No. 40
STATE OF MICHIGAN
JOURNAL
OF THE
House of Representatives
93rd Legislature
REGULAR SESSION OF 2005
House Chamber, Lansing, Wednesday, May 11, 2005.
1:00 p.m.
The House was called to order by Associate Speaker Pro Tempore Elsenheimer.
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--present 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--present Hansen--present Moolenaar--present Stakoe--present
Brown--present Hildenbrand--present Moore--present Steil--present
Byrnes--present Hood--present Mortimer--present Stewart--present
Byrum--present Hoogendyk--present Murphy--present Taub--present
Casperson--present Hopgood--present Newell--present Tobocman--present
Caswell--present Huizenga--excused Nitz--present Vagnozzi--present
Caul--present Hummel--present Nofs--present Van Regenmorter--present
Cheeks--present Hune--present Palmer--present Vander Veen--excused
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--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--excused
Elsenheimer--present Law, Kathleen--present
e/d/s = entered during session
Rep. Dave Hildenbrand, from the 86th District, offered the following invocation:
"Dear Father in Heaven:
We pause before You today with humble hearts. Please guide our work in this historic Chamber.
Where there are differences, we ask for compromise.
Where there is frustration, we ask for understanding.
And where there is tension, we ask for peace.
May our work here be in the true spirit of Your will.
I also ask You to bless the men and women serving in our armed forces who risk their lives everyday so we may enjoy so many freedoms of Life, Liberty, and the Pursuit of Happiness.
And finally Lord, we thank You for the countless blessings in our everyday lives. Continue to watch over us and guide us.
In Your name we pray. AMEN."
______
Rep. Palmer moved that Reps. Huizenga and Vander Veen be excused from today's session.
The motion prevailed.
Rep. Waters moved that Rep. Zelenko be excused from today's session.
The motion prevailed.
Reports of Standing Committees
The Speaker laid before the House
House Resolution No. 30.
A resolution to memorialize Congress to enact legislation allowing the Department of Commerce (DOC) to help shield children by establishing and requiring the .xxx domain name for adult-only web sites.
(For text of resolution, see House Journal No. 17, p. 247.)
(The resolution was reported by the Committee on Commerce on May 10, consideration of which, under the rules, was postponed until today.)
The question being on the adoption of the resolution,
The resolution was adopted.
The Speaker laid before the House
House Concurrent Resolution No. 10.
A concurrent resolution to memorialize Congress to enact legislation allowing the Department of Commerce (DOC) to help shield children by establishing and requiring the .xxx domain name for adult-only web sites.
(For text of concurrent resolution, see House Journal No. 28, p. 407.)
(The concurrent resolution was reported by the Committee on Commerce on May 10, consideration of which, under the rules, was postponed until today.)
The question being on the adoption of the concurrent resolution,
The concurrent resolution was adopted.
Second Reading of Bills
House Bill No. 4638, entitled
A bill to amend 1980 PA 523, entitled "Michigan code of military justice of 1980," by amending sections 2, 3, 4, 7, 8, 9, 13, 14, 15, 16, 25, 26, 27, 29, 80, 84, 85, 92, 94, 99, 103, 105, 107, 108, 112, 113, 132, and 134 (MCL 32.1002, 32.1003, 32.1004, 32.1007, 32.1008, 32.1009, 32.1013, 32.1014, 32.1015, 32.1016, 32.1025, 32.1026, 32.1027, 32.1029, 32.1080, 32.1084, 32.1085, 32.1092, 32.1094, 32.1099, 32.1103, 32.1105, 32.1107, 32.1108, 32.1112, 32.1113, 32.1132, and 32.1134), section 16 as amended by 1990 PA 300, and by adding sections 50a, 88, 109, and 121.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Veterans Affairs and Homeland Security,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Garfield moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 4446, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending section 17015 (MCL 333.17015), as amended by 2002 PA 685.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Health Policy,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Robertson moved to amend the bill as follows:
1. Amend page 4, line 23, by striking out all of subdivision (F).
2. Amend page 6, line 16, after "(8)" by inserting "BEFORE OBTAINING THE PATIENT'S SIGNATURE ON THE ACKNOWLEDGMENT AND CONSENT FORM AS REQUIRED UNDER THIS SUBSECTION, A PHYSICIAN OR A QUALIFIED PERSON ASSISTING THE PHYSICIAN SHALL PERFORM AN ULTRASOUND ON THE PATIENT, PROVIDE THE PATIENT WITH AN OPPORTUNITY TO VIEW THE ACTIVE ULTRASOUND IMAGE OF THE FETUS, AND OFFER TO PROVIDE THE PATIENT WITH A PHYSICAL PICTURE OF THE ULTRASOUND IMAGE OF THE FETUS.".
