2007-HJ-11-06-119.htm

No. 119

STATE OF MICHIGAN

JOURNAL

OF THE

House of Representatives

94thLegislature

REGULAR SESSION OF 2007

House Chamber, Lansing, Tuesday, November 6, 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--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--present Mayes--present Sheen--present

Brandenburg--present Gonzales--present McDowell--present Sheltrown--present

Brown--present Green--present Meadows--present Simpson--present

Byrnes--excused 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--excused 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. Tom Pearce, from the 73rd District, offered the following invocation:

"In preparation for the prayer I need to share just a quick story. I had the privilege of hearing a great teacher of God's word, before he passed away. His name was Ron Benson. Ron spent much of his life in the hospital due to frailty. He talked about there are warm places in the hospital and there are cold places in the hospital. One of the warmest places he identified was the night nursing staff. I'll never forget the words that he shared. He said 'you can be hurting and you would push a button and they'd come in and they would clean you where you were dirty, bind you where you were wounded and touch you where you hurt and then fluff the pillow beneath your head and lay you back down and say "now try to get some rest but if you need me, just call."'

Father, may we as Your servants today understand that the role in our lives as individuals is to see the people You put in our path and be willing to clean them where they are dirty, to bind them where they are wounded, to touch them where they hurt and to be ready to do it all over again. We thank You for Your willingness to come and heal our hearts. Lord, today may we reach out to others as You have reached out to us. In Jesus' name, Amen."

______

Rep. Tobocman moved that Reps. Byrnes and Jackson be excused from today's session.

The motion prevailed.

Third Reading of Bills

Senate Bill No. 79, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 223 (MCL 257.223).

(The bill was returned in accordance with the request of the House, Rule 63 suspended, passage reconsidered and bill postponed for the day on October 30, see House Journal No. 116, p. 2100.)

The question being on the passage of the bill,

Rep. Tobocman moved to reconsider the vote by which the House placed the bill on the order of Third Reading of Bills.

The motion prevailed, a majority of the members serving voting therefor.

Second Reading of Bills

Senate Bill No. 79, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 223 (MCL 257.223).

Rep. Tobocman moved that Rule 63 be suspended.

The motion prevailed, 3/5 of the members present voting therefor.

Rep. Tobocman moved to reconsider the vote by which the House adopted the amendment offered previously by Rep. LeBlanc.

The motion prevailed, a majority of the members serving voting therefor.

The question being on the adoption of the amendment offered previously by Rep. LeBlanc,

The amendment was not adopted, a majority of the members serving not 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. 79, entitled

A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 223 (MCL 257.223).

Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 517 Yeas--108

Accavitti Dillon Lahti Pearce

Acciavatti Donigan LaJoy Polidori

Agema Ebli Law, David Proos

Amos Elsenheimer Law, Kathleen Robertson

Angerer Emmons LeBlanc Rocca

Ball Espinoza Leland Sak

Bauer Farrah Lemmons Schuitmaker

Bennett Gaffney Lindberg Scott

Bieda Garfield Marleau Shaffer

Booher Gillard Mayes Sheen

Brandenburg Gonzales McDowell Sheltrown

Brown Green Meadows Simpson

Byrum Griffin Meekhof Smith, Alma

Calley Hammel Meisner Smith, Virgil

Casperson Hammon Melton Spade

Caswell Hansen Meltzer Stahl

Caul Hildenbrand Miller Stakoe

Cheeks Hood Moolenaar Steil

Clack Hoogendyk Moore Tobocman

Clemente Hopgood Moss Vagnozzi

Condino Horn Nitz Valentine

Constan Huizenga Nofs Walker

Corriveau Hune Opsommer Ward

Coulouris Johnson Palmer Warren

Cushingberry Jones, Rick Palsrok Wenke

Dean Jones, Robert Pastor Wojno

DeRoche Knollenberg Pavlov Young

Nays--0

In The Chair: Sak

Messages from the Governor

The following line item veto message from the Governor was received and read:

Executive Office, Lansing, October 31, 2007

Michigan House

State Capitol Building

Lansing, MI 48933

Ladies and Gentlemen:

Today I have signed Enrolled House Bill 4354, which provides $289.2 million to support the fiscal year 2008 operations of the Department of Natural Resources. I am, however, returning it to you because of one item of which I disapprove, pursuant to Article V, section 19, of the Michigan Constitution. The specific veto is contained in the attached copy of the bill, which has been filed with the Secretary of State.

