2005-HJ-02-02-004.htm

No. 4

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

93rd Legislature

REGULAR SESSION OF 2005

House Chamber, Lansing, Wednesday, February 2, 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--excused

Brandenburg--excused Hansen--present Moolenaar--excused 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--excused Nofs--present Van Regenmorter--present

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

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

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--present

Elsenheimer--present Law, Kathleen--present

e/d/s = entered during session

Rep. Stephen Adamini, from the 109th District, offered the following invocation:

"Dear God, Creator of us all. We thank You for the privilege of serving the citizens of our state in this body. We ask You for the strength, humility, generosity, kindness and resources so that we may feed the hungry, provide drink for those who thirst, clothe those who lack for garments, comfort those who are sick and provide companionship for those who are outcasts. For if we do that for the least of those amongst us, we do it for You. May You bless the United States of America, the state of Michigan, this honorable Chamber and all of its members. Amen."

______

Rep. Emmons moved that Reps. Brandenburg, Hummel, Moolenaar, Palmer, Stahl and Walker be excused from today's session.

The motion prevailed.

The Speaker assumed the Chair.

Motions and Resolutions

The Speaker, on behalf of the entire membership of the House of Representatives, offered the following resolution:

House Resolution No. 15.

A resolution of tribute offered as a memorial for Jelt Sietsema, former member of the House of Representatives.

Whereas, The members of the Michigan House of Representatives were saddened to learn of the passing of Jelt Sietsema, a gentleman of deep commitment and compassion who served this legislative body for 18 years. His long and distinguished tenure of legislative service to the people of his Kent County district was marked by the unselfishness that he displayed in all aspects of his public life; and

Whereas, A native of Grand Rapids, Jelt Sietsema served his country in the Army for three years in Europe during World War II. This strong sense of loyalty to his fellow citizens never left him. He was a devoted family man who was working at a Grand Rapids fabrication plant when he began his pursuit of state elective office with his election to the House of Representatives in 1968; and

Whereas, In Lansing, Jelt Sietsema was known as a gentleman of great personal integrity and as a hardworking lawmaker. He was especially committed to the care of those with disabilities and special needs. Among his many accomplishments as a legislator were his effectiveness as chair of the Public Safety Committee for several years, his sponsorship of legislation requiring curb cuts, and his efforts as chair of the Public Health Committee. Even after his nine terms at the Capitol, he devoted himself to the people of his community as a member of the Kent County Board of Commissioners for eight years; now, therefore, be it

Resolved by the House of Representatives, That we offer this expression of our highest tribute to honor the memory of Jelt Sietsema, a member of this legislative body from 1969 to 1986; and be it further

Resolved, That copies of this resolution be transmitted to the Sietsema family as evidence of our lasting esteem for his memory.

The question being on the adoption of the resolution,

The resolution was adopted by unanimous standing vote.

______

Rep. Ward moved that House Committees be given leave to meet during the balance of today's session.

The motion prevailed.

Reports of Standing Committees

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Garfield, Chair, of the Committee on Veterans Affairs and Homeland Security, was received and read:

Meeting held on: Tuesday, February 1, 2005

Present: Reps. Garfield, Moore, Mortimer, Pavlov, Rocca, Espinoza, Sheltrown, Spade and Polidori

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, February 1, 2005

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

Absent: Rep. Virgil Smith

Excused: Rep. Virgil Smith

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 2, 2005

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

Absent: Rep. Stahl

Excused: Rep. Stahl

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Ward, Chair, of the Committee on House Oversight, Elections, and Ethics, was received and read:

Meeting held on: Wednesday, February 2, 2005

Present: Reps. Ward, Elsenheimer, Gaffney, Meisner and Gillard

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, February 2, 2005

Present: Reps. Van Regenmorter, Schuitmaker, Newell, Nofs, Stakoe, Elsenheimer, Jones, David Law, Rocca, Lipsey, Condino, Adamini, McConico, Bieda and Virgil Smith

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, February 2:

House Bill Nos. 4082 4083 4084 4085 4086 4087 4088 4089 4090 4091 4092 4093 4094 4095 4096 4097 4098 4099 4100 4101 4102 4103 4104 4105 4106 4107 4108 4109 4110 4111 4112 4113 4114 4115 4116 4117 4118 4119 4120 4121 4122 4123 4124 4125 4126 4127 4128 4129 4130 4131 4132 4133 4134 4135 4136 4137 4138 4139 4140 4141 4142

House Joint Resolution C

Communications from State Officers

The following communications from the Family Independence Agency were received and read:

January 28, 2005

Pursuant to Section 1002 of P.A. 344 of 2004, we are enclosing a copy of the following reports:

Type of ReportFacilityReport #License #

Renewal Mackinac County FIA CP490201268

Special Sequoyah Center 2005C0207003 CS470201401

Investigation Report

This report was performed in compliance with the requirements of P.A. 116 of 1973 as amended, and the Administrative Rules for Child Caring Institutions. The report may also be viewed on our website, within 48 hours, under "News, Publications & Information" at the following address: http://www.michigan.gov/fia/.

If you have any questions regarding this information, please feel free to contact Miriam E.J. Bullock at 517-373-8383.

January 28, 2005

Pursuant to Section 1002 of P.A. 344 of 2004, we are enclosing a copy of the following reports:

Type of ReportFacilityReport #License #

Renewal Chippewa County FIA CP170201061

Interim Dickinson County FIA CP220201095

If you have any questions regarding this information, please feel free to contact Miriam E.J. Bullock at 517-373-8383.

January 28, 2005

Pursuant to Section 1002 of P.A. 344 of 2004, we are enclosing a copy of the following reports:

Type of ReportFacilityReport #License #

Renewal Northern Michigan Adoption CP280201328 Program

If you have any questions regarding this information, please feel free to contact Miriam E.J. Bullock at 517-373-8383.

January 28, 2005

Pursuant to Section 1002 of P.A. 344 of 2004, we are enclosing a copy of the following reports:

Type of ReportFacilityReport #License #

Special Woodland Center 2005C0207001 CS470245817

Investigation Report

If you have any questions regarding this information, please feel free to contact Miriam E.J. Bullock at 517-373-8383.

Sincerely,

Marianne Udow

Director

The communications were referred to the Clerk.

The following communication from the Department of State Police was received and read:

January 28, 2005

On behalf of the Michigan Automobile Theft Prevention Authority (ATPA) Board of Directors, I am pleased to submit our 2004 Annual Report to the House. I am proud to report that Michigan is carrying on its fight against automobile theft.

This report is in accordance with provisions of Act 174 of 1992. Copies have also been delivered to Governor Granholm and the Secretary of the Senate. Furthermore, individual reports are being mailed to all members of the legislature.

If you would like additional copies, please contact the ATPA at (517) 336-6197.

Sincerely,

Col. Tadarial J. Sturdivant

Director

The communication was referred to the Clerk.

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

February 1, 2005

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

Performance audit of the

Cadillac Local Development Finance Authority

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

Rep. Moolenaar introduced

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.

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

Rep. Moolenaar introduced

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.

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

Rep. Rocca introduced

House Bill No. 4145, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by amending the title, as amended by 1996 PA 434, and by adding sections 43540a and 43540c.

The bill was read a first time by its title and referred to the Committee on Conservation, Forestry, and Outdoor Recreation.

Reps. Farhat and Accavitti introduced

House Bill No. 4146, entitled

A bill to amend 1998 PA 58, entitled "Michigan liquor control code of 1998," by amending section 1201 (MCL 436.2201) and by adding section 521a.

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

Reps. Farhat and Gosselin introduced

House Bill No. 4147, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 76111a.

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. LaJoy, Drolet, Mortimer, Gosselin, Nitz, Acciavatti, Casperson, Garfield, Taub, Baxter, Hoogendyk, Rocca, Schuitmaker, Ball, Marleau, Pearce, Robertson and Van Regenmorter introduced

House Bill No. 4148, entitled

A bill to consolidate certain state human resource operations in the department of civil service; to create certain offices; and to impose certain duties and responsibilities on certain state officials and employees.