The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.
Rep. Kahn moved to amend the bill as follows:
1. Amend page 12, following line 9, by inserting:
"(H) INCLUDE ON THE INFORMED CONSENT WEBSITE DEVELOPED UNDER SUBDIVISION (G) A LIST OF HEALTH CARE PROVIDERS, FACILITIES, AND CLINICS THAT OFFER TO PERFORM ULTRASOUNDS FREE OF CHARGE. THE LIST SHALL BE ORGANIZED GEOGRAPHICALLY AND SHALL INCLUDE THE NAME, ADDRESS, AND TELEPHONE NUMBER OF EACH HEALTH CARE PROVIDER, FACILITY, AND CLINIC.".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Adamini moved to amend the bill as follows:
1. Amend page 6, line 16, after "(8)" by inserting "BEFORE OBTAINING THE PATIENT'S SIGNATURE ON THE ACKNOWLEDGEMENT AND CONSENT FORM AS REQUIRED UNDER THIS SUBSECTION, A PHYSICIAN OR A QUALIFIED PERSON ASSISTING THE PHYSICIAN SHALL PROVIDE THE PATIENT WITH AN OPPORTUNITY TO VIEW THE ACTIVE ULTRASOUND IMAGE OF THE FETUS AND OFFER TO PROVIDE THE PATIENT WITH A PHYSICAL PICTURE OF THE ULTRASOUND IMAGE OF THE FETUS IF AN ULTRASOUND IS PERFORMED.".
The question being on the adoption of the amendment offered by Rep. Adamini,
Rep. Adamini demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendment offered by Rep. Adamini,
The amendment was not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 117 Yeas--36
Accavitti Condino Law, Kathleen Phillips
Adamini Cushingberry Leland Smith, Alma
Anderson Donigan Lemmons, III Smith, Virgil
Bennett Farrah Lemmons, Jr. Stewart
Bieda Gillard Lipsey Tobocman
Byrnes Gonzales McConico Vagnozzi
Byrum Hopgood Meisner Waters
Cheeks Hunter Miller Whitmer
Clack Kolb Murphy Williams
Nays--69
Acciavatti Gaffney Mayes Robertson
Angerer Garfield McDowell Rocca
Ball Gleason Meyer Sak
Baxter Gosselin Moolenaar Schuitmaker
Booher Green Moore Shaffer
Brandenburg Hansen Mortimer Sheen
Brown Hildenbrand Newell Sheltrown
Casperson Hoogendyk Nitz Spade
Caswell Hummel Nofs Stahl
Caul Hune Palmer Stakoe
Clemente Jones Palsrok Steil
DeRoche Kahn Pastor Taub
Dillon Kehrl Pavlov Van Regenmorter
Drolet Kooiman Pearce Walker
Elsenheimer LaJoy Plakas Ward
Emmons Law, David Polidori Wenke
Espinoza Marleau Proos Wojno
Farhat
In The Chair: Elsenheimer
Rep. Murphy moved to amend the bill as follows:
1. Amend page 4, following line 22, by inserting:
"(F) PROVIDE THE PATIENT WITH INFORMATION ON FAMILY PLANNING, INCLUDING, BUT NOT LIMITED TO, ALL METHODS OF CONTRACEPTIVES APPROVED BY THE UNITED STATES FOOD AND DRUG ADMINISTRATION, ABSTINENCE AND NATURAL FAMILY PLANNING METHODS." and relettering the remaining subdivision.
2. Amend page 5, line 9, after "through" by striking out "(e)" and inserting "(F)".
3. Amend page 5, line 13, after "through" by striking out "(e)" and inserting "(F)".
4. Amend page 11, line 18, after "9161," by inserting "THE FAMILY PLANNING SERVICES INFORMATION DESCRIBED IN SUBDIVISION (H),".
