scranton moved to substitute (H-10) the bill.

The motion prevailed and the substitute (H-10) was adopted, a majority of the members serving voting therefor.

Rep. Meyer moved to amend the bill as follows:

1. Amend page 3, line 7, after the first "OR" by inserting "KNOWINGLY".

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

Rep. Stallworth 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. 5248, entitled

A bill to amend 1993 PA 327, entitled "Tobacco products tax act," by amending sections 7 and 12 (MCL 205.427 and 205.432), as amended by 1997 PA 187.

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

Roll Call No. 1028 Yeas--56

Allen Gilbert Kolb Scranton

Bernero Hager Kooiman Shackleton

Birkholz Hansen Kuipers Shulman

Bisbee Hardman LaSata Stallworth

Bovin Hart Lipsey Stewart

Cassis Howell Mead Tabor

Caul Hummel Meyer Thomas

Clarke, H. Jacobs Minore Toy

Dennis Jamnick Mortimer Van Woerkom

DeRossett Jansen Newell Vander Veen

DeVuyst Jelinek Pappageorge Voorhees

DeWeese Johnson, Rick Patterson Waters

Ehardt Julian Pumford Williams

George Koetje Richardville Woronchak

Nays--47

Adamini Faunce Middaugh Rivet

Anderson Frank Murphy Rocca

Basham Garza Neumann Schauer

Bishop Gieleghem O'Neil Sheltrown

Bradstreet Gosselin Palmer Spade

Brown, B. Hale Pestka Stamas

Brown, C. Johnson, Ruth Phillips Switalski

Brown, R. Kowall Plakas Vander Roest

Callahan Lemmons Quarles Vear

Clark, I. Lockwood Raczkowski Whitmer

Daniels Mans Reeves Woodward

Drolet McConico Richner

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 1993 PA 327, entitled "Tobacco products tax act," by amending sections 7 and 12 (MCL 205.427 and 205.432), as amended by 1997 PA 187, and by adding section 6c.

The motion prevailed.

The House agreed to the title as amended.

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

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

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

"Mr. Speaker and members of the House:

I was absent from the Chamber when the vote was taken on Roll Call Nos. 1026 and 1027. Had I been present, I would have voted 'yea'."

Second Reading of Bills

Senate Bill No. 926, entitled

A bill to amend 1999 PA 94, entitled "Michigan merit award scholarship act," by amending sections 5, 6, 7, and 8 (MCL 390.1455, 390.1456, 390.1457, and 390.1458).

(The bill was read a second time, substitute (H-1) adopted and bill postponed temporarily on June 4, see House Journal No. 53, p. 1856.)

Rep. Frank moved to amend the bill as follows:

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

"Sec. 3. (1) The Michigan merit award trust fund is established in the department of treasury. The trust fund shall consist only of interest and earnings from trust fund investments, donations of money made to the trust fund from any source, and the following percentages of tobacco settlement revenue:

(a) Thirty percent of the tobacco settlement revenue received in fiscal year 1999-2000.

(b) Fifty percent of tobacco settlement revenue received in fiscal year 2000-2001.

(c) Seventy-five percent of tobacco settlement revenue received in fiscal year 2001-2002. ~~and in subsequent fiscal years.~~

(D) FIFTY PERCENT OF TOBACCO SETTLEMENT REVENUE RECEIVED IN FISCAL YEAR 2002-2003 AND IN SUBSEQUENT FISCAL YEARS.

(2) Money in the trust fund at the close of a fiscal year shall remain in the trust fund and shall not revert to the general fund.

(3) The state treasurer shall direct the investment of the trust fund.".

