No. 37

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

93rd Legislature

REGULAR SESSION OF 2006

House Chamber, Lansing, Thursday, April 20, 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--excused 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--excused Gonzales--present Meisner--excused 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--excused Law, David--present Proos--present

e/d/s = entered during session

Rep. Philip J. LaJoy, from the 21st District, offered the following invocation:

"Good and gracious God, we lift up our praises to You and thank You for bringing us together this day.

We give You thanks for this lovely Spring weather, the glorious sunshine and rain, as these good things come from Your loving hands.

Let us show our respect for one another and treat one another as You have taught us. Let us be ever mindful of Your will.

Lord, we remember those who serve in our Armed Forces and those who have sacrificed their lives for us. We pray for those overseas and separated from their loved ones that they find strength in You. Let us be ever mindful of the cost of freedom.

As we stand before You today, we ask that You give us determination to defend the principles of freedom, love and tolerance, strength to protect the innocent, and clarity of vision to guide the world towards justice and peace.

Let us be ever mindful of our mission to serve You.

Bless us each with Your never-ending love and grace. In Your precious name we pray. Amen."

______

Rep. Miller moved that Reps. Bieda, Kathleen Law, Lemmons, III and Meisner be excused from today's session.

The motion prevailed.

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

The motion prevailed.

Notices

Rep. Farrah, 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 Nos. 351-352. 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. 5300, entitled

A bill to amend 1966 PA 346, entitled "State housing development authority act of 1966," (MCL 125.1401 to 125.1499c) by adding section 44h.

Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Veterans Affairs and Homeland Security,

The substitute (H-1) was adopted, a majority of the members serving voting therefor.

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

The motion prevailed.

House Bill No. 5301, entitled

A bill to amend 2002 PA 591, entitled "Michigan nursing scholarship act," by amending section 4 (MCL 390.1184).

Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Veterans Affairs and Homeland Security,

The substitute (H-1) was adopted, a majority of the members serving voting therefor.

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

The motion prevailed.

House Bill No. 5302, entitled

A bill to amend 1986 PA 102, entitled "An act to establish a grant program for certain part-time, independent students in this state; and to prescribe the powers and duties of certain state agencies and institutions of higher education," by amending section 3 (MCL 390.1283), as amended by 2004 PA 180.

Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Veterans Affairs and Homeland Security,

The substitute (H-1) was adopted, a majority of the members serving voting therefor.

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

The motion prevailed.

House Bill No. 5303, entitled

A bill to amend 1964 PA 208, entitled "An act to grant scholarships to students enrolled in postsecondary education institutions; and to provide for the administration of the scholarship program," by amending section 4 (MCL 390.974), as amended by 1986 PA 270.

Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Veterans Affairs and Homeland Security,

The substitute (H-1) was adopted, a majority of the members serving voting therefor.

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

The motion prevailed.

House Bill No. 5304, entitled

A bill to amend 1986 PA 303, entitled "An act to establish a Michigan work-study program for qualified resident students attending eligible graduate and professional graduate schools and employed by qualified employers; to prescribe the powers and duties of certain state agencies; and to provide for an appropriation," by amending section 4 (MCL 390.1324).

Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Veterans Affairs and Homeland Security,

The substitute (H-1) was adopted, a majority of the members serving voting therefor.

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

The motion prevailed.

House Bill No. 5305, entitled

A bill to amend 1986 PA 288, entitled "An act to establish a Michigan work-study program for qualified resident students attending eligible postsecondary schools and employed by qualified employers; and to prescribe the powers and duties of certain state agencies," by amending section 4 (MCL 390.1374), as amended by 1990 PA 47.

Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Veterans Affairs and Homeland Security,

The substitute (H-1) was adopted, a majority of the members serving voting therefor.

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

The motion prevailed.

House Bill No. 5306, entitled

A bill to amend 1986 PA 273, entitled "An act to establish a Michigan educational opportunity grant program for resident qualified students enrolled in eligible public postsecondary schools; and to prescribe the powers and duties of certain state agencies," by amending section 4 (MCL 390.1404).

Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Veterans Affairs and Homeland Security,

The substitute (H-1) was adopted, a majority of the members serving voting therefor.

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

The motion prevailed.

House Bill No. 5307, entitled

A bill to amend 1966 PA 313, entitled "An act to award tuition grants to resident students enrolled in independent nonprofit institutions of higher learning; and to make an appropriation therefor," by amending section 3 (MCL 390.993), as amended by 1980 PA 503.

Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Veterans Affairs and Homeland Security,

The substitute (H-1) was adopted, a majority of the members serving voting therefor.

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

The motion prevailed.

House Bill No. 5308, entitled

A bill to amend 1978 PA 105, entitled "An act to provide grants to students enrolled in independent nonprofit institutions of higher learning; and to provide for the promulgation of rules," by amending section 4 (MCL 390.1274), as amended by 2004 PA 184.

Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Veterans Affairs and Homeland Security,

The substitute (H-1) was adopted, a majority of the members serving voting therefor.

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

The motion prevailed.

House Bill No. 5309, entitled

A bill to amend 1976 PA 228, entitled "The legislative merit award program act," by amending section 4 (MCL 390.1304), as amended by 2004 PA 182.

Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Veterans Affairs and Homeland Security,

The substitute (H-1) was adopted, a majority of the members serving voting therefor.

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

The motion prevailed.

House Bill No. 5310, entitled

A bill to amend 1999 PA 94, entitled "Michigan merit award scholarship act," by amending section 7b (MCL 390.1457b), as added by 2004 PA 595.

Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Veterans Affairs and Homeland Security,

The substitute (H-1) was adopted, a majority of the members serving voting therefor.

Rep. Gosselin moved to amend the bill as follows:

1. Amend page 2, line 27, after "668.33." by inserting "THIS REQUIREMENT APPLIES TO A STUDENT WHO, AFTER MARCH 1, 2007, GRADUATES FROM HIGH SCHOOL OR PASSES THE GENERAL EDUCATIONAL DEVELOPMENT (GED) TEST OR OTHER GRADUATE EQUIVALENCY EXAMINATION APPROVED BY THE STATE BOARD.".

The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.

Rep. Baxter 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. 5479, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 1263 (MCL 380.1263), as amended by 1990 PA 159.

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

Roll Call No. 355 Yeas--100

Accavitti Emmons Law, David Robertson

Acciavatti Espinoza Leland Rocca

Adamini Farhat Lemmons, Jr. Sak

Amos Farrah Lipsey Schuitmaker

Anderson Gaffney Marleau Shaffer

Angerer Garfield Mayes Sheen

Ball Gillard McConico Sheltrown

Baxter Gleason McDowell Smith, Alma

Bennett Gonzales Meyer Smith, Virgil

Booher Gosselin Miller Spade

Brown Green Moolenaar Stahl

Byrnes Hansen Moore Stakoe

Byrum Hildenbrand Mortimer Steil

Casperson Hood Murphy Stewart

Caswell Hoogendyk Newell Taub

Caul Hopgood Nitz Tobocman

Cheeks Huizenga Nofs Vagnozzi

Clack Hummel Palmer Van Regenmorter

Clemente Hune Palsrok Vander Veen

Condino Hunter Pastor Walker

Cushingberry Jones Pavlov Waters

DeRoche Kahn Pearce Wenke

Dillon Kolb Plakas Williams

Donigan Kooiman Polidori Wojno

Elsenheimer LaJoy Proos Zelenko

Nays--0

In The Chair: Kooiman

The House agreed to the title of the bill.

______

Rep. Stakoe 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. McDowell, Kolb, Hood, Polidori, Tobocman, Nofs, Plakas, Donigan, Espinoza, Brown, Adamini, Sak, Sheltrown, Cushingberry, Accavitti, Anderson, Angerer, Byrnes, Byrum, Clack, Condino, Farrah, Gonzales, Hopgood, David Law, Leland, Lemmons, Jr., Lipsey, Miller, Murphy, Alma Smith, Spade, Vagnozzi, Waters and Zelenko offered the following concurrent resolution:

House Concurrent Resolution No. 34.

A concurrent resolution to urge the United States Congress to enact the Great Lakes Collaboration Implementation Act of 2006.

