2006-HJ-02-09-013.htm

No. 13

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

93rd Legislature

REGULAR SESSION OF 2006

House Chamber, Lansing, Thursday, February 9, 2006.

10:30 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 Elsenheimer--present Law, Kathleen--present Robertson--present

Acciavatti--present Emmons--present Leland--present Rocca--present

Adamini--present Espinoza--present Lemmons, III--present Sak--present

Amos--present Farhat--present Lemmons, Jr.--excused Schuitmaker--present

Anderson--present Farrah--present Lipsey--present Shaffer--present

Angerer--present Gaffney--present Marleau--present Sheen--present

Ball--present Garfield--present Mayes--present Sheltrown--present

Baxter--present Gillard--present McConico--present Smith, Alma--present

Bennett--present Gleason--present McDowell--present Smith, Virgil--present

Bieda--present Gonzales--present Meisner--present Spade--present

Booher--present Gosselin--present Meyer--present Stahl--present

Brandenburg--present Green--present Miller--present Stakoe--present

Brown--present Hansen--present Moolenaar--present Steil--present

Byrnes--present Hildenbrand--present Moore--present Stewart--present

Byrum--present Hood--present Mortimer--present Taub--present

Casperson--present Hoogendyk--present Murphy--present Tobocman--present

Caswell--present Hopgood--present Newell--present Vagnozzi--present

Caul--present Huizenga--present Nitz--present Van Regenmorter--excused

Cheeks--present Hummel--present Nofs--present Vander Veen--present

Clack--present Hune--present Palmer--present Walker--present

Clemente--present Hunter--present Palsrok--present Ward--present

Condino--present Jones--present Pastor--present Waters--present

Cushingberry--present Kahn--present Pavlov--present Wenke--present

DeRoche--present Kolb--present Pearce--present Whitmer--present

Dillon--present Kooiman--present Plakas--present Williams--present

Donigan--present LaJoy--present Polidori--present Wojno--present

Drolet--present Law, David--present Proos--present Zelenko--present

e/d/s = entered during session

Rep. Paul Condino, from the 35th District, offered the following invocation:

"Almighty and eternal God, You know the longing of men's hearts, and You protect their rights. In Your goodness watch over those in authority, so that people everywhere may enjoy freedom, security and peace.

You guide and govern everything with order and love. Look upon the assembly of this body and fill us with the spirit of Your wisdom. Amen."

______

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

The motion prevailed.

Rep. Sak moved that Rep. Lemmons, Jr. be excused from today's session.

The motion prevailed.

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

Third Reading of Bills

House Bill No. 4893, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending section 16263 (MCL 333.16263), as amended by 2004 PA 97, and by adding section 16336 and part 179.

The bill was read a third time.

The question being on the passage of the bill,

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

The motion prevailed.

House Bill No. 4536, entitled

A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 34c (MCL 211.34c), as amended by 2002 PA 620.

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

Roll Call No. 63 Yeas--106

Accavitti Elsenheimer Law, Kathleen Robertson

Acciavatti Emmons Leland Rocca

Adamini Espinoza Lemmons, III Sak

Amos Farhat Lipsey Schuitmaker

Anderson Farrah Marleau Shaffer

Angerer Gaffney Mayes Sheen

Ball Garfield McConico Sheltrown

Baxter Gillard McDowell Smith, Alma

Bennett Gleason Meisner Smith, Virgil

Bieda Gonzales Meyer Spade

Booher Gosselin Miller Stahl

Brandenburg Green Moolenaar Stakoe

Brown Hansen Moore Steil

Byrnes Hildenbrand Mortimer Stewart

Byrum Hood Murphy Taub

Casperson Hoogendyk Newell Tobocman

Caswell Hopgood Nitz Vagnozzi

Caul Huizenga Nofs Vander Veen

Cheeks Hummel Palmer Walker

Clack Hune Palsrok Ward

Clemente Hunter Pastor Waters

Condino Jones Pavlov Wenke

Cushingberry Kahn Pearce Whitmer

DeRoche Kolb Plakas Williams

Dillon Kooiman Polidori Wojno

Donigan LaJoy Proos Zelenko

Drolet Law, David

Nays--0

In The Chair: Caswell

The House agreed to the title of the bill.

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

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

______

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

The motion prevailed.

By unanimous consent the House returned to the order of

Reports of Standing Committees

The Committee on Natural Resources, Great Lakes, Land Use, and Environment, by Rep. Palsrok, Chair, reported

Senate Bill No. 850, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 30103, 32701, 32702, 32707, and 32713 (MCL 324.30103, 324.32701, 324.32702, 324.32707, and 324.32713), sections 30103, 32702, and 32713 as added by 1995 PA 59 and sections 32701 and 32707 as amended by 2003 PA 148, and by adding sections 32704a, 32721, 32722, 32723, 32724, 32726, 32727, and 32728; and to repeal acts and parts of acts.

With the recommendation that the substitute (H-4) be adopted and that the bill then pass.

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Palsrok, Pavlov, Meyer, LaJoy, Ward, Elsenheimer, Moore, Pearce, Gillard, Byrnes, Kathleen Law, Bennett and Donigan

Nays: None

The Committee on Natural Resources, Great Lakes, Land Use, and Environment, by Rep. Palsrok, Chair, reported

Senate Bill No. 851, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 32803 (MCL 324.32803), as added by 2003 PA 148.

