No. 66

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

93rd Legislature


REGULAR SESSION OF 2006


House Chamber, Lansing, Wednesday, June 28, 2006.

1:00 p.m.

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

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

Accavitti--present Elsenheimer--present Law, Kathleen--present Robertson--present

Acciavatti--present Emmons--present Leland--present Rocca--present

Adamini--present Espinoza--present Lemmons, III--present Sak--present

Amos--present Farhat--present Lemmons, Jr.--present Schuitmaker--present

Anderson--present Farrah--present Lipsey--present Shaffer--present

Angerer--present Gaffney--present Marleau--present Sheen--excused

Ball--present Garfield--present Mayes--present Sheltrown--present

Baxter--present Gillard--present McConico--present Smith, Alma--present

Bennett--present Gleason--present McDowell--present Smith, Virgil--present

Bieda--present Gonzales--present Meisner--present Spade--present

Booher--present Gosselin--present Meyer--present Stahl--present

Brandenburg--present Green--present Miller--present Stakoe--present

Brown--present Hansen--present Moolenaar--present Steil--present

Byrnes--present Hildenbrand--present Moore--present Stewart--present

Byrum--present Hood--present Mortimer--present Taub--present

Casperson--present Hoogendyk--present Murphy--present Tobocman--present

Caswell--present Hopgood--present Newell--present Vagnozzi--present

Caul--present Huizenga--present Nitz--present Van Regenmorter--present

Cheeks--present Hummel--present Nofs--present Vander Veen--present

Clack--present Hune--present Palmer--present Walker--present

Clemente--present Hunter--present Palsrok--present Ward--present

Condino--present Jones--present Pastor--present Waters--present

Cushingberry--present Kahn--present Pavlov--present Wenke--present

DeRoche--present Kolb--present Pearce--present Williams--present

Dillon--present Kooiman--present Plakas--present Wojno--present

Donigan--present LaJoy--present Polidori--present Zelenko--present

Drolet--present Law, David--present Proos--present

e/d/s = entered during session

Rep. Dave Robertson, from the 51st District, offered the following invocation:

"Lord God, Father of all mankind,

You have appointed us, through the votes of the people of Michigan, to serve You and our state as leaders and as lawmakers for our people. Guide our hearts, our minds, and our hands as we go about our duties today so that we deal with the problems that our state faces with wisdom and mutual respect. Give us the ability to see the larger picture in all of our deliberations and actions, and guide us to long-term solutions to those things that bring crisis into the lives of so many of our citizens. May the work that we do here today and everyday help our people and serve to glorify You.

Heavenly Father, we also ask for Your comfort for the family of Marine Lance Corporal Brandon Webb of Swartz Creek who was killed last Tuesday in Iraq in the fight against terrorism, and for all the families of those who have died in this war against barbarism and oppression. Protect from harm those who are fighting to protect us, and also all those men and women of our nation's armed forces who are stationed around the world to help keep the peace in a dangerous and deadly world. As we prepare next week to celebrate the birth of our great nation and the freedom that we enjoy as Americans, keep us ever mindful that freedom is not free. Freedom is purchased with the blood of young men and women who lay down their lives so that we can live our lives in peace and safety. May we as legislators never abuse our positions by trampling on the freedoms of our people that were purchased at such a dear price by others.

We ask these and all Your blessings in the name of Jesus Christ, Your Son and our Savior. Amen."

______

The Speaker assumed the Chair.

Rep. Palmer moved that Rep. Sheen be excused from today's session.

The motion prevailed.

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

Reports of Standing Committees

The Committee on Commerce, by Rep. Baxter, Vice-Chair, reported

House Bill No. 6041, entitled

A bill to amend 1984 PA 431, entitled "The management and budget act," by amending sections 261 and 268 (MCL 18.1261 and 18.1268), section 261 as amended by 2005 PA 91 and section 268 as added by 1988 PA 237, and by adding section 268a.

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

To Report Out:

Yeas: Reps. Huizenga, Baxter, Emmons, Palsrok, Wenke, Green, Hildenbrand, Jones, David Law, Marleau, Pavlov, Tobocman, Accavitti and Leland

Nays: None

The Committee on Commerce, by Rep. Baxter, Vice-Chair, reported

House Bill No. 6257, entitled

A bill to amend 1984 PA 431, entitled "The management and budget act," by amending section 261 (MCL 18.1261), as amended by 2005 PA 91.

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

To Report Out:

Yeas: Reps. Huizenga, Baxter, Emmons, Palsrok, Wenke, Green, Hildenbrand, Jones, David Law, Marleau, Pavlov, Meisner, Tobocman, Accavitti and Leland

Nays: None

The Committee on Commerce, by Rep. Baxter, Vice-Chair, reported

House Bill No. 6258, entitled

A bill to amend 1984 PA 431, entitled "The management and budget act," (MCL 18.1101 to 18.1594) by adding section 263a.

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

To Report Out:

Yeas: Reps. Huizenga, Baxter, Emmons, Palsrok, Wenke, Green, Hildenbrand, Jones, David Law, Marleau, Pavlov, Meisner, Tobocman, Accavitti and Leland

Nays: None

The Committee on Commerce, by Rep. Baxter, Vice-Chair, reported

House Bill No. 6259, entitled

A bill to amend 1984 PA 431, entitled "The management and budget act," (MCL 18.1101 to 18.1594) by adding section 263b.

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

To Report Out:

Yeas: Reps. Huizenga, Baxter, Emmons, Palsrok, Wenke, Green, Hildenbrand, Jones, David Law, Marleau, Pavlov, Meisner, Tobocman, Accavitti and Leland

Nays: None

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, June 28, 2006

Present: Reps. Huizenga, Baxter, Emmons, Palsrok, Wenke, Green, Hildenbrand, Jones, David Law, Marleau, Pavlov, Schuitmaker, Meisner, Tobocman, Accavitti and Leland

Absent: Reps. Dillon, Bennett and McConico

Excused: Reps. Dillon, Bennett and McConico

Second Reading of Bills

House Bill No. 6041, entitled

A bill to amend 1984 PA 431, entitled "The management and budget act," by amending sections 261 and 268 (MCL 18.1261 and 18.1268), section 261 as amended by 2005 PA 91 and section 268 as added by 1988 PA 237, and by adding section 268a.

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

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

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

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

The motion prevailed.

House Bill No. 6257, entitled

A bill to amend 1984 PA 431, entitled "The management and budget act," by amending section 261 (MCL 18.1261), as amended by 2005 PA 91.

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. McDowell moved to amend the bill as follows:

1. Amend page 2, line 9, after "competitive" by striking out "bidding" and inserting "SOLICITATION".

2. Amend page 2, line 10, after "authorized" by striking out the balance of the subsection and inserting "UNDER THIS ACT UNLESS 1 OR MORE OF THE FOLLOWING APPLY:

(A) PROCUREMENT OF GOODS OR SERVICES IS NECESSARY FOR THE IMMINENT PROTECTION OF PUBLIC HEALTH OR SAFETY OR TO MITIGATE AN IMMINENT THREAT TO PUBLIC HEALTH OR SAFETY, AS DETERMINED BY THE DIRECTOR OR HIS OR HER DESIGNATED REPRESENTATIVE.

(B) PROCUREMENT OF GOODS OR SERVICES IS FOR EMERGENCY REPAIR OR CONSTRUCTION CAUSED BY UNFORESEEN CIRCUMSTANCES WHEN THE REPAIR OR CONSTRUCTION IS NECESSARY TO PROTECT LIFE OR PROPERTY.

(C) PROCUREMENT OF GOODS OR SERVICES IS IN RESPONSE TO A DECLARED STATE OF EMERGENCY OR STATE OF DISASTER UNDER THE EMERGENCY MANAGEMENT ACT, 1976 PA 390, MCL 30.401 TO 30.421.

(D) PROCUREMENT OF GOODS OR SERVICES IS IN RESPONSE TO A DECLARED STATE OF EMERGENCY UNDER 1945 PA 302, MCL 10.31 TO 10.33.

(E) PROCUREMENT OF GOODS OR SERVICES IS IN RESPONSE TO A DECLARED STATE OF ENERGY EMERGENCY UNDER 1982 PA 191, MCL 10.81 TO 10.89.

(F) PROCUREMENT OF GOODS OR SERVICES IS WITHIN A STATE AGENCY'S PURCHASING AUTHORITY DELEGATED UNDER SUBSECTION (4), AND THE STATE AGENCY HAS ESTABLISHED POLICIES OR PROCEDURES APPROVED BY THE DEPARTMENT TO ENSURE THAT GOODS OR SERVICES ARE PURCHASED BY THE STATE AGENCY AT FAIR AND REASONABLE PRICES.".

