hj05250t.049

No. 49

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

90th Legislature

REGULAR SESSION OF 2000

House Chamber, Lansing, Thursday, May 25, 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--excused

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--e/d/s

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--excused

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

Rev. Vivian Clarington, Assistant Pastor of Saunders Memorial African Methodist Episcopal Church in Detroit, offered the following invocation:

"O Thou in whose presence my soul takes delight, on Whom in affliction I call my comfort by day, my song in the night, my hope, my salvation, my all and all.

We stand in Thy presence with great reverence and adoration. Let us thank Thee, Lord, for the beauty of the earth and the glory of the day--for all the good things of life, for this nation and this great state of Michigan.

Father, I lift up both the House of Representatives and the Senate, asking that by Your power our legislative body would make laws that are just.

Give them wisdom to make decisions that would strengthen and prosper our nation.

Lord, on behalf of this august body of government leaders, we invoke the Divine Guidance in their deliberations, that they do justly, love mercy, and walk humbly to the end that we the people will have a more perfect and happy existence. This we ask in the name of our Lord and Savior, Amen."

______

Rep. Scott moved that Reps. Mans and Stallworth be excused from today's session.

The motion prevailed.

The Speaker Pro Tempore assumed the Chair.

Second Reading of Bills

House Bill No. 5709, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 61503b and 61503c (MCL 324.61503b and 324.61503c), section 61503b as added by 1999 PA 246 and section 61503c as added by 1999 PA 247.

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

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

Rep. Brater moved to amend the bill as follows:

1. Amend page 1, line 7, after "items" by striking out the balance of the line through line 9 and inserting a colon.

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. 535 Yeas--43

Bogardus Dennis Kilpatrick Schauer

Bovin Frank LaForge Scott

Bradstreet Garza Lockwood Scranton

Brater Gieleghem Martinez Sheltrown

Brewer Hale Mead Spade

Brown, B. Hanley Minore Switalski

Byl Hansen Neumann Tesanovich

Cherry Jacobs Pestka Thomas

Clark, I. Jamnick Price Wojno

Clarke, H. Jellema Reeves Woodward

Daniels Kelly Rison

Nays--58

Allen Gilbert Kukuk Rivet

Basham Godchaux LaSata Rocca

Birkholz Gosselin Law Sanborn

Bisbee Green Lemmons Schermesser

Bishop Hager Middaugh Shackleton

Brown, C. Hart Mortimer Shulman

Callahan Howell O'Neil Stamas

Cassis Jansen Pappageorge Tabor

Caul Jelinek Patterson Toy

DeRossett Johnson, Rick Perricone Van Woerkom

DeVuyst Johnson, Ruth Pumford Vander Roest

DeWeese Julian Raczkowski Vear

Ehardt Koetje Richardville Voorhees

Faunce Kowall Richner Woronchak

Garcia Kuipers

In The Chair: Birkholz

______

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

"Mr. Speaker and members of the House:

I did not vote on Roll Call No. 535 because of a possible conflict of interest."

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

"Mr. Speaker and members of the House:

I did not vote on Roll Call No. 535 because of a possible conflict of interest."

Rep. Brater moved to amend the bill as follows:

1. Amend page 1, line 5, after "costs." by striking out "If" and inserting "SUBJECT TO SUBSECTION (2), IF".

2. Amend page 1, line 7, after "following" by striking out the balance of the line through "other" on line 9.

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

"(2) AN ADDENDUM TO A GAS LEASE MAY PROVIDE FOR THE DEDUCTION OF POSTPRODUCTION COSTS IN ADDITION TO THE ITEMS LISTED IN SUBSECTION (1) IF THE ADDENDUM EXPLICITLY AND SPECIFICALLY PROVIDES FOR THE DEDUCTION OF THOSE ITEMS." and renumbering the remaining subsections.

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

Rep. Brater demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 536 Yeas--42

Bogardus Dennis Kilpatrick Rivet

Bovin Frank LaForge Schauer

Bradstreet Garza Lockwood Scott

Brater Gieleghem Martinez Sheltrown

Brewer Hale Minore Spade

Brown, B. Hanley Neumann Switalski

Byl Hansen Pestka Tesanovich

Cherry Jacobs Price Thomas

Clark, I. Jamnick Reeves Wojno

Clarke, H. Jellema Rison Woodward

Daniels Kelly

Nays--55

Allen Godchaux LaSata Sanborn

Basham Gosselin Law Schermesser

Birkholz Green Mead Scranton

Bisbee Hager Middaugh Shackleton

Bishop Hart Mortimer Shulman

Brown, C. Howell O'Neil Stamas

Callahan Jansen Pappageorge Tabor

Cassis Jelinek Patterson Toy

DeRossett Johnson, Rick Perricone Van Woerkom

DeVuyst Johnson, Ruth Pumford Vander Roest

DeWeese Koetje Raczkowski Vear

Faunce Kowall Richardville Voorhees

Garcia Kuipers Richner Woronchak

Gilbert Kukuk Rocca

In The Chair: Birkholz

______

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

"Mr. Speaker and members of the House:

I did not vote on Roll Call No. 536 because of a possible conflict of interest."

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

"Mr. Speaker and members of the House:

I did not vote on Roll Call No. 536 because of a possible conflict of interest."

Rep. Brater moved to amend the bill as follows:

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

"(6) NOT LESS THAN EVERY 3 YEARS, THE DEPARTMENT OF NATURAL RESOURCES SHALL HOLD PUBLIC HEARINGS IN VARIOUS REGIONS WITHIN THE STATE AND SHALL CONDUCT REVIEWS OF GAS LEASES ENTERED INTO BY LANDOWNERS IN THE STATE. THE DEPARTMENT OF NATURAL RESOURCES SHALL IDENTIFY ANY PROBLEMS ENCOUNTERED BY LANDOWNERS IN LEASING THEIR LAND DUE TO PROVISIONS IN LEASE AGREEMENTS. FOLLOWING THE PUBLIC HEARINGS AND THE REVIEWS, THE DEPARTMENT OF NATURAL RESOURCES SHALL SUBMIT A REPORT TO THE LEGISLATURE DESCRIBING THE TESTIMONY RECEIVED AND THE PROBLEMS THAT WERE DISCOVERED.".

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. 537 Yeas--42

Bogardus Daniels LaForge Schermesser

Bovin Dennis Lockwood Scott

Bradstreet Frank Martinez Sheltrown

Brater Garza Minore Spade

Brewer Gieleghem Neumann Switalski

Brown, B. Hale Pestka Tesanovich

Byl Hanley Price Thomas

Callahan Hansen Rison Van Woerkom

Cherry Jacobs Rivet Wojno

Clark, I. Jamnick Schauer Woodward

Clarke, H. Kilpatrick

Nays--57

Allen Gilbert Koetje Raczkowski

Basham Godchaux Kowall Richardville

Birkholz Gosselin Kuipers Richner

Bisbee Green Kukuk Rocca

Bishop Hager LaSata Sanborn

Brown, C. Hart Law Shackleton

Cassis Howell Mead Shulman

Caul Jansen Middaugh Stamas

DeRossett Jelinek Mortimer Tabor

DeVuyst Jellema O'Neil Toy

DeWeese Johnson, Rick Pappageorge Vander Roest

Ehardt Johnson, Ruth Patterson Vear

Faunce Julian Perricone Voorhees

Garcia Kelly Pumford Woronchak

Geiger

In The Chair: Birkholz

______

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

"Mr. Speaker and members of the House:

I did not vote on Roll Call No. 537 because of a possible conflict of interest."

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

"Mr. Speaker and members of the House:

I did not vote on Roll Call No. 537 because of a possible conflict of interest."

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. 5709, 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. 538 Yeas--100

Allen Frank Koetje Rison

Basham Garcia Kowall Rivet

Birkholz Garza Kuipers Rocca

Bisbee Geiger Kukuk Sanborn

Bishop Gieleghem LaForge Schauer

Bogardus Gilbert LaSata Schermesser

Bovin Godchaux Law Scott

Bradstreet Gosselin Lemmons Scranton

Brater Green Lockwood Shackleton

Brewer Hager Martinez Sheltrown

Brown, B. Hale Mead Shulman

Brown, C. Hanley Middaugh Spade

Byl Hansen Minore Stamas

Callahan Hart Mortimer Switalski

Cassis Howell Neumann Tabor

Caul Jacobs O'Neil Tesanovich

Cherry Jamnick Pappageorge Thomas

Clark, I. Jansen Patterson Toy

Daniels Jelinek Perricone Van Woerkom

Dennis Jellema Pestka Vander Roest

DeRossett Johnson, Rick Price Vear

DeVuyst Johnson, Ruth Pumford Voorhees

DeWeese Julian Raczkowski Wojno

Ehardt Kelly Richardville Woodward

Faunce Kilpatrick Richner Woronchak

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.

______

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

"Mr. Speaker and members of the House:

I did not vote on Roll Call No. 538 because of a possible conflict of interest."

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

"Mr. Speaker and members of the House:

I did not vote on Roll Call No. 538 because of a possible conflict of interest."

Second Reading of Bills

House Bill No. 5710, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 40117 and 40118 (MCL 324.40117 and 324.40118), as added by 1995 PA 57.

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

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

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.

______

Rep. Quarles entered the House Chambers.

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 5710, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 40117 and 40118 (MCL 324.40117 and 324.40118), as added by 1995 PA 57.

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

Roll Call No. 539 Yeas--103

Allen Frank Kowall Rison

Baird Garcia Kuipers Rivet

Basham Garza Kukuk Rocca

Birkholz Gieleghem LaForge Sanborn

Bisbee Gilbert LaSata Schauer

Bishop Godchaux Law Schermesser

Bovin Gosselin Lemmons Scott

Bradstreet Green Lockwood Scranton

Brater Hager Martinez Shackleton

Brewer Hale Mead Sheltrown

Brown, B. Hanley Middaugh Shulman

Brown, C. Hansen Minore Spade

Byl Hardman Mortimer Stamas

Callahan Hart Neumann Switalski

Cassis Howell O'Neil Tabor

Caul Jacobs Pappageorge Tesanovich

Cherry Jamnick Patterson Thomas

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

DeVuyst Julian Raczkowski Wojno

DeWeese Kelly Reeves Woodward

Ehardt Kilpatrick Richardville Woronchak

Faunce Koetje Richner

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.

Reps. Basham, Birkholz, Howell, Jelinek, Kuipers, Kukuk, Lemmons, Minore and Rivet were named co-sponsors of the bill.

Second Reading of Bills

House Bill No. 5689, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 20162 and 21799b (MCL 333.20162 and 333.21799b).

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

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

Rep. Richardville moved to amend the bill as follows:

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

"(7) THE DEPARTMENT SHALL NOT APPOINT A TEMPORARY ADMINISTRATIVE ADVISOR, TEMPORARY CLINICAL ADVISOR, OR TEMPORARY MANAGER AS DESCRIBED IN SUBSECTION (5)(A)(v) OR (vi) UNTIL AFTER THE DEPARTMENT HAS EXPLORED ALL OPTIONS DESCRIBED IN SUBSECTION (5)(A)(i) TO (iv).

(8) THE DEPARTMENT SHALL REPORT ANNUALLY TO THE HOUSE AND SENATE STANDING COMMITTEES ON SENIOR ISSUES ON THE NUMBER OF TIMES THE DEPARTMENT APPOINTED A TEMPORARY ADMINISTRATIVE ADVISOR, TEMPORARY CLINICAL ADVISOR, OR TEMPORARY MANAGER AS DESCRIBED IN SUBSECTION (5)(A)(v) OR (vi). THE REPORT SHALL INCLUDE WHETHER THE HEALTH FACILITY OR AGENCY CLOSED OR REMAINED OPEN. THE DEPARTMENT MAY INCLUDE THIS REPORT WITH OTHER REPORTS MADE TO FULFILL LEGISLATIVE REPORTING REQUIREMENTS.".

