hj12121t.087

No. 87

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

91st Legislature

REGULAR SESSION OF 2001

House Chamber, Lansing, Wednesday, December 12, 2001.

2:00 p.m.

The House was called to order by the Speaker.

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--present

DeRossett--present

DeVuyst--present

DeWeese--present

Drolet--present

Ehardt--present

Faunce--present

Frank--present

Garza--present

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--present

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--present

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--excused

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

Rep. Triette Reeves, from the 13th District, offered the following invocation:

"I will bless the Lord at all times, Your praise shall continuously be in my mouth. Father, we thank You for this day, for this is the day that You have made. You are the Author and the Finisher of our very being. You are the Creator, You are our Lord, and You are our King. Father, we need for You to bless this place, bless those whom by Your will have been entrusted to serve in this place. Father, I ask that Your spirit and Your love will rest, rule and abide in this place. I ask that Satan and his rulers, and principalities and powers will not have strong holds over us. But, that Your spirit will rule and reign over Your people. Father, I ask that You would keep us, that You would direct us in wisdom, that love would be our focus--for love is Your work. I pray that You bless everything we do that is in Your will. I pray that You help us keep our focus on the work of the people and not on our pettiness. Father, I ask that You help us to rise above our egos. I ask that You help us to be self-sacrificing in the work that we do to build Your kingdom. I ask all these things to the glory of Your name, in Jesus' name. Amen."

______

Rep. Jacobs moved that Reps. Kilpatrick and Schermesser be excused from today's session.

The motion prevailed.

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

The motion prevailed.

Motions and Resolutions

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

House Resolution No. 285.

A resolution to honor the memory of Russell H. Strange, former member of the House of Representatives.

Whereas, The members of this legislative body and others in state government were saddened to learn of the passing of Russell H. Strange, who devoted 14 years of his life to the service of this state as a lawmaker. We offer our sincerest condolences to his family; and

Whereas, Interest in public policy was an early and lifelong fascination for Russell Strange. As a student at what was then Central Michigan College in Mount Pleasant, he was actively involved with several political organizations, serving as the president of the Young Republican Club and as a member of its state and national groups. Shortly after his graduation in 1956, he took his dedication to public service to the real world arena with his election to the Michigan House of Representatives at the age of 22. For 14 years, he carried out his responsibilities as a lawmaker with diligence, integrity, and respect for our system of self-government; and

Whereas, Russell Strange's seven terms spanned an era of great significance to our state. He served as the state implemented a new constitution and modernized many aspects of state government in general and the legislature in particular. Mr. Strange earned the trust and friendship of colleagues on both sides of the aisle, and demonstrated effective leadership as the chair of the Elections Committee for three terms and as the chair of the Republican caucus for 1969 and 1970. Following his legislative career, he continued his involvement in policy issues with the National Science Foundation, working with state legislatures around the country. Indeed, this true gentleman and unpretentious public servant gave many gifts to Michigan and our country; now, therefore, be it

Resolved by the House of Representatives, That we offer this expression of our respect and admiration for the memory of Russell H. Strange, who served as member of this legislative body from 1957 to 1970; and be it further

Resolved, That copies of this resolution be transmitted to the Strange family as evidence of our sympathies.

The question being on the adoption of the resolution,

The resolution was adopted by unanimous standing vote.

Reports of Standing Committees

The Speaker laid before the House

House Resolution No. 85.

A resolution to memorialize the Congress of the United States to enact legislation to give states the authority to ban out-of-state solid waste.

(For text of resolution, see House Journal No. 31, p. 463.)

(The resolution was reported by the Committee on Conservation and Outdoor Recreation on May 3, consideration of which, under the rules, was postponed until May 8.)

The question being on the adoption of the resolution,

The resolution was adopted.

______

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

Messages from the Senate

The Speaker laid before the House

House Bill No. 4820, entitled

A bill to regulate the production, transportation, handling, processing, delivery, and sale of grade A milk and milk products; to define grade A milk and milk products and to establish standards and requirements for grade A milk and milk products; to provide for dairy food safety; to provide for the sampling, sampling analysis, and transportation of milk and milk products; to regulate the labeling, manufacture, distribution, and sale of milk and milk products for the protection of the consuming public and to prevent fraud and deception by prohibiting the misbranding, adulteration, manufacture, distribution, and sale of milk and milk products; to provide for enforcement; to provide for licenses and permits and revocation of licenses and permits; to impose certain fees; to require certain security arrangements of milk plants to ensure the prompt payment of producers; to prescribe powers and duties of certain state departments and officers; to provide for uniform standards and uniform inspection; to provide for promulgation of rules; to provide for certain remedies and penalties; and to repeal acts and parts of acts.

(The bill was received from the Senate on October 25, with substitute (S-2) and immediate effect given by the Senate, consideration of which, under the rules, was postponed until October 29, see House Journal No. 75, p. 2201.)

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

Rep. Meyer moved to amend the Senate substitute (S-2) as follows:

1. Amend page 14, line 19, after "farm," by inserting "dairy plant,".

2. Amend page 53, line 9, after "Sec. 68." by striking out all of subsection (1) and inserting "(1) Only pasteurized milk and milk products shall be offered for sale or sold, directly or indirectly, to the final consumer or to restaurants, grocery stores, or similar establishments.".

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

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

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

Roll Call No. 778 Yeas--105

Adamini Frank LaSata Rivet

Allen Garza Lemmons Rocca

Anderson George Lipsey Schauer

Basham Gieleghem Lockwood Scranton

Bernero Gilbert Mans Shackleton

Birkholz Godchaux McConico Sheltrown

Bisbee Gosselin Mead Shulman

Bishop Hager Meyer Spade

Bogardus Hale Middaugh Stallworth

Bovin Hansen Minore Stamas

Bradstreet Hardman Mortimer Stewart

Brown, B. Hart Murphy Switalski

Brown, C. Howell Neumann Tabor

Brown, R. Hummel Newell Thomas

Callahan Jacobs O'Neil Toy

Cassis Jamnick Pappageorge Van Woerkom

Caul Jansen Patterson Vander Roest

Clark, I. Jelinek Pestka Vear

Clarke, H. Johnson, Rick Phillips Voorhees

Daniels Johnson, Ruth Pumford Waters

Dennis Julian Quarles Whitmer

DeRossett Koetje Raczkowski Williams

DeVuyst Kolb Reeves Wojno

DeWeese Kooiman Richardville Woodward

Drolet Kowall Richner Woronchak

Ehardt Kuipers Rison Zelenko

Faunce

Nays--0

In The Chair: Ehardt

The Speaker laid before the House

House Bill No. 4829, entitled

A bill to define and regulate milk, cream, frozen desserts, and related foods and by-products of those foods under certain circumstances; to prescribe certain powers and duties of certain state agencies and officers; to prohibit the sale of unclean and unsanitary milk and manufactured dairy products and their use in the manufacture of food products; to prohibit unclean and unsanitary conditions of milk and milk processing establishments; to establish production and handling standards of sanitary milk and dairy products for manufacturing and manufactured dairy products; to regulate the sale and transportation of milk and dairy products for manufacturing purposes; to issue licenses and permits to certain persons and provide for the revocation or suspension of licenses and permits under certain circumstances; to impose certain fees; to require certain security devices under certain circumstances; to establish inspection requirements; to 9 2 promulgate rules; to set certain standards for milk and dairy products, processing, and pasteurization; to provide for penalties and remedies; and to repeal acts and parts of acts.

(The bill was received from the Senate on October 25, with substitute (S-1) and immediate effect given by the Senate, consideration of which, under the rules, was postponed until October 29, see House Journal No. 75, p. 2201.)

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

Rep. Vear moved to amend the Senate substitute (S-1) as follows:

1. Amend page 76, line 20, by striking out all of section 136 and inserting:

"Sec. 136. Only pasteurized milk and dairy products shall be offered for sale or sold, directly or indirectly, to the final consumer or to restaurants, grocery stores, or similar establishments except as specified in section 138.".

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

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

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

Roll Call No. 779 Yeas--103

Adamini Faunce LaSata Rocca

Allen Frank Lemmons Schauer

Anderson George Lipsey Scranton

Basham Gieleghem Lockwood Shackleton

Bernero Gilbert Mans Sheltrown

Birkholz Godchaux McConico Shulman

Bisbee Gosselin Mead Spade

Bishop Hager Meyer Stallworth

Bogardus Hale Middaugh Stamas

Bovin Hansen Minore Stewart

Bradstreet Hardman Mortimer Switalski

Brown, B. Hart Murphy Tabor

Brown, C. Howell Neumann Thomas

Brown, R. Hummel Newell Toy

Callahan Jacobs O'Neil Van Woerkom

Cassis Jamnick Pappageorge Vander Roest

Caul Jansen Patterson Vear

Clark, I. Jelinek Pestka Voorhees

Clarke, H. Johnson, Rick Plakas Waters

Daniels Johnson, Ruth Pumford Whitmer

Dennis Julian Raczkowski Williams

DeRossett Koetje Reeves Wojno

DeVuyst Kolb Richardville Woodward

DeWeese Kooiman Richner Woronchak

Drolet Kowall Rison Zelenko

Ehardt Kuipers Rivet

Nays--0

In The Chair: Ehardt

Third Reading of Bills

Senate Bill No. 666, entitled

A bill to amend 1995 PA 274, entitled "An act to amend section 834 of Act No. 218 of the Public Acts of 1956, entitled as amended "The insurance code of 1956," as amended by Act No. 443 of the Public Acts of 1994, being section 500.834 of the Michigan Compiled Laws," by repealing enacting section 2.

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

Roll Call No. 780 Yeas--103

Adamini Faunce LaSata Rivet

Allen Frank Lemmons Rocca

Anderson George Lipsey Schauer

Basham Gieleghem Lockwood Scranton

Bernero Gilbert Mans Shackleton

Birkholz Godchaux McConico Shulman

Bisbee Gosselin Mead Spade

Bishop Hager Meyer Stallworth

Bogardus Hale Middaugh Stamas

Bovin Hansen Minore Stewart

Bradstreet Hardman Mortimer Switalski

Brown, B. Hart Murphy Tabor

Brown, C. Howell Neumann Thomas

Brown, R. Hummel Newell Toy

Callahan Jacobs O'Neil Van Woerkom

Cassis Jamnick Pappageorge Vander Roest

Caul Jansen Patterson Vear

Clark, I. Jelinek Pestka Voorhees

Clarke, H. Johnson, Rick Phillips Waters

Daniels Johnson, Ruth Pumford Whitmer

Dennis Julian Quarles Williams

DeRossett Koetje Raczkowski Wojno

DeVuyst Kolb Reeves Woodward

DeWeese Kooiman Richardville Woronchak

Drolet Kowall Richner Zelenko

Ehardt Kuipers Rison

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 classify the laws relating to the insurance and surety business; to regulate the incorporation or formation of domestic insurance and surety companies and associations and the admission of foreign and alien companies and associations; to provide their rights, powers, and immunities and to prescribe the conditions on which companies and associations organized, existing, or authorized under this act may exercise their powers; to provide the rights, powers, and immunities and to prescribe the conditions on which other persons, firms, corporations, associations, risk retention groups, and purchasing groups engaged in an insurance or surety business may exercise their powers; to provide for the imposition of a privilege fee on domestic insurance companies and associations and the state accident fund; to provide for the imposition of a tax on the business of foreign and alien companies and associations; to provide for the imposition of a tax on risk retention groups and purchasing groups; to provide for the imposition of a tax on the business of surplus line agents; to provide for the imposition of regulatory fees on certain insurers; to modify tort liability arising out of certain accidents; to provide for limited actions with respect to that modified tort liability and to prescribe certain procedures for maintaining those actions; to require security for losses arising out of certain accidents; to provide for the continued availability and affordability of automobile insurance and homeowners insurance in this state and to facilitate the purchase of that insurance by all residents of this state at fair and reasonable rates; to provide for certain reporting with respect to insurance and with respect to certain claims against uninsured or self-insured persons; to prescribe duties for certain state departments and officers with respect to that reporting; to provide for certain assessments; to establish and continue certain state insurance funds; to modify and clarify the status, rights, powers, duties, and operations of the nonprofit malpractice insurance fund; to provide for the departmental supervision and regulation of the insurance and surety business within this state; to provide for regulation over worker's compensation self-insurers; to provide for the conservation, rehabilitation, or liquidation of unsound or insolvent insurers; to provide for the protection of policyholders, claimants, and creditors of unsound or insolvent insurers; to provide for associations of insurers to protect policyholders and claimants in the event of insurer insolvencies; to prescribe educational requirements for insurance agents and solicitors; to provide for the regulation of multiple employer welfare arrangements; to create an automobile theft prevention authority to reduce the number of automobile thefts in this state; to prescribe the powers and duties of the automobile theft prevention authority; to provide certain powers and duties upon certain officials, departments, and authorities of this state; to repeal acts and parts of acts; and to provide penalties for the violation 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. 723, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending sections 81 and 81a (MCL 750.81 and 750.81a), section 81 as amended by 2000 PA 462 and section 81a as amended by 1999 PA 270.

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

Roll Call No. 781 Yeas--105

Adamini Frank LaSata Rivet

Allen Garza Lipsey Rocca

Anderson George Lockwood Schauer

Basham Gieleghem Mans Scranton

Bernero Gilbert McConico Shackleton

Birkholz Godchaux Mead Sheltrown

Bisbee Gosselin Meyer Shulman

Bishop Hager Middaugh Spade

Bogardus Hale Minore Stallworth

Bovin Hansen Mortimer Stamas

Bradstreet Hardman Murphy Stewart

Brown, B. Hart Neumann Switalski

Brown, C. Howell Newell Tabor

Brown, R. Hummel O'Neil Thomas

Callahan Jacobs Pappageorge Toy

Cassis Jamnick Patterson Van Woerkom

Caul Jansen Pestka Vander Roest

Clark, I. Jelinek Phillips Vear

Clarke, H. Johnson, Rick Plakas Voorhees

Daniels Johnson, Ruth Pumford Waters

Dennis Julian Quarles Whitmer

DeRossett Koetje Raczkowski Williams

DeVuyst Kolb Reeves Wojno

DeWeese Kooiman Richardville Woodward

Drolet Kowall Richner Woronchak

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

The House agreed to the full title.

Senate Bill No. 478, entitled

A bill to amend 1925 PA 289, entitled "An act to create a bureau of criminal identification and records within the department of state police; to require peace officers, persons in charge of certain institutions, and others to make reports respecting juvenile offenses, crimes, and criminals to the state police; to require the fingerprinting of an accused by certain persons; and to provide penalties for violation of this act," by amending the title and sections 1, 1a, 2, 3, and 3a (MCL 28.241, 28.241a, 28.242, 28.243, and 28.243a), the title and sections 1 and 2 as amended by 1988 PA 40, section 1a as amended by 1996 PA 259, section 3 as amended by 1999 PA 266, and section 3a as amended by 1986 PA 231, and by adding section 8.

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

Roll Call No. 782 Yeas--105

Adamini Frank LaSata Rivet

Allen Garza Lemmons Rocca

Anderson George Lipsey Schauer

Basham Gieleghem Lockwood Scranton

Bernero Gilbert McConico Shackleton

Birkholz Godchaux Mead Sheltrown

Bisbee Gosselin Meyer Shulman

Bishop Hager Middaugh Spade

Bogardus Hale Minore Stallworth

Bovin Hansen Mortimer Stamas

Bradstreet Hardman Murphy Stewart

Brown, B. Hart Neumann Switalski

Brown, C. Howell Newell Tabor

Brown, R. Hummel O'Neil Thomas

Callahan Jacobs Pappageorge Toy

Cassis Jamnick Patterson Van Woerkom

Caul Jansen Pestka Vander Roest

Clark, I. Jelinek Phillips Vear

Clarke, H. Johnson, Rick Plakas Voorhees

Daniels Johnson, Ruth Pumford Waters

Dennis Julian Quarles Whitmer

DeRossett Koetje Raczkowski Williams

DeVuyst Kolb Reeves Wojno

DeWeese Kooiman Richardville Woodward

Drolet Kowall Richner Woronchak

Ehardt Kuipers Rison Zelenko

Faunce

Nays--0

In The Chair: Ehardt

The House agreed to the title of the bill.

Senate Bill No. 479, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 16a of chapter IX (MCL 769.16a), as amended by 2000 PA 220.

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

Roll Call No. 783 Yeas--102

Adamini Garza Lipsey Rocca

Allen George Lockwood Schauer

Anderson Gilbert Mans Scranton

Basham Godchaux McConico Shackleton

Bernero Gosselin Mead Sheltrown

Birkholz Hager Meyer Shulman

Bisbee Hale Middaugh Spade

Bishop Hansen Minore Stallworth

Bovin Hardman Mortimer Stamas

Bradstreet Hart Murphy Stewart

Brown, B. Howell Neumann Switalski

Brown, C. Hummel Newell Tabor

Brown, R. Jacobs O'Neil Thomas

Callahan Jamnick Pappageorge Toy

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

Dennis Koetje Raczkowski Whitmer

DeRossett Kolb Reeves Williams

DeVuyst Kooiman Richardville Wojno

DeWeese Kowall Richner Woodward

Drolet Kuipers Rison Woronchak

Ehardt LaSata Rivet Zelenko

Faunce Lemmons

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.

Senate Bill No. 502, entitled

A bill to amend 1945 PA 327, entitled "Aeronautics code of the state of Michigan," (MCL 259.1 to 259.208) by adding section 80f.

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

Roll Call No. 784 Yeas--106

Adamini Frank Lemmons Rivet

Allen Garza Lipsey Rocca

Anderson George Lockwood Schauer

Basham Gieleghem Mans Scranton

Bernero Gilbert McConico Shackleton

Birkholz Godchaux Mead Sheltrown

Bisbee Gosselin Meyer Shulman

Bishop Hager Middaugh Spade

Bogardus Hale Minore Stallworth

Bovin Hansen Mortimer Stamas

Bradstreet Hardman Murphy Stewart

Brown, B. Hart Neumann Switalski

Brown, C. Howell Newell Tabor

Brown, R. Hummel O'Neil Thomas

Callahan Jacobs Pappageorge Toy

Cassis Jamnick Patterson Van Woerkom

Caul Jansen Pestka Vander Roest

Clark, I. Jelinek Phillips Vear

Clarke, H. Johnson, Rick Plakas Voorhees

Daniels Johnson, Ruth Pumford Waters

Dennis Julian Quarles Whitmer

DeRossett Koetje Raczkowski Williams

DeVuyst Kolb Reeves Wojno

DeWeese Kooiman Richardville Woodward

Drolet Kowall Richner Woronchak

Ehardt Kuipers Rison Zelenko

Faunce LaSata

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.

Senate Bill No. 505, 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.

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

Roll Call No. 785 Yeas--106

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 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 section 12 of chapter XVII (MCL 777.12), as amended by 2001 PA 160.

The motion prevailed.

The House agreed to the title as amended.

Senate Bill No. 721, entitled

A bill to amend 1925 PA 289, entitled "An act to create a bureau of criminal identification and records within the department of state police; to require peace officers, persons in charge of certain institutions, and others to make reports respecting juvenile offenses, crimes, and criminals to the state police; to require the fingerprinting of an accused by certain persons; and to provide penalties for violation of this act," by amending sections 2 and 3 (MCL 28.242 and 28.243), section 2 as amended by 1988 PA 40 and section 3 as amended by 1999 PA 266.

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

Roll Call No. 786 Yeas--105

Adamini Frank LaSata Rivet

Allen Garza Lemmons Rocca

Anderson George Lipsey Schauer

Basham Gieleghem Lockwood Scranton

Bernero Gilbert Mans Shackleton

Birkholz Godchaux McConico Sheltrown

Bisbee Gosselin Mead Shulman

Bishop Hager Meyer Spade

Bogardus Hale Middaugh Stallworth

Bovin Hansen Minore Stamas

Bradstreet Hardman Mortimer Stewart

Brown, B. Hart Murphy Switalski

Brown, C. Howell Neumann Tabor

Brown, R. Hummel Newell Thomas

Callahan Jacobs O'Neil Toy

Cassis Jamnick Pappageorge Van Woerkom

Caul Jansen Patterson Vander Roest

Clark, I. Jelinek Pestka Vear

Clarke, H. Johnson, Rick Phillips Voorhees

Daniels Johnson, Ruth Plakas Waters

Dennis Julian Pumford Whitmer

DeRossett Koetje Quarles Williams

DeVuyst Kolb Raczkowski Wojno

DeWeese Kooiman Reeves Woodward

Drolet Kowall Richardville Woronchak

Ehardt Kuipers Richner Zelenko

Faunce

Nays--0

In The Chair: Ehardt

The House agreed to the title of the bill.

Senate Bill No. 722, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 16a of chapter IX (MCL 769.16a), as amended by 2000 PA 220.

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

Roll Call No. 787 Yeas--103

Adamini Faunce LaSata Rivet

Allen Frank Lemmons Rocca

Anderson Garza Lipsey Schauer

Basham George Lockwood Scranton

Bernero Gieleghem Mans Shackleton

Birkholz Gilbert McConico Sheltrown

Bisbee Godchaux Mead Shulman

Bishop Gosselin Meyer Spade

Bogardus Hager Middaugh Stallworth

Bovin Hale Minore Stamas

Bradstreet Hansen Mortimer Stewart

Brown, B. Hardman Murphy Switalski

Brown, C. Hart Neumann Tabor

Brown, R. Howell Newell Toy

Callahan Hummel Pappageorge Van Woerkom

Cassis Jacobs Patterson Vander Roest

Caul Jamnick Pestka Vear

Clark, I. Jansen Phillips Voorhees

Clarke, H. Jelinek Plakas Waters

Daniels Johnson, Rick Pumford Whitmer

Dennis Johnson, Ruth Quarles Williams

DeRossett Julian Raczkowski Wojno

DeVuyst Koetje Reeves Woodward

DeWeese Kooiman Richardville Woronchak

Drolet Kowall Richner Zelenko

Ehardt Kuipers Rison

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

The motion prevailed.

