2005-HJ-07-20-065.htm

No. 65

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

93rd Legislature

REGULAR SESSION OF 2005

House Chamber, Lansing, Wednesday, July 20, 2005.

1:00 p.m.

The House was called to order by the Clerk.

The roll was called by the Clerk of the House of Representatives, who announced that a quorum was not present.

Rep. John P. Stakoe, from the 44th District, offered the following invocation:

"Our Heavenly Father, we thank You for this day that You have given to us. We thank You for another year that You have provided for us and for our families as well.

Almighty Lord, we ask You for Your guidance today as we pray for the strength to change the things we can, for the humbleness to accept the things we cannot change, and God, give us the wisdom to know the difference. In Your Name we pray. Amen."

Reports of Standing Committees

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

Senate Bill No. 373, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," (MCL 750.1 to 750.568) by adding section 236a.

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. Casperson, Hildenbrand, Garfield, Nitz, Baxter, Rocca, McDowell, Sheltrown and Gillard

Nays: None

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

Senate Bill No. 620, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," (MCL 750.1 to 750.568) by adding section 236b.

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. Casperson, Hildenbrand, Garfield, Nitz, Baxter, Rocca, McDowell, Sheltrown and Gillard

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: Wednesday, July 13, 2005

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

Absent: Reps. Stakoe and Espinoza

Excused: Reps. Stakoe and Espinoza

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Monday, July 18, 2005

Present: Reps. Sheen, Meyer, Drolet, Hoogendyk, Stakoe, Jones, Condino, Farrah, Miller and Meisner

Absent: Reps. Gosselin, Newell, Palmer, Marleau, Bieda, Zelenko and Bennett

Excused: Reps. Gosselin, Newell, Palmer, Marleau, Bieda, Zelenko and Bennett

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, July 20, 2005

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

Absent: Reps. Palmer, Farrah and Zelenko

Excused: Reps. Palmer, Farrah and Zelenko

Notices

The Speaker appointed as conferees, on the part of the House of Representatives for House Bill No. 4831, Reps. Hummel, Pastor and Whitmer.

The Speaker appointed as conferees, on the part of the House of Representatives for House Bill No. 4887, Reps. Moolenaar, Farhat and Plakas.

June 13, 2005

Ms. Carol Morey Viventi Mr. Gary L. Randall

Secretary of the Senate Clerk of the House

P.O. Box 30036 P.O. Box 30014

Lansing, MI 48909 Lansing, MI 48909

Dear Ms. Viventi and Mr. Randall:

Pursuant to Public Act 224 of 2004 (MCL 600.1082), we are making the following appointments to the State Drug Treatment Court Advisory Committee:

Mr. Lawrence Belen, 9182 West OP Ave., Mattawan, MI 49071, representing law enforcement in a jurisdiction that has had a drug or alcohol treatment court for at least two years, for a term of three years,

Judge Patrick Bowler, P.O. Box 3527, Grand Rapids, MI 49501, representing the Michigan association of drug court professionals, for a term of two years,

Ms. Kathleen Brickley, 731 North Shore Drive, South Haven, MI 49090, representing defense attorneys who have worked for at least two years with drug or alcohol treatment courts, for a term of three years,

Mr. Andrew Konwiak, 1095 Roslyn, Grosse Pointe Woods, MI 48236, representing drug treatment providers who have worked at least two years with a drug or alcohol treatment court, for a term of three years,

Ms. Constance Laine, 223 South Lauderdale, Kalamazoo, MI 49006, representing a court administrator who has worked for at least two years with a drug or alcohol treatment court, for a term of four years,

Judge Brian Mackenzie, 40640 Eight Mile Rd., Novi, MI 48167, representing a circuit or district court judge who has presided for at least two years over an alcohol treatment court, for a term of four years,

Ms. Beth Morrison, 700 Seymour Lake Road, Oxford, MI 48371, representing domestic violence service provider programs that receive funding from the state domestic violence prevention and treatment board, for a term of two years,

Judge William Rush, 300 Russell #5, Mt. Pleasant, MI 48858, representing a district court judge who has presided for at least two years over a drug treatment court, for a term of four years,

Mr. Jeffrey Sauter, 2682 Walnut Grove, Grand Ledge, MI 48837, representing a prosecuting attorney who has worked for at least two years with a drug or alcohol treatment court, for a term of three years,

Judge William Schma, 4725 Carver Dr., Kalamazoo, MI 49009, representing a circuit court judge who has presided for at least two years over a drug treatment court, for a term of four years,