Whereas, The Great Lakes are a unique resource of national significance. The Great Lakes form the largest fresh surface water system on earth and contain 95 percent of North America's fresh surface water. The Great Lakes provide drinking water, food, recreation, and transportation to more than 30 million people; and

Whereas, The Great Lakes are a critical part of Michigan's history, culture, economy, and identity. The Great Lakes fuel Michigan's tourism and outdoor recreation industry. Fishing, hunting, and wildlife industries bring in $5 billion annually to the state's economy; and

Whereas, The Great Lakes are ailing from serious environmental problems, including aquatic invasive species, toxic contamination of sediments, raw sewage discharges, and coastal habitat loss. Combined, these problems will have long-lasting effects on the Great Lakes, Michigan's economy, and our way of life; and

Whereas, There has been an unprecedented collaborative effort on the part of 1,500 people, representing federal, state, and local governments, Native American tribes, nongovernmental entities and private citizens, to develop a strategy to restore and protect the Great Lakes. The Great Lakes Regional Collaboration completed its strategic action plan in December 2005; and

Whereas, The strategic action plan recommends that the states and the federal government take substantial new steps to restore and protect the Great Lakes and avert impending environmental threats; and

Whereas, Successful implementation of the strategic action plan and restoration of the Great Lakes hinge on new and significant funding commitments from the federal government, similar to the commitments made for the restoration of the Florida Everglades and Chesapeake Bay on the East Coast; and

Whereas, Bipartisan legislation in the United States House of Representatives and Senate has been introduced to implement the strategic action plan and to restore the Great Lakes. The Great Lakes Collaboration Implementation Act would create new programs, renew the commitment to critical federal programs, and authorize $3.5 billion per year over five years to stop the introduction of aquatic invasive species, prevent inadequately treated sewage discharges, clean up contaminated sediments, restore fish and wildlife habitat, and phase out the use of mercury in products; now, therefore, be it

Resolved by the House of Representatives (the Senate concurring), That we urge the United States Congress to enact the Great Lakes Collaboration Implementation Act of 2006; 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 concurrent resolution was referred to the Committee on Government Operations.

Reps. McDowell, Kolb, Polidori, Tobocman, Hood, Nofs, Plakas, Donigan, Espinoza, Brown, Adamini, Sak, Sheltrown, Cushingberry, Accavitti, Anderson, Angerer, Byrnes, Byrum, Clack, Condino, Farrah, Gonzales, Hopgood, David Law, Leland, Lemmons, Jr., Lipsey, Miller, Murphy, Alma Smith, Spade, Vagnozzi, Waters and Zelenko offered the following resolution:

House Resolution No. 244.

A resolution to urge the United States Congress to enact the Great Lakes Collaboration Implementation Act of 2006.

Whereas, The Great Lakes are a unique resource of national significance. The Great Lakes form the largest fresh surface water system on earth and contain 95 percent of North America's fresh surface water. The Great Lakes provide drinking water, food, recreation, and transportation to more than 30 million people; and

Whereas, The Great Lakes are a critical part of Michigan's history, culture, economy, and identity. The Great Lakes fuel Michigan's tourism and outdoor recreation industry. Fishing, hunting, and wildlife industries bring in $5 billion annually to the state's economy; and

Whereas, The Great Lakes are ailing from serious environmental problems, including aquatic invasive species, toxic contamination of sediments, raw sewage discharges, and coastal habitat loss. Combined, these problems will have long-lasting effects on the Great Lakes, Michigan's economy, and our way of life; and

Whereas, There has been an unprecedented collaborative effort on the part of 1,500 people, representing federal, state, and local governments, Native American tribes, nongovernmental entities and private citizens, to develop a strategy to restore and protect the Great Lakes. The Great Lakes Regional Collaboration completed its strategic action plan in December 2005; and

Whereas, The strategic action plan recommends that the states and the federal government take substantial new steps to restore and protect the Great Lakes and avert impending environmental threats; and

Whereas, Successful implementation of the strategic action plan and restoration of the Great Lakes hinge on new and significant funding commitments from the federal government, similar to the commitments made for the restoration of the Florida Everglades and Chesapeake Bay on the East Coast; and

Whereas, Bipartisan legislation in the United States House of Representatives and Senate has been introduced to implement the strategic action plan and to restore the Great Lakes. The Great Lakes Collaboration Implementation Act would create new programs, renew the commitment to critical federal programs, and authorize $3.5 billion per year over five years to stop the introduction of aquatic invasive species, prevent inadequately treated sewage discharges, clean up contaminated sediments, restore fish and wildlife habitat, and phase out the use of mercury in products; now, therefore, be it

Resolved by the House of Representatives, That we urge the United States Congress to enact the Great Lakes Collaboration Implementation Act of 2006; 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 resolution was referred to the Committee on Government Operations.

