hj05240t.048

No. 48

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

90th Legislature

REGULAR SESSION OF 2000

House Chamber, Lansing, Wednesday, May 24, 2000.

12:00 Noon.

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

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

Allen--present

Baird--present

Basham--present

Birkholz--present

Bisbee--present

Bishop--present

Bogardus--present

Bovin--present

Bradstreet--present

Brater--present

Brewer--present

Brown, Bob--present

Brown, Cameron--present

Byl--present

Callahan--present

Cassis--present

Caul--present

Cherry--present

Clark--present

Clarke--present

Daniels--present

DeHart--present

Dennis--present

DeRossett--present

DeVuyst--present

DeWeese--present

Ehardt--present

Faunce--present

Frank--present

Garcia--present

Garza--present

Geiger--present

Gieleghem--present

Gilbert--present

Godchaux--present

Gosselin--present

Green--present

Hager--present

Hale--present

Hanley--present

Hansen--present

Hardman--present

Hart--present

Howell--present

Jacobs--present

Jamnick--present

Jansen--present

Jelinek--present

Jellema--present

Johnson, Rick--present

Johnson, Ruth--present

Julian--present

Kelly--present

Kilpatrick--present

Koetje--present

Kowall--present

Kuipers--present

Kukuk--present

LaForge--present

LaSata--present

Law--present

Lemmons--present

Lockwood--present

Mans--present

Martinez--present

Mead--present

Middaugh--present

Minore--present

Mortimer--present

Neumann--present

O'Neil--present

Pappageorge--present

Patterson--present

Perricone--present

Pestka--present

Price--present

Prusi--excused

Pumford--present

Quarles--present

Raczkowski--present

Reeves--present

Richardville--present

Richner--present

Rison--present

Rivet--present

Rocca--present

Sanborn--present

Schauer--present

Schermesser--present

Scott--present

Scranton--present

Shackleton--present

Sheltrown--present

Shulman--present

Spade--present

Stallworth--present

Stamas--present

Switalski--present

Tabor--present

Tesanovich--present

Thomas--present

Toy--present

Vander Roest--present

Van Woerkom--present

Vaughn--excused

Vear--present

Voorhees--present

Wojno--present

Woodward--present

Woronchak--present

e/d/s = entered during session

Mr. Howard Deardoff, from Ann Arbor, offered the following invocation:

"Heavenly Father, we thank You and praise You for the many gifts You have given to us. Specifically, gifts of relationships--in family, friends and community. Today we focus upon Your wonderful gift of creation and for the natural beauty of our state at this time of year. We know that You give us this natural beauty freely to reveal who You are. We confess that we have not always respected Your gift of creation the way we should have. Guide this body of representatives to respect Your creation as the revelation of You, Lord. Give this body wisdom and unity as they deal with our state's unique gifts that help to tell us who You are. While I personally pray in the name of Jesus Christ, we realize that others in this body pray in other names. Amen."

______

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

"Mr. Speaker and members of the House:

I was absent from the Chamber when the vote was taken on Roll Call Nos. 458-472. Had I been present, I would have voted 'yea' on Roll Call Nos. 463, 467, 471 and 472 and 'nay' on Roll Call Nos. 458-463, 464, 466, 469."

Second Reading of Bills

House Bill No. 5781, 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; to provide for the forfeiture of firearms possessed in violation of this act; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; and to repeal all acts and parts of acts inconsistent with the provisions of this act," (MCL 28.421 to 28.434) by amending the title, as amended by 1990 PA 320, and by adding section 15.

The bill was read a second time.

Rep. Baird moved to amend the bill as follows:

1. Amend page 2, line 23, after "KEEP." by inserting "A SEPARATE TRIGGER LOCK OR DEVICE AND A SEPARATE PURCHASE RECEIPT SHALL BE REQUIRED FOR EACH FIREARM PURCHASED.".

2. Amend page 2, line 27, after "KEEP." by inserting "A SEPARATE GUN CASE OR STORAGE CONTAINER AND A SEPARATE PURCHASE RECEIPT SHALL BE REQUIRED FOR EACH FIREARM PURCHASED.".

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

______

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

The motion prevailed.

Rep. Gieleghem moved to amend the bill as follows:

1. Amend page 4, line 7, by striking out all of subsections (9) through (13) and renumbering the remaining subsections.

2. Amend page 6, line 12, by striking out all of subdivision (D) and relettering the remaining subdivision.

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

Rep. Gieleghem demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 477 Yeas--41

Baird Daniels Kelly Rison

Basham Dennis Kilpatrick Schauer

Bogardus Garza LaForge Schermesser

Bovin Gieleghem Lemmons Scott

Brater Hale Lockwood Stallworth

Brewer Hanley Martinez Switalski

Brown, B. Hansen O'Neil Tesanovich

Callahan Hardman Price Thomas

Cherry Jacobs Quarles Wojno

Clark, I. Jamnick Reeves Woodward

Clarke, H.

Nays--63

Allen Garcia Kukuk Rocca

Birkholz Gilbert LaSata Sanborn

Bisbee Godchaux Law Scranton

Bishop Green Mans Shackleton

Bradstreet Hager Mead Sheltrown

Brown, C. Hart Middaugh Shulman

Byl Howell Mortimer Spade

Cassis Jansen Neumann Stamas

Caul Jelinek Pappageorge Tabor

DeHart Jellema Patterson Toy

DeRossett Johnson, Rick Pestka Van Woerkom

DeVuyst Johnson, Ruth Pumford Vander Roest

DeWeese Julian Raczkowski Vear

Ehardt Koetje Richardville Voorhees

Faunce Kowall Richner Woronchak

Frank Kuipers Rivet

In The Chair: Patterson

Rep. Brater moved to amend the bill as follows:

1. Amend page 3, line 26, by striking out all of subsection (7) and renumbering the remaining subsections.

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

Rep. Brater demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 478 Yeas--37

Baird Garza Kilpatrick Rison

Bogardus Gieleghem LaForge Schauer

Brater Hale Lemmons Scott

Brewer Hanley Lockwood Stallworth

Brown, B. Hansen Martinez Switalski

Callahan Hardman Minore Thomas

Clark, I. Jacobs Price Wojno

Clarke, H. Jamnick Quarles Woodward

Daniels Kelly Reeves Woronchak

Dennis

Nays--69

Allen Garcia Kukuk Rivet

Basham Gilbert LaSata Rocca

Birkholz Godchaux Law Sanborn

Bisbee Gosselin Mans Schermesser

Bishop Green Mead Scranton

Bovin Hager Middaugh Shackleton

Bradstreet Hart Mortimer Sheltrown

Brown, C. Howell Neumann Shulman

Byl Jansen O'Neil Spade

Cassis Jelinek Pappageorge Stamas

Caul Jellema Patterson Tabor

DeHart Johnson, Rick Perricone Tesanovich

DeRossett Johnson, Ruth Pestka Toy

DeVuyst Julian Pumford Van Woerkom

DeWeese Koetje Raczkowski Vander Roest

Ehardt Kowall Richardville Vear

Faunce Kuipers Richner Voorhees

Frank

In The Chair: Patterson

Rep. Basham moved to amend the bill as follows:

1. Amend page 4, line 7, after "(12)," by inserting "AFTER MAY 1, 2000".

2. Amend page 5, line 16, by striking out all of subsection (13) and renumbering the remaining subsections.

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

Rep. Basham demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 479 Yeas--47

Baird Dennis Law Rison

Basham Garza Lemmons Schauer

Bogardus Gieleghem Lockwood Schermesser

Brater Hale Mans Scott

Brewer Hanley Martinez Stallworth

Brown, B. Hansen Minore Switalski

Byl Hardman O'Neil Tesanovich

Callahan Jacobs Pestka Thomas

Cherry Jamnick Price Wojno

Clark, I. Kelly Quarles Woodward

Clarke, H. Kilpatrick Reeves Woronchak

Daniels LaForge Richner

Nays--60

Allen Frank Koetje Rivet

Birkholz Garcia Kowall Rocca

Bisbee Gilbert Kuipers Sanborn

Bishop Godchaux Kukuk Scranton

Bovin Gosselin LaSata Shackleton

Bradstreet Green Mead Sheltrown

Brown, C. Hager Middaugh Shulman

Cassis Hart Mortimer Spade

Caul Howell Neumann Stamas

DeHart Jansen Pappageorge Tabor

DeRossett Jelinek Patterson Toy

DeVuyst Jellema Perricone Van Woerkom

DeWeese Johnson, Rick Pumford Vander Roest

Ehardt Johnson, Ruth Raczkowski Vear

Faunce Julian Richardville Voorhees

In The Chair: Patterson

______

Rep. Pappageorge moved that Rep. Geiger be excused temporarily from today's session.

The motion prevailed.

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

The question being on the adoption of the substitute (H-1) offered by Rep. Jacobs,

Rep. Jacobs demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the substitute (H-1) offered by Rep. Jacobs,

The substitute (H-1) was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:

Roll Call No. 480 Yeas--39

Baird Garza Kilpatrick Rison

Bogardus Gieleghem LaForge Schermesser

Brater Hager Lemmons Scott

Brewer Hale Lockwood Stallworth

Brown, B. Hanley Martinez Switalski

Callahan Hansen Minore Thomas

Clark, I. Hardman O'Neil Wojno

Clarke, H. Jacobs Price Woodward

Daniels Jamnick Quarles Woronchak

Dennis Kelly Reeves

Nays--68

Allen Faunce Kuipers Rivet

Basham Frank Kukuk Rocca

Birkholz Garcia LaSata Sanborn

Bisbee Gilbert Law Schauer

Bishop Godchaux Mans Scranton

Bovin Gosselin Mead Shackleton

Bradstreet Green Middaugh Sheltrown

Brown, C. Hart Mortimer Shulman

Byl Howell Neumann Spade

Cassis Jansen Pappageorge Stamas

Caul Jelinek Patterson Tabor

Cherry Jellema Perricone Tesanovich

DeHart Johnson, Rick Pestka Toy

DeRossett Johnson, Ruth Pumford Van Woerkom

DeVuyst Julian Raczkowski Vander Roest

DeWeese Koetje Richardville Vear

Ehardt Kowall Richner Voorhees

In The Chair: Patterson

Rep. Stallworth moved to amend the bill as follows:

1. Amend page 5, following line 19, by inserting:

"(14) THE STATE SHALL REIMBURSE A LOCAL UNIT OF GOVERNMENT FOR REASONABLE COSTS INCURRED BY THAT LOCAL UNIT OF GOVERNMENT PRIOR TO THE EFFECTIVE DATE OF THIS ACT IN RESEARCHING, INVESTIGATING, AND LITIGATING A CAUSE OF ACTION THAT IS PENDING ON THE EFFECTIVE DATE OF THIS ACT AND THAT MAY BE PROHIBITED BY THIS ACT." and renumbering the remaining subsections.

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

Rep. Stallworth demanded the yeas and nays.

The demand was supported.

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, by yeas and nays, as follows:

Roll Call No. 481 Yeas--41

Baird Dennis Kilpatrick Rivet

Basham Garza LaForge Schauer

Bogardus Gieleghem Lemmons Schermesser

Bovin Hale Lockwood Scott

Brater Hanley Martinez Stallworth

Brown, B. Hansen Minore Switalski

Callahan Hardman Price Tesanovich

Cherry Jacobs Quarles Thomas

Clark, I. Jamnick Reeves Wojno

Clarke, H. Kelly Rison Woronchak

Daniels

Nays--63

Allen Garcia Kuipers Richner

Birkholz Gilbert Kukuk Rocca

Bisbee Godchaux LaSata Sanborn

Bishop Gosselin Law Scranton

Bradstreet Green Mans Shackleton

Brown, C. Hager Mead Sheltrown

Byl Hart Middaugh Shulman

Cassis Howell Mortimer Spade

Caul Jansen Neumann Stamas

DeHart Jelinek Pappageorge Tabor

DeRossett Jellema Patterson Toy

DeVuyst Johnson, Rick Perricone Van Woerkom

DeWeese Johnson, Ruth Pestka Vander Roest

Ehardt Julian Pumford Vear

Faunce Koetje Raczkowski Voorhees

Frank Kowall Richardville

In The Chair: Patterson

Rep. Stallworth moved to amend the bill as follows:

1. Amend page 5, following line 19, by inserting:

"(14) THE STATE SHALL REIMBURSE A LOCAL UNIT OF GOVERNMENT FOR REASONABLE COSTS AND EXPENSES INCURRED BY THAT LOCAL UNIT OF GOVERNMENT PRIOR TO THE EFFECTIVE DATE OF THIS ACT IN RESEARCHING, INVESTIGATING AND LITIGATING A CAUSE OF ACTION THAT IS PENDING ON THE EFFECTIVE DATE OF THIS ACT AND THAT MAY BE PROHIBITED BY THIS ACT." and renumbering the remaining subsections.

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

Rep. Stallworth demanded the yeas and nays.

The demand was supported.

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, by yeas and nays, as follows:

Roll Call No. 482 Yeas--40

Baird Daniels Kilpatrick Rivet

Basham Garza LaForge Schauer

Bogardus Gieleghem Lemmons Schermesser

Bovin Hale Lockwood Scott

Brater Hanley Martinez Stallworth

Brown, B. Hansen Minore Switalski

Callahan Hardman Price Tesanovich

Cherry Jacobs Quarles Thomas

Clark, I. Jamnick Reeves Wojno

Clarke, H. Kelly Rison Woronchak

Nays--62

Allen Garcia Kuipers Richner

Birkholz Gilbert Kukuk Rocca

Bisbee Godchaux LaSata Sanborn

Bishop Gosselin Law Scranton

Bradstreet Green Mans Shackleton

Brown, C. Hager Mead Sheltrown

Byl Hart Middaugh Shulman

Cassis Howell Mortimer Spade

Caul Jansen Pappageorge Stamas

DeHart Jelinek Patterson Tabor

DeRossett Jellema Perricone Toy

DeVuyst Johnson, Rick Pestka Van Woerkom

DeWeese Johnson, Ruth Pumford Vander Roest

Ehardt Julian Raczkowski Vear

Faunce Koetje Richardville Voorhees

Frank Kowall

In The Chair: Patterson

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

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

Rep. Raczkowski 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. 5781, 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. 483 Yeas--71

Allen Frank Kukuk Schauer

Birkholz Garcia LaSata Schermesser

Bisbee Geiger Law Scranton

Bishop Gilbert Mans Shackleton

Bovin Gosselin Mead Sheltrown

Bradstreet Green Middaugh Shulman

Brown, B. Hager Mortimer Spade

Brown, C. Hart Neumann Stamas

Byl Howell Pappageorge Tabor

Callahan Jansen Patterson Tesanovich

Cassis Jelinek Perricone Toy

Caul Jellema Pestka Van Woerkom

DeHart Johnson, Rick Pumford Vander Roest

DeRossett Johnson, Ruth Raczkowski Vear

DeVuyst Julian Richardville Voorhees

DeWeese Koetje Rivet Wojno

Ehardt Kowall Rocca Woronchak

Faunce Kuipers Sanborn

Nays--37

Baird Garza Kelly Quarles

Basham Gieleghem Kilpatrick Reeves

Bogardus Godchaux LaForge Richner

Brater Hale Lemmons Rison

Brewer Hanley Lockwood Scott

Cherry Hansen Martinez Stallworth

Clark, I. Hardman Minore Switalski

Clarke, H. Jacobs O'Neil Thomas

Daniels Jamnick Price Woodward

Dennis

In The Chair: Patterson

The House agreed to the title of the bill.

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

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

Reps. Hanley, Jacobs, Woodward, Lockwood, Clark, Reeves, Hardman, Garza, Jamnick, Quarles, Scott and Bogardus, having reserved the right to explain their protest against the passage of the bill, made the following statement:

"Mr. Speaker and members of the House:

Today I voted no on House Bill 5781 because, while I support trigger locks as a responsible safety device that every gun buyer should be provided at the point of sale, this bill irresponsibly shields the gun industry from lawsuits brought by local communities that are concerned about the threat that the proliferation of guns on their streets brings to children.

We have no business as a state legislature taking away the vested rights of local communities to pursue legal action through the American court system. That is the true purpose of this bill.

I strongly believe that we should have separated the issues of trigger locks and gun industry immunity and voted on each as separate bills. That, unfortunately, was not the intention of the Republican Majority. Instead, legislators were forced to compromise their principles and make an unseemly choice between two unrelated issues combined into one bill. My choice is to vote no."

Rep. Brater, 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 am also concerned that this bill is unconstitutional 1) because it retroactively takes away a vested interest in a lawsuit already in progress and 2) because it is contrary to the title-object clause of the Michigan Constitution."

Rep. Hale, 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 deals with eliminating another provision of local control. There will be 13 more children in our country today that will die as a result of gun violence. It is unfortunate that we as a legislature did not deal with the real core matter on this issue, saving young peoples lives. We need to put more money and effort into constructive programs on the front end that will prevent gun violence. Until we do this, we as an elected body have failed our mission."

Rep. Dennis, 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 5781 because of its dual nature. While I support trigger locks as a responsible safety device that every gun buyer should be provided at the point of sale, HB 5781 irresponsibly shields the gun industry from lawsuits brought by local communities that are concerned about the threat that the proliferation of guns on their streets brings to children.