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

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Palsrok, Pavlov, Meyer, LaJoy, Ward, Elsenheimer, Moore, Pearce, Gillard, Miller, Byrnes, Kathleen Law, Bennett and Donigan

Nays: None

The Committee on Natural Resources, Great Lakes, Land Use, and Environment, by Rep. Palsrok, Chair, reported

Senate Bill No. 852, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 32705 and 32708 (MCL 324.32705 and 324.32708), as amended by 2003 PA 148, and by adding section 32708a.

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

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Palsrok, Pavlov, Meyer, LaJoy, Ward, Elsenheimer, Moore, Pearce, Gillard, Miller, Byrnes, Kathleen Law, Bennett and Donigan

Nays: None

The Committee on Natural Resources, Great Lakes, Land Use, and Environment, by Rep. Palsrok, Chair, reported

Senate Bill No. 854, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 32725.

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

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Palsrok, Pavlov, Meyer, LaJoy, Ward, Elsenheimer, Moore, Pearce, Gillard, Miller, Byrnes, Kathleen Law, Bennett and Donigan

Nays: None

The Committee on Natural Resources, Great Lakes, Land Use, and Environment, by Rep. Palsrok, Chair, reported

Senate Bill No. 857, entitled

A bill to amend 1976 PA 399, entitled "Safe drinking water act," by amending section 4 (MCL 325.1004), as amended by 1998 PA 56.

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

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Palsrok, Pavlov, Meyer, LaJoy, Ward, Elsenheimer, Moore, Pearce, Gillard, Miller, Byrnes, Kathleen Law, Bennett and Donigan

Nays: None

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Palsrok, Chair, of the Committee on Natural Resources, Great Lakes, Land Use, and Environment, was received and read:

Meeting held on: Thursday, February 9, 2006

Present: Reps. Palsrok, Pavlov, Meyer, LaJoy, Ward, Elsenheimer, Moore, Pearce, Gillard, Miller, Byrnes, Kathleen Law, Bennett and Donigan

Absent: Rep. Palmer

Excused: Rep. Palmer

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Palsrok, Chair, of the Committee on Natural Resources, Great Lakes, Land Use, and Environment, was received and read:

Meeting held on: Wednesday, February 8, 2006

Present: Reps. Palsrok, Pavlov, Meyer, LaJoy, Elsenheimer, Moore, Pearce, Gillard, Miller, Byrnes, Kathleen Law, Bennett and Donigan

Absent: Reps. Palmer and Ward

Excused: Reps. Palmer and Ward

By unanimous consent the House returned to the order of

Motions and Resolutions

Reps. Sak, McDowell, Accavitti, Anderson, Brandenburg, Clack, Condino, Espinoza, Gleason, Gonzales, Kathleen Law, Leland, Miller, Mortimer, Pearce, Polidori, Alma Smith, Spade, Vander Veen, Wojno and Zelenko offered the following resolution:

House Resolution No. 196.

A resolution to urge the Department of Natural Resources and the Natural Resources Commission not to sell any state park lands without legislative approval.

Whereas, The people of Michigan have a long history of enjoying our state's bounty and beauty through outdoor activities. Our heritage as a haven for hiking, hunting, fishing, camping, and boating has led our citizens to make a major investment in our network of state parks. These facilities offer a variety of attractions, all of which provide an opportunity for our citizens to enjoy our waters and woods; and

Whereas, A proposal has been made to sell some of the Michigan's state park lands. This suggestion has been made to alleviate some of the state's budget difficulties and as a way to reduce potential conflicts with private sector enterprises, especially private campgrounds; and

Whereas, Michigan's state parks represent a long-term investment that generations of our citizens have made. To sell some of these parks, especially for the short-term benefit of an infusion of cash, would do little to help our state. In essence, selling park lands would leave our state poorer. Doing so would certainly not be prudent in view of the fact that tourism continues to play an important role in our state economy. For certain areas of the state, of course, state parks are major elements of community life; and

Whereas, Michigan's citizens strongly support our state park system. In fact, they have approved ballot measures to secure our park system and recreational resources far into the future. To replace this public commitment with a policy that promotes the sale of parks for possible short-term benefits would be wrong; now, therefore, be it

Resolved by the House of Representatives, That we urge the Department of Natural Resources and the Natural Resources Commission not to sell any state park lands without legislative approval; and be it further

Resolved, That copies of this resolution be transmitted to the Department of Natural Resources and the Natural Resources Commission.

The resolution was referred to the Committee on Government Operations.

Announcement by the Clerk of Printing and Enrollment

The Clerk announced the enrollment printing and presentation to the Governor on Thursday, February 9, for her approval of the following bills:

Enrolled House Bill No. 5559 at 11:44 a.m.

Enrolled House Bill No. 4670 at 11:46 a.m.

The Clerk announced that the following bills had been printed and placed upon the files of the members on Thursday, February 9:

House Bill Nos. 5647 5648 5649 5650 5651 5652 5653 5654 5655 5656 5657 5658 5659

Senate Bill Nos. 1038 1039 1040 1041

The Clerk announced that the following Senate bill had been received on Thursday, February 9:

Senate Bill No. 880

By unanimous consent the House returned to the order of

Messages from the Senate

Senate Bill No. 880, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," (MCL 500.100 to 500.8302) by adding chapter 41A.

The Senate has passed the bill.

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

Introduction of Bills

Reps. Hansen and Booher introduced

House Bill No. 5660, entitled

A bill to amend 1980 PA 299, entitled "Occupational code," by amending sections 2601, 2605, 2611, 2613, 2614, 2615, 2617, 2619, 2621, 2627, 2629, 2633, 2635, and 2637 (MCL 339.2601, 339.2605, 339.2611, 339.2613, 339.2614, 339.2615, 339.2617, 339.2619, 339.2621, 339.2627, 339.2629, 339.2633, 339.2635, and 339.2637), sections 2601, 2605, 2611, 2613, 2615, 2617, 2619, 2621, 2627, 2629, 2633, 2635, and 2637 as amended and section 2614 as added by 1999 PA 170.

