hj05232t.049

No. 49

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

91st Legislature

REGULAR SESSION OF 2002

House Chamber, Lansing, Thursday, May 23, 2002.

12:00 Noon.

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

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

Adamini--present

Allen--present

Anderson--present

Basham--present

Bernero--present

Birkholz--present

Bisbee--present

Bishop--present

Bogardus--excused

Bovin--present

Bradstreet--present

Brown, Bob--present

Brown, Cameron--present

Brown, Rich--present

Callahan--present

Cassis--excused

Caul--present

Clark--present

Clarke--present

Daniels--present

Dennis--present

DeRossett--present

DeVuyst--present

DeWeese--present

Drolet--present

Ehardt--excused

Faunce--present

Frank--present

Garza--present

George--present

Gieleghem--present

Gilbert--present

Godchaux--present

Gosselin--present

Hager--present

Hale--present

Hansen--present

Hardman--e/d/s

Hart--present

Howell--present

Hummel--present

Jacobs--present

Jamnick--present

Jansen--present

Jelinek--excused

Johnson, Rick--present

Johnson, Ruth--present

Julian--present

Koetje--present

Kolb--present

Kooiman--present

Kowall--present

Kuipers--present

LaSata--present

Lemmons--present

Lipsey--present

Lockwood--present

Mans--present

McConico--present

Mead--present

Meyer--present

Middaugh--present

Minore--present

Mortimer--present

Murphy--present

Neumann--present

Newell--present

O'Neil--present

Palmer--present

Pappageorge--present

Patterson--present

Pestka--present

Phillips--present

Plakas--present

Pumford--present

Quarles--present

Raczkowski--present

Reeves--present

Richardville--present

Richner--present

Rison--excused

Rivet--present

Rocca--present

Schauer--present

Schermesser--excused

Scranton--present

Shackleton--present

Sheltrown--present

Shulman--present

Spade--present

Stallworth--present

Stamas--present

Stewart--present

Switalski--present

Tabor--present

Thomas--present

Toy--present

Van Woerkom--present

Vander Roest--present

Vander Veen--present

Vear--present

Voorhees--present

Waters--present

Whitmer--present

Williams--present

Wojno--present

Woodward--present

Woronchak--present

Zelenko--present

e/d/s = entered during session

Rep. Jim Howell, from the 94th District, offered the following invocation:

"Dear heavenly Father, we ask You to bless us on this day. We pray that You guide us with the faith and hope to effectively serve You and the great state of Michigan. We pray that You grant us the wisdom and patience to work together as a body of one, so that a sense of unity and confidence will be realized by the citizens of our great State. Also heavenly Father, we pray that You will bless and watch over our families. Give them the reassurance that we are here to serve the people, and by doing so, are serving You. Please bless our local and national leaders as well. We pray that all realize the condition of our world today, cast political affiliation aside, and work as one to bring peace on earth. In the name of our Lord, Jesus Christ, we pray. Amen."

______

Rep. Patterson moved that Reps. Cassis, Ehardt and Jelinek be excused from today's session.

The motion prevailed.

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

The motion prevailed.

Motions and Resolutions

Rep. Patterson moved to discharge the Committee on House Oversight and Operations from further consideration of House Resolution No. 448.

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

Rep. Patterson moved to suspend rule 45,

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

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.

Second Reading of Bills

House Bill No. 5958, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 8313, 8314, 8327, 8329, 8333, and 30113 (MCL 324.8313, 324.8314, 324.8327, 324.8329, 324.8333, and 324.30113), section 30113 as amended by 1995 PA 171, and by adding part 33; 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 Conservation and Outdoor Recreation,

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

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

______

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

The motion prevailed.

Rep. Scranton moved that Rep. Godchaux 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. 5958, 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--60

Allen Gosselin Mans Rocca

Birkholz Hager Mead Scranton

Bisbee Hart Meyer Shackleton

Bishop Howell Middaugh Sheltrown

Bovin Hummel Mortimer Shulman

Bradstreet Jansen Neumann Spade

Brown, C. Johnson, Rick Newell Stamas

Brown, R. Johnson, Ruth O'Neil Stewart

Caul Julian Palmer Tabor

DeRossett Koetje Pappageorge Toy

DeWeese Kooiman Patterson Vander Roest

Drolet Kowall Pumford Vander Veen

Faunce Kuipers Raczkowski Vear

George LaSata Richner Voorhees

Gilbert Lockwood Rivet Woronchak

Nays--35

Adamini Dennis McConico Switalski

Anderson Garza Minore Van Woerkom

Basham Gieleghem Murphy Waters

Bernero Hansen Pestka Whitmer

Brown, B. Jacobs Phillips Williams

Callahan Jamnick Plakas Wojno

Clark, I. Kolb Quarles Woodward

Clarke, H. Lemmons Reeves Zelenko

Daniels Lipsey Stallworth

In The Chair: Julian

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

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

The motion prevailed.

The House agreed to the title as amended.

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

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

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

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

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

The motion prevailed.

Second Reading of Bills

Senate Bill No. 794, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending section 2882 (MCL 333.2882), as amended by 1997 PA 54.

The bill was read a second time.

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

The motion prevailed.

House Bill No. 5291, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending sections 1, 22, and 35 of chapter XVII (MCL 777.1, 777.22, and 777.35), as amended by 2000 PA 279.

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

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

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

The motion prevailed.

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

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

Rep. Faunce moved to amend the bill as follows:

1. Amend page 4, following line 9, by inserting:

"Enacting section 1. This amendatory act takes effect October 1, 2002.".

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

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

The motion prevailed.

House Bill No. 4581, entitled

A bill to amend 1943 PA 240, entitled "State employees' retirement act," by amending section 45 (MCL 38.45), as amended by 1988 PA 351.

The bill was read a second time.

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

The motion prevailed.

House Bill No. 5336, entitled

A bill to amend 1989 PA 24, entitled "The district library establishment act," by amending section 13 (MCL 397.183), as amended by 1994 PA 114.

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

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

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

The motion prevailed.

Senate Bill No. 841, entitled

A bill to amend 1981 PA 80, entitled "Fiscal stabilization act," by amending section 4 (MCL 141.1004), as amended by 1987 PA 279; and to repeal acts and parts of acts.

The bill was read a second time.

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

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

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

The motion prevailed.

Senate Bill No. 1062, entitled

A bill to amend 1913 PA 380, entitled "An act to regulate gifts of real and personal property to cities, villages, townships, and counties, and the use of the those gifts; and to validate all such gifts made before the enactment of this act," by amending section 2 (MCL 123.872), as added by 1985 PA 9.

The bill was read a second time.

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

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

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

The motion prevailed.

Senate Bill No. 1074, entitled

A bill to amend 1925 PA 234, entitled "An act to provide for the creation and establishment of port districts; to prescribe their rights, powers, duties and privileges; to prescribe their powers of regulation in certain cases; to prescribe their powers in respect to acquiring, improving, enlarging, extending, operating, maintaining and financing various projects and the conditions upon which certain of said projects may extend into another state or county," by amending section 32 (MCL 120.32).

The bill was read a second time.

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

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

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

The motion prevailed.

Senate Bill No. 540, entitled

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

The bill was read a second time.

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

The motion prevailed.

Senate Bill No. 920, entitled

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

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

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

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

The motion prevailed.

House Bill No. 5879, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending sections 627, 1204a, 1277a, 1279, 1280, and 1280b (MCL 380.627, 380.1204a, 380.1277a, 380.1279, 380.1280, and 380.1280b), section 627 as amended by 1995 PA 289, section 1204a as amended by 1996 PA 159, section 1277a as added by 1993 PA 335, section 1279 as amended by 1997 PA 175, section 1280 as amended by 1997 PA 180, and section 1280b as added by 2000 PA 230, and by adding part 20c; 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-3) previously recommended by the Committee on Education,

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

Rep. Spade moved to amend the bill as follows:

1. Amend page 34, line 23, after "DEPARTMENT" by striking out the balance of the sentence and inserting a period.

2. Amend page 34, line 26, after the first "THE" by striking out "STATE TREASURER" and inserting "SUPERINTENDENT OF PUBLIC INSTRUCTION".

3. Amend page 34, line 26, after "DEPARTMENT" by striking out "OF TREASURY".

4. Amend page 35, line 5, after "THE" by striking out "STATE TREASURER" and inserting "SUPERINTENDENT OF PUBLIC INSTRUCTION".

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

Rep. Spade demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 799 Yeas--47

Adamini Garza Neumann Stallworth

Anderson Godchaux O'Neil Stewart

Basham Gosselin Pestka Switalski

Bernero Hale Phillips Thomas

Bovin Hansen Pumford Toy

Brown, B. Jacobs Quarles Waters

Brown, R. Jamnick Raczkowski Whitmer

Callahan Lemmons Reeves Williams

Clarke, H. Lipsey Richardville Wojno

Dennis Lockwood Schauer Woodward

DeRossett Mans Sheltrown Zelenko

Frank Minore Spade

Nays--41

Allen Gieleghem Kooiman Richner

Bisbee Gilbert Kowall Rocca

Bishop Hager Kuipers Shackleton

Bradstreet Hart LaSata Shulman

Brown, C. Hummel Mead Stamas

Caul Jansen Meyer Van Woerkom

Clark, I. Johnson, Rick Middaugh Vander Roest

DeWeese Johnson, Ruth Palmer Vander Veen

Drolet Julian Pappageorge Vear

Faunce Koetje Patterson Voorhees

George

In The Chair: Julian

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

The motion prevailed.

House Bill No. 5880, entitled

A bill to amend 1999 PA 94, entitled "Michigan merit award scholarship act," by amending sections 4 and 9 (MCL 390.1454 and 390.1459).

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

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

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

The motion prevailed.