This is once again an attack on local control of communities that want to protect their citizens and their quality of life. I further believe that we should have separated the issues of trigger locks and gun industry immunity. To put these two issues together only misleads the people of Michigan.

Legislators have been forced to compromise their principles and make an unseemly choice between two unrelated issues combined into one bill.

Therefore, I vote no on HB 5781."

Second Reading of Bills

House Bill No. 5745, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," (MCL 750.1 to 750.568) by adding section 223a.

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. Thomas moved to substitute (H-2) the bill.

The question being on the adoption of the substitute (H-2) offered by Rep. Thomas,

Rep. Thomas demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the substitute (H-2) offered by Rep. Thomas,

Point of Order

Rep. Shulman requested a point of order on whether the Thomas substitute (H-2) is in violation of House Rule 56 which prohibits a bill from embracing more than one object and from being altered or amended such that it changes its original purpose.

The Chair ruled that the Thomas substitute (H-2) is in violation of House Rule 56 and is therefore out of order.

Rep. Kilpatrick appealed the decision of the Chair.

The question being, "Shall the judgment of the Chair stand as the judgment of the House?"

The judgment of the Chair stood as the judgment of the House, a majority of the members present and voting, voting therefor, by yeas and nays, as follows:

Roll Call No. 484 Yeas--56

Allen Garcia Koetje Richner

Birkholz Gilbert Kowall Rocca

Bisbee Godchaux Kuipers Sanborn

Bishop Gosselin Kukuk Scranton

Bradstreet Green LaSata Shackleton

Brown, C. Hager Law Shulman

Byl Hart Mead Stamas

Cassis Howell Middaugh Tabor

Caul Jansen Mortimer Toy

DeRossett Jelinek Pappageorge Van Woerkom

DeVuyst Jellema Patterson Vander Roest

DeWeese Johnson, Rick Pumford Vear

Ehardt Johnson, Ruth Raczkowski Voorhees

Faunce Julian Richardville Woronchak

Nays--50

Baird Dennis Lemmons Rivet

Basham Frank Lockwood Schauer

Bogardus Garza Mans Schermesser

Bovin Gieleghem Martinez Scott

Brater Hale Minore Sheltrown

Brewer Hanley Neumann Spade

Brown, B. Hansen O'Neil Stallworth

Callahan Hardman Pestka Switalski

Cherry Jacobs Price Tesanovich

Clark, I. Jamnick Quarles Thomas

Clarke, H. Kelly Reeves Wojno

Daniels Kilpatrick Rison Woodward

DeHart LaForge

In The Chair: Patterson

______

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

The motion prevailed.

Rep. Jacobs moved to amend the bill as follows:

1. Amend page 3, line 5, after "OR" by striking out "RECKLESSLY" and inserting "CARELESSLY".

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

Rep. Jacobs demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 485 Yeas--41

Baird Dennis Kelly Reeves

Bogardus Frank Kilpatrick Rison

Brater Garza LaForge Rivet

Brewer Gieleghem Lemmons Schauer

Brown, B. Hale Lockwood Scott

Byl Hanley Martinez Stallworth

Callahan Hansen Minore Switalski

Cherry Hardman Pestka Thomas

Clark, I. Jacobs Price Wojno

Clarke, H. Jamnick Quarles Woodward

Daniels

Nays--65

Allen Gilbert Kukuk Sanborn

Basham Godchaux LaSata Schermesser

Birkholz Gosselin Law Scranton

Bisbee Green Mans Shackleton

Bishop Hager Mead Sheltrown

Bovin Hart Middaugh Shulman

Bradstreet Howell Mortimer Spade

Brown, C. Jansen Neumann Stamas

Cassis Jelinek O'Neil Tabor

Caul Jellema Pappageorge Tesanovich

DeHart Johnson, Rick Patterson Toy

DeRossett Johnson, Ruth Perricone Van Woerkom

DeVuyst Julian Pumford Vander Roest

DeWeese Koetje Raczkowski Vear

Ehardt Kowall Richardville Voorhees

Faunce Kuipers Richner Woronchak

Garcia

In The Chair: Patterson

Rep. Thomas moved to amend the bill as follows:

1. Amend page 2, line 9, by striking out all of subdivision (E) and relettering the remaining subdivisions.

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

Rep. Thomas demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 486 Yeas--37

Baird Garza Kilpatrick Rison

Bogardus Gieleghem LaForge Schauer

Brater Hale Lemmons Schermesser

Brewer Hanley Lockwood Scott

Brown, B. Hansen Martinez Stallworth

Cherry Hardman Minore Switalski

Clark, I. Jacobs Price Thomas

Clarke, H. Jamnick Quarles Wojno

Daniels Kelly Reeves Woodward

Dennis

Nays--69

Allen Frank Kuipers Richner

Basham Garcia Kukuk Rivet

Birkholz Gilbert LaSata Sanborn

Bisbee Godchaux Law Scranton

Bishop Gosselin Mans Shackleton

Bovin Green Mead Sheltrown

Bradstreet Hager Middaugh Shulman

Brown, C. Hart Mortimer Spade

Byl Howell Neumann Stamas

Callahan Jansen O'Neil Tabor

Cassis Jelinek Pappageorge Tesanovich

Caul Jellema Patterson Toy

DeHart Johnson, Rick Perricone Van Woerkom

DeRossett Johnson, Ruth Pestka Vander Roest

DeVuyst Julian Pumford Vear

DeWeese Koetje Raczkowski Voorhees

Ehardt Kowall Richardville Woronchak

Faunce

In The Chair: Patterson

Rep. LaForge moved to amend the bill as follows:

1. Amend page 2, line 22, by striking out all of subsection (2) and renumbering the remaining subsections.

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

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

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

Rep. Raczkowski 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. 5745, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," (MCL 750.1 to 750.568) by adding section 223a.

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

Roll Call No. 487 Yeas--72

Allen Garcia Law Schauer

Birkholz Gilbert Lockwood Schermesser

Bishop Gosselin Mans Scranton

Bovin Green Mead Shackleton

Brown, B. Hager Middaugh Sheltrown

Brown, C. Hart Mortimer Shulman

Byl Howell Neumann Spade

Callahan Jansen O'Neil Stamas

Cassis Jelinek Pappageorge Tabor

Caul Jellema Patterson Tesanovich

Cherry Johnson, Rick Perricone Toy

DeHart Johnson, Ruth Pestka Van Woerkom

DeRossett Julian Pumford Vander Roest

DeVuyst Koetje Raczkowski Vear

DeWeese Kowall Richardville Voorhees

Ehardt Kuipers Rivet Wojno

Faunce Kukuk Rocca Woodward

Frank LaSata Sanborn Woronchak

Nays--35

Baird Daniels Jacobs Quarles

Basham Dennis Jamnick Reeves

Bisbee Garza Kelly Richner

Bogardus Gieleghem Kilpatrick Rison

Bradstreet Godchaux LaForge Scott

Brater Hale Lemmons Stallworth

Brewer Hanley Martinez Switalski

Clark, I. Hansen Minore Thomas

Clarke, H. Hardman Price

In The Chair: Patterson

The House agreed to the title of the bill.

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

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

______

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

"Mr. Speaker and members of the House:

Today I voted no on House Bill 5745 because this bill will open too many loopholes to prevent the prosecution of those whose negligence results in the senseless deaths of children and others from gun violence.

The bill establishes a ridiculously high legal threshold for bringing charges against those who are responsible for criminal acts. It provides near blanket immunity to those who comply with current Michigan law in obtaining their weapon and purchasing a safety device for it, regardless of how their subsequent actions or behaviors contributed to criminal activity. This blanket immunity will serve to shield the negligent at the expense of children and families whose lives will be put at risk."

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:

The bill establishes an incredibly high legal threshold for bringing charges against those who are responsible for criminal acts. It provides near blanket immunity to those who comply with current Michigan law in obtaining their weapon and purchasing a safety device for it, regardless of how their subsequent actions or behaviors contributed to criminal activity. I believe this blanket immunity will serve to shield the negligent at the expense of children and families whose lives will be put at risk."

______

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

The motion prevailed.

Rep. Pappageorge moved that Rep. Geiger be excused temporarily from today's session.

The motion prevailed.

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

The motion prevailed.

Second Reading of Bills

House Bill No. 5747, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," (MCL 600.101 to 600.9948) by adding section 2951a.

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. Callahan moved to amend the bill as follows:

1. Amend page 3, line 4, after "OR" by striking out "RECKLESSLY" and inserting "CARELESSLY".

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

Rep. Callahan demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 488 Yeas--39

Baird Dennis Kelly Rison

Bogardus Frank Kilpatrick Rivet

Brater Garza LaForge Schauer

Brown, B. Gieleghem Lemmons Scott

Byl Hale Lockwood Stallworth

Callahan Hanley Martinez Switalski

Cherry Hansen Minore Thomas

Clark, I. Hardman O'Neil Wojno

Clarke, H. Jacobs Pestka Woodward

Daniels Jamnick Price

Nays--64

Allen Garcia Kuipers Sanborn

Basham Gilbert Kukuk Schermesser

Birkholz Godchaux LaSata Scranton

Bisbee Gosselin Law Shackleton

Bishop Green Mans Sheltrown

Bovin Hager Mead Shulman

Bradstreet Hart Middaugh Spade

Brown, C. Howell Mortimer Stamas

Cassis Jansen Neumann Tabor

Caul Jelinek Pappageorge Tesanovich

DeHart Jellema Patterson Toy

DeRossett Johnson, Rick Pumford Van Woerkom

DeVuyst Johnson, Ruth Raczkowski Vander Roest

DeWeese Julian Richardville Vear

Ehardt Koetje Richner Voorhees

Faunce Kowall Rocca Woronchak

In The Chair: Patterson

Rep. Thomas moved to amend the bill as follows:

1. Amend page 2, line 9, by striking out all of subdivision (E) and relettering the remaining subdivisions.

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

Rep. Thomas demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 489 Yeas--30

Baird Gieleghem Kilpatrick Rison

Bogardus Hale LaForge Schauer

Brater Hanley Lemmons Scott

Brewer Hansen Martinez Stallworth

Clark, I. Hardman Minore Switalski

Clarke, H. Jacobs Price Thomas

Dennis Jamnick Quarles Woodward

Garza Kelly

Nays--73

Allen Frank Kukuk Rocca

Basham Garcia LaSata Sanborn

Birkholz Gilbert Law Schermesser

Bisbee Godchaux Lockwood Scranton

Bishop Gosselin Mans Shackleton

Bovin Green Mead Sheltrown

Bradstreet Hager Middaugh Shulman

Brown, B. Hart Mortimer Spade

Brown, C. Howell Neumann Stamas

Byl Jansen O'Neil Tabor

Callahan Jelinek Pappageorge Tesanovich

Cassis Jellema Patterson Toy

Caul Johnson, Rick Pestka Van Woerkom

DeHart Johnson, Ruth Pumford Vander Roest

DeRossett Julian Raczkowski Vear

DeVuyst Koetje Richardville Voorhees

DeWeese Kowall Richner Wojno

Ehardt Kuipers Rivet Woronchak

Faunce

In The Chair: Patterson

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

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

Rep. Baird moved to amend the bill as follows:

1. Amend page 3, line 12, after "PERSON" by inserting "OTHER THAN A JUVENILE".

2. Amend page 3, line 14, after "THE" by striking out "PERSON'S ESTATE" and inserting "ESTATE OF A PERSON OTHER THAN A JUVENILE".

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

Rep. Baird demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 490 Yeas--35

Baird Dennis Kelly Rison

Bogardus Garza Kilpatrick Schauer

Brater Gieleghem LaForge Scott

Brown, B. Hale Lemmons Stallworth

Callahan Hanley Lockwood Switalski

Cherry Hansen Martinez Thomas

Clark, I. Hardman Minore Wojno

Clarke, H. Jacobs Price Woodward

Daniels Jamnick Quarles

Nays--69

Allen Garcia Kukuk Rocca

Basham Gilbert LaSata Sanborn

Birkholz Godchaux Law Schermesser

Bisbee Gosselin Mans Scranton

Bishop Green Mead Shackleton

Bovin Hager Middaugh Sheltrown

Bradstreet Hart Mortimer Shulman

Brown, C. Howell Neumann Spade

Byl Jansen O'Neil Stamas

Cassis Jelinek Pappageorge Tabor

Caul Jellema Patterson Tesanovich

DeHart Johnson, Rick Pestka Toy

DeRossett Johnson, Ruth Pumford Van Woerkom

DeVuyst Julian Raczkowski Vander Roest

DeWeese Koetje Richardville Vear

Ehardt Kowall Richner Voorhees

Faunce Kuipers Rivet Woronchak

Frank

In The Chair: Patterson

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

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

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

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

______

Rep. Vander Roest moved that Rep. Byl 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. 5747, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," (MCL 600.101 to 600.9948) by adding section 2951a.

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

Roll Call No. 491 Yeas--68

Allen Geiger LaSata Sanborn

Birkholz Gilbert Law Schermesser

Bisbee Gosselin Mans Scranton

Bishop Green Mead Shackleton

Bovin Hager Middaugh Sheltrown

Brown, B. Hart Mortimer Shulman

Brown, C. Howell Neumann Spade

Callahan Jansen Pappageorge Stamas

Cassis Jelinek Patterson Tabor

Caul Jellema Perricone Tesanovich

DeHart Johnson, Rick Pestka Toy

DeRossett Johnson, Ruth Pumford Van Woerkom

DeVuyst Julian Raczkowski Vander Roest

DeWeese Koetje Richardville Vear

Ehardt Kowall Richner Voorhees

Faunce Kuipers Rivet Wojno

Garcia Kukuk Rocca Woronchak

Nays--39

Baird Dennis Jamnick Quarles

Basham Frank Kelly Reeves

Bogardus Garza Kilpatrick Rison

Bradstreet Gieleghem LaForge Schauer

Brater Godchaux Lemmons Scott

Brewer Hale Lockwood Stallworth

Cherry Hanley Martinez Switalski

Clark, I. Hansen Minore Thomas

Clarke, H. Hardman O'Neil Woodward

Daniels Jacobs Price

In The Chair: Patterson

The House agreed to the title of the bill.

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

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

______

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

"Mr. Speaker and members of the House:

Today I voted no on House Bill 5747 because this bill will open too many loopholes to prevent the prosecution of those whose negligence results in the senseless deaths of children and others from gun violence.

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:

______

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

The motion prevailed.

Rep. Pappageorge moved that Rep. Geiger be excused temporarily from today's session.

The motion prevailed.

Second Reading of Bills

House Bill No. 5744, entitled

A bill to create the project exile commission; to prescribe the duties of the members of the commission; to create the project exile fund; and to provide for disbursements from the fund.

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

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

Rep. Brater moved to amend the bill as follows:

1. Amend page 3, line 18, by striking out "agencies and prosecuting attorneys" and inserting "agencies, prosecuting attorneys, and the state appellate defender office".

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

Rep. Brater demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 492 Yeas--24

Baird Daniels LaForge Rison

Bogardus Garza Lemmons Schauer

Brater Hale Lockwood Scott

Cherry Hansen Martinez Stallworth

Clark, I. Kelly Price Switalski

Clarke, H. Kilpatrick Reeves Thomas

Nays--74

Allen Frank Kukuk Sanborn

Basham Garcia LaSata Schermesser

Birkholz Gieleghem Law Scranton

Bisbee Gilbert Mans Shackleton

Bishop Godchaux Mead Sheltrown

Bovin Gosselin Middaugh Shulman

Bradstreet Green Mortimer Spade

Brown, B. Hager Neumann Stamas

Brown, C. Hart O'Neil Tabor

Byl Howell Pappageorge Tesanovich

Callahan Jansen Patterson Toy

Cassis Jelinek Pestka Van Woerkom

Caul Jellema Pumford Vander Roest

DeHart Johnson, Rick Raczkowski Vear

DeRossett Johnson, Ruth Richardville Voorhees

DeVuyst Julian Richner Wojno

DeWeese Koetje Rivet Woodward

Ehardt Kowall Rocca Woronchak

Faunce Kuipers

In The Chair: Patterson

______

Rep. Martinez moved that Rep. Baird be excused temporarily from today's session.

The motion prevailed.

Rep. Gieleghem moved to amend the bill as follows:

1. Amend page 3, following line 24, by inserting:

"(c) Provide information and training to law enforcement agencies and prosecuting attorneys to facilitate and encourage the prosecution of firearms dealers who sell firearms to minors or persons otherwise prohibited from purchasing firearms under the laws of this state or of the United States." and relettering the remaining subdivisions.

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

Rep. Gieleghem demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 493 Yeas--38

Bogardus Frank Lemmons Rivet

Brater Garza Lockwood Schauer

Brown, B. Gieleghem Martinez Scott

Byl Hale Minore Stallworth

Callahan Hanley O'Neil Switalski

Cherry Hansen Pestka Thomas

Clark, I. Jacobs Price Wojno

Clarke, H. Jamnick Reeves Woodward

Daniels Kelly Rison Woronchak

Dennis LaForge

Nays--63

Allen Garcia Kuipers Sanborn

Basham Gilbert Kukuk Schermesser

Birkholz Godchaux LaSata Scranton

Bisbee Gosselin Law Shackleton

Bishop Green Mans Sheltrown

Bovin Hager Mead Shulman

Bradstreet Hart Middaugh Spade

Brown, C. Howell Mortimer Stamas

Cassis Jansen Neumann Tabor

Caul Jelinek Pappageorge Tesanovich

DeHart Jellema Patterson Toy

DeRossett Johnson, Rick Pumford Van Woerkom

DeVuyst Johnson, Ruth Raczkowski Vander Roest

DeWeese Julian Richardville Vear

Ehardt Koetje Richner Voorhees

Faunce Kowall Rocca

In The Chair: Patterson

Rep. Jacobs moved to amend the bill as follows:

1. Amend page 4, following line 23, by inserting:

"Sec. 4. The commission shall file an annual report with the secretary of the senate and the clerk of the house of representatives disclosing all of the following:

(a) All contributions to the fund.

