No. 22
STATE OF MICHIGAN
JOURNAL
OF THE
House of Representatives
93rd Legislature
REGULAR SESSION OF 2005
House Chamber, Lansing, Wednesday, March 16, 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--excused
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. Paul Condino, from the 35th District, offered the following invocation:
"An excerpt from the Chaplin's Service Book of Prayers that I felt was particularly appropriate for this esteem body:
A Prayer for Our Country
Almighty God, You have given us this great land as our heritage. We humbly pray that we may always remember Your generosity and faithfully do Your will. Bless our land with honest industry, truthful education and an honorable way of life. Defend our liberties and strengthen the resolve of the people who have come from throughout the world to make America their home. Let us choose the harder right instead of the easier wrong. Help us to appreciate the opportunities that are ours as we struggle to bring harmony to an unsettled world. May we balance our concern for justice with a willingness to display mercy, and may our concern for security be tempered with a willingness to take risks which will produce worthwhile change for the good of all people. When times are prosperous, let our hearts be thankful and in troubled times may our deepest trust be in You. Amen."
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Rep. Palmer moved that Rep. Wenke be excused from today's session.
The motion prevailed.
Second Reading of Bills
House Bill No. 4001, entitled
A bill to establish an undergraduate tuition waiver program for children of certain deceased or disabled members of the armed forces of the United States; to provide for the administration of the tuition waiver program; to prescribe certain powers and duties of certain state officers, agencies, and departments; and to repeal acts and parts of acts.
The bill was read a second time.
Rep. Caul moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 4002, entitled
A bill to amend 1946 (1st Ex Sess) PA 9, entitled "An act to create the Michigan veterans' trust fund, and to define who shall be eligible to receive assistance therefrom; to provide for the disbursement of the income thereof and surplus therein; to create a board of trustees, and to prescribe its powers and duties; to provide for county and district committees, and their powers, duties, and expenses; to prescribe penalties; and to make appropriations to carry out the provisions of this act," by repealing sections 1a, 1b, 1c, 1e, and 1f (MCL 35.601a, 35.601b, 35.601c, 35.601e, and 35.601f).
The bill was read a second time.
Rep. Moore 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. 4188, entitled
A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 51 (MCL 211.51), as amended by 1992 PA 97.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 37 Yeas--109
Accavitti Emmons Law, Kathleen Proos
Acciavatti Espinoza Leland Robertson
Adamini Farhat Lemmons, III Rocca
Amos Farrah Lemmons, Jr. Sak
Anderson Gaffney Lipsey Schuitmaker
Angerer Garfield Marleau Shaffer
Ball Gillard Mayes Sheen
Baxter Gleason McConico Sheltrown
Bennett Gonzales McDowell Smith, Alma
Bieda Gosselin Meisner Smith, Virgil
Booher Green Meyer Spade
Brandenburg Hansen Miller Stahl
Brown Hildenbrand Moolenaar Stakoe
Byrnes Hood Moore Steil
Byrum Hoogendyk Mortimer Stewart
Casperson Hopgood Murphy Taub
Caswell Huizenga Newell Tobocman
Caul Hummel Nitz Vagnozzi
Cheeks Hune Nofs Van Regenmorter
Clack Hunter Palmer Vander Veen
Clemente Jones Palsrok Walker
Condino Kahn Pastor Ward
Cushingberry Kehrl Pavlov Waters
DeRoche Kolb Pearce Whitmer
Dillon Kooiman Phillips Williams
Donigan LaJoy Plakas Wojno
Drolet Law, David Polidori Zelenko
Elsenheimer
Nays--0
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. Accavitti, Anderson, Angerer, Ball, Bieda, Booher, Brandenburg, Brown, Byrnes, Casperson, Caswell, Clack, Clemente, Condino, Cushingberry, Dillon, Donigan, Elsenheimer, Emmons, Espinoza, Farhat, Garfield, Gleason, Gonzales, Gosselin, Hansen, Hildenbrand, Huizenga, Hunter, Jones, Kahn, Kehrl, Kooiman, David Law, Lemmons, III, Lemmons, Jr., Marleau, McConico, McDowell, Moolenaar, Moore, Mortimer, Murphy, Nitz, Nofs, Palsrok, Pastor, Pavlov, Pearce, Phillips, Polidori, Proos, Robertson, Sak, Shaffer, Sheltrown, Spade, Stahl, Stewart, Taub, Vagnozzi, Vander Veen, Wojno and Zelenko were named co-sponsors of the bill.