Mr. Terrence Sizeland, 5761 S. Ainger Rd., Olivet, MI 49076, representing an individual who has successfully completed a drug treatment court program, for a term of three years,

Mr. Homer Smith, 1615 Holbrook, Holt, MI 48842, representing an individual who is an advocate for the rights of crime victims, for a term of two years,

Judge Edward Sosnick, 4585 Kirkcaldy, Bloomfield Hills, MI 48304, representing a judge of the family division of circuit court who has presided for at least two years over a juvenile drug treatment court program, for a term of four years,

Mr. Chuck Spence, 6244 Hampton St., Portage, MI 49024, representing an individual representing a substance abuse coordinating agency, for a term of two years.

Respectfully,

Ken Sikkema Craig M. DeRoche

Senate Majority Leader Speaker of the House

Announcement by the Clerk of Printing and Enrollment

The Clerk announced that the following bills and joint resolution had been printed and placed upon the files of the members on Thursday, July 14:

House Bill Nos. 5049 5050 5051 5052 5053 5054 5055 5056 5057 5058 5059

House Joint Resolution M

Messages from the Governor

Date: July 19, 2005

Time: 7:19 a.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 4434 (Public Act No. 72, 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 17753.

(Filed with the Secretary of State July 19, 2005, at 10:46 a.m.)

Date: July 19, 2005

Time: 7:24 a.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 4714 (Public Act No. 74, I.E.), being

An act to amend 1994 PA 451, entitled "An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, and assessments; to provide certain appropriations; to prescribe penalties and provide remedies; to repeal certain parts of this act on a specific date; and to repeal certain acts and parts of acts," (MCL 324.101 to 324.90106) by adding section 41321; and to repeal acts and parts of acts.

(Filed with the Secretary of State July 19, 2005, at 10:50 a.m.)

Date: July 19, 2005

Time: 7:26 a.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 4715 (Public Act No. 75, I.E.), being

(Filed with the Secretary of State July 19, 2005, at 10:52 a.m.)

Date: July 19, 2005

Time: 7:28 a.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 4716 (Public Act No. 76, I.E.), being

An act to amend 1994 PA 451, entitled "An act to protect the environment and natural resources of the state; to codify, revise, consolidate, and classify laws relating to the environment and natural resources of the state; to regulate the discharge of certain substances into the environment; to regulate the use of certain lands, waters, and other natural resources of the state; to prescribe the powers and duties of certain state and local agencies and officials; to provide for certain charges, fees, and assessments; to provide certain appropriations; to prescribe penalties and provide remedies; to repeal certain parts of this act on a specific date; and to repeal certain acts and parts of acts," by amending section 41309 (MCL 324.41309), as added by 2003 PA 270.

(Filed with the Secretary of State July 19, 2005, at 10:54 a.m.)

Date: July 19, 2005

Time: 7:40 a.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 4826 (Public Act No. 82, I.E.), being

An act to amend 1982 PA 250, entitled "An act to establish the state child abuse and neglect prevention board; to provide the powers and duties of the state child abuse and neglect prevention board; and to prescribe the powers and duties of certain state departments," by amending section 4 (MCL 722.604).

(Filed with the Secretary of State July 19, 2005, at 11:06 a.m.)

Date: July 19, 2005

Time: 9:17 a.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 4405 (Public Act No. 85, 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 17708, 17751, and 17763 (MCL 333.17708, 333.17751, and 333.17763), sections 17708 and 17751 as amended by 1997 PA 153 and section 17763 as amended by 2004 PA 536.

(Filed with the Secretary of State July 19, 2005, at 11:12 a.m.)

Date: July 19, 2005

Time: 7:20 a.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 4322 (Public Act No. 86, I.E.), being

(Filed with the Secretary of State July 20, 2005, at 9:44 a.m.)

