2006-HJ-04-19-036

No. 36

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

93rd Legislature

REGULAR SESSION OF 2006

House Chamber, Lansing, Wednesday, April 19, 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--present Espinoza--present Lemmons, III--excused 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--excused 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--excused

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

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

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

Dillon--present Kooiman--present Plakas--present Wojno--present

Donigan--present LaJoy--present Polidori--present Zelenko--present

Drolet--present Law, David--present Proos--present

e/d/s = entered during session

Rep. Jerry Kooiman, from the 75th District, offered the following invocation:

"An adaptation of the prayer of St. Patrick.

Lord, we pray today for God's strength to pilot us: God's might to uphold

us, God's wisdom to guide us, God's eye to look before us, God's ear to hear us,

God's word to speak for us, God's hand to guard us.

Grant us Lord Your blessing on this day. Bless the members of this House. We pray Lord for our troops around the world that are defending our freedoms. Bless those who protect and defend us everyday in our neighborhoods and on our streets. Lead us and guide us in our deliberations this day. Help us to seek mercy, love justice, and humbly serve You and those around us. In Thy name we pray Amen."

______

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

The motion prevailed.

Rep. Waters moved that Rep. Lemmons, III be excused from today's session.

The motion prevailed.

Notices

Rep. Sheltrown, 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. 351. Had I been present, I would have voted 'yea'."

By unanimous consent the House returned to the order of

Second Reading of Bills

House Bill No. 5855, entitled

A bill to amend 1937 PA 94, entitled "Use tax act," by amending section 5 (MCL 205.95), as amended by 2004 PA172.

The bill was read a second time.

Rep. Sheen moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed.

House Bill No. 4431, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 316 (MCL 750.316), as amended by 2004 PA 58.

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. Wenke moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed.

Notices

Rep. Dillon, 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. 349. Had I been present, I would have voted 'yea'."

By unanimous consent the House returned to the order of

Messages from the Senate

The Speaker laid before the House

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.

(The bill was received from the Senate on April 18, 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. 35, p.825.)

The question being on concurring in the substitute (S-1) made to the bill by the Senate,

The substitute (S-1) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 353 Yeas--104

Accavitti Elsenheimer Law, David Proos

Acciavatti Emmons Law, Kathleen Robertson

Adamini Espinoza Leland Rocca

Amos Farhat Lemmons, Jr. Sak

Anderson Farrah Lipsey Schuitmaker

Angerer Gaffney Marleau Shaffer

Ball Garfield Mayes Sheen

Baxter Gillard McConico Sheltrown

Bennett Gleason McDowell Smith, Alma

Bieda Gonzales Meisner Smith, Virgil

Booher Gosselin Meyer Spade

Brown Green Miller Stahl

Byrnes Hansen Moolenaar Stakoe

Byrum Hildenbrand Moore Steil

Casperson Hood Mortimer Stewart

Caswell Hoogendyk Murphy Taub

Caul Hopgood Newell Tobocman

Cheeks Huizenga Nitz Vagnozzi

Clack Hummel Nofs Van Regenmorter

Clemente Hune Palmer Vander Veen

Condino Hunter Palsrok Walker

Cushingberry Jones Pastor Waters

DeRoche Kahn Pavlov Wenke

Dillon Kolb Pearce Williams

Donigan Kooiman Plakas Wojno

Drolet LaJoy Polidori Zelenko

Nays--0

In The Chair: Kooiman

The House agreed to the full title of the bill.

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

Third Reading of Bills

Rep. Hildenbrand moved that House Bill No. 5855 be placed on its immediate passage.

The motion prevailed, a majority of the members serving voting therefor.

House Bill No. 5855, entitled

A bill to amend 1937 PA 94, entitled "Use tax act," by amending section 5 (MCL 205.95), as amended by 2004 PA172.