Senate Bill No. 725, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," (MCL 600.101 to 600.9948) by adding section 2972.

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

Roll Call No. 788 Yeas--104

Adamini Faunce Kuipers Rison

Allen Frank LaSata Rivet

Anderson Garza Lemmons Rocca

Basham George Lipsey Schauer

Bernero Gieleghem Lockwood Scranton

Birkholz Gilbert Mans Shackleton

Bisbee Godchaux McConico Sheltrown

Bishop Gosselin Mead Shulman

Bogardus Hager Meyer Spade

Bovin Hale Middaugh Stallworth

Bradstreet Hansen Minore Stamas

Brown, B. Hardman Mortimer Stewart

Brown, C. Hart Murphy Switalski

Brown, R. Howell Neumann Tabor

Callahan Hummel Newell Thomas

Cassis Jacobs O'Neil Toy

Caul Jamnick Pappageorge Van Woerkom

Clark, I. Jansen Patterson Vander Roest

Clarke, H. Jelinek Pestka Vear

Daniels Johnson, Rick Phillips Voorhees

Dennis Johnson, Ruth Plakas Waters

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 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,".

The House agreed to the full title.

Senate Bill No. 758, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 15 of chapter IV (MCL 764.15), as amended by 2000 PA 208.

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

Roll Call No. 789 Yeas--100

Adamini George Lemmons Rivet

Allen Gieleghem Lockwood Rocca

Anderson Gilbert Mans Schauer

Bernero Godchaux McConico Scranton

Birkholz Gosselin Mead Shackleton

Bisbee Hager Meyer Sheltrown

Bishop Hale Middaugh Shulman

Bogardus Hansen Minore Spade

Bovin Hardman Mortimer Stallworth

Bradstreet Hart Murphy Stamas

Brown, C. Howell Neumann Stewart

Brown, R. Hummel Newell Switalski

Callahan Jacobs O'Neil Tabor

Cassis Jamnick Pappageorge Thomas

Caul Jansen Patterson Toy

Clark, I. Jelinek Pestka Van Woerkom

Clarke, H. Johnson, Rick Phillips Vander Roest

Daniels Johnson, Ruth Plakas Vear

DeRossett Julian Pumford Voorhees

DeVuyst Koetje Quarles Waters

DeWeese Kolb Raczkowski Williams

Drolet Kooiman Reeves Wojno

Ehardt Kowall Richardville Woodward

Faunce Kuipers Richner Woronchak

Frank LaSata Rison 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:

The House agreed to the full title.

Senate Bill No. 490, entitled

A bill to amend 1975 PA 228, entitled "Single business tax act," by amending section 35 (MCL 208.35), as amended by 2000 PA 429.

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

Roll Call No. 790 Yeas--101

Adamini Garza Lemmons Rocca

Allen George Lipsey Schauer

Anderson Gieleghem Lockwood Scranton

Basham Gilbert Mans Shackleton

Birkholz Godchaux McConico Sheltrown

Bisbee Gosselin Mead Shulman

Bishop Hager Meyer Spade

Bogardus Hale Middaugh Stallworth

Bovin Hansen Minore Stamas

Bradstreet Hardman Mortimer Stewart

Brown, B. Hart Murphy Switalski

Brown, C. Howell Neumann Tabor

Brown, R. Hummel Newell Thomas

Callahan Jacobs O'Neil Toy

Cassis Jamnick Pappageorge Van Woerkom

Caul Jansen Patterson Vander Roest

Clark, I. Jelinek Pestka Vear

Clarke, H. Johnson, Rick Phillips Voorhees

Daniels Johnson, Ruth Plakas Waters

Dennis Julian Pumford Whitmer

DeRossett Kolb Raczkowski Williams

DeVuyst Kooiman Reeves Wojno

Drolet Kowall Richardville Woodward

Ehardt Kuipers Richner Woronchak

Faunce LaSata Rison Zelenko

Frank

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 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. Richardville moved that the bill be given immediate effect.

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

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.

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

Roll Call No. 791 Yeas--63

Allen George Kuipers Rocca

Birkholz Gilbert LaSata Scranton

Bisbee Godchaux Mans Shackleton

Bishop Gosselin Mead Sheltrown

Bradstreet Hager Meyer Shulman

Brown, B. Hart Middaugh Spade

Brown, C. Howell Mortimer Stamas

Cassis Hummel Neumann Stewart

Caul Jansen Newell Switalski

DeRossett Jelinek Pappageorge Tabor

DeVuyst Johnson, Rick Patterson Van Woerkom

DeWeese Johnson, Ruth Pestka Vander Roest

Drolet Julian Pumford Vear

Ehardt Koetje Raczkowski Voorhees

Faunce Kooiman Richardville Woronchak

Frank Kowall Richner

Nays--41

Adamini Dennis Lockwood Schauer

Anderson Garza McConico Stallworth

Basham Gieleghem Minore Thomas

Bernero Hale Murphy Toy

Bogardus Hansen O'Neil Waters

Bovin Hardman Phillips Whitmer

Brown, R. Jamnick Quarles Williams

Callahan Kolb Reeves Wojno

Clark, I. Lemmons Rison Woodward

Clarke, H. Lipsey Rivet Zelenko

Daniels

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 1939 PA 280, entitled "An act to protect the welfare of the people of this state; to provide general assistance, hospitalization, infirmary and medical care to poor or unfortunate persons; to provide for compliance by this state with the social security act; to provide protection, welfare and services to aged persons, dependent children, the blind, and the permanently and totally disabled; to administer programs and services for the prevention and treatment of delinquency, dependency and neglect of children; to create a state department of social services; to prescribe the powers and duties of the department; to provide for the interstate and intercounty transfer of dependents; to create county and district departments of social services; to create within certain county departments, bureaus of social aid and certain divisions and offices thereunder; to prescribe the powers and duties of the departments, bureaus and officers; to provide for appeals in certain cases; to prescribe the powers and duties of the state department with respect to county and district departments; to prescribe certain duties of certain other state departments, officers, and agencies; to make an appropriation; to prescribe penalties for the violation of the provisions of this act; and to repeal certain parts of this act on specific dates," 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 sections 14h and 14i.

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. 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.

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

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

Reps. Mead and Sheltrown moved to amend the bill as follows:

1. Amend page 1, line 9, after "until" by striking out "January" and inserting "April".

2. Amend page 1, line 9, after "1," by striking out "2008" and inserting "2002".

3. Amend page 2, line 2, after "cents" by striking out "THROUGH MARCH 31, 2002, AND BEGINNING APRIL 1, 2002, $1.50".

4. Amend page 2, line 11, by striking out all of enacting section 2.

The motion prevailed and the amendments were 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.

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. 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.

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

Roll Call No. 792 Yeas--104

Adamini Faunce Kuipers Richner

Allen Frank LaSata Rison

Anderson Garza Lemmons Rivet

Basham George Lipsey Schauer

Bernero Gieleghem Lockwood Scranton

Birkholz Gilbert Mans Shackleton

Bisbee Godchaux McConico Sheltrown

Bishop Gosselin Mead Shulman

Bogardus Hager Meyer Spade

Bovin Hale Middaugh Stamas

Bradstreet Hansen Minore Stewart

Brown, B. Hardman Mortimer Switalski

Brown, C. Hart Murphy Tabor

Brown, R. Howell Neumann Thomas

Callahan Hummel Newell Toy

Cassis Jacobs O'Neil Van Woerkom

Caul Jamnick Pappageorge Vander Roest

Clark, I. Jansen Patterson Vear

Clarke, H. Jelinek Pestka Voorhees

Daniels Johnson, Rick Phillips Waters

Dennis Johnson, Ruth Plakas Whitmer

DeRossett Julian Pumford Williams

DeVuyst Koetje Quarles Wojno

DeWeese Kolb Raczkowski Woodward

Drolet Kooiman Reeves Woronchak

Ehardt Kowall Richardville 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 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,".

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.

Second Reading of Bills

House Bill No. 4720, entitled

A bill to amend 1895 PA 3, entitled "The general law village act," by amending section 6 of chapter XIV (MCL 74.6) and by adding section 6b to chapter XIV.

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

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

Rep. Bradstreet moved to amend the bill as follows:

1. Amend page 9, line 15, after "SEC. 6C." by inserting "IF NO PERSON RESIDES IN THE TERRITORY PROPOSED FOR ANNEXATION AND THE TERRITORY PROPOSED FOR ANNEXATION IS VACANT, OR".

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

Rep. Bradstreet demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 793 Yeas--35

Allen Howell Meyer Shackleton

Bisbee Hummel Pappageorge Shulman

Bishop Jacobs Patterson Stamas

Bradstreet Johnson, Rick Pestka Switalski

Cassis Johnson, Ruth Raczkowski Toy

DeRossett Julian Richardville Vear

Drolet Kuipers Richner Voorhees

Frank Lemmons Rivet Williams

Gosselin Mans Rocca

Nays--67

Adamini DeWeese Kooiman Schauer

Anderson Ehardt LaSata Scranton

Basham Faunce Lockwood Sheltrown

Bernero Garza McConico Spade

Birkholz George Mead Stallworth

Bogardus Gieleghem Middaugh Stewart

Bovin Gilbert Minore Tabor

Brown, B. Godchaux Mortimer Thomas

Brown, C. Hager Murphy Van Woerkom

Brown, R. Hale Neumann Vander Roest

Callahan Hansen Newell Waters

Caul Hardman O'Neil Whitmer

Clark, I. Hart Plakas Wojno

Clarke, H. Jamnick Pumford Woodward

Daniels Jelinek Quarles Woronchak

Dennis Koetje Reeves Zelenko

DeVuyst Kolb Rison

In The Chair: Ehardt

______

Rep. Kowall, under Rule 32(b), made the following statement:

"Mr. Speaker and members of the House:

I did not vote on Roll Call No. 793 because of a possible conflict of interest."

Rep. Middaugh moved to amend the bill as follows:

1. Amend page 2, line 19, after "VILLAGE" by inserting "AND THE TERRITORY PROPOSED TO BE ANNEXED OR DETACHED".

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

Rep. Gilbert 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

House Bill No. 4720, entitled

A bill to amend 1895 PA 3, entitled "The general law village act," by amending section 6 of chapter XIV (MCL 74.6) and by adding section 6b to chapter XIV.

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

Roll Call No. 794 Yeas--89

Adamini Frank LaSata Rocca

Allen Garza Lemmons Schauer

Anderson George Lipsey Scranton

Basham Gieleghem Lockwood Shackleton

Bernero Gilbert Mans Sheltrown

Birkholz Godchaux McConico Shulman

Bishop Hager Mead Spade

Bogardus Hale Meyer Stallworth

Bovin Hansen Middaugh Stamas

Brown, B. Hardman Minore Stewart

Brown, C. Hart Mortimer Switalski

Brown, R. Howell Murphy Tabor

Callahan Hummel Neumann Thomas

Cassis Jacobs Newell Van Woerkom

Caul Jamnick O'Neil Vander Roest

Clark, I. Jansen Pestka Waters

Clarke, H. Jelinek Pumford Whitmer

Daniels Johnson, Rick Quarles Williams

Dennis Julian Reeves Wojno

DeVuyst Koetje Richardville Woodward

DeWeese Kolb Richner Woronchak

Ehardt Kooiman Rivet Zelenko

Faunce

Nays--13

Bisbee Gosselin Patterson Toy

Bradstreet Kuipers Phillips Vear

DeRossett Pappageorge Raczkowski Voorhees

Drolet

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 1895 PA 3, entitled "The general law village act," by amending section 6 of chapter XIV (MCL 74.6) and by adding sections 6b, 6c, and 6d to chapter XIV.

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. Basham, Birkholz, Bovin, Callahan, Clark, Clarke, Daniels, Ehardt, Gieleghem, Hardman, Jacobs, Julian, Kolb, LaSata, Lockwood, McConico, Minore, Murphy, O'Neil, Pumford, Whitmer and Zelenko were named
co-sponsors of the bill.

Rep. Drolet moved that his name be removed as co-sponsor of the bill.

The motion prevailed.

______

Rep. Kowall, under Rule 32(b), made the following statement:

"Mr. Speaker and members of the House:

I did not vote on Roll Call No. 794 because of a possible conflict of interest."

Second Reading of Bills

House Bill No. 4721, entitled

A bill to amend 1909 PA 278, entitled "The home rule village act," by amending sections 4 and 5 (MCL 78.4 and 78.5).

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

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

Rep. DeVuyst 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

House Bill No. 4721, entitled

A bill to amend 1909 PA 278, entitled "The home rule village act," by amending sections 4 and 5 (MCL 78.4 and 78.5).

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

Roll Call No. 795 Yeas--90

Adamini Frank LaSata Rocca

Allen Garza Lipsey Schauer

Anderson George Lockwood Scranton

Basham Gieleghem Mans Shackleton

Bernero Gilbert McConico Sheltrown

Birkholz Godchaux Mead Shulman

Bishop Hager Meyer Spade

Bogardus Hale Middaugh Stallworth

Bovin Hansen Minore Stamas

Brown, B. Hardman Mortimer Stewart

Brown, C. Hart Murphy Switalski

Brown, R. Howell Neumann Tabor

Callahan Hummel Newell Thomas

Cassis Jacobs O'Neil Van Woerkom

Caul Jamnick Pestka Vander Roest

Clark, I. Jansen Plakas Waters

Clarke, H. Jelinek Pumford Whitmer

Daniels Johnson, Rick Reeves Williams

Dennis Julian Richardville Wojno

DeVuyst Koetje Richner Woodward

DeWeese Kolb Rison Woronchak

Ehardt Kooiman Rivet Zelenko

Faunce Kowall

Nays--15

Bisbee Gosselin Pappageorge Toy

Bradstreet Johnson, Ruth Patterson Vear

DeRossett Kuipers Phillips Voorhees

Drolet Lemmons Raczkowski

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 1909 PA 278, entitled "The home rule village act," by amending sections 4 and 5 (MCL 78.4 and 78.5) and by adding section 5b.

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. Drolet moved that his name be removed as co-sponsor of the bill.

The motion prevailed.

Second Reading of Bills

House Bill No. 4722, entitled

A bill to amend 1909 PA 279, entitled "The home rule city act," by amending section 9 (MCL 117.9), as amended by 1984 PA 352.

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

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

Rep. Jamnick 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

House Bill No. 4722, entitled

A bill to amend 1909 PA 279, entitled "The home rule city act," by amending section 9 (MCL 117.9), as amended by 1984 PA 352.

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

Roll Call No. 796 Yeas--91

Adamini Frank LaSata Rocca

Allen Garza Lipsey Schauer

Anderson George Lockwood Scranton

Basham Gieleghem Mans Shackleton

Bernero Gilbert McConico Sheltrown

Birkholz Godchaux Mead Shulman

Bishop Hager Meyer Spade

Bogardus Hale Middaugh Stallworth

Bovin Hansen Minore Stamas

Brown, B. Hardman Mortimer Stewart

Brown, C. Hart Murphy Switalski

Brown, R. Howell Neumann Tabor

Callahan Hummel Newell Thomas

Cassis Jacobs O'Neil Van Woerkom

Caul Jamnick Pestka Vander Roest

Clark, I. Jansen Plakas Waters

Clarke, H. Jelinek Pumford Whitmer

Daniels Johnson, Rick Quarles Williams

Dennis Julian Reeves Wojno

DeVuyst Koetje Richardville Woodward

DeWeese Kolb Richner Woronchak

Ehardt Kooiman Rison Zelenko

Faunce Kowall Rivet

Nays--15

Bisbee Gosselin Pappageorge Toy

Bradstreet Johnson, Ruth Patterson Vear

DeRossett Kuipers Phillips Voorhees

Drolet Lemmons Raczkowski

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 1909 PA 279, entitled "The home rule city act," by amending sections 9 and 9b (MCL 117.9 and 117.9b), section 9 as amended by 1984 PA 352 and section 9b as added by 1982 PA 465, and by adding sections 9c, 9d, and 9e.

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. Birkholz, Bovin, Callahan, Clarke, Ehardt, Hardman, Jacobs, Julian, Kolb, LaSata, Lockwood, Mans, McConico, Minore, Murphy, Pumford, Whitmer and Zelenko were named co-sponsors of the bill.

Rep. Drolet moved that his name be removed as co-sponsor of the bill.

The motion prevailed.

Second Reading of Bills

House Bill No. 4723, entitled

A bill to amend 1846 RS 16, entitled "Of the powers and duties of townships, the election and duties of township officers, and the division of townships," (MCL 41.1a to 41.110c) by adding section 104a.

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

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

Rep. Pumford 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

House Bill No. 4723, 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. 797 Yeas--90

Allen Garza Lipsey Rocca

Anderson George Lockwood Schauer

Basham Gieleghem Mans Scranton

Bernero Gilbert McConico Shackleton

Birkholz Godchaux Mead Sheltrown

Bishop Hager Meyer Shulman

Bogardus Hale Middaugh Spade

Bovin Hansen Minore Stallworth

Brown, B. Hardman Mortimer Stamas

Brown, C. Hart Murphy Stewart

Brown, R. Howell Neumann Switalski

Callahan Hummel Newell Tabor

Cassis Jacobs O'Neil Thomas

Caul Jamnick Pestka Van Woerkom

Clark, I. Jansen Plakas Vander Roest

Clarke, H. Jelinek Pumford Waters

Daniels Johnson, Rick Quarles Whitmer

Dennis Julian Reeves Williams

DeVuyst Koetje Richardville Wojno

DeWeese Kolb Richner Woodward

Ehardt Kooiman Rison Woronchak

Faunce Kowall Rivet Zelenko

Frank LaSata

Nays--15

Bisbee Gosselin Pappageorge Toy

Bradstreet Johnson, Ruth Patterson Vear

DeRossett Kuipers Phillips Voorhees

Drolet Lemmons Raczkowski

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.

Reps. Birkholz, Bovin, Callahan, Ehardt, Hardman, Julian, Kolb, LaSata, Lockwood, Mans, McConico, Minore, Whitmer and Zelenko were named co-sponsors of the bill.

Rep. Drolet moved that his name be removed as co-sponsor of the bill.

The motion prevailed.

______

Rep. Whitmer, 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. 788 and 789. Had I been present, I would have voted 'yea'."

Second Reading of Bills

House Bill No. 4724, entitled

A bill to amend 1968 PA 191, entitled "An act to create a state boundary commission; to prescribe its powers and duties; to provide for municipal incorporation, consolidation, and annexation; to prescribe penalties and provide remedies; and to repeal acts and parts of acts," by amending section 11b (MCL 123.1011b), as added by 1982 PA 192.

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

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.

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

House Bill No. 4724, 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. 798 Yeas--91

Adamini Frank LaSata Rocca

Allen Garza Lipsey Schauer

Anderson George Lockwood Scranton

Basham Gieleghem Mans Shackleton

Bernero Gilbert McConico Sheltrown

Birkholz Godchaux Mead Shulman

Bishop Hager Meyer Spade

Bogardus Hale Middaugh Stallworth

Bovin Hansen Mortimer Stamas

Brown, B. Hardman Murphy Stewart

Brown, C. Hart Neumann Switalski

Brown, R. Howell Newell Tabor

Callahan Hummel O'Neil Thomas

Cassis Jacobs Pestka Van Woerkom

Caul Jamnick Plakas Vander Roest

Clark, I. Jansen Pumford Waters

Clarke, H. Jelinek Quarles Whitmer

Daniels Johnson, Rick Raczkowski Williams

Dennis Julian Reeves Wojno

DeVuyst Koetje Richardville Woodward

DeWeese Kolb Richner Woronchak

Ehardt Kooiman Rison Zelenko

Faunce Kowall Rivet

Nays--14

Bisbee Gosselin Pappageorge Toy

Bradstreet Johnson, Ruth Patterson Vear

DeRossett Kuipers Phillips Voorhees

Drolet Lemmons

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.

Rep. Drolet moved that his name be removed as co-sponsor of the bill.

The motion prevailed.

Second Reading of Bills

House Bill No. 4725, entitled

A bill to amend 1947 PA 359, entitled "The charter township act," by amending section 34 (MCL 42.34), as amended by 1984 PA 353.

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

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

Rep. Tabor 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

House Bill No. 4725, entitled

A bill to amend 1947 PA 359, entitled "The charter township act," by amending section 34 (MCL 42.34), as amended by 1984 PA 353.

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

Roll Call No. 799 Yeas--86

Adamini Faunce Kooiman Rocca

Allen Frank LaSata Schauer

Anderson Garza Lipsey Scranton

Basham George Lockwood Shackleton

Bernero Gieleghem Mans Sheltrown

Birkholz Gilbert McConico Shulman

Bishop Godchaux Mead Spade

Bogardus Hager Meyer Stallworth

Bovin Hale Middaugh Stamas

Brown, B. Hansen Mortimer Stewart

Brown, C. Hardman Murphy Switalski

Brown, R. Hart Newell Tabor

Callahan Howell O'Neil Van Woerkom

Cassis Hummel Pestka Vander Roest

Caul Jacobs Plakas Waters

Clark, I. Jamnick Pumford Whitmer

Clarke, H. Jansen Reeves Williams

Daniels Jelinek Richardville Wojno

Dennis Johnson, Rick Richner Woodward

DeVuyst Julian Rison Woronchak

DeWeese Koetje Rivet Zelenko

Ehardt Kolb

Nays--17

Bisbee Johnson, Ruth Neumann Raczkowski

Bradstreet Kowall Pappageorge Toy

DeRossett Kuipers Patterson Vear

Drolet Lemmons Phillips Voorhees

Gosselin

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.

Reps. Basham, Birkholz, Bovin, Callahan, Clarke, Ehardt, Hardman, Julian, Kolb, Mans and Zelenko were named co-sponsors of the bill.

Rep. Drolet moved that his name be removed as co-sponsor of the bill.

The motion prevailed.

