No. 97
STATE OF MICHIGAN
JOURNAL
OF THE
House of Representatives
94thLegislature
REGULAR SESSION OF 2007
House Chamber, Lansing, Wednesday, September 26, 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--excused 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--present
Bieda--present Garfield--present Marleau--present Shaffer--present
Booher--present Gillard--e/d/s Mayes--present Sheen--e/d/s
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--e/d/s 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--e/d/s 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--e/d/s
DeRoche--present Knollenberg--present
e/d/s = entered during session
Rep. Richard J. Ball, from the 85th District, offered the following invocation:
"Dear God, we need Your help and wise counsel to guide us to an equitable solution of the current fiscal crisis.
The task You have given us is to do what is best for the citizens of Michigan. Now we need Your guidance and assistance to lead us through the morass of partisan differences, personal agendas, and reelection concerns to a resolution that best serves our citizens, and starts Michigan on a path to economic strength and stability.
We have not been successful in accomplishing this resolution on our own. We pray and ask for Your infinite wisdom and guidance to touch each of us so we are able to resolve this crisis.
In Your Holy Name we pray. Amen."
______
Rep. Booher moved that Rep. Agema be excused from today's session.
The motion prevailed.
Rep. Elsenheimer moved that Rep. DeRoche be excused temporarily from today's session.
The motion prevailed.
Reports of Standing Committees
The Speaker laid before the House
House Concurrent Resolution No. 30.
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 the Board of Trustees of Western Michigan University relative to the Western Michigan University Brown Hall Renovations/Addition.
(For text of concurrent resolution, see House Journal No. 62, p. 948.)
(The concurrent resolution was reported by the Committee on Appropriations on September 25, consideration of which, under the rules, was postponed until today.)
The question being on the adoption of the concurrent resolution,
The Clerk made the following statement:
"Mr. Speaker and members of the House, the lease and exhibits attached to the resolution are available for review by the membership in the Clerk's office."
The question being on the adoption of the concurrent resolution,
The concurrent resolution was adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 408 Yeas--103
Accavitti Donigan LaJoy Pearce
Acciavatti 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 Garfield Marleau Scott
Booher Gonzales Mayes Shaffer
Brandenburg Green McDowell Sheltrown
Brown Griffin Meadows Simpson
Byrnes Hammel Meekhof Smith, Alma
Byrum Hammon Meisner Smith, Virgil
Calley Hansen Melton Spade
Casperson Hildenbrand Meltzer Stahl
Caswell Hoogendyk Miller Stakoe
Caul Hopgood Moolenaar Steil
Cheeks Horn Moore Tobocman
Clack Huizenga Moss Vagnozzi
Clemente 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
Dillon Lahti Pavlov
Nays--0
In The Chair: Sak
______
Rep. Gillard entered the House Chambers.
The Speaker laid before the House
House Concurrent Resolution No. 31.
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 Macomb Community College relative to the Macomb Community College Health Sciences and Technology Classroom Building.
(For text of concurrent resolution, see House Journal No. 62, p. 949.)
(The concurrent resolution was reported by the Committee on Appropriations on September 25, consideration of which, under the rules, was postponed until today.)
The question being on the adoption of the concurrent resolution,
The Clerk made the following statement:
"Mr. Speaker and members of the House, the lease and exhibits attached to the resolution are available for review by the membership in the Clerk's office."
The question being on the adoption of the concurrent resolution,
The concurrent resolution was adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 409 Yeas--104
Accavitti Donigan Lahti Pavlov
Acciavatti Ebli LaJoy Pearce
Amos Elsenheimer Law, David Polidori
Angerer Emmons Law, Kathleen Proos
Ball Espinoza LeBlanc Robertson
Bauer Farrah Leland Rocca
Bennett Gaffney Lemmons Sak
Bieda Garfield Lindberg Schuitmaker
Booher Gillard Marleau Scott
Brandenburg Gonzales Mayes Shaffer
Brown Green McDowell Sheltrown
Byrnes Griffin Meadows Simpson
Byrum Hammel Meekhof Smith, Alma
Calley Hammon Meisner Smith, Virgil
Casperson Hansen Melton Spade
Caswell Hildenbrand Meltzer Stahl
Caul Hoogendyk Miller Stakoe
Cheeks Hopgood Moolenaar Steil
Clack Horn Moore Tobocman
Clemente Huizenga Moss Vagnozzi
Constan Hune Nitz Valentine
Corriveau Jackson Nofs Walker
Coulouris Johnson Opsommer Ward
Cushingberry Jones, Rick Palmer Warren
Dean Jones, Robert Palsrok Wenke
Dillon Knollenberg Pastor Wojno
Nays--0
In The Chair: Sak
______
Rep. Sheen entered the House Chambers.
The Speaker laid before the House
House Concurrent Resolution No. 32.
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 Macomb Community College relative to the Macomb Community College Emergency Services Training Center.
(For text of concurrent resolution, see House Journal No. 62, p. 950.)
(The concurrent resolution was reported by the Committee on Appropriations on September 25, consideration of which, under the rules, was postponed until today.)
The question being on the adoption of the concurrent resolution,
The Clerk made the following statement:
"Mr. Speaker and members of the House, the lease and exhibits attached to the resolution are available for review by the membership in the Clerk's office."