My action today completes the fiscal year 2008 budget for the Department of Natural Resources and provides funding for a wide variety of recreational and conservation activities available to the public, including over $60 million for parks and recreation and nearly $40 million for management of forests. In addition, this bill provides over $14million in support of the payments in lieu of taxes program.

My action today vetoes one item with which I do not concur. I have vetoed section 802, which appropriates general fund resources for support of the cooperative resources management initiative program in the Department of Agriculture. I cannot support use of general fund for this discretionary program during these tough fiscal times.

This bill supports the essential operations of the Department of Natural Resources and I thank the Legislature for its cooperation in finalizing the fiscal year 2008 budget.

Sincerely,

Jennifer M. Granholm

Governor

This bill was signed by the Governor October 31, 2007, at 4:35 p.m.

This bill was filed with the Secretary of State October 31, 2007, at 10:23 p.m. and assigned Public Act No. 122, I.E.

The question being on the passage of the disapproved item, 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.

The following line item veto message from the Governor was received and read:

Executive Office, Lansing, October 31, 2007

Michigan House

State Capitol Building

Lansing, MI 48933

Ladies and Gentlemen:

Today I have signed Enrolled House Bill 4358, which provides $370.8 million to support the fiscal year 2008 operations of the Department of Environmental Quality. I am, however, returning it to you because of one item of which I disapprove, pursuant to Article V, section 19, of the Michigan Constitution. The specific veto is contained in the attached copy of the bill, which has been filed with the Secretary of State.

I have vetoed section 1103, which earmarks $250,000 for a real-time water quality monitoring grant for the St. Clair watershed. While I support real-time water quality monitoring, significant state resources have been appropriated in prior years for this purpose. The local units of government have agreed to use the unspent balance of fiscal year 2007 dollars to develop a local sustainable funding plan for real-time water quality monitoring.

This bill supports the essential operations of the Department of Environmental Quality and I thank the Legislature for its cooperation in finalizing the fiscal year 2008 budget.

Sincerely,

Jennifer M. Granholm

Governor

This bill was signed by the Governor October 31, 2007, at 4:40 p.m.

This bill was filed with the Secretary of State October 31, 2007, at 10:21 p.m. and assigned Public Act No. 121, I.E.

The question being on the passage of the disapproved item, 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

Motions and Resolutions

Reps. Angerer, Gonzales, Polidori, Condino, Rick Jones, Tobocman, Sheltrown, Byrnes, Kathleen Law, Sak, Miller, Marleau, Warren, Gillard, Young, Mayes, Booher, Hansen, Wojno, Dean, Ball, Bauer, Bieda, Brandenburg, Brown, Casperson, Caswell, Clack, Constan, Cushingberry, Espinoza, Farrah, Green, Hammel, Hammon, Hildenbrand, Hopgood, Huizenga, Johnson, Robert Jones, LaJoy, David Law, Leland, Lemmons, McDowell, Melton, Moolenaar, Nitz, Palmer, Pastor, Proos, Scott, Shaffer, Spade, Stahl, Steil, Vagnozzi and Valentine offered the following resolution:

House Resolution No. 226.

A resolution recognizing November 2007 as Diabetes Awareness Month in the state of Michigan.