By unanimous consent the House returned to the order of

Motions and Resolutions

Reps. Pumford, Vander Roest, Julian, Mortimer, Pappageorge, Shulman, Jelinek, Shackleton, Middaugh, Ehardt, LaSata, Van Woerkom, Newell, Stamas, Caul, Meyer, Allen, Kuipers, Cameron Brown, Mead, Dennis and Jansen offered the following resolution:

House Resolution No. 286.

A resolution to urge the United States Department of Agriculture to expedite the processing of emergency loans for farm losses from the summer 2001 drought.

Whereas, During the summer of 2001, Michigan agriculture suffered from an unusually severe and extended drought. Our farmers endured more than two months, in the midst of the growing season, with less than an inch of rain, which caused enormous damage to dozens of crops across virtually the entire state. The losses to farmers represent a major burden, especially to smaller family operations; and

Whereas, Pursuant to federal disaster procedures, Governor Engler requested assistance. This request was based on losses of at least 30 percent in at least one commodity per county. On December 4, 2001, the United States Department of Agriculture named 82 of Michigan's counties eligible for emergency farm loans. This announcement is most welcome and appreciated by the entire Michigan farm community. For individual farm operators, access to the low-interest loans is crucial to surviving the financial losses of last year; and

Whereas, For those who have endured the losses from last season's drought, time is also a major factor in how well they cope with the financial burdens before them. At this time, as farm operators plan for next year, it is essential that the uncertainties and burdens of last year be handled as soon as possible. Some farmers face the hard choice of deciding whether or not to continue to plant crops. The swift processing of loan applications is very important; now, therefore, be it

Resolved by the House of Representatives, That we urge the United States Department of Agriculture to expedite the processing of emergency loans for farm losses from the summer 2001 drought; and be it further

Resolved, That copies of this resolution be transmitted to the United States Department of Agriculture.

The resolution was referred to the Committee on Agriculture and Resource Management.

Reps. Kilpatrick, Reeves, Garza, Thomas, Hale, Clark, Sheltrown, Quarles, Lipsey, Daniels, Kolb, Adamini, Rich Brown, McConico, Hardman, Whitmer, Rick Johnson, DeWeese, Murphy, Zelenko, Waters, Wojno, Bernero, Phillips and Lemmons offered the following resolution:

House Resolution No. 287.

A resolution congratulating Carolyn and Leon Burke, Jr., as they celebrate their 30th wedding anniversary.

Whereas, It is a distinct honor to join with the family and friends of Carolyn and Leon Burke, Jr., of Detroit, Michigan, as they celebrate their 30th wedding anniversary. As they gather to mark this milestone in their lives, it is most appropriate to commend them for the manner in which their strong relationship has enhanced our state and the experiences of all those fortunate enough to know these two fine people; and

Whereas, On February 5, 1972, Venson and Connie Dennis gave Carolyn Dennis for holy matrimony to Leon Burke, Jr., the son of Leon and Phyllis Burke Sr. In the years that have followed, they have been renewing these vows every day, not by words, but by the commitment they make in their deeds in coping with the challenges of life and the joys of this world. As the Burkes affirm, no marriage can reach the milestone of 30 years without commitment and renewal. On February 5, 2002, the Burkes will recall the vows they spoke long ago at Christ Evangelical Lutheran Church and celebrate 30 years of marriage; and

Whereas, Carolyn and Leon Burke, Jr., participated in the National Tots N Teens Association where Leon was elected national president. Levi Jackson, the first African-American Urban Affairs Director at Ford Motor Company, was a mentor to Carolyn and she took his place upon his retirement. Carolyn then went on to work in Ford's international public affairs department, where she covered counties around the globe. In May of 2001, Carolyn retired from Ford Motor Company after 30 years of dedicated service. Leon Burke, Jr., continues to work as the substation supervisor at DTE Energy and is an assistant coach for the girls softball team and boys football team at Renaissance High School; and

Whereas, The Burkes are blessed with two children, Leon Edgar Burke, III and Maunda Ghenet Burke. Leon Burke, Jr.'s mother and six brothers and sisters, along with Carolyn's six brothers and sisters, are proud to honor their strong marriage and friendship. Leon Edgar Burke, III and William and Maunda Ghenet Land commend them for their love and support throughout the years and their contribution to their community and society as a whole; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body congratulate Carolyn and Leon Burke, Jr., as they mark their 30th wedding anniversary. May they continue to grow closer to one another with each passing day; and be it further

Resolved, That a copy of this resolution be transmitted to Carolyn and Leon Burke, Jr., as evidence of our great respect for their 30 years of marriage.

Pending the reference of the resolution to a committee,

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

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

The question being on the adoption of the resolution,

The resolution was adopted.

THIS RESOLUTION IS OFFERED TO COMPLY WITH MCL §§ 324.36105 and 324.36106.

Rep. Hart offered the following concurrent resolution:

House Concurrent Resolution No. 50.

A concurrent resolution to approve certain designated open space land applications.

Whereas, Sections 36105(2) and 36106(9) of Part 361, Farmland and Open Space Preservation, of the Natural Resources and Environmental Protection Act, 1994 PA 451, require the Department of Agriculture to submit each application for designated open space development rights easements and local open space easements on appeal, along with an analysis of its cost, to the Legislature; and

Whereas, The Legislature has reviewed the applications and analysis and determined that the lands in question qualify and that it is in the interest of the state of Michigan to enter into said easements involving parcels of land located in Kent County, Ingham County, Mackinac County, and Otsego County; now, therefore, be it

Resolved by the House of Representatives (the Senate concurring), That the following designated open space land applications submitted by the Department of Agriculture be hereby approved:

1) William Schall; location-City of Williamston, Ingham County, T3N, R1E; size-10 acres; cost per year-$834.00; retroactive cost since application was made-$2,502.00; proposed term-10 years.

2) William Schreur; location-Vergennes Township, Kent County, T7N, R9W; size-65 acres; cost per year-$670.00; retroactive cost since application was made-$2,680.00; proposed term-10 years.

3) Cheryl J. Jahn Trust; location-Bois Blanc Island, Mackinac County, T39N-40N, R2W; size-105 acres; cost per year-$474.00; retroactive cost since application was made-$1,896.00; proposed term-10 years.

4) Martin Jahn, Inc.; location-Bois Blanc Island, Mackinac County, T39N, R1W; size-144 acres; cost per year-$785.00; retroactive cost since application was made-$3,140.00; proposed term-10 years.

5) James L. Doyle; location-Dover Township, Otsego County, T31N, R2W; size-312 acres; cost per year-$1,378.00; retroactive cost since application was made-$2,756.00; proposed term-10 years.

6) Nancy E. Hand Trust; location-Napoleon Township, Jackson County, T3S, R2E; size-5 acres; cost per year-$462.00; retroactive cost since application was made-$462.00; proposed term-10 years.

The total number of acres for these applications is 641 acres; the total cost per year for all of the applications is $4,603.00; and the total retroactive cost for all of the applications since they were made is $13,436.00

; and be it further

Resolved, That copies of this resolution be transmitted to the Department of Agriculture.

The concurrent resolution was referred to the Committee on Land Use and Environment.

Announcement by the Clerk of Printing and Enrollment

The Clerk announced that the following bills had been printed and placed upon the files of the members, Thursday, December 6:

Senate Bill Nos. 882 883 884 885 886 887 888 889 890 891 892 893 894 895

896 897 898 899 900 901 902 903 904 905 906 907 908 909

910 911 912 913 914 915 916 917 918 919 920

The Clerk announced that the following bills had been printed and placed upon the files of the members, Friday, December 7:

Senate Bill Nos. 921 922 923 924 925 926

The Clerk announced the enrollment printing and presentation to the Governor on Wednesday, December 12, for his approval of the following bills:

Enrolled House Bill No. 4333 at 10:30 a.m.

Enrolled House Bill No. 4733 at 10:32 a.m.

Enrolled House Bill No. 4811 at 10:34 a.m.

Enrolled House Bill No. 5091 at 10:36 a.m.

Enrolled House Bill No. 5341 at 10:38 a.m.

Enrolled House Bill No. 5342 at 10:40 a.m.

The Clerk announced that the following Senate bills had been received on Wednesday, December 12:

Senate Bill Nos. 358 670

By unanimous consent the House returned to the order of

Reports of Standing Committees

The Committee on Insurance and Financial Services, by Rep. Richner, Chair, reported

Senate Bill No. 499, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by repealing chapter 37 (MCL 500.3701 to 500.3728).

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

SB 499 To Report Out:

Yeas: Reps. Richner, Hager, Hummel, Julian, Van Woerkom, Wojno, Anderson, Clark, Daniels, Woodward,

Nays: None.

The Committee on Insurance and Financial Services, by Rep. Richner, Chair, reported

Senate Bill No. 500, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending section 244 (MCL 500.244), as amended by 1992 PA 182.

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

SB 500 To Report Out:

Yeas: Reps. Richner, Bisbee, Hager, Hummel, Julian, Middaugh, Van Woerkom, Wojno, Anderson, Clark, Daniels, Woodward,

Nays: None.

The Committee on Insurance and Financial Services, by Rep. Richner, Chair, reported

Senate Bill No. 718, entitled

A bill to amend 1969 PA 317, entitled "Worker's disability compensation act of 1969," by amending section 551 (MCL 418.551), as amended by 1992 PA 269.

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 718 To Report Out:

Yeas: Reps. Richner, Bisbee, Hager, Hummel, Julian, Middaugh,Van Woerkom, Wojno, Anderson, Clark, Daniels,Woodward,

Nays: None.

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Richner, Chair of the Committee on Insurance and Financial Services, was received and read:

Meeting held on: Wednesday, December 12, 2001, at 10:30 a.m.,

Present: Reps. Richner, Bisbee, Hager, Hummel, Julian, Middaugh, Van Woerkom, Wojno, Anderson, Clark, Daniels, Woodward,

Absent: Reps. Ehardt, Scranton, Schermesser,

Excused: Reps. Ehardt, Scranton, Schermesser.

The Committee on Tax Policy, by Rep. Cassis, Chair, reported

Senate Bill No. 437, entitled

A bill to amend 1933 PA 167, entitled "General sales tax act," by amending section 4x (MCL 205.54x), as added by 2000 PA 204.

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 437 To Report Out:

Yeas: Reps. Cassis, Vear, Drolet, Faunce, Gosselin, Kowall, Meyer, Newell, Richardville, Woronchak, Quarles, Basham, Bob Brown, Minore, O'Neil, Wojno,

Nays: None.

The Committee on Tax Policy, by Rep. Cassis, Chair, reported

Senate Bill No. 576, entitled

A bill to amend 1937 PA 94, entitled "Use tax act," by amending section 4 (MCL 205.94), as amended by 2001 PA 39.

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

SB 576 To Report Out:

Yeas: Reps. Cassis, Vear, Drolet, Faunce, Gosselin, Kowall, Meyer, Newell, Richardville, Woronchak, Quarles, Basham, Bob Brown, Minore, O'Neil, Wojno,

Nays: None.

The Committee on Tax Policy, by Rep. Cassis, Chair, reported

House Bill No. 4732, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending section 471 (MCL 206.471), as amended by 1996 PA 484.

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 4732 To Report Out:

Yeas: Reps. Cassis, Vear, Drolet, Faunce, Gosselin, Kowall, Meyer, Newell, Richardville, Woronchak, Quarles, Basham, Bob Brown, Minore, O'Neil, Wojno,

Nays: None.

The Committee on Tax Policy, by Rep. Cassis, Chair, reported

House Bill No. 5453, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending section 301 (MCL 206.301), as amended by 1996 PA 484.

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 5453 To Report Out:

Yeas: Reps. Cassis, Vear, Drolet, Faunce, Gosselin, Kowall, Meyer, Newell, Richardville, Woronchak, Quarles, Basham, Bob Brown, Hale, Minore, O'Neil, Wojno,

Nays: None.

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, December 12, 2001, at 10:30 a.m.,

Present: Reps. Cassis, Vear, Drolet, Faunce, Gosselin, Kowall, Meyer, Newell, Richardville, Woronchak, Quarles, Basham, Bob Brown, Hale, Minore, O'Neil, Wojno.

The Committee on Transportation, by Rep. Gilbert, Chair, reported

House Bill No. 5337, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 722 (MCL 257.722), as amended by 2000 PA 6.

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 5337 To Report Out:

Yeas: Reps. Gilbert, George, Drolet, Gosselin, Hummel, Julian, Anderson, Bovin, Jamnick, Murphy, Neumann,

Nays: Rep. Hart.

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, December 12, 2001, at 9:00 a.m.,

Present: Reps. Gilbert, George, Drolet, Gosselin, Hart, Hummel, Julian, Anderson, Bovin, Jamnick, Murphy, Neumann,

Absent: Reps. DeRossett, Ruth Johnson, Scranton, Daniels, Schermesser,

Excused: Reps. DeRossett, Ruth Johnson, Scranton, Daniels, Schermesser.

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: Wednesday, December 12, 2001, at 10:30 a.m.,

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

Absent: Rep. Kuipers,

Excused: Rep. Kuipers.

Communications from State Officers

The following communications from the Department of Consumer and Industry Services were received and read:

November 20, 2001

Pursuant to Section 314 of P.A. 119 of 2001, we are enclosing a copy of the following report:

Type of Report Facility Report # License #

Renewal Approval Report Park Place Residential Care Center CS390201357

This report was performed in compliance with the requirements of P.A. 116 of 1973 as amended, and the Administrative Rules for Child Caring Institutions. The report may also be viewed on our website at the following address: http://www.cis.state.mi.us/fast/leg_rep.htm.

If you have any questions regarding this information, please feel free to contact me at 373-3892.

November 29, 2001

Pursuant to Section 314 of P.A. 119 of 2001, we are enclosing a copy of the following report:

Type of Report Facility Report # License #

Special Investigation Report Green Oak Center 2001C0208043 CS470201159

If you have any questions regarding this information, please feel free to contact me at 373-3892.

December 6, 2001

Pursuant to Section 314 of P.A. 119 of 2001, we are enclosing a copy of the following report:

Type of Report Facility Report # License #

Special Investigation Report Summit Center 2002C0201002 CS470201446

If you have any questions regarding this information, please feel free to contact me at 373-3892.

Sincerely,

John R. Suckow, C.P.A.

Director, Finance and Administrative Services

The communications were referred to the Clerk.

The following communication from the Department of Civil Service was received and read:

December 5, 2001

The Human Resources Management Network (HRMN) has received the following change requests for access to the Legislative and Judicial employees data.

The Department of Management and Budget, Office of Administrative Services, has requested that Doreen Brown be given unrestricted statewide access to non-elected legislative employees and judicial employees payroll and benefit information. This access is needed to meet the information needs of Retirement, Office of the State Employer and the Office of the Budget.

Please review these changes by close of business on December 10 and let me know if you have any questions or objections.

Sincerely,

Richard H. Huneke

Project Director, Human Resources Management Network

The communication was referred to the Clerk.

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

Notices of Filing

Administrative Rules

November 6, 2001

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6 this is to advise you that the Office of Regulatory Reform, Legal Division filed at 3:55 P.M. this date, administrative rule (01-11-01E) for the Department of Corrections, entitled "Suspension of the practice of opening legal mail in a prisoner's presence and amendment of R791.6603", effective upon filing with the Secretary of State.

November 26, 2001

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6 this is to advise you that the Office of Regulatory Reform, Legal Division filed at 2:15 P.M. this date, administrative rule (01-11-02) for the Department of Agriculture, Food and Dairy Division, entitled "Regulation No. 538. Egg Breaking", effective 7 days hereafter.

November 26, 2001

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6 this is to advise you that the Office of Regulatory Reform, Legal Division filed at 2:17 P.M. this date, administrative rule (01-11-03) for the Department of Agriculture, Food and Dairy Division, entitled "Regulation No. 549. Nonalcoholic Beverages", effective 7 days hereafter.

November 26, 2001

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6 this is to advise you that the Office of Regulatory Reform, Legal Division filed at 2:19 P.M. this date, administrative rule (01-11-04) for the Department of Agriculture, Food and Dairy Division, entitled "Regulation No. 554. Last Day of Sale", effective 7 days hereafter.

November 26, 2001

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6 this is to advise you that the Office of Regulatory Reform, Legal Division filed at 2:21 P.M. this date, administrative rule (01-11-05) for the Department of Agriculture, Food and Dairy Division, entitled "Regulation No. 556. Food Concessions at State and County Fairs", effective 7 days hereafter.

November 26, 2001

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6 this is to advise you that the Office of Regulatory Reform, Legal Division filed at 2:23 P.M. this date, administrative rule (01-11-06) for the Department of Agriculture, Food and Dairy Division, entitled "Regulation No. 557. Food Establishment Licensing", effective 7 days hereafter.

November 26, 2001

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6 this is to advise you that the Office of Regulatory Reform, Legal Division filed at 2:25 P.M. this date, administrative rule (01-11-07) for the Department of Agriculture, Food and Dairy Division, entitled "Regulation No. 558. Temporary Food Establishments", effective 7 days hereafter.

November 26, 2001

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6 this is to advise you that the Office of Regulatory Reform, Legal Division filed at 2:27 P.M. this date, administrative rule (01-11-08) for the Department of Agriculture, Food and Dairy Division, entitled "Food Services Sanitation", effective 7 days hereafter.

November 26, 2001

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6 this is to advise you that the Office of Regulatory Reform, Legal Division filed at 2:29 P.M. this date, administrative rule (01-11-09) for the Department of Agriculture, Pesticide and Pesticide Management Division, entitled "Regulation No. 530. Controlled Atmosphere Storage for Apples", effective 7 days hereafter.

November 26, 2001

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6 this is to advise you that the Office of Regulatory Reform, Legal Division filed at 2:31 P.M. this date, administrative rule (01-11-10) for the Department of Agriculture, Pesticide and Plant Pesticide Division, entitled "Regulation No. 605. Disposal of Christmas Trees", effective 7 days hereafter.

November 27, 2001

In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6 this is to advise you that the Office of Regulatory Reform, Legal Division filed at 2:00 P.M. this date, administrative rule (01-11-11) for the Department of Consumer and Industry Services, Director's Office, entitled "General Industry Safety Standard Part 74 Firefighting", effective 7 days hereafter.

Sincerely,

Candice S. Miller

Secretary of State

Elena L. Beasley, Manager

Office of the Great Seal

The communications were referred to the Clerk.

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. 800 Yeas--92

Adamini Garza LaSata Rison

Allen George Lemmons Rivet

Anderson Gieleghem Lipsey Rocca

Basham Gilbert McConico Schauer

Birkholz Godchaux Mead Scranton

Bisbee Gosselin Meyer Sheltrown

Bishop Hager Middaugh Shulman

Bogardus Hale Minore Spade

Bovin Hansen Mortimer Stamas

Bradstreet Hart Murphy Stewart

Brown, B. Howell Newell Switalski

Brown, C. Hummel O'Neil Tabor

Callahan Jacobs Pappageorge Toy

Cassis Jamnick 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 Whitmer

DeVuyst Kolb Raczkowski Williams

DeWeese Kooiman Reeves Woodward

Drolet Kowall Richardville Woronchak

Ehardt Kuipers Richner Zelenko

In The Chair: Ehardt

______

Rep. Lockwood moved that Reps. Dennis and Wojno be excused temporarily from today's session.

The motion prevailed.

Rep. Reeves moved that Rep. Hardman be excused temporarily from today's session.

The motion prevailed.

By unanimous consent the House returned to the order of

Second Reading of Bills

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.

Was read a second time, and the question being on the adoption of the proposed amendment previously recommended by the Committee on Regulatory Reform (for amendment, see House Journal No. 86, p. 2628),

The amendment 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.

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. 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.

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

Roll Call No. 801 Yeas--101

Adamini Garza Lipsey Rivet

Allen George Lockwood Rocca

Anderson Gieleghem Mans Schauer

Basham Gilbert McConico Scranton

Birkholz Godchaux Mead Shackleton

Bisbee Hager Meyer Sheltrown

Bishop Hale Middaugh Shulman

Bogardus Hansen Minore Spade

Bovin Hart Mortimer Stallworth

Bradstreet 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 Toy

Caul Johnson, Rick Pestka Van Woerkom

Clark, I. Johnson, Ruth Phillips Vander Roest

Clarke, H. Julian Plakas Vear

Daniels Koetje Pumford Voorhees

DeRossett Kolb Quarles Waters

DeVuyst Kooiman Raczkowski Whitmer

DeWeese Kowall Reeves Williams

Drolet Kuipers Richardville Woodward

Ehardt LaSata Richner Woronchak

Faunce Lemmons Rison Zelenko

Frank

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 create a commission for the control of the alcoholic beverage traffic within this state, and to prescribe its powers, duties, and limitations; to provide for powers and duties for certain state departments and agencies; to impose certain taxes for certain purposes; to provide for the control of the alcoholic liquor traffic within this state and to provide for the power to establish state liquor stores; to provide for the care and treatment of alcoholics; to provide for the incorporation of farmer cooperative wineries and the granting of certain rights and privileges to those cooperatives; to provide for the licensing and taxation of activities regulated under this act and the disposition of the money received under this act; to prescribe liability for retail licensees under certain circumstances and to require security for that liability; to provide procedures, defenses, and remedies regarding violations of this act; to provide for the enforcement and to prescribe penalties for violations of this act; to provide for allocation of certain funds for certain purposes; to provide for the confiscation and disposition of property seized under this act; to provide referenda under certain circumstances; 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.

Second Reading of Bills

House Bill No. 5462, entitled

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

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

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

Rep. DeVuyst moved to substitute (H-4) the bill.

