2003-HJ-06-03-046.htm

No. 46

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

92nd Legislature

REGULAR SESSION OF 2003

House Chamber, Lansing, Tuesday, June 3, 2003.

1:00 p.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 Garfield--present Meyer--present Sheen--present

Acciavatti--present Gieleghem--present Middaugh--present Sheltrown--present

Adamini--present Gillard--present Milosch--present Shulman--present

Amos--present Gleason--present Minore--present Smith--present

Anderson--present Hager--present Moolenaar--present Spade--present

Bieda--present Hardman--present Mortimer--present Stahl--present

Bisbee--present Hart--present Murphy--present Stakoe--present

Bradstreet--present Hood--present Newell--present Stallworth--excused

Brandenburg--present Hoogendyk--present Nitz--present Steil--present

Brown--present Hopgood--present Nofs--present Stewart--present

Byrum--present Howell--present O'Neil--present Tabor--present

Casperson--present Huizenga--present Paletko--present Taub--present

Caswell--present Hummel--present Palmer--present Tobocman--present

Caul--present Hune--present Palsrok--present Vagnozzi--present

Cheeks--present Hunter--present Pappageorge--present Van Regenmorter--present

Clack--present Jamnick--present Pastor--present Vander Veen--present

Condino--present Johnson, Rick--present Phillips--present Voorhees--present

Daniels--excused Johnson, Ruth--present Plakas--present Walker--present

Dennis--present Julian--present Pumford--present Ward--present

DeRoche--present Koetje--present Reeves--present Waters--present

DeRossett--present Kolb--present Richardville--present Wenke--present

Drolet--present Kooiman--present Rivet--present Whitmer--present

Ehardt--present LaJoy--present Robertson--present Williams--present

Elkins--present LaSata--present Rocca--present Wojno--present

Emmons--present Law--present Sak--present Woodward--present

Farhat--present Lipsey--present Shackleton--present Woronchak--present

Farrah--present McConico--present Shaffer--present Zelenko--present

Gaffney--present Meisner--present

e/d/s = entered during session

Rep. Charles LaSata, from the 79th District, offered the following invocation:

"May all beings everywhere plagued with suffering of body and mind quickly be freed from their illnesses. May those frightened cease to be afraid, and may those bound be free. May the powerless find power, and may people think of befriending one another. May those who find themselves in trackless, fearful wildernesses--the children, the aged, the unprotected--be guarded by beneficent celestials, and may they swiftly attain Buddhahood. Amen."

______

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

Rep. Waters moved that Reps. Daniels and Stallworth be excused from today's session.

The motion prevailed.

Second Reading of Bills

House Bill No. 4513, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 200h (MCL 750.200h), as amended by 2001 PA 135.

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

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

Rep. Nofs 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

House Bill No. 4513, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 200h (MCL 750.200h), as amended by 2001 PA 135.

The bill was read a third time.

The question being on the passage of the bill,

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

The motion prevailed.

Second Reading of Bills

House Bill No. 4514, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending sections 200i, 200l, 204, 207, 209, 210, 211a, and 212a (MCL 750.200i, 750.200l, 750.204, 750.207, 750.209, 750.210, 750.211a, and 750.212a), section 200i as added by 1998 PA 207, section 200l as added by 2001 PA 135, sections 204 and 211a as amended by 1998 PA 206, sections 207, 209, and 210 as amended by 1998 PA 208, and section 212a as amended by 2002 PA 140.

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

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

Rep. Van Regenmorter moved to amend the bill as follows:

1. Amend page 3, line 22, after "technology" by striking out the balance of the section and inserting "as permitted under section 224a.".

