No. 38

State of Michigan

JOURNAL

OF THE

House of Representatives

94th Legislature

REGULAR SESSION OF 2008

House Chamber, Lansing, Thursday, April 24, 2008.

12:00 Noon.

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—excused 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—excused

Clack—excused Hopgood—present Moss—present Vagnozzi—present

Clemente—present Horn—present Nitz—present Valentine—present

Condino—present Huizenga—present Nofs—present Walker—present

Constan—present Hune—present Opsommer—present Ward—excused

Corriveau—present Jackson—present Palmer—present Warren—present

Coulouris—present Johnson—present Palsrok—present Wenke—present

Cushingberry—e/d/s 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:

“There is a story told of a banquet that was held and the guest speaker was an excellent, eloquent speaker who chose as his speech for that night the 23rd Psalm. When he got done giving his speech and the Psalm, he received an overwhelming standing ovation because he had done it so eloquently.

At the end of the banquet there was someone asked to pray and it was an elderly minister from the area. When he got up to pray, he chose to pray the 23rd Psalm. But when he was done praying, no one stood for an ovation. As a matter of fact, no one moved a muscle. It was finally the speaker who had so eloquently spoken earlier who stood up and went to the microphone. He made a statement, ‘Ladies and gentleman, clearly I know the 23rd Psalm, but this fine gentleman knows the Shepherd.’

Will You pray with me?

Father, it is my prayer today that we as Your servants would not only know Your word, but more importantly would get to know You.

For it is in understanding You that we receive in our commitments, our convictions and our strengths.

Father, thank You for all that You have done for each and every one of us.

Thank you for the gift of life. May we not take it in a way that is taken lightly.

May we use the gifts, the life, and the talents that You have placed with us and may we use them for Your honor and Your glory today.

In Jesus’ name. Amen.”

______

Rep. Calley moved that Reps. Garfield and Ward be excused from today’s session.

The motion prevailed.

Rep. Angerer moved that Reps. Clack, Lemmons and Tobocman be excused from today’s session.

The motion prevailed.

Second Reading of Bills

House Bill No. 5936, entitled

A bill to amend 1980 PA 299, entitled “Occupational code,” by amending sections 720, 723, 724, 728, and 734 (MCL 339.720, 339.723, 339.724, 339.728, and 339.734), sections 720 and 724 as added by 1997 PA 10, sections 723 and 734 as amended by 2005 PA 278, and section 728 as amended by 2000 PA 334, and by adding sections 727a and 734a.

The bill was read a second time.

Rep. Coulouris moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed.

Rep. Angerer moved that the bill be placed on its immediate passage.

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

______

Rep. Meekhof moved that Rep. Sheen be excused temporarily from today’s session.

The motion prevailed.

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 5936, entitled

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

Roll Call No. 319 Yeas—103

Accavitti Dillon Knollenberg Pavlov

Acciavatti Donigan Lahti Pearce

Agema Ebli LaJoy Polidori

Amos Elsenheimer Law, David Proos

Angerer Emmons Law, Kathleen Robertson

Ball Espinoza LeBlanc Rocca

Bauer Farrah Leland Sak

Bennett Gaffney Lindberg Schuitmaker

Bieda Gillard 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 Hood Miller Stakoe

Caul Hoogendyk Moolenaar Steil

Cheeks Hopgood Moore Vagnozzi

Clemente Horn Moss Valentine

Condino Huizenga Nitz Walker

Constan Hune Nofs Warren

Corriveau Jackson Opsommer Wenke

Coulouris Johnson Palmer Wojno

Dean Jones, Rick Palsrok Young

DeRoche Jones, Robert Pastor

Nays—0

In The Chair: Sak

The House agreed to the title of the bill.

Rep. Angerer moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

Second Reading of Bills

House Bill No. 5983, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 40107a (MCL 324.40107a), as amended by 2003 PA 242.

Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Tourism, Outdoor Recreation and Natural Resources,

The substitute (H-1) was adopted, a majority of the members serving voting therefor.

Rep. Ebli moved to amend the bill as follows:

1. Amend page 2, following line 24, by inserting:

“Enacting section 1. This amendatory act does not take effect unless House Bill No. 5697 of the 94th Legislature is enacted into law.”.

The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.