Date: July 20, 2005

Time: 9:08 a.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 4607 (Public Act No. 88, I.E.), being

An act to amend 1949 PA 300, entitled "An act to provide for the registration, titling, sale, transfer, and regulation of certain vehicles operated upon the public highways of this state or any other place open to the general public or generally accessible to motor vehicles and distressed vehicles; to provide for the licensing of dealers; to provide for the examination, licensing, and control of operators and chauffeurs; to provide for the giving of proof of financial responsibility and security by owners and operators of vehicles; to provide for the imposition, levy, and collection of specific taxes on vehicles, and the levy and collection of sales and use taxes, license fees, and permit fees; to provide for the regulation and use of streets and highways; to create certain funds; to provide penalties and sanctions for a violation of this act; to provide for civil liability of owners and operators of vehicles and service of process on residents and nonresidents; to provide for the levy of certain assessments; to provide for the enforcement of this act; to provide for the creation of and to prescribe the powers and duties of certain state and local agencies; to impose liability upon the state or local agencies; to provide appropriations for certain purposes; to repeal all other acts or parts of acts inconsistent with this act or contrary to this act; and to repeal certain parts of this act on a specific date," by amending section 627a (MCL 257.627a), as amended by 2000 PA 110.

(Filed with the Secretary of State July 20, 2005, at 9:48 a.m.)

Date: July 20, 2005

Time: 9:10 a.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 4821 (Public Act No. 89, I.E.), being

An act to amend 1967 PA 270, entitled "An act to provide for the release of certain information or data relating to health care research or education, health care entities, practitioners, or professions, or certain governmentally funded programs; to limit the liability with respect to the release of certain information or data; and to safeguard the confidential character of certain information or data," by amending section 1 (MCL 331.531), as amended by 2002 PA 600.

(Filed with the Secretary of State July 20, 2005, at 9:50 a.m.)

Communications from State Officers

The following communication from the Department of State Police was received and read:

July 11, 2005

I am writing to inform you that the FY04 Annual Report and Evaluation for the Secondary Road Patrol (SRP) and Traffic Accident Prevention Program mailed to you in April has been revised due to a reporting error.

The number of SRP deputies originally reported to the Office of Highway Safety Planning was 201. The correct number was actually 182. This over-reporting negatively affected the statistics of the activities per SRP officer in the annual report.

Please replace your prior copy with the enclosed corrected version of the FY04 SRP Annual Report. The corrected report has also been placed on the Office of Highway Safety Planning web site at http://www.michigan.gov/ohsp.

Sincerely,

JULIE BOTSFORD

Program Coordinator

Secondary Road Patrol Program

Office of Highway Safety Planning

The communication was referred to the Clerk.

The following communication from the Auditor General was received and read:

July 15, 2005

Enclosed is a copy of the following audit report and/or report summary:

Performance audit of the Bureau of Substance Abuse and Addiction Services,

Department of Community Health

July 2005

Sincerely,

Thomas H. McTavish, C.P.A.

Auditor General

The communication was referred to the Clerk and the accompanying report referred to the Committee on Government Operations.

By unanimous consent the House returned to the order of

Motions and Resolutions

Reps. Miller, Bennett, Gillard, Kehrl, Cushingberry, Vagnozzi, Polidori, Wojno, Angerer, Espinoza, Alma Smith, Condino, Gleason, Plakas, Hopgood, Donigan, Accavitti, Farrah, Clack, Anderson, Adamini, Brown, Williams, Phillips, Waters, Bieda, Meisner, Mayes, Leland, Hunter, Lemmons, Jr., Kathleen Law and Lemmons, III offered the following resolution:

House Resolution No. 111.

A resolution to memorialize the Congress and the President of the United States to oppose the Central American Free Trade Agreement.

Whereas, A proposal is pending to finalize a new trade agreement involving the United States and several Central American countries. The Central American Free Trade Agreement (CAFTA) would alter the way our nation trades with the countries of Costa Rica, the Dominican Republic, El Salvador, Guatemala, Honduras, and Nicaragua; and

Whereas, Leaders of several industry groups in the United States, including workers, have expressed serious reservations over the prospect of CAFTA going into effect. While the example of what has happened to certain segments of the economy of the United States in the wake of the North American Free Trade Agreement is often cited in arguments against CAFTA, there are many other reasons individuals and groups are opposed to CAFTA; and

Whereas, Major problems identified by CAFTA opponents include concerns that the agreement would increase domination by agricultural monopolies, with serious costs to family farming in the United States; that the agreement does not provide adequate safeguards of internationally recognized standards for labor, public health, and the environment; that the agreement will speed up the loss of American jobs in many areas; and that the agreement ignores the fact that the economies of the other member countries could not support the purchase of American goods; and

Whereas, The state of the United States economy, which is adjusting to the impact of outsourcing and uncertainties in the areas of energy and foreign currencies, is precarious. Approving the CAFTA proposal would further jeopardize our country and its workers; now, therefore, be it

Resolved by the House of Representatives, That we memorialize the Congress and the President of the United States to oppose the Central American Free Trade Agreement; 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.

