2005-HJ-02-23-013.htm

No. 13

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

93rd Legislature

REGULAR SESSION OF 2005

House Chamber, Lansing, Wednesday, February 23, 2005.

1:00 p.m.

The House was called to order by Associate Speaker Pro Tempore Caswell.

The roll was called by the Clerk of the House of Representatives, who announced that a quorum was present.

Accavitti--present Emmons--present Leland--present Robertson--present

Acciavatti--excused Espinoza--present Lemmons, III--present Rocca--present

Adamini--present Farhat--present Lemmons, Jr.--present Sak--present

Amos--present Farrah--present Lipsey--present Schuitmaker--present

Anderson--present Gaffney--present Marleau--present Shaffer--present

Angerer--present Garfield--present Mayes--present Sheen--present

Ball--present Gillard--present McConico--present Sheltrown--present

Baxter--present Gleason--present McDowell--present Smith, Alma--present

Bennett--present Gonzales--present Meisner--present Smith, Virgil--present

Bieda--present Gosselin--present Meyer--present Spade--present

Booher--present Green--present Miller--present Stahl--present

Brandenburg--excused Hansen--present Moolenaar--present Stakoe--present

Brown--present Hildenbrand--present Moore--present Steil--present

Byrnes--present Hood--excused Mortimer--present Stewart--present

Byrum--present Hoogendyk--present Murphy--present Taub--present

Casperson--present Hopgood--present Newell--present Tobocman--present

Caswell--present Huizenga--present Nitz--present Vagnozzi--present

Caul--present Hummel--present Nofs--present Van Regenmorter--present

Cheeks--present Hune--present Palmer--present Vander Veen--present

Clack--present Hunter--present Palsrok--present Walker--present

Clemente--present Jones--present Pastor--present Ward--present

Condino--present Kahn--present Pavlov--present Waters--present

Cushingberry--present Kehrl--present Pearce--present Wenke--present

DeRoche--present Kolb--present Phillips--excused Whitmer--present

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

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

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

Elsenheimer--present Law, Kathleen--present

e/d/s = entered during session

Rep. Tom Pearce, from the 73rd District, offered the following invocation:

"It's our confession Lord, that we are weak, but You are strong. Today it is my prayer that as we seek to do Your will for the state of Michigan that we will truly seek Your strength, Your direction, Your guidance, to bring us on a path that fits Your goals, not ours. We ask this in Your name. Amen."

______

Rep. Palmer moved that Reps. Acciavatti and Brandenburg be excused from today's session.

The motion prevailed.

Rep. Sak moved that Reps. Dillon, Hood and Phillips be excused from today's session.

The motion prevailed.

The Speaker assumed the Chair.

Messages from the Senate

Senate Concurrent Resolution No. 7.

A concurrent resolution offered as a memorial for John T. Bowman, former member of the Senate and the House of Representatives.

Whereas, The members of the Michigan Legislature were saddened to learn of the passing of John T. Bowman, who served the people of this state as a lawmaker for 22 years. His long and distinguished record working on behalf of his Macomb County community was marked by his leadership and hard work during an era of great change for our state. We extend our sincere condolences to his family; and

Whereas, Like so many men of his generation, John Bowman learned the value of public service and patriotism at an early age. He served our country in the Navy during World War II. A former Justice of the Peace who studied at Wayne State University, John Bowman worked in public relations prior to embarking upon elective office. In 1954, he was elected to the first of his four consecutive terms in the Michigan House of Representatives, and in 1963, he brought his talents and experiences to the Michigan Senate, where he served until 1977; and

Whereas, John Bowman's career as a lawmaker coincided with the modernization of our state government and the institution of the Legislature in many ways. He served during the period that saw the people of Michigan adopt and the Legislature implement the 1963 Constitution. Mr. Bowman's influence was widely acknowledged at the Capitol, and his work, especially as the chair of the Senate Taxation Committee, contributed to a great deal of significant public policy decisions. His leadership also included his tenure as the President Pro Tempore of the Senate; now, therefore, be it

Resolved by the Senate (the House of Representatives concurring), That we offer this expression of our highest tribute to honor the memory of John T. Bowman, who served this state as a lawmaker for 22 years; and be it further

Resolved, That copies of this resolution be transmitted to the Bowman family as evidence of our sympathies.

The Senate has adopted the concurrent resolution.

The question being on the adoption of the concurrent resolution,

The concurrent resolution was adopted by unanimous standing vote.

The Speaker and the entire membership of the House of Representatives were named co-sponsors of the concurrent resolution.

______

The Speaker called the Speaker Pro Tempore to the Chair.