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

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

The motion prevailed.

House Bill No. 6258, entitled

A bill to amend 1984 PA 431, entitled "The management and budget act," (MCL 18.1101 to 18.1594) by adding section 263a.

The bill was read a second time.

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

The motion prevailed.

House Bill No. 6259, entitled

A bill to amend 1984 PA 431, entitled "The management and budget act," (MCL 18.1101 to 18.1594) by adding section 263b.

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

The motion prevailed.

By unanimous consent the House returned to the order of

Reports of Standing Committees

The Committee on Judiciary, by Rep. Van Regenmorter, Chair, reported

House Bill No. 4042, entitled

A bill to amend 1927 PA 372, entitled "An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms and gas ejecting devices; to prohibit the buying, selling, or carrying of certain firearms and gas ejecting devices without a license or other authorization; to provide for the forfeiture of firearms under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act," by amending section 5l (MCL 28.425l), as amended by 2002 PA 719.

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

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Van Regenmorter, Schuitmaker, Newell, Stakoe, Elsenheimer, Jones, David Law, Rocca, Lipsey, Condino, Adamini, Bieda and Virgil Smith

Nays: None

The Committee on Judiciary, by Rep. Van Regenmorter, Chair, reported

House Bill No. 5221, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 8407 (MCL 600.8407), as amended by 1991 PA 192.

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

To Report Out:

Yeas: Reps. Van Regenmorter, Schuitmaker, Newell, Stakoe, Elsenheimer, Jones, David Law, Rocca, Lipsey, Condino, Adamini, Bieda and Virgil Smith

Nays: None

The Committee on Judiciary, by Rep. Van Regenmorter, Chair, reported

Senate Bill No. 1196, entitled

A bill to amend 1953 PA 232, entitled "Corrections code of 1953," by amending section 40a (MCL 791.240a), as amended by 1993 PA 346.

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

To Report Out:

Yeas: Reps. Van Regenmorter, Schuitmaker, Newell, Stakoe, Elsenheimer, Jones, David Law, Rocca, Lipsey, Condino, Adamini, Bieda and Virgil Smith

Nays: None

The Committee on Judiciary, by Rep. Van Regenmorter, Chair, reported

Senate Bill No. 1226, entitled

A bill to amend 1998 PA 58, entitled "Michigan liquor control code of 1998," by amending section 703 (MCL 436.1703), as amended by 2004 PA 63.

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

To Report Out:

Yeas: Reps. Van Regenmorter, Schuitmaker, Newell, Stakoe, Elsenheimer, Jones, David Law, Rocca, Lipsey, Condino, Adamini, Bieda and Virgil Smith

Nays: None

The Committee on Judiciary, by Rep. Van Regenmorter, Chair, reported

Senate Bill No. 1234, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 535 (MCL 750.535), as amended by 2002 PA 720.

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

To Report Out:

Yeas: Reps. Van Regenmorter, Schuitmaker, Newell, Stakoe, Elsenheimer, Jones, David Law, Rocca, Lipsey, Condino, Adamini, Bieda and Virgil Smith

Nays: None

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Van Regenmorter, Chair, of the Committee on Judiciary, was received and read:

Meeting held on: Wednesday, June 28, 2006

Present: Reps. Van Regenmorter, Schuitmaker, Newell, Nofs, Stakoe, Elsenheimer, Jones, David Law, Rocca, Lipsey, Condino, Adamini, Bieda and Virgil Smith

Absent: Rep. McConico

Excused: Rep. McConico

Second Reading of Bills

Senate Bill No. 1196, entitled

A bill to amend 1953 PA 232, entitled "Corrections code of 1953," by amending section 40a (MCL 791.240a), as amended by 1993 PA 346.

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

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

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

The motion prevailed.

House Bill No. 5337, entitled

A bill to amend 1967 PA 150, entitled "Michigan military act," by amending section 117 (MCL 32.517).

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

The substitute (H-2) was not adopted, a majority of the members serving not voting therefor.

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

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

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

The motion prevailed.

Senate Bill No. 1182, entitled

A bill to amend 1951 PA 51, entitled "An act to provide for the classification of all public roads, streets, and highways in this state, and for the revision of that classification and for additions to and deletions from each classification; to set up and establish the Michigan transportation fund; to provide for the deposits in the Michigan transportation fund of specific taxes on motor vehicles and motor vehicle fuels; to provide for the allocation of funds from the Michigan transportation fund and the use and administration of the fund for transportation purposes; to set up and establish the truck safety fund; to provide for the allocation of funds from the truck safety fund and administration of the fund for truck safety purposes; to set up and establish the Michigan truck safety commission; to establish certain standards for road contracts for certain businesses; to provide for the continuing review of transportation needs within the state; to authorize the state transportation commission, counties, cities, and villages to borrow money, issue bonds, and make pledges of funds for transportation purposes; to authorize counties to advance funds for the payment of deficiencies necessary for the payment of bonds issued under this act; to provide for the limitations, payment, retirement, and security of the bonds and pledges; to provide for appropriations and tax levies by counties and townships for county roads; to authorize contributions by townships for county roads; to provide for the establishment and administration of the state trunk line fund, local bridge fund, comprehensive transportation fund, and certain other funds; to provide for the deposits in the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds of money raised by specific taxes and fees; to provide for definitions of public transportation functions and criteria; to define the purposes for which Michigan transportation funds may be allocated; to provide for Michigan transportation fund grants; to provide for review and approval of transportation programs; to provide for submission of annual legislative requests and reports; to provide for the establishment and functions of certain advisory entities; to provide for conditions for grants; to provide for the issuance of bonds and notes for transportation purposes; to provide for the powers and duties of certain state and local agencies and officials; to provide for the making of loans for transportation purposes by the state transportation department and for the receipt and repayment by local units and agencies of those loans from certain specified sources; and to repeal acts and parts of acts," by amending section 13 (MCL 247.663), as amended by 2004 PA 9.

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

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

Rep. Pearce moved to amend the bill as follows:

1. Amend page 8, line 27, after "SYSTEM." by striking out the balance of the subsection and inserting "THE DEPARTMENT MAY PROVIDE FOR PILOT PROJECTS THAT WOULD ALLOW A CITY OR VILLAGE THAT HAS ADOPTED AN ASSET MANAGEMENT PLAN UNDER SUBSECTION (6) TO COMBINE THEIR LOCAL AND MAJOR STREET FUNDS INTO 1 STREET FUND AND TO SUBMIT A SINGLE REPORT TO THE DEPARTMENT ON THE EXPENDITURE OF FUNDS ON THE LOCAL AND MAJOR STREET SYSTEMS.".

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

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

The motion prevailed.

Senate Bill No. 971, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections35103 and 74102a (MCL 324.35103 and 324.74102a), section 35103 as amended by 1996 PA 290 and section74102a as added by 2004 PA 392, and by adding section 74102b.

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

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

The motion prevailed.

Senate Bill No. 1224, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 612 and 660 (MCL 257.612 and 257.660), section 612 as amended by 1990 PA 33 and section 660 as amended by 2002 PA 494, and by adding sections 660a, 660b, 660c, and 660d.

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

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

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

The motion prevailed.

Senate Bill No. 1108, entitled

A bill to amend 1941 PA 207, entitled "Fire prevention code," by amending the title and section 19 (MCL 29.19), the title as amended by 1984 PA 314 and section 19 as amended by 1998 PA 45.

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

The substitute (H-1) was not adopted, a majority of the members serving not voting therefor.

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

The motion prevailed.

House Bill No. 5815, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," (MCL 500.100 to 500.8302) by adding section2264a.

The bill was read a second time.

Rep. Pavlov moved to amend the bill as follows:

1. Amend page 2, line 9, after "CHARGED" by striking out the balance of the subsection and inserting "FOR DEPENDENT STUDENT STATUS.".

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

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

The motion prevailed.

House Bill No. 5816, entitled

A bill to amend 1980 PA 350, entitled "The nonprofit health care corporation reform act," (MCL 550.1101 to 550.1704) by adding section 409a.

The bill was read a second time.

Rep. Pavlov moved to amend the bill as follows:

1. Amend page 2, line 6, after "CHARGED" by striking out the balance of the subsection and inserting "FOR DEPENDENT STUDENT STATUS.".

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

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

The motion prevailed.

House Bill No. 6223, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending section 8134 (MCL 500.8134), as amended by 1998 PA 279.