5. Amend page 12, line 3, after "through" by striking out "(e)" and inserting "(F)".
6. Amend page 12, following line 9, by inserting:
"(H) DEVELOP, DRAFT, AND PRINT, IN NONTECHNICAL ENGLISH, ARABIC, AND SPANISH, WRITTEN INFORMATION ON THE VARIOUS FAMILY PLANNING SERVICES, INCLUDING, BUT NOT LIMITED TO, THE VARIOUS CONTRACEPTIVES APPROVED BY THE UNITED STATES FOOD AND DRUG ADMINISTRATION, METHODS OF NATURAL FAMILY PLANNING, AND A LIST OF FAMILY PLANNING PROVIDERS IN THIS STATE THAT RECEIVE FEDERAL OR STATE FUNDS TO PROVIDE FAMILY PLANNING SERVICES.".
The question being on the adoption of the amendments offered by Rep. Murphy,
Rep. Murphy demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the amendments offered by Rep. Murphy,
The amendments were not adopted, a majority of the members serving not voting therefor, by yeas and nays, as follows:
Roll Call No. 118 Yeas--40
Accavitti Condino Law, Kathleen Plakas
Adamini Cushingberry Leland Smith, Alma
Anderson Donigan Lemmons, III Smith, Virgil
Bennett Farrah Lemmons, Jr. Stewart
Bieda Gillard Lipsey Tobocman
Byrnes Gonzales McConico Vagnozzi
Byrum Hood Meisner Waters
Casperson Hopgood Miller Whitmer
Cheeks Hunter Murphy Williams
Clack Kolb Phillips Wojno
Nays--66
Acciavatti Farhat Marleau Robertson
Amos Gaffney Mayes Rocca
Angerer Garfield McDowell Sak
Ball Gleason Meyer Schuitmaker
Baxter Gosselin Moolenaar Shaffer
Booher Green Moore Sheen
Brandenburg Hansen Mortimer Sheltrown
Brown Hildenbrand Newell Spade
Caswell Hoogendyk Nofs Stahl
Caul Hummel Palmer Stakoe
Clemente Hune Palsrok Steil
DeRoche Jones Pastor Taub
Dillon Kahn Pavlov Van Regenmorter
Drolet Kehrl Pearce Walker
Elsenheimer Kooiman Polidori Ward
Emmons LaJoy Proos Wenke
Espinoza Law, David
In The Chair: Elsenheimer
Rep. Robertson moved that the bill be placed on the order of Third Reading of Bills.
The question being on the motion made by Rep. Robertson
Rep. Ward demanded the yeas and nays.
The demand was supported.
The question being on the motion made by Rep. Robertson
The motion prevailed, a majority of the members present voting therefor, by yeas and nays, as follows:
Roll Call No. 119 Yeas--73
Acciavatti Gaffney Mayes Rocca
Amos Garfield McDowell Sak
Angerer Gillard Meyer Schuitmaker
Ball Gleason Moolenaar Shaffer
Baxter Gosselin Moore Sheen
Booher Green Mortimer Sheltrown
Brandenburg Hansen Newell Spade
Brown Hildenbrand Nitz Stahl
Casperson Hoogendyk Nofs Stakoe
Caswell Hummel Palmer Steil
Caul Hune Palsrok Stewart
Clemente Jones Pastor Taub
DeRoche Kahn Pavlov Vagnozzi
Dillon Kehrl Pearce Van Regenmorter
Drolet Kooiman Plakas Walker
Elsenheimer LaJoy Polidori Ward
Emmons Law, David Proos Wenke
Espinoza Marleau Robertson Wojno
Farhat
Nays--33
Accavitti Condino Kolb Miller
Adamini Cushingberry Law, Kathleen Murphy
Anderson Donigan Leland Smith, Alma
Bennett Farrah Lemmons, III Smith, Virgil
Bieda Gonzales Lemmons, Jr. Tobocman
Byrnes Hood Lipsey Waters
Byrum Hopgood McConico Whitmer
Cheeks Hunter Meisner Williams
Clack
In The Chair: Elsenheimer
______
Rep. Cushingberry, having reserved the right to explain his nay vote, made the following statement:
"Mr. Speaker and members of the House:
I voted no because this is an unfunded mandate on Ob-Gyn Doctors who already face significant challenges in Michigan from high malpractice insurance costs, low Medicaid Medicare reimbursement rates, shrinking practitioners and hospitals as well as constant second-guessing on how to conduct themselves in practice by HMO administrators. In many cases there is no need to do an ultrasound. Who will pay for this mandate? If it is not medically necessary the insurance industry will not pay. Can the State afford to pay? Where will the funds come from? We don't have funds to appropriately care for hungry babies, the mentally infirmed, and individuals without health insurance. With a shrinking pool of medical providers, I can't support this legislation. I refer you to the letter from the American College of Obstetricians and Gynecologist dated May 3, 2005 which was distributed by the Representative from the 109th district today as well as their website for a well reasoned logic to defeat this legislation."