The question being on the adoption of the concurrent resolution,
The concurrent resolution was adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 410 Yeas--105
Accavitti Ebli LaJoy Pearce
Acciavatti Elsenheimer Law, David Polidori
Amos Emmons Law, Kathleen Proos
Angerer Espinoza LeBlanc Robertson
Ball Farrah Leland Rocca
Bauer Gaffney Lemmons Sak
Bennett Garfield Lindberg Schuitmaker
Bieda Gillard Marleau Scott
Booher Gonzales Mayes Shaffer
Brandenburg Green McDowell Sheen
Brown Griffin Meadows Sheltrown
Byrnes Hammel Meekhof Simpson
Byrum Hammon Meisner Smith, Alma
Calley Hansen Melton Smith, Virgil
Casperson Hildenbrand Meltzer Spade
Caswell Hoogendyk Miller Stahl
Caul Hopgood Moolenaar Stakoe
Cheeks Horn Moore Steil
Clack Huizenga Moss Tobocman
Clemente Hune Nitz Vagnozzi
Constan Jackson Nofs Valentine
Corriveau Johnson Opsommer Walker
Coulouris Jones, Rick Palmer Ward
Cushingberry Jones, Robert Palsrok Warren
Dean Knollenberg Pastor Wenke
Dillon Lahti Pavlov Wojno
Donigan
Nays--0
In The Chair: Sak
______
Rep. Hood entered the House Chambers.
The Speaker laid before the House
House Concurrent Resolution No. 34.
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 Alpena Community College relative to the Alpena Community College Instructional Addition/Renovation.
(For text of concurrent resolution, see House Journal No. 63, p. 968.)
(The concurrent resolution was reported by the Committee on Appropriations on September 25, consideration of which, under the rules, was postponed until today.)
The question being on the adoption of the concurrent resolution,
The Clerk made the following statement:
"Mr. Speaker and members of the House, the lease and exhibits attached to the resolution are available for review by the membership in the Clerk's office."
The question being on the adoption of the concurrent resolution,
The concurrent resolution was adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 411 Yeas--106
Accavitti Ebli LaJoy Pearce
Acciavatti Elsenheimer Law, David Polidori
Amos Emmons Law, Kathleen Proos
Angerer Espinoza LeBlanc Robertson
Ball Farrah Leland Rocca
Bauer Gaffney Lemmons Sak
Bennett Garfield Lindberg Schuitmaker
Bieda Gillard Marleau Scott
Booher Gonzales Mayes Shaffer
Brandenburg Green McDowell Sheen
Brown Griffin Meadows Sheltrown
Byrnes Hammel Meekhof Simpson
Byrum Hammon Meisner Smith, Alma
Calley Hansen Melton Smith, Virgil
Casperson Hildenbrand Meltzer Spade
Caswell Hood Miller Stahl
Caul Hoogendyk Moolenaar Stakoe
Cheeks Hopgood Moore Steil
Clack Horn Moss Tobocman
Clemente Huizenga Nitz Vagnozzi
Constan Hune Nofs Valentine
Corriveau Jackson Opsommer Walker
Coulouris Johnson Palmer Ward
Cushingberry Jones, Rick Palsrok Warren
Dean Jones, Robert Pastor Wenke
Dillon Knollenberg Pavlov Wojno
Donigan Lahti
Nays--0
In The Chair: Sak
______
Reps. Young and Condino entered the House Chambers.
The Speaker laid before the House
House Concurrent Resolution No. 35.
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 E, Special Maintenance Projects (the "Facility").
(For text of concurrent resolution, see House Journal No. 63, p. 969.)
(The concurrent resolution was reported by the Committee on Appropriations on September 25, consideration of which, under the rules, was postponed until today.)
The question being on the adoption of the concurrent resolution,
The Clerk made the following statement:
"Mr. Speaker and members of the House, the lease and exhibits attached to the resolution are available for review by the membership in the Clerk's office."
The question being on the adoption of the concurrent resolution,
The concurrent resolution was adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 412 Yeas--108
Accavitti Donigan Lahti Pearce
Acciavatti Ebli LaJoy Polidori
Amos Elsenheimer Law, David Proos
Angerer Emmons Law, Kathleen Robertson
Ball Espinoza LeBlanc Rocca
Bauer Farrah Leland Sak
Bennett Gaffney Lemmons Schuitmaker
Bieda Garfield Lindberg Scott
Booher Gillard Marleau Shaffer
Brandenburg Gonzales Mayes Sheen
Brown Green McDowell Sheltrown
Byrnes Griffin Meadows Simpson
Byrum Hammel Meekhof Smith, Alma
Calley Hammon Meisner Smith, Virgil
Casperson Hansen Melton Spade
Caswell Hildenbrand Meltzer Stahl
Caul Hood Miller Stakoe
Cheeks Hoogendyk Moolenaar Steil
Clack Hopgood Moore Tobocman
Clemente Horn Moss Vagnozzi
Condino Huizenga Nitz Valentine
Constan Hune Nofs Walker
Corriveau Jackson Opsommer Ward
Coulouris Johnson Palmer Warren
Cushingberry Jones, Rick Palsrok Wenke
Dean Jones, Robert Pastor Wojno
Dillon Knollenberg Pavlov Young
Nays--0
In The Chair: Sak
The Speaker laid before the House
House Concurrent Resolution No. 37.