The bill was read a second time.

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

The motion prevailed.

House Bill No. 6224, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," (MCL 500.100 to 500.8302) by adding section8133a.

The bill was read a second time.

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

The motion prevailed.

House Bill No. 6225, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," (MCL 500.100 to 500.8302) by adding section8124a.

The bill was read a second time.

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

The motion prevailed.

House Bill No. 6226, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending section 8124 (MCL 500.8124), as added by 1989 PA 302.

The bill was read a second time.

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

The motion prevailed.

House Bill No. 6227, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending section 8111 (MCL 500.8111), as amended by 1992 PA 182.

The bill was read a second time.

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

The motion prevailed.

House Bill No. 6228, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending section 7945 (MCL 500.7945), as amended by 1980 PA 41.

The bill was read a second time.

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

The motion prevailed.

House Bill No. 6229, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending section 7941 (MCL 500.7941), as amended by 1990 PA 137.

The bill was read a second time.

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

The motion prevailed.

House Bill No. 6230, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending section 7931 (MCL 500.7931), as amended by 1980 PA 41.

The bill was read a second time.

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

The motion prevailed.

House Bill No. 6231, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending section 7925 (MCL 500.7925), as amended by 1980 PA 41.

The bill was read a second time.

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

The motion prevailed.

House Bill No. 6232, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending section 7921 (MCL 500.7921), as amended by 1993 PA 200.

The bill was read a second time.

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

The motion prevailed.

House Bill No. 6233, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending section 7918 (MCL 500.7918), as amended by 2001 PA 182.

The bill was read a second time.

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

The motion prevailed.

House Bill No. 6234, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending section 7911 (MCL 500.7911), as amended by 1993 PA 200.

The bill was read a second time.

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

The motion prevailed.

House Bill No. 6235, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending section 3503 (MCL 500.3503), as added by 2000 PA 252.

The bill was read a second time.

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

The motion prevailed.

Senate Bill No. 403, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 16131 and 16263 (MCL 333.16131 and 333.16263), as amended by 2004 PA 97, and by adding section 16346 and part 183A.

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

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

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

The motion prevailed.

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

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

Rep. Ward moved to reconsider the vote by which the House adopted the substitute (H-2) previously recommended by the Committee on Health Policy.

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

The question being on the adoption of the substitute (H- 2) previously recommended by the Committee on Health Policy,

The substitute (H-2) was not adopted, a majority of the members serving not voting therefor.

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

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

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

The motion prevailed.

By unanimous consent the House returned to the order of

Third Reading of Bills

Rep. Ward moved that House Bill No. 6041 be placed on its immediate passage.

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

House Bill No. 6041, entitled

A bill to amend 1984 PA 431, entitled "The management and budget act," by amending sections 261 and 268 (MCL 18.1261 and 18.1268), section 261 as amended by 2005 PA 91 and section 268 as added by 1988 PA 237, and by adding section 268a.

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

Roll Call No. 794 Yeas--102

Accavitti Elsenheimer Lemmons, III Robertson

Acciavatti Emmons Lemmons, Jr. Rocca

Adamini Espinoza Lipsey Sak

Amos Farhat Marleau Schuitmaker

Anderson Farrah Mayes Shaffer

Angerer Gaffney McConico Sheltrown

Ball Gillard McDowell Smith, Alma

Baxter Gleason Meisner Smith, Virgil

Bennett Gonzales Meyer Spade

Bieda Green Miller Stahl

Booher Hansen Moolenaar Stakoe

Brandenburg Hildenbrand Moore Steil

Brown Hood Mortimer Stewart

Byrnes Hopgood Murphy Taub

Byrum Huizenga Newell Tobocman

Casperson Hummel Nitz Vagnozzi

Caswell Hune Nofs Van Regenmorter

Caul Hunter Palmer Vander Veen

Cheeks Jones Palsrok Walker

Clack Kahn Pastor Ward

Clemente Kolb Pavlov Waters

Condino Kooiman Pearce Wenke

Cushingberry LaJoy Plakas Williams

DeRoche Law, David Polidori Wojno

Dillon Law, Kathleen Proos Zelenko

Donigan Leland

Nays--4

Drolet Garfield Gosselin Hoogendyk

In The Chair: Elsenheimer

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

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

A bill to amend 1984 PA 431, entitled "The management and budget act," (MCL 18.1101 to 18.1594) by adding section 262a.

The motion prevailed.

The House agreed to the title as amended.

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

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

Rep. Ward moved that House Bill No. 6258 be placed on its immediate passage.

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

House Bill No. 6258, entitled

A bill to amend 1984 PA 431, entitled "The management and budget act," (MCL 18.1101 to 18.1594) by adding section 263a.

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

Roll Call No. 795 Yeas--106

Accavitti Elsenheimer Law, Kathleen Proos

Acciavatti Emmons Leland Robertson

Adamini Espinoza Lemmons, III Rocca

Amos Farhat Lemmons, Jr. Sak

Anderson Farrah Lipsey Schuitmaker

Angerer Gaffney Marleau Shaffer

Ball Garfield Mayes Sheltrown

Baxter Gillard McConico Smith, Alma

Bennett Gleason McDowell Smith, Virgil

Bieda Gonzales Meisner Spade

Booher Gosselin Meyer Stahl

Brandenburg Green Miller Stakoe

Brown Hansen Moolenaar Steil

Byrnes Hildenbrand Moore Stewart

Byrum Hood Mortimer Taub

Casperson Hoogendyk Murphy Tobocman

Caswell Hopgood Newell Vagnozzi

Caul Huizenga Nitz Van Regenmorter

Cheeks Hummel Nofs Vander Veen

Clack Hune Palmer Walker

Clemente Hunter Palsrok Ward

Condino Jones Pastor Waters

Cushingberry Kahn Pavlov Wenke

DeRoche Kolb Pearce Williams

Dillon Kooiman Plakas Wojno

Donigan LaJoy Polidori Zelenko

Drolet Law, David

Nays--0

In The Chair: Elsenheimer

The House agreed to the title of the bill.

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

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

Rep. Ward moved that House Bill No. 6259 be placed on its immediate passage.

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

House Bill No. 6259, entitled

A bill to amend 1984 PA 431, entitled "The management and budget act," (MCL 18.1101 to 18.1594) by adding section 263b.

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

Roll Call No. 796 Yeas--106

Accavitti Elsenheimer Law, Kathleen Proos

Acciavatti Emmons Leland Robertson

Adamini Espinoza Lemmons, III Rocca

Amos Farhat Lemmons, Jr. Sak

Anderson Farrah Lipsey Schuitmaker

Angerer Gaffney Marleau Shaffer

Ball Garfield Mayes Sheltrown

Baxter Gillard McConico Smith, Alma

Bennett Gleason McDowell Smith, Virgil

Bieda Gonzales Meisner Spade

Booher Gosselin Meyer Stahl

Brandenburg Green Miller Stakoe

Brown Hansen Moolenaar Steil

Byrnes Hildenbrand Moore Stewart

Byrum Hood Mortimer Taub

Casperson Hoogendyk Murphy Tobocman

Caswell Hopgood Newell Vagnozzi

Caul Huizenga Nitz Van Regenmorter

Cheeks Hummel Nofs Vander Veen

Clack Hune Palmer Walker

Clemente Hunter Palsrok Ward

Condino Jones Pastor Waters

Cushingberry Kahn Pavlov Wenke

DeRoche Kolb Pearce Williams

Dillon Kooiman Plakas Wojno

Donigan LaJoy Polidori Zelenko

Drolet Law, David

Nays--0

In The Chair: Elsenheimer

The House agreed to the title of the bill.

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

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

Rep. Ward moved that House Bill No. 6257 be placed on its immediate passage.

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

House Bill No. 6257, entitled

A bill to amend 1984 PA 431, entitled "The management and budget act," by amending section 261 (MCL 18.1261), as amended by 2005 PA 91.

