hj04110t.029

No. 29

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

90th Legislature

REGULAR SESSION OF 2000

House Chamber, Lansing, Tuesday, April 11, 2000.

10:00 a.m.

The House was called to order by the Speaker Pro Tempore.

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--e/d/s

Pestka--present

Price--excused

Prusi--present

Pumford--present

Quarles--present

Raczkowski--present

Reeves--present

Richardville--present

Richner--present

Rison--present

Rivet--present

Rocca--present

Sanborn--present

Schauer--present

Schermesser--present

Scott--present

Scranton--present

Shackleton--present

Sheltrown--present

Shulman--present

Spade--present

Stallworth--present

Stamas--present

Switalski--present

Tabor--present

Tesanovich--present

Thomas--excused

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

Reverend Charles Hildreth, Pastor of Greater Harvest Missionary Baptist Church in Muskegon Heights, offered the following invocation:

"Heavenly Father, We give thanks for our state government. We hold up in prayer before you these men and women who are in positions of authority. We pray and intercede for the Governor, the representatives and the senators believing that skillful and godly wisdom will enter into their hearts on behalf of all the people regardless of social position or status. Forever grateful for your loving provisions, yet somewhat embodied here today in them. Amen."

______

Rep. Scott moved that Reps. Mans, Price, Thomas and Vaughn be excused from today's session.

The motion prevailed.

Motions and Resolutions

Rep. Raczkowski moved to vacate the enrollment of House Bill No. 5040.

The motion prevailed.

April 11, 2000

Ms. Carol Viventi

Secretary of the Senate

State Capitol

Lansing, MI 48909

Dear Ms. Viventi:

Pursuant to Joint Rule 12, this is to notify the Senate that the following amendment adopted by the House on November 3, 2000 to House Bill No. 5040 was inadvertently omitted from the bill when it was transmitted to the Senate:

1. Amend page 1, line 11, after "TO" by striking out the balance of the subsection and inserting "MICHIGAN STATE UNIVERSITY DEVELOPMENT, DESIGNATED FOR THE FFA VISION2000 ENDOWMENT FUND, FOR THE PURPOSE OF PROVIDING GRANTS FOR AGRI-SCIENCE, NATURAL RESOURCES, AND ENVIRONMENTAL K-12 EDUCATIONAL PROGRAMS.".

The House has vacated the enrollment of House Bill No. 5040 and has agreed to the above omission by a record roll call vote of a majority of the members elected and serving on April 11, 2000.

Very respectfully,

Gary L. Randall

Clerk of the House of Representatives

The question being on agreeing to the omission amendment agreed to by the House,

Rep. Raczkowski demanded the yeas and nays.

The demand was supported.

The question being on agreeing to the omission amendment agreed to by the House,

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

Roll Call No. 248 Yeas--104

Allen Ehardt Kilpatrick Richner

Baird Faunce Koetje Rison

Basham Frank Kowall Rivet

Birkholz Garcia Kuipers Rocca

Bisbee Garza 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 Stallworth

Callahan Hardman Mortimer Stamas

Cassis Hart Neumann Switalski

Caul Howell O'Neil Tabor

Cherry Jacobs Pappageorge Tesanovich

Clark, I. Jamnick Patterson Toy

Clarke, H. Jansen Pestka Van Woerkom

Daniels Jelinek Prusi 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

Messages from the Senate

The Speaker laid before the House

Senate Bill No. 857, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 33, 79, 216, 217b, 233a, 301, 657, 660, 705, and 801 (MCL 257.33, 257.79, 257.216, 257.217b, 257.233a, 257.301, 257.657, 257.660, and 257.705, 257.801), section 33 as amended by 1997 PA 56, section 79 as amended by 1992 PA 134, section 216 as amended by 1996 PA 141, section 233a as amended by 1988 PA 470, section 301 as amended by 1988 PA 346, section 660 as amended by 1994 PA 348, section 705 as amended by 1995 PA 91, and section 801 as amended by 1998 PA 384, and by adding sections 25b and 658b.

(The bill was received from the Senate on March 14, with amendments to the House substitute (H-3), consideration of which, under the rules, was postponed until March 15, see House Journal No. 23, p. 392.)

The question being on concurring in the amendments to the House substitute (H-3) made to the bill by the Senate,

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

Roll Call No. 249 Yeas--104

Allen Ehardt Kilpatrick Richner

Baird Faunce Koetje Rison

Basham Frank Kowall Rivet

Birkholz Garcia Kuipers Rocca

Bisbee Garza 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 Stallworth

Callahan Hardman Mortimer Stamas

Cassis Hart Neumann Switalski

Caul Howell O'Neil Tabor

Cherry Jacobs Pappageorge Tesanovich

Clark, I. Jamnick Patterson Toy

Clarke, H. Jansen Pestka Van Woerkom

Daniels Jelinek Prusi 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

______

Rep. Perricone entered the House Chambers.

Second Reading of Bills

House Bill No. 4778, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 306, 308, 309, 310e, 312, 312b, 320a, 323b, and 811 (MCL 257.306, 257.308, 257.309, 257.310e, 257.312, 257.312b, 257.320a, 257.323b, and 257.811), sections 306, 308, and 811 as amended and section 310e as added by 1996 PA 387, section 309 as amended by 1996 PA 551, section 312b as amended by 1996 PA 345, and section 320a as amended by 1998 PA 350.