Whereas, Diabetes is a chronic disease for which there is currently no known cure. It is the sixth leading cause of death in the United States; and

Whereas, Individuals with type 1 diabetes cannot produce any of their own insulin or amylin, which are the hormones needed to help regulate sugar and food stores in the body; and

Whereas, Individuals with type 2, or adult on-set diabetes, cannot produce enough of their own insulin or amylin and often do not exhibit symptoms in the early stages of the disease; and

Whereas, The serious long-term complications of high blood sugar levels may include blindness, lower-extremity amputation, heart disease, kidney failure, and premature death; and

Whereas, In recent years, the number of individuals diagnosed with diabetes has increased 41 percent; and

Whereas, Nine out of 10 individuals who are newly diagnosed with adult on-set diabetes also suffer from obesity; and

Whereas, America is facing a diabetes epidemic, as an estimated 20.8 million Americans are living with the disease nationwide; and

Whereas, Diabetes is a leading health problem in Michigan with an estimated 593,200 adults in Michigan currently living with the disease; and

Whereas, Michigan's prevalence rate exceeds the national prevalence rate of seven percent of the population; and

Whereas, The keys to reducing the incidence of, and complications associated with, diabetes are education, early detection, control and proper treatment; and

Whereas, The earlier a person is diagnosed with diabetes and receives treatment, the better the person's chances are for avoiding diabetes complications; and

Whereas, The first line of treatment recommended by all treatment standards is diet and exercise. A healthy diet and the loss of excess weight can have a positive impact on the body's ability to fight-off disease; and

Whereas, It has been shown that modest weight loss may help to lower blood sugar, blood pressure, and improve the levels of fats in the bloodstream, which is beneficial to the treatment of diabetes and other metabolic diseases; and

Whereas, Traditionally those at highest risk include older citizens, who have a family history of the disease and who are overweight. However, in recent years there has been an alarming increase in the growing number of young people who are being diagnosed with diabetes, which is attributed to lifestyle and excessive body mass; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body recognize the month of November 2007 as Diabetes Awareness Month in the state of Michigan; and be it further

Resolved, That to reduce the rate of diabetes and its complications among high-risk populations, individuals are encouraged to seek early screening and early treatment. Healthcare providers are encouraged to improve care for the control of diabetes and the treatment of major complications; and be it further

Resolved, That healthcare providers are encouraged to adopt generally recognized clinical practice guidelines such as the American Diabetes Association goals, recommendations and standards that identify the reduction of body mass index (BMI), cardiovascular risk issues and glycemic control as key factors to managing diabetes; and be it further

Resolved, That healthcare providers are encouraged, as they detect and treat the emerging diabetes epidemic, to engage in an aggressive program with their patients, including dietary counseling and exercise, measurements of body weight, and other associated risk factors; and be it further

Resolved, That copies of this resolution be transmitted to the Michigan Chapter of the American Diabetes Association, Michigan Department of Community Health, Michigan State Medical Society, Michigan Nurses Association and the Michigan Primary Care Association.

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. Polidori, Angerer, Ball, Bauer, Bieda, Booher, Brandenburg, Brown, Casperson, Caswell, Clack, Condino, Constan, Cushingberry, Dean, Espinoza, Farrah, Garfield, Gillard, Gonzales, Green, Hammel, Hammon, Hildenbrand, Hood, Hopgood, Huizenga, Johnson, Rick Jones, Robert Jones, LaJoy, David Law, Kathleen Law, Leland, Lemmons, Marleau, Mayes, McDowell, Melton, Moolenaar, Nitz, Palmer, Pastor, Proos, Rocca, Sak, Scott, Shaffer, Sheltrown, Spade, Stahl, Steil, Tobocman, Vagnozzi, Valentine, Warren and Wojno offered the following resolution:

House Resolution No. 227.

A resolution recognizing November 12, 2007, as Military Moms' Day in the state of Michigan.