Second Reading of Bills

House Bill No. 4227, entitled

A bill to amend 1966 PA 261, entitled "An act to provide for the apportionment of county boards of commissioners; to prescribe the size of the board; to provide for appeals; to prescribe the manner of election of the members of the county board of commissioners; to provide for compensation of members; to prescribe penalties and provide remedies; and to repeal acts and parts of acts," by amending section 15 (MCL 46.415), as amended by 1980 PA 187.

The bill was read a second time.

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

The motion prevailed.

House Bill No. 4012, entitled

A bill to amend 1986 PA 281, entitled "The local development financing act," by amending sections 4 and 16 (MCL 125.2154 and 125.2166), section 4 as amended by 2000 PA 248.

The bill was read a second time.

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

The motion prevailed.

House Bill No. 4013, entitled

A bill to amend 1980 PA 450, entitled "The tax increment finance authority act," by amending sections 3 and 17 (MCL 125.1803 and 125.1817), section 3 as amended by 1983 PA 148.

The bill was read a second time.

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

The motion prevailed.

House Bill No. 4318, 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 sections 3 and 18 (MCL 125.1653 and 125.1668), section 3 as amended by 2004 PA 521.

The bill was read a second time.

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

The motion prevailed.

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 4200, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending section 12753 (MCL 333.12753).

The bill was read a third time.

The question being on the passage of the bill,

Reps. Tobocman and Gosselin moved to amend the bill as follows:

1. Amend page 3, line 3, after "WELFARE." by striking out the balance of the subsection.

The motion was seconded and the amendment 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. 14 Yeas--75

Amos Gonzales Marleau Rocca

Ball Gosselin Mayes Sak

Baxter Green McConico Schuitmaker

Booher Hansen McDowell Shaffer

Casperson Hildenbrand Meyer Sheen

Caswell Hoogendyk Moolenaar Stahl

Caul Huizenga Moore Stakoe

Cheeks Hummel Mortimer Steil

Cushingberry Hune Newell Stewart

DeRoche Hunter Nitz Taub

Drolet Jones Nofs Tobocman

Elsenheimer Kahn Palmer Vagnozzi

Emmons Kehrl Palsrok Van Regenmorter

Espinoza Kooiman Pastor Vander Veen

Farhat LaJoy Pavlov Walker

Farrah Law, David Pearce Ward

Gaffney Leland Polidori Wenke

Garfield Lemmons, III Proos Zelenko

Gleason Lemmons, Jr. Robertson

Nays--30

Accavitti Byrum Law, Kathleen Smith, Alma

Adamini Clack Lipsey Smith, Virgil

Anderson Clemente Meisner Spade

Angerer Condino Miller Waters

Bennett Donigan Murphy Whitmer

Bieda Gillard Plakas Williams

Brown Hopgood Sheltrown Wojno

Byrnes Kolb

In The Chair: Kooiman

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. 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 House Bill 4200 because it fails to provide adequate protections for human health and the environment. I also have concerns because the bill essentially creates a specific narrow exemption to a select community. Because of these concerns, I voted 'no' on House Bill 4200. Thank you."

Rep. Anderson, 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 House Bill 4200 because it fails to provide adequate protections for human health and the environment. The bill provides mere lip-service to protecting groundwater which is a source of drinking water for 50 percent of Michigan's citizens and provides an exception for some while other areas have already taken the necessary steps to comply with connection requirements. It is unlikely that this legislation will withstand a review as the Southeast Michigan area is already under a federal judge's order to eliminate septic systems. There are no specific provisions indicating which agencies would implement it and what enforcement tools and resources would be available."

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

"Mr. Speaker and members of the House:

I voted no on House bill 4200 because it fails to provide adequate protections for human health and the environment. The bill provides mere lip-service to protecting groundwater which is a source of drinking water for 50 percent of Michigan's citizens. There are no specific provisions indicating which agencies would implement it and what enforcement tools and resources would be available."

Rep. Lipsey, 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 House Bill 4200 because it fails to provide adequate protections for human health and the environment. The Bill merely provides lip-service to protecting groundwater which is a source of drinking water for 50 percent of Michigan's citizens. There are no specific provisions indicating which agencies would implement this new system and what enforcement tolls and resources would be available."

______

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

The motion prevailed.

