No. 92

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

92nd Legislature

REGULAR SESSION OF 2004

House Chamber, Lansing, Thursday, December 9, 2004.

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.

Accavitti--present Gaffney--present Meisner--present Sheen--present

Acciavatti--present Garfield--present Meyer--present Sheltrown--present

Adamini--present Gieleghem--present Middaugh--present Shulman--present

Amos--present Gillard--present Milosch--present Smith--present

Anderson--present Gleason--present Minore--present Spade--present

Bieda--present Hager--present Moolenaar--present Stahl--present

Bisbee--present Hardman--present Mortimer--present Stakoe--present

Bradstreet--present Hart--present Murphy--present Stallworth--present

Brandenburg--present Hood--present Newell--present Steil--present

Brown--present Hoogendyk--present Nitz--present Stewart--present

Byrum--present Hopgood--present Nofs--present Tabor--present

Casperson--present Howell--present O'Neil--present Taub--present

Caswell--present Huizenga--present Palmer--present Tobocman--present

Caul--present Hummel--present Palsrok--present Vagnozzi--present

Cheeks--present Hune--present Pappageorge--present Van Regenmorter--present

Clack--present Hunter--present Pastor--present Vander Veen--present

Condino--present Jamnick--present Phillips--present Voorhees--present

Daniels--present Johnson, Rick--present Plakas--present Walker--present

Dennis--present Johnson, Ruth--present Pumford--present Ward--present

DeRoche--present Julian--present Reeves--present Waters--present

DeRossett--present Koetje--present Richardville--present Wenke--present

Dillon--present Kolb--present Rivet--present Whitmer--present

Drolet--present Kooiman--present Robertson--present Williams--present

Ehardt--present LaJoy--present Rocca--present Wojno--present

Elkins--present LaSata--present Sak--present Woodward--present

Emmons--present Law--excused Shackleton--present Woronchak--present

Farhat--present Lipsey--present Shaffer--present Zelenko--present

Farrah--present McConico--present

e/d/s = entered during session

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

"Pastor Roy McLaughlin of Cornerstone Baptist Church in Swartz Creek, prepared the following prayer:

Our Heavenly Father, We are taught in Your Holy Word that it is wise for us to enter into Your presence with thanksgiving and praise. For You are the God of Mercy and Your truth is from everlasting to everlasting to all generations. We thank You that You know exactly what is going on in our world, our nation, and our state.

Lord God, You have created a grand and glorious universe that is far beyond human understanding. The heavens proclaim Your handiwork and every star in the sky tells of Your power. May we rejoice in this day, for today is Your gift to us. We celebrate with great joy another Christmas season, the gift of Your son, the Lord Jesus Christ. Help us to share Your blessings with others as You have shared them with us.

Lord, the war in Iraq continues on. Many of us believe that this war is just; others hold a different view. But whatever our viewpoint, Lord, we pray that You protect the innocent, bring justice to the guilty, and help this war to be resolved quickly and with minimal loss of life. We pray for our men and women in the military as well as the citizens of Iraq.

We pray for Your wisdom and guidance upon us today as we seek to serve the people who have elected us to serve them. Lord, our lives as Representatives can become so demanding and Lord, I know if I am not careful, I will rush through today focused only on my next step. Slow me (and us) down, Lord, and give us wisdom so that we might look beyond our own needs and see the needs of those we serve.

Today help me to be generous, compassionate, and understanding. I ask this in Your Holy name.

Amen."

______

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

The motion prevailed.

Comments and Recommendations

Rep. Richardville moved that Rule 82 be suspended.

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

Rep. Richardville moved that the following remarks be printed in the Journal.

The motion prevailed.

Rep. Stallworth:

"Mr. Speaker and members it has truly been an honor to serve as a member of the Michigan Legislature. I stand here today to bring to a close a long political career in this Chamber that has spanned two decades. In an era of term limits I am probably the last of the members with the distinguished opportunity of serving for such an extended time under the leadership of four governors; William Milliken, James Blanchard, John Engler, and Jennifer Granholm. I've also worked with six House Speakers; Reps. William Ryan, Gary Owen, Lou Dodak, Curtis Hertel, Paul Hillegonds and Rick Johnson. As you can see from the list of leaders I've mentioned it is very apparent there were good times when Democrats controlled the House and Senate, marginal time with shared leadership, and finally minority representation.

I was first elected to the House in 1971, interrupting my service after four years to seek a Senatorial seat, and returning in 1981 following completion of an elected term as a Wayne County Charter Commissioner. Upon my return I served seven consecutive terms in the House. During those years my most significant assignment was serving fourteen years as the Chair of the House Committee on Public Utilities. Among the many bills I sponsored I am most proud of the Michigan's Gas and Telephone Deregulation Statues that represented 24 months of intense study by a legislative work group involving legislators, staff and special interest. This kind of process is not possible under term limits.

I join previous speakers who have recommended that future legislatures reexamine term limits. We are losing far too much institutional knowledge to make the most informed decisions on behalf of our constituents, and although it may have its benefits, the evidence of our inability to address the structural issues facing this legislature today is a strong indication that a change is needed.

I also served 12 years as the Vice Chairman of the House Committee on Health Policy and 8 years as Chief of the Joint House Senate Sub-Committee on Infant Mortality. I have served with distinction as a board member of the National Conference of the State Legislators and as a member of Women in Government, the Midwest conferences of State Legislators and the National Black Caucus of State Legislators.

The challenges of achieving equity, access, and accommodation still remain a continuing problem for Detroit, as well as the State of Michigan. The issues of high taxes, insurance rates, limited health care, and the pursuit of equal educational opportunities must continue to be high on the agenda of priorities for the State. Each Legislator regardless of their District must continue to study the problems, and develop public policies that will serve as a remedy.

It's a tough job! I hope those of you who will continue to serve in the new session remember, your success in this Chamber will be based on your ability to develop and foster trust and reliability. Much that is achieved politically is based on relationships and your confidence that the process will work. Whether you agree with each other or not, be open and honest with one another...and always do your best to look out for the least of us.

In closing I want to express my gratitude for the opportunity serve twenty years provided by my husband, family and the voters of 8th District. When I came to Lansing in 1971 there were no black staffers. Through my office and the Black Caucus Foundation of Michigan Internship Program these opportunities for employment have expanded to the numbers we have today. That pool of young people included former State Representative and Senator Joe Young, Jr.,Jewel Gillespie, Legislative Aid for Democratic Floor Leader Mary Waters, Regina Bell, and a Lobbyist for SBC Michigan, and Attorney Ron Cook, a Lobbyist for Health Alliance Plan. Special thanks to my staff Nicole Burns, Legislative Assistant and Sulema Medrano, Legislative Intern for the excellent work and support during my tenure. Representative-Elect John Espinoza of District 83 has hired both. I also want to thank Legislative staff, Speaker Rick Johnson, and the Caucus leadership. Dianne Byrum and Mary Waters; special thanks to the Democratic Communication staff especially Mike Grabmeyer for the very fine work in facilitating video taping of important public policy issues focusing on the budgetary considerations for funding teen parent services, the Heat and Warm Fund, and health issues. Thanks to those of you that inquired from time to time regarding my son, Representative Keith Stallworth. He received his PHD in Marketing and has continued to own and operate Utilities Services of America the largest African American owned tree care provider in Southeast Michigan and in the country. He has continued to serve as an advocate on public policy issues that impact Detroit. Your continued support and interest has meant a great deal to our family.

Many of you have asked what I will do in the future. I will continue to enjoy my family by spending quality time with my husband, grandchildren and other family members. I will also continue to serve my community supporting the many youth and families within the Metro-Detroit area through the Black Caucus Foundation of Michigan, the Federation of Youth Services, and The Heat and Warm Fund.

THANK YOU AND GOD BLESS!"

Rep. Rocca:

"Being a member of this legislative body is the fulfillment of the American Dream. This is especially true for a little immigrant boy, who, at age 6, spent what seemed like a lifetime, on a huge ship that slowly made its way from the European, to the American continent. I can remember that journey as if it was yesterday, surrounded by thousands of faces filled with hopes, dreams, and eager anticipation of a new life in a free land.

The reason I am here today, is because the American People are gracious and America truly is the land of opportunity. Maybe that's why it bothered me so much, for the first two decades that I served in this body, that neither the Michigan House nor Senate began their legislative sessions with the Pledge of Allegiance. Maybe that's why I devoted time and energy to changing our rules, so that, hopefully the Pledge of Allegiance will continue to be recited in this legislative body forever. I want to thank Speaker Rick Johnson for honoring my request. It is truly one of the nicest things he has done as speaker. Sometimes I've been accused of being overly patriotic. I don't mind. This country has been pretty good to me. I remember when flag burning in this country was all too common. I decided to design and distribute 'I love America' stickers as my way of responding to such a disgraceful act. Over the years I have taken great joy and pride in distributing thousands of my American Flag stickers. As a matter of fact, many legislators, including our almost-speaker, Minority Leader Dianne Byrum, have expanded on the idea with their own American Flag stickers. It has been just one small way for me to say 'thank you' to the American people for their generosity.

Thirty years ago I began my legislative service back in this corner, as a young kid, ready to slay the dragon and change the world for the better. As a mater of fact, there were about a dozen of us back in this corner who were young, aggressive, and ready to challenge the establishment. It did not take long for us to become identified, fondly by some, sarcastically by others, as the 'Kiddie Caucus' because of our youth, idealism, a liberal philosophy by some members of our group, unreasonable expectations, and yes, sometimes even childish behavior. Reality soon set in: Changing the long established system was not an easy task. Each battle for change would be hard fought. It soon became apparent that it would take years to make a real difference. As I look at the new members in this body today, elected as a result of term limits, I realize that there is a whole new set of kids in town, perhaps a new 'Kiddie Caucus', somewhat more conservative than the 'Kiddie Caucus' of 30 years ago, but nevertheless just as enthusiastic, motivated and dedicated to making Michigan a better place to live and raise our families. My advice to the members who will be here, serving next session, is to work hard. There are more than 90,000 people in your district that depend on you. However, do not take your self too seriously. Don't burn yourself out. Take time to relax and enjoy this phenomenal journey. When school children from your district are touring the Capitol Building, take a pleasant break, set aside what you are doing, and go visit with them. Bring them into this legislative chamber. Talk to them. Explain to them that they are your boss and that working for them and their moms and dads is the best job in the world. Don't get so wrapped up in the inane details of every legislative proposal, that you don't make time for the children. Remember that the time you spend with our children, is an investment in the future.

For some reason most legislators seem to think that their legislative accomplishments, is what defines their success. I admit that it makes me feel pretty good when I think of my legislative success, whether it is the Great Lakes Bottomlands Preserves, the Vietnam Veterans' Memorial, a highway that I named, or some law that has my name. But in reality, our legislative success is not measured by the number of laws we pass, but rather, it is defined by the people we help along the way. I remember my first constituent call in 1975 as the Vietnam War was coming to a close. It came from a frantic mother who had adopted a baby, orphaned by the Vietnam War. The baby was still at the orphanage in Saigon, and the North Vietnamese Communists were closing-in fast. By enlisting the aide of my Congressman, we cut through the bureaucratic red tape and had the baby placed on the one remaining 'baby lift' that flew out of Saigon. You can not imagine the deep personal satisfaction that I experienced when I received a picture of the baby, and a thank you letter from the new mom. I knew then, that this is what I wanted to do for the rest of my life. To this day, that picture and letter have served as my inspiration for public service. Everything that you do as a legislator should be predicated on helping others.

As you face the challenges that lie ahead of you, it is important to remember that there are no problems, there are only solutions waiting to be found. I am reminded of the time that I walked into the men's restroom and saw a legislator staring into the urinal, where a quarter lie in the murky water. Sensing his dilemma, I ushered him aside, reached into my pocket, pulled out 3 quarters, and threw them into the urinal. I then proceeded to reach in and pull out all 4 quarters. I explained to him, that I had found the solution to the problem. It wasn't worth getting my hand dirty for only a quarter, but for a dollar, it was well worth it. Look for the solutions. They may not always be pleasant. But in these tough times, it is imperative that you make the hard decisions.

When I first came to this body, an inner-city legislator offered me advice. As a suburban legislator, I was expecting a lecture on Detroit/Suburban relations. Instead he put his hand on my shoulder and in a fatherly manner said, 'Sal, the speaker and leadership will sometimes ask you to do things that are not in the best interest of your district. The governor, bureaucrats, and lobbyists will be asking you for votes. Remember one thing. Listen to your constituents first. Take care of your people and they will take care of you.' It sounded so simplistic at the time, that I almost ignored it. 'Take care of your people and they will take care of you.' It was simple brilliance. I want to thank the people of my legislative district for taking care of me for 30 years.

I once left this legislature to go home to take care of my dad. The people of my district were kind enough, and smart enough I might add, to elect my wife Sue to replace me. It was an excellent choice. I am very proud of my wife's service to the people of the state of Michigan, both as a State Representative, and as a registered nurse. Of course it was rumored at the time that she ran for my seat, that she was really me, and that I had a sex change operation, in a desperate attempt to circumvent term limits. And then, when my wife Sue left the legislature, the people took care of me by allowing me to again serve as their representative. Now that I am leaving this body for my third and final time, the people of my district, in their wisdom have decided to elect my son Tory as their next representative. Again, I believe that the people of my district have made an excellent choice. Over and over, during the last few months, as I walked door to door throughout my district promoting my son, the comments seemed to echo the same theme, 'You've taken care of us, and we will take care of you.' The advice I had received 30 years ago, although it seemed simplistic at the time, has served me and my constituents well. Remember, your constituents are neither Republican nor Democrat, neither liberal nor conservative. They are average people who simply want you to do the right thing. Don't kid yourself into thinking that they've sent you here on some kind of philosophical mission, because they haven't. They elected you, mostly, because you put on a better campaign than your opponent. When you make decisions, do what is right for all the people of your district, not just the people that you believe sent you here. That is the advice I pass on to current and future legislators. Take care of your people, and they will take care of you.

A little known philosopher once said, 'The capacity to care, gives life its greatest meaning.' I want to thank the citizens of my district for allowing me to experience life's greatest meaning. What I will miss the most is the personal reward and self-satisfaction that comes from being in a position to help others. Without a doubt, this has been the greatest honor in the world. The only drawback to serving in this legislative body is that we develop very bad habits that may cause us problems in future employment. This really wasn't a problem when we were allowed to stay here forever. But, in this era of term limits, we ought to consider changing our ways. Therefore, on a lighter note, I have come up with the top 10 reasons why legislators develop bad work habits that make them virtually unemployable in the private sector.

10. We can arrive at work a half hour late, and still be considered early.

9. We're only expected to be here about 90 days a year.

8. We hire people to do everything for us.

7. We can yell at people and they don't yell back.

6. We can skip work and still get paid.

5. We get free stuff for no apparent reason from people we don't even know.

4. People call us 'honorable' just to kiss up, even though deep down inside they equate our jobs to the oldest profession in the world.

3. We only have to answer to our boss once every two years.

2. There is no heavy lifting- after all, we hire people (reason #8) to carry all the free stuff we get (reason #5).

And now...the number one reason why legislators develop bad work habits that make them virtually unemployable in the private sector.

1. Legislators, like me, can get away with doing really dumb things like wearing tennis shoes to work every day and my boss won't even know because my boss is 100 miles away.

Finally I want to thank my colleagues for your friendship and kindness. Even those of you that think of me as a dinosaur from the past have gone out of your way to make me feel welcome. As someone who was not born in this country, I especially want to thank the American people for allowing me, my mother, father, brother, and sister to come to America. I want to thank the American people for their kindness and hospitality. It is testimony to the goodness of the American people that a little immigrant boy can come to America and grow up to be a member of the Michigan House of Representatives. The epitaph that I had inscribed on my mother and father's headstone reads: 'brave modern day pioneers who journeyed to this land of freedom and opportunity to make a better life for their family.'

In closing, I want to thank my colleagues, the citizens of the 30th district, and the American people for providing me and my family with the opportunity to achieve the American Dream."

Rep. Shulman:

"Thank you Mr. Speaker and Colleagues:

A review of my six years in the legislature and the last four years as Chair of Appropriations in only a few minutes would be a challenge, so I would like to reflect on one of my pleasures of serving; precious friendships that have been forged with so many of you on both sides of the aisle. It is impossible to mention each one by name, but please let me single out just one. The Speaker, Rick Johnson who has showed me how to lead with courage and wisdom for the common good of all.

To those who stay behind, I'd like to offer my best wishes for your good health and success in working to make Michigan number one in affording all citizens the opportunity to achieve their fullest potential.

In closing, I want to thank Todd Harcek, my office Chief of Staff, who has been with me for almost the entire six years, whose support and assistance was invaluable; to the clerks' office, especially May Lou. And of course I thank the spirit of my life, my wife Lois, who has sacrificed so much to allow me to serve the people of this great state.

It has been a privilege and an honor to serve the wonderful citizens of my district and of the great state of Michigan. Thank you for allowing me to be part of this great institution and to serve with all of you."

Rep. Hart:

"Well, today is the last day of a six year story and my feelings are bitter/sweet!

I will miss this institution and this institution's people; the grandeur of this room and this building, and the many good people here in this room right now.

I, like so many before me, want to share a few reflections of my time in the legislature.

This experience has provided me an opportunity to know and work with some very special human beings:

I will never forget Bill Byl: My seat mate and mentor during my first term here; Bill was a lover of knowledge and learning, full of integrity, and always willing to stand firm on his convictions while here.

I will never forget Rep and Professor Jon Jellema from Grand Haven: Jon was stately and wise man with depth; unafraid to vote his convictions even when they displeased his leadership and peers. Jon was one of this chamber's greatest giants!

Last session, we lost two other great lawmakers: Pan Godchaux and Mark Jansen:

Pan was bold and courageous, absolutely unafraid to passionately fight for the things she believed in. While her moderate positions tended to upset and confuse many members of her caucus, she always had very thoughtful and sincere reasons that she ably articulated for everything she did here. Pan was a great asset to this institution. She challenged conventional wisdom and forced her peers to think.

And then, there was my treasured friend Mark Jansen, a man of grace, compassion and kindness. Mark, like the others I just mentioned, was absolutely incapable of telling a lie. He was, and is a man of integrity, with a heart of gold, and yet, he too, had teeth of iron and was not a 'go along, get along' type of legislator.

Mark was always willing to stand alone if need be for the issues he believed in.

I mention these lawmakers because they were my role models during my first four years here. They were intellectually honest and humble people, always willing to learn and grow. They absolutely refused to let others (i.e. lobbyists, leadership, caucus mobs) do the thinking for them. They stayed true to themselves, were sincere, couldn't be bought, and always willing to do what they believed to be the right thing, even if it meant sanctions from leadership, social isolation, or political risk! They had guts, high ethical values, moral resolve, and, I believe, all left this chamber better and stronger people.

I mention these people to pay tribute to them, because they were leaders in the greatest sense of the term: They lead by example and their impact was greater than most realize.

My class has yielded leaders similar to Bill, Jon, Pan, and Mark. If I were an incoming freshman, I would want to sit down with and learn from such people like Charlie LaSata, Mike Pumford (my very good friend and seat mate), Gary Woronchak, Col. Jon Pappageorge, Ruth Ann Jamnick, Ken Bradstreet, Steve Ehardt, Lauren Hager, and others.

Why?

Because these lawmakers represent the values, dispositions, and skills that are indicative not only of great legislators, but of great human beings. They all leave here with the good hearts and great values they entered this place with.

They didn't corrupt their souls for short term, fleeting political success. They refused to compromise their goodness. I have to tell you, this is a big accomplishment, worthy of notice, even celebration, and perhaps, most importantly, emulation.

I leave my tenure here in the legislature with great affection for many people on both sides of the isle.

I've already mentioned several Republicans, but there are many Democrats as well. Rep. Hopgood, Clack, Phillips, Minor, and others. I think the world of you all. Ruth Ann Jamnick, you are my friend. Thanks for co-chairing the Michigan House Civics Commission with me. Alexander Lipsey, you're one of this institution's best! They really don't come any better than you. I wish you well.

And now my leader, Rick Johnson. While our relationship has been somewhat rocky over the past four years, I want you to know that I have seen remarkable growth in you during your tenure here, both as a leader and as a person. I believe you will be remembered for your warm heart and love for people. Not bad.

Lastly, I want to acknowledge the 73rd House District and my staff.

It has been an absolute honor representing the people of Northern Kent County. I thank them for choosing me as their representative. I have tried to be their servant leader.

Lastly, I want to say thank you to Tiffany Aurora, my treasured employee of the last several years. Tiffany, you have been loyal, meticulous, hardworking, teachable, and dependable. I will never forget your wonderful attitude and your service to me and the people of my district. Job well done!

Thank you Mr. Speaker for indulging me on this, my last day!"

Rep. Ruth Johnson:

"The opportunity to serve the people of the State of Michigan has been a great pleasure and honor. I would like to thank my husband Don Nanney, my daughter Emily Johnson Nanney, my Mother, Virginia Johnson, my brother Norm Johnson, sister Ina Golden and their families for their sacrifices, support and love. Emily was my greatest accomplishment and joy during my tenure, born June 22, 1999, during my first year in the House of Representatives and the same day as my husband and my 20th wedding anniversary.

I would like to thank my friends for volunteering many hours of hard work to help me get elected and the people that have entrusted me with the great responsibility of serving as their State Representative.

To be an effective State Representative one must work with good staff. I have been very fortunate to leave the House working with Erika Della Santina and Angel Sorrells as staff and Erin Martensen and Tim Sievers who have generously given their time, expertise and passion to serve the people of the State of Michigan. They have served with integrity and dedication and are the reason for my successes. Thanks to the all staff and the sergeants for their hard work and efforts. I would like to thank the media and press for doing a great job of covering Lansing news and making this remarkable system of Democracy work for the people.

One of the greatest pleasures of serving in the House has been working with so many people that personify a strong work ethic and integrity. I have enjoyed close friendships with staff and legislators from across this state, and it has been a highlight of serving. I am consistently amazed at the commitment, dedication and integrity of the members here. I feel blessed to have shared my time with you. Thank you; I have learned so much.

I would like to give special thanks to the Speaker of the House, Rick Johnson, for his leadership, ability to bring people together and his tenacity. He has served admirably with courage and conviction.

To maximize the effectiveness and credibility of the legislature this body must be open and disclose gratuities and contributions to administration, legislators and staff. Good public policy and the honor of this establishment are dependent upon such accountability. We must preserve the institutional nobility of this legislature by requiring greater efforts to ensure that third parties do not have undue influence over the legislative process and bring greater disclosure to the people.