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

Rep. Van Regenmorter 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

House Bill No. 4514, 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. 183 Yeas--104

Accavitti Gieleghem Middaugh Sheen

Acciavatti Gillard Milosch Sheltrown

Adamini Gleason Minore Shulman

Anderson Hager Moolenaar Smith

Bieda Hardman Mortimer Spade

Bisbee Hart Murphy Stahl

Bradstreet Hood Newell Stakoe

Brandenburg Hoogendyk Nitz Steil

Brown Hopgood Nofs Stewart

Byrum Howell O'Neil Tabor

Casperson Huizenga Paletko Taub

Caswell Hummel Palmer Tobocman

Caul Hune Palsrok Vagnozzi

Cheeks Hunter Pappageorge Van Regenmorter

Clack Jamnick Pastor Vander Veen

Condino Johnson, Rick Phillips Voorhees

Dennis Johnson, Ruth Plakas Walker

DeRoche Koetje Pumford Ward

DeRossett Kolb Reeves Waters

Drolet Kooiman Richardville Wenke

Ehardt LaJoy Rivet Whitmer

Elkins LaSata Robertson Williams

Emmons Lipsey Rocca Wojno

Farhat McConico Sak Woodward

Gaffney Meisner Shackleton Woronchak

Garfield Meyer Shaffer Zelenko

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 1931 PA 328, entitled "The Michigan penal code," by amending sections 200i, 200k, 200l, 204, 207, 209, 210, 211a, and 212a (MCL 750.200i, 750.200k, 750.200l, 750.204, 750.207, 750.209, 750.210, 750.211a, and 750.212a), sections 200i and 200k as added by 1998 PA 207, section 200l as added by 2001 PA 135, sections 204 and 211a as amended by 1998 PA 206, sections 207, 209, and 210 as amended by 1998 PA 208, and section 212a as amended by 2002 PA 140, and by adding section 200m.

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.

By unanimous consent the House returned to the order of

Messages from the Senate

House Bill No. 4257, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 30301, 30305, 32501, and 32512 (MCL 324.30301, 324.30305, 324.32501, and 324.32512), sections 30301, 32501, and 32512 as added by 1995 PA 59 and section 30305 as amended by 1996 PA 550.

The Senate has substituted (S-7) the bill.

The Senate has passed the bill as substituted (S-7), ordered that it be given immediate effect and amended 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 30301, 30305, 30306, 30312, 32501, 32512, and 32513 (MCL 324.30301, 324.30305, 324.30306, 324.30312, 324.32501, 324.32512, and 324.32513), sections 30301, 30312, 32501, and 32512 as added by 1995 PA 59, section 30305 as amended by 1996 PA 550, section 30306 as amended by 1998 PA 228, and section 32513 as amended by 1999 PA 106, and by adding sections 32512a and 32516.

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

Rep. Richardville moved that Rule 45 be suspended.

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

The question being on concurring in the substitute (S-7) made to the bill by the Senate,

The substitute (S-7) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 184 Yeas--106

Accavitti Gieleghem Middaugh Sheen

Acciavatti Gillard Milosch Sheltrown

Adamini Gleason Minore Shulman

Amos Hager Moolenaar Smith

Anderson Hardman Mortimer Spade

Bieda Hart Murphy Stahl

Bisbee Hood Newell Stakoe

Brandenburg Hoogendyk Nitz Steil

Brown Hopgood Nofs Stewart

Byrum Howell O'Neil Tabor

Casperson Huizenga Paletko Taub

Caswell Hummel Palmer Tobocman

Caul Hune Palsrok Vagnozzi

Cheeks Hunter Pappageorge Van Regenmorter

Clack Jamnick Pastor Vander Veen

Condino Johnson, Rick Phillips Voorhees

Dennis Johnson, Ruth Plakas Walker

DeRoche Koetje Pumford Ward

DeRossett Kolb Reeves Waters

Drolet Kooiman Richardville Wenke

Ehardt LaJoy Rivet Whitmer

Elkins LaSata Robertson Williams

Emmons Law Rocca Wojno

Farhat Lipsey Sak Woodward

Farrah McConico Shackleton Woronchak

Gaffney Meisner Shaffer Zelenko

Garfield Meyer

Nays--1

Bradstreet

In The Chair: Vander Veen

The House agreed to the title as amended.