______
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 Agriculture, by Rep. Nitz, Chair, reported
House Bill No. 4635, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 8515 and 8516 (MCL 324.8515 and 324.8516), as added by 1995 PA 60.
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. Nitz, Ball, Newell, Casperson, Stahl, Proos, Hune, Mayes, Spade, Kathleen Law and Sheltrown
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Nitz, Chair, of the Committee on Agriculture, was received and read:
Meeting held on: Tuesday, May 10, 2005
Present: Reps. Nitz, Ball, Newell, Casperson, Stahl, Proos, Hune, Mayes, Spade, Kathleen Law and Sheltrown
The Committee on Judiciary, by Rep. Van Regenmorter, Chair, reported
House Bill No. 4727, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 16x of chapter XVII (MCL 777.16x), as amended by 2003 PA 313.
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. Van Regenmorter, Schuitmaker, Newell, Nofs, Stakoe, Elsenheimer, Jones, David Law, Rocca, Lipsey, Condino, Adamini, Bieda and Virgil Smith
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Van Regenmorter, Chair, of the Committee on Judiciary, was received and read:
Meeting held on: Wednesday, May 11, 2005
Present: Reps. Van Regenmorter, Schuitmaker, Newell, Nofs, Stakoe, Elsenheimer, Jones, David Law, Rocca, Lipsey, Condino, Adamini, Bieda and Virgil Smith
Absent: Rep. McConico
Excused: Rep. McConico
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Palmer, Chair, of the Committee on Education, was received and read:
Meeting held on: Wednesday, May 11, 2005
Present: Reps. Palmer, Mortimer, Gosselin, Meyer, Hoogendyk, Wenke, Ball, Elsenheimer, Hildenbrand, Pearce, Proos, Hopgood, Miller, Angerer, Lemmons, III, Virgil Smith, Kehrl and Clack
Absent: Rep. Vander Veen
Excused: Rep. Vander Veen
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, May 11, 2005
Present: Reps. Nofs, Proos, Drolet, Emmons, Garfield, LaJoy, Palsrok, Stahl, Baxter, Moore, Schuitmaker, Accavitti, Dillon, Murphy, Mayes, Hopgood and Clemente
Absent: Reps. Huizenga and Hunter
Excused: Reps. Huizenga and Hunter
Announcement by the Clerk of Printing and Enrollment
The Clerk announced that the following bills and joint resolution had been printed and placed upon the files of the members on Wednesday, May 11:
House Bill Nos. 4745 4746 4747 4748 4749 4750 4751 4752 4753 4754 4755 4756 4757 4758 4759 4760 4761 4762 4763 4764 4765 4766 4767 4768
House Joint Resolution I
The Clerk announced that the following Senate bill had been received on Wednesday, May 11:
Senate Bill No. 339
By unanimous consent the House returned to the order of
Messages from the Senate
Senate Bill No. 339, entitled
A bill to amend 1972 PA 230, entitled "Stille-DeRossett-Hale single state construction code act," (MCL 125.1501 to 125.1531) by adding section 13e.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Commerce.
Introduction of Bills
Rep. Acciavatti introduced
House Bill No. 4769, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 303, 307, 310, and 314 (MCL 257.303, 257.307, 257.310, and 257.314), sections 303 and 314 as amended by 2004 PA 362, section 307 as amended by 2004 PA 502, and section 310 as amended by 2003 PA 152, and by adding sections 310f and 310g.