House Bill No. 6066, entitled

A bill to amend 2001 PA 63, entitled "History, arts, and libraries act," by amending sections 2 and 21 (MCL 399.702 and 399.721) and by adding sections 7 and 22.

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

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

Rep. Allen moved to substitute (H-2) the bill.

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

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

The motion prevailed.

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

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

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 6066, entitled

A bill to amend 2001 PA 63, entitled "History, arts, and libraries act," by amending sections 2 and 21 (MCL 399.702 and 399.721) and by adding sections 7 and 22.

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

Roll Call No. 800 Yeas--96

Adamini Gilbert McConico Scranton

Allen Godchaux Mead Shackleton

Anderson Hager Meyer Sheltrown

Basham Hale Middaugh Shulman

Bernero Hansen Minore Spade

Birkholz Hart Mortimer Stallworth

Bisbee Howell Murphy Stamas

Bishop Hummel Neumann Stewart

Bovin Jacobs Newell Switalski

Brown, B. Jamnick O'Neil Tabor

Brown, C. Jansen Pappageorge Thomas

Brown, R. Johnson, Rick Patterson Toy

Caul Johnson, Ruth Pestka Van Woerkom

Clark, I. Julian Phillips Vander Roest

Clarke, H. Koetje Plakas Vander Veen

Daniels Kolb Pumford Vear

Dennis Kooiman Quarles Voorhees

DeRossett Kowall Raczkowski Waters

DeWeese Kuipers Reeves Whitmer

Faunce LaSata Richardville Williams

Frank Lemmons Richner Wojno

Garza Lipsey Rivet Woodward

George Lockwood Rocca Woronchak

Gieleghem Mans Schauer Zelenko

Nays--5

Bradstreet Drolet Gosselin Palmer

Callahan

In The Chair: Julian

The House agreed to the title of the bill.

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

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

Second Reading of Bills

House Bill No. 6062, entitled

A bill to amend 1987 PA 230, entitled "Municipal health facilities corporations act," by amending section 305 (MCL 331.1305), as amended by 1988 PA 502.

The bill was read a second time.

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

The motion prevailed.

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

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

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 6062, entitled

A bill to amend 1987 PA 230, entitled "Municipal health facilities corporations act," by amending section 305 (MCL 331.1305), as amended by 1988 PA 502.

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--100

Adamini George Lockwood Rocca

Allen Gieleghem Mans Schauer

Anderson Gilbert McConico Shackleton

Basham Godchaux Mead Sheltrown

Bernero Gosselin Meyer Shulman

Birkholz Hager Middaugh Spade

Bisbee Hale Minore Stallworth

Bishop Hansen Mortimer Stamas

Bovin Hart Murphy Stewart

Bradstreet Howell Neumann Switalski

Brown, B. Hummel Newell Tabor

Brown, C. Jacobs O'Neil Thomas

Brown, R. Jamnick Palmer Toy

Callahan Jansen Pappageorge Van Woerkom

Caul Johnson, Rick Patterson Vander Roest

Clark, I. Johnson, Ruth Pestka Vander Veen

Clarke, H. Julian Phillips Vear

Daniels Koetje Plakas Voorhees

Dennis Kolb Pumford Waters

DeRossett Kooiman Quarles Whitmer

DeWeese Kowall Raczkowski Williams

Drolet Kuipers Reeves Wojno

Faunce LaSata Richardville Woodward

Frank Lemmons Richner Woronchak

Garza Lipsey Rivet Zelenko

Nays--1

Scranton

In The Chair: Julian

The House agreed to the title of the bill.

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

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

Second Reading of Bills

House Bill No. 4852, entitled

A bill to provide for the exemption of certain property from certain taxes; to levy and collect a specific tax upon the owners of certain property; to provide for the disposition of the tax; to clarify the ownership of certain parcels of property; to prescribe the powers and duties of certain local government officials; and to provide penalties.

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

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

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

The motion prevailed.

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

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

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 4852, 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. 802 Yeas--96

Adamini Garza Lockwood Schauer

Allen George Mans Scranton

Anderson Gilbert McConico Shackleton

Basham Godchaux Mead Shulman

Bernero Gosselin Meyer Spade

Birkholz Hager Middaugh Stallworth

Bisbee Hale Mortimer Stamas

Bishop Hansen Murphy Stewart

Bovin Hart Neumann Switalski

Bradstreet Howell Newell Tabor

Brown, B. Hummel Palmer Thomas

Brown, C. Jacobs Pappageorge Toy

Brown, R. Jansen Patterson Van Woerkom

Callahan Johnson, Rick Pestka Vander Roest

Caul Johnson, Ruth Phillips Vander Veen

Clark, I. Julian Plakas Vear

Clarke, H. Koetje Pumford Voorhees

Daniels Kolb Quarles Waters

Dennis Kooiman Raczkowski Whitmer

DeRossett Kowall Reeves Williams

DeWeese Kuipers Richardville Wojno

Drolet LaSata Richner Woodward

Faunce Lemmons Rivet Woronchak

Frank Lipsey Rocca Zelenko

Nays--1

Sheltrown

In The Chair: Julian

The House agreed to the title of the bill.

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

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

Second Reading of Bills

House Bill No. 4853, 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 4 (MCL 21.144) and by adding section 2e.

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

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

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

The motion prevailed.

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

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

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 4853, 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. 803 Yeas--99

Adamini George Mans Schauer

Allen Gieleghem McConico Scranton

Anderson Gilbert Mead Shackleton

Basham Godchaux Meyer Shulman

Bernero Gosselin Middaugh Spade

Birkholz Hager Minore Stallworth

Bisbee Hale Mortimer Stamas

Bishop Hansen Murphy Stewart

Bovin Hart Neumann Switalski

Bradstreet Howell Newell Tabor

Brown, B. Hummel O'Neil Thomas

Brown, C. Jacobs Palmer Toy

Brown, R. Jansen Pappageorge Van Woerkom

Callahan Johnson, Rick Patterson Vander Roest

Caul Johnson, Ruth Pestka Vander Veen

Clark, I. Julian Phillips Vear

Clarke, H. Koetje Plakas Voorhees

Daniels Kolb Pumford Waters

Dennis Kooiman Quarles Whitmer

DeRossett Kowall Raczkowski Williams

DeWeese Kuipers Reeves Wojno

Drolet LaSata Richardville Woodward

Faunce Lemmons Richner Woronchak

Frank Lipsey Rivet Zelenko

Garza Lockwood Rocca

Nays--1

Sheltrown

In The Chair: Julian

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

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

The motion prevailed.

The House agreed to the title as amended.

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

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

Second Reading of Bills

House Bill No. 6008, entitled

A bill to amend 1971 PA 174, entitled "Office of child support act," by amending sections 1, 3, 3a, 4b, 6, 7, and 9 (MCL 400.231, 400.233, 400.233a, 400.234b, 400.236, 400.237, and 400.239), section 1 as amended and sections 6, 7, and 9 as added by 1999 PA 161 and sections 3 and 3a as amended and section 4b as added by 1998 PA 112, and by adding section 10.

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

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

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

The motion prevailed.

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

The motion did not prevail, a majority of the members not voting therefor.

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

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

______

Rep. Hardman entered the House Chambers.

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 6008, entitled

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

Roll Call No. 804 Yeas--54

Allen Gosselin Mead Scranton

Birkholz Hager Meyer Shackleton

Bisbee Hart Middaugh Shulman

Bishop Howell Mortimer Stamas

Bradstreet Hummel Newell Stewart

Brown, C. Jansen Palmer Tabor

Caul Johnson, Rick Pappageorge Toy

DeRossett Johnson, Ruth Patterson Van Woerkom

DeWeese Julian Pumford Vander Roest

Drolet Koetje Raczkowski Vander Veen

Faunce Kooiman Richardville Vear

George Kowall Richner Voorhees

Gilbert Kuipers Rocca Woronchak

Godchaux LaSata

Nays--48

Adamini Frank Mans Schauer

Anderson Garza McConico Sheltrown

Basham Gieleghem Minore Spade

Bernero Hale Murphy Stallworth

Bovin Hansen Neumann Switalski

Brown, B. Hardman O'Neil Thomas

Brown, R. Jacobs Pestka Waters

Callahan Jamnick Phillips Whitmer

Clark, I. Kolb Plakas Williams

Clarke, H. Lemmons Quarles Wojno

Daniels Lipsey Reeves Woodward

Dennis Lockwood Rivet Zelenko

In The Chair: Julian

______

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 have voted no on this bill because it constitutes 'privatization' of the 12 month arrearages of child support payments with no discussion of a proper bidding process and no discussion of how to pay the cost of the collection services. Generally collection agencies charge on average 30% of the amount being collected. Having been a single mother, I have first hand knowledge of what this loss of monies will mean in the care of a child, let alone children should there be more than one child involved."

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:

This bill is a poor attempt to address many concerns and issues that relate to the fundamental principle of parents being responsible for the financial needs of their children. Ideally, parents should want to ensure that the basic needs of their children are met. Unfortunately in Michigan there are over a million children who are owed back child support by their parents. These parents have failed to provide for their children for many reasons including but not limited to unemployment, illness, misplaced anger towards the custodial parent and just plain apathy. When child support is paid, parents and the Legislature expect that that payment would reach the child expeditiously and intact without any deductions taken from the support.

This bill does not address one of the best ways to improve the overburdened system, more staff. This bill may also jeopardize funding to the Friends of the Court and adversely impact their federal incentive award. Finally, this bill would allow the Family Independence Agency to contract out and privatize child support collections to various collection agencies. There has been no evidence to substantiate that they would do a better job than the current Friend of the Court employees. In fact, it may result in the loss of child support dollars to the very children who need the money."

