No. 7
STATE OF MICHIGAN
JOURNAL
OF THE
House of Representatives
93rd Legislature
REGULAR SESSION OF 2006
House Chamber, Lansing, Thursday, January 26, 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--present Robertson--present
Acciavatti--present 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--excused 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--present Walker--present
Clemente--present Hunter--present Palsrok--present Ward--excused
Condino--present Jones--present Pastor--present Waters--present
Cushingberry--e/d/s Kahn--present Pavlov--present Wenke--present
DeRoche--present Kolb--present Pearce--present Whitmer--present
Dillon--present Kooiman--present Plakas--present Williams--present
Donigan--present LaJoy--present Polidori--present Wojno--present
Drolet--present Law, David--present Proos--present Zelenko--present
e/d/s = entered during session
Rep. Jack Brandenburg, from the 24th District, offered the following invocation:
"Heavenly Father:
During these most difficult economic times, which I now know will be blown away in 5 years, we ask your blessing on the people of the State of Michigan, my fellow legislators, and other government officials charged with public service to our citizens.
Fill us with the wisdom and enlightenment we need to pursue the objectives of a safer, cleaner, healthier, and more prosperous Michigan.
We also ask your protection for our sons and daughters in the military, who now serve our country in uniform, in far off lands. Keep them safe dear Lord. They honor us with their patriotism and sacrifice. Bless their mission and their purpose, to preserve civilization, and make a more peaceful world for all of us.
We ask this in Your name. Amen."
______
Rep. Palmer moved that Rep. Ward be excused from today's session.
The motion prevailed.
Rep. Sak moved that Rep. McConico be excused from today's session.
The motion prevailed.
Second Reading of Bills
Senate Bill No. 788, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 685, 686, 688, and 695 (MCL 257.685, 257.686, 257.688, and 257.695), sections 686 and 688 as amended by 1990 PA 98 and section 695 as amended by 1995 PA 221, and by adding section 684a.
The bill was read a second time.
Rep. Stakoe moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Senate Bill No. 736, entitled
A bill to amend 1846 RS 171, entitled "Of county jails and the regulation thereof," by amending sections 4 and 4a (MCL 801.4 and 801.4a), as amended by 1984 PA 119.
The bill was read a second time.
Rep. Stakoe moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 5559, entitled
A bill to amend 1995 PA 24, entitled "Michigan economic growth authority act," by amending section 3 (MCL 207.803), as amended by 2004 PA 398.
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Commerce,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Hummel moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Stakoe moved that the bill be placed on its immediate passage.
The motion prevailed, a majority of the members serving voting therefor.
By unanimous consent the House returned to the order of
Third Reading of Bills
House Bill No. 5559, entitled
A bill to amend 1995 PA 24, entitled "Michigan economic growth authority act," by amending section 3 (MCL 207.803), as amended by 2004 PA 398.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 23 Yeas--105
Accavitti Emmons Law, Kathleen Robertson
Acciavatti 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 McDowell Smith, Alma
Bennett Gonzales Meisner Smith, Virgil
Bieda Gosselin Meyer Spade
Booher Green Miller Stahl
Brandenburg Hansen Moolenaar Stakoe
Brown Hildenbrand Moore Steil
Byrnes Hood Mortimer Stewart
Byrum Hoogendyk Murphy Taub
Casperson Hopgood Newell Tobocman
Caswell Huizenga Nitz Vagnozzi
Caul Hummel Nofs Van Regenmorter
Cheeks Hune Palmer Vander Veen
Clack Hunter Palsrok Walker
Clemente Jones Pastor Waters
Condino Kahn Pavlov Wenke
DeRoche Kolb Pearce Whitmer
Dillon Kooiman Plakas Williams
Donigan LaJoy Polidori Wojno
Drolet Law, David Proos Zelenko
Elsenheimer
Nays--0
In The Chair: Kooiman
The question being on agreeing to the title of the bill,
Rep. Stakoe moved to amend the title to read as follows:
A bill to amend 1995 PA 24, entitled "Michigan economic growth authority act," by amending sections 3 and 8 (MCL 207.803and 207.808), section 3 as amended by 2004 PA 398 and section 8 as amended by 2005 PA 185.
