hj12050t.068

No. 68

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

90th Legislature

REGULAR SESSION OF 2000

House Chamber, Lansing, Tuesday, December 5, 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--e/d/s

Daniels--e/d/s

DeHart--present

Dennis--excused

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--e/d/s

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--e/d/s

Koetje--present

Kowall--present

Kuipers--present

LaForge--present

LaSata--present

Law--present

Lemmons--e/d/s

Lockwood--e/d/s

Mans--e/d/s

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--present

Prusi--present

Pumford--present

Quarles--present

Raczkowski--present

Reeves--present

Richardville--present

Richner--present

Rison--e/d/s

Rivet--present

Rocca--present

Sanborn--present

Schauer--e/d/s

Schermesser--e/d/s

Scott--present

Scranton--e/d/s

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--present

Vear--present

Voorhees--present

Wojno--present

Woodward--present

Woronchak--present

e/d/s = entered during session

Rep. Pam Godchaux, from the 40th District, offered the following invocation:

"Let us guide each other and support each other as we work our way through the last days of this session. Let us remember those people that we are here representing--both those that we know, we can hear their voices, and those that we cannot. Let us be wise in our decisions and let us not rush--because time is important but better decisions take time. Let it be."

______

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

The motion prevailed.

Second Reading of Bills

House Bill No. 6139, entitled

A bill to name a certain portion of highway I-69 the "Pearl Harbor Memorial Highway"; and to prescribe certain duties of the state transportation department.

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

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

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

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

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

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

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 6139, entitled

A bill to name a certain portion of highway I-69 the "Pearl Harbor Memorial Highway"; and to prescribe certain duties of the state transportation department.

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

Roll Call No. 1023 Yeas--94

Allen Faunce Kelly Richardville

Baird Frank Koetje Richner

Basham Garcia Kowall Rivet

Birkholz Garza Kuipers Rocca

Bisbee Geiger LaForge Sanborn

Bishop Gieleghem LaSata Scott

Bogardus Gilbert Law Shackleton

Bovin Godchaux Martinez Sheltrown

Bradstreet Gosselin Mead Shulman

Brater Green Middaugh Spade

Brewer Hager Minore Stamas

Brown, B. Hale Mortimer Switalski

Brown, C. Hanley Neumann Tabor

Byl Hansen O'Neil Tesanovich

Callahan Hart Pappageorge Thomas

Cassis Howell Patterson Toy

Caul Jacobs Pestka Van Woerkom

Cherry Jamnick Price Vander Roest

Clark, I. Jansen Prusi Vear

DeHart Jelinek Pumford Voorhees

DeRossett Jellema Quarles Wojno

DeVuyst Johnson, Rick Raczkowski Woodward

DeWeese Johnson, Ruth Reeves Woronchak

Ehardt Julian

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. Allen, Baird, Birkholz, Bovin, Bob Brown, Cameron Brown, Byl, Callahan, Cassis, Caul, DeHart, DeVuyst, DeWeese, Frank, Garcia, Gieleghem, Gilbert, Hager, Howell, Jamnick, Jansen, Jelinek, Jellema, Rick Johnson, Ruth Johnson, Kelly, Kowall, Kuipers, Law, Mead, Minore, Neumann, Pappageorge, Patterson, Pestka, Prusi, Pumford, Raczkowski, Richner, Rocca, Scott, Shackleton, Sheltrown, Shulman, Stamas, Tesanovich, Thomas, Toy, Van Woerkom, Vander Roest, Voorhees, Wojno, Woodward and Woronchak were named co-sponsors of the bill.

______

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

Reps. Daniels, Kilpatrick and Schauer entered the House Chambers.

Second Reading of Bills

House Bill No. 5585, entitled

A bill to amend 1984 PA 44, entitled "Motor fuels quality act," by amending section 4a (MCL 290.644a), as added by 1986 PA 127.

The bill was read a second time.

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

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

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

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

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 5585, entitled

A bill to amend 1984 PA 44, entitled "Motor fuels quality act," by amending section 4a (MCL 290.644a), as added by 1986 PA 127.

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

Roll Call No. 1024 Yeas--95

Allen Faunce Kelly Richner

Baird Frank Kilpatrick Rivet

Basham Garcia Koetje Rocca

Birkholz Garza Kowall Sanborn

Bisbee Geiger Kuipers Schauer

Bishop Gieleghem LaForge Scott

Bovin Gilbert LaSata Shackleton

Bradstreet Godchaux Law Sheltrown

Brater Gosselin Mead Shulman

Brewer Green Middaugh Spade

Brown, B. Hager Minore Stamas

Brown, C. Hale Mortimer Switalski

Byl Hanley Neumann Tabor

Callahan Hansen O'Neil Tesanovich

Cassis Hart Pappageorge Thomas

Caul Howell Patterson Toy

Cherry Jacobs Pestka Van Woerkom

Clark, I. Jamnick Price Vander Roest

Daniels Jansen Prusi Vear

DeHart Jelinek Pumford Voorhees

DeRossett Jellema Quarles Wojno

DeVuyst Johnson, Rick Raczkowski Woodward

DeWeese Johnson, Ruth Reeves Woronchak

Ehardt Julian Richardville

Nays--1

Bogardus

In The Chair: Patterson

The House agreed to the title of the bill.

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

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

______

Rep. Scranton entered the House Chambers.

Second Reading of Bills

House Bill No. 5586, entitled

A bill to amend 1974 PA 181, entitled "An act to provide for the testing, condemnation and disposal of livestock and livestock products; to provide for the testing of certain livestock; to provide for the quarantine of certain livestock; to prescribe the conditions of condemnation; to provide for the indemnification of owners of quarantined or disposed livestock or livestock products; to provide for recovery of the costs of testing, condemnation, disposal, and indemnification; and to prescribe the powers and duties of the department of agriculture," by amending sections 3b and 7 (MCL 287.73b and 287.77); and to repeal acts and parts of acts.

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

The substitute (H-1) was 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. 5586, 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. 1025 Yeas--98

Allen Faunce Kilpatrick Richner

Baird Frank Koetje Rivet

Basham Garcia Kowall Rocca

Birkholz Garza Kuipers Sanborn

Bisbee Geiger LaForge Schauer

Bishop Gieleghem LaSata Scott

Bogardus Gilbert Law Scranton

Bovin Godchaux Martinez Shackleton

Bradstreet Gosselin Mead Sheltrown

Brater Green Middaugh Shulman

Brewer Hager Minore Spade

Brown, B. Hale Mortimer Stamas

Brown, C. Hanley Neumann Switalski

Byl Hansen O'Neil Tabor

Callahan Hart Pappageorge Tesanovich

Cassis Howell Patterson Thomas

Caul Jacobs Pestka Toy

Cherry Jamnick Price Van Woerkom

Clark, I. Jansen Prusi Vander Roest

Daniels Jelinek Pumford Vear

DeHart Jellema Quarles Voorhees

DeRossett Johnson, Rick Raczkowski Wojno

DeVuyst Johnson, Ruth Reeves Woodward

DeWeese Julian Richardville Woronchak

Ehardt Kelly

Nays--0

In The Chair: Patterson

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 repeal 1974 PA 181, entitled "An act to provide for the testing, condemnation and disposal of livestock and livestock products; to provide for the testing of certain livestock; to provide for the quarantine of certain livestock; to prescribe the conditions of condemnation; to provide for the indemnification of owners of quarantined or disposed livestock or livestock products; to provide for recovery of the costs of testing, condemnation, disposal, and indemnification; and to prescribe the powers and duties of the department of agriculture," (MCL 287.71 to 287.77).

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. 4828, entitled

A bill to amend 1980 PA 350, entitled "The nonprofit health care corporation reform act," (MCL 550.1101 to 550.1704) by adding section 402c.

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

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

Rep. Martinez moved to amend the bill as follows:

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

"(8) A HEALTH CARE CORPORATION GROUP OR NONGROUP CERTIFICATE THAT PROVIDES PRESCRIPTION COVERAGE SHALL INCLUDE COVERAGE FOR ANY PRESCRIBED DRUG OR DEVICE APPROVED BY THE UNITED STATES FOOD AND DRUG ADMINISTRATION FOR USE AS A CONTRACEPTIVE. COVERAGE UNDER THIS SUBSECTION SHALL NOT BE SUBJECT TO ANY DOLLAR LIMIT, COPAYMENT, DEDUCTIBLE, OR COINSURANCE PROVISION THAT DOES NOT APPLY TO PRESCRIPTION COVERAGE GENERALLY." and renumbering the remaining subsection.

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

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

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

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

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

______

Reps. Rison, Clarke and Mans entered the House Chambers.

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 4828, entitled

A bill to amend 1980 PA 350, entitled "The nonprofit health care corporation reform act," (MCL 550.1101 to 550.1704) by adding section 402c.

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

Roll Call No. 1026 Yeas--63

Allen Ehardt Julian Richardville

Basham Faunce Koetje Rivet

Birkholz Frank Kowall Rocca

Bisbee Garcia Kuipers Sanborn

Bishop Geiger LaSata Shackleton

Bovin Gilbert Mans Sheltrown

Bradstreet Gosselin Mead Spade

Brown, B. Green Middaugh Stamas

Brown, C. Hager Mortimer Tabor

Byl Hart Neumann Van Woerkom

Callahan Howell O'Neil Vander Roest

Cassis Jansen Pappageorge Vear

Caul Jelinek Patterson Voorhees

DeRossett Jellema Pestka Wojno

DeVuyst Johnson, Rick Pumford Woronchak

DeWeese Johnson, Ruth Raczkowski

Nays--35

Baird Garza Kilpatrick Schauer

Bogardus Gieleghem LaForge Scott

Brater Godchaux Martinez Scranton

Brewer Hale Minore Switalski

Cherry Hanley Price Tesanovich

Clark, I. Hansen Prusi Thomas

Clarke, H. Jacobs Quarles Toy

Daniels Jamnick Reeves Woodward

DeHart Kelly Rison

In The Chair: Patterson

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 1980 PA 350, entitled "The nonprofit health care corporation reform act," (MCL 550.1101 to 550.1704) by adding section 402d.

The motion prevailed.

The House agreed to the title as amended.

______

The Speaker Pro Tempore resumed the Chair.

Second Reading of Bills

Senate Bill No. 1170, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," (MCL 600.101 to 600.9948) by adding section 2971.

Was read a second time, and the question being on the adoption of the proposed amendment previously recommended by the Committee on Family and Civil Law (for amendment, see House Journal No. 67, p. 2448),

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

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

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

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

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

______

Rep. Lockwood entered the House Chambers.

By unanimous consent the House returned to the order of

Third Reading of Bills

Senate Bill No. 1170, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," (MCL 600.101 to 600.9948) by adding section 2971.

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

Roll Call No. 1027 Yeas--66

Allen Faunce Kowall Rivet

Basham Frank Kuipers Rocca

Birkholz Garcia LaSata Sanborn

Bisbee Geiger Law Shackleton

Bishop Gieleghem Lockwood Sheltrown

Bovin Gilbert Mans Shulman

Bradstreet Gosselin Mead Spade

Brown, B. Hager Middaugh Stamas

Brown, C. Hart Mortimer Switalski

Byl Howell Neumann Tabor

Callahan Jansen Pappageorge Van Woerkom

Cassis Jelinek Patterson Vander Roest

Caul Jellema Pestka Vear

DeRossett Johnson, Rick Pumford Voorhees

DeVuyst Johnson, Ruth Raczkowski Wojno

DeWeese Julian Richardville Woronchak

Ehardt Koetje

Nays--33

Baird Garza Kilpatrick Rison

Bogardus Godchaux LaForge Schauer

Brater Hale Martinez Scott

Brewer Hanley Minore Scranton

Cherry Hansen Price Tesanovich

Clark, I. Jacobs Prusi Thomas

Clarke, H. Jamnick Quarles Toy

Daniels Kelly Reeves Woodward

DeHart

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.

Second Reading of Bills

House Bill No. 4830, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," (MCL 500.100 to 500.8302) by adding section 3407b.

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

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

Rep. Martinez moved to amend the bill as follows:

1. Amend page 3, following line 10, by inserting:

"(8) AN EXPENSE-INCURRED HOSPITAL, MEDICAL, OR SURGICAL POLICY OR CERTIFICATE DELIVERED, ISSUED FOR DELIVERY, OR RENEWED IN THIS STATE AND A HEALTH MAINTENANCE ORGANIZATION GROUP OR INDIVIDUAL CONTRACT THAT PROVIDES PRESCRIPTION COVERAGE SHALL INCLUDE COVERAGE FOR ANY PRESCRIBED DRUG OR DEVICE APPROVED BY THE UNITED STATES FOOD AND DRUG ADMINISTRATION FOR USE AS A CONTRACEPTIVE. COVERAGE UNDER THIS SUBSECTION SHALL NOT BE SUBJECT TO ANY DOLLAR LIMIT, COPAYMENT, DEDUCTIBLE, OR COINSURANCE PROVISION THAT DOES NOT APPLY TO PRESCRIPTION COVERAGE GENERALLY." and renumbering the remaining subsection.

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

Rep. Martinez demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 1028 Yeas--32

Bogardus DeHart Jacobs Rison

Brater Garza Jamnick Schauer

Brewer Gieleghem LaForge Scott

Byl Godchaux Martinez Scranton

Cherry Hale Minore Switalski

Clark, I. Hanley Price Tesanovich

Clarke, H. Hansen Prusi Thomas

Daniels Hart Quarles Woodward

Nays--64

Allen Faunce Koetje Richner

Basham Frank Kowall Rocca

Birkholz Garcia Kuipers Sanborn

Bisbee Geiger LaSata Shackleton

Bishop Gilbert Law Sheltrown

Bovin Gosselin Mans Shulman

Bradstreet Green Mead Spade

Brown, B. Hager Middaugh Stamas

Brown, C. Howell Mortimer Tabor

Callahan Jansen Neumann Toy

Cassis Jelinek Pappageorge Van Woerkom

Caul Jellema Patterson Vander Roest

DeRossett Johnson, Rick Pestka Vear

DeVuyst Johnson, Ruth Pumford Voorhees

DeWeese Julian Raczkowski Wojno

Ehardt Kelly Richardville Woronchak

In The Chair: Birkholz

Rep. Gosselin 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. Perricone entered the House Chambers.

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 4830, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," (MCL 500.100 to 500.8302) by adding section 3407b.

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

Roll Call No. 1029 Yeas--65

Allen Faunce Koetje Richardville

Basham Frank Kowall Rivet

Birkholz Garcia Kuipers Rocca

Bisbee Geiger LaSata Sanborn

Bishop Gilbert Lockwood Shackleton

Bovin Gosselin Mans Sheltrown

Bradstreet Green Mead Shulman

Brown, B. Hager Middaugh Spade

Brown, C. Hart Mortimer Stamas

Byl Howell Neumann Tabor

Callahan Jansen Pappageorge Van Woerkom

Cassis Jelinek Patterson Vander Roest

Caul Jellema Perricone Vear

DeRossett Johnson, Rick Pestka Voorhees

DeVuyst Johnson, Ruth Pumford Wojno

DeWeese Julian Raczkowski Woronchak

Ehardt

Nays--35

Baird Garza Kilpatrick Schauer

Bogardus Gieleghem LaForge Scott

Brater Godchaux Martinez Scranton

Brewer Hale Minore Switalski

Cherry Hanley Price Tesanovich

Clark, I. Hansen Prusi Thomas

Clarke, H. Jacobs Quarles Toy

Daniels Jamnick Reeves Woodward

DeHart Kelly Rison

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 1956 PA 218, entitled "The insurance code of 1956," (MCL 500.100 to 500.8302) by adding section 3407c.

The motion prevailed.

The House agreed to the title as amended.

______

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

The motion prevailed.

By unanimous consent the House returned to the order of

Messages from the Senate

The Speaker laid before the House

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.

(The bill was received from the Senate on November 29 with substitute (S-1), full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until November 30, see House Journal No. 66, p. 2409.)

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

Rep. LaForge moved to amend the Senate substitute (S-1) as follows:

1. Amend page 8, line 7, after "gestation" by 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 14, 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. LaForge,

Rep. LaForge demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 1030 Yeas--32

Baird DeHart Kelly Prusi

Bogardus Garza Kilpatrick Schauer

Brater Gieleghem LaForge Scott

Brewer Godchaux Lockwood Scranton

Cherry Hale Mans Switalski

Clark, I. Hansen Martinez Tesanovich

Clarke, H. Jacobs Minore Thomas

Daniels Jamnick Price Woodward

Nays--62

Allen Frank Kowall Rocca

Birkholz Garcia Kuipers Sanborn

Bisbee Geiger LaSata Shackleton

Bishop Gilbert Law Sheltrown

Bradstreet Gosselin Mead Shulman

Brown, B. Green Middaugh Spade

Brown, C. Hager Mortimer Stamas

Byl Hart Neumann Tabor

Callahan Howell Pappageorge Toy

Cassis Jansen Patterson Van Woerkom

Caul Jelinek Pestka Vander Roest

DeRossett Jellema Pumford Vear

DeVuyst Johnson, Rick Raczkowski Voorhees

DeWeese Johnson, Ruth Richardville Wojno

Ehardt Julian Rivet Woronchak

Faunce Koetje

In The Chair: Birkholz

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

The substitute (S-1) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 1031 Yeas--68

Allen Faunce Koetje Reeves

Basham Frank Kowall Richardville

Birkholz Garcia LaSata Rivet

Bisbee Geiger Law Rocca

Bishop Gilbert Lockwood Sanborn

Bovin Gosselin Mans 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 Wojno

Ehardt Kelly Raczkowski Woronchak

Nays--30

Baird DeHart Kilpatrick Schauer

Bogardus Garza LaForge Scott

Brater Gieleghem Martinez Scranton

Brewer Godchaux Minore Switalski

Cherry Hale Price Tesanovich

Clark, I. Hansen Prusi Thomas

Clarke, H. Jacobs Quarles Woodward

Daniels Jamnick

In The Chair: Birkholz

The House agreed to the full title of the bill.

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

Second Reading of Bills

House Bill No. 4983, entitled

A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding sections 16240 and 20195.

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

The substitute (H-2) 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. Schermesser entered the House Chambers.

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 4983, entitled

A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding sections 16240 and 20195.

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

Roll Call No. 1032 Yeas--66

Allen Faunce Kowall Richardville

Basham Frank Kuipers Rivet

Birkholz Garcia LaSata Rocca

Bisbee Geiger Lockwood Sanborn

Bishop Gilbert Mans Shackleton

Bovin Gosselin Mead Sheltrown

Bradstreet Green Middaugh Shulman

Brown, B. Hager Mortimer Spade

Brown, C. Hart Neumann Stamas

Byl Howell O'Neil Tabor

Callahan Jansen Pappageorge Van Woerkom

Cassis Jelinek Patterson Vander Roest

Caul Jellema Perricone Vear

DeRossett Johnson, Rick Pestka Voorhees

DeVuyst Johnson, Ruth Pumford Wojno

DeWeese Julian Raczkowski Woronchak

Ehardt Koetje

Nays--33

Baird Garza Kilpatrick Schauer

Bogardus Gieleghem Martinez Schermesser

Brater Godchaux Minore Scott

Brewer Hale Price Scranton

Cherry Hansen Prusi Switalski

Clark, I. Jacobs Quarles Tesanovich

Clarke, H. Jamnick Reeves Thomas

Daniels Kelly Rison Woodward

DeHart

In The Chair: Birkholz

The House agreed to the title of the bill.

______

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

"Mr. Speaker and members of the House:

My no vote did not signify approval of an elective abortion, but maintains my position against prioritizing 'sin' against God and discrimination based on that sin. When we single out societal wrongs which are also against God and his word, should we then open ourselves to additional wrongs or sins. For example, should a man continue to receive health care benefits for physical or spiritual adultery against God. Should our medical benefits be jeopardized by our disobedience and transgressions against God and man. If I lie, hate, cheat, steal or commit blasphemy will I lose my health benefit. God forbid. We have choices and our choices should not affect what has been given as a result of an employer/employee benefit. Our choices should effect where we spend eternity."

______

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

The motion prevailed.

Reps. Hardman and Lemmons entered the House Chambers.

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

Quorum Call

Rep. Raczkowski questioned the presence of a quorum and moved that the roll be called and printed in the Journal.

The motion prevailed.

The roll was called and the Clerk announced that a quorum was present.

The following is the roll call:

Roll Call No. 1033 Yeas--97

Allen Faunce Kelly Reeves

Baird Frank Koetje Richardville

Basham Garcia Kowall Rison

Birkholz Garza Kuipers Rocca

Bisbee Geiger LaForge Sanborn

Bishop Gieleghem LaSata Schauer

Bogardus Gilbert Law Schermesser

Bovin Godchaux Lemmons Scott

Bradstreet Gosselin Lockwood Scranton

Brater Green Mans Shackleton

Brewer Hager Martinez Sheltrown

Brown, B. Hale Mead Shulman

Brown, C. Hansen Middaugh Spade

Callahan Hardman Minore Stamas

Cassis Hart Mortimer Switalski

Caul Howell Neumann Tabor

Cherry Jacobs O'Neil Tesanovich

Clark, I. Jamnick Pappageorge Toy

Clarke, H. Jansen Patterson Van Woerkom

Daniels Jelinek Pestka Vander Roest

DeHart Jellema Price Vear

DeRossett Johnson, Rick Prusi Voorhees

DeVuyst Johnson, Ruth Pumford Wojno

DeWeese Julian Raczkowski Woodward

Ehardt

In The Chair: Scranton

By unanimous consent the House returned to the consideration of

Messages from the Senate

The Senate requested the return of

House Bill No. 4711, entitled

A bill to amend 1931 PA 328, entitled "An act to revise, consolidate, codify and add to the statutes relating to crimes; to define crimes and prescribe the penalties therefor; to provide for restitution under certain circumstances; to provide for the competency of evidence at the trial of persons accused of crime; to provide immunity from prosecution for certain witnesses appearing at such trials; and to repeal certain acts and parts of acts inconsistent with or contravening any of the provisions of this act," by amending section 411 (MCL 750.411).

Rep. Raczkowski moved that the Request of the Senate be granted.

The motion prevailed.

Second Reading of Bills

Senate Bill No. 120, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," (MCL 750.1 to 750.568) by adding section 285.

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

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

Rep. Faunce moved to amend the bill as follows:

1. Amend page 3, line 11, by striking out "January" and inserting "April".

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

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

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

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

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

By unanimous consent the House returned to the order of

Third Reading of Bills

Senate Bill No. 120, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," (MCL 750.1 to 750.568) by adding section 285.