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

Roll Call No. 797 Yeas--102

Accavitti Elsenheimer Lemmons, III Robertson

Acciavatti Emmons Lemmons, Jr. Rocca

Adamini Espinoza Lipsey Sak

Amos Farhat Marleau Schuitmaker

Anderson Farrah Mayes Shaffer

Angerer Gaffney McConico Sheltrown

Ball Gillard McDowell Smith, Alma

Baxter Gleason Meisner Smith, Virgil

Bennett Gonzales Meyer Spade

Bieda Green Miller Stahl

Booher Hansen Moolenaar Stakoe

Brandenburg Hildenbrand Moore Steil

Brown Hood Mortimer Stewart

Byrnes Hopgood Murphy Taub

Byrum Huizenga Newell Tobocman

Casperson Hummel Nitz Vagnozzi

Caswell Hune Nofs Van Regenmorter

Caul Hunter Palmer Vander Veen

Cheeks Jones Palsrok Walker

Clack Kahn Pastor Ward

Clemente Kolb Pavlov Waters

Condino Kooiman Pearce Wenke

Cushingberry LaJoy Plakas Williams

DeRoche Law, David Polidori Wojno

Dillon Law, Kathleen Proos Zelenko

Donigan Leland

Nays--4

Drolet Garfield Gosselin Hoogendyk

In The Chair: Elsenheimer

The House agreed to the title of the bill.

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

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

Rep. Ward moved that Senate Bill No. 1196 be placed on its immediate passage.

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

Senate Bill No. 1196, entitled

A bill to amend 1953 PA 232, entitled "Corrections code of 1953," by amending section 40a (MCL 791.240a), as amended by 1993 PA 346.

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--106

Accavitti Elsenheimer Law, Kathleen Proos

Acciavatti Emmons Leland Robertson

Adamini Espinoza Lemmons, III Rocca

Amos Farhat Lemmons, Jr. Sak

Anderson Farrah Lipsey Schuitmaker

Angerer Gaffney Marleau Shaffer

Ball Garfield Mayes Sheltrown

Baxter Gillard McConico Smith, Alma

Bennett Gleason McDowell Smith, Virgil

Bieda Gonzales Meisner Spade

Booher Gosselin Meyer Stahl

Brandenburg Green Miller Stakoe

Brown Hansen Moolenaar Steil

Byrnes Hildenbrand Moore Stewart

Byrum Hood Mortimer Taub

Casperson Hoogendyk Murphy Tobocman

Caswell Hopgood Newell Vagnozzi

Caul Huizenga Nitz Van Regenmorter

Cheeks Hummel Nofs Vander Veen

Clack Hune Palmer Walker

Clemente Hunter Palsrok Ward

Condino Jones Pastor Waters

Cushingberry Kahn Pavlov Wenke

DeRoche Kolb Pearce Williams

Dillon Kooiman Plakas Wojno

Donigan LaJoy Polidori Zelenko

Drolet Law, David

Nays--0

In The Chair: Elsenheimer

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

"An act to revise, consolidate, and codify the laws relating to probationers and probation officers, to pardons, reprieves, commutations, and paroles, to the administration of correctional institutions, correctional farms, and probation recovery camps, to prisoner labor and correctional industries, and to the supervision and inspection of local jails and houses of correction; to provide for the siting of correctional facilities; to create a state department of corrections, and to prescribe its powers and duties; to provide for the transfer to and vesting in said department of powers and duties vested by law in certain other state boards, commissions, and officers, and to abolish certain boards, commissions, and offices the powers and duties of which are transferred by this act; to allow for the operation of certain facilities by private entities; to prescribe the powers and duties of certain other state departments and agencies; to provide for the creation of a local lockup advisory board; to prescribe penalties for the violation of the provisions of this act; to make certain appropriations; to repeal certain parts of this act on specific dates; and to repeal all acts and parts of acts inconsistent with the provisions of this act,"

The House agreed to the full title.

Rep. Ward 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. 4264, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," (MCL 380.1 to 380.1852) by adding section 475.

(The bill was read a second time, substitute (H-4) adopted, amendment offered and bill postponed temporarily on June 27, see House Journal No. 65, p. 1750.)

Rep. Hopgood moved to amend the bill as follows:

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

"(3) IF THE BOARD OF A SCHOOL DISTRICT ESTABLISHES A SINGLE-GENDER SCHOOL, CLASS, OR PROGRAM DESCRIBED IN SUBSECTION (1), THEN AT THE END OF 4 YEARS OF OPERATING THE SINGLE-GENDER SCHOOL, CLASS, OR PROGRAM, THE INTERMEDIATE SCHOOL DISTRICT, IN CONJUNCTION WITH THE SCHOOL DISTRICT, SHALL DEVELOP AND PUBLISH AN EVALUATION OF THE SINGLE-GENDER SCHOOL, CLASS, OR PROGRAM THAT USES MEASURABLE DATA TO EVALUATE THE EDUCATIONAL ACHIEVEMENTS OF THE SINGLE-GENDER SCHOOL, CLASS, OR PROGRAM. THE INTERMEDIATE SCHOOL DISTRICT SHALL MAKE THIS EVALUATION AVAILABLE TO THE PUBLIC TO ASSIST PARENTS AND POLICYMAKERS IN EVALUATING THE SINGLE-GENDER SCHOOL, CLASS, OR PROGRAM.".

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

Rep. Hopgood withdrew the amendment.

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

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

Rep. Palmer moved to amend the bill as follows:

1. Amend page 1, line 6, after "PROGRAM" by inserting "AND A SUBSTANTIALLY EQUAL SCHOOL, CLASS, OR PROGRAM FOR PUPILS OF THE OTHER GENDER, IF PRACTICABLE".

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

Rep. Lemmons, III moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed.

Rep. Ward 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. 4264, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," (MCL 380.1 to 380.1852) by adding section 475.

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

Roll Call No. 799 Yeas--81

Accavitti Dillon Jones Pavlov

Acciavatti Elsenheimer Kooiman Pearce

Adamini Emmons Law, David Proos

Amos Espinoza Leland Robertson

Ball Farrah Lemmons, III Rocca

Baxter Gaffney Lemmons, Jr. Sak

Bennett Garfield Lipsey Shaffer

Bieda Gillard Marleau Sheltrown

Booher Gleason McConico Smith, Virgil

Brandenburg Gonzales McDowell Stahl

Brown Gosselin Meyer Stakoe

Byrnes Green Moolenaar Steil

Casperson Hansen Moore Stewart

Caswell Hildenbrand Mortimer Taub

Caul Hood Newell Tobocman

Cheeks Hoogendyk Nitz Van Regenmorter

Clack Huizenga Nofs Vander Veen

Clemente Hummel Palmer Walker

Condino Hune Palsrok Waters

Cushingberry Hunter Pastor Wojno

DeRoche

Nays--25

Anderson Kahn Miller Spade

Angerer Kolb Murphy Vagnozzi

Byrum LaJoy Plakas Ward

Donigan Law, Kathleen Polidori Wenke

Drolet Mayes Schuitmaker Williams

Farhat Meisner Smith, Alma Zelenko

Hopgood

In The Chair: Elsenheimer

The House agreed to the title of the bill.

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

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

Reps. Murphy and Williams moved that their names be removed as co-sponsors of the bill.

The motion prevailed.

Reps. McConico, Meyer, Newell, Virgil Smith, Hunter, Pastor, DeRoche, Garfield, Hoogendyk, Nofs, Sak, Huizenga, Dillon, Baxter, Booher, Elsenheimer, Gonzales, Gosselin, Jones, Leland, Marleau, Mortimer, Palmer, Pavlov and Pearce were named co-sponsors of the bill.

______

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

"Mr. Speaker and members of the House:

I voted No on House Bill 4264, 6247 and SB1296 because separate but equal has been proven time and again to result in discrimination. Single-sex schools would be inherently unequal, and thus unconstitutional.

Title IX currently permits select single-sex classes ­ in physical education or to remedy past discrimination for example; it doesn't allow schools to segregate students arbitrarily. What is needed is a thoughtful examination of the diverse single-sex schools that already exist, to see what works and what doesn't before ushering in single sex schools. To improve performance, schools should focus more on academics, discipline, smaller classes, more parental involvement and better teacher training, rather than splitting up boys and girls.

Additionally, without the opposite sex, students are denied a learning environment representative of real life. This deprives them of the opportunity to develop skills for interaction with peers regardless of gender in their work environment and fosters ignorance and prejudice towards the other gender.

Supporters point to the successes of single-sex private schools when justifying the move for single sex public schools; but many educators attribute much of the academic successes of these private schools to their smaller class sizes, engaged parents, well-trained teachers, and strong academic emphasis.

It is for these reasons that I voted NO on House Bill 4264, 6247 and SB1296."

Second Reading of Bills

House Bill No. 6247, entitled

A bill to amend 1976 PA 453, entitled "Elliott-Larsen civil rights act," (MCL 37.2101 to 37.2804) by adding section404a.

The bill was read a second time.

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

The motion prevailed.

Rep. Ward 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. 6247, entitled

A bill to amend 1976 PA 453, entitled "Elliott-Larsen civil rights act," (MCL 37.2101 to 37.2804) by adding section404a.

