2004-HJ-01-22-004

No. 4

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

92nd Legislature

REGULAR SESSION OF 2004

House Chamber, Lansing, Thursday, January 22, 2004.

10:00 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 Garfield--present Meisner--present Sheen--present

Acciavatti--present Gieleghem--present Meyer--present Sheltrown--present

Adamini--present Gillard--present Middaugh--present Shulman--present

Amos--present Gleason--present Milosch--present Smith--present

Anderson--present Hager--present Minore--present Spade--present

Bieda--present Hardman--present Moolenaar--present Stahl--present

Bisbee--excused Hart--present Mortimer--present Stakoe--present

Bradstreet--present Hood--present Murphy--present Stallworth--excused

Brandenburg--present Hoogendyk--present Newell--present Steil--present

Brown--present Hopgood--present Nitz--present Stewart--present

Byrum--present Howell--present Nofs--present Tabor--present

Casperson--present Huizenga--present O'Neil--present Taub--present

Caswell--present Hummel--present Palmer--present Tobocman--present

Caul--present Hune--present Palsrok--present Vagnozzi--present

Cheeks--present Hunter--present Pappageorge--present Van Regenmorter--present

Clack--present Jamnick--present Pastor--present Vander Veen--present

Condino--present Johnson, Rick--present Phillips--present Voorhees--present

Daniels--excused Johnson, Ruth--present Plakas--present Walker--present

Dennis--present Julian--present Pumford--present Ward--present

DeRoche--present Koetje--present Reeves--present Waters--present

DeRossett--present Kolb--present Richardville--present Wenke--excused

Drolet--present Kooiman--present Rivet--present Whitmer--present

Ehardt--present LaJoy--present Robertson--present Williams--present

Elkins--present LaSata--present Rocca--present Wojno--present

Emmons--present Law--present Sak--present Woodward--present

Farhat--present Lipsey--present Shackleton--present Woronchak--present

Farrah--present McConico--present Shaffer--present Zelenko--present

Gaffney--present

e/d/s = entered during session

Rep. Carl M. Williams, from the 95th District, offered the following invocation:

"O Thou, Who abideth in our hearts, Who art the perfection of love, harmony and beauty, most merciful and compassionate God of heaven and earth, open our hearts that we may hear Thy voice which constantly cometh from within. Disclose to us Thy divine light, which is hidden in our souls, that we may know and understand life better. We ask Thy forgiveness for all of our shortcomings. Give us Thy great goodness and teach us Thy love, kindness and forgiveness. Raise us above the distinctions and differences which divide us. We begin this new year with pure hearts and clear conscience; with courage and hope. Help us to fulfill the purpose of our lives under Your divine guidance. Send us peace and unite us all in Your perfect being. Amen."

______

Rep. Waters moved that Rep. Daniels be excused from today's session.

The motion prevailed.

Rep. Palmer moved that Reps. Bisbee and Wenke be excused from today's session.

The motion prevailed.

Messages from the Senate

The Speaker laid before the House

House Bill No. 4478, entitled

A bill to amend 1990 PA 211, entitled "The parental rights restoration act," by amending sections 3 and 4 (MCL 722.903 and 722.904).

(The bill was received from the Senate on January 21, with substitute (S-2) and full title inserted, consideration of which, under the rules, was postponed until today, see House Journal No. 3, p. 33.)

The question being on concurring in the substitute (S-2) made to the bill by the Senate,

The substitute (S-2) was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 4 Yeas--71