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

Roll Call No. 354 Yeas--59

Acciavatti Gaffney Marleau Robertson

Amos Garfield Mayes Rocca

Ball Gosselin Meyer Schuitmaker

Baxter Green Moolenaar Shaffer

Booher Hansen Moore Sheen

Brown Hildenbrand Mortimer Stahl

Casperson Hoogendyk Newell Stakoe

Caswell Huizenga Nitz Steil

Caul Hummel Nofs Stewart

DeRoche Hune Palmer Taub

Drolet Jones Palsrok Van Regenmorter

Elsenheimer Kahn Pastor Vander Veen

Emmons Kooiman Pavlov Walker

Farhat LaJoy Pearce Wenke

Farrah Law, David Proos

Nays--45

Accavitti Cushingberry Law, Kathleen Sak

Adamini Dillon Leland Sheltrown

Anderson Donigan Lemmons, Jr. Smith, Alma

Angerer Espinoza Lipsey Smith, Virgil

Bennett Gillard McConico Spade

Bieda Gleason McDowell Tobocman

Byrnes Gonzales Meisner Vagnozzi

Byrum Hood Miller Waters

Cheeks Hopgood Murphy Williams

Clack Hunter Plakas Wojno

Clemente Kolb Polidori Zelenko

Condino

In The Chair: Kooiman

The House agreed to the title of the bill.

______

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

Motions and Resolutions

Reps. Van Regenmorter, Accavitti, Anderson, Ball, Baxter, Bieda, Booher, Brown, Byrum, Casperson, Caul, Clack, Condino, Elsenheimer, Emmons, Farhat, Gillard, Gleason, Gosselin, Hildenbrand, Hopgood, Hummel, Jones, Kolb, LaJoy, David Law, Leland, Lemmons, Jr., Lipsey, Marleau, Mayes, McDowell, Meyer, Moore, Mortimer, Newell, Nofs, Palmer, Pearce, Polidori, Proos, Rocca, Sak, Sheen, Sheltrown, Alma Smith, Stahl, Steil, Taub, Vander Veen and Zelenko offered the following resolution:

House Resolution No. 242.

A resolution commemorating April 23 - 29, 2006, as Crime Victims' Rights Week in the state of Michigan.

Whereas, With the implementation of The Crime Victim Rights Act in 1985 and the passage of the Constitutional Amendment in 1988, crime victims in Michigan enjoy some of the most comprehensive, constitutionally guaranteed rights in the nation. We celebrate the fact that victims in Michigan have been an integral part of the delivery of justice for the past 21 years. Communities throughout the state are unified in their efforts to assist victims in their recovery from the aftermath of crime; and

Whereas, The support groups that have arisen are many and varied. They range from volunteers coordinated by county sheriff offices to assist victims of crime at the very first moment a crime has occurred, to the motivated and concerned individuals in each county prosecutor's office who ensure victims are afforded their rights throughout criminal justice process, to the advocates within the Michigan Department of Corrections who ensure continued implementation of victims' rights throughout the incarceration period of the criminal defendant; and

Whereas, The existence of these groups, and the visibility of victims in the criminal justice process can be largely attributed to the Crime Victim Constitutional Amendment which was overwhelmingly approved by the voters of Michigan in 1988. For 21 years, Michigan victims have been afforded a multitude of rights throughout the process. The most important of these rights is that the victim is treated with fairness, respect, dignity, and privacy throughout the entire process. The rights granted to victims have generated awareness throughout our state, making the important statement that the system created to address the wrong done to a victim does in fact include the victim, a facet of the process that was sadly missing prior to the passage of the Crime Victim Rights Act and Constitutional Amendment two decades ago; and

Whereas, The exchange of information and level of public awareness are the focus of National Crime Victims' Rights Week, and continue to serve as a driving force for changes in attitude and law in not only Michigan, but the entire country; now therefore, be it further

Resolved by the House of Representatives, That the members of this legislative body commemorate April 23 - 29, 2006, as Crime Victims' Rights Week in the state of Michigan. We celebrate the 21st anniversary of victims' rights in Michigan; and be it further

Resolved, We will pay our respects to those who have been victimized by violent crime, as well as salute the many dedicated individuals who work daily on behalf of Michigan victims, at a Candlelight Vigil to be held on Wednesday, April 26, 2006, at the State Capitol; and be it further

Resolved, That we stand united as individuals, communities, and as a state in our commitment to affording justice to victims of crime; and be it further

Resolved, That a copy of this resolution be transmitted to the coordinators of this event as evidence of our respect and best wishes.

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.

Reps. Gosselin, Garfield, Hoogendyk, Sheen, Emmons, Casperson, Marleau, LaJoy, Hildenbrand, Taub, Vander Veen, Stahl, Moolenaar, Hummel, Pastor, Shaffer, Baxter, Palmer, Booher, Caul, Meyer and Mortimer offered the following resolution:

House Resolution No. 243.

