2005-HJ-11-22-101.htm

No. 101

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

93rd Legislature

REGULAR SESSION OF 2005

House Chamber, Lansing, Tuesday, November 22, 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.

The Honorable Gary L. Randall, Clerk of the House, offered the following invocation:

"Heavenly Father, we come to You today expressing thanks for the many blessings You have bestowed upon those of us who are fortunate enough to live in this great state of Michigan. May we always be mindful of what a special treasure we have with our Great Lakes and unique peninsulas. Lord, we pray, that with Your guidance and Your will that this chamber will always be driven by wisdom and compassion and free of selfish interest. Amen."

Notices

November 22, 2005

Mr. Gary L. Randall, Clerk

Michigan House of Representatives

State Capitol Building

Lansing, MI 48913

Dear Mr. Clerk:

Pursuant to House Rule 36 as recently amended by House Resolution No. 152 on November 3, 2005, I hereby appoint the following member of the 93rd Legislature to the Health Policy subcommittee on Technology in Healthcare for the 2005-2006 Legislative Session:

Representative John Proos, 79th District

Sincerely,

Craig M. DeRoche

Speaker of the House

Michigan House of Representatives

Announcement by the Clerk of Printing and Enrollment

The Clerk announced the enrollment printing and presentation to the Governor on Thursday, November 17, for her approval of the following bills:

Enrolled House Bill No. 4342 at 4:24 p.m.

Enrolled House Bill No. 4972 at 4:26 p.m.

Enrolled House Bill No. 4973 at 4:28 p.m.

Enrolled House Bill No. 4980 at 4:30 p.m.

Enrolled House Bill No. 5047 at 4:32 p.m.

Enrolled House Bill No. 5048 at 4:34 p.m.

Enrolled House Bill No. 5095 at 4:36 p.m.

Enrolled House Bill No. 5096 at 4:38 p.m.

Enrolled House Bill No. 5097 at 4:40 p.m.

Enrolled House Bill No. 5098 at 4:42 p.m.

Enrolled House Bill No. 5106 at 4:44 p.m.

Enrolled House Bill No. 5107 at 4:46 p.m.

Enrolled House Bill No. 5108 at 4:48 p.m.

Enrolled House Bill No. 5109 at 4:50 p.m.

Enrolled House Bill No. 5215 at 4:52 p.m.

Enrolled House Bill No. 5216 at 4:54 p.m.

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

Enrolled House Bill No. 4001 at 10:40 a.m.

Enrolled House Bill No. 4002 at 10:42 a.m.

Enrolled House Bill No. 4421 at 10:44 a.m.

Enrolled House Bill No. 4572 at 10:46 a.m.

Enrolled House Bill No. 4573 at 10:48 a.m.

Enrolled House Bill No. 5050 at 10:50 a.m.

Enrolled House Bill No. 5091 at 10:52 a.m.

Enrolled House Bill No. 5297 at 10:54 a.m.

Messages from the Governor

Date: November 17, 2005

Time: 8:40 a.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 4369 (Public Act No. 210, I.E.), being

An act to provide for the establishment of commercial rehabilitation districts in certain local governmental units; to provide for the exemption from certain taxes; to levy and collect a specific tax upon the owners of certain qualified facilities; to provide for the disposition of the tax; to provide for the obtaining and transferring of an exemption certificate and to prescribe the contents of those certificates; to prescribe the powers and duties of certain local governmental officials; and to provide penalties.

(Filed with the Secretary of State November 17, 2005, at 11:10 a.m.)

Date: November 17, 2005

Time: 8:35 a.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 4403 (Public Act No. 211, 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 section 16215 (MCL 333.16215), as amended by 1999 PA 60.

(Filed with the Secretary of State November 17, 2005, at 11:12 a.m.)