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

Rep. Frank demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 1029 Yeas--47

Adamini DeVuyst Lemmons Rivet

Anderson DeWeese Lipsey Schauer

Basham Frank Lockwood Sheltrown

Bernero Garza Mans Spade

Bovin Gieleghem McConico Stallworth

Brown, B. Hale Meyer Thomas

Brown, R. Hansen Minore Van Woerkom

Callahan Hardman Mortimer Waters

Clark, I. Howell Murphy Whitmer

Clarke, H. Jacobs Neumann Williams

Daniels Jamnick O'Neil Woodward

Dennis Kolb Quarles

Nays--50

Allen Gilbert LaSata Scranton

Birkholz Gosselin Mead Shackleton

Bisbee Hager Middaugh Shulman

Bishop Hart Newell Stamas

Bradstreet Hummel Palmer Stewart

Brown, C. Jansen Pappageorge Tabor

Cassis Jelinek Patterson Toy

Caul Johnson, Ruth Pumford Vander Roest

DeRossett Julian Raczkowski Vander Veen

Drolet Koetje Richardville Vear

Ehardt Kooiman Richner Voorhees

Faunce Kowall Rocca Woronchak

George Kuipers

In The Chair: Julian

Rep. Caul moved to amend the bill as follows:

1. Amend page 1, line 1, by striking out all of section 5.

2. Amend page 11, following line 17, by inserting:

"(4) THE BOARD SHALL NOT DISBURSE FUNDS FOR A MICHIGAN MERIT SCHOLARSHIP TO A STUDENT OR AN APPROVED POSTSECONDARY EDUCATIONAL INSTITUTION ON BEHALF OF THE STUDENT FOR USE IN ANY ACADEMIC YEAR UNLESS IT RECEIVES THE REQUEST OR APPLICATION FOR PAYMENT, INCLUDING THE WRITTEN CERTIFICATION OR AFFIRMATION DESCRIBED IN THIS SECTION, FROM THE STUDENT ON OR BEFORE SEPTEMBER 30 IN THAT ACADEMIC YEAR.".

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

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

The motion prevailed.

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

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

______

Rep. Jacobs moved that Rep. Plakas be excused from the balance of today's session.

The motion prevailed.

By unanimous consent the House returned to the order of

Third Reading of Bills

Senate Bill No. 926, entitled

A bill to amend 1999 PA 94, entitled "Michigan merit award scholarship act," by amending sections 5, 6, 7, and 8 (MCL 390.1455, 390.1456, 390.1457, and 390.1458).

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

Roll Call No. 1030 Yeas--102

Adamini Frank Lemmons Rivet

Allen Garza Lipsey Rocca

Anderson George Lockwood Schauer

Basham Gieleghem Mans Scranton

Bernero Gilbert McConico Shackleton

Birkholz Gosselin Mead Sheltrown

Bisbee Hager Meyer Shulman

Bishop Hale Middaugh Spade

Bovin Hansen Minore Stallworth

Bradstreet Hardman Mortimer Stamas

Brown, B. Hart Murphy Stewart

Brown, C. Howell Neumann Switalski

Brown, R. Hummel Newell Tabor

Callahan Jacobs O'Neil Thomas

Cassis Jamnick Palmer Toy

Caul Jansen Pappageorge Van Woerkom

Clark, I. Jelinek Patterson Vander Roest

Clarke, H. Johnson, Rick Pestka Vander Veen

Daniels Johnson, Ruth Phillips Vear

Dennis Julian Pumford Voorhees

DeRossett Koetje Quarles Waters

DeVuyst Kolb Raczkowski Whitmer

DeWeese Kooiman Reeves Williams

Drolet Kowall Richardville Woodward

Ehardt Kuipers Richner Woronchak

Faunce 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 1999 PA 94, entitled "An act to create the Michigan merit award scholarship trust fund; to create the Michigan merit award scholarship board and prescribe the powers and duties of the board; and to provide for the Michigan merit award scholarship program," by amending sections 6, 7, and 8 (MCL 390.1456, 390.1457, and 390.1458).

The motion prevailed.

The House agreed to the title as amended.