The motion prevailed.
The House agreed to the title as amended.
Rep. Stakoe moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
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Rep. Cushingberry entered the House Chambers.
Reps. Plakas, Anderson, Stewart, Zelenko, Kolb, Whitmer, Kooiman, Williams, Brown, Hunter, Tobocman, Farrah, Pastor, Hopgood, Kathleen Law, Brandenburg, Bieda, Meisner, Wojno, Clack, Condino, Vagnozzi, Taub, Accavitti, Stakoe, Gleason, Shaffer, Nofs, Byrum, Emmons, Steil, Sak, Nitz, Stahl, Sheen, Huizenga, Farhat, Moolenaar, Palsrok, Gillard, Casperson, Dillon, Angerer, Ball, Baxter, Bennett, Booher, Byrnes, Caul, Cheeks, Clemente, Cushingberry, Donigan, Elsenheimer, Gonzales, Gosselin, Hansen, Hildenbrand, Jones, Kahn, David Law, Leland, Lemmons, III, Lemmons, Jr., Marleau, Mayes, McDowell, Pavlov, Pearce, Polidori, Proos, Schuitmaker, Sheltrown, Spade and Murphy were named co-sponsors of the bill.
By unanimous consent the House returned to the order of
Reports of Standing Committees
The Speaker laid before the House
House Resolution No. 162.
A resolution to memorialize the United States Congress to oppose the State Modernization and Regulatory Transparency (SMART) Act.
(For text of resolution, see House Journal No. 104 of 2005, p. 2323.)
(The resolution was reported by the Committee on Insurance on January 19, consideration of which, under the rules, was postponed until January 24.)
The question being on the adoption of the resolution,
The resolution was adopted.
Third Reading of Bills
House Bill No. 4976, entitled
A bill to amend 1978 PA 232, entitled "An act to permit banks and savings and loan associations to suspend business in the event of an existing or impending emergency; to prescribe the powers and duties of bank and savings and loan association officers and certain state officials; and to declare the legal effect of the suspensions of business authorized by this act," by amending the title and sections 1, 2, 3, 4, 5, and 6 (MCL 487.941, 487.942, 487.943, 487.944, 487.945, and 487.946).
Was read a third time and passed, 2/3 of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 24 Yeas--106
Accavitti Elsenheimer Law, Kathleen Robertson
Acciavatti Emmons Leland Rocca
Adamini Espinoza Lemmons, III Sak
Amos Farhat Lemmons, Jr. Schuitmaker
Anderson Farrah Lipsey Shaffer
Angerer Gaffney Marleau Sheen
Ball Garfield Mayes Sheltrown
Baxter Gillard McDowell Smith, Alma
Bennett Gleason Meisner Smith, Virgil
Bieda Gonzales Meyer Spade
Booher Gosselin Miller Stahl
Brandenburg Green Moolenaar Stakoe
Brown Hansen Moore Steil
Byrnes Hildenbrand Mortimer Stewart
Byrum Hood Murphy Taub
Casperson Hoogendyk Newell Tobocman
Caswell Hopgood Nitz Vagnozzi
Caul Huizenga Nofs Van Regenmorter
Cheeks Hummel Palmer Vander Veen
Clack Hune Palsrok Walker
Clemente Hunter Pastor Waters
Condino Jones Pavlov Wenke
Cushingberry Kahn Pearce Whitmer
DeRoche Kolb Plakas Williams
Dillon Kooiman Polidori Wojno
Donigan LaJoy Proos Zelenko
Drolet Law, David
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.
