No. 79 STATE OF MICHIGAN JOURNAL OF THE House of Representatives 92nd Legislature REGULAR SESSION OF 2003 House Chamber, Lansing, Thursday, October 23, 2003. 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 Meyer—present Sheen—present Acciavatti—present Gieleghem—present Middaugh—present Sheltrown—present Adamini—present Gillard—present Milosch—present Shulman—present Amos—present Gleason—present Minore—present Smith—present Anderson—present Hager—present Moolenaar—present Spade—present Bieda—present Hardman—present Mortimer—present Stahl—present Bisbee—present Hart—present Murphy—present Stakoe—present Bradstreet—present Hood—present Newell—present Stallworth—present Brandenburg—present Hoogendyk—present Nitz—present Steil—present Brown—present Hopgood—present Nofs—present Stewart—present Byrum—present Howell—present O’Neil—present Tabor—e/d/s Casperson—present Huizenga—present Paletko—present Taub—present Caswell—present Hummel—present Palmer—present Tobocman—present Caul—present Hune—present Palsrok—present Vagnozzi—present Cheeks—present Hunter—present Pappageorge—excused Van Regenmorter—present Clack—excused Jamnick—present Pastor—present Vander Veen—present Condino—present Johnson, Rick—present Phillips—excused 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—present 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 Meisner—present e/d/s = entered during session 1980 JOURNAL OF THE HOUSE [October 23, 2003] [No. 79 Rep. Larry Julian, from the 85th District, offered the following invocation: “Heavenly Father, we would hope that You would guide us today in the decisions that we will make. We thank you for the opportunity to serve You in this chamber representing all of the people of Michigan. We would ask that You be in our minds and our hearts and help us to make the proper decisions all in Your name. In the name of Your son, Jesus Christ, our Lord. Amen.” ______ Rep. Palmer moved that Rep. Pappageorge be excused from today’s session. The motion prevailed. Rep. Waters moved that Reps. Clack, Daniels and Phillips be excused from today’s session. The motion prevailed. Motions and Resolutions Reps. Richardville, Accavitti, Acciavatti, Adamini, Anderson, Bieda, Bisbee, Brandenburg, Brown, Caswell, Caul, Cheeks, Condino, Dennis, DeRoche, DeRossett, Ehardt, Elkins, Emmons, Farhat, Farrah, Gaffney, Garfield, Gieleghem, Gillard, Gleason, Hardman, Hoogendyk, Hopgood, Hummel, Jamnick, Koetje, Kolb, Kooiman, LaJoy, Lipsey, McConico, Meyer, Milosch, Mortimer, Newell, O’Neil, Paletko, Palmer, Pastor, Plakas, Reeves, Rivet, Robertson, Rocca, Sak, Shackleton, Shaffer, Sheltrown, Shulman, Spade, Stakoe, Stallworth, Stewart, Taub, Tobocman, Van Regenmorter, Vander Veen, Voorhees, Waters, Wojno, Woodward, Woronchak and Zelenko offered the following resolution: House Resolution No. 154. A resolution honoring the 1968 Detroit Tigers on the 35th anniversary of their World Championship. Whereas, The Detroit Tigers of 1968 were the champions of Major League Baseball and this year marks the 35th anniversary of that World Series title. The players on that victorious team were Gates Brown, Les Cain, Dave Campbell, Norm Cash, Bob Christian, Wayne Comer, Pat Dobson, Roy Face, Bill Freehan, Lenny Green, John Hiller, Willie Horton, Al Kaline, Fred Lasher, Mickey Lolich, Tom Matchick, Eddie Mathews, Dick McAuliffe, Denny McLain, Don McMahon, Jim Northrup, Ray Oyler, Daryl Patterson, Jim Price, Dennis Ribant, Jim Rooker, Joe Sparma, Mickey Stanley, Dick Tracewski, Jon Warden, Don Wert, Earl Wilson and John Wyatt. The manager of the ball club was Mayo Smith and his coaches were Tony Cuccinello, Wally Moses, Hal Naragon, Johnny Sain and trainer Bill Behm. The general manager was Jim Campbell. The owner of the team was John Fetzer; and Whereas, In the course of the 1968 season, the Detroit Tigers compiled a record of 103 wins and 59 losses and were crowned champions of the American League. Their win total was the highest that year in Major League Baseball and they played the St. Louis Cardinals, champions of the National League, for the world championship. The Tigers split the first two games of the series in St. Louis and traveled back to Detroit where they lost games three and four. Facing elimination, they battled back to win game five in Detroit and were victorious in St. Louis in game six. In the deciding seventh game, the Tigers, behind their starting pitcher and World Series MVP Mickey Lolich, defeated Hall of Fame pitcher Bob Gibson and the Cardinals to complete their remarkable comeback and capture the first