2006-HJ-01-19-004

No. 4

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

93rd Legislature

REGULAR SESSION OF 2006

House Chamber, Lansing, Thursday, January 19, 2006.

10:30 a.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 Elsenheimer--present Law, Kathleen--present Robertson--present

Acciavatti--present Emmons--present Leland--present Rocca--present

Adamini--excused Espinoza--present Lemmons, III--present Sak--present

Amos--present Farhat--present Lemmons, Jr.--present Schuitmaker--present

Anderson--present Farrah--present Lipsey--present Shaffer--present

Angerer--present Gaffney--present Marleau--present Sheen--present

Ball--present Garfield--present Mayes--present Sheltrown--present

Baxter--present Gillard--present McConico--excused Smith, Alma--present

Bennett--present Gleason--present McDowell--present Smith, Virgil--present

Bieda--present Gonzales--present Meisner--present Spade--present

Booher--present Gosselin--present Meyer--present Stahl--present

Brandenburg--present Green--present Miller--present Stakoe--present

Brown--present Hansen--present Moolenaar--present Steil--present

Byrnes--present Hildenbrand--present Moore--present Stewart--present

Byrum--present Hood--present Mortimer--present Taub--present

Casperson--present Hoogendyk--present Murphy--present Tobocman--present

Caswell--present Hopgood--present Newell--present Vagnozzi--present

Caul--present Huizenga--present Nitz--present Van Regenmorter--excused

Cheeks--present Hummel--present Nofs--present Vander Veen--present

Clack--excused Hune--present Palmer--present Walker--present

Clemente--present Hunter--excused Palsrok--present Ward--excused

Condino--present Jones--present Pastor--present Waters--present

Cushingberry--excused Kahn--present Pavlov--present Wenke--present

DeRoche--present Kolb--present Pearce--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--present

e/d/s = entered during session

Rep. Marsha G. Cheeks, from the 6th District, offered the following invocation:

"Almighty, mighty merciful God, THANK YOU for being Our Father, the creator of all things. THANK YOU for all that You have given, all that You are giving, and all that You will give. Father, we know we are not worthy, yet You have provided the vision and the resources we need to carry out Your mission. USE US! I am humbled and honored that You have chosen me to serve. I ask that You consistently remind us of our responsibilities, and to guide our decisions for Your people. Order our thoughts and our steps Father. Please continue to provide us with the energy and the commitment to do YOUR will. Remind us Father; in all that we do, we are here to serve only YOU! Remind us Father, what a privilege it is to carry, everything to YOU in prayer. Never let us forget, What an AWESOME GOD WE SERVE! These prayers, and many, many others, we ask in the name of Your son Jesus, Amen."

______

Rep. Palmer moved that Reps. Van Regenmorter and Ward be excused from today's session.

The motion prevailed.

Rep. Sak moved that Reps. Adamini, Clack, Cushingberry, Hunter and McConico be excused from today's session.

The motion prevailed.

Rep. Elsenheimer moved that Rep. Vander Veen be excused temporarily from today's session.

The motion prevailed.

Third Reading of Bills

House Bill No. 4889, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 733 (MCL 257.733), as amended by 2004 PA 62.

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

Roll Call No. 3 Yeas--74

Anderson Farrah Lemmons, III Plakas

Angerer Garfield Lemmons, Jr. Polidori

Ball Gillard Lipsey Proos

Baxter Gleason Marleau Sak

Bennett Gonzales Mayes Shaffer

Booher Green McDowell Sheltrown

Brown Hansen Meisner Spade

Byrnes Hildenbrand Meyer Stakoe

Byrum Hood Miller Steil

Casperson Hopgood Moore Stewart

Caswell Hummel Mortimer Tobocman

Caul Jones Murphy Vagnozzi

Cheeks Kahn Newell Walker

Clemente Kolb Nitz Waters

Donigan Kooiman Nofs Wenke

Elsenheimer LaJoy Palsrok Whitmer

Emmons Law, David Pavlov Williams

Espinoza Law, Kathleen Pearce Zelenko

Farhat Leland

Nays--26

Accavitti Dillon Moolenaar Sheen

Acciavatti Drolet Palmer Smith, Alma

Amos Gaffney Pastor Smith, Virgil

Bieda Gosselin Robertson Stahl

Brandenburg Hoogendyk Rocca Taub

Condino Huizenga Schuitmaker Wojno

DeRoche Hune

In The Chair: Kooiman

The House agreed to the title of the bill.