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

Roll Call No. 1034 Yeas--99

Allen Frank Kowall Rison

Baird Garcia Kuipers Rivet

Basham Garza LaForge Rocca

Birkholz Geiger LaSata Sanborn

Bisbee Gieleghem Law Schermesser

Bishop Gilbert Lemmons Scott

Bovin Godchaux Lockwood Scranton

Bradstreet Gosselin Mans Shackleton

Brater Green Martinez Sheltrown

Brewer Hager Mead Shulman

Brown, B. Hale 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 Pestka Van Woerkom

Daniels Jelinek Price Vander Roest

DeHart Jellema Prusi Vear

DeRossett Johnson, Rick Pumford Voorhees

DeVuyst Johnson, Ruth Raczkowski Wojno

DeWeese Julian Reeves Woodward

Ehardt Kelly Richardville Woronchak

Faunce Koetje Richner

Nays--0

In The Chair: Scranton

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

"An act to revise, consolidate, codify and add to the statutes relating to crimes; to define crimes and prescribe the penalties therefor; to provide for restitution under certain circumstances; to provide for the competency of evidence at the trial of persons accused of crime; to provide immunity from prosecution for certain witnesses appearing at such trials; and to repeal certain acts and parts of acts inconsistent with or contravening any of the provisions of this act,".

The House agreed to the full title.

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

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

Second Reading of Bills

Senate Bill No. 885, entitled

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

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

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

Rep. Faunce moved to amend the bill as follows:

1. Amend page 2, line 36, by striking out "January" and inserting "April".

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

Rep. Middaugh 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.

______

Rep. Vander Roest moved that Reps. Raczkowski and 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

Senate Bill No. 885, entitled

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

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

Roll Call No. 1035 Yeas--100

Allen Ehardt Kelly Richner

Baird Faunce Koetje Rison

Basham Frank Kowall Rivet

Birkholz Garcia Kuipers Rocca

Bisbee Garza LaForge Sanborn

Bishop Geiger LaSata Schermesser

Bogardus Gieleghem Law Scott

Bovin Gilbert Lemmons Scranton

Bradstreet Godchaux Lockwood Shackleton

Brater Gosselin Mans Sheltrown

Brewer Green Martinez Shulman

Brown, B. Hager Mead Spade

Brown, C. Hale Middaugh Stamas

Byl Hansen Minore Switalski

Callahan Hardman Mortimer Tabor

Cassis Hart Neumann Tesanovich

Caul Howell O'Neil Thomas

Cherry Jacobs Pappageorge Toy

Clark, I. Jamnick Patterson Van Woerkom

Clarke, H. Jansen Pestka Vander Roest

Daniels Jelinek Price Vear

DeHart Jellema Prusi Voorhees

DeRossett Johnson, Rick Pumford Wojno

DeVuyst Johnson, Ruth Reeves Woodward

DeWeese Julian Richardville Woronchak

Nays--0

In The Chair: Scranton

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 1927 PA 175, entitled "An act to revise, consolidate, and codify the laws relating to criminal procedure and to define the jurisdiction, powers, and duties of courts, judges, and other officers of the court under the provisions of this act; to provide laws relative to the rights of persons accused of criminal offenses and ordinance violations; to provide for the arrest of persons charged with or suspected of criminal offenses and ordinance violations; to provide for bail of persons arrested for or accused of criminal offenses and ordinance violations; to provide for the examination of persons accused of criminal offenses; to regulate the procedure relative to grand juries, indictments, informations, and proceedings before trial; to provide for trials of persons complained of or indicted for criminal offenses and ordinance violations and to provide for the procedure in those trials; to provide for judgments and sentences of persons convicted of criminal offenses and ordinance violations; to establish a sentencing commission and to prescribe its powers and duties; to provide for procedure relating to new trials and appeals in criminal and ordinance violation cases; to provide a uniform system of probation throughout this state and the appointment of probation officers; to prescribe the powers, duties, and compensation of probation officers; to provide penalties for the violation of the duties of probation officers; to provide for procedure governing proceedings to prevent crime and proceedings for the discovery of crime; to provide for fees of officers, witnesses, and others in criminal and ordinance violation cases; to set forth miscellaneous provisions as to criminal procedure in certain cases; to provide penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act," by amending section 16o of chapter XVII (MCL 777.16o), as amended by 2000 PA 279.

The motion prevailed.

The House agreed to the title as amended.

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

Senate Bill No. 633, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 411a (MCL 750.411a), as amended by 1996 PA 303.

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

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

Rep. Faunce moved to amend the bill as follows:

1. Amend page 4, line 19, by striking out "January" and inserting "April".

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

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

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

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

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

By unanimous consent the House returned to the order of

Third Reading of Bills

Senate Bill No. 633, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 411a (MCL 750.411a), as amended by 1996 PA 303.

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

Roll Call No. 1036 Yeas--99

Allen Faunce Koetje Rivet

Baird Frank Kowall Rocca

Basham Garcia Kuipers Sanborn

Birkholz Garza LaForge Schauer

Bisbee Geiger LaSata Schermesser

Bishop Gieleghem Law Scott

Bogardus Gilbert Lockwood Scranton

Bovin Godchaux Mans Shackleton

Bradstreet Gosselin Mead Sheltrown

Brater Green Middaugh Shulman

Brewer Hager Minore Spade

Brown, B. Hale Mortimer Stamas

Brown, C. Hansen Neumann Switalski

Byl Hardman O'Neil Tabor

Callahan Hart Pappageorge Tesanovich

Cassis Howell Patterson Thomas

Caul Jacobs Pestka Toy

Cherry Jamnick Price Van Woerkom

Clark, I. Jansen Prusi Vander Roest

Daniels Jelinek Pumford Vear

DeHart Jellema Raczkowski Voorhees

DeRossett Johnson, Rick Reeves Wojno

DeVuyst Johnson, Ruth Richardville Woodward

DeWeese Julian Richner Woronchak

Ehardt Kelly Rison

Nays--0

In The Chair: Scranton

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

The House agreed to the full title.

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

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

Second Reading of Bills

Senate Bill No. 634, entitled

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

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

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

Rep. Faunce moved to amend the bill as follows:

1. Amend page 2, line 32, by striking out "January" and inserting "April".

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

Rep. Faunce moved to amend the bill as follows:

1. Amend page 2, following line 30, by inserting:

"750.411S(2)(A) PERSON G UNLAWFUL POSTING OF MESSAGE 2

750.411S(2)(B) PERSON E UNLAWFUL POSTING OF MESSAGE

WITH AGGRAVATING

CIRCUMSTANCES 5".

2. Amend page 2, line 33, by striking out all of enacting section 2 and inserting:

"Enacting section 2. This amendatory act does not take effect unless all of the following bills of the 90th Legislature are enacted into law:

(a) Senate Bill No. 633.

(b) House Bill No. 6052.".

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

Rep. Middaugh 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

Senate Bill No. 634, entitled

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

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

Roll Call No. 1037 Yeas--99

Allen Ehardt Koetje Rivet

Baird Faunce Kowall Rocca

Basham Frank Kuipers Sanborn

Birkholz Garcia LaForge Schauer

Bisbee Geiger LaSata Schermesser

Bishop Gieleghem Law Scott

Bogardus Gilbert Lemmons Scranton

Bovin Godchaux Lockwood Shackleton

Bradstreet Gosselin Mans Sheltrown

Brater Green Martinez Shulman

Brewer Hager Mead Spade

Brown, B. Hale Middaugh Stamas

Brown, C. Hansen Mortimer Switalski

Byl Hardman Neumann Tabor

Callahan Hart O'Neil Tesanovich

Cassis Howell Pappageorge Thomas

Caul Jacobs Patterson Toy

Cherry Jamnick Pestka Van Woerkom

Clark, I. Jansen Price Vander Roest

Clarke, H. Jelinek Prusi Vear

Daniels Jellema Pumford Voorhees

DeHart Johnson, Rick Reeves Wojno

DeRossett Johnson, Ruth Richardville Woodward

DeVuyst Julian Richner Woronchak

DeWeese Kelly Rison

Nays--0

In The Chair: Scranton

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 1927 PA 175, entitled "An act to revise, consolidate, and codify the laws relating to criminal procedure and to define the jurisdiction, powers, and duties of courts, judges, and other officers of the court under the provisions of this act; to provide laws relative to the rights of persons accused of criminal offenses and ordinance violations; to provide for the arrest of persons charged with or suspected of criminal offenses and ordinance violations; to provide for bail of persons arrested for or accused of criminal offenses and ordinance violations; to provide for the examination of persons accused of criminal offenses; to regulate the procedure relative to grand juries, indictments, informations, and proceedings before trial; to provide for trials of persons complained of or indicted for criminal offenses and ordinance violations and to provide for the procedure in those trials; to provide for judgments and sentences of persons convicted of criminal offenses and ordinance violations; to establish a sentencing commission and to prescribe its powers and duties; to provide for procedure relating to new trials and appeals in criminal and ordinance violation cases; to provide a uniform system of probation throughout this state and the appointment of probation officers; to prescribe the powers, duties, and compensation of probation officers; to provide penalties for the violation of the duties of probation officers; to provide for procedure governing proceedings to prevent crime and proceedings for the discovery of crime; to provide for fees of officers, witnesses, and others in criminal and ordinance violation cases; to set forth miscellaneous provisions as to criminal procedure in certain cases; to provide penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act," by amending section 16t of chapter XVII (MCL 777.16t), as amended by 2000 PA 279.

The motion prevailed.

The House agreed to the title as amended.

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

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

______

Rep. Scott moved that Rep. Vaughn be excused from the balance of today's session.

The motion prevailed.

Rep. Daniels moved that Rep. Quarles be excused temporarily from today's session.

The motion prevailed.

Second Reading of Bills

Senate Bill No. 635, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 1f of chapter IX (MCL 769.1f), as added by 1998 PA 345.

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

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

Rep. Faunce moved to amend the bill as follows:

1. Amend page 6, line 21, by striking out "January" and inserting "April".

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

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

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

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

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

By unanimous consent the House returned to the order of

Third Reading of Bills

Senate Bill No. 635, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 1f of chapter IX (MCL 769.1f), as added by 1998 PA 345.

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

Roll Call No. 1038 Yeas--101

Allen Frank Kowall Rison

Baird Garcia Kuipers Rivet

Basham Garza LaForge Rocca

Birkholz Geiger LaSata Sanborn

Bisbee Gieleghem Law Schauer

Bishop Gilbert Lemmons Schermesser

Bovin Godchaux Lockwood Scott

Bradstreet Gosselin Mans 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 Pestka Toy

Clarke, H. Jelinek Price Van Woerkom

Daniels Jellema Prusi Vander Roest

DeHart Johnson, Rick Pumford Vear

DeRossett Johnson, Ruth Raczkowski Voorhees

DeVuyst Julian Reeves Wojno

DeWeese Kelly Richardville Woodward

Ehardt Koetje Richner Woronchak

Faunce

Nays--0

In The Chair: Scranton

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

"An act to revise, consolidate, and codify the laws relating to criminal procedure and to define the jurisdiction, powers, and duties of courts, judges, and other officers of the court under the provisions of this act; to provide laws relative to the rights of persons accused of criminal offenses and ordinance violations; to provide for the arrest of persons charged with or suspected of criminal offenses and ordinance violations; to provide for bail of persons arrested for or accused of criminal offenses and ordinance violations; to provide for the examination of persons accused of criminal offenses; to regulate the procedure relative to grand juries, indictments, informations, and proceedings before trial; to provide for trials of persons complained of or indicted for criminal offenses and ordinance violations and to provide for the procedure in those trials; to provide for judgments and sentences of persons convicted of criminal offenses and ordinance violations; to establish a sentencing commission and to prescribe its powers and duties; to provide for procedure relating to new trials and appeals in criminal and ordinance violation cases; to provide a uniform system of probation throughout this state and the appointment of probation officers; to prescribe the powers, duties, and compensation of probation officers; to provide penalties for the violation of the duties of probation officers; to provide for procedure governing proceedings to prevent crime and proceedings for the discovery of crime; to provide for fees of officers, witnesses, and others in criminal and ordinance violation cases; to set forth miscellaneous provisions as to criminal procedure in certain cases; to provide penalties for the violation of certain provisions of this act; and to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act,".

The House agreed to the full title.

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

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

Second Reading of Bills

Senate Bill No. 882, entitled

A bill to create certain funds; to provide for the operation, investment, and expenditure of certain funds; and to impose certain duties and requirements on certain state officials.

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

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

Rep. Middaugh 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

Senate Bill No. 882, entitled

A bill to create certain funds; to provide for the operation, investment, and expenditure of certain funds; and to impose certain duties and requirements on certain state officials.

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

Roll Call No. 1039 Yeas--103

Allen Frank Kowall Rison

Baird Garcia Kuipers Rivet

Basham Garza LaForge Rocca

Birkholz Geiger LaSata Sanborn

Bisbee Gieleghem Law Schauer

Bishop Gilbert Lemmons Schermesser

Bovin Godchaux Lockwood Scott

Bradstreet Gosselin Mans 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 Pestka Toy

Clarke, H. Jelinek Price Van Woerkom

Daniels Jellema Prusi Vander Roest

DeHart Johnson, Rick Pumford Vear

DeRossett Johnson, Ruth Quarles Voorhees

DeVuyst Julian Raczkowski Wojno

DeWeese Kelly Reeves Woodward

Ehardt Kilpatrick Richardville Woronchak

Faunce Koetje Richner

Nays--0

In The Chair: Scranton

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

Senate Bill No. 453, entitled

A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 44 (MCL 211.44), as amended by 1996 PA 57.

The bill was read a second time.

Rep. Middaugh 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.

______

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

The motion prevailed.

Rep. Hale moved that Rep. Bogardus be excused temporarily from today's session.

The motion prevailed.

By unanimous consent the House returned to the order of

Third Reading of Bills

Senate Bill No. 453, entitled

A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 44 (MCL 211.44), as amended by 1996 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. 1040 Yeas--99

Allen Faunce LaForge Rivet

Baird Frank LaSata Rocca

Basham Garcia Law Sanborn

Birkholz Garza Lemmons Schauer

Bisbee Geiger Lockwood Schermesser

Bishop Gieleghem Mans Scott

Bovin Gilbert Martinez Scranton

Bradstreet Godchaux Mead Shackleton

Brater Gosselin Middaugh Sheltrown

Brewer Green Minore Shulman

Brown, B. Hager Mortimer Spade

Brown, C. Hale Neumann Stamas

Byl Hardman O'Neil Switalski

Callahan Hart Pappageorge Tabor

Cassis Howell Patterson Tesanovich

Caul Jacobs Pestka Thomas

Cherry Jamnick Price Toy

Clark, I. Jansen Prusi Van Woerkom

Clarke, H. Jelinek Pumford Vander Roest

Daniels Johnson, Rick Quarles Vear

DeHart Johnson, Ruth Raczkowski Voorhees

DeRossett Julian Reeves Wojno

DeVuyst Koetje Richardville Woodward

DeWeese Kowall Richner Woronchak

Ehardt Kuipers Rison

Nays--0

In The Chair: Scranton

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

"An act to provide for the assessment of rights and interests, including leasehold interests, in property and the levy and collection of taxes on property, and for the collection of taxes levied; making those taxes a lien on the property taxed, establishing and continuing the lien, providing for the sale or forfeiture and conveyance of property delinquent for taxes, and for the inspection and disposition of lands bid off to the state and not redeemed or purchased; to provide for the establishment of a delinquent tax revolving fund and the borrowing of money by counties and the issuance of notes; to define and limit the jurisdiction of the courts in proceedings in connection with property delinquent for taxes; to limit the time within which actions may be brought; to prescribe certain limitations with respect to rates of taxation; to prescribe certain powers and duties of certain officers, departments, agencies, and political subdivisions of this state; to provide for certain reimbursements of certain expenses incurred by units of local government; to provide penalties for the violation of this act; and to repeal acts and parts of acts,".

The House agreed to the full title.

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

Senate Bill No. 959, entitled

A bill to amend 1985 PA 227, entitled "Shared credit rating act," by amending the title and sections 1, 3, 5, 6, 7, 8, 16, and 20 (MCL 141.1051, 141.1053, 141.1055, 141.1056, 141.1057, 141.1058, 141.1066, and 141.1070), the title and sections 3 and 8 as amended by 1997 PA 27, section 7 as amended by 2000 PA 118, and section 20 as amended by 1988 PA 316; and to repeal acts and parts of acts.

The bill was read a second time.

Rep. Middaugh 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

Senate Bill No. 959, entitled

The bill was read a third time.

The question being on the passage of the bill,

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

The motion prevailed.

Second Reading of Bills

Senate Bill No. 906, entitled

A bill to amend 1974 PA 300, entitled "Motor vehicle service and repair act," by amending section 10 (MCL 257.1310).

The bill was read a second time.

Rep. Middaugh 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

Senate Bill No. 906, entitled

A bill to amend 1974 PA 300, entitled "Motor vehicle service and repair act," by amending section 10 (MCL 257.1310).

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

Roll Call No. 1041 Yeas--100

Allen Ehardt Koetje Rison

Baird Faunce Kowall Rivet

Basham Frank Kuipers Rocca

Birkholz Garcia LaForge Sanborn

Bisbee Garza LaSata Schauer

Bishop Geiger Law Schermesser

Bogardus Gieleghem Lemmons Scott

Bovin Gilbert Lockwood Scranton

Bradstreet Godchaux Mans Shackleton

Brater Gosselin Martinez Sheltrown

Brewer Green Mead Shulman

Brown, B. Hager Middaugh Spade

Brown, C. Hale 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. Jansen Price Van Woerkom

Clarke, H. Jelinek Prusi Vander Roest

Daniels Jellema Pumford Vear

DeHart Johnson, Rick Raczkowski Voorhees

DeRossett Johnson, Ruth Reeves Wojno

DeVuyst Julian Richardville Woodward

DeWeese Kelly Richner Woronchak

Nays--0

In The Chair: Scranton

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

"An act to regulate the practice of servicing and repairing motor vehicles; to proscribe unfair and deceptive practices; to provide for training and certification of mechanics; to provide for the registration of motor vehicle repair facilities; to provide for enforcement; and to prescribe penalties,".

The House agreed to the full title.

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

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

______

Rep. Brewer moved that Reps. Kelly and LaForge be excused temporarily from today's session.

The motion prevailed.

Second Reading of Bills

Senate Bill No. 1324, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 244 (MCL 257.244), as amended by 1992 PA 306.

The bill was read a second time.

Rep. Gilbert moved to amend the bill as follows:

1. Amend page 1, line 8, by striking out all of subsection (2) and inserting: "A PRODUCER OF A VEHICLE SUBCOMPONENT SYSTEM ESSENTIAL TO THE OPERATION OF THE VEHICLE OR THE SAFETY OF AN OCCUPANT MAY OPERATE OR MOVE A MOTOR VEHICLE UPON A STREET OR HIGHWAY SOLELY TO TRANSPORT OR TEST THE SUBCOMPONENT SYSTEM IF THE MOTOR VEHICLE DISPLAYS, IN THE MANNER PRESCRIBED IN SECTION 225, 1 SPECIAL PLATE APPROVED BY THE SECRETARY OF STATE. TO BE ELIGIBLE FOR THE SPECIAL PLATE, THE SUBCOMPONENT SYSTEM PRODUCER MUST BE EITHER A RECOGNIZED SUBCOMPONENT SYSTEM PRODUCER OR MUST BE A SUBCOMPONENT SYSTEM PRODUCER UNDER CONTRACT WITH A VEHICLE MANUFACTURER.".

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

Rep. Middaugh 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

Senate Bill No. 1324, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 244 (MCL 257.244), as amended by 1992 PA 306.

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

Roll Call No. 1042 Yeas--97

Allen Ehardt Kowall Rison

Baird Faunce Kuipers Rivet

Basham Frank LaSata Rocca

Birkholz Garcia Law Sanborn

Bisbee Geiger Lemmons Schauer

Bishop Gieleghem Lockwood Schermesser

Bogardus Gilbert Mans Scott

Bovin Godchaux Martinez Scranton

Bradstreet Gosselin Mead Shackleton

Brater Green Middaugh Sheltrown

Brewer Hager Minore Shulman

Brown, B. Hale Mortimer Spade

Brown, C. Hansen Neumann Stamas

Byl Hardman O'Neil Switalski

Callahan Hart Pappageorge Tabor

Cassis Howell Patterson Tesanovich

Caul Jacobs Pestka Toy

Cherry Jamnick Price Van Woerkom

Clark, I. Jansen Prusi Vander Roest

Clarke, H. Jelinek Pumford Vear

Daniels Jellema Raczkowski Voorhees

DeHart Johnson, Rick Reeves Wojno

DeRossett Julian Richardville Woodward

DeVuyst Koetje Richner Woronchak

DeWeese

Nays--0

In The Chair: Scranton

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

"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 and grant programs; to provide for the appropriation of money for certain grant programs; 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,".

The House agreed to the full title.

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

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

______

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

"Mr. Speaker and members of the House:

I did not vote on Roll Call No. 1042 because of a possible conflict of interest."

Second Reading of Bills

House Bill No. 6153, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 41701, 41702, 41703, 41704, 41706, 41707, 41708, 41710, 41712, and 43530 (MCL 324.41701, 324.41702, 324.41703, 324.41704, 324.41706, 324.41707, 324.41708, 324.41710, 324.41712, and 324.43530), sections 41701, 41702, 41703, 41704, 41706, 41707, 41708, 41710, and 41712 as added by 1995 PA 57 and section 43530 as amended by 1996 PA 585.

The bill was read a second time.

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

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

Rep. 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. 6153, 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. 1043 Yeas--97

Allen Faunce Kuipers Rivet

Baird Frank LaSata Rocca

Basham Garcia Law Sanborn

Birkholz Geiger Lemmons Schauer

Bisbee Gieleghem Lockwood Schermesser

Bishop Gilbert Mans Scott

Bovin Godchaux Martinez Scranton

Bradstreet Gosselin Mead Shackleton

Brater Green Middaugh Sheltrown

Brewer Hager Mortimer Shulman

Brown, B. Hale Neumann Spade

Brown, C. Hansen O'Neil Stamas

Byl Hardman Pappageorge Switalski

Callahan Hart Patterson Tabor

Cassis Howell Pestka Tesanovich

Caul Jacobs Price Thomas

Cherry Jansen Prusi Toy

Clark, I. Jelinek Pumford Van Woerkom

Clarke, H. Jellema Quarles Vander Roest

Daniels Johnson, Rick Raczkowski Vear

DeHart Johnson, Ruth Reeves Voorhees

DeRossett Julian Richardville Wojno

DeVuyst Koetje Richner Woodward

DeWeese Kowall Rison Woronchak

Ehardt

Nays--1

Bogardus

In The Chair: Scranton

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

Senate Bill No. 1337, entitled

A bill to authorize the state administrative board to convey certain state owned property in Jackson county in exchange for certain other parcels in Jackson county; to prescribe certain conditions for that exchange; and to provide for certain powers and duties of the department of management and budget, the department of corrections, and the attorney general in regard to that exchange.

