No. 5 STATE OF MICHIGAN JOURNAL OF THE House of Representatives 93rd Legislature REGULAR SESSION OF 2006 House Chamber, Lansing, Tuesday, January 24, 2006. 1:00 p.m. The House was called to order by the Speaker. 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—present 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—excused Walker—present Clemente—present Hunter—present Palsrok—present Ward—present Condino—present Jones—present Pastor—present Waters—present Cushingberry—present 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 40 JOURNAL OF THE HOUSE [January 24, 2006] [No. 5 Rep. Steve Bieda, from the 25th District, offered the following invocation: “I would like to offer today’s invocation in honor of my uncle, Jack Simmons, whose funeral was held one year ago today. O God of time and eternity, help this legislature look to the past with gratitude and to the future with hope. We remember this day those who have gone before us here, who labored not for themselves alone, but with a vision of building for the future a world better than they had known. Inspire in us also a like vision, that we too may labor for things beyond ourselves and that our lives may be dedicated to high purposes and grand horizons. Make us unafraid of hopes and dreams; release us from cynicism and despair. Teach us to be realistic about our limitations but never to lose hope in our potential to transcend them. Help us realize the significance of these moments together, that they may open our eyes to the blessings of the past and the promise of the future. Grant us courage for today and tomorrow. Amen.” ______ Rep. Emmons moved that Rep. Palmer be excused from today’s session. The motion prevailed. Motions and Resolutions The Speaker, on behalf of the entire membership of the House of Representatives, offered the following resolution: House Resolution No. 183. A resolution of tribute offered as a memorial for Ted Wallace, former member of the House of Representatives. Whereas, His many friends in the Capitol and throughout Michigan were saddened to learn of the untimely passing of Ted Wallace, who served this state and country in a wide range of responsibilities over the course of his life. Highly respected as a judge with the 36th District Court in Detroit at the time of his passing, this warm and talented gentleman exerted an impact that will long be felt; and Whereas, A graduate of Wright State University and the University of Michigan Law School, Ted Wallace was a veteran of service to his country with the Navy during the Vietnam War. This commitment to the service of others was to mark every aspect of his public life. In addition to his distinguished efforts as an attorney, he also worked in a variety of positions within the auto industry and became a leader in numerous community groups; and Whereas, In 1988, Ted Wallace brought his energies and experiences to Lansing following a special election. For the next 10 years, he served as a trusted voice within the House of Representatives. His legislative career was marked by his effectiveness in many issue areas and responsibilities, including his work on the Appropriations Committee during the shared-power legislature of 1993-94 and his service as chair of the Judiciary Committee in his last term. Since his retirement from lawmaking, Ted Wallace devoted himself to making the law a positive presence in people’s lives through his service as judge of the 36th District Court; now, therefore, be it Resolved by the House of Representatives, That we offer this expression of our highest tribute to honor the memory of Ted Wallace, a member of this legislative body from 1988 to 1998; and be it further Resolved, That copies of this resolution be transmitted to the Wallace family as evidence of our lasting esteem for his memory. The question being on the adoption of the resolution, The resolution was adopted by unanimous standing vote. Reports of Standing Committees The Committee on Appropriations, by Rep. Hummel, Chair, reported Senate Bill No. 956, entitled A bill to make, supplement, and adjust appropriations for various state departments and agencies and certain other state purposes for the fiscal year ending September 30, 