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

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

Rep. DeWeese moved to amend the bill as follows:

1. Amend page 18, line 22, after "YEARS" by striking out "9" and inserting "8".

2. Amend page 18, line 24, after "YEARS" by striking out "9" and inserting "8".

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

Rep. DeWeese 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. 4778, 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. 250 Yeas--105

Allen Faunce Kilpatrick Richner

Baird 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 Stallworth

Callahan Hardman Mortimer Stamas

Cassis Hart Neumann Switalski

Caul Howell O'Neil Tabor

Cherry Jacobs Pappageorge Tesanovich

Clark, I. Jamnick Patterson Toy

Clarke, H. Jansen Pestka Van Woerkom

Daniels Jelinek Prusi Vander Roest

DeHart Jellema Pumford Vear

Dennis Johnson, Rick Quarles Voorhees

DeRossett Johnson, Ruth Raczkowski Wojno

DeVuyst Julian Reeves Woodward

DeWeese Kelly Richardville Woronchak

Ehardt

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 1949 PA 300, entitled "Michigan vehicle code," by amending sections 309, 310e, 312, 312b, 323b, and 811 (MCL 257.309, 257.310e, 257.312, 257.312b, 257.323b, and 257.811), section 309 as amended by 1996 PA551, section 310e as amended by 1999 PA 40, section 312b as amended by 1996 PA 345, and section 811 as amended by 1996 PA 387.

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.

Reps. Basham, Birkholz, Brewer, Callahan, DeRossett, DeVuyst, Gosselin, Hager, Howell, Jansen, Julian, Kuipers, Law, Lemmons, Pappageorge, Richardville, Rocca, Sanborn, Tabor and Voorhees were named co-sponsors of the bill.

Second Reading of Bills

Senate Bill No. 876, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 8801 (MCL 600.8801), as amended by 1996 PA 211.

The bill was read a second time.

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

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

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

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

By unanimous consent the House returned to the order of

Third Reading of Bills

Senate Bill No. 876, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 8801 (MCL 600.8801), as amended by 1996 PA 211.

The bill was read a third time.

The question being on the passage of the bill.

Rep. Frank moved that the bill be re-referred to the Committee on Conservation and Outdoor Recreation.

The motion did not prevail.

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. 5316, entitled

A bill to authorize certain governmental units to issue notes or bonds for planning for the acquisition, construction, improvement, or installation of safe drinking water facilities; to provide security for the payment of the principal of and interest on the notes or bonds; and to prescribe the powers and duties of certain governmental units.

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

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

Rep. Jellema 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. 5316, 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. 251 Yeas--103

Allen Faunce Kilpatrick Rison

Baird Frank Koetje Rivet

Basham Garcia Kowall Rocca

Birkholz Garza Kuipers Sanborn

Bisbee Geiger 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

Byl Hanley Middaugh Stallworth

Callahan Hansen Minore Stamas

Cassis Hardman Mortimer Switalski

Caul Hart O'Neil Tabor

Cherry Howell Pappageorge Tesanovich

Clark, I. Jacobs Patterson Toy

Clarke, H. Jamnick Pestka Van Woerkom

Daniels Jansen Prusi Vander Roest

DeHart Jelinek Pumford Vear

Dennis Jellema Quarles Voorhees

DeRossett Johnson, Rick Raczkowski Wojno

DeVuyst Johnson, Ruth Reeves Woodward

DeWeese Julian Richardville Woronchak

Ehardt Kelly Richner

Nays--2

Brown, C. Neumann

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.

The House returned to the consideration of

Senate Bill No. 876, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 8801 (MCL 600.8801), as amended by 1996 PA 211.

(The bill was considered earlier today, see today's journal, p. 606.)

The question being on the passage of the bill,

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

Roll Call No. 252 Yeas--104

Allen Ehardt Kelly Richardville

Baird Faunce Kilpatrick Richner

Basham Frank Koetje Rison

Birkholz Garcia Kowall Rivet

Bisbee Garza Kuipers Rocca

Bishop Geiger Kukuk Sanborn

Bogardus Gieleghem LaForge Schauer

Bovin Gilbert LaSata Schermesser

Bradstreet Godchaux Law Scott

Brater Gosselin Lemmons Scranton

Brewer Green Lockwood Shackleton

Brown, B. Hager Martinez Sheltrown

Brown, C. Hale Mead Shulman

Byl Hanley Middaugh Spade

Callahan Hansen Minore Stamas

Cassis Hardman Mortimer Switalski

Caul Hart Neumann Tabor

Cherry Howell O'Neil Tesanovich

Clark, I. Jacobs Pappageorge Toy

Clarke, H. Jamnick Patterson Van Woerkom

Daniels Jansen Pestka Vander Roest

DeHart Jelinek Prusi Vear

Dennis Jellema Pumford Voorhees

DeRossett Johnson, Rick Quarles Wojno

DeVuyst Johnson, Ruth Raczkowski Woodward

DeWeese Julian Reeves Woronchak

Nays--0

In The Chair: Birkholz

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

"An act to revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of such courts, and of the judges and other officers thereof; the forms and attributes of civil claims and actions; the time within which civil actions and proceedings may be brought in said courts; pleading, evidence, practice and procedure in civil and criminal actions and proceedings in said courts; to provide remedies and penalties for the violation of certain provisions of this act; to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act; and to repeal acts and parts of acts,".

The House agreed to the full title.

Messages from the Governor

The following line item veto message from the Governor was received and read:

Executive Office, Lansing, March 29, 2000

Michigan House of Representatives

State Capitol Building

Lansing, Michigan 48909

Ladies and Gentlemen:

Today I have signed Enrolled House Bill 4305, containing Fiscal Year 2000 supplemental appropriations for the departments of Community Health and Environmental Quality supported with Clean Michigan Initiative (CMI) Fund revenue. However, I am returning it to you because of one item of which I disapprove, pursuant to Article V, section 19, of the Michigan Constitution. The specific veto is contained in the attached copy of the bill, which has been filed with the Secretary of State. My action today:

*Provides $5 million to the Department of Community Health for lead abatement to remediate and physically improve structures to abate or minimize exposure to lead hazards.

*Establishes $30 million for the Waterfront Redevelopment grant program, authorizing the balance of $50 million to reclaim and revitalize waterfront property to maximize its economic and public value.