2. Amend page 6, line 3, after "SHALL" by striking out the balance of the subsection and inserting "NOT APPOINT A TEMPORARY ADMINISTRATIVE ADVISOR, TEMPORARY CLINICAL ADVISOR, OR TEMPORARY MANAGER AS DESCRIBED IN SUBSECTION (1)(E) OR (F) UNTIL AFTER THE DEPARTMENT HAS EXPLORED ALL OPTIONS DESCRIBED IN SUBSECTION (1)(A) TO (D).".

3. Amend page 6, line 13, after "IN" by striking out the balance of the sentence and inserting "SUBSECTION (1)(E) OR (F).".

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

Rep. DeHart moved to amend the bill as follows:

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

"Sec. 21751. (1) When the department has concluded a proceeding under sections 71 to 106 of the administrative procedures act of 1969, ~~as amended, being sections 24.271 to 24.306 of the Michigan Compiled Laws~~ MCL 24.271 TO 24.306, or ~~when~~ IF the department has suspended or revoked the license of a nursing home, the department, a patient in the ~~facility~~ NURSING HOME, or a patient's representative may file an emergency petition with the circuit court to place the nursing home under the control of a receiver if necessary to protect the health or safety of patients in the nursing home. The court may grant the petition upon a finding that the health or safety of the patients in the nursing home would be seriously threatened if a condition existing at the time the petition was filed is permitted to continue.

(2) ~~The~~ IF A PETITION IS FILED UNDER SUBSECTION (1), THE court shall appoint as receiver the director of the ~~department of social services~~ FAMILY INDEPENDENCE AGENCY, the director of the department of ~~public health~~ CONSUMER AND INDUSTRY SERVICES, or another state agency or person designated by the director of ~~public health~~ THE DEPARTMENT OF CONSUMER AND INDUSTRY SERVICES. The receiver appointed by the court shall use the income and assets of the nursing home AND, EXCEPT AS OTHERWISE PROVIDED BY LAW, THE PERSONAL INCOME AND ASSETS OF EACH OWNER OF THE NURSING HOME to maintain and operate the NURSING home and to attempt to correct the conditions ~~which~~ THAT constitute a threat to the patients IN THE NURSING HOME. A THE RECEIVER SHALL NOT MAKE A major structural alteration ~~shall not be made~~ to the nursing home, unless the alteration is necessary to bring the nursing home into compliance with licensing requirements.

(3) To assist in the implementation of the mandate of the court, the receiver APPOINTED UNDER SUBSECTION (2) may request and receive reasonable consultation from the available personnel of the department.

(4) The COURT SHALL TERMINATE A receivership ~~shall be terminated~~ ORDERED UNDER THIS SECTION when the receiver and the court certify that the conditions ~~which~~ THAT prompted the appointment OF THE RECEIVER have been corrected, when the NURSING HOME'S license is restored, when a new license is issued, or, in the case of a discontinuance of operation OF THE NURSING HOME, when the patients are safely placed in other facilities, whichever occurs first.

(5) Upon the termination of the receivership, the receiver shall render a complete accounting to the court and shall dispose of surplus funds as the court directs.

Sec. 21786. (1) In the case of an emergency closing of a nursing home, or ~~when it is determined by~~ IF the department DETERMINES that a nursing home is suddenly no longer able to provide adequate patient care, the department shall do both of the following:

(a) Assure that the ~~department of social services~~ FAMILY INDEPENDENCE AGENCY has been notified to make arrangements for the orderly and safe discharge and transfer of the NURSING HOME'S patients to another facility.

(b) Place a representative of the department in ~~a facility~~ THE NURSING HOME on a daily basis to do each of the following:

(i) Monitor the discharge AND TRANSFER of patients to other facilities or locations.

(ii) Ensure that the rights of patients are protected.

(iii) Discuss the discharge and relocation with each patient and next of kin or legal guardian, person, or agency responsible for the patient's placement, maintenance, and care in the ~~facility~~ NURSING HOME. The DEPARTMENT REPRESENTATIVE SHALL PRODUCE A WRITTEN SUMMARY OF THE content of ~~the~~ EACH explanation and discussion ~~shall be summarized in writing~~ and shall ~~be made~~ MAKE THE WRITTEN SUMMARY a part of the patient's clinical record.

(2) IF THE DEPARTMENT DETERMINES THAT A NURSING HOME IS NO LONGER ABLE TO PROVIDE ADEQUATE PATIENT CARE AND ORDERS THE NURSING HOME TO DISCONTINUE OPERATION, OR IF THE DEPARTMENT REVOKES A NURSING HOME'S LICENSE AND AS A RESULT THE NURSING HOME DISCONTINUES OPERATION, THE DEPARTMENT SHALL FILE A PETITION WITH THE CIRCUIT COURT UNDER THIS SUBSECTION. THE DEPARTMENT SHALL PETITION THE COURT FOR AN ORDER FREEZING THE ASSETS AND INCOME OF THE NURSING HOME AND THE PERSONAL ASSETS AND INCOME OF EACH OWNER OF THE NURSING HOME. THE DEPARTMENT SHALL FURTHER PETITION THE COURT FOR AN ORDER ALLOWING THE DEPARTMENT TO USE THOSE ASSETS AND INCOME TO PAY THE COST OF DISCHARGING AND TRANSFERRING THE NURSING HOME'S PATIENTS AS DESCRIBED IN THIS SECTION AND OTHER COSTS INCURRED BY THE DEPARTMENT UNDER THIS SECTION.".

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

Rep. DeHart demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 540 Yeas--49

Baird Frank LaForge Rivet

Basham Gieleghem Lemmons Schauer

Bogardus Green Lockwood Schermesser

Bovin Hager Martinez Scott

Brater Hale Minore Sheltrown

Brewer Hanley Neumann Spade

Brown, B. Hansen O'Neil Switalski

Callahan Hardman Pestka Tesanovich

Cherry Jacobs Price Thomas

Clarke, H. Jamnick Quarles Wojno

Daniels Kelly Reeves Woodward

DeHart Kilpatrick Rison Woronchak

Dennis

Nays--54

Allen Garcia Kowall Richner

Birkholz Geiger Kukuk Rocca

Bisbee Gilbert LaSata Sanborn

Bishop Godchaux Law Scranton

Bradstreet Gosselin Mead Shackleton

Brown, C. Hart Middaugh Shulman

Byl Howell Mortimer Stamas

Cassis Jansen Pappageorge Tabor

Caul Jelinek Patterson Toy

DeRossett Jellema Perricone Van Woerkom

DeVuyst Johnson, Rick Pumford Vander Roest

DeWeese Johnson, Ruth Raczkowski Vear

Ehardt Julian Richardville Voorhees

Faunce Koetje

In The Chair: Birkholz

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

The motion prevailed.

House Bill No. 5736, entitled

A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding section 21787.

The bill was read a second time.

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

The motion prevailed.

Rep. Schermesser moved that Rep. Scott 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. 5736, entitled

A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding section 21787.

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

Roll Call No. 541 Yeas--100

Allen Faunce Koetje Richner

Baird Frank Kowall Rison

Basham Garcia Kuipers Rivet

Birkholz Garza Kukuk Rocca

Bisbee Geiger LaForge Sanborn

Bishop Gieleghem LaSata Schauer

Bogardus Gilbert Law Schermesser

Bovin Godchaux Lemmons Scranton

Bradstreet Gosselin Lockwood Shackleton

Brater Green Martinez Sheltrown

Brewer Hager Mead Shulman

Brown, B. Hale Middaugh Spade

Brown, C. Hanley Minore Stamas

Byl Hansen Mortimer Switalski

Callahan Hart Neumann Tabor

Cassis Howell O'Neil Tesanovich

Caul Jacobs Pappageorge Thomas

Cherry Jamnick Patterson Toy

Clarke, H. Jansen Perricone Van Woerkom

DeHart Jelinek Pestka Vander Roest

Dennis Jellema Price Vear

DeRossett Johnson, Rick Pumford Voorhees

DeVuyst Johnson, Ruth Raczkowski Wojno

DeWeese Julian Reeves Woodward

Ehardt Kilpatrick Richardville Woronchak

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

The House returned to the consideration of

House Bill No. 5689, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 20162 and 21799b (MCL 333.20162 and 333.21799b).

(The bill was considered earlier today, see today's journal, p. 1242.)

Rep. Frank moved to amend the bill as follows:

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

"Sec. 21751. (1) ~~When~~ IF the department has concluded a proceeding under sections 71 to 106 of the administrative procedures act of 1969, ~~as amended, being sections 24.271 to 24.306 of the Michigan Compiled Laws~~ MCL 24.271 TO 24.306, or, ~~when~~ SUBJECT TO SECTION 21786(2), IF the department has suspended or revoked the license of a nursing home, the department, a patient in the ~~facility~~ NURSING HOME, or a patient's representative may file an emergency petition with the circuit court to place the nursing home under the control of a receiver if necessary to protect the health or safety of patients in the nursing home. The court may grant the petition upon a finding that the health or safety of the patients in the nursing home would be seriously threatened if a condition existing at the time the petition was filed is permitted to continue.

(2) ~~The~~ IF A PETITION IS FILED UNDER SUBSECTION (1), THE court shall appoint as receiver the director of the ~~department of social services~~ FAMILY INDEPENDENCE AGENCY, the director of the department of ~~public health~~ CONSUMER AND INDUSTRY SERVICES, or another state agency or person designated by the director of ~~public health~~ THE DEPARTMENT OF CONSUMER AND INDUSTRY SERVICES. The receiver appointed by the court shall use the income and assets of the nursing home to maintain and operate the NURSING home and to attempt to correct the conditions ~~which~~ THAT constitute a threat to the patients IN THE NURSING HOME. A THE RECEIVER SHALL NOT MAKE A major structural alteration ~~shall not be made~~ to the nursing home, unless the alteration is necessary to bring the nursing home into compliance with licensing requirements.

(5) Upon the termination of the receivership, the receiver shall render a complete accounting to the court and shall dispose of surplus funds as the court directs.

Sec. 21786. (1) In the case of an emergency closing of a nursing home, or ~~when it is determined by~~ IF the department OF CONSUMER AND INDUSTRY SERVICES DETERMINES that a nursing home is suddenly no longer able to provide adequate patient care, the department shall do both of the following:

(b) Place a representative of the department in ~~a facility~~ THE NURSING HOME on a daily basis to do each of the following:

(i) Monitor the discharge AND TRANSFER of patients to other facilities or locations.

(ii) Ensure that the rights of patients are protected.

(2) IF THE DEPARTMENT SUSPENDS OR REVOKES A NURSING HOME'S LICENSE MORE THAN TWICE DURING A 5-YEAR PERIOD AND AS A RESULT THE NURSING HOME DISCONTINUES OPERATION, THE DEPARTMENT SHALL FILE A PETITION WITH THE CIRCUIT COURT UNDER THIS SUBSECTION. THE DEPARTMENT SHALL PETITION THE COURT FOR AN ORDER FREEZING THE ASSETS AND INCOME OF THE NURSING HOME. THE DEPARTMENT SHALL FURTHER PETITION THE COURT FOR AN ORDER ALLOWING THE DEPARTMENT TO USE THOSE ASSETS AND INCOME TO PAY THE COST OF DISCHARGING AND TRANSFERRING THE NURSING HOME'S PATIENTS AS DESCRIBED IN THIS SECTION AND OTHER COSTS INCURRED BY THE DEPARTMENT UNDER THIS SECTION.".