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

Reps. Nofs, Hunter, Stewart, Garfield, Meyer, Gaffney, Steil, Proos, Jones, Booher, Moolenaar, Amos, Vander Veen, Vagnozzi, Sheltrown, Hune, Kolb, Lipsey, Condino, Plakas, Mayes, Alma Smith, Hopgood, Moore, Baxter, Nitz, Kahn, Ward, Shaffer, David Law, Newell, Caul, Marleau, LaJoy, Mortimer, Acciavatti, Schuitmaker, Pearce, Hansen and Waters introduced

House Bill No. 5661, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," (MCL 500.100 to 500.8302) by adding section 2111a.

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

Reps. Caswell, Stahl, Plakas, Wenke, Marleau, Amos, Sheen, Hoogendyk, Gosselin, Moore, Taub and Baxter introduced

House Bill No. 5662, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 732a (MCL 257.732a), as amended by 2004 PA 52; and to repeal acts and parts of acts.

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

Reps. Hunter, Nofs, Tobocman, Vagnozzi, Cheeks, Kolb, Condino, Hood, Plakas, Anderson, Hune, Lipsey, Bieda, Waters, Alma Smith, Espinoza, Mayes, Leland, Dillon, Farrah, Virgil Smith, Gonzales, Gillard and Lemmons, III introduced

House Bill No. 5663, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," (MCL 257.1 to 257.923) by adding section 310f.

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

Reps. Spade, Jones, Polidori, Wojno, Anderson, Clemente, Mortimer, Gaffney, Gleason, Bennett, Plakas, Stahl, Farrah, Hune, Byrnes, Miller, Kathleen Law, Bieda, Accavitti, Brown, Gonzales, David Law, Kahn, Pavlov, Ward, Hansen, Waters, Cushingberry, Tobocman, Gillard, Mayes, Meisner, Espinoza, Dillon, Lipsey, Hood, Sak, Leland, Lemmons, Jr., Hunter, Clack, Adamini, Sheltrown, McDowell, Garfield, Vagnozzi, Pearce, Green and Lemmons, III introduced

House Bill No. 5664, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending sections 2118 and 2120 (MCL 500.2118 and 500.2120), section 2118 as amended by 2002 PA 492 and section 2120 as amended by 1984 PA 350, and by adding section 2116a.

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

Reps. Leland, Accavitti, Tobocman, Lipsey, Condino, Adamini, Hunter, McConico, Virgil Smith, Meisner and Alma Smith introduced

House Bill No. 5665, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending sections 4706 and 8733 (MCL 600.4706 and 600.8733), section 4706 as added by 1988 PA 104 and section 8733 as amended by 2003 PA 95, and by adding section 2975.

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

Reps. Leland, Accavitti, Tobocman, Lipsey, Adamini, Hunter, McConico, Virgil Smith, Meisner and Alma Smith introduced

House Bill No. 5666, entitled

A bill to amend 1993 PA 327, entitled "Tobacco products tax act," by amending section 9 (MCL 205.429), as amended by 2004 PA 474.

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

Reps. Leland, Accavitti, Tobocman, Lipsey, Condino, Adamini, Hunter, McConico, Virgil Smith, Meisner and Alma Smith introduced

House Bill No. 5667, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 625n (MCL 257.625n), as amended by 1998 PA 349.

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

Reps. Leland, Accavitti, Tobocman, Lipsey, Condino, Adamini, Hunter, McConico, Virgil Smith, Meisner and Alma Smith introduced

House Bill No. 5668, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending sections 159n and 535a (MCL 750.159n and 750.535a), section 159n as added by 1995 PA 187 and section 535a as amended by 1999 PA 185.

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

Reps. David Law, Marleau, LaJoy, Proos, Stahl, Green, Kahn and Jones introduced

House Bill No. 5669, entitled

A bill to amend 1984 PA 431, entitled "The management and budget act," by amending section 224 (MCL 18.1224), as added by 2003 PA 12.

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

Reps. Proos, David Law, Marleau, LaJoy, Stahl, Green, Kahn and Jones introduced

House Bill No. 5670, entitled

A bill to require departments and regulatory agencies of this state to acknowledge timely receipt of information requests submitted by mail as the postmark date; and to provide for rule-making authority.

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

Rep. Steil introduced

House Joint Resolution S, entitled

A joint resolution proposing an amendment to the state constitution of 1963, by amending sections 2, 3, and 54 of article IV, to reduce the number of senators and representatives and to increase term limits.

The joint resolution was read a first time by its title and referred to the Committee on Government Operations.

______

Associate Speaker Pro Tempore Elsenheimer assumed the Chair.

Quorum Call

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

The motion prevailed.