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

Rep. Kooiman 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

House Bill No. 5462, entitled

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

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

Roll Call No. 802 Yeas--101

Adamini Garza Lemmons Rison

Allen George Lipsey Rivet

Anderson Gieleghem Lockwood Rocca

Basham Gilbert Mans Schauer

Birkholz Godchaux McConico Scranton

Bisbee Gosselin Mead Shackleton

Bishop Hager Meyer Sheltrown

Bogardus Hale Middaugh Shulman

Bovin Hansen Minore Spade

Bradstreet Hardman 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 Toy

Caul Jelinek Patterson Van Woerkom

Clark, I. Johnson, Rick Pestka Vander Roest

Clarke, H. Johnson, Ruth Phillips Vear

Daniels Julian Plakas Voorhees

DeRossett Koetje Pumford Waters

DeVuyst Kolb Quarles Whitmer

DeWeese Kooiman Raczkowski Williams

Drolet Kowall Reeves Woodward

Ehardt Kuipers Richardville Woronchak

Faunce LaSata Richner Zelenko

Frank

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.

Reps. Allen, Basham, Bisbee, Cameron Brown, DeRossett, DeVuyst, Ehardt, Faunce, George, Hager, Howell, Julian, Koetje, Lemmons, Lipsey, Mead, Meyer, Mortimer, Murphy, Newell, Patterson, Phillips, Raczkowski, Richardville, Richner, Rocca, Shulman, Spade, Stewart, Toy, Van Woerkom, Vear, Voorhees and Zelenko were named co-sponsors of the bill.

Second Reading of Bills

House Bill No. 4655, entitled

A bill to revise the priority of allocation of funds for certain programs and services administered by the department of community health; and to prescribe the powers and duties of certain state agencies and departments.

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

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

Rep. Lockwood moved to amend the bill as follows:

1. Amend page 5, line 3, after the second "entity" by inserting "reviewed and".

2. Amend page 5, line 7, after "department" by inserting a comma and "and that meets the following conditions:

(i) Can remain in continuous compliance with subpart A of Part 59 of Title 42 of the Code of Federal Regulations.

(ii) Must be capable of assuming the patient capacity required by the current contract.".

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

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

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

Rep. Jacobs demanded the yeas and nays.

The demand was supported.

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

The substitute (H-3) was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:

Roll Call No. 803 Yeas--31

Adamini Godchaux Lipsey Stewart

Anderson Hale McConico Switalski

Bogardus Hansen Minore Toy

Clark, I. Hardman Murphy Waters

Clarke, H. Jacobs Phillips Whitmer

Daniels Jamnick Rison Woodward

Garza Kolb Schauer Zelenko

Gieleghem Lemmons Scranton

Nays--65

Allen Faunce Kuipers Raczkowski

Basham Frank LaSata Richardville

Birkholz George Lockwood Richner

Bisbee Gosselin Mans Rivet

Bishop Hager Mead Rocca

Bovin Hart Meyer Shackleton

Bradstreet Howell Middaugh Sheltrown

Brown, B. Hummel Mortimer Shulman

Brown, C. Jansen Neumann Spade

Brown, R. Jelinek Newell Stamas

Cassis Johnson, Rick O'Neil Tabor

Caul Johnson, Ruth Pappageorge Van Woerkom

DeRossett Julian Patterson Vander Roest

DeVuyst Koetje Pestka Vear

DeWeese Kooiman Plakas Voorhees

Drolet Kowall Pumford Woronchak

Ehardt

In The Chair: Ehardt

Rep. Frank moved to amend the bill as follows:

1. Amend page 2, following line 25, by inserting:

"(5) Subsection (1) does not apply to qualified entities providing prenatal and/or STD testing and pregnancy counseling of the service area's infant mortality rate is more than 5%". and renumbering the remaining subsections.

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. 804 Yeas--39

Adamini Gieleghem Lockwood Switalski

Anderson Godchaux McConico Thomas

Bernero Hale Minore Toy

Bogardus Hansen Murphy Waters

Bovin Hardman Quarles Whitmer

Callahan Jacobs Rison Williams

Clarke, H. Jamnick Schauer Wojno

Daniels Kolb Scranton Woodward

Dennis Lemmons Stallworth Zelenko

Frank Lipsey Stewart

Nays--62

Allen George LaSata Raczkowski

Basham Gilbert Mans Richardville

Birkholz Gosselin Mead Richner

Bisbee Hager Meyer Rocca

Bishop Hart Middaugh Shackleton

Bradstreet Howell Mortimer Sheltrown

Brown, C. Hummel Neumann Shulman

Brown, R. Jansen Newell Spade

Cassis Jelinek O'Neil Stamas

Caul Johnson, Rick Pappageorge Tabor

DeRossett Johnson, Ruth Patterson Van Woerkom

DeVuyst Julian Pestka Vander Roest

DeWeese Koetje Phillips Vear

Drolet Kooiman Plakas Voorhees

Ehardt Kowall Pumford Woronchak

Faunce Kuipers

In The Chair: Ehardt

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

The motion prevailed.

House Bill No. 5333, 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 30a (MCL 205.30a), as amended by 1995 PA 116.

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

The motion prevailed.

House Bill No. 5397, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending section 30d (MCL 206.30d), as amended by 2000 PA 42.

The bill was read a second time.

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

The motion prevailed.

Senate Bill No. 257, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," (MCL 760.1 to 777.69) by adding section 36 to chapter IX.

Was read a second time, and the question being on the adoption of the proposed amendments previously recommended by the Committee on Criminal Justice (for amendments, see House Journal No. 83, p. 2514),

The amendments were 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.

Senate Bill No. 775, entitled

A bill to amend 1975 PA 228, entitled "Single business tax act," by amending section 19 (MCL 208.19), as added by 1999 PA 115.

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. 4926, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 8807 (MCL 324.8807), as added by 1998 PA 287, and by adding section 3112d.

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

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

Rep. Ruth Johnson 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

House Bill No. 4926, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 8807 (MCL 324.8807), as added by 1998 PA 287, and by adding section 3112d.

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

Roll Call No. 805 Yeas--104

Adamini Faunce Kuipers Rison

Allen Frank LaSata Rocca

Anderson Garza Lemmons Schauer

Basham George Lipsey Scranton

Bernero Gieleghem Lockwood Shackleton

Birkholz Gilbert Mans Sheltrown

Bisbee Godchaux McConico Shulman

Bishop Gosselin Mead Spade

Bogardus Hager Meyer Stallworth

Bovin Hale Middaugh Stamas

Bradstreet Hansen Minore Stewart

Brown, B. Hardman Mortimer Switalski

Brown, C. Hart Murphy Tabor

Brown, R. Howell Neumann Thomas

Callahan Hummel Newell Toy

Cassis Jacobs O'Neil Van Woerkom

Caul Jamnick Pappageorge Vander Roest

Clark, I. Jansen Patterson Vear

Clarke, H. Jelinek Pestka Voorhees

Daniels Johnson, Rick Plakas Waters

Dennis 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

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 section 8807 (MCL 324.8807), as added by 1998 PA 287, and by adding sections 3112d and 3115b.

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. 106, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 5303 (MCL 324.5303).

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.

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. 106, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 5303 (MCL 324.5303).

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

Roll Call No. 806 Yeas--105

Adamini Frank LaSata Rison

Allen Garza Lemmons Rivet

Anderson George Lipsey Rocca

Basham Gieleghem Lockwood Schauer

Bernero Gilbert Mans Scranton

Birkholz Godchaux McConico Shackleton

Bisbee Gosselin Mead Sheltrown

Bishop Hager Meyer Shulman

Bogardus 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 Toy

Cassis Jamnick Pappageorge Van Woerkom

Caul Jansen Patterson Vander Roest

Clark, I. Jelinek Pestka Vear

Clarke, H. Johnson, Rick Phillips Voorhees

Daniels Johnson, Ruth Plakas Waters

Dennis Julian Pumford Whitmer

DeRossett Koetje Quarles Williams

DeVuyst Kolb Raczkowski Wojno

DeWeese Kooiman Reeves Woodward

Drolet Kowall Richardville Woronchak

Ehardt Kuipers Richner 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 protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, and assessments; to provide certain appropriations; to prescribe penalties and provide remedies; to repeal certain parts of this act on a specific date; and to repeal certain acts and parts of acts,".

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.

Second Reading of Bills

Senate Bill No. 105, entitled

A bill to amend 1984 PA 431, entitled "The management and budget act," (MCL 18.1101 to 18.1594) by adding section 353f.

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

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.

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. 105, entitled

A bill to amend 1984 PA 431, entitled "The management and budget act," (MCL 18.1101 to 18.1594) by adding section 353f.

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

Roll Call No. 807 Yeas--104

Adamini Frank LaSata Rivet

Allen Garza Lemmons Rocca

Anderson George Lipsey Schauer

Basham Gieleghem Lockwood Scranton

Bernero Gilbert Mans Shackleton

Birkholz Godchaux McConico Sheltrown

Bisbee Gosselin Mead Shulman

Bishop Hager Meyer Spade

Bovin Hale Middaugh Stallworth

Bradstreet Hansen Minore Stamas

Brown, B. Hardman Mortimer Stewart

Brown, C. Hart Murphy Switalski

Brown, R. Howell Neumann Tabor

Callahan Hummel Newell Thomas

Cassis Jacobs O'Neil Toy

Caul Jamnick Pappageorge Van Woerkom

Clark, I. Jansen Patterson Vander Roest

Clarke, H. Jelinek Pestka Vear

Daniels Johnson, Rick Phillips Voorhees

Dennis Johnson, Ruth Plakas Waters

DeRossett Julian Pumford Whitmer

DeVuyst Koetje Raczkowski Williams

DeWeese Kolb Reeves Wojno

Drolet Kooiman Richardville Woodward

Ehardt Kowall Richner Woronchak

Faunce Kuipers Rison 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 prescribe the powers and duties of the department of management and budget; to define the authority and functions of its director and its organizational entities; to authorize the department to issue directives; to provide for the capital outlay program; to provide for the leasing, planning, constructing, maintaining, altering, renovating, demolishing, conveying of lands and facilities; to provide for centralized administrative services such as purchasing, payroll, record retention, data processing, and publishing and for access to certain services; to provide for a system of internal accounting and administrative control for certain principal departments; to provide for an internal auditor in certain principal departments; to provide for certain powers and duties of certain state officers and agencies; to codify, revise, consolidate, classify, and add to the powers, duties, and laws relative to budgeting, accounting, and the regulating of appropriations; to provide for the implementation of certain constitutional provisions; to create funds and accounts; to make appropriations; to prescribe remedies and penalties; to rescind certain executive reorganization orders; to prescribe penalties; and to repeal certain 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.

Second Reading of Bills

Senate Bill No. 541, entitled

A bill to amend 1945 PA 327, entitled "Aeronautics code of the state of Michigan," by amending sections 2, 3, 4, 5, 6, 7, 8, 9, 51, 83, 86, 87, 89, 133, 151, and 205 (MCL 259.2, 259.3, 259.4, 259.5, 259.6, 259.7, 259.8, 259.9, 259.51, 259.83, 259.86, 259.87, 259.89, 259.133, 259.151, and 259.205), sections 2, 3, 4, 5, 6, 7, 8, 51, 83, 86, and 133 as amended by 1996 PA 370, sections 9 and 151 as amended by 2000 PA 382, and section 89 as amended by 1998 PA 81, and by adding sections 80g, 80h, 83a, 83b, 87a, 89a, 205a, and 205b; and to repeal acts and parts of acts.

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

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 30, line 20, by striking out "February" and inserting "April".

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

Rep. Bradstreet moved to amend the bill as follows:

1. Amend page 8, line 13, after "AND" by striking out "IS TO BE USED BY" and inserting "ITS USE IS RESTRICTED TO".

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

Rep. Gosselin moved to amend the bill as follows:

1. Amend page 11, line 4, after "AERONAUTICS." by striking out the balance of the line through "GUESTS." on line 9.

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

Rep. Gosselin demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 808 Yeas--36

Allen Gieleghem Middaugh Sheltrown

Bernero Gosselin Mortimer Shulman

Bishop Jacobs Neumann Spade

Bradstreet Johnson, Ruth Patterson Stamas

Brown, B. Julian Pestka Tabor

Caul Kooiman Richardville Toy

Drolet Kowall Rocca Vander Roest

Faunce Mans Schauer Vear

Frank Mead Shackleton Voorhees

Nays--57

Adamini DeWeese Jelinek Plakas

Anderson Ehardt Johnson, Rick Pumford

Basham George Koetje Reeves

Bisbee Gilbert Kolb Richner

Bovin Godchaux Kuipers Rivet

Brown, C. Hager LaSata Scranton

Brown, R. Hale Lipsey Stewart

Callahan Hansen Lockwood Switalski

Cassis Hardman McConico Van Woerkom

Clark, I. Hart Murphy Waters

Clarke, H. Howell Newell Whitmer

Daniels Hummel O'Neil Williams

Dennis Jamnick Pappageorge Wojno

DeRossett Jansen Phillips Zelenko

DeVuyst

In The Chair: Ehardt

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

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

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.

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

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

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

The motion prevailed.

Senate Bill No. 563, entitled

A bill to amend 1951 PA 51, entitled "An act to provide for the classification of all public roads, streets, and highways in this state, and for the revision of that classification and for additions to and deletions from each classification; to set up and establish the Michigan transportation fund; to provide for the deposits in the Michigan transportation fund of specific taxes on motor vehicles and motor vehicle fuels; to provide for the allocation of funds from the Michigan transportation fund and the use and administration of the fund for transportation purposes; to set up and establish the truck safety fund; to provide for the allocation of funds from the truck safety fund and administration of the fund for truck safety purposes; to set up and establish the Michigan truck safety commission; to establish certain standards for road contracts for certain businesses; to provide for the continuing review of transportation needs within the state; to authorize the state transportation commission, counties, cities, and villages to borrow money, issue bonds, and make pledges of funds for transportation purposes; to authorize counties to advance funds for the payment of deficiencies necessary for the payment of bonds issued under this act; to provide for the limitations, payment, retirement, and security of the bonds and pledges; to provide for appropriations and tax levies by counties and townships for county roads; to authorize contributions by townships for county roads; to provide for the establishment and administration of the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds; to provide for the deposits in the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds of money raised by specific taxes and fees; to provide for definitions of public transportation functions and criteria; to define the purposes for which Michigan transportation funds may be allocated; to provide for Michigan transportation fund grants; to provide for review and approval of transportation programs; to provide for submission of annual legislative requests and reports; to provide for the establishment and functions of certain advisory entities; to provide for conditions for grants; to provide for the issuance of bonds and notes for transportation purposes; to provide for the powers and duties of certain state and local agencies and officials; to provide for the making of loans for transportation purposes by the state transportation department and for the receipt and repayment by local units and agencies of those loans from certain specified sources; and to repeal acts and parts of acts," (MCL 247.651 to 247.675) by adding section 1i.

Was read a second time, and the question being on the adoption of the proposed amendment previously recommended by the Committee on Transportation (for amendment, see House Journal No. 86, p. 2623),

The amendment 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.

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 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. 4675, entitled

A bill to amend 1992 PA 234, entitled "The judges retirement act of 1992," (MCL 38.2101 to 38.2670) by adding section 512.

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

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

Rep. Allen 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.

______

Rep. Rivet moved that Rep. Sheltrown 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. 4675, entitled

A bill to amend 1992 PA 234, entitled "The judges retirement act of 1992," (MCL 38.2101 to 38.2670) by adding section 512.

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

Roll Call No. 809 Yeas--98

Adamini Garza LaSata Richner

Allen George Lemmons Rison

Anderson Gieleghem Lipsey Rivet

Basham Gilbert Lockwood Schauer

Bernero Godchaux Mans Shackleton

Birkholz Gosselin McConico Shulman

Bisbee Hager Mead Spade

Bishop Hale Meyer Stallworth

Bogardus Hansen Middaugh Stamas

Bovin Hardman Minore Stewart

Bradstreet Hart Mortimer Switalski

Brown, B. Howell Murphy Tabor

Brown, C. Hummel Neumann Thomas

Brown, R. Jacobs Newell Toy

Callahan Jamnick O'Neil Van Woerkom

Cassis Jansen Pappageorge Vander Roest

Caul Jelinek Patterson Vear

Clark, I. Johnson, Rick Pestka Voorhees

Clarke, H. Johnson, Ruth Phillips Waters

Daniels Julian Plakas Whitmer

Dennis Koetje Pumford Williams

DeRossett Kolb Raczkowski Woodward

DeVuyst Kooiman Reeves Woronchak

DeWeese Kowall Richardville Zelenko

Ehardt Kuipers

Nays--4

Drolet Frank Rocca Wojno

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.

Reps. Adamini, Basham, Birkholz, Bisbee, Bishop, Rich Brown, Callahan, DeWeese, Ehardt, George, Hardman, Jelinek, Julian, Kolb, Kooiman, LaSata, Mead, Middaugh, Pappageorge, Patterson, Phillips, Pumford, Richardville, Schauer, Stamas, Stewart, Toy and Vander Roest were named co-sponsors of the bill.

______

Rep. Faunce, under Rule 32(b), made the following statement:

"Mr. Speaker and members of the House:

I did not vote on Roll Call No. 809 because of a possible conflict of interest."

Second Reading of Bills

Senate Bill No. 781, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 5656, 5657, 5658, 5659, and 5660 (MCL 333.5656, 333.5657, 333.5658, 333.5659, and 333.5660), as added by 1996 PA 594.

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

The substitute (H-1) was 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.

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. 781, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 5656, 5657, 5658, 5659, and 5660 (MCL 333.5656, 333.5657, 333.5658, 333.5659, and 333.5660), as added by 1996 PA 594.

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

Roll Call No. 810 Yeas--104

Adamini Faunce Kuipers Rison

Allen Frank LaSata Rivet

Anderson Garza Lemmons Rocca

Basham George Lipsey Schauer

Bernero Gieleghem Lockwood Scranton

Birkholz Gilbert Mans Shackleton

Bisbee Godchaux McConico Shulman

Bishop Gosselin Mead Spade

Bogardus Hager Meyer Stallworth

Bovin Hale Middaugh Stamas

Bradstreet Hansen Mortimer Stewart

Brown, B. Hardman Murphy Switalski

Brown, C. Hart Neumann Tabor

Brown, R. Howell Newell Thomas

Callahan Hummel O'Neil Toy

Cassis Jacobs Pappageorge Van Woerkom

Caul Jamnick Patterson Vander Roest

Clark, I. Jansen Pestka Vear

Clarke, H. Jelinek Phillips Voorhees

Daniels Johnson, Rick Plakas Waters

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

The House agreed to the full title.

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

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

Second Reading of Bills

House Bill No. 5134, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 667a (MCL 257.667a), as added by 2000 PA 367.

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

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

Reps. Scranton and Ruth Johnson moved to amend the bill as follows:

1. Amend page 4, line 10, after "city," by inserting "A".

2. Amend page 4, line 10, after "VILLAGE," by striking out "OR" and inserting "A COUNTY WITH A POPULATION OF 150,000 OR MORE, OR A".

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

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

The motion prevailed.

Rep. Richardville 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.

Rep. Ruth Johnson moved to amend the bill as follows:

1. Amend page 4, line 14, after "days." by inserting "A DIAGNOSTIC REVIEW IS NOT MANDATED IF THE INITIAL INVESTIGATION OF AN ACCIDENT SHOWS THE ALCOHOL, DRUGS, OR SIGNS OF A SUICIDE ATTEMPT WERE A PART OF THE ACCIDENT.".

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

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

The motion prevailed.

House Bill No. 5295, entitled

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

The bill was read a second time.

Rep. DeRossett 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.

______

Rep. Rich Brown moved that Rep. Adamini 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. 5295, entitled

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

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

Roll Call No. 811 Yeas--103

Allen Frank Lemmons Rivet

Anderson George Lipsey Rocca

Basham Gieleghem Lockwood Schauer

Bernero Gilbert Mans Scranton

Birkholz Godchaux McConico Shackleton

Bisbee Gosselin Mead Shulman

Bishop Hager Meyer Spade

Bogardus Hale Middaugh Stallworth

Bovin Hansen Minore Stamas

Bradstreet Hardman Mortimer Stewart

Brown, B. Hart Murphy Switalski

Brown, C. Howell Neumann Tabor

Brown, R. Hummel Newell Thomas

Callahan Jacobs O'Neil Toy

Cassis Jamnick Pappageorge Van Woerkom

Caul Jansen Patterson Vander Roest

Clark, I. Jelinek Pestka Vear

Clarke, H. Johnson, Rick Phillips Voorhees

Daniels Johnson, Ruth Plakas Waters

Dennis Julian Pumford Whitmer

DeRossett Koetje Quarles Williams

DeVuyst Kolb Raczkowski Wojno

DeWeese Kooiman Reeves Woodward

Drolet Kowall Richardville Woronchak

Ehardt Kuipers Richner Zelenko

Faunce LaSata Rison

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.

Reps. Basham, Caul, Faunce, George, Howell, Ruth Johnson, Julian, Kuipers, Mead, Pappageorge, Richardville, Shackleton, Stamas, Stewart and Toy were named co-sponsors of the bill.

______

Associate Speaker Pro Tempore Julian assumed the Chair.

Second Reading of Bills

House Bill No. 4334, entitled

A bill to amend 1943 PA 240, entitled "State employees' retirement act," by amending section 27 (MCL 38.27), as amended by 1987 PA 241.

The bill was read a second time.

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

The motion prevailed.

House Bill No. 5396, 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 Transportation,

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

Rep. Patterson moved to amend the bill as follows:

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

"(E) "COUNTY ROAD COMMISSION" MEANS THE BOARD OF COUNTY ROAD COMMISSIONERS ELECTED OR APPOINTED PURSUANT TO SECTION 6 OF CHAPTER IV OF 1909 PA 283, MCL 224.6, OR, IN THE CASE OF A CHARTER COUNTY WITH A POPULATION OF 2,000,000 OR MORE WITH AN ELECTED COUNTY EXECUTIVE THAT DOES NOT HAVE A BOARD OF COUNTY ROAD COMMISSIONERS, THE COUNTY EXECUTIVE FOR MINISTERIAL FUNCTIONS AND THE COUNTY COMMISSION PROVIDED FOR IN SECTION 14(1)(D) OF 1966 PA 293, MCL 45.514, FOR LEGISLATIVE FUNCTIONS." and relettering the remaining subdivisions.

