No. 3
STATE OF MICHIGAN
JOURNAL
OF THE
House of Representatives
93rd Legislature
REGULAR SESSION OF 2006
House Chamber, Lansing, Wednesday, January 18, 2006.
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 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--excused Nitz--present Van Regenmorter--excused
Cheeks--present Hummel--present Nofs--present Vander Veen--present
Clack--present Hune--present Palmer--present Walker--present
Clemente--present Hunter--present 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--excused Wojno--present
Drolet--present Law, David--present Proos--present Zelenko--present
e/d/s = entered during session
Rep. Tom Pearce, from the 73rd District, offered the following invocation:
"The 100 Psalms states:
Shout for joy to the Lord, all the earth. Worship the Lord with gladness; come before him with joyful songs. Know that the Lord is God. It is He who made us, and we are His; we are His people, the sheep of His pasture. Enter His gates with thanksgiving and His courts with praise; give thanks to Him and praise His name. For the Lord is good and His love endures forever; His faithfulness continues through all generations.
Father, may we never forget Your faithfulness to us. May we lean on Your strength, may we lean on Your wisdom, as we decide on issues that face this great state. Today, as we are honoring those that went from our state to serve our country, during the devastation of Katrina, may we all be reminded to care for those that are in need around us, to love those that are hurting and to reach out with help to those that need it. We ask this in Your name, Amen."
______
The Speaker assumed the Chair.
Rep. Sak moved that Reps. Adamini, Polidori, McConico and Cushingberry be excused from today's session.
The motion prevailed.
Rep. Palmer moved that Reps. Huizenga, Van Regenmorter and Ward be excused from today's session.
The motion prevailed.
Motions and Resolutions
The Speaker and Minority Leader, on behalf of the entire membership of the House of Representatives, offered the following resolution:
House Resolution No. 180.
A resolution to honor Michigan volunteers for their service in aiding hurricane victims.
Whereas, It is with great pride that we honor Michigan volunteers from civic groups, government affiliations, and law enforcement agencies who selflessly volunteered to participate in volunteer efforts and opportunities for Hurricane Katrina victims in the Gulf region. We commend each of the men and women who have notably represented the great state of Michigan with their volunteer efforts and their courage to help those in need; and
Whereas, These brave men and women assisted in saving the lives of injured and helpless hurricane victims who were separated from their families and loved ones. They have unselfishly sacrificed their time and services to make a difference in people's lives and comfort those who have lost everything. Their willingness to put the safety of others before their own touches our hearts and gives the victims a new outlook on life; and
Whereas, The lives you have touched will be forever grateful and will give them additional hope and courage toward a brighter future. Your families have also selflessly allowed you to give of your time and serve these people in this capacity. We thank them for permitting you to leave for a short time to serve the hurricane victims and the state of Michigan. Your efforts will always be remembered and will mend the hearts and lives you saved; now, therefore, be it
Resolved by the House of Representatives, That the members of this legislative body offer this resolution as an honorable commemoration for all Michigan volunteers; and be it further
Resolved, That a copy of this resolution be transmitted to volunteers as a reflection of their dedication and service to the victims of Hurricane Katrina.
Pending the reference of the resolution to a committee,
Rep. Hildenbrand 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.
______
The Speaker called the Speaker Pro Tempore to the Chair.
Second 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 second time, and the question being on the adoption of the proposed substitute (H-2) previously recommended by the Committee on Transportation,
The substitute (H-2) was adopted, a majority of the members serving voting therefor.
Rep. Pearce moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
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 second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Transportation,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Palmer moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 5241, entitled
A bill to amend 1990 PA 187, entitled "The pupil transportation act," by amending section 61 (MCL 257.1861).
The bill was read a second time.