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. Middaugh 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

Senate Bill No. 1337, 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. 1044 Yeas--102

Allen Frank Kowall Richner

Baird Garcia Kuipers Rison

Basham Garza LaForge Rivet

Birkholz Geiger LaSata Rocca

Bisbee Gieleghem Law Sanborn

Bishop Gilbert Lemmons Schauer

Bogardus Godchaux Lockwood Schermesser

Bovin Gosselin Mans Scott

Bradstreet Green Martinez Scranton

Brater Hager Mead Shackleton

Brown, B. Hale Middaugh Sheltrown

Brown, C. Hansen Minore Shulman

Byl Hardman Mortimer Spade

Callahan Hart Neumann Stamas

Cassis Howell O'Neil Switalski

Caul Jacobs Pappageorge Tabor

Cherry Jamnick Patterson Tesanovich

Clark, I. Jansen Pestka Toy

Clarke, H. Jelinek Price Van Woerkom

Daniels Jellema Prusi Vander Roest

DeHart Johnson, Rick Pumford Vear

DeRossett Johnson, Ruth Quarles Voorhees

DeVuyst Julian Raczkowski Wojno

DeWeese Kelly Reeves Woodward

Ehardt Kilpatrick Richardville Woronchak

Faunce Koetje

Nays--0

In The Chair: Scranton

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 authorize the state administrative board to convey certain state owned property in Jackson county in exchange for certain other parcels in Jackson county; to prescribe certain conditions for that exchange; to provide for certain powers and duties of the department of management and budget, the department of corrections, and the attorney general in regard to that exchange; and to authorize the department of natural resources to convey certain state owned property in the county of Charlevoix.

The motion prevailed.

The House agreed to the title as amended.

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

Senate Bill No. 1365, entitled

A bill to authorize the department of management and budget to convey certain state owned property in the county of Jackson in exchange for certain other property in the county of Jackson.

The bill was read a second time.

Rep. Middaugh 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.

______

Rep. Cherry moved that Rep. Bogardus be excused temporarily from today's session.

The motion prevailed.

By unanimous consent the House returned to the order of

Third Reading of Bills

Senate Bill No. 1365, entitled

A bill to authorize the department of management and budget to convey certain state owned property in the county of Jackson in exchange for certain other property in the county of Jackson.

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

Roll Call No. 1045 Yeas--99

Allen Faunce Kowall Rison

Baird Frank Kuipers Rivet

Basham Garcia LaForge Rocca

Birkholz Garza LaSata Sanborn

Bisbee Geiger Law Schauer

Bishop Gieleghem Lemmons Schermesser

Bovin Gilbert Lockwood Scott

Bradstreet Godchaux Mans Scranton

Brater Gosselin Martinez Shackleton

Brewer Green Mead Sheltrown

Brown, B. Hager Middaugh Shulman

Brown, C. Hale Mortimer Spade

Byl Hardman Neumann Stamas

Callahan Hart O'Neil Switalski

Cassis Howell Pappageorge Tabor

Caul Jacobs Patterson Tesanovich

Cherry Jamnick Pestka Toy

Clark, I. Jansen Price Van Woerkom

Clarke, H. Jelinek Prusi Vander Roest

Daniels Jellema Pumford Vear

DeHart Johnson, Rick Quarles Voorhees

DeRossett Johnson, Ruth Raczkowski Wojno

DeVuyst Julian Reeves Woodward

DeWeese Kelly Richardville Woronchak

Ehardt Koetje Richner

Nays--0

In The Chair: Scranton

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

Senate Bill No. 1341, entitled

A bill to amend 1998 PA 58, entitled "Michigan liquor control code of 1998," by amending section 513 (MCL 436.1513), as amended by 1998 PA 416.

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.

Senate Bill No. 859, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," (MCL 257.1 to 257.923) by adding section 667a.

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. 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. 859, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," (MCL 257.1 to 257.923) by adding section 667a.

The bill was read a third time.

The question being on the passage of the bill,

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

The motion prevailed.

Second Reading of Bills

House Bill No. 4383, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 10102 and 10104 (MCL 333.10102 and 333.10104).

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

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

Rep. Martinez 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. Gieleghem moved that Rep. Garza 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. 4383, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 10102 and 10104 (MCL 333.10102 and 333.10104).

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

Roll Call No. 1046 Yeas--103

Allen Faunce Kowall Rison

Baird Frank Kuipers Rivet

Basham Garcia LaForge Rocca

Birkholz Geiger LaSata Sanborn

Bisbee Gieleghem Law Schauer

Bishop Gilbert Lemmons Schermesser

Bogardus Godchaux Lockwood Scott

Bovin Gosselin Mans Scranton

Bradstreet Green Martinez Shackleton

Brater Hager Mead Sheltrown

Brewer Hale Middaugh Shulman

Brown, B. Hansen Minore Spade

Brown, C. Hardman Mortimer Stamas

Byl Hart Neumann Switalski

Callahan Howell O'Neil Tabor

Cassis Jacobs Pappageorge Tesanovich

Caul Jamnick Patterson Thomas

Cherry Jansen Pestka Toy

Clark, I. Jelinek Price Van Woerkom

Clarke, H. Jellema Prusi Vander Roest

Daniels Johnson, Rick Pumford Vear

DeHart Johnson, Ruth Quarles Voorhees

DeRossett Julian Raczkowski Wojno

DeVuyst Kelly Reeves Woodward

DeWeese Kilpatrick Richardville Woronchak

Ehardt Koetje Richner

Nays--0

In The Chair: Scranton

The House agreed to the title of the bill.

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

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

Second Reading of Bills

House Bill No. 4384, entitled

A bill to amend 1998 PA 386, entitled "Estates and protected individuals code," by amending sections 1106, 5506, 5507, and 5510 (MCL 700.1106, 700.5506, 700.5507, and 700.5510).

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

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

Rep. Martinez 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. 4384, entitled

A bill to amend 1998 PA 386, entitled "Estates and protected individuals code," by amending sections 1106, 5506, 5507, and 5510 (MCL 700.1106, 700.5506, 700.5507, and 700.5510).

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

Roll Call No. 1047 Yeas--104

Allen Faunce Kowall Richner

Baird Frank Kuipers Rison

Basham Garcia LaForge Rivet

Birkholz Geiger LaSata Rocca

Bisbee Gieleghem Law Sanborn

Bishop Gilbert Lemmons Schauer

Bogardus Godchaux Lockwood Schermesser

Bovin Gosselin Mans Scott

Bradstreet Green Martinez Scranton

Brater Hager Mead Shackleton

Brewer Hale Middaugh Sheltrown

Brown, B. Hansen Minore Shulman

Brown, C. Hardman Mortimer Spade

Byl Hart Neumann Stamas

Callahan Howell O'Neil Switalski

Cassis Jacobs Pappageorge Tabor

Caul Jamnick Patterson Tesanovich

Cherry Jansen Perricone Thomas

Clark, I. Jelinek Pestka Toy

Clarke, H. Jellema Price Van Woerkom

Daniels Johnson, Rick Prusi Vander Roest

DeHart Johnson, Ruth Pumford Vear

DeRossett Julian Quarles Voorhees

DeVuyst Kelly Raczkowski Wojno

DeWeese Kilpatrick Reeves Woodward

Ehardt Koetje Richardville Woronchak

Nays--0

In The Chair: Scranton

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 1998 PA 386, entitled "Estates and protected individuals code," by amending sections 1106, 5506, 5507, and 5510 (MCL 700.1106, 700.5506, 700.5507, and 700.5510), section 1106 as amended by 2000 PA 54.

The motion prevailed.

The House agreed to the title as amended.

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

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

Rep. Raczkowski moved that Senate Bill No. 1341 be placed on its immediate passage.

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

Senate Bill No. 1341, entitled

A bill to amend 1998 PA 58, entitled "Michigan liquor control code of 1998," by amending section 513 (MCL 436.1513), as amended by 1998 PA 416.

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

Roll Call No. 1048 Yeas--98

Allen Frank LaForge Rison

Baird Garcia LaSata Rivet

Basham Geiger Law Rocca

Birkholz Gieleghem Lemmons Sanborn

Bisbee Gilbert Lockwood Schermesser

Bishop Godchaux Mans Scott

Bogardus Green Martinez Scranton

Bovin Hager Mead Shackleton

Brater Hale Middaugh Sheltrown

Brewer Hansen Minore Shulman

Brown, C. Hardman Mortimer Spade

Byl Hart Neumann Stamas

Callahan Howell O'Neil Switalski

Cassis Jacobs Pappageorge Tabor

Caul Jamnick Patterson Tesanovich

Cherry Jansen Perricone Thomas

Clark, I. Jelinek Pestka Toy

Clarke, H. Jellema Price Van Woerkom

Daniels Johnson, Rick Prusi Vander Roest

DeHart Johnson, Ruth Pumford Vear

DeRossett Julian Quarles Voorhees

DeVuyst Kelly Raczkowski Wojno

DeWeese Koetje Richardville Woodward

Ehardt Kowall Richner Woronchak

Faunce Kuipers

Nays--0

In The Chair: Scranton

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

"An act to create a commission for the control of the alcoholic beverage traffic within this state, and to prescribe its powers, duties, and limitations; to provide for powers and duties for certain state departments and agencies; to impose certain taxes for certain purposes; to provide for the control of the alcoholic liquor traffic within this state and to provide for the power to establish state liquor stores; to provide for the care and treatment of alcoholics; to provide for the incorporation of farmer cooperative wineries and the granting of certain rights and privileges to those cooperatives; to provide for the licensing and taxation of activities regulated under this act and the disposition of the money received under this act; to prescribe liability for retail licensees under certain circumstances and to require security for that liability; to provide procedures, defenses, and remedies regarding violations of this act; to provide for the enforcement and to prescribe penalties for violations of this act; to provide for allocation of certain funds for certain purposes; to provide for the confiscation and disposition of property seized under this act; to provide referenda under certain circumstances; and to repeal acts and parts of acts,".

The House agreed to the full title.

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

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

Second Reading of Bills

Senate Bill No. 1172, entitled

A bill to amend 1967 PA 150, entitled "Michigan military act," by repealing section 421 (MCL 32.821).

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.

Senate Bill No. 764, entitled

A bill to amend 1945 PA 327, entitled "Aeronautics code of the state of Michigan," by amending sections 9 and 151 (MCL 259.9 and 259.151), as amended by 1996 PA 370.

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. 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.

Senate Bill No. 765, entitled

A bill to amend 1921 PA 207, entitled "City and village zoning act," by amending sections 1, 4, and 20 (MCL 125.581, 125.584, and 125.600), section 1 as amended by 1995 PA 36 and section 20 as added by 1996 PA 571.

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. 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.

Senate Bill No. 1292, 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.

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

The motion prevailed.

Senate Bill No. 795, entitled

A bill to amend 1978 PA 90, entitled "Youth employment standards act," by amending section 11 (MCL 409.111), as amended by 1996 PA 499.

The bill was read a second time.

Reps. Green and Rivet moved to amend the bill as follows:

1. Amend page 2, line 12, after "employed" by inserting "in farming operations involved in the production of seed or in agricultural processing".

2. Amend page 2, line 26, after "The" by inserting "agricultural processing."

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

"(4) As used in this section:

(a) "Agricultural processing" means the cleaning, sorting, or packaging of fruits or vegetables.

(b) "Farming operations involved in the production of seed" means farming activities and research involved in the production of seed, including plant detasseling, hand-pollination, roguing, or hoeing, and any other similar farming activity required for commercial seed production.".

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

Rep. Brater moved to amend the bill as follows:

1. Amend page 2, line 23, after "week." by inserting "HOWEVER, THE MINOR SHALL NOT BE REQUIRED BY AN EMPLOYER TO WORK MORE THAN 48 HOURS DURING ANY WEEK WITHOUT THE CONSENT OF THE MINOR.".

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

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

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

By unanimous consent the House returned to the order of

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:

Second 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 Senate and House agree to the Substitute of the House as passed by the House, amended to read as follows:

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, 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, section 20954 as amended by 2000 PA 314, and section 20965 as amended by 1999 PA 199.

THE PEOPLE OF THE STATE OF MICHIGAN ENACT:

Sec. 20902. (1) "Advanced life support" means patient care that may include any care a paramedic is qualified to provide by paramedic education that meets the educational requirements established by the department under section 20912 or is authorized to provide by the protocols established by the local medical control authority under section 20919 for a paramedic.

(2) "Aircraft transport operation" means a person licensed under this part to provide patient transport, for profit or otherwise, between health facilities using an aircraft transport vehicle.

(3) "Aircraft transport vehicle" means an aircraft that is primarily used or designated as available to provide patient transportation between health facilities and that is capable of providing patient care according to orders issued by the patient's physician.

(4) "Ambulance" means a motor vehicle or rotary aircraft that is primarily used or designated as available to provide transportation and basic life support, limited advanced life support, or advanced life support.

(5) "Ambulance operation" means a person licensed under this part to provide emergency medical services and patient transport, for profit or otherwise.

(6) "Basic life support" means patient care that may include any care an emergency medical technician is qualified to provide by emergency medical technician education that meets the educational requirements established by the department under section 20912 or is authorized to provide by the protocols established by the local medical control authority under section 20919 for an emergency medical technician.

(7) "CLINICAL PRECEPTOR" MEANS AN INDIVIDUAL WHO IS DESIGNATED BY OR UNDER CONTRACT WITH AN EDUCATION PROGRAM SPONSOR FOR PURPOSES OF OVERSEEING THE STUDENTS OF AN EDUCATION PROGRAM SPONSOR DURING THE PARTICIPATION OF THE STUDENTS IN CLINICAL TRAINING.

(8) ~~(7)~~ "Disaster" means an occurrence of imminent threat of widespread or severe damage, injury, or loss of life or property resulting from a natural or man-made cause, including but not limited to, fire, flood, snow, ice, windstorm, wave action, oil spill, water contamination requiring emergency action to avert danger or damage, utility failure, hazardous peacetime radiological incident, major transportation accident, hazardous materials accident, epidemic, air contamination, drought, infestation, or explosion. Disaster does not include a riot or other civil disorder unless it directly results from and is an aggravating element of the disaster.

Sec. 20904. (1) "EDUCATION PROGRAM SPONSOR" MEANS A PERSON, OTHER THAN AN INDIVIDUAL, THAT MEETS THE STANDARDS OF THE DEPARTMENT TO CONDUCT TRAINING AT THE FOLLOWING LEVELS:

(A) MEDICAL FIRST RESPONDER.

(B) EMERGENCY MEDICAL TECHNICIAN.

(D) PARAMEDIC.

(E) EMERGENCY MEDICAL SERVICES INSTRUCTOR-COORDINATOR.

(2) ~~(1)~~ "Emergency" means a condition or situation in which an individual declares a need for immediate medical attention for any individual, or where that need is declared by emergency medical services personnel or a public safety official.

(3) ~~(2)~~ "Emergency medical services instructor-coordinator" means an individual licensed under this part to conduct and instruct emergency medical services education programs.

(4) ~~(3)~~ "Emergency medical services" means the emergency medical services personnel, ambulances, nontransport prehospital life support vehicles, aircraft transport vehicles, medical first response vehicles, and equipment required for transport or treatment of an individual requiring medical first response life support, basic life support, limited advanced life support, or advanced life support.

(5) ~~(4)~~ "Emergency medical services personnel" means a medical first responder, emergency medical technician, emergency medical technician specialist, paramedic, or emergency medical services instructor-coordinator.

(6) ~~(5)~~ "Emergency medical services system" means a comprehensive and integrated arrangement of the personnel, facilities, equipment, services, communications, MEDICAL CONTROL, and organizations necessary to provide emergency medical services AND TRAUMA CARE within a particular geographic region.

(7) ~~(6)~~ "Emergency medical technician" means an individual who is licensed by the department to provide basic life support.

(8) ~~(7)~~ "Emergency medical technician specialist" means an individual who is licensed by the department to provide limited advanced life support.

(9) ~~(8)~~ "Emergency patient" means an individual ~~whose~~ WITH A physical or mental condition ~~is such that the individual is, or may reasonably be suspected or known to be, in imminent danger of loss of life or of significant health impairment.~~ THAT MANIFESTS ITSELF BY ACUTE SYMPTOMS OF SUFFICIENT SEVERITY, INCLUDING, BUT NOT LIMITED TO, PAIN SUCH THAT A PRUDENT LAYPERSON, POSSESSING AVERAGE KNOWLEDGE OF HEALTH AND MEDICINE, COULD REASONABLY EXPECT TO RESULT IN 1 OR ALL OF THE FOLLOWING:

(A) PLACING THE HEALTH OF THE INDIVIDUAL OR, IN THE CASE OF A PREGNANT WOMAN, THE HEALTH OF THE PATIENT OR THE UNBORN CHILD, OR BOTH, IN SERIOUS JEOPARDY.

(B) SERIOUS IMPAIRMENT OF BODILY FUNCTION.

(10) "EXAMINATION" MEANS A WRITTEN AND PRACTICAL EVALUATION APPROVED OR DEVELOPED BY THE NATIONAL REGISTRY OF EMERGENCY MEDICAL TECHNICIANS OR OTHER ORGANIZATION WITH EQUIVALENT NATIONAL RECOGNITION AND EXPERTISE IN EMERGENCY MEDICAL SERVICES PERSONNEL TESTING AND APPROVED BY THE DEPARTMENT.

Sec. 20906. (1) "Life support agency" means an ambulance operation, nontransport prehospital life support operation, aircraft transport operation, or medical first response service.

(2) "Limited advanced life support" means patient care that may include any care an emergency medical technician specialist is qualified to provide by emergency medical technician specialist education that meets the educational requirements established by the department under section 20912 or is authorized to provide by the protocols established by the local medical control authority under section 20919 for an emergency medical technician specialist.

(3) "Local governmental unit" means a county, city, village, charter township, or township.

(4) "Medical control" means supervising AND COORDINATING emergency medical services through a medical control authority, AS PRESCRIBED, ADOPTED, AND ENFORCED THROUGH DEPARTMENT-APPROVED PROTOCOLS, within an emergency medical services system.

(5) "Medical control authority" means an organization designated by the department under section ~~20910(1)(k)~~ 20910(1)(G) to provide medical control.

(6) "Medical director" means a physician who is appointed to that position by a medical control authority under section 20918.

(7) "Medical first responder" means an individual who has met the educational requirements of a department approved medical first responder course and who is licensed to provide medical first response life support as part of a medical first response service or as a driver of an ambulance that provides basic life support services only.

(8) "Medical first response life support" means patient care that may include any care a medical first responder is qualified to provide by medical first responder education that meets the educational requirements established by the department under section 20912 or is authorized to provide by the protocols established by the local medical control authority under section 20919 for a medical first responder.

(9) "Medical first response service" means a person licensed by the department to respond under medical control to an emergency scene with a medical first responder and equipment required by the department ~~prior to~~ BEFORE the arrival of an ambulance, and includes a fire suppression agency only ~~when~~ IF it is dispatched for medical first response life support. Medical first response service does not include a law enforcement agency, as defined in section 8 of ~~Act No.319 of the Public Acts of 1968, being section 28.258 of the Michigan Compiled Laws~~ 1968 PA 319, MCL 28.258, unless the law enforcement agency holds itself out as a medical first response service and the unit responding was dispatched to provide medical first response life support.

(10) "Medical first response vehicle" means a motor vehicle staffed by at least 1 medical first responder and meeting equipment requirements of the department.

Sec. 20908. (1) "Nonemergency patient" means an individual who is transported by stretcher, isolette, cot, or litter but whose physical or mental condition is such that the individual may reasonably be suspected of not being in imminent danger of loss of life or of significant health impairment.

(2) "Nontransport prehospital life support operation" means a person licensed under this part to provide, for profit or otherwise, basic life support, limited advanced life support, or advanced life support at the scene of an emergency.

(3) "Nontransport prehospital life support vehicle" means a motor vehicle that is used to provide basic life support, limited advanced life support, or advanced life support, and is not intended to transport patients.

(4) "ONGOING EDUCATION PROGRAM SPONSOR" MEANS AN EDUCATION PROGRAM SPONSOR THAT PROVIDES CONTINUING EDUCATION FOR EMERGENCY MEDICAL SERVICES PERSONNEL.

(5) ~~(4)~~ "Paramedic" means an individual licensed under this part to provide advanced life support.

(6) ~~(5)~~ "Patient" means an emergency patient or a nonemergency patient.

(7) ~~(6)~~ "Person" means a person as defined in section 1106 or a governmental entity other than an agency of the United States.

(8) "PROFESSIONAL STANDARDS REVIEW ORGANIZATION" MEANS A COMMITTEE ESTABLISHED BY A LIFE SUPPORT AGENCY OR A MEDICAL CONTROL AUTHORITY FOR THE PURPOSE OF IMPROVING THE QUALITY OF MEDICAL CARE.

(9) ~~(7)~~ "Protocol" means a patient care standard, standing orders, policy, or procedure for providing emergency medical services that is established by a medical control authority and approved by the department under section 20919.

(8) "State health plan" means the health plan prepared by the state health planning council pursuant to the Michigan health planning and health policy development act, Act No.323 of the Public Acts of 1978, being sections 325.2001 to 325.2031 of the Michigan Compiled Laws.

(10) ~~(9)~~ "Statewide emergency medical services communications system" means a system that integrates each emergency medical services system with a centrally coordinated dispatch and resource coordination facility utilizing the universal emergency telephone number, 9-1-1, when that number is appropriate, or any other designated emergency telephone number, a statewide emergency medical 2-way radio communications network, and linkages with the statewide emergency preparedness communications system.

(11) ~~(10)~~ "Volunteer" means an individual who provides services regulated under this part without expecting or receiving money, goods, or services in return for providing those services, except for reimbursement for expenses necessarily incurred in providing those services.

Sec. 20910. (1) The department shall do all of the following:

(a) Be responsible for the development, coordination, and administration of a statewide emergency medical services system.

(b) Facilitate and promote programs of public information and education concerning emergency medical services.

(c) In case of actual disasters and disaster training drills and exercises, provide emergency medical services resources pursuant to applicable provisions of the Michigan emergency preparedness plan, or as prescribed by the director of emergency services pursuant to the emergency ~~preparedness~~ MANAGEMENT act, ~~Act No.390 of the Public Acts of 1976, being sections 30.401 to 30.420 of the Michigan Compiled Laws~~ 1976 PA 390, MCL 30.401 TO 30.420.

(d) Consistent with the rules of the federal communications commission, plan, develop, coordinate, and administer a statewide emergency medical services communications system.

~~(e) Develop a program of hospital inventory that identifies hospitals as follows:~~

~~(i) Hospitals licensed under part 215 that have established specialty care capabilities.~~

~~(ii) Hospitals licensed under part 215 that meet applicable federal or state standards for the operation of a trauma center.~~

~~(f) Develop criteria for and a program of triennial categorization of emergency department capabilities of hospitals licensed under part 215.~~

~~(g) Assist in the development of the emergency medical services portions of the state health plan and statewide health priorities.~~

(E) ~~(h)~~ Develop and maintain standards of emergency medical services and personnel as follows:

(i) License emergency medical services personnel in accordance with this part.

(ii) License ambulance operations, nontransport prehospital life support operations, and medical first response services in accordance with this part.