(b) All expenditures from the fund.

(c) The number of arrests made for felony firearm violations in this state and the disposition of those cases. The information provided under this subdivision shall be broken down on a geographical basis.".

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

Rep. Garza moved to amend the bill as follows:

1. Amend page 4, following line 23, by inserting:

"Sec. 4. This act is repealed September 1, 2005.".

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

Rep. Garza moved to amend the bill as follows:

1. Amend page 4, following line 12, by inserting:

"(e) To develop standards recommended for use by county prosecuting attorneys in deciding whether a case should be prosecuted under the laws of this state or the United States to ensure consistency in prosecution among the various counties of this state.".

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

Rep. Garza demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 494 Yeas--31

Bogardus Garza Kilpatrick Rison

Brater Gieleghem LaForge Scott

Callahan Hale Lemmons Stallworth

Cherry Hanley Lockwood Switalski

Clark, I. Hansen Martinez Thomas

Clarke, H. Jacobs Minore Wojno

Daniels Jamnick Price Woodward

Dennis Kelly Reeves

Nays--70

Allen Frank Kukuk Rocca

Basham Garcia LaSata Sanborn

Birkholz Gilbert Law Schermesser

Bisbee Godchaux Mans Scranton

Bishop Gosselin Mead Shackleton

Bovin Green Middaugh Sheltrown

Bradstreet Hager Mortimer Shulman

Brown, B. Hart Neumann Spade

Brown, C. Howell O'Neil Stamas

Byl Jansen Pappageorge Tabor

Cassis Jelinek Patterson Tesanovich

Caul Jellema Pestka Toy

DeHart Johnson, Rick Pumford Van Woerkom

DeRossett Johnson, Ruth Raczkowski Vander Roest

DeVuyst Julian Richardville Vear

DeWeese Koetje Richner Voorhees

Ehardt Kowall Rivet Woronchak

Faunce Kuipers

In The Chair: Patterson

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

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

Rep. Byl 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. 5744, entitled

A bill to create the project exile commission; to prescribe the duties of the members of the commission; to create the project exile fund; and to provide for disbursements from the fund.

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

Roll Call No. 495 Yeas--80

Allen Frank Kukuk Sanborn

Basham Garcia LaSata Schauer

Birkholz Geiger Law Schermesser

Bisbee Gieleghem Lockwood Scranton

Bishop Gilbert Mans Shackleton

Bovin Gosselin Mead Sheltrown

Brown, B. Green Middaugh Shulman

Brown, C. Hager Mortimer Spade

Byl Hart Neumann Stamas

Callahan Howell O'Neil Switalski

Cassis Jacobs Pappageorge Tabor

Caul Jansen Patterson Tesanovich

Cherry Jelinek Perricone Toy

DeHart Jellema Pestka Van Woerkom

Dennis Johnson, Rick Pumford Vander Roest

DeRossett Johnson, Ruth Raczkowski Vear

DeVuyst Julian Richardville Voorhees

DeWeese Koetje Richner Wojno

Ehardt Kowall Rivet Woodward

Faunce Kuipers Rocca Woronchak

Nays--23

Bradstreet Godchaux Kilpatrick Reeves

Brater Hale LaForge Rison

Clark, I. Hanley Lemmons Scott

Clarke, H. Hansen Martinez Stallworth

Daniels Jamnick Minore Thomas

Garza Kelly Price

In The Chair: Patterson

The House agreed to the title of the bill.

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

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

______

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:

This bill is just another means of warehousing people in jails and prisons rather than begin to deal with the challenges of society today."

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 18:

Senate Bill Nos. 1283 1284 1287

The Clerk announced that the following bills had been printed and placed upon the files of the members, Friday, May 19:

Senate Bill Nos. 1274 1276 1278 1281 1282 1285 1286

The Clerk announced that the following bills had been printed and placed upon the files of the members, Wednesday, May 24:

House Bill Nos. 5814 5815 5816 5817 5818 5819 5820 5821 5822 5823 5824 5825 5826 5827 5828 5829 5830 5831 5832 5833

The Clerk announced that the following Senate bills had been received on Wednesday, May 24:

Senate Bill Nos. 1052 1053 1187 1208 1209 1210 1211 1254 1277

By unanimous consent the House returned to the order of

Messages from the Senate

House Bill No. 4684, entitled

A bill to amend 1961 PA 236, entitled "An act to revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of such courts, and of the judges and other officers thereof; the forms and attributes of civil claims and actions; the time within which civil actions and proceedings may be brought in said courts; pleading, evidence, practice and procedure in civil and criminal actions and proceedings in said courts; to provide remedies and penalties for the violation of certain provisions of this act; to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act; and to repeal acts and parts of acts," by amending section 2162 (MCL 600.2162), as amended by 1994 PA 67.

The Senate has amended the bill as follows:

1. Amend page 4, following line 7, by inserting:

"Enacting section 1. This act takes effect 90 days after the date this act is enacted.".

The Senate has passed the bill as amended.

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

House Bill No. 5273, entitled

A bill to make appropriations for the department of agriculture for the fiscal year ending September 30, 2001; to provide for the expenditure of the appropriations; to create funds; to provide for the imposition of fees; to require reports, audits, and plans; to authorize certain transfers by certain state agencies; and to provide for the disposition of fees and other income received by certain state agencies.

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. 5276, entitled

A bill to make appropriations for the department of environmental quality for the fiscal year ending September 30, 2001; to provide for the expenditure of those appropriations; to create funds and accounts; to require reports; to prescribe certain powers and duties of certain state agencies and officials; to authorize certain transfers by certain state agencies; and to provide for the disposition of fees and other income received by the various state agencies.

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. 5279, entitled

A bill to make appropriations for the judicial branch for the fiscal year ending September 30, 2001; to provide for the expenditure of these appropriations; to place certain restrictions on the expenditure of these appropriations; to prescribe the powers and duties of certain officials and employees; to require certain reports; and to provide for the disposition of fees and other income received by the judicial branch.

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

The Senate has passed the bill as substituted (S-1), ordered that it be given immediate effect and amended the title to read as follows:

A bill to make appropriations for the judicial branch for the fiscal years ending September 30, 2000 and September 30, 2001; to provide for the expenditure of these appropriations; to place certain restrictions on the expenditure of these appropriations; to prescribe the powers and duties of certain officials and employees; to require certain reports; and to provide for the disposition of fees and other income received by the judicial branch.

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

House Bill No. 5280, entitled

A bill to make appropriations for the department of military and veterans affairs for the fiscal year ending September 30, 2001; to provide for the expenditure of the appropriations; to provide for certain powers and duties of the department of military and veterans affairs, other state agencies, and local units of government related to the appropriations; and to provide for the preparation of certain reports related to the appropriations.

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. 5282, entitled

A bill to make appropriations for the department of state police and certain other state purposes for the fiscal year ending September 30, 2001; to provide for the expenditure of those appropriations; to provide for certain reports and the consideration of those reports; to provide for the disposition of other income received by the various state agencies; to provide for the testing of certain persons; to provide for certain emergency powers; and to provide for the powers and duties of certain committees, certain state agencies, and certain employees.

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.

Senate Bill No. 1052, entitled

A bill to amend 1939 PA 288, entitled "Probate code of 1939," by amending section 19b of chapter XIIA (MCL 712A.19b), as amended by 2000 PA 46, and by adding chapter XII.

The Senate has passed the bill.

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

Senate Bill No. 1053, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 135 (MCL 750.135).

The Senate has passed the bill.

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

Senate Bill No. 1187, entitled

A bill to amend 1975 PA 238, entitled "Child protection law," by amending section 8 (MCL 722.628), as amended by 2000 PA 45.

The Senate has passed the bill.

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

Senate Bill No. 1208, entitled

A bill to provide review of certain health care coverage adverse determinations made by health carriers; to prescribe eligibility, powers, and duties of certain independent review organizations; to prescribe the powers and duties of certain health carriers; to prescribe the powers and duties of certain persons; to prescribe the powers and duties of certain state officials; to provide for the reporting of certain information; to establish the cancer clinical trials fund; to provide fees; and to provide penalties for violations of this act.

The Senate has passed the bill.

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

Senate Bill No. 1209, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending sections 102, 224, 240, and 2213 (MCL 500.102, 500.224, 500.240, and 500.2213), section 224 as amended by 1998 PA 121, section 240 as amended by 1987 PA 261, and section 2213 as added by 1996 PA 517, and by adding chapter 35; and to repeal acts and parts of acts.

The Senate has passed the bill.

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

Senate Bill No. 1210, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," (MCL 500.100 to 500.8302) by adding section 3580.

The Senate has passed the bill.

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

Senate Bill No. 1211, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 20106, 20124, 20161, and 22205 (MCL 333.20106, 333.20124, 333.20161, and 333.22205), sections 20106 and 20161 as amended by 1996 PA 267 and section 22205 as amended by 1993 PA 88.

The Senate has passed the bill.

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

Senate Bill No. 1254, entitled

A bill to amend 1974 PA 198, entitled "An act to provide for the establishment of plant rehabilitation districts and industrial development districts in local governmental units; to provide for the exemption from certain taxes; to levy and collect a specific tax upon the owners of certain facilities; to provide for the disposition of the tax; to provide for the obtaining and transferring of an exemption certificate and to prescribe the contents of those certificates; to prescribe the powers and duties of the state tax commission and certain officers of local governmental units; and to provide penalties," by amending section 2 (MCL 207.552), as amended by 1999 PA 140.

The Senate has passed the bill.

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

Senate Bill No. 1277, 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 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 therein 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 rate increases without notice and hearing; to qualify residential energy conservation programs permitted under state law for certain federal exemption; to provide for a restructuring of rates for certain utilities; to encourage the utilization of resource recovery facilities; to provide for appeals; to provide appropriations; to declare the effect of this act; to prescribe penalties; and to repeal all acts contrary to this act," (MCL 460.1 to 460.8) by adding section 10z.

The Senate has passed the bill.

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

Motions and Resolutions

Reps. Toy, Spade, Sheltrown, DeHart, Hansen, Richner, Martinez, Pappageorge, Middaugh, Scott, Wojno, Ehardt, Hager, Mead, Garcia, Faunce, Kowall, Julian, Gosselin, Perricone, Birkholz, Shackleton, Voorhees, Cherry, Kelly, LaForge, Jansen, Vander Roest, Switalski, Rocca, Raczkowski, Van Woerkom, Gieleghem, Baird, Bogardus, Bob Brown, Kukuk, Tesanovich, Woronchak, Caul, Tabor, DeRossett, Koetje, Jamnick, Vear, Jellema, Minore and Brater offered the following resolution:

House Resolution No. 359.

A resolution proclaiming October 2-8, 2000, as Italian-American Heritage Week.

Whereas, Over 5.7 million Italians, the third largest group that has immigrated, have come to the United States of America to find a better life; and

Whereas, Our state and nation continue to be renewed and enriched by the many different people from throughout the world who choose to come here and become our fellow citizens. Each brings a part of his or her own heritage, which over time becomes part of our common heritage; and

Whereas, In this millennium year, the Italian-Americans in Michigan will be celebrating the millennium with a series of events to take place during the first week of October to highlight the contribution of the Italian-Americans to American society; and

Whereas, Michigan is fortunate to count among its population significant numbers of families of Italian descent whose culture has contributed greatly to our society and whose many talents and abilities have strengthened and enhanced our state like Marconi whose experiments in wireless communication contributed to the development of our current telecommunication industry and Enrico Fermi whose experiments in controlled nuclear fission led to the peaceful use of nuclear energy. Italian-Americans from Michigan have made noteworthy contributions including Lee Iacocca in the automobile industry and Ambassador Peter Secchia in international politics; and

Whereas, This celebration provides us with an excellent opportunity to not only reflect upon the life and legacy of Italian-Americans, but also to rejoice in our shared culture and celebrate the achievements of Italian-Americans in all fields of endeavor who have brought so much to our communities; now, therefore, be it

Resolved by the House of Representatives, That we proclaim October 2-8 as Italian-American Heritage Week.

Pending the reference of the resolution to a committee,

Rep. Raczkowski 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 Governor

The following messages from the Governor, approving and signing the following bills at the times designated below, were received and read:

Date: May 23, 2000

Time: 2:05 p.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5044 (Public Act No. 111, I.E.), being

An act to amend 1939 PA 288, entitled "An act to revise and consolidate the statutes relating to certain aspects of the family division of circuit court, to the jurisdiction, powers, and duties of the family division of circuit court and its judges and other officers, to the change of name of adults and children, and to the adoption of adults and children; to prescribe certain jurisdiction, powers, and duties of the family division of circuit court and its judges and other officers; to prescribe the manner and time within which certain actions and proceedings may be brought in the family division of the circuit court; to prescribe pleading, evidence, practice, and procedure in certain actions and proceedings in the family division of circuit court; to provide for appeals from certain actions in the family division of circuit court; to prescribe the powers and duties of certain state departments, agencies, and officers; and to provide remedies and penalties," by amending section 1 of chapter XI (MCL 711.1), as amended by 1996 PA 495, and by adding section 3 to chapter XI.

(Filed with the Secretary of State May 24, 2000, at 9:23 a.m.)

Date: May 23, 2000

Time: 5:30 p.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 4712 (Public Act No. 112, I.E.), being

An act to amend 1961 PA 236, entitled "An act to revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of such courts, and of the judges and other officers thereof; the forms and attributes of civil claims and actions; the time within which civil actions and proceedings may be brought in said courts; pleading, evidence, practice and procedure in civil and criminal actions and proceedings in said courts; to provide remedies and penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act; and to repeal acts and parts of acts," by amending sections 916, 934, and 2950b (MCL 600.916, 600.934, and 600.2950b), section 934 as amended by 1980 PA 271 and section 2950b as amended by 1994 PA 403, and by adding section 2950c.

(Filed with the Secretary of State May 24, 2000, at 9:25 a.m.)

Introduction of Bills

Rep. Vander Roest introduced

House Bill No. 5834, entitled

A bill to amend 1996 PA 376, entitled "Michigan renaissance zone act," by amending section 12 (MCL 125.2692).

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

Reps. Kelly, Stallworth, Sheltrown and Rick Johnson introduced

House Bill No. 5835, entitled

A bill to amend 1980 PA 119, entitled "Motor carrier fuel tax act," by amending section 4 (MCL 207.214), as amended by 1996 PA 584.

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

Rep. Law introduced

House Bill No. 5836, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending section 3406k (MCL 500.3406k), as added by 1998 PA 125.

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

Rep. Law introduced

House Bill No. 5837, entitled

A bill to amend 1980 PA 350, entitled "The nonprofit health care corporation reform act," by amending section 418 (MCL 550.1418), as added by 1998 PA 124.

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

Rep. Law introduced

House Bill No. 5838, entitled

A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding section 21052c.

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

Reps. Birkholz, Rick Johnson, Tabor, Jellema, Byl and DeVuyst introduced

House Bill No. 5839, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 5527 (MCL 324.5527).

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

Reps. Scott, Price, DeHart, Scranton, Hale, Daniels, Quarles, Brewer, Stallworth, Rison, Hardman, Reeves, Basham, Clark, Garza, DeWeese, Martinez, Jacobs, Brater, Schermesser, Kelly, Cherry, Godchaux, Hanley, Baird, Lockwood, Callahan, Clarke, Gieleghem, Minore, Jamnick, Frank, Sheltrown, Bovin, Wojno, Woodward, O'Neil, Dennis, Mans, Tesanovich, Kilpatrick, Stamas and Thomas introduced

House Bill No. 5840, entitled

A bill to amend 1966 PA 331, entitled "Community college act of 1966," by amending sections 31 and 32 (MCL 389.31 and 389.32).

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

Rep. Tabor introduced

House Bill No. 5841, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding part 481; and to repeal acts and parts of acts.

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

Rep. Tabor introduced

House Bill No. 5842, entitled

A bill to amend 1969 PA 306, entitled "Administrative procedures act of 1969," by amending section 7 (MCL 24.207), as amended by 1999 PA 262.

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

______

Associate Speaker Pro Tempore Scranton assumed the Chair.

By unanimous consent the House returned to the order of

Second Reading of Bills

House Bill No. 5746, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 16m of chapter XVII (MCL 777.16m), as added by 1998 PA 317.

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

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

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

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

______

Rep. Price moved that Rep. Hanley be excused temporarily from today's session.

The motion prevailed.

Rep. Schauer moved that Rep. Mans be excused temporarily from today's session.

The motion prevailed.

Rep. O'Neil moved that Rep. Lockwood 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. 5746, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 16m of chapter XVII (MCL 777.16m), as added by 1998 PA 317.