Rep. Palmer 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. 5374, entitled
A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending sections 507, 508, 517, 518, 542, 549a, 549g, 803, 8134, and 8135 (MCL 600.507, 600.508, 600.517, 600.518, 600.542, 600.549a, 600.549g, 600.803, 600.8134, and 600.8135), section 507 as amended by 2001 PA 252, sections 508 and 8134 as amended by 2001 PA 253, sections 517 and 803 as amended by 2002 PA 715, section 518 as amended by 2001 PA 256, section 542 as amended by 1984 PA 95, section 549g as added by 1981 PA 182, and section 8135 as amended by 1982 PA 161.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 2 Yeas--101
Accavitti Emmons Law, Kathleen Robertson
Acciavatti Espinoza Leland Rocca
Amos Farhat Lemmons, III Sak
Anderson Farrah Lemmons, Jr. Schuitmaker
Angerer Gaffney Lipsey Shaffer
Ball Garfield Marleau Sheen
Baxter Gillard Mayes Sheltrown
Bennett Gleason McDowell Smith, Alma
Bieda Gonzales Meisner Smith, Virgil
Booher Gosselin Meyer Spade
Brandenburg Green Miller Stahl
Brown Hansen Moolenaar Stakoe
Byrnes Hildenbrand Moore Steil
Byrum Hood Mortimer Stewart
Casperson Hoogendyk Murphy Taub
Caswell Hopgood Newell Tobocman
Caul Hummel Nitz Vagnozzi
Cheeks Hune Nofs Vander Veen
Clack Hunter Palmer Walker
Clemente Jones Palsrok Waters
Condino Kahn Pastor Wenke
DeRoche Kolb Pavlov Whitmer
Dillon Kooiman Pearce Williams
Donigan LaJoy Plakas Wojno
Drolet Law, David Proos Zelenko
Elsenheimer
Nays--0
In The Chair: Kooiman
The question being on agreeing to the title of the bill,
Rep. Hildenbrand moved to amend the title to read as follows:
A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending sections 507, 508, 517, 518, 549a, and 549g (MCL 600.507, 600.508, 600.517, 600.518, 600.549a, and 600.549g), section 507 as amended by 2001 PA 252, section 508 as amended by 2001 PA 253, section 517 as amended by 2002 PA 715, section 518 as amended by 2001 PA 256, and section 549g as added by 1981 PA 182.
The motion prevailed.
The House agreed to the title as amended.
Rep. Hildenbrand moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
______
Rep. Hildenbrand 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
Reports of Standing Committees
The Committee on Agriculture, by Rep. Nitz, Chair, reported
Senate Bill No. 788, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 685, 686, 688, and 695 (MCL 257.685, 257.686, 257.688, and 257.695), sections 686 and 688 as amended by 1990 PA 98 and section 695 as amended by 1995 PA 221, and by adding section 684a.
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. Nitz, Ball, Newell, Casperson, Stahl, Proos, Hune, Mayes, Spade, Kathleen Law and Sheltrown
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Nitz, Chair, of the Committee on Agriculture, was received and read:
Meeting held on: Tuesday, January 17, 2006
Present: Reps. Nitz, Ball, Newell, Casperson, Stahl, Proos, Hune, Mayes, Spade, Kathleen Law and Sheltrown
The Committee on Banking and Financial Services, by Rep. Robertson, Chair, reported
House Bill No. 4976, entitled
A bill to amend 1978 PA 232, entitled "An act to permit banks and savings and loan associations to suspend business in the event of an existing or impending emergency; to prescribe the powers and duties of bank and savings and loan association officers and certain state officials; and to declare the legal effect of the suspensions of business authorized by this act," by amending the title and sections 1, 2, 3, 4, 5, and 6 (MCL 487.941, 487.942, 487.943, 487.944, 487.945, and 487.946).
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. Robertson, Hune, Palsrok, Hunter, Dillon, Clemente and Mayes
Nays: None
The Committee on Banking and Financial Services, by Rep. Robertson, Chair, reported
House Bill No. 5045, entitled
A bill to amend 1987 PA 96, entitled "The mobile home commission act," by amending sections 30b and 30c (MCL 125.2330b and 125.2330c).
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. Robertson, Hune, Palsrok, Hunter, Dillon, Clemente and Mayes
Nays: None
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, January 18, 2006
Present: Reps. Robertson, Hune, Palsrok, Hunter, Dillon, Clemente and Mayes
Absent: Reps. Green and Huizenga
Excused: Reps. Green and 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, January 18, 2006
Present: Reps. Palmer, Mortimer, Gosselin, Meyer, Hoogendyk, Vander Veen, Wenke, Ball, Hildenbrand, Pearce, Proos, Robertson, Hopgood, Miller, Angerer, Virgil Smith, Clack and Vagnozzi
Absent: Rep. Polidori
Excused: Rep. Polidori
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Elsenheimer, Vice-Chair, of the Committee on House Oversight, Elections, and Ethics, was received and read:
Meeting held on: Wednesday, January 18, 2006
Present: Reps. Elsenheimer, Gaffney, Meisner and Gillard
Absent: Rep. Ward
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, January 18:
House Bill Nos. 5546 5547 5548 5549 5550
Introduction of Bills
Rep. Mortimer introduced
House Bill No. 5551, entitled
A bill to amend 1998 PA 58, entitled "Michigan liquor control code of 1998," by amending section 513 (MCL 436.1513), as amended by 2004 PA 141.