The bill was read a first time by its title and referred to the Committee on Transportation.
Reps. Virgil Smith, Lipsey, Clack, Murphy, Hunter, Alma Smith, McConico, Gillard, Waters, Miller and Cheeks introduced
House Bill No. 4770, entitled
A bill to amend 1931 PA 328, entitled "The Michigan penal code," (MCL 750.1 to 750.568) by adding section 479c.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Reps. Virgil Smith, Lipsey, Clack, Murphy, Hunter, Alma Smith, McConico, Gillard, Waters, Miller and Cheeks introduced
House Bill No. 4771, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 16x of chapter XVII (MCL 777.16x), as amended by 2003 PA 313.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Reps. McDowell, Mayes, Alma Smith, Dillon, Clemente, Gleason, Espinoza, Condino, Gillard, Brown, Adamini, Meisner, Sheltrown, Byrum, Kathleen Law and Miller introduced
House Bill No. 4772, entitled
A bill to amend 1954 PA 116, entitled "Michigan election law," by amending sections 642 and 644g (MCL 168.642 and 168.644g), section 642 as amended by 2004 PA 292 and section 644g as amended by 2004 PA 293, and by adding section 642c.
The bill was read a first time by its title and referred to the Committee on House Oversight, Elections, and Ethics.
Reps. Byrum, Whitmer, Angerer, Meisner, Miller, Hunter, Sak, Gillard, Dillon, Waters, Accavitti, Gleason, McConico, Clack, Plakas, Anderson, Vagnozzi, Leland, Phillips, Kathleen Law, Bieda, Alma Smith, Spade, Hopgood, Williams, Zelenko, Mayes, Espinoza, Kehrl, Polidori, Bennett, Lemmons, Jr., Gonzales, Donigan, Byrnes, Condino, Brown and Murphy introduced
House Bill No. 4773, entitled
A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 2946 (MCL 600.2946), as amended by 1995 PA 249.
The bill was read a first time by its title and referred to the Committee on Commerce.
Reps. Kolb, Lipsey, Alma Smith, Brown, Whitmer and Cushingberry introduced
House Bill No. 4774, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 20129a (MCL 324.20129a), as amended by 2004 PA 114.
The bill was read a first time by its title and referred to the Committee on Natural Resources, Great Lakes, Land Use, and Environment.
Reps. Gleason, Hummel and Gaffney introduced
House Bill No. 4775, entitled
A bill to allow certain health facilities to object to providing or participating in certain procedures under certain circumstances; and to provide for protection from certain liability.
The bill was read a first time by its title and referred to the Committee on Health Policy.
Reps. Cushingberry, Tobocman and Cheeks introduced
House Bill No. 4776, entitled
A bill to amend 1953 PA 232, entitled "Corrections code of 1953," by amending section 65 (MCL 791.265), as amended by 1998 PA 512.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Rep. Van Regenmorter introduced
House Bill No. 4777, entitled
A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending sections 2922 and 2922a (MCL 600.2922 and 600.2922a), section 2922 as amended by 2000 PA 56 and section 2922a as amended by 2002 PA 164.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Reps. Hildenbrand, Farhat, Palsrok, Vander Veen, Taub, Booher, Hansen, Walker, Elsenheimer, Drolet, Ball, Caswell, Green, Pearce, Jones, Gosselin, Hune, Nitz, Rocca, Huizenga, Caul, Garfield, Hummel, Casperson, Baxter, Pastor, Moore, Moolenaar, Marleau, Proos, Kahn, Hoogendyk, Shaffer and LaJoy introduced
House Joint Resolution J, entitled
A joint resolution proposing an amendment to the state constitution of 1963, by adding section 25 to article I, to recognize a right to hunt or fish for, and to harvest, game or fish.
The joint resolution was read a first time by its title and referred to the Committee on Conservation, Forestry, and Outdoor Recreation.
______
Rep. Murphy moved that the House adjourn.
The motion prevailed, the time being 2:50 p.m.
The Associate Speaker Pro Tempore Elsenheimer declared the House adjourned until Thursday, May 12, at 10:30 a.m.
GARY L. RANDALL
Clerk of the House of Representatives