In addition, strong laws should be in place to ensure that special interests do not have unnecessary weight and control over this legislative body, staff or administration. Several ways I feel this goal could effectively be accomplished would be to initiate the following:

* The rules for staff in regard to gratuities, events and entertainment should mirror legislators' limits ($44.00 per moth, per lobbyist)

* Discounts and gratuities on goods, entertainment, services and any travel and accommodations for administration, staff or legislators be declared and made public

* Legislators and their mates that are the CEO or board members of a foundation disclose the source and amount collected in a public document

* Newly elected legislators that have not taken office be required to follow all rules and laws on accepting gratuities, goods, entertainment, services and any travel or accommodations

* Prohibition of administration, staff or legislators receiving gratuities, goods, entertainment, services and any travel or accommodations by any entity seeking to do business or doing business with the State of Michigan

* Disclosure of potential conflict of interest by administration members having input on contracts and services

* Oversight and specific penalties for infractions

Bringing disclosure and accountability to government has been a long time goal of mine. The citizens of Michigan want and deserve to know how tax dollars are spent. One of the areas that we have reformed is the Intermediate School Districts. The following is a summary of the findings."

The bi-partisan House Subcommittee on Intermediate School District Review was formed on May 13, 2003. The creation was a result of unveiling questionable procedures that surfaced within different Intermediate School Districts (ISDs), ten of which were examined by the subcommittee. The information received by the subcommittee stemmed from a variety of sources, including a report from the Whall Group¹ , the United States General Accounting Office and ISD employees, teachers, parents and administrators. The investigation uncovered serious flaws within the ISD structure, which required legislative action. This legislation came in two packages containing several bills, entitled "Accountability 101" and "Accountability 102". The problems these packages aim to cure reach beyond the scope of the Oakland County ISD, which is often referred to as the poster child of the lack of accountability within the ISD system. This report will summarize some of the identified problems, how the legislation aims to correct these issues and what concerns remain despite the legislation.

The "Accountability" legislation is both a reasonable and common sense approach to safeguarding money meant to be spent on children and their education. There are too many instances of poor financial management, such as misspending bond proceeds, excess travel expenditures, alcohol purchases, and non-disclosed gratuities. As a result, it would be detrimental for this legislation to be overlooked or watered down. The purpose of this package is to give voters and taxpayers a watchful eye over the system to ensure that the education of our children is as it was intended.

Oakland Schools

Beginning in June 2002, employees of the Oakland Intermediate School District approached the Oakland Board of Education with their concerns regarding the actions of the superintendent and other top administrators, including assistant superintendents. The action taken by the board of education was to hire the Whall Group, a forensics firm from Auburn Hills, to audit the concerns that were brought forth in the memo, drafted by Oakland Schools' employee Sherry McMillan² and presented to the board of education. In November of 2002, a report was published by the Whall Group encompassing their findings, including concerns on administrator conduct regarding no-bid contracts with the Minds LLC, Minds Institute, DataServ, The Learning Company, Marconi, and OTech.

Freedom of Information Act Requests

On February 5, 2003, Representative Ruth A. Johnson made her first Freedom of Information Act (FOIA) request to the Oakland County Intermediate School District. Subsequently, over a period of 10 months, Representative Johnson made a total of 38 FOIA requests. A number of the requests made were repeat requests resulting from an incomplete, insufficient, or lack of an answer to the previous requests. Currently, all requests that were made by Representative Johnson to Oakland Schools have not been fully and completely answered or addressed. Several travel requests have not been fully answered and a number of the receipts requested are illegible.

The information gathered as a result of investigation and FOIA requests made was vast. It included W-2 records for 2002, contracts from almost 200 companies, which included evidence of no-bid contracts, travel records for top administrators and board members, copies of board of education minutes, top administrator contracts which included benefits and perks given to top administrators, and the memo given to the board of education in June, 2002.

¹The Whall Report, entitled Oakland Schools Board of Education, was created at the request of The Oakland County Intermediate School District. The report is Dated January 7, 2003 and reviews questionable business relations between Oakland ISD and other business entities, including MINDS LLC, MINDS Institute, The Learning Center, and DataServ. The document can be viewed in Appendix A of this report.

²The memo drafted by Sherry McMillan outlines the concerns she and other Oakland Schools employees had regarding business practices of the ISD. The document can be viewed in Appendix O of this report.

House Subcommittee on Intermediate School District Review

In May of 2002, the bi-partisan House Subcommittee on Intermediate School District Review was formed. Representative Ruth A. Johnson (R) was appointed chair and members included, Representative Kenneth Bradstreet (R), Representative Mike Nofs (R), Representative Andy Meisner (D), and Representative Virgil Smith (D). Through the fall of 2002, the subcommittee traveled to different areas of the state gathering testimony on the legislation that addressed the concerns raised by research into the intermediate school district system. These hearings increased the subcommittee's awareness of the challenges and concerns facing parents, students, and employees of the ISD system statewide. As a result, the subcommittee petitioned for and was granted subpoena power for Oakland Schools, which has been rare in the history of the Michigan House of Representatives.

Beginning on March 10, 2004, the Subcommittee held subpoena hearings with past and present employees of the Oakland County Intermediate School District in hopes of better understanding the reality and complexity of the problems within the intermediate school district system as a whole. Subpoena power was granted in House Resolution 60³ . This resolution granted the subcommittee power to of administer oaths, take sworn testimony, and examine files and records regarding the Oakland County Intermediate School District.

The following individuals were subpoenaed by the Subcommittee:

Chris Whall Director of the Whall Group

Dr. William Keane Oakland ISD Interim Superintendent

Sherry McMillan Oakland ISD Director of Human Resource Center

Tammy Evans Oakland ISD Director of Technology Services

John Fitzgerald Oakland ISD Director of Financial Service

Edward Stanulis Oakland ISD Assistant Director of Fund Development

Shelley Yorke Rose Oakland ISD Director of Communications and Marketing

C. Danford Austin, PhD Oakland ISD Assistant Superintendent

Steve Vuletich Former Oakland ISD employee

Jan VanDam Former Oakland ISD Assistant Superintendent

James Redmond, PhD Former Oakland ISD Superintendent

Carolyn Claerhout Oakland ISD Director of Legal Services

Brian Whiston Oakland ISD Director of Legislative Affairs, Director of Government and Community Services

Guy Blackburn Oakland ISD Consultant for Student Performance

Katrina Brunette Oakland ISD Manager of Officer Purchasing Management

Mark Rajter Oakland ISD Assistant Superintendent of Resource Management

Only nine of the 16 individuals appeared before the subcommittee at the request of the Office of the Attorney General as a result of a criminal investigation relating to one of the witnesses.

Chris Whall Brian Whiston James Redmond

Guy Blackburn Shelley Yorke Rose C. Danford Austin

Steve Vuletich William Keane Edward Stanulis

Also, questions asked of the individuals listed above were submitted to the Attorney General for approval due to criminal charges against the past Oakland Schools superintendent.

A number of issues of concern were discussed by the subcommittee and those testifying. Those issues included administrator salaries, business contracts, nepotism, and cronyism the memo drafted by Sherry McMillan⁴ given to the Oakland Schools Board of Education, the report written by the Whall Group, the FOIA process and the information received, and the conduct by the then Oakland Schools superintendent and the board of education's conduct as a result.

Legislation

The findings of the subcommittee are encompassed in the Accountability 101 and 102 packages. Governor Jennifer M. Granholm signed the Accountability 101 package into law on July 27, 2004 and the Accountability 102 package on November 30, 2004. Outlined below are the pieces of legislation included in the packages.

Accountability 101:

HB 4338 (H-7): Election Reforms: Recall, Popular Elections, Voting Districts

Introduces election reforms into the ISD system by establishing the right of recall for ISD Board members by the constituency and the governor. This law also allows for the constituency of an ISD to initiate term limits for board members by the petition process and increases local district participation in the ISD budget process by establishing an approval process for the ISD budget.

³See Appendix P

⁴See Appendix O

HB 5376 (H-3):Competitive Bidding Practices

Requires ISDs to competitively bid construction and remodeling projects, and changes bid posting requirements to require fewer postings in newspapers and instead require posting on a designated website, saving ISDs dollars.

House Bill 4947 (H-1):Sunshine on constituent board elected ISD Board procedures

Clarifies procedures for selection of an ISD Board under a constituent school district selected board system to eliminate secret selection procedures.

Accountability 102:

HB 5839:Millage

1. Michigan Department of Treasury (Department) would determine whether a millage has been misused. If the Department determines there is a violation, the school board has 15 days to appeal the decision before the case is turned over to the Michigan Attorney General's office. The Attorney General's office may either prosecute or refer the case to a local prosecutor. This applies to both vocational education and special education millages.

2. Direct that bond funds cannot be used for anything other than the original intent.

3. Requires that a millage can be levied for no more than 20 years

HB 5850:Penalties

1. Employees of an ISD cannot use ISD money for alcohol, jewelry, gifts, entertainment, golf, or any other illegal item ­ violations are a misdemeanor and are punishable up to 93 days in jail or $1,000 to $5,000 (sliding scale) which is ever greater and public money used must be paid back by whom and to which fund?

2. A person who knowingly violates the competitive bidding process would be guilty of a felony punishable by one year in prison or 10% of the cost of the project whichever is greater.

3. Person who knowingly violates proceeds from a bond or permits misuse would be guilty of a felony of up to one year in prison or 10% of the cost of the project whichever is greater. The standard of proof for the moving party is ...high standard of knowingly and intentionally.

HB 5851:Penalty Sentencing Guidelines

Companion bill to HB 5850 - sentencing guidelines

HB 5921:Conflict of Interest

1. No more than three ISD board members can also serve as members of a constituent board of education. Any members already serving on a local board are able to serve out the remainder of their terms in both positions.

2. ISD boards must adopt a conflict of interest policy.

3. Places a monthly limit of $44 on the value of goods or services a board member or administrator may accept from anyone doing business with the ISD.

4. The ISD cannot enter into a contract if a board member or an administrator is employed or does business with the company, has ownership in the company, or owes a fiduciary duty to the company

5. An ISD board member, administrator, or employee involved in the procurement process shall disclose any conflict ofinterest to the ISD board. The entire board must vote, on the record, regarding whether a conflict of interest has been found.

6. The ISD must ensure that employment contracts for administrators have moral turpitude clauses.

7. The ISD must adopt a policy to prohibit the use of ISD funds on alcohol, jewelry, gifts, tickets for entertainment or sporting events, golf or other recreational activities, and other illegal items. The law also prohibits funds from being provided to a third party for the afore-mentioned purchases.

HB 5475:Disclosure

Requires ISDS to report travel time, salary data under certain thresholds, contract information, and pupil numbers on its web site. A link for all ISDs also will be provided on the Michigan Department of Education web site.

HB 5457:Audits

Random performance audits of an ISD shall be overseen by the Department of Treasury. An outside auditor can be hired by Treasury to complete the audits. The bill requires an audit of five ISDs every two years.

The above stated legislation addresses a number of the concerns and problems that were both presented and discovered over the course of the last two years. It is a strong beginning in reforming Michigan's intermediate school district system and is a catalyst for further change to ensure every child gets a good education in a safe environment. One of the most important issues addressed in the legislation is the publishing of public information in a more user-friendly way. This allows ISDs to be accountable to the taxpayers of our state, which in turn ensures that the money earmarked for our children actually reaches the classroom.⁵

⁵Twelve percent of Oakland Schools' annual budget goes to the classroom.

Salaries and Benefits

The ISD Subcommittee found a variety of ways that intermediate school district superintendents were compensated for their work. The following items are included:

1. Car Allowances.

2. Non-Receipted Expenses.

3. Mortgage Payments.

4. Multiple Charge/Credit Cards.

5. Enhanced Tax Shelter Annuities.

6. Payments Made To State Retirement Fund.

7. Bonuses/Stipends.

8. Life Insurance.

9. Convertible Life Insurance.

10. Cash Value Of Car Provided At Time Of Retirement And Car.

11. Payment of Retiree Co-Payment of State Provided Insurances At Time Of Retirement For Life Of Retiree.

12. Payment of Life Insurance after Retirement.

13. Payment of Universal Whole-Life Insurance after Employee Termination.

14. FICA "Employee Social Security Taxes."

15. Travel Life Insurance for Both Personal And Business Activities

16. Vacation Bank (annual leave time) Saved and Paid Out at a Subsequent Period.

17. Sick Bank Saved and Paid Out at a Subsequent Period.

18. Conversion of Sick Days to Vacation Days and Paid Out at a Subsequent Period.

19. Time Off for Consultative Work With No Reduction in Salary.

20. In Lieu of Health Insurance (dollar for dollar or on a prorated basis).

21. Time Off for Winter and Spring Recess Plus Holidays and Vacation Days.

22. Taxes withheld, including FICA.

Lobbying Efforts:

During this process, there were a plethora of lobbyists working for Michigan's intermediate school districts, including individual, regional, association and multi-client firms, as well as public relations firms. According to testimony, money from the ISDs was paid to law firms, lobbying and public relations firms in Lansing to represent them at the Capitol which made it difficult to track the funds.

One lobbyist, among the many that were working on the issue, remarked, to active members in the process of passing the Accountability 101 and 102 packages, that he would stop the Accountability packages from making it through the legislative process or weaken the legislation. Also, top administrators from a number of ISDs throughout the state, told some parents of the children they serve that the ISD legislation would shut down services, including special education and vocational education by sending information to the homes.

Money earmarked for education has been paid to associations that in-turn hire lobbyists. An undetermined amount of money has been paid to law firms representing ISDs that contracts or hires lobbying and public relations firms. Additionally, some ISDs directly hire or contract for lobbying or public relations to fend off investigation and reporting on Michigan's intermediate school districts. In the case of Oakland County ISD, the board of education members did not appear to be informed as to the money paid to a law firm being partially spent on a Lansing public relations firm or a multi-client lobbying firm. Subsequently, the citizens of Oakland County ISD did not know about these expenditures.

A number of individual ISDs pay for several lobbyists through association fees. Some ISDs have regional lobbyists and others employ in-house lobbyists. Heavy lobbying efforts extended from Legislators to varied staff. The lobbying on behalf of the top ISD officials to fend off any investigation, research, subpoena power and legislation for ISDs was heavier and larger than has been seen from any one group, according to members of the Michigan House of Representatives who worked on this issue.

Reportedly, lobbying included a weekend retreat, golf, alcohol, dinners, entertainment, to threats to stop the investigation and demands which were common. It was stated that if ISD travel was investigated than the travel of the members of the Michigan House of Representatives would also have their travel investigated. Also, PAC money with the name of two ISD officials as the Treasurer, with the Oakland County ISD as the address, was used to donate money some legislators.

For example, an ISD lobbyist offered the Speaker of the House the resources the needed to implement one of his top priorities, a lap-top computer program for all sixth-graders called "Freedom to Learn," if he would stop the effort to halt the investigation of ISDs, hearings and subpoena power. (He declined and pushed for accountability and reform.)

Additionally, it was stated by an intermediate school district lobbyist that if the subcommittee chair made efforts to get more information on how ISDs operated or continued to try to get original FOIA questions answered by the Iosco RESA that he would work to block the ISD reform legislation and any report of findings.

Legislators, legislative staff, central staff and others were lobbied heavily during the course of the investigation. There are strong political connections between top some ISD administrators, and their organization, and some elected officials.

The fact that ISD board of education members are not voted for by the public do not have term limits, and often are voted for or appointed by the members of the local school boards can result, especially in small districts, with as few two local board members voting on behalf of an entire school district to elect the ISD board and the ISD superintendent, in districts of all sizes, having the opportunity to have substantial input on board membership.

Oakland Schools also commissioned a poll, which demonstrated that many people do not know the functions or responsibilities of an intermediate school district. Consequently, with a rather closed method of determining board of education members and little exposure to the public, Oakland Schools, and several others, were allowed to operate without checks and balances. In several of the ISDs there does not appear to be adequate scrutiny of contracts, efficacy, or outcome. Subsequently, taxpayer resources do not have needed accountability.

The mission, goals and objectives of ISDs appear to be fluid, making it difficult to determine if there is reasonable use of resources by the public. The state or federal government does not seem to follow up on requiring statistical information from ISDs regarding their performance. The Michigan Department of Education (MDOE) was informed in writing about two ISDs where substantial abuse was found. The MDOE took a limited amount of action on these issues, which was stated by Michigan Superintendent of Public Instruction, Tom Watkins during his testimony at the subcommittee on February 12 and November 30, 2004.

Michigan Department of Education

Two known letters were sent to the office of the Superintendent of Public Instruction regarding concerns with both the Oakland County Intermediate School District and the Iosco Regional Educational Service Agency (IRESA). Little reported action was taken directly by the MDOE as a result of these two separate letters. This issue has been addressed with Superintendent Tom Watkins in two subcommittee meetings who has no known plan to address concerns in the event of future problems.

In an effort to save funding, the MDOE has withdrawn from investigation ISDs and K-12 schools throughout Michigan. However, in statements made by Chris Whall of the Whall Group in his testimony on March 10, 2004, it was stated that for every $.25 spent on an audit there is an average savings of $.75 or a three to one payoff. The MDOE, when considering their annual budget, should prioritize their funding for oversight audits for Michigan's education system. As a result of any audits done, the MDOE should then report to the Michigan Legislature any of its findings. Also, based on testimony by Tom Watkins, the Legislature should consider getting annual updates on audits and statistical information not provided or reported by Michigan's ISDs.

ISD Business Contracts

Outlined in the Whall Report are a number of concerns regarding the bidding process for contracts at Oakland Schools⁶. In the past, a number of contracts were awarded as a result of a little to no bidding process and nepotism was not uncommon. Reportedly, several top administrators awarded contracts to businesses affiliated with their children and other family members.

The contracts awarded for millions of dollars were approved by the Oakland Schools board of education through numerous consent agendas presented, which were used to approve any business and a number of employment contracts entered into by the District with a statement of services to be rendered.

The Whall Report found serious issues with the bidding and contracting process⁷. These issues included the consent agendas approved by the board of education, nepotism, the lack on bidding on large contracts, and most importantly the companies that were off-shoots of MINDS⁸.

IOSCO RESA

As mentioned above, the Oakland County ISD is one of the several ISDs where there were reports of a lack of accountability in the system. There are similar concerns that must be addressed at the, Iosco Regional Educational Service Agency ("IRESA") shares similar concerns that must be examined and evaluated in order to clean up the system and move forward in the best interests of our children's education. This section examines the following questionable practices utilized by Iosco RESA: potentially unsound technology service contracts; questionable use of Universal Service Funds (USF), and the denial thereof; IRESA Technology center contract, conflict of interest penalties (resulting from a violation of USF policy), and a use of company vehicles for personal use.

⁶See Appendix A

⁷See Appendix A

⁸See Appendix A

One specific example of a questionable activity stems from IRESA's technology department. Research uncovered a questionable a contract with IRESA and Local Internet Service (LIS) for information technology services, dated November 9, 1999⁹. There was a three year contract set to provide the following services:

"1. Provide system engineering services on IOSCO RESA CONSORTIUM'S Internet system. The performance of such services under this Agreement shall be consistent with the parties' service policies as set forth in Appendix A which is attached to, and made part of this Agreement.

2. Provide "Help Desk" technical assistance to the IOSCO RESA CONSORTIUM Internet user community. The performance of such services under this Agreement shall be consistent with the parties' service policies as set forth in Appendix which is attached to, and made part of, this Agreement.

3. Develop and implement a plan for sales and marketing of the IOSCO RESA CONSORTIUM Internet system to the community and businesses within the IOSCO RESA CONSORTIUM territory.

4. Provide complete billing and reporting services for the IOSCO RESA CONSORTIUM Internet system. The performance of such services under this Agreement shall be consistent with the parties' service policies as set forth in Appendix C which is attached to, and made part of, this Agreement."

Jeff Hathoway, then president of LIS, was responsible for taking proposal requests, writing the request for the proposals and writing the USF grant for IRESA. The USF grant provided the funds necessary to pay LIS for its services. Mr. Hathoway's wife allegedly also served as president of LIS, possibly during the time Mr. Hathoway was creating Diversified Solutions and Services, Inc. (DSSI) with Gary Stepanian (also of First Virtual Communications, VCCR, and LIS). The web page for LIS is currently under construction.

In conjunction with the IRESA/LIS contract is an equipment lease agreement through Huntington Leasing Company¹⁰. This equipment lease agreement was signed by IRESA Superintendent, Thomas P. Caldwell, PhD on April 30, 1999. According to IRESA's October 11, 2004 FOIA response to Representative Ruth Johnson, this lease agreement was not approved by the board until June 9, 2004, where the minutes state: "Dr. Caldwell explained the Huntington Leasing agreement explaining that it was for computer and Internet access equipment, however, the Board never took action on the lease agreement, therefore, Dr. Caldwell is requesting the Board now sign a resolution stating they were aware of the lease and approve it. The document was prepared by Dr. Caldwell with attorney consultation."¹¹ It is unclear why this lease was necessary, as IRESA was receiving Universal Service Funds from the Schools and Libraries division of the Telecommunications Act of 1996. Furthermore, it is unclear why several other companies, which incidentally share officers and employees amongst themselves¹², were contracted during the contract period between IRESA and LIS, to maintain the services LIS was contracted to both provide and maintain. Included in this web of companies are First Virtual Communications, DSSI, VCCR, Ideal Technology, and M-33 Access.

On April 18, 2001, the First Virtual Communications bid was approved in the IRESA Board minutes.¹³ Dr. Caldwell noted that "because this is taxable and will be providing services with LIS, a private entity, we are not eligible for USF funding and are going to leave E-rate alone." It appears suspicious that a school would voluntarily decline USF resources, and the issue should be looked into further to determine whether imprudent dealings were involved. The First Virtual Communications Contract (FVC) was for $500,001.00 for WAN connectivity and equipment. Further, FVC bid was the low bid for the contract because FVC was allegedly aware that IRESA already owned switches necessary for the contract, and excluded these costs from their bid. This should be further researched, because IRESA maintains the competing contracts cannot be provided as they have been destroyed.¹⁴ Based on research, this bid could have some wrongful elements, which could have been brought to light under the Accountability packages. Current information tends to show that the technology summarized above is not yet in complete working order.

A second issue of concern to both the ISD subcommittee and taxpayers relates to the IRESA construction bid for its technical center. The accepted bid from B&B Construction was allegedly approved without including the price for a fire sprinkler system or sewer.¹⁵ This missing information would greatly reduce B&B's costs in the original bid, giving them an unfair advantage over other bidders, on a required item. The ISD subcommittee requested the bids from competing companies via a Freedom of Information Act request¹⁶ which was attempted to be blocked by MASA and MAISA. The information sent to Representative Ruth Johnson's office relating to the bid process showed that the B&B contract totaled $2,160,449.¹⁷ IRESA also included a bid sheet, prepared by IRESA, giving total dollar amounts of competing bids, and not the actual bid specifications as requested.¹⁸ The actual bid specifications could show the unfair

⁹Contract is attached in Appendix B.

¹⁰Lease agreement attached in Appendix C

¹¹See Appendix D

¹²Insert Appendix E ­ diagram of web of companies

¹³See Appendix F

¹⁴See Appendix G ­ letter from IRESA

¹⁵Appendix G

¹⁶Appendix H

¹⁷also Appendix H

¹⁸also Appendix H

advantage B&B had over the competing companies based on B&B leaving out valuable information from their bid. The addendum to the B&B construction agreement totaled an additional $500,213, which included a sprinkler system, fire alarm system, septic system, cabling and internet server (which is questionable because this cable was earlier declared to be the wrong type of cable), wireless internet access cable and a water well.¹⁹ This issue could have been prevented with proper accountability measures in place that would alert the taxpayers of the potential conflict of interest at issue with this contract.