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

The following is the roll call:

Roll Call No. 64 Yeas--104

Accavitti Drolet LaJoy Robertson

Acciavatti Elsenheimer Law, David Rocca

Adamini Emmons Law, Kathleen Sak

Amos Espinoza Leland Schuitmaker

Anderson Farhat Lemmons, III Shaffer

Angerer Farrah Lipsey Sheen

Ball Gaffney Marleau Sheltrown

Baxter Garfield Mayes Smith, Alma

Bennett Gillard McConico Smith, Virgil

Bieda Gleason McDowell Spade

Booher Gonzales Meisner Stahl

Brandenburg Gosselin Meyer Stakoe

Brown Green Miller Steil

Byrnes Hansen Moolenaar Stewart

Byrum Hildenbrand Moore Taub

Casperson Hood Mortimer Tobocman

Caswell Hoogendyk Murphy Vagnozzi

Caul Hopgood Nitz Vander Veen

Cheeks Huizenga Nofs Walker

Clack Hummel Palmer Ward

Clemente Hune Palsrok Waters

Condino Hunter Pastor Wenke

Cushingberry Jones Pavlov Whitmer

DeRoche Kahn Pearce Williams

Dillon Kolb Polidori Wojno

Donigan Kooiman Proos Zelenko

In The Chair: Elsenheimer

______

The Speaker Pro Tempore resumed the Chair.

Second Reading of Bills

House Bill No. 5624, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending section 1305 (MCL 500.1305), as amended by 1992 PA 182.

The bill was read a second time.

Rep. Adamini moved to amend the bill as follows:

1. Amend page 3, following line 8, by inserting:

"(6) THE PROVISIONS OF SUBSECTIONS (2) THROUGH (6) NO LONGER APPLY AFTER DECEMBER 31, 2008.".

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

Rep. Byrum moved to amend the bill as follows:

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

"(5) A DOMESTIC INSURER THAT RECOGNIZES AS AN ADMITTED ASSET ANY AMOUNT UNDER SUBSECTIONS (2) AND (3) SHALL ANNUALLY TEST THE VALUE OF THE ASSET FOR IMPAIRMENT. THE DOMESTIC INSURER SHALL FOLLOW THE ASSET ADEQUACY ANALYSIS AS REQUIRED UNDER SECTION 830A." and renumbering the remaining subsection.

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

Rep. Tobocman moved to amend the bill as follows:

1. Amend page 2, line 1, by striking out all of subsection (2) and inserting:

"(2) IF A DOMESTIC INSURER ACQUIRES THROUGH A BUSINESS ACQUISITION OR A REINSURANCE TRANSACTION A BOOK OF BUSINESS THAT INCLUDES LIFE INSURANCE OR OTHER BUSINESS WRITTEN BY A LIFE INSURANCE COMPANY, AND THE BOOK OF BUSINESS HAS A READILY DETERMINABLE MARKET VALUE REPRESENTED BY THE PRESENT VALUE OF THE FUTURE AFTER-TAX PROFITS THAT WILL BE EARNED ON THE BOOK OF BUSINESS IN FORCE AT THE DATE OF THE ACQUISITION, THE ADDITIONAL VALUE OF THE BOOK OF BUSINESS ACQUIRED ABOVE THE CURRENT AMOUNT THAT MAY BE ADMITTED BY THE DOMESTIC INSURER UNDER STATUTORY ACCOUNTING PRINCIPLES MAY BE RECOGNIZED WITH THE PRIOR APPROVAL OF THE COMMISSIONER AS AN ADMITTED ASSET IN THE ANNUAL STATEMENT FILED PURSUANT TO SECTION 438. THE COMMISSIONER SHALL MAKE A DETERMINATION REGARDING THE ADMISSIBILITY OF THIS ASSET WITHIN 60 DAYS AFTER RECEIVING A FILING WITH SUPPORTING DOCUMENTATION, IN A FORM SATISFACTORY TO THE COMMISSIONER, FROM THE DOMESTIC INSURER REQUESTING SUCH APPROVAL. IN MAKING THIS DETERMINATION, THE COMMISSIONER SHALL EXAMINE THE DOMESTIC INSURER'S TOTAL ADJUSTED CAPITAL AS REPORTED BY THE DOMESTIC INSURER IN ITS MOST RECENT ANNUAL STATEMENT FILED PURSUANT TO SECTION 438 AND RECALCULATED TO EXCLUDE THE CURRENT BOOK VALUE OF ANY ADMITTED ASSET PREVIOUSLY APPROVED BY THE COMMISSIONER UNDER SUBSECTION (3).".

2. Amend page 2, line 10, by striking out all of subsection (3) and inserting:

"(3) THE VALUE OF THE BOOK OF BUSINESS ACQUIRED AS DESCRIBED IN SUBSECTION (2) THAT A DOMESTIC INSURER MAY RECOGNIZE AS AN ADMITTED ASSET SHALL NOT EXCEED THE FOLLOWING:

(A) TWENTY PERCENT OF THAT CAPITAL AND SURPLUS THAT IS LESS THAN 600% OF AUTHORIZED CONTROL LEVEL RISK BASED CAPITAL, PLUS

(B) TWENTY-FIVE PERCENT OF THAT CAPITAL AND SURPLUS THAT IS EQUAL TO OR GREATER THAN 600%, BUT LESS THAN 750%, OF AUTHORIZED CONTROL LEVEL RISK BASED CAPITAL, PLUS

(C) FORTY-FIVE PERCENT OF THAT CAPITAL AND SURPLUS THAT IS EQUAL TO OR GREATER THAN 750%, BUT LESS THAN 900%, OF AUTHORIZED CONTROL LEVEL RISK BASED CAPITAL, PLUS

(D) FIFTY PERCENT OF THAT CAPITAL AND SURPLUS THAT IS EQUAL TO OR GREATER THAN 900% OF AUTHORIZED CONTROL LEVEL RISK BASED CAPITAL.".