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

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

By unanimous consent the House returned to the order of

Reports of Select Committees

The Speaker laid before the House the conference report relative to

House Bill No. 5646, entitled

A bill to make, supplement, and adjust appropriations for the departments of attorney general, civil rights, civil service, information technology, management and budget, state, and treasury, the executive office, and the legislative branch for the fiscal years ending September 30, 2002 and September 30, 2003; to provide for the expenditure of these appropriations; to provide for the funding of certain work projects; to provide for the imposition of certain fees; to establish or continue certain funds, programs, and categories; to transfer certain funds; to prescribe certain requirements for bidding on state contracts; to provide for disposition of year-end balances for the fiscal year ending September 30, 2003; to prescribe the powers and duties of certain principal executive departments and state agencies, officials, and employees; and to provide for the disposition of fees and other income received by the various principal executive departments and state agencies.

(The conference report was reported by the conference committee on July 2, consideration of which, under the rules, was postponed until today.)

(For conference report, see House Journal No. 60, p. 2324.)

The question being on the adoption of the conference report,

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

Roll Call No. 1031 Yeas--63

Adamini Drolet Kowall Richardville

Allen Faunce LaSata Richner

Bernero Garza Lemmons Schauer

Birkholz George Lockwood Scranton

Bisbee Gilbert McConico Shackleton

Bovin Hager Mead Shulman

Brown, B. Hansen Meyer Stallworth

Brown, R. Hardman Middaugh Stewart

Cassis Howell Minore Tabor

Caul Jacobs Mortimer Thomas

Clark, I. Jelinek O'Neil Toy

Clarke, H. Johnson, Rick Palmer Van Woerkom

Daniels Johnson, Ruth Pappageorge Vander Veen

DeRossett Julian Patterson Waters

DeVuyst Koetje Pumford Woronchak

DeWeese Kolb Raczkowski

Nays--38

Anderson Gosselin Murphy Spade

Basham Hale Neumann Stamas

Bishop Hart Newell Switalski

Bradstreet Hummel Pestka Vander Roest

Brown, C. Jamnick Phillips Vear

Callahan Jansen Reeves Voorhees

Dennis Kooiman Rivet Whitmer

Ehardt Kuipers Rocca Williams

Frank Lipsey Sheltrown Woodward

Gieleghem Mans

In The Chair: Julian

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

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

______

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

"Mr. Speaker and members of the House:

This state is broke. The Governor and the Republican Party (majority) have mis-managed and eroded the general fund and dedicated funds, department by department. They have ignored the warning signs of revenue forcasting conferences and held a hard line to give tax breaks to corporations at the expence of the public trust. They have continued to borrow funds and raise the debt level, mortgaging the future of the next generation. They have NO viable plan other than to raise the tax to people that smoke."

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

"Mr. Speaker and members of the House:

I voted no on House Bill 5646 for the following reasons:

The bill contains the refinance and restructure of bonds and allegedly saving $40 million in the short term. However, the long term effect of a "variable rate" is indeterminate, making this savings penny-wise and pound foolish. In addition, several thousand state workers will take advantage of the early retirement program, but this bill contains no funding to retrain state workers who may replace those employees adding to the structural deficit.

Too, the Department of Information Technology has been created entirely with interdepartmnetal grants from other departments many of whom, in turn, are using other IDG s from other departments and a majority of programs to be offered by DIT are currently being administered by other departments.

Finally, this state is facing a $480 million deficit for the current fiscal year and over 4350 million for next fiscal year. A number of revenues which contribute substantially to our state's General Fund are down a full ten percent form where they were a year ago. I cannot commit to further bonding, borrowing and unnecessary additional administrative costs when the working families of this state are, conversely, tightening their belts. We should take their example."

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

"Mr. Speaker and members of the House:

I voted no on House Bill 5646 for the following reasons:

Additionally, I found the lottery game available on Sunday--lifting the prohibition--to be problematic."

Third Reading of Bills

House Bill No. 5881, entitled

A bill to amend 1979 PA 94, entitled "The state school aid act of 1979," by amending sections 22b, 96, and 104a (MCL 388.1622b, 388.1696, and 388.1704a), section 22b as amended by 2001 PA 121, section 96 as added by 2000 PA 297, and section 104a as amended by 1999 PA 119.