*Supports $26.7 million for a variety of clean water initiatives including water quality monitoring, illicit storm sewer connection grants, remedial action plan and lakewide management plan implementation grants, conservation reserve enhancement program matching funds, abandoned well management grants, voluntary storm water permit grants, failing on-site septic systems grants and protecting high water quality grants.

*Increases funding for brownfield grants and loans with $13 million to implement response activities at known or suspected facilities with redevelopment potential.

*More than doubles the funding for cleanup of contaminated lake and river sediments with $5.2 million earmarked for six additional locations across the state.

*Initiates various pollution prevention programs with $3 million, including development of an environmental education curriculum, operation of household hazardous waste collection centers, and regional pollution prevention projects that target areas with environmentally sensitive natural resources.

*Provides $500,000 from the Retired Engineers Technical Assistance Fund, capitalized with $10 million from CMI Fund revenue, to help small business owners identify pollution prevention opportunities.

My action includes veto of the Volunteer River, Stream, and Creek Cleanup program and related boilerplate section 402. This item directs $100,000 in CMI nonpoint source pollution control revenue for river debris cleanup, which is not within the statutory uses of this restricted revenue source. Enrolled House Bill 5042 earmarks specialty license plate sales revenue to protect the water quality of the Great Lakes, inland lakes, rivers and streams. The new Water Quality Protection Fund will provide an appropriate source of financing for activities such as the volunteer cleanup program.

I commend the Legislature for its cooperation in authorizing the second year of funding for several Clean Michigan Initiative programs and the startup of many clean water and pollution prevention strategies for Fiscal Year 2000.

Sincerely,

John Engler

Governor

This bill was signed by the Governor March 29, 2000, at 11:00 a.m.

This bill was filed with the Secretary of State March 29, 2000, at 3:21 p.m. and assigned Public Act No. 52, I.E.

The question being on the passage of the disapproved item, the objections of the Governor to the contrary notwithstanding,

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

The motion prevailed.

By unanimous consent the House returned to the order of

Second Reading of Bills

Pending the Second Reading of

Senate Bill No. 828, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," (MCL 257.1 to 257.923) by adding section 811m.

Rep. Raczkowski moved that the bill be re-referred to the Committee on Transportation.

The motion prevailed.

Pending the Second Reading of

House Bill No. 4249, entitled

A bill to amend 1982 PA 249, entitled "An act to establish the state children's trust fund in the department of treasury; and to provide certain powers and duties of the department of treasury with respect to the trust fund," by amending section 1 (MCL 21.171), as amended by 1997 PA 34.

Rep. Raczkowski moved that the bill be re-referred to the Committee on Transportation.

The motion prevailed.

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 4397, entitled

A bill to amend 1971 PA 227, entitled "An act to prescribe the rights and duties of parties to home solicitation sales," by amending sections 2 and 3 (MCL 445.112 and 445.113).

(The bill was considered on Third Reading, motion made to refer the bill to the Committee on Energy and Technology and motion postponed temporarily on March 23, see House Journal No. 28, p. 578.)

The question being on the motion made previously by Rep. Middaugh,

The motion prevailed.

______

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

The motion prevailed.

By unanimous consent the House returned to the order of

Motions and Resolutions

Reps. Shackleton, Kowall, Gilbert, Julian, Allen, Tabor, Faunce, Vear, Kuipers, Sanborn, Richner, Raczkowski, Neumann, Kilpatrick, Birkholz, Scranton, Jansen, Shulman, LaForge, Basham, Bovin, Sheltrown, Jamnick, Prusi, Kelly, Hale, Jelinek, LaSata, Garcia, Bishop, Middaugh, Cassis, Pappageorge, Mortimer, Vander Roest, Voorhees, Kukuk, Mead, Bisbee, Lockwood, DeVuyst, Green, DeWeese, Van Woerkom, Toy, Koetje, Hager, DeRossett, Godchaux and Lemmons offered the following resolution:

House Resolution No. 311.

A resolution to memorialize the Congress of the United States to take all necessary actions in order to begin the construction of a new Poe-sized lock at Sault Ste. Marie.

Whereas, The Soo Locks are a vital component of transportation and commerce in North America. The ability to handle the large ships that traverse our network of inland seas is essential not only to the eight Great Lakes states, but to our national economy as well; and

Whereas, In 1986, Congress and the President authorized the construction of a new Poe-sized lock at Sault Ste. Marie to facilitate navigation for the region far into the future. This major undertaking requires the financial commitment of the federal government and the Great Lakes states over several decades; and

Whereas, Several steps have been taken to assure that a fair and equitable share of the project's costs will be carried by the Great Lakes states; and

Whereas, The state of Michigan stands ready to participate financially in the construction of the lock; and

Whereas, It is the belief of the Michigan House of Representatives that this is the time to begin the effort to prepare to meet the navigational needs of the next century; now, therefore, be it

Resolved by the House of Representatives, That we memorialize the Congress of the United States to take all necessary actions in order to begin the construction of a new Poe-sized lock at Sault Ste. Marie; and be it further

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

The resolution was referred to the Committee on Transportation.

Reps. Rick Johnson, Hansen, Spade, DeHart, Rocca, Faunce, Neumann, Rivet, Kilpatrick, Richardville, Frank, Birkholz, Scranton, Kuipers, Jansen, Shulman, LaForge, Basham, Brater, Minore, Gieleghem, Sheltrown, Jamnick, Schermesser, Prusi, Kelly, Hale, Martinez, Scott, Jelinek, LaSata, Garcia, Bishop, Middaugh, Baird, Schauer, Cassis, Pappageorge, Jellema, Mortimer, Vander Roest, Bogardus, Voorhees, Kukuk, Shackleton, Mead, DeVuyst, Caul, Green, Jacobs, Quarles, DeWeese, Van Woerkom, Gosselin, Kowall, Julian, Toy, Koetje, Hager, DeRossett, Raczkowski, Godchaux, Switalski and Lemmons offered the following resolution:

House Resolution No. 312.