3. Amend page 3, line 3, by striking out all of subsection (5) and inserting:

"(5) AS USED IN THIS SECTION, "CAPITAL AND SURPLUS" MEANS CAPITAL AND SURPLUS AS REPORTED BY THE DOMESTIC INSURER IN ITS MOST RECENT ANNUAL STATEMENT FILED PURSUANT TO SECTION 438 EXCLUDING THE CURRENT BOOK VALUE OF ANY ADMITTED ASSET PREVIOUSLY APPROVED BY THE COMMISSIONER UNDER SUBSECTION (3).".

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

______

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

The motion prevailed.

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

The motion prevailed.

Rep. Adamini moved to reconsider the vote by which the House did not adopt the amendment offered previously by Rep. Adamini.

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

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

Rep. Adamini demanded the yeas and nays.

The demand was supported.

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

Rep. Adamini withdrew the amendment.

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

The motion prevailed.

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

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

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 5624, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending section 1305 (MCL 500.1305), as amended by 1992 PA 182.

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

Roll Call No. 65 Yeas--94

Accavitti Drolet Kooiman Robertson

Acciavatti Elsenheimer LaJoy Rocca

Amos Emmons Law, David Sak

Anderson Espinoza Leland Schuitmaker

Angerer Farhat Lipsey Shaffer

Ball Farrah Marleau Sheen

Baxter Gaffney Mayes Sheltrown

Bennett Garfield McDowell Spade

Bieda Gillard Meyer Stahl

Booher Gleason Miller Stakoe

Brandenburg Gonzales Moolenaar Steil

Brown Gosselin Moore Stewart

Byrnes Green Mortimer Taub

Byrum Hansen Murphy Vagnozzi

Casperson Hildenbrand Nitz Vander Veen

Caswell Hoogendyk Nofs Walker

Caul Hopgood Palmer Ward

Clack Huizenga Palsrok Waters

Clemente Hummel Pastor Wenke

Condino Hune Pavlov Whitmer

Cushingberry Hunter Pearce Williams

DeRoche Jones Polidori Wojno

Dillon Kahn Proos Zelenko

Donigan Kolb

Nays--10

Adamini Law, Kathleen Meisner Smith, Virgil

Cheeks Lemmons, III Smith, Alma Tobocman

Hood McConico

In The Chair: Kooiman

The House agreed to the title of the bill.

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

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

Reps. Anderson, Kolb, Lipsey, Whitmer, Kooiman, Hunter, Pastor, Brandenburg, Bieda, Condino, DeRoche, Stakoe, Wenke, Byrum, Emmons, Sak, Nitz, Huizenga, Gillard, Ball, Baxter, Caul, Elsenheimer, Gonzales, Jones, David Law, Leland, Mayes, Mortimer, Pearce, Sheltrown and Murphy were named co-sponsors of the bill.

______

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:

Without the support of the State of Michigan's Commissioner of the Office of Financial and Insurance Services, we should not be changing the accounting rules within our insurance industry. OFIS is entrusted by the public to make certain that our insurance industry operates with fiscal responsibility so that consumers are protected. Since this bill was introduced less than two weeks ago, there has been little opportunity to insure the technical limits of the schedule of tranches and other issues are written in an optimal manner. With accounting scandals, like Enron, fresh in the history of American commerce, the Legislature should tread lightly when loosening accounting rules to benefit any particular business model. The accounting rule changes in HB 5624 have NOT been adopted by any other state, nor are they approved by the National Association of Insurance Commissioners (NAIC). I can only hope that consumers and investors are not hurt by the loosening of generally-accepted accounting standards in our lust for retaining and creating jobs."

Rep. Hood, 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:

Without support of the State of Michigan's Commissioner of the Office of Financial and Insurance Services, we should not be changing the accounting rules within our insurance industry. O.F.I.S. is entrusted by the public to make certain that our insurance industry operates with fiscal responsibility so that consumers are protected. Since this bill was introduced less than two weeks ago, there has been little opportunity to insure the technical limits of calculating assets and that other issues are written in an optimal manner. With accounting scandals, like Enron, fresh in the history of American commerce, the Legislature should tread lightly in entering into loosening accounting rules to benefit any particular business model. The accounting rule changes in HB 5624 have not been adopted by any other state, nor are they approved by the National Association of Insurance Commissioners (N.A.I.C)."

______

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

Second Reading of Bills

Senate Bill No. 850, entitled

Was read a second time, and the question being on the adoption of the proposed substitute (H-4) previously recommended by the Committee on Natural Resources, Great Lakes, Land Use, and Environment,

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

Rep. Palsrok moved to amend the bill as follows:

1. Amend page 12, line 6, after "CONSIDER" by striking out "SECTION 51" and inserting "SECTIONS 51 AND 52".

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

Rep. Palsrok moved to amend the bill as follows:

1. Amend page 24, line 25, by striking out all of subdivision (a) and relettering the remaining subdivisions.

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

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

The motion prevailed.

Rep. Stakoe 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. 850, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 30103,32701, 32702, 32707, and 32713 (MCL 324.30103, 324.32701, 324.32702, 324.32707, and 324.32713), sections 30103, 32702, and 32713 as added by 1995 PA 59 and sections 32701 and 32707 as amended by 2003 PA 148, and by adding sections 32704a, 32721, 32722, 32723, 32724, 32726, 32727, and 32728; 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. 66 Yeas--100