(iii) At least annually, inspect or provide for the inspection of ~~ambulance operations and nontransport prehospital life support operations in accordance with this part~~ EACH LIFE SUPPORT AGENCY, EXCEPT MEDICAL FIRST RESPONSE SERVICES. AS PART OF THAT INSPECTION, THE DEPARTMENT SHALL CONDUCT RANDOM INSPECTIONS OF LIFE SUPPORT VEHICLES. IF A LIFE SUPPORT VEHICLE IS DETERMINED BY THE DEPARTMENT TO BE OUT OF COMPLIANCE, THE DEPARTMENT SHALL GIVE THE LIFE SUPPORT AGENCY 24 HOURS TO BRING THE LIFE SUPPORT VEHICLE INTO COMPLIANCE. IF THE LIFE SUPPORT VEHICLE IS NOT BROUGHT INTO COMPLIANCE IN THAT TIME PERIOD, THE DEPARTMENT SHALL ORDER THE LIFE SUPPORT VEHICLE TAKEN OUT OF SERVICE UNTIL THE LIFE SUPPORT AGENCY DEMONSTRATES TO THE DEPARTMENT, IN WRITING, THAT THE LIFE SUPPORT VEHICLE HAS BEEN BROUGHT INTO COMPLIANCE.

(iv) Promulgate rules to establish and maintain minimum requirements for patient care equipment and safety equipment for ambulances, aircraft transport vehicles, nontransport prehospital life support vehicles, and medical first response vehicles under this part and publish lists of the minimum required equipment. The department shall submit proposed changes in these requirements to the state emergency medical services coordination committee and provide a reasonable time for the committee's review and comment before beginning the rule making process THE REQUIREMENTS FOR LICENSURE OF LIFE SUPPORT AGENCIES, VEHICLES, AND INDIVIDUALS LICENSED UNDER THIS PART TO PROVIDE EMERGENCY MEDICAL SERVICES AND OTHER RULES NECESSARY TO IMPLEMENT THIS PART. THE DEPARTMENT SHALL SUBMIT ALL PROPOSED RULES AND CHANGES TO THE STATE EMERGENCY MEDICAL SERVICES COORDINATION COMMITTEE AND PROVIDE A REASONABLE TIME FOR THE COMMITTEE'S REVIEW AND RECOMMENDATIONS BEFORE SUBMITTING THE RULES FOR PUBLIC HEARING UNDER THE ADMINISTRATIVE PROCEDURES ACT OF 1969.

(i) Promulgate rules to establish and maintain vehicle standards for ambulances. The department shall submit the proposed standards and proposed changes to the state emergency medical services coordination committee and provide a reasonable time for the committee's review and comment before beginning the rule making process.

(F) ~~(j)~~ Promulgate rules to establish and maintain standards for and regulate the use of descriptive words, phrases, symbols, or emblems that represent or denote that an ambulance operation, nontransport prehospital life support operation, or medical first response service is or may be provided. The department's authority to regulate use of the descriptive devices includes use for the purposes of advertising, promoting, or selling the services rendered by an ambulance operation, nontransport prehospital life support operation, or medical first response service, or by emergency medical services personnel.

(G) ~~(k)~~ Designate a medical control authority as the medical control for emergency medical services for a particular geographic region as provided for under this part.

(H) ~~(l)~~ Develop and implement field studies involving the use of skills, techniques, procedures, or equipment that are not included as part of the standard education for medical first responders, emergency medical technicians, emergency medical technician specialists, or paramedics, if all of the following conditions are met:

(i) The state emergency medical services coordination committee reviews the field study prior to implementation.

(ii) The field study is conducted in an area for which a medical control authority has been approved pursuant to subdivision ~~(k)~~ (G).

(iii) The medical first responders, emergency medical technicians, emergency medical technician specialists, and paramedics participating in the field study receive training for the new skill, technique, procedure, or equipment.

(I) ~~(m)~~ Collect data as necessary to assess the need for and quality of emergency medical services throughout the state PURSUANT TO 1967 PA 270, MCL 331.531 TO 331.533.

(J) (n) Conduct an in-depth assessment of the unique needs of rural communities and rural health care agencies concerning the provision of emergency medical services. At a minimum, the assessment shall include an analysis of training programs, medical procedures, recruitment and utilization of volunteers, vehicle and equipment needs, and systems coordination. In conducting the assessment, the department shall solicit and obtain active participation and input from rural communities and rural emergency medical services providers. No later than 18 months after the effective date of this part, the department shall submit a written report detailing its findings and recommendations to the standing committees of the senate and the house of representatives having jurisdiction over public health matters. DEVELOP, WITH THE ADVICE OF THE EMERGENCY MEDICAL SERVICES COORDINATION COMMITTEE, AN EMERGENCY MEDICAL SERVICES PLAN THAT INCLUDES RURAL ISSUES.

(K) ~~(o)~~ Develop recommendations for territorial boundaries of medical control authorities that are designed to assure that there exists reasonable emergency medical services capacity within the boundaries for the estimated demand for emergency medical services.

(l) ~~(p)~~ Promulgate other rules to implement this part.

(M) ~~(q)~~ Perform other duties as set forth in this part.

(2) The department may do all of the following:

(a) ~~Promulgate~~ IN CONSULTATION WITH THE EMERGENCY MEDICAL SERVICES COORDINATION COMMITTEE, PROMULGATE rules to require an ambulance operation, nontransport prehospital life support operation, or medical first response service to periodically submit designated records and data for evaluation by the department.

(b) Establish a grant program or contract with a public or private agency, emergency medical services professional association, or emergency medical services coalition to provide training, public information, and assistance to medical control authorities and emergency medical services systems or to conduct other activities as specified in this part.

Sec. 20912. (1) The department shall perform all of the following with regard to educational programs and services:

(a) Review and approve education ~~programs~~ PROGRAM SPONSORS, ONGOING EDUCATION PROGRAM SPONSORS, and curricula for emergency medical services personnel. Approved EDUCATION programs ~~shall have provisions for written and practical examinations~~ and REFRESHER PROGRAMS SHALL BE COORDINATED BY A LICENSED EMERGENCY MEDICAL SERVICES INSTRUCTOR-COORDINATOR COMMENSURATE WITH LEVEL OF LICENSURE. APPROVED PROGRAMS CONDUCTED BY ONGOING EDUCATION PROGRAM SPONSORS shall be coordinated by a licensed emergency medical services instructor-coordinator.

~~(b) Review and approve all ongoing education programs for relicensure of emergency medical services personnel.~~

(B) ~~(c)~~Maintain a listing of approved ~~emergency medical education programs~~ EDUCATION PROGRAM SPONSORS and licensed emergency medical services instructor-coordinators.

(C) DEVELOP AND IMPLEMENT STANDARDS FOR ALL EDUCATION PROGRAM SPONSORS AND ONGOING EDUCATION PROGRAM SPONSORS BASED UPON CRITERIA RECOMMENDED BY THE EMERGENCY MEDICAL SERVICES COORDINATION COMMITTEE AND DEVELOPED BY THE DEPARTMENT.

(2) AN EDUCATION PROGRAM SPONSOR THAT CONDUCTS EDUCATION PROGRAMS FOR PARAMEDICS AND THAT RECEIVES ACCREDITATION FROM THE JOINT REVIEW COMMITTEE ON EDUCATIONAL PROGRAMS FOR THE EMT-PARAMEDIC OR OTHER ORGANIZATION APPROVED BY THE DEPARTMENT AS HAVING EQUIVALENT EXPERTISE AND COMPETENCY IN THE ACCREDITATION OF PARAMEDIC EDUCATION PROGRAMS IS CONSIDERED APPROVED BY THE DEPARTMENT UNDER SUBSECTION (1)(A) IF THE EDUCATION PROGRAM SPONSOR MEETS BOTH OF THE FOLLOWING REQUIREMENTS:

(A) SUBMITS AN APPLICATION TO THE DEPARTMENT THAT INCLUDES VERIFICATION OF ACCREDITATION DESCRIBED IN THIS SUBSECTION.

(B) MAINTAINS ACCREDITATION AS DESCRIBED IN THIS SUBSECTION.

Sec. 20915. (1) The state emergency medical services coordination committee is created in the department. ~~The~~ SUBJECT TO SUBSECTIONS (3) AND (5), THE director shall appoint the voting members of the committee as follows:

(a) Four representatives from the Michigan HEALTH AND hospital association OR ITS SUCCESSOR ORGANIZATION, at least 1 of whom is from a hospital located in a county with a population of not more than 100,000.

(b) Four representatives from the Michigan chapter of the American college of emergency physicians OR ITS SUCCESSOR ORGANIZATION, at least 1 of whom practices medicine in a county with a population of not more than 100,000.

(c) Three representatives from the Michigan association of ambulance services OR ITS SUCCESSOR ORGANIZATION, at least 1 of whom operates an ambulance service in a county with a population of not more than 100,000.

(d) Three representatives from the Michigan fire chiefs association OR ITS SUCCESSOR ORGANIZATION, at least 1 of whom is from a fire department located in a county with a population of not more than 100,000.

(e) Two representatives from the society of Michigan emergency medical services technician instructor-coordinators OR ITS SUCCESSOR ORGANIZATION, at least 1 of whom works in a county with a population of not more than 100,000.

(f) Two representatives from the Michigan association of emergency medical technicians OR ITS SUCCESSOR ORGANIZATION, at least 1 of whom practices in a county with a population of not more than 100,000.

(g) One representative from the Michigan association of air medical services OR ITS SUCCESSOR ORGANIZATION.

(h) One representative from the Michigan association of emergency medical services systems OR ITS SUCCESSOR ORGANIZATION.

(i) Three representatives from a statewide organization representing labor that deals with emergency medical services, at least 1 of whom represents emergency medical services personnel in a county with a population of not more than 100,000 AND AT LEAST 1 OF WHOM IS A MEMBER OF THE MICHIGAN PROFESSIONAL FIRE FIGHTERS UNION OR ITS SUCCESSOR ORGANIZATION.

(j) ~~Two consumers, at least 1 of whom resides in a county with a population of not more than 100,000~~ ONE CONSUMER.

(K) ONE INDIVIDUAL WHO IS AN ELECTED OFFICIAL OF A CITY, VILLAGE, OR TOWNSHIP LOCATED IN A COUNTY WITH A POPULATION OF NOT MORE THAN 100,000.

(2) In addition to the voting members appointed under subsection (1), the following shall serve as ex officio members of the committee without the right to vote:

(a) One representative of the office of health and medical affairs of the department of management and budget, appointed by the ~~department~~ DIRECTOR.

(b) One representative of the department OF CONSUMER AND INDUSTRY SERVICES, APPOINTED BY THE DIRECTOR.

(d) One member of the senate, appointed by the senate majority leader.

(3) The representatives of the organizations described in subsection (1) shall be appointed from among nominations made by each of those organizations.

(4) The voting members shall serve for a term of 3 years. except that of the voting members who are initially appointed to the committee, the director shall designate 6 members to serve 4-year terms, 12 members to serve 3-year terms, and 6 members to serve 2-year terms. A member who is unable to complete a term shall be replaced for the balance of the unexpired term.

(5) At least 1 voting member shall be from a county with a population of not more than 35,000 and at least 1 voting member shall be from a city with a population of not less than 900,000.

(6) The committee shall annually select a voting member to serve as chairperson.

(7) Meetings of the committee are subject to the open meetings act, ~~Act No.267 of the Public Acts of 1976, being sections 15.261 to 15.275 of the Michigan Compiled Laws~~ 1976 PA 267, MCL 15.261 TO 15.275. Thirteen voting members constitute a quorum for the transaction of business.

(8) The per diem compensation for the voting members and a schedule for reimbursement of expenses shall be as established by the legislature.

Sec. 20916. The state emergency medical services coordination committee CREATED IN SECTION 20915 shall do all of the following:

(a) Meet not less than twice annually at the call of the chairperson or the director.

~~(b) Serve as task force 2 pursuant to section 20126.~~

(B) ~~(c)~~ Provide for the coordination and exchange of information on emergency medical services programs and services.

(D) ~~(e)~~ Make recommendations to the department in the development of a comprehensive statewide emergency medical services program.

(E) ~~(f)~~ Advise the legislature and the department on matters concerning emergency medical services throughout the state.

(F) ~~(g) Provide the department with advisory recommendations on appeals of local medical control decisions~~ ISSUE OPINIONS ON APPEALS OF MEDICAL CONTROL AUTHORITY DECISIONS under section 20919 AND MAKE RECOMMENDATIONS BASED ON THOSE OPINIONS TO THE DEPARTMENT FOR THE RESOLUTION OF THOSE APPEALS.

(G) ~~(h)~~ Participate in educational activities, special studies, and the evaluation of emergency medical services as requested by the director.

(H) ~~(i)~~ Advise the department concerning vehicle standards for ambulances. ~~under section 20910(1)(i).~~

(I) ~~(j)~~Advise the department concerning minimum patient care equipment lists. ~~as required under section 20910(1)(h).~~

(J) ~~(k)~~ Advise the department on the standards required under section ~~20910(1)(j)~~ 20910(1)(F).

(K) ~~(l)~~ Appoint, with the advice and consent of the department, a statewide quality assurance task force to review and make recommendations to the department concerning approval of medical control authority applications and revisions concerning protocols under section 20919 and field studies under section ~~20910(1)(l)~~ 20910(1)(H), and conduct other quality assurance activities as requested by the director. A majority of the members of the task force shall be individuals who are not currently serving on the committee. The task force shall report its decisions, findings, and recommendations to the committee and the department.

(l) ADVISE THE DEPARTMENT CONCERNING REQUIREMENTS FOR CURRICULUM CHANGES FOR EMERGENCY MEDICAL SERVICES EDUCATIONAL PROGRAMS.

(M) ADVISE THE DEPARTMENT ON MINIMUM STANDARDS THAT EACH LIFE SUPPORT AGENCY MUST MEET FOR LICENSURE UNDER THIS PART.

Sec. 20918. (1) Each hospital licensed under part 215 AND EACH FREESTANDING SURGICAL OUTPATIENT FACILITY LICENSED UNDER PART 208 that operates a service for ~~admitting and~~ treating emergency patients 24 HOURS A DAY, 7 DAYS A WEEK AND MEETS STANDARDS ESTABLISHED BY MEDICAL CONTROL AUTHORITY PROTOCOLS shall be given the opportunity to participate in the ongoing planning and development activities of the local medical control authority designated by the department and shall adhere to protocols for providing services to a patient before care of the patient is transferred to hospital personnel, to the extent that those protocols apply to a hospital OR FREESTANDING SURGICAL OUTPATIENT FACILITY. ~~The department shall complete designation of local medical control authorities not later than December 31, 1991.~~ The department shall designate a medical control authority for each Michigan county or part of a county, except that the department may designate a medical control authority to cover 2 or more counties if the department ~~determines~~ AND AFFECTED MEDICAL CONTROL AUTHORITIES DETERMINE that the available resources would be better utilized with a multiple county medical control authority. In designating a medical control authority, the department shall assure that there is a reasonable relationship between the existing emergency medical services capacity in the geographical area to be served by the medical control authority and the estimated demand for emergency medical services in that area.

(2) A medical control authority shall be administered by the participating hospitals. A MEDICAL CONTROL AUTHORITY SHALL ACCEPT PARTICIPATION IN ITS ADMINISTRATION BY A FREESTANDING SURGICAL OUTPATIENT FACILITY LICENSED UNDER PART 208 IF THE FREESTANDING SURGICAL OUTPATIENT FACILITY OPERATES A SERVICE FOR TREATING EMERGENCY PATIENTS 24 HOURS A DAY, 7 DAYS A WEEK DETERMINED BY THE MEDICAL CONTROL AUTHORITY TO MEET THE APPLICABLE STANDARDS ESTABLISHED BY MEDICAL CONTROL AUTHORITY PROTOCOLS. Subject to subsection (4), the participating hospitals shall appoint an advisory body for the medical control authority that shall include, at a minimum, a representative of each type of ~~emergency medical services provider~~ LIFE SUPPORT AGENCY and each type of emergency medical services personnel functioning within the medical control authority's boundaries.

(3) With the advice of the advisory body of the medical control authority APPOINTED UNDER SUBSECTION (2), ~~the participating hospitals within~~ a medical control authority shall appoint a medical director of the medical control authority. The medical director shall be a physician who is board certified in emergency medicine BY A NATIONAL ORGANIZATION APPROVED BY THE DEPARTMENT, or who practices emergency medicine and is certified in both advanced cardiac life support and advanced trauma life support by a national organization approved by the department, and who meets other standards set forth in department rules. THE MEDICAL DIRECTOR IS RESPONSIBLE FOR MEDICAL CONTROL FOR THE EMERGENCY MEDICAL SERVICES SYSTEM SERVED BY THE MEDICAL CONTROL AUTHORITY.

(4) No more than 10% of the membership of the advisory body of a medical control authority shall be employees of the medical director or of an entity substantially owned or controlled by the medical director.

(5) A designated medical control authority shall operate in accordance with the terms of its designation.

(6) Each life support agency and individual licensed under this part is accountable to the medical control authority in the provision of emergency medical services, AS DEFINED IN PROTOCOLS DEVELOPED BY THE MEDICAL CONTROL AUTHORITY AND APPROVED BY THE DEPARTMENT UNDER THIS PART.

Sec. 20919. (1) A local medical control authority shall establish written protocols for the practice of life support agencies and licensed emergency medical services personnel within its region. The protocols shall be developed and adopted in accordance with procedures established by the department and shall include all of the following:

(a) The acts, tasks, or functions that may be performed by each type of emergency medical services personnel licensed under this part.

(b) Medical protocols to ensure the appropriate dispatching of a life support agency based upon medical need and the capability of the emergency medical services system.

(D) PROTOCOLS DEFINING THE PROCESS, ACTIONS, AND SANCTIONS A MEDICAL CONTROL AUTHORITY MAY USE IN HOLDING A LIFE SUPPORT AGENCY OR PERSONNEL ACCOUNTABLE.

(E) PROTOCOLS TO ENSURE THAT IF THE MEDICAL CONTROL AUTHORITY DETERMINES THAT AN IMMEDIATE THREAT TO THE PUBLIC HEALTH, SAFETY, OR WELFARE EXISTS, APPROPRIATE ACTION TO REMOVE MEDICAL CONTROL CAN IMMEDIATELY BE TAKEN UNTIL THE MEDICAL CONTROL AUTHORITY HAS HAD THE OPPORTUNITY TO REVIEW THE MATTER AT A MEDICAL CONTROL AUTHORITY HEARING. THE PROTOCOLS SHALL REQUIRE THAT THE HEARING IS HELD WITHIN 3 BUSINESS DAYS AFTER THE MEDICAL CONTROL AUTHORITY'S DETERMINATION.

(F) PROTOCOLS TO ENSURE THAT IF MEDICAL CONTROL HAS BEEN REMOVED FROM A PARTICIPANT IN AN EMERGENCY MEDICAL SERVICES SYSTEM, THE PARTICIPANT DOES NOT PROVIDE PREHOSPITAL CARE UNTIL MEDICAL CONTROL IS REINSTATED, AND THAT THE MEDICAL CONTROL AUTHORITY THAT REMOVED THE MEDICAL CONTROL NOTIFIES THE DEPARTMENT WITHIN 1 BUSINESS DAY OF THE REMOVAL.

(G) PROTOCOLS THAT ENSURE A QUALITY IMPROVEMENT PROGRAM IS IN PLACE WITHIN A MEDICAL CONTROL AUTHORITY AND PROVIDES DATA PROTECTION AS PROVIDED IN 1967 PA 270, MCL 331.531 TO 331.533.

(H) PROTOCOLS TO ENSURE THAT AN APPROPRIATE APPEALS PROCESS IS IN PLACE.

(2) A protocol established under this section shall not conflict with the Michigan do-not-resuscitate procedure act, 1996 PA 193, MCL 333.1051 TO 333.1067.

(3) The procedures established by the department for development and adoption of written protocols under this section shall comply with at least all of the following requirements:

(a) At least 60 days before adoption of a protocol, the medical control authority shall circulate a written draft of the proposed protocol to all significantly affected persons within the emergency medical services system served by the medical control authority and submit the written draft to the department for approval.

(b) The department shall review a proposed protocol for consistency with other protocols concerning similar subject matter that have already been established in this state and shall consider any written comments received from interested persons in its review.

(c) Not later than 60 days after receiving a written draft of a proposed protocol from a medical control authority, the department shall provide a written recommendation to the medical control authority with any comments or suggested changes on the proposed protocol. If the department does not respond within 60 days after receiving the written draft, the proposed protocol shall be considered to be approved by the department.

(d) After department approval of a proposed protocol, the medical control authority may formally adopt and implement the protocol.

(e) A medical control authority may establish an emergency protocol necessary to preserve the health or safety of individuals within its jurisdiction in response to a present medical emergency or disaster without following the procedures established by the department under this section for an ordinary protocol. An emergency protocol established under this subdivision ~~shall be~~ IS effective only for a limited time period and ~~shall~~ DOES not take permanent effect unless it is approved according to this subsection.

(4) A medical control authority shall provide an opportunity for an affected person to appeal decisions made by the medical control authority. After appeals to a medical control authority have been exhausted, an affected person may apply to the department for a variance from the medical control authority's decision. The department may grant the variance if it determines that the action is appropriate to protect the public health, safety, and welfare. The department shall impose a time limitation and may impose other conditions for the variance. A MEDICAL CONTROL AUTHORITY SHALL PROVIDE AN OPPORTUNITY FOR AN AFFECTED PARTICIPANT IN AN EMERGENCY MEDICAL SERVICES SYSTEM TO APPEAL A DECISION OF THE MEDICAL CONTROL AUTHORITY. FOLLOWING APPEAL, THE MEDICAL CONTROL AUTHORITY MAY AFFIRM, SUSPEND, OR REVOKE ITS ORIGINAL DECISION. AFTER APPEALS TO THE MEDICAL CONTROL AUTHORITY HAVE BEEN EXHAUSTED, THE AFFECTED PARTICIPANT IN AN EMERGENCY MEDICAL SERVICES SYSTEM MAY APPEAL THE MEDICAL CONTROL AUTHORITY'S DECISION TO THE STATEWIDE EMERGENCY MEDICAL SERVICES COORDINATION COMMITTEE. THE STATEWIDE EMERGENCY MEDICAL SERVICES COORDINATION COMMITTEE SHALL ISSUE AN OPINION ON WHETHER THE ACTIONS OR DECISIONS OF THE MEDICAL CONTROL AUTHORITY ARE IN ACCORDANCE WITH THE DEPARTMENT-APPROVED PROTOCOLS OF THE MEDICAL CONTROL AUTHORITY AND STATE LAW. IF THE STATEWIDE EMERGENCY MEDICAL SERVICES COORDINATION COMMITTEE DETERMINES IN ITS OPINION THAT THE ACTIONS OR DECISIONS OF THE MEDICAL CONTROL AUTHORITY ARE NOT IN ACCORDANCE WITH THE MEDICAL CONTROL AUTHORITY'S DEPARTMENT-APPROVED PROTOCOLS OR WITH STATE LAW, THE EMERGENCY MEDICAL SERVICES COORDINATION COMMITTEE SHALL RECOMMEND THAT THE DEPARTMENT TAKE ANY ENFORCEMENT ACTION AUTHORIZED UNDER THIS CODE.