The third major concern relating to IRESA relates to USF funds that were repaid to USF because IRESA violated the USF Conflict of Interest Policy. According to Mel Blackwell, Vice President of the Universal Service Administrative Company, the refund, or "commitment adjustment," was required because a service provider hired by IRESA was also an employee of IRESA. Law enforcement action was involved in this, however Mr. Blackwell is not certain of what action was taken or from which agency it was taken. The exact date of the commitment adjustment and exact amount are unclear.

Personal use of IRESA vehicles is the fourth key issue under investigation by the ISD Subcommittee. IRESA's attorney said IRESA Business Manager Ron Stec, who used the IRESA vehicle to attend classes at Saginaw Valley State University, is not in violation since he also visited Sam's Club on his trips to school to purchase items for IRESA vending machines.²⁰ However, Dr. Thomas Caldwell is in violation (based on him being reimbursed for mileage to and from work). Dr. Caldwell will reimburse IRESA $2,569.73 covering the period between June 1998 until December 2002.²¹

GAO REPORT SUMMARY

On April 2, 2000, the General Accounting Office (GAO) produced a report entitled Procurement of Michigan School-Based Medicaid Consulting Services (GAO/OSI-00-8R). This report was an indicator of the problems that would soon surface relating to the extreme lack of accountability within the intermediate school district system. A major issue of concern that has been addressed in the ISD Accountability bills relates to the $170,000 in gratuities that were spent on ISD officials from at least eight districts, unnamed in the GAO report, by Deloitte, and $101,000 spent during a one month procurement period in 1998. This money came in the form of professional sporting event tickets, meals and theater events. Additionally, the contract was above the going rate and did not follow the procurement process. An additional $230 million had to be returned from the State of Michigan to Medicaid. It is discussed in detail below.

States are permitted to use the Medicaid program to: (1) pay for certain health services provided to eligible children by schools, (2) pay the cost of administrative activities associated with providing Medicaid services in schools, and (3) coordinate and monitor Medicaid covered health services. In September of 1999, the Health Care Financing Administration regional office deferred Michigan's $33 million federal claim and requested Michigan prove their administrative activities were clearly linked to Medicaid. It was discovered that Michigan school districts submitted claims that inadequately document the need for Skilled Professional Medical Provides and claimed reimbursement for improper services such as health evaluations for non-Medicaid-eligible children. The investigation showed an approximate $28 million in improper federal reimbursement during a two year period. This problem was remedied in a settlement agreement in May of 2002. An author of the GAO document reported that Deloitte has never repaid the state the moneys they were overpaid. Deloitte was overpaid because they were given a percentage of the money returned to Michigan, and after Michigan entered the settlement agreement, Deloitte's percentage was never altered to reflect this lower sum. With proper contracting, accountability and oversight, these problems could have been avoided.

The issue examined by the GAO was whether the process used by the intermediate school districts complied with the United States Department of Health and Human Services' (HHS) procurement regulations. 45 C.F.R. §74.40. The finding of the report was that the procurement of the 1998 contracts by a consortium of eight Michigan intermediate school districts²² did not adhere to the HHS regulations. The eight ISDs each entered into individual contracts with Deloitte Consulting. It was determined that the Michigan School Districts: (1) failed to issue formal solicitations, (2) allowed one bidder, Medbill, to review the "analytical comparison" document prepared by its competitor, Deloitte, which caused Medbill to lower its fee 1 percent, and (3) a member of the school district committee advised Deloitte of Medbill's lower rate, causing Deloitte to update the analytical comparison, this being the final documentation of cost or price analysis. Deloitte was awarded the contract.

Then in addition, the GAO found that the school districts failed to be aware of organizational conflicts of interest as set out in the Federal Acquisition Regulations (FAR). Deloitte as the incumbent contractor and current competitor for

¹⁹also Appendix H

²⁰Appendix K (letter of Ron Stec Sam's club adventure)

²¹Appendix L (letter of Caldwell reimbursement amount)

²²Oakland Schools, Genesee County Intermediate School District, Wayne RESA, Kent Intermediate School District, Ingham Intermediate School District, C.O.O.R. Intermediate School District, Macomb Intermediate School District, and Benzie Intermediate School District

the new contract is potentially unable to render impartial assistance or advice to the school district committee concerning which vendor would be the best value to the school districts. Thus, the analytical comparison was deemed a violation of the FAR. Because the school districts failed to do an independent comparison of the competing companies and instead chose to rely on the comparison prepared by Deloitte, which was tainted because it was adjusted based on a confidential change in rate by Medbill, they were found to be in violation of the conflict of interest policy as set out in FAR.

The GAO ten did an expanded analysis of state practices relating to Medicaid reimbursement in schools; Improper Payments Demand Improvements in HCFA Oversight, GAO/HEHS/OSI-00-69, April 5, 2000. The report outlined school-based administrative activity and use of "bundled" rates for school-based Medicaid services. It was found that Michigan was among other states making improper reimbursement claims.

A third relevant report by the GAO tracks whether Deloitte provided gratuities to school officials during the procurement period for school-based Medicaid Consulting Services. GAO/OSI-00-14R, September 8, 2000. GAO concluded that Deloitte did provide gratuities, including meals and professional sporting event and theater tickets to the school district officials responsible for awarding the contract for Medicaid consulting services. Deloitte provided records showing it spent more than $170,000 on gratuities from 1997-1999. This is considered a conservative figure by GAO officials contacted during the research of this issue. Approximately $101,000 of the total was spent during the 1998 contract procurement process, and within one month of Deloitte being awarded the contract. Officials receiving the gratuities include members of the school district consortium's Medicaid Program Steering Committee and Contract Negotiation Committee. One example of such gratuities occurred in December 1997, the first month of the procurement process, when Deloitte paid $6,000 for a suite at a professional sporting arena for school district officials. Following this event, Deloitte and school district officials discussed procurement issues at two quarterly meetings. A second example includes $39,000 worth of professional sporting event tickets provided to school officials for two sporting events.

These gratuities are a potential violation of 18 USC §666 which prohibits, under certain circumstances, anything of value being paid to or accepted by an agent of an organization, or a state, local or Indian or tribal government, or any agency thereof for the purpose of influencing a business transaction involving anything of value of $5,000 or more. The case has been referred to the U.S. Attorney's Office. The status of the case is currently being researched.

Conclusion:

The conclusions reached by the subcommittee are that both of the legislative packages passed and signed in to law this year, Accountability 101 and 102, are the beginning of much needed reforms within the Michigan intermediate school district system. It should be the goal of the Legislature and all departments under the umbrella of the executive branch to be vigilant in ensuring that the money earmarked for our children's education actually reaches our children and that the money invested by taxpayers in our education system is accounted for. The results of the subcommittee's investigation will be the genesis of much needed change in a large governmental body that up until the passage and signing of the Accountability legislation was almost autonomous, lacking any significant oversight or scrutiny.

The services provided by intermediate school districts are vital to the education of our children. It is of the utmost importance that the State of Michigan continues to maintain checks on what is happening with the funding that is granted by the state and paid at the local level. It is only with this type of responsibility and attention that we can continue to have a first rate education system.

Recommendations

1. Establish a system to evaluate the efficiency of the services offered by intermediate school districts or the equivalent.

2. Ensure that the model used to provide the services that are currently being administered by ISDs are the most efficient way to get the resources to benefit the children of Michigan.

3. Require regular monitoring and performance audits of how those resources are used.

4. Provide oversight and accountability be establishing objective criteria by which cost and programming progress can be accessed by individual student and the institution providing services.

5. Establish objective and measurable individual outcomes for intermediate school districts or the equivalent.

6. Require the Michigan Department of Education to report what public acts they are not implementing for data collection, oversight and auditing.

7. Ensure that the Accountability 101 and 102 packages are implemented.

APPENDIX:

I. Whall Report

II. IRESA/LIS Contract

III. Huntington Leasing Equipment Lease Agreement

IV. Board Minutes of June 9, 2004 approving Huntington Lease

V. Web of Companies

VI. Create Chart of money paid to each tech company

VII. Letter from IRESA showing tech bids were destroyed

VIII. B&B Bid

IX. Bid sheet sent by IRESA for tech center (Showing that original bids were requested twice via FOIA on Aug 24, 2004 and Sept 17, 2004 ­ and original bids were never mentioned in IRESA answers)

X. B&B Addendum to Contract

XI. Letter to Kathy Weller from IRESA that Ron Stec went to Sams Club after his SVSU classes ­ making his employee vehicle use permissive

XII. Letter saying Dr. Caldwell is repaying money for his personal vehicle use.

XIII. Dr. James Redmond's W-2 for 2002

XIV. Letter from Dr. Guy Blackburn to Tom Watkins, Superintendent of Public Instruction

XV. Memo from Sherry McMillan to the Oakland Schools Board of Education

XVI. House Resolution 60

By unanimous consent the House returned to the order of

Second Reading of Bills

Senate Bill No. 601, entitled

A bill to amend 1909 PA 279, entitled "The home rule city act," by amending section 3 (MCL 117.3), as amended by 2002 PA 201.

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

The motion prevailed.

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

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

______

Rep. Hune moved that Reps. DeRoche and Ward be excused temporarily from today's session.

The motion prevailed.

Rep. Hood moved that Rep. Smith be excused temporarily from today's session.

The motion prevailed.

Rep. Nitz moved that Rep. Drolet 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. 601, entitled

A bill to amend 1909 PA 279, entitled "The home rule city act," by amending section 3 (MCL 117.3), as amended by 2002 PA 201.

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--101

Accavitti Gaffney Meyer Shaffer

Acciavatti Garfield Middaugh Sheen

Adamini Gieleghem Milosch Sheltrown

Amos Gillard Minore Spade

Anderson Gleason Moolenaar Stahl

Bieda Hager Mortimer Stakoe

Bisbee Hardman Murphy Stallworth

Bradstreet Hood Newell Steil

Brandenburg Hoogendyk Nitz Stewart

Brown Hopgood Nofs Tabor

Byrum Howell O'Neil Taub

Casperson Huizenga Palmer Tobocman

Caswell Hune Palsrok Vagnozzi

Caul Hunter Pappageorge Van Regenmorter

Cheeks Jamnick Pastor Vander Veen

Clack Johnson, Rick Phillips Voorhees

Condino Johnson, Ruth Plakas Walker

Daniels Julian Pumford Waters

Dennis Koetje Reeves Wenke

DeRossett Kolb Richardville Whitmer

Dillon Kooiman Rivet Williams

Ehardt LaJoy Robertson Wojno

Elkins LaSata Rocca Woodward

Emmons Lipsey Sak Woronchak

Farhat Meisner Shackleton Zelenko

Farrah

Nays--0

In The Chair: Julian

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 cities and for revising and amending their charters; to provide for certain powers and duties; to provide for the levy and collection of taxes by cities, borrowing of money, and issuance of bonds or other evidences of indebtedness; to validate actions taken, bonds issued, and obligations heretofore incurred; to prescribe penalties and provide remedies; and to repeal acts and parts of acts on specific dates,"

The House agreed to the full title.

Rep. Richardville 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. 1201, entitled

A bill to amend 1975 PA 197, entitled "An act to provide for the establishment of a downtown development authority; to prescribe its powers and duties; to correct and prevent deterioration in business districts; to encourage historic preservation; to authorize the acquisition and disposal of interests in real and personal property; to authorize the creation and implementation of development plans in the districts; to promote the economic growth of the districts; to create a board; to prescribe its powers and duties; to authorize the levy and collection of taxes; to authorize the issuance of bonds and other evidences of indebtedness; to authorize the use of tax increment financing; to reimburse downtown development authorities for certain losses of tax increment revenues; and to prescribe the powers and duties of certain state officials," by amending section 3 (MCL 125.1653), as amended by 1993 PA 323.

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

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

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

The motion prevailed.

Rep. Richardville 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. 1201, entitled

A bill to amend 1975 PA 197, entitled "An act to provide for the establishment of a downtown development authority; to prescribe its powers and duties; to correct and prevent deterioration in business districts; to encourage historic preservation; to authorize the acquisition and disposal of interests in real and personal property; to authorize the creation and implementation of development plans in the districts; to promote the economic growth of the districts; to create a board; to prescribe its powers and duties; to authorize the levy and collection of taxes; to authorize the issuance of bonds and other evidences of indebtedness; to authorize the use of tax increment financing; to reimburse downtown development authorities for certain losses of tax increment revenues; and to prescribe the powers and duties of certain state officials," by amending section 3 (MCL 125.1653), as amended by 1993 PA 323.

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--106

Accavitti Farrah McConico Sheen

Acciavatti Gaffney Meisner Sheltrown

Adamini Garfield Meyer Shulman

Amos Gieleghem Middaugh Spade

Anderson Gillard Milosch Stahl

Bieda Gleason Minore Stakoe

Bisbee Hager Moolenaar Stallworth

Bradstreet Hardman Mortimer Steil

Brandenburg Hart Murphy Stewart

Brown Hood Newell Tabor

Byrum Hoogendyk Nitz Taub

Casperson Hopgood Nofs Tobocman

Caswell Howell O'Neil Vagnozzi

Caul Huizenga Palmer Van Regenmorter

Cheeks Hummel Palsrok Vander Veen

Clack Hune Pappageorge Voorhees

Condino Hunter Pastor Walker

Daniels Jamnick Phillips Ward

Dennis Johnson, Rick Pumford Waters

DeRoche Johnson, Ruth Reeves Wenke

DeRossett Julian Richardville Whitmer

Dillon Koetje Robertson Williams

Drolet Kolb Rocca Wojno

Ehardt Kooiman Sak Woodward

Elkins LaJoy Shackleton Woronchak

Emmons LaSata Shaffer Zelenko

Farhat Lipsey

Nays--0

In The Chair: Julian

The House agreed to the title of the bill.

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

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

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

The motion prevailed.

Senate Bill No. 1458, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding sections 14721, 14723, and 14724.

(The bill was read a third time and postponed for the day on December 8, see House Journal No. 91, p. 2832.)

The question being on the passage of the bill,

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

Roll Call No. 1056 Yeas--100

Accavitti Gaffney Meisner Sheltrown

Acciavatti Gieleghem Meyer Smith

Adamini Gillard Middaugh Spade

Amos Gleason Milosch Stahl

Anderson Hager Minore Stakoe

Bieda Hart Moolenaar Stallworth

Bisbee Hood Murphy Steil

Brandenburg Hoogendyk Newell Stewart

Brown Hopgood Nitz Tabor

Byrum Howell Nofs Taub

Casperson Huizenga O'Neil Tobocman

Caswell Hummel Palmer Vagnozzi

Cheeks Hune Palsrok Van Regenmorter

Clack Hunter Pappageorge Vander Veen

Condino Jamnick Pastor Voorhees

Daniels Johnson, Rick Phillips Walker

Dennis Johnson, Ruth Pumford Ward

DeRoche Julian Reeves Waters

DeRossett Koetje Rivet Wenke

Dillon Kolb Robertson Whitmer

Ehardt Kooiman Rocca Williams

Elkins LaJoy Sak Wojno

Emmons LaSata Shackleton Woodward

Farhat Lipsey Shaffer Woronchak

Farrah McConico Sheen Zelenko

Nays--3

Bradstreet Drolet Garfield

In The Chair: Julian

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

"An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, and assessments; to provide certain appropriations; to prescribe penalties and provide remedies; to repeal certain parts of this act on a specific date; and to repeal certain acts and parts of acts,"

The House agreed to the full title.

Rep. Richardville 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. 1202, entitled

A bill to provide for the establishment of a historical neighborhood tax increment finance authority; to prescribe the powers and duties of the authority; to correct and prevent deterioration in neighborhoods and certain other areas; to authorize the acquisition and disposal of interests in real and personal property; to authorize the creation and implementation of development plans and development areas; to promote residential and economic growth; to create a board; to prescribe the powers and duties of the board; to authorize the issuance of bonds and other evidences of indebtedness; to authorize the use of tax increment financing; to prescribe powers and duties of certain state officials; to provide for rule promulgation; and to provide for enforcement of the act.

Was read a second time, and the question being on the adoption of the proposed amendment previously recommended by the Committee on Land Use and Environment (for amendment, see House Journal No. 88, p. 2638),

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

Reps. Nofs, LaJoy and Dennis moved to amend the bill as follows:

1. Amend page 19, line 21, after "authority." by inserting "In the event that the governing body levies a separate mileage for public library purposes, at the request of the public library board, that separate mileage shall be exempt from the capture.".

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

Rep. Ruth Johnson moved to amend the bill as follows:

1. Amend page 2, line 24, after "city" by inserting "or the supervisor of a township".

2. Amend page 4, line 2, after "city" by inserting "or township".

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

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

The motion prevailed.

Rep. Richardville 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. 1202, entitled

A bill to provide for the establishment of a historical neighborhood tax increment finance authority; to prescribe the powers and duties of the authority; to correct and prevent deterioration in neighborhoods and certain other areas; to authorize the acquisition and disposal of interests in real and personal property; to authorize the creation and implementation of development plans and development areas; to promote residential and economic growth; to create a board; to prescribe the powers and duties of the board; to authorize the issuance of bonds and other evidences of indebtedness; to authorize the use of tax increment financing; to prescribe powers and duties of certain state officials; to provide for rule promulgation; and to provide for enforcement of the act.

The bill was read a third time.

The question being on the passage of the bill,

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

The motion prevailed.

Second Reading of Bills

Senate Bill No. 1416, entitled

A bill to amend 1967 PA 288, entitled "Land division act," by amending sections 111, 112, 113, 114, 115, 116, 117, 118, 120, 131, 142, 147, 161, 162, 163, 164, 165, 166, 167, 168, 169, and 171 (MCL 560.111, 560.112, 560.113, 560.114, 560.115, 560.116, 560.117, 560.118, 560.120, 560.131, 560.142, 560.147, 560.161, 560.162, 560.163, 560.164, 560.165, 560.166, 560.167, 560.168, 560.169, and 560.171), sections 117 and 169 as amended by 1998 PA 549, and by adding sections 112a and 167a; and to repeal acts and parts of acts.

The bill was read a second time.

Rep. Ehardt moved to amend the bill as follows:

1. Amend page 2, line 5, after "floodplains" by inserting a comma "and airports".

2. Amend page 5, line 25, after "abuts" by inserting "an airport,".

3. Amend page 12, line 15, after "highways" by inserting "or airports".

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

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

The motion prevailed.

Rep. Richardville 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. 1416, entitled

A bill to amend 1967 PA 288, entitled "Land division act," by amending sections 111, 112, 113, 114, 115, 116, 117, 118, 120, 131, 142, 147, 161, 162, 163, 164, 165, 166, 167, 168, 169, and 171 (MCL 560.111, 560.112, 560.113, 560.114, 560.115, 560.116, 560.117, 560.118, 560.120, 560.131, 560.142, 560.147, 560.161, 560.162, 560.163, 560.164, 560.165, 560.166, 560.167, 560.168, 560.169, and 560.171), sections 117 and 169 as amended by 1998 PA 549, and by adding sections 112a and 167a; and to repeal acts and parts of acts.

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--106

Accavitti Farrah Meisner Shaffer

Acciavatti Gaffney Meyer Sheen

Adamini Garfield Middaugh Sheltrown

Amos Gieleghem Milosch Smith

Anderson Gillard Minore Spade

Bieda Gleason Moolenaar Stahl

Bisbee Hager Mortimer Stakoe

Bradstreet Hardman Murphy Stallworth

Brandenburg Hart Newell Steil

Brown Hood Nitz Stewart

Byrum Hoogendyk Nofs Taub

Casperson Hopgood O'Neil Tobocman

Caswell Huizenga Palmer Vagnozzi

Caul Hummel Palsrok Van Regenmorter

Cheeks Hune Pappageorge Vander Veen

Clack Hunter Pastor Voorhees

Condino Jamnick Phillips Walker

Daniels Johnson, Rick Plakas Ward

Dennis Johnson, Ruth Pumford Waters

DeRoche Julian Reeves Wenke

DeRossett Koetje Richardville Whitmer

Dillon Kolb Rivet Williams

Drolet Kooiman Robertson Wojno

Ehardt LaJoy Rocca Woodward

Elkins LaSata Sak Woronchak

Emmons Lipsey Shackleton Zelenko

Farhat McConico

Nays--0

In The Chair: Julian

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

"An act to regulate the division of land; to promote the public health, safety, and general welfare; to further the orderly layout and use of land; to require that the land be suitable for building sites and public improvements and that there be adequate drainage of the land; to provide for proper ingress and egress to lots and parcels; to promote proper surveying and monumenting of land subdivided and conveyed by accurate legal descriptions; to provide for the approvals to be obtained prior to the recording and filing of plats and other land divisions; to provide for the establishment of special assessment districts and for the imposition of special assessments to defray the cost of the operation and maintenance of retention basins for land within a final plat; to establish the procedure for vacating, correcting, and revising plats; to control residential building development within floodplain areas; to provide for reserving easements for utilities in vacated streets and alleys; to provide for the filing of amended plats; to provide for the making of assessors plats; to provide penalties for the violation of the provisions of this act; to repeal certain parts of this act on specific dates; and to repeal acts and parts of acts,"

The House agreed to the full title.

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

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

The House returned to the consideration of

Senate Bill No. 1202, entitled

A bill to provide for the establishment of a historical neighborhood tax increment finance authority; to prescribe the powers and duties of the authority; to correct and prevent deterioration in neighborhoods and certain other areas; to authorize the acquisition and disposal of interests in real and personal property; to authorize the creation and implementation of development plans and development areas; to promote residential and economic growth; to create a board; to prescribe the powers and duties of the board; to authorize the issuance of bonds and other evidences of indebtedness; to authorize the use of tax increment financing; to prescribe powers and duties of certain state officials; to provide for rule promulgation; and to provide for enforcement of the act.

(The bill was considered earlier today, see today's Journal p. 2857.)

The question being on the passage of the bill,

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

Roll Call No. 1058 Yeas--97

Accavitti Gleason Meyer Sheltrown

Acciavatti Hager Middaugh Smith

Adamini Hardman Milosch Spade

Amos Hart Moolenaar Stahl

Anderson Hood Mortimer Stakoe

Bieda Hoogendyk Newell Stallworth

Bisbee Hopgood Nitz Steil

Brandenburg Howell Nofs Stewart

Brown Huizenga O'Neil Taub

Byrum Hummel Palmer Tobocman

Casperson Hune Palsrok Vagnozzi

Cheeks Hunter Pappageorge Van Regenmorter

Clack Jamnick Pastor Vander Veen

Condino Johnson, Rick Phillips Voorhees

Daniels Johnson, Ruth Plakas Walker

Dennis Julian Pumford Ward

DeRoche Koetje Reeves Waters

Dillon Kolb Richardville Wenke

Ehardt Kooiman Robertson Whitmer

Elkins LaJoy Rocca Williams

Emmons LaSata Sak Wojno

Farhat Lipsey Shackleton Woodward

Farrah McConico Shaffer Woronchak

Gaffney Meisner Sheen Zelenko

Gillard

Nays--4

Bradstreet Caswell Drolet Garfield

In The Chair: Julian

The House agreed to the title of the bill.