The motion prevailed and the amendment 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. 5383, 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 Transportation,

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

Rep. Patterson moved to amend the bill as follows:

1. Amend page 9, following line 18, by inserting:

"(Q) "COUNTY ROAD COMMISSION" MEANS THE BOARD OF COUNTY ROAD COMMISSIONERS ELECTED OR APPOINTED PURSUANT TO SECTION 6 OF CHAPTER IV OF 1909 PA 283, MCL 224.6, OR, IN THE CASE OF A CHARTER COUNTY WITH A POPULATION OF 2,000,000 OR MORE WITH AN ELECTED COUNTY EXECUTIVE THAT DOES NOT HAVE A BOARD OF COUNTY ROAD COMMISSIONERS, THE COUNTY EXECUTIVE FOR MINISTERIAL FUNCTIONS AND THE COUNTY COMMISSION PROVIDED FOR IN SECTION 14(1)(D) OF 1966 PA 293, MCL 45.514, FOR LEGISLATIVE FUNCTIONS." .

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

Reps. George and Gilbert moved to amend the bill as follows:

1. Amend page 7, line 4, after "(ii)" by striking out "PREVENTIVE MAINTENANCE" and inserting "CAPITAL PREVENTIVE TREATMENTS".

2. Amend page 7, line 15, after "INCLUDE" by striking out "PREVENTIVE MAINTENANCE" and inserting "CAPITAL PREVENTIVE TREATMENTS".

3. Amend page 8, line 19, after "(P)" by striking out " "PREVENTIVE MAINTENANCE" " and inserting
" "CAPITAL PREVENTIVE TREATMENTS" ".

4. Amend page 13, line 2, after "AND" by striking out " "PREVENTIVE MAINTENANCE" " and inserting
" "CAPITAL PREVENTIVE TREATMENTS" ".

5. Amend page 13, line 5, after "MAINTENANCE" by striking out "PREVENTIVE MAINTENANCE" and inserting "CAPITAL PREVENTIVE TREATMENTS".

6. Amend page 13, line 6, after "AND" by striking out "PREVENTIVE MAINTENANCE" and inserting "CAPITAL PREVENTIVE TREATMENTS".

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

Rep. Anderson moved to amend the bill as follows:

1. Amend page 6, line 24, after "OF" by striking out "MORE THAN".

2. Amend page 6, line 25, after "WIDTH" by inserting "OR MORE".

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

Reps. Anderson and Stallworth moved to amend the bill as follows:

1. Amend page 13, line 6, after "TREATMENTS." by inserting "A GOVERNMENTAL UNIT THAT CURRENTLY PERFORMS THE FOLLOWING MAINTENANCE SERVICES ON LOCAL, COUNTY, AND STATE ROADS SHALL NOT BE PRECLUDED FROM PERFORMING THOSE SERVICES BASED ON THE DEFINITION DEFINED IN SECTION 10C(P):

(i) PAVEMENT CRACK SEALING.

(ii) MICRO SURFACING.

(iii) CHIP SEALING.

(iv) CONCRETE JOINT REPAIR.

(v) FILLING SHALLOW PAVEMENT CRACKS.

(vi) PATCHING CONCRETE.

(vii) RESTORATION OF DRAINAGE.

(viii) BRIDGE CRACK SEALING.

(ix) BRIDGE JOINT REPAIR.".

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

Rep. Phillips moved to amend the bill as follows:

1. Amend page 41, line 21, by striking out all of section 12c.

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

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

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

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

Rep. Phillips demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 812 Yeas--79

Adamini Frank Lockwood Rivet

Allen Garza Mans Rocca

Anderson Gieleghem McConico Schauer

Basham Gilbert Mead Shackleton

Bernero Godchaux Middaugh Spade

Birkholz Hager Minore Stallworth

Bisbee Hale Mortimer Stamas

Bogardus Hansen Murphy Stewart

Bovin Hardman Neumann Switalski

Brown, B. Hart Newell Thomas

Brown, R. Jacobs O'Neil Toy

Callahan Jamnick Pappageorge Van Woerkom

Caul Jansen Pestka Waters

Clark, I. Jelinek Phillips Whitmer

Clarke, H. Johnson, Rick Plakas Williams

Daniels Julian Pumford Wojno

Dennis Kolb Quarles Woodward

DeRossett LaSata Reeves Woronchak

DeWeese Lemmons Richardville Zelenko

Faunce Lipsey Richner

Nays--24

Bishop Ehardt Koetje Raczkowski

Bradstreet George Kooiman Shulman

Brown, C. Gosselin Kowall Tabor

Cassis Howell Kuipers Vander Roest

DeVuyst Hummel Meyer Vear

Drolet Johnson, Ruth Patterson Voorhees

In The Chair: Julian

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

The motion prevailed.

______

Associate Speaker Pro Tempore Ehardt resumed the Chair.

House Bill No. 4564, entitled

A bill to create the pregnant and parenting student services fund; to provide grants to encourage certain institutions of higher education to establish and operate a pregnant and parenting student services office for pregnant and parenting students attending the institution; to prescribe the powers and duties of a pregnant and parenting student services office; and to prescribe the powers and duties of certain state departments.

Was read a second time, and the question being on the adoption of the proposed amendment previously recommended by the Committee on Family and Children Services (for amendment, see House Journal No. 35, p. 521),

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

Rep. Rison moved to amend the bill as follows:

1. Amend page 3, line 21, after "pregnant" by striking out "and parenting students" and inserting "students and students who are the custodial parent or legal guardian of a minor".

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

Reps. Zelenko and Clark moved to amend the bill as follows:

1. Amend page 4, line 7, after "referrals" by striking out the balance of the subdivision and inserting "on prenatal care and delivery, infant or foster care or adoption, and family planning to individual students who request that information by referring them to the health services department of the school.".

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

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

The motion prevailed.

Senate Bill No. 516, entitled

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

The bill was read a second time.

Rep. Cassis moved to amend the bill as follows:

1. Amend page 2, line 3, after "ON" by inserting "LOW-GRADE".

The motion prevailed and the amendment 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. 4009, entitled

A bill to amend 1855 PA 105, entitled "An act to regulate the disposition of the surplus funds in the state treasury; to provide for the deposit of surplus funds in certain financial institutions; to lend surplus funds pursuant to loan agreements secured by certain commercial, agricultural, or industrial real and personal property; to authorize the loan of surplus funds to certain municipalities; to authorize the participation in certain loan programs; to authorize an appropriation; and to prescribe the duties of certain state agencies," by amending section 2a (MCL 21.142a), as amended by 1987 PA 27.

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

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

Rep. Jelinek moved to amend the bill as follows:

1. Amend page 1, line 3, by striking out "other instruments of a financial institution qualified" and inserting "IN A FINANCIAL INSTITUTION WHICH QUALIFIES WITH PROOF OF FINANCIAL VIABILITY ACCEPTABLE TO THE STATE TREASURER".

2. Amend page 4, line 23, after the second "THAN" by striking out "65%" and inserting "100%".

3. Amend page 4, line 24, after "AND" by striking out the balance of the sentence and inserting "REDUCED BY CROP INSURANCE INDEMNITY PAYMENTS.".

4. Amend page 6, line 3, after "1," by striking out "2007" and inserting "2002".

5. Amend page 10, line 21, after "(c)" by striking out "$150,000.00" and inserting "$400,000.00".

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

Rep. Jelinek 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

Rep. Richardville moved that Rule 49 be suspended.

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

House Bill No. 4009, 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. 813 Yeas--102

Adamini Frank Lemmons Rison

Allen Garza Lipsey Rivet

Anderson George Lockwood Rocca

Basham Gieleghem Mans Schauer

Bernero Gilbert McConico Shackleton

Birkholz Godchaux 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 Thomas

Brown, R. Jacobs O'Neil Toy

Callahan Jamnick Pappageorge Van Woerkom

Cassis Jansen Patterson Vander Roest

Caul Jelinek Pestka Vear

Clark, I. Johnson, Rick Phillips Voorhees

Clarke, H. Johnson, Ruth Plakas Waters

Daniels Julian Pumford Whitmer

Dennis Koetje Quarles Williams

DeRossett Kolb Raczkowski Wojno

DeVuyst Kooiman Reeves Woodward

DeWeese Kowall Richardville Woronchak

Ehardt Kuipers Richner Zelenko

Faunce LaSata

Nays--1

Drolet

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.

Reps. Anderson, Basham, Birkholz, Bovin, Cameron Brown, Rich Brown, Cassis, Clarke, Daniels, DeRossett, DeVuyst, Ehardt, Frank, George, Hager, Hardman, Howell, Hummel, Jansen, Julian, Kolb, Kowall, Kuipers, LaSata, Lemmons, Lipsey, Mans, McConico, Mead, Meyer, Middaugh, Mortimer, Newell, Patterson, Phillips, Reeves, Richardville, Rivet, Rocca, Schauer, Shackleton, Shulman, Spade, Stallworth, Stamas, Stewart, Tabor, Toy, Vander Roest, Van Woerkom, Voorhees, Williams and Wojno were named co-sponsors of the bill.

By unanimous consent the House returned to the order of

Messages from the Senate

House Bill No. 5148, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 310 (MCL 257.310), as amended by 1998 PA 226.

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

The House agreed to the full title.

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

House Bill No. 5255, entitled

A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding section 21534.

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

The House agreed to the full title.

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

House Bill No. 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, 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 Senate has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

The House agreed to the full title.

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

House Bill No. 5258, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 5652, 5653, 5654, and 5655 (MCL 333.5652, 333.5653, 333.5654, and 333.5655), sections 5652 and 5655 as added by 1996 PA 594 and sections 5653 and 5654 as amended by 2000 PA 58.

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

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

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

House Bill No. 5259, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending section 20201 (MCL 333.20201), as amended by 1998 PA 88.

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

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

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

House Bill No. 5260, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 7333, 7401, 7403, 7407, 7521, 16204b, 16204c, and 16204d (MCL 333.7333, 333.7401, 333.7403, 333.7407, 333.7521, 333.16204b, 333.16204c, and 333.16204d), section 7333 as amended by 1993 PA 138, sections 7401 and 7403 as amended by 2000 PA 314, section 7407 as amended by 1993 PA 80, section 7521 as amended by 2000 PA 302, section 16204b as added by 1998 PA 422, and sections 16204c and 16204d as added by 1998 PA 423, and by adding section 7333a; and to repeal acts and parts of acts.

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

The Senate has passed the bill as substituted (S-2), ordered that it be given immediate effect and amended the title to read as follows:

A bill to amend 1978 PA 368, entitled "An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates," by amending section 7333 (MCL 333.7333), as amended by 1993 PA 138, and by adding section 7333a; and to repeal acts and parts of acts.

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

House Bill No. 5261, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending section 16315 (MCL 333.16315), as added by 1993 PA 138.

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

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

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

House Bill No. 5262, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 7104, 7107, and 7109 (MCL 333.7104, 333.7107, and 333.7109), section 7104 as amended by 1994 PA 38 and sections 7107 and 7109 as amended by 1993 PA 80.

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

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

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

House Bill No. 5263, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending section 16204a (MCL 333.16204a), as amended by 1998 PA 421.

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

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

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

Senate Bill No. 358, entitled

A bill to amend 1937 PA 306, entitled "An act to promote the safety, welfare and educational interests of the people of the state of Michigan by regulating the construction, reconstruction and remodeling of certain public or private school buildings or additions thereto, by regulating the construction, reconstruction and remodeling of buildings leased or acquired for school purposes, and to define the class of buildings affected by this act; to prescribe the powers and duties of the superintendent of public instruction, the state fire marshal, architects, engineers and school board members with respect thereto; to prescribe penalties for the violation of this act; and to repeal all acts and parts of acts, general, local and special, inconsistent with or contrary to the provisions of this act," by amending the title and section 1 (MCL 388.851) and by adding section 1b.

The Senate has passed the bill.

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

Senate Bill No. 670, entitled

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

Rep. Stamas introduced

House Bill No. 5493, entitled

A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 53b (MCL 211.53b), as amended by 2000 PA 284.

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

Rep. Gilbert introduced

House Bill No. 5494, entitled

A bill to amend 1933 PA 254, entitled "The motor carrier act," by amending the title and sections 1, 2, and 3 of article I, sections 1, 3, 4, 5, 6, 7, 7a, 7c, 9, 10, 11, 13, and 14 of article II, sections 2 and 6 of article IV, and sections 10, 10a, and 14 of article V (MCL 475.1, 475.2, 475.3, 476.1, 476.3, 476.4, 476.5, 476.6, 476.7, 476.7a, 476.7c, 476.9, 476.10, 476.11, 476.13, 476.14, 478.2, 478.6, 479.10, 479.10a, and 479.14), the title and sections 1, 4, 6, 9, 10, 11, 13, and 14 of article II and section 10 of article V as amended by 1982 PA 399 and sections 1, 2, and 3 of article I, sections 3, 5, 7, and 7a of article II, section 2 of article IV, and sections 10a and 14 of article V as amended and section 7c of article II as added by 1993 PA 352; and to repeal acts and parts of acts.

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

Reps. Howell, Koetje, Toy, Julian, Bishop, Caul, Mead, Gosselin, Gilbert, Faunce, Meyer, Van Woerkom, Birkholz, Hummel, Newell, Voorhees, Tabor, Middaugh, Ruth Johnson, Schauer, Ehardt, Neumann, George, Shackleton, McConico, Lockwood, Bisbee, Kowall, Jelinek, Rocca, Bernero, Allen, Sheltrown, DeVuyst, Callahan, Hager, Rivet, Pumford, Zelenko, Lipsey, Phillips, Frank, Jacobs, Basham, Richardville, Kuipers, Pappageorge, Shulman, Whitmer and Cassis introduced

House Bill No. 5495, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," (MCL 750.1 to 750.568) by adding chapter LXXXIII-A.

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

Reps. Newell, Koetje, Julian, Bishop, Caul, Gosselin, Faunce, Meyer, Mead, Toy, Van Woerkom, Gilbert, Drolet, Hummel, Birkholz, Voorhees, Tabor, Middaugh, Ruth Johnson, Ehardt, Jelinek, Phillips, Bisbee, Shackleton, Richardville, Lockwood, Rocca, Neumann, Bernero, DeVuyst, Schauer, Callahan, Kowall, Pumford, Frank, Jacobs, Allen, Pestka, Basham, Sheltrown, Hager, Shulman, Kuipers, Raczkowski, Zelenko, Lipsey, George, Pappageorge, Whitmer, McConico and Cassis introduced

House Bill No. 5496, entitled

A bill to amend 1976 PA 390, entitled "Emergency management act," by amending sections 3, 7, 7a, 8, 9, 10, and 11 (MCL 30.403, 30.407, 30.407a, 30.408, 30.409, 30.410, and 30.411), sections 3, 7, 8, 9, 10, and 11 as amended and section 7a as added by 1990 PA 50, and by adding section 21; and to repeal acts and parts of acts.

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

Reps. Hager, Koetje, Toy, Julian, Bishop, Caul, Gosselin, Faunce, Meyer, Mead, Van Woerkom, Gilbert, Hummel, Newell, Birkholz, Voorhees, Tabor, Middaugh, Ruth Johnson, Ehardt, Jelinek, Rocca, George, Bisbee, Richardville, Lockwood, Neumann, Bernero, DeVuyst, Schauer, Callahan, Kowall, Pumford, Frank, Jacobs, Allen, Pestka, Basham, Sheltrown, Rivet, Shulman, Kuipers, Zelenko, Phillips, Shackleton, Raczkowski, Pappageorge, McConico, Whitmer and Cassis introduced

House Bill No. 5497, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 51a, 209, 303, and 314 (MCL 257.51a, 257.209, 257.303, and 257.314), section 303 as amended by 2001 PA 159 and section 314 as amended by 2000 PA 173.

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

Reps. Williams, Koetje, Toy, Julian, Bishop, Caul, Gosselin, Faunce, Meyer, Mead, Van Woerkom, Gilbert, Newell, Birkholz, Voorhees, Tabor, Middaugh, Ruth Johnson, Ehardt, Jelinek, Rocca, Neumann, George, Richardville, Lockwood, Bernero, Sheltrown, DeVuyst, Schauer, Callahan, Kowall, Pumford, Frank, Jacobs, Allen, Pestka, Basham, Hager, Shulman, Kuipers, Shackleton, Zelenko, Phillips, Raczkowski, Bisbee, Lipsey, Pappageorge, McConico, Whitmer and Cassis introduced

House Bill No. 5498, 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 sections 1, 1a, and 2 (MCL 28.291, 28.291a, and 28.292), section 1 as amended and section 1a as added by 1997 PA 99 and section 2 as amended by 1999 PA 89.

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

Reps. Pestka, Koetje, Toy, Julian, Bishop, Caul, Gosselin, Faunce, Meyer, Mead, Van Woerkom, Gilbert, Woronchak, Newell, Birkholz, Drolet, Voorhees, Tabor, Middaugh, Ruth Johnson, Ehardt, Jelinek, McConico, Richardville, Lockwood, Rocca, Neumann, Bernero, Sheltrown, DeVuyst, Schauer, Callahan, Kowall, Pumford, Frank, Jacobs, Allen, Basham, Hager, Shulman, Kuipers, Shackleton, Zelenko, Phillips, Raczkowski, Bisbee, Lipsey, George, Pappageorge, Whitmer and Cassis introduced

House Bill No. 5499, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 16t of chapter XVII (MCL 777.16t), as amended by 2000 PA 371.

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

Reps. Plakas, Koetje, Toy, Julian, Bishop, Caul, Gosselin, Gilbert, Faunce, Meyer, Mead, Van Woerkom, Woronchak, Drolet, Hummel, Newell, Birkholz, Voorhees, Tabor, Middaugh, Ruth Johnson, Schauer, Kuipers, McConico, Richardville, Lockwood, Ehardt, Jelinek, Rocca, Neumann, Bernero, Sheltrown, DeVuyst, Callahan, Hager, Kowall, Pumford, Zelenko, Frank, Jacobs, Allen, Pestka, Basham, Shulman, Shackleton, Raczkowski, Phillips, Bisbee, George, Lipsey, Whitmer, Cassis and Pappageorge introduced

House Bill No. 5500, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 1f of chapter IX (MCL 769.1f), as amended by 2000 PA 372.

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

Reps. Richardville, Koetje, Toy, Julian, Bishop, Caul, Gosselin, Gilbert, Faunce, Meyer, Mead, Van Woerkom, Woronchak, Hummel, Birkholz, Newell, Voorhees, Tabor, Middaugh, Ruth Johnson, Schauer, Ehardt, George, Kowall, Jelinek, Rocca, Neumann, Bernero, Allen, Sheltrown, Callahan, Hager, Pumford, Zelenko, Lockwood, Phillips, Frank, Jacobs, Pestka, Basham, Kuipers, Shackleton, Bisbee, Lipsey, Pappageorge, Shulman, Whitmer, McConico and Cassis introduced

House Bill No. 5501, entitled

A bill to amend 1967 PA 150, entitled "Michigan military act," by amending sections 105, 179, and 310 (MCL 32.505, 32.579, and 32.710), sections 105 and 179 as amended by 1998 PA 212 and section 310 as amended by 1990 PA 301, and by adding section 372a.

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

Reps. Vander Veen, Lockwood, Julian, Caul, Gosselin, Gilbert, Faunce, Meyer, Mead, Van Woerkom, Woronchak, Hummel, Birkholz, Newell, Voorhees, Tabor, Middaugh, Ruth Johnson, Schauer, Ehardt, Rocca, Neumann, George, Kowall, Jelinek, Bernero, Allen, Sheltrown, DeVuyst, Callahan, Hager, Pumford, Zelenko, Phillips, Frank, Jacobs, Pestka, Basham, Kuipers, Shulman, Shackleton, Bisbee, Richardville, Lipsey, Pappageorge, McConico, Whitmer and Cassis introduced

House Bill No. 5502, entitled

A bill to amend 1955 PA 133, entitled "An act to provide for the granting of military leaves and providing
re-employment protection for officers and enlisted men of the military or naval forces of the state or of the United States," by amending section 3 (MCL 32.273).

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

Reps. Patterson, Koetje, Toy, Julian, Bishop, Caul, Gosselin, Gilbert, Faunce, Meyer, Mead, Van Woerkom, Woronchak, Hummel, Birkholz, Newell, Voorhees, Tabor, Middaugh, Ruth Johnson, Schauer, Ehardt, Shackleton, Lockwood, Kowall, Jelinek, Rocca, Neumann, Bernero, Allen, Sheltrown, DeVuyst, Callahan, Hager, Pumford, Zelenko, Lipsey, Phillips, Frank, Jacobs, Pestka, Basham, Richardville, Kuipers, Bisbee, Shulman, George, Whitmer, McConico, Cassis and Pappageorge introduced

House Bill No. 5503, entitled

A bill to amend 1945 PA 327, entitled "Aeronautics code of the state of Michigan," by amending section 85 (MCL 259.85), as amended by 1996 PA 370, and by adding section 85a.

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

Reps. Rich Brown, Koetje, Toy, Julian, Bishop, Caul, Gosselin, Gilbert, Faunce, Meyer, Mead, Van Woerkom, Woronchak, Hummel, Birkholz, Newell, Voorhees, Tabor, Middaugh, Ruth Johnson, Schauer, Ehardt, George, Lockwood, Kowall, Jelinek, Rocca, Neumann, Bernero, Sheltrown, DeVuyst, Callahan, Hager, Pumford, Zelenko, Lipsey, Phillips, Frank, Jacobs, Pestka, Basham, Shackleton, Richardville, Bisbee, Pappageorge, McConico and Whitmer introduced

House Bill No. 5504, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 312f (MCL 257.312f), as amended by 1992 PA 180, and by adding section 312g.

