No. 72
State of Michigan
JOURNAL
OF THE
House of Representatives
94th Legislature
REGULAR SESSION OF 2008
House Chamber, Lansing, Tuesday, September 9, 2008.
1:30 p.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—excused Dillon—present Lahti—present Pearce—present
Acciavatti—present Donigan—present LaJoy—present Polidori—present
Agema—present Ebli—present Law, David—present Proos—present
Amos—present Elsenheimer—present Law, Kathleen—present Robertson—present
Angerer—present Emmons—present LeBlanc—present Rocca—present
Ball—present Espinoza—present Leland—present Sak—present
Bauer—present Farrah—present Lemmons—present Schuitmaker—present
Bennett—present Gaffney—present Lindberg—present Scott—excused
Bieda—present Garfield—excused Marleau—present Shaffer—present
Booher—present Gillard—present Mayes—present Sheen—present
Brandenburg—present Gonzales—present McDowell—present Sheltrown—present
Brown—present Green—present Meadows—present Simpson—present
Byrnes—present Griffin—excused Meekhof—present Smith, Alma—present
Byrum—present Hammel—present Meisner—present Smith, Virgil—present
Calley—present Hammon—present Melton—present Spade—present
Casperson—present Hansen—present Meltzer—present Stahl—present
Caswell—present Hildenbrand—present Miller—present Stakoe—present
Caul—present Hood—present Moolenaar—present Steil—present
Cheeks—present Hoogendyk—present Moore—present Tobocman—present
Clack—excused Hopgood—present Moss—present Vagnozzi—present
Clemente—present Horn—present Nitz—present Valentine—present
Condino—present Huizenga—present Nofs—present Walker—present
Constan—present Hune—present Opsommer—present Ward—present
Corriveau—present Jackson—present Palmer—present Warren—present
Coulouris—present Johnson—present Palsrok—present Wenke—present
Cushingberry—present Jones, Rick—present Pastor—present Wojno—present
Dean—present Jones, Robert—present Pavlov—present Young—present
DeRoche—present Knollenberg—present
e/d/s = entered during session
Rep. Robert Dean, from the 75th District, offered the following invocation:
“O God, the Father of our Lord Jesus Christ, the Great Shepherd of the sheep, Who came to seek and to save the lost, we beseech Thee that Thy spirit may strive with those who, having strayed from Thy fold, are wandering in the wilderness of worldliness and sin. Let Thy love constrain them and Thy grace abound toward them, that they may return to Thee in penitence and fresh consecration of their lives. O God we ask for more of Your grace and mercy for the Sheltrown family and our colleague. We ask, O God, that You bless those soldiers in uniform that they may feel the support of Your presence that they may know, O God, that they are not alone, wherever they are serving on the field of battle.
Grant to us at this moment, O righteous Father, the spirit of worship and true godliness. Bind us together with cords of duty, making us glad and strong in doing it. By the memories of our Nation’s glorious past, make us alert to the call of the present, that is inspired by the spirit of wisdom, courage and patience we may respond with signal devotion to its just claims upon us.
We ask it in the Name of Him Who hung upon the Cross, stretching forth His loving arms to draw all men unto Himself, Jesus Christ, Thy Son, our Lord. Amen.”
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Rep. Tobocman moved that Reps. Accavitti, Clack, Griffin and Scott be excused from today’s session.
The motion prevailed.
Rep. Booher moved that Rep. Garfield 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. 417.
A resolution of tribute offered as a memorial for Bela E. Kennedy, former member of the House of Representatives.
Whereas, The members of the Michigan House of Representatives were saddened to learn of the passing of Bela E. Kennedy, a gentleman of true distinction who served this legislative body for 11 years and his community in Van Buren County throughout his life. In acknowledgement of the impact of his commitment to Michigan agriculture and public service, we offer this expression of our admiration for his life and extend our condolences to his family; and
Whereas, Born in Bangor in 1918, Bela Kennedy was the proud son of a farm family. The values of service, faith, and hard work were rooted in him every bit as deeply as the traditions symbolized by the centennial farms across our state. He was a graduate of Michigan State University who put his talents to good use as a leader in a host of local and statewide farm organizations. Indeed, his insights were invaluable to a long list of private and public agricultural entities; and
Whereas, Bela Kennedy’s extensive involvement with community groups of all types, including the Masons, led him to the Capitol and the legislature. In 1971, he was elected to the Michigan House of Representatives in a special election, and he was reelected to 5 consecutive terms prior to his retirement. In Lansing, the same integrity, honesty, and diligence well-known in Van Buren County became invaluable over the course of his tenure as a lawmaker. His knowledge contributed a great deal to all types of bills, from those dealing with agricultural commodity programs to local government, and earned him the respect of his colleagues on both sides of the aisle. Clearly, Bela Kennedy’s life strengthened our state in many ways; now, therefore, be it
Resolved by the House of Representatives, That we offer this expression of our highest tribute to honor the memory of Bela E. Kennedy, a member of this legislative body from 1971 to 1982; and be it further
Resolved, That copies of this resolution be transmitted to the Kennedy 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.