Accavitti Donigan LaJoy Proos

Acciavatti Elsenheimer Law, David Rocca

Adamini Emmons Law, Kathleen Sak

Amos Espinoza Leland Schuitmaker

Anderson Farhat Lemmons, III Shaffer

Angerer Farrah Lipsey Sheltrown

Ball Gaffney Marleau Smith, Alma

Baxter Gillard Mayes Smith, Virgil

Bennett Gleason McConico Spade

Bieda Gonzales McDowell Stahl

Booher Gosselin Meisner Stakoe

Brandenburg Green Meyer Steil

Brown Hansen Miller Stewart

Byrnes Hildenbrand Moolenaar Taub

Byrum Hood Moore Tobocman

Casperson Hoogendyk Mortimer Vagnozzi

Caswell Hopgood Murphy Vander Veen

Caul Huizenga Nitz Walker

Cheeks Hummel Nofs Ward

Clack Hune Palmer Waters

Clemente Hunter Palsrok Wenke

Condino Jones Pastor Whitmer

Cushingberry Kahn Pavlov Williams

DeRoche Kolb Pearce Wojno

Dillon Kooiman Polidori Zelenko

Nays--4

Drolet Garfield Robertson Sheen

In The Chair: Elsenheimer

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

Rep. Ward 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, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts," by amending sections 30103, 32701, 32702, 32703, 32707, 32713, and 32714 (MCL 324.30103, 324.32701, 324.32702, 324.32703, 324.32707, 324.32713, and 324.32714), sections 30103, 32702, 32703, and 32713 as added by 1995 PA 59 and sections 32701, 32707, and 32714 as amended by 2003 PA 148, and by adding sections 32703a, 32704a, 32721, 32722, 32723, 32724, 32726, 32727, and 32728; and to repeal acts and parts of acts.

The motion prevailed.

The House agreed to the title as amended.

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

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

______

Rep. Sheen, 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:

No Vote Explanation on Water Bills

This is not about clean water or protecting the Great Lakes. It is about regulating water withdrawal from residents and businesses. This is not a time to make any more regulations to make it any more difficult or expensive to do business, create jobs, or for families to live in Michigan. This legislation may be carefully crafted to protect current businesses and residents, but it opens the door to future regulation, higher costs of doing business, and further erosion of private property rights. I can not support more job killing regulations, increased costs, and further erosion of private property rights."

Rep. Robertson, 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:

While I continue to oppose the diversion of water from the Great Lakes basin and continue to believe that that power should remain in the hands of state governments, I am compelled to vote against SB 850. This legislation creates an entirely new area of government regulation and with it, potentially, vast new power to intervene in the lives of Michigan residents. That this intervention involves something as basic and essential to human life and activity as water usage concerns me greatly. Diversion of water from the Great Lakes is one thing, extending the governments reach into groundwater regulation is another. My no vote on SB 850 and another bill in this package, SB 852, is an expression of my philosophic opposition to the state's involvement in groundwater regulation. I appreciate the attempt to bring objectivity to state action in this area, however, my overriding concern for the private property rights of all Michigan residents-now and in the future-requires that I cast a 'NO' vote on SB 850."

Second Reading of Bills

Senate Bill No. 851, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 32803 (MCL 324.32803), as added by 2003 PA 148.

Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Natural Resources, Great Lakes, Land Use, and Environment,

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

Rep. Palsrok moved to amend the bill as follows:

1. Amend page 5, line 14, by striking out all of subdivision (a) and relettering the remaining subdivisions.

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

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

The motion prevailed.

Rep. Stakoe 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. 851, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 32803 (MCL 324.32803), as added by 2003 PA 148.

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

Roll Call No. 67 Yeas--103

Accavitti Drolet LaJoy Robertson

Acciavatti Elsenheimer Law, David Rocca

Adamini Emmons Law, Kathleen Sak

Amos Espinoza Leland Schuitmaker

Anderson Farhat Lemmons, III Shaffer

Angerer Farrah Lipsey Sheltrown

Ball Gaffney Marleau Smith, Alma

Baxter Garfield Mayes Smith, Virgil

Bennett Gillard McConico Spade

Bieda Gleason McDowell Stahl

Booher Gonzales Meisner Stakoe

Brandenburg Gosselin Meyer Steil

Brown Green Miller Stewart

Byrnes Hansen Moolenaar Taub

Byrum Hildenbrand Moore Tobocman

Casperson Hood Mortimer Vagnozzi

Caswell Hoogendyk Murphy Vander Veen

Caul Hopgood Nitz Walker

Cheeks Huizenga Nofs Ward

Clack Hummel Palmer Waters

Clemente Hune Palsrok Wenke

Condino Hunter Pastor Whitmer

Cushingberry Jones Pavlov Williams

DeRoche Kahn Pearce Wojno

Dillon Kolb Polidori Zelenko

Donigan Kooiman Proos

Nays--1

Sheen

In The Chair: Elsenheimer

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, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,"

The House agreed to the full title.

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

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

______

Rep. Sheen, 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:

No Vote Explanation on Water Bills

Second Reading of Bills

Senate Bill No. 852, entitled

Was read a second time, and the question being on the adoption of the proposed substitute (H-3) previously recommended by the Committee on Natural Resources, Great Lakes, Land Use, and Environment,

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

Rep. Palsrok moved to amend the bill as follows:

1. Amend page 6, line 21, by striking out all of subdivision (a) and relettering the remaining subdivisions.

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

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

The motion prevailed.