Date: November 21, 2005

Time: 8:58 a.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 4342 (Public Act No. 221, I.E.), being

An act to amend 1975 PA 228, entitled "An act to provide for the imposition, levy, computation, collection, assessment and enforcement, by lien or otherwise, of taxes on certain commercial, business, and financial activities; to prescribe the manner and times of making certain reports and paying taxes; to prescribe the powers and duties of public officers and state departments; to permit the inspection of records of taxpayers; to provide for interest and penalties on unpaid taxes; to provide exemptions, credits, and refunds; to provide penalties; to provide for the disposition of funds; to provide for the interrelation of this act with other acts; and to provide an appropriation," by amending section 4 (MCL 208.4), as amended by 2003 PA 240; and to repeal acts and parts of acts.

(Filed with the Secretary of State November 21, 2005, at 9:42 a.m.)

Does not take effect because tie-barred bill was not enacted into law

Date: November 21, 2005

Time: 9:00 a.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 4972 (Public Act No. 222, I.E.), being

(Filed with the Secretary of State November 21, 2005, at 9:44 a.m.)

Does not take effect because tie-barred bill was not enacted into law

Date: November 21, 2005

Time: 9:02 a.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 4973 (Public Act No. 223, I.E.), being

(Filed with the Secretary of State November 21, 2005, at 9:46 a.m.)

Does not take effect because tie-barred bill was not enacted into law

Date: November 21, 2005

Time: 9:04 a.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 4980 (Public Act No. 224, I.E.), being

An act to amend 1933 PA 167, entitled "An act to provide for the raising of additional public revenue by prescribing certain specific taxes, fees, and charges to be paid to the state for the privilege of engaging in certain business activities; to provide, incident to the enforcement thereof, for the issuance of licenses to engage in such occupations; to provide for the ascertainment, assessment and collection thereof; to appropriate the proceeds thereof; and to prescribe penalties for violations of the provisions of this act," by amending section 4a (MCL 205.54a), as amended by 2004 PA 173.

(Filed with the Secretary of State November 21, 2005, at 9:48 a.m.)

Does not take effect because tie-barred bill was not enacted into law

Date: November 21, 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. 5048 (Public Act No. 226, I.E.), being

An act to create the Michigan tobacco settlement finance authority; to create funds and accounts; to provide for the sale by this state and the purchase by the authority of all or a portion of tobacco settlement assets; to authorize the issuing of bonds and notes; to prescribe the powers and duties of the authority, the state administrative board, the state treasurer, and certain other state officials and state employees; and to make appropriations and prescribe certain conditions for the appropriations.

(Filed with the Secretary of State November 21, 2005, at 9:52 a.m.)

Date: November 21, 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. 5095 (Public Act No. 227, I.E.), being

An act to amend 1941 PA 122, entitled "An act to establish the revenue collection duties of the department of treasury; to prescribe its powers and duties as the revenue collection agency of the state; to prescribe certain powers and duties of the state treasurer; to regulate the importation, stamping, and disposition of certain tobacco products; to provide for the transfer of powers and duties now vested in certain other state boards, commissions, departments and offices; to prescribe certain duties of and require certain reports from the department of treasury; to provide procedures for the payment, administration, audit, assessment, levy of interests or penalties on, and appeals of taxes and tax liability; to prescribe its powers and duties if an agreement to act as agent for a city to administer, collect, and enforce the city income tax act on behalf of a city is entered into with any city; to provide an appropriation; to abolish the state board of tax administration; to prescribe penalties and provide remedies; and to declare the effect of this act," by amending sections 3, 4, 19, and 24 (MCL 205.3, 205.4, 205.19, and 205.24), section 3 as amended by 2003 PA 92, sections 4 and 19 as amended by 2002 PA 657, and section 24 as amended by 2003 PA 201.

(Filed with the Secretary of State November 21, 2005, at 9:54 a.m.)

Does not take effect because tie-barred bill was not enacted into law

Date: November 21, 2005

Time: 9:12 a.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5097 (Public Act No. 228, I.E.), being

An act to amend 1893 PA 206, entitled "An act to provide for the assessment of rights and interests, including leasehold interests, in property and the levy and collection of taxes on property, and for the collection of taxes levied; making those taxes a lien on the property taxed, establishing and continuing the lien, providing for the sale or forfeiture and conveyance of property delinquent for taxes, and for the inspection and disposition of lands bid off to the state and not redeemed or purchased; to provide for the establishment of a delinquent tax revolving fund and the borrowing of money by counties and the issuance of notes; to define and limit the jurisdiction of the courts in proceedings in connection with property delinquent for taxes; to limit the time within which actions may be brought; to prescribe certain limitations with respect to rates of taxation; to prescribe certain powers and duties of certain officers, departments, agencies, and political subdivisions of this state; to provide for certain reimbursements of certain expenses incurred by units of local government; to provide penalties for the violation of this act; and to repeal acts and parts of acts," by amending section 34d (MCL 211.34d), as amended by 2005 PA 12, and by adding section7jj.