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

Roll Call No. 496 Yeas--84

Allen Faunce Kuipers Rocca

Basham Frank Kukuk Sanborn

Birkholz Garcia LaSata Schauer

Bisbee Geiger Law Schermesser

Bishop Gieleghem Martinez Scranton

Bogardus Gilbert Mead Shackleton

Brater Gosselin Middaugh Sheltrown

Brewer Green Minore Shulman

Brown, B. Hager Mortimer Spade

Brown, C. Hansen Neumann Stamas

Byl Hart O'Neil Switalski

Callahan Howell Pappageorge Tabor

Cassis Jamnick Patterson Tesanovich

Caul Jansen Perricone Toy

Cherry Jelinek Pestka Van Woerkom

DeHart Jellema Price Vander Roest

Dennis Johnson, Rick Pumford Vear

DeRossett Johnson, Ruth Raczkowski Voorhees

DeVuyst Julian Richardville Wojno

DeWeese Koetje Richner Woodward

Ehardt Kowall Rivet Woronchak

Nays--19

Bradstreet Godchaux Kilpatrick Rison

Clark, I. Hale LaForge Scott

Clarke, H. Hardman Lemmons Stallworth

Daniels Jacobs Quarles Thomas

Garza Kelly Reeves

In The Chair: Scranton

The House agreed to the title of the bill.

Rep. Raczkowski 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. 5782, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 11 of chapter XVII (MCL 777.11), as amended by 1999 PA 90.

The bill was read a second time.

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

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

Rep. Raczkowski 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. 5782, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 11 of chapter XVII (MCL 777.11), as amended by 1999 PA 90.

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

Roll Call No. 497 Yeas--93

Allen Frank Kuipers Richner

Basham Garcia Kukuk Rivet

Birkholz Gieleghem LaForge Rocca

Bisbee Gilbert LaSata Sanborn

Bishop Godchaux Law Schauer

Bogardus Gosselin Lockwood Schermesser

Bradstreet Green Mans Scranton

Brater Hager Mead Shackleton

Brewer Hanley Middaugh Sheltrown

Brown, B. Hansen Minore Shulman

Brown, C. Hart Mortimer Spade

Byl Howell Neumann Stamas

Callahan Jacobs O'Neil Switalski

Cassis Jamnick Pappageorge Tabor

Caul Jansen Patterson Tesanovich

Cherry Jelinek Perricone Toy

Clark, I. Jellema Pestka Van Woerkom

Clarke, H. Johnson, Rick Price Vander Roest

DeHart Johnson, Ruth Pumford Vear

DeRossett Julian Quarles Voorhees

DeVuyst Kelly Raczkowski Wojno

DeWeese Koetje Reeves Woodward

Ehardt Kowall Richardville Woronchak

Faunce

Nays--9

Daniels Hardman Lemmons Stallworth

Garza Kilpatrick Scott Thomas

Hale

In The Chair: Scranton

The House agreed to the title of the bill.

Rep. Raczkowski 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. 5741, entitled

A bill to require disclosures of criminal convictions and certain conduct by certain persons; to require criminal history checks of certain persons; to require disclosure of child abuse or child neglect records of certain persons; to regulate the employment of certain persons; to prescribe the powers and duties and limit the liability of certain state and local departments and agencies; and to prescribe penalties.

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

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

Reps. Callahan and LaForge moved to substitute (H-6) the bill.

The question being on the adoption of the substitute (H-6) offered by Reps. Callahan and LaForge,

Rep. Callahan demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the substitute (H-6) offered by Reps. Callahan and LaForge,

The substitute (H-6) was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:

Roll Call No. 498 Yeas--46

Basham Frank Mans Schauer

Bogardus Garza Martinez Schermesser

Bovin Gieleghem Minore Scott

Brater Hale Neumann Sheltrown

Brewer Hanley O'Neil Spade

Callahan Hansen Pestka Stallworth

Cherry Hardman Price Switalski

Clark, I. Jacobs Quarles Tesanovich

Clarke, H. Jamnick Reeves Thomas

Daniels Kelly Rison Wojno

DeHart LaForge Rivet Woodward

Dennis Lockwood

Nays--57

Allen Gilbert Kowall Richner

Birkholz Godchaux Kuipers Rocca

Bisbee Gosselin Kukuk Sanborn

Bishop Green LaSata Scranton

Brown, C. Hager Law Shackleton

Byl Hart Mead Shulman

Cassis Howell Middaugh Stamas

Caul Jansen Mortimer Tabor

DeRossett Jelinek Pappageorge Toy

DeVuyst Jellema Patterson Van Woerkom

DeWeese Johnson, Rick Perricone Vander Roest

Ehardt Johnson, Ruth Pumford Vear

Faunce Julian Raczkowski Voorhees

Garcia Koetje Richardville Woronchak

Geiger

In The Chair: Scranton

Reps. Hart and Clarke moved to amend the bill as follows:

1. Amend page 3, line 3, after "services" by inserting "under section 1(e), (f)(iii), or (f)(iv) of 1973 PA 116, MCL722.111,''.

2. Amend page 3, line 7, after "activities." by striking out the balance of the subdivision.

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

______

Rep. Jacobs moved that Rep. Kilpatrick be excused temporarily from today's session.

The motion prevailed.

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

The motion prevailed.

Rep. Hardman moved to amend the bill as follows:

1. Amend page 9, line 25, after "may" by striking out "employ" and inserting "hire".

2. Amend page 9, line 27, after "check" by striking out "with appropriate staff supervision" and inserting "but the applicant may not work for the child-related employer".

3. Amend page 10, line 6, after "shall" by striking out "not hire the applicant or may".

4. Amend page 10, line 7, after "employee." by striking out the balance of the subsection.

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

Rep. Hardman demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 499 Yeas--52

Basham Dennis Kowall Rison

Bogardus Frank LaForge Schauer

Bovin Garza Lemmons Schermesser

Brater Gieleghem Lockwood Scott

Brewer Hager Mans Sheltrown

Brown, B. Hale Martinez Spade

Byl Hanley Minore Stallworth

Callahan Hansen Neumann Switalski

Cherry Hardman O'Neil Tesanovich

Clark, I. Jacobs Pestka Thomas

Clarke, H. Jamnick Price Van Woerkom

Daniels Jellema Quarles Wojno

DeHart Kelly Reeves Woodward

Nays--52

Allen Geiger Kuipers Richner

Birkholz Gilbert Kukuk Rocca

Bisbee Godchaux LaSata Sanborn

Bishop Gosselin Law Scranton

Brown, C. Green Mead Shackleton

Cassis Hart Middaugh Shulman

Caul Howell Mortimer Stamas

DeRossett Jansen Pappageorge Tabor

DeVuyst Jelinek Patterson Toy

DeWeese Johnson, Rick Perricone Vander Roest

Ehardt Johnson, Ruth Pumford Vear

Faunce Julian Raczkowski Voorhees

Garcia Koetje Richardville Woronchak

In The Chair: Scranton

Rep. LaForge moved to amend the bill as follows:

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

"(12) An applicant, child-related employee, or volunteer who fully complies with the conditions under this act, may request of their employer and shall receive a copy of their background and central registry checks.".

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

Rep. LaForge demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 500 Yeas--103

Allen Frank Kukuk Rivet

Basham Garcia LaForge Rocca

Birkholz Garza LaSata Sanborn

Bisbee Gieleghem Law Schauer

Bishop Gilbert Lemmons Schermesser

Bogardus Godchaux Lockwood Scott

Bovin Gosselin Mans Scranton

Brater Green Martinez Shackleton

Brewer Hager Mead Sheltrown

Brown, B. Hale Middaugh Shulman

Brown, C. Hansen Minore Spade

Byl Hardman Mortimer Stallworth

Callahan Hart Neumann Stamas

Cassis Howell O'Neil Switalski

Caul Jacobs Pappageorge Tabor

Cherry Jamnick Patterson Tesanovich

Clark, I. Jansen Perricone Thomas

Clarke, H. Jelinek Pestka Toy

Daniels Jellema Price Van Woerkom

DeHart Johnson, Rick Pumford Vander Roest

Dennis Johnson, Ruth Quarles Vear

DeRossett Julian Raczkowski Voorhees

DeVuyst Kelly Reeves Wojno

DeWeese Koetje Richardville Woodward

Ehardt Kowall Richner Woronchak

Faunce Kuipers Rison

Nays--0

In The Chair: Scranton

Rep. LaForge moved to amend the bill as follows:

1. Amend page 3, following line 9, by inserting:

"(h) Child-related volunteer" means a child-related employer's full-time or part-time unpaid volunteer who has provided services for at least 1 year." and relettering the remaining subdivisions.

2. Amend page 12, line 12, after "Sec. 11." by striking out the balance of the section and inserting "a child-related employer shall request a criminal record check and a central registry check on a child-related volunteer who has provided volunteer services for at least 1 year. A child-related volunteer shall comply with and is subject to all the provisions of this act.".

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

Rep. LaForge demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 501 Yeas--20

Brater Garza LaForge Quarles

Brown, B. Hale Mans Rison

Clark, I. Hansen Martinez Scott

Clarke, H. Hardman Minore Stallworth

Daniels Kelly Price Thomas

Nays--79

Allen Garcia Kukuk Schauer

Basham Geiger LaSata Schermesser

Birkholz Gieleghem Law Scranton

Bisbee Gilbert Lockwood Shackleton

Bishop Godchaux Mead Sheltrown

Bovin Gosselin Middaugh Shulman

Bradstreet Green Mortimer Spade

Brewer Hager Neumann Stamas

Brown, C. Hart O'Neil Switalski

Byl Howell Pappageorge Tabor

Callahan Jamnick Patterson Tesanovich

Cassis Jansen Perricone Toy

Caul Jelinek Pumford Van Woerkom

DeHart Jellema Raczkowski Vander Roest

DeRossett Johnson, Rick Reeves Vear

DeVuyst Johnson, Ruth Richardville Voorhees

DeWeese Julian Richner Wojno

Ehardt Koetje Rivet Woodward

Faunce Kowall Rocca Woronchak

Frank Kuipers Sanborn

In The Chair: Scranton

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

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

Rep. Raczkowski 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. 5741, 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. 502 Yeas--106

Allen Garcia Kuipers Rison

Basham Garza Kukuk Rivet

Birkholz Geiger LaForge Rocca

Bisbee Gieleghem LaSata Sanborn

Bishop Gilbert Law Schauer

Bogardus Godchaux Lemmons Schermesser

Bovin Gosselin Lockwood Scott

Bradstreet Green Mans Scranton

Brater Hager Martinez Shackleton

Brewer Hale Mead Sheltrown

Brown, B. Hanley Middaugh Shulman

Brown, C. Hansen Minore Spade

Byl Hardman Mortimer Stallworth

Callahan Hart Neumann Stamas

Cassis Howell O'Neil Switalski

Caul Jacobs Pappageorge Tabor

Clark, I. Jamnick Patterson Tesanovich

Clarke, H. Jansen Perricone Thomas

Daniels Jelinek Pestka Toy

DeHart Jellema Price Van Woerkom

Dennis Johnson, Rick Pumford Vander Roest

DeRossett Johnson, Ruth Quarles Vear

DeVuyst Julian Raczkowski Voorhees

DeWeese Kelly Reeves Wojno

Ehardt Kilpatrick Richardville Woodward

Faunce Koetje Richner Woronchak

Frank Kowall

Nays--0

In The Chair: Scranton

The House agreed to the title of the bill.

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

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

______

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

"Mr. Speaker and members of the House:

I was absent from the Chamber when the vote was taken on Roll Call No. 496. Had I been present, I would have voted 'yea'."

Second Reading of Bills

House Bill No. 5742, 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 and 11 (MCL 722.115 and 722.121), section 5 as amended by 1998 PA 519 and section 11 as amended by 1980 PA 232.

The bill was read a second time.

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

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

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

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

______

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

The motion prevailed.

Associate Speaker Pro Tempore Patterson resumed the Chair.

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 5742, 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. 503 Yeas--104

Allen Faunce Koetje Richner

Basham Frank Kowall Rison

Birkholz Garcia Kuipers Rivet

Bisbee Garza Kukuk Rocca

Bishop Gieleghem LaForge Sanborn

Bogardus Gilbert LaSata Schauer

Bovin Godchaux Law Schermesser

Bradstreet Gosselin Lemmons Scott

Brater Green Lockwood Scranton

Brewer Hager Martinez Shackleton

Brown, B. Hale Mead Sheltrown

Brown, C. Hanley Middaugh Shulman

Byl Hansen Minore Spade

Callahan Hardman Mortimer Stallworth

Cassis Hart Neumann Stamas

Caul Howell O'Neil Switalski

Cherry Jacobs Pappageorge Tabor

Clark, I. Jamnick Patterson Tesanovich

Clarke, H. Jansen Perricone Toy

Daniels Jelinek Pestka Van Woerkom

DeHart Jellema Price Vander Roest

Dennis Johnson, Rick Pumford Vear

DeRossett Johnson, Ruth Quarles Voorhees

DeVuyst Julian Raczkowski Wojno

DeWeese Kelly Reeves Woodward

Ehardt Kilpatrick Richardville Woronchak

Nays--0

In The Chair: Patterson

The House agreed to the title of the bill.

Rep. Raczkowski 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. 5743, entitled

A bill to amend 1975 PA 238, entitled "Child protection law," by amending section 7 (MCL 722.627), as amended by 1998 PA 485.

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

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

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

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

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

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

______

Rep. Cherry moved that Rep. Thomas 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. 5743, entitled

A bill to amend 1975 PA 238, entitled "Child protection law," by amending section 7 (MCL 722.627), as amended by 1998 PA 485.

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

Roll Call No. 504 Yeas--103

Allen Faunce Kowall Rison

Basham Frank Kuipers Rivet

Birkholz Garcia Kukuk Rocca

Bisbee Garza LaForge Sanborn

Bishop Gieleghem LaSata Schauer

Bogardus Gilbert Law Schermesser

Bovin Godchaux Lemmons Scott

Bradstreet Gosselin Lockwood Scranton

Brater Green Martinez Shackleton

Brewer Hager Mead Sheltrown

Brown, B. Hale Middaugh Shulman

Brown, C. Hansen Minore Spade

Byl Hardman Mortimer Stallworth

Callahan Hart Neumann Stamas

Cassis Howell O'Neil Switalski

Caul Jacobs Pappageorge Tabor

Cherry Jamnick Patterson Tesanovich

Clark, I. Jansen Perricone Toy

Clarke, H. Jelinek Pestka Van Woerkom

Daniels Jellema Price Vander Roest

DeHart Johnson, Rick Pumford Vear

Dennis Johnson, Ruth Quarles Voorhees

DeRossett Julian Raczkowski Wojno

DeVuyst Kelly Reeves Woodward

DeWeese Kilpatrick Richardville Woronchak

Ehardt Koetje Richner

Nays--0

In The Chair: Patterson

The House agreed to the title of the bill.

Rep. Raczkowski 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. 5693, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," (MCL 380.1 to 380.1852) by adding section 1305.

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

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

Rep. Bogardus moved to amend the bill as follows:

1. Amend page 1, line 1, after "(1)" by striking out the balance of the line through "YEAR," on line 2.

2. Amend page 1, line 4, after "ACADEMY" by striking out "SHALL" and inserting "MAY".

3. Amend page 1, line 8, after "POLICY" by striking out "REQUIRED" and inserting "ALLOWED".

4. Amend page 2, line 10, after "POLICY" by striking out "REQUIRED" and inserting "ALLOWED".

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

Rep. Quarles demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 505 Yeas--39

Basham Dennis LaForge Rivet

Bogardus Garza Lemmons Schauer

Bovin Gieleghem Lockwood Scott

Brater Hale Martinez Stallworth

Brewer Hansen Minore Switalski

Callahan Hardman O'Neil Tesanovich

Cherry Jacobs Price Thomas

Clark, I. Jamnick Quarles Wojno

Clarke, H. Kelly Reeves Woodward

Daniels Kilpatrick Rison

Nays--63

Allen Garcia Kuipers Sanborn

Birkholz Gilbert Kukuk Schermesser

Bisbee Godchaux LaSata Scranton

Bishop Gosselin Law Shackleton

Bradstreet Green Mead Sheltrown

Brown, B. Hager Middaugh Shulman

Brown, C. Hart Mortimer Spade

Byl Howell Neumann Stamas

Cassis Jansen Pappageorge Tabor

Caul Jelinek Patterson Toy

DeHart Jellema Perricone Van Woerkom

DeRossett Johnson, Rick Pumford Vander Roest

DeVuyst Johnson, Ruth Raczkowski Vear

DeWeese Julian Richardville Voorhees

Ehardt Koetje Richner Woronchak

Faunce Kowall Rocca

In The Chair: Patterson

Rep. Faunce moved to amend the bill as follows:

1. Amend page 1, line 5, after "AWARENESS" by inserting "AND CONFLICT RESOLUTION INSTRUCTION".

2. Amend page 1, line 8, after "AWARENESS" by inserting "AND CONFLICT RESOLUTION INSTRUCTION".

3. Amend page 2, line 1, after "INFORMATION" by inserting "AND CONFLICT RESOLUTION INSTRUCTION".

4. Amend page 2, line 3, after "THESE." by striking out the balance of the line through "RESOLUTION." on line4.

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

Rep. Dennis moved to amend the bill as follows:

1. Amend page 2, line 3, after "THESE." by inserting "THE POLICY SHALL PROVIDE THAT A FIREARM SAFETY AND AWARENESS PROGRAM OR FIREARM SAFETY AND AWARENESS INFORMATION SHALL BE BASED ON THE "STOP, DON'T TOUCH, LEAVE THE AREA, AND TELL AN ADULT" MODEL, AND SHALL SPECIFICALLY PROHIBIT INSTRUCTION THAT TEACHES A CHILD HOW TO FIRE OR LOAD A FIREARM.".