Rep. Stakoe moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

______

Rep. Vander Veen, 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. 3. Had I been present, I would have voted 'yea'."

House Bill No. 5240, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 5, 320a, 627, 628, 629, and 629c (MCL 257.5, 257.320a, 257.627, 257.628, 257.629, and 257.629c), section 320a as amended by 2004 PA 495, section 627 as amended by 2004 PA 62, section 628 as amended by 2003 PA 65, section 629 as amended by 1988 PA 368, and section 629c as amended by 1996 PA 320; and to repeal acts and parts of acts.

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

Roll Call No. 4 Yeas--101

Accavitti Espinoza Leland Robertson

Acciavatti Farhat Lemmons, III Rocca

Amos Farrah Lemmons, Jr. Sak

Anderson Gaffney Lipsey Schuitmaker

Angerer Garfield Marleau Shaffer

Ball Gillard Mayes Sheen

Baxter Gleason McDowell Sheltrown

Bennett Gonzales Meisner Smith, Alma

Bieda Gosselin Meyer Smith, Virgil

Booher Green Miller Spade

Brandenburg Hansen Moolenaar Stahl

Brown Hildenbrand Moore Stakoe

Byrnes Hood Mortimer Steil

Byrum Hoogendyk Murphy Stewart

Casperson Hopgood Newell Taub

Caswell Huizenga Nitz Tobocman

Caul Hummel Nofs Vagnozzi

Cheeks Hune Palmer Vander Veen

Clemente Jones Palsrok Walker

Condino Kahn Pastor Waters

DeRoche Kolb Pavlov Wenke

Dillon Kooiman Pearce Whitmer

Donigan LaJoy Plakas Williams

Drolet Law, David Polidori Wojno

Elsenheimer Law, Kathleen Proos Zelenko

Emmons

Nays--0

In The Chair: Kooiman

The House agreed to the title of the bill.

Rep. Stakoe moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

House Bill No. 5241, entitled

A bill to amend 1990 PA 187, entitled "The pupil transportation act," by amending section 61 (MCL 257.1861).

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

Roll Call No. 5 Yeas--101

Accavitti Espinoza Leland Robertson

Acciavatti Farhat Lemmons, III Rocca

Amos Farrah Lemmons, Jr. Sak

Anderson Gaffney Lipsey Schuitmaker

Angerer Garfield Marleau Shaffer

Ball Gillard Mayes Sheen

Baxter Gleason McDowell Sheltrown

Bennett Gonzales Meisner Smith, Alma

Bieda Gosselin Meyer Smith, Virgil

Booher Green Miller Spade

Brandenburg Hansen Moolenaar Stahl

Brown Hildenbrand Moore Stakoe

Byrnes Hood Mortimer Steil

Byrum Hoogendyk Murphy Stewart

Casperson Hopgood Newell Taub

Caswell Huizenga Nitz Tobocman

Caul Hummel Nofs Vagnozzi

Cheeks Hune Palmer Vander Veen

Clemente Jones Palsrok Walker

Condino Kahn Pastor Waters

DeRoche Kolb Pavlov Wenke

Dillon Kooiman Pearce Whitmer

Donigan LaJoy Plakas Williams

Drolet Law, David Polidori Wojno

Elsenheimer Law, Kathleen Proos Zelenko

Emmons

Nays--0

In The Chair: Kooiman

The House agreed to the title of the bill.

Rep. Stakoe moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

______

Rep. Stakoe 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. Hansen, Accavitti, Amos, Ball, Booher, Brandenburg, Brown, Byrnes, Byrum, Casperson, Caswell, Caul, Elsenheimer, Farhat, Gaffney, Garfield, Gillard, Gleason, Gonzales, Green, Hildenbrand, Hopgood, Hummel, LaJoy, Kathleen Law, Leland, Lemmons, III, Lemmons, Jr., Marleau, Mayes, Meyer, Mortimer, Murphy, Newell, Nitz, Palmer, Pavlov, Pearce, Plakas, Proos, Shaffer, Sheen, Sheltrown, Stahl, Stakoe, Taub, Vagnozzi, Vander Veen and Zelenko offered the following resolution:

House Resolution No. 181.

A resolution to memorialize the Congress of the United States to fund fully the Select Michigan agricultural program through the United States Department of Agriculture.

