2005-HJ-06-14-054.htm

No. 54

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

93rd Legislature

REGULAR SESSION OF 2005

House Chamber, Lansing, Tuesday, June 14, 2005.

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 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--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--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. Alexander C. Lipsey, from the 60th District, offered the following invocation:

"Excerpt from The Measure of Our Success: A Letter to My Children and Yours by Marian Wright Edelman:

We pray for children who sneak popsicles before supper, who erase holes in math workbooks, who can never find their shoes.

And we pray for those who stare at photographers from behind barbed wire, who can't bound down the street in a new pair of sneakers, who never 'counted potatoes,' who are born in places we wouldn't be caught dead, who never go to the circus, who live in an X-rated world.

We pray for children who bring us sticky kisses and fistfuls of dandelions, who hug us in a hurry and forget their lunch money.

And we pray for those who never get dessert, who have no safe blanket to drag behind them, who watch their parents watch them die, who can't find any bread to steal, who don't have any rooms to clean up, whose pictures aren't on anybody's dresser, whose monsters are real.

We pray for children who spend all their allowance before Tuesday, who throw tantrums in the grocery store and pick at their food, who like ghost stories, who shove dirty clothes under the bed, and never rinse out the tub, who get visits from the tooth fairy, who don't like to be kissed in front of the carpool, who squirm in church or temple and scream in the phone, whose tears we sometimes laugh at and whose smiles can make us cry.

And we pray for those whose nightmares come in the daytime, who will eat anything, who have never seen a dentist, who aren't spoiled by anybody, who go to bed hungry and cry themselves to sleep, who live and move, but have no being.

We pray for children who want to be carried and for those who must, for those we never give up on and for those who don't get a second chance.

For those we smother...and for those who will grab the hand of anybody kind enough to offer it.

Help us to offer our hands to them so that no child is left behind because we did not act.

We pray in the name of the one who said, 'Suffer the little children to come unto me and forbid them not, for such is the kingdom of heaven.' Amen."

______

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

The motion prevailed.

Motions and Resolutions

Reps. Waters, Accavitti, Adamini, Ball, Booher, Brown, Byrum, Caswell, Cheeks, Clack, Condino, Cushingberry, DeRoche, Farrah, Garfield, Gleason, Gonzales, Hansen, Hildenbrand, Hood, Hopgood, Jones, Kehrl, Kooiman, Kathleen Law, Lemmons, III, Lemmons, Jr., Lipsey, Mayes, McDowell, Meisner, Miller, Murphy, Nitz, Pastor, Pearce, Phillips, Plakas, Polidori, Sak, Sheltrown, Virgil Smith, Spade, Tobocman, Vagnozzi and Vander Veen offered the following resolution:

House Resolution No. 91.

A resolution honoring Duffield Elementary School for winning the National Chess Club Championship and Duffield Middle School for being the National Chess Club Championship runner-up.

Whereas, It is with great pleasure that we commend the students, coaches, and parents of Duffield Elementary/Middle School Chess Club upon receiving special honors as the National Chess Club winners. Duffield Elementary placed 4th in the state and then went on to place first in the nation. Duffield Middle School (K-9) placed 6th in the state and then placed 2nd in the nation; and

Whereas, This recognition is a well-earned milestone symbolic of innovation, planning, and the personal commitment of many people who share the belief that chess is a powerful educational tool. Currently, many school administrators realize the tremendous benefit, both socially and scholastically, chess has on students of all ages; and

Whereas, Attaining the level of excellence reflected at Duffield Elementary/Middle School is attributed to a unity of purpose that brings together all the elements of a successful learning environment. This experience enabled them to deal effectively with the wide range of influences necessary to prepare our young people for the challenges of tomorrow; and

Whereas, Principal Donna Nesbitt, Coach Dave Carthen, Coach Kevin Fite, Coach Glenn Smith, Coach Larry Stewart, and the proud parents of Duffield Elementary/Middle School Chess Team realize that chess is a tool that teaches students how to think logically and efficiently. Chess provides challenges for students which motivates them to study and strive for excellence; and