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 the Regents of the University of Michigan relative to the University of Michigan-Ann Arbor Observatory Lodge Renovations.
(For text of concurrent resolution, see House Journal No. 63, p. 970.)
(The concurrent resolution was reported by the Committee on Appropriations on September 25, consideration of which, under the rules, was postponed until today.)
The question being on the adoption of the concurrent resolution,
The Clerk made the following statement:
"Mr. Speaker and members of the House, the lease and exhibits attached to the resolution are available for review by the membership in the Clerk's office."
The question being on the adoption of the concurrent resolution,
The concurrent resolution was adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 413 Yeas--108
Accavitti Donigan Lahti Pearce
Acciavatti Ebli LaJoy Polidori
Amos Elsenheimer Law, David Proos
Angerer Emmons Law, Kathleen Robertson
Ball Espinoza LeBlanc Rocca
Bauer Farrah Leland Sak
Bennett Gaffney Lemmons Schuitmaker
Bieda Garfield Lindberg Scott
Booher Gillard Marleau Shaffer
Brandenburg Gonzales Mayes Sheen
Brown Green McDowell Sheltrown
Byrnes Griffin Meadows Simpson
Byrum Hammel Meekhof Smith, Alma
Calley Hammon Meisner Smith, Virgil
Casperson Hansen Melton Spade
Caswell Hildenbrand Meltzer Stahl
Caul Hood Miller Stakoe
Cheeks Hoogendyk Moolenaar Steil
Clack Hopgood Moore Tobocman
Clemente Horn Moss Vagnozzi
Condino Huizenga Nitz Valentine
Constan Hune Nofs Walker
Corriveau Jackson Opsommer Ward
Coulouris Johnson Palmer Warren
Cushingberry Jones, Rick Palsrok Wenke
Dean Jones, Robert Pastor Wojno
Dillon Knollenberg Pavlov Young
Nays--0
In The Chair: Sak
The Speaker laid before the House
House Concurrent Resolution No. 44.
A concurrent resolution to approve 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 Information Technology Michigan Public Safety Communication System Critical Platform Upgrades.
(For text of concurrent resolution, see House Journal No. 81, p. 1349.)
(The concurrent resolution was reported by the Committee on Appropriations on September 25, consideration of which, under the rules, was postponed until today.)
The question being on the adoption of the concurrent resolution,
The Clerk made the following statement:
"Mr. Speaker and members of the House, the lease and exhibits attached to the resolution are available for review by the membership in the Clerk's office."
The question being on the adoption of the concurrent resolution,
The concurrent resolution was adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 414 Yeas--109
Accavitti Donigan Lahti Pearce
Acciavatti Ebli LaJoy Polidori
Amos Elsenheimer Law, David Proos
Angerer Emmons Law, Kathleen Robertson
Ball Espinoza LeBlanc Rocca
Bauer Farrah Leland Sak
Bennett Gaffney Lemmons Schuitmaker
Bieda Garfield Lindberg Scott
Booher Gillard Marleau Shaffer
Brandenburg Gonzales Mayes Sheen
Brown Green McDowell Sheltrown
Byrnes Griffin Meadows Simpson
Byrum Hammel Meekhof Smith, Alma
Calley Hammon Meisner Smith, Virgil
Casperson Hansen Melton Spade
Caswell Hildenbrand Meltzer Stahl
Caul Hood Miller Stakoe
Cheeks Hoogendyk Moolenaar Steil
Clack Hopgood Moore Tobocman
Clemente Horn Moss Vagnozzi
Condino Huizenga Nitz Valentine
Constan Hune Nofs Walker
Corriveau Jackson Opsommer Ward
Coulouris Johnson Palmer Warren
Cushingberry Jones, Rick Palsrok Wenke
Dean Jones, Robert Pastor Wojno
DeRoche Knollenberg Pavlov Young
Dillon
Nays--0
In The Chair: Sak
The Speaker laid before the House
House Concurrent Resolution No. 45.
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 Capitol Complex Renovations.
(For text of concurrent resolution, see House Journal No. 81, p. 1351.)
(The concurrent resolution was reported by the Committee on Appropriations on September 25, consideration of which, under the rules, was postponed until today.)
The question being on the adoption of the concurrent resolution,
The Clerk made the following statement:
"Mr. Speaker and members of the House, the lease and exhibits attached to the resolution are available for review by the membership in the Clerk's office."