Messages from the Governor
The following line items veto message from the Governor was received and read:
Executive Office, Lansing, August 5, 2008
Michigan House of Representatives
State Capitol
Lansing, Michigan 48909-7514
Ladies and Gentlemen:
Today I have signed Enrolled House Bill 5816, which makes appropriations for the fiscal year ending September 30, 2009 for the Departments of Attorney General, Civil Rights, Information Technology, Management and Budget, State, and Treasury, and for the Executive Office and the legislative branch of state government. This legislation will provide almost $3.2 billion in funding to provide for the necessary operations of state government, including $1.1 billion in vital revenue sharing grants to local governments.
I have, however, disapproved four items pursuant to Section 19 of Article V of the Michigan Constitution of 1963. The specific item vetoes are contained in the attached copy of the bill which has been filed with the Secretary of State.
I have disapproved the carry-forward provisions proposed in Section 307 and Section 311 because the language effectively would authorize spending in excess of target agreements for the Department of Attorney General.
I have disapproved Section 803a, which would require the Department of State to conduct an extensive cost allocation study regarding the administration and collection of transportation revenue. Existing cost allocation methodology used Department of State is reasonable and development of an alternative methodology is unnecessary.
I also have disapproved Section 1027 because I believe that expenditures from the 21st Century Jobs Trust Fund should be awarded based on oversight from the Michigan Strategic Fund Board and consistent with the Michigan Trust Fund Act and the Michigan Strategic Fund Act.
While I found it necessary to disapprove of several items in this bill, I thank the Legislature for its work authorizing general government expenditures for Fiscal Year 2009.
Respectfully,
Jennifer M. Granholm
Governor
The bill was signed by the Governor August 5, 2008, at 4:10 p.m.
The bill was filed with the Secretary of State, August 6, 2008, at 1:43 p.m., and assigned Public Act No. 261, I.E.
The question being on the passage of the disapproved items, the objections of the Governor to the contrary notwithstanding,
Rep. Tobocman moved that the bill be re-referred to the Committee on Appropriations.
The motion prevailed.
By unanimous consent the House returned to the order of
Messages from the Senate
The Speaker laid before the House
House Bill No. 6205, entitled
A bill to amend 1975 PA 222, entitled “Higher education loan authority act,” by amending section 5 (MCL 390.1155), as amended by 2002 PA 547.
(The bill was received from the Senate on August 13, with an amendment, full title inserted and immediate effect given by the Senate, consideration of which, under the rules, was postponed until August 20, see House Journal No. 69, p. 2091.)
The question being on concurring in the amendment made to the bill by the Senate,
The amendment was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 709 Yeas—96
Acciavatti DeRoche Knollenberg Palmer
Agema Dillon Lahti Palsrok
Amos Donigan LaJoy Pavlov
Angerer Ebli Law, David Pearce
Ball Elsenheimer Law, Kathleen Polidori
Bauer Emmons LeBlanc Proos
Bennett Espinoza Leland Rocca
Bieda Farrah Lemmons Sak
Booher Gaffney Lindberg Schuitmaker
Brown Gillard Marleau Shaffer
Byrnes Gonzales Mayes Sheltrown
Byrum Green McDowell Simpson
Calley Hammel Meadows Smith, Alma
Casperson Hammon Meekhof Smith, Virgil
Caswell Hansen Meisner Spade
Caul Hildenbrand Melton Stakoe
Cheeks Hood Meltzer Tobocman
Clemente Hopgood Miller Vagnozzi
Condino Horn Moolenaar Valentine
Constan Huizenga Moore Walker
Corriveau Jackson Moss Ward
Coulouris Johnson Nitz Warren
Cushingberry Jones, Rick Nofs Wojno
Dean Jones, Robert Opsommer Young
Nays—9
Brandenburg Pastor Sheen Steil
Hoogendyk Robertson Stahl Wenke
Hune
In The Chair: Sak
The House agreed to the full title.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
Second Reading of Bills
House Bill No. 5966, entitled
A bill to amend 1943 PA 240, entitled “State employees’ retirement act,” by amending section 45 (MCL 38.45), as amended by 2002 PA 743.
The bill was read a second time.
Rep. Miller moved to amend the bill as follows:
1. Amend page 2, line 20, after “SERVICES” by inserting “THAT REQUIRES THE EMPLOYEE TO BE IN DIRECT CONTACT WITH DETAINEES FOR MORE THAN 50% OF THE EMPLOYEE’S WORK TIME”.