Rep. Stakoe 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. 852, entitled

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

Roll Call No. 68 Yeas--97

Accavitti Donigan Law, David Rocca

Acciavatti Elsenheimer Law, Kathleen Sak

Adamini Emmons Leland Schuitmaker

Amos Espinoza Lemmons, III Shaffer

Anderson Farhat Lipsey Sheltrown

Angerer Farrah Marleau Smith, Alma

Ball Gaffney Mayes Smith, Virgil

Baxter Gillard McConico Spade

Bennett Gleason McDowell Stahl

Bieda Gonzales Meisner Stakoe

Booher Green Meyer Steil

Brandenburg Hansen Miller Stewart

Brown Hildenbrand Moolenaar Taub

Byrnes Hood Moore Tobocman

Byrum Hopgood Mortimer Vagnozzi

Casperson Huizenga Murphy Vander Veen

Caswell Hummel Nitz Walker

Caul Hune Nofs Ward

Cheeks Hunter Palsrok Waters

Clack Jones Pastor Wenke

Clemente Kahn Pavlov Whitmer

Condino Kolb Pearce Williams

Cushingberry Kooiman Polidori Wojno

DeRoche LaJoy Proos Zelenko

Dillon

Nays--7

Drolet Gosselin Palmer Sheen

Garfield Hoogendyk Robertson

In The Chair: Elsenheimer

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

The House agreed to the full title.

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

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

______

Rep. Sheen, 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:

No Vote Explanation on Water Bills

Rep. Robertson, 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:

While I continue to oppose the diversion of water from the Great Lakes basin and continue to believe that that power should remain in the hands of state governments, I am compelled to vote against SB 850. This legislation creates an entirely new area of government regulation and with it, potentially, vast new power to intervene in the lives of Michigan residents. That this intervention involves something as basic and essential to human life and activity as water usage concerns me greatly. Diversion of water from the Great Lakes is one thing, extending the governments reach into groundwater regulation is another. My no vote on SB 850 and another bill in this package, SB 852, is an expression of my philosophic opposition to the state's involvement in groundwater regulation. I appreciate the attempt to bring objectivity to state action in this area, however, my overriding concern for the private property rights of all Michigan residents- now and in the future-requires that I cast a 'NO' vote on SB 850."

Second Reading of Bills

Senate Bill No. 854, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 32725.

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

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

Rep. Palsrok moved to amend the bill as follows:

1. Amend page 3, line 27, by striking out all of subdivision (a) and relettering the remaining subdivisions.

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

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

The motion prevailed.

Rep. Stakoe 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. 854, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 32725.

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

Roll Call No. 69 Yeas--103

Accavitti Drolet LaJoy Robertson

Acciavatti Elsenheimer Law, David Rocca

Adamini Emmons Law, Kathleen Sak

Amos Espinoza Leland Schuitmaker

Anderson Farhat Lemmons, III Shaffer

Angerer Farrah Lipsey Sheltrown

Ball Gaffney Marleau Smith, Alma

Baxter Garfield Mayes Smith, Virgil

Bennett Gillard McConico Spade

Bieda Gleason McDowell Stahl

Booher Gonzales Meisner Stakoe

Brandenburg Gosselin Meyer Steil

Brown Green Miller Stewart

Byrnes Hansen Moolenaar Taub

Byrum Hildenbrand Moore Tobocman

Casperson Hood Mortimer Vagnozzi

Caswell Hoogendyk Murphy Vander Veen

Caul Hopgood Nitz Walker

Cheeks Huizenga Nofs Ward

Clack Hummel Palmer Waters

Clemente Hune Palsrok Wenke

Condino Hunter Pastor Whitmer

Cushingberry Jones Pavlov Williams

DeRoche Kahn Pearce Wojno

Dillon Kolb Polidori Zelenko

Donigan Kooiman Proos

Nays--1

Sheen

In The Chair: Elsenheimer

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

The House agreed to the full title.

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

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

______

Rep. Sheen, 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:

No Vote Explanation on Water Bills

Second Reading of Bills

Senate Bill No. 857, entitled

A bill to amend 1976 PA 399, entitled "Safe drinking water act," by amending section 4 (MCL 325.1004), as amended by 1998 PA 56.

Was read a second time, and the question being on the adoption of the proposed substitute (H-3) previously recommended by the Committee on Natural Resources, Great Lakes, Land Use, and Environment,

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

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

The motion prevailed.

Rep. Stakoe 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. 857, entitled

A bill to amend 1976 PA 399, entitled "Safe drinking water act," by amending section 4 (MCL 325.1004), as amended by 1998 PA 56.

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

Roll Call No. 70 Yeas--101

Accavitti Elsenheimer Law, David Robertson

Acciavatti Emmons Law, Kathleen Rocca

Adamini Espinoza Leland Sak

Amos Farhat Lemmons, III Schuitmaker

Anderson Farrah Lipsey Shaffer

Angerer Gaffney Marleau Sheltrown

Ball Garfield Mayes Smith, Alma

Baxter Gillard McConico Smith, Virgil

Bennett Gleason McDowell Spade

Bieda Gonzales Meisner Stahl

Booher Green Meyer Stakoe

Brandenburg Hansen Miller Steil

Brown Hildenbrand Moolenaar Stewart

Byrnes Hood Moore Taub

Byrum Hoogendyk Mortimer Tobocman

Casperson Hopgood Murphy Vagnozzi

Caswell Huizenga Nitz Vander Veen

Caul Hummel Nofs Walker

Cheeks Hune Palmer Ward

Clack Hunter Palsrok Waters

Clemente Jones Pastor Wenke

Condino Kahn Pavlov Whitmer

Cushingberry Kolb Pearce Williams

DeRoche Kooiman Polidori Wojno

Dillon LaJoy Proos Zelenko

Donigan

Nays--3

Drolet Gosselin Sheen

In The Chair: Elsenheimer

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

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

A bill to amend 1976 PA 399, entitled "An act to protect the public health; to provide for supervision and control over public water supplies; to prescribe the powers and duties of the department of environmental quality; to provide for the submission of plans and specifications for waterworks systems and the issuance of construction permits therefor; to provide for capacity assessments and source water assessments of public water supplies; to provide for the classification of public water supplies and the examination, certification and regulation of persons operating those systems; to provide for continuous, adequate operation of privately owned, public water supplies; to authorize the promulgation of rules to carry out the intent of the act; to create the water supply fund; to provide for the administration of the water supply fund; and to provide penalties," by amending sections 4 and 17 (MCL 325.1004 and 325.1017), section 4 as amended by 1998 PA 56 and section 17 as amended by 1993 PA 165.

