2006-HJ-02-21-017.htm

No. 17

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

93rd Legislature

REGULAR SESSION OF 2006

House Chamber, Lansing, Tuesday, February 21, 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--excused Emmons--present Leland--present Rocca--present

Adamini--present Espinoza--present Lemmons, III--present Sak--present

Amos--present Farhat--present Lemmons, Jr.--present Schuitmaker--present

Anderson--present Farrah--present Lipsey--present Shaffer--present

Angerer--present Gaffney--present Marleau--present Sheen--present

Ball--present Garfield--present Mayes--present Sheltrown--present

Baxter--present Gillard--present McConico--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--excused 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--excused Kolb--present Pearce--present Whitmer--present

Dillon--present Kooiman--present Plakas--present Williams--excused

Donigan--present LaJoy--present Polidori--present Wojno--present

Drolet--excused Law, David--present Proos--present Zelenko--present

e/d/s = entered during session

Rep. Kevin A. Elsenheimer, from the 105th District, offered the following invocation:

"Lord, thank You for this day and for the opportunity to serve the residents of this great state. Help us to do Your will as we do the people's work. In Your name we pray, Amen."

______

Rep. Sak moved that Rep. Williams be excused from today's session.

The motion prevailed.

Rep. Emmons moved that Reps. Acciavatti, DeRoche, Drolet and Palmer be excused from today's session.

The motion prevailed.

Second Reading of Bills

House Bill No. 5449, entitled

A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 16q of chapter XVII (MCL 777.16q), as amended by 2002 PA 261.

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

The motion prevailed.

House Bill No. 5450, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 349 (MCL 750.349).

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

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

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

The motion prevailed

House Bill No. 5451, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," (MCL 750.1 to 750.568) by adding section 349b.

The bill was read a second time.

Rep. Proos 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. 5620, entitled

A bill to amend 1988 PA 234, entitled "Michigan Vietnam veterans memorial act," by amending section 5a (MCL 35.1055a), as added by 2000 PA 470.

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

Roll Call No. 85 Yeas--103

Accavitti Espinoza Leland Rocca

Adamini Farhat Lemmons, III Sak

Amos Farrah Lemmons, Jr. Schuitmaker

Anderson Gaffney Lipsey Shaffer

Angerer Garfield Marleau Sheen

Ball Gillard Mayes Sheltrown

Baxter Gleason McConico Smith, Alma

Bennett Gonzales McDowell Smith, Virgil

Bieda Gosselin Meisner Spade

Booher Green Meyer Stahl

Brandenburg Hansen Miller Stakoe

Brown Hildenbrand Moolenaar Steil

Byrnes Hood Moore Stewart

Byrum Hoogendyk Mortimer Taub

Casperson Hopgood Murphy Tobocman

Caswell Huizenga Newell Vagnozzi

Caul Hummel Nitz Van Regenmorter

Cheeks Hune Nofs Vander Veen

Clack Hunter Palsrok Walker

Clemente Jones Pastor Ward

Condino Kahn Pavlov Waters

Cushingberry Kolb Pearce Wenke

Dillon Kooiman Plakas Whitmer

Donigan LaJoy Polidori Wojno

Elsenheimer Law, David Proos Zelenko

Emmons Law, Kathleen Robertson

Nays--0

In The Chair: Kooiman

The House agreed to the title of the bill.

Rep. Stakoe moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

Reps. Waters, McConico, Plakas, Anderson, Stewart, Zelenko, Kolb, Lipsey, Kooiman, Meyer, Hummel, Vander Veen, Adamini, Brown, Virgil Smith, Hunter, Tobocman, Farrah, Pastor, LaJoy, Hopgood, Kathleen Law, Brandenburg, Bieda, Wojno, Clack, Condino, Vagnozzi, Taub, Accavitti, Amos, Stakoe, Gleason, Caswell, Shaffer, Hoogendyk, Nofs, Ward, Byrum, Emmons, Sak, Nitz, Stahl, Huizenga, Moolenaar, Palsrok, Gillard, Dillon, Angerer, Ball, Bennett, Byrnes, Caul, Cheeks, Clemente, Donigan, Espinoza, Gonzales, Gosselin, Hildenbrand, Jones, David Law, Leland, Lemmons, III, Lemmons, Jr., Marleau, McDowell, Miller, Pearce, Polidori, Rocca, Sheltrown, Alma Smith, Spade and Murphy were named co-sponsors of the bill.