(Filed with the Secretary of State November 21, 2005, at 9:56 a.m.)

Does not take effect because tie-barred bill was not enacted into law

Date: November 21, 2005

Time: 9:14 a.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5098 (Public Act No. 229, I.E.), being

An act to amend 1975 PA 228, entitled "An act to provide for the imposition, levy, computation, collection, assessment and enforcement, by lien or otherwise, of taxes on certain commercial, business, and financial activities; to prescribe the manner and times of making certain reports and paying taxes; to prescribe the powers and duties of public officers and state departments; to permit the inspection of records of taxpayers; to provide for interest and penalties on unpaid taxes; to provide exemptions, credits, and refunds; to provide penalties; to provide for the disposition of funds; to provide for the interrelation of this act with other acts; and to provide an appropriation," by amending sections 9, 22a, and 38e (MCL 208.9, 208.22a, and 208.38e), section 9 as amended by 2004 PA 258, section 22a as amended by 1996 PA 578, and section 38e as amended by 2003 PA 273, and by adding sections 79 and 130.

(Filed with the Secretary of State November 21, 2005, at 9:58 a.m.)

Does not take effect because tie-barred bill was not enacted into law

Date: November 21, 2005

Time: 9:16 a.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5106 (Public Act No. 230, I.E.), being

(Filed with the Secretary of State November 21, 2005, at 10:00 a.m.)

Does not take effect because tie-barred bill was not enacted into law

Date: November 21, 2005

Time: 9:18 a.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5108 (Public Act No. 231, I.E.), being

An act to amend 1975 PA 228, entitled "An act to provide for the imposition, levy, computation, collection, assessment and enforcement, by lien or otherwise, of taxes on certain commercial, business, and financial activities; to prescribe the manner and times of making certain reports and paying taxes; to prescribe the powers and duties of public officers and state departments; to permit the inspection of records of taxpayers; to provide for interest and penalties on unpaid taxes; to provide exemptions, credits, and refunds; to provide penalties; to provide for the disposition of funds; to provide for the interrelation of this act with other acts; and to provide an appropriation," by amending sections 36 and 71 (MCL 208.36 and 208.71), section 36 as amended by 1995 PA 284 and section 71 as amended by 1999 PA 115, and by adding section 35f.

(Filed with the Secretary of State November 21, 2005, at 10:02 a.m.)

Does not take effect because tie-barred bill was not enacted into law

Date: November 21, 2005

Time: 9:20 a.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5109 (Public Act No. 232, I.E.), being

An act to amend 2000 PA 489, entitled "An act to create certain funds; to provide for the operation, investment, and expenditure of certain funds; and to impose certain duties and requirements on certain state officials," by amending the title and section 2 (MCL 12.252) and by adding sections 7, 8, 9, and 10; and to repeal acts and parts of acts.

(Filed with the Secretary of State November 21, 2005, at 10:04 a.m.)

Date: November 21, 2005

Time: 9:22 a.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5215 (Public Act No. 233, I.E.), being

(Filed with the Secretary of State November 21, 2005, at 10:06 a.m.)

Date: November 21, 2005

Time: 9:24 a.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5216 (Public Act No. 234, I.E.), being

An act to amend 1967 PA 281, entitled "An act to meet deficiencies in state funds by providing for the imposition, levy, computation, collection, assessment, and enforcement by lien and otherwise of taxes on or measured by net income; to prescribe the manner and time of making reports and paying the taxes, and the functions of public officers and others as to the taxes; to permit the inspection of the records of taxpayers; to provide for interest and penalties on unpaid taxes; to provide exemptions, credits and refunds of the taxes; to prescribe penalties for the violation of this act; to provide an appropriation; and to repeal certain acts and parts of acts," by amending section 270 (MCL 206.270), as added by 2003 PA 295.