(The bill was not passed, vote reconsidered and bill postponed temporarily on June 20, see House Journal No. 58, p. 2214.)

The question being on the passage of the bill,

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

The motion was seconded and the substitute (H-5) was adopted, a majority of the members serving voting therefor.

Rep. Jelinek moved to amend the bill as follows:

1. Amend page 123, following line 12, by inserting:

"(8) AT LEAST 30 DAYS BEFORE IMPLEMENTING A PROPOSED ELECTRONIC DATA COLLECTION, SUBMISSION, OR COLLATION PROCESS, OR A PROPOSED CHANGE TO 1 OR MORE OF THOSE PROCESSES, THE CENTER SHALL SUBMIT THE PROPOSAL AND AN ANALYSIS OF THE PROPOSAL TO THE SENATE AND HOUSE OF REPRESENTATIVES APPROPRIATIONS SUBCOMMITTEES RESPONSIBLE FOR THIS ACT. THE ANALYSIS SHALL INCLUDE AT LEAST A DETERMINATION OF THE COST OF THE PROPOSAL FOR DISTRICTS AND INTERMEDIATE DISTRICTS AND OF AVAILABLE FUNDING FOR DISTRICTS AND INTERMEDIATE DISTRICTS." and renumbering the remaining subsection.

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

Rep. Jelinek moved to amend the bill as follows:

1. Amend page 143, line 5, after "certificate," by striking out "is" and inserting "THE INDIVIDUAL MEETS 1 OF THE FOLLOWING:

(i) IS".

2. Amend page 143, following line 6, by inserting:

"(ii) IS AT LEAST 16 YEARS OF AGE ON SEPTEMBER 1 OF THE SCHOOL YEAR, HAS BEEN PERMANENTLY EXPELLED FROM SCHOOL UNDER SECTION 1311(2) OR 1311A OF THE REVISED SCHOOL CODE, MCL 380.1311 AND 380.1311A, AND HAS NO APPROPRIATE ALTERNATIVE EDUCATION PROGRAM AVAILABLE THROUGH HIS OR HER DISTRICT OF RESIDENCE.".