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:

Unfortunately, this is not the case. There are many reports of numerous problems with the Friends of the Court throughout the entire state. There are problems with scheduling hearings, problems with insensitive caseworkers, problems with delayed payments, problems with numerous pending paternity claims and so on. This is not to say that the employees of the Friend of the Court are not doing a great job. They are doing their best under the current conditions. This bill does not address one of the best ways to improve the overburdened system, more staff. This bill may also jeopardize funding to the Friends of the Court and adversely impact their federal incentive award. Finally, this bill would allow the Family Independence Agency to contract out and privatize child support collections to various collection agencies. There has been no evidence to substantiate that they would do a better job than the current Friend of the Court employees. In fact, it may result in the loss of child support dollars to the very children who need the money. Finally, given the record of this administration on 'no-bid' contracts, this proposal has all the signs of yet another boondoggle."

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

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

The question being on the passage of the bill,

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

The motion prevailed.

Second Reading of Bills

Senate Bill No. 1101, entitled

A bill to make appropriations for the department of community health and certain state purposes related to mental health, public health, and medical services for the fiscal year ending September 30, 2003; to provide for the expenditure of those appropriations; to create funds; to require and provide for reports; to prescribe the powers and duties of certain local and state agencies and departments; and to provide for disposition of fees and other income received by the various state agencies.

(The bill was read a second time, substitute (H-1) and amendments adopted and bill postponed temporarily on May 22, see House Journal No. 48, p. 1651.)

Rep. Bernero moved to amend the bill as follows:

1. Amend page 4, line 25, after "services" by striking out "500,000" and inserting "1,000,000" and adjusting the subtotals, totals, and section 201 accordingly.

2. Amend page 54, following line 15, by inserting:

"Sec. 445. (1) From the funds appropriated in part 1 for adolescents mental health services, $500,000.00 shall be allocated to support pilot programs by CMHSPs to provide school and community-based mental health services to at-risk nonspecial education children and adolescents. The appropriated funds shall also be used by CMHSPs to provide consultation to local school districts for meeting the mental health needs of at-risk nonspecial education children and adolescents.

(2) CMHSPs shall collaborate with local school districts and local family independence agencies in implementing the pilot projects. Local school districts and local family independence agencies shall also be required to provide matching funds in implementing the pilot projects.

(3) The pilot projects described in this section shall be completely voluntary for CMHSPs.

(4) The department, in consultation with CMHSPs, shall provide quarterly reports to the members of the house and senate appropriations subcommittees on community health, the house and senate fiscal agencies, and the state budget office as to any activities by CMHSPs to pilot projects under this section.".

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

Rep. Bernero moved to amend the bill as follows:

1. Amend page 54 following line 15, by inserting:

"Sec. 445. (1) A community mental health services program recipient, after failing to obtain resolution of a problem through a local CMHSP grievance process, may request and receive a department organized review of his or her complaint by a clinician or clinicians independent of the consumer, provider, and service manager.

(2) This review opportunity shall apply to any CMHSPs determination resulting in the denial, reduction, or termination of an admission, availability of care, continued stay or other specialty service or support.

(3) The final decision emanating from the department-organized review shall be binding on the service manager and provider.

(4) Procedures shall be in place to expedite the opportunity for the department-organized review in the event emergency circumstances exist.

(5) If the recipient is enrolled in Medicaid and grieving a Medicaid covered service, nothing in subsections (2) through (4) may supplant the recipient's right under federal provisions to seek a Medicaid fair hearing.".

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

Rep. Bernero moved to amend the bill as follows:

1. Amend page 4, line 20, by striking out "274,813,800" and inserting "275,063,800".

2. Amend page 5, following line 11, by inserting:

"Tobacco settlement revenue 250,000"

and adjusting the subtotals, totals, and section 201 accordingly.

3. Amend page 54, following line 15, following section 445, by inserting:

"Sec. 446. Of the funds appropriated in part 1 for community mental health non-Medicaid services, $250,000.00 shall be allocated to a law enforcement fund to reimburse local sheriffs and police officers for the transportation of mental health patients. This fund may be accessed by CMHSPs to reimburse local sheriff and police departments for transportation of mental health patients.".

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

Rep. Bernero demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 805 Yeas--52

Anderson Frank Mans Rocca

Basham George McConico Schauer

Bernero Gieleghem Minore Sheltrown

Bishop Gilbert Murphy Spade

Bovin Hale Neumann Switalski

Brown, B. Hansen Patterson Thomas

Brown, R. Hardman Pestka Toy

Callahan Jacobs Plakas Waters

Caul Jamnick Quarles Whitmer

Clark, I. Kolb Raczkowski Wojno

Clarke, H. Lemmons Reeves Woodward

Daniels Lipsey Richardville Woronchak

Dennis Lockwood Rivet Zelenko

Nays--32

Allen Howell Kowall Richner

Birkholz Hummel Kuipers Shackleton

Bisbee Jansen LaSata Stewart

Brown, C. Johnson, Rick Mead Tabor

DeRossett Johnson, Ruth Meyer Van Woerkom

Drolet Julian Middaugh Vander Veen

Faunce Koetje Newell Vear

Hager Kooiman Palmer Voorhees

In The Chair: Julian

Rep. Daniels moved to amend the bill as follows:

1. Amend page 11, line 1, by striking out "1,025,000" and inserting "1,225,000".

2. Amend page 11, line 18, by striking out "9,273,500" and inserting "9,473,500" and adjusting the subtotals, totals, and section 201 accordingly.

3. Amend page 66, following line 14, following section 1026, by inserting:

"Sec. 1028. From the funds appropriated for injury control intervention, $200,000.00 shall be allocated to the Mohican homeowners association for fire prevention education programming.".

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

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

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

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

Rep. Daniels withdrew the amendments.

Rep. Switalski moved to amend the bill as follows:

1. Amend page 9, line 26, by striking out "462,300" and inserting "512,300".

2. Amend page 61, following line 24, by inserting:

"Sec. 906. From the funds appropriated in part 1 for local health services, the department shall allocate $50,000.00 for the continuation of a study to identify the sources of pollution and those responsible for polluting in the Clinton river watershed, and, upon completion of the pollution study, for a hydrology analysis of the Clinton river watershed.".

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

Rep. Stallworth moved to amend the bill as follows:

1. Amend page 66, following line 14, following section 1027, by inserting:

"Sec. 1028. From the funds appropriated in part 1 for the African-American male health initiative, $500,000.00 shall be allocated to the African-American male health initiative program at Henry Ford health system.".

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

______

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

The motion prevailed.

Rep. Neumann moved to amend the bill as follows:

1. Amend page 105, line 15, by striking out all of section 1684a.

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

Rep. Neumann demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 806 Yeas--24

Anderson Hansen O'Neil Spade

Bovin Hardman Pestka Switalski

Brown, R. Jacobs Phillips Thomas

Clark, I. Kolb Rivet Toy

Frank Mans Schauer Wojno

Gieleghem Neumann Sheltrown Woodward

Nays--57

Allen Gosselin Mead Richner

Birkholz Hager Meyer Rocca

Bisbee Hale Middaugh Scranton

Bishop Howell Mortimer Shackleton

Brown, C. Hummel Newell Stallworth

Callahan Jansen Palmer Stamas

Caul Johnson, Ruth Pappageorge Stewart

DeRossett Julian Patterson Tabor

DeWeese Koetje Plakas Van Woerkom

Drolet Kooiman Pumford Vander Roest

Faunce Kowall Quarles Vander Veen

Garza Kuipers Raczkowski Vear

George LaSata Reeves Voorhees

Gilbert Lemmons Richardville Woronchak

Godchaux

In The Chair: Julian

Rep. Bernero moved to amend the bill as follows:

1. Amend page 81, following line 4, by inserting:

"Sec. 1604. (1) The department shall ascertain the steps required for federal approval to utilize the social security substantial gainful activity level as the state's Medicaid spend-down protected income level for nonelderly individuals receiving social security disability income.

(2) The department, after appropriate consultation with the federal government, shall project an annual cost to the department's budget if federal approval for the protected income level change referenced in subsection (1) were granted.

(3) Not later than November 1, 2002, the department shall report its findings regarding subsections (1) and (2) to the members of the house and senate appropriations subcommittees on community health, the house and senate fiscal agencies, and the state budget director.".

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

Rep. Bernero moved to amend the bill as follows:

1. Amend page 112, following line 27, following section 1709, by inserting:

"Sec. 1710. (1) A recipient under the Medicaid program or other state-funded health care services may not be denied access to or restricted in the use of a prescription drug or the treatment of a mental illness.

(2) The department and any entity that provides prescription drugs to recipients of Medicaid or other state-funded health care services shall make available to recipients prescription drugs that are used for the treatment of mental illness without any restrictions or limitations, including prior authorization, when the prescription drug is used for the treatment of mental illness.".

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

Rep. Stallworth moved to amend the bill as follows:

1. Amend page 89, line 23, by striking out "school of medicine at Michigan State University," and inserting "schools of medicine at Michigan State University and Wayne State University,".

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

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

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

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

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

Rep. Stallworth moved to amend the bill as follows:

1. Amend page 81, line 18, by striking out all of section 1607 and inserting:

"Sec. 1607. (1) An applicant for Medicaid, whose qualifying condition is pregnancy, shall immediately be presumed to be eligible for Medicaid coverage unless the preponderance of evidence in her application indicates otherwise. The applicant who is qualified as described in this subsection shall be allowed to select and/or remain with the obstetrician of her choice.

(2) An applicant qualified as described in subsection (1) shall be given a letter of authorization to receive Medicaid covered services related to her pregnancy. All qualifying applicants shall be entitled to receive all medically necessary obstetrical and prenatal care without preauthorization from a health plan. All claims submitted for payment for obstetrical and prenatal care shall be paid at the Medicaid fee-for-service rate in the event a contract does not exist between the obstetrical and/or prenatal care provider and the managed care plan. The applicant shall receive a listing of Medicaid physicians and managed care plans in the immediate vicinity of the applicant's residence.".

