2007-HJ-04-18-036

No. 36

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

94thLegislature

REGULAR SESSION OF 2007

House Chamber, Lansing, Wednesday, April 18, 2007.

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--present 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--excused 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--present

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--present 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--present 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. Lee Gonzales, from the 49th District, offered the following invocation:

"O God...at a time when there are so many issues on which we find it difficult to reach a common basis of agreement, give us insight enough ourselves to discover the deeper meaning of how complex decisions are made in the face of tremendous challenges.

'We live in a time of incredible transition, in the midst of changes so profound we will only be able to fully understand them with hindsight. But that doesn't mean we can't prepare for what lies ahead.'

Please guide us, Lord, as Your servants who can tell strength from power, growth from greed, leadership from dominance,and real greatness from the trappings of grandiosity. Give us the vision, as public servants, to know where leadership for our state truly lies, to pursue it diligently, and to require it to protect the rights for everyone everywhere in Michigan.

This we pray, and please join me in saying...Amen."

______

Rep. Booher moved that Reps. Emmons and Garfield be excused from today's session.

The motion prevailed.

Reports of Standing Committees

The Speaker laid before the House

House Resolution No. 31.

A resolution to memorialize the Congress of the United States to establish a "Marshall Plan" for the United States automotive industry.

(For text of resolution, see House Journal No. 20, p. 221.)

(The resolution was reported by the Committee on Labor on April 12, consideration of which, under the rules, was postponed until April 17.)

The question being on the adoption of the resolution,

The resolution was adopted.

______

Rep. Tobocman moved that House Committees be given leave to meet during the balance of today's session.

The motion prevailed.

By unanimous consent the House returned to the order of

Motions and Resolutions

Reps. Sheltrown, Byrnes, Lindberg, McDowell, Lahti, Miller, Lemmons, Sak, Valentine, Meisner, Ebli, Clemente, Leland, Espinoza, Mayes, Warren, Angerer, LeBlanc, Hopgood, Hammon, Condino and Dean offered the following resolution:

House Resolution No. 67.

A resolution to memorialize the Congress of the United States to divert excess oil company profits to provide incentives for the development of biodiesel and ethanol production facilities and to encourage the use of these fuels in diesel fuel vehicles and flexible fuel vehicles.

Whereas, High gasoline prices will impact all sectors of Michigan's economy. During the past year, the price of regular gasoline has approached, and in certain regions of the state exceeded, $3.00 per gallon. This price is substantially higher than the price of gasoline sold previously in Michigan. These extreme gasoline prices disproportionately impact Michigan's manufacturing, agriculture, and tourism sectors, which are highly dependent on fuels and are negatively affected by soaring fuel costs; and

Whereas, Oil companies reported record increases in their 2005 profits compared to a year earlier. In particular, ExxonMobil reported $36.1 billion in 2005 profits, or 43 percent higher than the previous year, making it the world's largest corporation. Royal Dutch Shell's 2005 profits reached $23 billion, exceeding its 2004 earnings by nearly a third.Exceptional profits were also reported by Chevron, British Petroleum, and ConocoPhillips, the other major international oil companies; and

Whereas, These excessive oil company profits are not simply a historic concern. The most recent financial information available for ExxonMobil indicates that during the second quarter of 2006, its net income rose to $10.4 billion, up about 36 percent from the second quarter of 2005. Other oil company's profits have also followed suit. Royal Dutch Shell's second quarter net income climbed nearly 40 percent to $7.3 billion, British Petroleum's net income rose 30 percent to $7.3 billion, ConocoPhillips' net income jumped 65 percent to a record $5.2 billion, and Chevron's net income increased 18 percent to $4.3 billion; and

Whereas, It is becoming increasingly apparent that alternative fuels must be a critical component of the state's and the nation's energy supply. Access to the world supply of crude oil is very precarious, and gasoline and diesel fuel prices continue to fluctuate; and

Whereas, Biodiesel and ethanol are renewable alternative fuels produced in the United States primarily from soybean and corn crops, which are prominent crops in Michigan's agricultural sector. Advancing the development of biodiesel andethanol by using excess oil company profits will help the United States meet its energy needs, lessen our dependence on foreign oil supplies, and reduce tailpipe emissions that have the potential to harm human health and the environment; now, therefore, be it

Resolved by the House of Representatives, That we memorialize the Congress of the United States to divert excess oil company profits to provide incentives for the development of biodiesel and ethanol production facilities and to encourage the use of these fuels in diesel fuel vehicles and flexible fuel vehicles; 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 Agriculture.

Rep. Coulouris offered the following resolution:

House Resolution No. 68.

A resolution recognizing the month of April 2007 as Financial Literacy for Youth Month in the state of Michigan.