Whereas, Members of the United States Military have brought great honor to our nation and have given true meaning to the highest standard of patriotism and service; they have voluntarily forgone comfort and wealth, accepted the necessary sacrifices, and even given their lives so that we and others around the world may live in freedom; and

Whereas, Since its inception, Military Moms has worked to support and provide encouragement to families of military personnel of all branches of service; and

Whereas, Today the love and support of family and friends is crucial to the members of the military who continue their proud service in many roles. Military Moms is instrumental in sharing supportive messages and care packages with our deployed troops; and

Whereas, Current events have given us a renewed appreciation for the members of the military and their families, and we thank those who are currently serving in Iraq and Afghanistan, and around the world; and now therefore be it,

Resolved by the House of Representatives, That the members of this legislative body recognize November 12, 2007, as Military Moms' Day in the state Michigan; and be it further

Resolved, That we honor and thank Military Moms and all parents of armed services personnel. The special role they provide, with loyal and unselfish love and dedication each day, is the backbone and strength of our military; and be it further

Resolved, That copies of this resolution be transmitted to Michigan Military Moms as a token of our esteem and respect.

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. Brown, Valentine, Angerer, Ball, Bauer, Bieda, Brandenburg, Clack, Condino, Constan, Cushingberry, Dean, Espinoza, Farrah, Gillard, Gonzales, Hammel, Hammon, Hopgood, Johnson, Rick Jones, Robert Jones, Kathleen Law, Leland, Lemmons, McDowell, Melton, Polidori, Rocca, Sak, Scott, Sheltrown, Spade, Tobocman, Vagnozzi, Warren and Wojno offered the following resolution:

House Resolution No. 228.

A resolution to memorialize the Congress of the United States to override the presidential veto of the Water Resources Development Act.

Whereas, Following several years of effort, Congress passed the Water Resources Development Act with overwhelming bipartisan support. This bill represents a comprehensive approach to addressing some of the most serious issues facing parts of our country, including several provisions critical to the economy and environment of the Great Lakes region. This legislation represents an investment that will save lives and property, improve commerce, and protect water resources across our country. In many respects, not undertaking the projects addressed in the Water Resources Development Act could prove to be very costly for our nation; and

Whereas, The Water Resources Development Act addresses critical water infrastructure problems and grave threats to the environment. Among projects particularly vital to Michigan are provisions to protect the Great Lakes from the Asian carp, expand the Soo Locks, expedite dredging projects, and improve infrastructure to stop combined sewer overflows, which are a major source of pollution in the Great Lakes and other bodies of water in Michigan. On a national scale, this legislation is thought by many to be crucial to preventing catastrophic flooding in several areas; and

Whereas, It is significant to note that the Water Resources Development Act is an authorization measure. It does not circumvent the normal appropriation process. Funding will still have to be approved to assure the wise expenditure of the public's money. Instead, this vital legislation, crafted and supported by members of both parties, seeks to set a framework for the nation to follow to protect itself from threats from storms, pollution, and many challenges to our vital water infrastructure and natural resources; now, therefore, be it

Resolved by the House of Representatives, That we memorialize the Congress of the United States to override the presidential veto of the Water Resources Development Act; and be it further

Resolved, That copies of this resolution be transmitted to the majority and minority leaders 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 Great Lakes and Environment.

Reps. Valentine, Brown, Angerer, Ball, Bauer, Bieda, Brandenburg, Clack, Condino, Constan, Cushingberry, Dean, Espinoza, Farrah, Gillard, Gonzales, Hammel, Hopgood, Johnson, Rick Jones, Robert Jones, Kathleen Law, Leland, Lemmons, McDowell, Melton, Polidori, Rocca, Sak, Scott, Spade, Tobocman, Vagnozzi, Warren and Wojno offered the following concurrent resolution:

House Concurrent Resolution No. 56.

A concurrent resolution to memorialize the Congress of the United States to override the presidential veto of the Water Resources Development Act.