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

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

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

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

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

Rep. Neumann moved to amend the bill as follows:

1. Amend page 16, following line 25, by inserting:

"Long-term care innovations grants 10,000,000".

2. Amend page 17, line 11, by striking out "65,007,200" and inserting "75,007,200" and adjusting the subtotals, totals, and section 201 accordingly.

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

Rep. Neumann demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 807 Yeas--48

Anderson Frank Minore Sheltrown

Basham Garza Neumann Spade

Bernero Gieleghem O'Neil Stamas

Bovin Hale Pestka Switalski

Brown, B. Hansen Phillips Thomas

Brown, R. Jacobs Plakas Vear

Callahan Jamnick Quarles Voorhees

Caul Kolb Reeves Williams

Clarke, H. Lemmons Rivet Wojno

Daniels Lipsey Rocca Woodward

Dennis Lockwood Schauer Woronchak

DeWeese Mans Scranton Zelenko

Nays--43

Allen Godchaux Kowall Pumford

Birkholz Gosselin Kuipers Raczkowski

Bisbee Hager LaSata Richardville

Bishop Hart Mead Richner

Bradstreet Howell Meyer Stewart

Brown, C. Hummel Middaugh Tabor

DeRossett Jansen Mortimer Toy

Drolet Johnson, Ruth Newell Van Woerkom

Faunce Julian Palmer Vander Roest

George Koetje Pappageorge Vander Veen

Gilbert Kooiman Patterson

In The Chair: Julian

______

Rep. Vander Roest moved that Reps. Rick Johnson, Shulman and Bisbee 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. Zelenko moved that Rep. Murphy be excused temporarily from today's session.

The motion prevailed.

Rep. Phillips moved to amend the bill as follows:

1. Amend page 11, line 21, by striking out "5,242,300" and inserting "5,742,300".

2. Amend page 12, line 26, by striking out "43,117,700" and inserting "43,617,700".

3. Amend page 66, following line 23, by inserting:

"Sec. 1101a. From the funds appropriated in part 1 for adolescent and child health care, $500,000.00 shall be allocated for the teen pregnancy prevention program in the city of Pontiac.".

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

Rep. Phillips demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 808 Yeas--40

Adamini Dennis Lemmons Reeves

Anderson Frank Lipsey Rivet

Basham Garza Lockwood Stallworth

Bernero Gieleghem Mans Switalski

Bovin Hale McConico Thomas

Brown, R. Hansen Minore Waters

Callahan Hardman O'Neil Williams

Clark, I. Jacobs Phillips Wojno

Clarke, H. Jamnick Plakas Woodward

Daniels Kolb Quarles Zelenko

Nays--54

Allen Hart Mortimer Shackleton

Birkholz Howell Neumann Sheltrown

Bishop Hummel Newell Spade

Bradstreet Jansen Palmer Stamas

Brown, C. Johnson, Ruth Pappageorge Stewart

Caul Julian Patterson Tabor

DeRossett Koetje Pumford Toy

DeWeese Kooiman Raczkowski Van Woerkom

Drolet Kowall Richardville Vander Roest

Faunce Kuipers Richner Vander Veen

George LaSata Rocca Vear

Gilbert Mead Schauer Voorhees

Gosselin Meyer Scranton Woronchak

Hager Middaugh

In The Chair: Julian

Rep. George moved to amend the bill as follows:

1. Amend page 54, following line 5, by inserting:

"Sec. 445. The department shall provide to the community mental health services programs a fixed net cost rate for services provided by the state. This rate shall be equal to the operating cost of providing the service to the resident, minus that part of the operating cost paid by federal and private funds, and minus the amount received by the state as reimbursement from those persons and insurers who are financially liable for the cost of such service. These rates shall be developed by October 1, 2002, and included in the contract between the department and community mental health services programs. The department shall use this rate for community mental health services programs general fund authorization as well as the rate which the department bills community mental health services programs for state provided services.".

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

Rep. Mortimer moved to amend the bill as follows:

1. Amend page 112, following line 27, following section 1709, by inserting:

"Sec. 1710. Any proposed changes by the department to the MIChoice home and community based services waiver program screening process shall be provided to the members of the house and senate appropriations subcommittees on community health at least 30 days prior to implementation of the proposed changes.".

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

Rep. Stallworth moved to amend the bill as follows:

1. Amend page 112, following line 27, following section 1710, by inserting:

"Sec. 1711. The department shall provide an annual program report to the members of the house and senate appropriations subcommittees on community health and the house and senate fiscal agencies on the hospitalization utilization of Medicaid recipients by disease category.".

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

Rep. Stallworth moved to amend the bill as follows:

1. Amend page 88, following line 5, by inserting:

"Sec. 1625. Implementation of the pharmaceutical best practice initiative is subject to the following conditions:

(a) By May 15, 2003, the department shall provide a report to the members of the house and senate appropriations subcommittees on community health and the house and senate fiscal agencies identifying the prescribed drugs that are grandfathered in as preferred drugs and available without prior authorization. The report shall assess strategies to improve the drug prior authorization process.

(b) The department's pharmacy and therapeutics committee shall conduct all business at public meetings held in compliance with the open meetings act, 1976 PA 267, MCL 15.261 to 15.275. Public notice of the time, date, and place of each meeting shall be given in the manner required by the open meetings act, 1976 PA 267, MCL 15.261 to 15.275.

(c) The department shall assure compliance with the published Medicaid bulletin implementing the Michigan pharmaceutical best practices initiative program. The department shall also include this information on its website.".

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

Rep. Mortimer moved to amend the bill as follows:

1. Amend page 86, following line 25, by inserting:

"(h) The department shall recommend to the governor, for appointment, an individual to represent consumers on the pharmacy and therapeutics committee.".

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

Rep. Stallworth moved to amend the bill as follows:

1. Amend page 88, following line 5, by inserting:

"Sec. 1625. Implementation of the pharmaceutical best practice initiative is subject to the following conditions:

(b) Effective April 1, 2003, the department's pharmacy and therapeutics committee shall conduct all business at public meetings held in compliance with the open meetings act, 1976 PA 267, MCL 15.261 to 15.275. Public notice of the time, date, and place of each meeting shall be given in the manner required by the open meetings act, 1976 PA 267, MCL 15.261 to 15.275.

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

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

1. Amend page 32, line 12, by striking out all of section 307 and inserting:

"Sec. 307. From the funds appropriated in part 1 for primary care services, an amount not to exceed $5,490,900.00 is appropriated to enhance the service capacity of the federally qualified health centers and other health centers which are similar to federally qualified health centers, and $150,000.00 is appropriated to the Sterling area health center.".

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

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

1. Amend page 112, following line 27, section 1709, after "that county for" by striking out "any" and inserting "the entire".

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

Rep. Schauer moved to amend the bill as follows:

1. Amend page 11, line 8, by striking out "10,007,800" and inserting "19,007,800".

2. Amend page 11, line 16, by striking out "1,500,000" and inserting "10,500,000" and adjusting the subtotals, totals, and section 201 accordingly.

3. Amend page 66, following line 14, following section 1029, by inserting the following:

"Sec. 1030. The additional tobacco settlement revenue that the state expects to receive as a result of the 2002 agreement with Brown & Williamson Tobacco Corporation, when deposited to the Michigan tobacco settlement trust fund and to the Michigan merit award trust fund, is appropriated for smoking prevention programs. As used in this section, "tobacco settlement revenue" means that term as defined in section 2 of the Michigan Merit Award Scholarship Act, 1999 PA 94, MCL 390.1452.".

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

Rep. Schauer demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 809 Yeas--46

Adamini Frank Mans Scranton

Anderson Garza McConico Sheltrown

Basham George Minore Spade

Bernero Gieleghem Murphy Stallworth

Bovin Hale Neumann Switalski

Brown, B. Hansen O'Neil Thomas

Brown, R. Hardman Plakas Waters

Callahan Jacobs Raczkowski Williams

Clark, I. Jamnick Reeves Wojno

Clarke, H. Kolb Rivet Woodward

Dennis Lemmons Schauer Zelenko

DeWeese Lockwood

Nays--47

Allen Hager Mead Shackleton

Birkholz Hart Meyer Stamas

Bisbee Howell Middaugh Stewart

Bishop Hummel Mortimer Tabor

Bradstreet Jansen Newell Toy

Brown, C. Johnson, Ruth Palmer Van Woerkom

Caul Julian Pappageorge Vander Roest

DeRossett Koetje Patterson Vander Veen

Drolet Kooiman Pumford Vear

Faunce Kowall Richardville Voorhees

Gilbert Kuipers Richner Woronchak

Gosselin LaSata Rocca

In The Chair: Julian

Rep. Daniels moved to amend the bill as follows:

1. Amend page 3, line 3, by striking out "12,448,000" and inserting "12,228,000".

2. Amend page 3, line 21, by striking out "42,763,400" and inserting "42,563,400".

3. Amend page 11, line 1, by striking out "1,025,000" and inserting "1,225,000".

4. Amend page 11, line 18, by striking out "9,273,500" and inserting "9,473,500" and adjusting the subtotals, totals, and section 201 accordingly.

5. Amend page 66, following line 14, following section 1028, by inserting:

"Sec. 1029. From the funds appropriated in part 1 for injury control intervention project, $200,000.00 shall be allocated to the Mohican homeowners association for fire prevention education programming.".