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

Rep. Dennis demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 506 Yeas--48

Baird Dennis LaForge Rivet

Basham Frank Lemmons Schauer

Bogardus Garza Lockwood Schermesser

Bovin Gieleghem Martinez Scott

Brater Hale Minore Sheltrown

Brown, B. Hansen O'Neil Spade

Byl Hardman Patterson Stallworth

Callahan Jacobs Pestka Tesanovich

Cherry Jamnick Price Thomas

Clark, I. Jellema Quarles Wojno

Clarke, H. Kelly Reeves Woodward

Daniels Kilpatrick Rison Woronchak

Nays--56

Allen Garcia Kowall Richner

Birkholz Gilbert Kuipers Rocca

Bisbee Godchaux Kukuk Sanborn

Bishop Gosselin LaSata Scranton

Bradstreet Green Law Shackleton

Brown, C. Hager Mead Shulman

Cassis Hart Middaugh Stamas

Caul Howell Mortimer Switalski

DeHart Jansen Neumann Tabor

DeRossett Jelinek Pappageorge Toy

DeVuyst Johnson, Rick Perricone Van Woerkom

DeWeese Johnson, Ruth Pumford Vander Roest

Ehardt Julian Raczkowski Vear

Faunce Koetje Richardville Voorhees

In The Chair: Patterson

Rep. Thomas moved to amend the bill as follows:

1. Amend page 2, line 3, after "POLICY" by striking out "MAY" and inserting "SHALL".

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

Rep. Thomas demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 507 Yeas--45

Baird Frank LaForge Rivet

Basham Garza Lemmons Schauer

Bogardus Gieleghem Lockwood Schermesser

Bovin Hale Martinez Scott

Brater Hanley Minore Sheltrown

Brewer Hansen O'Neil Stallworth

Brown, B. Hardman Pestka Switalski

Callahan Jacobs Price Thomas

Clark, I. Jamnick Quarles Wojno

Clarke, H. Kelly Reeves Woodward

Daniels Kilpatrick Rison Woronchak

Dennis

Nays--60

Allen Garcia Kowall Richner

Birkholz Gilbert Kuipers Rocca

Bisbee Godchaux Kukuk Sanborn

Bishop Gosselin LaSata Scranton

Bradstreet Green Law Shackleton

Brown, C. Hager Mead Shulman

Byl Hart Middaugh Spade

Cassis Howell Mortimer Stamas

Caul Jansen Neumann Tabor

DeHart Jelinek Pappageorge Tesanovich

DeRossett Jellema Patterson Toy

DeVuyst Johnson, Rick Perricone Van Woerkom

DeWeese Johnson, Ruth Pumford Vander Roest

Ehardt Julian Raczkowski Vear

Faunce Koetje Richardville Voorhees

In The Chair: Patterson

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

The motion prevailed.

Senate Bill No. 754, entitled

A bill to amend 1939 PA 288, entitled "Probate code of 1939," (MCL 701.1 to 712A.32) by adding section 18l to chapter XIIA.

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

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

Rep. Richner moved to amend the bill as follows:

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

"Enacting section 1. This amendatory act takes effect October 1, 2000.".

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

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

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

Rep. Raczkowski 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. 754, entitled

A bill to amend 1939 PA 288, entitled "Probate code of 1939," (MCL 701.1 to 712A.32) by adding section 18l to chapter XIIA.

The bill was read a third time.

The question being on the passage of the bill,

After debate,

Rep. Sheltrown demanded the previous question.

The demand was supported.

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

The previous question was ordered.

The question being on the passage of the bill,

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

Roll Call No. 508 Yeas--95

Allen DeWeese Kelly Rison

Baird Ehardt Kilpatrick Rivet

Basham Faunce Kowall Rocca

Birkholz Frank Kukuk Sanborn

Bisbee Garcia LaForge Schauer

Bishop Garza LaSata Schermesser

Bogardus Gieleghem Law Scott

Bovin Gilbert Lemmons Scranton

Brater Godchaux Lockwood Shackleton

Brewer Green Martinez Sheltrown

Brown, B. Hager Mead Shulman

Brown, C. Hale Middaugh Spade

Byl Hanley Minore Stallworth

Callahan Hansen O'Neil Stamas

Cassis Hart Pappageorge Switalski

Caul Howell Patterson Tabor

Cherry Jacobs Pestka Thomas

Clark, I. Jamnick Price Toy

Clarke, H. Jansen Pumford Van Woerkom

Daniels Jelinek Quarles Vander Roest

DeHart Jellema Raczkowski Wojno

Dennis Johnson, Rick Reeves Woodward

DeRossett Johnson, Ruth Richardville Woronchak

DeVuyst Julian Richner

Nays--7

Bradstreet Koetje Mortimer Voorhees

Gosselin Kuipers Vear

In The Chair: Patterson

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

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

The House agreed to the full title.

Rep. Raczkowski 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. 5693, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," (MCL 380.1 to 380.1852) by adding section 1305.

(The bill was considered earlier today, see today's journal, p. 1196.)

Rep. Brater moved to amend the bill as follows:

1. Amend page 1, line 5, after "6" by inserting "UNLESS THE PARENT TEACHER ORGANIZATION OR ASSOCIATION DECIDES BY MAJORITY VOTE AT A REGULARLY SCHEDULED MEETING NOT TO HAVE SUCH A POLICY AT THEIR SCHOOL".

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

Rep. Brater demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 509 Yeas--28

Baird Clarke, H. Jacobs Quarles

Bogardus Daniels Jamnick Reeves

Brater Garza LaForge Rison

Brewer Gieleghem Lockwood Schauer

Callahan Hale Martinez Scott

Cherry Hansen Minore Stallworth

Clark, I. Hardman Price Thomas

Nays--71

Allen Garcia Kuipers Sanborn

Basham Gilbert Kukuk Schermesser

Birkholz Godchaux LaSata Scranton

Bisbee Gosselin Law Shackleton

Bishop Green Mead Sheltrown

Bovin Hager Middaugh Shulman

Bradstreet Hanley Mortimer Spade

Brown, B. Hart Neumann Stamas

Brown, C. Howell O'Neil Switalski

Cassis Jansen Pappageorge Tabor

Caul Jelinek Patterson Toy

DeHart Jellema Perricone Van Woerkom

DeRossett Johnson, Rick Pestka Vander Roest

DeVuyst Johnson, Ruth Pumford Vear

DeWeese Julian Raczkowski Voorhees

Ehardt Kilpatrick Richardville Wojno

Faunce Koetje Richner Woronchak

Frank Kowall Rocca

In The Chair: Patterson

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

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

Rep. Raczkowski 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. 5693, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," (MCL 380.1 to 380.1852) by adding section 1305.

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

Roll Call No. 510 Yeas--85

Allen Ehardt Koetje Rocca

Baird Faunce Kowall Sanborn

Basham Frank Kukuk Schauer

Birkholz Garcia LaSata Schermesser

Bisbee Garza Lockwood Scranton

Bishop Gieleghem Mead Shackleton

Bovin Gilbert Middaugh Sheltrown

Brewer Gosselin Mortimer Shulman

Brown, B. Green Neumann Spade

Brown, C. Hager O'Neil Stamas

Byl Hanley Pappageorge Switalski

Callahan Hansen Patterson Tabor

Cassis Hart Perricone Tesanovich

Caul Howell Pestka Toy

Cherry Jamnick Price Van Woerkom

Clark, I. Jansen Pumford Vander Roest

Clarke, H. Jelinek Raczkowski Vear

DeHart Jellema Reeves Voorhees

Dennis Johnson, Rick Richardville Wojno

DeRossett Johnson, Ruth Richner Woodward

DeVuyst Julian Rivet Woronchak

DeWeese

Nays--20

Bogardus Hale LaForge Quarles

Bradstreet Hardman Law Rison

Brater Jacobs Lemmons Scott

Daniels Kilpatrick Martinez Stallworth

Godchaux Kuipers Minore Thomas

In The Chair: Patterson

The House agreed to the title of the bill.

Rep. Raczkowski 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. 5255, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 1312 (MCL 380.1312), as amended by 1995 PA 289.

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

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

Rep. Raczkowski 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. 5255, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 1312 (MCL 380.1312), as amended by 1995 PA 289.

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

Roll Call No. 511 Yeas--86

Allen Ehardt Kowall Rocca

Baird Faunce Kuipers Sanborn

Basham Frank Kukuk Schauer

Birkholz Garcia LaSata Schermesser

Bisbee Gieleghem Law Scranton

Bishop Gilbert Lockwood Shackleton

Bovin Gosselin Mead Sheltrown

Bradstreet Green Middaugh Shulman

Brewer Hager Mortimer Spade

Brown, B. Hanley Neumann Stamas

Brown, C. Hansen Pappageorge Tabor

Byl Hart Patterson Tesanovich

Callahan Howell Perricone Thomas

Cassis Jamnick Pestka Toy

Caul Jansen Price Van Woerkom

Cherry Jelinek Pumford Vander Roest

Clarke, H. Jellema Raczkowski Vear

DeHart Johnson, Rick Reeves Voorhees

Dennis Johnson, Ruth Richardville Wojno

DeRossett Julian Richner Woodward

DeVuyst Kilpatrick Rivet Woronchak

DeWeese Koetje

Nays--19

Bogardus Godchaux LaForge Rison

Brater Hale Lemmons Scott

Clark, I. Hardman Martinez Stallworth

Daniels Jacobs Minore Switalski

Garza Kelly O'Neil

In The Chair: Patterson

The House agreed to the title of the bill.

Rep. Raczkowski 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. 5256, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 81 (MCL 750.81), as amended by 1994 PA 64.

Was read a second time, and the question being on the adoption of the proposed amendment previously recommended by the Committee on Family and Civil Law (for amendment, see House Journal No. 46, p. 1077),

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

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

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

Rep. Raczkowski 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. 5256, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 81 (MCL 750.81), as amended by 1994 PA 64.

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

Roll Call No. 512 Yeas--93

Allen Frank Kuipers Rison

Baird Garcia Kukuk Rivet

Basham Garza LaSata Rocca

Birkholz Gieleghem Law Sanborn

Bisbee Gilbert Lemmons Schauer

Bishop Gosselin Lockwood Scott

Bovin Green Mead Scranton

Bradstreet Hager Middaugh Shackleton

Brewer Hanley Minore Sheltrown

Brown, B. Hansen Mortimer Shulman

Brown, C. Hart Neumann Spade

Byl Howell O'Neil Stamas

Callahan Jamnick Pappageorge Tabor

Cassis Jansen Patterson Tesanovich

Caul Jelinek Perricone Thomas

Cherry Jellema Pestka Toy

Clark, I. Johnson, Rick Price Van Woerkom

Clarke, H. Johnson, Ruth Pumford Vander Roest

DeHart Julian Quarles Vear

DeRossett Kelly Raczkowski Voorhees

DeVuyst Kilpatrick Reeves Wojno

DeWeese Koetje Richardville Woodward

Ehardt Kowall Richner Woronchak

Faunce

Nays--10

Brater Hale LaForge Stallworth

Daniels Hardman Martinez Switalski

Godchaux Jacobs

In The Chair: Patterson

The House agreed to the title of the bill.

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

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

______

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

"Mr. Speaker and members of the House:

I was absent from the Chamber when the vote was taken on Roll Call Nos. 493-505. Had I been present, I would have voted 'yea' on Roll Call Nos. 493-500 and 502-505, and 'nay' on Roll Call No. 501."

Second Reading of Bills

House Bill No. 5740, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 1233 (MCL 380.1233), as amended by 1995 PA 289.

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. Gieleghem moved to amend the bill as follows:

1. Amend page 4, following line 21, by inserting:

"(8) THE BOARD OF A SCHOOL DISTRICT OR LOCAL ACT SCHOOL DISTRICT OR BOARD OF DIRECTORS OF A PUBLIC SCHOOL ACADEMY SHALL EMPLOY AND ASSIGN SUFFICIENT SCHOOL COUNSELORS TO ENSURE THAT THE FOLLOWING RATIOS OF SCHOOL COUNSELORS TO PUPILS ARE MAINTAINED:

(A) FOR THE 2000-2001 SCHOOL YEAR, AT LEAST 1 SCHOOL COUNSELOR FOR EVERY 650 PUPILS.

(B) FOR THE 2001-2002 SCHOOL YEAR, AT LEAST 1 SCHOOL COUNSELOR FOR EVERY 550 PUPILS.

(D) FOR THE 2003-2004 SCHOOL YEAR, AT LEAST 1 SCHOOL COUNSELOR FOR EVERY 350 PUPILS.

(E) FOR THE 2004-2005 SCHOOL YEAR AND SUBSEQUENT SCHOOL YEARS, AT LEAST 1 SCHOOL COUNSELOR FOR EVERY 300 PUPILS.".

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

Rep. Gieleghem demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 513 Yeas--50

Baird Dennis Lemmons Schauer

Basham Frank Lockwood Schermesser

Bogardus Garza Martinez Scott

Bovin Gieleghem Minore Shackleton

Brater Hale Neumann Sheltrown

Brewer Hanley O'Neil Spade

Brown, B. Hansen Pestka Stallworth

Callahan Hardman Price Switalski

Cherry Jacobs Quarles Tesanovich

Clark, I. Jamnick Reeves Thomas

Clarke, H. Kelly Rison Wojno

Daniels Kilpatrick Rivet Woodward

DeHart LaForge

Nays--56

Allen Garcia Koetje Richardville

Birkholz Gilbert Kowall Richner

Bisbee Godchaux Kuipers Rocca

Bishop Gosselin Kukuk Sanborn

Bradstreet Green LaSata Scranton

Brown, C. Hager Law Shulman

Byl Hart Mead Stamas

Cassis Howell Middaugh Tabor

Caul Jansen Mortimer Toy

DeRossett Jelinek Pappageorge Van Woerkom

DeVuyst Jellema Patterson Vander Roest

DeWeese Johnson, Rick Perricone Vear

Ehardt Johnson, Ruth Pumford Voorhees

Faunce Julian Raczkowski Woronchak

In The Chair: Patterson

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

1. Amend page 4, following line 21, by inserting:

(A) FOR THE 2000-2001 SCHOOL YEAR, AT LEAST 1 SCHOOL COUNSELOR FOR EVERY 650 PUPILS.

(B) FOR THE 2001-2002 SCHOOL YEAR, AT LEAST 1 SCHOOL COUNSELOR FOR EVERY 550 PUPILS.

(D) FOR THE 2003-2004 SCHOOL YEAR, AT LEAST 1 SCHOOL COUNSELOR FOR EVERY 350 PUPILS.

(E) FOR THE 2004-2005 SCHOOL YEAR AND SUBSEQUENT SCHOOL YEARS, AT LEAST 1 SCHOOL COUNSELOR FOR EVERY 300 PUPILS.

(9) THE BOARD OF A SCHOOL DISTRICT OR LOCAL ACT SCHOOL DISTRICT OR BOARD OF DIRECTORS OF A PUBLIC SCHOOL ACADEMY SHALL EMPLOY AND ASSIGN SUFFICIENT SCHOOL SOCIAL WORKERS TO ENSURE THAT THE FOLLOWING RATIOS OF SCHOOL SOCIAL WORKERS TO PUPILS ARE MAINTAINED:

(A) FOR THE 2000-2001 SCHOOL YEAR, AT LEAST 1 SCHOOL SOCIAL WORKER FOR EVERY 650 PUPILS.

(B) FOR THE 2001-2002 SCHOOL YEAR, AT LEAST 1 SCHOOL SOCIAL WORKER FOR EVERY 550 PUPILS.

(D) FOR THE 2003-2004 SCHOOL YEAR, AT LEAST 1 SCHOOL SOCIAL WORKER FOR EVERY 350 PUPILS.

(E) FOR THE 2004-2005 SCHOOL YEAR, AND SUBSEQUENT SCHOOL YEARS, AT LEAST 1 SCHOOL SOCIAL WORKER FOR EVERY 300 PUPILS.".

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

Rep. Schauer demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 514 Yeas--49

Baird Dennis LaForge Schauer

Basham Frank Lemmons Schermesser

Bogardus Garza Lockwood Scott

Bovin Gieleghem Martinez Shackleton

Brater Hale Minore Sheltrown

Brewer Hanley Neumann Spade

Brown, B. Hansen O'Neil Stallworth

Callahan Hardman Pestka Switalski

Cherry Jacobs Price Tesanovich

Clark, I. Jamnick Quarles Thomas

Clarke, H. Kelly Rison Wojno

Daniels Kilpatrick Rivet Woodward

DeHart

Nays--55

Allen Garcia Koetje Richner

Birkholz Gilbert Kowall Rocca

Bisbee Godchaux Kuipers Sanborn

Bishop Gosselin Kukuk Scranton

Bradstreet Green LaSata Shulman

Brown, C. Hager Law Stamas

Byl Hart Mead Tabor

Cassis Howell Middaugh Toy

Caul Jansen Mortimer Van Woerkom

DeRossett Jelinek Pappageorge Vander Roest

DeVuyst Jellema Patterson Vear

DeWeese Johnson, Rick Pumford Voorhees

Ehardt Johnson, Ruth Raczkowski Woronchak

Faunce Julian Richardville

In The Chair: Patterson

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

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

Rep. Raczkowski 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. 5740, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 1233 (MCL 380.1233), as amended by 1995 PA 289.