Reps. Taub, Stahl, Vander Veen, Elsenheimer, Palmer, Drolet, Garfield, Baxter, Hoogendyk and Brandenburg offered the following resolution:

House Resolution No. 112.

A resolution to memorialize the United States Senate to establish the precedent that it will allow votes for all judicial nominees of the President.

Whereas, The United States Senate has the duty to provide advice and consent for the President's judicial nominees. This crucial step serves both as a caution to the President to choose nominees wisely with regard to qualifications and temperament, and a chance to scrutinize these nominees and reject them when appropriate; and

Whereas, It has been an unfortunate trend of recent years, with both parties bearing responsibility, for judicial nominations to be treated as another front in the political wars of Washington, D. C. These bitter and prolonged battles undermine civility and weaken our judicial branch by preventing the full staffing of our courts. Real people suffer hardship when their search for justice in our federal courts is delayed unnecessarily as a result of too few judges scrambling to cover the workload they are assigned; and

Whereas, The United States Senate must rise above the partisan battles to ensure that the institution of the Senate does not transform itself from the world's greatest deliberative body into a political side show. Advice and consent must not degenerate into object and obstruct; now, therefore, be it

Resolved by the House of Representatives, That we memorialize the United States Senate to establish the precedent that it will allow votes for all judicial nominees of the President; and be it further

Resolved, That copies of this resolution be transmitted to the President of the United States Senate and Michigan's United States Senators.

The resolution was referred to the Committee on Government Operations.

Introduction of Bills

Reps. Steil, Elsenheimer, Jones, Green, Gosselin, Hune, Sheltrown, Nofs, Hoogendyk, Palmer, Robertson, Amos, Hummel, Stahl, Ball, Anderson, Vander Veen, Drolet, Rocca, Moolenaar, Pearce, Kooiman and Lemmons, III introduced

House Bill No. 5060, entitled

A bill to amend 1911 PA 149, entitled "An act to provide for the acquisition by purchase, condemnation and otherwise by state agencies and public corporations of private property for the use or benefit of the public, and to define the terms "public corporations," "state agencies" and "private property" as used herein," by amending section 3 (MCL 213.23).

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

Reps. Green, Gosselin, Nofs, Lemmons, Jr., Hansen, Newell, Gaffney, Mortimer, Stewart and Lemmons, III introduced

House Bill No. 5061, entitled

A bill to amend 1976 PA 390, entitled "Emergency management act," by amending section 6 (MCL 30.406), as amended by 1990 PA 50.

The bill was read a first time by its title and referred to the Committee on Employment Relations, Training, and Safety.

Reps. Green, Mayes, Clemente, Booher, Lemmons, Jr., Hansen, Moore, Ball, Marleau, Pearce and Lemmons, III introduced

House Bill No. 5062, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 82103, 82105, 82106, and 82116 (MCL 324.82103, 324.82105, 324.82106, and 324.82116), sections 82103 and 82116 as added by 1995 PA 58, section 82105 as amended by 1998 PA 297, and section 82106 as amended by 2004 PA 587, and by adding sections 82103a, 82103b, 82103c, 82103d, 82103e, 82103f, 82103g, 82103h, 82103i, 82103j, 82103k, 82103l, and 82116a.

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

Reps. Gleason, McDowell, Bieda, Tobocman, Alma Smith, Sheltrown, Espinoza, Angerer, Clemente, Donigan, Mayes, Leland, Adamini, Sak, Wojno, Byrnes, Accavitti, Dillon, Plakas, Vagnozzi, Anderson, Clack, Condino, Kolb, Kehrl, Polidori, Meisner, Lemmons, Jr., Farrah, Miller, Williams, Hopgood, Spade, Hune, Gaffney, Wenke, Moolenaar, Shaffer, Gillard, Kahn, Nofs, Vander Veen, Stakoe, Green, Palmer and Lemmons, III introduced

House Bill No. 5063, entitled

A bill to amend 1939 PA 280, entitled "The social welfare act," by amending section 109 (MCL 400.109), as amended by 2002 PA 673.

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

Rep. Mayes introduced

House Bill No. 5064, entitled

A bill to amend 1998 PA 58, entitled "Michigan liquor control code of 1998," by amending the title and section 105 (MCL 436.1105) and by adding section 914.

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

______

The Clerk declared the House adjourned until Wednesday, July 27, at 1:00 p.m.

GARY L. RANDALL

Clerk of the House of Representatives