A resolution establishing March 31, 2006, as Terri's Day of Remembrance & Celebration of the Culture of Life Day in the state of Michigan.

Whereas, There are millions of Americans who live with profound or severe cognitive impairments and profound mental retardation or severe brain damage. Many have parents, children, and loved ones who wish to care for them; and

Whereas, Americans need to be informed about their individual and family options to obtain a living will; and

Whereas, We need to encourage and support families to spend time pursuing "Culture of Life" events on this day. These events should honor and respect some aspect of the culture of life by visiting, volunteering, or supporting a nursing home, a school for disabled youth and adults, or a long term care facility. Also by praying in a place of worship; and

Whereas, There is a need to support the establishment of a state network of Terri Schindler Schiavo Foundation professional volunteers to assist families who are confronted with making life and death choices for their loved ones, but lack the professional guidance to assist them; and

Whereas, We support the Schindler Schiavo Foundation in the establishment of health care facilities for brain-injured patients; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body establish March 31, 2006, as Terri's Day of Remembrance & Celebration of the Culture of Life Day in the state of Michigan. We encourage activities that celebrate this designation; and be it further

Resolved, That we urge Congress and the President to establish March 31st as Terri's Day of Remembrance and Celebration of the Culture of Life and encourage activities that celebrate this designation.

The resolution was referred to the Committee on Government Operations.

Reports of Standing Committees

The Committee on Agriculture, by Rep. Nitz, Chair, reported

Senate Bill No. 777, entitled

A bill to amend 1965 PA 329, entitled "Michigan seed law," (MCL 286.701 to 286.716) by amending the title, as amended by 1988 PA 455, and by adding section 14; and to repeal acts and parts of acts.

With the recommendation that the substitute (H-3) 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. Nitz, Ball, Newell, Casperson, Stahl, Proos, Hune, Mayes, Spade and Sheltrown

Nays: Rep. Kathleen Law

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, April 18, 2006

Present: Reps. Nitz, Ball, Newell, Casperson, Stahl, Proos, Hune, Mayes, Spade, Kathleen Law and Sheltrown

The Committee on Energy and Technology, by Rep. Nofs, Chair, reported

House Bill No. 5917, entitled

A bill to amend 1986 PA 32, entitled "Emergency telephone service enabling act," by amending sections 401, 407, 408, 412, and 717 (MCL 484.1401, 484.1407, 484.1408, 484.1412, and 484.1717), section 401 as amended by 1999 PA 81, sections 407 and 412 as added by 1999 PA 78, section 408 as amended by 2006 PA 74, and section 717 as added by 1999 PA 79.

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. Nofs, Proos, Emmons, Garfield, Huizenga, LaJoy, Palsrok, Stahl, Baxter, Moore, Schuitmaker, Accavitti, Mayes, Hopgood, Clemente and Gillard

Nays: None

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, April 19, 2006

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

Absent: Reps. Dillon and Hunter

Excused: Reps. Dillon and Hunter

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Sheen, Chair, of the Committee on Tax Policy, was received and read:

Meeting held on: Wednesday, April 19, 2006

Present: Reps. Sheen, Meyer, Gosselin, Newell, Drolet, Palmer, Hoogendyk, Stakoe, Jones, Marleau, Bieda, Zelenko, Miller, Meisner, Bennett and Mayes

Absent: Rep. Farrah

Excused: Rep. Farrah

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Wednesday, April 19, 2006

Present: Reps. Palmer, Mortimer, Gosselin, Meyer, Hoogendyk, Vander Veen, Ball, Hildenbrand, Pearce, Proos, Robertson, Hopgood, Miller, Angerer, Virgil Smith, Clack, Vagnozzi and Polidori

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, April 19:

House Bill Nos. 5947 5948 5949 5950 5951

Senate Bill Nos. 1204 1205 1206

Introduction of Bills

Reps. LaJoy and Nitz introduced

House Bill No. 5952, entitled

A bill to amend 2000 PA 403, entitled "Motor fuel tax act," by repealing section 124 (MCL 207.1124).