House Bill No. 4025, entitled
A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 8507 (MCL 600.8507), as amended by 1994 PA 5.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 38 Yeas--109
Accavitti Emmons Law, Kathleen Proos
Acciavatti Espinoza Leland Robertson
Adamini Farhat Lemmons, III Rocca
Amos Farrah Lemmons, Jr. Sak
Anderson Gaffney Lipsey Schuitmaker
Angerer Garfield Marleau Shaffer
Ball Gillard Mayes Sheen
Baxter Gleason McConico Sheltrown
Bennett Gonzales McDowell Smith, Alma
Bieda Gosselin Meisner Smith, Virgil
Booher Green Meyer Spade
Brandenburg Hansen Miller Stahl
Brown Hildenbrand Moolenaar Stakoe
Byrnes Hood Moore Steil
Byrum Hoogendyk Mortimer Stewart
Casperson Hopgood Murphy Taub
Caswell Huizenga Newell Tobocman
Caul Hummel Nitz Vagnozzi
Cheeks Hune Nofs Van Regenmorter
Clack Hunter Palmer Vander Veen
Clemente Jones Palsrok Walker
Condino Kahn Pastor Ward
Cushingberry Kehrl Pavlov Waters
DeRoche Kolb Pearce Whitmer
Dillon Kooiman Phillips Williams
Donigan LaJoy Plakas Wojno
Drolet Law, David Polidori Zelenko
Elsenheimer
Nays--0
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.
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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. Hoogendyk, Baxter, Booher, Casperson, Caswell, Elsenheimer, Gleason, Gonzales, Gosselin, Hansen, Jones, LaJoy, Lemmons, Jr., Marleau, Meyer, Mortimer, Nofs, Palmer, Pastor, Robertson, Rocca, Sak, Shaffer, Stahl, Stakoe, Taub, Vander Veen, Hummel, Lemmons, III and Sheltrown offered the following resolution:
House Resolution No. 36.
A resolution recognizing March 16th, 2005, as Liberty Day in the state of Michigan.
Whereas, Each citizen of the United States of America can personally respect the rights and liberties enumerated in the Declaration of Independence and the U.S. Constitution, which includes the Bill of Rights; and
Whereas, James Madison, with all the strength and courage given to him by his Creator, contributed to the Virginia Plan as a model and basis for a new constitution, further establishing our new form of government and replacing the Articles of Confederation; and
Whereas, Madison pursued the commonwealth of the United States by writing, in conjunction with John Jay and Alexander Hamilton, articles to various newspapers promoting the new constitution, the Federalists Papers; and
Whereas, James Madison served in the United States House of Representatives from 1789-1797, during which time he introduced to Congress the Bill of Rights, and was the President of the United States from 1809-1817; and
Whereas, March 16th, 2005, is the 254th anniversary of the birth of James Madison, the 'Father of the Constitution,' and the official Liberty Day as recognized by the Congress of the United States; now, therefore, be it
Resolved by the House of Representatives, That the members of this legislative body recognize March 16th, 2005, as Liberty Day in the state of Michigan.
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.
Reports of Standing Committees
The Committee on Judiciary, by Rep. Van Regenmorter, Chair, reported
House Bill No. 4327, entitled
A bill to amend 1965 PA 213, entitled "An act to provide for setting aside the conviction in certain criminal cases; to provide for the effect of such action; to provide for the retention of certain nonpublic records and their use; to prescribe the powers and duties of certain public agencies and officers; and to prescribe penalties," by amending section 1 (MCL 780.621), as amended by 2002 PA 472; and to repeal acts and parts of acts.