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

Roll Call No. 515 Yeas--67

Allen Faunce Kukuk Sanborn

Baird Frank LaSata Schermesser

Birkholz Garcia Law Scranton

Bishop Gilbert Lemmons Shackleton

Bradstreet Gosselin Mead Sheltrown

Brewer Green Middaugh Shulman

Brown, B. Hart Mortimer Stamas

Brown, C. Howell Neumann Switalski

Byl Jansen O'Neil Tabor

Cassis Jelinek Pappageorge Tesanovich

Caul Jellema Patterson Toy

Clarke, H. Johnson, Rick Pestka Van Woerkom

DeHart Johnson, Ruth Raczkowski Vander Roest

Dennis Julian Richardville Vear

DeVuyst Koetje Richner Voorhees

DeWeese Kowall Rivet Woronchak

Ehardt Kuipers Rocca

Nays--37

Basham Garza Jamnick Reeves

Bisbee Gieleghem Kelly Rison

Bogardus Godchaux Kilpatrick Schauer

Bovin Hager LaForge Scott

Brater Hale Lockwood Spade

Callahan Hanley Martinez Stallworth

Cherry Hansen Minore Thomas

Clark, I. Hardman Price Wojno

Daniels Jacobs Pumford Woodward

DeRossett

In The Chair: Patterson

The House agreed to the title of the bill.

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

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

______

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:

I opposed passage of HB 5740; lowering the standards for school counselors. This bill demonstrates the disdain in which we hold children. We maintain high standards for auto mechanics, builders, electricians, barbers, and a myriad of other trades, professions and laborers. For children, however, rather than paying a wage that would attract qualified counselors, the legislature chooses to lower qualifications."

Second Reading of Bills

House Bill No. 5783, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," (MCL 206.1 to 206.532) by adding section 267.

The bill was read a second time.

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

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

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

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

______

The Speaker Pro Tempore assumed the Chair.

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 5783, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," (MCL 206.1 to 206.532) by adding section 267.

The bill was read a third time.

The question being on the passage of the bill,

Rep. Minore moved that the bill be referred to the Committee on Tax Policy.

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

Rep. Minore demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 516 Yeas--46

Baird Dennis LaForge Rivet

Basham Frank Lemmons Schauer

Bogardus Garza Lockwood Schermesser

Bovin Gieleghem Martinez Scott

Brater Hale Minore Sheltrown

Brewer Hanley Neumann Stallworth

Brown, B. Hansen O'Neil Switalski

Callahan Hardman Price Tesanovich

Cherry Jacobs Quarles Thomas

Clark, I. Jamnick Reeves Wojno

Clarke, H. Kelly Rison Woodward

Daniels Kilpatrick

Nays--58

Allen Garcia Kowall Rocca

Birkholz Gilbert Kuipers Sanborn

Bisbee Godchaux Kukuk Scranton

Bishop Gosselin LaSata Shackleton

Bradstreet Green Law Shulman

Brown, C. Hager Mead Spade

Byl Hart Middaugh Stamas

Cassis Howell Mortimer Tabor

Caul Jansen Pappageorge Toy

DeHart Jelinek Patterson Van Woerkom

DeRossett Jellema Pumford Vander Roest

DeVuyst Johnson, Rick Raczkowski Vear

DeWeese Johnson, Ruth Richardville Voorhees

Ehardt Julian Richner Woronchak

Faunce Koetje

In The Chair: Birkholz

The question being on the passage of the bill,

After debate,

Rep. O'Neil demanded the previous question.

The demand was supported.

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

The previous question was ordered.

The question being on the passage of the bill,

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

Roll Call No. 517 Yeas--70

Allen Garcia Kukuk Schauer

Basham Gieleghem LaSata Schermesser

Birkholz Gilbert Law Scranton

Bisbee Gosselin Mead Shackleton

Bishop Green Middaugh Sheltrown

Bovin Hager Mortimer Shulman

Bradstreet Hansen Neumann Spade

Brewer Hart Pappageorge Stamas

Brown, B. Howell Patterson Tabor

Brown, C. Jansen Pestka Toy

Cassis Jelinek Pumford Van Woerkom

Caul Jellema Raczkowski Vander Roest

DeHart Johnson, Rick Richardville Vear

DeRossett Johnson, Ruth Richner Voorhees

DeVuyst Julian Rivet Wojno

Ehardt Koetje Rocca Woodward

Faunce Kowall Sanborn Woronchak

Frank Kuipers

Nays--33

Baird Dennis Kelly Price

Bogardus DeWeese Kilpatrick Quarles

Brater Garza LaForge Reeves

Byl Godchaux Lemmons Rison

Callahan Hale Lockwood Scott

Cherry Hanley Martinez Stallworth

Clark, I. Hardman Minore Switalski

Clarke, H. Jacobs O'Neil Thomas

Daniels

In The Chair: Birkholz

The House agreed to the title of the bill.

Rep. Raczkowski 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. 5784, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," (MCL 206.1 to 206.532) by adding section 268.

The bill was read a second time.

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

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

Rep. Raczkowski 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. 5784, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," (MCL 206.1 to 206.532) by adding section 268.

The bill was read a third time.

The question being on the passage of the bill,

Rep. Minore moved that the bill be referred to the Committee on Tax Policy.

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

Rep. Minore demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 518 Yeas--44

Baird Daniels Kelly Reeves

Basham Dennis Kilpatrick Rivet

Bogardus Frank LaForge Schauer

Bovin Garza Lemmons Schermesser

Brater Gieleghem Lockwood Scott

Brewer Hale Martinez Stallworth

Brown, B. Hanley Minore Switalski

Callahan Hansen O'Neil Tesanovich

Cherry Hardman Pestka Thomas

Clark, I. Jacobs Price Wojno

Clarke, H. Jamnick Quarles Woodward

Nays--62

Allen Gilbert Kukuk Rocca

Birkholz Godchaux LaSata Sanborn

Bisbee Gosselin Law Scranton

Bishop Green Mead Shackleton

Bradstreet Hager Middaugh Sheltrown

Brown, C. Hart Mortimer Shulman

Byl Howell Neumann Spade

Cassis Jansen Pappageorge Stamas

Caul Jelinek Patterson Tabor

DeHart Jellema Perricone Toy

DeRossett Johnson, Rick Pumford Van Woerkom

DeVuyst Johnson, Ruth Raczkowski Vander Roest

DeWeese Julian Richardville Vear

Ehardt Koetje Richner Voorhees

Faunce Kowall Rison Woronchak

Garcia Kuipers

In The Chair: Birkholz

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. 519 Yeas--69

Allen Garcia Kuipers Rocca

Basham Gieleghem Kukuk Sanborn

Birkholz Gilbert LaSata Schauer

Bisbee Gosselin Law Scranton

Bishop Green Mead Shackleton

Bovin Hager Middaugh Sheltrown

Bradstreet Hansen Mortimer Shulman

Brewer Hart Neumann Spade

Brown, B. Howell Pappageorge Stamas

Brown, C. Jansen Patterson Tabor

Cassis Jelinek Perricone Toy

Caul Jellema Pestka Van Woerkom

DeHart Johnson, Rick Pumford Vander Roest

DeRossett Johnson, Ruth Raczkowski Vear

DeVuyst Julian Richardville Voorhees

Ehardt Koetje Richner Wojno

Faunce Kowall Rivet Woronchak

Frank

Nays--36

Baird DeWeese Kilpatrick Reeves

Bogardus Garza LaForge Rison

Brater Godchaux Lemmons Schermesser

Byl Hale Lockwood Scott

Callahan Hanley Martinez Stallworth

Clark, I. Hardman Minore Switalski

Clarke, H. Jacobs O'Neil Tesanovich

Daniels Jamnick Price Thomas

Dennis Kelly Quarles Woodward

In The Chair: Birkholz

The House agreed to the title of the bill.

Rep. Raczkowski 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. 5572, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," (MCL 500.100 to 500.8302) by adding section 3580.

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

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

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

1. Amend page 1, line 5, after "YEAR" by inserting "AND FOR THE IMMEDIATELY PRECEDING YEAR".

2. Amend page 1, line 7, after "OF" by inserting "AND ANY LIMITATION ON ACCREDITATION FOR".

3. Amend page 2, line 13, after "ORGANIZATION" by inserting "AND THE DEPARTMENT OF COMMUNITY HEALTH".

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

Rep. Jacobs moved to amend the bill as follows:

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

"(D) A SUMMARY FOR EACH HEALTH MAINTENANCE ORGANIZATION OF THE REPORT REQUIRED TO BE PROVIDED TO THE COMMISSIONER UNDER SECTION 23 OF THE PATIENT'S RIGHT TO INDEPENDENT REVIEW ACT.".

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

Rep. Caul moved to amend the bill as follows:

1. Amend page 2, following line 7, by inserting:

"(vi) WOMEN'S HEALTH.".

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

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

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

Rep. Raczkowski 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. 5572, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," (MCL 500.100 to 500.8302) by adding section 3580.

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

Roll Call No. 520 Yeas--103

Allen Frank Kuipers Rivet

Baird Garcia Kukuk Rocca

Basham Garza LaForge Sanborn

Birkholz Gieleghem LaSata Schauer

Bisbee Gilbert Law Schermesser

Bishop Godchaux Lemmons Scott

Bogardus Gosselin Lockwood Scranton

Bovin Green Martinez Shackleton

Bradstreet Hager Mead Sheltrown

Brater Hale Middaugh Shulman

Brewer Hanley Minore Spade

Brown, B. Hansen Mortimer Stallworth

Brown, C. Hardman Neumann Stamas

Byl Hart O'Neil Switalski

Callahan Howell Pappageorge Tabor

Cassis Jacobs Patterson Tesanovich

Caul Jamnick Perricone Thomas

Clark, I. Jansen Pestka Toy

Clarke, H. Jelinek Price Van Woerkom

DeHart Jellema Pumford Vander Roest

Dennis Johnson, Rick Quarles Vear

DeRossett Johnson, Ruth Raczkowski Voorhees

DeVuyst Julian Reeves Wojno

DeWeese Kelly Richardville Woodward

Ehardt Koetje Richner Woronchak

Faunce Kowall Rison

Nays--0

In The Chair: Birkholz

The House agreed to the title of the bill.

Rep. Raczkowski 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. 5573, entitled

A bill to amend 1980 PA 350, entitled "The nonprofit health care corporation reform act," by amending section 404 (MCL 550.1404), as amended by 1996 PA 516.

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

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

Rep. Neumann moved to amend the bill as follows:

1. Amend page 5, following line 9, by inserting:

"(8) A HEALTH CARE CORPORATION SHALL NOT FINANCIALLY REWARD OR PENALIZE A HEALTH CARE PROVIDER BASED UPON HIS OR HER ABILITY TO DIRECTLY OR INDIRECTLY REDUCE OR LIMIT HEALTH CARE SERVICES TO MEMBERS.

(9) SUBSECTION (8) DOES NOT PROHIBIT BONUSES OR OTHER ARRANGEMENTS THAT ARE BASED SOLELY ON QUALITY OF CARE OR OTHER NONUTILIZATION OF HEALTH CARE SERVICES FACTORS.".

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

Point of Order

Rep. Raczkowski requested a ruling from the Chair regarding the germaneness of the amendment offered by Rep. Neumann.

The Chair ruled that the amendment is not germane pursuant to House Rule 64. The amendment introduces a new proposition which is not germane to the subject matter of the bill as it was originally introduced and as it is currently before the House.

Rep. Kilpatrick appealed the decision of the Chair.

The question being, "Shall the judgment of the Chair stand as the judgment of the House?"

The judgment of the Chair stood as the judgment of the House, a majority of the members present and voting, voting therefor, by yeas and nays, as follows:

Roll Call No. 521 Yeas--57

Allen Gilbert Kowall Richner

Birkholz Godchaux Kuipers Rocca

Bisbee Gosselin Kukuk Sanborn

Bishop Green LaSata Scranton

Bradstreet Hager Law Shackleton

Brown, C. Hart Mead Shulman

Byl Howell Middaugh Stamas

Cassis Jansen Mortimer Tabor

Caul Jelinek Pappageorge Toy

DeRossett Jellema Patterson Van Woerkom

DeVuyst Johnson, Rick Perricone Vander Roest

DeWeese Johnson, Ruth Pumford Vear

Ehardt Julian Raczkowski Voorhees

Faunce Koetje Richardville Woronchak

Garcia

Nays--49

Baird Dennis LaForge Rivet

Basham Frank Lemmons Schauer

Bogardus Garza Lockwood Schermesser

Bovin Gieleghem Martinez Scott

Brater Hale Minore Sheltrown

Brewer Hanley Neumann Spade

Brown, B. Hansen O'Neil Stallworth

Callahan Hardman Pestka Switalski

Cherry Jacobs Price Tesanovich

Clark, I. Jamnick Quarles Thomas

Clarke, H. Kelly Reeves Wojno

Daniels Kilpatrick Rison Woodward

DeHart

In The Chair: Birkholz

Rep. Woronchak moved to amend the bill as follows:

1. Amend page 2, line 7, after "than" by striking out "45" and inserting "25".

2. Amend page 2, line 11, by striking out "45-CALENDAR-DAY" and inserting "25-CALENDAR-DAY".

3. Amend page 2, line 13, after "procedure" by inserting "AND FOR A PERIOD OF TIME THAT SHALL NOT EXCEED 5 DAYS IF THE HEALTH CARE CORPORATION HAS NOT RECEIVED REQUESTED INFORMATION FROM A HEALTH PROVIDER".

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

Rep. Gieleghem moved to amend the bill as follows:

1. Amend page 2, line 7, after "than" by striking out "25" and inserting "21".

2. Amend page 2, line 11, by striking out "25-CALENDAR-DAY" and inserting "21-CALENDAR-DAY".

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

Rep. Gieleghem demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 522 Yeas--49

Baird Dennis LaForge Rivet

Basham Frank Lemmons Schauer

Bogardus Garza Lockwood Schermesser

Bovin Gieleghem Martinez Scott

Brater Hager Minore Sheltrown

Brewer Hale Neumann Spade

Brown, B. Hanley O'Neil Stallworth

Callahan Hardman Pestka Switalski

Cherry Jacobs Price Tesanovich

Clark, I. Jamnick Quarles Thomas

Clarke, H. Kelly Reeves Wojno

Daniels Kilpatrick Rison Woodward

DeHart

Nays--57

Allen Gilbert Kowall Richner

Birkholz Godchaux Kuipers Rocca

Bisbee Gosselin Kukuk Sanborn

Bishop Green LaSata Scranton

Bradstreet Hansen Law Shackleton

Brown, C. Hart Mead Shulman

Byl Howell Middaugh Stamas

Cassis Jansen Mortimer Tabor

Caul Jelinek Pappageorge Toy

DeRossett Jellema Patterson Van Woerkom

DeVuyst Johnson, Rick Perricone Vander Roest

DeWeese Johnson, Ruth Pumford Vear

Ehardt Julian Raczkowski Voorhees

Faunce Koetje Richardville Woronchak

Garcia

In The Chair: Birkholz

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

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

Rep. Raczkowski 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. 5573, entitled

A bill to amend 1980 PA 350, entitled "The nonprofit health care corporation reform act," by amending section 404 (MCL 550.1404), as amended by 1996 PA 516.

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

Roll Call No. 523 Yeas--106

Allen Faunce Kowall Rison

Baird Frank Kuipers Rivet

Basham Garcia Kukuk Rocca

Birkholz Garza LaForge Sanborn

Bisbee Gieleghem LaSata Schauer

Bishop Gilbert Law Schermesser

Bogardus Godchaux Lemmons Scott

Bovin Gosselin Lockwood Scranton

Bradstreet Green Martinez Shackleton

Brater Hager Mead Sheltrown

Brewer Hale Middaugh Shulman

Brown, B. Hanley Minore Spade

Brown, C. Hansen Mortimer Stallworth

Byl Hardman Neumann Stamas

Callahan Hart O'Neil Switalski

Cassis Howell Pappageorge Tabor

Caul Jacobs Patterson Tesanovich

Cherry Jamnick Perricone Thomas

Clark, I. Jansen Pestka Toy

Clarke, H. Jelinek Price Van Woerkom

Daniels Jellema Pumford Vander Roest

DeHart Johnson, Rick Quarles Vear

Dennis Johnson, Ruth Raczkowski Voorhees

DeRossett Julian Reeves Wojno

DeVuyst Kelly Richardville Woodward

DeWeese Kilpatrick Richner Woronchak

Ehardt Koetje

Nays--0

In The Chair: Birkholz

The House agreed to the title of the bill.

Rep. Raczkowski 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. 5575, entitled

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. Baird moved to amend the bill as follows:

1. Amend page 27, line 14, after "SERVICES" by inserting "AS THOSE SERVICES ARE CONSIDERED MEDICALLY NECESSARY BY THE TREATING PHYSICIAN".