Resolved by the House of Representatives (the Senate concurring), That we memorialize the Congress of the United States to override the presidential veto of the Water Resources Development Act; and be it further

The concurrent resolution was referred to the Committee on Great Lakes and Environment.

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, November 1:

House Bill No. 5409

Senate Bill Nos. 868 869

The Clerk announced that the following Senate bills had been received on Thursday, November 1:

Senate Bill Nos. 92 640 752 845

The Clerk announced that the following bills had been printed and placed upon the files of the members on Friday, November 2:

Senate Bill Nos. 864 865 866 867 870 871 872 873 874 875 876 877 878

The Clerk announced that the following Senate bills had been received on Tuesday, November 6:

Senate Bill Nos. 826 827 828 829 830 831 832 833

The Clerk announced that the following bills had been printed and placed upon the files of the members on Tuesday, November 6:

Senate Bill Nos. 879 880 881 882 883

Reports of Standing Committees

The Committee on Tax Policy, by Rep. Bieda, Chair, reported

House Bill No. 5330, entitled

A bill to amend 2007 PA 36, entitled "Michigan business tax act," by amending section 421 (MCL 208.1421).

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. Bieda, Farrah, Robert Jones, Mayes, Melton, Sheltrown, Warren, Young, Meltzer, Sheen, Steil, Pastor and Calley

Nays: None

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, November 6, 2007

Present: Reps. Bieda, Farrah, Robert Jones, Mayes, Melton, Sheltrown, Warren, Young, Meltzer, Sheen, Steil, Pastor, Wenke and Calley

Absent: Reps. Condino, Meisner and Palmer

Excused: Reps. Condino, Meisner 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: Thursday, November 1, 2007

Present: Reps. Bieda, Condino, Robert Jones, Mayes, Meisner, Melton, Sheltrown, Warren, Young, Meltzer, Sheen and Wenke

Absent: Reps. Farrah, Steil, Pastor, Palmer and Calley

Excused: Reps. Farrah, Steil, Pastor, Palmer and Calley

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Meadows, Chair, of the Committee on Retiree Health Care Reforms, was received and read:

Meeting held on: Thursday, November 1, 2007

Present: Reps. Meadows, Spade, Alma Smith, Wenke, Knollenberg and Moss

Absent: Reps. Coulouris, Johnson, Valentine and Calley

Excused: Reps. Coulouris, Johnson, Valentine and Calley

Messages from the Senate

House Bill No. 4725, entitled

A bill to amend 1982 PA 325, entitled "An act to authorize county sheriffs to declare a county jail overcrowding state of emergency; to prescribe the powers and duties of certain judges, county sheriffs, and other county officials; and to provide remedies for a county jail overcrowding state of emergency," by amending sections 1, 2, 3, 4, 5, 8, 9, and 10 (MCL 801.51, 801.52, 801.53, 801.54, 801.55, 801.58, 801.59, and 801.60), sections 8 and 9 as amended by 1988 PA 399, and by adding section 1a.

The Senate has concurred in the House amendments to the Senate substitute (S-2).

The bill was referred to the Clerk for enrollment printing and presentation to the Governor.

House Bill No. 4591, entitled

A bill to amend 1976 PA 451, entitled "The revised school code," by amending sections 1538 and 1539 (MCL 380.1538 and 380.1539), section 1538 as added by 1988 PA 339 and section 1539 as amended by 2004 PA 76, and by adding sections 1531h and 1538a.

The Senate has substituted (S-2) the bill.

The Senate has passed the bill as substituted (S-2), 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. 92, entitled

A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections12101, 12102, 12103, 12105, 12107, 12111, 12112, and 12113 (MCL 324.12101, 324.12102, 324.12103, 324.12105, 324.12107, 324.12111, 324.12112, and 324.12113), sections 12101 and 12102 as amended by 2001 PA 165, sections 12103 and 12112 as amended by 2007 PA 75, and sections 12105 and 12107 as amended by 1998 PA 140, and by adding section 12102a.