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--80

Accavitti Dillon Jones Pavlov

Acciavatti Elsenheimer Kooiman Pearce

Adamini Emmons Law, David Proos

Amos Espinoza Leland Robertson

Ball Farrah Lemmons, III Rocca

Baxter Gaffney Lemmons, Jr. Sak

Bennett Garfield Lipsey Shaffer

Bieda Gillard Marleau Sheltrown

Booher Gleason McConico Smith, Virgil

Brandenburg Gonzales McDowell Stahl

Brown Gosselin Meyer Stakoe

Byrnes Green Moolenaar Steil

Casperson Hansen Moore Stewart

Caul Hildenbrand Mortimer Taub

Cheeks Hood Newell Tobocman

Clack Hoogendyk Nitz Van Regenmorter

Clemente Huizenga Nofs Vander Veen

Condino Hummel Palmer Walker

Cushingberry Hune Palsrok Waters

DeRoche Hunter Pastor Wojno

Nays--26

Anderson Hopgood Miller Spade

Angerer Kahn Murphy Vagnozzi

Byrum Kolb Plakas Ward

Caswell LaJoy Polidori Wenke

Donigan Law, Kathleen Schuitmaker Williams

Drolet Mayes Smith, Alma Zelenko

Farhat Meisner

In The Chair: Elsenheimer

The House agreed to the title of the bill.

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

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

Reps. Hunter, DeRoche, Hoogendyk, Nofs, Sak, Huizenga, Baxter, Booher, Cheeks, Gonzales, Gosselin, Jones, Lemmons, III, Lemmons, Jr., Marleau, Mortimer, Palmer and Pearce were named co-sponsors of the bill.

______

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

"Mr. Speaker and members of the House:

I voted No on House Bill 4264, 6247 and SB1296 because separate but equal has been proven time and again to result in discrimination. Single-sex schools would be inherently unequal, and thus unconstitutional.

Title IX currently permits select single-sex classes ­ in physical education or to remedy past discrimination for example; it doesn't allow schools to segregate students arbitrarily. What is needed is a thoughtful examination of the diverse single-sex schools that already exist, to see what works and what doesn't before ushering in single sex schools. To improve performance, schools should focus more on academics, discipline, smaller classes, more parental involvement and better teacher training, rather than splitting up boys and girls.

Additionally, without the opposite sex, students are denied a learning environment representative of real life. This deprives them of the opportunity to develop skills for interaction with peers regardless of gender in their work environment and fosters ignorance and prejudice towards the other gender.

Supporters point to the successes of single-sex private schools when justifying the move for single sex public schools; but many educators attribute much of the academic successes of these private schools to their smaller class sizes, engaged parents, well-trained teachers, and strong academic emphasis.

It is for these reasons that I voted NO on House Bill 4264, 6247 and SB1296."

Second Reading of Bills

Senate Bill No. 1296, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 1146 (MCL 380.1146).

The bill was read a second time.

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

1. Amend page 2, line 5, after "PROGRAM" by inserting "AND A SUBSTANTIALLY EQUAL SCHOOL, CLASS, OR PROGRAM FOR PUPILS OF THE OTHER GENDER, IF PRACTICABLE".

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

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

The motion prevailed.

Rep. Ward 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. 1296, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 1146 (MCL 380.1146).

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--79

Accavitti Emmons Law, David Plakas

Acciavatti Espinoza Leland Proos

Adamini Farrah Lemmons, III Robertson

Amos Gaffney Lemmons, Jr. Rocca

Baxter Garfield Lipsey Sak

Bennett Gillard Marleau Shaffer

Bieda Gleason McConico Sheltrown

Booher Gonzales McDowell Smith, Virgil

Brandenburg Gosselin Meyer Stahl

Brown Green Moolenaar Stakoe

Byrnes Hansen Moore Steil

Casperson Hildenbrand Mortimer Stewart

Caul Hood Newell Taub

Cheeks Hoogendyk Nitz Tobocman

Clemente Huizenga Nofs Van Regenmorter

Condino Hummel Palmer Vander Veen

Cushingberry Hune Palsrok Walker

DeRoche Hunter Pastor Waters

Dillon Jones Pavlov Wojno

Elsenheimer Kooiman Pearce

Nays--27

Anderson Drolet Mayes Spade

Angerer Farhat Meisner Vagnozzi

Ball Hopgood Miller Ward

Byrum Kahn Murphy Wenke

Caswell Kolb Polidori Williams

Clack LaJoy Schuitmaker Zelenko

Donigan Law, Kathleen Smith, Alma

In The Chair: Elsenheimer

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

"An act to provide a system of public instruction and elementary and secondary schools; to revise, consolidate, and clarify the laws relating to elementary and secondary education; to provide for the organization, regulation, and maintenance of schools, school districts, public school academies, intermediate school districts, and other public school entities; to prescribe rights, powers, duties, and privileges of schools, school districts, public school academies, intermediate school districts, and other public school entities; to provide for the regulation of school teachers and certain other school employees; to provide for school elections and to prescribe powers and duties with respect thereto; to provide for the levy and collection of taxes; to provide for the borrowing of money and issuance of bonds and other evidences of indebtedness; to establish a fund and provide for expenditures from that fund; to provide for and prescribe the powers and duties of certain state departments, the state board of education, and certain other boards and officials; to provide for licensure of boarding schools; to prescribe penalties; and to repeal acts and parts of acts,"

The House agreed to the full title.

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

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

______

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

"Mr. Speaker and members of the House:

I voted No on House Bill 4264, 6247 and SB1296 because separate but equal has been proven time and again to result in discrimination. Single-sex schools would be inherently unequal, and thus unconstitutional.

Title IX currently permits select single-sex classes ­ in physical education or to remedy past discrimination for example; it doesn't allow schools to segregate students arbitrarily. What is needed is a thoughtful examination of the diverse single-sex schools that already exist, to see what works and what doesn't before ushering in single sex schools. To improve performance, schools should focus more on academics, discipline, smaller classes, more parental involvement and better teacher training, rather than splitting up boys and girls.

Additionally, without the opposite sex, students are denied a learning environment representative of real life. This deprives them of the opportunity to develop skills for interaction with peers regardless of gender in their work environment and fosters ignorance and prejudice towards the other gender.

Supporters point to the successes of single-sex private schools when justifying the move for single sex public schools; but many educators attribute much of the academic successes of these private schools to their smaller class sizes, engaged parents, well-trained teachers, and strong academic emphasis.

It is for these reasons that I voted NO on House Bill 4264, 6247 and SB1296."

By unanimous consent the House returned to the order of

Messages from the Senate

The Speaker laid before the House

Senate Bill No. 541, entitled

A bill to regulate the transfer of structured settlement rights; to place conditions on the transfer of structured settlement rights; to establish a procedure for approval of transfer of structured settlement rights; and to repeal acts and parts of acts.

(The bill was received from the Senate on June 20, with an amendment to the House substitute (H-1) and immediate effect given by the Senate, consideration of which, under the rules, was postponed until June 21, see House Journal No. 62, p. 1631.)

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

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

Roll Call No. 802 Yeas--106

Accavitti Elsenheimer Law, Kathleen Proos

Acciavatti Emmons Leland Robertson

Adamini Espinoza Lemmons, III Rocca

Amos Farhat Lemmons, Jr. Sak

Anderson Farrah Lipsey Schuitmaker

Angerer Gaffney Marleau Shaffer

Ball Garfield Mayes Sheltrown

Baxter Gillard McConico Smith, Alma

Bennett Gleason McDowell Smith, Virgil

Bieda Gonzales Meisner Spade

Booher Gosselin Meyer Stahl

Brandenburg Green Miller Stakoe

Brown Hansen Moolenaar Steil

Byrnes Hildenbrand Moore Stewart

Byrum Hood Mortimer Taub

Casperson Hoogendyk Murphy Tobocman

Caswell Hopgood Newell Vagnozzi

Caul Huizenga Nitz Van Regenmorter

Cheeks Hummel Nofs Vander Veen

Clack Hune Palmer Walker

Clemente Hunter Palsrok Ward

Condino Jones Pastor Waters

Cushingberry Kahn Pavlov Wenke

DeRoche Kolb Pearce Williams

Dillon Kooiman Plakas Wojno

Donigan LaJoy Polidori Zelenko

Drolet Law, David

Nays--0

In The Chair: Elsenheimer

The Speaker laid before the House

House Bill No. 6084, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 248f, 302, 302a, 303, 306, 307, 307a, 312e, 312f, 314, 319b, 319f, 319g, 324, 732, 801c, 811k, and 907 (MCL 257.248f, 257.302, 257.302a, 257.303, 257.306, 257.307, 257.307a, 257.312e, 257.312f, 257.314, 257.319b, 257.319f, 257.319g, 257.324, 257.732, 257.801c, 257.811k, and 257.907), section 248f as added by 1993 PA 300, section 302 as amended by 1991 PA 100, section 302a as added by 1990 PA 181, sections 303 and 307 as amended by 2005 PA 142, sections 306, 312e, 312f, and 314 as amended by 2004 PA 362, section 307a as added by 1988 PA 346, sections 319b, 319g, and 732 as amended by 2004 PA 495, section 319f as added by 1996 PA 404, section 324 as amended by 2001 PA 159, section 801c as amended by 1980 PA 281, section 811k as added by 2000 PA 73, and section 907 as amended by 2005 PA 1, and by adding section 303a.