Rep. Ebli moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed.

Rep. Angerer moved that the bill be placed on its immediate passage.

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

Rep. Cushingberry entered the House Chambers.

By unanimous consent the House returned to the order of

Third Reading of Bills

House Bill No. 5983, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 40107a (MCL 324.40107a), as amended by 2003 PA 242.

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

Roll Call No. 320 Yeas—104

Accavitti DeRoche Jones, Robert Pastor

Acciavatti Dillon Knollenberg Pavlov

Agema Donigan Lahti Pearce

Amos Ebli LaJoy Polidori

Angerer Elsenheimer Law, David Proos

Ball Emmons Law, Kathleen Robertson

Bauer Espinoza LeBlanc Rocca

Bennett Farrah Leland Sak

Bieda Gaffney 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 Hood Miller Stakoe

Cheeks Hoogendyk Moolenaar Steil

Clemente Hopgood Moore Vagnozzi

Condino Horn Moss Valentine

Constan Huizenga Nitz Walker

Corriveau Hune Nofs Warren

Coulouris Jackson Opsommer Wenke

Cushingberry Johnson Palmer Wojno

Dean Jones, Rick Palsrok Young

Nays—0

In The Chair: Sak

The House agreed to the title of the bill.

Rep. Angerer moved that the bill be given immediate effect.

The motion prevailed, 2/3 of the members serving voting therefor.

Reps. Angerer, Bieda, Byrum, Constan, Espinoza, Farrah, Gonzales, Hammon, Hildenbrand, Hopgood, Horn, Huizenga, Hune, Johnson, Robert Jones, Kathleen Law, Leland, Mayes, Meadows, Meisner, Moolenaar, Pearce, Polidori, Sak, Sheltrown, Spade and Vagnozzi were named co‑sponsors of the bill.

By unanimous consent the House returned to the order of

Messages from the Senate

The Speaker laid before the House

Senate Bill No. 511, entitled

A bill to make, supplement, adjust, and consolidate appropriations for various state departments and agencies, the judicial branch, and the legislative branch for the fiscal year ending September 30, 2008; to provide for certain conditions on appropriations; to provide for the expenditure of the appropriations; and to repeal acts and parts of acts.

(The bill was received from the Senate on March 20, with substitute (S-2) to the House substitute (H-3) and title amendment by the Senate, consideration of which, under the rules, was postponed until April 8, see House Journal No. 29, p. 637.)

The question being on concurring in the substitute (S-2) to the House substitute (H-3) made to the bill by the Senate,

Rep. Hood moved to substitute (H-9) the Senate substitute (S-2).

The motion prevailed and the substitute (H-9) was adopted, a majority of the members serving voting therefor.

The question being on concurring in the substitute (S-2) to the House substitute (H-3) made to the bill by the Senate,

Rep. Ebli moved to amend the bill as follows:

1. Amend page 22, line 8, after “College - ” by striking out “middle college technology” and inserting “career technology”.

The motion prevailed and the amendment was adopted, a majority of the members serving voting therefor.

The question being on concurring in the substitute (S-2) to the House substitute (H-3) made to the bill by the Senate,

Rep. Proos moved to substitute (H-11) the Senate substitute (S-2).

The motion did not prevail and the substitute (H-11) was not adopted, a majority of the members serving not voting therefor.

The question being on concurring in the substitute (S-2) to the House substitute (H-3) made to the bill by the Senate,

The substitute (S-2), as substituted (H-9), was concurred in, a majority of the members serving voting therefor, by yeas and nays, as follows:

Roll Call No. 321 Yeas—58

Accavitti Cushingberry Jackson Polidori

Angerer Dean Johnson Rocca

Bauer Dillon Jones, Robert Sak

Bennett Donigan Lahti Scott

Bieda Ebli Law, Kathleen Sheltrown

Brown Emmons LeBlanc Simpson

Byrnes Espinoza Leland Smith, Alma

Byrum Farrah Lindberg Smith, Virgil

Caul Gillard Mayes Spade

Cheeks Gonzales McDowell Vagnozzi

Clemente Griffin Meadows Valentine

Condino Hammel Meisner Warren

Constan Hammon Melton Wojno

Corriveau Hood Miller Young

Coulouris Hopgood

Nays—46

Acciavatti Hansen Meltzer Pearce

Agema Hildenbrand Moolenaar Proos

Ball Hoogendyk Moore Robertson

Booher Horn Moss Schuitmaker

Brandenburg Huizenga Nitz Shaffer

Calley Hune Nofs Sheen

Casperson Jones, Rick Opsommer Stahl

Caswell Knollenberg Palmer Stakoe

DeRoche LaJoy Palsrok Steil

Elsenheimer Law, David Pastor Walker

Gaffney Marleau Pavlov Wenke

Green Meekhof

In The Chair: Sak

The question being on agreeing to the title of the bill,

Rep. Angerer moved to amend the title to read as follows:

A bill to make, supplement, and adjust appropriations for various state departments and agencies, capital outlay, the legislative branch, and the judicial branch for the fiscal year ending September 30, 2008; and to provide for the expenditure of the appropriations.

The motion prevailed.

The House agreed to the title as amended.

______

Rep. Agema, having reserved the right to explain his nay vote, made the following statement:

“Mr. Speaker and members of the House:

Once again we are denied due process of law by not allowing votes on the bill presented, but rather being forced to vote on the one suddenly substituted at the last minute. I refuse to vote yes on a substitute budget busting bill. This substitute jeopardizes needed Federal funds for airports, DNR etc. and a possible loss of $163 million in Federal dollars.”

Rep. Sheen, having reserved the right to explain his nay vote, made the following statement:

“Mr. Speaker and members of the House:

The Republicans were not allowed a roll call vote on their substitute and the SB 511 was not made available until one minute before the vote. No one had a chance to read it and the legislative process was once again corrupted. This is not how representative government is suppose to function and another example of the present legislature’s dysfunction.”

By unanimous consent the House returned to the order of

Motions and Resolutions

Rep. Angerer moved to suspend that portion of Rule 41 requiring bills to be handed to the Clerk three hours prior to calling the House to order.

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

Rep. Angerer moved that when the House adjourns today it stand adjourned until Tuesday, April 29, at 1:30 p.m.

The motion prevailed.

Reps. Vagnozzi, Accavitti, Bieda, Clack, Constan, Dean, Griffin, Hammel, Hammon, Hopgood, Lemmons, Meadows, Miller, Polidori, Shaffer, Sheltrown, Spade, Stahl, Tobocman, Warren, Cushingberry, Robert Jones, Lahti, Marleau and Knollenberg offered the following resolution:

House Resolution No. 333.

A resolution proclaiming May 10, 2008, as Human Rights Relay Day in Michigan.

Whereas, The Chinese Communist regime has been granted the honor of hosting the 2008 Olympics in Beijing with the provision that the nation improve its treatment of Chinese citizens; and

Whereas, Human rights violations have increased in China since this honor was granted; and

Whereas, The Chinese regime imprisons millions of Christians, Tibetan Buddhists, Uyghur Muslims, Falun Gong, democracy advocates, labor organizers, lawyers, journalists, environmental activists, political dissidents and other innocent citizens in slave labor camps without trial; and

Whereas, The Chinese regime illegally harvests vital body organs for sale without consent from Falun Gong prisons of conscience; and

Whereas, The Chinese regime continues to occupy Tibet and attempts to erase the cultures of Tibetans and Muslim Uyghurs; and

Whereas, The Chinese regime forces women to get abortions, even in the third trimester, to enforce the “One Child per Family” rule; and

Whereas, The Chinese regime supports the dictatorships in Sudan, Burma, Zimbabwe and North Korea in perpetuating slaughter upon their citizens; and

Whereas, The Chinese regime prohibits freedom of religion and those who practice their faith and beliefs in “underground churches” are arrested, imprisoned and persecuted; and

Whereas, The Chinese regime prohibits freedom of speech, controls the population with private and public surveillance and censors information on the Internet; and

Whereas, The Chinese regime prohibits freedom of the press and imprisons more journalists and reporters than any country in the world; and

Whereas, The Olympic Charter calls for the Games to represent “respect for universal fundamental ethical principles” and “the harmonious development of man, with a view to promoting a peaceful society concerned with the preservation of human dignity.” It states that: “Any form of discrimination with regard to a country or a person on grounds of race, religion, politics, gender or other reason is inconsistent with membership in the Olympic Movement”; and

Whereas, The Human Rights Torch Relay is an international campaign that seeks to bring an end to all human rights abuses by the Chinese Communist regime, to re-establishing the mandate of the Olympic Charter and to preserving the true Olympic spirit; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body now proclaim May 10, 2008 as Human Rights Relay Day in Michigan. We declare our support for the Human Rights Torch Relay campaign.