Rep. Richardville 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. 1463, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 8117 (MCL 600.8117), as amended by 1997 PA 161.

Was read a second time, and the question being on the adoption of the proposed amendment previously recommended by the Committee on Judiciary (for amendment, see House Journal No. 87, p. 2557),

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

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

The motion prevailed.

Rep. Richardville 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. 1463, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 8117 (MCL 600.8117), as amended by 1997 PA 161.

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

Roll Call No. 1059 Yeas--92

Accavitti Farrah Meisner Sheen

Acciavatti Gaffney Meyer Sheltrown

Adamini Garfield Middaugh Shulman

Amos Gieleghem Milosch Spade

Anderson Gillard Moolenaar Stahl

Bieda Gleason Mortimer Stakoe

Bisbee Hager Murphy Stallworth

Brandenburg Hardman Newell Steil

Brown Hood Nitz Stewart

Byrum Hoogendyk Nofs Taub

Casperson Howell O'Neil Van Regenmorter

Caswell Huizenga Palmer Vander Veen

Caul Hummel Palsrok Voorhees

Cheeks Hune Pappageorge Walker

Clack Jamnick Pastor Ward

Daniels Johnson, Rick Phillips Waters

DeRoche Johnson, Ruth Plakas Wenke

DeRossett Julian Reeves Whitmer

Dillon Koetje Robertson Williams

Drolet Kooiman Rocca Wojno

Ehardt LaJoy Sak Woodward

Elkins LaSata Shackleton Woronchak

Farhat McConico Shaffer Zelenko

Nays--3

Condino Smith Tobocman

In The Chair: Julian

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.

Rep. Richardville 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. 925, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 51501, 51506, 51509, 51510, and 51513 (MCL 324.51501, 324.51506, 324.51509, 324.51510, and 324.51513), as added by 1995 PA 57, and by adding section 51503b.

The bill was read a second time.

Rep. Palsrok moved to amend the bill as follows:

1. Amend page 6, line 12, after "to" by striking out the balance of the bill and inserting "either of the following:

(a) Prescribed burns conducted in compliance with section 51503b.

(b) Prescribed burns conducted by a federal agency or state agency on land that the agency is authorized to manage.".

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

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

The motion prevailed.

Rep. Richardville 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. 925, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 51501, 51506, 51509, 51510, and 51513 (MCL 324.51501, 324.51506, 324.51509, 324.51510, and 324.51513), as added by 1995 PA 57, and by adding section 51503b.

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

Roll Call No. 1060 Yeas--101

Accavitti Farrah Lipsey Shackleton

Acciavatti Gaffney McConico Shaffer

Adamini Garfield Meisner Sheen

Amos Gieleghem Meyer Sheltrown

Anderson Gillard Middaugh Shulman

Bieda Gleason Milosch Smith

Bisbee Hager Minore Spade

Brandenburg Hardman Moolenaar Stahl

Brown Hart Mortimer Stakoe

Byrum Hood Newell Steil

Casperson Hoogendyk Nitz Tabor

Caswell Hopgood Nofs Taub

Caul Howell O'Neil Tobocman

Cheeks Huizenga Palmer Vagnozzi

Clack Hummel Palsrok Van Regenmorter

Condino Hune Pappageorge Vander Veen

Daniels Hunter Pastor Voorhees

Dennis Johnson, Rick Phillips Walker

DeRoche Johnson, Ruth Plakas Ward

DeRossett Julian Pumford Wenke

Dillon Koetje Reeves Whitmer

Drolet Kolb Richardville Williams

Ehardt Kooiman Robertson Wojno

Elkins LaJoy Rocca Woronchak

Emmons LaSata Sak Zelenko

Farhat

Nays--0

In The Chair: Julian

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

"An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, and assessments; to provide certain appropriations; to prescribe penalties and provide remedies; to repeal certain parts of this act on a specific date; and to repeal certain acts and parts of acts,"

The House agreed to the full title.

Rep. Richardville 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. 1175, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 16s of chapter XVII (MCL 777.16s), as amended by 2003 PA 183.

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 Justice,

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

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

The motion prevailed.

Rep. Richardville 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. 1175, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 16s of chapter XVII (MCL 777.16s), as amended by 2003 PA 183.

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

Roll Call No. 1061 Yeas--105

Accavitti Farrah McConico Sheen

Acciavatti Gaffney Meisner Sheltrown

Adamini Garfield Meyer Shulman

Amos Gieleghem Middaugh Smith

Anderson Gillard Milosch Spade

Bieda Gleason Minore Stahl

Bisbee Hager Moolenaar Stakoe

Bradstreet Hardman Mortimer Stallworth

Brandenburg Hart Murphy Steil

Brown Hood Newell Tabor

Byrum Hoogendyk Nitz Taub

Casperson Hopgood Nofs Tobocman

Caswell Howell O'Neil Vagnozzi

Caul Huizenga Palmer Van Regenmorter

Cheeks Hummel Palsrok Vander Veen

Clack Hune Pastor Voorhees

Condino Hunter Phillips Walker

Daniels Jamnick Plakas Ward

Dennis Johnson, Rick Pumford Waters

DeRoche Julian Reeves Wenke

DeRossett Koetje Richardville Whitmer

Dillon Kolb Robertson Williams

Drolet Kooiman Rocca Wojno

Ehardt LaJoy Sak Woodward

Elkins LaSata Shackleton Woronchak

Emmons Lipsey Shaffer Zelenko

Farhat

Nays--0

In The Chair: Julian

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. Richardville 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. 1176, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," (MCL 750.1 to 750.568) by adding section 395.

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 Justice,

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

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

The motion prevailed.

Rep. Richardville 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. 1176, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," (MCL 750.1 to 750.568) by adding section 395.

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

Roll Call No. 1062 Yeas--103

Accavitti Farhat McConico Sheltrown

Acciavatti Farrah Meisner Shulman

Adamini Gaffney Meyer Smith

Amos Garfield Middaugh Spade

Anderson Gieleghem Milosch Stahl

Bieda Gillard Moolenaar Stakoe

Bisbee Gleason Mortimer Steil

Bradstreet Hager Murphy Stewart

Brandenburg Hardman Newell Tabor

Brown Hart Nitz Taub

Byrum Hoogendyk Nofs Tobocman

Casperson Hopgood O'Neil Vagnozzi

Caswell Howell Palmer Van Regenmorter

Caul Huizenga Pappageorge Vander Veen

Cheeks Hummel Pastor Voorhees

Clack Hune Phillips Walker

Condino Hunter Plakas Ward

Daniels Jamnick Pumford Waters

Dennis Johnson, Rick Reeves Wenke

DeRoche Johnson, Ruth Richardville Whitmer

DeRossett Julian Rivet Williams

Dillon Kolb Robertson Wojno

Drolet Kooiman Rocca Woodward

Ehardt LaJoy Sak Woronchak

Elkins LaSata Shaffer Zelenko

Emmons Lipsey Sheen

Nays--1

Koetje

In The Chair: Julian

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. Richardville 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. 1287, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 211a (MCL 750.211a), as amended by 2003 PA 257.

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 Justice,

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

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

The motion prevailed.

Rep. Richardville 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. 1287, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 211a (MCL 750.211a), as amended by 2003 PA 257.

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

Roll Call No. 1063 Yeas--103

Accavitti Farrah Meyer Shulman

Acciavatti Gaffney Milosch Smith

Adamini Gieleghem Minore Spade

Amos Gillard Moolenaar Stahl

Anderson Gleason Mortimer Stakoe

Bieda Hager Murphy Stallworth

Bisbee Hardman Newell Steil

Bradstreet Hart Nitz Stewart

Brandenburg Hood Nofs Tabor

Brown Hopgood O'Neil Taub

Byrum Howell Palmer Tobocman

Casperson Huizenga Palsrok Vagnozzi

Caswell Hune Pappageorge Van Regenmorter

Caul Hunter Pastor Vander Veen

Cheeks Jamnick Phillips Voorhees

Clack Johnson, Rick Plakas Walker

Condino Johnson, Ruth Pumford Ward

Daniels Julian Reeves Waters

Dennis Koetje Richardville Wenke

DeRoche Kolb Rivet Whitmer

DeRossett Kooiman Robertson Williams

Dillon LaJoy Rocca Wojno

Ehardt LaSata Sak Woodward

Elkins Lipsey Shackleton Woronchak

Emmons McConico Shaffer Zelenko

Farhat Meisner Sheltrown

Nays--6

Drolet Hoogendyk Middaugh Sheen

Garfield Hummel

In The Chair: Julian

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. Richardville 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. 1288, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 16k of chapter XVII (MCL 777.16k), as amended by 2001 PA 136.

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 Justice,

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

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

The motion prevailed.

Rep. Richardville 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. 1288, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 16k of chapter XVII (MCL 777.16k), as amended by 2001 PA 136.

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

Roll Call No. 1064 Yeas--102

Accavitti Farhat McConico Shaffer

Acciavatti Farrah Meisner Shulman

Adamini Gaffney Meyer Spade

Amos Garfield Middaugh Stahl

Anderson Gieleghem Milosch Stakoe

Bieda Gillard Minore Stallworth

Bisbee Gleason Moolenaar Steil

Bradstreet Hager Mortimer Stewart

Brandenburg Hardman Murphy Tabor

Brown Hart Newell Taub

Byrum Hood Nitz Tobocman

Casperson Hopgood Nofs Vagnozzi

Caswell Howell O'Neil Van Regenmorter

Caul Huizenga Palmer Vander Veen

Cheeks Hummel Palsrok Voorhees

Clack Hune Pappageorge Walker

Condino Hunter Pastor Ward

Daniels Jamnick Plakas Waters

Dennis Johnson, Rick Pumford Wenke

DeRoche Julian Reeves Whitmer

DeRossett Koetje Richardville Williams

Dillon Kolb Robertson Wojno

Drolet Kooiman Rocca Woodward

Ehardt LaJoy Sak Woronchak

Elkins LaSata Shackleton Zelenko

Emmons Lipsey

Nays--2

Hoogendyk Sheen

In The Chair: Julian

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. Richardville 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. 1266, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 30903 and 30927 (MCL 324.30903 and 324.30927), as added by 1995 PA 59, and by adding section 30929.

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

The motion prevailed.

Rep. Richardville 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. 1266, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 30903 and 30927 (MCL 324.30903 and 324.30927), as added by 1995 PA 59, and by adding section 30929.

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

Roll Call No. 1065 Yeas--108

Acciavatti Gaffney Meisner Sheen

Adamini Garfield Meyer Sheltrown

Amos Gieleghem Middaugh Shulman

Anderson Gillard Milosch Smith

Bieda Gleason Minore Spade

Bisbee Hager Moolenaar Stahl

Bradstreet Hardman Mortimer Stakoe

Brandenburg Hart Murphy Stallworth

Brown Hood Newell Steil

Byrum Hoogendyk Nitz Stewart

Casperson Hopgood Nofs Tabor

Caswell Howell O'Neil Taub

Caul Huizenga Palmer Tobocman

Cheeks Hummel Palsrok Vagnozzi

Clack Hune Pappageorge Van Regenmorter

Condino Hunter Pastor Vander Veen

Daniels Jamnick Phillips Voorhees

Dennis Johnson, Rick Plakas Walker

DeRoche Johnson, Ruth Pumford Ward

DeRossett Julian Reeves Waters

Dillon Koetje Richardville Wenke

Drolet Kolb Rivet Whitmer

Ehardt Kooiman Robertson Williams

Elkins LaJoy Rocca Wojno

Emmons LaSata Sak Woodward

Farhat Lipsey Shackleton Woronchak

Farrah McConico Shaffer Zelenko

Nays--0

In The Chair: Julian

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

"An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, and assessments; to provide certain appropriations; to prescribe penalties and provide remedies; to repeal certain parts of this act on a specific date; and to repeal certain acts and parts of acts,"

The House agreed to the full title.

Rep. Richardville 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. 1243, entitled

A bill to amend 2001 PA 142, entitled "Michigan memorial highway act," (MCL 250.1001 to 250.1100) by adding section 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 Transportation,

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

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

The motion prevailed.

Rep. Richardville 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. 1243, entitled

A bill to amend 2001 PA 142, entitled "Michigan memorial highway act," (MCL 250.1001 to 250.1100) by adding section 73.

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

Roll Call No. 1066 Yeas--108

Accavitti Gaffney Meisner Sheen

Acciavatti Garfield Meyer Sheltrown

Adamini Gieleghem Middaugh Shulman

Amos Gillard Milosch Smith

Anderson Gleason Minore Spade

Bieda Hager Moolenaar Stahl

Bisbee Hardman Mortimer Stakoe

Bradstreet Hart Murphy Stallworth

Brown Hood Newell Steil

Byrum Hoogendyk Nitz Stewart

Casperson Hopgood Nofs Tabor

Caswell Howell O'Neil Taub

Caul Huizenga Palmer Tobocman

Cheeks Hummel Palsrok Vagnozzi

Clack Hune Pappageorge Van Regenmorter

Condino Hunter Pastor Vander Veen

Daniels Jamnick Phillips Voorhees

Dennis Johnson, Rick Plakas Walker

DeRoche Johnson, Ruth Pumford Ward

DeRossett Julian Reeves Waters

Dillon Koetje Richardville Wenke

Drolet Kolb Rivet Whitmer

Ehardt Kooiman Robertson Williams

Elkins LaJoy Rocca Wojno

Emmons LaSata Sak Woodward

Farhat Lipsey Shackleton Woronchak

Farrah McConico Shaffer Zelenko

Nays--0

In The Chair: Julian

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

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

A bill to amend 2001 PA 142, entitled "An act to consolidate prior acts naming certain Michigan highways; to provide for the naming of certain highways; to prescribe certain duties of the state transportation department; and to repeal acts and parts of acts and certain resolutions," (MCL 250.1001 to 250.1100) by adding section 74.

The motion prevailed.

The House agreed to the title as amended.

Rep. Richardville 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. 184, entitled

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

The bill was read a second time.

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

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

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

The motion prevailed.

Rep. Richardville 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. 184, entitled

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

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

Roll Call No. 1067 Yeas--105

Accavitti Gaffney Meisner Shaffer

Acciavatti Garfield Meyer Sheen

Adamini Gieleghem Middaugh Sheltrown

Amos Gillard Milosch Shulman

Anderson Gleason Minore Smith

Bieda Hager Moolenaar Spade

Bisbee Hardman Mortimer Stahl

Bradstreet Hart Murphy Stakoe

Brandenburg Hood Newell Stallworth

Brown Hoogendyk Nitz Steil

Byrum Hopgood Nofs Tabor

Casperson Howell O'Neil Taub

Caswell Huizenga Palmer Tobocman

Caul Hummel Palsrok Vagnozzi

Cheeks Hune Pappageorge Van Regenmorter

Clack Hunter Pastor Vander Veen

Condino Jamnick Phillips Voorhees

Daniels Johnson, Rick Plakas Walker

Dennis Johnson, Ruth Pumford Ward

DeRoche Julian Reeves Waters

Dillon Koetje Richardville Wenke

Drolet Kolb Rivet Whitmer

Ehardt Kooiman Robertson Wojno

Elkins LaSata Rocca Woodward

Emmons Lipsey Sak Woronchak

Farhat McConico Shackleton Zelenko

Farrah

Nays--0

In The Chair: Julian

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

"An act to provide for the levy, assessment and collection of a specific excise tax on the storage, use or consumption in this state of tangible personal property and certain services; to appropriate the proceeds thereof; and to prescribe penalties for violations of the provisions of this act,"

The House agreed to the full title.

Rep. Richardville 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. 231, entitled

A bill to amend 1974 PA 258, entitled "Mental health code," by amending section 742 (MCL 330.1742), as amended by 1996 PA 588.

The bill was read a second time.

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

The motion prevailed.

Rep. Richardville 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. 231, entitled

A bill to amend 1974 PA 258, entitled "Mental health code," by amending section 742 (MCL 330.1742), as amended by 1996 PA 588.

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

Roll Call No. 1068 Yeas--106

Accavitti Farrah Meisner Sheltrown

Acciavatti Gaffney Middaugh Shulman

Adamini Garfield Milosch Smith

Amos Gieleghem Minore Spade

Anderson Gleason Moolenaar Stahl

Bieda Hager Mortimer Stakoe

Bisbee Hardman Murphy Stallworth

Bradstreet Hart Newell Steil

Brandenburg Hood Nitz Stewart

Brown Hoogendyk Nofs Tabor

Byrum Hopgood O'Neil Taub

Casperson Howell Palmer Tobocman

Caswell Huizenga Palsrok Vagnozzi

Caul Hummel Pappageorge Van Regenmorter

Cheeks Hune Pastor Vander Veen

Clack Hunter Phillips Voorhees

Condino Jamnick Plakas Walker

Daniels Johnson, Rick Pumford Ward

Dennis Johnson, Ruth Reeves Waters

DeRoche Julian Richardville Wenke

DeRossett Koetje Robertson Whitmer

Dillon Kolb Rocca Williams

Drolet Kooiman Sak Wojno

Ehardt LaJoy Shackleton Woodward

Elkins LaSata Shaffer Woronchak

Emmons Lipsey Sheen Zelenko

Farhat McConico

Nays--0

In The Chair: Julian

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

"An act to codify, revise, consolidate, and classify the laws relating to mental health; to prescribe the powers and duties of certain state and local agencies and officials and certain private agencies and individuals; to regulate certain agencies and facilities providing mental health services; to provide for certain charges and fees; to establish civil admission procedures for individuals with mental illness or developmental disability; to establish guardianship procedures for individuals with developmental disability; to establish procedures regarding individuals with mental illness or developmental disability who are in the criminal justice system; to provide for penalties and remedies; and to repeal acts and parts of acts,"

The House agreed to the full title.

Rep. Richardville 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. 683, entitled

A bill to amend 1974 PA 258, entitled "Mental health code," by amending section 401 (MCL 330.1401), as amended by 1995 PA 290.

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. Ehardt moved to amend the bill as follows:

1. Amend page 2, line 13, after "(d)" by inserting "For the purpose of determining eligibility for assisted outpatient treatment, a person requiring treatment under this subsection is".

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

Rep. Ehardt moved to amend the bill as follows:

1. Amend page 2, line 13, after "illness," by inserting "whose understanding of the need for treatment is impaired to the point that he or she is unlikely to participate in treatment voluntarily,".

2. Amend page 2, line 15, after "professional" by inserting "and that has been determined to be necessary to prevent a relapse or harmful deterioration of his or her condition".

3. Amend page 2, line 20, after "months" by striking out the balance of the sentence and inserting a period.

4. Amend page 2, line 25, after "is" by inserting "only".

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

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

The motion prevailed.

Rep. Richardville 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. 683, entitled

A bill to amend 1974 PA 258, entitled "Mental health code," by amending section 401 (MCL 330.1401), as amended by 1995 PA 290.

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

Roll Call No. 1069 Yeas--102

Accavitti Farrah Meisner Sheltrown

Acciavatti Gaffney Meyer Shulman

Adamini Garfield Middaugh Smith

Amos Gieleghem Milosch Spade

Anderson Gillard Minore Stahl

Bieda Gleason Moolenaar Stakoe

Bisbee Hager Mortimer Stallworth

Bradstreet Hardman Murphy Stewart

Brandenburg Hood Newell Tabor

Brown Hoogendyk Nitz Taub

Byrum Hopgood Nofs Tobocman

Casperson Howell O'Neil Vagnozzi

Caswell Huizenga Palmer Van Regenmorter

Caul Hummel Palsrok Vander Veen

Cheeks Hune Pappageorge Voorhees

Clack Hunter Pastor Walker

Condino Jamnick Plakas Ward

Daniels Johnson, Rick Pumford Waters

Dennis Johnson, Ruth Reeves Wenke

DeRossett Julian Rivet Whitmer

Dillon Kolb Robertson Williams

Drolet Kooiman Sak Wojno

Ehardt LaJoy Shackleton Woodward

Elkins LaSata Shaffer Woronchak

Emmons Lipsey Sheen Zelenko

Farhat McConico

Nays--2

Koetje Steil

In The Chair: Julian

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

"An act to codify, revise, consolidate, and classify the laws relating to mental health; to prescribe the powers and duties of certain state and local agencies and officials and certain private agencies and individuals; to regulate certain agencies and facilities providing mental health services; to provide for certain charges and fees; to establish civil admission procedures for individuals with mental illness or developmental disability; to establish guardianship procedures for individuals with developmental disability; to establish procedures regarding individuals with mental illness or developmental disability who are in the criminal justice system; to provide for penalties and remedies; and to repeal acts and parts of acts,"

The House agreed to the full title.

Second Reading of Bills

Senate Bill No. 684, entitled

A bill to amend 1974 PA 258, entitled "Mental health code," by amending sections 226 and 469a (MCL 330.1226 and 330.1469a), section 226 as amended by 2002 PA 595 and section 469a as added by 1996 PA 588, and by adding section 433.

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. Ehardt moved to amend the bill as follows:

1. Amend page 7, line 3, after the first "services" by striking out "or assertive community treatment team services".

2. Amend page 7, following line 11, by inserting:

"(g) Assertive community treatment team services." and relettering the remaining subdivisions.

3. Amend page 10, line 16, after "services" by striking out "or assertive community treatment team services".

4. Amend page 10, following line 25, by inserting:

"(g) Assertive community treatment team services." and relettering the remaining subdivisions.

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

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

The motion prevailed.

Rep. Richardville 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. 684, entitled

A bill to amend 1974 PA 258, entitled "Mental health code," by amending sections 226 and 469a (MCL 330.1226 and 330.1469a), section 226 as amended by 2002 PA 595 and section 469a as added by 1996 PA 588, and by adding section 433.

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

Roll Call No. 1070 Yeas--103

Accavitti Farrah Meisner Sheltrown

Acciavatti Gaffney Meyer Shulman

Adamini Garfield Middaugh Smith

Amos Gieleghem Milosch Spade

Anderson Gillard Minore Stahl

Bieda Gleason Moolenaar Stakoe

Bisbee Hager Mortimer Stallworth

Bradstreet Hardman Nitz Steil

Brandenburg Hood Nofs Stewart

Byrum Hoogendyk O'Neil Tabor

Casperson Hopgood Palmer Taub

Caswell Howell Palsrok Tobocman

Caul Huizenga Pappageorge Vagnozzi

Cheeks Hummel Pastor Van Regenmorter

Clack Hune Phillips Vander Veen

Condino Hunter Plakas Voorhees

Daniels Jamnick Pumford Walker

Dennis Johnson, Rick Reeves Ward

DeRoche Johnson, Ruth Richardville Waters

DeRossett Julian Rivet Whitmer

Dillon Koetje Robertson Williams

Drolet Kolb Rocca Wojno

Ehardt Kooiman Sak Woodward

Elkins LaJoy Shackleton Woronchak

Emmons LaSata Shaffer Zelenko

Farhat McConico Sheen

Nays--0

In The Chair: Julian

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

"An act to codify, revise, consolidate, and classify the laws relating to mental health; to prescribe the powers and duties of certain state and local agencies and officials and certain private agencies and individuals; to regulate certain agencies and facilities providing mental health services; to provide for certain charges and fees; to establish civil admission procedures for individuals with mental illness or developmental disability; to establish guardianship procedures for individuals with developmental disability; to establish procedures regarding individuals with mental illness or developmental disability who are in the criminal justice system; to provide for penalties and remedies; and to repeal acts and parts of acts,"

The House agreed to the full title.