Acciavatti Hart Newell Sheen

Amos Hoogendyk Nitz Sheltrown

Bradstreet Howell Nofs Shulman

Brandenburg Huizenga O'Neil Spade

Brown Hummel Palmer Stahl

Casperson Hune Palsrok Stakoe

Caswell Johnson, Rick Pappageorge Steil

Caul Johnson, Ruth Pastor Stewart

DeRoche Julian Plakas Tabor

DeRossett Koetje Pumford Taub

Drolet Kooiman Reeves Van Regenmorter

Ehardt LaJoy Richardville Vander Veen

Emmons LaSata Rivet Voorhees

Farhat Meyer Robertson Walker

Gaffney Middaugh Rocca Ward

Garfield Milosch Sak Wojno

Gleason Moolenaar Shackleton Woronchak

Hager Mortimer Shaffer

Nays--34

Accavitti Elkins Kolb Smith

Adamini Farrah Law Tobocman

Anderson Gieleghem Lipsey Vagnozzi

Bieda Gillard McConico Waters

Byrum Hardman Meisner Whitmer

Cheeks Hood Minore Williams

Clack Hopgood Murphy Woodward

Condino Hunter Phillips Zelenko

Dennis Jamnick

In The Chair: Julian

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.

______

Rep. Accavitti, having reserved the right to explain his nay vote, made the following statement:

"Mr. Speaker and members of the House:

I voted 'no' on House Bill 4478(S-2) because we already have a parental consent law in Michigan that works. This bill ties the hands of judges who under the current law can address individual circumstances on a case by case basis. This bill does not allow a judge to take into consideration the unique circumstances of why a minor is seeking a judicial bypass of the state's parental consent law. This bill also puts a significant burden of proof on a minor by requiring the judge to automatically assume that the minor is not capable of making her own medical decisions.

This bill also puts a minor on trial by allowing the minor's school activities, grades, and the circumstances of the pregnancy to be discussed and questioned. When a minor seeks a waiver from parental consent in front of a judge, the judge should be allowed to evaluate that request based on the circumstances surrounding the minor's situation and health and not through dictated political factors determined by the legislature."

Reps. Vagnozzi and Waters, having reserved the right to explain their nay vote, made the following statement:

"Mr. Speaker and members of the House:

I voted 'no' on House Bill 4478 because we already have a parental consent law in Michigan that works. This bill ties the hands of judges who under the current law can address individual circumstances on a case by case basis. This bill does not allow a judge to take into consideration the unique circumstances of why a minor is seeking a judicial bypass of the state's parental consent law. This bill also puts a significant burden of proof on a minor by requiring the judge to automatically assume that the minor is not capable of making her own medical decisions.

This bill also puts a minor on trial by allowing the minor's school activities, grades, and sexual activity to be discussed and even questioned by an attorney representing the interests of the absent parent. In addition, the bill takes away a minor's ability to petition the court if the circumstances of her pregnancy change by only allowing the minor to appeal any decision to the Court of Appeals. When a minor seeks a waiver from parental consent in front of a judge, the judge should be allowed to evaluate that request based on the circumstances surrounding the minor's situation and health and not through dictated political factors determined by the legislature."

Rep. Anderson, having reserved the right to explain his nay vote, made the following statement:

"Mr. Speaker and members of the House:

I voted 'no' on House Bill 4478(S-2) because we already have a parental consent law in Michigan that works. The changes made by the Senate make this bad bill even worse. This bill ties the hands of judges who under the current law can address individual circumstances on a case by case basis. This bill does not allow a judge to take into consideration the unique circumstances of why a minor is seeking a judicial bypass of the state's parental consent law. This bill also puts a significant burden of proof on a minor by requiring the judge to automatically assume that the minor is not capable of making her own medical decisions.

The Senate returned in accordance with the request of the House

House Bill No. 4236, entitled

A bill 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 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 16131, 16186, and 16263 (MCL 333.16131, 333.16186, and 333.16263), sections 16131 and 16263 as amended by 2001 PA 139 and section 16186 as amended by 2002 PA 643, and by adding section 16344 and part 187.

(The bill was enrolled on December 17, 2003, see House Journal No. 95 of 2003, p. 2459; enrollment vacated and bill returned to the Senate per Senate request on January 14, 2004, see House Journal No. 1, p. 4.)

Rep. Richardville moved that Rule 67 be suspended.

The motion prevailed, 3/5 of the members present voting therefor.

Rep. Richardville moved to reconsider the vote by which the House concurred in the Senate substitute (S-1), as amended.