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

Reps. Condino, Tobocman, Kathleen Law, Plakas, Bieda, Lipsey, Vagnozzi, Gleason, Sak, Clack, Wojno and Accavitti introduced

House Bill No. 4149, entitled

A bill to amend 1956 PA 218, entitled "The insurance code of 1956," by amending section 4507 (MCL 500.4507), as added by 1995 PA 276, and by adding section 2006a; and to repeal acts and parts of acts.

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

Reps. Condino, Tobocman, Kathleen Law, Plakas, Bieda, Lipsey, Vagnozzi, Gleason, Sak, Clack, Accavitti, Wojno, Brown, Cheeks, Hunter, Lemmons, Jr., Anderson, Hood, Murphy, Zelenko and Meisner introduced

House Bill No. 4150, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," (MCL 380.1 to 380.1852) by adding section 1180.

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

Reps. Kolb, Condino, Miller, Bieda, Kathleen Law, Lipsey, Whitmer, Meisner, Alma Smith, McConico, Donigan, Bennett, Angerer, McDowell, Wojno, Hopgood, Anderson, Polidori, Vagnozzi, Kehrl, Gonzales, Gillard, Gleason, Hunter, Farrah, Sak, Espinoza and Tobocman introduced

House Bill No. 4151, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 32701, 32702, 32705, 32706, 32707, 32708, 32709, 32710, 32711, 32712, and 32713 (MCL 324.32701, 324.32702, 324.32705, 324.32706, 324.32707, 324.32708, 324.32709, 324.32710, 324.32711, 324.32712, and 324.32713), sections 32701, 32705, 32707, and 32708 as amended by 2003 PA 148, sections 32702, 32709, 32710, 32711, and 32713 as added by 1995 PA 59, and sections 32706 and 32712 as amended by 1996 PA 434, and by adding sections 32702a, 32712a, 32712b, 32712c, 32712d, 32712e, 32712f, 32712g, 32713a, 32715, 32716, and 32717.

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. Kolb, Condino, Tobocman, Meisner and Lemmons, III introduced

House Bill No. 4152, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 907 (MCL 257.907), as amended by 2004 PA493.

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

Reps. Kolb, Condino, Tobocman, Meisner and Lemmons, III introduced

House Bill No. 4153, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 710e (MCL 257.710e), as amended by 1999 PA 29.

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

Reps. Kolb, Condino, Kathleen Law, Tobocman, Meisner and Lemmons, III introduced

House Bill No. 4154, entitled

A bill to require certain providers of electric service to comply with a portfolio standard for renewable energy; to prescribe the powers and duties of certain state agencies and officials; and to provide for penalties.

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

Reps. Kolb, Condino, Miller, Bieda, Kathleen Law, Tobocman, Whitmer, Meisner and Lemmons, III introduced

House Bill No. 4155, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 5502a.

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. Kolb, Condino, Miller, Bieda, Kathleen Law, Tobocman, Whitmer, Meisner and Lemmons, III introduced

House Bill No. 4156, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 11514 (MCL 324.11514), as amended by 2004 PA 34.

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. Vagnozzi, Miller, Murphy, Anderson, Bieda, Lemmons, Jr., Donigan, Kolb, Espinoza, Tobocman and McConico introduced

House Bill No. 4157, entitled

A bill entering into the midwest pharmaceutical compact; and for related purposes.

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

Reps. Vagnozzi, Kehrl, Sheltrown, Wojno, Gonzales, Zelenko, Gillard, Alma Smith, Murphy, Anderson, Bieda, Donigan, Kolb, Espinoza, Tobocman, Byrnes, Virgil Smith and McConico introduced

House Bill No. 4158, entitled

A bill to amend 1954 PA 116, entitled "Michigan election law," by amending sections 672, 674, 720, and 735 (MCL 168.672, 168.674, 168.720, and 168.735), section 674 as amended by 1996 PA 207 and section 735 as amended by 2004 PA 92, and by adding section 720a.

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

Reps. Bieda, Condino, Gleason, Gillard, Vagnozzi, Anderson, Lemmons, Jr., Hunter, Espinoza, Kathleen Law, Hune, Gaffney, Hildenbrand and Lemmons, III introduced

House Bill No. 4159, entitled

A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding section 21788.