(5) If adopted in protocols approved by the department, a medical control authority may require life support agencies within its region to meet reasonable additional standards for equipment and personnel, other than medical first responders, that may be more stringent than are otherwise required under this part. If a medical control authority establishes additional standards for equipment and personnel, the medical control authority and the department shall consider the medical and economic impact on the local community, the need for communities to do long-term planning, and the availability of personnel. If either the medical control authority or the department determines that negative medical or economic impacts outweigh the benefits of those additional standards as they affect public health, safety, and welfare, protocols containing those additional standards shall not be adopted.

(6) If a decision of the medical control authority UNDER SUBSECTION (5) is appealed by an affected person, the medical control authority shall make available, in writing, the medical and economic information it considered in making its decision. On appeal, the ~~department~~ STATEWIDE EMERGENCY MEDICAL SERVICES COORDINATION COMMITTEE shall review this information UNDER SUBSECTION (4) and shall issue its findings in writing.

Sec. 20920. (1) A person shall not establish, operate, or cause to be operated an ambulance operation unless the ambulance operation is licensed under this section.

(2) Upon proper application and payment of a $100.00 fee, the department shall issue a license as an ambulance operation to a person who meets the requirements of this part and the rules promulgated under this part.

(3) An applicant shall specify in the application each ambulance to be operated.

(4) An ambulance operation license shall specify the ambulances licensed to be operated.

(5) An ambulance operation license shall state the level of life support the ambulance operation is licensed to provide. An ambulance operation shall operate in accordance with this part, rules promulgated under this part, and approved ~~local~~ medical control authority protocols and shall not provide life support at a level that exceeds its license or violates approved ~~local~~ medical control authority protocols.

(6) An ambulance operation license may be renewed annually upon application to the department and payment of a $100.00 renewal fee. Before issuing a renewal license, the department shall determine that the ambulance operation is in compliance with this part, the rules promulgated under this part, and ~~local~~ medical control authority protocols.

(7) Beginning on ~~the effective date of the amendatory act that added this subsection~~ JULY 22, 1997, an ambulance operation that meets all of the following requirements may apply for an ambulance operation upgrade license under subsection (8):

(a) On or before ~~the effective date of the amendatory act that added this subsection~~ JULY 22, 1997, holds an ambulance operation license that designates the ambulance operation either as a transporting basic life support service or as a transporting limited advanced life support service.

(b) Is a transporting basic life support service, that is able to staff and equip 1 or more ambulances for the transport of emergency patients at a life support level higher than basic life support, or is a transporting limited advanced life support service, that is able to staff and equip 1 or more ambulances for the transport of emergency patients at the life support level of advanced life support.

(c) Is owned or operated by or under contract to a local unit of government and providing first-line emergency medical response to that local unit of government on or before ~~the effective date of the amendatory act that added this subsection~~ JULY 22, 1997.

(d) Will provide the services described in subdivision (b) only to the local unit of government described in subdivision (c), and only in response to a 911 call or other call for emergency transport.

(8) An ambulance operation meeting the requirements of subsection (7) that applies for an ambulance operation upgrade license shall include all of the following information in the application provided by the department:

(a) Verification of all of the requirements of subsection (7) including, but not limited to, a description of the staffing and equipment to be used in providing the higher level of life support services.

(b) If the applicant is a transporting basic life support service, a plan of action to upgrade from providing basic life support to providing limited advanced life support or advanced life support to take place over a period of not more than 2 years. If the applicant is a transporting limited advanced life support service, a plan of action to upgrade from providing limited advanced life support to providing advanced life support to take place over a period of not more than 2 years.

(c) The medical control authority protocols for the ambulance operation upgrade license, along with a recommendation from the medical control authority under which the ambulance operation operates that the ambulance operation upgrade license be issued by the department.

(d) Other information required by the department.

(9) The statewide emergency medical services ~~coordinating~~ COORDINATION committee shall review the information described in subsection (8)(c) and make a recommendation to the department as to whether or not an ambulance operation upgrade license should be granted to the applicant.

(10) Upon receipt of a completed application as required under subsection (8), a positive recommendation under subsection (9), and payment of a $100.00 fee, the department shall issue to the applicant an ambulance operation upgrade license. Subject to subsection (12), the license is valid for 2 years from the date of issuance and is renewable for 1 additional 2-year period. An application for renewal of an ambulance operation upgrade license shall contain documentation of the progress made on the plan of action described in subsection (8)(b). In addition, the medical control authority under which the ambulance operation operates shall annually file with the statewide emergency medical services ~~coordinating~~ COORDINATION committee a written report on the progress made by the ambulance operation on the plan of action described in subsection (8)(b), including, but not limited to, information on training, equipment, and personnel.

(11) If an ambulance operation is designated by its regular license as providing basic life support services, then an ambulance operation upgrade license issued under this section allows the ambulance operation to provide limited advanced life support services or advanced life support services when the ambulance operation is able to staff and equip 1 or more ambulances to provide services at the higher levels. If an ambulance operation is designated by its regular license as providing limited advanced life support services, then an ambulance operation upgrade license issued under this section allows the ambulance operation to provide advanced life support services when the ambulance operation is able to staff and equip 1 or more ambulances to provide services at the higher level. An ambulance operation shall not provide services under an ambulance operation upgrade license unless the medical control authority under which the ambulance operation operates has adopted protocols for the ambulance operation upgrade license regarding quality monitoring procedures, use and protection of equipment, and patient care.

(12) The department may revoke or fail to renew an ambulance operation upgrade license for a violation of this part or a rule promulgated under this part or for failure to comply with the plan of action filed under subsection (8)(b). An ambulance operation that obtains an ambulance operation upgrade license must annually renew its regular license under subsections (2) to (6). An ambulance operation's regular license is not affected by the following:

(a) The fact that the ambulance operation has obtained or renewed an ambulance operation upgrade license.

(b) The fact that an ambulance operation's ambulance operation upgrade license is revoked or is not renewed under this subsection.

(c) The fact that the ambulance operation's ambulance operation upgrade license expires at the end of the second 2-year period prescribed by subsection (10).

(13) ~~Within 3 years after the effective date of the amendatory act that added this subsection~~ BY JULY 22, 2000, the department shall file a written report to the legislature. The department shall include all of the following information in the report:

(a) The number of ambulance operations that were qualified under subsection (7) to apply for an ambulance operation upgrade license under subsection (8) during the 3-year period.

(b) The number of ambulance operations that in fact applied for an ambulance operation upgrade license during the 3-year period.

(c) The number of ambulance operations that successfully upgraded from being a transporting basic life support service to a transporting limited advanced service or a transporting advanced life support service or that successfully upgraded from being a transporting limited advanced life support service to a transporting advanced life support service under an ambulance operation upgrade license.

(d) The number of ambulance operations that failed to successfully upgrade, as described in subdivision (c), under an ambulance operation upgrade license, but that improved their services during the 3-year period.

(e) The number of ambulance operations that failed to successfully upgrade, as described in subdivision (c), under an ambulance operation upgrade license, and that showed no improvement or a decline in their services.

(f) The effect of the amendatory act that added this subsection on the delivery of emergency medical services in this state.

Sec. 20921. (1) An ambulance operation shall do all of the following:

(a) Provide at least 1 ambulance available for response to requests for emergency assistance on a 24-hour-a-day, 7-day-a-week basis in accordance with local medical control authority protocols.

(b) Respond or ensure that a response is provided to each request for emergency assistance originating from within the bounds of its service area.

(c) ~~If the ambulance operation operates under a medical control authority, operate only~~ OPERATE under the direction of ~~that~~ A medical control authority OR THE MEDICAL CONTROL AUTHORITIES WITH JURISDICTION OVER THE AMBULANCE OPERATION.

(d) Notify the department immediately of a change that would alter the information contained on its application for an ambulance operation license or renewal.

(e) Subject to section 20920(7) to (12), provide life support consistent with its license and approved local medical control authority protocols to each emergency patient without prior inquiry into ability to pay or source of payment.

(2) An ambulance operation shall not do 1 or more of the following:

(a) Knowingly provide a person with false or misleading information concerning the time at which an emergency response will be initiated or the location from which the response is being initiated.

(b) Induce or seek to induce any person engaging an ambulance to patronize a long-term care facility, mortuary, or hospital.

(c) Advertise, or permit advertising of, within or on the premises of the ambulance operation or within or on an ambulance, the name or the services of an attorney, accident investigator, nurse, physician, long-term care facility, mortuary, or hospital. If 1 of those persons or facilities owns or operates an ambulance operation, the person or facility may use its business name in the name of the ambulance operation and may display the name of the ambulance operation within or on the premises of the ambulance operation or within or on an ambulance.

(d) Advertise or disseminate information for the purpose of obtaining contracts under a name other than the name of the person holding an ambulance operation license or the trade or assumed name of the ambulance operation.

(e) If the ambulance operation is operating under an ambulance operation upgrade license issued under section 20920(7) to (12), advertise or otherwise hold itself out as a full-time transporting limited advanced life support service or a full-time transporting advanced life support service unless the ambulance operation actually provides those services on a 24-hour-per-day, 7-day-a-week basis.

(3) An ambulance operation shall not operate, attend, or permit an ambulance to be operated while transporting a patient unless the ambulance is, at a minimum, staffed as follows:

(a) If designated as providing basic life support, with at least 1 emergency medical technician and 1 medical first responder.

(b) If designated as providing limited advanced life support, with at least 1 emergency medical technician specialist and 1 emergency medical technician.

(4) Except as provided in subsection (5), an ambulance operation shall ensure that an emergency medical technician, an emergency medical technician specialist, or a paramedic is in the patient compartment of an ambulance while transporting an emergency patient.

(5) Subsection (4) does not apply to the transportation of a patient by an ambulance if the patient is accompanied in the patient compartment of the ambulance by an appropriate licensed health professional designated by a physician and after a physician-patient relationship has been established as prescribed in this part or the rules promulgated by the department under this part.

Sec. 20923. (1) Except as provided in section 20924(2), a person shall not operate an ambulance unless the ambulance is licensed under this section and is operated as part of a licensed ambulance operation.

(2) Upon proper application and payment of a $25.00 fee, the department shall issue an ambulance license or annual renewal for an ambulance that meets the requirements of this part and rules promulgated under this part. UPON PROPER APPLICATION AND PAYMENT OF A $25.00 FEE, THE DEPARTMENT SHALL ISSUE AN AMBULANCE LICENSE, OR ANNUAL RENEWAL OF AN AMBULANCE LICENSE, TO THE AMBULANCE OPERATION. RECEIPT OF THE APPLICATION BY THE DEPARTMENT SERVES AS ATTESTATION TO THE DEPARTMENT BY THE AMBULANCE OPERATION THAT THE AMBULANCE BEING LICENSED OR RENEWED IS IN COMPLIANCE WITH THE MINIMUM STANDARDS REQUIRED BY THE DEPARTMENT. THE INSPECTION OF AN AMBULANCE BY THE DEPARTMENT IS NOT REQUIRED AS A BASIS FOR LICENSURE RENEWAL, UNLESS OTHERWISE DETERMINED BY THE DEPARTMENT.

(3) An ambulance operation shall submit an application and fee to the department for each ambulance in service. Each application shall include a certificate of insurance for the ambulance in the amount and coverage required by the department.

(4) Upon purchase BY AN AMBULANCE OPERATION, an ambulance shall meet all vehicle standards established by the department under section ~~20910(1)(i)~~ 20910(E)(iv).

(5) Once licensed for service, an ambulance is not required to meet subsequently modified state vehicle standards during its use by the ambulance operation that obtained the license.

(6) Patient care equipment and safety equipment carried on an ambulance shall meet the minimum requirements prescribed by the department and the approved local medical control authority protocols.

(7) An ambulance shall be equipped with a communications system utilizing frequencies and procedures consistent with the statewide emergency medical services communications system developed by the department.

(8) An ambulance license is not transferable to another ambulance operation.

Sec. 20929. (1) A person shall not operate a nontransport prehospital life support vehicle unless the vehicle is licensed by the department under this section and is operated as part of a licensed nontransport prehospital life support operation.

(2) Upon proper application and payment of a $25.00 fee, the department shall issue a license or annual renewal for a nontransport prehospital life support vehicle if it meets the requirements of this part and rules promulgated under this part. UPON PROPER APPLICATION AND PAYMENT OF A $25.00 FEE, THE DEPARTMENT SHALL ISSUE A NONTRANSPORT PREHOSPITAL LIFE SUPPORT VEHICLE LICENSE OR ANNUAL RENEWAL TO THE APPLICANT NONTRANSPORT PREHOSPITAL LIFE SUPPORT OPERATION. RECEIPT OF THE APPLICATION BY THE DEPARTMENT SERVES AS ATTESTATION TO THE DEPARTMENT BY THE NONTRANSPORT PREHOSPITAL LIFE SUPPORT OPERATION THAT THE VEHICLE BEING LICENSED OR RENEWED IS IN COMPLIANCE WITH THE MINIMUM STANDARDS REQUIRED BY THE DEPARTMENT. THE INSPECTION OF A NONTRANSPORT PREHOSPITAL LIFE SUPPORT VEHICLE BY THE DEPARTMENT IS NOT REQUIRED AS A BASIS FOR ISSUING A LICENSURE RENEWAL, UNLESS OTHERWISE DETERMINED BY THE DEPARTMENT.

(3) A nontransport prehospital life support operation shall submit an application and required fee to the department for each vehicle in service. Each application shall include a certificate of insurance for the vehicle in the amount and coverage required by the department.

(4) A nontransport prehospital life support vehicle shall be equipped with a communications system utilizing frequencies and procedures consistent with the statewide emergency medical services communications system developed by the department.

(5) A nontransport prehospital life support vehicle shall be equipped according to the department's minimum equipment list and approved ~~local~~ medical control authority protocols based upon the level of life support the vehicle and personnel are licensed to provide.

Sec. 20934. (1) A person shall not operate an aircraft transport vehicle unless the vehicle is licensed by the department under this section and is operated as part of a licensed aircraft transport operation.

(2) Upon proper application and payment of a $100.00 fee, the department shall issue a license or annual renewal for an aircraft transport vehicle if it meets the requirements of this part and rules promulgated under this part. UPON PROPER APPLICATION AND PAYMENT OF A $100.00 FEE, THE DEPARTMENT SHALL ISSUE AN AIRCRAFT TRANSPORT VEHICLE LICENSE OR ANNUAL RENEWAL TO THE APPLICANT AIRCRAFT TRANSPORT OPERATION. RECEIPT OF THE APPLICATION BY THE DEPARTMENT SERVES AS ATTESTATION TO THE DEPARTMENT BY THE AIRCRAFT TRANSPORT OPERATION THAT THE VEHICLE IS IN COMPLIANCE WITH THE MINIMUM STANDARDS REQUIRED BY THE DEPARTMENT. THE INSPECTION OF AN AIRCRAFT TRANSPORT VEHICLE BY THE DEPARTMENT IS NOT REQUIRED AS A BASIS FOR LICENSURE RENEWAL, UNLESS OTHERWISE DETERMINED BY THE DEPARTMENT.

(3) An aircraft transport operation shall submit an application and required fee to the department for each vehicle in service. Each application shall include a certificate of insurance for the vehicle in the amount and coverage required by the department.

(4) An aircraft transport vehicle shall be equipped with a communications system utilizing frequencies and procedures consistent with the statewide emergency medical services communications system developed by the department.

(5) An aircraft transport vehicle shall be equipped according to the department's minimum equipment list based upon the level of life support the vehicle and personnel are licensed to provide.

Sec. 20950. (1) An individual shall not practice or advertise to practice as a medical first responder, emergency medical technician, emergency medical technician specialist, paramedic, or emergency medical services instructor-coordinator unless licensed to do so by the department.

(2) ~~Except as provided in subsection (4), the~~ THE department shall issue a license under this section only to an individual who meets all of the following requirements:

(a) Is 18 years of age or older.

(b) Has successfully completed the appropriate education program approved under section 20912.

(c) ~~Has~~ SUBJECT TO SUBSECTION (3), HAS attained a passing score on the appropriate department prescribed ~~written and practical examinations.~~ EXAMINATION, AS FOLLOWS:

(i) WITHIN 3 YEARS AFTER THE EFFECTIVE DATE OF THE AMENDATORY ACT THAT ADDED THIS SUBPARAGRAPH, A MEDICAL FIRST RESPONDER SHALL PASS THE WRITTEN EXAMINATION PROCTOREDBY THE DEPARTMENT OR THE DEPARTMENT'S DESIGNEE AND A PRACTICAL EXAMINATION APPROVEDBY THE DEPARTMENT. THE PRACTICAL EXAMINATION SHALL BE ADMINISTERED BY THE INSTRUCTORS OF THE MEDICAL FIRST RESPONDER COURSE. THE DEPARTMENT OR THE DEPARTMENT'S DESIGNEE MAY ALSO PROCTOR THE PRACTICAL EXAMINATION.

(ii) AN EMERGENCY MEDICAL TECHNICIAN, EMERGENCY MEDICAL TECHNICIAN SPECIALIST, AND A PARAMEDIC SHALL PASS THE WRITTEN EXAMINATION PROCTORED BY THE DEPARTMENT OR THE DEPARTMENT'S DESIGNEE AND A PRACTICAL EXAMINATION PROCTORED BY THE DEPARTMENT OR THE DEPARTMENT'S DESIGNEE.

(iii) THE FEE FOR THE WRITTEN EXAMINATIONS REQUIRED UNDER SUBPARAGRAPHS (i) AND (ii) SHALL BE PAID DIRECTLY TO THE NATIONAL REGISTRY OF EMERGENCY MEDICAL TECHNICIANS OR OTHER ORGANIZATION APPROVED BY THE DEPARTMENT.

(d) Meets other requirements of this part.

(3) EXCEPT AS OTHERWISE PROVIDED IN SUBSECTION (2)(C)(i), NOT MORE THAN 6 MONTHS AFTER THE EFFECTIVE DATE OF THE AMENDATORY ACT THAT ADDED THIS SUBSECTION, THE DEPARTMENT SHALL REQUIRE FOR PURPOSES OF COMPLIANCE WITH SUBSECTION (2)(C) SUCCESSFUL PASSAGE BY EACH FIRST-TIME APPLICANT OF AN EXAMINATION AS THAT TERM IS DEFINED IN SECTION 20904(10).

(4) ~~(3)~~ The department shall issue a license as an emergency medical services instructor-coordinator only to an individual who meets the requirements of subsection (2) for an emergency medical services instructor-coordinator and at the time of application is currently licensed as an emergency medical technician, emergency medical technician specialist, or paramedic and has at least 3 years' field experience as an emergency medical technician. THE DEPARTMENT SHALL PROVIDE FOR THE DEVELOPMENT AND ADMINISTRATION OF AN EXAMINATION FOR EMERGENCY MEDICAL SERVICES INSTRUCTOR-COORDINATORS.

(4) Until December 31, 1992, the department shall issue a medical first responder license to an individual who does not meet the requirement of subsection (2)(b) if the department determines that the individual is performing the functions of a medical first responder on the effective date of this part and meets the other requirements of subsection (2). Beginning on January 1, 1993, the department shall issue a medical first responder license only to an individual who meets all of the requirements of subsection (2).

(5) Except as provided by section 20952, a license under this section is effective for 3 years from THE date of ~~issue~~ ISSUANCE unless revoked or suspended by the department.

(6) Except as otherwise provided in subsection ~~(8)~~ (7), an applicant for licensure under this section shall pay ~~a fee for examination or reexamination as follows~~ THE FOLLOWING TRIENNIAL LICENSURE FEES:

(a) Medical first responder - no fee.

(b) Emergency medical technician - $40.00.

(d) Paramedic - $80.00.

(e) Emergency medical services instructor-coordinator - $100.00.

~~(7) The fee under subsection (6) for examination or reexamination shall include initial licensure if the applicant passes the examination or reexamination.~~

(7) ~~(8)~~ If a life support agency certifies to the department that an applicant for licensure under this section will act as a volunteer and if the life support agency does not charge for its services, the department shall not require the applicant to pay the fee required under subsection (6). If the applicant ceases to meet the definition of a volunteer under this part at any time during the effective period of his or her license and is employed as a licensee under this part, the applicant shall at that time pay the fee required under subsection (6).

Sec. 20954. (1) Upon proper application to the department and payment of the renewal fee under subsection (2), the department may renew a license for a medical first responder, emergency medical technician, emergency medical technician specialist, paramedic, or emergency medical services instructor-coordinator who meets the requirements of this part and completes required ongoing educational programs approved or developed by the department AN EMERGENCY MEDICAL SERVICES PERSONNEL LICENSE IF THE APPLICANT MEETS THE REQUIREMENTS OF THIS PART AND PROVIDES, UPON REQUEST OF THE DEPARTMENT, VERIFICATION OF HAVING MET ONGOING EDUCATION REQUIREMENTS ESTABLISHED BY THE DEPARTMENT. IF AN APPLICANT FOR RENEWAL FAILS TO PROVIDE THE DEPARTMENT WITH A CHANGE OF ADDRESS, THE APPLICANT SHALL PAY A $20.00 FEE IN ADDITION TO THE RENEWAL AND LATE FEES REQUIRED UNDER SUBSECTIONS (2) AND (3).

(2) Except as otherwise provided in subsection (5), an applicant for renewal of a license under section 20950 shall pay a renewal fee as follows:

(a) Medical first responder - no fee.

(b) Emergency medical technician - $25.00.

(d) Paramedic - $25.00.

(e) Emergency medical services instructor-coordinator - ~~$50.00~~ $25.00.

(3) Except as otherwise provided in subsection (5), if an application for renewal under subsection (1) is ~~received by the department~~ POSTMARKED after the date the license expires, the applicant shall pay a late fee in addition to the renewal fee under subsection (2) as follows:

(A) MEDICAL FIRST RESPONDER - $50.00.

(B) ~~(a)~~ Emergency medical technician - $50.00.

(D) ~~(c)~~ Paramedic - $50.00.

(E) ~~(d)~~ Emergency medical services instructor-coordinator - ~~$100.00~~ $50.00.

(4) A license or registration shall be renewed by the licensee on or before the expiration date as prescribed by rule. The department shall mail a notice to the licensee at the last known address on file with the department advising of the time, procedure, and fee for renewal. Failure of the licensee to receive notice under this subsection does not relieve the licensee of the responsibility for renewing his or her license. A license not renewed by the expiration date may be renewed within 60 days of the expiration date upon application, payment of renewal and late renewal fees, and fulfillment of any continued continuing education requirements set forth in rules promulgated under this article. The licensee may continue to practice and use the title during the 60-day period. If a license is not so renewed within 60 days of the expiration date, the license is void. The licensee shall not practice or use the title. An individual may be relicensed within 3 years of the expiration date upon application, payment of the application processing, renewal, and late renewal fees, and fulfillment of any continuing education requirements in effect at the time of the expiration date, or that would have been required had the individual renewed his or her license pursuant to subsection (1). An individual may be relicensed more than 3 years after the expiration date upon application as a new applicant, meeting all licensure requirements in effect at the time of application, taking or retaking and passing any examinations required for initial licensure, and payment of fees required of new applicants.