House Bill No. 4278, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," (MCL 380.1 to 380.1852) by adding section 1164.

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

Roll Call No. 86 Yeas--60

Amos Farhat Law, David Proos

Angerer Gaffney Marleau Robertson

Ball Garfield McDowell Rocca

Baxter Gillard Meyer Schuitmaker

Bennett Gosselin Miller Shaffer

Booher Green Moolenaar Sheen

Byrnes Hansen Moore Spade

Casperson Hildenbrand Mortimer Stahl

Caswell Hoogendyk Newell Stakoe

Caul Huizenga Nitz Steil

Clack Hummel Nofs Van Regenmorter

Dillon Hune Palsrok Vander Veen

Elsenheimer Kahn Pastor Ward

Emmons Kooiman Pavlov Wenke

Espinoza LaJoy Pearce Wojno

Nays--43

Accavitti Donigan Lemmons, III Smith, Alma

Adamini Farrah Lemmons, Jr. Smith, Virgil

Anderson Gleason Lipsey Stewart

Bieda Gonzales Mayes Taub

Brandenburg Hood McConico Tobocman

Brown Hopgood Meisner Vagnozzi

Byrum Hunter Murphy Walker

Cheeks Jones Plakas Waters

Clemente Kolb Polidori Whitmer

Condino Law, Kathleen Sak Zelenko

Cushingberry Leland Sheltrown

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. Tobocman, 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:

Parents already possess the rights that this bill purports to grant. We should not be wasting legislative time to pass laws for the mere purpose of creating more public acts or to allow members to issue press releases on ideas already incorporated into statute."

Rep. Bieda, 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:

As originally introduced, this bill proposed some dramatic changes to current law -- changes I didn't necessarily agree with. The bill went through some fairly substantial changes, ultimately cumulating in the H-7 version before us today. This bill, however, does nothing new, and it is hard to support something that simply reiterates what is current practice. In addition, this is a local control issue -- one that most appropriately should be handled at the school board level. Because House Bill 4278 offers no substantive change to the law, and because it impedes local control, I voted 'no' on House Bill 4278 (H-7)."

______

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

Reports of Standing Committees

The Committee on Health Policy, by Rep. Gaffney, Chair, reported

House Bill No. 5470, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 7212, 7214, 7403, and 7404 (MCL 333.7212, 333.7214, 333.7403, and 333.7404), sections 7212, 7403, and 7404 as amended by 2002 PA 710 and section 7214 as amended by 1982 PA 352, and by adding sections 7337, 7338, 7338a, and 7338b; and to repeal acts and parts of acts.

With the recommendation that the bill be referred to the Committee on Government Operations.

Favorable Roll Call

To Report Out:

Yeas: Reps. Gaffney, Robertson, Hune, Ward, Ball, Mortimer, McDowell, Gleason and Angerer

Nays: Reps. Newell, Vander Veen, Nofs and Adamini

The recommendation was concurred in and the bill was referred to the Committee on Government Operations.

The Committee on Health Policy, by Rep. Gaffney, Chair, reported

House Bill No. 5630, entitled

A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding section 5112.

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. Gaffney, Newell, Robertson, Vander Veen, Hune, Ward, Nofs, Ball, Green, Kahn, Mortimer, Adamini, Wojno, McDowell, Murphy, Gleason and Angerer

Nays: None

The Committee on Health Policy, by Rep. Gaffney, Chair, reported

House Bill No. 5631, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending section 2253 (MCL 333.2253).

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. Gaffney, Newell, Robertson, Vander Veen, Hune, Ward, Nofs, Ball, Green, Kahn, Mortimer, Adamini, Wojno, McDowell, Murphy, Gleason and Angerer

Nays: None

The Committee on Health Policy, by Rep. Gaffney, Chair, reported

Senate Bill No. 728, entitled

A bill to amend 1978 PA 368, entitled "Public health code," by amending sections 9201, 9204, 9207, and 9227 (MCL 333.9201, 333.9204, 333.9207, and 333.9227), sections 9201 and 9227 as amended and section 9207 as added by 1996 PA 540.