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

Rep. Frank demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 542 Yeas--53

Baird Faunce Kowall Schauer

Basham Frank LaForge Schermesser

Bogardus Garza Lockwood Scott

Bovin Gieleghem Martinez Shackleton

Brater Hager Minore Sheltrown

Brewer Hale Neumann Spade

Brown, B. Hanley O'Neil Switalski

Callahan Hansen Pestka Tesanovich

Cherry Hardman Price Thomas

Clark, I. Jacobs Reeves Van Woerkom

Clarke, H. Jamnick Rison Wojno

Daniels Kelly Rivet Woodward

DeHart Kilpatrick Rocca Woronchak

Dennis

Nays--51

Allen Garcia Julian Raczkowski

Birkholz Geiger Koetje Richardville

Bisbee Gilbert Kuipers Richner

Bishop Godchaux Kukuk Sanborn

Bradstreet Gosselin LaSata Scranton

Brown, C. Green Law Shulman

Byl Hart Mead Stamas

Cassis Howell Middaugh Tabor

Caul Jansen Mortimer Toy

DeRossett Jelinek Pappageorge Vander Roest

DeVuyst Jellema Patterson Vear

DeWeese Johnson, Rick Perricone Voorhees

Ehardt Johnson, Ruth Pumford

In The Chair: Birkholz

Reps. DeHart and Caul moved to amend the bill as follows:

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

"SEC. 21332. (1) EXCEPT AS OTHERWISE PROVIDED IN SUBSECTION (3), A HOME FOR THE AGED SHALL OFFER THAT EACH OF ITS RESIDENTS BE VACCINATED FOR INFLUENZA ANNUALLY BETWEEN NOVEMBER 15 AND DECEMBER 15. A HOME FOR THE AGED SHALL OFFER THAT A RESIDENT ADMITTED AFTER DECEMBER 15, BUT BEFORE APRIL 1 OF THE FOLLOWING YEAR, BE VACCINATED FOR INFLUENZA AT THE TIME OF ADMISSION TO THE HOME FOR THE AGED.

(2) A HOME FOR THE AGED SHALL ENTER EACH VACCINATION UNDER SUBSECTION (1) AND EACH WAIVER UNDER SUBSECTION (3) IN THE VACCINATED RESIDENT'S PERMANENT RECORD.

(3) A HOME FOR THE AGED SHALL NOT VACCINATE A RESIDENT IF THE RESIDENT OR A MEMBER OF THE RESIDENT'S FAMILY PRESENTS TO THE ADMINISTRATOR OF THE HOME FOR THE AGED A WRITTEN STATEMENT THAT VACCINATION IS CONTRARY TO THE RESIDENT'S RELIGIOUS OR OTHER BELIEFS OR IS MEDICALLY INAPPROPRIATE.

SEC. 21716. (1) EXCEPT AS OTHERWISE PROVIDED IN SUBSECTION (3), A NURSING HOME SHALL OFFER THAT EACH OF ITS RESIDENTS BE ANNUALLY VACCINATED FOR INFLUENZA BETWEEN NOVEMBER 15 AND DECEMBER 15. A NURSING HOME SHALL OFFER THAT A RESIDENT ADMITTED AFTER DECEMBER 15, BUT BEFORE APRIL 1 OF THE FOLLOWING YEAR, BE VACCINATED FOR INFLUENZA AT THE TIME OF ADMISSION.

(2) A NURSING HOME SHALL ENTER EACH VACCINATION UNDER SUBSECTION (1) AND EACH WAIVER UNDER SUBSECTION (3) IN THE VACCINATED RESIDENT'S PERMANENT MEDICAL RECORD.

(3) A NURSING HOME SHALL NOT VACCINATE A RESIDENT UNDER THIS SECTION IF THE RESIDENT OR A MEMBER OF THE RESIDENT'S FAMILY PRESENTS TO THE NURSING HOME ADMINISTRATOR A WRITTEN STATEMENT THAT INFLUENZA VACCINATION IS CONTRARY TO THE RESIDENT'S RELIGIOUS OR OTHER BELIEFS OR IS MEDICALLY INAPPROPRIATE.".

The question being on the adoption of the amendment offered by Reps. DeHart and Caul,

Rep. DeHart demanded the yeas and nays.

The demand was supported.

The question being on the adoption of the amendment offered by Reps. DeHart and Caul,

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

Roll Call No. 543 Yeas--102

Allen Faunce Kowall Rison

Baird Frank Kuipers Rivet

Basham Garcia Kukuk Rocca

Birkholz Geiger 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 Stamas

Byl Hardman Neumann Switalski

Callahan Hart O'Neil Tabor

Cassis Howell Pappageorge Tesanovich

Caul Jacobs Patterson Thomas

Cherry Jamnick Pestka Toy

Clarke, H. Jansen Price Van Woerkom

Daniels Jelinek Pumford Vander Roest

DeHart Jellema Quarles Vear

Dennis Johnson, Rick Raczkowski Voorhees

DeRossett Johnson, Ruth Reeves Wojno

DeVuyst Julian Richardville Woodward

DeWeese Kelly Richner Woronchak

Ehardt Koetje

Nays--0

In The Chair: Birkholz

Rep. Richardville 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. Kelly moved that Rep. LaForge 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.

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 5689, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 20162 and 21799b (MCL 333.20162 and 333.21799b).

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

Roll Call No. 544 Yeas--100

Allen Ehardt Koetje Rison

Baird Faunce Kowall Rivet

Basham Garcia Kuipers Rocca

Birkholz Garza Kukuk Sanborn

Bisbee Geiger LaSata Schauer

Bishop Gieleghem Law Schermesser

Bogardus Gilbert Lemmons Scott

Bovin Godchaux Lockwood Scranton

Bradstreet Gosselin Martinez Shackleton

Brater Green Mead Sheltrown

Brewer Hager Middaugh Shulman

Brown, B. Hale Minore Spade

Brown, C. Hanley Mortimer Stamas

Byl Hansen Neumann Switalski

Callahan Hardman O'Neil Tabor

Cassis Hart Pappageorge Tesanovich

Caul Howell Patterson Thomas

Cherry Jacobs Pestka Toy

Clark, I. Jamnick Price Van Woerkom

Clarke, H. Jansen Pumford Vander Roest

Daniels Jelinek Quarles Vear

DeHart Johnson, Rick Raczkowski Voorhees

DeRossett Johnson, Ruth Reeves Wojno

DeVuyst Julian Richardville Woodward

DeWeese Kelly Richner Woronchak

Nays--0

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 amend 1978 PA 368, entitled "Public health code," by amending sections 20162 and 21799b (MCL 333.20162 and 333.21799b) and by adding sections 21332 and 21716.

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.

Second Reading of Bills

House Bill No. 5760, entitled

A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding section 20178.

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

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

Rep. Spade moved to amend the bill as follows:

1. Amend page 1, line 6, after "PERSONS" by striking out the balance of the line and inserting "WITH".

2. Amend page 1, line 10, after "RESIDENTS" by striking out the balance of the line through "HAVING" on line 1, page 2 and inserting "WITH".

3. Amend page 2, line 5, after "RESIDENTS" by striking out "DIAGNOSED AS HAVING" and inserting "WITH".

4. Amend page 2, line 8, after "RESIDENTS" by striking out the balance of the line through "HAVING" on line 9 and inserting "WITH".

5. Amend page 2, line 14, after "RESIDENTS" by striking out the balance of the line through "HAVING" on line 15 and inserting "WITH".

6. Amend page 2, line 17, after "RESIDENTS" by striking out "DIAGNOSED AS HAVING" and inserting "WITH".

7. Amend page 2, line 20, after "RESIDENTS" by striking out "DIAGNOSED AS HAVING" and inserting "WITH".

The motion prevailed and the amendments were 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. Middaugh 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. 5760, entitled

A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding section 20178.

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

Roll Call No. 545 Yeas--102

Allen Ehardt Kelly Richner

Baird Faunce Koetje Rison

Basham Frank Kowall Rivet

Birkholz Garcia Kuipers Rocca

Bisbee Garza Kukuk Sanborn

Bishop Geiger LaForge Schauer

Bogardus Gieleghem LaSata Schermesser

Bovin Gilbert Law Scott

Bradstreet Godchaux Lemmons Scranton

Brater Gosselin Lockwood Shackleton

Brewer Green Mead Sheltrown

Brown, B. Hager Middaugh Shulman

Brown, C. Hale Minore Spade

Byl Hanley Mortimer Stamas

Callahan Hansen Neumann Switalski

Cassis Hardman O'Neil Tabor

Caul Hart Pappageorge Thomas

Cherry Howell Patterson Toy

Clark, I. Jacobs Perricone Van Woerkom

Clarke, H. Jamnick Pestka Vander Roest

Daniels Jansen Price Vear

DeHart Jelinek Pumford Voorhees

Dennis Jellema Quarles Wojno

DeRossett Johnson, Rick Reeves Woodward

DeVuyst Johnson, Ruth Richardville Woronchak

DeWeese Julian

Nays--0

In The Chair: Birkholz

The House agreed to the title of the bill.

Rep. Middaugh 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. 5761, entitled

A bill to amend 1979 PA 218, entitled "Adult foster care facility licensing act," (MCL 400.701 to 400.737) by adding section 26b.

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

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

Rep. Vander Roest moved to amend the bill as follows:

1. Amend page 1, line 3, after "HOME" by inserting a comma and "AN ADULT FOSTER CARE SMALL GROUP HOME, OR AN ADULT FOSTER CARE CONGREGATE FACILITY".

2. Amend page 1, line 8, after the second "THE" by striking out the balance of the line and inserting "HOME OR FACILITY".

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

Rep. Spade moved to amend the bill as follows:

1. Amend page 1, line 5, after "PERSONS" by striking out "WHO ARE DIAGNOSED AS HAVING" and inserting "WITH".

2. Amend page 1, line 9, after "RESIDENTS" by striking out "WHO ARE DIAGNOSED AS HAVING" and inserting "WITH".

3. Amend page 2, line 2, after "RESIDENTS" by striking out "DIAGNOSED AS HAVING" and inserting "WITH".

4. Amend page 2, line 5, after "RESIDENTS" by striking out "DIAGNOSED AS HAVING" and inserting "WITH".

5. Amend page 2, line 11, after "RESIDENTS" by striking out "DIAGNOSED AS HAVING" and inserting "WITH".

6. Amend page 2, line 14, by striking out "DIAGNOSED AS HAVING" and inserting "WITH".

7. Amend page 2, line 16, after "RESIDENTS" by striking out "DIAGNOSED AS HAVING" and inserting "WITH".

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

Rep. Vander Roest 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. Shulman moved that Rep. Hart 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. 5761, entitled

A bill to amend 1979 PA 218, entitled "Adult foster care facility licensing act," (MCL 400.701 to 400.737) by adding section 26b.

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

Roll Call No. 546 Yeas--104

Allen Ehardt Koetje Richner

Baird Faunce Kowall Rison

Basham Frank Kuipers Rivet

Birkholz Garcia Kukuk Rocca

Bisbee Garza LaForge Sanborn

Bishop Geiger LaSata Schauer

Bogardus Gieleghem Law Schermesser

Bovin Gilbert Lemmons Scott

Bradstreet Godchaux Lockwood Scranton

Brater Gosselin Martinez Shackleton

Brewer Green Mead Sheltrown

Brown, B. Hager Middaugh Shulman

Brown, C. Hale Minore Spade

Byl Hanley Mortimer Stamas

Callahan Hansen Neumann Switalski

Cassis Hardman O'Neil Tabor

Caul Howell Pappageorge Tesanovich

Cherry Jacobs Patterson Thomas

Clark, I. Jamnick Perricone Toy

Clarke, H. Jansen Pestka Van Woerkom

Daniels Jelinek Price Vander Roest

DeHart Jellema Pumford Vear

Dennis Johnson, Rick Quarles Voorhees

DeRossett Johnson, Ruth Raczkowski Wojno

DeVuyst Julian Reeves Woodward

DeWeese Kelly Richardville Woronchak

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. 5759, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending section 21771 (MCL 333.21771).