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

Reps. Cassis, Koetje, Toy, Julian, Bishop, Caul, Gosselin, Gilbert, Faunce, Meyer, Mead, Van Woerkom, Woronchak, Hummel, Birkholz, Newell, Drolet, Voorhees, Tabor, Middaugh, Ruth Johnson, Schauer, Bisbee, George, Shackleton, Shulman, Lockwood, Ehardt, Kowall, Jelinek, Rocca, Neumann, Bernero, Allen, Sheltrown, DeVuyst, Callahan, Hager, Pumford, Zelenko, Lipsey, Phillips, Pestka, Jacobs, Basham, Richardville, Kuipers, Pappageorge, McConico and Whitmer introduced

House Bill No. 5505, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 19f of chapter VII (MCL 767.19f).

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

Reps. Phillips, Koetje, Toy, Julian, Bishop, Caul, Mead, Gosselin, Gilbert, Faunce, Meyer, Woronchak, Hummel, Birkholz, Newell, Drolet, Voorhees, Tabor, Middaugh, Ruth Johnson, Schauer, George, Bisbee, Shackleton, Shulman, McConico, Lockwood, Ehardt, Kowall, Jelinek, Rocca, Neumann, Bernero, Allen, Sheltrown, DeVuyst, Callahan, Hager, Pumford, Zelenko, Lipsey, Frank, Pestka, Jacobs, Basham, Richardville, Kuipers, Pappageorge, Whitmer and Cassis introduced

House Bill No. 5506, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 204a (MCL 750.204a), as amended by 1998 PA 208.

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

Reps. Woronchak, Koetje, Toy, Julian, Bishop, Caul, Mead, Gosselin, Gilbert, Faunce, Meyer, Van Woerkom, Birkholz, Hummel, Newell, Drolet, Voorhees, Tabor, Middaugh, Ruth Johnson, Schauer, Neumann, George, Shackleton, Lockwood, Ehardt, Kowall, Jelinek, Rocca, Bernero, Allen, Sheltrown, DeVuyst, Callahan, Hager, Pumford, Zelenko, Lipsey, Phillips, Frank, Jacobs, Basham, Kuipers, Richardville, Bisbee, Pappageorge, McConico, Shulman, Whitmer and Cassis introduced

House Bill No. 5507, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 436 (MCL 750.436), as amended by 1988 PA 87.

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

Reps. Frank, Koetje, Toy, Julian, Bishop, Caul, Mead, Gosselin, Gilbert, Faunce, Meyer, Van Woerkom, Woronchak, Birkholz, Hummel, Newell, Voorhees, Tabor, Middaugh, Ruth Johnson, Schauer, Ehardt, George, Shackleton, Lockwood, Kowall, Jelinek, Rocca, Neumann, Bernero, Allen, Sheltrown, DeVuyst, Callahan, Hager, Pumford, Zelenko, Lipsey, Phillips, Jacobs, Basham, Kuipers, Richardville, Bisbee, Pappageorge, McConico, Whitmer, Cassis and Shulman introduced

House Bill No. 5508, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 159g (MCL 750.159g), as amended by 1997 PA 75.

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

Reps. Quarles, Koetje, Toy, Julian, Bishop, Caul, Mead, Gosselin, Gilbert, Faunce, Meyer, Van Woerkom, Woronchak, Birkholz, Hummel, Newell, Voorhees, Tabor, Middaugh, Ruth Johnson, Schauer, Ehardt, George, Shackleton, McConico, Lockwood, Bisbee, Kowall, Jelinek, Rocca, Neumann, Bernero, Allen, Sheltrown, DeVuyst, Callahan, Hager, Rivet, Pumford, Zelenko, Lipsey, Phillips, Frank, Jacobs, Basham, Richardville, Kuipers, Pappageorge, Whitmer, Shulman and Cassis introduced

House Bill No. 5509, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 411j (MCL 750.411j), as amended by 1997 PA 75.

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

Reps. Hummel, Koetje, Toy, Julian, Bishop, Caul, Mead, Gosselin, Gilbert, Faunce, Meyer, Van Woerkom, Woronchak, Birkholz, Newell, Voorhees, Drolet, Tabor, Middaugh, Ruth Johnson, Schauer, Ehardt, George, Shackleton, McConico, Lockwood, Bisbee, Kowall, Jelinek, Rocca, Neumann, Bernero, Allen, Sheltrown, DeVuyst, Callahan, Hager, Rivet, Pumford, Zelenko, Lipsey, Phillips, Frank, Jacobs, Basham, Richardville, Kuipers, Pappageorge, Shulman, Whitmer and Cassis introduced

House Bill No. 5510, entitled

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

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

Reps. Toy, Koetje, Ehardt, Julian, Bishop, Caul, Mead, Gosselin, Gilbert, Faunce, Meyer, Van Woerkom, Woronchak, Birkholz, Hummel, Newell, Voorhees, Drolet, Tabor, Middaugh, Ruth Johnson, Schauer, George, Bisbee, Shackleton, McConico, Lockwood, Kowall, Jelinek, Rocca, Neumann, Bernero, Allen, Sheltrown, DeVuyst, Callahan, Hager, Rivet, Pumford, Zelenko, Lipsey, Phillips, Frank, Jacobs, Basham, Richardville, Kuipers, Pappageorge, Shulman, Whitmer and Cassis introduced

House Bill No. 5511, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 212a (MCL 750.212a), as added by 1998 PA 207.

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

Reps. Jacobs, Koetje, Toy, Julian, Bishop, Caul, Van Woerkom, Mead, Gosselin, Gilbert, Faunce, Meyer, Woronchak, Hummel, Drolet, Birkholz, Newell, Tabor, Voorhees, Neumann, Middaugh, Ruth Johnson, George, Bisbee, Shackleton, Richardville, Lockwood, Schauer, Ehardt, Kowall, Pumford, Jelinek, Rocca, Bernero, Pestka, Basham, Sheltrown, Pappageorge, DeVuyst, Callahan, Hager, Rivet, Shulman, Kuipers, Zelenko, Lipsey, Raczkowski, Phillips, Frank, McConico, Whitmer and Cassis introduced

House Bill No. 5512, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," (MCL 750.1 to 750.568) by adding section 543h.

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

Reps. LaSata, Koetje, Toy, Julian, Bishop, Caul, Van Woerkom, Mead, Gosselin, Gilbert, Faunce, Meyer, Woronchak, Hummel, Birkholz, Tabor, Newell, Voorhees, Neumann, Middaugh, Ruth Johnson, Schauer, George, Bisbee, Shackleton, Richardville, Ehardt, Kowall, Pumford, Jelinek, Rocca, Bernero, Allen, Pestka, Basham, Sheltrown, DeVuyst, Callahan, Hager, Shulman, Kuipers, Zelenko, Lipsey, Frank, Pappageorge, Raczkowski, Phillips, Jacobs, McConico, Whitmer, Cassis and Lockwood introduced

House Bill No. 5513, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending sections 4701 and 4702 (MCL 600.4701 and 600.4702), section 4701 as amended by 2000 PA 184 and section 4702 as added by 1988 PA 104.

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

Reps. Mortimer, Koetje, Toy, Julian, Bishop, Caul, Van Woerkom, Mead, Gosselin, Gilbert, Faunce, Meyer, Hummel, Woronchak, Drolet, Birkholz, Newell, Tabor, Voorhees, Neumann, Middaugh, Ruth Johnson, George, Bisbee, Shackleton, Richardville, Schauer, Ehardt, Kowall, Pumford, Jelinek, Rocca, Bernero, Allen, Pestka, Basham, Sheltrown, DeVuyst, Callahan, Hager, Shulman, Kuipers, Zelenko, Lipsey, Pappageorge, Raczkowski, Phillips, Frank, Jacobs, McConico, Whitmer, Cassis and Lockwood introduced

House Bill No. 5514, entitled

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

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

Reps. Jamnick, Koetje, Toy, Julian, Bishop, Caul, Van Woerkom, Mead, Gosselin, Gilbert, Faunce, Meyer, Hummel, Woronchak, Birkholz, Newell, Tabor, Voorhees, Neumann, Middaugh, Ruth Johnson, Schauer, George, Bisbee, Shackleton, McConico, Lockwood, Ehardt, Kowall, Pumford, Jelinek, Rocca, Bernero, Allen, Pestka, Basham, Sheltrown, DeVuyst, Callahan, Hager, Shulman, Kuipers, Zelenko, Lipsey, Pappageorge, Frank, Raczkowski, Phillips, Jacobs, Richardville, Whitmer and Cassis introduced

House Bill No. 5515, entitled

A bill to amend 1963 PA 181, entitled "Motor carrier safety act of 1963," by amending section 7c (MCL 480.17c), as amended by 2000 PA 298.

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

Reps. Sheltrown, Koetje, Toy, Julian, Bishop, Caul, Van Woerkom, Mead, Gosselin, Gilbert, Faunce, Meyer, Hummel, Woronchak, Birkholz, Newell, Tabor, Voorhees, Rocca, Neumann, Middaugh, Ruth Johnson, George, Bisbee, Shackleton, Lockwood, Schauer, Ehardt, Kowall, Pumford, Jelinek, Bernero, Allen, Pestka, Basham, DeVuyst, Callahan, Rivet, Hager, Shulman, Kuipers, Zelenko, Lipsey, Phillips, Frank, Raczkowski, Jacobs, Richardville, McConico, Whitmer, Cassis and Pappageorge introduced

House Bill No. 5516, entitled

A bill to amend 1999 PA 276, entitled "Banking code of 1999," (MCL 487.11101 to 487.15105) by adding section 4406.

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

Reps. Waters, Koetje, Toy, Julian, Bishop, Caul, Van Woerkom, Mead, Gosselin, Gilbert, Faunce, Meyer, Hummel, Woronchak, Birkholz, Newell, Tabor, Voorhees, Rocca, Neumann, Middaugh, Ruth Johnson, George, Bisbee, Shackleton, Lockwood, Richardville, Schauer, Ehardt, Kowall, Pumford, Jelinek, Bernero, Allen, Pestka, Basham, Sheltrown, DeVuyst, Callahan, Rivet, Hager, Shulman, Kuipers, Zelenko, Lipsey, Phillips, Raczkowski, Frank, Jacobs, McConico, Whitmer, Cassis and Pappageorge introduced

House Bill No. 5517, entitled

A bill to amend 1925 PA 285, entitled "An act to provide for the organization, operation, and supervision of credit unions; to provide for the conversion of a state credit union into a federal credit union or a credit union organized and supervised under the laws of any other state or territory of the United States or any other federally insured depository institution and for the conversion of a federal credit union or a credit union organized and supervised under the laws of any other state or territory of the United States or any other federally insured depository institution into a state credit union; and to provide for the merger of credit unions organized and supervised under the laws of this state, credit unions organized and supervised under the laws of any other state or territory of the United States, and federal credit unions," (MCL 490.1 to 490.31) by adding section 16c.

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

Reps. McConico, Koetje, Toy, Julian, Bishop, Caul, Van Woerkom, Mead, Gosselin, Gilbert, Faunce, Meyer, Hummel, Woronchak, Birkholz, Newell, Voorhees, Tabor, Rocca, Neumann, Bernero, Middaugh, George, Bisbee, Shackleton, Richardville, Lockwood, Ruth Johnson, Schauer, Ehardt, Kowall, Pumford, Jelinek, Allen, Pestka, Basham, Sheltrown, DeVuyst, Callahan, Rivet, Hager, Shulman, Kuipers, Zelenko, Lipsey, Raczkowski, Phillips, Frank, Jacobs, Whitmer, Cassis and Pappageorge introduced

House Bill No. 5518, entitled

A bill to amend 1980 PA 307, entitled "Savings and loan act of 1980," (MCL 491.102 to 491.1202) by adding
section 1135.

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

Reps. Anderson, Koetje, Toy, Julian, Bishop, Caul, Mead, Van Woerkom, Gosselin, Gilbert, Faunce, Meyer, Hummel, Woronchak, Birkholz, Newell, Voorhees, Tabor, Rocca, Neumann, Bernero, Middaugh, George, Bisbee, Shackleton, Richardville, Lockwood, Ruth Johnson, Schauer, Ehardt, Kowall, Pumford, Jelinek, Allen, Pestka, Basham, Sheltrown, DeVuyst, Callahan, Rivet, Hager, Shulman, Kuipers, Zelenko, Lipsey, Phillips, Raczkowski, Frank, Jacobs, McConico, Whitmer, Cassis and Pappageorge introduced

House Bill No. 5519, entitled

A bill to amend 1996 PA 354, entitled "Savings bank act," (MCL 487.3101 to 487.3804) by adding section 514.

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

Reps. Bovin, Koetje, Toy, Julian, Bishop, Caul, Mead, Van Woerkom, Gosselin, Gilbert, Faunce, Meyer, Hummel, Drolet, Birkholz, Newell, Voorhees, Tabor, Rocca, Neumann, Bernero, Middaugh, George, Bisbee, Shackleton, McConico, Richardville, Lockwood, Ruth Johnson, Schauer, Ehardt, Kowall, Jelinek, Jacobs, Allen, Pestka, Basham, Sheltrown, DeVuyst, Callahan, Rivet, Hager, Shulman, Kuipers, Zelenko, Lipsey, Raczkowski, Phillips, Frank, Pappageorge, Whitmer and Cassis introduced

House Bill No. 5520, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending sections 22, 31, 33, 35, 37, and 49 of chapter XVII (MCL 777.22, 777.31, 777.33, 777.35, 777.37, and 777.49), sections 22, 33, and 35 as amended by 2000 PA 279, sections 31 and 49 as amended by 2001 PA 136, and section 37 as added by 1998 PA 317, and by adding section 49a.

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

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. 814 Yeas--100

Allen Frank LaSata Rison

Anderson Garza Lemmons Rivet

Basham George Lipsey Rocca

Bernero Gieleghem Lockwood Schauer

Birkholz Gilbert Mans Scranton

Bisbee Godchaux Mead Shackleton

Bishop Hager Meyer Shulman

Bogardus 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 Toy

Cassis Jamnick Pappageorge Van Woerkom

Caul Jansen Patterson Vander Roest

Clark, I. Jelinek Pestka Vear

Clarke, H. Johnson, Rick Phillips Voorhees

Dennis Johnson, Ruth Plakas Waters

DeRossett Julian Pumford Whitmer

DeVuyst Koetje Quarles Williams

DeWeese Kolb Raczkowski Wojno

Drolet Kooiman Reeves Woodward

Ehardt Kowall Richardville Woronchak

Faunce Kuipers Richner Zelenko

In The Chair: Ehardt

______

Rep. Zelenko moved that Reps. Murphy and Waters be excused temporarily from today's session.

The motion prevailed.

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

The motion prevailed.

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

The motion prevailed.

Second Reading of Bills

Senate Bill No. 759, entitled

A bill to amend 1976 PA 388, entitled "Michigan campaign finance act," by amending sections 2, 6, 7, 9, 11, 15, 29, 42, and 57 (MCL 169.202, 169.206, 169.207, 169.209, 169.211, 169.215, 169.229, 169.242, and 169.257), sections 2 and 7 as amended by 1994 PA 385, section 6 as amended by 1995 PA 264, sections 9, 11, and 57 as amended by 1996 PA 590, section 15 as amended by 2000 PA 201, and sections 29 and 42 as amended by 1999 PA 237, and by adding sections 58 and 59.

The bill was read a second time.

Rep. Richner moved to substitute (H-4) the bill.

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

Reps. Stewart and Pumford moved to amend the bill as follows:

1. Amend page 22, line 18, after "OFFICE" by striking out "OR THE QUALIFICATION, PASSAGE, OR DEFEAT OF A BALLOT QUESTION".

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

Reps. Quarles and Gieleghem moved to amend the bill as follows:

1. Amend page 31, following line 13, by inserting:

"SEC. 60. A PUBLICLY HELD CORPORATION OR A PERSON ACTING ON BEHALF OF A PUBLICLY-HELD CORPORATION SHALL NOT EXPEND TREASURY FUNDS FOR THE PURPOSE OF INFLUENCING THE OUTCOME OF AN ELECTION AS PROVIDED IN SECTION 54(3) WITHOUT THE EXPRESSED APPROVAL OF THE SHAREHOLDERS OF THE CORPORATION.".

The question being on the adoption of the amendment offered by Reps. Quarles and Gieleghem,

Rep. Gieleghem demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendment offered by Reps. Quarles and Gieleghem,

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

Roll Call No. 815 Yeas--45

Adamini Dennis Lockwood Rison

Anderson Frank Mans Rivet

Basham Gieleghem McConico Spade

Bernero Hale Minore Switalski

Bogardus Hansen Murphy Thomas

Bovin Hardman Neumann Waters

Brown, B. Jacobs O'Neil Whitmer

Brown, R. Jamnick Pestka Williams

Callahan Kolb Phillips Wojno

Clark, I. Lemmons Quarles Woodward

Clarke, H. Lipsey Reeves Zelenko

Daniels

Nays--51

Allen Faunce Koetje Raczkowski

Birkholz Garza Kooiman Richardville

Bisbee George Kowall Richner

Bishop Gilbert Kuipers Rocca

Bradstreet Godchaux LaSata Scranton

Brown, C. Hager Mead Shulman

Cassis Hart Meyer Stamas

Caul Howell Middaugh Toy

DeRossett Hummel Mortimer Van Woerkom

DeVuyst Jansen Newell Vander Roest

DeWeese Jelinek Pappageorge Voorhees

Drolet Johnson, Rick Patterson Woronchak

Ehardt Julian Pumford

In The Chair: Ehardt

Rep. Frank moved to amend the bill as follows:

1. Amend page 31, following line 13, by inserting:

"SEC. 59A. A CORPORATION OR A SEPARATED SEGREGATED FUND OF A CORPORATION THAT RECEIVES GRANT ASSISTANCE FROM THE STATE OR THAT HAS A CONTRACTUAL AGREEMENT WITH THE STATE SHALL NOT MAKE A CONTRIBUTION OR EXPENDITURE FOR THE PURPOSE OF INFLUENCING OR ATTEMPTING TO INFLUENCE THE ACTION OF THE VOTERS FOR OR AGAINST THE NOMINATION OR ELECTION OF A CANDIDATE, OR THE QUALIFICATION, PASSAGE, OR DEFEAT OF A BALLOT QUESTION.".

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. 816 Yeas--47

Adamini Frank Mans Rivet

Anderson Garza McConico Schauer

Basham Gieleghem Minore Spade

Bernero Hale Murphy Switalski

Bogardus Hansen Neumann Thomas

Bovin Hardman O'Neil Waters

Brown, B. Jacobs Pestka Whitmer

Brown, R. Jamnick Phillips Williams

Callahan Kolb Plakas Wojno

Clark, I. Lemmons Quarles Woodward

Daniels Lipsey Reeves Zelenko

Dennis Lockwood Rison

Nays--50

Allen Gilbert LaSata Rocca

Birkholz Godchaux Mead Scranton

Bisbee Hager Meyer Shulman

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

Drolet Julian Raczkowski Vear

Ehardt Koetje Richardville Voorhees

Faunce Kooiman Richner Woronchak

George Kuipers

In The Chair: Ehardt

______

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

The motion prevailed.

Rep. Quarles moved to amend the bill as follows:

1. Amend page 21, line 6, after "SHALL" by inserting "NOT".

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. 817 Yeas--50

Adamini Frank McConico Schauer

Anderson Garza Minore Scranton

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 Reeves Wojno

Clarke, H. Lipsey Rison Woodward

Daniels Lockwood Rivet Zelenko

Dennis Mans

Nays--54

Allen George Kowall Richner

Birkholz Gilbert Kuipers Rocca

Bisbee Godchaux LaSata Shackleton

Bishop Gosselin Mead Shulman

Bradstreet Hager Meyer Stamas

Brown, C. Hart Middaugh Stewart

Cassis Howell Mortimer Tabor

Caul Hummel Newell Toy

DeRossett Jansen Pappageorge Van Woerkom

DeVuyst Jelinek Patterson Vander Roest

DeWeese Johnson, Ruth Pumford Vear

Drolet Julian Raczkowski Voorhees

Ehardt Koetje Richardville Woronchak

Faunce Kooiman

In The Chair: Ehardt

Reps. Quarles and Jamnick moved to amend the bill as follows:

1. Amend page 21, line 7, after "OF" by striking out "CONTRIBUTION LIMITS" and inserting "DISCLOSURE REQUIREMENTS".

2. Amend page 21, line 10, after "CONTRIBUTION." by inserting "FOR PURPOSES OF CONTRIBUTION LIMITS, THE CONTRIBUTION SHALL BE ATTRIBUTED ONLY TO THE INDIVIDUAL MAKING THE CONTRIBUTION.".

The question being on the adoption of the amendments offered by Reps. Quarles and Jamnick,

Rep. Quarles demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendments offered by Reps. Quarles and Jamnick,

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

Roll Call No. 818 Yeas--41

Adamini Dennis Mans Reeves

Anderson Frank McConico Rison

Basham Garza Minore Schauer

Bernero Gieleghem Murphy Spade

Bogardus Hansen Neumann Switalski

Bovin Hardman O'Neil Thomas

Brown, R. Jacobs Pestka Waters

Callahan Jamnick Phillips Whitmer

Clark, I. Kolb Plakas Williams

Clarke, H. Lemmons Quarles Zelenko

Daniels

Nays--45

Birkholz Hager Mead Rocca

Bisbee Howell Meyer Shackleton

Bishop Hummel Middaugh Shulman

Brown, C. Jansen Mortimer Stamas

Cassis Jelinek Newell Stewart

Caul Johnson, Ruth Pappageorge Tabor

DeRossett Koetje Patterson Toy

DeWeese Kooiman Pumford Van Woerkom

Ehardt Kowall Raczkowski Vander Roest

Faunce Kuipers Richardville Vear

George LaSata Richner Voorhees

Gilbert

In The Chair: Ehardt

Rep. Jacobs moved to amend the bill as follows:

1. Amend page 24, line 24, after "(a)" by striking out the balance of the section and inserting:

"Except as provided in subsection (5) and subject to ~~subsection (8)~~ SUBSECTIONS (8) AND (11), a person other than an independent committee or a political party committee shall not make contributions to a candidate committee of a candidate for elective office that, with respect to an election cycle, are more than the following:

(a) $3,400.00 for a candidate for state elective office other than the office of state legislator, or for a candidate for local elective office if the district from which he or she is seeking office has a population of more than 250,000.