A resolution designating May 11, 2000, as Osteoporosis Awareness Day in Michigan.

Whereas, Osteoporosis, or porous bone, is a disease characterized by low bone mass and structural deterioration of bone tissue, leading to bone fragility and an increased susceptibility to fractures of the hip, spine and wrist; and

Whereas, Osteoporosis is a major public health threat for more than 28 million Americans, 80 percent of whom are women. In the United States, 8 million women and 2 million men have osteoporosis, with millions more experiencing low bone density; and

Whereas, Osteoporosis is responsible for 1.5 million fractures annually. The national cost of treating those fractures is approximately $13.8 billion, roughly $38 million each day; and

Whereas, Lifestyle modifications, such as increased dietary or supplemental calcium and reduced alcohol and tobacco use, can drastically reduce a person's risk of obtaining osteoporosis. These changes, along with support for awareness programs educating individuals on the symptoms, such as back pain and loss of height, and prevention techniques such as bone density testing and regular weight-bearing exercise, Michiganders and all Americans can greatly reduce their susceptibility to this debilitating condition; now, therefore, be it

Resolved by the House of Representatives, That we commemorate May 11, 2000 as Osteoporosis Awareness Day in Michigan as evidence of our support for preventing and treating this affliction; and be it further

Resolved, That a copy of the resolution be transmitted to the National Osteoporosis Foundation in Washington, D.C., as an expression of our awareness and commitment to helping fight this dreadful disease.

Pending the reference of the resolution to a committee,

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

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

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. Jamnick, Hansen, Spade, DeHart, Rocca, Faunce, Neumann, Rivet, Kilpatrick, Richardville, Frank, Hanley, Birkholz, Scranton, LaForge, Basham, Brater, Dennis, Woodward, Minore, Gieleghem, Bovin, Sheltrown, Pestka, Schermesser, Prusi, Kelly, Hale, Scott, Jelinek, LaSata, Garcia, Bishop, Middaugh, Baird, Schauer, Howell, Cassis, Pappageorge, Jellema, Mortimer, Vander Roest, Bogardus, Voorhees, Kukuk, Shackleton, Mead, Lockwood, DeVuyst, Caul, Green, Jacobs, Quarles, DeWeese, Van Woerkom, Kowall, Julian, Hager, DeRossett, Raczkowski, Switalski and Lemmons offered the following resolution:

House Resolution No. 313.

A resolution honoring the American Legion, Department of Michigan.

Whereas, The American Legion, Department of Michigan was formed as a chapter of the American Legion of World War I veterans which was developed at the Paris, France, Caucus on February 16, 1919; and

Whereas, On August 1, 1920, the Michigan Department of the American Legion received its permanent charter from the national organization. The first meeting of the Michigan chapter was held in St. Louis, Missouri, on Saturday, May 10, 1919, at which time the Department of Michigan was divided according to Congressional Districts; and

Whereas, The Michigan Department of the American Legion was incorporated under a State Charter and headquartered in Detroit. In 1974, the physical headquarters was moved to Lansing, Michigan, with a Veterans Affairs and Rehabilitation Office maintained in Detroit; and

Whereas, The Michigan Department of the American Legion continues to be faithful to its origins and to the veterans and families it represents; and

Whereas, This first year in the new millennium the Michigan Department of the American Legion will be celebrating its 80th anniversary; now, therefore, be it

Resolved by the House of Representatives, That the highest praise and admiration be accorded to the members of the Michigan Department of the American Legion; and be it further

Resolved, That the House of Representatives offer congratulations to the organization on its 80th anniversary; and be it further

Resolved, That a copy of this resolution be presented to the Department Commander of the Michigan Department of the American Legion as evidence of our highest esteem and appreciation of their efforts.

Pending the reference of the resolution to a committee,

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

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

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. DeWeese, Richner, Hart, Rison, Hardman, Clark, Quarles, Neumann, Kilpatrick, LaForge, Brater, Prusi, Hale, Martinez, Scott, Jelinek, Baird, Schauer, Cassis, Bogardus, Voorhees, DeVuyst, Jacobs, Van Woerkom, Kowall, Julian, Hager, Raczkowski, Switalski and Lemmons offered the following resolution:

House Resolution No. 314.

A resolution supporting the removal of the Confederate Flag from above the South Carolina Statehouse dome.

Whereas, The Michigan House of Representatives wishes to express its support for the removal of the Confederate Flag from atop the South Carolina Statehouse dome; and

Whereas, The South Carolina Legislature originally raised the Confederate Flag over its Statehouse in 1962 to honor the Civil War's centennial. We acknowledge that the Confederate States of America's battle flag is a symbol of the blood sacrifice made by many South Carolinians; and

Whereas, The Confederate Flag has been misused by racist organizations who have led many people to associate the flag with hatred and intolerance of minorities. For many in the African American community and many throughout our entire society, the Confederate Flag represents slavery, racism, lynching, and violence against Blacks. The raising of this flag, at the height of the Civil Rights movement, was an insult to the African American community; and

Whereas, The Michigan House of Representatives believes that the removal of this flag from atop the South Carolina Statehouse will symbolize the end of an oppressive era for African Americans in this country; now, therefore, be it

Resolved by the House of Representatives, That we encourage the expedient and peaceful removal of the Confederate Flag from the South Carolina Statehouse dome; and be it further

Resolved, That a copy of this resolution be transmitted to the Governor of South Carolina and the South Carolina Legislature to notify them of our support for the removal of the flag and affirmation of the dignity and equality of African Americans.

The resolution was referred to the Committee on Constitutional Law and Ethics.