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

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

Rep. Ehardt moved to amend the Senate substitute (S-1) as follows:

1. Amend page 2, line 14, by striking out all of section 16186 and inserting:

"Sec. 16186. (1) An individual who is licensed to practice a health profession in another state or, until January 1, 2007, is licensed to practice a health profession in a province of Canada, who is registered in another state, or who holds a health profession specialty field license or specialty certification from another state and who applies for licensure, registration, specialty certification, or a health profession specialty field license in this state may be granted an appropriate license or registration or specialty certification or health profession specialty field license upon satisfying the board or task force to which the applicant applies as to all of the following:

(a) The applicant substantially meets the requirements of this article and rules promulgated under this article for licensure, registration, specialty certification, or a health profession specialty field license.

(b) Subject to subsection (3), the applicant is licensed, registered, specialty certified, or specialty licensed in another state or, until January 1, 2007, is licensed in a province in Canada that maintains standards substantially equivalent to those of this state.

(c) Subject to subsection (3), until January 1, 2007, if the applicant is licensed to practice a health profession in a province in Canada, the applicant completed the educational requirements in Canada or in the United States for licensure in Canada or in the United States.

(d) Until January 1, 2007, if the applicant is licensed to practice a health profession in a province in Canada, that the applicant will perform the professional services for which he or she bills in this state, and that any resulting request for third party reimbursement will originate from the applicant's place of employment in this state.

(2) Before granting a license, registration, specialty certification, or a health profession specialty field license to the applicant, the board or task force to which the applicant applies may require the applicant to appear personally before it for an interview to evaluate the applicant's relevant qualifications.

(3) For purposes of the 2002 amendatory act that added this subsection, an applicant who is licensed in a province in Canada who meets the requirements of subsection (1)(c) and takes and passes a national examination in this country that is approved by the appropriate Michigan licensing board, or who takes and passes a Canadian national examination approved by the appropriate Michigan licensing board, is considered to have met the requirements of subsection (1)(b). This subsection does not apply if the department, in consultation with the appropriate licensing board, promulgates a rule disallowing the use of this subsection for an applicant licensed in a province in Canada.

(4) If the department receives an application for licensure under part 187 from an individual who is licensed as a respiratory therapist in the country of Canada, the department shall consult the international reciprocity agreement executed by the national board for respiratory care and the Canadian society of respiratory therapists in effect on the effective date of the amendatory act that added this subsection.".

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

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

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

Roll Call No. 5 Yeas--97

Accavitti Gieleghem Meyer Shaffer

Acciavatti Gillard Middaugh Sheltrown

Adamini Gleason Minore Shulman

Amos Hager Moolenaar Smith

Anderson Hardman Mortimer Spade

Bieda Hart Murphy Stahl

Bradstreet Hood Newell Stakoe

Brandenburg Hopgood Nitz Steil

Brown Howell Nofs Stewart

Byrum Huizenga O'Neil Tabor

Casperson Hummel Palmer Taub

Caswell Hunter Palsrok Tobocman

Caul Jamnick Pappageorge Vagnozzi

Cheeks Johnson, Rick Pastor Van Regenmorter

Clack Johnson, Ruth Phillips Vander Veen

Condino Julian Plakas Voorhees

Dennis Koetje Pumford Walker

DeRossett Kolb Reeves Ward

Ehardt Kooiman Richardville Waters

Elkins LaJoy Rivet Whitmer

Emmons LaSata Robertson Wojno

Farhat Law Rocca Woodward

Farrah Lipsey Sak Woronchak

Gaffney Meisner Shackleton Zelenko

Garfield

Nays--7

DeRoche Hoogendyk Milosch Williams

Drolet Hune Sheen

In The Chair: Julian

______

Rep. Richardville moved that House Committees be given leave to meet during the balance of today's session.

The motion prevailed.

Rep. Richardville moved that when the House adjourns today it stand adjourned until Tuesday, January 27, at 6:00 p.m.