Whereas, The informed use of credit and other financial products and services benefits individual consumers and promotes economic growth; and

Whereas, Financial literacy encourages greater economic self-sufficiency, higher levels of homeownership, and enhanced retirement security, particularly among low- and moderate- income citizens; and

Whereas, The past decade has seen declining personal savings rates, increased bankruptcy filings, and rising percentages of family income devoted to serving household debt; and

Whereas, Only 26 percent of 13- to 21-year-olds reported that their parents actively taught them how to manage money; and

Whereas, A 2002 study by Jump$tart Coalition for Personal Financial Literacy found that high school seniors know evenless about credit cards, retirement funds, insurance, and other personal finance basics than seniors did five years ago; and

Whereas, Personal financial education is essential to ensure that our youths are prepared to manage money, credit, and debt, while also becoming responsible workers, heads of households, investors, entrepreneurs, business leaders, and citizens; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body recognize the month of April 2007 as Financial Literacy for Youth Month in the state of Michigan. This month will raise public awareness about the need for increased financial literacy in our schools and among our children and to urge the awareness of the serious problems that are associated with a lack of understanding about personal finances; and be it further

Resolved, That we call on each parent, school, business, community organization, and unit of government to observe the month with appropriate programs and activities.

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.

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 Wednesday, April 18:

House Bill Nos. 4600 4601 4602 4603 4604 4605

Senate Bill Nos. 390 391 392 393 394 395 396 397 398 399

The Clerk announced that the following Senate bills had been received on Wednesday, April 18:

Senate Bill Nos. 16 59 347 348 350

Reports of Standing Committees

The Committee on Appropriations, by Rep. Cushingberry, Chair, reported

House Concurrent Resolution No. 8.

A concurrent resolution approving a lease between the State of Michigan and the State Building Authority relative to the Department of Management and Budget State Facility Preservation Projects, Phase I, Phase II, Group A, Special Maintenance Roof Repairs (the "Facility").

(For text of concurrent resolution, see House Journal No. 31, p. 411.)

With the recommendation that the concurrent resolution be adopted.

The concurrent resolution was laid over one day under the rules.

Favorable Roll Call

To Report Out:

Yeas: Reps. Cushingberry, Gillard, Bauer, Bennett, Byrnes, Cheeks, Espinoza, Gonzales, Hammel, Hood, Jackson, Lahti, LeBlanc, McDowell, Sak, Alma Smith, Spade, Vagnozzi, Acciavatti, Caswell, Shaffer, Brandenburg, Amos, Booher, Caul, Hansen, Proos, Agema, Moss and Nofs

Nays: None

The Committee on Appropriations, by Rep. Cushingberry, Chair, reported

House Concurrent Resolution No. 9.

A concurrent resolution approving the conveyance of property to the State Building Authority and approving a lease between the State of Michigan and the State Building Authority relative to the Department of Management and Budget State Facility Preservation Phase I, Phase II, Group D, Joint Operations Center.

(For text of concurrent resolution, see House Journal No. 31, p. 412.)

With the recommendation that the concurrent resolution be adopted.

The concurrent resolution was laid over one day under the rules.

Favorable Roll Call

To Report Out:

Nays: None

The Committee on Appropriations, by Rep. Cushingberry, Chair, reported

House Concurrent Resolution No. 10.

A concurrent resolution approving the conveyance of property to the State Building Authority and approving a lease among the State of Michigan, the State Building Authority, and Bay de Noc Community College relative to the Bay deNoc Community College West Campus Facility.

(For text of concurrent resolution, see House Journal No. 31, p. 413.)

With the recommendation that the concurrent resolution be adopted.

The concurrent resolution was laid over one day under the rules.

Favorable Roll Call

To Report Out:

Nays: None

The Committee on Appropriations, by Rep. Cushingberry, Chair, reported

House Concurrent Resolution No. 11.

A concurrent resolution approving the conveyance of property to the State Building Authority and approving a lease among the State of Michigan, the State Building Authority, and Southwestern Michigan College relative to the Southwestern Michigan College Information Technology Center Renovations.

(For text of concurrent resolution, see House Journal No. 31, p. 414.)

With the recommendation that the concurrent resolution be adopted.

The concurrent resolution was laid over one day under the rules.

Favorable Roll Call

To Report Out:

Nays: None

The Committee on Appropriations, by Rep. Cushingberry, Chair, reported

House Concurrent Resolution No. 12.

A concurrent resolution approving the conveyance of property to the State Building Authority and approving a lease among the State of Michigan, the State Building Authority, and Lansing Community College relative to the Lansing Community College University Center.

(For text of concurrent resolution, see House Journal No. 31, p. 415.)

With the recommendation that the concurrent resolution be adopted.

The concurrent resolution was laid over one day under the rules.

Favorable Roll Call

To Report Out:

Nays: None

The Committee on Appropriations, by Rep. Cushingberry, Chair, reported

House Concurrent Resolution No. 13.