Second Reading of Bills

Senate Bill No. 685, entitled

A bill to amend 1974 PA 258, entitled "Mental health code," by amending sections 472a, 473, and 475 (MCL 330.1472a, 330.1473, and 330.1475), sections 472a and 475 as added and section 473 as amended by 1996 PA 588.

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. Ehardt moved to amend the bill as follows:

1. Amend page 6, line 21, after "require" by striking out the balance of the subsection and inserting "1 or more of the following, without a hearing:

(a) That the individual be taken to the preadmission screening unit established by the community mental health services program serving the community in which the individual resides.

(b) That the individual be hospitalized for a period of not more than 10 days.

(c) Upon recommendation by the community mental health services program serving the community in which the individual resides, that the individual be hospitalized for a period of more than 10 days, but not longer than the duration of the order for assisted outpatient treatment or not longer than 90 days, whichever is less.

(5) The court may direct peace officers to transport the individual to a designated facility or a preadmission screening unit, as applicable, and the court may specify conditions under which the individual may return to assisted outpatient treatment before the order expires." and renumbering the remaining subsection.

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

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

The motion prevailed.

Rep. Richardville 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. 685, entitled

A bill to amend 1974 PA 258, entitled "Mental health code," by amending sections 472a, 473, and 475 (MCL 330.1472a, 330.1473, and 330.1475), sections 472a and 475 as added and section 473 as amended by 1996 PA 588.

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

Roll Call No. 1071 Yeas--103

Accavitti Farrah Meyer Sheltrown

Acciavatti Gaffney Middaugh Shulman

Adamini Garfield Milosch Smith

Amos Gieleghem Minore Spade

Anderson Gillard Moolenaar Stahl

Bieda Gleason Mortimer Stakoe

Bisbee Hager Murphy Stallworth

Bradstreet Hardman Newell Steil

Brandenburg Hoogendyk Nitz Stewart

Brown Hopgood Nofs Tabor

Byrum Howell O'Neil Taub

Casperson Huizenga Palmer Tobocman

Caswell Hummel Palsrok Vagnozzi

Caul Hune Pappageorge Vander Veen

Cheeks Hunter Pastor Voorhees

Clack Johnson, Rick Phillips Walker

Condino Johnson, Ruth Plakas Ward

Daniels Julian Pumford Waters

DeRoche Koetje Richardville Wenke

DeRossett Kolb Rivet Whitmer

Dillon Kooiman Robertson Williams

Drolet LaJoy Rocca Wojno

Ehardt LaSata Sak Woodward

Elkins Lipsey Shackleton Woronchak

Emmons McConico Shaffer Zelenko

Farhat Meisner Sheen

Nays--0

In The Chair: Julian

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

"An act to codify, revise, consolidate, and classify the laws relating to mental health; to prescribe the powers and duties of certain state and local agencies and officials and certain private agencies and individuals; to regulate certain agencies and facilities providing mental health services; to provide for certain charges and fees; to establish civil admission procedures for individuals with mental illness or developmental disability; to establish guardianship procedures for individuals with developmental disability; to establish procedures regarding individuals with mental illness or developmental disability who are in the criminal justice system; to provide for penalties and remedies; and to repeal acts and parts of acts,"

The House agreed to the full title.

Second Reading of Bills

Senate Bill No. 686, entitled

A bill to amend 1974 PA 258, entitled "Mental health code," by amending sections 100a and 161 (MCL 330.1100a and 330.1161), as amended by 1998 PA 497, and by adding section 116a.

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. Ehardt moved to amend the bill as follows:

1. Amend page 3, line 14, after "behavior" by striking out the balance of the sentence and inserting a period.

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

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

The motion prevailed.

Rep. Richardville 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. 686, entitled

A bill to amend 1974 PA 258, entitled "Mental health code," by amending sections 100a and 161 (MCL 330.1100a and 330.1161), as amended by 1998 PA 497, and by adding section 116a.

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

Roll Call No. 1072 Yeas--108

Accavitti Gaffney Meisner Sheen

Acciavatti Garfield Meyer Sheltrown

Adamini Gieleghem Middaugh Shulman

Amos Gillard Milosch Smith

Anderson Gleason Minore Spade

Bieda Hager Moolenaar Stahl

Bisbee Hardman Mortimer Stakoe

Bradstreet Hart Murphy Stallworth

Brandenburg Hood Newell Steil

Brown Hoogendyk Nitz Stewart

Byrum Hopgood Nofs Tabor

Casperson Howell O'Neil Taub

Caswell Huizenga Palmer Tobocman

Caul Hummel Palsrok Vagnozzi

Cheeks Hune Pappageorge Van Regenmorter

Clack Hunter Pastor Vander Veen

Condino Jamnick Phillips Voorhees

Daniels Johnson, Rick Plakas Walker

Dennis Johnson, Ruth Pumford Ward

DeRoche Julian Reeves Waters

DeRossett Koetje Richardville Wenke

Dillon Kolb Rivet Whitmer

Drolet Kooiman Robertson Williams

Elkins LaJoy Rocca Wojno

Emmons LaSata Sak Woodward

Farhat Lipsey Shackleton Woronchak

Farrah McConico Shaffer Zelenko

Nays--0

In The Chair: Julian

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

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

A bill to amend 1974 PA 258, entitled "An act to codify, revise, consolidate, and classify the laws relating to mental health; to prescribe the powers and duties of certain state and local agencies and officials and certain private agencies and individuals; to regulate certain agencies and facilities providing mental health services; to provide for certain charges and fees; to establish civil admission procedures for individuals with mental illness or developmental disability; to establish guardianship procedures for individuals with developmental disability; to establish procedures regarding individuals with mental illness or developmental disability who are in the criminal justice system; to provide for penalties and remedies; and to repeal acts and parts of acts," by amending sections 100a, 100b, and 161 (MCL 330.1100a, 330.1100b, and 330.1161), sections 100a and 161 as amended by 1998 PA 497 and section 100b as added by 1995 PA 290, and by adding section 116a.

The motion prevailed.

The House agreed to the title as amended.

By unanimous consent the House returned to the order of

Messages from the Senate

The Speaker laid before the House

House Bill No. 4096, entitled

A bill to amend 1994 PA 204, entitled "The children's ombudsman act," by amending the title and sections 2, 3, 4, 5, 6, 7, 8, 9, 10, and 11 (MCL 722.922, 722.923, 722.924, 722.925, 722.926, 722.927, 722.928, 722.929, 722.930, and 722.931); and to repeal acts and parts of acts.

(The bill was received from the Senate on December 8, with substitute (S-2), title amendment and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 91, p. 2808.)

The question being on concurring in the substitute (S-2) made to the bill by the Senate,

The substitute (S-2) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 1073 Yeas--107

Accavitti Farrah McConico Sheen

Acciavatti Gaffney Meisner Sheltrown

Adamini Garfield Meyer Shulman

Amos Gieleghem Middaugh Smith

Anderson Gillard Milosch Spade

Bieda Gleason Minore Stahl

Bisbee Hager Moolenaar Stakoe

Bradstreet Hardman Mortimer Stallworth

Brandenburg Hart Newell Steil

Brown Hood Nitz Stewart

Byrum Hoogendyk Nofs Tabor

Casperson Hopgood O'Neil Taub

Caswell Howell Palmer Tobocman

Caul Huizenga Palsrok Vagnozzi

Cheeks Hummel Pappageorge Van Regenmorter

Clack Hune Pastor Vander Veen

Condino Hunter Phillips Voorhees

Daniels Jamnick Plakas Walker

Dennis Johnson, Rick Pumford Ward

DeRoche Johnson, Ruth Reeves Waters

DeRossett Julian Richardville Wenke

Dillon Koetje Rivet Williams

Drolet Kolb Robertson Wojno

Ehardt Kooiman Rocca Woodward

Elkins LaJoy Sak Woronchak

Emmons LaSata Shackleton Zelenko

Farhat Lipsey Shaffer

Nays--0

In The Chair: Julian

The House agreed to the title as amended.

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

By unanimous consent the House returned to the order of

Motions and Resolutions

Rep. Richardville moved that a respectful message be sent to the Senate requesting the return of Senate Bill No. 601.

The motion prevailed.

Second Reading of Bills

Senate Bill No. 1344, entitled

A bill to amend 1973 PA 116, entitled "An act to provide for the protection of children through the licensing and regulation of child care organizations; to provide for the establishment of standards of care for child care organizations; to prescribe powers and duties of certain departments of this state and adoption facilitators; to provide penalties; and to repeal acts and parts of acts," (MCL 722.111 to 722.128) by adding sections 2b, 2c, 2d, and 2e.

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

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

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

The motion prevailed.

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

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

______

Rep. Bisbee moved that Reps. Drolet, Hummel, Nitz and Emmons be excused temporarily from today's session.

The motion prevailed.

Rep. Waters moved that Reps. Elkins, Hood, McConico, Minore, O'Neil, Plakas and Murphy be excused temporarily from today's session.

The motion prevailed.

Rep. Palmer moved that Reps. DeRoche, Farhat, Gaffney, Shulman and Huizenga 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. 1344, entitled

A bill to amend 1973 PA 116, entitled "An act to provide for the protection of children through the licensing and regulation of child care organizations; to provide for the establishment of standards of care for child care organizations; to prescribe powers and duties of certain departments of this state and adoption facilitators; to provide penalties; and to repeal acts and parts of acts," (MCL 722.111 to 722.128) by adding sections 2b, 2c, 2d, and 2e.

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

Roll Call No. 1074 Yeas--87

Accavitti Farrah Lipsey Shaffer

Acciavatti Garfield Meisner Sheen

Adamini Gieleghem Meyer Sheltrown

Amos Gillard Middaugh Smith

Anderson Gleason Milosch Spade

Bieda Hager Moolenaar Stakoe

Bisbee Hardman Mortimer Stallworth

Bradstreet Hart Newell Stewart

Brandenburg Hoogendyk Nofs Tobocman

Brown Hopgood Palmer Vagnozzi

Byrum Howell Palsrok Van Regenmorter

Casperson Hune Pappageorge Voorhees

Caswell Hunter Pastor Walker

Caul Jamnick Plakas Waters

Cheeks Johnson, Rick Pumford Wenke

Clack Johnson, Ruth Reeves Whitmer

Condino Julian Richardville Williams

Daniels Koetje Rivet Wojno

Dennis Kolb Robertson Woodward

DeRossett Kooiman Rocca Woronchak

Dillon LaJoy Sak Zelenko

Ehardt LaSata Shackleton

Nays--0

In The Chair: Julian

The House agreed to the title of the bill.

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

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

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

"Mr. Speaker and members of the House:

I was absent from the Chamber when the vote was taken on Roll Call No. 1074. Had I been present, I would have voted 'yea'."

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

"Mr. Speaker and members of the House:

I was absent from the Chamber when the vote was taken on Roll Call No. 1074. Had I been present, I would have voted 'yea'."

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

"Mr. Speaker and members of the House:

I was absent from the Chamber when the vote was taken on Roll Call No. 1074. Had I been present, I would have voted 'yea'."

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

"Mr. Speaker and members of the House:

I was absent from the Chamber when the vote was taken on Roll Call No. 1074. Had I been present, I would have voted 'yea'."

Second Reading of Bills

Senate Bill No. 1464, entitled

A bill to amend 1998 PA 386, entitled "Estates and protected individuals code," by amending sections 1106, 5306, 5506, 5507, 5508, 5509, 5510, 5511, 5512, and 5520 (MCL 700.1106, 700.5306, 700.5506, 700.5507, 700.5508, 700.5509, 700.5510, 700.5511, 700.5512, and 700.5520), sections 1106, 5506, 5507, 5508, and 5510 as amended by 2003 PA 63, section 5306 as amended and section 5520 as added by 2000 PA 312, and section 5509 as amended by 1999 PA 52, and by adding section 5515; 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 Health Policy,

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

Rep. Ehardt moved to amend the bill as follows:

1. Amend page 20, line 21, after "patient" by striking out "under" and inserting "who has communicated his or her intent to revoke".

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

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

The motion prevailed.

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

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

______

Rep. Palmer moved that Rep. Tabor 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. 1464, entitled

A bill to amend 1998 PA 386, entitled "Estates and protected individuals code," by amending sections 1106, 5306, 5506, 5507, 5508, 5509, 5510, 5511, 5512, and 5520 (MCL 700.1106, 700.5306, 700.5506, 700.5507, 700.5508, 700.5509, 700.5510, 700.5511, 700.5512, and 700.5520), sections 1106, 5506, 5507, 5508, and 5510 as amended by 2003 PA 63, section 5306 as amended and section 5520 as added by 2000 PA 312, and section 5509 as amended by 1999 PA 52, and by adding section 5515; and to repeal acts and parts of acts.

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

Roll Call No. 1075 Yeas--96

Accavitti Farrah LaSata Sheltrown

Acciavatti Garfield Meisner Shulman

Adamini Gieleghem Meyer Smith

Amos Gillard Middaugh Spade

Anderson Gleason Milosch Stahl

Bieda Hager Moolenaar Stakoe

Bisbee Hardman Mortimer Stallworth

Bradstreet Hart Nitz Steil

Brandenburg Hood Nofs Stewart

Brown Hoogendyk Palmer Taub

Byrum Hopgood Palsrok Tobocman

Casperson Howell Pappageorge Vagnozzi

Caswell Huizenga Pastor Van Regenmorter

Caul Hummel Plakas Vander Veen

Cheeks Hune Pumford Voorhees

Clack Hunter Reeves Walker

Condino Jamnick Richardville Ward

Dennis Johnson, Rick Rivet Waters

DeRossett Johnson, Ruth Robertson Wenke

Dillon Julian Rocca Whitmer

Drolet Koetje Sak Wojno

Ehardt Kolb Shackleton Woodward

Emmons Kooiman Shaffer Woronchak

Farhat LaJoy Sheen Zelenko

Nays--0

In The Chair: Julian

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

"An act to codify, revise, consolidate, and classify aspects of the law relating to wills and intestacy, relating to the administration and distribution of estates of certain individuals, relating to trusts, and relating to the affairs of certain individuals under legal incapacity; to provide for the powers and procedures of the court that has jurisdiction over these matters; to provide for the validity and effect of certain transfers, contracts, and deposits that relate to death; to provide procedures to facilitate enforcement of certain trusts; and to repeal acts and parts of acts,"

The House agreed to the full title.

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

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

Comments and Recommendations

Rep. Richardville moved that Rule 82 be suspended.

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

Rep. Richardville moved that the following remarks be printed in the Journal.

The motion prevailed.

Rep. Julian:

"Thank Mr. Speaker.

I am usually a man of few words. But today I have so much to say and so little time to say it.

First, I thank God for the guidance, wisdom, and the health to do this job for past six years. I am so fortunate and blessed.

I want to express my appreciation to my family - children, grandchildren, parents and my wife Nancy, for their unconditional support.

I want to acknowledge the residents of the 85th district for having the confidence to allow me to represent them. I have long advocated that I am a person involved in government, representing all people who live in my district and across this great state and I happen to be a Republican.

I have been very blessed with an outstanding staff. Full time, part time, interns - each and everyone of them has been dedicated, worked hard and protected the interests of not only the office but the district. We all know that we are only as good as our staff. They never seem to be appreciated like they should. I would like to acknowledge some former members of my staff who are here today ­ David Marvin & Jenifer Esch, also my part time staff - Adam Elbenni. I must single out my chief staff person Val Vail-Shirey. Val has been with me from the start of my 1st campaign to my last day in office. Her untiring dedication, work ethic, honesty and advice to me are priceless. Each of us that serve here know that only because of wonderful, dedicated, caring staff are we even close to being successful at what we do. Thank you Val.

I am often asked what is my most important accomplishment? It is having been here everyday. To have handled the thousands of calls and contacts from residents in my district. To have worked with some of the most solid minds in government from both sides of the aisle. From three different sessions of the legislature. To have my Insurance Vice Chair Rep. Joe Hune and my Minority Vice Chair Rep. Ken Daniels chair the Insurance Committee. I want to thank my entire Insurance Committee for their attendance and attention to very difficult issues that came before our committee.

What is my best piece of legislation passed? Well was it the 6th graders from Corunna Middle School bringing me the MTBE issue, which banned it from gasoline and then having all 49 other states follow suit. They are graduating this year and proud to have impacted this entire country. Was it correcting the juvenile sex offender registry, where only offenders are on the list or was it the CCW legislation in my first term. Was it the first ban on partial birth abortion that was struck down by the court?

Was it that or was it the debates that we had on issues that never became law, the death penalty, agriculture, insurance issues that were in my committee that we gave much debate on and never came to pass. Perhaps ­ a little known or discussed issue called 'Agriculture Enhancement' ­ some of you refer to as 'Racinos'. I want to thank Senate Majority Leader Sikkema and Speaker Johnson for their commitment that I will get my vote ------tomorrow.

I firmly believe that it was all of the above, plus much much more.

My greatest honor is having served as your presiding officer, most days, for the past four years. The honor bestowed on me by each of you is very humbling. I can only hope that you feel you were treated firmly, fairly and with respect by me as your Speaker Pro Tem and colleague. You each have been very courteous and respectful to me. I want to thank the Sergeants, Clerk Randall, Assistant Clerk Lindy Benedict and your entire staff for the outstanding job that you do.

I do have a confession to make. I just returned from the doctor and he found that I have a severely impaired hearing problem in my right ear. He also found that I have extremely poor vision in my right eye. This would explain to me and should to my democratic colleagues my rulings and why I made them like I did. I guess now that the troubles have been corrected, I would probably have ruled differently. Well, probably not.

What do I hope to leave with this Chamber? The institution of the state House. The beauty of the Chamber, the professionalism displayed daily, the friendships developed and a system of governance that is at least as good as when I started and possibly better. We have the greatest government system in the world.

And Mr. Speaker with your indulgence I have some introductions to make.

There are several of our colleagues who chose to submit written remarks and not address the Chamber. Please join me at this time to properly recognize and thank those colleagues - - - -

Representative Jennifer Elkins

Representative Matt Milosch

Representative Dale Sheltrown

Representative Ruth Johnson

Representative Sue Tabor

And for her 31 years of service to the legislature ­

Representative Maryann Middaugh

Thanks to each of you for your dedication and commitment to your district and this state.

I want to recognize and thank the lobby corps for their information. I have worked with lobbyists from all interests at one time or another, sometimes in agreement, sometimes not. But each time they knew where I stood, representing my district, and I didn't waiver without just cause. I would never eat yes and vote no.

I want to thank the press and my press friends for their fairness and accuracy ­ Zack, Jack, Amy & Rick. Thank you for the respect shown to each of us in this Chamber. To Senior Capitol Correspondent Tim Skubick - - - - - - - - - - - - no comment!!!!!

I came here to work hard, all day, everyday with honesty, integrity and character. I said that I was Larry Julian when I came here and I will leave here Larry Julian. I believe that I have lived up to my commitment to my family, my staff, my district, each of you, the state, myself and my Lord Jesus Christ.

I have loved everyday of this job and the challenge of it.

I leave this Chamber with my head held high and leave each of you and those who follow with the charge to continue the traditions of the House with honesty, respect, integrity and character. This great state is in excellent hands. I hope to be remembered as Larry Julian who loved his job and had a little fun each and every day. It has been my pleasure and honor to serve with each of you. God bless you and all the people of this state. I will remember you all as my friend."

Rep. Richardville:

"Thank you Mr. Speaker.

The photographer from the Monroe Evening News can come up closer for photos (laughter). It's not like they will be taking any pictures of me after today so might as well get a few good ones.

I feel kind of silly now because when some of my colleagues went earlier I made comments when they cried. Now I'm struggling with the same kind of emotions that people like Mickey Mortimer experienced. I won a dollar bet that you would when you went. That was easy, I gave 5 to 1 odds. I love you Mick.

I want you all to know that I've given about 40 farewell speeches in the last several weeks. They were all eloquent and well-received; but unfortunately given before I went to sleep at night in bed. I had this speech, and that one, then I listen to people like Gene DeRossett and he said this, and Julian stole my speech earlier and took a lot of stuff out of it. I was a little disappointed in that. This is the one I decided to share with you today...

What I wanted to share with you today are some of the things behind the scenes and things you may not know about me, one of the things is:

There is a common scripture that most of us have heard from the Book of John, 'For God so loved the world that He gave His only begotten Son that whoever believes in Him should not perish but have everlasting life.'

I believe that scripture; and although many Christians like myself are looking forward in this holiday season to celebrating the birth of Jesus, I mention it not to disrespect anyone's else's beliefs, but to share some of mine.

What you have in front of you today is living proof that God sent His Son to undeserving people; people with imperfections, people that are still growing and maturing, people that need other people. Some people are natural born leaders, I've been surrounded by those ­ I'm not, yet you put me in a position where I could lead and you forgave me for a lot of things. You helped me, worked with me, helped me to grow, and maybe I'll be a better leader once I leave this place. I tried to do the best job I could as your floor leader. I tried to serve you and treat you like I'd like to be treated; thank you for your patience

What you have in front of you today is living proof that God is :

long-suffering, patient, forgiving, because, as the song goes, He saved a wretch like me.

If I have offended or hurt any of you in any way, I'm truly sorry. If you've seen anything good in me it's a faint reflection of the Creator who made all of us in His image.

I look at all of you and know there must be a great God up there someplace because there are varied talents, varied abilities, different colors, shapes, sizes and senses of humor. People that can sing, and people that can't. I think we live in a world where we serve someone far greater than us. But if we don't serve one another and work with one another we'll never get anyplace. This body did that.

It was Thanksgiving recently and I was reminded of all the things that I'm thankful for. Again God showers us down with gifts. And there are 109 gifts that no one can ever take away from me that I have served with here for the last few years. You not only have gifts, but in my life you have been gifts to me.

Has anybody seen two floor leaders that are so different and who loved each other as much as me and 'my babycakes'? She's the one that started the babycakes. The biggest disagreement and the most difficult time that Mary Waters and I had together is when I came in here yesterday, and we've got all these bills and I was going a little bit nuts, and about 1:00 o'clock in the afternoon she comes over and says 'why didn't you hug me today?' That was it. Democrats and Republicans in the last few years have come together and worked far better than I've seen work any place or time in my life and I'm proud to be a part of this group.

I'm thankful that I had the eyes of the 4th and 5th graders when I enter this building, you watch them open their eyes and look at this building. When I come in here in the morning I am still awed by the building alone. Not to mention the people that are here. Unfortunately I sometimes match the 4th and 5th grader in the maturity level too and I understand that you all have to bare with that. Ok, that's as good as it's going to get for me.