House Bill No. 5045, entitled
A bill to amend 1987 PA 96, entitled "The mobile home commission act," by amending sections 30b and 30c (MCL 125.2330b and 125.2330c).
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 25 Yeas--106
Accavitti Elsenheimer Law, Kathleen Robertson
Acciavatti Emmons Leland Rocca
Adamini Espinoza Lemmons, III Sak
Amos Farhat Lemmons, Jr. Schuitmaker
Anderson Farrah Lipsey Shaffer
Angerer Gaffney Marleau Sheen
Ball Garfield Mayes Sheltrown
Baxter Gillard McDowell Smith, Alma
Bennett Gleason Meisner Smith, Virgil
Bieda Gonzales Meyer Spade
Booher Gosselin Miller Stahl
Brandenburg Green Moolenaar Stakoe
Brown Hansen Moore Steil
Byrnes Hildenbrand Mortimer Stewart
Byrum Hood Murphy Taub
Casperson Hoogendyk Newell Tobocman
Caswell Hopgood Nitz Vagnozzi
Caul Huizenga Nofs Van Regenmorter
Cheeks Hummel Palmer Vander Veen
Clack Hune Palsrok Walker
Clemente Hunter Pastor Waters
Condino Jones Pavlov Wenke
Cushingberry Kahn Pearce Whitmer
DeRoche Kolb Plakas Williams
Dillon Kooiman Polidori Wojno
Donigan LaJoy Proos Zelenko
Drolet Law, David
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.
Senate Bill No. 366, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 74103a.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 26 Yeas--106
Accavitti Elsenheimer Law, Kathleen Robertson
Acciavatti Emmons Leland Rocca
Adamini Espinoza Lemmons, III Sak
Amos Farhat Lemmons, Jr. Schuitmaker
Anderson Farrah Lipsey Shaffer
Angerer Gaffney Marleau Sheen
Ball Garfield Mayes Sheltrown
Baxter Gillard McDowell Smith, Alma
Bennett Gleason Meisner Smith, Virgil
Bieda Gonzales Meyer Spade
Booher Gosselin Miller Stahl
Brandenburg Green Moolenaar Stakoe
Brown Hansen Moore Steil
Byrnes Hildenbrand Mortimer Stewart
Byrum Hood Murphy Taub
Casperson Hoogendyk Newell Tobocman
Caswell Hopgood Nitz Vagnozzi
Caul Huizenga Nofs Van Regenmorter
Cheeks Hummel Palmer Vander Veen
Clack Hune Palsrok Walker
Clemente Hunter Pastor Waters
Condino Jones Pavlov Wenke
Cushingberry Kahn Pearce Whitmer
DeRoche Kolb Plakas Williams
Dillon Kooiman Polidori Wojno
Donigan LaJoy Proos Zelenko
Drolet Law, David
Nays--0
In The Chair: Kooiman
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
"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, assessments, and donations; to provide certain appropriations; to prescribe penalties and provide remedies; and to repeal acts and parts of acts,"
The House agreed to the full title.
Rep. Stakoe moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
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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. Espinoza, Plakas, Alma Smith, Kathleen Law, Lipsey, Bieda, Kolb, Wojno, Condino, Brown, Anderson, Leland, Accavitti, Adamini, Byrnes, Byrum, Clack, Clemente, Dillon, Donigan, Emmons, Farrah, Gillard, Gleason, Gonzales, Hildenbrand, Hood, Hopgood, Hummel, Lemmons, III, Lemmons, Jr., Mayes, McDowell, Meisner, Miller, Mortimer, Palsrok, Pearce, Polidori, Sak, Sheltrown, Virgil Smith, Spade, Taub, Tobocman, Vagnozzi, Waters, Zelenko and Angerer offered the following resolution:
House Resolution No. 189.
A resolution to memorialize the Congress and the President of the United States to provide full funding for the Low Income Home Energy Assistance Program.