Whereas, The Michigan Department of Agriculture introduced the Select Michigan campaign in the Grand Rapids area to encourage Michigan residents to purchase locally grown and produced foods. Recently expanded to the Detroit area, the program uses posters, banners, and stickers in Michigan grocery stores and farmers' markets to identify locally grown food products. Since 2001, the Select Michigan program has highlighted the numerous Michigan-grown products available in the state, including apples, asparagus, blueberries, cherries, chestnuts, corn, dry beans, honey, maple syrup, peaches, and strawberries; and

Whereas, Access to fresh and nutritious food products is vital to the health and well-being of Michigan residents. Michigan farms, which are second in the nation in the diversity of agricultural products grown, provide residents with awide variety of locally grown fruits and vegetables. Identifying and marketing these products to the local population enablesresidents to support Michigan's agricultural industry, which contributes significantly to Michigan's economic well-being. The impact of Michigan's agriculture on our economy is estimated to be $60.1 billion annually and growing; and

Whereas, In 2001, a one-time block grant of $3.75 million from the United States Department of Agriculture provided support to launch the Select Michigan program. The program is able to continue due to a unique funding partnership involving the private sector and the federal government. However, to ensure all Michigan residents have access to fresh and nutritious locally grown food products and allow the Select Michigan program to expand to encompass the state, full funding of this program by the federal government is necessary; now, therefore, be it

Resolved by the House of Representatives, That we memorialize the Congress of the United States to fund fully the Select Michigan agricultural program through the United States Department of Agriculture; 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 resolution was referred to the Committee on Agriculture.

Rep. Schuitmaker offered the following resolution.

House Resolution No. 182.

A resolution to memorialize the Congress and the President of the United States to increase funding for the Low Income Home Energy Assistance Program (LIHEAP).

Whereas, Many indicators predict home heating costs this winter will be excessively high. Hurricanes Katrina and Rita have disrupted the energy infrastructure of our nation and natural gas, electric, and heating oil prices are expected to spike. The cost of natural gas in Michigan may exceed $13.00 per thousand cubic feet by January 2006. In states like Michigan, where the winters are typically long, cold, and bitter, residents are expecting home heating bills to be approximately 50 percent higher than they were last year; and

Whereas, The Low Income Home Energy Assistance Program (LIHEAP) is the most crucial energy assistance program in the country. LIHEAP, a federal block grant program, provides the bulk of funding for energy assistance programs in almost every state and has been doing so for almost 25 years. LIHEAP helps the elderly, people with disabilities, families with young children, and the working poor. LIHEAP prevents people from having to choose between heating their homes and buying food and medicines for themselves or their families; and

Whereas, The LIHEAP program has been struggling to keep pace with the number of households requiring help. Rising poverty, an aging population, increased heating costs, and decreased funding levels have placed a strain on the LIHEAP program the past few years. Last year, for the first time ever, Michigan had to close their LIHEAP program for 4 months due to a lack of funds, and still Michigan is currently receiving a smaller LIHEAP allocation than last year; and

Whereas, State energy assistance programs are expecting to see a surge of LIHEAP applications this winter heating season. Skyrocketing home heating costs and the many economic challenges threatening Michigan and other states will cause more families to seek help. However, the current level of LIHEAP funding will only provide enough funds to help a fraction of those eligible for assistance; and

Whereas, Immediately including emergency LIHEAP funds in the next available appropriations bill and significantly increasing fiscal year 2006 LIHEAP funding will ensure that energy assistance is available for all those in need. The additional funds will allow families in Michigan and across the country to meet their basic energy needs and avoid crisis; now, therefore, be it

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

Resolved, That copies of this resolution be transmitted to the Office of 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 resolution was referred to the Committee on Energy and Technology.

Reports of Standing Committees

The Committee on Natural Resources, Great Lakes, Land Use, and Environment, by Rep. Palsrok, Chair, reported

House Bill No. 5508, entitled

A bill to amend 1984 PA 44, entitled "Motor fuels quality act," by amending the title and sections 2, 3, 5, 9b, 9d, 9g, 9h, 9i, 9j, 10b, 10c, and 10d (MCL 290.642, 290.643, 290.645, 290.649b, 290.649d, 290.649g, 290.649h, 290.649i, 290.649j, 290.650b, 290.650c, and 290.650d), the title and section 2 as amended and sections 9b, 9d, 9g, 9h, 9j, and 10c as added by 1993 PA 236, sections 3, 5, and 10b as amended by 2002 PA 13, section 9i as amended by 2004 PA 278, and section 10d as added by 1993 PA 231, and by adding sections 9k and 9l; and to repeal acts and parts of acts.

