No. 25
STATE OF MICHIGAN
JOURNAL
OF THE
House of Representatives
93rd Legislature
REGULAR SESSION OF 2006
House Chamber, Lansing, Thursday, March 9, 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--present Espinoza--present Lemmons, III--e/d/s 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--present 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--present
Cheeks--present Hummel--present Nofs--present Vander Veen--present
Clack--present Hune--present Palmer--present Walker--present
Clemente--present Hunter--present Palsrok--present Ward--present
Condino--present Jones--present Pastor--present Waters--present
Cushingberry--present 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. Judy Emmons, from the 70th District, offered the following invocation:
"Heavenly Father we thank You for this day. We thank You for the warmth and the promise of spring. We thank You that You are ever present, that You guide our thoughts, our steps, our lives. We ask that You would guide our deliberations here today, throughout the rest of the week. We pray that we will be ever mindful that everything we do impacts everyone in this state and sometimes beyond. We would just ask for Your blessing on this chamber, those of us who serve here, and those of us who work within the confines of this governmental unit. We ask all of these things in the name of Jesus. Amen."
Announcement by the Clerk of Printing and Enrollment
The Clerk announced the enrollment printing and presentation to the Governor on Thursday, March 9, for her approval of the following bill:
Enrolled House Bill No. 4642 at 11:46 a.m.
The Clerk announced that the following bills had been printed and placed upon the files of the members on Thursday, March 9:
House Bill Nos. 5841 5842 5843 5844 5845 5846 5847
Senate Bill No. 1122
The Clerk announced that the following Senate bill had been received on Thursday, March 9:
Senate Bill No. 318
By unanimous consent the House returned to the order of
Messages from the Senate
Senate Bill No. 318, entitled
A bill to amend 1964 PA 154, entitled "Minimum wage law of 1964," by amending section 4 (MCL 408.384), as amended by 1997 PA 2.
The Senate has passed the bill.
The bill was read a first time by its title.
Pending the reference of the bill to a committee,
Rep. Ward moved that Rules 44 and 45 be suspended.
The motion prevailed, 3/5 of the members present voting therefore.
Rep. Ward moved that the bill be placed on the order of Second Reading of Bills.
The motion prevailed.
Second Reading of Bills
Senate Bill No. 318, entitled
A bill to amend 1964 PA 154, entitled "Minimum wage law of 1964," by amending section 4 (MCL 408.384), as amended by 1997 PA 2.
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.
By unanimous consent the House returned to the order of
Reports of Standing Committees
The Committee on Tax Policy, by Rep. Sheen, Chair, reported
House Bill No. 5743, entitled
A bill to repeal acts and parts of acts.
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 and Marleau
Nays: Reps. Bieda, Farrah, Zelenko, Miller, Meisner, Bennett and Mayes
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Sheen, Chair, of the Committee on Tax Policy, was received and read:
Meeting held on: Thursday, March 9, 2006
Present: Reps. Sheen, Meyer, Gosselin, Newell, Drolet, Palmer, Hoogendyk, Stakoe, Jones, Marleau, Bieda, Farrah, Zelenko, Miller, Meisner, Bennett and Mayes
Second Reading of Bills
House Bill No. 5743, entitled
A bill to repeal acts and parts of acts.
The bill was read a second time.
Rep. Drolet 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
Senate Bill No. 208, entitled
A bill to allow reimbursement to municipalities for certain costs for inmates housed in municipal jails or county jails; and to provide certain powers and duties of municipal officials and county officials.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 163 Yeas--107
Accavitti Elsenheimer Law, Kathleen Rocca
Acciavatti Emmons Leland Sak
Adamini Espinoza Lemmons, Jr. Schuitmaker
Amos Farhat Lipsey Shaffer
Anderson Farrah Marleau Sheen
Angerer Gaffney Mayes Sheltrown
Ball Garfield McConico 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 Huizenga Nofs Vander Veen
Cheeks Hummel Palmer Walker
Clack Hune Palsrok Ward
Clemente Hunter Pastor Waters
Condino Jones Pavlov Wenke
Cushingberry Kahn Pearce Whitmer
DeRoche Kolb Plakas Williams
Dillon Kooiman Polidori Wojno
Donigan LaJoy Proos Zelenko
Drolet Law, David Robertson
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.
______
Rep. Lemmons, III entered the House Chambers.
Rep. Pastor moved that Rep. Robertson be excused temporarily from today's session.
The motion prevailed.
Rep. Ward moved that the bill be given immediate effect.
The question being on the motion made by Rep. Ward,
Rep. Sak demanded the yeas and nays.
The demand was supported.