World Series title for the city of Detroit since 1945; and Whereas, The city of Detroit suffered terrible turmoil as a result of the 1967 riots. The unrest in the streets consumed entire city blocks, thousands of people were arrested, thousands of businesses were destroyed, and 43 individuals lost their lives. In that chaos and agony, several members of the Detroit Tigers volunteered to help put an end to lawlessness and bring peace to a city on fire; and Whereas, The Detroit Tigers’ incredible season in 1968 provided a much needed boost to morale and helped restore civic pride to the city’s inhabitants. The continued success of the Tigers that year held back the flames that many believed were sure to rise again in response to the tumultuous events of 1968, punctuated by the assassination of Dr. Martin Luther King, Jr.; and Whereas, The character, courage and fortitude of the athletes comprising the Detroit Tigers served as positive role models to the people of Detroit. The Tigers resiliency in battling back from the brink of elimination to capture the 1968 World Championship had an immeasurable effect on millions in this state and fans of the Tigers around the world; now, therefore, be it No. 79] [October 23, 2003] JOURNAL OF THE HOUSE 1981 Resolved by the House of Representatives, That the members of this legislative body honor the players, coaching staff and management of the 1968 Detroit Tigers baseball team in recognition of not only their outstanding accomplishments on the playing field, but their tremendous contribution to racial reconciliation and harmony to the city of Detroit. Pending the reference of the resolution to a committee, Rep. Richardville 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. Senate Bill No. 725, entitled A bill to amend 1947 PA 359, entitled “The charter township act,” by amending section 27 (MCL 42.27), as amended by 1988 PA 82. (The bill was passed, motion made to reconsider the vote by which the House passed the bill and motion postponed for the day on October 22, see House Journal No. 78, p. 1970.) The question being on the motion made previously by Rep. Richardville, Rep. Richardville withdrew the motion. Second Reading of Bills House Bill No. 4659, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 20906 (MCL 333.20906), as amended by 2000 PA 375. Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Health Policy, The substitute (H-1) was adopted, a majority of the members serving voting therefor. Rep. DeRoche moved that the bill be placed on the order of Third Reading of Bills. The motion prevailed. Rep. Richardville moved that the bill be placed on its immediate passage. The motion prevailed, a majority of the members serving voting therefor. ______ Rep. Caswell moved that Rep. Howell be excused temporarily from today’s session. The motion prevailed. By unanimous consent the House returned to the order of Third Reading of Bills House Bill No. 4659, entitled A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 20906 (MCL 333.20906), as amended by 2000 PA 375. Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows: Roll Call No. 578 Yeas—104 Accavitti Garfield Meisner Sheen Acciavatti Gieleghem Meyer Sheltrown Adamini Gillard Middaugh Shulman Amos Gleason Milosch Smith Anderson Hager Minore Spade Bieda Hardman Moolenaar Stahl 1982 JOURNAL OF THE HOUSE [October 23, 2003] [No. 79 Bisbee Hart Mortimer Stakoe Bradstreet Hood Murphy Stallworth Brandenburg Hoogendyk Newell Steil Brown Hopgood Nitz Stewart Byrum Huizenga Nofs Taub Casperson Hummel O’Neil Tobocman Caswell Hune Paletko Vagnozzi Caul Hunter Palmer Van Regenmorter Cheeks Jamnick Palsrok Vander Veen Condino Johnson, Rick Pastor Voorhees Dennis Johnson, Ruth Plakas Walker DeRoche Julian Pumford Ward DeRossett Koetje Reeves Waters Drolet Kolb Richardville Wenke Ehardt Kooiman Rivet Whitmer Elkins LaJoy Robertson Williams Emmons LaSata Rocca Wojno Farhat Law Sak Woodward Farrah Lipsey Shackleton Woronchak Gaffney McConico Shaffer Zelenko Nays—0 In The Chair: Julian The House agreed to the title of the bill. Rep. Richardville moved that the bill be given immediate effect. The motion prevailed, 2/3 of the members serving voting therefor. By unanimous consent the House returned to the order of Messages from the Senate Senate Bill No. 252, entitled A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 3111 and 3113 (MCL 324.3111 and 324.3113) and by adding sections 3120 and 3121. The Senate has nonconcurred in the House substitute (H-4) and appointed Senators McManus, Birkholz and Brater as conferees.