House Bill No. 4054, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 1312 (MCL 600.1312), as amended by 2004 PA 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. 15 Yeas--104

Accavitti Espinoza Leland Rocca

Adamini Farhat Lemmons, III Sak

Amos Farrah Lemmons, Jr. Schuitmaker

Anderson Gaffney Lipsey Shaffer

Angerer Garfield Marleau Sheen

Ball Gillard Mayes Sheltrown

Baxter Gleason McConico Smith, Alma

Bennett Gonzales Meisner Smith, Virgil

Bieda Gosselin Meyer Spade

Booher Green Miller Stahl

Brown Hansen Moolenaar Stakoe

Byrnes Hildenbrand Moore Steil

Byrum Hoogendyk Mortimer Stewart

Casperson Hopgood Murphy Taub

Caswell Huizenga Newell Tobocman

Caul Hummel Nitz Vagnozzi

Cheeks Hune Nofs Van Regenmorter

Clack Hunter Palmer Vander Veen

Clemente Jones Palsrok Walker

Condino Kahn Pastor Ward

Cushingberry Kehrl Pavlov Waters

DeRoche Kolb Pearce Wenke

Donigan Kooiman Plakas Whitmer

Drolet LaJoy Polidori Williams

Elsenheimer Law, David Proos Wojno

Emmons Law, Kathleen Robertson Zelenko

Nays--0

In The Chair: Kooiman

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. McDowell, 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. 15. Had I been present, I would have voted 'yea'."

House Bill No. 4225, entitled

A bill to amend 1977 PA 89, entitled "State aid to public libraries act," by amending section 6 (MCL 397.556), as amended by 2001 PA 65.

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

Roll Call No. 16 Yeas--105

Accavitti Farhat Lemmons, III Rocca

Adamini Farrah Lemmons, Jr. Sak

Amos Gaffney Lipsey Schuitmaker

Anderson Garfield Marleau Shaffer

Angerer Gillard Mayes Sheen

Ball Gleason McConico Sheltrown

Baxter Gonzales McDowell Smith, Alma

Bennett Gosselin Meisner Smith, Virgil

Bieda Green Meyer Spade

Booher Hansen Miller Stahl

Brown Hildenbrand Moolenaar Stakoe

Byrnes Hoogendyk Moore Steil

Byrum Hopgood Mortimer Stewart

Casperson Huizenga Murphy Taub

Caswell Hummel Newell Tobocman

Caul Hune Nitz Vagnozzi

Cheeks Hunter Nofs Van Regenmorter

Clack Jones Palmer Vander Veen

Clemente Kahn Palsrok Walker

Condino Kehrl Pastor Ward

Cushingberry Kolb Pavlov Waters

DeRoche Kooiman Pearce Wenke

Donigan LaJoy Plakas Whitmer

Drolet Law, David Polidori Williams

Elsenheimer Law, Kathleen Proos Wojno

Emmons Leland Robertson Zelenko

Espinoza

Nays--0

In The Chair: Kooiman

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 Tax Policy, by Rep. Sheen, Chair, reported

House Bill No. 4342, entitled

A bill to amend 1975 PA 228, entitled "Single business tax act," by amending section 4 (MCL 208.4), as amended by 2003 PA 240; and to repeal acts and parts of acts.

Without amendment and with the recommendation that the bill pass.

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Sheen, Meyer, Gosselin, Newell, Drolet, Palmer, Hoogendyk, Stakoe, Jones and Marleau

Nays: Reps. Condino, Miller, Meisner and Bennett

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, February 23, 2005

Present: Reps. Sheen, Meyer, Gosselin, Newell, Drolet, Palmer, Hoogendyk, Stakoe, Jones, Marleau, Condino, Bieda, Farrah, Miller, Meisner and Bennett

Absent: Rep. Zelenko

Excused: Rep. Zelenko

The Committee on Education, by Rep. Palmer, Chair, reported

House Bill No. 4143, entitled

A bill to amend 1996 PA 160, entitled "Postsecondary enrollment options act," by amending section 3 (MCL 388.513), as amended by 2004 PA 594.

With the recommendation that the bill be referred to the Committee on Higher Education and Career Preparation.

Favorable Roll Call

To Report Out:

Yeas: Reps. Palmer, Mortimer, Gosselin, Hoogendyk, Vander Veen, Ball, Elsenheimer, Hildenbrand, Pearce, Proos, Hopgood, Miller, Angerer, Lemmons, III, Virgil Smith, Kehrl and Clack

Nays: None

The recommendation was concurred in and the bill was referred to the Committee on Higher Education and Career Preparation.

The Committee on Education, by Rep. Palmer, Chair, reported

House Bill No. 4144, entitled

A bill to amend 2000 PA 258, entitled "Career and technical preparation act," by amending section 3 (MCL 388.1903), as amended by 2004 PA 592.

With the recommendation that the bill be referred to the Committee on Higher Education and Career Preparation.