Reps. Stewart, Richardville, Bisbee, Hager, Vander Veen, Pastor, DeRoche, Amos, Hune, Gleason, Ward, Emmons, Steil, Nitz, Farhat, Gillard and Casperson were named co-sponsors of the bill.

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

______

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

The motion prevailed.

By unanimous consent the House returned to the order of

Motions and Resolutions

Reps. Law, Hopgood, Murphy, Meisner, Elkins, Gillard, Gleason, Bieda, Lipsey, Sheltrown, Rivet, Brown, Adamini, Meyer, Howell, Plakas, Julian, O'Neil, Woodward, Spade, Paletko, Cheeks, Wojno, Accavitti, Phillips, Stallworth, Dennis, Hood, Clack, Waters, Ruth Johnson, Tobocman, Rocca, LaSata, Richardville, Hunter, Jamnick, DeRossett, Whitmer, Zelenko, Hardman, Farrah, Anderson, Condino, Ehardt, Gieleghem, Kolb, Minore, Pappageorge and Sak offered the following resolution:

House Resolution No. 72.

A resolution to urge the Congress of the United States to recognize April 28 as Workers Memorial Day.

Whereas, Each April 28, since 1989, people throughout the world observe Workers Memorial Day as a day to remember those who have suffered and died on the job; and

Whereas, It is important to remember those who have died in workplace catastrophes, suffered diseases because of exposure to toxic substances or been injured because of dangerous conditions; and

Whereas, April 28 is the anniversary of the Occupational Safety and Health Administration and the day of similar remembrance in Canada. Every year on April 28, people in hundreds of communities and at worksites recognize workers who have been killed or injured on the job. Trade unionists around the world now mark April 28 as an International Day of Mourning; and

Whereas, Workers Memorial Day is observed in nearly one hundred countries. It has been officially endorsed by the International Confederation of Free Trade Unions, the International Labor Organization, and five countries--Canada, Portugal, Spain, Taiwan, and Thailand--formally recognize April 28 as Workers Memorial Day; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body urge the Congress of the United States to recognize April 28 as Workers Memorial Day.

The resolution was referred to the Committee on Employment Relations, Training and Safety.

Reps. Murphy, Accavitti, Adamini, Brown, Clack, Condino, Dennis, Ehardt, Farrah, Gieleghem, Gillard, Gleason, Hardman, Huizenga, Jamnick, Kolb, Lipsey, Meisner, Minore, Pappageorge, Phillips, Plakas, Sak, Sheltrown, Spade, Tobocman, Waters, Woodward and Zelenko offered the following resolution:

House Resolution No. 73.

A resolution to commemorate the 10^th Annual Juneteenth Celebration & Festival in honor of Juneteenth Day.

Whereas, We are proud to join with the community as it begins to commemorate Juneteenth Day with a celebration on Thursday, June 19, 2003, at the State Capitol Building in Lansing, Michigan. This year's theme for the three-day event is "BEYOND EMANCIPATION"; and

Whereas, The Juneteenth Celebration in Lansing was founded in 1993. It can trace its roots to the pioneering spirit of courageous men and women who first cleared the land and built the institutions and homes that make this nation a home for individuals and families seeking a secure and prosperous tomorrow; and

Whereas, Juneteenth had its beginning on June 19, 1865, with the aspirations of its founders. On that day, when Union General Gordon Granger landed at Galveston, Texas, to present and read General Order No. 3, the nation of "liberty for all" became a reality as the Emancipation Proclamation to end slavery went into effect across the entire United States; and

Whereas, By observing an anniversary like Juneteenth Day, we all learn a little more about our history. For the children of Michigan, there are even greater rewards, as they discover that they are part of the traditions of citizenship that will be with them their entire lives. With the wonderful gifts they share, the citizens of Michigan certainly have much reason for thanks and for optimism; and

Whereas, With ceremonies to celebrate history, the members and officers responsible for the 10^th Annual Juneteenth Celebration & Festival will remember the vision of many people and the hours and years of commitment that have brought the group to this point. Fittingly, as we look to the past, we will also be casting an eye to the future and to the many ways in which Juneteenth Day will continue to reach out in our state; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body commemorate the 10^th Annual Juneteenth Celebration & Festival in honor of Juneteenth Day. We express appreciation for its valuable role in the state of Michigan; and be it further

Resolved, That a copy of this resolution be transmitted to the Juneteenth Day Committee and Mask Memorial Christian Methodist Episcopal Church as evidence of our esteem.