Whereas, Forty-eight percent of Duffield's Chess Team has a grade point average of 3.0 or higher. The team members consist of: Shirley Bass; Janavia Boyd; Tramayne Coody, who placed 19th in the nation (K-9); Vanessa Crater, who won 4¹/2 out of 7 matches at nationals; Christopher Cunningham, who placed 5th in the nation; Nobie Dawsey, who was a bronze medalist at the state tournament; Marquis Edmonson, who placed 11th in the nation going 6-1; Briana Ellington, who was a silver medalist at the state tournament, and tied for 25th in the nation (K-6); Bria Green, who was a gold medalist at the state tournament; Bryon Green, who was a silver medalist at the state tournament; Brandie James, who was a gold medalist at the state tournament; Anthony Jasper; Maurice Jenkins, who placed 3rd in the nation (K-9) and who was a silver medalist at the state tournament and at the Windsor-Detroit tournament; Knydra Jefferson; Jaron Marshall, who placed 1st at nationals (K-6) going 7-0; Aaron Martin, who won 5¹/2 of 7 matches at the nationals; Mica Randolph, who tied for 25th place in nation (K-6); Brejae Redden; Sherman Redden, who was a silver medalist at the state tournament; Stephanie Rittenhouse; Jackie Roberson, who was a silver medalist at the state tournament and a bronze medalist at the Windsor-Detroit tournament; India Spencer, who went 4-3 at nationals; Monet Stokes, who was a silver medalist; Tavonte Tyler, who was a bronze medalist; D'metria Wilson, who placed 9th in the nation and was a bronze medalist; and D'metrius Wilson, who was a silver medalist at the state tournament and at the Windsor-Detroit tournament, now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body honor Duffield Elementary School for winning the National Chess Club Championship and Duffield Middle School for being the National Chess Club Championship runner-up.

Pending the reference of the resolution to a committee,

Rep. Ward 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.

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 Friday, June 10:

House Bill Nos. 4904 4905 4906 4907 4908 4909 4910 4911 4912 4913 4914 4915 4916 4917

Senate Bill No. 579

The Clerk announced the enrollment printing and presentation to the Governor on Monday, June 13, for her approval of the following bills:

Enrolled House Bill No. 4447 at 1:18 p.m.

Enrolled House Bill No. 4551 at 1:20 p.m.

Enrolled House Bill No. 4613 at 1:22 p.m.

The Clerk announced that the following Senate bills had been received on Tuesday, June 14:

Senate Bill Nos. 251 353 538

By unanimous consent the House returned to the order of

Reports of Standing Committees

The Committee on Regulatory Reform, by Rep. Rocca, Chair, reported

Senate Bill No. 167, entitled

A bill to provide for occupational regulatory agencies to allow the use of on-line or other electronic continuing education and continuing competency programs under certain circumstances; to provide for certain powers and duties for certain state regulatory agencies; and to provide for the promulgation of rules.

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. Rocca, Jones, Gaffney, Wojno, McDowell and Virgil Smith

Nays: None

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Rocca, Chair, of the Committee on Regulatory Reform, was received and read:

Meeting held on: Tuesday, June 14, 2005

Present: Reps. Rocca, Jones, Gaffney, Wojno, McDowell and Virgil Smith

Absent: Reps. Van Regenmorter, Palsrok and Lemmons, III

Excused: Reps. Van Regenmorter, Palsrok and Lemmons, III

The Committee on Commerce, by Rep. Huizenga, Chair, reported

House Bill No. 4679, 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 1, 3, 4, and 7 (MCL 125.1651, 125.1653, 125.1654, and 125.1657), sections 1 and 7 as amended by 2004 PA 196, section 3 as amended by 2004 PA 521, and section 4 as amended by 1987 PA 66.

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. Huizenga, Baxter, Emmons, Palsrok, Wenke, Green, Hildenbrand, Jones, David Law, Marleau, Pavlov, Schuitmaker, Meisner, Tobocman, Murphy, Dillon, Bennett, Accavitti and McConico

Nays: None

The Committee on Commerce, by Rep. Huizenga, Chair, reported

House Bill No. 4733, entitled

A bill to amend 1975 PA 228, entitled "Single business tax act," (MCL 208.1 to 208.145) by adding section 35c.

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. Huizenga, Baxter, Emmons, Palsrok, Wenke, Green, Hildenbrand, Jones, David Law, Marleau, Pavlov, Schuitmaker, Meisner and Tobocman

Nays: None

The Committee on Commerce, by Rep. Huizenga, Chair, reported

House Bill No. 4734, entitled

A bill to amend 1975 PA 228, entitled "Single business tax act," by amending section 38g (MCL 208.38g), as amended by 2003 PA 249.