(The bill was received from the Senate on June 21, with substitute (S-2), title amendment and immediate effect given by the Senate, consideration of which, under the rules, was postponed until June 22, see House Journal No. 63, p.1676.)

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. 803 Yeas--106

Accavitti Elsenheimer Law, Kathleen Proos

Acciavatti Emmons Leland Robertson

Adamini Espinoza Lemmons, III Rocca

Amos Farhat Lemmons, Jr. Sak

Anderson Farrah Lipsey Schuitmaker

Angerer Gaffney Marleau Shaffer

Ball Garfield Mayes Sheltrown

Baxter Gillard McConico Smith, Alma

Bennett Gleason McDowell Smith, Virgil

Bieda Gonzales Meisner Spade

Booher Gosselin Meyer Stahl

Brandenburg Green Miller Stakoe

Brown Hansen Moolenaar Steil

Byrnes Hildenbrand Moore Stewart

Byrum Hood Mortimer Taub

Casperson Hoogendyk Murphy Tobocman

Caswell Hopgood Newell Vagnozzi

Caul Huizenga Nitz Van Regenmorter

Cheeks Hummel Nofs Vander Veen

Clack Hune Palmer Walker

Clemente Hunter Palsrok Ward

Condino Jones Pastor Waters

Cushingberry Kahn Pavlov Wenke

DeRoche Kolb Pearce Williams

Dillon Kooiman Plakas Wojno

Donigan LaJoy Polidori Zelenko

Drolet Law, David

Nays--0

In The Chair: Elsenheimer

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

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

The House agreed to the title as amended.

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

The Speaker laid before the House

House Bill No. 6069, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 1225 (MCL 380.1225), as amended by 2002 PA 246.

(The bill was received from the Senate on June 22, with substitute (S-2), full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until June 27, see House Journal No. 64, p. 1729.)

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. 804 Yeas--106

Accavitti Elsenheimer Law, Kathleen Proos

Acciavatti Emmons Leland Robertson

Adamini Espinoza Lemmons, III Rocca

Amos Farhat Lemmons, Jr. Sak

Anderson Farrah Lipsey Schuitmaker

Angerer Gaffney Marleau Shaffer

Ball Garfield Mayes Sheltrown

Baxter Gillard McConico Smith, Alma

Bennett Gleason McDowell Smith, Virgil

Bieda Gonzales Meisner Spade

Booher Gosselin Meyer Stahl

Brandenburg Green Miller Stakoe

Brown Hansen Moolenaar Steil

Byrnes Hildenbrand Moore Stewart

Byrum Hood Mortimer Taub

Casperson Hoogendyk Murphy Tobocman

Caswell Hopgood Newell Vagnozzi

Caul Huizenga Nitz Van Regenmorter

Cheeks Hummel Nofs Vander Veen

Clack Hune Palmer Walker

Clemente Hunter Palsrok Ward

Condino Jones Pastor Waters

Cushingberry Kahn Pavlov Wenke

DeRoche Kolb Pearce Williams

Dillon Kooiman Plakas Wojno

Donigan LaJoy Polidori Zelenko

Drolet Law, David

Nays--0

In The Chair: Elsenheimer

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

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

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.

______

Rep. Waters moved that Rep. Plakas be excused temporarily from today's session.

The motion prevailed.

The Speaker laid before the House

Senate Bill No. 1074, entitled

A bill to amend 2000 PA 403, entitled "Motor fuel tax act," by amending section 8 (MCL 207.1008), as amended by 2002 PA 668.

(The bill was received from the Senate on June 27, with an amendment to the House substitute (H-1) and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No.65, p. 1773.)

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

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

Roll Call No. 805 Yeas--105

Accavitti Elsenheimer Law, David Proos

Acciavatti Emmons Law, Kathleen Robertson

Adamini Espinoza Leland Rocca

Amos Farhat Lemmons, III Sak

Anderson Farrah Lemmons, Jr. Schuitmaker

Angerer Gaffney Lipsey Shaffer

Ball Garfield Marleau Sheltrown

Baxter Gillard Mayes Smith, Alma

Bennett Gleason McConico Smith, Virgil

Bieda Gonzales McDowell Spade

Booher Gosselin Meisner Stahl

Brandenburg Green Meyer Stakoe

Brown Hansen Miller Steil

Byrnes Hildenbrand Moolenaar Stewart

Byrum Hood Moore Taub

Casperson Hoogendyk Mortimer Tobocman

Caswell Hopgood Murphy Vagnozzi

Caul Huizenga Newell Van Regenmorter

Cheeks Hummel Nitz Vander Veen

Clack Hune Nofs Walker

Clemente Hunter Palmer Ward

Condino Jones Palsrok Waters

Cushingberry Kahn Pastor Wenke

DeRoche Kolb Pavlov Williams

Dillon Kooiman Pearce Wojno

Donigan LaJoy Polidori Zelenko

Drolet

Nays--0

In The Chair: Elsenheimer

______

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

The motion prevailed.

Rep. Hood asked and obtained an excuse from tomorrow's session.

By unanimous consent the House returned to the order of

Motions and Resolutions

Reps. Miller, Accavitti, Adamini, Anderson, Ball, Bennett, Bieda, Booher, Brandenburg, Brown, Byrnes, Byrum, Clack, Clemente, Espinoza, Farrah, Gillard, Gleason, Gonzales, Green, Hopgood, Kathleen Law, Leland, Lemmons, III, Lemmons, Jr., Lipsey, Mayes, McDowell, Meisner, Plakas, Polidori, Sak, Alma Smith, Spade, Tobocman, Vagnozzi, Vander Veen, Waters, Wojno and Zelenko offered the following resolution:

House Resolution No. 284.

A resolution recognizing the week of October 1 through October 7, 2006, as Inflammatory Breast Cancer Awareness Week in the state of Michigan.

Whereas, Many of Michigan's citizens have been diagnosed and suffer from inflammatory breast cancer and deserve designated calendar days to raise awareness about the condition, as well as a chance to connect with others inflicted with the disease; and

Whereas, Few women or men who have been diagnosed with inflammatory breast cancer are properly educated about the disease. Countless individuals are mis-diagnosed and because of the disease's aggressiveness and the survival rate at about 40%, approximately 5 years, time is of great importance; and

Whereas, Inflammatory breast cancer is a completely different condition from traditional breast cancer due to its extremely different forms of treatment, symptoms, and function within the body. Inflammatory breast cancer is the most aggressive form of breast cancer, as well as the deadliest; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body recognize the week of October1 through October 7, 2006 as Inflammatory Breast Cancer Awareness Week in the state of Michigan. We encourage all citizens to recognize the many individuals inflicted with this disease and aid in promoting state-wide awareness and education regarding the realities associated with inflammatory breast cancer.

Pending the reference of the resolution to a committee,

Rep. Ward 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. Sheltrown, Plakas, Cushingberry, Vagnozzi, Lemmons, Jr., Bennett, Miller, Spade, Polidori, Gonzales, Donigan, Leland, Farrah, Kathleen Law, Brown, Adamini, McDowell, Sak, Mayes, Anderson, Gillard, Lemmons, III, Accavitti, Ball, Booher, Brandenburg, Byrnes, Byrum, Clack, Clemente, Espinoza, Gleason, Green, Hopgood, Lipsey, Meisner, Alma Smith, Tobocman, Vander Veen, Waters, Wojno and Zelenko offered the following resolution:

House Resolution No. 285.

A resolution to memorialize the Congress of the United States to divert excess oil company profits to provide incentives for the development of biodiesel and ethanol production facilities and to encourage the use of these fuels in diesel fuel vehicles and flexible fuel vehicles.