I want to thank my family. My wife Sarah and I will be celebrating 25 years together in 2 weeks. Those of you who know me know that's a tribute to her, not to me. I have two wonderful children, 23 and 22, and they gave up a lot of their teenage years with their Dad. Mandy was here yesterday, she's about 24 and moving to California and my heart is broken. I can't help but think I should have spent a few more minutes or an extra hour with her or an extra weekend with her. My son Adam is 22 and I don't need to spend any time with him, he's a pain in the butt... he's actually a lot of fun. I love him and you all know that.

My mother, Glenda, who has been there through everything and is my biggest cheerleader and supporter. And my father, Denny, is a rock for me and someone I have been able to count on all these years.

The people I've served from Monroe County... children, seniors, veterans and all the people that we serve here have been amazing. We've been given an incredible task by our constituents. I think that if I'm going to give any advice, it's this: Don't think you are special because you are called into this service, you are not special. You are put into a position to serve almost a hundred thousand people and another 10 million standing behind them. The janitors that work in this building, the people who clean the streets, the people who work in the automotive factories -- they all have an equal calling, the same as us. We've been blessed to be put into a position like this because I don't believe any of us deserve to be in this spot.

Now onto my roomies. I have to talk a little bit about them and I'm really scared about this. They know a lot more about me than I do about them. Stevie Ehardt came up to me at the first orientation that we had and said he was looking for someone to live with. It's been six years now and he is my second family. We next suffered through Andrew Richner and Alan Sanborn in Paul DeWeese's guest house. Earlier this term we moved in with Scott Shackleton - which was a mistake. Steve and Scott are my two closest friends here. The 'after hours corps', when you pore things out about being frustrated by a bill, or when something is happening that you don't know how to control. We've laugh and cried and we've gotten to know each others families and I will miss them dearly.

My seat mates here have been incredible. In my first term I sat with Lauren Hager. He was between me and Mike Kowall, I felt blessed to be where I was but I think he wondered what he did wrong. It was a great time. Next term I sat with John Pappageorge, the Colonel, for two years and he corrected me when I was wrong. Gene DeRossett and I grew up together right over there by the window. We were thankful that Jennifer Faunce was just a little bit in front of us.

The hard part about coming here was I didn't know what 'behind the scenes' meant. I was asked to the Speaker's office only one time in my first term. It was the only time I was invited. Some of you were at the roast recently and heard Larry Julian say he nominated someone else beside Rick Johnson for Speaker, and I voted for someone beside the one he nominated and beside Rick. How we all got stuck together in one room working together says a lot about Rick Johnson. I think it says a lot of things about Larry Julian's judgement too. Rick - the opportunity you gave me to work side by side with you is an honor, something I will never forget. Whatever I do, wherever I go, Rick Johnson you will be one of my heroes. You have an ability that all 109 of us recognize but you might not. You can take a look at a person, it doesn't matter what that person did yesterday, that person is a new person tomorrow. You are right there with them, you are as friendly and caring a man that I know. I thank you for the example that you are.

Larry Julian and I were sent to leadership conference a few years ago and there we starting building a strong bond of friendship. We served together when I was Assistant Floor Leader and he was Associate Speaker Pro-Tem. Together we have tried to do what we could to run this place more timely and with dignity. I thank him for making me look good.

You can't compare staff. Scott Bean has been with me for 5 _ years. Scott and I don't always agree, but when we walk out and do things, we do them with the best intentions for this body. Jason Rivard has been with me long before I was elected. We ran a loosing campaign, that's no fun, but we learned and grew and came back and won three. Adam Stacey has been with me for two years. He's the one that takes care of your legislation and he's the one who makes me nervous most of the time when I'm otherwise comfortable. Ann has been a joy to work with. You all know Ann Grasman in our office. I have to thank her from the bottom of my heart for the work she does and for protecting me and making me look good. Peter Ruddell is the only person on my staff who ever deserted me. I wish him all that he deserves. He left to be Deputy Chief of Staff in Senate Majority Leaders office then went on to finish his law degree and is now a lobbyist for Weiner Assoc. and does a great job for them. I thank them all from the bottom of my heart.

There are many other people behind the scenes I will miss like John Llewellyn, John Whetstone, Mike Batterbee, and Al Mann 'the man'. Jennifer Spike, who I will miss so much. My friend Todd Anderson has also helped me with so many things. The little man Jim Murray with all the things he did to straighten me out. Back when I was first elected there were 12 of us with a common bond - we all went through difficult campaigns. I have a special bond with all of you like no other.

The clerk's office ­ Gary and Lindy and your entire staff, the sergeants, LSB, all the people who run the capitol - everyone behind the scenes who help each one of us look good every day deserve a big thanks.

There are also so many Senators who are special to me, like my friends Laura Toy and Bruce Patterson. Bruce took me under his wings and helped me become a great floor leader and I thank him for that. My Senator ­ the Senate floor leader ­ Bev Hammerstrom has been a great mentor.

People give the media a hard time sometimes and they don't always get the respect they deserve for the hard job that they do. The House press corps deserves accolades for their honesty and accuracy. All my thanks go to Amy Bailey, Zach Gorchow, Sarah Hulett, Jack Spencer, Rick Pluta, and yes, even Tim Skubick.

To my Democrat friends - you always treated me like I was one of you. With my voting record, half the time I was. Diane Byrum, you've led your caucus admirably. Thank you for working with me and the couple of times I spent on your boat in Monroe.

One of my favorite TV characters came from the same little town that my grandfather and grand mother came from. Red Skelton use to say 'Good night & may God bless'."

Speaker Rick Johnson:

"Six years ago, a humble middle-aged farmer from LeRoy, Michigan was elected to serve the people of the 102nd district in Northern Michigan. He arrived in Lansing with very traditional rural America values, enormous energy, boundless optimism and the desire to do the right thing.

Little did the farmer from LeRoy realize when he was sworn in January of 1999 what was in store for him over the next six years. What a whirlwind journey this has been.

I wasn't fortunate enough to have much time to ease into the job as state representative. Within a few months of taking office, I was selected to take a leadership role in deciding one of the most heated, emotional and divisive issues the legislature has ever dealt with ­ the Detroit Schools Reform Board.

We often grow the most when we are at moments of greatest adversity. That experience became invaluable to me, and taught me about how to deal with significant turmoil during the legislative process. Luckily, I went through this ordeal with numerous veteran policy makers by my side, whose institutional memory and experience guided the Legislature through some very tough moments decisions.

Unfortunately, the current term limits law has all but gutted this source of training for policymakers, who must make critical decisions absent their own experience, or the deep and abiding relationships and trust forged over years of working together. I feel that this institution is suffering and that members of this body must fight to protect it, by extending term limits beyond the existing six years.

When I look back over the last four years, I will be proud of many public policy achievements.

Since 2001, the Legislature cut the state general fund budget by almost $1 billion. We kept our commitment to lowering the state income tax and Single Business Tax, which resulted in a $4.2 billion savings for Michigan residents and job providers during this period. We fought attempts to raise taxes on liquor and the inheritance tax. We didn't tweak Proposal A.

At the same time, we stood up for our spending priorities, preserving the $6,700 foundation grant for our students, despite cuts to local units of government and every state department. We fought hard to maintain the Michigan Merit award scholarship for deserving college students. We also insisted on investing our limited resources in Michigan's economic future by supporting research and development in the life sciences.

Over the past four years, the Michigan House of Representatives has made our state a better place to live. We created a nationally-recognized wireless technology program for thousands of at-risk students across Michigan. Freedom to Learn is bringing classroom instruction into the digital age and engaging students to learn in a way that keeps them interested and energized.

We've protected our environment the right way, without threatening jobs or creating large new government regulatory schemes. We are revitalizing urban centers by helping clear titles on 55,000 tax reverted properties. We've created new safety standards that require immediate notification to local residents of harmful spills and contamination occurring in our river, lakes and streams. We preserved natural features like wetlands, wood lots and farm land by allowing clustered residential developments to be built in compact areas.

Throughout the years, with each issue we tackled, I followed a guiding principal, that we often repeated in my office. 'Because it's the right thing to do.' You see, I know I didn't always take the most politically popular route, but I did what I thought was the right thing.

I fought the term limits law, despite going against political expediency, because it was the right thing to do. I upset some of my good friends in the business community by working to increase the unemployment benefit, because I felt it was the right thing to do. I made compromises and concessions when negotiating the budget to avoid state government shutdown, because it was the right thing to do.

Through each of these issues, you may have disagreed with me. But, you knew my heart was in the right place. And, you knew that I was motivated by doing what I thought was right. I've also tried to conduct myself with integrity.

Everyone who takes the oath of office knows the immense sacrifices we make to be here. No one feels the brunt of this more than our family and friends who stood beside us and helped make our service possible.

I learned public service from my mom. Between chores on the farm and raising a family, she managed to serve as a township official for over 20 years. She became my role model and mentor. And, she also became my most trusted advisor.

Many days and nights, I was away from home. But my wife Cindy was understanding and supportive. She kept the family together, helped run the family business and gave me tremendous support through difficult situations. She has been a pillar of strength, and I want to thank you Cindy, for your selfless sacrifice and love.

It's been moving to hear the farewell speeches of my colleagues here on the House floor over the last few days. It's hard not to reflect fondly upon this institution and the wonderful experiences we've all had here. We've done some good work. We will all leave here with a ton of life-long memories.

There is one common thread that seems to exist in each farewell speech ­ that is, that what the outgoing members cherish most is the people they've worked with. That is certainly what I will miss most--the people. From my chief of staff, to the bill drafters to the painters and janitors, I will miss each of you.

To my colleagues here in the House, I say thank you. Thank you for the respect that you've shown me. Thank you for the reverence you've shown to the position of Speaker of the House. Thank you for the friendship. I cherish the relationships that we've built together. I've come to recognize in my time here, just how moved members of this body are to do the right thing and be good public servants. It's encouraging to see members who are motivated by a sincere desire to help their constituents, offer a voice to the voiceless, and push for laws that reflect Michigan values.

To my fellow Republican caucus members, you have been a special bunch of people to me. Yes, occasionally we had our differences, but we were truly like a family. I worked hard every day of my Speakership to promote our shared vision. I poured out my heart and my soul for you. I drove tens of thousands of miles. We created a policy agenda that reflected our values and led to success at the ballot box. This term has been especially extraordinary -- Republicans reached a half-century high with 63 seats.

But, I've heard time and time again in the farewell speeches of my colleagues that there is probably no more prized relationships that legislators enjoy than those with their own staff. They are the ones who turn on the lights in the morning, and turn them off again at the end of the day. They are most often the ones who answer the calls of constituents in need. And, then when they helped resolve the issue, they thanklessly gave the legislator the credit.

At moments of adversity and difficulties, when traveling miles of Michigan roads, or in the midst of meeting many new faces for the first time, the representative always had the constant of being able to call their staff in Lansing. There was something very comforting in this.

My staff worked morning, noon and nights, weekends, and even holidays to serve the state's residents. When legislators were back in their districts, my staff was busy in Lansing getting us prepared for the work ahead when the legislators returned. I want to offer my special and heartfelt thanks to each of them.

As I walk off the House floor today for the last time, I leave here with fond memories. I will cherish these moments the rest of my life. We had a job to do and we did it.

I offer my best wishes to Speaker-elect DeRoche and the entire membership of the Michigan House of Representatives.

May God be with you all."

Second Reading of Bills

Senate Bill No. 1130, entitled

A bill to amend 1978 PA 361, entitled "Michigan exposition and fairgrounds act," by amending the title and sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14a, and 15a (MCL 285.161, 285.162, 285.163, 285.164, 285.165, 285.166, 285.167, 285.168, 285.169, 285.170, 285.171, 285.172, 285.173, 285.174a, and 285.175a), sections 2, 5, 6, 7, 8, 9, and 11 as amended and sections 14a and 15a as added by 2000 PA 39, and by adding section 15b.

(The bill was read a second time and postponed temporarily on December 8, see House Journal No. 91, p. 2824.)

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. Meyer moved to substitute (H-4) the bill.

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

Rep. Meisner moved to amend the bill as follows:

1. Amend page 9, following line 12, by inserting:

"(2) Of the 9 appointed members meeting the criteria of the categories described in subsection (1)(c)(i) through (vi), at least 1 member from any category shall be a resident of each of the following:

(a) Detroit.

(b) Ferndale.

(c) Hazel Park." and renumbering the remaining subsections.

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

Rep. Meisner demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 1076 Yeas--45

Accavitti Dillon Lipsey Smith

Adamini Elkins McConico Spade

Anderson Farrah Meisner Tabor

Bieda Gieleghem Minore Tobocman

Brandenburg Gillard Murphy Vagnozzi

Brown Gleason O'Neil Waters

Cheeks Hood Phillips Whitmer

Clack Hopgood Reeves Williams

Condino Hunter Rivet Wojno

Daniels Jamnick Sak Woodward

Dennis Kolb Sheltrown Zelenko

DeRossett

Nays--58

Acciavatti Hoogendyk Moolenaar Shaffer

Amos Howell Mortimer Shulman

Bradstreet Huizenga Newell Stahl

Byrum Hummel Nitz Stakoe

Casperson Hune Nofs Steil

Caswell Johnson, Rick Palmer Stewart

Caul Johnson, Ruth Palsrok Taub

DeRoche Julian Pappageorge Van Regenmorter

Drolet Koetje Pastor Vander Veen

Ehardt Kooiman Pumford Voorhees

Emmons LaJoy Richardville Walker

Farhat LaSata Robertson Ward

Gaffney Meyer Rocca Wenke

Hager Middaugh Shackleton Woronchak

Hart Milosch

In The Chair: Julian

Rep. Meyer moved to amend the bill as follows:

1. Amend page 4, line 3, by striking out "upon" and inserting "subject to".

2. Amend page 4, line 9, after "authority." by inserting "The person serving as manager on February 28, 2005 shall continue to serve at the pleasure of the governor.".

3. Amend page 8, line 24, after "before" by striking out "January" and inserting "March".

4. Amend page 13, line 4, after "Approve" by inserting "or authorize the manager to approve".

5. Amend page 17, line 23, by striking out all of enacting section 1 and inserting:

"Enacting section 1. Sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14a, and 15a of the Michigan exposition and fairgrounds act, 1978 PA 361, MCL 285.161, 285.162, 285.163, 285.164, 285.165, 285.166, 285.167, 285.168, 285.169, 285.170, 285.171, 285.172, 285.173, 285.174a, and 285.175a, as amended by this amendatory act, and section 15bof the Michigan exposition and fairgrounds act, 1978 PA 361, as added by this amendatory act, take effect March 1, 2005.".

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

Rep. Shackleton moved to amend the bill as follows:

1. Amend page 2, line 4, after "for" by striking out "an appropriation" and inserting "appropriations".

2. Amend page 17, line 1, after "Sec. 15." by inserting "(1)".

3. Amend page 17, following line 7, by inserting:

"(2) For the fiscal year ending September 30, 2005, there is appropriated $192,700.00 from the general fund to Lake Superior State University for an infrastructure, technology, equipment, and maintenance grant.".

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

Rep. Smith moved to amend the bill as follows:

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

"(3) In the time period during which the annual state fair is not being conducted, the authority is prohibited from conducting or allowing either of the following activities:

(a) Except as may otherwise be allowed under sections 12 and 13, gaming as defined in section 2 of the Initiated Law of 1996, MCL 432.202, and racing and pari-mutuel wagering conducted under the horse racing law of 1995, 1995 PA 279, MCL 431.301 to 431.336.

(b) Outdoor automobile or other motorized vehicle racing.".

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

Rep. Smith demanded the yeas and nays.

The demand was supported.

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

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

Roll Call No. 1077 Yeas--42

Accavitti Ehardt Lipsey Rivet

Adamini Farrah McConico Sak

Anderson Gaffney Meisner Tobocman

Bieda Gieleghem Minore Vagnozzi

Brown Gleason Mortimer Waters

Cheeks Hardman Murphy Whitmer

Clack Hart Pappageorge Williams

Condino Hood Phillips Wojno

Daniels Hopgood Pumford Woodward

Dennis Hunter Reeves Zelenko

Dillon Kolb

Nays--57

Acciavatti Gillard Middaugh Shulman

Amos Hager Milosch Spade

Bisbee Hoogendyk Moolenaar Stahl

Bradstreet Huizenga Newell Stakoe

Brandenburg Hummel Nitz Steil

Casperson Hune Nofs Stewart

Caswell Johnson, Rick Palmer Tabor

Caul Johnson, Ruth Palsrok Taub

DeRoche Julian Pastor Vander Veen

DeRossett Koetje Robertson Voorhees

Drolet Kooiman Rocca Walker

Elkins LaJoy Shackleton Ward

Emmons LaSata Shaffer Wenke

Farhat Meyer Sheltrown Woronchak

Garfield

In The Chair: Julian

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

The motion prevailed.

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

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

______

Rep. Nitz moved that Rep. Huizenga 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. 1130, entitled

A bill to amend 1978 PA 361, entitled "Michigan exposition and fairgrounds act," by amending the title and sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14a, and 15a (MCL 285.161, 285.162, 285.163, 285.164, 285.165, 285.166, 285.167, 285.168, 285.169, 285.170, 285.171, 285.172, 285.173, 285.174a, and 285.175a), sections 2, 5, 6, 7, 8, 9, and 11 as amended and sections 14a and 15a as added by 2000 PA 39, and by adding section 15b.

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

Roll Call No. 1078 Yeas--66

Acciavatti Gieleghem Newell Stahl

Adamini Gillard Nitz Stakoe

Amos Gleason Nofs Steil

Bisbee Hager O'Neil Stewart

Brandenburg Hart Palsrok Tabor

Brown Howell Pastor Taub

Byrum Hune Phillips Van Regenmorter

Casperson Johnson, Rick Pumford Vander Veen

Caswell Johnson, Ruth Richardville Voorhees

Caul Julian Robertson Walker

Dennis Koetje Rocca Ward

DeRoche Kooiman Shackleton Wenke

Elkins LaJoy Shaffer Whitmer

Emmons Meyer Sheltrown Williams

Farhat Middaugh Shulman Woronchak

Gaffney Milosch Spade Zelenko

Garfield Mortimer

Nays--29

Anderson Hood McConico Sheen

Bieda Hoogendyk Meisner Smith

Cheeks Hopgood Moolenaar Tobocman

Clack Hummel Murphy Vagnozzi

Condino Hunter Pappageorge Waters

Daniels Kolb Reeves Wojno

Farrah Lipsey Sak Woodward

Hardman

In The Chair: Julian

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

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

A bill to amend 1978 PA 361, entitled "An act to provide for the control and management of certain state exposition centers and fairgrounds; to create a state exposition center and fairgrounds council; to prescribe its powers and duties; to provide for the appointment of a state exposition center and fairgrounds manager and to prescribe the manager's powers and duties; to designate the method of financing state exposition centers and fairgrounds; and to repeal certain acts and parts of acts," by amending the title and sections 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14a, and 15a (MCL 285.161, 285.162, 285.163, 285.164, 285.165, 285.166, 285.167, 285.168, 285.169, 285.170, 285.171, 285.172, 285.173, 285.174a, and 285.175a), sections 2, 5, 6, 7, 8, 9, and 11 as amended and sections 14a and 15a as added by 2000 PA 39, and by adding sections 15 and 15b.

The motion prevailed.

The House agreed to the title as amended.

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

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

______

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

"Mr. Speaker and members of the House:

I was absent from the Chamber when the vote was taken on Roll Call No. 1078. Had I been present, I would have voted 'yea'."

Second Reading of Bills

Senate Bill No. 735, entitled

A bill to amend 1996 PA 299, entitled "An act to regulate tourist-oriented directional signs on certain rural roads; and to impose certain duties upon the state transportation department," by amending sections 1 and 3 (MCL 247.401 and 247.403).

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

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

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

The motion prevailed.

Rep. Richardville 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. 735, entitled

A bill to amend 1996 PA 299, entitled "An act to regulate tourist-oriented directional signs on certain rural roads; and to impose certain duties upon the state transportation department," by amending sections 1 and 3 (MCL 247.401 and 247.403).

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

Roll Call No. 1079 Yeas--101

Accavitti Gaffney Meisner Shaffer

Acciavatti Garfield Meyer Sheen

Adamini Gieleghem Middaugh Sheltrown

Amos Gillard Milosch Shulman

Anderson Gleason Minore Spade

Bieda Hager Moolenaar Stahl

Bisbee Hardman Mortimer Stakoe

Bradstreet Hood Murphy Steil

Brandenburg Hoogendyk Newell Stewart

Brown Hopgood Nitz Tabor

Byrum Howell Nofs Taub

Casperson Huizenga Palmer Tobocman

Caswell Hummel Palsrok Vagnozzi

Caul Hune Pappageorge Van Regenmorter

Cheeks Hunter Pastor Vander Veen

Clack Jamnick Phillips Voorhees

Condino Johnson, Rick Plakas Walker

Daniels Johnson, Ruth Pumford Ward

Dennis Julian Reeves Waters

DeRoche Koetje Richardville Wenke

DeRossett Kolb Rivet Williams

Dillon Kooiman Robertson Wojno

Ehardt LaJoy Rocca Woodward

Elkins LaSata Sak Woronchak

Farhat Lipsey Shackleton Zelenko

Farrah

Nays--1

Drolet

In The Chair: Julian

The House agreed to the title of the bill.

Rep. Richardville 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. 1440, entitled

A bill to amend 1939 PA 288, entitled "Probate code of 1939," by amending section 19 of chapter XIIA (MCL 712A.19), as amended by 1998 PA 530.

The bill was read a second time.

Rep. Howell moved to amend the bill as follows:

1. Amend page 3, line 12, after "that" by striking out "as long as" and inserting "for the first year that".

2. Amend page 4, line 3, after "or" by inserting "is".

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

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

The motion prevailed.

Rep. Richardville 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. 1440, entitled

A bill to amend 1939 PA 288, entitled "Probate code of 1939," by amending section 19 of chapter XIIA (MCL 712A.19), as amended by 1998 PA 530.

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

Roll Call No. 1080 Yeas--107

Accavitti Farrah McConico Shaffer

Acciavatti Gaffney Meisner Sheen

Adamini Garfield Meyer Sheltrown

Amos Gieleghem Middaugh Shulman

Anderson Gillard Milosch Smith

Bieda Gleason Minore Spade

Bisbee Hager Moolenaar Stahl

Bradstreet Hardman Mortimer Stakoe

Brandenburg Hart Murphy Steil

Brown Hood Newell Stewart

Byrum Hoogendyk Nitz Tabor

Casperson Hopgood Nofs Taub

Caswell Howell O'Neil Tobocman

Caul Huizenga Palmer Van Regenmorter

Cheeks Hummel Palsrok Vander Veen

Clack Hune Pappageorge Voorhees

Condino Hunter Pastor Walker

Daniels Jamnick Phillips Ward

Dennis Johnson, Rick Plakas Waters

DeRoche Johnson, Ruth Pumford Wenke

DeRossett Julian Reeves Whitmer

Dillon Koetje Richardville Williams

Drolet Kolb Rivet Wojno

Ehardt Kooiman Robertson Woodward

Elkins LaJoy Rocca Woronchak

Emmons LaSata Sak Zelenko

Farhat Lipsey Shackleton

Nays--1

Vagnozzi

In The Chair: Julian

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

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

The House agreed to the full title.