Favorable Roll Call

To Report Out:

Yeas: Reps. Palmer, Mortimer, Gosselin, Hoogendyk, Vander Veen, Ball, Elsenheimer, Hildenbrand, Pearce, Proos, Hopgood, Miller, Angerer, Lemmons, III, Virgil Smith, Kehrl and Clack

Nays: None

The recommendation was concurred in and the bill was referred to the Committee on Higher Education and Career Preparation.

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, February 23, 2005

Present: Reps. Palmer, Mortimer, Gosselin, Meyer, Hoogendyk, Vander Veen, Wenke, Ball, Elsenheimer, Hildenbrand, Pearce, Proos, Hopgood, Miller, Angerer, Lemmons, III, Virgil Smith, Kehrl and Clack

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, February 22, 2005

Present: Reps. Nitz, Ball, Newell, Stahl, Proos, Hune, Mayes, Spade, Kathleen Law and Sheltrown

Absent: Rep. Casperson

Excused: Rep. Casperson

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Nofs, Chair, of the Committee on Energy and Technology, was received and read:

Meeting held on: Wednesday, February 23, 2005

Present: Reps. Nofs, Proos, Emmons, Garfield, Huizenga, LaJoy, Palsrok, Stahl, Baxter, Schuitmaker, Accavitti, Murphy, Mayes, Hunter, Hopgood and Clemente

Absent: Reps. Drolet, Moore and Dillon

Excused: Reps. Drolet, Moore and Dillon

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Robertson, Chair, of the Committee on Banking and Financial Services, was received and read:

Meeting held on: Wednesday, February 23, 2005

Present: Reps. Robertson, Green, Huizenga, Hune, Palsrok, Hunter, Clemente and Mayes

Absent: Rep. Dillon

Excused: Rep. Dillon

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 Tuesday, February 22:

House Bill No. 4374

Senate Bill No. 233

The Clerk announced that the following bills had been printed and placed upon the files of the members on Wednesday, February 23:

House Bill Nos. 4355 4356 4357 4358 4359 4360 4361 4362 4363 4364 4365 4366 4367 4368 4369 4370 4371 4372 4373

Senate Bill Nos. 229 230 231 232

The Clerk announced that the following Senate bills had been received on Wednesday, February 23:

Senate Bill Nos. 171 172 173 174 194

By unanimous consent the House returned to the order of

Messages from the Senate

Senate Bill No. 171, entitled

A bill to amend 1936 (Ex Sess) PA 1, entitled "Michigan employment security act," (MCL 421.1 to 421.75) by adding section 22b.

The Senate has passed the bill.

The bill was read a first time by its title and referred to the Committee on Employment Relations, Training, and Safety.

Senate Bill No. 172, entitled

A bill to amend 1936 (Ex Sess) PA 1, entitled "Michigan employment security act," by amending section 26 (MCL 421.26), as amended by 1984 PA 172.

The Senate has passed the bill.

The bill was read a first time by its title and referred to the Committee on Employment Relations, Training, and Safety.

Senate Bill No. 173, entitled

A bill to amend 1936 (Ex Sess) PA 1, entitled "Michigan employment security act," by amending section 22 (MCL 421.22).

The Senate has passed the bill.

The bill was read a first time by its title and referred to the Committee on Employment Relations, Training, and Safety.

Senate Bill No. 174, entitled

A bill to amend 1936 (Ex Sess) PA 1, entitled "Michigan employment security act," by amending section 41 (MCL 421.41).

The Senate has passed the bill.

The bill was read a first time by its title and referred to the Committee on Employment Relations, Training, and Safety.

Senate Bill No. 194, entitled

A bill to amend 2004 PA 402, entitled "Armed forces commemoration act," by amending section 2 (MCL 435.342).

The Senate has passed the bill.

The bill was read a first time by its title and referred to the Committee on Veterans Affairs and Homeland Security

Communications from State Officers

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

February 23, 2005

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

Performance audit of the

Use of Transportation-Related Funding

February 2005

Sincerely,

Thomas H. McTavish, C.P.A.

Auditor General

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

Introduction of Bills

Reps. Ward, Accavitti, Anderson, Sak, Ball, Sheltrown, Moore, Bieda, Espinoza, Green, Rocca, Stahl, Gleason, Kathleen Law, Hopgood, Condino and Leland introduced

House Bill No. 4375, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," (MCL 380.1 to 380.1852) by adding section 1171.

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

Rep. Whitmer introduced

House Bill No. 4376, entitled

A bill to make appropriations for the department of agriculture for the fiscal year ending September 30, 2006; to provide for the expenditure of the appropriations; to create funds; to provide for the imposition of fees; to require reports, audits, and plans; to authorize certain transfers by certain state agencies; and to provide for the disposition of fees and other income received by certain state agencies.