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

Reps. Schuitmaker and Lipsey introduced

House Bill No. 5953, entitled

A bill to amend 1909 PA 259, entitled "An act to provide that judgments of divorce and judgments of separate maintenance shall make provision in satisfaction of the claims of the wife in the property of the husband and in satisfaction of the claims of the husband and wife in contracts of insurance and annuity upon the life of the husband or wife, and in satisfaction of claims of the husband and wife in or to any pension, annuity, retirement allowance, or accumulated contributions in any pension, annuity, or retirement system, including any rights or contingent rights in and to unvested pension, annuity, or retirement benefits; and to change the tenure of lands owned by husband and wife in case of divorce, and to provide for the disposition or partition of such lands or the proceeds thereof," by amending section 1 (MCL 552.101), as amended by 1985 PA 42.

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

Reps. Hummel, Vander Veen, Sheen, Baxter and Hansen introduced

House Bill No. 5954, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections40103 and 43505 (MCL 324.40103 and 324.43505), section 40103 as amended by 2004 PA 160 and section43505 as amended by 1996 PA 585.

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

Reps. Hildenbrand, Palsrok, Nofs and Clemente introduced

House Bill No. 5955, entitled

A bill to amend 1917 PA 273, entitled "An act to regulate and license pawnbrokers in certain governmental units of this state; and to prescribe certain powers and duties of certain local governmental units and state agencies," by amending sections 1 and 3 (MCL 446.201 and 446.203), section 1 as amended by 2004 PA 585 and section 3 as amended by 2002 PA 469.

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

Reps. Clemente, Hildenbrand, Palsrok and Nofs introduced

House Bill No. 5956, entitled

A bill to amend 1945 PA 231, entitled "An act to prescribe additional regulations and requirements for pawnbrokers, secondhand dealers and junk dealers; to provide for the taking of fingerprints and the making of reports to enforcement officers; to prescribe penalties for the violation of the provisions of this act; and to declare the effect of this act," by amending sections 1 and 6 (MCL 445.471 and 445.476).

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

Reps. Palsrok, Hildenbrand, Nofs and Clemente introduced

House Bill No. 5957, entitled

A bill to amend 1917 PA 350, entitled "An act to regulate and license second hand dealers and junk dealers; and to prescribe penalties for the violation of the provisions of this act," by amending sections 1 and 3 (MCL 445.401 and 445.403).

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

Reps. Nofs, Hildenbrand, Palsrok and Clemente introduced

House Bill No. 5958, entitled

A bill to amend 1981 PA 95, entitled "The precious metal and gem dealer act," by amending sections 2 and 3 (MCL 445.482 and 445.483), section 2 as amended by 1990 PA 34.

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

By unanimous consent the House returned to the order of

Reports of Standing Committees

The Committee on Judiciary, by Rep. Van Regenmorter, Chair, reported

House Bill No. 5142, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," (MCL 760.1 to 777.69) by adding section21c to chapter VIII.

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. Van Regenmorter, Schuitmaker, Newell, Nofs, Stakoe, Elsenheimer, Jones, David Law, Rocca, Adamini and Virgil Smith

Nays: None

The Committee on Judiciary, by Rep. Van Regenmorter, Chair, reported

House Bill No. 5143, entitled

A bill to clarify the rights and duties of self-defense and the defense of others; to provide for criminal and civil immunity under certain circumstances; to regulate the investigation of incidents involving self-defense or the defense of others; and to provide for certain remedies.

With the recommendation that the substitute (H-4) 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 and Virgil Smith

Nays: Reps. Lipsey, Condino and McConico

The Committee on Judiciary, by Rep. Van Regenmorter, Chair, reported

House Bill No. 5153, entitled

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 and Virgil Smith

Nays: Reps. Lipsey, Condino, McConico and Bieda

The Committee on Judiciary, by Rep. Van Regenmorter, Chair, reported

House Bill No. 5548, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," (MCL 600.101 to 600.9947) by adding section 2922b.

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. Van Regenmorter, Schuitmaker, Newell, Nofs, Stakoe, Elsenheimer, Jones, David Law, Rocca and Virgil Smith

Nays: Reps. Condino and McConico

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, April 19, 2006

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

Rep. Rocca moved that the House adjourn.

The motion prevailed, the time being 2:25 p.m.

The Speaker Pro Tempore declared the House adjourned until Thursday, April 20, at 10:30 a.m.

GARY L. RANDALL

Clerk of the House of Representatives