(Filed with the Secretary of State November 21, 2005, at 10:08 a.m.)

Date: November 21, 2005

Time: 9:32 a.m.

To the Speaker of the House of Representatives:

Sir--I have this day approved and signed

Enrolled House Bill No. 5237 (Public Act No. 235, I.E.), being

A bill to amend 1991 PA 179, entitled "An act to regulate and insure the availability of certain telecommunication services; to prescribe the powers and duties of certain state agencies and officials; to prescribe penalties; to repeal certain acts and parts of acts; and to repeal this act on a specific date," by amending sections 101, 102, 103, 201, 202, 203, 203a, 204, 205, 210, 213, 214, 301, 302, 303, 304, 305, 306, 307, 309, 309a, 310, 312, 314a, 315, 316, 316a, 317, 321, 352, 353, 355, 357, 358, 359, 401, 502, 504, 505, and 604 (MCL 484.2101, 484.2102, 484.2103, 484.2201, 484.2202, 484.2203, 484.2203a, 484.2204, 484.2205, 484.2210, 484.2213, 484.2214, 484.2301, 484.2302, 484.2303, 484.2304, 484.2305, 484.2306, 484.2307, 484.2309, 484.2309a, 484.2310, 484.2312, 484.2314a, 484.2315, 484.2316, 484.2316a, 484.2317, 484.2321, 484.2352, 484.2353, 484.2355, 484.2357, 484.2358, 484.2359, 484.2401, 484.2502, 484.2504, 484.2505, and 484.2604), sections 101, 103, 201, 203, 203a, 302, 303, 304, 310, 312, 502, and 604 as amended and sections 214 and 316a as added by 2000 PA 295, section 102 as amended by 1998 PA 41, sections 202, 205, 210, 301, 305, 306, 307, 309a, and 401 as amended and sections 317, 321, 352, 353, 355, 357, 358, 359, and 504 as added by 1995 PA 216, section 213 as amended by 2004 PA 591, section 314a as added by 2003 PA 206, section 316 as amended by 1999 PA 31, and section 505 as added by 1998 PA 260, and by adding sections 211a, 252, 301a, 305a, 305b, 310a, 314b, and 353a; and to repeal acts and parts of acts.

(Filed with the Secretary of State November 22, 2005, at 9:22 a.m.)

Communications from State Officers

The following communications from the Department of Human Services were received and read:

November 9, 2005

Pursuant to Section 1002 of P.A. 344 of 2004, we are enclosing a copy of the following reports:

Type of ReportFacilityReport #License #

Renewal Menominee County DHS CP550201290

This report was performed in compliance with the requirements of P.A. 116 of 1973 as amended, and the Administrative Rules for Child Caring Institutions. The report may also be viewed on our website, within 48 hours, under "News, Publications & Information" at the following address: http://www.michigan.gov/dhs/.

If you have any questions regarding this information, please feel free to contact Miriam E.J. Bullock at 517-373-8383.

November 15, 2005

Pursuant to Section 1002 of P.A. 344 of 2004, we are enclosing a copy of the following reports:

Type of ReportFacilityReport #License #

Renewal Dickinson County DHS CP220201095

Special Investigation Bay Pines Center 2006C0102001 CS210200969

If you have any questions regarding this information, please feel free to contact Miriam E.J. Bullock at 517-373-8383.

Sincerely,

Marianne Udow

Director

The communications were referred to the Clerk.

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

November 15, 2005

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

Performance audit of Selected Educational Databases Maintained by the

Center for Educational Performance and Information (CEPI),

Department of Management and Budget

November 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.

Introduction of Bills

Rep. Jones introduced

House Bill No. 5435, entitled

A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 224a (MCL 750.224a), as amended by 2004 PA 338.