The question being on the adoption of the concurrent resolution,
The concurrent resolution was adopted, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 415 Yeas--109
Accavitti Donigan Lahti Pearce
Acciavatti Ebli LaJoy Polidori
Amos Elsenheimer Law, David Proos
Angerer Emmons Law, Kathleen Robertson
Ball Espinoza LeBlanc Rocca
Bauer Farrah Leland Sak
Bennett Gaffney Lemmons Schuitmaker
Bieda Garfield Lindberg Scott
Booher Gillard Marleau Shaffer
Brandenburg Gonzales Mayes Sheen
Brown Green McDowell Sheltrown
Byrnes Griffin Meadows Simpson
Byrum Hammel Meekhof Smith, Alma
Calley Hammon Meisner Smith, Virgil
Casperson Hansen Melton Spade
Caswell Hildenbrand Meltzer Stahl
Caul Hood Miller Stakoe
Cheeks Hoogendyk Moolenaar Steil
Clack Hopgood Moore Tobocman
Clemente Horn Moss Vagnozzi
Condino Huizenga Nitz Valentine
Constan Hune Nofs Walker
Corriveau Jackson Opsommer Ward
Coulouris Johnson Palmer Warren
Cushingberry Jones, Rick Palsrok Wenke
Dean Jones, Robert Pastor Wojno
DeRoche Knollenberg Pavlov Young
Dillon
Nays--0
In The Chair: Sak
The Speaker laid before the House
House Concurrent Resolution No. 46.
A concurrent resolution to revise the total project cost of the Health Program Expansion and Information Commons project at Jackson Community College.
(For text of concurrent resolution, see House Journal No. 81, p. 1352.)
(The concurrent resolution was reported by the Committee on Appropriations on September 25, consideration of which, under the rules, was postponed until today.)
The question being on the adoption of the concurrent resolution,
The concurrent resolution was adopted, a majority of the members present voting therefor, by yeas and nays, as follows:
Roll Call No. 416 Yeas--109
Accavitti Donigan Lahti Pearce
Acciavatti Ebli LaJoy Polidori
Amos Elsenheimer Law, David Proos
Angerer Emmons Law, Kathleen Robertson
Ball Espinoza LeBlanc Rocca
Bauer Farrah Leland Sak
Bennett Gaffney Lemmons Schuitmaker
Bieda Garfield Lindberg Scott
Booher Gillard Marleau Shaffer
Brandenburg Gonzales Mayes Sheen
Brown Green McDowell Sheltrown
Byrnes Griffin Meadows Simpson
Byrum Hammel Meekhof Smith, Alma
Calley Hammon Meisner Smith, Virgil
Casperson Hansen Melton Spade
Caswell Hildenbrand Meltzer Stahl
Caul Hood Miller Stakoe
Cheeks Hoogendyk Moolenaar Steil
Clack Hopgood Moore Tobocman
Clemente Horn Moss Vagnozzi
Condino Huizenga Nitz Valentine
Constan Hune Nofs Walker
Corriveau Jackson Opsommer Ward
Coulouris Johnson Palmer Warren
Cushingberry Jones, Rick Palsrok Wenke
Dean Jones, Robert Pastor Wojno
DeRoche Knollenberg Pavlov Young
Dillon
Nays--0
In The Chair: Sak
By unanimous consent the House returned to the order of
Motions and Resolutions
House Resolution No. 183.
A resolution to memorialize the Congress of the United States to continue exempting returning workers allowed into this country under the H2B visa program by passing H.R. 1843 and to urge that Congress not enact legislation granting amnesty to illegal aliens.
(For text of resolution, see House Journal No. 86, p. 1443.)
(The resolution was adopted on September 25, see House Journal No. 96, p. 1561.)
Rep. Tobocman moved to reconsider the vote by which the House adopted the resolution.
The motion prevailed, a majority of the members serving voting therefor.
The question being on the adoption of the resolution,
Rep. Tobocman moved that consideration of the resolution be postponed temporarily.
The motion prevailed.
Reps. Lemmons, Brown, Byrnes, Cheeks, Clemente, Constan, Cushingberry, Dean, Donigan, Farrah, Gonzales, Hammel, Hopgood, Johnson, Robert Jones, Leland, Marleau, Sak, Tobocman, Vagnozzi, Valentine and Warren offered the following resolution:
House Resolution No. 190.
A resolution to memorialize the Congress of the United States to create the Homeowners and Bank Protection Act.
Whereas, The onrushing financial crisis engulfing home mortgages and the banking system of the United States threatens to set off an economic depression. Millions of American citizens are threatened with foreclosure and loss of their homes due to a financial crisis that threatens the integrity of both state and federally chartered banks. Such a banking collapse would wipe out the life savings of American citizens and undermine the economic stability of our nation; and
Whereas, The Congress of the United States should move quickly to keep people in their homes and avert economic catastrophe. Congress should establish a federal agency to place the federal and state chartered banks under protection, freeze all existing home mortgages for a period of months to adjust the values to fair prices, and restructure existing mortgages at appropriate interest rates. Also, the Congress should write off all speculative debt obligations of mortgage-backed securities and other schemes that have brought the banking system to the point of bankruptcy; and
Whereas, During the transitional period, all foreclosures should be frozen, allowing American families to retain their homes. Monthly payments, the equivalent of rental payments, should be made to designated banks, which can use the funds as collateral for normal lending practices, thus recapitalizing the banking system. These payments will be factored into new mortgages, reflecting the deflating of the housing bubble and the establishment of appropriate property valuations and reduced interest rates; and
Whereas, State governments should assume the administrative responsibilities for implementing the program, including the rental assessments to designated banks. The federal government should provide the necessary credits and guarantees to assure the successful transition; now, therefore, be it
Resolved by the House of Representatives, That we memorialize the Congress of the United States to create the Homeowners and Bank Protection Act; 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 Banking and Financial Services.