Reports of Standing Committees

The Committee on Family and Children Services, by Rep. Stahl, Chair, reported

House Bill No. 5930, entitled

A bill to amend 1975 PA 238, entitled "Child protection law," by amending section 6 (MCL 722.626), as amended by 1984 PA 418.

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. Stahl, Pearce, Vander Veen, Hoogendyk, Sheen, Clack, Spade, Polidori and Lemmons, Jr.

Nays: None

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, April 19, 2006

Present: Reps. Stahl, Pearce, Vander Veen, Hoogendyk, Sheen, Clack, Spade, Polidori and Lemmons, Jr.

The Committee on Conservation, Forestry, and Outdoor Recreation, by Rep. Casperson, Chair, reported

House Bill No. 5674, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section76702 (MCL 324.76702), as added by 1995 PA 58.

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, 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, April 20, 2006

Present: Reps. Casperson, Hildenbrand, Garfield, Nitz, Stakoe, Baxter, Rocca, McDowell, Sheltrown, Gillard and Espinoza

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Stakoe, Chair, of the Committee on Local Government and Urban Policy, was received and read:

Meeting held on: Thursday, April 20, 2006

Present: Reps. Stakoe, Elsenheimer, Van Regenmorter, Robertson, Nitz, Baxter, Schuitmaker, Accavitti, Donigan, Vagnozzi and Virgil Smith

Announcement by the Clerk of Printing and Enrollment

The Clerk announced the enrollment printing and presentation to the Governor on Thursday, April 20, for her approval of the following bill:

Enrolled House Bill No. 5199 at 9:43 a.m.

The Clerk announced that the following bills had been printed and placed upon the files of the members on Thursday, April 20:

House Bill Nos. 5952 5953 5954 5955 5956 5957 5958

Senate Bill Nos. 1207 1208 1209 1210 1211 1212 1213

Introduction of Bills

Rep. Schuitmaker introduced

House Bill No. 5959, entitled

A bill to amend 2000 PA 403, entitled "Motor fuel tax act," by amending sections 3 and 4 (MCL 207.1003 and 207.1004), as amended by 2002 PA 668.

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

Rep. Stakoe introduced

House Bill No. 5960, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section78101 (MCL 324.78101), as amended by 2004 PA 587, and by adding section 78117.

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

Reps. Jones, Bieda, Vander Veen, Miller, Booher, Hansen, Mortimer, Polidori, Steil, Baxter, Gleason, Taub, Stahl, Gosselin and Elsenheimer introduced

House Bill No. 5961, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 684 and 685 (MCL 257.684 and 257.685), section 685 as amended by 2006 PA 14.

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

By unanimous consent the House returned to the order of

Reports of Standing Committees

The Committee on Natural Resources, Great Lakes, Land Use, and Environment, by Rep. Palsrok, Chair, reported

House Bill No. 5845, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section20101 (MCL 324.20101), as amended by 1996 PA 383.

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. Palsrok, Pavlov, Meyer, LaJoy, Elsenheimer, Moore, Pearce, Gillard, Miller, Byrnes, Bennett and Donigan

Nays: None

The Committee on Natural Resources, Great Lakes, Land Use, and Environment, by Rep. Palsrok, Chair, reported

Senate Bill No. 1040, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections30101, 30104, and 30105 (MCL 324.30101, 324.30104, and 324.30105), section 30101 as amended by 1999 PA106 and sections 30104 and 30105 as amended by 2004 PA 325.

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. Palsrok, Pavlov, Meyer, LaJoy, Elsenheimer, Moore, Pearce, Gillard, Miller, Byrnes, Bennett and Donigan

Nays: None

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Palsrok, Chair, of the Committee on Natural Resources, Great Lakes, Land Use, and Environment, was received and read:

Meeting held on: Thursday, April 20, 2006

Present: Reps. Palsrok, Pavlov, Meyer, LaJoy, Elsenheimer, Moore, Pearce, Gillard, Miller, Byrnes, Bennett and Donigan

Absent: Reps. Palmer, Ward and Kathleen Law

Excused: Reps. Palmer, Ward and Kathleen Law

______

Rep. Robertson moved that the House adjourn.

The motion prevailed, the time being 11:55 a.m.

The Speaker Pro Tempore declared the House adjourned until Tuesday, April 25, at 1:00 p.m.

GARY L. RANDALL

Clerk of the House of Representatives