The question being on the motion made by Rep. Ward,
The motion prevailed, 2/3 of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 164 Yeas--107
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 McConico Smith, Virgil
Bennett Gleason McDowell Spade
Bieda Gonzales Meisner Stahl
Booher Gosselin Meyer Stakoe
Brandenburg Green Miller Steil
Brown Hansen Moolenaar Stewart
Byrnes Hildenbrand Moore Taub
Byrum Hood Mortimer Tobocman
Casperson Hoogendyk Murphy Vagnozzi
Caswell Hopgood Newell Van Regenmorter
Caul Huizenga Nitz Vander Veen
Cheeks Hummel Nofs Walker
Clack Hune Palmer Ward
Clemente Hunter Palsrok Waters
Condino Jones Pastor Wenke
Cushingberry Kahn Pavlov Whitmer
DeRoche Kolb Pearce Williams
Dillon Kooiman Plakas Wojno
Donigan LaJoy Polidori Zelenko
Drolet Law, David Proos
Nays--0
In The Chair: Kooiman
______
Rep. Robertson, 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. 164. Had I been present, I would have voted 'yea'."
House Bill No. 4807, entitled
A bill to amend 1956 PA 62, entitled "An act to authorize the director of the department of state police to promulgate a uniform traffic code; to authorize a city, township, or village to adopt the uniform traffic code by reference without publication in full; and to prescribe criminal penalties and civil sanctions for violation of the code," by amending section 1 (MCL 257.951), as amended by 1998 PA 69.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 165 Yeas--108
Accavitti Elsenheimer Law, Kathleen Robertson
Acciavatti Emmons Leland Rocca
Adamini Espinoza Lemmons, III Sak
Amos Farhat Lemmons, Jr. Schuitmaker
Anderson Farrah Lipsey Shaffer
Angerer Gaffney Marleau Sheen
Ball Garfield Mayes Sheltrown
Baxter Gillard McConico Smith, Alma
Bennett Gleason McDowell Smith, Virgil
Bieda Gonzales Meisner Spade
Booher Gosselin Meyer Stahl
Brandenburg Green Miller Stakoe
Brown Hansen Moolenaar Steil
Byrnes Hildenbrand Moore Stewart
Byrum Hood Mortimer Taub
Casperson Hoogendyk Murphy Tobocman
Caswell Hopgood Newell Vagnozzi
Caul Huizenga Nitz Van Regenmorter
Cheeks Hummel Nofs Vander Veen
Clack Hune Palmer Walker
Clemente Hunter Palsrok Ward
Condino Jones Pastor Waters
Cushingberry Kahn Pavlov Wenke
DeRoche Kolb Pearce Whitmer
Dillon Kooiman Plakas Williams
Donigan LaJoy Polidori Wojno
Drolet Law, David Proos Zelenko
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 question being on the motion made by Rep. Ward,
Rep. Sak demanded the yeas and nays.
The demand was supported.
The question being on the motion made by Rep. Ward,
The motion prevailed, 2/3 of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 166 Yeas--108
Accavitti Elsenheimer Law, Kathleen Robertson
Acciavatti Emmons Leland Rocca
Adamini Espinoza Lemmons, III Sak
Amos Farhat Lemmons, Jr. Schuitmaker
Anderson Farrah Lipsey Shaffer
Angerer Gaffney Marleau Sheen
Ball Garfield Mayes Sheltrown
Baxter Gillard McConico Smith, Alma
Bennett Gleason McDowell Smith, Virgil
Bieda Gonzales Meisner Spade
Booher Gosselin Meyer Stahl
Brandenburg Green Miller Stakoe
Brown Hansen Moolenaar Steil
Byrnes Hildenbrand Moore Stewart
Byrum Hood Mortimer Taub
Casperson Hoogendyk Murphy Tobocman
Caswell Hopgood Newell Vagnozzi
Caul Huizenga Nitz Van Regenmorter
Cheeks Hummel Nofs Vander Veen
Clack Hune Palmer Walker
Clemente Hunter Palsrok Ward
Condino Jones Pastor Waters
Cushingberry Kahn Pavlov Wenke
DeRoche Kolb Pearce Whitmer
Dillon Kooiman Plakas Williams
Donigan LaJoy Polidori Wojno
Drolet Law, David Proos Zelenko
Nays--0
In The Chair: Kooiman
House Bill No. 5580, entitled
A bill to amend 1954 PA 116, entitled "Michigan election law," by amending sections 24c and 24d (MCL 168.24c and 168.24d).
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 167 Yeas--108
Accavitti Elsenheimer Law, Kathleen Robertson
Acciavatti Emmons Leland Rocca
Adamini Espinoza Lemmons, III Sak
Amos Farhat Lemmons, Jr. Schuitmaker
Anderson Farrah Lipsey Shaffer
Angerer Gaffney Marleau Sheen
Ball Garfield Mayes Sheltrown
Baxter Gillard McConico Smith, Alma
Bennett Gleason McDowell Smith, Virgil
Bieda Gonzales Meisner Spade
Booher Gosselin Meyer Stahl
Brandenburg Green Miller Stakoe
Brown Hansen Moolenaar Steil
Byrnes Hildenbrand Moore Stewart
Byrum Hood Mortimer Taub
Casperson Hoogendyk Murphy Tobocman
Caswell Hopgood Newell Vagnozzi
Caul Huizenga Nitz Van Regenmorter
Cheeks Hummel Nofs Vander Veen
Clack Hune Palmer Walker
Clemente Hunter Palsrok Ward
Condino Jones Pastor Waters
Cushingberry Kahn Pavlov Wenke
DeRoche Kolb Pearce Whitmer
Dillon Kooiman Plakas Williams
Donigan LaJoy Polidori Wojno
Drolet Law, David Proos Zelenko
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 question being on the motion made by Rep. Ward,
Rep. Sak demanded the yeas and nays.