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

The question being on the passage of the bill,

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

Roll Call No. 1032 Yeas--94

Adamini Garza Lipsey Rocca

Allen George Lockwood Schauer

Anderson Gieleghem Mans Scranton

Basham Gilbert McConico Shackleton

Bernero Hager Mead Sheltrown

Birkholz Hale Meyer Shulman

Bisbee Hansen Middaugh Spade

Bishop Hardman Minore Stallworth

Bovin Hart Mortimer Stamas

Brown, B. Howell Murphy Stewart

Brown, C. Hummel Neumann Tabor

Brown, R. Jacobs Newell Thomas

Callahan Jamnick O'Neil Toy

Cassis Jansen Palmer Van Woerkom

Caul Jelinek Pappageorge Vander Roest

Clark, I. Johnson, Rick Patterson Vander Veen

Clarke, H. Johnson, Ruth Pestka Vear

Dennis Julian Phillips Voorhees

DeRossett Koetje Pumford Waters

DeVuyst Kolb Raczkowski Whitmer

DeWeese Kooiman Reeves Williams

Ehardt Kowall Richardville Woodward

Faunce Kuipers Richner Woronchak

Frank LaSata

Nays--6

Bradstreet Gosselin Rivet Switalski

Drolet Lemmons

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 1979 PA 94, entitled "The state school aid act of 1979," by amending sections 6, 11, 11f, 11g, 20, 22a, 22b, 24, 26a, 31a, 31d, 32a, 32b, 32c, 32d, 32f, 39a, 41, 51a, 51c, 51d, 53a, 54, 55, 56, 57, 61a, 62, 67, 68, 74, 81, 94, 94a, 96, 98, 99, 99a, 104a, 107, 108, and 147 (MCL 388.1606, 388.1611, 388.1611f, 388.1611g, 388.1620, 388.1622a, 388.1622b, 388.1624, 388.1626a, 388.1631a, 388.1631d, 388.1632a, 388.1632b, 388.1632c, 388.1632d, 388.1632f, 388.1639a, 388.1641, 388.1651a, 388.1651c, 388.1651d, 388.1653a, 388.1654, 388.1655, 388.1656, 388.1657, 388.1661a, 388.1662, 388.1667, 388.1668, 388.1674, 388.1681, 388.1694, 388.1694a, 388.1696, 388.1698, 388.1699, 388.1699a, 388.1704a, 388.1707, 388.1708, and 388.1747), sections 6, 11, 11f, 11g, 20, 22a, 22b, 24, 26a, 31a, 31d, 32a, 32b, 32c, 32d, 32f, 41, 51a, 51c, 53a, 54, 56, 57, 61a, 62, 67, 68, 74, 81, 94, 94a, 96, 98, 99, 107, 108, and 147 as amended and sections 39a, 51d, 55, and 99a as added by 2002 PA 191 and section 104a as amended by 1999 PA 119; and to repeal acts and parts of acts.

The motion prevailed.

The House agreed to the title as amended.

Rep. Patterson 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. 924, entitled

A bill to amend 1972 PA 222, entitled "An act to provide for an official personal identification card; to provide for its form, issuance and use; to regulate the use and disclosure of information obtained from the card; to prescribe the powers and duties of the secretary of state; to prescribe fees; and to prescribe certain penalties for violations," by amending the title and section 2 (MCL 28.292), the title as amended by 1997 PA 99 and section 2 as amended by 2001 PA 238.

The bill was read a second time.

Rep. Patterson 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

Senate Bill No. 924, entitled

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

Roll Call No. 1033 Yeas--101

Adamini Frank LaSata Rivet

Allen Garza Lemmons Rocca

Anderson George Lipsey Schauer

Basham Gieleghem Lockwood Scranton

Bernero Gilbert Mans Shackleton

Birkholz Gosselin McConico Sheltrown

Bisbee Hager Mead Shulman

Bishop Hale Meyer Spade

Bovin Hansen Middaugh Stallworth

Bradstreet Hardman Mortimer Stamas

Brown, B. Hart Murphy Stewart

Brown, C. Howell Neumann Switalski

Brown, R. Hummel Newell Tabor

Callahan Jacobs O'Neil Thomas

Cassis Jamnick Palmer Toy

Caul Jansen Pappageorge Van Woerkom

Clark, I. Jelinek Patterson Vander Roest

Clarke, H. Johnson, Rick Pestka Vander Veen

Daniels Johnson, Ruth Phillips Vear

Dennis Julian Pumford Voorhees

DeRossett Koetje Quarles Waters

DeVuyst Kolb Raczkowski Whitmer

DeWeese Kooiman Reeves Williams

Drolet Kowall Richardville Woodward

Ehardt Kuipers Richner Woronchak

Faunce

Nays--0

In The Chair: Julian

The House agreed to the title of the bill.

Rep. Patterson 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. 925, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending the title and sections 310, 310e, and 314(MCL 257.310, 257.310e, and 257.314), the title as amended by 2000 PA 408, section 310 as amended by 2002 PA 126, section 310e as amended by 2000 PA 456, and section 314 as amended by 2000 PA 173.

The bill was read a second time.

Rep. Gilbert 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. Gilbert moved to amend the bill as follows:

1. Amend page 8, line 16, by striking out all of subsection (16).

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

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

The motion prevailed.