Whereas, the Low Income Home Energy Assistance Program (LIHEAP) helps ensure that all households receive basic utility services, which are vital to the health and safety of all Americans. If sufficiently well funded, LIHEAP has the capacity to provide heating assistance to low income families, including the working poor, senior citizens, and Americans with disabilities; and
Whereas, Michigan's severely constrained budget, unprecedented poverty, and rising energy prices are overwhelming the capabilities of religious, nonprofit, voluntary, and other community-based organizations in the state to satisfactorily help eligible citizens heat their homes; and
Whereas, Last year, for the first time in the state's history, Michigan had to shut down its LIHEAP program due to a lack of funds. More than 400,000 households were compelled to seek LIHEAP assistance in Michigan through September of 2005. This is an increase of about 7 percent over the same time last year; and
Whereas, A national 2004 survey of LIHEAP recipients revealed that families unable to pay their energy bills were compelled to cut food, medicine, and basic necessities in order to warm their homes. Additionally, a national 2003 survey found that LIHEAP makes an essential difference to citizens in dire need. LIHEAP enabled 62 percent of eligible families to restore utility services, 54 percent of LIHEAP households to subsist at safe and healthy temperatures, and 48 percent of recipients to avoid shutoff ; and
Whereas, LIHEAP assists qualified low income citizens to meet their bill payment obligations through arrearage forgiveness and bill reductions to more affordable levels. LIHEAP also helps to minimize service terminations; enables qualified households to avoid greater reliance upon more expensive government services, like Medicare and Medicaid; and accelerates the transition to economic self-reliance. The program also advances America's overall energy efficiency by weatherizing homes, repairing defective equipment, and reducing energy usage; and
Whereas, Natural gas pricesnationally and in Michigan this yearhave increased significantly. Consumers are seeing these increases reflected in much higher monthly bills this winter; and
Whereas, The National Fuels Funds Network and other groups have petitioned the Bush Administration to release the remaining $50 million in emergency funding authorized for FY 2005 and to increase LIHEAP funding to at least $3.0 billion in fiscal year 2006; and
Whereas, The American Association of Retired Persons (AARP), the American Association of Blacks in Energy, the Southern Governors Association, the National Association of Regulatory Utility Commissioners, the Southern Legislative Conference, the National Conference of Black Mayors, together with many other groups, have all called upon Congress to increase its financial commitment to the LIHEAP program; and
Whereas, The national Energy Policy Act of 2005 authorizes $5.1 billion for LIHEAP in fiscal year 2006; now, therefore, be it
Resolved by the House of Representatives, That we memorialize the Congress and the President of the United States to provide full funding for the Low Income Home Energy Assistance Program; and be it further
Resolved, That copies of this resolution be transmitted to the Office of President of the United States, 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 Energy and Technology.
Reps. David Law, Accavitti, Adamini, Bieda, Brown, Byrnes, Byrum, Clack, Clemente, Condino, Dillon, Donigan, Emmons, Espinoza, Farhat, Farrah, Gillard, Gleason, Gosselin, Green, Hansen, Hildenbrand, Hopgood, Hummel, Jones, Kahn, Kolb, Leland, Lemmons, III, Lemmons, Jr., Lipsey, Marleau, Mayes, McDowell, Meisner, Meyer, Miller, Mortimer, Palsrok, Pearce, Proos, Sak, Shaffer, Sheltrown, Alma Smith, Virgil Smith, Taub, Tobocman, Vagnozzi, Vander Veen, Waters, Wojno and Zelenko offered the following resolution:
House Resolution No. 190.
A resolution to encourage the schools throughout this state to emphasize the history of the Holocaust in their history course offerings.