The demand was supported.
The question being on the motion made by Rep. Ward,
The motion prevailed, 2/3 of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 168 Yeas--107
Acciavatti Emmons Leland Rocca
Adamini Espinoza Lemmons, III Sak
Amos Farhat Lemmons, Jr. Schuitmaker
Anderson Farrah Lipsey Shaffer
Angerer Gaffney Marleau Sheen
Ball Garfield Mayes Sheltrown
Baxter Gillard McConico Smith, Alma
Bennett Gleason McDowell Smith, Virgil
Bieda Gonzales Meisner Spade
Booher Gosselin Meyer Stahl
Brandenburg Green Miller Stakoe
Brown Hansen Moolenaar Steil
Byrnes Hildenbrand Moore Stewart
Byrum Hood Mortimer Taub
Casperson Hoogendyk Murphy Tobocman
Caswell Hopgood Newell Vagnozzi
Caul Huizenga Nitz Van Regenmorter
Cheeks Hummel Nofs Vander Veen
Clack Hune Palmer Walker
Clemente Hunter Palsrok Ward
Condino Jones Pastor Waters
Cushingberry Kahn Pavlov Wenke
DeRoche Kolb Pearce Whitmer
Dillon Kooiman Plakas Williams
Donigan LaJoy Polidori Wojno
Drolet Law, David Proos Zelenko
Elsenheimer Law, Kathleen Robertson
Nays--0
In The Chair: Kooiman
Second Reading of Bills
House Bill No. 5640, entitled
A bill to amend 1995 PA 24, entitled "Michigan economic growth authority act," by amending sections 3 and 8 (MCL 207.803 and 207.808), section 3 as amended by 2004 PA 398 and section 8 as amended by 2005 PA 185.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Commerce,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Condino moved to amend the bill as follows:
1. Amend page 16, following line 11, by inserting:
"Enacting section 1. This amendatory act does not take effect unless House Bill No. 4811 of the 93rd Legislature is enacted into law and takes effect.".
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Casperson moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Ward moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the House returned to the order of
Third Reading of Bills
House Bill No. 5640, entitled
A bill to amend 1995 PA 24, entitled "Michigan economic growth authority act," by amending sections 3 and 8 (MCL 207.803 and 207.808), section 3 as amended by 2004 PA 398 and section 8 as amended by 2005 PA 185.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 169 Yeas--108
Accavitti Elsenheimer Law, Kathleen Robertson
Acciavatti Emmons Leland Rocca
Adamini Espinoza Lemmons, III Sak
Amos Farhat Lemmons, Jr. Schuitmaker
Anderson Farrah Lipsey Shaffer
Angerer Gaffney Marleau Sheen
Ball Garfield Mayes Sheltrown
Baxter Gillard McConico Smith, Alma
Bennett Gleason McDowell Smith, Virgil
Bieda Gonzales Meisner Spade
Booher Gosselin Meyer Stahl
Brandenburg Green Miller Stakoe
Brown Hansen Moolenaar Steil
Byrnes Hildenbrand Moore Stewart
Byrum Hood Mortimer Taub
Casperson Hoogendyk Murphy Tobocman
Caswell Hopgood Newell Vagnozzi
Caul Huizenga Nitz Van Regenmorter
Cheeks Hummel Nofs Vander Veen
Clack Hune Palmer Walker
Clemente Hunter Palsrok Ward
Condino Jones Pastor Waters
Cushingberry Kahn Pavlov Wenke
DeRoche Kolb Pearce Whitmer
Dillon Kooiman Plakas Williams
Donigan LaJoy Polidori Wojno
Drolet Law, David Proos Zelenko
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 1995 PA 24, entitled "Michigan economic growth authority act," by amending sections 3 and 8 (MCL 207.803 and 207.808), as amended by 2006 PA 21.
The motion prevailed.
The House agreed to the title as amended.
Rep. Ward moved that the bill be given immediate effect.
The question being on the motion made by Rep. Ward,
Rep. Sak demanded the yeas and nays.
The demand was supported.
