2005-HJ-10-19-089.htm

No. 89

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

93rd Legislature

REGULAR SESSION OF 2005

House Chamber, Lansing, Wednesday, October 19, 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--e/d/s 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--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--present Kooiman--present Plakas--excused 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. Michael G. Sak, from the 76th District, offered the following invocation:

"'... Run to win!' 1 Corinthians 9:24 (NEB)

If I am not enthusiastic about a race,

If I do not set out thinking that I can win,

I have lost before I start.

If I am not optimistic about the work God gives me to do,

If I am not full of hope that in His strength I can do it well,

I might as well quit I am already defeated.

But if I enter, more than my name is at stake.

I may not believe that God is within me,

but if I have professed to be a Christian, and run and fail,

Christ is dishonored

Are you running?

Run to win . . .

This is one game none of us can afford to lose!"

______

Rep. Sak moved that Reps. Phillips and Plakas be excused from today's session.

The motion prevailed.

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

The motion prevailed.

Second Reading of Bills

Senate Bill No. 480, entitled

A bill to amend 1984 PA 233, entitled "Prudent purchaser act," by repealing section 10 (MCL 550.60).

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. 5052, entitled

A bill to amend 1993 PA 327, entitled "Tobacco products tax act," by amending sections 2 and 8 (MCL 205.422 and 205.428), as amended by 2004 PA 474.

Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Judiciary,

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

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

The motion prevailed.

House Bill No. 5133, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 907 (MCL 257.907), as amended by 2005 PA 1, and by adding section 602b.

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

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

Rep. David Law moved to amend the bill as follows:

1. Amend page 8, following line 23, by inserting:

"Enacting section 1. This amendatory act takes effect 90 days after the date it is enacted.".

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

Rep. David Law 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. 4789, entitled

A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding section 21794.

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

Roll Call No. 519 Yeas--59

Acciavatti Gaffney Meyer Schuitmaker

Amos Garfield Moolenaar Shaffer

Ball Gosselin Moore Sheen

Baxter Green Mortimer Stahl

Booher Hansen Newell Stakoe

Brandenburg Hildenbrand Nitz Steil

Casperson Hoogendyk Nofs Stewart

Caswell Hummel Palmer Taub

Caul Hune Palsrok Van Regenmorter

DeRoche Jones Pastor Vander Veen

Dillon Kahn Pavlov Walker

Drolet Kooiman Pearce Ward

Elsenheimer LaJoy Proos Wenke

Emmons Law, David Robertson Zelenko

Farhat Marleau Rocca

Nays--47

Accavitti Condino Kolb Sak

Adamini Cushingberry Law, Kathleen Sheltrown

Anderson Donigan Leland Smith, Alma

Angerer Espinoza Lemmons, III Smith, Virgil

Bennett Farrah Lemmons, Jr. Spade

Bieda Gillard Lipsey Tobocman

Brown Gleason Mayes Vagnozzi

Byrnes Gonzales McDowell Waters

Byrum Hood Meisner Whitmer

Cheeks Hopgood Miller Williams

Clack Hunter Murphy Wojno

Clemente Kehrl Polidori

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.

Reps. Vagnozzi and Clack moved that their names be removed as co-sponsors of the bill.

The motion prevailed.

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 HB 4789 (H-2) because I'm concerned that the relatively low level of training required by this bill would put residents at risk. Critics cite research which suggests that anything less than 75 hours of training is insufficient preparation given the physical and mental status of many residents. The bill prohibits anyone less than 17 years old from serving as a dining assistant, yet I wonder if at the relatively youthful age of 17 or 18 a person has the maturity and experience to perform this function. While I appreciate the work the sponsor has done on this issue, and while I have been personally very active on nursing home reform issues, I am concerned that this bill does not adequately protect the best interests of the residents of our state's nursing homes. Thus, I voted no on this bill."

Reps. Byrnes, Cushingberry, Hopgood, Kathleen Law, Lemmons, Jr., Lemmons, III, Waters and Clack, having reserved the right to explain their protest against passage of the bill, made the following statement:

"Mr. Speaker and members of the House:

I voted 'No' on House Bill 4789 because I am concerned about quality care in our nursing homes and the care our most vulnerable citizens receive. This bill would allow nursing homes to hire unskilled, barely trained individuals to feed nursing home residents. There have been no studies conducted that prove that these individuals, referred to as dining assistants, improve the quality of care for our most vulnerable residents. With the limited supervision required under this bill and the minimal 15.5 hours of training, this bill could put our seniors at-risk.

In addition, the Department of Community Health is currently working on a pilot program for dining assistants and having Michigan State University perform a comprehensive study on the effects of the program. This study will be the first of its kind in the nation. This report will evaluate the feasibility of dining assistants, the impact of dining assistants, whether positive or negative, on resident care, and whether the program should be altered of expanded statewide. This study should be completed and thoroughly reviewed prior to jumping into this program statewide."