A concurrent resolution approving the conveyance of property to the State Building Authority and approving a lease among the State of Michigan, the State Building Authority, and Mid Michigan Community College relative to the MidMichigan Community College Science and Technology Center.

(For text of concurrent resolution, see House Journal No. 31, p. 416.)

With the recommendation that the concurrent resolution be adopted.

The concurrent resolution was laid over one day under the rules.

Favorable Roll Call

To Report Out:

Nays: None

The Committee on Appropriations, by Rep. Cushingberry, Chair, reported

House Concurrent Resolution No. 14.

A concurrent resolution approving the conveyance of property to the State Building Authority and approving a lease among the State of Michigan, the State Building Authority, and Montcalm Community College relative to the Montcalm Community College Life Science Training Facility.

(For text of concurrent resolution, see House Journal No. 31, p. 416.)

With the recommendation that the concurrent resolution be adopted.

The concurrent resolution was laid over one day under the rules.

Favorable Roll Call

To Report Out:

Nays: None

The Committee on Appropriations, by Rep. Cushingberry, Chair, reported

House Concurrent Resolution No. 15.

A concurrent resolution approving the conveyance of property to the State Building Authority and approving a lease among the State of Michigan, the State Building Authority, and Saginaw Valley State University relative to the Saginaw Valley State University Pioneer Hall Renovations.

(For text of concurrent resolution, see House Journal No. 31, p. 417.)

With the recommendation that the concurrent resolution be adopted.

The concurrent resolution was laid over one day under the rules.

Favorable Roll Call

To Report Out:

Nays: None

The Committee on Appropriations, by Rep. Cushingberry, Chair, reported

House Concurrent Resolution No. 16.

A concurrent resolution approving the conveyance of property to the State Building Authority and approving a lease among the State of Michigan, the State Building Authority, and Schoolcraft College relative to the Schoolcraft College Technical Services Facility.

(For text of concurrent resolution, see House Journal No. 31, p. 418.)

With the recommendation that the concurrent resolution be adopted.

The concurrent resolution was laid over one day under the rules.

Favorable Roll Call

To Report Out:

Nays: None

The Committee on Appropriations, by Rep. Cushingberry, Chair, reported

House Concurrent Resolution No. 17.

A concurrent resolution approving the conveyance of property to the State Building Authority and approving a lease among the State of Michigan, the State Building Authority, and Ferris State University relative to the Ferris State University Instructional Resource Center.

(For text of concurrent resolution, see House Journal No. 31, p. 419.)

With the recommendation that the concurrent resolution be adopted.

The concurrent resolution was laid over one day under the rules.

Favorable Roll Call

To Report Out:

Nays: None

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Cushingberry, Chair, of the Committee on Appropriations, was received and read:

Meeting held on: Wednesday, April 18, 2007

Present: Reps. Cushingberry, Gillard, Bauer, Bennett, Byrnes, Cheeks, Espinoza, Gonzales, Hammel, Hood, Jackson, Lahti, LeBlanc, McDowell, Sak, Alma Smith, Spade, Vagnozzi, Acciavatti, Caswell, Shaffer, Brandenburg, Amos, Booher, Caul, Hansen, Proos, Agema, Moss and Nofs

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Accavitti, Chair, of the Committee on Energy and Technology, was received and read:

Meeting held on: Wednesday, April 18, 2007

Present: Reps. Accavitti, Mayes, Angerer, Brown, Clemente, Ebli, Hammon, Hopgood, Lemmons, Lindberg, Melton, Miller, Nofs, Palsrok, Huizenga, Moolenaar, Horn and Opsommer

Absent: Rep. Garfield

Excused: Rep. Garfield

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Condino, Chair, of the Committee on Judiciary, was received and read:

Meeting held on: Wednesday, April 18, 2007

Present: Reps. Condino, Coulouris, Bieda, Corriveau, Meadows, Meisner, Scott, Virgil Smith, Warren, Schuitmaker, Elsenheimer, Stakoe and Rick Jones

Absent: Reps. David Law and Rocca

Excused: Reps. David Law and Rocca

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Clack, Chair, of the Committee on Families and Children's Services, was received and read:

Meeting held on: Wednesday, April 18, 2007

Present: Reps. Clack, Dean, Accavitti, Hammon, Sheen, Stahl and Hoogendyk

Absent: Reps. Wojno and Palmer

Excused: Reps. Wojno and Palmer

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Bieda, Chair, of the Committee on Tax Policy, was received and read:

Meeting held on: Wednesday, April 18, 2007

Present: Reps. Bieda, Condino, Farrah, Robert Jones, Mayes, Meisner, Melton, Warren, Young, Meltzer, Steil, Pastor, Palmer, Wenke and Calley

Absent: Reps. Sheltrown and Sheen

Excused: Reps. Sheltrown and Sheen

Messages from the Senate

Senate Bill No. 16, entitled

A bill to establish the prostate cancer research fund in the department of community health; to provide for the distribution of money from the fund; to prescribe the powers and duties of certain agencies and officials; and to provide for appropriations.