Reps. Brater, Hansen, Spade, DeHart, Rocca, Faunce, Neumann, Rivet, Kilpatrick, Richardville, Frank, Hanley, Birkholz, Scranton, Shulman, LaForge, Basham, Dennis, Woodward, Minore, Gieleghem, Bovin, Sheltrown, Jamnick, Schermesser, Prusi, Kelly, Hale, Martinez, Scott, Jelinek, Garcia, Middaugh, Baird, Schauer, Cassis, Jellema, Mortimer, Vander Roest, Bogardus, Voorhees, Shackleton, Mead, DeVuyst, Caul, Green, Jacobs, Quarles, DeWeese, Van Woerkom, Kowall, Julian, Hager, DeRossett, Raczkowski, Switalski and Lemmons offered the following resolution:

House Resolution No. 315.

A resolution recognizing May 14 through May 20, 2000, as Senior Housing Awareness Week.

Whereas, May is Older Adults Month; and

Whereas, It is essential that older adults be able to find suitable and appropriate housing for their special needs. As the aging population grows, the need for housing for older residents will grow; and

Whereas, Since 1983, the Housing Bureau for Seniors has assisted aging adults in Washtenaw County with their housing needs. Their unique focus helps the older members of the community make housing choices that are both affordable and appropriate to their particular situations; and

Whereas, The Housing Bureau for Seniors has a home counseling program that assists in evaluating housing options, making appropriate selections, and managing transitions to new living environments; and

Whereas, The Housing Bureau for Seniors has a program to help senior homeowners manage and pay their property taxes to avoid losing their homes; and

Whereas, The Housing Bureau for Seniors helps senior adults remain in their homes by arranging shared living with others in need; and

Whereas, The Housing Bureau for Seniors coordinates community resources to identify and resolve tenant problems before an eviction crisis; now, therefore, be it

Resolved by the House of Representatives, That May 14 through May 20, 2000, be designated as Senior Housing Awareness Week in the State of Michigan in order to increase awareness of many affordable and appropriate housing choices suitable for its older residents; and be it further

Resolved, That the Housing Bureau for Seniors be commended for promoting this effort and that a copy of this resolution be transmitted to the Housing Bureau for Seniors.

Pending the reference of the resolution to a committee,

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

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

The question being on the adoption of the resolution,

The resolution was adopted.

Reports of Select Committees

Senate Bill No. 404, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 20902, 20904, 20906, 20908, 20910, 20912, 20915, 20916, 20918, 20919, 20920, 20921, 20923, 20929, 20934, 20950, 20954, 20956, 20958, 20965, 20975, and 20977 (MCL 333.20902, 333.20904, 333.20906, 333.20908, 333.20910, 333.20912, 333.20915, 333.20916, 333.20918, 333.20919, 333.20920, 333.20921, 333.20923, 333.20929, 333.20934, 333.20950, 333.20954, 333.20956, 333.20958, 333.20965, 333.20975, and 333.20977), sections 20902, 20904, 20906, 20908, 20910, 20912, 20915, 20916, 20918, 20923, 20929, 20934, 20950, 20954, 20956, 20958, 20975, and 20977 as added by 1990 PA 179, section 20919 as amended by 1996 PA 192, and sections 20920, 20921, and 20965 as amended by 1997 PA 78.

The Senate has adopted the report of the Committee of Conference.

The Conference Report was read as follows:

First Conference Report

The Committee of Conference on the matters of difference between the two Houses concerning

Senate Bill No. 404, entitled

Recommends:

First: That the House agree to the Senate amendment numbered 1 to the House substitute that reads as follows:

1. Amend page 46, line 11, by striking out all of section 20965 and inserting:

"Sec. 20965. (1) Unless an act or omission is the result of gross negligence or willful misconduct, the acts or omissions of a medical first responder, emergency medical technician, emergency medical technician specialist, paramedic, or medical director of a medical control authority or his or her designee, OR AN INDIVIDUAL ACTING AS A CLINICAL PRECEPTOR OF A DEPARTMENT-APPROVED EDUCATION PROGRAM SPONSOR while providing services to a patient outside a hospital, or in a hospital before transferring patient care to hospital personnel, OR IN A CLINICAL SETTING that are consistent with the individual's licensure or additional training required by the ~~local~~ medical control authority INCLUDING, BUT NOT LIMITED TO, SERVICES DESCRIBED IN SUBSECTION (2), OR CONSISTENT WITH AN APPROVED PROCEDURE FOR THAT PARTICULAR EDUCATION PROGRAM do not impose liability in the treatment of a patient on those individuals or any of the following persons:

(a) The authorizing physician or physician's designee.

(b) The medical director and individuals serving on the GOVERNING BOARD, advisory body, OR COMMITTEE of the medical control authority AND AN EMPLOYEE OF THE MEDICAL CONTROL AUTHORITY.

(c) The person providing communications services or lawfully operating or utilizing supportive electronic communications devices.

(d) The life support agency or an officer, member of the staff, or other employee of the life support agency.

(e) The hospital or an officer, member of the staff, nurse, or other employee of the hospital.

(f) The authoritative governmental unit or units.

(g) Emergency personnel from outside the state.

(H) THE EDUCATION PROGRAM MEDICAL DIRECTOR.

(I) THE EDUCATION PROGRAM INSTRUCTOR-COORDINATOR.

(J) THE EDUCATION PROGRAM SPONSOR AND EDUCATION PROGRAM SPONSOR ADVISORY COMMITTEE.

(K) THE STUDENT OF A DEPARTMENT-APPROVED EDUCATION PROGRAM WHO IS PARTICIPATING IN AN EDUCATION PROGRAM-APPROVED CLINICAL SETTING.

(l) AN INSTRUCTOR OR OTHER STAFF EMPLOYED BY OR UNDER CONTRACT TO A DEPARTMENT-APPROVED EDUCATION PROGRAM FOR THE PURPOSE OF PROVIDING TRAINING OR INSTRUCTION FOR THE DEPARTMENT-APPROVED EDUCATION PROGRAM.