2006; and to provide for the expenditure of the appropriations. Without amendment and with the recommendation that the bill pass. The bill was referred to the order of Second Reading of Bills. No. 5] [January 24, 2006] JOURNAL OF THE HOUSE 41 Favorable Roll Call To Report Out: Yeas: Reps. Hummel, Pastor, Kooiman, Stewart, Amos, Brandenburg, Caswell, Farhat, Moolenaar, Shaffer, Taub, Walker, Booher, Caul, Hansen, Kahn and Sak Nays: Reps. Whitmer, Brown, Kolb, Williams, Alma Smith and Gonzales COMMITTEE ATTENDANCE REPORT The following report, submitted by Rep. Hummel, Chair, of the Committee on Appropriations, was received and read: Meeting held on: Tuesday, January 24, 2006 Present: Reps. Hummel, Pastor, Kooiman, Stewart, Amos, Brandenburg, Caswell, Farhat, Moolenaar, Shaffer, Taub, Walker, Booher, Caul, Hansen, Kahn, Whitmer, Brown, Kolb, Sak, Williams, Alma Smith and Gonzales Absent: Reps. Acciavatti, Steil, Cushingberry, Cheeks and Plakas Excused: Reps. Acciavatti, Steil, Cushingberry, Cheeks and Plakas The Committee on Tax Policy, by Rep. Sheen, Chair, reported House Bill No. 4536, entitled A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 34c (MCL 211.34c), as amended by 2002 PA 620. 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. Sheen, Meyer, Gosselin, Newell, Hoogendyk, Stakoe, Jones, Marleau, Bieda, Farrah, Miller, Meisner, Bennett and Mayes Nays: None The Committee on Tax Policy, by Rep. Sheen, Chair, reported House Bill No. 5154, entitled A bill to amend 1987 PA 248, entitled “Airport parking tax act,” by amending section 7a (MCL 207.377a), as added by 2002 PA 680. Without amendment and with the recommendation that the bill pass. The bill was referred to the order of Second Reading of Bills. Favorable Roll Call To Report Out: Yeas: Reps. Sheen, Meyer, Gosselin, Newell, Hoogendyk, Stakoe, Jones, Marleau, Bieda, Farrah, Miller, Meisner, Bennett and Mayes Nays: None The Committee on Tax Policy, by Rep. Sheen, Chair, reported House Bill No. 5536, entitled A bill to amend 1987 PA 248, entitled “Airport parking tax act,” by amending section 3 (MCL 207.373), as amended by 2002 PA 680. With the recommendation that the bill be referred to the Committee on Transportation. 42 JOURNAL OF THE HOUSE [January 24, 2006] [No. 5 Favorable Roll Call To Report Out: Yeas: Reps. Sheen, Meyer, Gosselin, Newell, Hoogendyk, Stakoe, Jones, Marleau, Bieda, Farrah, Miller, Meisner, Bennett and Mayes Nays: None The recommendation was concurred in and the bill was referred to the Committee on Transportation. The Committee on Tax Policy, by Rep. Sheen, Chair, reported Senate Bill No. 957, entitled A bill to amend 1975 PA 228, entitled “Single business tax act,” by amending section 36 (MCL 208.36), as amended by 1995 PA 284. Without amendment and with the recommendation that the bill pass. The bill was referred to the order of Second Reading of Bills. Favorable Roll Call To Report Out: Yeas: Reps. Sheen, Meyer, Gosselin, Newell, Drolet, Hoogendyk, Stakoe, Jones and Marleau Nays: Reps. Bieda, Zelenko, Miller, Meisner 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: Tuesday, January 24, 2006 Present: Reps. Sheen, Meyer, Gosselin, Newell, Drolet, Hoogendyk, Stakoe, Jones, Marleau, Bieda, Farrah, Zelenko, Miller, Meisner, Bennett and Mayes Absent: Rep. Palmer Excused: Rep. Palmer The Committee on Transportation, by Rep. LaJoy, Chair, reported House Bill No. 5494, entitled A bill to amend 1990 PA 187, entitled “The pupil transportation act,” by amending the title and sections 5, 7, 9, 10, 10a, 11, 21, 23, 25, 27, 29, 31, 33, 39, 41, 43, 49, 51, 53, 55, 57, 61, 67, 69, 70, and 73 (MCL 257.1805, 257.1807, 257.1809, 257.1810, 257.1810a, 257.1811, 257.1821, 257.1823, 257.1825, 257.1827, 257.1829, 257.1831, 257.1833, 257.1839, 257.1841, 257.1843, 257.1849, 257.1851, 257.1853, 257.1855, 257.1857, 257.1861, 257.1867, 257.1869, 257.1870, and 257.1873), sections 5, 7, 10, and 10a as amended by 2000 PA 49, section 23 as amended by 1990 PA 322, section 33 as amended by 2001 PA 130, section 49 as amended by 1994 PA 309, section 53 as amended by 2004 PA 131, section 55 as amended by 2004 PA 231, and section 57 as amended by 1996 PA 170; and to repeal acts and parts of acts.