Reps. Robert Jones, Ball, Bauer, Bieda, Brown, Byrnes, Cheeks, Condino, Constan, Cushingberry, Dean, Donigan, Farrah, Gonzales, Green, Griffin, Hammel, Hammon, Hopgood, Johnson, LeBlanc, Leland, Lemmons, Marleau, Mayes, McDowell, Meadows, Miller, Pearce, Polidori, Proos, Sak, Schuitmaker, Shaffer, Alma Smith, Spade, Stahl, Tobocman, Vagnozzi, Valentine and Warren offered the following resolution:
House Resolution No. 191.
A resolution declaring November 4-10, 2007, as Michigan Long-Term Care Awareness Week in the state of Michigan.
Whereas, The U.S. Department of Health and Human Services has reported that 60 percent of Michigan residents over the age of 65 will need long-term care services at some point, with more than 40 percent of this group requiring nursing home care and another 30 percent in-home assistance; and
Whereas, The U. S. Census Bureau has projected that the population of Michigan residents age 65 and older will increase by nearly 70 percent to more than 2 million by 2030; and
Whereas, In 2006, the average annual cost of care in Michigan for nursing home services was $70,445, over $32,500 for assisted living and $18 per hour for non-skilled, in-home aid with all three continuing to increase at a rate outpacing the Consumer Price Index; and
Whereas, The American Association of Long-Term Care Insurance estimates that, by 2020, the cost for today's 60year old will be in the $80,000 to $120,000 range for a single year of care in a nursing home or assisted living facility, which would entirely or nearly deplete the financial assets of most in just a year or two; and
Whereas, A 2006 AARP study indicated that most Americans, age 45 or over, were less informed than they thought regarding long term care, which was evidenced by the less than eight percent of them who could estimate the cost for nursing home care to within +/- 20 percent of its national average and the nearly 60 percent who believed that Medicare would cover the costs for an extended nursing home stay when it usually doesn't; and
Whereas, The Governor's Office and the AARP have noted that low levels of consumer awareness and many common misperceptions regarding the most essential long term care issues significantly contributed to the very apparent lack of planning and financial preparedness on the part of a significant majority of Michigan and U.S. residents aged45 and over; and
Whereas, Almost all long term care experts are predicting that the next 10 to 30 years will see even sharper increases in the demand for services and its associated costs, it has become contingent on Michigan citizens to recognize this critical situation and, with the assistance and cooperation of state and federal government and businesses of all sizes, they will begin to take the appropriate steps to ensure that their individual and family long term care needs can be met, which will improve the odds that their latter years can be "golden years"; now, therefore, be it
Resolved by the House of Representatives, That the members of this legislative body declare November 4-10, 2007, as Michigan Long-Term Care Awareness Week in the state of Michigan. We encourage every citizen to take the steps necessary to ensure a caring, worry-free future for themselves and their loved ones.
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, September 26:
House Bill Nos. 5262 5263 5264 5265 5266 5267
Senate Bill Nos. 816 817
The Clerk announced that the following Senate bills had been received on Wednesday, September 26:
Senate Bill Nos. 593 794
Messages from the Senate
House Bill No. 4849, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 8317 (MCL 324.8317), as amended by 2003 PA 82; and to repeal acts and parts of acts.
The Senate has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The House agreed to the full title.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 4860, entitled
A bill to amend 1969 PA 287, entitled "An act to regulate pet shops, animal control shelters, and animal protection shelters; to establish uniform procedures and minimum requirements for adoption of dogs, cats, and ferrets; and to prescribe penalties and civil fines and to provide remedies," by amending sections 4 and 9b (MCL 287.334 and 287.339b), section 4 as amended by 2004 PA 280 and section 9b as added by 1997 PA 7.
The Senate has passed the bill and ordered that it be given immediate effect.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 4861, entitled
A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending section 321 (MCL 600.321), as amended by 2005 PA 326.
The Senate has passed the bill, ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The House agreed to the full title.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 4863, entitled
A bill to amend 1974 PA 93, entitled "An act to license and regulate horse riding stables and sales barns; to prescribe the duties of the department of agriculture; and to provide a penalty," by amending section 3 (MCL 287.113), as amended by 2003 PA 86.
The Senate has passed the bill and ordered that it be given immediate effect.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 4864, entitled
A bill to amend 1937 PA 284, entitled "An act to prevent the spread of infectious and contagious diseases of livestock; to require persons, associations, partnerships and corporations engaged in the buying, receiving, selling, transporting, exchanging, negotiating, or soliciting sale, resale, exchange or transportation of livestock to be licensed and bonded by the department of agriculture; to keep a producers' proceeds account; to provide for the refusal, suspension or revocation of such licenses; to provide for weighmasters; to provide for the inspection and disinfection of yards, premises and vehicles; and to provide penalties for the violation of this act," by amending section 3 (MCL 287.123), as amended by 2004 PA 279.
The Senate has passed the bill and ordered that it be given immediate effect.
The bill was referred to the Clerk for enrollment printing and presentation to the Governor.