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Opsommer moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Tobocman 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. 5966, entitled
A bill to amend 1943 PA 240, entitled “State employees’ retirement act,” by amending section 45 (MCL 38.45), as amended by 2002 PA 743.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 710 Yeas—66
Amos Dillon Lahti Opsommer
Angerer Donigan LaJoy Polidori
Ball Ebli Law, David Rocca
Bauer Espinoza Law, Kathleen Sak
Bennett Farrah LeBlanc Sheltrown
Bieda Gaffney Leland Simpson
Brown Gillard Lemmons Smith, Alma
Byrnes Gonzales Lindberg Smith, Virgil
Byrum Hammel Mayes Spade
Cheeks Hammon McDowell Tobocman
Clemente Hood Meadows Vagnozzi
Condino Hopgood Meisner Valentine
Constan Hune Melton Ward
Corriveau Jackson Miller Warren
Coulouris Johnson Moore Wojno
Cushingberry Jones, Rick Nofs Young
Dean Jones, Robert
Nays—39
Acciavatti Emmons Meltzer Robertson
Agema Green Moolenaar Schuitmaker
Booher Hansen Moss Shaffer
Brandenburg Hildenbrand Nitz Sheen
Calley Hoogendyk Palmer Stahl
Casperson Horn Palsrok Stakoe
Caswell Huizenga Pastor Steil
Caul Knollenberg Pavlov Walker
DeRoche Marleau Pearce Wenke
Elsenheimer Meekhof Proos
In The Chair: Sak
The House agreed to the title of the bill.
Rep. Tobocman moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
______
Rep. Caswell, having reserved the right to explain his protest against the passage of the bill, made the following statement:
“Mr. Speaker and members of the House:
We do not know how many people this bill will affect or how much it will cost the retirement system. I have asked several people and no one knows. I can’t vote for it under these circumstances.”
Second Reading of Bills
House Bill No. 5995, entitled
A bill to amend 1943 PA 148, entitled “An act to provide for the regulation and licensing of proprietary schools in the state; to require surety; to provide for collection and disposition of fees; and to prescribe penalties for the violation of this act,” by amending sections 1, 1a, 2, 2a, and 2b (MCL 395.101, 395.101a, 395.102, 395.102a, and 395.102b), sections 1, 2, 2a, and 2b as amended and section 1a as added by 1983 PA 60.
Was read a second time, and the question being on the adoption of the proposed substitute (H-3) previously recommended by the Committee on Regulatory Reform,
The substitute (H-3) was not adopted, a majority of the members serving not voting therefor.
Rep. Condino moved to substitute (H-4) the bill.
The motion prevailed and the substitute (H-4) was adopted, a majority of the members serving voting therefor.
Rep. Condino moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
Rep. Tobocman 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. 5995, entitled
A bill to amend 1943 PA 148, entitled “An act to provide for the regulation and licensing of proprietary schools in the state; to require surety; to provide for collection and disposition of fees; and to prescribe penalties for the violation of this act,” by amending sections 1, 1a, 2, 2a, and 2b (MCL 395.101, 395.101a, 395.102, 395.102a, and 395.102b), sections 1, 2, 2a, and 2b as amended and section 1a as added by 1983 PA 60.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 711 Yeas—105
Acciavatti Donigan LaJoy Pearce
Agema Ebli Law, David Polidori
Amos Elsenheimer Law, Kathleen Proos
Angerer Emmons LeBlanc Robertson
Ball Espinoza Leland Rocca
Bauer Farrah Lemmons Sak
Bennett Gaffney Lindberg Schuitmaker
Bieda Gillard Marleau Shaffer
Booher Gonzales Mayes Sheen
Brandenburg Green McDowell Sheltrown
Brown Hammel Meadows Simpson
Byrnes Hammon Meekhof Smith, Alma
Byrum Hansen Meisner Smith, Virgil
Calley Hildenbrand Melton Spade
Casperson Hood Meltzer Stahl
Caswell Hoogendyk Miller Stakoe
Caul Hopgood Moolenaar Steil
Cheeks Horn Moore Tobocman
Clemente Huizenga Moss Vagnozzi
Condino Hune Nitz Valentine
Constan Jackson Nofs Walker
Corriveau Johnson Opsommer Ward
Coulouris Jones, Rick Palmer Warren
Cushingberry Jones, Robert Palsrok Wenke
Dean Knollenberg Pastor Wojno
DeRoche Lahti Pavlov Young
Dillon
Nays—0
In The Chair: Sak
The question being on agreeing to the title of the bill,
Rep. Tobocman moved to amend the title to read as follows:
A bill to amend 1943 PA 148, entitled “An act to provide for the regulation and licensing of proprietary schools in the state; to require surety; to provide for collection and disposition of fees; and to prescribe penalties for the violation of this act,” by amending the title and sections 1, 1a, 2, 2a, 2b, and 3 (MCL 395.101, 395.101a, 395.102, 395.102a, 395.102b, and 395.103), the title and sections 1, 2, 2a, 2b, and 3 as amended and section 1a as added by 1983 PA 60, and by adding sections 2c and 2d.
The motion prevailed.
The House agreed to the title as amended.
Rep. Tobocman 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
Motions and Resolutions
Rep. Tobocman moved that the Committee on Families and Children’s Services be discharged from further consideration of House Bill No. 6287.
(For first notice see House Journal No. 68, p. 2078.)
The question being on the motion made by Rep. Tobocman,
The motion prevailed, a majority of the members serving voting therefor.
The bill was placed on the order of Second Reading of Bills.
Rep. Hoogendyk moved that the Committee on Labor be discharged from further consideration of House Bill No. 4454.
(For first notice see House Journal No. 68, p. 2078.)
The question being on the motion made by Rep. Hoogendyk,
Rep. Hoogendyk demanded the yeas and nays.
The demand was supported.