Pending the reference of the resolution to a committee,

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

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

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. Emmons, Accavitti, Adamini, Anderson, Brandenburg, Brown, Caswell, Caul, Condino, DeRossett, Drolet, Ehardt, Farhat, Farrah, Gieleghem, Gillard, Gleason, Hager, Hardman, Huizenga, Hune, Jamnick, Koetje, Kolb, LaSata, Lipsey, Meisner, Meyer, Minore, Murphy, Newell, Nitz, Pappageorge, Pastor, Phillips, Richardville, Rivet, Sak, Shaffer, Sheltrown, Spade, Taub, Vander Veen, Voorhees, Waters, Wojno, Woodward and Zelenko offered the following resolution:

House Resolution No. 74.

A resolution commemorating June 3, 2003, as Dairy Foods Awareness Day.

Whereas, The mission of the Michigan Dairy Foods Association is to support and promote activities designed to improve and maintain the general well being of the dairy processing industry; and

Whereas, The Michigan Dairy Foods Association is a trade and membership service organization representing all aspects of the dairy processing industry in Michigan. The association's primary purposes are to assure that a strong environment exists for the creation and maintenance of sound public policy as it relates to all aspects of the dairy processing industry in Michigan, to enhance the position, prestige and competitive ability of the association's members, and to provide education programs to enhance members' abilities to process and market fine dairy products, packaged waters and juices in Michigan and throughout the world; and

Whereas, The Michigan Dairy Foods Association established Dairy Foods Awareness Day to demonstrate the importance of dairy processing industry in Michigan and to promote the 3-A-Day concept of 3 servings of calcium-rich dairy products which ensures a healthy diet. We salute the people of the Michigan Dairy Foods Association for their efforts to expand our awareness and knowledge of the dairy processing industry; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body commemorate June 3, 2003, as Dairy Foods Awareness Day in Michigan; and be it further

Resolved, That a copy of this resolution be transmitted to the organizers of Dairy Foods Awareness Day as evidence of our esteem.

Pending the reference of the resolution to a committee,

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

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

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. Hunter, Accavitti, Adamini, Anderson, Brown, Clack, Condino, Dennis, Ehardt, Farrah, Gieleghem, Gleason, Hager, Huizenga, Hune, Jamnick, Kolb, Lipsey, Meisner, Minore, Murphy, Pappageorge, Phillips, Rivet, Sak, Sheltrown, Smith, Taub, Tobocman, Waters, Woodward and Zelenko offered the following concurrent resolution:

House Concurrent Resolution No. 16.

A concurrent resolution to memorialize the Congress of the United States to allocate federal funds to ensure the continued operation of Detroit Receiving Hospital.

Whereas, Among the many health care facilities across our state and nation facing grave financial difficulties, Detroit's Receiving Hospital stands out in its significance through the number of patients it serves, the variety of unique roles it plays, and the depth of its funding problems. The hospital, which treats 85,000 emergency room patients each year, provides millions of dollars of uncompensated care each month. This fact, along with the same factors impacting many aspects of health care, has brought Detroit Receiving Hospital to the brink of closure; and

Whereas, A key component of the Detroit Medical Center, Detroit Receiving Hospital is the city's only Level 1 adult trauma center and is unique in its capacity to provide a state of the art response to bioterrorism and chemical attacks. This facility is a leading teaching hospital in many areas of health care. Detroit Receiving Hospital, with its day-to-day experience in trauma care, is precisely the type of large-scale institution that is at the heart of our national response to the threats of terrorism facing our country; and