The bill was read a second time.

Rep. Gieleghem moved to amend the bill as follows:

1. Amend page 2, line 19, after "A" by striking out "NURSE'S AIDE" and inserting "NURSING HOME EMPLOYEE".

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

Roll Call No. 547 Yeas--60

Baird Faunce Lockwood Schauer

Basham Frank Martinez Schermesser

Birkholz Garza Middaugh Scott

Bogardus Gieleghem Minore Scranton

Bovin Hager Neumann Shackleton

Brater Hale O'Neil Sheltrown

Brewer Hanley Pestka Spade

Brown, B. Hansen Price Switalski

Byl Hardman Quarles Tesanovich

Callahan Jacobs Raczkowski Thomas

Cherry Jamnick Reeves Toy

Clark, I. Julian Richardville Van Woerkom

Daniels Kelly Rison Wojno

DeHart LaForge Rivet Woodward

Dennis Lemmons Rocca Woronchak

Nays--43

Allen Garcia Johnson, Ruth Perricone

Bisbee Geiger Koetje Pumford

Bishop Gilbert Kowall Richner

Bradstreet Godchaux Kuipers Sanborn

Brown, C. Gosselin Kukuk Shulman

Cassis Green LaSata Stamas

Caul Hart Law Tabor

DeRossett Jansen Mead Vander Roest

DeVuyst Jelinek Mortimer Vear

DeWeese Jellema Pappageorge Voorhees

Ehardt Johnson, Rick Patterson

In The Chair: Birkholz

Rep. Gieleghem moved to amend the bill as follows:

1. Amend page 1, line 6, after "(B)" by striking out the balance of the subsection and inserting "MISAPPROPRIATE THE PERSONAL PROPERTY OF A PATIENT.".

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. 548 Yeas--48

Baird Dennis Kowall Rivet

Basham Faunce LaForge Rocca

Bovin Frank Lockwood Schauer

Brater Garza Martinez Schermesser

Brewer Gieleghem Minore Scott

Brown, B. Hager Neumann Shackleton

Callahan Hale O'Neil Sheltrown

Caul Hansen Pestka Spade

Clark, I. Hardman Quarles Switalski

Clarke, H. Jacobs Raczkowski Wojno

Daniels Jamnick Reeves Woodward

DeHart Kelly Rison Woronchak

Nays--49

Allen Geiger Koetje Richardville

Birkholz Gilbert Kuipers Richner

Bisbee Godchaux LaSata Sanborn

Bishop Gosselin Law Scranton

Bradstreet Green Mead Shulman

Brown, C. Hart Middaugh Stamas

Byl Howell Mortimer Tabor

Cassis Jansen Pappageorge Toy

DeRossett Jelinek Patterson Van Woerkom

DeVuyst Jellema Perricone Vander Roest

DeWeese Johnson, Rick Price Vear

Ehardt Julian Pumford Voorhees

Garcia

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. Vander Roest moved that Rep. Vear 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. 5759, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending section 21771 (MCL 333.21771).

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

Roll Call No. 549 Yeas--103

Allen Ehardt Kilpatrick Richardville

Baird Faunce Koetje Richner

Basham Frank Kowall Rison

Birkholz Garcia Kuipers Rivet

Bisbee Garza Kukuk Rocca

Bishop Geiger LaForge Sanborn

Bogardus Gieleghem LaSata Schauer

Bovin Gilbert Law Schermesser

Bradstreet Godchaux Lemmons Scott

Brater Gosselin Lockwood Shackleton

Brewer Green Martinez Sheltrown

Brown, B. Hager Mead Shulman

Brown, C. Hale Middaugh Spade

Byl Hansen Minore Stamas

Callahan Hardman Mortimer Switalski

Cassis Hart Neumann Tabor

Caul Howell O'Neil Tesanovich

Cherry Jacobs Pappageorge Thomas

Clark, I. Jamnick Patterson Toy

Clarke, H. Jansen Perricone Van Woerkom

Daniels Jelinek Pestka Vander Roest

DeHart Jellema Price Voorhees

Dennis Johnson, Rick Pumford Wojno

DeRossett Johnson, Ruth Quarles Woodward

DeVuyst Julian Raczkowski Woronchak

DeWeese Kelly Reeves

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. 5770, entitled

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

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

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

Rep. DeHart 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 Reps. Gosselin and Green 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. 5770, entitled

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

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

Roll Call No. 550 Yeas--102

Allen Ehardt Kowall Rison

Baird Faunce Kuipers Rivet

Basham Frank Kukuk Rocca

Birkholz Garcia LaSata Sanborn

Bisbee Garza Law Schauer

Bishop Geiger Lemmons Schermesser

Bogardus Gieleghem Lockwood Scott

Bovin Gilbert Martinez Scranton

Bradstreet Godchaux Mead Shackleton

Brater Hager Middaugh Sheltrown

Brewer Hale Minore Shulman

Brown, B. Hansen Mortimer Spade

Brown, C. Hardman Neumann Stamas

Byl Hart O'Neil Switalski

Callahan Howell Pappageorge Tabor

Cassis Jacobs Patterson Tesanovich

Caul Jamnick Perricone Thomas

Cherry Jansen Pestka Toy

Clark, I. Jelinek Price Van Woerkom

Clarke, H. Jellema Pumford Vander Roest

Daniels Johnson, Rick Quarles Vear

DeHart Johnson, Ruth Raczkowski Voorhees

Dennis Julian Reeves Wojno

DeRossett Kelly Richardville Woodward

DeVuyst Kilpatrick Richner Woronchak

DeWeese 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. 5805, entitled

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

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

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

Rep. Lockwood moved to amend the bill as follows:

1. Amend page 4, following line 2, by inserting:

"(B) ESTABLISH A SATISFACTION SURVEY TO BE DISTRIBUTED TO ALL NURSING HOME RESIDENTS DESIGNED TO ELICIT FEEDBACK FROM NURSING HOME RESIDENTS REGARDING STAFF PERFORMANCE AND NURSING HOME CONDITIONS." and relettering the remaining subdivisions.

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

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

The motion prevailed, 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. 5805, entitled

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

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

Roll Call No. 551 Yeas--105

Allen Faunce Koetje Richner

Baird Frank Kowall Rison

Basham Garcia Kuipers Rivet

Birkholz Garza Kukuk Rocca

Bisbee Geiger 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 Stamas

Callahan Hart Neumann Switalski

Cassis Howell O'Neil Tabor

Caul Jacobs Pappageorge Tesanovich

Cherry Jamnick Patterson Thomas

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

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. 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.

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. Bogardus moved to amend the bill as follows:

1. Amend page 4, line 5, by striking out all of sections 1231, 1236, and 1236A.

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

Rep. Bogardus demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 552 Yeas--68

Baird Faunce Kowall Rivet

Basham Frank LaForge Rocca

Bogardus Garza Law Sanborn

Bovin Hager Lemmons Schauer

Brater Hale Lockwood Schermesser

Brewer Hanley Martinez Scott

Brown, B. Hansen Minore Shackleton

Callahan Hardman Neumann Sheltrown

Caul Howell O'Neil Spade

Cherry Jacobs Patterson Stamas

Clark, I. Jamnick Pestka Switalski

Clarke, H. Jelinek Price Tesanovich

Daniels Jellema Pumford Thomas

DeHart Julian Quarles Van Woerkom

Dennis Kelly Reeves Wojno

DeRossett Kilpatrick Richardville Woodward

Ehardt Koetje Rison Woronchak

Nays--35

Allen Garcia Johnson, Ruth Raczkowski

Birkholz Geiger Kuipers Scranton

Bisbee Gilbert Kukuk Shulman

Bishop Godchaux LaSata Tabor

Bradstreet Gosselin Mead Toy

Brown, C. Green Middaugh Vander Roest

Cassis Hart Mortimer Vear

DeVuyst Jansen Pappageorge Voorhees

DeWeese Johnson, Rick Perricone

In The Chair: Birkholz

______

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

"Mr. Speaker and members of the House:

I did not vote on Roll Call No. 552 because of a possible conflict of interest."

Rep. Scranton moved that Rep. Godchaux be excused temporarily from today's session.

The motion prevailed.

Rep. Clarke moved to amend the bill as follows:

1. Amend page 9, following line 7, by inserting:

"(F) THE RIGHT TO ENSURE THE FOLLOWING:

(i) EXCEPT AS OTHERWISE PROVIDED IN SUBPARAGRAPH (ii), AFTER DECEMBER 31, 2002, A DISTRICT OR INTERMEDIATE SCHOOL DISTRICT SHALL NOT USE MERCURY OR LEAD COMPOUNDS OR SUBSTANCES THAT CONTAIN MERCURY OR LEAD OR HAVE A MERCURY OR LEAD CONTENT, OR EQUIPMENT, SUPPLIES, OR PRODUCTS THAT CONTAIN MERCURY OR LEAD OR HAVE A MERCURY OR LEAD CONTENT.

(ii) AFTER DECEMBER 31, 2002, IF NO REASONABLY ACCEPTABLE MERCURY-FREE OR LEAD-FREE ALTERNATIVE EXISTS FOR A COMPOUND OR SUBSTANCE OR FOR EQUIPMENT, SUPPLIES, OR PRODUCTS USED BY THE DISTRICT OR INTERMEDIATE SCHOOL DISTRICT, THEN THE DISTRICT OR INTERMEDIATE SCHOOL DISTRICT MAY USE THE COMPOUND OR SUBSTANCE OR EQUIPMENT, SUPPLY, OR PRODUCT THAT CONTAINS THE LOWEST MERCURY OR LEAD CONTENT AVAILABLE ON THE MARKET.".

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

Rep. Clarke demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 553 Yeas--103

Allen Ehardt Koetje Rison

Baird Faunce Kowall Rivet

Basham Frank Kuipers Rocca

Birkholz Garcia Kukuk Sanborn

Bisbee Geiger LaForge Schauer

Bishop Gieleghem LaSata Schermesser

Bogardus Gilbert Law Scott

Bovin Gosselin Lemmons Scranton

Bradstreet Green Lockwood Shackleton

Brater Hager Martinez Sheltrown

Brewer Hale Mead Shulman

Brown, B. Hanley Middaugh Spade

Brown, C. Hansen Minore Stamas

Byl Hardman Mortimer Switalski

Callahan Hart Neumann Tabor

Cassis Howell O'Neil Tesanovich

Caul Jacobs Pappageorge Thomas

Cherry Jamnick Patterson Toy

Clark, I. Jansen Perricone Van Woerkom

Clarke, H. Jelinek Pestka Vander Roest

Daniels Jellema Price Vear

DeHart Johnson, Rick Pumford Voorhees

Dennis Johnson, Ruth Raczkowski Wojno

DeRossett Julian Reeves Woodward

DeVuyst Kelly Richardville Woronchak

DeWeese Kilpatrick Richner

Nays--0

In The Chair: Birkholz

Rep. Allen moved to amend the bill as follows:

1. Amend page 28, line 26, after "DISTRICTS" by striking out the balance of the subdivision and inserting a period.

2. Amend page 29, line 9, after "OPPORTUNITIES" by striking out the balance of the subdivision and inserting a period.

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 29, following line 24, by inserting:

"(5) NONPUBLIC SCHOOL STUDENTS AND HOME-SCHOOLED CHILDREN MAY PARTICIPATE IN COURSE OFFERINGS OF THE MICHIGAN VIRTUAL HIGH SCHOOL TO THE SAME EXTENT THEY ARE ALLOWED TO PARTICIPATE IN SCHOOL DISTRICT COURSE OFFERINGS UNDER THIS ACT AND THE STATE SCHOOL AID ACT OF 1979, 1979 PA 94, MCL 388.1601 TO 388.1772" and renumbering the remaining subsection.