The question being on the motion made by Rep. Hoogendyk,
Rep. Tobocman moved that consideration of the motion be postponed for the day.
The motion prevailed.
Rep. Stahl moved that the Committee on Judiciary be discharged from further consideration of House Joint Resolution NN.
(For first notice see House Journal No. 70, p. 2100.)
The question being on the motion made by Rep. Stahl,
Rep. Stahl demanded the yeas and nays.
The demand was supported.
The question being on the motion made by Rep. Stahl,
Rep. Tobocman moved that consideration of the motion be postponed for the day.
The motion prevailed.
Rep. Pavlov moved that the Committee on Intergovernmental, Urban and Regional Affairs be discharged from further consideration of House Bill No. 5641.
(For first notice see House Journal No. 71, p. 2107.)
The question being on the motion made by Rep. Pavlov,
Rep. Pavlov demanded the yeas and nays.
The demand was supported.
The question being on the motion made by Rep. Pavlov,
Rep. Tobocman moved that consideration of the motion be postponed for the day.
The motion prevailed.
Rep. Pavlov moved that the Committee on Intergovernmental, Urban and Regional Affairs be discharged from further consideration of House Bill No. 5642.
(For first notice see House Journal No. 71, p. 2107.)
The question being on the motion made by Rep. Pavlov,
Rep. Pavlov demanded the yeas and nays.
The demand was supported.
The question being on the motion made by Rep. Pavlov,
Rep. Tobocman moved that consideration of the motion be postponed for the day.
The motion prevailed.
Rep. Pavlov moved that the Committee on Intergovernmental, Urban and Regional Affairs be discharged from further consideration of House Bill No. 5643.
(For first notice see House Journal No. 71, p. 2107.)
The question being on the motion made by Rep. Pavlov,
Rep. Pavlov demanded the yeas and nays.
The demand was supported.
The question being on the motion made by Rep. Pavlov,
Rep. Tobocman moved that consideration of the motion be postponed for the day.
The motion prevailed.
Rep. Rick Jones moved that the Committee on Intergovernmental, Urban and Regional Affairs be discharged from further consideration of House Bill No. 5644.
(For first notice see House Journal No. 71, p. 2107.)
The question being on the motion made by Rep. Rick Jones,
Rep. Rick Jones demanded the yeas and nays.
The demand was supported.
The question being on the motion made by Rep. Rick Jones,
Rep. Tobocman moved that consideration of the motion be postponed for the day.
The motion prevailed.
Rep. Pavlov moved that the Committee on Intergovernmental, Urban and Regional Affairs be discharged from further consideration of House Bill No. 5645.
(For first notice see House Journal No. 71, p. 2107.)
The question being on the motion made by Rep. Pavlov,
Rep. Pavlov demanded the yeas and nays.
The demand was supported.
The question being on the motion made by Rep. Pavlov,
Rep. Tobocman moved that consideration of the motion be postponed for the day.
The motion prevailed.
Rep. Pavlov moved that the Committee on Tax Policy be discharged from further consideration of House Bill No. 5646.
(For first notice see House Journal No. 71, p. 2107.)
The question being on the motion made by Rep. Pavlov,
Rep. Pavlov demanded the yeas and nays.
The demand was supported.
The question being on the motion made by Rep. Pavlov,
Rep. Tobocman moved that consideration of the motion be postponed for the day.
The motion prevailed.
Rep. Horn moved that the Committee on Tax Policy be discharged from further consideration of House Bill No. 5647.
(For first notice see House Journal No. 71, p. 2107.)
The question being on the motion made by Rep. Horn,
Rep. Horn demanded the yeas and nays.
The demand was supported.
The question being on the motion made by Rep. Horn,
Rep. Tobocman moved that consideration of the motion be postponed for the day.
The motion prevailed.
Rep. Meltzer moved that the Committee on Tax Policy be discharged from further consideration of House Bill No. 6128.
(For first notice see House Journal No. 71, p. 2106.)
The question being on the motion made by Rep. Meltzer,
Rep. Meltzer demanded the yeas and nays.
The demand was supported.
The question being on the motion made by Rep. Meltzer,
Rep. Tobocman moved that consideration of the motion be postponed for the day.
The motion prevailed.
Rep. Meltzer moved that the Committee on Appropriations be discharged from further consideration of House Bill No. 6129.
(For first notice see House Journal No. 71, p. 2107.)
The question being on the motion made by Rep. Meltzer,
Rep. Meltzer demanded the yeas and nays.
The demand was supported.
The question being on the motion made by Rep. Meltzer,
Rep. Tobocman moved that consideration of the motion be postponed for the day.
The motion prevailed.
Rep. Horn moved that the Committee on Tax Policy be discharged from further consideration of House Bill No. 6383.
(For first notice see House Journal No. 71, p. 2107.)
The question being on the motion made by Rep. Horn,
Rep. Horn demanded the yeas and nays.
The demand was supported.
The question being on the motion made by Rep. Horn,
Rep. Tobocman moved that consideration of the motion be postponed for the day.
The motion prevailed.
Rep. Pavlov moved that the Committee on Tax Policy be discharged from further consideration of House Joint Resolution LL.