Rep. Richardville 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. 1441, entitled

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

The bill was read a second time.

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

The motion prevailed.

Rep. Richardville 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. 1441, entitled

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

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

Roll Call No. 1081 Yeas--104

Accavitti Farhat Lipsey Shaffer

Acciavatti Farrah McConico Sheen

Adamini Gaffney Meisner Sheltrown

Amos Garfield Meyer Shulman

Anderson Gieleghem Middaugh Spade

Bieda Gillard Milosch Stahl

Bisbee Gleason Minore Stakoe

Bradstreet Hager Moolenaar Steil

Brandenburg Hardman Mortimer Stewart

Brown Hart Murphy Tabor

Byrum Hood Newell Taub

Casperson Hoogendyk Nitz Tobocman

Caswell Hopgood Nofs Vagnozzi

Caul Howell O'Neil Van Regenmorter

Cheeks Huizenga Palmer Vander Veen

Clack Hummel Palsrok Voorhees

Condino Hune Pappageorge Walker

Daniels Hunter Pastor Ward

Dennis Johnson, Rick Phillips Waters

DeRoche Johnson, Ruth Reeves Wenke

DeRossett Julian Richardville Whitmer

Dillon Koetje Rivet Williams

Drolet Kolb Robertson Wojno

Ehardt Kooiman Rocca Woodward

Elkins LaJoy Sak Woronchak

Emmons LaSata Shackleton Zelenko

Nays--0

In The Chair: Julian

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

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

The House agreed to the full title.

Rep. Richardville 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. 1444, entitled

A bill to amend 1939 PA 288, entitled "Probate code of 1939," by amending sections 13a, 13b, 17d, and 18 of chapter XIIA (MCL 712A.13a, 712A.13b, 712A.17d, and 712A.18), section 13a as amended by 2000 PA 55, section 13b as amended by 2000 PA 46, section 17d as added by 1998 PA 480, and section 18 as amended by 2004 PA 221.

The bill was read a second time.

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

The motion prevailed.

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

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

______

Rep. Sak moved that Reps. Stallworth and Adamini 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. 1444, entitled

A bill to amend 1939 PA 288, entitled "Probate code of 1939," by amending sections 13a, 13b, 17d, and 18 of chapter XIIA (MCL 712A.13a, 712A.13b, 712A.17d, and 712A.18), section 13a as amended by 2000 PA 55, section 13b as amended by 2000 PA 46, section 17d as added by 1998 PA 480, and section 18 as amended by 2004 PA 221.

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

Roll Call No. 1082 Yeas--102

Accavitti Garfield Meisner Shaffer

Acciavatti Gieleghem Meyer Sheen

Amos Gillard Middaugh Sheltrown

Anderson Gleason Milosch Spade

Bieda Hager Minore Stahl

Bisbee Hardman Moolenaar Stakoe

Brandenburg Hart Murphy Steil

Brown Hood Newell Stewart

Byrum Hoogendyk Nitz Tabor

Casperson Hopgood Nofs Taub

Caswell Howell O'Neil Tobocman

Caul Huizenga Palmer Vagnozzi

Cheeks Hummel Palsrok Van Regenmorter

Clack Hune Pappageorge Vander Veen

Condino Hunter Pastor Voorhees

Daniels Jamnick Phillips Walker

Dennis Johnson, Rick Plakas Ward

DeRoche Johnson, Ruth Pumford Waters

DeRossett Julian Reeves Wenke

Dillon Koetje Richardville Whitmer

Drolet Kolb Rivet Williams

Elkins Kooiman Robertson Wojno

Emmons LaJoy Rocca Woodward

Farhat LaSata Sak Woronchak

Farrah Lipsey Shackleton Zelenko

Gaffney McConico

Nays--0

In The Chair: Julian

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

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

The House agreed to the full title.

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

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

Senate Bill No. 850, entitled

A bill to amend 1984 PA 431, entitled "The management and budget act," (MCL 18.1101 to 18.1594) by adding section 283a.

The bill was read a third time.

The question being on the passage of the bill,

Rep. Tobocman moved to amend the bill as follows:

1. Amend page 1, line 5, after "transfer." by inserting "However, if a nonclassified state employee provides the department a written objection to the payment by electronic funds transfer, the department shall pay the employee as otherwise provided by law. The department shall provide its current employees with notice of payment under this section that must include a summary of the employees' rights, and a period of at least 6 weeks for its current employees to establish an account at a financial institution to accept the deposit or transfer of wages.".

The question being on the seconding of the motion made by Rep. Tobocman,

The motion was not seconded.

The question being on the passage of the bill,

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

Roll Call No. 1083 Yeas--105

Accavitti Gaffney McConico Shackleton

Acciavatti Garfield Meisner Shaffer

Adamini Gieleghem Meyer Sheen

Amos Gillard Middaugh Shulman

Anderson Gleason Milosch Smith

Bieda Hager Minore Stahl

Bisbee Hardman Moolenaar Stakoe

Bradstreet Hart Mortimer Steil

Brandenburg Hood Murphy Stewart

Brown Hoogendyk Newell Tabor

Byrum Hopgood Nitz Taub

Casperson Howell Nofs Tobocman

Caswell Huizenga O'Neil Vagnozzi

Caul Hummel Palmer Van Regenmorter

Cheeks Hune Palsrok Vander Veen

Clack Hunter Pappageorge Voorhees

Condino Jamnick Pastor Walker

Daniels Johnson, Rick Phillips Ward

Dennis Johnson, Ruth Plakas Waters

DeRoche Julian Pumford Wenke

Dillon Koetje Reeves Whitmer

Drolet Kolb Richardville Williams

Ehardt Kooiman Rivet Wojno

Elkins LaJoy Robertson Woodward

Emmons LaSata Rocca Woronchak

Farhat Lipsey Sak Zelenko

Farrah

Nays--3

DeRossett Sheltrown Spade

In The Chair: Julian

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

"An act to prescribe the powers and duties of the department of management and budget; to define the authority and functions of its director and its organizational entities; to authorize the department to issue directives; to provide for the capital outlay program; to provide for the leasing, planning, constructing, maintaining, altering, renovating, demolishing, conveying of lands and facilities; to provide for centralized administrative services such as purchasing, payroll, record retention, data processing, and publishing and for access to certain services; to provide for a system of internal accounting and administrative control for certain principal departments; to provide for an internal auditor in certain principal departments; to provide for certain powers and duties of certain state officers and agencies; to codify, revise, consolidate, classify, and add to the powers, duties, and laws relative to budgeting, accounting, and the regulating of appropriations; to provide for the implementation of certain constitutional provisions; to create funds and accounts; to make appropriations; to prescribe remedies and penalties; to rescind certain executive reorganization orders; to prescribe penalties; and to repeal certain acts and parts of acts,"

The House agreed to the full title.

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

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

______

Rep. Middaugh moved that Rep. Woronchak be excused temporarily from today's session.

The motion prevailed.

Senate Bill No. 851, entitled

A bill to amend 1978 PA 390, entitled "An act to regulate the time and manner of payment of wages and fringe benefits to employees; to prescribe rights and responsibilities of employers and employees, and the powers and duties of the department of labor; to require keeping of records; to provide for settlement of disputes regarding wages and fringe benefits; to prohibit certain practices by employers; to prescribe penalties and remedies; and to repeal certain acts and parts of acts," by amending section 6 (MCL 408.476).

The bill was read a third time.

The question being on the passage of the bill,

Rep. Tobocman moved to amend the bill as follows:

1. Amend page 2, line 12, after "election" by inserting a comma and "that must include a summary of the employees' rights under subparagraph (ii),".

The question being on the seconding of the motion made by Rep. Tobocman,

The motion was not seconded.

The question being on the passage of the bill,

Rep. Tobocman moved to amend the bill as follows:

1. Amend page 2, following line 14, by inserting:

"(ii) An employer shall not pay wages to an employee under this subdivision if the employee provides the employer a written objection to payment by direct deposit or electronic transfer." and renumbering the remaining subparagraphs.

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

"(ii) An employer shall not pay wages to an employee under this subdivision if the employee provides the employer a written objection to payment by issuance of a payroll debit card." and renumbering the remaining subparagraphs.

The question being on the seconding of the motion made by Rep. Tobocman,

The motion was not seconded.

The question being on the passage of the bill,

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

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

The question being on the passage of the bill,

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

Roll Call No. 1084 Yeas--102

Accavitti Garfield Meisner Shackleton

Acciavatti Gieleghem Meyer Shaffer

Adamini Gillard Middaugh Sheen

Amos Gleason Milosch Shulman

Anderson Hager Minore Smith

Bieda Hardman Moolenaar Stahl

Bisbee Hart Mortimer Stakoe

Bradstreet Hood Murphy Steil

Brandenburg Hoogendyk Newell Stewart

Brown Hopgood Nitz Tabor

Byrum Howell Nofs Taub

Casperson Huizenga O'Neil Tobocman

Caswell Hummel Palmer Vagnozzi

Caul Hune Palsrok Van Regenmorter

Cheeks Hunter Pappageorge Vander Veen

Clack Jamnick Pastor Voorhees

Condino Johnson, Rick Phillips Walker

Daniels Johnson, Ruth Plakas Ward

Dennis Julian Pumford Waters

DeRoche Koetje Reeves Wenke

Dillon Kolb Richardville Whitmer

Drolet Kooiman Rivet Williams

Elkins LaJoy Robertson Wojno

Farhat LaSata Rocca Woodward

Farrah Lipsey Sak Zelenko

Gaffney McConico

Nays--3

DeRossett Sheltrown Spade

In The Chair: Julian

The House agreed to the title of the bill.

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

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

The Speaker Pro Tempore called Associate Speaker Pro Tempore Vander Veen to the Chair.

Second Reading of Bills

Senate Bill No. 1341, entitled

A bill to amend 1966 PA 346, entitled "State housing development authority act of 1966," by amending sections 32, 32a, 44c, and 44f (MCL 125.1432, 125.1432a, 125.1444c, and 125.1444f), sections 32 and 32a as amended by 2000 PA 257, section 44c as amended by 1996 PA 475, and section 44f as added by 1987 PA 180.

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

The motion prevailed.

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

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

______

Rep. Palmer moved that Rep. Van Regenmorter be excused temporarily from today's session.

The motion prevailed.

Rep. Hune moved that Rep. DeRoche 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. 1341, entitled

A bill to amend 1966 PA 346, entitled "State housing development authority act of 1966," by amending sections 32, 32a, 44c, and 44f (MCL 125.1432, 125.1432a, 125.1444c, and 125.1444f), sections 32 and 32a as amended by 2000 PA 257, section 44c as amended by 1996 PA 475, and section 44f as added by 1987 PA 180.

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

Roll Call No. 1085 Yeas--104

Accavitti Gaffney Meisner Shaffer

Acciavatti Garfield Meyer Sheen

Adamini Gieleghem Middaugh Sheltrown

Amos Gillard Milosch Shulman

Anderson Gleason Minore Smith

Bieda Hager Moolenaar Spade

Bisbee Hardman Mortimer Stahl

Bradstreet Hart Murphy Stakoe

Brandenburg Hood Newell Steil

Brown Hoogendyk Nitz Stewart

Byrum Hopgood Nofs Tabor

Casperson Howell O'Neil Taub

Caswell Huizenga Palmer Tobocman

Caul Hummel Palsrok Vagnozzi

Cheeks Hune Pappageorge Vander Veen

Clack Hunter Pastor Voorhees

Condino Jamnick Phillips Walker

Daniels Johnson, Rick Plakas Ward

Dennis Johnson, Ruth Pumford Waters

DeRossett Koetje Reeves Wenke

Dillon Kolb Richardville Whitmer

Ehardt Kooiman Rivet Williams

Elkins LaJoy Robertson Wojno

Emmons LaSata Rocca Woodward

Farhat Lipsey Sak Woronchak

Farrah McConico Shackleton Zelenko

Nays--1

Drolet

In The Chair: Vander Veen

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

"An act to create a state housing development authority; to define the powers and duties of the authority; to establish a housing development revolving fund; to establish a land acquisition and development fund; to establish a rehabilitation fund; to establish a conversion condominium fund; to authorize the making and purchase of loans, deferred payment loans, and grants to qualified developers, sponsors, individuals, mortgage lenders, and municipalities; to establish and provide acceleration and foreclosure procedures; to provide tax exemption; to authorize payments in lieu of taxes by nonprofit housing corporations, consumer housing cooperatives, limited dividend housing corporations, mobile home park corporations, and mobile home park associations; and to prescribe criminal penalties for violations of this act,"

The House agreed to the full title.

Rep. Kooiman 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. 908, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 7405 and 17763 (MCL 333.7405 and 333.17763), section 7405 as amended by 1997 PA 153 and section 17763 as amended by 2004 PA 214.

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

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

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

The motion prevailed.

Rep. Kooiman 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. 908, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 7405 and 17763 (MCL 333.7405 and 333.17763), section 7405 as amended by 1997 PA 153 and section 17763 as amended by 2004 PA 214.

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

Roll Call No. 1086 Yeas--106

Accavitti Gaffney Meyer Sheen

Acciavatti Garfield Middaugh Sheltrown

Adamini Gieleghem Milosch Shulman

Amos Gillard Minore Smith

Anderson Gleason Moolenaar Spade

Bieda Hager Mortimer Stahl

Bisbee Hardman Murphy Stakoe

Bradstreet Hart Newell Steil

Brandenburg Hood Nitz Stewart

Brown Hoogendyk Nofs Tabor

Byrum Hopgood O'Neil Taub

Casperson Howell Palmer Tobocman

Caswell Huizenga Palsrok Vagnozzi

Caul Hummel Pappageorge Van Regenmorter

Cheeks Hune Pastor Vander Veen

Clack Hunter Phillips Voorhees

Condino Jamnick Plakas Walker

Daniels Johnson, Rick Pumford Ward

Dennis Johnson, Ruth Reeves Waters

DeRossett Koetje Richardville Wenke

Dillon Kolb Rivet Whitmer

Drolet Kooiman Robertson Williams

Ehardt LaJoy Rocca Wojno

Elkins LaSata Sak Woodward

Emmons Lipsey Shackleton Woronchak

Farhat McConico Shaffer Zelenko

Farrah Meisner

Nays--0

In The Chair: Vander Veen

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

"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 provide for the levy of taxes against certain health facilities or agencies; 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 provide for an appropriation and supplements; 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,"

The House agreed to the full title.

Rep. Kooiman 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. 929, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending sections 3140, 3240, 6062, and 6066 (MCL 600.3140, 600.3240, 600.6062, and 600.6066), section 3240 as amended by 2000 PA 380; 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-2) previously recommended by the Committee on Local Government and Urban Policy,

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

Rep. Ward moved to amend the bill as follows:

1. Amend page 2, line 20, after "auctioneer." by striking out the balance of the line through "section." on line 22.

2. Amend page 2, line 26, after "affidavit" by inserting "and may be authorized by the purchaser to receive redemption funds".

3. Amend page 3, following line 11, by inserting:

"(6) The amount stated in any affidavits recorded under this section shall be the amount necessary to satisfy the requirements for redemption under this section.".

4. Amend page 4, line 8, after "sale." by striking out the balance of the line through "section." on line 10.

5. Amend page 4, line 14, after "affidavit" by inserting "and may be authorized by the purchaser to receive redemption funds".

6. Amend page 7, following line 5, by inserting:

"(13) The amount stated in any affidavits recorded under this section shall be the amount necessary to satisfy the requirements for redemption under this section.".

7. Amend page 7, line 24, after "sale." by striking out the balance of the line through "section." on line 26.

8. Amend page 8, line 3, after "affidavit" by inserting "and may be authorized by the purchaser to receive redemption funds".

9. Amend page 9, following line 21, by inserting:

"(4) The amount stated in any affidavits recorded under this section shall be the amount necessary to satisfy the requirements for redemption under this section.".

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

Rep. Caul moved to amend the bill as follows:

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

"Sec. 2567. (1) Except as provided in subsection (3), a register of deeds is entitled to the following fees, which are not taxable as costs except as indicated:

(a) For entering and recording a deed, mortgage, certified copy of an attachment, notice of the pendency of a suit, or other instrument, $8.00 for the first page and $3.00 for each additional and succeeding page. The fee shall be paid when the deed, mortgage, certified copy of an attachment, notice of the pendency of a suit, or other instrument is left for record. Until December 31, 2006, the The register of deeds shall deposit $5.00 of the total fee collected for each recording into the automation fund if a fund has been established under section 2568. For any document that assigns or discharges more than 1 instrument, $3.00 shall be added to the recording fee for each additional instrument assigned or discharged.

(b) For copies of any records or papers, if required, $1.00 per page, taxable as costs if otherwise allowed.

(c) For a seal to exemplification, $1.00.

(d) For searching the records and files, on request, by the office of the register of deeds, 50 cents for each year for which grantor/grantee searches are made, with a minimum fee of $5.00, except that the fee for tract index searches shall be based upon the cost of establishing and maintaining a tract index.

(e) For filing every other paper, and making an entry of it, if necessary, $1.00, unless otherwise specifically provided for.

(f) For searching for every other paper, on request, by the office of the register of deeds, $1.00 for each paper examined.

(2) In addition to any other fees prescribed in subsection (1) or (3), a register of deeds shall collect a fee of $2.00 for entering and recording a deed, mortgage, certified copy of an attachment, notice of the pendency of a suit, or other instrument. The fee shall be paid when the deed, mortgage, certified copy of an attachment, notice of the pendency of a suit, or other instrument is left for record.

(3) A charter county may impose a fee schedule by ordinance or resolution with different amounts than the amounts prescribed by subsection (1). A charter county shall not impose a fee that is greater than the cost of the service for which the fee is charged.

(4) As used in this section, "page" means 1 side of a single sheet of paper at least 8-1/2 inches by 11 inches in length and not exceeding 8-1/2 inches by 14 inches in length and not less than 20-pound weight.".

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

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

The motion prevailed.

Rep. Kooiman 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. 929, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending sections 3140, 3240, 6062, and 6066 (MCL 600.3140, 600.3240, 600.6062, and 600.6066), section 3240 as amended by 2000 PA 380; and to repeal acts and parts of acts.

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

Roll Call No. 1087 Yeas--95

Accavitti Gaffney Middaugh Sheltrown

Acciavatti Garfield Milosch Shulman

Adamini Gieleghem Minore Smith

Amos Gillard Moolenaar Spade

Anderson Gleason Mortimer Stahl

Bieda Hager Murphy Stakoe

Bradstreet Hart Newell Steil

Brandenburg Hoogendyk Nitz Tabor

Brown Hopgood Nofs Taub

Byrum Howell O'Neil Tobocman

Casperson Huizenga Palmer Vagnozzi

Caul Hummel Palsrok Van Regenmorter

Cheeks Hune Pappageorge Vander Veen

Clack Hunter Pastor Voorhees

Condino Jamnick Plakas Walker

Daniels Johnson, Rick Pumford Ward

Dennis Johnson, Ruth Reeves Waters

DeRossett Koetje Richardville Wenke

Dillon Kolb Rivet Williams

Drolet Kooiman Robertson Wojno

Elkins LaJoy Rocca Woodward

Emmons LaSata Sak Woronchak

Farhat Lipsey Shackleton Zelenko

Farrah Meisner Sheen

Nays--0

In The Chair: Vander Veen

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

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

A bill to amend 1961 PA 236, entitled "An act to revise and consolidate the statutes relating to the organization and jurisdiction of the courts of this state; the powers and duties of such courts, and of the judges and other officers thereof; the forms and attributes of civil claims and actions; the time within which civil actions and proceedings may be brought in said courts; pleading, evidence, practice and procedure in civil and criminal actions and proceedings in said courts; to provide remedies and penalties for the violation of certain provisions of this act; to repeal all acts and parts of acts inconsistent with or contravening any of the provisions of this act; and to repeal acts and parts of acts," by amending sections 2567, 3140, 3240, 6062, and 6066 (MCL 600.2567, 600.3140, 600.3240, 600.6062, and 600.6066), section 2567 as amended by 2002 PA 698 and section 3240 as amended by 2000 PA 380; and to repeal acts and parts of acts.

The motion prevailed.

The House agreed to the title as amended.

Rep. Kooiman 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. 930, entitled

A bill to amend 1899 PA 188, entitled "Michigan estate tax act," by amending section 3 (MCL 205.203), as amended by 1993 PA 54.

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. Ward moved to amend the bill as follows:

1. Amend page 8, line 8, after "(16)" by striking out the balance of the line through "deeds." on line 9 and inserting "The register of deeds shall not determine the amount necessary for redemption.".

2. Amend page 8, line 15, after "sale." by striking out the balance of the line through "section." on line 17.

3. Amend page 8, line 21, after "affidavit" by inserting "and may be authorized by the purchaser to receive redemption funds".

4. Amend page 12, following line 8, by inserting:

"(23) The amount stated in any affidavits recorded under this section shall be the amount necessary to satisfy the requirements for redemption under this section.".

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

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

The motion prevailed.

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

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

______

Rep. Kooiman moved that Rep. Julian 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. 930, entitled

A bill to amend 1899 PA 188, entitled "Michigan estate tax act," by amending section 3 (MCL 205.203), as amended by 1993 PA 54.

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

Roll Call No. 1088 Yeas--105

Accavitti Gaffney Meisner Shaffer

Acciavatti Garfield Meyer Sheen

Adamini Gieleghem Middaugh Sheltrown

Amos Gillard Milosch Smith

Anderson Gleason Minore Spade

Bieda Hager Moolenaar Stahl

Bisbee Hardman Mortimer Stakoe

Brandenburg Hart Murphy Steil

Brown Hood Newell Stewart

Byrum Hoogendyk Nitz Tabor

Casperson Hopgood Nofs Taub

Caswell Howell O'Neil Tobocman

Caul Huizenga Palmer Vagnozzi

Cheeks Hummel Palsrok Van Regenmorter

Clack Hune Pappageorge Vander Veen

Condino Hunter Pastor Voorhees

Daniels Jamnick Phillips Walker

Dennis Johnson, Rick Plakas Ward

DeRoche Johnson, Ruth Pumford Waters

DeRossett Koetje Reeves Wenke

Dillon Kolb Richardville Whitmer

Drolet Kooiman Rivet Williams

Ehardt LaJoy Robertson Wojno

Elkins LaSata Rocca Woodward

Emmons Lipsey Sak Woronchak

Farhat McConico Shackleton Zelenko

Farrah

Nays--0

In The Chair: Vander Veen

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

"An act to provide for the taxation of estates and generation-skipping transfers of property; to prescribe the powers and duties of certain personal representatives and state departments; to provide for the assessment and collection of the tax; and to provide for the administration and enforcement of this act,"

The House agreed to the full title.

Rep. Kooiman 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. 931, entitled

A bill to amend 1966 PA 346, entitled "State housing development authority act of 1966," by amending sections 48i and 49j (MCL 125.1448i and 125.1449j), section 48i as added by 1981 PA 173 and section 49j as amended by 1993 PA 221.