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

Rep. Cassis moved to amend the bill as follows:

1. Amend page 14, line 16, by striking out all of section 1280B, and inserting:

"SEC. 1280B. THE BOARD OF A SCHOOL DISTRICT OR BOARD OF DIRECTORS OF A PUBLIC SCHOOL ACADEMY SHALL USE CONTINUING YEARLY MEASURES OF ASSESSMENT, BOTH FORMAL AND INFORMAL, TO EVALUATE PUPILS' PROGRESS. THESE MEASURES MAY INCLUDE THE MICHIGAN LITERACY PROGRESS PROFILE TO ASSESS LITERACY AND STANDARDIZED TESTS WITH PROVEN VALIDITY AND RELIABILITY FOR THE AGE OR GRADE LEVEL MEASURED.".

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

Rep. Geiger 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. Middaugh 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. 5802, entitled

The bill was read a third time.

The question being on the passage of the bill,

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

The motion prevailed.

Second Reading of Bills

House Bill No. 4727, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 20165 and 20175 (MCL 333.20165 and 333.20175), section 20165 as amended by 1998 PA 108 and section 20175 as amended by 1993 PA 79, and by adding section 20173.

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

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

Rep. Brewer moved to amend the bill as follows:

1. Amend page 1, line 3, after "AGED" by inserting "AND, FOR PURPOSES OF THIS SECTION ONLY, AN ADULT FOSTER CARE FACILITY LICENSED UNDER THE ADULT FOSTER CARE ACT, 1979 PA 218, MCL 400.701 TO 400.737, AND A MENTAL HEALTH FACILITY LICENSED UNDER THE MENTAL HEALTH CODE, 1974 PA 258, MCL 330.1001 TO 330.2106,".

2. Amend page 2, line 14, after "AGED" by inserting "AND, FOR PURPOSES OF THIS SECTION ONLY, AN ADULT FOSTER CARE FACILITY LICENSED UNDER THE ADULT FOSTER CARE ACT, 1979 PA 218, MCL 400.701 TO 400.737, AND A MENTAL HEALTH FACILITY LICENSED UNDER THE MENTAL HEALTH CODE, 1974 PA 258, MCL 330.1001 TO 330.2106,".

3. Amend page 2, line 21, after "AGENCY" by inserting "AND, FOR PURPOSES OF THIS SECTION ONLY, AN ADULT FOSTER CARE FACILITY LICENSED UNDER THE ADULT FOSTER CARE ACT, 1979 PA 218, MCL 400.701 TO 400.737, AND A MENTAL HEALTH FACILITY LICENSED UNDER THE MENTAL HEALTH CODE, 1974 PA 258, MCL 330.1001 TO 330.2106,".

4. Amend page 2, line 26, after "AGED" by inserting "AND, FOR PURPOSES OF THIS SECTION ONLY, AN ADULT FOSTER CARE FACILITY LICENSED UNDER THE ADULT FOSTER CARE ACT, 1979 PA 218, MCL 400.701 TO 400.737, AND A MENTAL HEALTH FACILITY LICENSED UNDER THE MENTAL HEALTH CODE, 1974 PA 258, MCL 330.1001 TO 330.2106,".

5. Amend page 3, line 2, after "AGENCY" by inserting "AND, FOR PURPOSES OF THIS SECTION ONLY, AN ADULT FOSTER CARE FACILITY LICENSED UNDER THE ADULT FOSTER CARE ACT, 1979 PA 218, MCL 400.701 TO 400.737, AND A MENTAL HEALTH FACILITY LICENSED UNDER THE MENTAL HEALTH CODE, 1974 PA 258, MCL 330.1001 TO 330.2106,".

6. Amend page 3, line 8, after "AGENCY" by inserting "AND, FOR PURPOSES OF THIS SECTION ONLY, AN ADULT FOSTER CARE FACILITY LICENSED UNDER THE ADULT FOSTER CARE ACT, 1979 PA 218, MCL 400.701 TO 400.737, AND A MENTAL HEALTH FACILITY LICENSED UNDER THE MENTAL HEALTH CODE, 1974 PA 258, MCL 330.1001 TO 330.2106,".

7. Amend page 3, line 14, after "AGENCY" by inserting "AND, FOR PURPOSES OF THIS SECTION ONLY, AN ADULT FOSTER CARE FACILITY LICENSED UNDER THE ADULT FOSTER CARE ACT, 1979 PA 218, MCL 400.701 TO 400.737, AND A MENTAL HEALTH FACILITY LICENSED UNDER THE MENTAL HEALTH CODE, 1974 PA 258, MCL 330.1001 TO 330.2106,".

8. Amend page 3, line 20, after "AGED" by inserting "AND, FOR PURPOSES OF THIS SECTION ONLY, AN ADULT FOSTER CARE FACILITY LICENSED UNDER THE ADULT FOSTER CARE ACT, 1979 PA 218, MCL 400.701 TO 400.737, AND A MENTAL HEALTH FACILITY LICENSED UNDER THE MENTAL HEALTH CODE, 1974 PA 258, MCL 330.1001 TO 330.2106,".

9. Amend page 4, line 1, after "AGENCY" by inserting "AND, FOR PURPOSES OF THIS SECTION ONLY, AN ADULT FOSTER CARE FACILITY LICENSED UNDER THE ADULT FOSTER CARE ACT, 1979 PA 218, MCL 400.701 TO 400.737, AND A MENTAL HEALTH FACILITY LICENSED UNDER THE MENTAL HEALTH CODE, 1974 PA 258, MCL 330.1001 TO 330.2106,".

10. Amend page 4, line 3, after "AGENCY" by inserting "AND, FOR PURPOSES OF THIS SECTION ONLY, AN ADULT FOSTER CARE FACILITY LICENSED UNDER THE ADULT FOSTER CARE ACT, 1979 PA 218, MCL 400.701 TO 400.737, AND A MENTAL HEALTH FACILITY LICENSED UNDER THE MENTAL HEALTH CODE, 1974 PA 258, MCL 330.1001 TO 330.2106,".

11. Amend page 4, line 9, after "AGENCY" by inserting "AND, FOR PURPOSES OF THIS SECTION ONLY, AN ADULT FOSTER CARE FACILITY LICENSED UNDER THE ADULT FOSTER CARE ACT, 1979 PA 218, MCL 400.701 TO 400.737, AND A MENTAL HEALTH FACILITY LICENSED UNDER THE MENTAL HEALTH CODE, 1974 PA 258, MCL 330.1001 TO 330.2106,".

12. Amend page 4, line 18, after "AGED" by inserting "AND, FOR PURPOSES OF THIS SECTION ONLY, AN ADULT FOSTER CARE FACILITY LICENSED UNDER THE ADULT FOSTER CARE ACT, 1979 PA 218, MCL 400.701 TO 400.737, AND A MENTAL HEALTH FACILITY LICENSED UNDER THE MENTAL HEALTH CODE, 1974 PA 258, MCL 330.1001 TO 330.2106,".

13. Amend page 4, line 21, after "AGENCY" by inserting "AND, FOR PURPOSES OF THIS SECTION ONLY, AN ADULT FOSTER CARE FACILITY LICENSED UNDER THE ADULT FOSTER CARE ACT, 1979 PA 218, MCL 400.701 TO 400.737, AND A MENTAL HEALTH FACILITY LICENSED UNDER THE MENTAL HEALTH CODE, 1974 PA 258, MCL 330.1001 TO 330.2106,".

14. Amend page 4, line 24, after "AGENCY" by inserting "AND, FOR PURPOSES OF THIS SECTION ONLY, AN ADULT FOSTER CARE FACILITY LICENSED UNDER THE ADULT FOSTER CARE ACT, 1979 PA 218, MCL 400.701 TO 400.737, AND A MENTAL HEALTH FACILITY LICENSED UNDER THE MENTAL HEALTH CODE, 1974 PA 258, MCL 330.1001 TO 330.2106,".

15. Amend page 5, line 11, after "AGENCY" by inserting "AND, FOR PURPOSES OF THIS SECTION ONLY, AN ADULT FOSTER CARE FACILITY LICENSED UNDER THE ADULT FOSTER CARE ACT, 1979 PA 218, MCL 400.701 TO 400.737, AND A MENTAL HEALTH FACILITY LICENSED UNDER THE MENTAL HEALTH CODE, 1974 PA 258, MCL 330.1001 TO 330.2106,".

16. Amend page 5, line 20, after "AGENCIES" by inserting a comma and "ADULT FOSTER CARE FACILITIES, AND MENTAL HEALTH FACILITIES".

17. Amend page 5, line 26, after "AGENCY" by inserting "AND, FOR PURPOSES OF THIS SECTION ONLY, AN ADULT FOSTER CARE FACILITY LICENSED UNDER THE ADULT FOSTER CARE ACT, 1979 PA 218, MCL 400.701 TO 400.737, AND A MENTAL HEALTH FACILITY LICENSED UNDER THE MENTAL HEALTH CODE, 1974 PA 258, MCL 330.1001 TO 330.2106,".

18. Amend page 6, line 7, after "AGED" by inserting "AND, FOR PURPOSES OF THIS SECTION ONLY, AN ADULT FOSTER CARE FACILITY LICENSED UNDER THE ADULT FOSTER CARE ACT, 1979 PA 218, MCL 400.701 TO 400.737, AND A MENTAL HEALTH FACILITY LICENSED UNDER THE MENTAL HEALTH CODE, 1974 PA 258, MCL 330.1001 TO 330.2106,".

19. Amend page 6, line 13, after the first "AGENCY" by inserting "AND, FOR PURPOSES OF THIS SECTION ONLY, AN ADULT FOSTER CARE FACILITY LICENSED UNDER THE ADULT FOSTER CARE ACT, 1979 PA 218, MCL 400.701 TO 400.737, AND A MENTAL HEALTH FACILITY LICENSED UNDER THE MENTAL HEALTH CODE, 1974 PA 258, MCL 330.1001 TO 330.2106,".

20. Amend page 6, line 13, after the second "AGENCY" by inserting "AND, FOR PURPOSES OF THIS SECTION ONLY, AN ADULT FOSTER CARE FACILITY LICENSED UNDER THE ADULT FOSTER CARE ACT, 1979 PA 218, MCL 400.701 TO 400.737, AND A MENTAL HEALTH FACILITY LICENSED UNDER THE MENTAL HEALTH CODE, 1974 PA 258, MCL 330.1001 TO 330.2106,".

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

Rep. Brewer demanded the yeas and nays.

The demand was supported.

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

______

Rep. Lockwood moved that Rep. O'Neil be excused temporarily from today's session.

The motion prevailed.

Point of Order

Rep. Law requested a ruling from the Chair regarding the germaneness of the amendments offered by Rep. Brewer.