(For first notice see House Journal No. 71, p. 2107.)
The question being on the motion made by Rep. Pavlov,
Rep. Pavlov demanded the yeas and nays.
The demand was supported.
The question being on the motion made by Rep. Pavlov,
Rep. Tobocman moved that consideration of the motion be postponed for the day.
The motion prevailed.
Rep. Meltzer moved that the Committee on Tax Policy be discharged from further consideration of House Joint Resolution MM.
(For first notice see House Journal No. 71, p. 2106.)
The question being on the motion made by Rep. Meltzer,
Rep. Meltzer demanded the yeas and nays.
The demand was supported.
The question being on the motion made by Rep. Meltzer,
Rep. Tobocman moved that consideration of the motion be postponed for the day.
The motion prevailed.
Rep. Tobocman moved to suspend that portion of Rule 41 requiring bills to be handed to the Clerk three hours prior to calling the House to order.
The motion prevailed, 3/5 of the members present voting therefor.
Reps. Spade, Ball, Bauer, Bieda, Brown, Byrnes, Caul, Condino, Constan, Dean, Green, Hammel, Hammon, Hansen, Hood, Hopgood, Robert Jones, LeBlanc, Leland, Lemmons, Mayes, Miller, Nitz, Pastor, Pearce, Polidori, Sak, Shaffer, Virgil Smith, Stahl, Tobocman, Vagnozzi, Wojno, Booher, Gonzales, Cushingberry, Lahti and Palmer offered the following resolution:
House Resolution No. 418.
A resolution to raise awareness of the dangers of suicide to the citizens of Michigan by naming the week of September 7, 2008, Suicide Prevention Week in the state of Michigan.
Whereas, Suicide is the 10th leading cause of death in the state and nearly double that of death from homicide and triple that of deaths from HIV/AIDS; and
Whereas, Like the rest of our nation, the highest rates of suicide are among those in Michigan’s workforce age, 25- to 64-year-old people, and are primarily men; and
Whereas, In this state, suicide is the third leading cause of death for 15- to 19- year-old people and the second leading cause of death among those individuals enrolled in college; and
Whereas, In the year 2006, over 1,132 people in Michigan died as a result of suicide and over 6,100 people became suicide survivors; and
Whereas, Suicide’s impact in the nation and in our state is enormous, whether measured in numbers of deaths, attempts, economic and medical benefit costs, or the devastation to survivors; and
Whereas, In Michigan, completed and attempted suicides have an associated economic impact of over $1.1 billion annually; and
Whereas, The causes of suicide are complex and multifaceted, involving psychological, biological, and sociological factors; and
Whereas, Suicide is often the result of untreated mental illness, especially depressive illnesses, and research indicates that many suicides could have been prevented with immediate and appropriate intervention and treatment; and
Whereas, Suicide prevention opportunities continue to increase due to advances in clinical research pertaining to the diagnosis and effective treatment of mental illness, along with advances in neuroscience and in the development of community-based suicide prevention initiatives; and
Whereas, Much more can and must be done to reduce the stigma associated with seeking help for emotional or mental health problems, or help for suicidal thoughts and behavior; and
Whereas, Research demonstrates that increased public awareness of warning signs of suicide, and awareness of appropriate and effective intervention strategies, would reduce suicide deaths; and
Whereas, Greater public consciousness of suicide as a major public health problem will help keep our citizens safe and healthy and as part of the greater efforts of the Michigan House of Representatives to raise awareness of mental health issues and prevent suicides; now, therefore, be it
Resolved by the House of Representatives, That the members of this legislative body declare the week of September 7, 2008, as Suicide Prevention Week in the state of Michigan; and be it further
Resolved, That copies of this resolution be transmitted to the Michigan Association of Community Mental Health Boards and mental health and suicide prevention advocates throughout the State of Michigan.
Pending the reference of the resolution to a committee,
Rep. Tobocman moved that Rule 71 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.
Reps. Sak, Bauer, Brown, Constan, Cushingberry, Dean, Hammel, Hammon, Hopgood, LeBlanc, Leland, Lemmons, Miller, Pearce, Polidori, Rocca, Spade, Stahl, Tobocman, Vagnozzi, Gonzales, Lahti and Palmer offered the following resolution:
House Resolution No. 419.
A resolution to urge the United States Department of Defense and the United States Congress to support The Boeing Company’s proposed refueling tanker aircraft in its bid for the KC-X tanker contest award.
Whereas, The Boeing Company has been building and maintaining aerial refueling tankers for the United States Air Force for over 50 years and has more experience building tankers than any other company in the world; and
Whereas, The Boeing tanker would continue the company’s longstanding history of manufacturing in America by supporting thousands of skilled jobs nationwide. Many of these jobs are with Michigan-based suppliers in communities such as Boyne City, Grand Rapids, Hastings, Kalamazoo, and Muskegon; and
Whereas, The Boeing Company already maintains 263 suppliers statewide that account for over $500 million worth of aerospace product purchases each year; and
Whereas, The competitor for this contract, a partnership between Northrop Grumman and the European Aeronautic Defence and Space Company (EADS), would build their proposed tanker aircraft in France, Germany, Spain, and the United Kingdom, using $35 billion in American tax dollars; and
Whereas, Awarding this contract to The Boeing Company would lead to production of quality, reliable, American aircraft that would best serve the military and economy; and
Whereas, Relying on foreign suppliers for military equipment is unwise and not in the best national security interests of the country; now, therefore, be it
Resolved by the House of Representatives, That we urge the United States Department of Defense and the United States Congress to support The Boeing Company’s proposed refueling tanker aircraft in its bid for the KC-X tanker contest award; and be it further
Resolved, That copies of this resolution be transmitted to the United States Secretary of Defense, 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 Military and Veterans Affairs and Homeland Security.