House Bill No. 4185, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending section 20161 (MCL 333.20161), as amended by 2007 PA 5.
The Senate has substituted (S-1) the bill.
The Senate has passed the bill as substituted (S-1), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The Speaker announced that pursuant to Rule 42, the bill was laid over one day.
House Bill No. 4862, entitled
A bill to amend 1931 PA 189, entitled "The insect pest and plant disease act," by amending the title and sections 6, 9, and 11 (MCL 286.206, 286.209, and 286.211), the title as amended by 2005 PA 53, section 6 as amended by 1995 PA137, section 9 as amended by 2004 PA 273, and section 11 as amended by 1984 PA 88.
The Senate has substituted (S-1) the bill.
The Senate has passed the bill as substituted (S-1), ordered that it be given immediate effect and pursuant to Joint Rule 20, inserted the full title.
The Speaker announced that pursuant to Rule 42, the bill was laid over one day.
Senate Bill No. 593, entitled
A bill to amend 1978 PA 368, entitled "Public health code," by amending the heading or part 131 and sections 13101 and 13102 (MCL 333.13101 and 333.13102), as added by 1996 PA 223, and by adding sections 13104, 13105, 13106, 13107, 13108, 13109, 13110, and 13111.
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. 794, entitled
A bill to amend 1987 PA 231, entitled "An act to create a transportation economic development fund in the state treasury; to prescribe the uses of and distributions from this fund; to create the office of economic development and to prescribe its powers and duties; to prescribe the powers and duties of the state transportation department, state transportation commission, and certain other bodies; and to permit the issuance of certain bonds," by amending section11 (MCL 247.911), as amended by 1993 PA 149.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Appropriations.
By unanimous consent the House returned to the order of
Motions and Resolutions
Rep. Tobocman moved that the Committee on Appropriations be discharged from further consideration of Senate Bill No. 374.
(For first notice see House Journal No. 96, p. 1573.)
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.
Second Reading of Bills
Senate Bill No. 374, entitled
A bill to amend 1939 PA 280, entitled "The social welfare act," (MCL 400.1 to 400.119b) by adding sections 112g, 112h, 112i, 112j, and 112k.
The bill was read a second time.
Rep. Cushingberry moved to substitute (H-2) the bill.
The motion prevailed and the substitute (H-2) was adopted, a majority of the members serving voting therefor.
Rep. Cushingberry moved to amend the bill as follows:
1. Amend page 6, line 5, after "EXCEPT" by striking out the balance of the subsection and inserting "ASSETS OTHERWISE SUBJECT TO CLAIMS UNDER SECTION 3805(3) OF THE ESTATES AND PROTECTED INDIVIDUALS CODE, 1998 PA 386, MCL 700.3805 ARE NOT PART OF THE ESTATE.".
The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.
Rep. Tobocman 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
Senate Bill No. 374, entitled
A bill to amend 1939 PA 280, entitled "The social welfare act," (MCL 400.1 to 400.119b) by adding sections 112g, 112h, 112i, 112j, and 112k.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 417 Yeas--57
Angerer Dillon Jackson Polidori
Ball Donigan Johnson Schuitmaker
Bauer Elsenheimer Jones, Robert Scott
Bennett Espinoza Lahti Sheen
Brandenburg Farrah Law, Kathleen Smith, Alma
Byrnes Gaffney Leland Smith, Virgil
Calley Gonzales Lemmons Steil
Cheeks Green Lindberg Tobocman
Clack Hammel McDowell Valentine
Clemente Hammon Meadows Walker
Condino Hildenbrand Meisner Ward
Constan Hood Melton Warren
Coulouris Hopgood Palsrok Wenke
Cushingberry Huizenga Pearce Young
DeRoche
Nays--52
Accavitti Emmons Marleau Pavlov
Acciavatti Garfield Mayes Proos
Amos Gillard Meekhof Robertson
Bieda Griffin Meltzer Rocca
Booher Hansen Miller Sak
Brown Hoogendyk Moolenaar Shaffer
Byrum Horn Moore Sheltrown
Casperson Hune Moss Simpson
Caswell Jones, Rick Nitz Spade
Caul Knollenberg Nofs Stahl
Corriveau LaJoy Opsommer Stakoe
Dean Law, David Palmer Vagnozzi
Ebli LeBlanc Pastor Wojno
In The Chair: Sak
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
"An act to protect the welfare of the people of this state; to provide general assistance, hospitalization, infirmary and medical care to poor or unfortunate persons; to provide for compliance by this state with the social security act; to provide protection, welfare and services to aged persons, dependent children, the blind, and the permanently and totally disabled; to administer programs and services for the prevention and treatment of delinquency, dependency and neglect of children; to create a state department of social services; to prescribe the powers and duties of the department; to provide for the interstate and intercounty transfer of dependents; to create county and district departments of social services; to create within certain county departments, bureaus of social aid and certain divisions and offices thereunder; to prescribe the powers and duties of the departments, bureaus and officers; to provide for appeals in certain cases; to prescribe the powers and duties of the state department with respect to county and district departments; to prescribe certain duties of certain other state departments, officers, and agencies; to make an appropriation; to prescribe penalties for the violation of the provisions of this act; and to repeal certain parts of this act on specific dates,"
The House agreed to the full title.