(M) THE LIFE SUPPORT AGENCY OR AN OFFICER, MEMBER OF THE STAFF, OR OTHER EMPLOYEE OF THE LIFE SUPPORT AGENCY PROVIDING THE CLINICAL SETTING DESCRIBED IN SUBDIVISION (K).

(N) THE HOSPITAL OR AN OFFICER, MEMBER OF THE MEDICAL STAFF, OR OTHER EMPLOYEE OF THE HOSPITAL PROVIDING THE CLINICAL SETTING DESCRIBED IN SUBDIVISION (K).

(2) SUBSECTION (1) APPLIES TO SERVICES CONSISTING OF THE USE OF AN AUTOMATED EXTERNAL DEFIBRILLATOR ON AN INDIVIDUAL WHO IS IN OR IS EXHIBITING SYMPTOMS OF CARDIAC DISTRESS.

(3) UNLESS AN ACT OR OMISSION IS THE RESULT OF GROSS NEGLIGENCE OR WILLFUL MISCONDUCT, THE ACTS OR OMISSIONS OF ANY OF THE PERSONS NAMED BELOW, WHILE PARTICIPATING IN THE DEVELOPMENT OF PROTOCOLS UNDER THIS PART, IMPLEMENTATION OF PROTOCOLS UNDER THIS PART, OR HOLDING A PARTICIPANT IN THE EMERGENCY MEDICAL SERVICES SYSTEM ACCOUNTABLE FOR DEPARTMENT-APPROVED PROTOCOLS UNDER THIS PART, DOES NOT IMPOSE LIABILITY IN THE PERFORMANCE OF THOSE FUNCTIONS:

(A) THE MEDICAL DIRECTOR AND INDIVIDUALS SERVING ON THE GOVERNING BOARD, ADVISORY BODY, OR COMMITTEES OF THE MEDICAL CONTROL AUTHORITY OR EMPLOYEES OF THE MEDICAL CONTROL AUTHORITY.

(B) A PARTICIPATING HOSPITAL OR FREESTANDING SURGICAL OUTPATIENT FACILITY IN THE MEDICAL CONTROL AUTHORITY OR AN OFFICER, MEMBER OF THE MEDICAL STAFF, OR OTHER EMPLOYEE OF THE HOSPITAL OR FREESTANDING SURGICAL OUTPATIENT FACILITY.

(C) A PARTICIPATING AGENCY IN THE MEDICAL CONTROL AUTHORITY OR AN OFFICER, MEMBER OF THE MEDICAL STAFF, OR OTHER EMPLOYEE OF THE PARTICIPATING AGENCY.

(D) A NONPROFIT CORPORATION THAT PERFORMS THE FUNCTIONS OF A MEDICAL CONTROL AUTHORITY.

(4) ~~(2) Subsection (1) does~~ SUBSECTIONS (1) AND (3) DO not limit immunity from liability otherwise provided by law for any of the persons listed in ~~subsection~~ SUBSECTIONS (1) AND (3).".

Second: That the Senate and House agree to the title of the bill to read as follows:

A bill to amend 1978 PA 368, entitled "An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates," by amending sections 20902, 20904, 20906, 20908, 20910, 20912, 20915, 20916, 20918, 20919, 20920, 20921, 20923, 20929, 20934, 20950, 20954, 20956, 20958, 20965, 20975, and 20977 (MCL 333.20902, 333.20904, 333.20906, 333.20908, 333.20910, 333.20912, 333.20915, 333.20916, 333.20918, 333.20919, 333.20920, 333.20921, 333.20923, 333.20929, 333.20934, 333.20950, 333.20954, 333.20956, 333.20958, 333.20965, 333.20975, and 333.20977), sections 20902, 20904, 20906, 20908, 20910, 20912, 20915, 20916, 20918, 20923, 20929, 20934, 20950, 20954, 20956, 20958, 20975, and 20977 as added by 1990 PA 179, section 20919 as amended by 1996 PA 192, sections 20920 and 20921 as amended by 1997 PA 78, and section 20965 as amended by 1999 PA 199.

Dale Shugars

John J.H. Schwarz

Conferees for the Senate

Gerald Law

Paul DeWeese

Conferees for the House

The Speaker announced that under Joint Rule 9 the conference report would lie over one day.

Announcement by the Clerk of Printing and Enrollment

The Clerk announced that the following Senate bills had been printed and placed upon the files of the members, Wednesday, March 22:

Senate Bill Nos. 1171 1172

The Clerk announced that the following bills had been printed and placed upon the files of the members, Thursday, March 23:

Senate Bill Nos. 1173 1174

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

House Bill Nos. 5539 5540 5541 5542 5543 5544

Senate Bill Nos. 1175 1176 1177 1178 1179

The Clerk announced that the following Senate bills had been received on Tuesday, March 28:

Senate Bill Nos. 1081 1082 1083 1084 1085 1088 1089 1090 1092 1095 1096 1097 1098 1099 1100 1101 1102 1103 1104 1105 1106 1120 1121 1124 1125 1126 1127 1128 1129 1131 1135 1136 1137 1138 1140 1141 1142 1143 1145 1146 1158 1159 1160

The Clerk announced the enrollment printing and presentation to the Governor on Wednesday, March 29, for his approval of the following bills:

Enrolled House Bill No. 4523 at 10:30 a.m.

Enrolled House Bill No. 5041 at 10:32 a.m.

Enrolled House Bill No. 5042 at 10:34 a.m.

Enrolled House Bill No. 5485 at 10:36 a.m.

Enrolled House Bill No. 5486 at 10:38 a.m.

Enrolled House Bill No. 5487 at 10:40 a.m.

Enrolled House Bill No. 5488 at 10:42 a.m.

Enrolled House Bill No. 5489 at 10:44 a.m.