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

Rep. Baird demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 524 Yeas--49

Baird Dennis Lemmons Schermesser

Basham Frank Lockwood Scott

Bogardus Garza Martinez Shackleton

Bovin Gieleghem Minore Sheltrown

Brater Hale Neumann Spade

Brewer Hanley O'Neil Stallworth

Brown, B. Hansen Pestka Switalski

Callahan Hardman Quarles Tesanovich

Cherry Jacobs Reeves Thomas

Clark, I. Jamnick Rison Vander Roest

Clarke, H. Kilpatrick Rivet Wojno

Daniels LaForge Schauer Woodward

DeHart

Nays--54

Allen Gilbert Kowall Richardville

Birkholz Godchaux Kuipers Richner

Bisbee Gosselin Kukuk Rocca

Bishop Green LaSata Sanborn

Bradstreet Hager Law Scranton

Brown, C. Hart Mead Shulman

Byl Howell Middaugh Stamas

Cassis Jansen Mortimer Tabor

Caul Jelinek Pappageorge Toy

DeRossett Jellema Patterson Van Woerkom

DeVuyst Johnson, Rick Perricone Vear

Ehardt Johnson, Ruth Pumford Voorhees

Faunce Julian Raczkowski Woronchak

Garcia Koetje

In The Chair: Birkholz

Rep. Caul moved to amend the bill as follows:

1. Amend page 13, line 13, by striking out "45" and inserting "25".

2. Amend page 13, line 15, by striking out "45-CALENDAR-DAY" and inserting "25-CALENDAR-DAY".

3. Amend page 13, line 17, after "procedure" by inserting "AND FOR A PERIOD OF TIME THAT SHALL NOT EXCEED 5 DAYS IF THE INSURER OR HEALTH MAINTENANCE ORGANIZATION HAS NOT RECEIVED REQUESTED INFORMATION FROM A HEALTH CARE FACILITY OR HEALTH PROFESSIONAL".

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

Rep. LaSata moved to amend the bill as follows:

1. Amend page 46, following line 12, by inserting:

"SEC. 3542. (1) A HEALTH MAINTENANCE ORGANIZATION SHALL NOT USE ANY FINANCIAL INCENTIVE OR MAKE ANY PAYMENT TO A HEALTH PROFESSIONAL THAT ACTS DIRECTLY OR INDIRECTLY AS AN INDUCEMENT TO DENY, REDUCE, LIMIT, OR DELAY SPECIFIC MEDICALLY NECESSARY AND APPROPRIATE SERVICES.

(2) SUBSECTION (1) DOES NOT PROHIBIT PAYMENT ARRANGEMENTS THAT ARE NOT TIED TO SPECIFIC MEDICAL DECISIONS OR PROHIBIT THE USE OF RISK SHARING AS OTHERWISE AUTHORIZED IN THIS CHAPTER.".

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

Rep. DeWeese moved to amend the bill as follows:

1. Amend page 55, line 4, after "INSOLVENCY." by inserting "A CONTRACT UNDER THIS SUBDIVISION SHALL PROVIDE A MECHANISM FOR APPROPRIATE SHARING BY THE HEALTH MAINTENANCE ORGANIZATION OF THE CONTINUATION OF PROVIDER SERVICES AS APPROVED BY THE COMMISSIONER AND SHALL NOT PROVIDE THAT CONTINUATION OF PROVIDER SERVICES IS SOLELY THE RESPONSIBILITY OF THE AFFILIATED PROVIDERS.".

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

Rep. Lockwood moved to amend the bill as follows:

1. Amend page 46, following line 12, following section 3542, by inserting:

"SEC. 3542A. (1) A HEALTH MAINTENANCE ORGANIZATION SHALL NOT FINANCIALLY REWARD OR PENALIZE A HEALTH PROFESSIONAL BASED UPON HIS OR HER ABILITY TO DIRECTLY OR INDIRECTLY REDUCE OR LIMIT HEALTH CARE SERVICES TO ENROLLEES.

(2) SUBSECTION (1) DOES NOT PROHIBIT BONUSES OR OTHER ARRANGEMENTS THAT ARE BASED SOLELY ON QUALITY OF CARE OR OTHER NONUTILIZATION OF HEALTH CARE SERVICES FACTORS.".

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

Rep. Lockwood demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 525 Yeas--47

Baird Dennis Lemmons Schauer

Basham Garza Lockwood Schermesser

Bogardus Gieleghem Martinez Scott

Bovin Hale Minore Shackleton

Brater Hanley Neumann Sheltrown

Brewer Hansen O'Neil Spade

Brown, B. Hardman Pestka Switalski

Callahan Jacobs Price Tesanovich

Cherry Jamnick Quarles Thomas

Clark, I. Kelly Reeves Wojno

Daniels Kilpatrick Rison Woodward

DeHart LaForge Rivet

Nays--56

Allen Garcia Koetje Richardville

Birkholz Gilbert Kowall Richner

Bisbee Godchaux Kuipers Rocca

Bishop Gosselin Kukuk Sanborn

Bradstreet Green LaSata Scranton

Brown, C. Hager Law Shulman

Byl Hart Mead Stamas

Cassis Howell Middaugh Tabor

Caul Jansen Mortimer Toy

DeRossett Jelinek Pappageorge Van Woerkom

DeVuyst Jellema Patterson Vander Roest

DeWeese Johnson, Rick Perricone Vear

Ehardt Johnson, Ruth Pumford Voorhees

Faunce Julian Raczkowski Woronchak

In The Chair: Birkholz

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

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

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

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

______

Rep. Vander Roest moved that Rep. Mortimer 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. 5575, 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. 526 Yeas--57

Allen Geiger Koetje Richner

Birkholz Gilbert Kowall Rocca

Bisbee Godchaux Kuipers Sanborn

Bishop Gosselin Kukuk Scranton

Bradstreet Green LaSata Shackleton

Brown, C. Hager Law Shulman

Byl Hart Mead Stamas

Cassis Howell Middaugh Tabor

Caul Jansen Pappageorge Toy

DeRossett Jelinek Patterson Van Woerkom

DeVuyst Jellema Perricone Vander Roest

DeWeese Johnson, Rick Pumford Vear

Ehardt Johnson, Ruth Raczkowski Voorhees

Faunce Julian Richardville Woronchak

Garcia

Nays--49

Baird Dennis LaForge Rivet

Basham Frank Lemmons Schauer

Bogardus Garza Lockwood Schermesser

Bovin Gieleghem Martinez Scott

Brater Hale Minore Sheltrown

Brewer Hanley Neumann Spade

Brown, B. Hansen O'Neil Stallworth

Callahan Hardman Pestka Switalski

Cherry Jacobs Price Tesanovich

Clark, I. Jamnick Quarles Thomas

Clarke, H. Kelly Reeves Wojno

Daniels Kilpatrick Rison Woodward

DeHart

In The Chair: Birkholz

The House agreed to the title of the bill.

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

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

______

Reps. Bob Brown, Lemmons, Scott, Reeves, Hale, O'Neil, Woodward, Wojno, Pestka, Clark, Sheltrown, Hardman, Garza, Jamnick, Minore, Hanley, Jacobs, Callahan, Gieleghem, Clarke, Basham, Frank, Bogardus, Spade, Lockwood and Rivet, having reserved the right to explain their protest against the passage of the bill, made the following statement:

"Mr. Speaker and members of the House:

I voted no on House Bill 5575 because this bill is part of a package that is not true HMO reform. It institutes too much bureaucracy. It shuts doctors out of decision making. It fails to give patients any recourse through the courts if they are harmed because their HMO denied them necessary medical treatment. The package reinforces a system where bureaucrats have more power over health decisions than doctors, where seriously ill patients and their families are forced to deal with a cumbersome bureaucracy and where people who are injured are denied their day in court. This is not the HMO reform the people of Michigan expect and deserve from their state legislature."

Rep. Schermesser, 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 HB 5575 due to my belief that this is not the HMO reform. HMO reform was supposed to ensure the patients right to determine their course of health care with their doctor. This legislation strengthens the insurance companies and disregards the consumer."

Rep. DeHart, 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 was compelled to vote no on this legislation which was purported to be part of the HMO reform package for one main reason. Rep. Baird's amendment #6--record role call 524--was defeated on strictly partisan lines. With the defeat of this amendment, the insurance industry and Lansing bureaucrats will determine health care procedures and their necessity. I firmly believe this decision should be made between the attending physician and the patient. When insurance companies can base the care of their customers on profit margins and bonuses, the losers will be the citizens of Michigan. True reform puts consumers first. This bill does not."

Second Reading of Bills

House Bill No. 5574, entitled

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. Mortimer moved that Rep. Ehardt be excused temporarily from today's session.

The motion prevailed.

Rep. Schauer moved to amend the bill as follows:

1. Amend page 9, following line 6, by inserting:

"Enacting section 1. This amendatory act does not take effect unless House Bill No. 4127 of the 90th Legislature is enacted into law.".

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

Rep. Kilpatrick 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. 527 Yeas--47

Baird DeHart LaForge Rivet

Basham Dennis Lemmons Schauer

Bogardus Frank Lockwood Schermesser

Bovin Garza Martinez Scott

Brater Gieleghem Minore Sheltrown

Brewer Hale Neumann Spade

Brown, B. Hanley O'Neil Stallworth

Callahan Hansen Pestka Switalski

Cherry Hardman Price Tesanovich

Clark, I. Jacobs Quarles Wojno

Clarke, H. Jamnick Reeves Woodward

Daniels Kelly Rison

Nays--56

Allen Gilbert Kowall Richner

Birkholz Godchaux Kuipers Rocca

Bisbee Gosselin Kukuk Sanborn

Bishop Green LaSata Scranton

Bradstreet Hager Law Shackleton

Brown, C. Hart Mead Shulman

Byl Howell Middaugh Stamas

Cassis Jansen Mortimer Tabor

Caul Jelinek Pappageorge Toy

DeRossett Jellema Patterson Van Woerkom

DeVuyst Johnson, Rick Perricone Vander Roest

DeWeese Johnson, Ruth Pumford Vear

Faunce Julian Raczkowski Voorhees

Garcia Koetje Richardville Woronchak

In The Chair: Birkholz

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

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

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

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

Rep. Ehardt moved that Rep. Geiger 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. 5574, 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. 528 Yeas--57

Allen Gilbert Kowall Richner

Birkholz Godchaux Kuipers Rocca

Bisbee Gosselin Kukuk Sanborn

Bishop Green LaSata Scranton

Bradstreet Hager Law Shackleton

Brown, C. Hart Mead Shulman

Byl Howell Middaugh Stamas

Cassis Jansen Mortimer Tabor

Caul Jelinek Pappageorge Toy

DeRossett Jellema Patterson Van Woerkom

DeVuyst Johnson, Rick Perricone Vander Roest

DeWeese Johnson, Ruth Pumford Vear

Ehardt Julian Raczkowski Voorhees

Faunce Koetje Richardville Woronchak

Garcia

Nays--49

Baird Dennis LaForge Rivet

Basham Frank Lemmons Schauer

Bogardus Garza Lockwood Schermesser

Bovin Gieleghem Martinez Scott

Brater Hale Minore Sheltrown

Brewer Hanley Neumann Spade

Brown, B. Hansen O'Neil Stallworth

Callahan Hardman Pestka Switalski

Cherry Jacobs Price Tesanovich

Clark, I. Jamnick Quarles Thomas

Clarke, H. Kelly Reeves Wojno

Daniels Kilpatrick Rison Woodward

DeHart

In The Chair: Birkholz

The House agreed to the title of the bill.

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

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

Reps. Bob Brown, Callahan, Woodward, Jamnick, Bogardus, Clark, Garza, Reeves, Hardman, Basham, Pestka, Minore, Lockwood, Wojno, Clarke, O'Neil, Frank, Spade and Jacobs, having reserved the right to explain their protest against the passage of the bill, made the following statement:

"Mr. Speaker and members of the House:

I voted no on House Bill 5574 because this bill is part of a package that is not true HMO reform. It institutes too much bureaucracy. It shuts doctors out of decision making. It fails to give patients any recourse through the courts if they are harmed because their HMO denied them necessary medical treatment. The package reinforces a system where bureaucrats have more power over health decisions than doctors, where seriously ill patients and their families are forced to deal with a cumbersome bureaucracy and where people who are injured are denied their day in court. This is not the HMO reform the people of Michigan expect and deserve from their state legislature."

Rep. Schermesser, 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 HB 5574 because again as stated in my no vote on 5575, by passing this bill we are ignoring the rights of consumers and strengthen the insurance commissioner and the insurance bureaucrats. This is pure political campaigning at the expense of the citizens of this state."

Rep. DeHart, 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:

Please consider this my no vote on the above referenced bill. For the same reasons as my no vote for HB 5575 I voted no on HB 5574. When 'HMO reform' does not put the best interests of the consumers, the citizens of Michigan and my constituents first I must vote no. I was elected to represent the citizens of the 18th District--Westland and Canton--not the insurance industry. I can not be bought by the insurance companies--I am not for sale. When a consumer's medical cares are not met because the HMO believes it is too costly, something is drastically wrong. I was elected to be a public servant for the people not a mouth piece for the insurance industry."

Second Reading of Bills

House Bill No. 5576, entitled

A bill to provide review of certain health care treatment adverse determinations; to provide for the review of review of health care coverage treatment adverse determinations by independent review organizations; to prescribe eligibility, powers, and duties of certain independent review organizations; to prescribe the powers and duties of certain health carriers; to prescribe the powers and duties of certain persons; to prescribe the powers and duties of certain state officials; to provide for the reporting of certain information; to provide fees; and to provide penalties for violations of this act.

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

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

Rep. Callahan moved to amend the bill as follows:

1. Amend page 15, line 19, after "carrier." by inserting "The independent review organization's medical determinations are not reviewable by the commissioner and shall be adopted by the commissioner in making his or her determinations of the covered person's health benefit plan's terms of coverage.".

2. Amend page 19, line 16, after "carrier." by inserting "The independent review organization's medical determinations are not reviewable by the commissioner and shall be adopted by the commissioner in making his or her determinations of the covered person's health benefit plan's terms of coverage.".

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

Rep. Callahan demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 529 Yeas--47

Baird Dennis LaForge Rivet

Basham Frank Lemmons Schauer

Bogardus Garza Lockwood Schermesser

Bovin Gieleghem Martinez Sheltrown

Brater Hale Minore Spade

Brewer Hanley Neumann Stallworth

Brown, B. Hansen O'Neil Switalski

Callahan Hardman Pestka Tesanovich

Clark, I. Jacobs Price Thomas

Clarke, H. Jamnick Quarles Wojno

Daniels Kelly Reeves Woodward

DeHart Kilpatrick Rison

Nays--57

Allen Geiger Koetje Richardville

Birkholz Gilbert Kowall Richner

Bisbee Godchaux Kuipers Rocca

Bishop Gosselin Kukuk Sanborn

Bradstreet Green LaSata Scranton

Brown, C. Hager Law Shackleton

Byl Hart Mead Shulman

Cassis Howell Middaugh Stamas

Caul Jansen Mortimer Tabor

Cherry Jelinek Pappageorge Van Woerkom

DeRossett Jellema Patterson Vander Roest

DeVuyst Johnson, Rick Perricone Vear

Ehardt Johnson, Ruth Pumford Voorhees

Faunce Julian Raczkowski Woronchak

Garcia

In The Chair: Birkholz

Rep. Woodward moved to amend the bill as follows:

1. Amend page 15, line 26, after "recommendation." by inserting "In reaching his or her decision, the commissioner shall not consider the cost of the health care service that is the subject of the adverse determination or final adverse determination except if that cost causes the covered person to exceed his or her maximum coverage amount under the health benefit plan.".

2. Amend page 20, line 3, after "section 11(15)." by inserting "In reaching his or her decision, the commissioner shall not consider the cost of the health care service that is the subject of the adverse decision or final adverse decision except if that cost causes the covered person to exceed his or her maximum coverage amount under the health benefit plan.".

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

Rep. Woodward demanded the yeas and nays.

The demand was supported.

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

After debate,

Rep. Kuipers demanded the previous question.

The demand was supported.

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

The previous question was ordered.

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

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

Roll Call No. 530 Yeas--46

Baird Frank Lockwood Schauer

Basham Garza Martinez Schermesser

Bogardus Gieleghem Minore Scott

Bovin Hale Neumann Sheltrown

Brewer Hanley O'Neil Spade

Brown, B. Hansen Pestka Stallworth

Callahan Hardman Price Switalski

Cherry Jacobs Quarles Tesanovich

Clark, I. Jamnick Reeves Thomas

Clarke, H. Kelly Rison Wojno

DeHart LaForge Rivet Woodward

Dennis Lemmons

Nays--58

Allen Geiger Kowall Richner

Birkholz Gilbert Kuipers Rocca

Bisbee Godchaux Kukuk Sanborn

Bishop Gosselin LaSata Scranton

Bradstreet Green Law Shackleton

Brown, C. Hager Mead Shulman

Byl Hart Middaugh Stamas

Cassis Howell Mortimer Tabor

Caul Jansen Pappageorge Toy

DeRossett Jelinek Patterson Van Woerkom

DeVuyst Jellema Perricone Vander Roest

DeWeese Johnson, Rick Pumford Vear

Ehardt Johnson, Ruth Raczkowski Voorhees

Faunce Julian Richardville Woronchak

Garcia Koetje

In The Chair: Birkholz

Rep. Baird moved to amend the bill as follows:

1. Amend page 7, following line 20, by inserting:

"Sec. 6. (1) A health carrier shall exercise ordinary care when making a health care treatment decision and is liable for damages for harm to a covered person proximately caused by its failure to exercise ordinary care.