The Chair ruled that the amendments are not germane pursuant to House Rule 64. The amendments introduce 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. 554 Yeas--57

Allen Geiger Koetje Richardville

Birkholz Gilbert Kowall Richner

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 Perricone Vear

Ehardt Johnson, Ruth Pumford Voorhees

Faunce Julian Raczkowski Woronchak

Garcia

Nays--45

Baird Frank LaForge Rivet

Basham Garza Lemmons Schauer

Bogardus Gieleghem Lockwood Schermesser

Bovin Hale Martinez Scott

Brater Hanley Minore Sheltrown

Brewer Hansen Neumann Spade

Brown, B. Hardman Pestka Switalski

Callahan Jacobs Price Tesanovich

Clark, I. Jamnick Quarles Thomas

Daniels Kelly Reeves Wojno

DeHart Kilpatrick Rison Woodward

Dennis

In The Chair: Birkholz

Rep. Law 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. Rocca 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. 4727, 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. 555 Yeas--103

Allen Ehardt Kilpatrick Richner

Baird Faunce Koetje Rison

Basham Frank Kowall Rivet

Birkholz Garcia Kuipers Sanborn

Bisbee Garza Kukuk Schauer

Bishop Gieleghem LaForge Schermesser

Bogardus Gilbert LaSata Scott

Bovin Godchaux Law Scranton

Bradstreet Gosselin Lemmons Shackleton

Brater Green Lockwood Sheltrown

Brewer Hager Martinez Shulman

Brown, B. Hale Mead Spade

Brown, C. Hanley Middaugh Stamas

Byl Hansen Minore Switalski

Callahan Hardman Mortimer Tabor

Cassis Hart Neumann Tesanovich

Caul Howell Pappageorge Thomas

Cherry Jacobs Patterson Toy

Clark, I. Jamnick Perricone Van Woerkom

Clarke, H. Jansen Pestka Vander Roest

Daniels Jelinek Price Vear

DeHart Jellema Pumford Voorhees

Dennis Johnson, Rick Quarles Wojno

DeRossett Johnson, Ruth Raczkowski Woodward

DeVuyst Julian Reeves Woronchak

DeWeese Kelly Richardville

Nays--0

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 amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding section 20173.

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.

______

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

Second Reading of Bills

House Bill No. 5548, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending section 17015 (MCL 333.17015), as added by 1993 PA 133.

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. Hardman moved to amend the bill as follows:

1. Amend page 7, line 26, after "gestation" inserting a comma and "using curriculum materials from the Michigan model for comprehensive school health education for grade 6, phase IV, lesson 22 in use on January 1, 1992.".

2. Amend page 8, line 6, after "development." by inserting "THE DEPARTMENT SHALL INCLUDE IN THE INTERNET WEBSITE DEVELOPED AND MAINTAINED UNDER SUBSECTION (11)(G) THE DEPICTIONS, ILLUSTRATIONS, AND PHOTOGRAPHS DESCRIBED IN THIS SUBDIVISION IN A PRINTABLE FORM.".

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. 556 Yeas--33

Baird Dennis Jamnick Quarles

Bogardus Garza Kilpatrick Rison

Brater Gieleghem LaForge Scott

Brewer Hale Lemmons Scranton

Cherry Hanley Lockwood Switalski

Clark, I. Hansen Martinez Tesanovich

Clarke, H. Hardman Minore Thomas

Daniels Jacobs Price Woodward

DeHart

Nays--69

Allen Frank Kuipers Richner

Basham Garcia Kukuk Rocca

Birkholz Gilbert LaSata Sanborn

Bisbee Gosselin Law Schermesser

Bishop Green Mead Shackleton

Bovin Hager Middaugh Sheltrown

Bradstreet Hart Mortimer Shulman

Brown, B. Howell Neumann Spade

Brown, C. Jansen O'Neil Stamas

Byl Jelinek Pappageorge Tabor

Callahan Jellema Patterson Toy

Cassis Johnson, Rick Perricone Van Woerkom

Caul Johnson, Ruth Pestka Vander Roest

DeRossett Julian Pumford Vear

DeVuyst Kelly Raczkowski Voorhees

DeWeese Koetje Reeves Wojno

Ehardt Kowall Richardville Woronchak

Faunce

In The Chair: Scranton

______

The Speaker Pro Tempore resumed the Chair.

Rep. Dennis moved to amend the bill as follows:

1. Amend page 3, line 1, by striking out all of subdivision (G).

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. 557 Yeas--38

Baird Garza LaForge Schauer

Bogardus Gieleghem Lemmons Schermesser

Brater Godchaux Lockwood Scott

Brewer Hale Martinez Scranton

Cherry Hanley Minore Switalski

Clark, I. Hansen Price Tesanovich

Clarke, H. Hardman Quarles Thomas

Daniels Jacobs Reeves Toy

DeHart Jamnick Rison Woodward

Dennis Kilpatrick

Nays--67

Allen Faunce Koetje Richardville

Basham Frank Kowall Richner

Birkholz Garcia Kuipers Rivet

Bisbee Geiger Kukuk Rocca

Bishop Gilbert LaSata Sanborn

Bovin Gosselin Law Shackleton

Bradstreet Green Mead Sheltrown

Brown, B. Hager Middaugh Shulman

Brown, C. Hart Mortimer Spade

Byl Howell Neumann Stamas

Callahan Jansen O'Neil Tabor

Cassis Jelinek Pappageorge Van Woerkom

Caul Jellema Patterson Vander Roest

DeRossett Johnson, Rick Perricone Vear

DeVuyst Johnson, Ruth Pestka Voorhees

DeWeese Julian Pumford Woronchak

Ehardt Kelly Raczkowski

In The Chair: Birkholz

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

The motion prevailed.

House Bill No. 4792, entitled

A bill to amend 1996 PA 195, entitled "Police officer's and fire fighter's survivor tuition act," by amending the title and sections 1, 2, and 3 (MCL 390.1241, 390.1242, and 390.1243).

Was read a second time, and the question being on the adoption of the proposed amendment previously recommended by the Committee on Education (for amendment, see House Journal No. 8, p. 106),

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

Rep. Cherry moved to amend the bill as follows:

1. Amend page 5, line 24, by striking out all of subdivision (e) and relettering the remaining subdivisions.

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

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

The motion prevailed, 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. Pappageorge 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. 4792, entitled

A bill to amend 1996 PA 195, entitled "Police officer's and fire fighter's survivor tuition act," by amending the title and sections 1, 2, and 3 (MCL 390.1241, 390.1242, and 390.1243).

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

Roll Call No. 558 Yeas--103

Allen Ehardt Koetje Rison

Baird Faunce Kowall Rivet

Basham Frank Kuipers Rocca

Birkholz Garcia Kukuk Sanborn

Bisbee Garza LaForge Schauer

Bishop Gieleghem LaSata Schermesser

Bogardus Gilbert 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 Stamas

Byl Hardman Neumann Switalski

Callahan Hart O'Neil Tabor

Cassis Howell Pappageorge Tesanovich

Caul Jacobs Patterson Thomas

Cherry Jamnick Perricone Toy

Clark, I. Jansen Pestka Van Woerkom

Clarke, H. Jelinek Price Vander Roest

Daniels Jellema Pumford Vear

DeHart Johnson, Rick Quarles Voorhees

Dennis Johnson, Ruth Raczkowski Wojno

DeRossett Julian Reeves Woodward

DeVuyst Kelly Richardville Woronchak

DeWeese Kilpatrick Richner

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.

Reps. Birkholz, Bisbee, Bogardus, Brater, Brewer, Callahan, Caul, Clark, Clarke, Dennis, DeRossett, DeWeese, Ehardt, Faunce, Garcia, Garza, Gilbert, Hager, Hansen, Hardman, Jamnick, Jansen, Ruth Johnson, Kelly, Kowall, Kuipers, LaForge, LaSata, Martinez, Mead, Minore, Mortimer, Neumann, Pappageorge, Pestka, Raczkowski, Reeves, Richner, Rocca, Sanborn, Schermesser, Scott, Shackleton, Sheltrown, Shulman, Spade, Tabor, Tesanovich, Van Woerkom, Vander Roest, Wojno and Woodward were named co-sponsors of the bill.

By unanimous consent the House returned to the order of

Motions and Resolutions

Rep. Jacobs moved that the Committee on Appropriations be discharged from further consideration of House Bill No. 4740.

(For first notice see House Journal No. 48, p. 1234.)

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

Rep. Jacobs demanded the yeas and nays.

The demand was supported.

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

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

The motion prevailed.

Rep. Jacobs moved that the Committee on Education be discharged from further consideration of House Bill No. 5198.

(For first notice see House Journal No. 48, p. 1233.)

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

Rep. Jacobs demanded the yeas and nays.

The demand was supported.

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

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

The motion prevailed.

______

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

The motion prevailed.

Rep. Raczkowski moved that when the House adjourns today it stand adjourned until Tuesday, May 30, at 10:00 a.m.

The motion prevailed.

Announcement by the Clerk of Printing and Enrollment

The Clerk announced the enrollment printing and presentation to the Governor on Thursday, May 25, for his approval of the following bills:

Enrolled House Bill No. 4205 at 9:54 a.m.

Enrolled House Bill No. 4664 at 9:56 a.m.

Enrolled House Bill No. 5316 at 9:58 a.m.

The Clerk announced that the following bills had been printed and placed upon the files of the members, Thursday, May 25:

House Bill Nos. 5834 5835 5836 5837 5838 5839 5840 5841 5842

By unanimous consent the House returned to the order of

Reports of Standing Committees

The Committee on Great Lakes and Tourism, by Rep. Shackleton, Chair, reported

House Bill No. 5813, entitled

A bill to amend 1954 PA 99, entitled "An act authorizing the international bridge authority of Michigan, created by Act No. 237 of the Public Acts of 1935, as amended, being sections 254.201 to 254.216, inclusive, of the Compiled Laws of 1948, to construct, maintain, repair and operate a bridge or tunnel project from the Upper Peninsula of Michigan to the province of Ontario, Canada, and providing for the acquisition and operation of the existing ferry system and buses in connection with such project; defining the powers and duties of the authority; granting to the authority power to acquire necessary real and personal property and to exercise the power of condemnation; providing for financing such project by the issuance of revenue bonds of the authority, payable solely from tolls and other revenues; providing that no debt of the state shall be incurred in the exercise of any such powers; providing for the collection of tolls and other revenues to pay such bonds and the interest thereon and the cost of maintenance, repair and operation of such project; exempting from taxes and assessments such project and such bonds and the income therefrom; authorizing the issuance of revenue refunding bonds; prescribing the rights and remedies of the holders of bonds issued under the provisions of this act; making an appropriation; and repealing certain acts and parts of acts," by amending the title and sections 1, 3, 4, 7, and 16 (MCL 254.221, 254.223, 254.224, 254.227, and 254.236), section 3 as amended by 1994 PA 44, and by adding section 3a; and to repeal acts and parts of acts.

With the recommendation that the bill pass.

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

Favorable Roll Call

HB 5813 To Report Out:

Yeas: Reps. Shackleton, Van Woerkom, Birkholz, Bisbee, Hager, Gilbert, Kowall, Middaugh, Richardville, Woronchak, Neumann, Clark, Hale, Lockwood, Rivet, Woodward,

Nays: None.

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Shackleton, Chair of the Committee on Great Lakes and Tourism, was received and read:

Meeting held on: Thursday, May 25, 2000, at 10:30 a.m.,

Present: Reps. Shackleton, Van Woerkom, Birkholz, Bisbee, Hager, Gilbert, Kowall, Middaugh, Richardville, Woronchak, Neumann, Clark, Hale, Lockwood, Rivet, Sheltrown, Woodward.

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

House Bill No. 5832, entitled

A bill to amend 1961 PA 112, entitled "An act to authorize and provide for the issuance and sale of bonds and notes of the state; to provide funds for making loans to school districts for payment of principal and interest on certain school bonds; to provide for use of moneys repaid to the state by school districts; and to make an appropriation," by amending the title and sections 1 and 2 (MCL 388.981 and 388.982), the title and section 2 as amended by 1991 PA 64, and by adding sections 1a and 1b.

With the recommendation that the bill pass.

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

Favorable Roll Call

HB 5832 To Report Out:

Yeas: Reps. Allen, Bradstreet, DeWeese, Hager, Rick Johnson, Kuipers, Van Woerkom, Voorhees, Bogardus,

Nays: None.