The question being on the motion made by Rep. Ward,
The motion prevailed, 2/3 of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 170 Yeas--108
Accavitti Elsenheimer Law, Kathleen Robertson
Acciavatti Emmons Leland Rocca
Adamini Espinoza Lemmons, III Sak
Amos Farhat Lemmons, Jr. Schuitmaker
Anderson Farrah Lipsey Shaffer
Angerer Gaffney Marleau Sheen
Ball Garfield Mayes Sheltrown
Baxter Gillard McConico Smith, Alma
Bennett Gleason McDowell Smith, Virgil
Bieda Gonzales Meisner Spade
Booher Gosselin Meyer Stahl
Brandenburg Green Miller Stakoe
Brown Hansen Moolenaar Steil
Byrnes Hildenbrand Moore Stewart
Byrum Hood Mortimer Taub
Casperson Hoogendyk Murphy Tobocman
Caswell Hopgood Newell Vagnozzi
Caul Huizenga Nitz Van Regenmorter
Cheeks Hummel Nofs Vander Veen
Clack Hune Palmer Walker
Clemente Hunter Palsrok Ward
Condino Jones Pastor Waters
Cushingberry Kahn Pavlov Wenke
DeRoche Kolb Pearce Whitmer
Dillon Kooiman Plakas Williams
Donigan LaJoy Polidori Wojno
Drolet Law, David Proos Zelenko
Nays--0
In The Chair: Kooiman
By unanimous consent the House returned to the order of
Reports of Standing Committees
The Speaker laid before the House
House Resolution No. 158.
A resolution to urge the Federal Emergency Management Agency to reject proposed revisions to floodplain elevation thresholds in St. Clair County.
(For text of resolution, see House Journal No. 103 of 2005, p. 2288.)
(The resolution was reported by the Committee on Natural Resources, Great Lakes, Land Use, and Environment on March 2, consideration of which, under the rules, was postponed until March 7.)
The question being on the adoption of the resolution,
Rep. Pavlov moved to substitute (H-2) the resolution as follows:
Substitute for House Resolution No. 158.
A resolution to urge the Federal Emergency Management Agency to reject proposed revisions to floodplain elevation thresholds in St. Clair, Bay, and Huron counties.
Whereas, Under the National Flood Insurance Program, property that is located within a floodplain is required to be covered with flood insurance that the owner must purchase. Floodplains are determined by land elevation levels, which are identified as Base Flood Elevations; and
Whereas, Officials of the Federal Emergency Management Agency (FEMA) have issued documents that indicate that the Base Flood Elevations will be raised in parts of St. Clair, Bay, and Huron counties. The impact of this adjustment in elevation threshold would be to place a significant number of residences and businesses within mandatory flood insurance areas; and
Whereas, The costs of flood insurance for buildings that fall within the redrawn floodplains will be a significant added expense for the property owners affected. These property owners bought their homes and places of business with the assurance that they were not within the floodplain, and now, with this adjustment in elevation, they will be incurring major costs for insurance they will be no more likely ever to need. The fact that water levels throughout the entire Great Lakes Basin are at near-record low levels compounds the inappropriateness of the elevation threshold change; and
Whereas, According to a 2002 study by the Upper Great Lakes Plan of Study Team, a task force appointed by the International Joint Commission, there are growing concerns about climate change and the impact it may have on the water levels of the Great Lakes. Results from some global modeling studies show a decrease of water supplies across the Great Lakes, which would result in even lower water levels and decreased outflows; and
Whereas, For those who would now have to purchase federal flood insurance--at several hundred dollars a year--the raising of the floodplain threshold amounts to a penalty that would be felt far into the future, especially as the market value of impacted properties suffers needlessly; and
Whereas, Over the past 25 years, property owners in Clay Township alone have paid millions of dollars in flood insurance premiums. During that same period, Clay Township residents have only collected approximately one million dollars in flood insurance claims. The remaining money from those premiums has gone to Washington, D.C. to subsidize flood insurance claims in higher risk areas of the country; now, therefore, be it
Resolved by the House of Representatives, That we urge the Federal Emergency Management Agency to reject the proposed revisions to floodplain elevation thresholds in St. Clair, Bay, and Huron counties; and be it further
Resolved, That a copy of this resolution be transmitted to the Federal Emergency Management Agency.
The motion prevailed and the substitute (H-2) was adopted, a majority of the members serving voting therefor.
The question being on the adoption of the resolution,
The resolution was adopted.
Second Reading of Bills
Senate Bill No. 371, entitled
A bill to amend 1996 PA 376, entitled "Michigan renaissance zone act," by amending section 8d (MCL 125.2688d), as amended by 2004 PA 202.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Commerce,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Condino moved to amend the bill as follows:
1. Amend page 5, following line 17, by inserting:
"Enacting section 2. This amendatory act does not take effect unless House Bill No. 4811 of the 93rd Legislature is enacted into law and takes effect.".
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Ward moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 5641, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 801 (MCL 257.801), as amended by 2004 PA 427.
The bill was read a second time.
Rep. Casperson moved to amend the bill as follows:
1. Amend page 4, line 12, after "EQUIPMENT." by inserting "WOOD HARVESTER DOES NOT INCLUDE A PERSON OR PERSONS WHOSE PRIMARY ACTIVITY IS TREE-TRIMMING OR LANDSCAPING.".
2. Amend page 4, line 26, by striking out all of sub-subparagraph (E) and inserting:
"(E) A BULLDOZER OR ROAD GRADER BEING TRANSPORTED TO A WOOD HARVESTING SITE SPECIFICALLY FOR THE PURPOSE OF BUILDING OR MAINTAINING HARVEST SITE ROADS.".
The motion prevailed and the amendments were adopted, a majority of the members serving voting therefor.
Rep. Casperson moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Ward moved to reconsider the vote by which the House placed the bill on the order of Third Reading of Bills.