The motion prevailed.

By unanimous consent the House returned to the order of

Reports of Standing Committees

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

House Bill No. 4969, entitled

A bill to amend 1939 PA 280, entitled "The social welfare act," by amending section 57k (MCL 400.57k), as added by 1998 PA 361.

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 and laid over one day under the rules.

Favorable Roll Call

To Report Out:

Yeas: Reps. Hager, Stahl, Hart, Vander Veen, Voorhees, Sheen, Hardman, Clack and Elkins

Nays: None

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

House Bill No. 5087, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending section 1179 (MCL 380.1179), as added by 2000 PA 10.

With the recommendation that the following amendment be adopted and that the bill then pass.

1. Amend page 3, line 2, after "use" by inserting "or possess".

The bill and amendment were referred to the order of Second Reading of Bills and laid over one day under the rules.

Favorable Roll Call

To Report Out:

Yeas: Reps. Hager, Stahl, Hart, Vander Veen, Voorhees, Sheen, Hardman, Clack and Elkins

Nays: None

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Hager, Chair, of the Committee on Family and Children Services, was received and read:

Meeting held on: Wednesday, January 21, 2004

Present: Reps. Hager, Stahl, Hart, Vander Veen, Voorhees, Sheen, Hardman, Clack and Elkins

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Ruth Johnson, Chair, of the Committee on Land Use and Environment, was received and read:

Meeting held on: Wednesday, January 21, 2004

Present: Reps. Ruth Johnson, LaJoy, Milosch, Nitz, Ward, Farrah, Gieleghem, Dennis and Law

Absent: Reps. Ehardt and DeRossett

Excused: Reps. Ehardt and DeRossett

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Thursday, January 22, 2004

Present: Reps. DeRossett, Casperson, Gaffney, Huizenga, LaJoy, Robertson, Ward, Anderson, Jamnick, Gleason, Tobocman, Adamini, Murphy and Elkins

Absent: Reps. Hummel, DeRoche and Hune

Excused: Reps. Hummel, DeRoche and Hune

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 Thursday, January 22:

House Bill Nos. 5411 5412 5413 5414 5415 5416

The Clerk announced that the following Senate bills had been received on Thursday, January 22:

Senate Bill Nos. 753 755 756 757

By unanimous consent the House returned to the order of

Messages from the Senate

Senate Bill No. 753, entitled

A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding section 5474a; and to repeal acts and parts of acts.

The Senate has passed the bill.

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

Senate Bill No. 755, entitled

A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding section 20531.

The Senate has passed the bill.

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

Senate Bill No. 756, entitled

A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding section 5474b.

The Senate has passed the bill.

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

Senate Bill No. 757, entitled

A bill to amend 1978 PA 368, entitled "Public health code," (MCL 333.1101 to 333.25211) by adding section 5475a.

The Senate has passed the bill.

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

Introduction of Bills

Reps. Clack, Condino, Vagnozzi, Dennis, Waters, Sak, Byrum, Gieleghem, Woodward, Zelenko, Gaffney, Rocca, Hood, Pumford, Hager, Ehardt, Stahl, Vander Veen, Tobocman, Adamini, Elkins, Minore, Gleason, Murphy, Cheeks, Smith, Meisner, Plakas, Reeves, Whitmer, Williams, Kolb, Accavitti, Farrah and Daniels introduced

House Bill No. 5417, entitled

A bill to amend 1939 PA 280, entitled "The social welfare act," by repealing section 14i (MCL 400.14i).

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

Reps. Hager, Vander Veen, Stahl, Voorhees, Sheen, Elkins, Clack and Hardman introduced

House Bill No. 5418, entitled

A bill to amend 1975 PA 238, entitled "Child protection law," by amending section 8d (MCL 722.628d), as amended by 2002 PA 661.