The Senate has passed the bill.

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

Senate Bill No. 59, entitled

A bill to amend 1951 PA 51, entitled "An act to provide for the classification of all public roads, streets, and highways in this state, and for the revision of that classification and for additions to and deletions from each classification; to set up and establish the Michigan transportation fund; to provide for the deposits in the Michigan transportation fund of specific taxes on motor vehicles and motor vehicle fuels; to provide for the allocation of funds from the Michigan transportation fund and the use and administration of the fund for transportation purposes; to set up and establish the truck safety fund; to provide for the allocation of funds from the truck safety fund and administration of the fund for truck safety purposes; to set up and establish the Michigan truck safety commission; to establish certain standards for road contracts for certain businesses; to provide for the continuing review of transportation needs within the state; to authorize the state transportation commission, counties, cities, and villages to borrow money, issue bonds, and make pledges of funds for transportation purposes; to authorize counties to advance funds for the payment of deficiencies necessary for the payment of bonds issued under this act; to provide for the limitations, payment, retirement, and security of the bonds and pledges; to provide for appropriations and tax levies by counties and townships for county roads; to authorize contributions by townships for county roads; to provide for the establishment and administration of the state trunk line fund, local bridge fund, comprehensive transportation fund, and certain other funds; to provide for the deposits in the state trunk line fund, critical bridge fund, comprehensive transportation fund, and certain other funds of money raised by specific taxes and fees; to provide for definitions of public transportation functions and criteria; to define the purposes for which Michigan transportation funds may be allocated; to provide for Michigan transportation fund grants; to provide for review and approval of transportation programs; to provide for submission of annual legislative requests and reports; to provide for the establishment and functions of certain advisory entities; to provide for conditions for grants; to provide for the issuance of bonds and notes for transportation purposes; to provide for the powers and duties of certain state and local agencies and officials; to provide for the making of loans for transportation purposes by the state transportation department and for the receipt and repayment by local units and agencies of those loans from certain specified sources; and to repeal acts and parts of acts," (MCL 247.651 to 247.675) by adding section 9c.

The Senate has passed the bill.

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

Senate Bill No. 347, entitled

A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending sections 437 and 440 (MCL 206.437 and 206.440), section 437 as added by 2005 PA 249 and section 440 as amended by 2005 PA 160, and by adding section 435.

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. 348, entitled

A bill to establish the Amanda's fund for breast cancer research in the department of community health; to provide for the distribution of money from the fund; to prescribe the duties and powers of certain agencies and officials; and to provide for appropriations.

The Senate has passed the bill.

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

Senate Bill No. 350, entitled

A bill to establish the animal welfare fund in the department of agriculture; to provide for the distribution of money from the fund; to prescribe the powers and duties of certain agencies and officials; and to provide for appropriations.

The Senate has passed the bill.

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

Introduction of Bills

Reps. Clemente, Melton, Meadows, Griffin, Spade, Clack, Meisner, Constan and Hammel introduced

House Bill No. 4606, entitled

A bill to amend 1975 PA 228, entitled "Single business tax act," (MCL 208.1 to 208.145) by adding section 33.

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

Reps. Clack, Hammel, Hammon, Vagnozzi, Constan, Miller, Alma Smith, Bauer, Griffin, Robert Jones, Gonzales, Spade, Clemente, LeBlanc, Young, Donigan, Brown, Polidori, Espinoza, Lahti, Lindberg, Tobocman, Shaffer, Proos, Stahl, Jackson, Kathleen Law, Gillard and Johnson introduced

House Bill No. 4607, entitled

A bill to amend 1982 PA 250, entitled "Child abuse and neglect prevention act," (MCL 722.601 to 722.613) by adding section 9a.

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

Reps. Sheltrown, Mayes, Spade, Lindberg, McDowell, Lahti, Meadows, Byrnes, Farrah, Miller, Lemmons, Sak, Valentine, Meisner, Ebli, Leland, Espinoza, Warren, Angerer, Hopgood, Coulouris, Alma Smith, Hammon, Condino, Dean, Gaffney and Cheeks introduced

House Bill No. 4608, entitled

A bill to amend 1984 PA 44, entitled "Motor fuels quality act," by amending section 3 (MCL 290.643), as amended by 2006 PA 271.

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

______

Rep. Moss moved that the House adjourn.

The motion prevailed, the time being 3:20 p.m.

The Speaker Pro Tempore declared the House adjourned until Thursday, April 19, at 12:00 Noon.

RICHARD J. BROWN

Clerk of the House of Representatives