Whereas, High gasoline prices will impact all sectors of Michigan's economy. Recently, the price of regular gasoline has approached, and in certain regions of the state exceeded, $3.00 per gallon. This price is substantially higher than the price of gasoline sold at this time last year. These extreme gasoline prices disproportionately impact Michigan's manufacturing, agriculture, and tourism sectors, which are highly dependent on fuels and negatively affected by soaring fuel costs; and

Whereas, Oil companies reported record increases in their 2005 profits compared to a year earlier. In particular, ExxonMobil reported $36.1 billion in 2005 profits, or 43 percent higher than the previous year, making it the world's largest corporation. Royal Dutch Shell's 2005 profits reached $23 billion, exceeding its 2004 earnings by nearly a third. Exceptional profits were also reported by Chevron, British Petroleum, and Conoco Philips, the other major international oil companies; and

Whereas, It is becoming increasingly apparent that alternative fuels must be a critical component of the state and the nation's energy supply. Access to the world supply of crude oil is very precarious, and gasoline and diesel fuel prices are reaching new highs; and

Whereas, Biodiesel and ethanol are renewable alternative fuels produced in the United States primarily from soybean and corn crops, which are both prominent crops in Michigan's agricultural sector. Advancing the development of biodiesel and ethanol by using excess oil company profits will help the United States meet its energy needs, lessen our dependence on foreign oil supplies, and reduce tail pipe emissions that have the potential to harm human health and the environment; now, therefore, be it

Resolved by the House of Representatives, That we memorialize the Congress of the United States to divert excess oil company profits to provide incentives for the development of biodiesel and ethanol production facilities and to encourage the use of these fuels in diesel fuel vehicles and flexible fuel vehicles; and be it further

Resolved, That copies of this resolution be transmitted to the President of the United States Senate, the Speaker of the United States House of Representatives, and the members of the Michigan congressional delegation.

The resolution was referred to the Committee on Government Operations.

Announcement by the Clerk of Printing and Enrollment

The Clerk announced the enrollment printing and presentation to the Governor on Wednesday, June 28 for her approval of the following bill:

Enrolled House Bill No. 5192 at 1:14 p.m.

The Clerk announced that the following bills had been printed and placed upon the files of the members on Wednesday, June 28:

House Bill Nos. 6270 6271 6272

Senate Bill Nos. 1332 1333 1334 1335

By unanimous consent the House returned to the order of

Reports of Standing Committees

The Committee on Insurance, by Rep. Hune, Chair, reported

House Bill No. 6238, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending section 4511 (MCL 500.4511), as added by 1995 PA 276.

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

To Report Out:

Yeas: Reps. Hune, Robertson, Emmons, Gaffney, Ball, David Law, Marleau, Mortimer, Hunter, Adamini, Leland, Anderson, Condino and Farrah

Nays: None

The Committee on Insurance, by Rep. Hune, Chair, reported

House Bill No. 6248, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," (MCL 500.100 to 500.8302) by adding section126.

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

To Report Out:

Yeas: Reps. Hune, Robertson, Emmons, Gaffney, Ball, David Law, Marleau, Mortimer, Hunter, Adamini, Leland, Anderson, Condino and Farrah

Nays: None

The Committee on Insurance, by Rep. Hune, Chair, reported

House Bill No. 6270, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending section 451 (MCL 500.451), as amended by 1994 PA 228.

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

To Report Out:

Yeas: Reps. Hune, Robertson, Emmons, Gaffney, Ball, Hildenbrand, David Law, Marleau and Mortimer

Nays: Reps. Hunter, Adamini, Leland, Anderson, Condino and Farrah

The Committee on Insurance, by Rep. Hune, Chair, reported

Senate Bill No. 880, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," (MCL 500.100 to 500.8302) by adding chapter41A.

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

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Hune, Robertson, Emmons, Gaffney, Ball, David Law, Marleau, Mortimer, Hunter, Adamini, Leland, Anderson, Condino and Farrah

Nays: None

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, June 28, 2006

Present: Reps. Hune, Robertson, Emmons, Gaffney, Ball, Hildenbrand, David Law, Marleau, Mortimer, Hunter, Adamini, Leland, Anderson, Condino and Farrah

Absent: Reps. Sheen and Wojno

Excused: Rep. Sheen

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Stakoe, Chair, of the Committee on Local Government and Urban Policy, was received and read:

Meeting held on: Wednesday, June 28, 2006

Present: Reps. Stakoe, Elsenheimer, Van Regenmorter, Robertson, Nitz, Schuitmaker, Accavitti, Donigan, Vagnozzi and Virgil Smith

Absent: Rep. Baxter

Excused: Rep. Baxter

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, June 28, 2006

Present: Reps. Ward, Elsenheimer, Gaffney, Meisner and Gillard

Messages from the Senate

House Bill No. 4971, entitled

A bill to amend 1975 PA 228, entitled "Single business tax act," (MCL 208.1 to 208.145) by adding section 32.

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. 6194, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending section 5238 (MCL 500.5238), as amended by 1989 PA 139.

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. 6195, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending section 5245 (MCL 500.5245).

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. 6196, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending section 5248 (MCL 500.5248).

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. 5819, entitled

A bill to amend 1980 PA 87, entitled "The uniform condemnation procedures act," by amending section 9 (MCL 213.59), as amended by 1996 PA 474.

The Senate has amended the bill as follows:

1. Amend page 2, line 1, after "need." by striking out the balance of the subsection.

2. Amend page 3, following line 18, by inserting:

"(6) THE PAYMENT OF ESCROW, AS ORDERED UNDER SUBSECTION (5), MUST BE MADE NO LATER THAN 30 DAYS BEFORE PHYSICAL DISPOSSESSION. IF THERE IS A DISPUTE AFTER THE PAYMENT IS MADE, THE DISPUTE SHALL BE RESOLVED AT AN APPORTIONMENT HEARING HELD BEFORE PHYSICAL DISPOSSESSION.

(7) THE FOLLOWING SPECIAL PROVISIONS APPLY IF THE SURRENDER OF POSSESSION OF PROPERTY PURSUANT TO THE TRANSFER OF TITLE TO THE PROPERTY IN CONDEMNATION PROCEEDINGS REQUIRES THE RELOCATION OF THE OWNER OR ANOTHER OCCUPANT:

(A) IF THE SURRENDER OR POSSESSION OF PROPERTY REQUIRES THE RELOCATION OF ANY INDIVIDUAL WHO OCCUPIES A RESIDENTIAL DWELLING ON THE PROPERTY, THE INDIVIDUAL SHALL NOT BE REQUIRED TO MOVE FROM HIS OR HER DWELLING UNLESS HE OR SHE HAS HAD A REASONABLE OPPORTUNITY NOT TO EXCEED 180 DAYS AFTER THE PAYMENT DATE OF MOVING EXPENSES OR THE MOVING ALLOWANCE PROVIDED UNDER 1965 PA 40, MCL 213.351 TO 213.355, TO RELOCATE TO A COMPARABLE REPLACEMENT DWELLING.

(B) HOWEVER, IF THE AGENCY IS COMPLYING WITH APPLICABLE FEDERAL REGULATIONS AND PROCEDURES REGARDING PAYMENT OF COMPENSATION OR RELOCATION REQUIREMENTS, THOSE FEDERAL REGULATIONS AND PROCEDURES TAKE PRECEDENCE OVER ANY CONFLICTING PROVISIONS IN THIS SECTION.

(8) AS USED IN THIS SECTION, "COMPARABLE REPLACEMENT DWELLING" MEANS ANY DWELLING THAT IS ALL OF THE FOLLOWING:

(A) DECENT, SAFE, AND SANITARY.

(B) ADEQUATE IN SIZE TO ACCOMMODATE THE OCCUPANTS.

(C) WITHIN THE FINANCIAL MEANS OF THE INDIVIDUAL.

(D) FUNCTIONALLY EQUIVALENT.

(E) IN AN AREA NOT SUBJECT TO UNREASONABLE ADVERSE ENVIRONMENTAL CONDITIONS.

(F) IN A LOCATION GENERALLY NOT LESS DESIRABLE THAN THE LOCATION OF THE INDIVIDUAL'S DWELLING WITH RESPECT TO PUBLIC UTILITIES, FACILITIES, SERVICES, AND THE INDIVIDUAL'S PLACE OF EMPLOYMENT.

Enacting section 1. This amendatory act takes effect December 23, 2006." and renumbering the remaining enacting section.