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

House Bill No. 5833, entitled

A bill to amend 1961 PA 108, entitled "An act to provide for loans by the state of Michigan to school districts for the payment of principal and interest upon school bonds; to prescribe the terms and conditions of the loans and the conditions upon which levies for bond principal and interest shall be included in computing the amount to be so loaned by the state; to prescribe the powers and duties of the superintendent of public instruction and the state treasurer in relation to such loans; to provide for the repayment of such loans; to provide incentives for repayment of such loans; to provide for other matters in respect to such loans; and to make an appropriation," by amending the title and sections 1, 2, 3, 4, 4a, 5, 6, 7, 8, 9, 9b, 10, 10a, 11, and 12 (MCL 388.951, 388.952, 388.953, 388.954, 388.954a, 388.955, 388.956, 388.957, 388.958, 388.959, 388.959b, 388.960, 388.960a, 388.961, and 388.962), the title and sections 6 and 9 as amended and section 9b as added by 1991 PA 65, sections 2, 4, and 11 as amended by 1992 PA 228, section 3 as amended by 1985 PA 25, section 4a as amended by 1991 PA 22, section 5 as amended by 1983 PA 124, and section 10 as amended and section 10a as added by 1989 PA 6, and by adding sections 1a, 9c, 10b, 10c, and 11a; and to repeal acts and parts of acts.

With the recommendation that the following amendments be adopted and that the bill then pass.

1. Amend page 14, line 8, after "ISSUE," by inserting "THE ESTIMATED AVERAGE ANNUAL MILLAGE RATE TO BE LEVIED OVER THE TERM OF THE PROPOSED BOND ISSUE IF THE BOND ISSUE IS APPROVED COMPARED TO THAT RATE IF THE BOND ISSUE IS NOT APPROVED,".

2. Amend page 34, line 18, after "VALUE" by inserting "PER MEMBERSHIP PUPIL".

3. Amend page 36, line 11, after "USED" by inserting "TOWARD FULLY FUNDING PROJECT GRANTS FOR THAT FISCAL YEAR THAT HAVE PRORATED PURSUANT TO SUBSECTION (3) OR".

4. Amend page 37, line 13, by striking out all of subsection (8) and renumbering the remaining subsection.

5. Amend page 37, line 23, by striking out all of subdivision (C).

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

Favorable Roll Call

HB 5833 To Report Out:

Yeas: Reps. Allen, Ruth Johnson, Bradstreet, DeWeese, Hager, Rick Johnson, Kuipers, Van Woerkom, Voorhees, Clark, Spade,

Nays: None.

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Thursday, May 25, 2000, at 12:01 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,

Excused: Rep. Daniels.

The Committee on Local Government and Urban Policy, by Rep. Birkholz, Chair, reported

House Bill No. 5296, entitled

A bill to amend 1954 PA 188, entitled "An act to provide for the making of certain improvements by townships; to provide for paying for the improvements by the issuance of bonds; to provide for the levying of taxes; to provide for assessing the whole or a part of the cost of improvements against property benefited; and to provide for the issuance of bonds in anticipation of the collection of special assessments and for the obligation of the township on the bonds," by amending section 4a (MCL 41.724a), as amended by 1986 PA 180.

With the recommendation that the following amendment be adopted and that the bill then pass.

1. Amend page 2, line 13, after "hearing." by striking out "EACH PUBLISHED NOTICE SHALL" and inserting "IF A PUBLISHED NOTICE INCLUDES A LIST OF THE PROPERTY IDENTIFICATION NUMBERS FOR EACH PARCEL OF PROPERTY TO BE ASSESSED, THAT PUBLISHED NOTICE SHALL ALSO".

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

Favorable Roll Call

HB 5296 To Report Out:

Yeas: Reps. Birkholz, Hager, Bishop, DeWeese, Julian, Lockwood, Jamnick, Minore,

Nays: Rep. Vander Roest.

The Committee on Local Government and Urban Policy, by Rep. Birkholz, Chair, reported

House Bill No. 5303, entitled

A bill to establish the Michigan affordable housing fund in the department of treasury; to provide for the administration of the fund; to provide for the deposit of certain money in that fund; to provide for the distribution of the money in that fund and to limit the use of the money in that fund; and to prescribe the powers and duties of certain state officials.

With the recommendation that the following amendments be adopted and that the bill then pass.

1. Amend page 4, line 8, after "section" by striking out "7" and inserting "6".

2. Amend page 4, line 15, after "section" by striking out "8" and inserting "7".

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

Favorable Roll Call

HB 5303 To Report Out:

Yeas: Reps. Birkholz, Hager, DeWeese, Julian, Vander Roest, Lockwood, Jamnick, Minore,

Nays: None.

The Committee on Local Government and Urban Policy, by Rep. Birkholz, Chair, reported

House Bill No. 5304, entitled

A bill to amend 1966 PA 346, entitled "State housing development authority act of 1966," (MCL 125.1401 to 125.1499c) by amending the title, as amended by 1984 PA 215, and by adding chapter 3A.

With the recommendation that the bill pass.

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

Favorable Roll Call

HB 5304 To Report Out:

Yeas: Reps. Birkholz, Hager, DeWeese, Julian, Vander Roest, Lockwood, Jamnick, Minore,

Nays: None.

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Thursday, May 25, 2000, at 9:00 a.m.,

Present: Reps. Birkholz, Hager, Bishop, DeWeese, Julian, Vander Roest, Lockwood, Jamnick, Minore,

Absent: Reps. Tabor, Reeves,

Excused: Reps. Tabor, Reeves.

The Committee on Health Policy, by Rep. Law, Chair, reported

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.

With the recommendation that the following amendments be adopted and that the bill then pass.

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".

4. Amend page 32, line 24, after "PRACTICE" by striking out "MEDICINE".

5. Amend page 33, line 5, after "MEDICAL" by inserting "OR OTHER APPROPRIATE".

6. Amend page 33, line 19, after "PRACTICE" by striking out "MEDICINE".

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

Favorable Roll Call

SB 1209 To Report Out:

Yeas: Reps. Law, DeWeese, DeRossett, Ehardt, Gosselin, Green, Ruth Johnson, Raczkowski, Rocca, Vear,

Nays: Reps. Schauer, Dennis, Jacobs, Neumann, Woodward.

The Committee on Health Policy, by Rep. Law, Chair, reported

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.

With the recommendation that the bill pass.

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

Favorable Roll Call

SB 1211 To Report Out:

Yeas: Reps. Law, DeWeese, DeRossett, Ehardt, Gosselin, Green, Ruth Johnson, Raczkowski, Rocca, Vear,

Nays: None.

The Committee on Health Policy, by Rep. Law, Chair, reported

Senate Bill No. 1224, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending section 16181 (MCL 333.16181), as amended by 1993 PA 80.

With the recommendation that the following amendments be adopted and that the bill then pass.

1. Amend page 2, line 3, after "(2)" by inserting "UNTIL OCTOBER 1, 2004,".

2. Amend page 2, line 27, after "license." by inserting "PURSUANT TO SECTION 16315 (b), THE DEPARTMENT SHALL FORM A COMMISSION CONSISTING OF REPRESENTATIVES FROM THE BOARD OF NURSING, THE MICHIGAN NURSES ASSOCIATION, AND THE GENERAL PUBLIC TO RESEARCH AND MAKE RECOMMENDATION ON THE CURRENT AND FUTURE NEEDS OF A PROFESSIONAL NURSING WORKFORCE IN MICHIGAN. A REPORT ON THE COMMISSION'S FINDINGS SHALL BE REPORTED TO THE LEGISLATURE NO LATER THAN OCTOBER 1, 2003.".

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

Favorable Roll Call

SB 1224 To Report Out:

Yeas: Reps. Law, DeWeese, Ehardt, Gosselin, Ruth Johnson, Raczkowski, Rocca, Vear, Schauer, Dennis, Jacobs, Neumann, Reeves, Woodward,

Nays: None.

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Thursday, May 25, 2000, at 10:30 a.m.,

Present: Reps. Law, DeWeese, DeRossett, Ehardt, Gosselin, Green, Ruth Johnson, Raczkowski, Rocca, Vear, Schauer, Baird, Dennis, Jacobs, Neumann, Reeves, Woodward.

The Committee on Conservation and Outdoor Recreation, by Rep. DeVuyst, Chair, reported

House Bill No. 5509, entitled

A bill to amend 1966 PA 225, entitled "Carnival-amusement safety act of 1966," by amending section 2 (MCL 408.652), as amended by 1998 PA 507, and by adding sections 18, 19, and 20.

With the recommendation that the bill pass.

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

Favorable Roll Call

HB 5509 To Report Out:

Yeas: Reps. DeVuyst, DeRossett, Green, Kowall, Middaugh, Sanborn, Basham, Brater, Sheltrown,

Nays: None.

The Committee on Conservation and Outdoor Recreation, by Rep. DeVuyst, Chair, reported

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).

With the recommendation that the bill pass.

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

Favorable Roll Call

HB 5839 To Report Out:

Yeas: Reps. DeVuyst, Tabor, DeRossett, Green, Kowall, Middaugh, Sanborn, Sheltrown,

Nays: None.

The Committee on Conservation and Outdoor Recreation, by Rep. DeVuyst, Chair, reported

Senate Bill No. 1201, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 3112a (MCL 324.3112a), as amended by 1998 PA 3.

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

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

Favorable Roll Call

SB 1201 To Report Out:

Yeas: Reps. DeVuyst, Tabor, DeRossett, Green, Kowall, Middaugh, Sanborn, Basham, Brater, Sheltrown,

Nays: None.

The Committee on Conservation and Outdoor Recreation, by Rep. DeVuyst, Chair, reported

Senate Bill No. 1216, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 3112c.

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

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

Favorable Roll Call

SB 1216 To Report Out:

Yeas: Reps. DeVuyst, Tabor, DeRossett, Green, Kowall, Middaugh, Sanborn, Basham, Brater, Sheltrown,

Nays: None.

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. DeVuyst, Chair of the Committee on Conservation and Outdoor Recreation, was received and read:

Meeting held on: Thursday, May 25, 2000, at 8:00 a.m.,

Present: Reps. DeVuyst, Tabor, DeRossett, Allen, Green, Kowall, Middaugh, Sanborn, Callahan, Basham, Brater, Gieleghem, Sheltrown,

Absent: Reps. Patterson, Mans,

Excused: Reps. Patterson, Mans.

The Committee on Family and Civil Law, by Rep. Richner, Chair, reported

House Bill No. 5063, entitled

A bill to amend 1964 PA 170, entitled "An act to make uniform the liability of municipal corporations, political subdivisions, and the state, its agencies and departments, officers, employees, and volunteers thereof, and members of certain boards, councils, and task forces when engaged in the exercise or discharge of a governmental function, for injuries to property and persons; to define and limit this liability; to define and limit the liability of the state when engaged in a proprietary function; to authorize the purchase of liability insurance to protect against loss arising out of this liability; to provide for defending certain claims made against public officers and paying damages sought or awarded against them; to provide for the legal defense of public officers and employees; to provide for reimbursement of public officers and employees for certain legal expenses; and to repeal certain acts and parts of acts," by amending section 7 (MCL 691.1407), as amended by 1996 PA 143.

With the recommendation that the substitute (H-7) 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 5063 To Report Out:

Yeas: Reps. Richner, Shulman, Koetje, Sanborn, Voorhees, Baird, Minore, Switalski, Schermesser,

Nays: None.

The Committee on Family and Civil Law, by Rep. Richner, Chair, reported

House Bill No. 5543, entitled

A bill to amend 1939 PA 288, entitled "Probate code of 1939," (MCL 710.21 to 712A.32) by adding section 19e to chapter XIIA.