(5) If a life support agency certifies to the department that an applicant for renewal under this section is a volunteer and if the life support agency does not charge for its services, the department shall not require the applicant to pay the fee required under subsection (2) or a late fee under subsection (3). If the applicant for renewal ceases to meet the definition of a volunteer under this part at any time during the effective period of his or her license renewal and is employed as a licensee under this part, the applicant for renewal shall at that time pay the fee required under subsection (2).

(6) AN INDIVIDUAL SEEKING RENEWAL UNDER THIS SECTION IS NOT REQUIRED TO MAINTAIN NATIONAL REGISTRY STATUS AS A CONDITION OF LICENSE RENEWAL.

Sec. 20956. (1) A medical first responder, an emergency medical technician, an emergency medical technician specialist, or a paramedic shall not provide life support at a level that is inconsistent with his or her education, licensure, or AND approved ~~local~~ medical control authority protocols.

(2) A medical first responder, emergency medical technician, emergency medical technician specialist, or paramedic may perform techniques required in implementing a field study authorized under section ~~20910(1)(l)~~ 20910(1)(H) if he or she receives training for the skill, technique, procedure, or equipment involved in the field study.

Sec. 20958. (1) The department may deny, revoke, or suspend an emergency medical services personnel license upon finding that an applicant or licensee meets 1 or more of the following:

(a) Is guilty of fraud or deceit in procuring or attempting to procure licensure.

(b) Has illegally obtained, possessed, used, or distributed drugs.

(d) Has knowingly violated, or aided or abetted others in the violation of, this part or rules promulgated under this part.

(e) Is not performing in a manner consistent with his or her education, or licensure, OR APPROVED MEDICAL CONTROL AUTHORITY PROTOCOLS.

(f) Is physically or mentally incapable of performing his or her prescribed duties.

(g) Has been convicted of a criminal offense under sections 520a to 520l of the Michigan penal code, ~~Act No.328 of the Public Acts of 1931, being sections 750.520a to 750.520l of the Michigan Compiled Laws~~ 1931 PA 328, MCL 750.520A TO 750.520l. A certified copy of the court record is conclusive evidence of the conviction.

(h) Has been convicted of a misdemeanor or felony reasonably related to and adversely affecting the ability to practice in a safe and competent manner. A certified copy of the court record is conclusive evidence ~~as to~~ OF the conviction.

(2) The department shall provide notice of intent to deny, revoke, or suspend an emergency services personnel license and opportunity for a hearing according to ~~the provisions of~~ section 20166.

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, SUBJECT TO SUBSECTION (5), 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).

(5) THE LIMITATION ON LIABILITY GRANTED TO A CLINICAL PRECEPTOR UNDER SUBSECTION (1) APPLIES ONLY TO AN ACT OR OMISSION OF THE CLINICAL PRECEPTOR RELATING DIRECTLY TO A STUDENT'S CLINICAL TRAINING ACTIVITY OR RESPONSIBILITY WHILE THE CLINICAL PRECEPTOR IS PHYSICALLY PRESENT WITH THE STUDENT DURING THE CLINICAL TRAINING ACTIVITY, AND DOES NOT APPLY TO AN ACT OR OMISSION OF THE CLINICAL PRECEPTOR DURING THAT TIME THAT INDIRECTLY RELATES OR DOES NOT RELATE TO THE STUDENT'S CLINICAL TRAINING ACTIVITY OR RESPONSIBILITY.

Sec. 20975. The department ~~shall~~ MAY promulgate rules to implement this part.

Sec. 20977. (1) ~~Rules~~ EXCEPT AS OTHERWISE PROVIDED IN SUBSECTION (2), RULES promulgated to implement former parts 32, 203, or 207 of this act and in effect on ~~the effective date of this section shall~~ JULY 22, 1990 DO NOT continue, ~~to the extent that they do not conflict with this part, and shall be considered as rules promulgated under this part~~ AND ARE CONSIDERED AS RESCINDED.

(2) SUBSECTION (1) DOES NOT APPLY TO RULES THAT HAVE BEEN IDENTIFIED AS BEING APPLICABLE WITHIN 6 MONTHS AFTER THE EFFECTIVE DATE OF THE AMENDATORY ACT THAT ADDED THIS SUBSECTION, AS RECOMMENDED BY THE DEPARTMENT AND APPROVED BY THE STATEWIDE EMERGENCY MEDICAL SERVICES COORDINATION COMMITTEE.

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, 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, section 20954 as amended by 2000 PA 314, and section 20965 as amended by 1999 PA 199.

Dale Shugars

John J.H. Schwarz, M.D.

Raymond M. Murphy

Conferees for the Senate

Gerald Law

Paul DeWeese

Mark Schauer

Conferees for the House

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

Rep. Raczkowski moved pursuant to Joint Rule 9, that the Journal printing requirement be suspended, printed copies of the second conference report having been placed on the members' desks.

The motion prevailed.

The question being on the adoption of the second conference report,

The second conference report was then adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 1049 Yeas--79

Basham Faunce Kilpatrick Richardville

Birkholz Frank Koetje Richner

Bisbee Garcia Kowall Rison

Bishop Garza Kuipers Rocca

Bogardus Geiger LaSata Sanborn

Bovin Godchaux Law Schauer

Brater Gosselin Lemmons Schermesser

Brown, B. Green Lockwood Scott

Brown, C. Hager Mans Scranton

Byl Hansen Mead Shulman

Cassis Hardman Middaugh Spade

Cherry Hart O'Neil Stamas

Clark, I. Howell Pappageorge Tabor

Clarke, H. Jacobs Patterson Thomas

Daniels Jamnick Pestka Toy

DeHart Jelinek Price Van Woerkom

DeRossett Jellema Pumford Vander Roest

DeVuyst Johnson, Ruth Quarles Voorhees

DeWeese Julian Raczkowski Woodward

Ehardt Kelly Reeves

Nays--23

Allen Gilbert Mortimer Switalski

Bradstreet Hale Neumann Tesanovich

Brewer Jansen Prusi Vear

Callahan Johnson, Rick Rivet Wojno

Caul LaForge Shackleton Woronchak

Gieleghem Martinez Sheltrown

In The Chair: Scranton

Reports of Standing Committees

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

House Bill No. 5897, entitled

A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding section 20188.

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 5897 To Report Out:

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

Nays: None.

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

Senate Bill No. 1418, entitled

A bill to amend 1939 PA 280, entitled "The social welfare act," (MCL 400.1 to 400.119b) by adding section 109g.

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 1418 To Report Out:

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

Nays: Rep. Dennis.

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

Senate Bill No. 1419, entitled

A bill to amend 1939 PA 280, entitled "The social welfare act," (MCL 400.1 to 400.119b) by adding section 109f.

With the recommendation that the bill pass.

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

Favorable Roll Call

SB 1419 To Report Out:

Yeas: Reps. Law, DeWeese, DeRossett, Ehardt, Ruth Johnson, Raczkowski, Rocca, Vear, Baird, Jacobs, Neumann, Woodward,

Nays: Rep. Dennis.

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

Senate Bill No. 1426, entitled

A bill to amend 1980 PA 350, entitled "The nonprofit health care corporation reform act," by amending section 403 (MCL 550.1403).

With the recommendation that the bill pass.

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

Favorable Roll Call

SB 1426 To Report Out:

Yeas: Reps. Law, DeRossett, Ehardt, Gosselin, Ruth Johnson, Raczkowski, Rocca, Vear, Schauer, Jacobs, Neumann, 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, November 30, 2000, at 10:30 a.m.,

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

Absent: Reps. Green, Reeves,

Excused: Reps. Green, Reeves.

The Committee on House Oversight and Operations, by Rep. Raczkowski, Chair, reported

Senate Bill No. 1348, entitled

A bill to create the office of state poet laureate in the executive branch; to provide for the appointment and term of certain state officers; and to impose duties and responsibilities on certain state officers.

With the recommendation that the bill pass.

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

Favorable Roll Call

SB 1348 To Report Out:

Yeas: Reps. Raczkowski, Howell, Ruth Johnson, Shackleton,

Nays: None.

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, December 5, 2000, at 9:30 a.m.,

Present: Reps. Raczkowski, Howell, Ruth Johnson, Shackleton, Brewer,

Absent: Reps. Rivet, DeHart,

Excused: Reps. Rivet, DeHart.

The Committee on Insurance and Financial Services, by Rep. Bisbee, Vice-Chair, reported

Senate Bill No. 1432, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending section 3104 (MCL 500.3104), as amended by 1980 PA 445.

With the recommendation that the bill pass.

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

Favorable Roll Call

SB 1432 To Report Out:

Yeas: Reps. Bisbee, Bishop, DeVuyst, Ehardt, Hager, Rick Johnson, Julian, Richner, Shackleton, Van Woerkom, O'Neil,

Nays: Reps. Clark, Daniels, Hale.

The Committee on Insurance and Financial Services, by Rep. Bisbee, Vice-Chair, reported

Senate Bill No. 1433, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending section 834 (MCL 500.834), as amended by 1995 PA 274.

With the recommendation that the bill pass.

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

Favorable Roll Call

SB 1433 To Report Out:

Yeas: Reps. Bisbee, Bishop, DeVuyst, Ehardt, Hager, Rick Johnson, Julian, Richner, Shackleton, Van Woerkom, O'Neil,

Nays: Reps. Clark, Daniels, Hale.

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Bisbee, Vice-Chair of the Committee on Insurance and Financial Services, was received and read:

Meeting held on: Tuesday, December 5, 2000, at 9:00 a.m.,

Present: Reps. Bisbee, Bishop, DeVuyst, Ehardt, Hager, Rick Johnson, Julian, Richner, Shackleton, Van Woerkom, Wojno, Clark, Daniels, Hale, O'Neil, Scott, Thomas,

Absent: Reps. Sanborn, Law, Basham, Bob Brown,

Excused: Reps. Sanborn, Law, Basham, Bob Brown.

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

Senate Bill No. 267, entitled

A bill to amend 1986 PA 182, entitled "State police retirement act of 1986," by amending sections 3, 14, 25, and 26 (MCL 38.1603, 38.1614, 38.1625, and 38.1626), section 3 as amended by 1995 PA 192, section 14 as amended by 1989 PA 191, and section 26 as amended by 1991 PA 53, and by adding sections 13a and 40b.

With the recommendation that the bill pass.

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

Favorable Roll Call

SB 267 To Report Out:

Yeas: Reps. Geiger, Jellema, Cameron Brown, Byl, Caul, Godchaux, Jelinek, LaSata, Mead, Mortimer, Pappageorge, Pumford, Scranton, Stamas, Toy, Cherry, Frank, Kelly, Martinez, Pestka, Prusi, Tesanovich,

Nays: None.

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

Senate Bill No. 802, entitled

A bill to amend 1979 PA 94, entitled "The state school aid act of 1979," by amending section 32 (MCL 388.1632), as added by 1999 PA 119.

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 802 To Report Out:

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: Tuesday, December 5, 2000, at 9:00 a.m.,

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

Absent: Reps. Jansen, Price, Clarke, Stallworth,

Excused: Reps. Jansen, Price, Clarke, Stallworth.

The Committee on Transportation, by Rep. Gilbert, Vice-Chair, reported

House Bill No. 6177, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 303, 319, 320a, 625, 625m, 732, and 904d (MCL 257.303, 257.319, 257.320a, 257.625, 257.625m, 257.732, and 257.904d), sections 303 and 732 as amended by 1999 PA 73, section 319 as amended by 2000 PA 152, section 320a as amended by 1999 PA 40, section 625 as amended by 2000 PA 77, section 625m as amended by 1998 PA 347, and section 904d as amended by 1999 PA 267.

With the recommendation that the bill pass.

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

Favorable Roll Call

HB 6177 To Report Out:

Yeas: Reps. Rick Johnson, Gilbert, DeVuyst, Garcia, Hart, Ruth Johnson, Middaugh, Patterson, Shackleton, Tabor, Bovin, Brewer,

Nays: None.

The Committee on Transportation, by Rep. Gilbert, Vice-Chair, reported

Senate Bill No. 1012, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," (MCL 257.1 to 257.923) by amending the title and by adding section 230a.

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

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

Favorable Roll Call

SB 1012 To Report Out:

Yeas: Reps. Rick Johnson, Gilbert, DeVuyst, Garcia, Hart, Ruth Johnson, Middaugh, Tabor, Bovin, Brewer, Jamnick, Reeves,

Nays: Rep. Shackleton.

The Committee on Transportation, by Rep. Gilbert, Vice-Chair, reported

Senate Bill No. 1205, entitled

A bill to prescribe a tax on the sale and use of certain types of fuel in motor vehicles on the public roads or highways of this state and on certain other types of gas; to prescribe the manner and the time of collection and payment of this tax and the duties of officials and others pertaining to the payment and collection of this tax; to provide for the licensing of persons involved in the sale, use, or transportation of motor fuel and the collection and payment of the tax imposed by this act; to prescribe fees; to prescribe certain other powers and duties of certain state agencies and other persons; to provide for exemptions and refunds and for the disposition of the proceeds of this tax; to provide for appropriations from the proceeds of this tax; to prescribe remedies and penalties for the violation of this act; 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 1205 To Report Out:

Yeas: Reps. Rick Johnson, Gilbert, DeVuyst, Hart, Ruth Johnson, Middaugh, Patterson, Tabor, Bovin, Brewer, Jamnick, Reeves,

Nays: Rep. Shackleton.

The Committee on Transportation, by Rep. Gilbert, Vice-Chair, reported

Senate Bill No. 1264, entitled

A bill to amend 1945 PA 327, entitled "Aeronautics code of the state of Michigan," by amending section 203 (MCL 259.203).

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 1264 To Report Out:

Yeas: Reps. Rick Johnson, Gilbert, DeVuyst, Garcia, Hart, Ruth Johnson, Middaugh, Patterson, Shackleton, Tabor,

Nays: None.

The Committee on Transportation, by Rep. Gilbert, Vice-Chair, reported

Senate Bill No. 1265, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 71102 (MCL 324.71102), as added by 1995 PA 58.

With the recommendation that the bill pass.

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

Favorable Roll Call

SB 1265 To Report Out:

Yeas: Reps. Rick Johnson, Gilbert, DeVuyst, Garcia, Hart, Ruth Johnson, Middaugh, Patterson, Shackleton, Tabor, Brewer,

Nays: None.

The Committee on Transportation, by Rep. Gilbert, Vice-Chair, reported

Senate Bill No. 1266, entitled

A bill to amend 1980 PA 119, entitled "Motor carrier fuel tax act," by amending sections 1 and 4 (MCL 207.211 and 207.214), as amended by 1996 PA 584.

With the recommendation that the bill pass.

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

Favorable Roll Call

SB 1266 To Report Out:

Yeas: Reps. Rick Johnson, Gilbert, DeVuyst, Garcia, Hart, Ruth Johnson, Middaugh, Patterson, Shackleton, Tabor, Brewer,

Nays: None.

The Committee on Transportation, by Rep. Gilbert, Vice-Chair, reported

Senate Bill No. 1346, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 710g (MCL 257.710g), as added by 2000 PA 282.

With the recommendation that the bill pass.

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

Favorable Roll Call

SB 1346 To Report Out:

Yeas: Reps. Rick Johnson, Gilbert, DeVuyst, Garcia, Hart, Middaugh, Patterson, Shackleton, Tabor, Jamnick, Reeves,

Nays: None.

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, December 5, 2000, at 8:00 a.m.,

Present: Reps. Rick Johnson, Gilbert, DeVuyst, Garcia, Hart, Ruth Johnson, Middaugh, Patterson, Shackleton, Tabor, Bovin, Brewer, Jamnick, Reeves,

Absent: Reps. Kilpatrick, Lemmons, Schermesser,

Excused: Reps. Kilpatrick, Lemmons, Schermesser.

______

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

The motion prevailed.

Second Reading of Bills

Senate Bill No. 1432, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending section 3104 (MCL 500.3104), as amended by 1980 PA 445.

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.

Senate Bill No. 1433, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending section 834 (MCL 500.834), as amended by 1995 PA 274.

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.

Senate Bill No. 802, entitled

A bill to amend 1979 PA 94, entitled "The state school aid act of 1979," by amending section 32 (MCL 388.1632), as added by 1999 PA 119.

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

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

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

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

Senate Bill No. 267, entitled

The bill was read a second time.

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

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

Senate Bill No. 1418, entitled

A bill to amend 1939 PA 280, entitled "The social welfare act," (MCL 400.1 to 400.119b) by adding section 109g.

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

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

Reps. Schauer, DeWeese and Vander Roest moved to amend the bill as follows:

1. Amend page 2, line 4, after "MEMBERS." by striking out the balance of the subdivision.

2. Amend page 2, line 6, after "(E)" by striking out "FOUR" and inserting "FIVE".

3. Amend page 2, line 9, after "DISTURBANCE," by inserting "INDIVIDUALS WITH SUBSTANCE ABUSE DISORDERS,".

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

"(3) NO MEMBER APPOINTED UNDER SUBSECTION (2)(D) OR (E) SHALL PROVIDE DIRECT SERVICES FOR REIMBURSEMENT UNDER THIS ACT TO AN INDIVIDUAL WHO QUALIFIES FOR SPECIALTY SERVICES." and renumbering the remaining subsections.

5. Amend page 2, line 15, after "YEAR," by striking out "4" and inserting "5".

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

Rep. Schauer moved to amend the bill as follows:

1. Amend page 3, line 6, after "HEALTH" by inserting a comma and "DEVELOPMENTAL DISABILITIES,".

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

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

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

Senate Bill No. 1419, entitled

A bill to amend 1939 PA 280, entitled "The social welfare act," (MCL 400.1 to 400.119b) by adding section 109f.

The bill was read a second time.

Rep. Martinez moved to amend the bill as follows:

1. Amend page 1, line 5, after "DISORDER." by inserting "IF THE HEALTH CARE FINANCING ADMINISTRATION APPROVES THE WAIVER REQUESTED BY THE DEPARTMENT FOR MEDICAID-COVERED SPECIALTY SERVICES, INCLUDING MENTAL HEALTH,".

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

Rep. Brater moved to amend the bill as follows:

1. Amend page 1, line 9, after "109G." by inserting "QUALIFIED SPECIALTY PREPAID HEALTH PLANS SHALL BE EXISTING COMMUNITY MENTAL HEALTH SERVICES PROGRAMS OR OTHER NONPROFIT ENTITIES.".

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

Roll Call No. 1050 Yeas--63

Basham Frank Mans Rocca

Birkholz Garza Martinez Schauer

Bogardus Gieleghem Mead Schermesser

Bovin Hale Middaugh Scott

Brater Hansen Minore Scranton

Brewer Hardman Neumann Sheltrown

Brown, B. Howell O'Neil Spade

Byl Jacobs Pestka Switalski

Callahan Jamnick Price Tesanovich

Cherry Jelinek Prusi Thomas

Clark, I. Jellema Pumford Van Woerkom

Clarke, H. Kelly Quarles Vander Roest

Daniels Kilpatrick Raczkowski Wojno

DeHart LaForge Reeves Woodward

Ehardt Lemmons Rison Woronchak

Faunce Lockwood Rivet

Nays--38

Allen Geiger Koetje Richner

Bisbee Gilbert Kowall Sanborn

Bishop Gosselin Kuipers Shackleton

Bradstreet Green LaSata Shulman

Brown, C. Hager Law Stamas

Cassis Hart Mortimer Tabor

Caul Jansen Pappageorge Toy

DeRossett Johnson, Rick Patterson Vear

DeVuyst Johnson, Ruth Richardville Voorhees

Garcia Julian

In The Chair: Scranton

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.

Senate Bill No. 1173, entitled

A bill to amend 1969 PA 317, entitled "Worker's disability compensation act of 1969," by amending section 230 (MCL 418.230), as amended by 1994 PA 271.

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.

Senate Bill No. 911, entitled

A bill to amend 1995 PA 279, entitled "Horse racing law of 1995," by amending section 20 (MCL 431.320), as amended by 1997 PA 73.

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

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

Rep. Jellema moved to amend the bill as follows:

1. Amend page 1, line 7, after "a" by striking out "beneficial".

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

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

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

______

Rep. Kelly moved that Rep. LaForge be excused temporarily from today's session.

The motion prevailed.

By unanimous consent the House returned to the order of

Third Reading of Bills

Rep. Raczkowski moved that Senate Bill No. 764 be placed on its immediate passage.

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

Senate Bill No. 764, entitled

A bill to amend 1945 PA 327, entitled "Aeronautics code of the state of Michigan," by amending sections 9 and 151 (MCL 259.9 and 259.151), as amended by 1996 PA 370.

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

Roll Call No. 1051 Yeas--101

Allen Garcia Kowall Rison

Basham Garza Kuipers Rivet

Birkholz Geiger LaSata Rocca

Bisbee Gieleghem Law Sanborn

Bishop Gilbert Lemmons Schauer

Bogardus Godchaux Lockwood Schermesser

Bovin Gosselin Mans Scott

Bradstreet Green Martinez Scranton

Brater Hager Mead Shackleton

Brewer Hale Middaugh Sheltrown

Brown, B. Hansen Minore Shulman

Brown, C. Hardman Mortimer Spade

Byl Hart Neumann Stamas

Callahan Howell O'Neil Switalski

Cassis Jacobs Pappageorge Tabor

Caul Jamnick Patterson Tesanovich

Cherry Jansen Pestka Thomas

Clark, I. Jelinek Price Toy

Clarke, H. Jellema Prusi Van Woerkom

Daniels Johnson, Rick Pumford Vander Roest

DeHart Johnson, Ruth Quarles Vear

DeRossett Julian Raczkowski Voorhees

DeVuyst Kelly Reeves Wojno

DeWeese Kilpatrick Richardville Woodward

Ehardt Koetje Richner Woronchak

Frank

Nays--0

In The Chair: Scranton

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

"An act relating to aeronautics in this state; providing for the development and regulation thereof; creating a state aeronautics commission; prescribing powers and duties; providing for the licensing, or registration, or supervision and control of all aircraft, airports and landing fields, schools of aviation, flying clubs, airmen, aviation instructors, airport managers, manufacturers, dealers, and commercial operation in intrastate commerce; providing for rules pertaining thereto; prescribing a privilege tax for the use of the aeronautical facilities on the lands and waters of this state; providing for the acquisition, development, and operation of airports, landing fields, and other aeronautical facilities by the state and by political subdivisions; providing jurisdiction of crimes, torts, and contracts; providing police powers for those entrusted to enforce this act; providing for civil liability of owners, operators, and others; making hunting from aircraft unlawful; providing for repair station operators lien; providing for appeals from rules or orders issued by the commission; providing for the transfer from the Michigan board of aeronautics to the aeronautics commission all properties and funds held by the board of aeronautics; providing for a state aeronautics fund and making an appropriation therefor; prescribing penalties; and making uniform the law with reference to state development and regulation of aeronautics,".