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. Palsrok, Pavlov, Palmer, LaJoy, Elsenheimer, Moore, Pearce, Gillard, Miller, Byrnes, Kathleen Law, Bennett and Donigan

Nays: None

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Palsrok, Chair, of the Committee on Natural Resources, Great Lakes, Land Use, and Environment, was received and read:

Meeting held on: Thursday, January 19, 2006

Present: Reps. Palsrok, Pavlov, Meyer, Palmer, LaJoy, Elsenheimer, Moore, Pearce, Gillard, Miller, Byrnes, Kathleen Law, Bennett and Donigan

Absent: Rep. Ward

Excused: Rep. Ward

The Committee on Conservation, Forestry, and Outdoor Recreation, by Rep. Casperson, Chair, reported

Senate Bill No. 366, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 74103a.

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. Casperson, Hildenbrand, Garfield, Nitz, Stakoe, Baxter, Rocca, McDowell, Sheltrown, Gillard and Espinoza

Nays: None

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Casperson, Chair, of the Committee on Conservation, Forestry, and Outdoor Recreation, was received and read:

Meeting held on: Thursday, January 19, 2006

Present: Reps. Casperson, Hildenbrand, Garfield, Nitz, Stakoe, Baxter, Rocca, McDowell, Sheltrown, Gillard and Espinoza

The Committee on Insurance, by Rep. Hune, Chair, reported

House Bill No. 5387, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," (MCL 500.100 to 500.8302) by adding section 255.

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. Hune, Emmons, Ball, Hildenbrand, Marleau, Hood, Leland, Anderson, Wojno, Condino and Farrah

Nays: Reps. Robertson, Sheen and Mortimer

The Committee on Insurance, by Rep. Hune, Chair, reported

Senate Bill No. 736, entitled

A bill to amend 1846 RS 171, entitled "Of county jails and the regulation thereof," by amending sections 4 and 4a (MCL 801.4 and 801.4a), as amended by 1984 PA 119.

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. Hune, Robertson, Emmons, Sheen, Ball, Hildenbrand, Marleau, Mortimer, Hood, Leland, Anderson, Wojno, Condino and Farrah

Nays: None

The Committee on Insurance, by Rep. Hune, Chair, reported

House Resolution No. 162.

A resolution to memorialize the United States Congress to oppose the State Modernization and Regulatory Transparency (SMART) Act.

(For text of resolution, see House Journal No. 104 of 2005, p. 2323.)

With the recommendation that the resolution be adopted.

The resolution was laid over one day under the rules.

Favorable Roll Call

To Report Out:

Yeas: Reps. Hune, Robertson, Emmons, Sheen, Ball, Hildenbrand, Marleau, Mortimer, Hood, Leland, Anderson, Wojno, Condino and Farrah

Nays: None

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Thursday, January 19, 2006

Present: Reps. Hune, Robertson, Emmons, Gaffney, Sheen, Ball, Hildenbrand, Marleau, Mortimer, Hood, Leland, Anderson, Wojno, Condino and Farrah

Absent: Reps. David Law and Adamini

Excused: Reps. David Law and Adamini

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 Thursday, January 19:

House Bill Nos. 5551 5552 5553 5554 5555 5556 5557 5558 5559 5560

The Clerk announced that the following Senate bills had been received on Thursday, January 19:

Senate Bill Nos. 956 957

By unanimous consent the House returned to the order of

Messages from the Senate

House Bill No. 4244, entitled

A bill to amend 1941 PA 122, entitled "An act to establish the revenue collection duties of the department of treasury; to prescribe its powers and duties as the revenue collection agency of the state; to prescribe certain powers and duties of the state treasurer; to regulate the importation, stamping, and disposition of certain tobacco products; to provide for the transfer of powers and duties now vested in certain other state boards, commissions, departments and offices; to prescribe certain duties of and require certain reports from the department of treasury; to provide procedures for the payment, administration, audit, assessment, levy of interests or penalties on, and appeals of taxes and tax liability; to prescribe its powers and duties if an agreement to act as agent for a city to administer, collect, and enforce the city income tax act on behalf of a city is entered into with any city; to provide an appropriation; to abolish the state board of tax administration; to prescribe penalties and provide remedies; and to declare the effect of this act," (MCL 205.1 to 205.31) by adding section 21a.

The Senate has passed the bill and ordered that it be given immediate effect.

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

House Bill No. 5355, entitled

The Senate has substituted (S-1) the bill.

The Senate has passed the bill as substituted (S-1) and ordered that it be given immediate effect.