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

Rep. Neumann moved to amend the bill as follows:

1. Amend page 105, line 16, after "benefits" by striking out the balance of the sentence and inserting a period.

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

Rep. Neumann demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 810 Yeas--47

Anderson Frank Neumann Stallworth

Basham Garza O'Neil Switalski

Bernero Gieleghem Pestka Toy

Bovin Hale Plakas Vear

Brown, B. Hansen Quarles Voorhees

Brown, R. Hardman Reeves Waters

Callahan Jacobs Richardville Whitmer

Clark, I. Kolb Rivet Williams

Clarke, H. Lemmons Rocca Wojno

Daniels Lockwood Schauer Woodward

Dennis Mans Sheltrown Zelenko

DeWeese Minore Spade

Nays--44

Allen Gosselin Kowall Pumford

Birkholz Hager Kuipers Raczkowski

Bisbee Hart LaSata Richner

Bishop Howell Mead Scranton

Bradstreet Hummel Meyer Stamas

Brown, C. Jansen Middaugh Stewart

Caul Johnson, Rick Mortimer Tabor

DeRossett Johnson, Ruth Newell Van Woerkom

Faunce Julian Palmer Vander Roest

George Koetje Pappageorge Vander Veen

Gilbert Kooiman Patterson Woronchak

In The Chair: Julian

Rep. Cassis moved to amend the bill as follows:

1. Amend page 61, line 18, after "Sec. 905." by striking out the balance of the section and inserting "In implementing the new funding distribution methodology developed by the local public health operations funding formula workgroup, the department shall allocate to local health departments in fiscal year 2002-2003 no less than 100% of their fiscal year 2001-2002 allocation.".

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

Rep. Schauer moved to amend the bill as follows:

1. Amend page 32, line 12, by striking out all of section 307 and inserting:

"Sec. 307. (1) From the funds appropriated in part 1 for primary care services, $3,972,200.00 is allocated to the following organizations:

(a) $400,000.00 to ACCESS.

(b) $300,000.00 to the Arab-American and Chaldean council.

(d) $150,000.00 to the center for family health.

(e) $279,500.00 to Cherry street health services.

(f) $1,029,700.00 to the community health and social services center.

(g) $125,000.00 to the Detroit community health connection.

(h) $300,000.00 to the family health center-Battle Creek in which $150,000.00 of this amount is designated for opening a family health center in Albion.

(i) $286,300.00 to the Hamilton avenue health center.

(j) $25,000.00 to the Mackinac Island health center.

(k) $150,000.00 to Mid-Michigan health services.

(l) $438,500.00 to the North Oakland medical center.

(m) $150,000.00 to the Sterling Area health center.

(n) $183,100.00 to the Upper Peninsula association of rural health services.

(2) A total of $1,668,300.00 is allocated to the federally qualified health centers and federally qualified health center lookalikes to support their participation in indigent care programs. The department shall allocate the remaining funding based on the total number of users with no insurance or on Medicaid as reported in the most recent universal data system reports submitted to the United States department of health and human services of those federally qualified health centers and lookalikes.".

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

Rep. Schauer demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 811 Yeas--45

Anderson Gieleghem McConico Stallworth

Basham Hale Minore Switalski

Bernero Hansen Mortimer Toy

Bovin Hardman Neumann Vander Roest

Brown, B. Jacobs O'Neil Waters

Brown, R. Jamnick Plakas Whitmer

Callahan Kolb Raczkowski Williams

Clark, I. Lemmons Reeves Wojno

Clarke, H. Lipsey Schauer Woodward

Daniels Lockwood Shackleton Woronchak

Dennis Mans Sheltrown Zelenko

Garza

Nays--41

Allen Gosselin Kowall Richardville

Birkholz Hager Kuipers Richner

Bisbee Hart LaSata Rocca

Brown, C. Howell Mead Spade

Caul Hummel Middaugh Stamas

DeRossett Jansen Newell Stewart

Drolet Johnson, Ruth Palmer Tabor

Faunce Julian Pappageorge Van Woerkom

George Koetje Patterson Vear

Gilbert Kooiman Pumford Voorhees

Godchaux

In The Chair: Julian

Rep. Schauer moved to amend the bill as follows:

1. Amend page 86, line 15, after "website." by inserting "The membership of the pharmacy and therapeutics committee shall be modified to include 1 consumer member.".

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

Rep. Schauer demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 812 Yeas--47

Anderson Garza Mans Sheltrown

Basham George McConico Spade

Bernero Gieleghem Minore Stallworth

Bovin Hale Neumann Switalski

Brown, B. Hansen O'Neil Thomas

Brown, R. Hardman Pestka Waters

Callahan Jacobs Plakas Whitmer

Clark, I. Jamnick Quarles Williams

Clarke, H. Kolb Reeves Wojno

Daniels Lemmons Rivet Woodward

Dennis Lipsey Schauer Zelenko

Frank Lockwood Scranton

Nays--50

Allen Gosselin Mead Rocca

Birkholz Hager Meyer Shackleton

Bisbee Hart Middaugh Stamas

Bishop Howell Mortimer Stewart

Bradstreet Hummel Newell Tabor

Brown, C. Jansen Palmer Toy

Caul Johnson, Ruth Pappageorge Van Woerkom

DeRossett Julian Patterson Vander Roest

DeWeese Koetje Pumford Vander Veen

Drolet Kooiman Raczkowski Vear

Faunce Kowall Richardville Voorhees

Gilbert Kuipers Richner Woronchak

Godchaux LaSata

In The Chair: Julian

Rep. Bernero moved to amend the bill as follows:

1. Amend page 3, line 3, by striking out "12,448,000" and inserting "12,348,000".

2. Amend page 3, line 21, by striking out "42,763,400" and inserting "42,663,400".

3. Amend page 4, line 20, by striking out "274,813,800" and inserting "274,913,800".

4. Amend page 5, line 13, by striking out "1,087,304,200" and inserting "1,087,404,200" and adjusting the subtotals, totals, and section 201 accordingly.

5. Amend page 54, following line 15, following section 445, by inserting:

"Sec. 446. Of the funds appropriated in part 1 for community mental health non-Medicaid services, $250,000.00 shall be allocated to a crisis response team pilot project with Clinton-Eaton-Ingham community mental health services. The pilot project shall compose a team of psychiatric and police professionals to respond to mental health crises in the community.".

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

______

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

The motion prevailed.

Reps. Lockwood and Kowall moved to amend the bill as follows:

1. Amend page 61, line 18, by striking out all of section 905 and inserting:

"Sec. 905. In implementing the new funding distribution methodology developed by the local public health operations funding formula workgroup, the department shall allocate to local health departments in fiscal year 2002-2003 no less than 100% of their fiscal year 2001-2002 allocation.".

The question being on the adoption of the amendment offered by Reps. Lockwood and Kowall,

Rep. Lockwood demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendment offered by Reps. Lockwood and Kowall,

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

Roll Call No. 813 Yeas--92

Allen Gieleghem Lockwood Schauer

Anderson Gilbert Mans Scranton

Basham Godchaux McConico Shackleton

Bernero Hager Mead Sheltrown

Birkholz Hale Meyer Spade

Bisbee Hansen Middaugh Stallworth

Bishop Hardman Minore Stamas

Bovin Hart Mortimer Stewart

Brown, B. Howell Neumann Switalski

Brown, C. Hummel Newell Tabor

Brown, R. Jacobs O'Neil Thomas

Callahan Jamnick Pappageorge Toy

Caul Jansen Patterson Van Woerkom

Clark, I. Johnson, Ruth Pestka Vander Roest

Clarke, H. Julian Phillips Vander Veen

Daniels Koetje Plakas Vear

Dennis Kolb Pumford Voorhees

DeRossett Kooiman Raczkowski Whitmer

DeWeese Kowall Reeves Williams

Faunce Kuipers Richardville Wojno

Frank LaSata Richner Woodward

Garza Lemmons Rivet Woronchak

George Lipsey Rocca Zelenko

Nays--4

Bradstreet Drolet Gosselin Palmer

In The Chair: Julian

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

The motion prevailed.

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

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

By unanimous consent the House returned to the order of

Third Reading of Bills

Senate Bill No. 1101, entitled

The bill was read a third time.

The question being on the passage of the bill,

Rep. Mortimer 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 voting therefor.

Second Reading of Bills

Senate Bill No. 1101, entitled

Rep. Mortimer moved to reconsider the vote by which the House did not adopt the amendment offered previously by Rep. Bernero.

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

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

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

Rep. Bernero moved to reconsider the vote by which the House adopted the amendments offered previously by Rep. Bernero.

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

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

The amendments were not adopted, a majority of the members serving not voting therefor.

Rep. Bernero moved to amend the bill as follows:

1. Amend page 3, line 3, by striking out "12,228,000" and inserting "12,147,000".

2. Amend page 3, line 21, by striking out "42,563,400" and inserting "42,462,400".

3. Amend page 4, line 20, by striking out "274,813,800" and inserting "274,914,800".

4. Amend page 5, line 13, by striking out "1,087,304,200" and inserting "1,087,405,200" and adjusting the subtotals, totals, and section 201 accordingly.

5. Amend page 54, following line 15, following section 445, by inserting:

"Sec. 446. Of the funds appropriated in part 1 for community mental health non-Medicaid services, $101,000.00 shall be allocated to a crisis response team pilot project with Clinton-Eaton-Ingham community mental health services. The pilot project shall compose a team of psychiatric and police professionals to respond to mental health crises in the community.".

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

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

The motion prevailed.