The motion prevailed, a majority of the members present voting therefor.
Rep. Condino moved to amend the bill as follows:
1. Amend page 15, following line 11, by inserting:
"Enacting section 1. This amendatory act does not take effect unless House Bill No. 4811 of the 93rd Legislature is enacted into law and takes effect.".
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Casperson moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 4086, entitled
A bill to amend 1846 RS 83, entitled "Of marriage and the solemnization thereof," by amending sections 7 and 16 (MCL 551.7 and 551.16), section 7 as amended by 1983 PA 64.
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. Condino moved to amend the bill as follows:
1. Amend page 4, following line 6, by inserting:
"Enacting section 1. This amendatory act does not take effect unless House Bill No. 4811 of the 93rd Legislature is enacted into law and takes effect.".
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Taub moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 5643, entitled
A bill to amend 1984 PA 118, entitled "The prisoner reimbursement to the county act," by amending section 7 (MCL 801.87), as amended by 1996 PA 544.
Was read a second time, and the question being on the adoption of the proposed amendment previously recommended by the Committee on Judiciary (for amendment, see House Journal No. 21, p. 332),
The amendment was adopted, a majority of the members serving voting therefor.
Rep. Condino moved to amend the bill as follows:
1. Amend page 2, following line 19, by inserting:
"Enacting section 1. This amendatory act does not take effect unless House Bill No. 4811 of the 93rd Legislature is enacted into law and takes effect.".
The motion did not prevail and the amendment was not adopted, a majority of the members serving not voting therefor.
Rep. Caul moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
______
Rep. Waters moved that Rep. Bieda be excused temporarily from today's session.
The motion prevailed.
By unanimous consent the House returned to the order of
Messages from the Senate
The Speaker laid before the House
House Bill No. 5675, entitled
A bill to amend 1976 PA 451, entitled "The revised school code," by amending sections 1230, 1230a, 1230c, 1230d, 1230g, 1535a, and 1539b (MCL 380.1230, 380.1230a, 380.1230c, 380.1230d, 380.1230g, 380.1535a, and 380.1539b), section 1230 as amended and section 1230c as added by 2005 PA 129, section 1230a as amended by 2005 PA 138, section 1230d as added by 2005 PA 131, and section 1230g as added and sections 1535a and 1539b as amended by 2005 PA 130, and by adding section 1230h.
(The bill was received from the Senate on March 8, with substitute (S-1), full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until today, see House Journal No. 24, p. 453.)
The question being on concurring in the substitute (S-1) made to the bill by the Senate,
Rep. Ward moved that consideration of the bill be postponed temporarily.
The motion prevailed.
Third Reading of Bills
Senate Bill No. 372, entitled
A bill to allow for the review, oversight, and providing of recommendations regarding the operation of certain water and sewer systems within this state; to create the water accountability advisory board; and to provide for the powers and duties of certain governmental officials and entities.
The bill was read a third time.
The question being on the passage of the bill,
______
The Speaker Pro Tempore called Associate Speaker Pro Tempore Elsenheimer to the Chair.
Rep. Hune moved that Rep. Gaffney be excused temporarily from today's session.
The motion prevailed.
Rep. Palmer moved that Rep. Kooiman be excused from the balance of today's session.
The motion prevailed.
After debate,
Rep. Hunter demanded the previous question.
The demand was not supported.
The question being on the passage of the bill,
The bill was then passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 171 Yeas--61
Acciavatti Garfield Moolenaar Schuitmaker
Amos Gosselin Moore Shaffer
Anderson Green Mortimer Sheen
Ball Hansen Newell Spade
Baxter Hildenbrand Nitz Stahl
Booher Hoogendyk Nofs Stakoe
Brandenburg Huizenga Palmer Steil
Casperson Hummel Palsrok Stewart
Caswell Hune Pastor Taub
Caul Jones Pavlov Van Regenmorter
Clemente Kahn Pearce Vander Veen
DeRoche LaJoy Plakas Walker
Drolet Law, David Proos Ward
Elsenheimer Marleau Robertson Wenke
Emmons Meyer Rocca Wojno
Farhat
Nays--44
Accavitti Dillon Law, Kathleen Polidori
Adamini Donigan Leland Sak
Angerer Espinoza Lemmons, III Sheltrown
Bennett Farrah Lemmons, Jr. Smith, Alma
Brown Gillard Lipsey Smith, Virgil
Byrnes Gleason Mayes Tobocman
Byrum Gonzales McConico Vagnozzi
Cheeks Hood McDowell Waters
Clack Hopgood Meisner Whitmer
Condino Hunter Miller Williams
Cushingberry Kolb Murphy Zelenko
In The Chair: Elsenheimer
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. Accavitti, 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 Senate Bill 372 (S-1) on final passage for the following reason. This bill would allow the five largest communities in Wayne County to have a representative on the water authority board. In committee, I wanted the bill to be amended to allow a representative from the five largest communities in Macomb County. Since the residents in Macomb County use the services of the DSWD, and this bill would not allow the citizens of Eastpointe and Roseville to be represented on this authority, I can not support this bill."