Reps. Dean, Bieda, Brown, Condino, Constan, Cushingberry, Hopgood, Robert Jones, Leland, Lemmons, Miller, Polidori, Proos, Sak, Spade, Stahl, Tobocman, Vagnozzi and Gonzales offered the following resolution:
House Resolution No. 420.
A resolution proclaiming the week of July 11, 2008, as Bosnia and Herzegovina Tribute Week in the state of Michigan.
Whereas, Both the United States Senate and the United States House of Representatives passed resolutions acknowledging the genocide that the Serbian forces perpetrated in Srebrenica, and all of Bosnia from 1992 to 1995; and
Whereas, July 11, 2008 is commemorated as the 13th anniversary of the Srebrenica massacre in which almost 8,000 innocent Bosniak civilians were executed in the worst atrocity in Europe since the holocaust; and
Whereas, This anniversary raises awareness of the tragic suffering of the Bosnian people and honors and remembers those who died as a result of the policies of ethnic cleansing and aggression; and
Whereas, The state of Michigan recognizes the importance of this event to bring closure for the Bosnian people through justice and truth; now, therefore, be it
Resolved by the House of Representatives, That the members of this legislative body proclaim the week of July 11, 2008, as Bosnia And Herzegovina Tribute Week in the state of Michigan. We call upon all citizens to work toward ending the cycle of violence and promoting peaceful coexistence among all.
Pending the reference of the resolution to a committee,
Rep. Tobocman moved that Rule 71 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.
Reps. Hansen, Ball, Bauer, Bieda, Brown, Byrnes, Casperson, Caul, Condino, Constan, Cushingberry, Dean, Green, Hammel, Hopgood, Horn, Rick Jones, Robert Jones, LaJoy, LeBlanc, Leland, Lemmons, Mayes, Meekhof, Miller, Nitz, Pearce, Polidori, Proos, Rocca, Sak, Shaffer, Virgil Smith, Spade, Stahl, Tobocman, Vagnozzi, Wojno, Booher, Gonzales, Lahti and Palmer offered the following resolution:
House Resolution No. 421.
A resolution recognizing September 18, 2008, as Buy Fresh, Buy Local, Select Michigan Day in the state of Michigan.
Whereas, If every Michigan household spent just $10 per week on Michigan-produced food, it would generate an additional $37 billion to circulate in our state’s economy each and every week; and
Whereas, Michigan farmers produce more than 200 agricultural commodities, making it the second-most agriculturally diverse state in the nation; and
Whereas, Michigan agriculture contributes $63.7 billion to the state’s economy, making it the second-largest economic industry in the state behind the automotive industry; and
Whereas, The rise in consumer demand for fresh, local food has nearly doubled the number of farmers markets in the state in less than a decade, from only 90 in 2001 to more than 170 today; and
Whereas, Buying locally connects consumers and farmers, helping them to know where their food comes from and how it’s grown; and
Whereas, Buying food that is grown and produced in Michigan delivers a fresher product to consumers and supports family farms, agri-businesses, rural and urban communities and the local economy; and
Whereas, A special day and farmers market celebration, sponsored by Michigan Food and Farming Systems and the Michigan Department of Agriculture with support from the Michigan Farmers Market Association and the Food Bank Council of Michigan, has been set aside to celebrate Michigan farmers and local food; now, therefore, be it
Resolved by the House of Representatives, That the members of this legislative body declare September 18, 2008, as Buy Fresh, Buy Local, Select Michigan Day in the state of Michigan. We encourage all Michigan citizens to “Buy Fresh and Buy Local” to support and preserve Michigan’s agricultural heritage.
The resolution was referred to the Committee on Agriculture.
Rep. Opsommer offered the following resolution:
House Resolution No. 422.
A resolution to memorialize Congress to reduce the price of traditional passports, by directly lowering the cost to consumers or by offering fully refundable federal income tax deductions to citizens who live in border states.