Enrolled House Bill No. 5490 at 10:46 a.m.

Enrolled House Bill No. 5491 at 10:48 a.m.

Enrolled House Bill No. 5492 at 10:50 a.m.

Enrolled House Bill No. 5493 at 10:52 a.m.

Enrolled House Bill No. 5494 at 10:54 a.m.

Enrolled House Bill No. 5495 at 10:56 a.m.

Enrolled House Bill No. 5496 at 10:58 a.m.

Enrolled House Bill No. 5497 at 11:00 a.m.

Enrolled House Bill No. 5498 at 11:02 a.m.

The Clerk announced that the following bills had been printed and placed upon the files of the members, Wednesday, March 29:

Senate Bill Nos. 1180 1181 1186 1187

The Clerk announced the enrollment printing and presentation to the Governor on Thursday, March 30, for his approval of the following bill:

Enrolled House Bill No. 4995 at 4:20 p.m.

The Clerk announced that the following bills had been printed and placed upon the files of the members, Thursday, March 30:

Senate Bill Nos. 1182 1183 1184 1185

The Clerk announced that the following bills had been printed and placed upon the files of the members, Friday, March 31:

Senate Bill Nos. 1188 1189 1190 1191 1193

The Clerk announced that the following Senate bill had been received on Tuesday, April 4:

Senate Bill No. 1172

The Clerk announced that the following bills had been printed and placed upon the files of the members, Wednesday, April 5:

Senate Bill Nos. 1192 1194 1195 1196 1197 1198 1199

The Clerk announced that the following Senate bills had been received on Wednesday, April 5:

Senate Bill Nos. 1008 1009

The Clerk announced that the following Senate bills had been received on Thursday, April 6:

Senate Bill Nos. 269 612 613 983 1043 1078 1164 1186

By unanimous consent the House returned to the order of

Reports of Standing Committees

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

Senate Bill No. 705, entitled

A bill to regulate the ownership, possession, and care of certain wolf-dog crosses; to prohibit the ownership and possession of certain wolf-dog crosses; to impose fees; to prescribe the powers and duties of certain governmental entities and officials; and to prescribe penalties and provide remedies.

With the recommendation that the substitute (H2) 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 705 To Report Out:

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

Nays: None.

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

Senate Bill No. 782, entitled

A bill to regulate the ownership, possession, and care of certain large carnivores; to prohibit the ownership and possession of certain large carnivores; to impose fees; to prescribe the powers and duties of certain governmental entities and officials; and to prescribe penalties and provide remedies.

With the recommendation that the substitute (H2) 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 782 To Report Out:

Yeas: Reps. Law, DeWeese, DeRossett, Ehardt, Gosselin, Green, Ruth Johnson, Raczkowski, Rocca, Vear, Schauer, Baird, 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, March 23, 2000, at 10:00 a.m.,

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

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Green, Chair of the Committee on Agriculture and Resource Management, was received and read:

Meeting held on: Tuesday, April 11, 2000, at 8:30 a.m.,

Present: Reps. Green, Julian, Bradstreet, DeRossett, DeVuyst, Ehardt, Howell, Rick Johnson, Koetje, Vear, Brater, Bogardus, Hansen, Rivet, Sheltrown, Spade,

Absent: Rep. LaForge,

Excused: Rep. LaForge.

Messages from the Senate

House Bill No. 4776, entitled

A bill to create a veterans speakers program within the department of military and veterans affairs; and to prescribe duties for certain state officials.

The Senate has passed the bill and ordered that it be given immediate effect.

The bill was referred to the Clerk for enrollment printing and presentation to the Governor on April 6, 2000.

House Bill No. 4995, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 252d and 674 (MCL 257.252d and 257.674), as amended by 1998 PA 68.

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

The House agreed to the full title.

The bill was referred to the Clerk for enrollment printing and presentation to the Governor on March 29, 2000.

House Bill No. 4400, entitled

A bill to amend 1996 PA 381, entitled "Brownfield redevelopment financing act," by amending sections 2, 3, 4, 5, 8, 13, 15, 16, and 19 (MCL 125.2652, 125.2653, 125.2654, 125.2655, 125.2658, 125.2663, 125.2665, 125.2666, and 125.2669).

The Senate has substituted (S-3) the bill.

The Senate has passed the bill as substituted (S-3), ordered that it be given immediate effect and amended the title to read as follows:

A bill to amend 1996 PA 381, entitled "An act to authorize municipalities to create a brownfield redevelopment authority to facilitate the implementation of brownfield plans relating to the designation and treatment of brownfield redevelopment zones; to promote the revitalization of environmentally distressed areas; to prescribe the powers and duties of brownfield redevelopment authorities; to permit the issuance of bonds and other evidences of indebtedness by an authority; to authorize the acquisition and disposal of certain property; to authorize certain funds; to prescribe certain powers and duties of certain state officers and agencies; and to authorize and permit the use of certain tax increment financing," by amending sections 2, 3, 4, 5, 7, 8, 13, 15, 16, and 19 (MCL 125.2652, 125.2653, 125.2654, 125.2655, 125.2657, 125.2658, 125.2663, 125.2665, 125.2666, and 125.2669).

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

House Bill No. 4927, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 8379 (MCL 600.8379), as amended by 1990 PA 54.

The Senate has substituted (S-3) the bill.

The Senate has passed the bill as substituted (S-3), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

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

House Bill No. 4928, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 909 (MCL 257.909).

The Senate has substituted (S-3) the bill.

The Senate has passed the bill as substituted (S-3), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

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

House Bill No. 4929, entitled

A bill to amend 1956 PA 62, entitled "An act to authorize the director of the department of state police to promulgate a uniform traffic code; to authorize a city, township, or village to adopt the uniform traffic code by reference without publication in full; and to prescribe criminal penalties and civil sanctions for violation of the code," (MCL 257.951 to 257.954) by adding section 5.