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

Reps. Steil, Tobocman, Nofs, Milosch, Murphy, LaJoy, Ruth Johnson, Caul, Brandenburg, Pastor, Hoogendyk, Sheen, Palmer, Taub, Voorhees, Meyer, Huizenga, Hager, Hummel, Kooiman, Stahl, Bradstreet, Middaugh, Stakoe, DeRoche and Newell introduced

House Bill No. 5419, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," (MCL 380.1 to 380.1852) by adding section 1136.

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

Reps. Steil, Nofs, Murphy and LaJoy introduced

House Bill No. 5420, entitled

A bill to amend 1893 PA 206, entitled "The general property tax act," by amending section 56a (MCL 211.56a), as amended by 1998 PA 435.

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

Reps. Accavitti, Wojno, Sak, Gillard, Law, Plakas, Condino, Tobocman, Minore, Gieleghem, Meisner, Hunter, Woronchak, Gaffney and Rocca introduced

House Bill No. 5421, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 11511b.

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

Reps. Hunter, Condino, Vagnozzi, Tobocman, Dennis, Clack, Phillips, Accavitti, Wojno, Cheeks, Kolb, Lipsey, Meisner, Farrah, Elkins, McConico and Waters introduced

House Bill No. 5422, entitled

A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," (MCL 600.101 to 600.9947) by adding section 2974.

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

Reps. Hardman, Spade, Smith, Phillips, McConico, Dennis, Murphy and Shaffer introduced

House Bill No. 5423, entitled

A bill to amend 1998 PA 58, entitled "Michigan liquor control code of 1998," by amending sections 701 and 903 (MCL 436.1701 and 436.1903), section 701 as amended by 2002 PA 725 and section 903 as amended by 2000 PA 431.

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

Reps. Hardman, Smith, Phillips, McConico, Murphy and Shaffer introduced

House Bill No. 5424, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," (MCL 380.1 to 380.1852) by adding section 1299a.

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

Reps. Hardman, Smith, Phillips, McConico, Dennis, Murphy and Rocca introduced

House Bill No. 5425, entitled

A bill to amend 1990 PA 187, entitled "The pupil transportation act," by amending section 49 (MCL 257.1849), as amended by 1994 PA 309.

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

Reps. Nofs, Hoogendyk, Wenke, Gaffney, Nitz, Stahl, Ward, Stakoe, Caswell, DeRossett, Pastor, Pappageorge, Howell, Meyer, Steil, Tabor, Middaugh, Palsrok, Casperson, Garfield, Milosch, Condino, Farhat, Shackleton, Van Regenmorter, Caul, DeRoche, Newell, Clack, Kooiman, Hune, Robertson and Acciavatti introduced

House Bill No. 5426, entitled

A bill to amend 1937 PA 94, entitled "Use tax act," (MCL 205.91 to 205.111) by adding section 4y.

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

Reps. Newell, Voorhees, Palmer, Milosch, Stahl, Mortimer, Sheen, Ehardt, Shackleton, Vander Veen, Middaugh, Pappageorge, Huizenga, Acciavatti, LaJoy, Caswell, Hune, Walker, Bradstreet, Bisbee, Nitz, Van Regenmorter, Pastor, Hager, Gaffney, Steil, Meyer, Farhat, Brandenburg, Hummel, Howell, Nofs, Casperson, Tabor, Robertson, Kooiman, Hoogendyk, Palsrok, Ruth Johnson, Julian, Emmons, Moolenaar, Ward, Shaffer, Garfield, Shulman, Stakoe, Rocca, Richardville, DeRoche, Rick Johnson, Pumford, Caul, Koetje, Taub, O'Neil and Gleason introduced

House Joint Resolution U, entitled

A joint resolution proposing an amendment to the state constitution of 1963, by adding section 25 to article I, to define marriage as only between one man and one woman.

The joint resolution was read a first time by its title and referred to the Committee on Family and Children Services.

Rep. Van Regenmorter moved that the House adjourn.

The motion prevailed, the time being 11:45 a.m.

The Speaker Pro Tempore declared the House adjourned until Tuesday, January 27, at 6:00 p.m.

GARY L. RANDALL

Clerk of the House of Representatives