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 Appropriations be discharged from further consideration of Senate Bill No. 204.
(For first notice see House Journal No. 96, p. 1573.)
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.
Second Reading of Bills
Senate Bill No. 204, entitled
A bill to amend 1998 PA 386, entitled "Estates and protected individuals code," by amending section 3805 (MCL 700.3805), as amended by 2000 PA 177.
The bill was read a second time.
Rep. Tobocman 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
Senate Bill No. 204, entitled
A bill to amend 1998 PA 386, entitled "Estates and protected individuals code," by amending section 3805 (MCL 700.3805), as amended by 2000 PA 177.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 418 Yeas--58
Angerer Dillon Jackson Polidori
Ball Donigan Johnson Schuitmaker
Bauer Elsenheimer Jones, Robert Scott
Bennett Espinoza Lahti Sheen
Brandenburg Farrah Law, Kathleen Smith, Alma
Byrnes Gaffney Leland Smith, Virgil
Calley Gonzales Lemmons Steil
Cheeks Green Lindberg Tobocman
Clack Griffin McDowell Valentine
Clemente Hammel Meadows Walker
Condino Hammon Meisner Ward
Constan Hildenbrand Melton Warren
Coulouris Hood Palsrok Wenke
Cushingberry Hopgood Pearce Young
DeRoche Huizenga
Nays--51
Accavitti Emmons Mayes Proos
Acciavatti Garfield Meekhof Robertson
Amos Gillard Meltzer Rocca
Bieda Hansen Miller Sak
Booher Hoogendyk Moolenaar Shaffer
Brown Horn Moore Sheltrown
Byrum Hune Moss Simpson
Casperson Jones, Rick Nitz Spade
Caswell Knollenberg Nofs Stahl
Caul LaJoy Opsommer Stakoe
Corriveau Law, David Palmer Vagnozzi
Dean LeBlanc Pastor Wojno
Ebli Marleau Pavlov
In The Chair: Sak
Pursuant to Joint Rule 20, the full title of the act shall be inserted to read as follows:
"An act to codify, revise, consolidate, and classify aspects of the law relating to wills and intestacy, relating to the administration and distribution of estates of certain individuals, relating to trusts, and relating to the affairs of certain individuals under legal incapacity; to provide for the powers and procedures of the court that has jurisdiction over these matters; to provide for the validity and effect of certain transfers, contracts, and deposits that relate to death; to provide procedures to facilitate enforcement of certain trusts; and to repeal acts and parts of acts,"
The House agreed to the full title.
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. Elsenheimer moved that the Committee on Appropriations be discharged from further consideration of Senate Bill No. 772.
(For first notice see House Journal No. 96, p. 1573.)
The question being on the motion made by Rep. Elsenheimer,
Rep. Elsenheimer demanded the yeas and nays.
The demand was supported.
The question being on the motion made by Rep. Elsenheimer,
The motion prevailed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 419 Yeas--108
Accavitti Dillon Lahti Pearce
Acciavatti Donigan LaJoy Polidori
Amos Ebli Law, David Proos
Angerer Elsenheimer Law, Kathleen Robertson
Ball Emmons LeBlanc Rocca
Bauer Espinoza Leland Sak
Bennett Farrah Lemmons Schuitmaker
Bieda Gaffney Lindberg Scott
Booher Garfield Marleau Shaffer
Brandenburg Gonzales Mayes Sheen
Brown Green McDowell Sheltrown
Byrnes Griffin Meadows Simpson
Byrum Hammel Meekhof Smith, Alma
Calley Hammon Meisner Smith, Virgil
Casperson Hansen Melton Spade
Caswell Hildenbrand Meltzer Stahl
Caul Hood Miller Stakoe
Cheeks Hoogendyk Moolenaar Steil
Clack Hopgood Moore Tobocman
Clemente Horn Moss Vagnozzi
Condino Huizenga Nitz Valentine
Constan Hune Nofs Walker
Corriveau Jackson Opsommer Ward
Coulouris Johnson Palmer Warren
Cushingberry Jones, Rick Palsrok Wenke
Dean Jones, Robert Pastor Wojno
DeRoche Knollenberg Pavlov Young
Nays--1
Gillard
In The Chair: Sak
The bill was placed on the order of Second Reading of Bills.
Rep. Elsenheimer moved that the Committee on Appropriations be discharged from further consideration of Senate Bill No. 773.
(For first notice see House Journal No. 96, p. 1573.)
The question being on the motion made by Rep. Elsenheimer,
Rep. Elsenheimer demanded the yeas and nays.
The demand was supported.