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

Senate Bill No. 925, entitled

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

Roll Call No. 1034 Yeas--100

Adamini Faunce Kuipers Rivet

Allen Frank LaSata Rocca

Anderson Garza Lemmons Schauer

Basham George Lipsey Scranton

Bernero Gieleghem Lockwood Shackleton

Birkholz Gilbert Mans Sheltrown

Bisbee Gosselin McConico Shulman

Bishop Hager Mead Spade

Bovin Hale Meyer Stallworth

Bradstreet Hansen Middaugh Stamas

Brown, B. Hardman Murphy Stewart

Brown, C. Hart Neumann Switalski

Brown, R. Howell Newell Tabor

Callahan Hummel O'Neil Thomas

Cassis Jacobs Palmer Toy

Caul Jamnick Pappageorge Van Woerkom

Clark, I. Jansen Patterson Vander Roest

Clarke, H. Jelinek Pestka Vander Veen

Daniels Johnson, Rick Phillips Vear

Dennis Johnson, Ruth Pumford Voorhees

DeRossett Julian Quarles Waters

DeVuyst Koetje Raczkowski Whitmer

DeWeese Kolb Reeves Williams

Drolet Kooiman Richardville Woodward

Ehardt Kowall Richner Woronchak

Nays--1

Mortimer

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 1949 PA 300, entitled "An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of owners and operators of vehicles and service of process on residents and nonresidents; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to impose liability upon the state or local agencies; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date," by amending the title and sections 310, 310e, and 314(MCL 257.310, 257.310e, and 257.314), the title as amended by 2000 PA 408, section 310 as amended by 2002 PA 126, section 310e as amended by 2002 PA 422, and section 314 as amended by 2000 PA 173.

The motion prevailed.

The House agreed to the title as amended.

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

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

By unanimous consent the House returned to the order of

Messages from the Senate

The Speaker laid before the House

House Bill No. 5896, entitled

A bill to amend 1986 PA 281, entitled "The local development financing act," by amending section 12a (MCL 125.2162a), as added by 2000 PA 248.

(The bill was received from the Senate on June 27, with an amendment and full title inserted, consideration of which, under the rules, was postponed until July 2, see House Journal No. 59, p. 2286.)

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

Rep. Allen moved to amend the Senate amendment as follows:

1. Amend the Senate Amendment, page 7, following line 19, subsection (12), after the first "(12)" by striking out the balance of the amendment and inserting "NOT LATER THAN OCTOBER 1, 2004, THE MICHIGAN ECONOMIC DEVELOPMENT CORPORATION SHALL REPORT TO THE LEGISLATURE ON THE EFFECT OF THE AMENDATORY ACT THAT ADDED THIS SUBSECTION UPON LOCAL UNITS OF GOVERNMENT AND SCHOOL DISTRICTS.".

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

The question being on concurring in the adoption of the amendment made to the bill by the Senate,

The Senate amendment, as amended, was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 1035 Yeas--100

Adamini Frank Lemmons Rivet

Allen Garza Lipsey Rocca

Anderson George Lockwood Schauer

Basham Gieleghem Mans Scranton

Bernero Gilbert 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 Palmer Toy

Caul Jelinek Pappageorge Van Woerkom

Clark, I. Johnson, Rick Patterson Vander Roest

Clarke, H. Johnson, Ruth Pestka Vander Veen

Daniels Julian Phillips Vear

Dennis Koetje Pumford Voorhees

DeRossett Kolb Quarles Waters

DeVuyst Kooiman Raczkowski Whitmer

DeWeese Kowall Reeves Williams

Ehardt Kuipers Richardville Woodward

Faunce LaSata Richner Woronchak

Nays--2

Drolet Gosselin

In The Chair: Julian

The House agreed to the full title of the bill.

Third Reading of Bills

House Bill No. 6203, entitled

A bill to amend 1973 PA 116, entitled "An act to provide for the protection of children through the licensing and regulation of child care organizations; to provide for the establishment of standards of care for child care organizations; to prescribe powers and duties of certain departments of this state and adoption facilitators; to provide penalties; and to repeal acts and parts of acts," by amending section 1 (MCL 722.111), as amended by 1994 PA 205.

The bill was read a third time.

The question being on the passage of the bill,

Rep. Bob Brown moved to amend the bill as follows:

1. Amend page 4, line 5, by striking out all of subdivision (d) and inserting:

"(D) "CHILDREN'S CAMP" MEANS A CAMP THAT PROVIDES CARE AND SUPERVISION FOR THE SAME GROUP OF CHILDREN FOR USUALLY NOT MORE THAN 12 WEEKS IN 1 OR MORE OF THE FOLLOWING SETTINGS:

(i) A RESIDENTIAL, DAY, TROOP, OR TRAVEL CAMP CONDUCTED IN A NATURAL ENVIRONMENT FOR MORE THAN 4 SCHOOL-AGE CHILDREN, APART FROM THE CHILDREN'S PARENTS, RELATIVES, OR LEGAL GUARDIANS, FOR 5 OR MORE DAYS IN A 14-DAY PERIOD.