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. Van Regenmorter, Schuitmaker, Newell, Nofs, Stakoe, Jones, Rocca, Lipsey, Condino, Adamini, McConico, Bieda and Virgil Smith
Nays: Reps. Elsenheimer and David Law
The Committee on Judiciary, by Rep. Van Regenmorter, Chair, reported
House Bill No. 4356, entitled
A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 2919a (MCL 600.2919a).
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. Van Regenmorter, Schuitmaker, Newell, Nofs, Stakoe, Elsenheimer, Jones, David Law, Rocca, Lipsey, Condino, McConico, 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, March 16, 2005
Present: Reps. Van Regenmorter, Schuitmaker, Newell, Nofs, Stakoe, Elsenheimer, Jones, David Law, Rocca, Lipsey, Condino, Adamini, McConico, Bieda and Virgil Smith
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Moore, Vice-Chair, of the Committee on Veterans Affairs and Homeland Security, was received and read:
Meeting held on: Tuesday, March 15, 2005
Present: Reps. Garfield, Moore, Mortimer, Pavlov, Rocca, Espinoza, Sheltrown, Spade and Polidori
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Nitz, Chair, of the Committee on Agriculture, was received and read:
Meeting held on: Tuesday, March 15, 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. Robertson, Chair, of the Committee on Banking and Financial Services, was received and read:
Meeting held on: Wednesday, March 16, 2005
Present: Reps. Robertson, Green, Huizenga, Hune, Palsrok, Hunter, Dillon, Clemente and Mayes
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Palmer, Chair, of the Committee on Education, was received and read:
Meeting held on: Wednesday, March 16, 2005
Present: Reps. Palmer, Mortimer, Gosselin, Meyer, Hoogendyk, Vander Veen, Ball, Elsenheimer, Hildenbrand, Pearce, Proos, Hopgood, Miller, Angerer, Lemmons, III, Virgil Smith, Kehrl and Clack
Absent: Rep. Wenke
Excused: Rep. Wenke
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 Wednesday, March 16:
House Bill Nos. 4483 4484 4485 4486 4487 4488 4489 4490 4491 4492 4493 4494 4495 4496 4497 4498 4499 4500 4501 4502 4503
The Clerk announced that the following Senate bills had been received on Wednesday, March 16:
Senate Bill Nos. 74 134 136 193
By unanimous consent the House returned to the order of
Messages from the Senate
House Bill No. 4210, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 617, 617a, 618, and 619 (MCL 257.617, 257.617a, 257.618, and 257.619), section 617 as amended by 2001 PA 159 and section 619 as amended by 1999 PA 73.
The Senate has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The House agreed to the full title.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 4233, entitled
A bill to amend 1995 PA 279, entitled "Horse racing law of 1995," by amending section 16 (MCL 431.316).
The Senate has substituted (S-3) the bill.
The Senate has passed the bill as substituted (S-3), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The Speaker announced that pursuant to Rule 45, the bill was laid over one day.
Senate Bill No. 74, entitled
A bill to amend 2002 PA 712, entitled "Michigan Amber alert act," (MCL 28.751 to 28.753) by amending the title and by adding section 4.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Judiciary.
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 Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Senate Bill No. 136, entitled
A bill to prohibit the issuance or manufacture of false academic credentials; and to provide remedies.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Higher Education and Career Preparation.
Senate Bill No. 193, entitled
A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 8117 (MCL 600.8117), as amended by 1997 PA 161.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Senate Concurrent Resolution No. 12.
A concurrent resolution to memorialize Congress to enact highway reauthorization legislation with a level of funding that closes the gap between federal fuel tax dollars paid by Michigan motorists and dollars received to address Michigan's transportation needs.