(2) A health carrier is liable for damages for harm to a covered person proximately caused by a health care treatment decision made by a health carrier employee, agent, ostensible agent, or representative acting on behalf of the health carrier and over whom the health carrier has the right to exercise influence or control or has exercised influence or control that resulted in the failure to exercise ordinary care. However, a finding that a health care provider is an employee, agent, ostensible agent, or representative of a health carrier shall not be based solely on proof that the individual's name appears in a listing of approved providers made available by the health carrier.

(3) Both of the following are defenses in an action brought pursuant to subsection (1) or (2):

(a) Neither the health carrier nor its employee, agent, ostensible agent, or representative controlled, influenced, or participated in the health care treatment decision.

(b) The health carrier did not deny or delay payment for any treatment prescribed or recommended by a provider to the covered person.

(4) This section does not create an obligation for a health carrier to provide to a covered person treatment that is not covered by the health carrier contract with the covered person.

(5) This section does not create any liability on the part of an employer, employer purchasing group, welfare benefit plan, or other entity that purchases coverage or assumes risk on behalf of its employees or participants.

(6) For purposes of the revised judicature act of 1961, 1961 PA 236, MCL 600.101 to 600.9948, this section does not create a medical malpractice cause of action.

(7) As used in this section:

(a) "Health care treatment decision" means either a determination as to when the health carrier actually provides medical services or a decision that affects the quality of the diagnosis, care, or treatment provided to the covered person.

(b) "Ordinary care" means for a health carrier that degree of care that a health carrier of ordinary prudence would use under the same or similar circumstances. For an employee, agent, ostensible agent, or representative acting on behalf of the health carrier, ordinary care means that degree of care that a person of ordinary prudence in the same profession, specialty, or area of practice as that person would use under the same or similar circumstances.".

2. Amend page 28, line 19, after "(1)" by striking out "If" and inserting "Except as otherwise provided in subsection (5), if".

3. Amend page 30, following line 3, by inserting:

"(5) This section does not apply to a violation of section 6.".

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

After debate,

Rep. Schauer demanded the previous question.

The demand was supported.

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

The previous question was ordered.

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

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

Reps. DeWeese and Howell moved to amend the bill as follows:

1. Amend page 28, line 26, after "than" by striking out "$500.00" and inserting "$1,000.00".

2. Amend page 29, line 3, after "than" by striking out "$2,500.00" and inserting "$5,000.00".

3. Amend page 29, line 3, after "violation." by striking out the balance of the line through "$25,000.00." on line 5.

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

Rep. DeWeese moved to amend the bill as follows:

1. Amend page 23, line 20, after "plan" by striking out the comma and inserting "or".

2. Amend page 23, line 21, after "plans" by striking out the balance of the sentence and inserting a period.

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

Rep. Faunce moved to amend the bill as follows:

1. Amend page 15, line 24, after "than" by striking out "14" and inserting "7".

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

Rep. Baird moved to amend the bill as follows:

1. Amend page 7, following line 20, by inserting:

"Sec. 6. (1) A health carrier shall exercise ordinary care when making a health care treatment decision and is liable for compensatory damages for harm to a covered person proximately caused by its failure to exercise ordinary care.

(3) Both of the following are defenses in an action brought pursuant to subsection (1) or (2):

(a) Neither the health carrier nor its employee, agent, ostensible agent, or representative controlled, influenced, or participated in the health care treatment decision.

(b) The health carrier did not deny or delay payment for any treatment prescribed or recommended by a provider to the covered person.

(4) This section does not create an obligation for a health carrier to provide to a covered person treatment that is not covered by the health carrier contract with the covered person.

(6) For purposes of the revised judicature act of 1961, 1961 PA 236, MCL 600.101 to 600.9948, this section does not create a medical malpractice cause of action.

(7) As used in this section:

2. Amend page 28, line 19, after "(1)" by striking out "If" and inserting "Except as otherwise provided in subsection (5), if".

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

Rep. Baird demanded the yeas and nays.

The demand was supported.

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

After debate,

Rep. Jelinek demanded the previous question.

The demand was supported.

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

The previous question was ordered.

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

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

Roll Call No. 531 Yeas--48

Baird DeHart Kelly Rison

Basham Dennis Kilpatrick Rivet

Bogardus Frank LaForge Schauer

Bovin Garza Lemmons Schermesser

Brater Gieleghem Lockwood Scott

Brewer Godchaux Martinez Scranton

Brown, B. Hale Neumann Shackleton

Callahan Hanley O'Neil Sheltrown

Cherry Hansen Pestka Spade

Clark, I. Hardman Price Tesanovich

Clarke, H. Jacobs Quarles Wojno

Daniels Jamnick Reeves Woodward

Nays--54

Allen Garcia Kowall Richardville

Birkholz Gilbert Kuipers Richner

Bisbee Gosselin Kukuk Rocca

Bishop Green LaSata Sanborn

Bradstreet Hager Law Shulman

Brown, C. Hart Mead Stamas

Byl Howell Middaugh Tabor

Cassis Jansen Mortimer Toy

Caul Jelinek Pappageorge Van Woerkom

DeRossett Jellema Patterson Vander Roest

DeVuyst Johnson, Rick Perricone Vear

DeWeese Johnson, Ruth Pumford Voorhees

Ehardt Julian Raczkowski Woronchak

Faunce Koetje

In The Chair: Birkholz

Rep. Spade moved to amend the bill as follows:

1. Amend page 15, line 24, after "than" by striking out "7" and inserting "5".

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

Rep. Spade demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 532 Yeas--50

Baird Dennis Lemmons Schauer

Basham Frank Lockwood Schermesser

Bogardus Garza Martinez Scott

Bovin Gieleghem Minore Shackleton

Brater Hale Neumann Sheltrown

Brewer Hanley O'Neil Spade

Brown, B. Hansen Pestka Stallworth

Callahan Hardman Price Switalski

Cherry Jacobs Quarles Tesanovich

Clark, I. Jamnick Reeves Thomas

Clarke, H. Kelly Rison Wojno

Daniels Kilpatrick Rivet Woodward

DeHart LaForge

Nays--56

Allen Garcia Koetje Richardville

Birkholz Gilbert Kowall Richner

Bisbee Godchaux Kuipers Rocca

Bishop Gosselin Kukuk Sanborn

Bradstreet Green LaSata Scranton

Brown, C. Hager Law Shulman

Byl Hart Mead Stamas

Cassis Howell Middaugh Tabor

Caul Jansen Mortimer Toy

DeRossett Jelinek Pappageorge Van Woerkom

DeVuyst Jellema Patterson Vander Roest

DeWeese Johnson, Rick Perricone Vear

Ehardt Johnson, Ruth Pumford Voorhees

Faunce Julian Raczkowski Woronchak

In The Chair: Birkholz

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

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

Rep. Raczkowski 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. 5576, entitled

The bill was read a third time.

The question being on the passage of the bill,

After debate,

Rep. Vear demanded the previous question.

The demand was supported.

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

The previous question was ordered.

The question being on the passage of the bill,

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

Roll Call No. 533 Yeas--58

Allen Geiger Kowall Richner

Birkholz Gilbert Kuipers Rocca

Bisbee Godchaux Kukuk Sanborn

Bishop Gosselin LaSata Scranton

Bradstreet Green Law Shackleton

Brown, C. Hager Mead Shulman

Byl Hart Middaugh Stamas

Cassis Howell Mortimer Tabor

Caul Jansen Pappageorge Toy

DeRossett Jelinek Patterson Van Woerkom

DeVuyst Jellema Perricone Vander Roest

DeWeese Johnson, Rick Pumford Vear

Ehardt Johnson, Ruth Raczkowski Voorhees

Faunce Julian Richardville Woronchak

Garcia Koetje

Nays--49

Baird Dennis LaForge Rivet

Basham Frank Lemmons Schauer

Bogardus Garza Lockwood Schermesser

Bovin Gieleghem Martinez Scott

Brater Hale Minore Sheltrown

Brewer Hanley Neumann Spade

Brown, B. Hansen O'Neil Stallworth

Callahan Hardman Pestka Switalski

Cherry Jacobs Price Tesanovich

Clark, I. Jamnick Quarles Thomas

Clarke, H. Kelly Reeves Wojno

Daniels Kilpatrick Rison Woodward

DeHart

In The Chair: Birkholz

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

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

A bill to provide review of certain health care coverage adverse determinations made by health carriers; to prescribe eligibility, powers, and duties of certain independent review organizations; to prescribe the powers and duties of certain health carriers; to prescribe the powers and duties of certain persons; to prescribe the powers and duties of certain state officials; to provide for the reporting of certain information; to provide fees; and to provide penalties for violations of this act.

The motion prevailed.

The House agreed to the title as amended.

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

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

______

Rep. DeHart, 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:

This is my no vote explanation for record roll call #533. I based this vote because the bill removes the provision to allow citizens of this state the right to sue an HMO for wrongdoing when the Baird amendment was not adopted. We are denying citizens their civil rights when we allow them no legal recourse."

Reps. Jacobs, Hardman, Reeves, Garza, Clark, Clarke, Jamnick, Spade, Scott, Callahan, Woodward, Lemmons, Pestka, Wojno, Minore, Basham, O'Neil, Bogardus, Frank and Lockwood, having reserved the right to explain their protest against the passage of the bill, made the following statement:

"Mr. Speaker and members of the House:

I voted no on House Bill 5576 because this bill is part of a package that is not true HMO reform. It institutes too much bureaucracy. It shuts doctors out of decision making. It fails to give patients any recourse through the courts if they are harmed because their HMO denied them necessary medical treatment. The package reinforces a system where bureaucrats have more power over health decisions than doctors, where seriously ill patients and their families are forced to deal with a cumbersome bureaucracy and where people who are injured are denied their day in court. This is not the HMO reform the people of Michigan expect and deserve from their state legislature."

Rep. Schermesser, 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:

My no vote on HB 5576 is due partly to the Republican party no vote on the Baird amendment that gives the consumer the right to sue. When we propose to have a patient right to independent review act it should open up their right completely to the consumers full right. It again gives the final decision of the review to the commissioner. Furthermore--as precedent has been set--discussion was halted by the majority party on such an important decision."

By unanimous consent the House returned to the order of

Motions and Resolutions

Rep. Minore moved that the Committee on Tax Policy be discharged from further consideration of House Bill No. 5080.

(For first notice see House Journal No. 47, p. 1155.)

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

Rep. Minore demanded the yeas and nays.

The demand was supported.

The question being on the motion by Rep. Minore,

After debate,

Rep. Cameron Brown demanded the previous question.

The demand was supported.

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

The previous question was ordered.

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

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

Roll Call No. 534 Yeas--46

Baird Frank Lockwood Schauer

Basham Garza Martinez Schermesser

Bogardus Gieleghem Minore Scott

Bovin Hale Neumann Sheltrown

Brater Hanley O'Neil Spade

Brewer Hansen Pestka Stallworth

Callahan Hardman Price Switalski

Cherry Jacobs Quarles Tesanovich

Clark, I. Jamnick Reeves Thomas

Clarke, H. Kelly Rison Wojno

Daniels Kilpatrick Rivet Woodward

Dennis Lemmons

Nays--58

Allen Geiger Kowall Richner

Birkholz Gilbert Kuipers Rocca

Bisbee Godchaux Kukuk Sanborn

Bishop Gosselin LaSata Scranton

Bradstreet Green Law Shackleton

Brown, C. Hager Mead Shulman

Byl Hart Middaugh Stamas

Cassis Howell Mortimer Tabor

Caul Jansen Pappageorge Toy

DeRossett Jelinek Patterson Van Woerkom

DeVuyst Jellema Perricone Vander Roest

DeWeese Johnson, Rick Pumford Vear

Ehardt Johnson, Ruth Raczkowski Voorhees

Faunce Julian Richardville Woronchak

Garcia Koetje

In The Chair: Birkholz

______

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

The motion prevailed.

Reports of Standing Committees

The Committee on Senior Health, Security and Retirement, by Rep. Vander Roest, Chair, reported

House Bill No. 4362, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending section 21720a (MCL 333.21720a).

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 4362 To Report Out:

Yeas: Reps. Vander Roest, Voorhees, Cassis, Faunce, Rocca, Woronchak, DeHart, Bovin, Hardman, Spade,

Nays: None.

The Committee on Senior Health, Security and Retirement, by Rep. Vander Roest, Chair, reported

House Bill No. 5770, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending section 21799a (MCL 333.21799a).

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 5770 To Report Out:

Yeas: Reps. Vander Roest, Voorhees, Cassis, Faunce, Rocca, Woronchak, DeHart, Bovin, Hardman, Spade,

Nays: None.

The Committee on Senior Health, Security and Retirement, by Rep. Vander Roest, Chair, reported

House Bill No. 5805, entitled

A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding section 21769.

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 5805 To Report Out:

Yeas: Reps. Vander Roest, Voorhees, Cassis, Faunce, Rocca, Woronchak, DeHart, Bovin, Hardman, Spade,

Nays: None.

The Committee on Senior Health, Security and Retirement, by Rep. Vander Roest, Chair, reported

House Bill No. 5825, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending section 21773 (MCL 333.21773).

With the recommendation that the bill pass.

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

Favorable Roll Call

HB 5825 To Report Out:

Yeas: Reps. Vander Roest, Voorhees, Cassis, Faunce, Rocca, Woronchak, DeHart, Bovin, Hardman,

Nays: None.

The Committee on Senior Health, Security and Retirement, by Rep. Vander Roest, Chair, reported

House Bill No. 5826, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," (MCL 750.1 to 750.568) by adding section 506d.

With the recommendation that the bill pass.

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

Favorable Roll Call

HB 5826 To Report Out:

Yeas: Reps. Vander Roest, Voorhees, Cassis, Faunce, Rocca, Woronchak, DeHart, Bovin, Hardman, Spade,

Nays: None.

The Committee on Senior Health, Security and Retirement, by Rep. Vander Roest, Chair, reported

House Bill No. 5827, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending section 21720a (MCL 333.21720a).

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 5827 To Report Out:

Yeas: Reps. Vander Roest, Voorhees, Cassis, Faunce, Rocca, Woronchak, DeHart, Bovin, Hardman, Spade,

Nays: None.

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Vander Roest, Chair of the Committee on Senior Health, Security and Retirement, was received and read:

Meeting held on: Wednesday, May 24, 2000, at 8:30 a.m.,

Present: Reps. Vander Roest, Voorhees, Cassis, Faunce, Rocca, Woronchak, DeHart, Bovin, Hardman, Spade,

Absent: Rep. Tabor,

Excused: Rep. Tabor.

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, May 23, 2000, at 10:00 a.m.,

Present: Reps. Allen, Ruth Johnson, Bradstreet, DeWeese, Hager, Hart, Rick Johnson, Kuipers, Van Woerkom, Voorhees, Bogardus, Clark, Gieleghem, Hansen, Scott, Spade,

Absent: Rep. Daniels.

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

House Bill No. 5802, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending sections 5, 1229, 1277, and 1473 (MCL 380.5, 380.1229, 380.1277, and 380.1473), section 5 as amended by 1999 PA 23, section 1229 as added by 1995 PA 289, section 1277 as amended by 1997 PA 179, and section 1473 as added by 1996 PA 159, and by adding sections 1238, 1280b, and 1282a and part 20B.

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

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

Favorable Roll Call

HB 5802 To Report Out:

Yeas: Reps. Allen, Ruth Johnson, Bradstreet, DeWeese, Hart, Rick Johnson, Kuipers, Van Woerkom, Voorhees, Gieleghem, Hansen,

Nays: Reps. Hager, Bogardus, Spade.

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, May 24, 2000, at 9:30 a.m.,

Present: Reps. Allen, Ruth Johnson, Bradstreet, DeWeese, Hager, Hart, Rick Johnson, Kuipers, Van Woerkom, Voorhees, Bogardus, Clark, Daniels, Gieleghem, Hansen, Scott, Spade.

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, May 24, 2000, at 9:30 a.m.,

Present: Reps. Middaugh, Bradstreet, Birkholz, Bisbee, Cassis, Garcia, Gosselin, Howell, Kowall, Kuipers, Richardville, Shulman, Thomas, Bob Brown, Hansen, Lemmons, Neumann, Quarles, Schauer, Woodward,

Absent: Rep. Daniels,

Excused: Rep. Daniels.

Notices

I hereby give notice that on the next legislative session day I will move to discharge the Committee on Education from further consideration of House Bill No. 5198.

Rep. Jacobs

I hereby give notice that on the next legislative session day I will move to discharge the Committee on Appropriations from further consideration of House Bill No. 4740.

Rep. Jacobs

I hereby give notice that on the next legislative session day I will move to discharge the Committee on Education from further consideration of House Bill No. 4254.

Rep. Thomas

______

Rep. Jelinek moved that the House adjourn.

The motion prevailed, the time being 11:50 p.m.

The Speaker Pro Tempore declared the House adjourned until Thursday, May 25, at 12:00 Noon.

GARY L. RANDALL

Clerk of the House of Representatives.