Whereas, To ensure greater national security, the United States government now has stricter identification standards in place to gain re-entry into the United States. A passport is currently required in order to enter the United States by air. Starting in June of 2009, a passport may also be required for all ground crossings, including re-entry from Mexico and Canada. The Department of Homeland Security has also stated that, in the future, a passport may become one of a new breed of identity documents necessary for even domestic tasks, including boarding airplanes for flights that stay entirely within the United States. It is therefore becoming evident that passports will become a document that even citizens not traveling overseas will need, including for domestic and non-travel related reasons; and
Whereas, Three-quarters of all travelers enter the United States through our 163 land ports of entry. Michigan residents have traditionally been able to move back and forth across the Canadian border with a $25 driver license or a birth certificate for identification. The free flow of consumer and tourist traffic between Canada and Michigan is a boost to the Michigan and national economies. Conversely, inhibiting citizens from crossing the border could negatively affect the local and national economies; and
Whereas, More residents, especially those of border states like Michigan, should be encouraged to obtain a traditional, fully functioning passport in order to comply with federal laws and to aid in border crossings. Despite a recent Government Accountability Office investigation that showed citizens being overcharged, traditional passports have seen recent price increases that sometimes put the price at over $100. A $100 cost will be prohibitive for many residents and discourage free travel, or will force citizens into newer “passport-lite” alternatives that are of limited utility and encroach upon the privacy and sovereignty of state documents. A federal subsidy that reduces the price of traditional federal passports to $50, either through a direct price reduction or fully refundable tax deduction, could allay the cost and encourage passport purchases and free travel, thus aiding the economy. These reductions should come out of the monies the federal government would ordinarily receive, and not from reimbursement costs the federal government uses for security checks or initial passport processing by clerks or other local government officials; now, therefore, be it
Resolved by the House of Representatives, That we memorialize Congress to reduce the price of traditional passports, by directly lowering the cost to consumers or by offering fully refundable federal income tax deductions to citizens who live in border states; 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.
Announcement by the Clerk of Printing and Enrollment
The Clerk announced that the following bills had been printed and placed upon the files of the members on Thursday, September 4:
House Bill Nos. 6392 6393 6394 6395 6396 6397
The Clerk announced that the following Senate bills had been received on Tuesday, September 9:
Senate Bill Nos. 1195 1344 1353 1374 1401
Reports of Standing Committees
The Committee on Commerce, by Rep. Meisner, Chair, reported
House Bill No. 6222, entitled
A bill to amend 1974 PA 198, entitled “An act to provide for the establishment of plant rehabilitation districts and industrial development districts in local governmental units; to provide for the exemption from certain taxes; to levy and collect a specific tax upon the owners of certain facilities; to impose and provide for the disposition of an administrative fee; 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 the state tax commission and certain officers of local governmental units; and to provide penalties,” by amending section 16a (MCL 207.566a), as added by 1996 PA 94.
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. Meisner, Robert Jones, Byrum, Coulouris, Dean, Sheltrown, Simpson, Hildenbrand, Palsrok and Meltzer
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Meisner, Chair, of the Committee on Commerce, was received and read:
Meeting held on: Tuesday, September 9, 2008
Present: Reps. Meisner, Robert Jones, Byrum, Coulouris, Dean, Johnson, Sheltrown, Simpson, Hildenbrand, Palsrok, Stakoe, Rick Jones, Knollenberg and Meltzer
Absent: Reps. Accavitti, Clemente, Griffin, Valentine and Huizenga
Excused: Reps. Accavitti, Clemente, Griffin, Valentine and Huizenga
The Committee on Senior Health, Security, and Retirement, by Rep. Robert Jones, Chair, reported
House Bill No. 6388, entitled
A bill to amend 1978 PA 368, entitled “Public health code,” (MCL 333.1101 to 333.25211) by adding section 21742.
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. Robert Jones, Constan, Hopgood, Lemmons and Warren
Nays: Reps. Green, Sheen and Stahl
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Robert Jones, Chair, of the Committee on Senior Health, Security, and Retirement, was received and read:
Meeting held on: Tuesday, September 9, 2008
Present: Reps. Robert Jones, Constan, Hopgood, Lemmons, Warren, Ball, Green, Sheen and Stahl
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Miller, Chair, of the Committee on Labor, was received and read:
Meeting held on: Tuesday, September 9, 2008
Present: Reps. Miller, Meadows, Constan, Farrah, Hopgood, Lindberg, Wenke, LaJoy, Steil and Rick Jones
Absent: Rep. Bieda
Excused: Rep. Bieda
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Sheltrown, Chair, of the Committee on Tourism, Outdoor Recreation and Natural Resources, was received and read:
Meeting held on: Tuesday, September 9, 2008
Present: Reps. Sheltrown, Ebli, Brown, Hammon, Kathleen Law, Lindberg, Simpson, Casperson, Walker, Stakoe and Horn
Messages from the Senate
Senate Bill No. 1195, entitled
A bill to amend 1984 PA 270, entitled “Michigan strategic fund act,” by amending section 88o (MCL 125.2088o), as added by 2005 PA 215.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Commerce.
Senate Bill No. 1344, entitled
A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 1205 (MCL 500.1205), as amended by 2001 PA 228.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Insurance.
Senate Bill No. 1353, entitled
A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” by amending section 435 (MCL 206.435), as amended by 2008 PA 162.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Senate Bill No. 1374, entitled
A bill to amend 2001 PA 63, entitled “History, arts, and libraries act,” by amending the title and section 2 (MCL 399.702), section 2 as amended by 2008 PA 85, and by adding section 9.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Senate Bill No. 1401, entitled
A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 1239 (MCL 500.1239), as amended by 2007 PA 187.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Insurance.