Whereas, The Congress of the United States recently enacted a measure that provides significant funding for hospital services in Los Angeles. This action was an appropriate acknowledgement of the importance of urban facilities to our nation at a time when providing health care to struggling people is clearly far beyond the capacity of our traditional approaches; and

Whereas, The care provided by large urban trauma centers and the medical education they offer are critical to the health of not only our cities, but our entire country; now, therefore, be it

Resolved by the House of Representatives (the Senate concurring), That we memorialize the Congress of the United States to allocate federal funds to ensure the continued operation of Detroit Receiving Hospital; and be it further

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

The concurrent resolution was referred to the Committee on Appropriations.

Reports of Standing Committees

The Committee on Family and Children Services, by Rep. Hager, Chair, reported

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.

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 and laid over one day.

Favorable Roll Call

To Report Out:

Yeas: Reps. Hager, Stahl, Hart, Vander Veen, Voorhees, Sheen, Hardman, Clack and Elkins

Nays: None

The Committee on Family and Children Services, by Rep. Hager, Chair, reported

House Bill No. 4586, entitled

A bill to amend 1975 PA 238, entitled "Child protection law," by amending sections 5, 7, and 8 (MCL 722.625, 722.627, and 722.628), section 5 as amended by 1998 PA 428, section 7 as amended by 2002 PA 661, and section 8 as amended by 2002 PA 690.

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 and laid over one day.

Favorable Roll Call

To Report Out:

Yeas: Reps. Hager, Stahl, Hart, Vander Veen, Voorhees, Sheen, Hardman, Clack and Elkins

Nays: None

The Committee on Family and Children Services, by Rep. Hager, Chair, reported

Senate Bill No. 22, entitled

A bill to amend 1939 PA 280, entitled "The social welfare act," by amending section 106 (MCL 400.106), as amended by 1990 PA 145, and by adding section 106a.

The committee recommended that the bill be referred to the Committee on Health Policy.

Favorable Roll Call

To Report Out:

Yeas: Reps. Hager, Stahl, Hart, Vander Veen, Voorhees, Sheen, Hardman, Clack and Elkins

Nays: None

The recommendation was concurred in and the bill was referred to the Committee on Health Policy.

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Hager, Chair of the Committee on Family and Children Services, was received and read:

Meeting held on: Wednesday, May 28, 2003, at 4:37 p.m.

Present: Reps. Hager, Stahl, Hart, Vander Veen, Voorhees, Sheen, Hardman, Clack and Elkins

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, June 3, 2003, at 9:00 a.m.

Present: Reps. Ward, Robertson, DeRossett, Hager, Drolet, Stakoe, Jamnick, Hardman, Tobocman and Accavitti

Absent: Rep. Wenke

Excused: Rep. Wenke

Announcement by the Clerk of Printing and Enrollment

The Clerk announced that the following bills had been printed and placed upon the files of the members on Wednesday, May 28:

Senate Bill Nos. 519 520

The Clerk announced that the following bills had been printed and placed upon the files of the members on Thursday, May 29:

House Bill Nos. 4765 4766 4767 4768 4769 4770 4771 4772 4773 4774 4775 4776 4777 4778 4779 4780 4781 4782 4783 4784 4785 4786 4787 4788 4789 4790

The Clerk announced the enrollment printing and presentation to the Governor on Friday, May 30, for her approval of the following bills:

Enrolled House Bill No. 4038 at 11:00 a.m.

Enrolled House Bill No. 4285 at 11:02 a.m.

The Clerk announced that the following Senate bills had been received on Tuesday, June 3:

Senate Bill Nos. 206 433 434 435 436 437 438 439 440 441 442 443 444 445 446 447 448 449 450 451 509

By unanimous consent the House returned to the order of

Messages from the Senate

Senate Bill No. 206, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 16131 and 16263 (MCL 333.16131 and 333.16263), as amended by 2001 PA 139, and by adding section 16323a and part 168.