The House agreed to the full title.

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

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

Rep. Raczkowski moved that Senate Bill No. 765 be placed on its immediate passage.

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

Senate Bill No. 765, 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. 1052 Yeas--98

Allen Frank LaForge Rivet

Basham Garcia LaSata Rocca

Birkholz Geiger Law Sanborn

Bisbee Gieleghem Lemmons Schauer

Bishop Gilbert Lockwood Schermesser

Bogardus Godchaux Mans Scott

Bovin Green Martinez Scranton

Bradstreet Hager Mead Shackleton

Brater Hale Middaugh Sheltrown

Brewer Hardman Minore Shulman

Brown, B. Hart Mortimer Spade

Brown, C. Howell Neumann Stamas

Byl Jacobs O'Neil Switalski

Callahan Jamnick Pappageorge Tabor

Cassis Jansen Patterson Tesanovich

Caul Jelinek Pestka Thomas

Cherry Jellema Price Toy

Clark, I. Johnson, Rick Prusi Van Woerkom

Clarke, H. Johnson, Ruth Pumford Vander Roest

DeHart Julian Quarles Vear

DeRossett Kelly Raczkowski Voorhees

DeVuyst Kilpatrick Reeves Wojno

DeWeese Koetje Richardville Woodward

Ehardt Kowall Richner Woronchak

Faunce Kuipers

Nays--0

In The Chair: Scranton

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 1921 PA 207, entitled "An act to provide for the establishment in cities and villages of districts or zones within which the use of land and structures and the height, area, size, and location of buildings may be regulated by ordinance, and for which districts regulations shall be established for the light and ventilation of those buildings, and for which districts or zones the density of population may be regulated by ordinance; to designate the use of certain state licensed residential facilities; to provide by ordinance for the acquisition by purchase, condemnation, or otherwise of private property that does not conform to the regulations and restrictions of the various zones or districts provided; to provide for the administering of this act; to provide for amendments, supplements, or changes in zoning ordinances, zones, or districts; to provide for conflict with the state housing code or other acts, ordinances, or regulations; to provide sanctions for the violation of this act; to authorize the purchase of development rights; to authorize the issuance of bonds and notes; and to provide for special assessments," by amending sections 4 and 20 (MCL 125.584 and 125.600), section 20 as added by 1996 PA 571, and by adding section 1a.

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.

By unanimous consent the House returned to the order of

Reports of Standing Committees

The Committee on Tax Policy, by Rep. Cassis, Chair, reported

House Bill No. 6014, entitled

A bill to amend 1937 PA 94, entitled "Use tax act," (MCL 205.91 to 205.111) by adding section 4x.

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 6014 To Report Out:

Yeas: Reps. Cassis, Woronchak, Allen, Gilbert, Gosselin, Koetje, Vander Roest, Vear, Quarles, Garza, Jamnick, O'Neil, Switalski,

Nays: Rep. Minore.

The Committee on Tax Policy, by Rep. Cassis, Chair, reported

Senate Bill No. 308, entitled

A bill to amend 1933 PA 167, entitled "General sales tax act," (MCL 205.51 to 205.78) by adding section 4h.

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 308 To Report Out:

Yeas: Reps. Cassis, Woronchak, Allen, Gilbert, Gosselin, Koetje, Vander Roest, Vear, Quarles, Garza, Jamnick, O'Neil, Switalski,

Nays: Rep. Minore.

The Committee on Tax Policy, by Rep. Cassis, Chair, reported

Senate Bill No. 1271, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," (MCL 206.1 to 206.532) by adding section 484.

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 1271 To Report Out:

Yeas: Reps. Cassis, Woronchak, Allen, Gilbert, Gosselin, Koetje, Vander Roest, Vear, Quarles, Minore, O'Neil, Switalski,

Nays: None.

The Committee on Tax Policy, by Rep. Cassis, Chair, reported

Senate Bill No. 1272, entitled

A bill to create incentives to locate and maintain agricultural processing facilities within this state; to create certain funds; to authorize expenditures from the funds; to finance the development of certain facilities; to provide for appropriations; and to prescribe the powers and duties of certain state officials.

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 1272 To Report Out:

Yeas: Reps. Cassis, Woronchak, Allen, Gilbert, Gosselin, Koetje, Vander Roest, Vear, Quarles, Minore, O'Neil, Switalski,

Nays: None.

The Committee on Tax Policy, by Rep. Cassis, Chair, reported

Senate Bill No. 1320, entitled

A bill to amend 1973 PA 186, entitled "Tax tribunal act," by amending section 35 (MCL 205.735), as amended by 2000 PA 165.

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 1320 To Report Out:

Yeas: Reps. Cassis, Woronchak, Gilbert, Gosselin, Koetje, Vander Roest, Vear, Quarles, Jamnick, Minore, O'Neil, Switalski,

Nays: Rep. Allen.

The Committee on Tax Policy, by Rep. Cassis, Chair, reported

Senate Bill No. 1345, entitled

A bill to amend 1975 PA 228, entitled "Single business tax act," by amending sections 35 and 35a (MCL 208.35 and 208.35a), section 35 as amended by 1998 PA 240 and section 35a as amended by 2000 PA 44.

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

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

Favorable Roll Call

SB 1345 To Report Out:

Yeas: Reps. Cassis, Woronchak, Allen, Gilbert, Gosselin, Koetje, Patterson, Vander Roest, Vear, Quarles, Garza, Jamnick, Minore, O'Neil, Switalski,

Nays: None.

The Committee on Tax Policy, by Rep. Cassis, Chair, reported

Senate Bill No. 1380, entitled

A bill to amend 1975 PA 228, entitled "Single business tax act," (MCL 208.1 to 208.145) by adding section 35b.

With the recommendation that the bill pass.

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

Favorable Roll Call

SB 1380 To Report Out:

Yeas: Reps. Cassis, Woronchak, Allen, Gosselin, Koetje, Vander Roest, Vear, Quarles, Garza, Minore, Switalski,

Nays: None.

The Committee on Tax Policy, by Rep. Cassis, Chair, reported

Senate Bill No. 1382, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending section 30 (MCL 206.30), as amended by 2000 PA 301.

With the recommendation that the bill pass.

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

Favorable Roll Call

SB 1382 To Report Out:

Yeas: Reps. Cassis, Woronchak, Gosselin, Koetje, Vander Roest, Vear, Quarles, Garza, Minore, Switalski,

Nays: None.

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, December 5, 2000, at 8:00 a.m.,

Present: Reps. Cassis, Woronchak, Allen, Faunce, Gilbert, Gosselin, Koetje, Patterson, Vander Roest, Vear, Quarles, Garza, Jamnick, Minore, O'Neil, Switalski,

Absent: Rep. Basham,

Excused: Rep. Basham.

By unanimous consent the House returned to the order of

Motions and Resolutions

Reps. Jellema, DeHart, Hansen, Cameron Brown, LaSata, Voorhees, Hager, Mead, Faunce, LaForge, Scott, Cherry, Kelly, DeRossett, DeVuyst, Allen, Neumann, Ehardt, Howell, Jacobs, Spade, Rivet, Vander Roest, Pappageorge, Raczkowski, Koetje, Toy, Vaughn, Prusi, Bishop, Richardville, Bogardus, Garcia, Jamnick, Birkholz, Vear, Hanley, Schauer, Tesanovich, Minore, Woodward, Kilpatrick, Shulman, Caul, Clarke, Perricone and Julian offered the following resolution:

House Resolution No. 441.

A resolution honoring Thomas L. Kamppinen upon his retirement from the Michigan Department of Environmental Quality, Environmental Assistance Division.

Whereas, It is a great pleasure to extend to Thomas L. Kamppinen this expression of our thanks and best wishes to Tom upon the occasion of his retirement from the Environmental Assistance Division of the Michigan Department of Environmental Quality. It is definitely a privilege to recognize a gentleman who has contributed so much of his time and talents to benefit our environment, specifically our water, in Michigan; and

Whereas, Tom began his career with the State of Michigan on June 24, 1968 as a water quality specialist with the Water Resources Commission. Over the years, Tom has administered several programs, such as the National Pollutant Discharge Elimination System permit program in 1973, the Soil Erosion and Sediment Control Act of 1974, and grants to communities in western and northern Michigan for construction of critical wastewater treatment systems; and

Whereas, In 1985, Tom was appointed to his current position as Chief of the Municipal Facilities section in the Environmental Assistance Division of the Michigan Department of Environmental Quality. During the last fifteen years, Tom has provided guidance and assistance to the legislature to help create and develop clean water legislation that would allow the state to obtain additional federal dollars. Since 1988, the State Revolving Loan Fund, which is overseen by Tom, has awarded over $1.25 billion in low interest loans to Michigan communities for clean water projects. I personally worked with Tom in 1996 to create the Safe Drinking Water Assistance program, which allowed Michigan communities to obtain low interest federal loans for necessary public water supply systems to assure safe drinking water for the citizens of Michigan; and

Whereas, Tom has been a responsible, good humored, even-tempered, fair minded, loyal, intelligent, and dedicated civil servant for over 31 years. He has worked diligently to serve the citizens of Michigan and to insure that Michigan's environment is protected and safe for future generations. It is a pleasure to join with Tom's family, friends, and co-workers in commending him for his professionalism and his unwavering service. May he know of our respect and warmest wishes for continued happiness; now, therefore, be it

Resolved by the House of Representatives, That we celebrate the retirement of Thomas L. Kamppinen; and be it further

Resolved, That a copy of the resolution be transmitted to Thomas L. Kamppinen as a token of our highest esteem.

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. Callahan, DeHart, Hansen, LaSata, Faunce, Wojno, Bob Brown, LaForge, Scott, Cherry, Kelly, DeRossett, Neumann, Gieleghem, Thomas, Ehardt, Jacobs, Spade, Rivet, Bovin, Koetje, Vaughn, Prusi, Bogardus, Rocca, Garcia, Jamnick, Basham, Vear, Hanley, Schauer, Tesanovich, Baird, Woodward, Kilpatrick, Clark, Clarke, Perricone and Julian offered the following resolution:

House Resolution No. 442.

A resolution in appreciation for the support during the 2000 election honoring Walter "Ralph" Mabry.

Whereas, It is a genuine pleasure to extend a special thank you to Mr. Walter "Ralph" Mabry upon this 21st day of December, 2000. We are grateful for this opportunity to join with the family and friends of the Millwrights, Conveyor & Machinery Erectors, and Local Union Number 1102, in honoring this man with the highest integrity; and

Whereas, Mr. Walter " Ralph" Mabry has been a member of Millwrights Local Union Number 1102 for 31 years. The years since have been filled with meeting the responsibilities of organizing and assisting not only the Millwrights Local No. 1102, the Greater Detroit Building Trades, as well as the Michigan Regional Council of Carpenters; and

Whereas, On July 24, 1979, Ralph became a business agent for the Millwrights Local No. 1102. On June 28, 1984, Ralph was elected as Financial Secretary/ Business Manager of Millwrights Local No. 1102; and

Whereas, Ralph then moved on to being elected President of the Greater Detroit Building Trades for a 4-year term on January 22, 1988. Ralph's leadership, concern, and contributions earned him the support to become appointed Executive Secretary-Treasurer of the Michigan Regional Council of Carpenters on May 10, 1996. On May 10, 1997, Mr. Mabry continued another chapter of his life when he was re-elected for another 4-year term; and

Whereas, Serving others is a well-established trait of Walter "Ralph" Mabry. Under Ralph, the Carpenters built well over 100 wheelchair ramps for the citizens all over the state of Michigan; and

Whereas, Ralph has helped hundreds of needy families in Detroit, Michigan during the Christmas holiday seasons, as well assisting in Warren, Michigan. Understanding, unselfish, and untiring in his efforts to help others, Walter "Ralph" Mabry is appreciated with the highest praise; now, therefore, be it

Resolved by the House of Representatives, That we offer thanks to Walter "Ralph" Mabry in appreciation for all of the hard work and dedication in his efforts of the election of 2000. May the health and happiness of his years be with him always; and be it further

Resolved, That a copy of this resolution be transmitted to Mr. Walter "Ralph" Mabry as a token of our appreciation.

The resolution was referred to the Committee on House Oversight and Operations.

Reps. Tabor, Jellema, DeHart, Hansen, Sheltrown, Cameron Brown, LaSata, Voorhees, Hager, Mead, Faunce, Reeves, Wojno, LaForge, Cherry, Kelly, Martinez, Van Woerkom, DeRossett, DeVuyst, Allen, Neumann, Gieleghem, Ehardt, Howell, Jacobs, Spade, Rivet, Vander Roest, Pappageorge, Raczkowski, Bovin, Koetje, Toy, Vaughn, Prusi, Geiger, Bishop, Richardville, Garcia, Jamnick, Birkholz, Vear, Hanley, Schauer, Tesanovich, Baird, Woodward, Kilpatrick, Scranton, Shulman, Caul, Brater, Clarke, Perricone and Julian offered the following resolution:

House Resolution No. 443.

A resolution honoring the Grand Ledge High School 2000 Division I State Football Champions.

Whereas, It is a pleasure to join with their families, the entire school, and all of Grand Ledge in celebrating the achievements of the Grand Ledge High School 2000 Division I State Football Champions on its wonderful success over the season. With the fine record of 13-1 this squad attained, which has culminated in a state championship, this group of disciplined student-athletes has generated great pride throughout this area of our state; and

Whereas, Much to the delight of their loyal fans, the Comets have also earned the respect of prep sports followers throughout Michigan through their talent, teamwork, and determination. As opponents have found out all season long, this is a team that brings unity and a positive outlook to all levels of competition. In the face of challenge and pressure, this is a group of young people who maintained their focus on making their dreams come true and accepted nothing less than their best effort. This team sustained its focus and overcame what seemed to be insurmountable odds by winning the championship game in the last 53 seconds of the game; and

Whereas, Winning titles or compiling outstanding seasons is never a fluke. While anything can happen in a single game, all teams show their true abilities and dedication over a long season or a difficult tournament. What distinguishes the best, however, is usually the effort that appears in practice, far removed from the excitement of game day. We admire the efforts, team spirit, and preparation of these talented young people. Even though there are many talented individuals on this team, this group of athletes came together and bonded as a team to achieve this ultimate goal; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body congratulate the members and coaches of the Grand Ledge High School Football Team upon the occasion of its 2000 Division I State Football Championship; and be it further

Resolved, That a copy of this resolution be transmitted to the Grand Ledge High School 2000 Division I State Football Champions as a token of our esteem.

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.

THIS RESOLUTION IS OFFERED TO COMPLY WITH MCL § 18.1246.

Reps. Geiger, Jellema, Pumford and Mead offered the following concurrent resolution:

House Concurrent Resolution No. 123.

A concurrent resolution to increase the total project cost of the Department of Agriculture Animal Health Diagnostic Laboratory.

Whereas, The Department of Agriculture Animal Health Diagnostic Laboratory project was authorized in 2000 PA 291 with a total project cost of $45,000,000; and

Whereas, Pursuant to section 246 of 1984 PA 431, as amended, being MCL § 18.1246, the authorized cost of projects shall only be established or revised by specific reference in a budget act, by concurrent resolution adopted by both houses of the legislature, or inferred by the total amount of any appropriations made to complete plans and construction; now, therefore, be it

Resolved by the House of Representatives (the Senate concurring), That the Michigan Legislature recognizes the need to increase the total authorized cost for the Department of Agriculture Animal Health Diagnostic Laboratory project to an amount not to exceed $58,000,000 (State Building Authority share $57,999,900 and the State General Fund/General Purpose share $100) and that the legislature intends to continue to appropriate funds for construction subject to the limitations herein stated, in amounts not to exceed the authorized cost, subject to the ordinary vicissitudes of the legislative process; and be it further

Resolved, That copies of this resolution be transmitted to the State Budget Director, the Director of the Department of Management and Budget, and the Director of Department of Agriculture.

The concurrent resolution was referred to the Committee on Appropriations.

Announcement by the Clerk of Printing and Enrollment

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

Senate Bill Nos. 1434 1435

The Clerk announced the enrollment printing and presentation to the Governor on Friday, December 1, for his approval of the following bills:

Enrolled House Bill No. 5066 at 4:14 p.m.

Enrolled House Bill No. 5296 at 4:16 p.m.

Enrolled House Bill No. 5677 at 4:18 p.m.

The Clerk announced that the following bills had been printed and placed upon the files of the members, Friday, December 1:

House Bill Nos. 6172 6173 6174 6175 6176 6177

The Clerk announced that the following Senate bills had been received on Tuesday, December 5:

Senate Bill Nos. 271 1349 1424

Communications from State Officers

The following communication from the Department of Natural Resources was received and read:

November 29, 2000

We are providing you with a copy of the "Report All Poaching" Annual Report as mandated under Public Act 451 of 1994, Part 435, Section 43555 (4) which instructs the Department of Natural Resources to annually provide the legislature with a report on expenditures from the Wildlife Resource Protection Fund (also attached).

If you have any questions, please contact me at 373-0023.

Sincerely,

M. Carol Bambery

Legislative Liaison

The communication was referred to the Clerk.

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

December 1, 2000

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

Financial Audit, Including the

Provisions of the Single Audit Act, of the

Department of Environmental Quality

October 1, 1997 through September 30, 1999

Sincerely,

Thomas H. McTavish, C.P.A.

Auditor General

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

Introduction of Bills

Rep. Ehardt introduced

House Bill No. 6178, entitled

A bill to amend 1980 PA 300, entitled "The public school employees retirement act of 1979," by amending section 4 (MCL 38.1304), as amended by 1997 PA 143, and by adding section 92.

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

Rep. Ehardt introduced

House Bill No. 6179, entitled

A bill to amend 1980 PA 300, entitled "The public school employees retirement act of 1979," by amending section 85 (MCL 38.1385), as amended by 1998 PA 213.

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

By unanimous consent the House returned to the order of

Second Reading of Bills

Senate Bill No. 1181, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," (MCL 750.1 to 750.568) by adding section 222a.

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.

______

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

Senate Bill No. 1181, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," (MCL 750.1 to 750.568) by adding section 222a.

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

Roll Call No. 1053 Yeas--80

Allen Faunce Kuipers Richner

Basham Frank LaSata Rocca

Birkholz Garcia Law Sanborn

Bisbee Gieleghem Lemmons Schermesser

Bishop Gilbert Lockwood Scranton

Bovin Godchaux Martinez Shackleton

Bradstreet Gosselin Mead Sheltrown

Brater Green Middaugh Shulman

Brewer Hager Mortimer Spade

Brown, B. Hart Neumann Stamas

Brown, C. Howell O'Neil Switalski

Byl Jansen Pappageorge Tabor

Cassis Jelinek Patterson Tesanovich

Caul Jellema Pestka Toy

Cherry Johnson, Rick Price Van Woerkom

DeHart Johnson, Ruth Prusi Vander Roest

DeRossett Julian Pumford Vear

DeVuyst Kilpatrick Raczkowski Voorhees

DeWeese Koetje Reeves Woodward

Ehardt Kowall Richardville Woronchak

Nays--20

Callahan Hale Kelly Rison

Clark, I. Hansen LaForge Schauer

Clarke, H. Hardman Mans Scott

Daniels Jacobs Minore Thomas

Garza Jamnick Quarles Wojno

In The Chair: Scranton

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

The House agreed to the full title.

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

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

Second Reading of Bills

Senate Bill No. 1382, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending section 30 (MCL 206.30), as amended by 2000 PA 301.

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. 1382, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending section 30 (MCL 206.30), as amended by 2000 PA 301.

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

Roll Call No. 1054 Yeas--100

Allen Frank Kuipers Rison

Basham Garcia LaForge Rivet

Birkholz Garza LaSata Rocca

Bisbee Gieleghem Law Sanborn

Bishop Gilbert Lemmons Schauer

Bogardus Gosselin Lockwood Schermesser

Bovin Hager Mans Scott

Bradstreet Hale Martinez Scranton

Brater Hanley Mead Shackleton

Brewer Hansen Middaugh Sheltrown

Brown, B. Hardman Minore Shulman

Brown, C. Hart Mortimer Spade

Byl Howell Neumann Stamas

Callahan Jacobs O'Neil Switalski

Cassis Jamnick Pappageorge Tabor

Caul Jansen Patterson Tesanovich

Cherry Jelinek Pestka Thomas

Clark, I. Jellema Price Toy

Clarke, H. Johnson, Rick Prusi Van Woerkom

Daniels Johnson, Ruth Pumford Vander Roest

DeHart Julian Quarles Vear

DeRossett Kelly Raczkowski Voorhees

DeVuyst Kilpatrick Reeves Wojno

Ehardt Koetje Richardville Woodward

Faunce Kowall Richner Woronchak

Nays--0

In The Chair: Scranton

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

"An act to meet deficiencies in state funds by providing for the imposition, levy, computation, collection, assessment, and enforcement by lien and otherwise of taxes on or measured by net income; to prescribe the manner and time of making reports and paying the taxes, and the functions of public officers and others as to the taxes; to permit the inspection of the records of taxpayers; to provide for interest and penalties on unpaid taxes; to provide exemptions, credits and refunds of the taxes; to prescribe penalties for the violation of this act; to provide an appropriation; and to repeal certain acts and parts of acts,".

The House agreed to the full title.

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

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

Second Reading of Bills

Senate Bill No. 1380, entitled

A bill to amend 1975 PA 228, entitled "Single business tax act," (MCL 208.1 to 208.145) by adding section 35b.

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. 1380, entitled

A bill to amend 1975 PA 228, entitled "Single business tax act," (MCL 208.1 to 208.145) by adding section 35b.

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

Roll Call No. 1055 Yeas--88

Allen Gieleghem Lemmons Rocca

Basham Gilbert Lockwood Sanborn

Birkholz Gosselin Mans Schauer

Bisbee Green Mead Schermesser

Bishop Hager Middaugh Scranton

Bovin Hanley Minore Shackleton

Bradstreet Hansen Mortimer Sheltrown

Brewer Hardman Neumann Shulman

Brown, C. Hart O'Neil Spade

Byl Howell Pappageorge Stamas

Cassis Jacobs Patterson Switalski

Cherry Jansen Pestka Tabor

Clark, I. Jelinek Price Tesanovich

Clarke, H. Jellema Prusi Thomas

Daniels Johnson, Rick Pumford Toy

DeRossett Julian Quarles Van Woerkom

DeVuyst Kilpatrick Raczkowski Vander Roest

Ehardt Koetje Reeves Vear

Faunce Kowall Richardville Voorhees

Frank Kuipers Richner Wojno

Garcia LaSata Rison Woodward

Garza Law Rivet Woronchak

Nays--13

Bogardus Caul Hale LaForge

Brater DeHart Johnson, Ruth Martinez

Brown, B. Godchaux Kelly Scott

Callahan

In The Chair: Scranton

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

"An act to provide for the imposition, levy, computation, collection, assessment and enforcement, by lien or otherwise, of taxes on certain commercial, business, and financial activities; to prescribe the manner and times of making certain reports and paying taxes; to prescribe the powers and duties of public officers and state departments; to permit the inspection of records of taxpayers; to provide for interest and penalties on unpaid taxes; to provide exemptions, credits, and refunds; to provide penalties; to provide for the disposition of funds; to provide for the interrelation of this act with other acts; and to provide an appropriation,".