The bill was read a first time by its title and referred to the Committee on Senior Health, Security, and Retirement.

Reps. Pastor, Byrnes, Gosselin and Garfield introduced

House Bill No. 4160, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 8401 (MCL 600.8401), as amended by 1999 PA 27.

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

Reps. Pastor and Gosselin introduced

House Bill No. 4161, entitled

A bill to amend 1996 PA 305, entitled "Acknowledgment of parentage act," by repealing section 6 (MCL 722.1006).

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

Rep. Pastor introduced

House Bill No. 4162, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," (MCL 257.1 to 257.923) by adding section 811m.

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

Reps. Pastor, Gosselin, Sak and Garfield introduced

House Bill No. 4163, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 479a (MCL 750.479a),as amended by 2002 PA 270.

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

Rep. Pastor introduced

House Bill No. 4164, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 811e (MCL 257.811e), as amended by 2001 PA 124.

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

Reps. Pastor and Garfield introduced

House Bill No. 4165, 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. Pastor and Gosselin introduced

House Bill No. 4166, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," (MCL 750.1 to 750.568) by adding section 81e.

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

Rep. Pastor introduced

House Bill No. 4167, entitled

A bill to amend 1992 PA 234, entitled "The judges retirement act of 1992," (MCL 38.2101 to 38.2670) by adding section 513.

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

Reps. Pastor, Gosselin and Garfield introduced

House Bill No. 4168, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 521.

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. Pastor and Gosselin introduced

House Bill No. 4169, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending sections 4921 and 4969 (MCL 600.4921 and 600.4969), as added by 1986 PA 178.

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

Reps. Pastor and Byrnes introduced

House Bill No. 4170, entitled

A bill to amend 1976 PA 331, entitled "Michigan consumer protection act," by amending section 3 (MCL 445.903), as amended by 2004 PA 462.

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

Reps. Pastor, Gosselin and Sak introduced

House Bill No. 4171, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 5739 (MCL 600.5739).

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

Reps. Leland, Tobocman, Hunter, Lipsey, Kathleen Law and Clack introduced

House Bill No. 4172, entitled

A bill to amend the Initiated Law of 1976, entitled "A petition to initiate legislation to provide for the use of returnable containers for soft drinks, soda water, carbonated natural or mineral water, other nonalcoholic carbonated drink, and for beer, ale, or other malt drink of whatever alcoholic content, and for certain other beverage containers; to provide for the use of unredeemed bottle deposits; to prescribe the powers and duties of certain state agencies and officials; and to prescribe penalties and provide remedies," by amending section 1 (MCL 445.571), as amended by 1989 PA 93.

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. Leland, Alma Smith, Tobocman, Gleason, McConico, Hunter, Gonzales, Brown, Kathleen Law, Bieda and Phillips introduced

House Bill No. 4173, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending section 21720a (MCL 333.21720a).

The bill was read a first time by its title and referred to the Committee on Senior Health, Security, and Retirement.

Reps. Gonzales, Bieda, Farrah, Vagnozzi, Gleason, Condino, Clack, Murphy and Brown introduced

House Bill No. 4174, entitled

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

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

Reps. Bieda, Gonzales, Farrah, Vagnozzi, Gleason, Condino, Clack, Murphy and Brown introduced

House Bill No. 4175, entitled

A bill to amend 1936 (Ex Sess) PA 1, entitled "Michigan employment security act," by amending section 3 (MCL 421.3), as amended by 2003 PA 174.

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

Reps. Farrah, Bieda, Vagnozzi, Gleason, Condino, Clack, Murphy, Brown and Gonzales introduced

House Bill No. 4176, entitled

A bill to amend 1936 (Ex Sess) PA 1, entitled "Michigan employment security act," by amending the title and section 5b (MCL 421.5b), the title as amended by 1991 PA 10 and section 5b as added by 2002 PA 192.

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

______

Rep. Whitmer moved that the House adjourn.

The motion prevailed, the time being 2:30 p.m.

The Speaker declared the House adjourned until Thursday, February 3, at 10:30 a.m.

GARY L. RANDALL

Clerk of the House of Representatives