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. Gaffney, Newell, Robertson, Vander Veen, Hune, Nofs, Ball, Green, Kahn, Mortimer, Adamini, Wojno, McDowell, Murphy, Gleason and Angerer

Nays: None

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, February 21, 2006

Present: Reps. Gaffney, Newell, Robertson, Vander Veen, Hune, Ward, Nofs, Ball, Green, Kahn, Mortimer, Adamini, Wojno, McDowell, Murphy, Gleason and Angerer

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, February 21, 2006

Present: Reps. LaJoy, David Law, Gosselin, Meyer, Casperson, Nitz, Pavlov, Pearce, Anderson, Byrnes, Murphy, Kathleen Law, Gleason, Leland and Condino

Absent: Reps. Wenke and Moore

Excused: Reps. Wenke and Moore

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, February 21, 2006

Present: Reps. Huizenga, Baxter, Emmons, Palsrok, Green, Hildenbrand, Pavlov, Schuitmaker, Meisner, Tobocman, Murphy, Dillon, Bennett and Accavitti

Absent: Reps. Wenke, Jones, David Law, Marleau and McConico

Excused: Reps. Wenke, Jones, David Law, Marleau and McConico

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 Friday, February 17:

House Bill Nos. 5684 5685 5686 5687 5688 5689 5690 5691 5692 5693 5694 5695 5696 5697 5698 5699 5700 5701 5702 5703 5704 5705 5706 5707 5708 5709 5710 5711 5712 5713 5714 5715 5716

Senate Bill No. 1047

The Clerk announced the enrollment printing and presentation to the Governor on Tuesday, February 21, for her approval of the following bills:

Enrolled House Bill No. 4544 at 10:17 a.m.

Enrolled House Bill No. 4606 at 10:19 a.m.

Enrolled House Bill No. 4727 at 10:21 a.m.

Enrolled House Bill No. 5498 at 10:23 a.m.

The Clerk announced that the following Senate bill had been received on Tuesday, February 21:

Senate Bill No. 1040

By unanimous consent the House returned to the order of

Messages from the Senate

Senate Bill No. 1040, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 30101, 30104, and 30105 (MCL 324.30101, 324.30104, and 324.30105), section 30101 as amended by 1999 PA 106 and sections 30104 and 30105 as amended by 2004 PA 325.

The Senate has passed the bill.

The bill was read a first time by its title and referred to the Committee on Natural Resources, Great Lakes, Land Use, and Environment.

Messages from the Governor

Date: February 16, 2006

Time: 9:21 a.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 4670 (Public Act No. 24, I.E.), being

An act to amend 1978 PA 368, entitled "An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to provide for the levy of taxes against certain health facilities or agencies; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates," (MCL 333.1101 to 333.25211) by adding section 16184.

(Filed with the Secretary of State February 16, 2006, at 1:42 p.m.)

Date: February 16, 2006

Time: 9:19 a.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5375 (Public Act No. 25, I.E.), being

(Filed with the Secretary of State February 16, 2006, at 1:44 p.m.)

Date: February 16, 2006

Time: 9:23 a.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5168 (Public Act No. 26, I.E.), being

An act to amend 1978 PA 368, entitled "An act to protect and promote the public health; to codify, revise, consolidate, classify, and add to the laws relating to public health; to provide for the prevention and control of diseases and disabilities; to provide for the classification, administration, regulation, financing, and maintenance of personal, environmental, and other health services and activities; to create or continue, and prescribe the powers and duties of, departments, boards, commissions, councils, committees, task forces, and other agencies; to prescribe the powers and duties of governmental entities and officials; to regulate occupations, facilities, and agencies affecting the public health; to regulate health maintenance organizations and certain third party administrators and insurers; to provide for the imposition of a regulatory fee; to provide for the levy of taxes against certain health facilities or agencies; to promote the efficient and economical delivery of health care services, to provide for the appropriate utilization of health care facilities and services, and to provide for the closure of hospitals or consolidation of hospitals or services; to provide for the collection and use of data and information; to provide for the transfer of property; to provide certain immunity from liability; to regulate and prohibit the sale and offering for sale of drug paraphernalia under certain circumstances; to provide for the implementation of federal law; to provide for penalties and remedies; to provide for sanctions for violations of this act and local ordinances; to provide for an appropriation and supplements; to repeal certain acts and parts of acts; to repeal certain parts of this act; and to repeal certain parts of this act on specific dates," by amending sections 16146, 16174, and 16245 (MCL 333.16146, 333.16174, and 333.16245), section 16146 as amended by 1988 PA 462, section 16174 as amended by 2002 PA 643, and section 16245 as amended by 1998 PA 109.