(b) $1,000.00 for a candidate for state senator, or for a candidate for local elective office if the district from which he or she is seeking office has a population of more than 85,000 but 250,000 or less.

(c) $500.00 for a candidate for state representative, or for a candidate for local elective office if the district from which he or she is seeking office has a population of 85,000 or less.

(2) Except as otherwise provided in this subsection, an independent committee shall not make contributions to a candidate committee of a candidate for elective office that, in the aggregate for that election cycle, are more than 10 times the amount permitted a person other than an independent committee or political party committee in subsection (1). A house political party caucus committee or a senate political party caucus committee is not limited under this subsection in the amount of contributions made to the candidate committee of a candidate for the office of state legislator, except as follows:

(a) A house political party caucus committee or a senate political party caucus committee shall not pay a debt incurred by a candidate if that debt was incurred while the candidate was seeking nomination at a primary election and the candidate was opposed at that primary.

(b) A house political party caucus committee or a senate political party caucus committee shall not make a contribution to or make an expenditure on behalf of a candidate if that candidate is seeking nomination at a primary election and the candidate is opposed at that primary.

(3) A political party committee other than a state central committee shall not make contributions to the candidate committee of a candidate for elective office that are more than 10 times the amount permitted a person other than an independent committee or political party committee in subsection (1).

(4) A state central committee of a political party shall not make contributions to the candidate committee of a candidate for state elective office other than a candidate for the legislature that are more than 20 times the amount permitted a person other than an independent committee or political party committee in subsection (1). A state central committee of a political party shall not make contributions to the candidate committee of a candidate for state senator, state representative, or local elective office that are more than 10 times the amount permitted a person other than an independent committee or political party committee in subsection (1).

(5) A contribution from a member of a candidate's immediate family to the candidate committee of that candidate is exempt from the limitations of subsection (1).

(6) Consistent with the provisions of this section, a contribution designated in writing for a particular election cycle is considered made for that election cycle. A contribution made after the close of a particular election cycle and designated in writing for that election cycle shall be made only to the extent that the contribution does not exceed the candidate committee's net outstanding debts and obligations from the election cycle so designated. If a contribution is not designated in writing for a particular election cycle, the contribution is considered made for the election cycle that corresponds to the date of the written instrument.

(7) A candidate committee, a candidate, or a treasurer or agent of a candidate committee shall not accept a contribution with respect to an election cycle that exceeds the limitations in subsection (1), (2), (3), or (4).

(8) The contribution limits in subsection (1) for a candidate for local elective office are effective on the effective date of the amendatory act that provides for those contribution limits, however, only contributions received by that candidate on and after that date shall be used to determine if the contribution limit has been reached.

(9) A person who knowingly violates this section is guilty of a misdemeanor punishable, if the person is an individual, by a fine of not more than $1,000.00 or imprisonment for not more than 90 days, or both, or, if the person is not an individual, by a fine of not more than $10,000.00.

(10) For purposes of the limitations provided in subsections (1) and (2), all contributions made by political committees or independent committees established by any corporation, joint stock company, domestic dependent sovereign, or labor organization, including any parent, subsidiary, branch, division, department, or local unit thereof, shall be considered to have been made by a single independent committee. By way of illustration and not limitation, all of the following apply as a result of the application of this requirement:

(a) All of the political committees and independent committees established by a for profit corporation or joint stock company, by a subsidiary of the for profit corporation or joint stock company, or by any combination thereof, are treated as a single independent committee.

(b) All of the political committees and independent committees established by a single national or international labor organization, by a labor organization of that national or international labor organization, by a local labor organization of that national or international labor organization, or by any other subordinate organization of that national or international labor organization, or by any combination thereof, are treated as a single independent committee.

(c) All of the political committees and independent committees established by an organization of national or international unions, by a state central body of that organization, by a local central body of that organization, or by any combination thereof, are treated as a single independent committee.

(d) All of the political committees and independent committees established by a nonprofit corporation, by a related state entity of that nonprofit corporation, by a related local entity of that nonprofit corporation, or by any combination thereof, are treated as a single independent committee.

(11) AN INDIVIDUAL SHALL NOT MAKE CONTRIBUTIONS TO COMMITTEES ORGANIZED UNDER THIS ACT THAT EXCEED $50,000.00 IN THE AGGREGATE IN A CALENDAR YEAR.".

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

Rep. Jacobs demanded the yeas and nays.

The demand was supported.

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

After debate,

Rep. 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 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. 819 Yeas--48

Adamini Dennis Lockwood Rivet

Anderson Frank Mans Schauer

Basham Garza McConico Spade

Bernero Gieleghem Minore Stallworth

Bogardus Hale Murphy Switalski

Bovin Hansen Neumann Thomas

Brown, B. Hardman O'Neil Waters

Brown, R. Jacobs Phillips Whitmer

Callahan Jamnick Plakas Williams

Clark, I. Kolb Quarles Wojno

Clarke, H. Lemmons Reeves Woodward

Daniels Lipsey Rison Zelenko

Nays--56

Allen George Kooiman Richner

Birkholz Gilbert Kowall Rocca

Bisbee Godchaux Kuipers Scranton

Bishop Gosselin LaSata Shackleton

Bradstreet Hager Mead Shulman

Brown, C. Hart Meyer Stamas

Cassis Howell Middaugh Stewart

Caul Hummel Mortimer Tabor

DeRossett Jansen Newell Toy

DeVuyst Jelinek Pappageorge Van Woerkom

DeWeese Johnson, Rick Patterson Vander Roest

Drolet Johnson, Ruth Pumford Vear

Ehardt Julian Raczkowski Voorhees

Faunce Koetje Richardville Woronchak

In The Chair: Ehardt

Rep. Dennis moved to amend the bill as follows:

1. Amend page 31, following line 13, by inserting:

"SEC. 57A. A CANDIDATE SHALL NOT APPEAR, AND THE VOICE OR LIKENESS OF A CANDIDATE SHALL NOT BE USED, IN A PUBLIC SERVICE ANNOUNCEMENT MAKING USE OF PUBLIC RESOURCES.".

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

Rep. Dennis demanded the yeas and nays.

The demand was supported.

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

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 amendment offered by Rep. Dennis,

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

Roll Call No. 820 Yeas--49

Adamini Frank Mans Rivet

Anderson Garza McConico Schauer

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 Rison Zelenko

Dennis

Nays--53

Allen George Kooiman Richner

Birkholz Gilbert Kowall Rocca

Bisbee Godchaux Kuipers Scranton

Bishop Gosselin LaSata Shulman

Bradstreet Hager Mead Stamas

Brown, C. Hart Meyer Stewart

Cassis Howell Middaugh Tabor

Caul Hummel Mortimer Toy

DeRossett Jelinek Newell Van Woerkom

DeVuyst Johnson, Rick Pappageorge Vander Roest

DeWeese Johnson, Ruth Patterson Vear

Drolet Julian Pumford Voorhees

Ehardt Koetje Raczkowski Woronchak

Faunce

In The Chair: Ehardt

Rep. Woodward moved to amend the bill as follows:

1. Amend page 22, line 14, by striking out all of subsection (4) and renumbering the remaining subsection.

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,

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 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. 821 Yeas--48

Adamini Dennis Lockwood Rison

Anderson Frank Mans Rivet

Basham Garza McConico Spade

Bernero Gieleghem Minore Stallworth

Bogardus Hale Murphy Switalski

Bovin Hansen Neumann Thomas

Brown, B. Hardman O'Neil Waters

Brown, R. Jacobs Pestka Whitmer

Callahan Jamnick Phillips Williams

Clark, I. Kolb Plakas Wojno

Clarke, H. Lemmons Quarles Woodward

Daniels Lipsey Reeves Zelenko

Nays--51

Allen George Koetje Richner

Birkholz Gilbert Kooiman Rocca

Bisbee Godchaux Kowall Scranton

Bishop Gosselin Kuipers Shackleton

Bradstreet Hager LaSata Shulman

Brown, C. Hart Mead Stamas

Cassis Howell Meyer Tabor

Caul Hummel Middaugh Toy

DeRossett Jansen Mortimer Van Woerkom

DeVuyst Jelinek Newell Vander Roest

Drolet Johnson, Rick Pappageorge Vear

Ehardt Johnson, Ruth Patterson Voorhees

Faunce Julian Raczkowski

In The Chair: Ehardt

Rep. Frank moved to amend the bill as follows:

1. Amend page 31, following line 13, by inserting:

"SEC. 59B. (1) AN INSURER, AS THAT TERM IS DEFINED IN SECTION 106 OF THE INSURANCE CODE OF 1956, 1956 PA 218, MCL 500.106, DOING BUSINESS IN THIS STATE SHALL NOT, DIRECTLY OR INDIRECTLY, PAY OR USE, OR OFFER, CONSENT, OR AGREE TO PAY OR USE, MONEY OR PROPERTY FOR OR IN AID OF A POLITICAL PARTY, COMMITTEE, OR ORGANIZATION; FOR OR IN AID OF A CORPORATION ORGANIZED ON A FOR-PROFIT OR NONPROFIT BASIS, A JOINT STOCK COMPANY, OR A DOMESTIC DEPENDENT SOVEREIGN ORGANIZED OR MAINTAINED FOR POLITICAL PURPOSES; FOR OR IN AID OF A CANDIDATE FOR ELECTIVE OFFICE OR FOR NOMINATION FOR ELECTIVE OFFICE; FOR THE PURPOSE OF INFLUENCING OR AFFECTING THE VOTE ON A BALLOT QUESTION SUBMITTED TO THE VOTERS; FOR ANY POLITICAL PURPOSE WHATSOEVER; OR FOR THE REIMBURSEMENT OR INDEMNIFICATION OF A PERSON THAT USES MONEY OR PROPERTY IN THE MANNER OR FOR THE PURPOSES DESCRIBED IN THIS SECTION.

(2) AN OFFICER, DIRECTOR, STOCKHOLDER, ATTORNEY, OR AGENT OF AN INSURER THAT VIOLATES THIS SECTION WHO PARTICIPATES IN, AIDS, ABETS, OR CONSENTS TO THE VIOLATION OR A PERSON THAT SOLICITS OR KNOWINGLY RECEIVES MONEY OR PROPERTY IN VIOLATION OF THIS SECTION IS GUILTY OF A MISDEMEANOR, PUNISHABLE BY IMPRISONMENT FOR NOT MORE THAN 1 YEAR OR A FINE OF NOT MORE THAN $1,000.00, OR BOTH. AN OFFICER OF AN INSURER THAT VIOLATES THIS SECTION OR WHO AIDS OR ABETS IN A VIOLATION OF THIS SECTION THAT IS A CONTRIBUTION OR EXPENDITURE IS LIABLE TO THE INSURER FOR THE AMOUNT CONTRIBUTED OR EXPENDED.".

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,

After debate,

Rep. Bishop demanded the previous question.

The demand was supported.

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

The previous question was ordered.

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

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

Roll Call No. 822 Yeas--44

Anderson Dennis Lockwood Rison

Basham Frank Mans Spade

Bernero Garza McConico Stallworth

Bogardus Gieleghem Minore Switalski

Bovin Hale Murphy Thomas

Brown, B. Hansen O'Neil Waters

Brown, R. Hardman Pestka Whitmer

Callahan Jacobs Phillips Williams

Clark, I. Jamnick Plakas Wojno

Clarke, H. Kolb Quarles Woodward

Daniels Lipsey Reeves Zelenko

Nays--50

Allen Faunce Koetje Richner

Birkholz George Kowall Rocca

Bisbee Gilbert Kuipers Scranton

Bishop Godchaux LaSata Shulman

Bradstreet Gosselin Mead Stamas

Brown, C. Hager Meyer Stewart

Cassis Hart Middaugh Tabor

Caul Howell Mortimer Toy

DeRossett Hummel Newell Van Woerkom

DeVuyst Jansen Pappageorge Vander Roest

DeWeese Jelinek Patterson Vear

Drolet Johnson, Rick Pumford Voorhees

Ehardt Julian

In The Chair: Ehardt

Rep. Woodward moved to amend the bill as follows:

1. Amend page 34, following line 12, by inserting:

"SEC. 91. (1) THIS SECTION AND SECTIONS 92 TO 109 SHALL BE KNOWN AND MAY BE CITED AS THE "MICHIGAN PUBLIC CAMPAIGN LAW". AS USED IN THE MICHIGAN PUBLIC CAMPAIGN LAW, "CERTIFIED CANDIDATE" MEANS A CANDIDATE RUNNING FOR THE OFFICE OF GOVERNOR, STATE SENATOR, OR STATE REPRESENTATIVE WHO CHOOSES TO PARTICIPATE IN THE MICHIGAN PUBLIC CAMPAIGN ACT AND WHO IS CERTIFIED AS A MICHIGAN PUBLIC CAMPAIGN LAW CANDIDATE UNDER SECTION 97.

(2) THE MICHIGAN PUBLIC CAMPAIGN ACT ESTABLISHES AN ALTERNATIVE CAMPAIGN FINANCING OPTION AVAILABLE TO CANDIDATES RUNNING FOR THE OFFICES OF GOVERNOR, STATE SENATOR, AND STATE REPRESENTATIVE. THIS ALTERNATIVE CAMPAIGN FINANCING OPTION IS AVAILABLE TO CANDIDATES FOR EACH ELECTION HELD IN THIS STATE AFTER JANUARY 1, 2000.

(3) THE SECRETARY OF STATE SHALL ADMINISTER THE MICHIGAN PUBLIC CAMPAIGN ACT.

SEC. 92. (1) THE MICHIGAN PUBLIC CAMPAIGN FUND IS ESTABLISHED TO FINANCE THE ELECTION CAMPAIGNS OF CERTIFIED MICHIGAN PUBLIC CAMPAIGN ACT CANDIDATES RUNNING FOR THE OFFICE OF GOVERNOR, STATE SENATOR, AND STATE REPRESENTATIVE. THE MICHIGAN PUBLIC CAMPAIGN FUND IS THE FUND FROM WHICH ADMINISTRATIVE COSTS OF THE DEPARTMENTS OF TREASURY AND STATE AND ENFORCEMENT COSTS OF THE DEPARTMENT OF STATE RELATED TO THE MICHIGAN PUBLIC CAMPAIGN ACT WILL BE PAID.

(2) THE STATE TREASURER SHALL ADMINISTER THE MICHIGAN PUBLIC CAMPAIGN FUND PURSUANT TO THIS ACT. THE MICHIGAN PUBLIC CAMPAIGN FUND IS A SPECIAL, DEDICATED, NONLAPSING FUND AND ANY INTEREST GENERATED BY THE FUND IS CREDITED TO THE FUND.

(3) THE STATE TREASURER SHALL DEPOSIT ALL OF THE FOLLOWING INTO THE MICHIGAN PUBLIC CAMPAIGN FUND:

(A) THE QUALIFYING CONTRIBUTIONS REQUIRED UNDER SECTION 96, WHEN THOSE CONTRIBUTIONS ARE SUBMITTED TO THE STATE TREASURER.

(B) REVENUE PURSUANT TO SECTION 93.

(C) SEED MONEY CONTRIBUTIONS REMAINING UNSPENT AFTER A CANDIDATE HAS BEEN CERTIFIED AS A MICHIGAN PUBLIC CAMPAIGN ACT CANDIDATE, WHEN THOSE FUNDS ARE SUBMITTED TO THE STATE TREASURER.

(D) FUND REVENUES THAT WERE DISTRIBUTED TO A MICHIGAN PUBLIC CAMPAIGN ACT CANDIDATE AND THAT REMAIN UNSPENT AFTER THE CANDIDATE HAS LOST A PRIMARY ELECTION OR AFTER ALL GENERAL ELECTIONS.

(E) OTHER UNSPENT FUND REVENUES DISTRIBUTED TO ANY MICHIGAN PUBLIC CAMPAIGN ACT CANDIDATE WHO DOES NOT REMAIN A CANDIDATE THROUGHOUT A PRIMARY OR GENERAL ELECTION CYCLE.

(F) VOLUNTARY DONATIONS MADE DIRECTLY TO THE FUND.

(G) FINES COLLECTED UNDER SECTION 108.

(4) ON OR BEFORE THE SEPTEMBER 1 IMMEDIATELY PRECEDING AN ELECTION YEAR, THE SECRETARY OF STATE SHALL PUBLISH AN ESTIMATE OF REVENUE IN THE FUND AVAILABLE FOR DISTRIBUTION TO CERTIFIED CANDIDATES DURING THE UPCOMING YEAR'S ELECTIONS.

SEC. 93. (1) AN INDIVIDUAL WHOSE TAX LIABILITY UNDER THE INCOME TAX ACT OF 1967, 1967
PA 281, MCL 206.1 TO 206.532, FOR A TAXABLE YEAR IS $3.00 OR MORE MAY DESIGNATE THAT $3.00 NOT BE CREDITED TO THE MICHIGAN PUBLIC CAMPAIGN FUND. IN THE CASE OF A JOINT RETURN OF HUSBAND AND WIFE HAVING AN INCOME TAX LIABILITY OF $6.00 OR MORE, EACH SPOUSE MAY DESIGNATE THAT $3.00 NOT BE CREDITED TO THE MICHIGAN PUBLIC CAMPAIGN FUND.

(2) THE TAX DESIGNATION AUTHORIZED IN THIS SECTION SHALL BE CLEARLY AND UNAMBIGUOUSLY PRINTED ON THE FIRST PAGE OF THE STATE INDIVIDUAL INCOME TAX RETURN.

(3) AN AMOUNT EQUAL TO THE CUMULATIVE AMOUNTS DESIGNATED UNDER SUBSECTION (1) EACH YEAR SHALL BE APPROPRIATED ANNUALLY FROM THE GENERAL FUND OF THIS STATE TO THE MICHIGAN PUBLIC CAMPAIGN FUND TO BE AVAILABLE BEGINNING JANUARY 1 AND CONTINUING THROUGH DECEMBER 31 OF EACH ELECTION YEAR.

SEC. 94. (1) TO BE ELIGIBLE FOR CERTIFICATION, A PARTICIPATING CANDIDATE SHALL MEET BOTH OF THE FOLLOWING REQUIREMENTS:

(A) HE OR SHE SHALL ONLY COLLECT AND SPEND SEED MONEY CONTRIBUTIONS DURING THE QUALIFYING PERIOD.

(B) HE OR SHE SHALL NOT MAKE OR CAUSE AN EXPENDITURE TO BE MADE FROM PRIVATE MONEY DEPOSITED TO HIS OR HER CANDIDATE COMMITTEE DURING THE CURRENT ELECTION CYCLE AND BEFORE FILING A DECLARATION OF INTENT PURSUANT TO SUBSECTION (3).

(2) A CANDIDATE SHALL NOT COLLECT OR SPEND SEED MONEY CONTRIBUTIONS AFTER CERTIFICATION AS A MICHIGAN PUBLIC CAMPAIGN ACT CANDIDATE. THE PRIMARY PURPOSE OF A SEED MONEY CONTRIBUTION IS TO ENABLE A PARTICIPATING CANDIDATE TO COLLECT QUALIFYING CONTRIBUTIONS. A PARTICIPATING CANDIDATE SHALL REPORT SEED MONEY CONTRIBUTIONS AND EXPENDITURES ACCORDING TO PROCEDURES DEVELOPED BY THE SECRETARY OF STATE.

(3) A PARTICIPATING CANDIDATE SHALL FILE A DECLARATION OF INTENT TO SEEK CERTIFICATION AS A MICHIGAN PUBLIC CAMPAIGN ACT CANDIDATE AND TO COMPLY WITH THE REQUIREMENTS OF THE MICHIGAN PUBLIC CAMPAIGN ACT. THE CANDIDATE SHALL FILE THE DECLARATION OF INTENT WITH THE SECRETARY OF STATE BEFORE OR DURING THE QUALIFYING PERIOD, EXCEPT AS OTHERWISE PROVIDED IN SECTION 103, ACCORDING TO FORMS AND PROCEDURES DEVELOPED BY THE SECRETARY OF STATE. A PARTICIPATING CANDIDATE SHALL FILE A DECLARATION OF INTENT BEFORE HE OR SHE COLLECTS SEED MONEY OR QUALIFYING CONTRIBUTIONS UNDER THE MICHIGAN PUBLIC CAMPAIGN ACT.

SEC. 95. (1) SUBSEQUENT TO BECOMING A CANDIDATE AND BEFORE CERTIFICATION, A PARTICIPATING CANDIDATE SHALL NOT ACCEPT CONTRIBUTIONS EXCEPT FOR SEED MONEY CONTRIBUTIONS. A PARTICIPATING CANDIDATE SHALL LIMIT THE CANDIDATE'S SEED MONEY CONTRIBUTIONS TO THE FOLLOWING AMOUNTS, AS APPLICABLE:

(A) FOR A CANDIDATE FOR THE OFFICE OF GOVERNOR, $100,000.00.

(B) FOR A CANDIDATE FOR THE OFFICE OF STATE SENATOR, $10,000.00.

(2) A PARTICIPATING CANDIDATE SHALL OBTAIN QUALIFYING CONTRIBUTIONS DURING THE QUALIFYING PERIOD THAT MEET THE FOLLOWING CRITERIA, AS APPROPRIATE:

(A) FOR A CANDIDATE FOR THE OFFICE OF GOVERNOR, AT LEAST 5,000 VERIFIED REGISTERED VOTERS OF THIS STATE MUST SUPPORT THE CANDIDACY BY PROVIDING A QUALIFYING CONTRIBUTION TO THAT CANDIDATE.

(B) FOR A CANDIDATE FOR THE OFFICE OF STATE SENATOR, AT LEAST 500 VERIFIED REGISTERED VOTERS FROM THAT SENATORIAL DISTRICT MUST SUPPORT THE CANDIDATE BY PROVIDING A QUALIFYING CONTRIBUTION TO THAT CANDIDATE.