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. Huizenga, Baxter, Emmons, Palsrok, Wenke, Green, Hildenbrand, Jones, David Law, Marleau, Pavlov, Schuitmaker, Meisner and Tobocman

Nays: None

The Committee on Commerce, by Rep. Huizenga, Chair, reported

House Bill No. 4915, entitled

A bill to amend 1974 PA 198, entitled "An act to provide for the establishment of plant rehabilitation districts and industrial development districts in local governmental units; to provide for the exemption from certain taxes; to levy and collect a specific tax upon the owners of certain facilities; to impose and provide for the disposition of an administrative fee; to provide for the disposition of the tax; to provide for the obtaining and transferring of an exemption certificate and to prescribe the contents of those certificates; to prescribe the powers and duties of the state tax commission and certain officers of local governmental units; and to provide penalties," by amending section 2 (MCL 207.552), as amended by 2003 PA 5.

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. Huizenga, Baxter, Emmons, Palsrok, Wenke, Green, Hildenbrand, Jones, David Law, Marleau, Pavlov, Schuitmaker, Meisner, Tobocman, Murphy, Dillon, Bennett, Accavitti and McConico

Nays: None

The Committee on Commerce, by Rep. Huizenga, Chair, reported

Senate Bill No. 525, entitled

A bill to amend 2003 PA 296, entitled "Michigan early stage venture investment act of 2003," by amending sections 5 and 15 (MCL 125.2235 and 125.2245).

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. Huizenga, Baxter, Emmons, Palsrok, Wenke, Green, Hildenbrand, Jones, David Law, Marleau, Pavlov, Schuitmaker, Meisner, Tobocman, Dillon, Bennett and Accavitti

Nays: None

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, June 14, 2005

Present: Reps. Huizenga, Baxter, Emmons, Palsrok, Wenke, Green, Hildenbrand, Jones, David Law, Marleau, Pavlov, Schuitmaker, Meisner, Tobocman, Murphy, Dillon, Bennett, Accavitti and McConico

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, June 14, 2005

Present: Reps. LaJoy, David Law, Gosselin, Meyer, Casperson, Nitz, Wenke, Moore, Pavlov, Pearce, Anderson, Byrnes, Murphy, Kathleen Law, Hood, Gleason and Leland

Notices

Pursuant to Rule 44, the Speaker has made the following reassignments:

Senate Joint Resolution C referred to the Committee on Commerce.

Senate Bill No. 533 referred to the Committee on Commerce.

Communications from State Officers

The following communications from the Auditor General were received and read:

June 9, 2005

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

Performance audit of Homeland Security and Emergency Management,

Department of Military and Veterans Affairs and Department of State Police

June 2005

June 9, 2005

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

Performance audit of

Jackson Community College

June 2005

June 10, 2005

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

Financial audit of the

Michigan Education Trust, Plans B & C

for the period October 1, 2002 through September 30, 2004.

Met is a component unit of the State of Michigan

June 10, 2005

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

Financial audit of the

Michigan Education Trust Plan D

for the period October 1, 2002 through September 30, 2004.

Met is a component unit of the State of Michigan

Sincerely,

Thomas H. McTavish, C.P.A.

Auditor General

The communications were referred to the Clerk and the accompanying reports referred to the Committee on Government Operations.

Introduction of Bills

Reps. Ward and Taub introduced

House Bill No. 4918, entitled

A bill to amend 1968 PA 357, entitled "An act to prescribe the powers, duties and functions of the state officers' compensation commission; and to prescribe the powers and duties of the legislature in relation to the commission," by amending section 7 (MCL 15.217).

The bill was read a first time by its title and referred to the Committee on House Oversight, Elections, and Ethics.

Reps. Waters, Taub and Ward introduced

House Bill No. 4919, entitled

The bill was read a first time by its title and referred to the Committee on House Oversight, Elections, and Ethics.

Reps. Farhat, Palsrok, Casperson, Emmons, Nitz, Proos, Pavlov, Shaffer, Baxter, Booher, Hansen, Amos and Taub introduced

House Bill No. 4920, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 80307, 80309, 81112, and 82105 (MCL 324.80307, 324.80309, 324.81112, and 324.82105), sections 80307, 80309, and 81112 as added by 1995 PA 58 and section 82105 as amended by 1998 PA 297.

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

Rep. Sheen introduced

House Bill No. 4921, entitled

A bill to amend 1933 PA 167, entitled "General sales tax act," by amending sections 4o and 8 (MCL 205.54o and 205.58), as amended by 2004 PA 173.