The bill was read a first time by its title and referred to the Committee on Regulatory Reform.
Reps. Hune, Gaffney and Mortimer introduced
House Bill No. 5552, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 20126 and 20126a (MCL 324.20126 and 324.20126a), section 20126 as amended by 1999 PA 196 and section 20126a as added by 1995 PA 71.
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. Hune, Gaffney and Mortimer introduced
House Bill No. 5553, entitled
A bill to amend 1988 PA 57, entitled "An act to provide for the incorporation by 2 or more municipalities of certain authorities for the purpose of providing emergency services to municipalities; to provide for the powers and duties of authorities and of certain state and local agencies and officers; to guarantee certain labor contracts and employment rights in regard to the formation and reorganization of authorities; to provide for certain condemnation proceedings; to provide for the levy of property taxes for certain purposes; and to prescribe penalties and provide remedies," by amending the title and sections 5 and 9 (MCL 124.605 and 124.609), the title as amended by 1999 PA 167.
The bill was read a first time by its title and referred to the Committee on Local Government and Urban Policy.
Reps. Hune, Gaffney and Mortimer introduced
House Bill No. 5554, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 2511.
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. Sheltrown, Lipsey, Anderson, Wojno, Cushingberry, Sak, Angerer, Tobocman, Meisner, Vagnozzi, Gonzales, Farrah, Mayes, Condino, Leland, Bieda, Plakas, Hopgood, Gillard and Williams introduced
House Bill No. 5555, entitled
A bill to amend 1967 PA 281, entitled "Income tax act of 1967," (MCL 206.1 to 206.532) by adding section 275.
The bill was read a first time by its title and referred to the Committee on Energy and Technology.
Reps. Angerer, Alma Smith, Dillon, Byrnes, Sheltrown, Lipsey, Wojno, Polidori, Miller, Anderson, Meisner, Gleason, McDowell, Espinoza, Bieda, Whitmer, Hopgood, Kathleen Law, Brown, Hood, Plakas, Sak, Donigan, Vagnozzi, Clack, Farrah, Zelenko, Clemente, Ball and Cheeks introduced
House Bill No. 5556, entitled
A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending section 527a (MCL 206.527a), as amended by 2004 PA 335.
The bill was read a first time by its title and referred to the Committee on Energy and Technology.
Reps. Sheltrown and Sak introduced
House Bill No. 5557, entitled
A bill to amend 1953 PA 232, entitled "Corrections code of 1953," by amending the title and sections 4 and 6 (MCL 791.204 and 791.206), the title as amended by 1996 PA 164 and section 6 as amended by 1996 PA 104, and by adding section 85.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Reps. Sheltrown and Sak introduced
House Bill No. 5558, entitled
A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending sections 520a, 520b, 520c, 520d, 520e, 520f, and 520g (MCL 750.520a, 750.520b, 750.520c, 750.520d, 750.520e, 750.520f, and 750.520g), sections 520a, 520b, 520c, 520d, and 520e as amended by 2002 PA 714, and by adding section 520n.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Rep. Hummel introduced
House Bill No. 5559, entitled
A bill to amend 1995 PA 24, entitled "Michigan economic growth authority act," by amending section 3 (MCL 207.803), as amended by 2004 PA 398.
The bill was read a first time by its title and referred to the Committee on Commerce.
Reps. Kooiman, Sak, Hildenbrand, Steil, LaJoy, Green, Meyer, Casperson, Pearce and Stahl introduced
House Bill No. 5560, entitled
A bill to amend 1986 PA 196, entitled "Public transportation authority act," by amending section 18 (MCL 124.468).
The bill was read a first time by its title and referred to the Committee on Transportation.
______
Rep. Ball moved that the House adjourn.
The motion prevailed, the time being 2:40 p.m.
The Speaker Pro Tempore declared the House adjourned until Thursday, January 19, at 10:30 a.m.
GARY L. RANDALL
Clerk of the House of Representatives