Rep. Cushingberry, 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:
Why must we continue to pass legislation which we know will never go into effect because it is unconstitutional and none of the political hedge words can change that reality? Over the past thirty years I have watched suburban people whipped into a frenzy, press releases fly, and anxiety from already depressed Detroiter's stirred to anger over something that cannot happen.
European Americans learned from Natives that the flowing water near Belle Island was the best place to fetch water. Early Europeans who started a system set up a dock for all to come at the foot of what is now Hart Plaza which allowed all comers to take water from this first system without charge.
Residents of the City however paid a tax of one dollar per household annually to provide for the development of a, wharf, dock, and pump at the foot of Randolph Street after two fires and the failure of a system of public wells for fresh water.
(Territorial Governor Lewis Cass and the Legislative Council August 5, 1824). No one ever checked whether those who used the system were from the City proper.
A new tower was later established to supplement the dock, wharf, and pumps which served until 1850. The rate was raised to ten dollars annually.
Finally, dissatisfaction with the contractor's lack of progress, the Detroit City Council purchased the system, floated a bond after voter approval and began to establish a system to provide river water throughout the region. As the City grew, the Council decided to create a Board of water commissioners and successfully petitioned the legislature which resulted in P.A. 90 of 1853.
By 1903 suburban customers were added to the system.
Engineers of the day had neglected sewerage treatment believing the adage; 'that running water purified itself.'
By the mid twentieth century we learned of the true extent of the pollution problem. The City's Board continued to provide for a nominal charge the extension of water and sewerage treatment to further suburbs and exurbs.
Eventually, Congress adopted the Clean Water Act and all the region was found in violation after trial by the Honorable John Fiekens, former Chief and now Senior Federal Judge for the Eastern District of Michigan. A Order continues today which is overseen by the Court. In 1975 the first regional group was formed to advise the Court on the reform of the system which has been expanded over the past several decades to include all suburban communities who participate. The Detroit Board operates under receivership of sorts so the reality is the control and input is already being handled by Federal Court Order which has already issued a ruling that the bill before us would meet the same fate as a previous takeover Act of the Legislature in 1871 (which was designed to 'regionalize' the system) - it is unconstitutional under the Michigan Constitution and will not be allowed to go into effect.
With this in mind, is there another reason we keep pontificating instead of cooperating?"
______
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. Amos, Accavitti, Ball, Baxter, Bieda, Booher, Brandenburg, Brown, Caul, Condino, Elsenheimer, Gaffney, Garfield, Gillard, Hansen, Hildenbrand, Jones, Kooiman, LaJoy, Lemmons, Jr., Marleau, Mayes, McDowell, Miller, Murphy, Newell, Nofs, Palmer, Pastor, Pearce, Proos, Rocca, Sak, Shaffer, Sheen, Sheltrown, Alma Smith, Virgil Smith, Stahl, Stakoe, Taub, Vander Veen, Wojno, Anderson, Angerer, Espinoza, Farrah, Leland, Mortimer, Polidori and Zelenko offered the following resolution:
House Resolution No. 212.
A resolution proclaiming March 26, 2006, Support Our Troops Day in the state of Michigan.
Whereas, It was through the brave and noble efforts of our Forefathers that the United States of America first gained freedom and became a sovereign nation. Since the American Revolution, and throughout our country's history, many wars have been fought; many battles have been waged; and many lives have been lost in order to protect our country and our cherished freedom; and
Whereas, In 1938, Congress proclaimed November 11th to be Armistice Day and in 1954, changed the name to Veterans' Day to honor all who have fought bravely in America's wars; and
Whereas, In 1868, General John Logan, national commander of the Grand Army of the Republic, officially proclaimed the 30th day of May to be Memorial Day, in honor of those fine men and women who have given their lives in noble service to our country; and
Whereas, In order to continually protect our cherished freedom, we must always maintain armed forces and be ever vigilant against threats to our nation. For this reason, thousands of American troops are currently stationed around the world on peacekeeping missions, as well as fighting the war on terror. They spend months and years away from family and friends. Moreover, these brave Americans put themselves in harm's way to keep us safe, knowing full-well they may be making the ultimate sacrifice; and
Whereas, Our active troops are remembered along with veterans on Memorial Day and Veterans' Day. However, there is no day set aside specifically to honor the men and women who are presently serving our country. These brave men and women, as well as their families, deserve to know that we appreciate all of the sacrifices they are making for this country; and
Whereas, Alexandra McGregor, a student at Waterford Kettering High School, has initiated a Candlelight Recognition to Support Our Troops at Waterford Kettering on March 26, 2006. The ultimate goal is to get our whole nation to observe five minutes of silence at 6:00 p.m., Eastern standard time, in honor and appreciation of our American soldiers currently serving around the world. It is her hope that March 26th could be officially established by the Federal Government as Support Our Troops Day; now, therefore, be it
Resolved by the House of Representatives, That the members of this legislative body with thanks and recognition for our active-duty armed forces, wholeheartedly proclaim March 26, 2006, to be Support Our Troops Day in the state of Michigan; be it further
Resolved, That the residents of the state of Michigan are respectfully requested to pause for five minutes at 6:00 p.m. on March 26, 2006, to reflect with grateful hearts on the sacrifices being made by our servicemen and women in order to preserve our freedom and our way of life; and be it further
Resolved, That we encourage schools, churches, associations, and local governments to organize and promote ceremonies on March 26, 2006, in observance of Support Our Troops Day; and be it further
Resolved, That copies of this adopted resolution be transmitted to Alexandra McGregor and Waterford Kettering High School.