Whereas, The Holocaust, which resulted in the murder of one third of the Jewish people and countless numbers of other minorities, will forever be a warning to all people of the dangers of hatred, bigotry, racism, and prejudice. Indeed, the people of the State of Michigan should always remember the atrocities of the Holocaust so the horrors of genocide may never again be repeated; and
Whereas, Holocaust remembrance is more than a look back upon the toll of human suffering and loss; it provides a unique opportunity to rededicate ourselves to the struggle against inhumanity and injustice. As the world stops to commemorate January 27 for Holocaust remembrance, may we also recommit ourselves to educating future generations with the lessons of the Holocaust and the need for vigilance against the repetition of these barbarous acts; and
Whereas, The Holocaust outraged mankind. As time goes on, however, the lessons of this tragedy tend to dim, and, in fact, lead some to deny it as a historical event. Education is the key to inculcating future generations with the spirit of social justice that will preserve freedom of thought, religion, and conscience, and serve as the bulwark against intolerance. It is important to include the history of the Holocaust as an integral part of our student's history education. We must take advantage of this unique opportunity for the advancement of human rights and the principles of equal justice; now, therefore, be it
Resolved by the House of Representatives, That we hereby encourage schools throughout this state to include the history of the Holocaust in their history course offerings.
Pending the reference of the resolution to a committee,
Rep. Stakoe moved that Rule 77 be suspended and the resolution be considered at this time.
The motion prevailed, 3/5 of the members present voting therefor.
The question being on the adoption of the resolution,
The resolution was adopted.
Reports of Standing Committees
The Committee on Conservation, Forestry, and Outdoor Recreation, by Rep. Casperson, Chair, reported
House Bill No. 5192, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 43517, 43520, and 43525 (MCL 324.43517, 324.43520, and 324.43525), sections 43517 and 43520 as added by 1995 PA 57 and section 43525 as amended by 1996 PA 585.
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, Baxter, Rocca, McDowell, Sheltrown 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, January 26, 2006
Present: Reps. Casperson, Hildenbrand, Garfield, Nitz, Baxter, Rocca, McDowell, Sheltrown, Gillard and Espinoza
Absent: Rep. Stakoe
Excused: Rep. Stakoe
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, January 26, 2006
Present: Reps. Palsrok, Pavlov, Meyer, Palmer, LaJoy, Elsenheimer, Moore, Pearce, Gillard, Miller, Byrnes, Kathleen Law, Bennett and Donigan
Absent: Rep. Ward
Excused: Rep. Ward
Announcement by the Clerk of Printing and Enrollment
The Clerk announced the enrollment printing and presentation to the Governor on Thursday, January 26, for her approval of the following bills:
Enrolled House Bill No. 4244 at 10:29 a.m.
Enrolled House Bill No. 5355 at 10:31 a.m.
Enrolled House Bill No. 5356 at 10:33 a.m.
Enrolled House Bill No. 5357 at 10:35 a.m.
Enrolled House Bill No. 5358 at 10:37 a.m.
Enrolled House Bill No. 5359 at 10:39 a.m.
Enrolled House Bill No. 5360 at 10:41 a.m.
Enrolled House Bill No. 5361 at 10:43 a.m.
Enrolled House Bill No. 5362 at 10:45 a.m.
Enrolled House Bill No. 5363 at 10:47 a.m.
Enrolled House Bill No. 5364 at 10:49 a.m.
Enrolled House Bill No. 5386 at 10:51 a.m.
Enrolled House Bill No. 5039 at 10:53 a.m.
The Clerk announced that the following bills had been printed and placed upon the files of the members on Thursday, January 26:
House Bill Nos. 5611 5612 5613 5614
Senate Bill Nos. 1004 1005 1006
The Clerk announced that the following Senate bill had been received on Thursday, January 26:
Senate Bill No. 866
By unanimous consent the House returned to the order of
Messages from the Senate
Senate Bill No. 866, entitled
A bill to amend 1979 PA 94, entitled "The state school aid act of 1979," by amending section 51a (MCL 388.1651a), as amended by 2005 PA 155.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Education.
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Rep. Amos 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 31, at 1:00 p.m.
GARY L. RANDALL
Clerk of the House of Representatives