Whereas, The sixth short-term extension of the federal road and transit funding authorization act known as the Transportation Equity Act for the 21st Century, or TEA 21, expires on May 31, 2005. The uncertainty regarding long-term federal funding hampers Michigan's ability to effectively plan investments in infrastructure and may contribute to delays in critical highway and transit projects; and
Whereas, Michigan has long been a "donor state," contributing a greater share to the Federal Highway Trust Fund and Mass Transit Account than the share of federal transportation funds returned for use in Michigan; and
Whereas, Last session, the United States Senate passed highway reauthorization legislation that would have provided $318 billion for highways and transit systems nationwide over six years and increased Michigan's rate of return on our federal transportation taxes from 90.5 percent to 95 percent. In addition, the bill would have provided up to $300 million more for Michigan transportation systems each year, and could have created several thousand new jobs. The House passed reauthorizing legislation that would have provided $284 billion for highways and transit systems and would have reduced Michigan's rate of return below the current level of 90.5 percent. The Conference Committee narrowed the funding difference to between $284 and $299 billion, but left unresolved the question of funding equity for donor states such as Michigan; now, therefore, be it
Resolved by the Senate (the House of Representatives concurring), That we memorialize Congress to enact highway reauthorization legislation with a level of funding that closes the gap between federal fuel tax dollars paid by Michigan motorists and dollars received to address Michigan's transportation needs; 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 Senate has adopted the concurrent resolution.
Reps. Accavitti, Adamini, Anderson, Baxter, Booher, Brown, Byrnes, Byrum, Casperson, Caswell, Clack, Elsenheimer, Farrah, Gillard, Gleason, Gonzales, Gosselin, Hansen, Hildenbrand, Jones, LaJoy, Lemmons, Jr., Marleau, Mayes, Meyer, Miller, Mortimer, Nofs, Palmer, Robertson, Rocca, Sak, Stahl, Stakoe, Taub, Tobocman, Vagnozzi, Vander Veen, Walker, Ward and Zelenko were named co-sponsors of the concurrent resolution.
The concurrent resolution was referred to the Committee on Transportation.
Introduction of Bills
Reps. Wojno, Accavitti, Sak, Whitmer, Gillard, Byrnes, Marleau and Lemmons, III introduced
House Bill No. 4504, entitled
A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding section 21525.
The bill was read a first time by its title and referred to the Committee on Health Policy.
Reps. Casperson, Drolet, Nitz, Mortimer, Acciavatti, Emmons, Pastor, Stahl, Meyer, Huizenga, Hummel, Gosselin, LaJoy, Hune, Gleason, Shaffer, Garfield, Palmer, Hoogendyk, Brown, Plakas, Spade, Sheltrown, Kehrl, Espinoza, Brandenburg, Stakoe, Wojno, Farrah, Leland, Hildenbrand, Amos, Adamini, Anderson, Donigan, Gillard, Stewart, DeRoche, Caswell, Accavitti, Ward, Kathleen Law, Baxter and Moore introduced
House Bill No. 4505, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 658 (MCL 257.658), as amended by 2002 PA 494.
The bill was read a first time by its title and referred to the Committee on Transportation.
Reps. Dillon, Mayes, Miller, Meisner, Waters, Kehrl, Polidori, Stewart, Clemente and Leland introduced
House Bill No. 4506, entitled
A bill to amend 1976 PA 451, entitled "The revised school code," by amending sections 502 and 1311d (MCL 380.502 and 380.1311d), section 502 as amended by 1995 PA 289 and section 1311d as added by 1999 PA 23.
The bill was read a first time by its title and referred to the Committee on Education.
Reps. Baxter and Ward introduced
House Bill No. 4507, entitled
A bill to amend 1986 PA 54, entitled "Building officials and inspectors registration act," by amending the title and sections 2, 3, 4, 6, 7, 8, 10, 12, and 13 (MCL 338.2302, 338.2303, 338.2304, 338.2306, 338.2307, 338.2308, 338.2310, 338.2312, and 338.2313), section 3 as amended by 1998 PA 50, and by adding sections 2a, 8a, 8b, 8c, 8d, 8e, 8f, and 8g; and to repeal acts and parts of acts.
The bill was read a first time by its title and referred to the Committee on Commerce.
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Rep. Sheen moved that the House adjourn.
The motion prevailed, the time being 2:05 p.m.
The Speaker Pro Tempore declared the House adjourned until Thursday, March 17, at 10:30 a.m.
GARY L. RANDALL
Clerk of the House of Representatives