The question being on the motion made by Rep. Elsenheimer,
The motion prevailed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 420 Yeas--108
Accavitti Dillon Lahti Pearce
Acciavatti Donigan LaJoy Polidori
Amos Ebli Law, David Proos
Angerer Elsenheimer Law, Kathleen Robertson
Ball Emmons LeBlanc Rocca
Bauer Espinoza Leland Sak
Bennett Farrah Lemmons Schuitmaker
Bieda Gaffney Lindberg Scott
Booher Garfield Marleau Shaffer
Brandenburg Gonzales Mayes Sheen
Brown Green McDowell Sheltrown
Byrnes Griffin Meadows Simpson
Byrum Hammel Meekhof Smith, Alma
Calley Hammon Meisner Smith, Virgil
Casperson Hansen Melton Spade
Caswell Hildenbrand Meltzer Stahl
Caul Hood Miller Stakoe
Cheeks Hoogendyk Moolenaar Steil
Clack Hopgood Moore Tobocman
Clemente Horn Moss Vagnozzi
Condino Huizenga Nitz Valentine
Constan Hune Nofs Walker
Corriveau Jackson Opsommer Ward
Coulouris Johnson Palmer Warren
Cushingberry Jones, Rick Palsrok Wenke
Dean Jones, Robert Pastor Wojno
DeRoche Knollenberg Pavlov Young
Nays--1
Gillard
In The Chair: Sak
The bill was placed on the order of Second Reading of Bills.
Rep. Calley moved that the Committee on Tax Policy be discharged from further consideration of Senate Bill No. 687.
(For first notice see House Journal No. 96, p. 1573.)
The question being on the motion made by Rep. Calley,
Rep. Calley demanded the yeas and nays.
The demand was supported.
The question being on the motion made by Rep. Calley,
The motion prevailed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 421 Yeas--109
Accavitti Donigan Lahti Pearce
Acciavatti Ebli LaJoy Polidori
Amos Elsenheimer Law, David Proos
Angerer Emmons Law, Kathleen Robertson
Ball Espinoza LeBlanc Rocca
Bauer Farrah Leland Sak
Bennett Gaffney Lemmons Schuitmaker
Bieda Garfield Lindberg Scott
Booher Gillard Marleau Shaffer
Brandenburg Gonzales Mayes Sheen
Brown Green McDowell Sheltrown
Byrnes Griffin Meadows Simpson
Byrum Hammel Meekhof Smith, Alma
Calley Hammon Meisner Smith, Virgil
Casperson Hansen Melton Spade
Caswell Hildenbrand Meltzer Stahl
Caul Hood Miller Stakoe
Cheeks Hoogendyk Moolenaar Steil
Clack Hopgood Moore Tobocman
Clemente Horn Moss Vagnozzi
Condino Huizenga Nitz Valentine
Constan Hune Nofs Walker
Corriveau Jackson Opsommer Ward
Coulouris Johnson Palmer Warren
Cushingberry Jones, Rick Palsrok Wenke
Dean Jones, Robert Pastor Wojno
DeRoche Knollenberg Pavlov Young
Dillon
Nays--0
In The Chair: Sak
The bill was placed on the order of Second Reading of Bills
Notices
I hereby give notice that on the next legislative session day I will move to discharge the Committee on Agriculture from further consideration of House Bill No. 4025.
Rep. Tobocman
I hereby give notice that on the next legislative session day I will move to discharge the Committee on Oversight and Investigations from further consideration of House Bill No. 4542.
Rep. Tobocman
I hereby give notice that on the next legislative session day I will move to discharge the Committee on Government Operations from further consideration of House Bill No. 4600.
Rep. Tobocman
I hereby give notice that on the next legislative session day I will move to discharge the Committee on Government Operations from further consideration of House Bill No. 4601.
Rep. Tobocman
I hereby give notice that on the next legislative session day I will move to discharge the Committee on Education from further consideration of House Bill No. 4797.
Rep. Tobocman
I hereby give notice that on the next legislative session day I will move to discharge the Committee on Education from further consideration of House Bill No. 4798.
Rep. Tobocman
I hereby give notice that on the next legislative session day I will move to discharge the Committee on Oversight and Investigations from further consideration of House Bill No. 4975.
Rep. Tobocman
I hereby give notice that on the next legislative session day I will move to discharge the Committee on Oversight and Investigations from further consideration of House Bill No. 4976.
Rep. Tobocman
I hereby give notice that on the next legislative session day I will move to discharge the Committee on Military and Veterans Affairs and Homeland Security from further consideration of House Bill No. 4977.
Rep. Tobocman
I hereby give notice that on the next legislative session day I will move to discharge the Committee on Government Operations from further consideration of House Bill No. 5005.
Rep. Tobocman
I hereby give notice that on the next legislative session day I will move to discharge the Committee on Government Operations from further consideration of House Bill No. 5006.
Rep. Tobocman
I hereby give notice that on the next legislative session day I will move to discharge the Committee on Education from further consideration of House Bill No. 5167.
Rep. Tobocman
I hereby give notice that on the next legislative session day I will move to discharge the Committee on Education from further consideration of Senate Bill No. 546.
Rep. Tobocman
I hereby give notice that on the next legislative session day I will move to discharge the Committee on Education from further consideration of Senate Bill No. 547.
Rep. Tobocman
I hereby give notice that on the next legislative session day I will move to discharge the Committee on Oversight and Investigations from further consideration of House Bill No. 4827.
Rep. Tobocman
______
Rep. Caul moved that the House adjourn.
The motion prevailed, the time being 8:50 p.m.
The Speaker Pro Tempore declared the House adjourned until Thursday, September 27, at 12:00 Noon.
RICHARD J. BROWN
Clerk of the House of Representatives