The House agreed to the full title.

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

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

______

The Speaker Pro Tempore resumed the Chair.

By unanimous consent the House returned to the order of

Reports of Select Committees

The Speaker laid before the House the conference report relative to

Senate Bill No. 694, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending section 2006 (MCL 500.2006).

(The conference report was received from the Senate on October 3, consideration of which, under the rules, was postponed until October 4.)

(For conference report, see House Journal No. 61, p. 2215.)

The question being on the adoption of the conference report,

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

Roll Call No. 1056 Yeas--99

Allen Faunce Koetje Richner

Basham Frank Kowall Rison

Birkholz Garcia Kuipers Rivet

Bisbee Garza LaForge Rocca

Bishop Gieleghem LaSata Sanborn

Bogardus Gilbert Law Schauer

Bovin Godchaux Lockwood Schermesser

Bradstreet Gosselin Mans Scott

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 Tesanovich

Caul Jacobs Pappageorge Thomas

Cherry Jamnick Patterson Toy

Clark, I. Jansen Pestka Van Woerkom

Clarke, H. Jelinek Price Vander Roest

Daniels Jellema Prusi Vear

DeHart Johnson, Rick Pumford Voorhees

DeRossett Johnson, Ruth Quarles Wojno

DeVuyst Julian Raczkowski Woodward

DeWeese Kelly Reeves Woronchak

Ehardt Kilpatrick Richardville

Nays--2

Geiger Scranton

In The Chair: Birkholz

Second Reading of Bills

Senate Bill No. 1426, entitled

A bill to amend 1980 PA 350, entitled "The nonprofit health care corporation reform act," by amending section 403 (MCL 550.1403).

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. 1426, entitled

A bill to amend 1980 PA 350, entitled "The nonprofit health care corporation reform act," by amending section 403 (MCL 550.1403).

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

Roll Call No. 1057 Yeas--99

Allen Frank LaForge Rison

Basham Garcia LaSata Rivet

Birkholz Garza Law Rocca

Bisbee Gieleghem Lemmons Sanborn

Bishop Gilbert Lockwood Schauer

Bogardus Gosselin Mans Schermesser

Bovin Green Martinez Scott

Bradstreet Hager Mead Shackleton

Brater Hale Middaugh Sheltrown

Brewer Hanley Minore Shulman

Brown, B. Hansen Mortimer Spade

Byl Hardman Neumann Stamas

Callahan Hart O'Neil Switalski

Cassis Howell Pappageorge Tabor

Caul Jacobs Patterson Tesanovich

Cherry Jamnick Perricone Thomas

Clark, I. Jelinek Pestka Toy

Clarke, H. Jellema Price Van Woerkom

Daniels Johnson, Rick Prusi Vander Roest

DeHart Johnson, Ruth Pumford Vear

DeRossett Julian Quarles Voorhees

DeVuyst Kelly Raczkowski Wojno

DeWeese Kilpatrick Reeves Woodward

Ehardt Kowall Richardville Woronchak

Faunce Kuipers Richner

Nays--5

Brown, C. Godchaux Jansen Scranton

Geiger

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 provide for the incorporation of nonprofit health care corporations; to provide their rights, powers, and immunities; to prescribe the powers and duties of certain state officers relative to the exercise of those rights, powers, and immunities; to prescribe certain conditions for the transaction of business by those corporations in this state; to define the relationship of health care providers to nonprofit health care corporations and to specify their rights, powers, and immunities with respect thereto; to provide for a Michigan caring program; to provide for the regulation and supervision of nonprofit health care corporations by the commissioner of insurance; to prescribe powers and duties of certain other state officers with respect to the regulation and supervision of nonprofit health care corporations; to provide for the imposition of a regulatory fee; to regulate the merger or consolidation of certain corporations; to prescribe an expeditious and effective procedure for the maintenance and conduct of certain administrative appeals relative to provider class plans; to provide for certain administrative hearings relative to rates for health care benefits; to provide for certain causes of action; to prescribe penalties and to provide civil fines for violations of this act; and to repeal certain acts and parts of acts,".

The House agreed to the full title.

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

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

______

Rep. Raczkowski moved that when the House adjourns today it stand adjourned until Wednesday, December 6, at 10:00 a.m.

The motion prevailed.

By unanimous consent the House returned to the order of

Messages from the Senate

House Bill No. 4474, entitled

A bill to amend 1977 PA 89, entitled "State aid to public libraries act," by amending section 5 (MCL 397.555).

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

The House agreed to the full title.

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

House Bill No. 5402, entitled

A bill to amend 1974 PA 370, entitled "Vietnam veteran era bonus act," by amending section 17 (MCL 35.1037).

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

The House agreed to the full title.

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

House Bill No. 5403, entitled

A bill to amend 1933 PA 94, entitled "The revenue bond act of 1933," by amending section 14 (MCL 141.114).

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

The House agreed to the full title.

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

House Bill No. 5404, entitled

A bill to amend 1983 PA 102, entitled "Uniform federal lien registration act," by amending section 5 (MCL 211.665), as amended by 1991 PA 132.

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

The House agreed to the full title.

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

House Bill No. 5405, entitled

A bill to amend 1968 PA 203, entitled "State tax lien registration act," by amending section 4 (MCL 211.684), as amended by 1989 PA 47.

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

The House agreed to the full title.

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

House Bill No. 5406, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 58b (MCL 257.58b).

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

The House agreed to the full title.

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

House Bill No. 5407, entitled

A bill to amend 1978 PA 387, entitled "An act to make appropriations to the department of state; to prescribe the powers and duties of the department of state and the state treasurer; to provide for loans to persons who own certain vehicles for the cost of their alteration or replacement; and to provide an interest rate for repayment of those loans," by amending section 4 (MCL 257.934).

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.

House Bill No. 5408, entitled

A bill to amend 1939 PA 141, entitled "Grain dealers act," by amending section 7a (MCL 285.67a), as amended by 1998 PA 388.

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

The House agreed to the full title.

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

House Bill No. 5409, entitled

A bill to amend 1969 PA 295, entitled "Higher education facilities authority act," by amending section 11 (MCL 390.931).

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

The House agreed to the full title.

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

House Bill No. 5411, entitled

A bill to amend 1984 PA 341, entitled "Farm and utility equipment act," by amending section 9 (MCL 445.1459), as amended by 1995 PA 86.

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

The House agreed to the full title.

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

House Bill No. 5412, entitled

A bill to amend 1972 PA 284, entitled "Business corporation act," by amending section 471 (MCL 450.1471).

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

The House agreed to the full title.

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

House Bill No. 5413, entitled

A bill to amend 1982 PA 162, entitled "Nonprofit corporation act," by amending section 471 (MCL 450.2471).

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

The House agreed to the full title.

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

House Bill No. 5415, entitled

A bill to amend 1980 PA 307, entitled "Savings and loan act of 1980," by amending section 420 (MCL 491.420).

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

The House agreed to the full title.

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

House Bill No. 5416, entitled

A bill to amend 1950 (Ex Sess) PA 27, entitled "Motor vehicle sales finance act," by amending section 14 (MCL 492.114).

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

The House agreed to the full title.

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

House Bill No. 5417, entitled

A bill to amend 1998 PA 434, entitled "Uniform fraudulent transfer act," by amending section 8 (MCL 566.38).

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

The House agreed to the full title.

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

House Bill No. 5681, entitled

A bill to amend 1905 PA 282, entitled "An act to provide for the assessment of the property, by whomsoever owned, operated or conducted, of railroad companies, union station and depot companies, telegraph companies, telephone companies, sleeping car companies, express companies, car loaning companies, stock car companies, refrigerator car companies, and fast freight companies, and all other companies owning, leasing, running or operating any freight, stock, refrigerator, or any other cars, not being exclusively the property of any railroad company paying taxes upon its rolling stock under the provisions of this act, over or upon the line or lines of any railroad or railroads in this state, and for the levy of taxes thereon by a state board of assessors, and for the collection of such taxes, and to repeal all acts or parts of acts contravening any of the provisions of this act," (MCL 207.1 to 207.21) by adding section 13a.

The Senate has concurred in the House amendments to the Senate substitute (S-1).

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

House Bill No. 5228, entitled

A bill to amend 1962 PA 174, entitled "Uniform commercial code," by amending sections 1105, 1201, 2103, 2210, 2326, 2502, 2716, 2A103, 2A303, 2A307, 2A309, 4210, 7503, 8103, 8106, 8110, 8301, 8302, 8510, 9102, 9103, 9104, 9105, 9106, 9107, 9108, 9109, 9110, 9201, 9202, 9203, 9204, 9205, 9206, 9207, 9208, 9301, 9302, 9303, 9304, 9305, 9306, 9307, 9308, 9309, 9310, 9311, 9312, 9313, 9314, 9315, 9316, 9317, 9318, 9401, 9402, 9403, 9404, 9405, 9406, 9407, 9408, 9409, 9501, 9502, 9503, 9504, 9505, 9506, and 9507 (MCL 440.1105, 440.1201, 440.2103, 440.2210, 440.2326, 440.2502, 440.2716, 440.2803, 440.2903, 440.2907, 440.2909, 440.4210, 440.7503, 440.8103, 440.8106, 440.8110, 440.8301, 440.8302, 440.8510, 440.9102, 440.9103, 440.9104, 440.9105, 440.9106, 440.9107, 440.9108, 440.9109, 440.9110, 440.9201, 440.9202, 440.9203, 440.9204, 440.9205, 440.9206, 440.9207, 440.9208, 2 440.9301, 440.9302, 440.9303, 440.9304, 440.9305, 440.9306, 440.9307, 440.9308, 440.9309, 440.9310, 440.9311, 440.9312, 440.9313, 440.9314, 440.9315, 440.9316, 440.9317, 440.9318, 440.9401, 440.9402, 440.9403, 440.9404, 440.9405, 440.9406, 440.9407, 440.9408, 440.9409, 440.9501, 440.9502, 440.9503, 440.9504, 440.9505, 440.9506, and 440.9507), sections 1105, 9203, and 9402 as amended by 1998 PA 489, section 1201 as amended and sections 2A103, 2A303, 2A307, and 2A309 as added by 1992 PA 101, section 2326 as amended by 1982 PA 397, section 4210 as amended by 1993 PA 130, sections 8103, 8106, 8301, 8302, 9301, 9302, 9303, 9306, 9309, and 9312 as amended and sections 8110 and 8510 as added by 1998 PA 278, sections 9103, 9104, 9105, 9106, 9304, and 9305 as amended by 1998 PA 488, section 9307 as amended by 1985 PA 199, section 9313 as amended by 1980 PA 53, section 9401 as amended by 1990 PA 288, sections 9403 and 9404 as amended by 1992 PA 186, sections 9405 and 9407 as amended by 1988 PA 130, and section 9406 as amended by 1989 PA 216, and by adding sections 5118, 9209, 9210, 9319, 9320, 9321, 9322, 9323, 9324, 9325, 9326, 9327, 9328, 9329, 9330, 9331, 9332, 9333, 9334, 9335, 9336, 9337, 9338, 9339, 9340, 9341, 9342, 9508, 9509, 9510, 9511, 9512, 9513, 9514, 9515, 9516, 9517, 9518, 9519, 9520, 9521, 9522, 9523, 9524, 9525, 9526, 9527, 9601, 9602, 9603, 9604, 9605, 9606, 9607, 9608, 9609, 9610, 9611, 9612, 9613, 9614, 9615, 9616, 9617, 9618, 9619, 9620, 9621, 9622, 9623, 9624, 9625, 9626, 9627, 9628, 9701, 9702, 9703, 9704, 9705, 9706, 9707, 9708, and 9709; and to repeal acts and parts of acts.

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 amend 1962 PA 174, entitled "An act to enact the uniform commercial code, relating to certain commercial transactions in or regarding personal property and contracts and other documents concerning them, including sales, commercial paper, bank deposits and collections, letters of credit, bulk transfers, warehouse receipts, bills of lading, other documents of title, investment securities, leases, and secured transactions, including certain sales of accounts, chattel paper and contract rights; to provide for public notice to third parties in certain circumstances; to regulate procedure, evidence and damages in certain court actions involving such transactions, contracts or documents; to make uniform the law with respect thereto; to make an appropriation; to provide penalties; and to repeal certain acts and parts of acts," by amending sections 1105, 1201, 2103, 2210, 2326, 2502, 2716, 2A103, 2A303, 2A307, 2A309, 2A525, 4210, 7503, 8103, 8106, 8110, 8301, 8302, 8510, 9102, 9103, 9104, 9105, 9106, 9107, 9108, 9109, 9110, 9201, 9202, 9203, 9204, 9205, 9206, 9207, 9208, 9301, 9302, 9303, 9304, 9305, 9306, 9307, 9308, 9309, 9310, 9311, 9312, 9313, 9314, 9315, 9316, 9317, 9318, 9401, 9402, 9403, 9404, 9405, 9406, 9407, 9408, 9409, 9501, 9502, 9503, 9504, 9505, 9506, and 9507 (MCL 440.1105, 440.1201, 440.2103, 440.2210, 440.2326, 440.2502, 440.2716, 440.2803, 440.2903, 440.2907, 440.2909, 440.2975, 440.4210, 440.7503, 440.8103, 440.8106, 440.8110, 440.8301, 440.8302, 440.8510, 440.9102, 440.9103, 440.9104, 440.9105, 440.9106, 440.9107, 440.9108, 440.9109, 440.9110, 440.9201, 440.9202, 440.9203, 440.9204, 440.9205, 440.9206, 440.9207, 440.9208, 28 2 440.9301, 440.9302, 440.9303, 440.9304, 440.9305, 440.9306, 440.9307, 440.9308, 440.9309, 440.9310, 440.9311, 440.9312, 440.9313, 440.9314, 440.9315, 440.9316, 440.9317, 440.9318, 440.9401, 440.9402, 440.9403, 440.9404, 440.9405, 440.9406, 440.9407, 440.9408, 440.9409, 440.9501, 440.9502, 440.9503, 440.9504, 440.9505, 440.9506, and 440.9507), sections 1105, 9203, and 9402 as amended by 1998 PA 489, section 1201 as amended and sections 2A103, 2A303, 2A307, 2A309, and 2A525 as added by 1992 PA 101, section 2326 as amended by 1982 PA 397, section 4210 as amended by 1993 PA 130, sections 8103, 8106, 8301, 8302, 9301, 9302, 9303, 9306, 9309, and 9312 as amended and sections 8110 and 8510 as added by 1998 PA 278, sections 9103, 9104, 9105, 9106, 9304, and 9305 as amended by 1998 PA 488, section 9307 as amended by 1985 PA 199, section 9313 as amended by 1980 PA 53, section 9401 as amended by 1990 PA 288, sections 9403 and 9404 as amended by 1992 PA 186, sections 9405 and 9407 as amended by 1988 PA 130, and section 9406 as amended by 1989 PA 216, and by adding sections 5118, 9209, 9210, 9319, 9320, 9321, 9322, 9323, 9324, 9325, 9326, 9327, 9328, 9329, 9330, 9331, 9332, 9333, 9334, 9335, 9336, 9337, 9338, 9339, 9340, 9341, 9342, 9508, 9509, 9510, 9511, 9512, 9513, 9514, 9515, 9516, 9517, 9518, 9519, 9520, 9521, 9522, 9523, 9524, 9525, 9526, 9527, 9601, 9602, 9603, 9604, 9605, 9606, 9607, 9608, 9609, 9610, 9611, 9612, 9613, 9614, 9615, 9616, 9617, 9618, 9619, 9620, 9621, 9622, 9623, 9624, 9625, 9626, 9627, 9628, 9701, 9702, 9703, 9704, 9705, 9706, 9707, 9708, and 9709; and to repeal acts and parts of acts.

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

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.

The Senate has amended the bill as follows:

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

"Sec. 17. (1) A temporary cessation of operations of a carnival-amusement ride may be ordered by the director when the inspection of the ride has been impeded, obstructed or interfered with. The order to cease operations shall remain in effect until an inspection has been made and the ride has been found safe for use.

(2) Except for the late payment of fees as provided in section 8(2) AND EXCEPT AS PROVIDED IN SUBSECTION (3), a person who violates this act is guilty of a misdemeanor. Each day a violation occurs is a separate offense.

(3) THE PENALTY PROVIDED IN SUBSECTION (2) DOES NOT APPLY TO THE VIOLATION OF THIS ACT BY A RIDER.".

2. Amend page 6, line 19, after "PREMISES." by striking out the balance of the line through "LAW.".

The Senate has passed the bill as amended and amended the title to read as follows:

A bill to amend 1966 PA 225, entitled "An act to provide for the inspection, licensing, and regulation of carnival and amusement rides; to provide for the safety of the public using carnival and amusement rides; to create a carnival-amusement safety board in the department of licensing and regulation; to provide for the disposition of revenues; to make an appropriation; and to provide penalties for violations," by amending sections 2 and 17 (MCL 408.652 and 408.667), section 2 as amended by 1998 PA 507 and section 17 as amended by 1982 PA 35, and by adding sections 18, 19, and 20.

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

House Bill No. 5758, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 14 of chapter XVII (MCL 777.14), as amended by 2000 PA 279.

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

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

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

House Bill No. 5821, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending section 260 (MCL 206.260), as amended by 1996 PA 484.

The Senate has amended the bill as follows:

1. Amend page 2, line 9, by striking out "OR HISTORICAL MUSEUM".

2. Amend page 2, line 9, after "money," by striking out "A HISTORICAL ARTIFACT,".

3. Amend page 2, line 12, after "institute" by striking out "OR HISTORICAL MUSEUM".

4. Amend page 2, following line 13, by inserting:

"(E) A HISTORICAL MUSEUM, OF MONEY OR A HISTORICAL ARTIFACT, IF FOR THE PURPOSE OF BENEFITTING THAT HISTORICAL MUSEUM.

(F) A HISTORICAL SOCIETY ACTING AS THE GOVERNING AUTHORITY OF A HISTORICAL MUSEUM, OF MONEY OR A HISTORICAL ARTIFACT SOLELY FOR THE PURPOSE OF BENEFITTING A HISTORICAL MUSEUM, ONLY IF THE HISTORICAL SOCIETY IS A NONPROFIT CORPORATION EXEMPT UNDER SECTION 501(c)(3) OF THE INTERNAL REVENUE CODE." and relettering the remaining subdivisions.

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

"(E) "HISTORICAL MUSEUM" MEANS A PERMANENT, NONPROFIT INSTITUTION THAT MEETS ALL OF THE FOLLOWING REQUIREMENTS:

(i) IS OPEN TO THE PUBLIC AND ADMINISTERED IN THE PUBLIC INTEREST.

(ii) COLLECTS, CONSERVES, PRESERVES, RESEARCHES, AND INTERPRETS FOR PURPOSES OF STUDY, EDUCATION, AND ENJOYMENT MATERIAL EVIDENCE OF HISTORY.".

6. Amend page 4, following line 25, by inserting:

"Enacting section 1. This amendatory act takes effect for tax years that begin after December 31, 2000.".

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. 6027, entitled

A bill to amend 1941 PA 207, entitled "Fire prevention code," by amending section 6 (MCL 29.6).

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

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

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

House Bill No. 4335, entitled

A bill to amend 1967 PA 150, entitled "Michigan military act," by amending section 411 (MCL 32.811), as amended by 1996 PA 497.

The Senate has appointed Senators Gougeon, McManus and DeBeaussaert as conferees to join with Reps. Richardville, Ehardt and Bovin.

The bill was referred to the Conference Committee on December 5, 2000.

House Bill No. 4530, entitled

A bill to amend 1927 PA 372, entitled "An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms and gas ejecting devices; to prohibit the buying, selling, or carrying of certain firearms and gas ejecting devices without a license; to provide for the forfeiture of firearms possessed in violation of this act; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; and to repeal all acts and parts of acts inconsistent with the provisions of this act," by amending the title and sections 1, 8, 12, 12a, and 14 (MCL 28.421, 28.428, 28.432, 28.432a, and 28.434), the title as amended by 1990 PA 320 and section 1 as amended by 1992 PA 219, and by adding sections 1a, 2a, 5, 5a, 5b, 5c, 5d, 5e, 5f, 5g, 5h, 5i, 5j, 5k, 5l, 5m, 5n, and 5o; and to repeal acts and parts of acts.

The Senate has appointed Senators Hoffman, Bullard and Dingell as conferees to join with Reps. Green, DeVuyst and Callahan.

The bill was referred to the Conference Committee on December 5, 2000.

House Bill No. 4532, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 231a (MCL 750.231a).

The Senate has appointed Senators Hoffman, Bullard and Dingell as conferees to join with Reps. Green, DeVuyst and Callahan.

The bill was referred to the Conference Committee on December 5, 2000.

Senate Bill No. 271, entitled

A bill to amend 1978 PA 566, entitled "An act to encourage the faithful performance of official duties by certain public officers and public employees; to prescribe standards of conduct for certain public officers and public employees; to prohibit the holding of incompatible public offices; and to provide certain judicial remedies," by amending section 3 (MCL 15.183), as amended by 1994 PA 317.

The Senate has passed the bill.

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

Senate Bill No. 1349, entitled

A bill to amend 1998 PA 58, entitled "Michigan liquor control code of 1998," by amending section 531 (MCL 436.1531), as amended by 1999 PA 91.

The Senate has passed the bill.

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

Senate Bill No. 1424, entitled

A bill to amend 1975 PA 228, entitled "Single business tax act," by amending section 38c (MCL 208.38c), as amended by 1997 PA 190.

The Senate has passed the bill.

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

Senate Bill No. 260, entitled

A bill to amend 1980 PA 350, entitled "The nonprofit health care corporation reform act," (MCL 550.1101 to 550.1704) by adding section 416b.

The Senate has nonconcurred in the House substitute (H-3) and appointed Senators DeGrow, Schwarz and Byrum as conferees.

The message was referred to the Clerk for record.

Senate Bill No. 261, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," (MCL 500.100 to 500.8302) by adding section 3406n.

The Senate has nonconcurred in the House substitute (H-3) and appointed Senators DeGrow, Shugars and Byrum as conferees.

The message was referred to the Clerk for record.

Notices

The Speaker appointed as conferees, on the part of the House of Representatives for Senate Bill No. 260, Reps. Perricone, Rick Johnson and Kilpatrick.

The Speaker appointed as conferees, on the part of the House of Representatives for Senate Bill No. 261, Reps. Perricone, Rick Johnson and Kilpatrick.

I hereby replace Rep. Baird with Rep. Switalski on the Conference Committee for Senate Bill No. 757.

Rep. Perricone

______

Rep. Minore moved that the House adjourn.

The motion prevailed, the time being 6:50 p.m.

The Speaker Pro Tempore declared the House adjourned until Wednesday, December 6, at 10:00 a.m.

GARY L. RANDALL

Clerk of the House of Representatives.