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

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

By unanimous consent the House returned to the order of

Third Reading of Bills

The House returned to the consideration of

Senate Bill No. 1101, entitled

(The bill was considered earlier today, see today's Journal, p. 1683)

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. 814 Yeas--93

Adamini Gieleghem Lockwood Rocca

Allen Gilbert Mans Schauer

Anderson Godchaux Mead Shackleton

Basham Hager Meyer Sheltrown

Bernero Hale Middaugh Spade

Birkholz Hansen Minore Stallworth

Bisbee Hardman Mortimer Stamas

Bishop Hart Murphy Stewart

Bovin Howell Neumann Switalski

Bradstreet Hummel Newell Tabor

Brown, B. Jacobs O'Neil Toy

Brown, C. Jamnick Palmer Van Woerkom

Brown, R. Jansen Pappageorge Vander Roest

Caul Johnson, Ruth Pestka Vander Veen

Clark, I. Julian Phillips Vear

Clarke, H. Koetje Plakas Voorhees

Daniels Kolb Pumford Waters

Dennis Kooiman Quarles Whitmer

DeRossett Kowall Raczkowski Williams

DeWeese Kuipers Reeves Wojno

Faunce LaSata Richardville Woodward

Frank Lemmons Richner Woronchak

Garza Lipsey Rivet Zelenko

George

Nays--4

Callahan Drolet Gosselin Patterson

In The Chair: Julian

The House agreed to the title of the bill.

______

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

"Mr. Speaker and members of the House:

I voted against Senate Bill 1101 today because the bill before us today has a point of difference on almost every line item in this budget. By passing this bill today, we are taking away our rights as members of this chamber to work toward a bill that takes into account the economic reality of our state right now. This bill does nothing to address the deficits facing this budget in the current year or in FY 2003 and leaves the tough funding decisions to only six members--taking it out of the hands of all 146 members that represent the people of this state. It is our job as elected officials to stay here until we finish the job we were elected to do."

By unanimous consent the House returned to the order of

Messages from the Senate

The Speaker laid before the House

House Bill No. 5899, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 801 (MCL 257.801), as amended by 2000 PA 502.

(The bill was received from the Senate on May 22, with substitute (S-2), full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 48, p. 1630.)

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

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

Roll Call No. 815 Yeas--84

Adamini George Lockwood Rivet

Allen Gieleghem Mans Rocca

Anderson Gilbert Mead Schauer

Basham Godchaux Meyer Scranton

Bernero Gosselin Middaugh Shackleton

Birkholz Hager Mortimer Sheltrown

Bisbee Hale Murphy Spade

Bishop Hansen Neumann Stamas

Bovin Hart Newell Stewart

Bradstreet Howell O'Neil Switalski

Brown, B. Hummel Palmer Tabor

Brown, C. Jamnick Pappageorge Toy

Brown, R. Jansen Patterson Van Woerkom

Caul Johnson, Ruth Pestka Vander Roest

Clark, I. Julian Phillips Vander Veen

Clarke, H. Koetje Plakas Vear

Dennis Kooiman Pumford Voorhees

DeRossett Kowall Quarles Whitmer

DeWeese Kuipers Raczkowski Wojno

Drolet LaSata Richardville Woodward

Faunce Lipsey Richner Woronchak

Nays--9

Callahan Hardman Reeves Waters

Daniels Jacobs Thomas Zelenko

Garza

In The Chair: Julian

The House agreed to the full title of the bill.

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

Second Reading of Bills

Senate Bill No. 1204, entitled

A bill to amend 1951 PA 77, entitled "An act providing for the specific taxation of low grade iron ore, of low grade iron ore mining property, and of rights to minerals in lands containing low grade iron ores; to provide for the collection and distribution of the specific tax; to make an appropriation; and to prescribe the powers and duties of the state geologist and township supervisors and treasurers with respect to the specific tax," by amending sections 3 and 4 (MCL 211.623 and 211.624), section 4 as amended by 1994 PA 367.

The bill was read a second time.

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

The motion prevailed.

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

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

By unanimous consent the House returned to the order of

Third Reading of Bills

Senate Bill No. 1204, 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. 816 Yeas--100

Adamini George Lipsey Rivet

Allen Gieleghem Lockwood Rocca

Anderson Gilbert Mans Schauer

Basham Godchaux McConico Scranton

Bernero Gosselin Mead Shackleton

Birkholz Hager Meyer Sheltrown

Bisbee Hale Middaugh Spade

Bishop 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 Palmer Van Woerkom

Caul Jansen Pappageorge Vander Roest

Clark, I. Johnson, Rick Patterson Vander Veen

Clarke, H. Johnson, Ruth Pestka Vear

Daniels Julian Phillips Voorhees

Dennis Koetje Plakas Waters

DeRossett Kolb Pumford Whitmer

DeWeese Kooiman Quarles Williams

Drolet Kowall Raczkowski Wojno

Faunce Kuipers Reeves Woodward

Frank LaSata Richardville Woronchak

Garza Lemmons Richner Zelenko

Nays--0

In The Chair: Julian

The House agreed to the title of the bill.

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

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

Second Reading of Bills

The House returned to the consideration of

House Bill No. 5879, entitled

(The bill was considered earlier today, see today's Journal, p. 1675)

Reps. Godchaux and Switalski moved to amend the bill as follows:

1. Amend page 30, following line 14, by inserting:

"(17) EXCEPT FOR DETERMINING WHETHER A SCHOOL IS ACCREDITED OR UNACCREDITED, THE DEPARTMENT SHALL NOT ASSIGN ANY GRADE OR LABEL TO A SCHOOL BASED ON ITS ASSESSMENT OF THE SCHOOL UNDER THIS SECTION." and renumbering the remaining subsection.

The question being on the adoption of the amendment offered by Reps. Godchaux and Switalski,

Rep. Godchaux demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendment offered by Reps. Godchaux and Switalski,

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

Roll Call No. 817 Yeas--101

Adamini Gieleghem Lockwood Rocca

Allen Gilbert Mans Schauer

Anderson Godchaux McConico Scranton

Basham Gosselin Mead Shackleton

Bernero Hager Meyer Sheltrown

Birkholz Hale Middaugh Spade

Bisbee Hansen Minore Stallworth

Bishop Hardman Mortimer Stamas

Bovin Hart Murphy Stewart

Bradstreet Howell Neumann Switalski

Brown, B. Hummel Newell Tabor

Brown, C. Jacobs O'Neil Thomas

Brown, R. Jamnick Palmer Toy

Callahan Jansen Pappageorge Van Woerkom

Caul Johnson, Rick Patterson Vander Roest

Clark, I. Johnson, Ruth Pestka Vander Veen

Clarke, H. Julian Phillips Vear

Daniels Koetje Plakas Voorhees

Dennis Kolb Pumford Waters

DeRossett Kooiman Quarles Whitmer

DeWeese Kowall Raczkowski Williams

Drolet Kuipers Reeves Wojno

Faunce LaSata Richardville Woodward

Frank Lemmons Richner Woronchak

Garza Lipsey Rivet Zelenko

George

Nays--0

In The Chair: Julian

Rep. Palmer moved to amend the bill as follows:

1. Amend page 28, following line 12, by inserting:

"(K) IF THE DEPARTMENT INCLUDES A SCHOOL ON THE PRIORITY SCHOOLS LIST UNDER SUBDIVISION (A), THE BOARD OR BOARD OF DIRECTORS OF THE SCHOOL DISTRICT SHALL ENSURE THAT A SCHOOL ADMINISTRATOR EMPLOYED AT THE SCHOOL IS NOT GIVEN ANY SALARY INCREASE UNTIL AFTER THE SCHOOL IS REMOVED FROM THE PRIORITY SCHOOLS LIST." and relettering the remaining subdivision.

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

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

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

Rep. Bradstreet demanded the yeas and nays.

The demand was supported.

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

The motion prevailed, a majority of the members voting therefor, by yeas and nays, as follows:

Roll Call No. 818 Yeas--46

Adamini Dennis McConico Richardville

Anderson Drolet Meyer Rivet

Basham Gieleghem Minore Schauer

Bernero Gosselin Murphy Sheltrown

Bishop Hale O'Neil Voorhees

Bovin Hansen Pappageorge Waters

Bradstreet Hummel Phillips Whitmer

Brown, B. Jacobs Plakas Williams

Brown, R. Jamnick Pumford Wojno

Clark, I. Kolb Quarles Woodward

Clarke, H. Lipsey Raczkowski Zelenko

Daniels Mans

Nays--23

Allen Howell Kuipers Scranton

Bisbee Johnson, Rick LaSata Shulman

Gilbert Johnson, Ruth Mead Switalski

Godchaux Julian Mortimer Toy

Hager Koetje Patterson Vear

Hart Kowall Rocca

In The Chair: Julian

______

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

Introduction of Bills

Reps. Allen, Bradstreet, Mead, Faunce, Anderson, Spade, Lockwood, Gosselin, Julian, Voorhees, Howell, Kowall, Shackleton, Kuipers, Toy, Pappageorge, Cassis, Patterson, Middaugh, Vear, Tabor, Van Woerkom, Gilbert, Hummel, Vander Roest, Cameron Brown, Richardville, Caul, Stamas, Bishop, Bisbee, Meyer, Scranton, Ruth Johnson, Pumford, Rivet, McConico, Rich Brown, Lipsey, Adamini, Kolb, Waters, Zelenko, Clark, DeRossett, DeWeese, Hager, Kooiman, Lemmons and Raczkowski introduced

House Bill No. 6115, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," (MCL 206.1 to 206.532) by adding section 270.

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

Rep. Callahan introduced

House Bill No. 6116, entitled

A bill to repeal 1935 PA 140, entitled "An act to prohibit endurance contests known as walkathons and similar endurance contests; to prescribe a penalty for the violation thereof, and to repeal Act No. 65 of the Public Acts of 1933," (MCL 752.161 to 752.162).

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

Reps. Koetje, Richardville, Kuipers and Vander Veen introduced

House Bill No. 6117, entitled

A bill to provide for the regulation, construction, and operation of manufactured housing parks.