The resolution was referred to the Committee on Oversight and Investigations.

Reps. Accavitti, Ball, Bieda, Brown, Constan, Dean, Gillard, Gonzales, Green, Hammel, Hammon, Hansen, Hildenbrand, Hopgood, Robert Jones, Lahti, Mayes, Meadows, Miller, Polidori, Proos, Sak, Spade, Tobocman, Vagnozzi and Ward offered the following resolution:

House Resolution No. 335.

A resolution proclaiming May 2008 as Michigan Safe Digging Month.

Whereas, The month of May is typically the time when the weather warms up and outside construction activities begin; and

Whereas, Construction activity can lead to dig-in damages to underground facilities, such as natural gas, electric, cable, telephone, fiber optic, water and sewer lines and pipes located under the ground’s surface. These incidents have resulted in the loss of property and even serious injury to Michigan’s citizens. In Michigan annually there are about 10,000 recorded incidents of damage to underground facilities; and

Whereas, Michigan’s two major gas and electric utilities, Consumers Energy and DTE Energy, along with MISS DIG System, Inc., are again partnering this year to educate utility customers and the general public about safe digging and the new Call 811 toll-free national call-before-you-dig phone number. Designated by the Federal Communications Commission (FCC) and officially launched nationwide in 2007, 811 provides potential excavators and homeowners a simple number to reach their local One Call Center and request utility line locations at the intended dig site; and

Whereas, Through continued education of safe digging practices, excavators and homeowners can save time and money, keeping Michigan safe and connected, by making a simple call to 811 at least three business days in advance of any digging project; waiting the required amount of time; respecting the marked lines by maintaining visual definition throughout the course of the excavation; and finally, digging with care around the marks; and

Whereas, These excavation projects can be as simple as planting a tree, installing a mailbox post or deck, or as complex as erecting an office building, residential home, and making major road repairs. Michigan Safe Digging Month is designed to encourage contractors and the general public to call 811 before digging; and

Whereas, All involved parties agree that safe digging is a shared responsibility. To know what is below, call 811 before you dig. Safe digging is no accident; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body proclaim May 2008 as Michigan Safe Digging Month.

The resolution was referred to the Committee on Energy and Technology.

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, April 24:

House Bill Nos. 6005 6006 6007 6008

The Clerk announced that the following Senate bills had been received on Thursday, April 24:

Senate Bill Nos. 108 1201 1234 1265 1266 1267 1268 1269 1270

Reports of Standing Committees

The Committee on Insurance, by Rep. Virgil Smith, Chair, reported

House Bill No. 4998, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” (MCL 500.100 to 500.8302) by adding section 3149.

With the recommendation that the following amendments be adopted and that the bill then pass.

1. Amend page 1, line 2, after “ACT” by striking out the balance of the line through “ACT” on line 3.

2. Amend page 2, line 10, after “INSURER” by striking out the balance of the line through “REPRESENTATIVES” on line 11.

The bill and amendments were referred to the order of Second Reading of Bills.

Favorable Roll Call

To Report Out:

Yeas: Reps. Virgil Smith, Farrah, Condino, Constan, Johnson, Polidori, Scott, Simpson and Wojno

Nays: Reps. Hune, Emmons and Hildenbrand

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Virgil Smith, Chair, of the Committee on Insurance, was received and read:

Meeting held on: Thursday, April 24, 2008

Present: Reps. Virgil Smith, Farrah, Condino, Constan, Johnson, Polidori, Scott, Simpson, Wojno, Hune, Emmons, Hildenbrand, Moore, Rocca and Gaffney

Absent: Reps. Lemmons and David Law

Excused: Reps. Lemmons and David Law

Messages from the Senate

Senate Bill No. 108, entitled

A bill to amend 2002 PA 48, entitled “Metropolitan extension telecommunications rights-of-way oversight act,” by amending section 13 (MCL 484.3113).