(ii) A SPORTS CAMP CONDUCTED FOR MORE THAN 4 SCHOOL-AGE CHILDREN, APART FROM THE CHILDREN'S PARENTS, RELATIVES, OR LEGAL GUARDIANS FOR 3 OR MORE CONSECUTIVE OVERNIGHTS STAYS IN A 14-DAY PERIOD.".

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. 1036 Yeas--98

Adamini George Lockwood Rocca

Allen Gieleghem Mans 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

Bradstreet Hummel Neumann Stewart

Brown, B. Jacobs Newell Switalski

Brown, C. Jamnick O'Neil Tabor

Brown, R. Jansen Palmer Thomas

Callahan Jelinek Pappageorge Toy

Cassis Johnson, Rick Patterson Van Woerkom

Caul Johnson, Ruth Pestka Vander Roest

Clark, I. Julian Phillips Vander Veen

Dennis Koetje Pumford Vear

DeRossett Kolb Quarles Voorhees

DeVuyst Kooiman Raczkowski Waters

DeWeese Kowall Reeves Whitmer

Ehardt Kuipers Richardville Williams

Faunce LaSata Richner Woodward

Frank Lemmons Rivet Woronchak

Garza Lipsey

Nays--2

Drolet Gosselin

In The Chair: Julian

The House agreed to the title of the bill.

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

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

By unanimous consent the House returned to the order of

Motions and Resolutions

Rep. Lemmons moved that the Committee on Criminal Justice be discharged from further consideration of House Bill No. 4645.

(For first notice see House Journal No. 60, p. 2363.)

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

Rep. Lemmons moved that consideration of the motion be postponed for the day.

The motion prevailed.

Rep. Lemmons moved that the Committee on Criminal Justice be discharged from further consideration of House Bill No. 4646.

(For first notice see House Journal No. 60, p. 2363.)

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

Rep. Lemmons moved that consideration of the motion be postponed for the day.

The motion prevailed.

Rep. Patterson moved that pursuant to House Rule 20, the Clerk of the House be authorized to enroll House bills while the House is not in session.

The motion prevailed.

Reps. Patterson and Jacobs offered the following resolution:

House Concurrent Resolution No. 68.

A concurrent resolution prescribing the legislative schedule.

Resolved by the House of Representatives (the Senate concurring), That when the House of Representatives adjourns on Wednesday, July 3, 2002, it stand adjourned until Tuesday, August 13, 2002 at 10:00 a.m.; and be it further

Resolved, That when the Senate adjourns on Tuesday, July 9, 2002, it stand adjourned until Tuesday, August 13, 2002.

Pending the reference of the concurrent resolution to a committee,

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

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

The question being on the adoption of the concurrent resolution,

The concurrent resolution was adopted.

Reps. Patterson and Jacobs offered the following resolution:

House Concurrent Resolution No. 69.

A concurrent resolution prescribing the legislative schedule.

Resolved, That when the Senate adjourns on Wednesday, July 10, 2002, it stand adjourned until Tuesday, August 13, 2002.

Pending the reference of the concurrent resolution to a committee,

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

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

The question being on the adoption of the concurrent resolution,

The concurrent resolution was adopted.

______

Rep. Patterson moved that when the House adjourns today it stand adjourned until Tuesday, August 13, at 10:00 a.m.

The motion prevailed.

Rep. Rocca moved that the House adjourn.

The motion prevailed, the time being 6:40 a.m.

Associate Speaker Pro Tempore Julian declared the House adjourned until Tuesday, August 13, at 10:00 a.m.

GARY L. RANDALL

Clerk of the House of Representatives.