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

Reps. Koetje, Richardville, Mead, Kuipers, Daniels and Vander Veen introduced

House Bill No. 6118, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 252a, 252b, 252d, and 252g (MCL 257.252a, 257.252b, 257.252d, and 257.252g), section 252a as amended by 2000 PA 306, section 252b as amended and section 252g as added by 1981 PA 104, and section 252d as amended by 2000 PA 76.

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

Reps. Birkholz, Toy, Pumford, Richardville, Mead, Stewart, Basham, Middaugh, Voorhees, Schauer, Vander Veen, Hager, Kolb, Lockwood, Gosselin, Scranton, Richner, Cameron Brown, Spade, Ruth Johnson, Rocca, Caul, Stamas, Hart, Tabor, Faunce, Godchaux and Lemmons introduced

House Bill No. 6119, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," (MCL 206.1 to 206.532) by adding section 438.

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

Reps. Birkholz, Toy, Richardville, Mead, Stewart, Basham, Middaugh, Voorhees, Schauer, Vander Veen, Hager, Kolb, Lockwood, Gosselin, Scranton, Richner, Cameron Brown, Spade, Ruth Johnson, Rocca, Stamas, Caul, Hart, Tabor, Faunce, Godchaux and Lemmons introduced

House Bill No. 6120, entitled

A bill to establish the Amanda's fund for breast cancer research in the department of community health; to provide for the distribution of money from the fund; to prescribe the duties and powers of certain agencies and officials; and to provide for appropriations.

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

Reps. Richner, Bishop, Bisbee, Middaugh and Rivet introduced

House Bill No. 6121, entitled

A bill to prohibit certain lending practices; to require disclosure of certain information for home loans; to prescribe certain duties and obligations of the lender in a home loan transaction; to prescribe the powers and duties of certain state agencies and officials; and to prescribe penalties and provide for remedies.

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

Reps. Bishop, Bisbee and Middaugh introduced

House Bill No. 6122, entitled

A bill to amend 1987 PA 173, entitled "Mortgage brokers, lenders, and servicers licensing act," (MCL 445.1651 to 445.1684) by adding section 24a.

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

Reps. Middaugh, Bisbee and Bishop introduced

House Bill No. 6123, 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 10a.

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

Reps. Koetje, Bisbee, Middaugh and Bishop introduced

House Bill No. 6124, entitled

A bill to amend 1996 PA 354, entitled "Savings bank act," (MCL 487.3101 to 487.3804) by adding section 435.

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

Reps. Bisbee, Middaugh and Bishop introduced

House Bill No. 6125, entitled

A bill to amend 1999 PA 276, entitled "Banking code of 1999," (MCL 487.11101 to 487.15105) by adding section 4206.

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

Reps. Waters, Bisbee, Middaugh, Bishop, Rivet and McConico introduced

House Bill No. 6126, entitled

A bill to amend 1981 PA 125, entitled "The secondary mortgage loan act," (MCL 493.51 to 493.81) by adding section 24a.

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

Reps. McConico, Bisbee, Middaugh and Bishop introduced

House Bill No. 6127, entitled

A bill to amend 1980 PA 307, entitled "Savings and loan act of 1980," (MCL 491.102 to 491.1202) by adding section 737.

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

Rep. Kowall introduced

House Bill No. 6128, entitled

A bill to amend 1939 PA 3, entitled "An act to provide for the regulation and control of public utilities and other services affected with a public interest within this state; to provide for alternative energy suppliers; to provide for licensing; to include municipally owned utilities and other providers of energy under certain provisions of this act; to create a public service commission and to prescribe and define its powers and duties; to abolish the Michigan public utilities commission and to confer the powers and duties vested by law on the public service commission; to provide for the continuance, transfer, and completion of certain matters and proceedings; to abolish automatic adjustment clauses; to prohibit certain rate increases without notice and hearing; to qualify residential energy conservation programs permitted under state law for certain federal exemption; to create a fund; to provide for a restructuring of the manner in which energy is provided in this state; to encourage the utilization of resource recovery facilities; to prohibit certain acts and practices of providers of energy; to allow for the securitization of stranded costs; to reduce rates; to provide for appeals; to provide appropriations; to declare the effect and purpose of this act; to prescribe remedies and penalties; and to repeal acts and parts of acts," (MCL 460.1 to 460.10cc) by adding sections 9, 9a, 9b, 9c, 9d, 9e, 9f, and 9g.

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

By unanimous consent the House returned to the order of

Notices

The Speaker appointed as conferees, on the part of the House of Representatives for House Bill No. 5642,
Reps. Pumford, Vander Roest and Phillips.

The Speaker appointed as conferees, on the part of the House of Representatives for House Bill No. 5645,
Reps. Jansen, Toy and Switalski.

The Speaker appointed as conferees, on the part of the House of Representatives for House Bill No. 5650,
Reps. Cameron Brown, Pappageorge and Whitmer.

The Speaker appointed as conferees, on the part of the House of Representatives for House Bill No. 5651,
Reps. Shackleton, Kooiman and Stallworth.

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, May 23:

House Bill Nos. 6088 6089 6090 6091 6092 6093 6094 6095 6096 6097 6098 6099 6100 6101 6102 6103 6104 6105 6106 6107 6114

The Clerk announced that the following Senate bills had been received on Thursday, May 23:

Senate Bill Nos. 112 1278 1308

Communications from State Officers

The following communication from the Barry, Branch and Calhoun County Michigan Works! was received and read:

May 20, 2002

Enclosed are copies of the revised Youth Plan and Comprehensive Adult Plan for the Workforce Investment Act (WIA), as developed by the Workforce Development Board and Chief Elected Officials of the Barry, Branch and Calhoun Michigan Works! service delivery area. If you have any questions, please contact our Workforce Development Team at 616-789-2409.

Sincerely,

Elaine Furu-Baker

Director of Workforce

Development

The communication was referred to the Clerk.

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

Notices of Filing

Administrative Rules

April 16, 2002

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 10:10 A.M. this date, administrative rule (02-04-04) for the Department of Agriculture, Fairs, Exhibitions and Racing Division, entitled "Regulation No. 851. Michigan State Fair", effective 7 days hereafter.

April 16, 2002

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 2:40 P.M. this date, administrative rule (02-04-05) for the Department of Agriculture, Fairs, Exhibitions and Racing Division, entitled "Regulation No. 808. Payment of Breeder's Awards", effective 7 days hereafter.

April 16, 2002

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 2:42 P.M. this date, administrative rule (02-04-06) for the Department of Agriculture, Fairs, Exhibitions and Racing Division, entitled "Regulation No. 814. Michigan Futurity", effective 7 days hereafter.

April 16, 2002

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 2:20 P.M. this date, administrative rule (02-04-09) for the Department of Agriculture, Pesticide and Plant Pest Management Division, entitled "Regulation 628, Seed Potato Certificate", effective 15 days hereafter.

May 13, 2002

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 2:50 P.M. this date, administrative rule (02-05-01) for the Department of Consumer and Industry Services, Director's Office, entitled "Real Estate Appraisers", 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.

______

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

The motion prevailed.

Rep. Patterson moved that when the House adjourns today it stand adjourned until Tuesday, May 28, at 12:00 Noon.

The motion prevailed.

By unanimous consent the House returned to the order of

Motions and Resolutions

Reps. Ruth Johnson, Birkholz, Kolb, Raczkowski, Shulman, Pappageorge, Toy, Bishop and Lemmons offered the following resolution:

House Resolution No. 456.

A resolution to urge the Department of Environmental Quality to take certain actions to address the issue of the disposal of used electronic equipment and materials.

Whereas, Electronic waste, specifically the cathode ray tubes in televisions and computer monitors, is a new and significant waste product stemming from our increasingly technology-based society; and

Whereas, Hazardous components within electronics equipment often contain toxic materials, such as lead, mercury, and cadmium, which, if released into the environment, can have a harmful effect on our natural resources. This is a national concern that is shared by the people of Michigan; and

Whereas, Electronics manufacturers and trade associations have acknowledged this concern and are working on design changes, supporting pilot collection programs, and participating in state and national dialog; and

Whereas, Some Michigan communities have taken responsibility for recycling electronic waste that would otherwise go to municipal solid waste landfills and incinerators at costs that will only increase; and

Whereas, The adequacy of the infrastructure and capacity for handling electronic waste in an environmentally responsible manner is unknown; and

Whereas, Part 145 of 1994 PA 451, the Natural Resources and Environmental Protection Act, charges the Department of Environmental Quality with responsibility for facilitating pollution prevention activities, including recycling; now, therefore, be it

Resolved by the House of Representatives, That we urge the Department of Environmental Quality to conduct an assessment of the unregulated electronic waste stream generated in Michigan and of the state's capacity for managing this waste. We ask that this assessment be completed by December 1, 2003; and be it further

Resolved, That we urge the Department of Environmental Quality to establish an electronics recycling strategy that adequately and effectively addresses electronic waste generated in this state by focusing on the reuse and recycling of these materials. We urge that this strategy include public awareness initiatives to inform the public of the hazards of electronic waste; and be it further

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

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

Reps. Richner, Richardville, Howell, DeVuyst, Rivet, Faunce, Vander Roest, Sheltrown, Zelenko, Julian, Neumann, Lemmons, Tabor, Vear, Kuipers, Mead, Dennis, Jacobs, Rich Brown, Wojno, Bishop, Adamini, Woodward, Jamnick, Hale, Gieleghem, Lipsey, Hansen, Pappageorge, Hager, Kowall, Shackleton, Voorhees, Van Woerkom, George, Meyer, Spade, Gosselin, Drolet, Murphy, LaSata, Anderson, Kolb, DeRossett, Toy, Clarke, Switalski, DeWeese, Raczkowski, Koetje, Thomas, Lockwood, Shulman and Phillips offered the following resolution:

House Resolution No. 457.