Rep. Angerer, 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 4789 because I am concerned about quality care in our nursing homes and the care our most vulnerable citizens receive. Patients in nursing homes should have the best possible care. This bill would allow nursing homes to hire unskilled, barely trained individuals to feed nursing home residents. There have been no studies conducted that prove that these individuals, referred to as dining assistants, improve the quality of care for our most vulnerable residents. With the limited supervision required under this bill and the minimal 15.5 hours of training, this bill could put our seniors at-risk.

House Bill No. 4792, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending section 20155 (MCL 333.20155), as amended by 2001 PA 218, and by adding section 21753.

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

Roll Call No. 520 Yeas--106

Accavitti Elsenheimer Law, Kathleen Rocca

Acciavatti Emmons Leland Sak

Adamini Espinoza Lemmons, III Schuitmaker

Amos Farhat Lemmons, Jr. Shaffer

Anderson Farrah Lipsey Sheen

Angerer Gaffney Marleau Sheltrown

Ball Garfield Mayes Smith, Alma

Baxter Gillard McDowell Smith, Virgil

Bennett Gleason Meisner Spade

Bieda Gonzales Meyer Stahl

Booher Gosselin Miller Stakoe

Brandenburg Green Moolenaar Steil

Brown Hansen Moore Stewart

Byrnes Hildenbrand Mortimer Taub

Byrum Hood Murphy Tobocman

Casperson Hoogendyk Newell Vagnozzi

Caswell Hopgood Nitz Van Regenmorter

Caul Hummel Nofs Vander Veen

Cheeks Hune Palmer Walker

Clack Hunter Palsrok Ward

Clemente Jones Pastor Waters

Condino Kahn Pavlov Wenke

Cushingberry Kehrl Pearce Whitmer

DeRoche Kolb Polidori Williams

Dillon Kooiman Proos Wojno

Donigan LaJoy Robertson Zelenko

Drolet Law, David

Nays--0

In The Chair: Kooiman

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 1978 PA 368, entitled "Public health code," by amending sections 20155 and 21799a (MCL 333.20155 and 333.21799a), section 20155 as amended by 2001 PA 218 and section 21799a as amended by 2004 PA 189, and by adding section 21753.

The motion prevailed.

The House agreed to the title as amended.

Rep. Ward 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

The Senate returned, in accordance with the request of the House

Senate Bill No. 134, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 11b of chapter XVII (MCL 777.11b), as amended by 2004 PA 150.

(The bill was passed on October 6, see House Journal No. 85, p. 1873.)

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

The motion prevailed.

Third Reading of Bills

House Bill No. 5183, entitled

A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding section 20173a.

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

Roll Call No. 521 Yeas--105

Accavitti Emmons Law, Kathleen Rocca

Acciavatti Espinoza Leland Sak

Adamini Farhat Lemmons, III Schuitmaker

Amos Farrah Lemmons, Jr. Shaffer

Anderson Gaffney Lipsey Sheen

Angerer Garfield Marleau Sheltrown

Ball Gillard Mayes Smith, Alma

Baxter Gleason McDowell Smith, Virgil

Bennett Gonzales Meisner Spade

Bieda Gosselin Meyer Stahl

Booher Green Miller Stakoe

Brandenburg Hansen Moolenaar Steil

Brown Hildenbrand Moore Stewart

Byrnes Hood Mortimer Taub

Byrum Hoogendyk Murphy Tobocman

Casperson Hopgood Newell Vagnozzi

Caswell Hummel Nitz Van Regenmorter

Caul Hune Nofs Vander Veen

Cheeks Hunter Palmer Walker

Clack Jones Palsrok Ward

Clemente Kahn Pastor Waters

Condino Kehrl Pavlov Wenke

Cushingberry Kolb Pearce Whitmer

DeRoche Kooiman Polidori Williams

Dillon LaJoy Proos Wojno

Donigan Law, David Robertson Zelenko

Elsenheimer

Nays--1

Drolet

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. McConico entered the House Chambers.

By unanimous consent the House returned to the order of

Messages from the Senate

The House returned to the consideration of

Senate Bill No. 134, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 11b of chapter XVII (MCL 777.11b), as amended by 2004 PA 150.

(The bill was considered earlier today, see today's Journal p. 1947.)

Rep. Ward moved that Rule 67 be suspended.

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

Rep. Ward moved to reconsider the vote by which the House passed the bill.

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

Third Reading of Bills

Senate Bill No. 134, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 11b of chapter XVII (MCL 777.11b), as amended by 2004 PA 150.

The question being on the passage of the bill,

Rep. Ward moved that consideration of the bill be postponed for the day.