The Senate has substituted (S-3) the bill.

The Senate has passed the bill as substituted (S-3) 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. 4930, entitled

A bill to amend 1933 PA 254, entitled "The motor carrier act," by amending section 18 of article V (MCL 479.18), as amended by 1988 PA 355.

The Senate has substituted (S-5) the bill.

The Senate has passed the bill as substituted (S-5), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

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

House Bill No. 4931, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 605 and 716 (MCL 257.605 and 257.716), section 605 as amended by 1999 PA 73 and section 716 as amended by 1998 PA 427.

The Senate has substituted (S-4) the bill.

The Senate has passed the bill as substituted (S-4), ordered that it be given immediate effect and amended the title to read as follows:

A bill to amend 1949 PA 300, entitled "An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of owners and operators of vehicles and service of process on residents and nonresidents; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date," by amending sections 605 and 683 (MCL 257.605 and 257.683), section 605 as amended by 1999 PA267.

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

House Bill No. 4932, entitled

A bill to amend 1963 PA 181, entitled "Motor carrier safety act of 1963," by amending sections 7, 7b, 7c, and 11 (MCL 480.17, 480.17b, 480.17c, and 480.21), sections 7 and 11 as amended and section 7c as added by 1995 PA 265 and section 7b as amended by 1990 PA 339.

The Senate has substituted (S-3) the bill.

The Senate has passed the bill as substituted (S-3), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.

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

House Bill No. 5196, entitled

A bill to codify the licensure and regulation of certain persons engaged in processing, manufacturing, production, packing, preparing, repacking, canning, preserving, freezing, fabricating, storing, selling, serving, or offering for sale food or drink for human consumption; to prescribe powers and duties of the department of agriculture; to provide for delegation of certain powers and duties to certain local units of government; to provide exemptions; to regulate the labeling, manufacture, distribution, and sale of food for protection of the consuming public and to prevent fraud and deception by prohibiting the misbranding, adulteration, manufacture, distribution, and sale of foods in violation of this act; to provide standards for food products and food establishments; to provide for enforcement of the act; to provide penalties and remedies for violation of the act; to provide for fees; to provide for promulgation of rules; and to repeal acts and parts of acts.

The Senate has amended the bill as follows:

1. Amend page 8, line 23, after "1907," by striking out "Chapter" and inserting "chapter".

2. Amend page 9, line 25, by striking out all of subdivision (k) and relettering the remaining subdivisions.

3. Amend page 10, line 25, after "food" by striking out the balance of the line through "consumers" on line 26 and inserting "for wholesaling".

4. Amend page 11, following line 21, by inserting:

"(f) "Limited wholesale food processor" means a wholesale food processor that has $25,000.00 or less in annual gross wholesale sales made or business done in wholesale sales in the preceding licensing year, or $25,000.00 or less of the food is reasonably anticipated to be sold for the current licensing year. Only the food sales from the wholesale food processor operation are used in computing the annual gross sales under this subdivision." and relettering the remaining subdivisions.

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

"(n) "Wholesale" means selling to retailers or jobbers rather than directly to consumers.

(o) "Wholesale food processor" means an operation that processes, manufactures, packages, or labels food for wholesaling." and relettering the remaining subdivision.

6. Amend page 38, line 6, after "section" by striking out "3139" and inserting "3137".

7. Amend page 42, line 25, after "(c)" by striking out "Food" and inserting "Wholesale food".

8. Amend page 42, following line 25, by inserting:

"(d) Limited wholesale food processor: $67.00." and relettering the remaining subdivisions.

9. Amend page 53, line 24, after "MCL 333.12909," by inserting "and rules promulgated under section 12909(3),".

10. Amend page 69, line 18, after "of" by striking out "9 C.F.R. part 319" and inserting "part 319 of title 9 of the Code of Federal Regulations".

11. Amend page 81, line 5, after "of" by striking out the balance of the line through "381" on line 6 and inserting "part 381 of title 9 of the Code of Federal Regulations".

The Senate has passed the bill as amended 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. 5233, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," (MCL 380.1 to 380.1852) by adding section 1306.

The Senate has amended the bill as follows:

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

"(6) ANY EVIDENCE OBTAINED AS A RESULT OF A SEARCH OF A PUPIL'S LOCKER OR LOCKER'S CONTENTS SHALL NOT BE INADMISSIBLE IN ANY COURT OR ADMINISTRATIVE PROCEEDINGS BECAUSE THE SEARCH VIOLATED THIS SECTION, VIOLATED THE POLICY UNDER SUBSECTION (2), OR BECAUSE NO POLICY WAS ADOPTED.".

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

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

House Bill No. 5443, entitled

A bill to amend 1995 PA 24, entitled "Michigan economic growth authority act," by amending the title and sections 3, 6, 7, and 8 (MCL 207.803, 207.806, 207.807, and 207.808) and by adding section 7a.

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

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

A bill to amend 1995 PA 24, entitled "An act to promote economic growth and job creation within this state; to create and regulate the Michigan economic growth authority; to prescribe the powers and duties of the authority and of state and local officials; to assess and collect a fee; and to provide qualifications for incentives for authorized businesses," by amending the title and sections 3, 6, 8, and 9 (MCL 207.803, 207.806, 207.808, and 207.809).

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

House Bill No. 5444, entitled

A bill to provide for the establishment of obsolete property rehabilitation districts in certain local governmental units; to provide for the exemption from certain taxes; to levy and collect a specific tax upon the owners of certain facilities; to provide for the disposition of the tax; to provide for the obtaining and transferring of an exemption certificate and to prescribe the contents of those certificates; to prescribe the powers and duties of certain local government officials; and to provide penalties.

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

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

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

Senate Bill No. 269, entitled

A bill to amend 1975 PA 228, entitled "Single business tax act," (MCL 208.1 to 208.145) by adding section 38g.