(Filed with the Secretary of State February 17, 2006, at 10:01 a.m.)

Date: February 16, 2006

Time: 9:25 a.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5448 (Public Act No. 27, I.E.), being

An act to amend 1974 PA 258, entitled "An act to codify, revise, consolidate, and classify the laws relating to mental health; to prescribe the powers and duties of certain state and local agencies and officials and certain private agencies and individuals; to regulate certain agencies and facilities providing mental health services; to provide for certain charges and fees; to establish civil admission procedures for individuals with mental illness or developmental disability; to establish guardianship procedures for individuals with developmental disability; to establish procedures regarding individuals with mental illness or developmental disability who are in the criminal justice system; to provide for penalties and remedies; and to repeal acts and parts of acts," by amending section 147 (MCL 330.1147), as amended by 1991 PA 40, and by adding section 134a.

(Filed with the Secretary of State February 17, 2006, at 10:03 a.m.)

Communications from State Officers

The following communications from the Secretary of State were received and read:

Notices of Filing

Administrative Rules

February 2, 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 10:50 A.M. this date, administrative rule (06-02-01) for the Department of Community Health, Director's Office, entitled "Respiratory Care-General Rules" These rules become effective immediately upon filing with the Secretary of State unless adopted under sections 33, 44, 45a(6), of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.

February 2, 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 10:52 A.M. this date, administrative rule (06-02-02) for the Department of Environmental Quality, Office of Geological Survey, entitled "Part 632. Nonferrous Metallic Mineral Mining" These rules become effective immediately upon filing with the Secretary of State unless adopted under sections 33, 44, 45a(6), of 1969 PA 306. Rules adopted under these sections become effective 7 days after filing with the Secretary of State.

Sincerely,

Terri Lynn Land

Secretary of State

Robin Houston, Office Supervisor

Office of the Great Seal

The communications were referred to the Clerk.

Introduction of Bills

Reps. Gonzales, Vagnozzi, Plakas, Polidori, Clack, Farrah and Gleason introduced

House Bill No. 5717, entitled

A bill to amend 1893 PA 206, entitled "The general property tax act," by amending sections 59 and 78n (MCL 211.59 and 211.78n), section 59 as amended by 2001 PA 97 and section 78n as added by 1999 PA 123.

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

Reps. Shaffer, Jones, Nitz, Caswell, Booher, Schuitmaker, Ball, Cushingberry and Pastor introduced

House Bill No. 5718, entitled

A bill to amend 1851 PA 156, entitled "An act to define the powers and duties of the county boards of commissioners of the several counties, and to confer upon them certain local, administrative and legislative powers; and to prescribe penalties for the violation of the provisions of this act," by amending section 11 (MCL 46.11), as amended by 2003 PA 94.

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

Reps. Caul, Vander Veen, Emmons, Ball, Nitz, Proos, Pavlov, Wenke, Polidori, Hansen and Stahl introduced

House Bill No. 5719, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," (MCL 750.1 to 750.568) by adding sections 217g and 217h.

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

Rep. Brown introduced

House Bill No. 5720, entitled

A bill to make appropriations for the department of agriculture for the fiscal year ending September 30, 2007; to provide for the expenditure of the appropriations; to create funds; to provide for the imposition of fees; to require reports, audits, and plans; to authorize certain transfers by certain state agencies; and to provide for the disposition of fees and other income received by certain state agencies.