The motion prevailed.

______

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

Motions and Resolutions

Reps. Lemmons, III, Lemmons, Jr., Hunter, Anderson, Bieda, Brandenburg, Byrnes, Byrum, Condino, Farrah, Gonzales, Hopgood, Kehrl, Kooiman, Leland, Lipsey, Miller, Polidori, Sak, Tobocman, Vagnozzi, Zelenko, Angerer, Bennett, Brown, Cheeks, Clack, Clemente, Cushingberry, Dillon, Donigan, Espinoza, Gaffney, Gillard, Gleason, Hansen, Kolb, McConico, Meisner, Murphy, Alma Smith, Stahl and Waters offered the following concurrent resolution:

House Concurrent Resolution No. 24.

A concurrent resolution urging the Congress and the President of the United States to increase the funding of the Low Income Home Energy Assistance Program.

Whereas, In light of the Hurricane Katrina disaster, many energy companies are raising their fees significantly, which will significantly impact low-income citizens of our country. The Michigan Public Service Commission expects natural gas prices to be higher than even preliminary estimates have suggested. Home heating bills are predicted to be nearly 50 percent higher than they were last year. This winter, when seasonal demand reaches its peak, costs are expected to strike a terrible blow to people who have had difficulties paying their home heating bills even before the recent increase in prices; and

Whereas, Low-income households in the United States may spend 15 to 20 percent of their earnings on home heating costs. High natural gas prices are squeezing the household budgets of families least able to adapt and most in need of reliable, affordable energy. This winter's situation is expected to bring a crisis to many people, including low-income seniors who will almost surely face difficult choices; and

Whereas, The federal Low Income Home Energy Assistance Program (LIHEAP) is one of the most critical components of the social safety net. Community action agencies and advocates for the vulnerable in society have called for increases to LIHEAP for the past several years, as appropriations levels have not kept up with rising heating costs, rising poverty, and an ever-increasing aging population. LIHEAP, which has taken its fair share of budget cuts and only serves one of five people who need its assistance, should have its funding increased to provide a safety net to help impoverished elderly and poor families meet their heating needs; now, therefore, be it

Resolved by the House of Representatives (the Senate concurring), that we urge the Congress and the President of the United States to increase the funding of the Low Income Home Energy Assistance Program (LIHEAP); and be it further

Resolved, That copies of this resolution be transmitted to the President of the United States, 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 Energy and Technology.

Reports of Standing Committees

The Committee on Tax Policy, by Rep. Sheen, Chair, reported

House Bill No. 4072, 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.

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, Marleau, Condino, Bieda, Farrah, Zelenko and Meisner

Nays: Reps. Miller and Bennett

The Committee on Tax Policy, by Rep. Sheen, Chair, reported

House Bill No. 4271, 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.

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. Sheen, Meyer, Gosselin, Newell, Drolet, Palmer, Hoogendyk, Stakoe, Jones, Marleau, Condino, Farrah, Zelenko, Miller, Meisner and Bennett

Nays: Rep. Bieda

The Committee on Tax Policy, by Rep. Sheen, Chair, reported

House Bill No. 4468, 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.

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, Marleau, Condino, Farrah, Zelenko, Miller, Meisner and Bennett

Nays: Rep. Bieda

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, October 19, 2005

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

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Wenke, Chair, of the Committee on Higher Education and Career Preparation, was received and read:

Meeting held on: Tuesday, October 18, 2005

Present: Reps. Wenke, Emmons, Palmer, Ward, Byrnes, Lipsey and Kehrl

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, October 18, 2005

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

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, October 19, 2005

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

Absent: Rep. Huizenga

Excused: Rep. Huizenga

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, October 19, 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

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, October 19:

House Bill Nos. 5298 5299 5300 5301 5302 5303 5304 5305 5306 5307 5308 5309 5310 5311 5312 5313 5314 5315 5316 5317 5318 5319 5320 5321 5322 5323 5324 5325 5326 5327 5328 5329 5330

House Joint Resolution Q

Senate Bill Nos. 810 811 812 813 814

The Clerk announced that the following Senate bill had been received on Wednesday, October 19:

Senate Bill No. 662

By unanimous consent the House returned to the order of

Messages from the Senate

House Bill No. 5048, entitled

A bill to create the Michigan tobacco settlement finance authority; to create funds and accounts; to provide for the sale by this state and the purchase by the authority of all or a portion of tobacco settlement assets; to authorize the issuing of bonds and notes; to prescribe the powers and duties of the authority, the state administrative board, the state treasurer, and certain other state officials and state employees; and to make appropriations and prescribe certain conditions for the appropriations.

The Senate has substituted (S-2) the bill.

The Senate has passed the bill as substituted (S-2) and ordered that it be given immediate effect.