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.
Reps. Palmer, Acciavatti, Ball, Baxter, Bieda, Brandenburg, Caul, Condino, Elsenheimer, Farhat, Gaffney, Garfield, Gillard, Gosselin, Hansen, Hildenbrand, Hopgood, Jones, Kooiman, LaJoy, Lemmons, Jr., Marleau, Mayes, McDowell, Miller, Murphy, Newell, Nofs, Pastor, Pearce, Proos, Rocca, Sak, Shaffer, Sheen, Sheltrown, Virgil Smith, Stahl, Stakoe, Taub, Vander Veen, Wojno, Anderson, Angerer, Clack, Espinoza, Farrah, Mortimer, Polidori and Zelenko offered the following resolution:
House Resolution No. 213.
A resolution commemorating September 2006 as Children's Internet Safety Month in the state of Michigan.
Whereas, The Internet is one of the most effective tools available for purposes of education and research. It gives children the means to make friends and freely communicate with peers and family anywhere in the world; and
Whereas, It is vital to the well-being of children that the Internet offer them a wholesome environment to explore and that its capacity to deliver pornographic material to the innocent be responsibly monitored and effectively screened; and
Whereas, Children are ill-equipped to cope with lurid Internet content and cyber predators. They are at risk in their own homes, schools, and libraries; and
Whereas, Parents, religious and government leaders, educators, and rational-thinking people everywhere are concerned about children's Internet safety, Web manipulation by the unscrupulous, and the rising tide of pornographic Web sites; and
Whereas, Objectionable material, such as violent, obscene, or sexually explicit adult material may be received by a minor in an unsolicited form; and
Whereas, It is imperative that Michigan parents, guardians, grandparents, teachers, and family members, along with churches, business and community leaders, and organizations, be alerted to the pervasiveness and danger of pornography on the Internet. Support of this public service initiative will improve the Internet culture within their own spheres of influence; and
Whereas, The century of instant global communication holds great promise for achieving better understanding among people of the world. A broader resolve is needed to protect the safety of children. The Internet should not be perceived as an instrument of cunning, pornographic invitation to the young, but as evidence of profound respect for human dignity, creative inquiry, and commitment to excellence; now, therefore, be it
Resolved by the House of Representatives, That we hereby commemorate September 2006 as Children's Internet Safety Month and express our support for efforts to protect our children against harmful Internet materials; and be it further
Resolved, That a copy of this resolution be transmitted to Governor Jennifer Granholm and Lieutenant Governor John Cherry.
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.
Reps. Newell, Nofs, Vander Veen, Hansen, Taub, Walker, LaJoy, Caswell, Emmons, Kahn, Wenke, Meyer, Stahl, Pearce, Green, Adamini, Condino, Bieda, Proos, Ball, Schuitmaker, Huizenga, Sheltrown, Booher, Shaffer, Jones, Hildenbrand, Stewart, Accavitti, Brandenburg, Brown, Caul, Elsenheimer, Farhat, Gaffney, Garfield, Gillard, Kooiman, Kathleen Law, Marleau, Pastor, Sheen, Alma Smith, Stakoe, Farrah, Mortimer and Zelenko offered the following concurrent resolution:
House Concurrent Resolution No. 30.
A concurrent resolution to memorialize the Congress of the United States to eliminate the Medicare caps on accredited graduate medical education positions for the state of Michigan that were imposed as part of the Balanced Budget Amendment of 1997.
Whereas, The state of Michigan will experience a more severe shortage of physicians than will be felt in the rest of the country. Michigan is projected to have a shortage of approximately 4,400 or more doctors by 2020. The state's anticipated rate of 12 percent fewer physicians than needed is higher than the projected rate of 8 percent nationally; and
Whereas, Michigan's physician residents and accredited graduate medical education positions are filled by Michigan medical students each year at a rate far exceeding the national average, with 92 percent of Michigan's positions filled by our state's medical school graduates and 78 nationally filled by in-state graduates; and
Whereas, Michigan's recent analysis of physician licensure information indicates that more than three-quarters of the current physician work force either completed a residency or a fellowship in Michigan. It is understood that to retain physicians in Michigan, these physicians must be offered Michigan-based residencies; and
Whereas, Without additional accredited graduate medical education positions eligible for Medicare support, Michigan will be forced to turn away out-of-state or international applicants, further limiting the physician work force supply. However, increasing the number of residencies can significantly ease the shortage of physicians in this state and elsewhere; now, therefore, be it
Resolved by the House of Representatives (the Senate concurring), That we memorialize the Congress of the United States to enact legislation to eliminate the Medicare caps on accredited graduate medical education positions for the state of Michigan that were imposed as part of the Balanced Budget Amendment of 1997; and be it further
Resolved, That copies of this resolution be transmitted to the United States Department of Health and Human Services, 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 Appropriations.