The motion prevailed.

The House agreed to the title as amended.

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

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

______

Rep. Sheen, 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:

No Vote Explanation on Water Bills

Second Reading of Bills

House Bill No. 5497, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending section 1204c (MCL 500.1204c), as amended by 2005 PA 247.

The bill was read a second time.

Rep. Hune moved to amend the bill as follows:

1. Amend page 9, line 14, after "INSURANCE" 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. Hune moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed.

______

Rep. Sak moved that Reps. Adamini and Gleason be excused temporarily from today's session.

The motion prevailed.

By unanimous consent the House returned to the order of

Third Reading of Bills

The House returned to the consideration of

House Bill No. 4893, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending section 16263 (MCL 333.16263), as amended by 2004 PA 97, and by adding section 16336 and part 179.

(The bill was considered earlier today, see today's Journal p. 198.)

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. 71 Yeas--71

Acciavatti Farrah Law, David Proos

Amos Gaffney Law, Kathleen Rocca

Anderson Gillard Leland Sak

Angerer Gonzales Lemmons, III Schuitmaker

Ball Green Lipsey Shaffer

Bennett Hansen Mayes Smith, Virgil

Bieda Hildenbrand McConico Stahl

Booher Hood McDowell Stakoe

Brown Hopgood Meisner Stewart

Byrnes Huizenga Meyer Walker

Caul Hummel Miller Ward

Cheeks Hune Moolenaar Waters

Clack Hunter Mortimer Wenke

Clemente Jones Murphy Whitmer

Condino Kahn Nitz Williams

Emmons Kolb Nofs Wojno

Espinoza Kooiman Palsrok Zelenko

Farhat LaJoy Pavlov

Nays--31

Accavitti Dillon Moore Smith, Alma

Baxter Donigan Palmer Spade

Brandenburg Drolet Pastor Steil

Byrum Elsenheimer Pearce Taub

Casperson Garfield Polidori Tobocman

Caswell Gosselin Robertson Vagnozzi

Cushingberry Hoogendyk Sheen Vander Veen

DeRoche Marleau Sheltrown

In The Chair: Elsenheimer

The House agreed to the title of the bill.

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

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

______

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

"Mr. Speaker and members of the House:

This bill is yet another example of a disturbing and persistent rush to regulate by state government.

Yesterday, the supposed market failure was unlicensed interior decorators. Of the many problems punishing Michigan's economy right now, how is it that we decided to dedicate our hours here to saving the citizens from clashing color schemes? How did Michigan get by without licensing this profession in the many decades that brought us to this one? Is there a trail of examples of people wounded and injured by failed fashion who need these protections?

I'm betting not, and more likely going to assume that the only people helped by this licensing are the interior decorators themselves who wish to be insulated from competition hardly the message to send when making the case that Michigan is open for business.

Likewise, today with this bill we create another unprecedented license for athletic trainers. The presumption behind this bill is that injuries will be sustained when schools and other athletic institutions employ unqualified people to perform these tasks. But where is the trail of wounded examples to make this case? We have gone for decades without these regulations and fees, yet somehow those who oversee athletic events in Michigan have managed the wisdom and responsibility to hire athletic trainers that are qualified and up to the task of the job that they are being paid to do.

No regulation passed by this chamber is going to get Michigan's unemployment rate out of the toilet. We're going to have to trust the people of Michigan to make the right decisions regarding the hiring of qualified people. Requiring them to follow new rules, regulations and fees is not likely to improve their judgment regarding these hiring decisions, but it will surely make those decisions more expensive."

By unanimous consent the House returned to the order of

Reports of Standing Committees

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Thursday, February 9, 2006

Present: Reps. Hummel, Pastor, Acciavatti, Kooiman, Stewart, Amos, Brandenburg, Caswell, Farhat, Moolenaar, Shaffer, Steil, Taub, Walker, Booher, Caul, Hansen, Kahn, Whitmer, Brown, Kolb, Sak, Cushingberry, Cheeks, Williams, Plakas, Alma Smith and Gonzales

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Thursday, February 9, 2006

Present: Reps. Hummel, Pastor, Acciavatti, Kooiman, Amos, Caswell, Farhat, Moolenaar, Shaffer, Steil, Taub, Walker, Booher, Caul, Hansen, Kahn, Whitmer, Brown, Kolb, Sak, Cushingberry, Cheeks, Williams, Alma Smith and Gonzales

Absent: Reps. Stewart, Brandenburg and Plakas

Excused: Reps. Stewart, Brandenburg and Plakas

Announcements by the Clerk

Following is a change to the schedule of the Standing Committee on Tort Reform for the 2005-2006 Legislative Session:

Tuesdays 9:30 a.m. 519 House Office Building

______

Rep. Williams moved that the House adjourn.

The motion prevailed, the time being 3:00 p.m.

Associate Speaker Pro Tempore Elsenheimer declared the House adjourned until Tuesday, February 14, at 1:00 p.m.

GARY L. RANDALL

Clerk of the House of Representatives