(C) FOR A CANDIDATE FOR THE OFFICE OF STATE REPRESENTATIVE, AT LEAST 250 VERIFIED REGISTERED VOTERS FROM THAT REPRESENTATIVE DISTRICT MUST SUPPORT THE CANDIDATE BY PROVIDING A QUALIFYING CONTRIBUTION TO THAT CANDIDATE.

(3) A PAYMENT, GIFT, OR ANYTHING OF VALUE SHALL NOT BE GIVEN IN EXCHANGE FOR A QUALIFYING CONTRIBUTION.

SEC. 96. A PARTICIPATING CANDIDATE SHALL SUBMIT QUALIFYING CONTRIBUTIONS TO THE SECRETARY OF STATE DURING THE QUALIFYING PERIOD ACCORDING TO PROCEDURES DEVELOPED BY THE SECRETARY OF STATE, EXCEPT AS PROVIDED IN SECTION 103.

SEC. 97. (1) UPON RECEIPT OF A FINAL SUBMITTAL OF QUALIFYING CONTRIBUTIONS BY A PARTICIPATING CANDIDATE, THE SECRETARY OF STATE SHALL DETERMINE IF THE CANDIDATE HAS MET ALL OF THE FOLLOWING REQUIREMENTS:

(A) SIGNED AND FILED A DECLARATION OF INTENT TO PARTICIPATE IN THE MICHIGAN PUBLIC CAMPAIGN ACT.

(B) SUBMITTED THE APPROPRIATE NUMBER OF VALID QUALIFYING CONTRIBUTIONS.

(D) DID NOT ACCEPT CONTRIBUTIONS, EXCEPT FOR SEED MONEY CONTRIBUTIONS, AND OTHERWISE COMPLIED WITH SEED MONEY CONTRIBUTION RESTRICTIONS.

(E) OTHERWISE MET THE REQUIREMENTS FOR PARTICIPATION IN THE MICHIGAN PUBLIC CAMPAIGN ACT.

(F) DID NOT MAKE OR CAUSE AN EXPENDITURE TO BE MADE FROM PRIVATE MONEY DEPOSITED IN HIS OR HER CANDIDATE COMMITTEE DURING THE CURRENT ELECTION CYCLE AND BEFORE FILING A DECLARATION OF INTENT TO PARTICIPATE IN THE MICHIGAN PUBLIC CAMPAIGN ACT.

(2) THE SECRETARY OF STATE SHALL CERTIFY A CANDIDATE WHO COMPLIES WITH THE REQUIREMENTS OF THIS SECTION AS A MICHIGAN PUBLIC CAMPAIGN ACT CANDIDATE AS SOON AS POSSIBLE AND NO LATER THAN 3 DAYS AFTER FINAL SUBMISSION OF QUALIFYING CONTRIBUTIONS. THE SECRETARY OF STATE SHALL NOTIFY A CANDIDATE WHO HAS NOT COMPLIED WITH THE REQUIREMENTS OF THIS SECTION THAT HE OR SHE IS BEING DENIED CERTIFICATION AS A MICHIGAN PUBLIC CAMPAIGN ACT CANDIDATE AND THE REASONS FOR THAT DENIAL AS SOON AS POSSIBLE AND NO LATER THAN 3 DAYS AFTER FINAL SUBMISSION OF QUALIFYING CONTRIBUTIONS.

(3) UPON CERTIFICATION OR DENIAL OF CERTIFICATION, A CANDIDATE SHALL PROMPTLY GIVE TO THE SECRETARY OF STATE ANY UNSPENT SEED MONEY CONTRIBUTIONS. AS SOON AS PRACTICAL AFTER RECEIPT, THE SECRETARY OF STATE SHALL TRANSMIT ALL UNSPENT SEED MONEY CONTRIBUTIONS TO THE STATE TREASURER FOR DEPOSIT INTO THE MICHIGAN PUBLIC CAMPAIGN FUND.

(4) A CERTIFIED CANDIDATE SHALL COMPLY WITH ALL REQUIREMENTS OF THE MICHIGAN PUBLIC CAMPAIGN ACT AFTER CERTIFICATION AND THROUGHOUT THE PRIMARY AND GENERAL ELECTION PERIODS.

SEC. 98. (1) A CERTIFIED CANDIDATE SHALL LIMIT THE CANDIDATE'S CAMPAIGN EXPENDITURES AND OBLIGATIONS, INCLUDING OUTSTANDING OBLIGATIONS, TO THE REVENUES DISTRIBUTED TO THE CANDIDATE FROM THE MICHIGAN PUBLIC CAMPAIGN FUND. A CERTIFIED CANDIDATE SHALL NOT ACCEPT ANY CONTRIBUTIONS UNLESS SPECIFICALLY AUTHORIZED BY THE SECRETARY OF STATE.

(2) A CERTIFIED CANDIDATE SHALL ONLY USE REVENUE DISTRIBUTED FROM THE FUND FOR CAMPAIGN-RELATED PURPOSES. THE SECRETARY OF STATE SHALL PUBLISH GUIDELINES OUTLINING PERMISSIBLE CAMPAIGN-RELATED EXPENDITURES.

SEC. 99. (1) THE SECRETARY OF STATE SHALL DIRECT THE STATE TREASURER TO DISTRIBUTE TO CERTIFIED CANDIDATES REVENUES FROM THE MICHIGAN PUBLIC CAMPAIGN FUND IN AMOUNTS DETERMINED UNDER SECTION 100 IN THE FOLLOWING MANNER:

(A) WITHIN 3 DAYS AFTER CERTIFICATION, FOR CANDIDATES CERTIFIED BEFORE JUNE 16 OF THE ELECTION YEAR, REVENUES FROM THE FUND SHALL BE DISTRIBUTED AS IF THE CANDIDATES ARE IN AN UNCONTESTED PRIMARY ELECTION.

(B) WITHIN 3 DAYS AFTER JUNE 16 OF THE ELECTION YEAR, FOR PRIMARY ELECTION CERTIFIED CANDIDATES, REVENUES FROM THE FUND SHALL BE DISTRIBUTED ACCORDING TO WHETHER THE CANDIDATE IS IN A CONTESTED OR UNCONTESTED PRIMARY ELECTION, REDUCED BY ANY AMOUNTS PREVIOUSLY DISTRIBUTED UNDER SUBDIVISION (A).

(C) WITHIN 3 DAYS AFTER THE PRIMARY ELECTION, FOR GENERAL ELECTION CERTIFIED CANDIDATES, REVENUES FROM THE FUND SHALL BE DISTRIBUTED ACCORDING TO WHETHER THE CANDIDATE IS IN A CONTESTED GENERAL ELECTION. FUNDS SHALL NOT BE DISTRIBUTED TO A CANDIDATE IN AN UNCONTESTED GENERAL ELECTION.

(2) THE STATE TREASURER MAY DISTRIBUTE REVENUE FROM THE FUND TO CERTIFIED CANDIDATES UNDER THIS SECTION BY ANY MECHANISM THAT IS EXPEDITIOUS, ENSURES ACCOUNTABILITY, AND SAFEGUARDS THE INTEGRITY OF THE MICHIGAN PUBLIC CAMPAIGN FUND.

SEC. 100. (1) ON OR BEFORE JULY 1, 1999, AND ON OR BEFORE JULY 1 OF EACH FOURTH YEAR AFTER 1999, THE SECRETARY OF STATE SHALL DETERMINE THE AMOUNT OF FUNDS TO BE DISTRIBUTED TO CERTIFIED CANDIDATES BASED UPON THE TYPE OF ELECTION AND OFFICE AS FOLLOWS:

(A) FOR CONTESTED PRIMARY ELECTIONS, THE AMOUNT OF REVENUES TO BE DISTRIBUTED IS THE AVERAGE AMOUNT OF CAMPAIGN EXPENDITURES MADE BY EACH CANDIDATE DURING ALL CONTESTED PRIMARY ELECTION RACES FOR THE IMMEDIATELY PRECEDING 2 PRIMARY ELECTIONS AS REPORTED IN THE INITIAL FILING PERIOD SUBSEQUENT TO THE PRIMARY ELECTION FOR THE RESPECTIVE OFFICES OF GOVERNOR, STATE SENATOR, AND STATE REPRESENTATIVE.

(B) FOR UNCONTESTED PRIMARY ELECTIONS, THE AMOUNT OF REVENUES DISTRIBUTED IS THE AVERAGE AMOUNT OF CAMPAIGN EXPENDITURES MADE BY EACH CANDIDATE DURING ALL UNCONTESTED PRIMARY ELECTION RACES, OR FOR CONTESTED RACES IF THAT AMOUNT IS LOWER, FOR THE IMMEDIATELY PRECEDING 2 PRIMARY ELECTIONS AS REPORTED IN THE INITIAL FILING PERIOD SUBSEQUENT TO THE PRIMARY ELECTION FOR THE RESPECTIVE OFFICES OF GOVERNOR, STATE SENATOR, AND STATE REPRESENTATIVE.

(C) FOR CONTESTED GENERAL ELECTIONS, THE AMOUNT OF REVENUES DISTRIBUTED IS THE AVERAGE AMOUNT OF CAMPAIGN EXPENDITURES MADE BY EACH CANDIDATE DURING ALL CONTESTED GENERAL ELECTION RACES FOR THE IMMEDIATELY PRECEDING 2 GENERAL ELECTIONS AS REPORTED IN THE INITIAL FILING PERIOD SUBSEQUENT TO THE GENERAL ELECTION FOR THE RESPECTIVE OFFICES OF GOVERNOR, STATE SENATOR, AND STATE REPRESENTATIVE.

(2) IF THE IMMEDIATELY PRECEDING 2 ELECTION CYCLES DO NOT CONTAIN SUFFICIENT ELECTORAL DATA, THE SECRETARY OF STATE SHALL USE INFORMATION FROM THE MOST RECENT APPLICABLE ELECTIONS. FOR ONLY THE INITIAL COMPUTATIONS UNDER SUBSECTION (1) THAT ARE CONDUCTED BY JULY 1, 1999, THE SECRETARY OF STATE SHALL REDUCE THE AMOUNTS TO BE DISTRIBUTED BY 25%.

SEC. 101. (1) IF A CAMPAIGN STATEMENT OR REPORT FILED UNDER THIS ACT SHOWS THAT THE SUM OF A CANDIDATE'S EXPENDITURES OR OBLIGATIONS, OR FUNDS RAISED OR BORROWED, WHICHEVER IS GREATER, ALONE OR IN CONJUNCTION WITH INDEPENDENT EXPENDITURES REPORTED UNDER SECTION 51 EXCEEDS THE DISTRIBUTION AMOUNT UNDER SECTION 100, THE SECRETARY OF STATE SHALL ISSUE IMMEDIATELY TO ANY OPPOSING MICHIGAN PUBLIC CAMPAIGN ACT CANDIDATE AN ADDITIONAL AMOUNT EQUIVALENT TO THE REPORTED EXCESS.

(2) MATCHING FUNDS PROVIDED UNDER THIS SECTION ARE LIMITED TO 3 TIMES THE AMOUNT ORIGINALLY DISTRIBUTED UNDER SECTION 100(1)(A) OR (C), AS APPLICABLE.

SEC. 102. A CANDIDATE WITHOUT POLITICAL PARTY AFFILIATION WHO IS CERTIFIED BY THE JUNE 16 IMMEDIATELY PRECEDING THE PRIMARY ELECTION IS ELIGIBLE FOR REVENUES FROM THE FUND IN THE SAME AMOUNTS AND AT THE SAME TIME AS AN UNCONTESTED PRIMARY ELECTION CANDIDATE AND A GENERAL ELECTION CANDIDATE AS SPECIFIED IN SECTIONS 99 AND 100. FOR A CANDIDATE WITHOUT POLITICAL PARTY AFFILIATION WHO IS NOT CERTIFIED BY JUNE 16 AT 5 P.M., THE DEADLINE FOR FILING QUALIFYING CONTRIBUTIONS IS 5 P.M. ON THE JULY 16 IMMEDIATELY PRECEDING THE GENERAL ELECTION. A CANDIDATE WITHOUT POLITICAL PARTY AFFILIATION CERTIFIED AFTER JUNE 16 AT 5 P.M. IS ELIGIBLE FOR REVENUES FROM THE FUND IN THE SAME AMOUNTS AS A GENERAL ELECTION CANDIDATE, AS SPECIFIED IN SECTIONS 99 AND 100.

SEC. 103. THE SECRETARY OF STATE SHALL ESTABLISH BY RULE PROCEDURES FOR QUALIFICATION, REPORTING, CERTIFICATION, DISBURSEMENT OF FUND REVENUES, AND RETURN OF UNSPENT FUND REVENUES FOR RACES INVOLVING SPECIAL ELECTIONS, RECOUNTS, VACANCIES, WITHDRAWALS, OR REPLACEMENT CANDIDATES.

SEC. 104. (1) NOTWITHSTANDING ANY OTHER PROVISION OF LAW TO THE CONTRARY, PARTICIPATING AND CERTIFIED CANDIDATES SHALL REPORT ANY MONEY COLLECTED, ALL CAMPAIGN EXPENDITURES, OBLIGATIONS, AND RELATED ACTIVITIES TO THE SECRETARY OF STATE ACCORDING TO PROCEDURES DEVELOPED BY THE SECRETARY OF STATE. UPON THE FILING OF A FINAL REPORT FOR ANY PRIMARY ELECTION IN WHICH THE CANDIDATE WAS DEFEATED AND FOR ALL GENERAL ELECTIONS, THAT CANDIDATE SHALL RETURN ALL UNSPENT FUND REVENUES TO THE SECRETARY OF STATE, FOR DEPOSIT IN THE FUND.

(2) IN DEVELOPING THESE PROCEDURES, THE SECRETARY OF STATE SHALL UTILIZE EXISTING CAMPAIGN REPORTING PROCEDURES, WHENEVER PRACTICABLE. THE SECRETARY OF STATE SHALL ENSURE TIMELY PUBLIC ACCESS TO CAMPAIGN FINANCE DATA AND MAY UTILIZE ELECTRONIC MEANS OF REPORTING AND STORING INFORMATION. THE SECRETARY OF STATE SHALL DEVELOP AND MAKE AVAILABLE TO PARTICIPATING AND CERTIFIED CANDIDATES THE NECESSARY SOFTWARE FOR FILING THE REPORTS REQUIRED UNDER THE MICHIGAN PUBLIC CAMPAIGN ACT BY ELECTRONIC MEANS.".

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,

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 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. 823 Yeas--46

Adamini Frank Mans Rivet

Anderson Garza McConico Schauer

Basham Gieleghem Murphy Spade

Bernero Hale Neumann Stallworth

Bogardus Hansen O'Neil Switalski

Bovin Hardman Pestka Waters

Brown, R. Jacobs Phillips Whitmer

Callahan Jamnick Plakas Williams

Clark, I. Kolb Quarles Wojno

Clarke, H. Lemmons Reeves Woodward

Daniels Lipsey Rison Zelenko

Dennis Lockwood

Nays--52

Allen George Koetje Richardville

Birkholz Gilbert Kowall Richner

Bisbee Godchaux Kuipers Rocca

Bishop Gosselin LaSata Scranton

Brown, C. Hager Mead Shackleton

Cassis Hart Meyer Shulman

Caul Howell Middaugh Stamas

DeRossett Hummel Mortimer Stewart

DeVuyst Jansen Newell Tabor

DeWeese Jelinek Pappageorge Toy

Drolet Johnson, Rick Patterson Van Woerkom

Ehardt Johnson, Ruth Pumford Vander Roest

Faunce Julian Raczkowski Voorhees

In The Chair: Ehardt

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. 759, entitled

The bill was read a third time.

The question being on the passage of the bill,

After debate,

Rep. Bishop 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. 824 Yeas--56

Nays--48

Adamini Dennis Lockwood Rison

Anderson Frank Mans Rivet

Basham Garza McConico Schauer

Bernero Gieleghem Minore Spade

Bogardus Hale Murphy Switalski

Bovin Hansen Neumann Thomas

Brown, B. Hardman O'Neil Waters

Brown, R. Jacobs Pestka Whitmer

Callahan Jamnick Phillips Williams

Clark, I. Kolb Plakas Wojno

Clarke, H. Lemmons Quarles Woodward

Daniels Lipsey Reeves Zelenko

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 1976 PA 388, entitled "An act to regulate political activity; to regulate campaign financing; to restrict campaign contributions and expenditures; to require campaign statements and reports; to regulate anonymous contributions; to regulate campaign advertising and literature; to provide for segregated funds for political purposes; to provide for the use of public funds for political purposes; to create certain funds; to provide for reversion, retention, or refunding of unexpended balances in certain funds; to require other statements and reports; to regulate acceptance of certain gifts, payments, and reimbursements; to prescribe the powers and duties of certain state departments and state and local officials and employees; to provide appropriations; to prescribe penalties and provide remedies; and to repeal certain acts and parts of acts," by amending sections 2, 7, 12, 15, 26, 29, 31, 42, 47, 52, 57, and 69 (MCL 169.202, 169.207, 169.212, 169.215, 169.226, 169.229, 169.231, 169.242, 169.247, 169.252, 169.257, and 169.269), sections 2 and 7 as amended by 1994 PA 385, section 12 as amended by 1995 PA 264, section 15 as amended by 2000 PA 201, sections 26, 29, and 42 as amended by 1999 PA 237, section 47 as amended by 1996 PA 225, and sections 52, 57, and 69 as amended by 1996 PA 590.

The motion prevailed.

The House agreed to the title as amended.

______

Reps. Jacobs, Garza, Hardman, Reeves, Dennis, Clark, Lockwood, Bogardus, Rison, Murphy, Zelenko, Whitmer, Woodward, Plakas, Schauer, Waters, Basham, Hale, Hansen, Anderson, Kolb, Williams, Gieleghem, Callahan, Lemmons, Wojno and O'Neil, 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 759 (H-4) because this bill will severely restrict the ability of average citizens throughout our state to participate in the political process. This bill prevents people from banding together to express a political belief, and from making sure that expression has a chance to be heard. And by requiring additional arbitrary paperwork, this bill in particular creates unfair hurdles for union members who want to participate in the political process.

In passing this bill, the Republicans are protecting the voices of the wealthy, while they stifle the voices of average people, working people, and retirees on fixed incomes.

Democrats today offered several amendments to this bill that could have helped to return fairness to our political process, and to make it possible that the voices of average people might be heard over, or at least alongside, the commanding and ever-present voices of the wealthy and powerful. The Republican majority voted all of these amendments down. The Republican majority refused to place any cap at all on how much wealthy donors can contribute to political parties to be used as soft money, and they refused to place a ban on political contributions from persons who are awarded lucrative state contracts.

Last week this body took 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. Last week this body ensured that, starting next November, Michigan voters will face longer lines at the polls, and that elections will be more costly to administer.

With the passage of SB 759 today, this body is delivering yet another attack on the right of the people of this state to participate in the political process, and another attack on our democratic way of life."

Rep. Spade, 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 759 (H-4) because this bill will severely restrict the ability of average citizens throughout our state to participate in the political process. This bill prevents people from banding together to express a political belief, and from making sure that expression has a chance to be heard. And by requiring additional arbitrary paperwork, this bill also creates unfair hurdles for union members who want to participate in the political process.

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

"Mr. Speaker and members of the House:

In passing this bill, the Republicans are protecting the voices of the wealthy, while they stifle the voices of average people, working people, and retirees on fixed incomes.

In addition, the tyrannical process by which the bill was advanced defied even the semblance of democratic assembly. Stifling debate--even preventing any debate--speaks volumes about the disdain in which the majority party holds the citizens of this state."

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:

I voted NO on SB 759 (H-1) tonight for so very many reasons, but the one that stands out tonight is the total lack of respect demonstrated by the Republican Caucus for the approximately 87,000 Michigan people represented by the 52 members of the Democratic Caucus. We were not provided a copy of H-1 substitute at all and it was not even available in the computer blue book. We were not allowed to adequately prepare amendments. We were not allowed to appropriately discuss the amendments on the floor. We were NOT allowed to speak at all on the bill when it was placed on final passage. I consider this an insult to the people I represent. It is now midnight and obviously it would have taken more time to let those of us who wanted to speak do so. It is things like this that clearly causes people to feel government really isn't about fair and full representation."

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. 759.

Rep. Richardville

By unanimous consent the House returned to the order of

Third Reading of Bills

Rep. Richardville moved that Senate Bill No. 516 be placed on its immediate passage.

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

Senate Bill No. 516, entitled

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

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

Roll Call No. 825 Yeas--96

Adamini Faunce Kuipers Rison

Allen Garza LaSata Rivet

Anderson George Lemmons Rocca

Basham Gieleghem Lipsey Schauer

Bernero Gilbert Lockwood Scranton

Birkholz Godchaux Mans Shackleton

Bisbee Gosselin Mead Shulman

Bishop Hager Meyer Spade

Bovin Hale Middaugh Stamas

Bradstreet Hansen Minore Stewart

Brown, B. Hardman Mortimer Switalski

Brown, C. Howell Neumann Tabor

Brown, R. Hummel Newell Toy

Callahan Jacobs O'Neil Van Woerkom

Cassis Jamnick Pappageorge Vander Roest

Caul Jansen Patterson Vear

Clark, I. Jelinek Pestka Voorhees

Clarke, H. Johnson, Rick Phillips Waters

Daniels Johnson, Ruth Plakas Whitmer

Dennis Julian Pumford 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:

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.

______

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

The motion prevailed.

Rep. Richardville moved that the House adjourn.

The motion prevailed, the time being 11:59 p.m.

Associate Speaker Pro Tempore Ehardt declared the House adjourned until Thursday, December 13, at 12:00 Noon.

GARY L. RANDALL

Clerk of the House of Representatives.

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

Type of Report	Facility	Report #	License #
Special Investigation Report	Green Oak Center	2001C0208043	CS470201159