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

Rep. Moolenaar introduced

House Bill No. 5436, entitled

A bill to amend 1979 PA 94, entitled "The state school aid act of 1979," by amending sections 11, 11a, 20, and 22b (MCL 388.1611, 388.1611a, 388.1620, and 388.1622b), as amended by 2005 PA 155, and by adding section 99c.

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

Rep. Miller introduced

House Bill No. 5437, entitled

A bill to amend 1976 PA 331, entitled "Michigan consumer protection act," by amending section 3 (MCL 445.903), as amended by 2004 PA 462, and by adding section 3e.

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

Rep. Kooiman introduced

House Bill No. 5438, entitled

A bill to amend 1939 PA 280, entitled "The social welfare act," by amending sections 57a and 57f (MCL 400.57a and 400.57f), section 57a as amended by 1999 PA 26 and section 57f as amended by 2001 PA 280.

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

Reps. Shaffer, Hummel, Brandenburg, Vander Veen, Pearce, Sheen, Stahl, Hune, Booher, Hansen, Palmer, Gosselin, Green, Taub, Hoogendyk, Marleau, Huizenga, Amos, Nofs, Moore, Pastor, Pavlov, Drolet, Farhat and Kooiman introduced

House Bill No. 5439, entitled

A bill to amend 1939 PA 280, entitled "The social welfare act," by amending section 57b (MCL 400.57b), as amended by 1999 PA 9.

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

Reps. Pearce, Green, Hummel, Sheen, Hansen, Stahl, Hildenbrand, Stakoe, Shaffer, Mortimer, Hoogendyk, Palmer, Rocca, Gosselin, Pavlov, Booher, Moore, Marleau, Kooiman, Farhat and Brandenburg introduced

House Bill No. 5440, entitled

A bill to amend 1939 PA 280, entitled "The social welfare act," (MCL 400.1 to 400.119b) by adding section 57p.

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

Reps. Farhat, Palsrok, Nofs, Baxter, Emmons, Garfield, Robertson, Pavlov, Hansen, Booher, Jones, Moore, Hummel, Pastor, Stahl, Taub, Hoogendyk, Marleau, Huizenga, Gosselin, Palmer, Amos, Brandenburg, Drolet and Kooiman introduced

House Bill No. 5441, entitled

A bill to amend 1939 PA 280, entitled "The social welfare act," by amending section 57g (MCL 400.57g), as amended by 2001 PA 280.

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

Reps. Ball, Mortimer, Acciavatti, Gosselin and Kooiman introduced

House Bill No. 5442, entitled

A bill to amend 1939 PA 280, entitled "The social welfare act," (MCL 400.1 to 400.119b) by adding section 57o.

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

Reps. Mortimer, Ball, Acciavatti, Pearce, Stewart, Gaffney, Hildenbrand, Brandenburg, Kooiman and Kahn introduced

House Bill No. 5443, entitled

A bill to amend 1939 PA 280, entitled "The social welfare act," (MCL 400.1 to 400.119b) by adding section 57n.

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

Rep. Stahl introduced

House Bill No. 5444, entitled

A bill to amend 1939 PA 280, entitled "The social welfare act," by amending sections 57, 57d, and 57e (MCL 400.57, 400.57d, and 400.57e), section 57 as added by 1995 PA 223 and sections 57d and 57e as amended by 2001 PA 280.

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

Reps. Kooiman, Farhat, Pavlov, Pastor, Steil, Jones, Booher, Hansen, Amos, Robertson, Huizenga, Gosselin, Taub, Hoogendyk, Palmer, Marleau, Nofs, Stahl, Moore, Hummel, Pearce, Vander Veen, Drolet and Brandenburg introduced

House Bill No. 5445, entitled

A bill to amend 1939 PA 280, entitled "The social welfare act," (MCL 400.1 to 400.119b) by adding section 57m.

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

Reps. Kolb and Kooiman introduced

House Bill No. 5446, entitled

A bill to amend 1939 PA 280, entitled "The social welfare act," by amending section 57f (MCL 400.57f), as amended by 2001 PA 280.

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

______

The Clerk declared the House adjourned until Tuesday, November 29, at 1:00 p.m.

GARY L. RANDALL

Clerk of the House of Representatives