A resolution honoring Richard Strowger upon his retirement as Executive Director for the Detroit Historical Society.

Whereas, It is with deep appreciation for the hard work, dedication, and professionalism that Richard Strowger has put forth on behalf of the Detroit Historical Society, that we offer this expression of our thanks and best wishes in his retirement. As the people of the Detroit Historical Society recognize the loyalty and devotion of this conscientious individual, we add our sentiments of gratitude for a job well done; and

Whereas, In the course of Mr. Strowger's long and productive service as Executive Director for the Detroit Historical Society, he contributed to the growth and the reputation of this institution. This growth included the expansion of the Detroit Historical Museum in the Cultural Center Area. In addition, Mr. Strowger was instrumental in the development of the Bank One Plaza, which creates a unique landmark that ties the museum to the rest of the cultural center; and

Whereas, Mr. Strowger's personal senses of dedication, integrity, and creativity have proven invaluable in developing the Detroit Historical Museum into a world-class museum. His superiors and colleagues alike depended upon his consistency in meeting each task with a positive attitude. There can be little doubt that the record of Richard Strowger will continue to reap rewards for the Detroit Historical Society. We offer our thanks on this personal milestone; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body honor Richard Strowger upon his retirement as Executive Director for the Detroit Historical Society. May he enjoy the happiest of retirements; and be it further

Resolved, That a copy of this resolution be transmitted to Richard Strowger as a token of our esteem.

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.

Reps. DeWeese, Richardville, Howell, DeVuyst, Rivet, Faunce, Vander Roest, Sheltrown, Bernero, Zelenko, Julian, Neumann, Lemmons, Tabor, Vear, Kuipers, Mead, Jacobs, Rich Brown, Bishop, Adamini, Woodward, Jamnick, Hale, Jansen, Gieleghem, Lipsey, Hansen, Richner, Pappageorge, Hager, Kowall, Shackleton, Voorhees, Van Woerkom, George, Meyer, Spade, Drolet, Murphy, LaSata, Kolb, DeRossett, Toy, Clarke, Switalski, Mortimer, Raczkowski, Koetje, Thomas, Lockwood, Kooiman, Shulman and Phillips offered the following resolution:

House Resolution No. 458.

A resolution commemorating the 25th anniversary of the Capital Area Center for Independent Living (CACIL) and expressing appreciation for their valuable contributions to Michigan.

Whereas, We are proud to join with the members, officers, and friends of CACIL as they gather to mark the 25th anniversary of this outstanding group. This milestone is a reflection of their unselfishness and commitment to the common good that is most commendable. While the members of this distinguished organization celebrate 25 years of service, we offer our thanks for the gifts they have shared within the Lansing area and throughout Michigan; and

Whereas, CACIL can trace its origins back to 1977 and the aspirations of its founders. In the years that have followed since they first came together, this organization has continued in its mission to serve those with disabilities. Equipped with the belief that all people should have a choice and control over their daily lives, CACIL provides members of the disabled community with advocacy, peer support, independent living skills, rehabilitation nursing and counseling, case management for transitions, and accessibility consultation; and

Whereas, With ceremonies to celebrate its history, the members and officers of the CACIL remember the visions of many people and the years of commitment that have brought the group to this point. Fittingly, as they look to the past, they will also be casting an eye to the future and to the many ways in which the CACIL will continue to reach out in our state with programs like the Camelot Awards or the Living Well with a Disability; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body commemorate the 25th anniversary of Capital Area Center for Independent Living (CACIL) and express appreciation for their valuable contributions to Michigan; and be it further

Resolved, That a copy of this resolution be transmitted to the Capital Area Center for Independent Living as evidence of our esteem.

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.

Messages from the Senate

House Bill No. 4874

A bill to amend 1976 PA 442, entitled "An act to provide for public access to certain public records of public bodies; to permit certain fees; to prescribe the powers and duties of certain public officers and public bodies; to provide remedies and penalties; and to repeal certain acts and parts of acts," by amending section 13 (MCL 15.243), as amended by 2002 PA 130.

The Senate has concurred in the House amendments to the Senate substitute (S-4).

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

House Bill No. 5107, entitled

A bill to amend 1969 PA 317, entitled "Worker's disability compensation act of 1969," by amending section 161 (MCL 418.161), as amended by 1996 PA 460.

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. 5750, entitled

A bill to amend 1984 PA 44, entitled "Motor fuels quality act," by amending section 4a (MCL 290.644a), as amended by 2002 PA 13.

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.

Senate Bill No. 112, entitled

A bill to amend 1967 (Ex Sess) PA 7, entitled "Urban cooperation act of 1967," by amending sections 2, 3, 4, 10, and 12 (MCL 124.502, 124.503, 124.504, 124.510, and 124.512), section 2 as amended by 1995 PA 108 and section 10 as amended by 1985 PA 10.

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. 1278, entitled

A bill to amend 1975 PA 228, entitled "Single business tax act," by amending section 19 (MCL 208.19), as amended by 2001 PA 278.

The Senate has passed the bill.

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

Senate Bill No. 1308, entitled

A bill to amend 1969 PA 317, entitled "Worker's disability compensation act of 1969," by amending section 853 (MCL 418.853), as amended by 1994 PA 271.

The Senate has passed the bill.

The bill was read a first time by its title and referred to the Committee on Employment Relations, Training and Safety.

By unanimous consent the House returned to the order of

Reports of Standing Committees

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

House Bill No. 4330, entitled

A bill to amend 1999 PA 94, entitled "Michigan merit award scholarship act," by amending sections 2 and 7 (MCL 390.1452 and 390.1457).

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

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

Favorable Roll Call

HB 4330 To Report Out:

Yeas: Reps. Kuipers, Meyer, Allen, Bradstreet, Hager, Hart, Ruth Johnson, Palmer, Van Woerkom, Voorhees, Hansen, Clark, Gieleghem, Spade, Zelenko,

Nays: None.

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

Senate Bill No. 143, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending sections 951, 954, 955, and 971 (MCL 380.951, 380.954, 380.955, and 380.971), section 951 as amended by 1990 PA 147 and section 971 as amended by 1995 PA 289, and by adding section 957.

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 143 To Report Out:

Yeas: Reps. Kuipers, Meyer, Allen, Bradstreet, Hager, Hart, Ruth Johnson, Palmer, Van Woerkom, Voorhees, Hansen, Clark, Gieleghem, Spade, Zelenko,

Nays: None.

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Thursday, May 23, 2002, at 9:00 a.m.,

Present: Reps. Kuipers, Meyer, Allen, Bradstreet, Hager, Hart, Ruth Johnson, Palmer, Van Woerkom, Voorhees, Hansen, Clark, Gieleghem, Spade, Zelenko,

Absent: Reps. Bogardus, McConico,

Excused: Reps. Bogardus, McConico.

The Committee on Veterans Affairs, by Rep. Richardville, Chair, reported

House Bill No. 5888, entitled

A bill to provide for the disposition of certain military artifacts; and to require compliance with federal law.

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

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

Favorable Roll Call

HB 5888 To Report Out:

Yeas: Reps. Richardville, Woronchak, Allen, Patterson, Mans, Woodward,

Nays: None.

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Richardville, Chair of the Committee on Veterans Affairs, was received and read:

Meeting held on: Thursday, May 23, 2002, at 9:00 a.m.,

Present: Reps. Richardville, Woronchak, Allen, Patterson, Mans, Woodward,

Absent: Rep. Schermesser,

Excused: Rep. Schermesser.

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

House Bill No. 4754, entitled

A bill to amend 1954 PA 116, entitled "Michigan election law," by amending section 482 (MCL 168.482), as amended by 1998 PA 142.

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

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

Favorable Roll Call

HB 4754 To Report Out:

Yeas: Reps. Patterson, Hummell, Allen, Bishop, Hart, Quarles, Jamnick,

Nays: None.

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Thursday, May 23, 2002, at 10:00 a.m.,

Present: Reps. Patterson, Hummell, Allen, Bishop, Hart, Quarles, Jamnick,

Absent: Reps. Cassis, Lemmons,

Excused: Reps. Cassis, Lemmons.

______

Rep. Kolb moved that the House adjourn.

The motion prevailed, the time being 4:50 p.m.

Associate Speaker Pro Tempore Julian declared the House adjourned until Tuesday, May 28, at 12:00 Noon.

GARY L. RANDALL

Clerk of the House of Representatives.

Allen	Gosselin	Mans	Rocca
Birkholz	Hager	Mead	Scranton
Bisbee	Hart	Meyer	Shackleton
Bishop	Howell	Middaugh	Sheltrown
Bovin	Hummel	Mortimer	Shulman
Bradstreet	Jansen	Neumann	Spade
Brown, C.	Johnson, Rick	Newell	Stamas
Brown, R.	Johnson, Ruth	O'Neil	Stewart
Caul	Julian	Palmer	Tabor
DeRossett	Koetje	Pappageorge	Toy
DeWeese	Kooiman	Patterson	Vander Roest
Drolet	Kowall	Pumford	Vander Veen
Faunce	Kuipers	Raczkowski	Vear
George	LaSata	Richner	Voorhees
Gilbert	Lockwood	Rivet	Woronchak

Adamini	Dennis	McConico	Switalski
Anderson	Garza	Minore	Van Woerkom
Basham	Gieleghem	Murphy	Waters
Bernero	Hansen	Pestka	Whitmer
Brown, B.	Jacobs	Phillips	Williams
Callahan	Jamnick	Plakas	Wojno
Clark, I.	Kolb	Quarles	Woodward
Clarke, H.	Lemmons	Reeves	Zelenko
Daniels	Lipsey	Stallworth

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