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. Ward moved to amend the bill as follows:

1. Amend page 2, line 24, by striking all of line 24 through "deeds." on line 26 and inserting "The register of deeds shall not determine the amount necessary for redemption.".

2. Amend page 3, line 3, after "sale." by striking out the balance of the line through "section." on line 5.

3. Amend page 3, line 10, after "affidavit" by inserting "and may be authorized by the purchaser to receive redemption funds".

4. Amend page 3, following line 11, by inserting:

"(4) The amount stated in any affidavits recorded under this section shall be the amount necessary to satisfy the requirements for redemption under this section.".

5. Amend page 4, line 3, by striking out all of line 3 through "deeds." on line 5 and inserting "The register of deeds shall not determine the amount necessary for redemption.".

6. Amend page 4, line 9, after "sale." by striking out the balance of the line through "section." on line 11.

7. Amend page 4, line 15, after "affidavit" by inserting "and may be authorized by the purchaser to receive redemption funds".

8. Amend page 6, following line 23, by inserting:

"(11) The amount stated in any affidavits recorded under this section shall be the amount necessary to satisfy the requirements for redemption under this section.".

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

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

The motion prevailed.

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

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

______

Rep. Sak moved that Rep. Dennis 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. 931, entitled

A bill to amend 1966 PA 346, entitled "State housing development authority act of 1966," by amending sections 48i and 49j (MCL 125.1448i and 125.1449j), section 48i as added by 1981 PA 173 and section 49j as amended by 1993 PA 221.

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

Roll Call No. 1089 Yeas--103

Accavitti Farrah McConico Sheltrown

Acciavatti Gaffney Meisner Shulman

Adamini Garfield Meyer Smith

Amos Gieleghem Middaugh Spade

Anderson Gillard Milosch Stahl

Bieda Gleason Minore Stakoe

Bisbee Hager Moolenaar Steil

Bradstreet Hardman Murphy Stewart

Brandenburg Hart Newell Tabor

Brown Hood Nitz Taub

Byrum Hoogendyk Nofs Tobocman

Casperson Hopgood O'Neil Vagnozzi

Caswell Howell Palmer Van Regenmorter

Caul Huizenga Palsrok Vander Veen

Cheeks Hummel Pappageorge Voorhees

Clack Hune Pastor Walker

Condino Hunter Phillips Ward

Daniels Jamnick Plakas Waters

DeRoche Johnson, Rick Pumford Wenke

DeRossett Johnson, Ruth Reeves Whitmer

Dillon Koetje Richardville Williams

Drolet Kolb Robertson Wojno

Ehardt Kooiman Rocca Woodward

Elkins LaJoy Sak Woronchak

Emmons LaSata Shaffer Zelenko

Farhat Lipsey Sheen

Nays--0

In The Chair: Vander Veen

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

"An act to create a state housing development authority; to define the powers and duties of the authority; to establish a housing development revolving fund; to establish a land acquisition and development fund; to establish a rehabilitation fund; to establish a conversion condominium fund; to authorize the making and purchase of loans, deferred payment loans, and grants to qualified developers, sponsors, individuals, mortgage lenders, and municipalities; to establish and provide acceleration and foreclosure procedures; to provide tax exemption; to authorize payments in lieu of taxes by nonprofit housing corporations, consumer housing cooperatives, limited dividend housing corporations, mobile home park corporations, and mobile home park associations; and to prescribe criminal penalties for violations of this act,"

The House agreed to the full title.

Rep. Kooiman 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. 926, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 40111a (MCL 324.40111a), as added by 1999 PA 66; and to repeal acts and parts of acts.

The bill was read a second time.

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

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

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

The motion prevailed.

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

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

______

Rep. Waters moved that Rep. Smith 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. 926, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 40111a (MCL 324.40111a), as added by 1999 PA 66; and to repeal acts and parts of acts.

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

Roll Call No. 1090 Yeas--67

Acciavatti Hardman Mortimer Stahl

Amos Hart Murphy Stakoe

Bieda Howell Newell Steil

Bisbee Huizenga Nitz Stewart

Brandenburg Hune Nofs Tabor

Byrum Johnson, Rick Palsrok Taub

Casperson Johnson, Ruth Pappageorge Tobocman

Caswell Koetje Pastor Van Regenmorter

Caul Kolb Phillips Vander Veen

DeRoche Kooiman Plakas Walker

DeRossett LaJoy Reeves Ward

Ehardt LaSata Richardville Waters

Emmons McConico Robertson Wenke

Farhat Meyer Rocca Whitmer

Gaffney Middaugh Shaffer Woodward

Garfield Milosch Shulman Woronchak

Hager Moolenaar Spade

Nays--38

Accavitti Drolet Hunter Sak

Adamini Elkins Jamnick Shackleton

Anderson Farrah Lipsey Sheen

Bradstreet Gieleghem Meisner Sheltrown

Brown Gillard Minore Vagnozzi

Cheeks Gleason O'Neil Voorhees

Clack Hood Palmer Williams

Condino Hoogendyk Pumford Wojno

Daniels Hopgood Rivet Zelenko

Dillon Hummel

In The Chair: Vander Veen

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

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

A bill to amend 1994 PA 451, entitled "An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, and assessments; to provide certain appropriations; to prescribe penalties and provide remedies; to repeal certain parts of this act on a specific date; and to repeal certain acts and parts of acts," by amending sections 40111a and 42702 (MCL 324.40111a and 324.42702), section 40111a as added by 1999 PA 66 and section 42702 as amended by 2004 PA 325; and to repeal acts and parts of acts.

The motion prevailed.

The House agreed to the title as amended.

Rep. Kooiman 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. 1185, entitled

A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 154 (MCL 211.154), as amended by 2003 PA 247.

The bill was read a second time.

Rep. Ward moved to amend the bill as follows:

1. Amend page 2, line 10, after "and" by inserting "any previous years, but not to exceed".

2. Amend page 2, line 17, after "and" by inserting "any previous years, but not to exceed".

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

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

The motion prevailed.

Rep. Kooiman 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. 1185, entitled

A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 154 (MCL 211.154), as amended by 2003 PA 247.

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

Roll Call No. 1091 Yeas--68

Accavitti Farhat McConico Shackleton

Acciavatti Gaffney Meyer Shaffer

Amos Garfield Middaugh Sheen

Bisbee Hager Milosch Shulman

Bradstreet Hart Moolenaar Stahl

Brandenburg Hoogendyk Mortimer Stakoe

Casperson Howell Newell Steil

Caswell Huizenga Nitz Stewart

Caul Hummel Nofs Tabor

Condino Hune Palmer Taub

Daniels Hunter Palsrok Van Regenmorter

DeRoche Johnson, Rick Pappageorge Vander Veen

DeRossett Johnson, Ruth Pastor Voorhees

Dillon Koetje Pumford Walker

Drolet Kooiman Richardville Ward

Ehardt LaJoy Robertson Wenke

Emmons LaSata Rocca Woodward

Nays--38

Adamini Gillard Murphy Spade

Anderson Gleason O'Neil Tobocman

Bieda Hardman Phillips Vagnozzi

Brown Hood Plakas Waters

Byrum Hopgood Reeves Whitmer

Cheeks Jamnick Rivet Williams

Clack Kolb Sak Wojno

Elkins Lipsey Sheltrown Woronchak

Farrah Meisner Smith Zelenko

Gieleghem Minore

In The Chair: Vander Veen

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. Kooiman 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. 756, entitled

A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding section 5474b.

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. Ehardt moved to amend the bill as follows:

1. Amend page 1, line 6, after "of" by striking out the balance of the line through "control" on line 7.

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

3. Amend page 2, following line 22, by inserting:

"(4) The owner of all other target housing that is offered for rent or lease as a residence that has been determined to be absent of lead-based paint hazards through a lead-based paint inspection performed by a certified risk assessor certified under this part may register that property with the department and the department shall include that property on the lead safe housing registry free of charge." and renumbering the remaining subsections.

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

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

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

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

The motion prevailed.

Rep. Kooiman 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. 756, entitled

A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding section 5474b.

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

Roll Call No. 1092 Yeas--89

Accavitti Gaffney Meyer Sheltrown

Acciavatti Gieleghem Middaugh Shulman

Adamini Gillard Minore Smith

Amos Gleason Mortimer Spade

Anderson Hager Murphy Stakoe

Bieda Hardman Newell Steil

Brandenburg Hart Nitz Stewart

Brown Hood Nofs Tabor

Byrum Hopgood O'Neil Tobocman

Casperson Howell Palsrok Vagnozzi

Caswell Hunter Pappageorge Van Regenmorter

Caul Jamnick Phillips Vander Veen

Cheeks Johnson, Rick Plakas Voorhees

Clack Johnson, Ruth Pumford Walker

Condino Koetje Reeves Waters

Daniels Kolb Richardville Wenke

DeRossett Kooiman Rivet Whitmer

Dillon LaJoy Robertson Williams

Ehardt LaSata Rocca Wojno

Elkins Lipsey Sak Woodward

Emmons McConico Shackleton Woronchak

Farhat Meisner Shaffer Zelenko

Farrah

Nays--17

Bisbee Hoogendyk Milosch Sheen

Bradstreet Huizenga Moolenaar Stahl

DeRoche Hummel Palmer Taub

Drolet Hune Pastor Ward

Garfield

In The Chair: Vander Veen

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

Rep. Richardville moved to amend the title 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 provide for the levy of taxes against certain health facilities or agencies; 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 provide for an appropriation and supplements; 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," (MCL 333.1101 to 333.25211) by adding sections 5474b and 5474c.

The motion prevailed.

The House agreed to the title as amended.

Rep. Kooiman 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 1978 PA 368, entitled "Public health code," by amending sections 16901 and 16903 (MCL 333.16901 and 333.16903), as added by 1995 PA 126.

The bill was read a second time.

Rep. Voorhees moved to amend the bill as follows:

1. Amend page 4, line 2, after "October 1," by striking out "2004" and inserting "2005".

2. Amend page 4, line 4, after "unless" by striking out the balance of the enacting section and inserting "all of the following bills of the 92nd Legislature are enacted into law:

(a) House Bill No. 5467.

(b) House Bill No. 5468.

(c) House Bill No. 5469.

(d) House Bill No. 5470.

(e) House Bill No. 5471.

(f) House Bill No. 5473.

(g) House Bill No. 5474.

(h) Senate Bill No. 961.

(i) Senate Bill No. 963.

(j) Senate Bill No. 964.

(k) Senate Bill No. 966.".

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

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

The motion prevailed.

Rep. Kooiman 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

A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 16901 and 16903 (MCL 333.16901 and 333.16903), as added by 1995 PA 126.

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

Roll Call No. 1093 Yeas--90

Acciavatti Farrah Middaugh Shaffer

Adamini Gaffney Milosch Sheen

Amos Garfield Minore Sheltrown

Bieda Gieleghem Moolenaar Shulman

Bisbee Gillard Murphy Spade

Bradstreet Gleason Newell Stahl

Brandenburg Hardman Nitz Stakoe

Brown Hart Nofs Steil

Casperson Hood O'Neil Stewart

Caswell Hoogendyk Palmer Tabor

Caul Howell Palsrok Taub

Cheeks Huizenga Pappageorge Vagnozzi

Clack Hummel Pastor Van Regenmorter

Condino Hune Phillips Vander Veen

Daniels Hunter Plakas Voorhees

DeRoche Jamnick Pumford Walker

DeRossett Johnson, Rick Reeves Ward

Dillon Johnson, Ruth Richardville Waters

Drolet Koetje Robertson Wenke

Ehardt Kooiman Rocca Wojno

Elkins LaJoy Sak Woodward

Emmons LaSata Shackleton Woronchak

Farhat McConico

Nays--11

Anderson Kolb Smith Williams

Byrum Lipsey Tobocman Zelenko

Hopgood Meisner Whitmer

In The Chair: Vander Veen

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

"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 provide for the levy of taxes against certain health facilities or agencies; 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 provide for an appropriation and supplements; 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,"

The House agreed to the full title.

Rep. Kooiman 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.

Second Reading of Bills

Senate Bill No. 961, entitled

A bill to amend 1887 PA 128, entitled "An act establishing the minimum ages for contracting marriages; to require a civil license in order to marry and its registration; to provide for the implementation of federal law; and to provide a penalty for the violation of this act," (MCL 551.101 to 551.111) by amending the title, as amended by 1998 PA 333, and by adding section 12.

The bill was read a second time.

Rep. Voorhees moved to amend the bill as follows:

1. Amend page 2, line 5, after "unless" by striking out the balance of the enacting section and inserting "all of the following bills of the 92nd Legislature are enacted into law:

(a) House Bill No. 5467.

(b) House Bill No. 5468.

(c) House Bill No. 5469.

(d) House Bill No. 5470.

(e) House Bill No. 5471.

(f) House Bill No. 5473.

(g) House Bill No. 5474.

(h) Senate Bill No. 959.

(i) Senate Bill No. 963.

(j) Senate Bill No. 964.

(k) Senate Bill No. 966.".

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

Rep. Voorhees moved to amend the bill as follows:

1. Amend page 1, line 7, after "(1)" by striking out "If" and inserting "For tax years that begin after December 31, 2005, if".

2. Amend page 2, line 2, by striking out all of enacting section 1 and renumbering the remaining enacting section.

3. Amend page 2, line 5, after "unless" by striking out the balance of the enacting section and inserting "all of the following bills of the 92nd Legislature are enacted into law:

(a) House Bill No. 5467.

(b) House Bill No. 5468.

(c) House Bill No. 5469.

(d) House Bill No. 5470.

(e) House Bill No. 5471.

(f) House Bill No. 5473.

(g) House Bill No. 5474.

(h) Senate Bill No. 959.

(i) Senate Bill No. 963.

(j) Senate Bill No. 964.

(k) Senate Bill No. 966.".

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

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

The motion prevailed.

Rep. Kooiman 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. 961, entitled

A bill to amend 1887 PA 128, entitled "An act establishing the minimum ages for contracting marriages; to require a civil license in order to marry and its registration; to provide for the implementation of federal law; and to provide a penalty for the violation of this act," (MCL 551.101 to 551.111) by amending the title, as amended by 1998 PA 333, and by adding section 12.

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

Roll Call No. 1094 Yeas--71

Acciavatti Gieleghem Middaugh Sheen

Amos Gillard Milosch Shulman

Bisbee Gleason Moolenaar Spade

Bradstreet Hart Mortimer Stahl

Brown Hoogendyk Newell Stakoe

Casperson Howell Nitz Stewart

Caswell Huizenga Nofs Tabor

Caul Hummel O'Neil Taub

Daniels Hune Palmer Van Regenmorter

DeRoche Johnson, Rick Pappageorge Vander Veen

DeRossett Johnson, Ruth Phillips Voorhees

Dillon Julian Plakas Walker

Drolet Koetje Pumford Ward

Ehardt Kooiman Richardville Wenke

Emmons LaJoy Robertson Wojno

Farhat LaSata Rocca Woodward

Gaffney McConico Sak Woronchak

Garfield Meyer Shaffer

Nays--30

Accavitti Elkins Lipsey Smith

Adamini Farrah Meisner Tobocman

Anderson Hardman Minore Vagnozzi

Bieda Hood Murphy Waters

Byrum Hopgood Reeves Whitmer

Cheeks Hunter Rivet Williams

Clack Jamnick Sheltrown Zelenko

Condino Kolb

In The Chair: Julian

The House agreed to the title of the bill.

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

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

______

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

"Mr. Speaker and members of the House:

I voted 'no' on Senate Bill 961, as well as House Bills 5468 and 5469, because I believe that the meager tax credit is unlikely to have any positive impact on either preventing divorce or encouraging marital counseling, while at the same time having a significant fiscal impact on the state."

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

"Mr. Speaker and members of the House:

I voted against this bill because I do not believe that the State has a role in subsidizing so-called 'pre-marital education'. Marriage is a very personal decision and, while professional counselors, clergy and others can help improve the quality of the marriage, the decision to seek counseling should come from the desires of the marrying couple, rather than some financial incentive. Just as other forms of counseling are ineffective without the real commitment of those seeking it, so too will pre-marriage counseling fail to achieve its goal if it is pursued by couples seeking to attain some tax benefit. This is a waste of taxpayer resources and offends my separation of government involvement in very personal decisions, such as the decision to marry."

Second Reading of Bills

Senate Bill No. 963, entitled

A bill to amend 1887 PA 128, entitled "An act establishing the minimum ages for contracting marriages; to require a civil license in order to marry and its registration; to provide for the implementation of federal law; and to provide a penalty for the violation of this act," by amending section 4 (MCL 551.104).

The bill was read a second time.

Rep. Voorhees moved to amend the bill as follows:

1. Amend page 2, line 15, after "October 1," by striking out "2004" and inserting "2005".

2. Amend page 2, line 17, after "unless" by striking out the balance of the enacting section and inserting "all of the following bills of the 92nd Legislature are enacted into law:

(a) Senate Bill No. 959.

(b) Senate Bill No. 961.

(c) Senate Bill No. 964.

(d) Senate Bill No. 966.

(e) House Bill No. 5467.

(f) House Bill No. 5468.

(g) House Bill No. 5469.

(h) House Bill No. 5470.

(i) House Bill No. 5471.

(j) House Bill No. 5473.

(k) House Bill No. 5474.".

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

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

The motion prevailed.

Rep. Kooiman 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

Senate Bill No. 963, entitled

A bill to amend 1887 PA 128, entitled "An act establishing the minimum ages for contracting marriages; to require a civil license in order to marry and its registration; to provide for the implementation of federal law; and to provide a penalty for the violation of this act," by amending section 4 (MCL 551.104).

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

Roll Call No. 1095 Yeas--88

Accavitti Farrah LaJoy Rocca

Acciavatti Gaffney LaSata Sak

Adamini Garfield McConico Shackleton

Amos Gieleghem Meyer Shaffer

Bieda Gillard Middaugh Sheen

Bisbee Gleason Milosch Shulman

Bradstreet Hager Moolenaar Spade

Brown Hardman Mortimer Stahl

Byrum Hart Murphy Steil

Casperson Hood Newell Stewart

Caswell Hoogendyk Nitz Tabor

Caul Hopgood Nofs Taub

Cheeks Howell O'Neil Vagnozzi

Clack Huizenga Palmer Van Regenmorter

Condino Hummel Palsrok Vander Veen

Daniels Hune Pappageorge Voorhees

DeRoche Hunter Phillips Ward

DeRossett Johnson, Rick Plakas Waters

Dillon Johnson, Ruth Pumford Wenke

Elkins Julian Reeves Wojno

Emmons Koetje Richardville Woodward

Farhat Kooiman Robertson Woronchak

Nays--14

Anderson Lipsey Sheltrown Whitmer

Drolet Meisner Smith Williams

Jamnick Minore Tobocman Zelenko

Kolb Rivet

In The Chair: Julian

The House agreed to the title of the bill.

Rep. Kooiman 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. 964, entitled

A bill to amend 1887 PA 128, entitled "An act establishing the minimum ages for contracting marriages; to require a civil license in order to marry and its registration; to provide for the implementation of federal law; and to provide a penalty for the violation of this act," by amending the title and section 2 (MCL 551.102), as amended by 1998 PA 333, and by adding sections 2a and 2b.

The bill was read a second time.

Rep. Voorhees moved to amend the bill as follows:

1. Amend page 5, line 4, after "October 1," by striking out "2004" and inserting "2005".

2. Amend page 5, line 6, after "unless" by striking out the balance of the enacting section and inserting "all of the following bills of the 92nd Legislature are enacted into law:

(a) House Bill No. 5467.

(b) House Bill No. 5468.

(c) House Bill No. 5469.

(d) House Bill No. 5470.

(e) House Bill No. 5471.

(f) House Bill No. 5473.

(g) House Bill No. 5474.

(h) Senate Bill No. 959.

(i) Senate Bill No. 961.

(j) Senate Bill No. 963.

(k) Senate Bill No. 966.".

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

Rep. Voorhees moved to amend the bill as follows:

1. Amend page 4, line 17, after the second "or" by inserting a comma and "until July 1, 2005,".

2. Amend page 4, line 20, after "333.18838" by inserting a comma and "or, beginning July 1, 2005, a social worker, licensed master's social worker, licensed bachelor's social worker, or social service technician as prescribed under article 15 of the public health code, 1978 PA 368, MCL 333.16101 to 333.18838".

3. Amend page 5, line 4, after "October 1," by striking out "2004" and inserting "2005".

4. Amend page 5, line 6, after "unless" by striking out the balance of the enacting section and inserting "all of the following bills of the 92nd Legislature are enacted into law:

(a) House Bill No. 5467.

(b) House Bill No. 5468.

(c) House Bill No. 5469.

(d) House Bill No. 5470.

(e) House Bill No. 5471.

(f) House Bill No. 5473.

(g) House Bill No. 5474.

(h) Senate Bill No. 959.

(i) Senate Bill No. 961.

(j) Senate Bill No. 963.

(k) Senate Bill No. 966.".

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

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

The motion prevailed.

Rep. Kooiman 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. 964, entitled

A bill to amend 1887 PA 128, entitled "An act establishing the minimum ages for contracting marriages; to require a civil license in order to marry and its registration; to provide for the implementation of federal law; and to provide a penalty for the violation of this act," by amending the title and section 2 (MCL 551.102), as amended by 1998 PA 333, and by adding sections 2a and 2b.

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

Roll Call No. 1096 Yeas--64

Acciavatti Hager Middaugh Sak

Amos Hart Milosch Shaffer

Bisbee Hoogendyk Moolenaar Sheen

Bradstreet Howell Mortimer Spade

Brown Huizenga Murphy Stahl

Casperson Hummel Newell Stewart

Caswell Hune Nitz Tabor

Caul Johnson, Rick Nofs Taub

DeRossett Johnson, Ruth O'Neil Van Regenmorter

Dillon Julian Palmer Vander Veen

Ehardt Koetje Palsrok Voorhees

Emmons Kooiman Pappageorge Walker

Farhat LaJoy Pastor Ward

Gaffney LaSata Richardville Wenke

Gillard McConico Robertson Wojno

Gleason Meyer Rocca Woronchak

Nays--40

Accavitti DeRoche Jamnick Smith

Adamini Drolet Kolb Stakoe

Anderson Elkins Lipsey Steil

Bieda Farrah Meisner Tobocman

Brandenburg Garfield Minore Vagnozzi

Byrum Gieleghem Phillips Waters

Cheeks Hardman Plakas Whitmer

Clack Hood Rivet Williams

Condino Hopgood Sheltrown Woodward

Daniels Hunter Shulman Zelenko

In The Chair: Julian

The House agreed to the title of the bill.

Rep. Kooiman 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. 966, entitled

A bill to amend 1970 PA 91, entitled "Child custody act of 1970," by amending section 7a (MCL 722.27a), as amended by 1996 PA 19.

The bill was read a second time.

Rep. Voorhees moved to amend the bill as follows:

1. Amend page 7, line 11, after "October 1," by striking out "2004" and inserting "2005".

2. Amend page 7, line 13, after "unless" by striking out the balance of the enacting section and inserting "all of the following bills of the 92nd Legislature are enacted into law:

(a) House Bill No. 5467.