3. Amend page 3, line 24, by striking out all of line 24 through the balance of the enacting section.

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

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

House Bill No. 5953, entitled

A bill to amend 1909 PA 259, entitled "An act to provide that judgments of divorce and judgments of separate maintenance shall make provision in satisfaction of the claims of the wife in the property of the husband and in satisfaction of the claims of the husband and wife in contracts of insurance and annuity upon the life of the husband or wife, and in satisfaction of claims of the husband and wife in or to any pension, annuity, retirement allowance, or accumulated contributions in any pension, annuity, or retirement system, including any rights or contingent rights in and to unvested pension, annuity, or retirement benefits; and to change the tenure of lands owned by husband and wife in case of divorce, and to provide for the disposition or partition of such lands or the proceeds thereof," by amending section 1 (MCL 552.101), as amended by 1985 PA 42.

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

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

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

House Bill No. 5955, entitled

A bill to amend 1917 PA 273, entitled "An act to regulate and license pawnbrokers in certain governmental units of this state; and to prescribe certain powers and duties of certain local governmental units and state agencies," by amending sections 1 and 3 (MCL 446.201 and 446.203), section 1 as amended by 2004 PA 585 and section 3 as amended by 2002 PA 469.

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

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

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

House Bill No. 5956, entitled

A bill to amend 1945 PA 231, entitled "An act to prescribe additional regulations and requirements for pawnbrokers, secondhand dealers and junk dealers; to provide for the taking of fingerprints and the making of reports to enforcement officers; to prescribe penalties for the violation of the provisions of this act; and to declare the effect of this act," by amending sections 1 and 6 (MCL 445.471 and 445.476).

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

The Senate has passed the bill as substituted (S-2) and ordered that it be given immediate effect.

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

House Bill No. 5957, entitled

A bill to amend 1917 PA 350, entitled "An act to regulate and license second hand dealers and junk dealers; and to prescribe penalties for the violation of the provisions of this act," by amending sections 1 and 3 (MCL 445.401 and 445.403).

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

The Senate has passed the bill as substituted (S-2) and ordered that it be given immediate effect.

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

House Bill No. 5958, entitled

A bill to amend 1981 PA 95, entitled "The precious metal and gem dealer act," by amending sections 2 and 3 (MCL 445.482 and 445.483), section 2 as amended by 1990 PA 34.

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

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

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

Messages from the Governor

Date: June 27, 2006

Time: 2:10 p.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 6183 (Public Act No. 240, I.E.), being

An act to amend 1975 PA 228, entitled "An act to provide for the imposition, levy, computation, collection, assessment and enforcement, by lien or otherwise, of taxes on certain commercial, business, and financial activities; to prescribe the manner and times of making certain reports and paying taxes; to prescribe the powers and duties of public officers and state departments; to permit the inspection of records of taxpayers; to provide for interest and penalties on unpaid taxes; to provide exemptions, credits, and refunds; to provide penalties; to provide for the disposition of funds; to provide for the interrelation of this act with other acts; and to provide an appropriation," by amending sections 38g, 39c, and 71 (MCL 208.38g, 208.39c, and 208.71), section 38g as amended by 2006 PA 112, section 39c as amended by 2006 PA 53, and section 71 as amended by 1999 PA 115.

(Filed with the Secretary of State June 27, 2006, at 2:18 p.m.)

Communications from State Officers

The following communication from the Auditor General was received and read:

June 27, 2006

Enclosed is a copy of the following audit report and/or report summary:

Financial audit, including the provisions of the Single Audit Act, of the

Department of Corrections

for the period October 1, 2003 through September 30, 2005

Sincerely,

Thomas H. McTavish, C.P.A.

Auditor General

The communication was referred to the Clerk and the accompanying report referred to the Committee on Government Operations.

Introduction of Bills

Rep. McConico introduced

House Bill No. 6273, entitled

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

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

Rep. McConico introduced

House Bill No. 6274, entitled

A bill to amend 1979 PA 218, entitled "Adult foster care facility licensing act," by amending sections 13, 16, and 18 (MCL 400.713, 400.716, and 400.718), section 13 as amended by 2004 PA 281.

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

Rep. Robertson introduced

House Bill No. 6275, entitled

A bill to amend 1953 PA 232, entitled "Corrections code of 1953," (MCL 791.201 to 791.283) by adding section 40.

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

Reps. Caswell, Sak, Zelenko, Stakoe, Vander Veen, Shaffer and Hansen introduced

House Bill No. 6276, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending section 20155 (MCL 333.20155), as amended by 2006 PA 195.

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

Reps. Sheen, Drolet, Gosselin, Vander Veen, Hoogendyk, Baxter, Shaffer, Robertson, Pastor, Booher, Gaffney, Nofs and Stahl introduced

House Bill No. 6277, entitled

A bill to amend 1933 PA 167, entitled "General sales tax act," by amending section 4v (MCL 205.54v), as amended by 2002 PA 452.

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

Reps. Sheen, Drolet, Gosselin, Hoogendyk, Vander Veen, Baxter, Shaffer, Robertson, Pastor, Booher, Gaffney, Nofs and Stahl introduced

House Bill No. 6278, entitled

A bill to amend 1937 PA 94, entitled "Use tax act," by amending section 4q (MCL 205.94q), as amended by 2002 PA 456.

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

Reps. Palmer, Bieda, Vander Veen, Huizenga, Baxter, Sheen, Pastor, Garfield, Taub, Pearce, Brandenburg, Casperson, Gosselin, Robertson, Moolenaar, Hoogendyk, Drolet and Murphy introduced

House Bill No. 6279, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," (MCL 600.101 to 600.9947) by adding chapter 10B.

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

By unanimous consent the House returned to the order of

Reports of Standing Committees

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

House Bill No. 5251, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 1278 (MCL 380.1278), as amended by 2004 PA 596.

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

To Report Out:

Yeas: Reps. Palmer, Mortimer, Gosselin, Hoogendyk, Vander Veen, Wenke, Ball, Hildenbrand, Pearce, Proos, Robertson, Angerer, Virgil Smith, Clack and Polidori

Nays: Reps. Meyer and Miller

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

House Bill No. 6173, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending sections 1230, 1230a, 1230c, 1230d, 1230g, 1535a, and 1539b (MCL 380.1230, 380.1230a, 380.1230c, 380.1230d, 380.1230g, 380.1535a, and 380.1539b), as amended by 2006 PA 84, and by adding section 1230e.

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

To Report Out:

Yeas: Reps. Palmer, Mortimer, Gosselin, Meyer, Hoogendyk, Vander Veen, Wenke, Ball, Hildenbrand, Pearce, Proos, Robertson, Hopgood, Miller, Angerer, Vagnozzi and Polidori

Nays: None

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

House Bill No. 6174, entitled

A bill to amend 1973 PA 116, entitled "An act to provide for the protection of children through the licensing and regulation of child care organizations; to provide for the establishment of standards of care for child care organizations; to prescribe powers and duties of certain departments of this state and adoption facilitators; to provide penalties; and to repeal acts and parts of acts," by amending sections 5, 5c, and 5f (MCL 722.115, 722.115c, and 722.115f), section 5 as amended by 2006 PA 51, section 5c as added by 2005 PA 133, and section 5f as added by 2005 PA 128.

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

To Report Out:

Yeas: Reps. Palmer, Mortimer, Gosselin, Meyer, Hoogendyk, Vander Veen, Wenke, Ball, Hildenbrand, Pearce, Proos, Robertson, Hopgood, Miller, Angerer, Vagnozzi and Polidori

Nays: None

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

House Joint Resolution M, entitled

A joint resolution proposing an amendment to the state constitution of 1963, by amending section 53 of article IV, to expand the audit authority of the auditor general.

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

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Palmer, Mortimer, Gosselin, Meyer, Hoogendyk, Vander Veen, Wenke, Pearce, Proos and Robertson

Nays: Reps. Ball, Hildenbrand, Hopgood, Miller, Angerer, Virgil Smith, Clack, Vagnozzi and Polidori

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, June 28, 2006

Present: Reps. Palmer, Mortimer, Gosselin, Meyer, Hoogendyk, Vander Veen, Wenke, Ball, Hildenbrand, Pearce, Proos, Robertson, Hopgood, Miller, Angerer, Virgil Smith, Clack, Vagnozzi and Polidori

______

Rep. Kathleen Law moved that the House adjourn.

The motion prevailed, the time being 3:55 p.m.

Associate Speaker Pro Tempore Elsenheimer declared the House adjourned until Thursday, June 29, at 10:30 a.m.

GARY L. RANDALL

Clerk of the House of Representatives