Introduction of Bills
Rep. Hammel introduced
House Bill No. 6398, entitled
A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending sections 744 and 931 (MCL 168.744 and 168.931), section 744 as amended by 1995 PA 261 and section 931 as amended by 1996 PA 583.
The bill was read a first time by its title and referred to the Committee on Ethics and Elections.
Rep. Calley introduced
House Bill No. 6399, entitled
A bill to establish a grant program to support sustained expansion of nursing school enrollment in this state; to provide for the administration of the grant program; and to prescribe certain powers and duties of certain state officers, agencies, and departments.
The bill was read a first time by its title and referred to the Committee on Education.
Rep. Calley introduced
House Bill No. 6400, entitled
A bill to amend 2000 PA 92, entitled “Food law of 2000,” (MCL 289.1101 to 289.8111) by adding section 5104.
The bill was read a first time by its title and referred to the Committee on Commerce.
Rep. Leland introduced
House Bill No. 6401, entitled
A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 9 (MCL 211.9), as amended by 2006 PA 550.
The bill was read a first time by its title and referred to the Committee on Agriculture.
Rep. Gillard introduced
House Bill No. 6402, entitled
A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” (MCL 324.101 to 324.90106) by adding section 40111d.
The bill was read a first time by its title and referred to the Committee on Tourism, Outdoor Recreation and Natural Resources.
Reps. Bauer, Byrum, Opsommer, Rick Jones, Polidori, Meadows and Ball introduced
House Bill No. 6403, entitled
A bill to authorize the state administrative board to convey certain state owned property in Clinton county; to prescribe conditions for the conveyance; and to provide for disposition of the revenue from the conveyance.
The bill was read a first time by its title and referred to the Committee on Appropriations.
Rep. Virgil Smith introduced
House Bill No. 6404, entitled
A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 1505 (MCL 500.1505).
The bill was read a first time by its title and referred to the Committee on Insurance.
Rep. Farrah introduced
House Bill No. 6405, entitled
A bill to amend 1987 PA 264, entitled “Health and safety fund act,” by amending sections 5 and 8 (MCL 141.475 and 141.478), section 5 as amended by 1998 PA 529.
The bill was read a first time by its title and referred to the Committee on Regulatory Reform.
Reps. Tobocman, Sak, Stahl, Jackson and Rick Jones introduced
House Bill No. 6406, entitled
A bill to amend 2005 PA 210, entitled “Commercial rehabilitation act,” by amending section 10 (MCL 207.850).
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Rep. Donigan introduced
House Bill No. 6407, entitled
A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 3107b (MCL 500.3107b), as added by 1994 PA 438.
The bill was read a first time by its title and referred to the Committee on Health Policy.
Rep. Johnson introduced
House Bill No. 6408, entitled
A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending sections 3107b, 3405, 3475, and 3631 (MCL 500.3107b, 500.3405, 500.3475, and 500.3631), section 3107b as added and sections 3405 and 3631 as amended by 1994 PA 438 and section 3475 as amended by 1984 PA 280.
The bill was read a first time by its title and referred to the Committee on Health Policy.
Rep. Angerer introduced
House Bill No. 6409, entitled
A bill to amend 1980 PA 350, entitled “The nonprofit health care corporation reform act,” by amending sections 502 and 502a (MCL 550.1502 and 550.1502a), section 502 as amended by 2003 PA 59 and section 502a as amended by 1998 PA 446.
The bill was read a first time by its title and referred to the Committee on Health Policy.
Rep. Hune introduced
House Bill No. 6410, entitled
A bill to amend 1984 PA 233, entitled “Prudent purchaser act,” by amending section 3 (MCL 550.53), as amended by 1996 PA 518.
The bill was read a first time by its title and referred to the Committee on Health Policy.
Rep. Gaffney introduced
House Bill No. 6411, entitled
A bill to amend 1969 PA 317, entitled “Worker’s disability compensation act of 1969,” by amending section 315 (MCL 418.315), as amended by 1998 PA 447.
The bill was read a first time by its title and referred to the Committee on Health Policy.
Rep. Gillard introduced
House Bill No. 6412, entitled
A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1279g (MCL 380.1279g), as added by 2004 PA 596.
The bill was read a first time by its title and referred to the Committee on Appropriations.
Rep. Gillard introduced
House Bill No. 6413, entitled
A bill to amend 2006 PA 479, entitled “Michigan promise grant act,” by amending section 2 (MCL 390.1622), as amended by 2007 PA 42.
The bill was read a first time by its title and referred to the Committee on Appropriations.
Announcements by the Clerk
September 3, 2008
Received from the Auditor General a copy of the following audit report and/or report summary:
Performance audit of the Program Investigation Section Processes to Identify Improper Payments, Bureau of Medicaid Financial Management and Administrative Services, Medical Services Administration, Department of Community Health, September 2008.
Richard J. Brown
Clerk of the House
______
Rep. Ebli moved that the House adjourn.
The motion prevailed, the time being 4:30 p.m.
The Speaker Pro Tempore declared the House adjourned until Wednesday, September 10, at 1:30 p.m.
RICHARD J. BROWN
Clerk of the House of Representatives
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