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 5543 To Report Out:

Yeas: Reps. Richner, Shulman, Hart, Koetje, Sanborn, Voorhees, Baird, Minore, Switalski, Schermesser,

Nays: None.

The Committee on Family and Civil Law, by Rep. Richner, Chair, reported

House Bill No. 5803, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending section 20175 (MCL 333.20175), as amended by 1993 PA 79.

With the recommendation that the bill pass.

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

Favorable Roll Call

HB 5803 To Report Out:

Yeas: Reps. Richner, Shulman, Koetje, Sanborn, Voorhees, Baird, Minore, Switalski, Schermesser,

Nays: None.

The Committee on Family and Civil Law, by Rep. Richner, Chair, reported

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.

With the recommendation that the following amendments be adopted and that the bill then pass.

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

"TITLE

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; TO PROVIDE FOR CERTAIN IMMUNITY FROM LIABILITY; and to provide remedies and penalties.".

2. Amend page 8, line 8, after "ACTION" by inserting "WITH THE COURT".

3. Amend page 8, line 9, after "FOLLOWING" by striking out "JURISDICTIONS" and inserting "COUNTIES".

4. Amend page 8, line 10, after the third "THE" by striking out "JURISDICTION" and inserting "COUNTY".

5. Amend page 8, line 14, after the first "THE" by striking out "JURISDICTION" and inserting "COUNTY".

6. Amend page 8, line 16, after "THE" by striking out "JURISDICTION" and inserting "COUNTY".

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

Favorable Roll Call

SB 1052 To Report Out:

Yeas: Reps. Richner, Shulman, Hart, Koetje, Sanborn, Voorhees, Baird, Minore, Switalski, Schermesser,

Nays: None.

The Committee on Family and Civil Law, by Rep. Richner, Chair, reported

Senate Bill No. 1053, entitled

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

With the recommendation that the bill pass.

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

Favorable Roll Call

SB 1053 To Report Out:

Yeas: Reps. Richner, Shulman, Hart, Koetje, Sanborn, Voorhees, Baird, Minore, Switalski, Schermesser,

Nays: None.

The Committee on Family and Civil Law, by Rep. Richner, Chair, reported

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.

With the recommendation that the bill pass.

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

Favorable Roll Call

SB 1187 To Report Out:

Yeas: Reps. Richner, Shulman, Hart, Koetje, Sanborn, Voorhees, Baird, Minore, Switalski, Schermesser,

Nays: None.

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Richner, Chair of the Committee on Family and Civil Law, was received and read:

Meeting held on: Thursday, May 25, 2000, at 9:00 a.m.,

Present: Reps. Richner, Shulman, Hart, Koetje, Sanborn, Voorhees, Baird, Minore, Switalski, Schermesser,

Absent: Rep. Law,

Excused: Rep. Law.

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

Senate Bill No. 1044, entitled

A bill to amend 1979 PA 94, entitled "The state school aid act of 1979," by amending sections 3, 6, 8, 11, 11f, 11g, 19, 20, 20j, 21b, 24, 26a, 31a, 31c, 31d, 32, 36, 36a, 39, 40, 41, 51a, 53a, 54, 56, 57, 61a, 62, 63, 67, 68, 74, 81, 91c, 94, 99, 101, 102, 104a, 105, 105b, 105c, 107, 147, 151, 152, and 163 (MCL 388.1603, 388.1606, 388.1608, 388.1611, 388.1611f, 388.1611g, 388.1619, 388.1620, 388.1620j, 388.1621b, 388.1624, 388.1626a, 388.1631a, 388.1631c, 388.1631d, 388.1632, 388.1636, 388.1636a, 388.1639, 388.1640, 388.1641, 388.1651a, 388.1653a, 388.1654, 388.1656, 388.1657, 388.1661a, 388.1662, 388.1663, 388.1667, 388.1668, 388.1674, 388.1681, 388.1691c, 388.1694, 388.1699, 388.1701, 388.1702, 388.1704a, 388.1705, 388.1705b, 388.1705c, 388.1707, 388.1747, 388.1751, 388.1752, and 388.1763), sections 6, 11, 11f, 11g, 20, 24, 26a, 31a, 31c, 36, 36a, 41, 51a, 53a, 54, 56, 57, 61a, 62, 63, 67, 68, 74, 81, 94, 99, 101, 104a, 105, 107, and 147 as amended and sections 20j, 31d, 32, and 105c as added by 1999 PA 119, sections 3 and 151 as amended by 1997 PA 93, sections 8 and 39 as amended by 1997 PA 142, sections 19, 21b, 102, and 163 as amended by 1996 PA 300, section 40 as amended by 1991 PA 118, section 91c as added by 1995 PA 130, section 105b as added by 1997 PA 24, and section 152 as amended by 1993 PA 175, and by adding sections 20l, 22a, 22b, 22c, 51c, 94a, 101b, and 108; and to repeal acts and parts of acts.

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

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

Favorable Roll Call

SB 1044 To Report Out:

Yeas: Reps. Geiger, Jellema, Cameron Brown, Byl, Caul, Jansen, Jelinek, Kukuk, LaSata, Mead, Mortimer, Pappageorge, Pumford, Stamas, Toy, Price, Cherry, Clarke, Frank, Kelly, Martinez, Pestka, Tesanovich,

Nays: None.

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Thursday, May 25, 2000, at 10:15 a.m.,

Present: Reps. Geiger, Jellema, Cameron Brown, Byl, Caul, Godchaux, Jansen, Jelinek, Kukuk, LaSata, Mead, Mortimer, Pappageorge, Pumford, Scranton, Stamas, Toy, Price, Cherry, Clarke, Frank, Kelly, Martinez, Pestka, Tesanovich,

Absent: Reps. Prusi, Stallworth,

Excused: Reps. Prusi, Stallworth.

Messages from the Senate

House Bill No. 5274, entitled

A bill to make appropriations for the department of career development and certain other state purposes for the fiscal year ending September 30, 2001; to provide for the expenditure of the appropriations; and to provide for the disposition of fees and other income received by the state agencies.

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 department of career development and the Michigan strategic fund and certain other state purposes for the fiscal year ending September 30, 2001; to provide for the expenditure of the appropriations; and to provide for the disposition of fees and other income received by the state agencies.

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

House Bill No. 5275, entitled

A bill to make appropriations for the department of consumer and industry services and certain other state purposes for the fiscal year ending September 30, 2001; to provide for the expenditure of those appropriations; to provide for the imposition of certain fees; to provide for the disposition of fees and other income received by the state agencies; to provide for reports to certain persons; and to prescribe powers and duties of certain state departments and certain state and local agencies and officers.

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. 5277, entitled

A bill to make appropriations for the family independence agency and certain state purposes related to public welfare services 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 provide for reports; to provide for the disposition of fees and other income received by the state agency; and to provide for the powers and duties of certain individuals, local governments, and state departments, agencies, and officers.

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. 5278, entitled

A bill to make appropriations for the departments of attorney general, civil rights, civil service, management and budget, state, and treasury, the executive office, and the legislative branch for the fiscal year ending September 30, 2001; to provide for the expenditure of these appropriations; to provide for the funding of certain work projects; to provide for the imposition of certain fees; to establish or continue certain funds, programs, and categories; to transfer certain funds; to prescribe certain requirements for bidding on state contracts; to provide for disposition of year-end balances for the fiscal year ending September 30, 2001; to prescribe the powers and duties of certain principal executive departments and state agencies, officials, and employees; and to provide for the disposition of fees and other income received by the various principal executive departments and state agencies.

The 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. 5281, entitled

A bill to make appropriations for the department of natural resources 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. 5284, entitled

A bill to make appropriations for the state transportation department and certain transportation purposes for the fiscal year ending September 30, 2001; to provide for the imposition of fees; to provide for reports; to create certain funds and programs; to prescribe requirements for certain railroad and bus facilities; to prescribe certain powers and duties of certain state departments and officials and local units of government; and to provide for the expenditure of 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.

Notices

I hereby give notice that on the next legislative session day I will move to discharge the Committee on Constitutional Law and Ethics from further consideration of House Bill No. 4184.

Rep. Scott

Introduction of Bills

Reps. Pappageorge, DeVuyst, Tabor, DeRossett, Woodward, Quarles, Price, Bishop, Kowall, Shulman, Jacobs, Brater, Basham, Raczkowski, Cassis, Sanborn, Mans and Patterson introduced

House Bill No. 5843, entitled

A bill to amend 1965 PA 261, entitled "An act to authorize the creation and to prescribe the powers and duties of county and regional parks and recreation commissions; and to prescribe the powers and duties of county boards of supervisors with respect thereto," by amending the title and section 1 (MCL 46.351), section 1 as amended by 1990 PA 84.

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

Rep. Patterson introduced

House Bill No. 5844, entitled

A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding section 21723.

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

Reps. Pappageorge, Kukuk, Jellema, Stamas, Caul, Jelinek, Geiger, Stallworth, Pumford, Mead, Cameron Brown, Pestka, Kelly, Tesanovich, Clarke, Godchaux and Jansen introduced

House Bill No. 5845, entitled

A bill to amend 1965 PA 198, entitled "Motor vehicle accident claims act," by amending the title and sections 3 and 3a (MCL 257.1103 and 257.1103a).

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

Rep. Shulman introduced

House Bill No. 5846, entitled

A bill to amend 1968 PA 2, entitled "Uniform budgeting and accounting act," by amending sections 1, 2a, 2b, 2c, 2d, 4, 7, 8, 14, 15, 16, 17, 18, 19, and 20 (MCL 141.421, 141.422a, 141.422b, 141.422c, 141.422d, 141.424, 141.427, 141.428, 141.434, 141.435, 141.436, 141.437, 141.438, 141.439, and 141.440), sections 1 and 7 as amended by 1982 PA 451, sections 2b and 4 as amended by 1996 PA 439, section 2d as amended by 1999 PA 142, section 8 as amended by 1996 PA 400, section 15 as amended by 1981 PA 77, and sections 16 and 17 as amended by 1995 PA 41.

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

Reps. Garcia, Scranton and Richardville introduced

House Bill No. 5847, entitled

A bill to amend 1987 PA 96, entitled "The mobile home commission act," by amending the title and sections 1, 2, 3, 4, 5, 6, 7, 11, 12, 13, 14, 16, 16a, 17, 18, 21, 22, 23, 24, 25, 27, 28, 28a, 28b, 28c, 29, 30, 30a, 30b, 30c, 30d, 30e, 30f, 30g, 30h, 31, 38, and 43 (MCL 125.2301, 125.2302, 125.2303, 125.2304, 125.2305, 125.2306, 125.2307, 125.2311, 125.2312, 125.2313, 125.2314, 125.2316, 125.2316a, 125.2317, 125.2318, 125.2321, 125.2322, 125.2323, 125.2324, 125.2325, 125.2327, 125.2328, 125.2328a, 125.2328b, 125.2328c, 125.2329, 125.2330, 125.2330a, 125.2330b, 125.2330c, 125.2330d, 125.2330e, 125.2330f, 125.2330g, 125.2330h, 125.2331, 125.2338, and 125.2343), section 28 as amended by 1993 PA 241 and sections 28a, 28b, 28c, and 43 as added and section 38 as amended by 1988 PA 337; and to repeal acts and parts of acts.

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

Rep. Hanley introduced

House Joint Resolution S, entitled

A joint resolution proposing an amendment to the state constitution of 1963, by amending section 26 of article IV, to provide for concurrence of not less than 2/3 of the members of each house to pass legislation on or after election day.

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

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Rep. Jellema moved that the House adjourn.

The motion prevailed, the time being 6:20 p.m.

The Speaker Pro Tempore declared the House adjourned until Tuesday, May 30, at 10:00 a.m.

GARY L. RANDALL

Clerk of the House of Representatives.