Reports of Standing Committees
The Committee on Conservation, Forestry, and Outdoor Recreation, by Rep. Casperson, Chair, reported
House Bill No. 5408, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 43510, 43511, 43513, and 43516 (MCL 324.43510, 324.43511, 324.43513, and 324.43516), sections 43510 and 43516 as amended by 2004 PA 129, section 43511 as added by 1995 PA 57, and section 43513 as amended by 1998 PA 129.
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. 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, March 9, 2006
Present: Reps. Casperson, Hildenbrand, Garfield, Nitz, Stakoe, Baxter, Rocca, McDowell, Sheltrown, Gillard and Espinoza
The Committee on Higher Education and Career Preparation, by Rep. Wenke, Chair, reported
House Bill No. 5400, entitled
A bill to amend 1966 PA 331, entitled "Community college act of 1966," by amending section 144 (MCL 389.144), as amended by 2003 PA 306, and by adding chapter 6 to part 1.
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. Wenke, Palmer, Byrnes and Lipsey
Nays: Reps. Emmons and Spade
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: Thursday, March 9, 2006
Present: Reps. Wenke, Emmons, Palmer, Byrnes, Lipsey and Spade
Absent: Rep. Ward
Excused: Rep. Ward
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Stahl, Chair, of the Committee on Family and Children Services, was received and read:
Meeting held on: Wednesday, March 8, 2006
Present: Reps. Stahl, Pearce, Vander Veen, Hoogendyk, Sheen, Clack, Spade, Polidori and Lemmons, Jr.
Communications from State Officers
The following communication from the Secretary of State was received and read:
Notice of Filing
Administrative Rules
February 15, 2006
In accordance with the provisions of Section 46(1) of Act 306, Public Acts of 1969, as amended, and Executive Order 1995-6 this is to advise you that the Michigan Department of Labor and Economic Growth, State Office of Administrative Hearings and Rules filed at 4:33 P.M. this date, administrative rule (06-02-03) for the Department of Civil Service, State Board of Ethics, entitled "Rules of Practice and Procedure", effective immediately upon filing with the Secretary of State.
Sincerely,
Terri Lynn Land
Secretary of State
Robin Houston, Office Supervisor
Office of the Great Seal
The communication was referred to the Clerk.
The following communication from the Department of Human Services was received and read:
February 28, 2006
Pursuant to Section 1002 of P.A. 147 of 2005, we are enclosing a copy of the following reports:
Type of ReportFacilityReport #License #
Special Investigation Report Woodland Center 2005C0207027 CS470245817
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/dhs/.
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 communication was referred to the Clerk.
Introduction of Bills
Reps. Proos, Huizenga, Baxter and Nitz introduced
House Bill No. 5848, entitled
A bill to amend 1996 PA 376, entitled "Michigan renaissance zone act," by amending section 6 (MCL 125.2686), as amended by 2004 PA 430.
The bill was read a first time by its title and referred to the Committee on Commerce.
Reps. Baxter, Amos, Mortimer, Marleau and Sheltrown introduced
House Bill No. 5849, entitled
A bill to amend 1969 PA 306, entitled "Administrative procedures act of 1969," by amending section 53 (MCL 24.253), as amended by 2004 PA 23.
The bill was read a first time by its title and referred to the Committee on Commerce.
Reps. Baxter, Amos, Mortimer, Marleau and Sheltrown introduced
House Bill No. 5850, entitled
A bill to amend 1969 PA 306, entitled "Administrative procedures act of 1969," by amending sections 7a, 40, 43, 45, 61, and 64 (MCL 24.207a, 24.240, 24.243, 24.245, 24.261, and 24.264), sections 7a and 40 as amended by 1999 PA 262, section 43 as amended by 1989 PA 288, section 45 as amended by 2004 PA 491, and section 61 as amended by 1982 PA 413.
The bill was read a first time by its title and referred to the Committee on Commerce.
Reps. Gaffney, Hune, Jones, Ball, Baxter, Nitz, Mortimer, Hildenbrand, Stakoe, Shaffer, Meyer, Brandenburg, Ward, Gosselin, Acciavatti, LaJoy, Marleau, Casperson, Emmons, Pavlov, Hansen, Green, Moolenaar, Stahl, Huizenga, Taub, Pearce, Palsrok, Robertson, Farhat, Sheen and Vander Veen introduced
House Bill No. 5851, entitled
A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 5827 (MCL 600.5827) and by adding chapter 30 and section 5840.
The bill was read a first time by its title and referred to the Committee on Tort Reform.
______
Rep. Steil moved that the House adjourn.
The motion prevailed, the time being 2:00 p.m.
Associate Speaker Pro Tempore Elsenheimer declared the House adjourned until Tuesday, March 14, at 1:00 p.m.
GARY L. RANDALL
Clerk of the House of Representatives