No. 83

State of Michigan

JOURNAL

OF THE

House of Representatives

94th Legislature

REGULAR SESSION OF 2008

House Chamber, Lansing, Thursday, November 6, 2008.

12:00 Noon.

The House was called to order by Associate Speaker Pro Tempore Byrnes.

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—excused Proos—present

Amos—present Elsenheimer—present Law, Kathleen—present Robertson—present

Angerer—present Emmons—present LeBlanc—present Rocca—present

Ball—present Espinoza—present Leland—present Sak—present

Bauer—present Farrah—present Lemmons—present Schuitmaker—present

Bennett—present Gaffney—present Lindberg—present Scott—excused

Bieda—present Garfield—excused Marleau—excused 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—excused Hansen—present Meltzer—present Stahl—present

Caswell—present Hildenbrand—present Miller—present Stakoe—present

Caul—present Hood—excused Moolenaar—present Steil—present

Cheeks—excused Hoogendyk—present Moore—excused 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—excused

Corriveau—present Jackson—present Palmer—excused 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. Terry L. Brown, from the 84th District, offered the following invocation:

“Dearest heavenly Father, as we come before You this day, we once again pledge our support for this great state, for unifying people, for working on behalf of the greater good. Bless us as we come together and as we strive to do Your will. Bless us because it is a great task we know we can’t do alone. Help us always do things that are good, that are kind, that are thoughtful, to walk in Your paths and also, Father, to give You the glory for the good things that happen. We ask these things in Jesus’ name, Amen.”

______

The Speaker Pro Tempore assumed the Chair.

Rep. Tobocman moved that Reps. Cheeks, Hood and Scott be excused from today’s session.

The motion prevailed.

Rep. Booher moved that Reps. Casperson, Garfield, David Law, Marleau, Moore, Palmer and Ward be excused from today’s session.

The motion prevailed.

______

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

The motion prevailed.

Motions and Resolutions

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

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

Rep. Tobocman moved that when the House adjourns today it stand adjourned until Wednesday, November 12, at 1:30 p.m.

The motion prevailed.

Announcement by the Clerk of Printing and Enrollment

The Clerk announced that the following bills and joint resolution had been printed and placed upon the files of the members on Thursday, October 30:

House Bill Nos. 6576 6577 6578 6579 6580 6581 6582 6583 6584 6585 6586 6587 6588 6589

6590 6591

House Joint Resolution OOO

The Clerk announced that the following bill had been printed and placed upon the files of the members on Wednesday, November 5:

Senate Bill No. 1572

The Clerk announced that the following Senate bills had been received on Wednesday, November 5:

Senate Bill Nos. 491 1508 1515 1524 1525

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

Senate Bill Nos. 1551 1552 1553 1554 1555 1556 1557 1558 1559 1560 1561 1562 1563 1564

1565 1566 1567 1568 1569 1570 1571 1573 1574 1575 1576 1577 1578 1579

1580 1581 1582 1583 1584 1585 1586 1587 1588 1589 1590 1591 1592 1593

1594

Senate Joint Resolution Q

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

Senate Bill Nos. 1077 1445 1446 1491 1536 1550

Communications from State Officers

The following communication from the Department of Treasury was received and read:

October 28, 2008

Please find attached for transmittal by your Office one copy of the Unit of Local Government Failure to File Financial Date Report. The report is required by Public Act 140 of 1971, the Glenn Steil State Revenue Sharing Act of 1971. Section 21 of the Act provides, in part, as follows:

(3) The department of treasury shall notify each house of the legislature of any local unit of government that fails to provide a financial report or an audit required by subsection (1) and of any local unit of government required to file a financial [deficit elimination] plan under subsection (2).

Fredrick Headen, Director

Bureau of Local Government Services

The communication was referred to the Clerk.

The following communication from the Office of the Chief Compliance Officer was received and read:

October 30, 2008

Attached is the 2007-2008 Annual Report of the Office of the Chief Compliance Officer, which relates to the 21st Century Jobs Fund Programs. This report is submitted pursuant to MCL 125.2088i(6)(i), which requires the Chief Compliance Officer to prepare a written annual report that evaluates compliance with internal policies and procedures and with applicable state and federal law, explains any compliance matters that arose during the previous year, and suggests revisions to agency policies and procedures. While a great deal of activity took place during the year, I am pleased to report that diligent work by all involved ensured that all applicable laws, policies, and procedures were followed, as more completely described in the Annual Report.

Sincerely,

John D. Walter

Chief Compliance Officer

The communication was referred to the Clerk.

Introduction of Bills

Rep. Condino introduced

House Bill No. 6592, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending section 8311 (MCL 600.8311).

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

Rep. Condino introduced

House Bill No. 6593, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending sections 1, 4, 5, 6, 7, 8, 9, 10, 11, 13, 14, 15, 16, and 17 of chapter VI (MCL 766.1, 766.4, 766.5, 766.6, 766.7, 766.8, 766.9, 766.10, 766.11, 766.13, 766.14, 766.15, 766.16, and 766.17), section 4 as amended by 1994 PA 167, section 9 as amended by 1988 PA 106, and section 14 as amended by 1998 PA 520, and by adding section 2.

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

Rep. Proos introduced

House Bill No. 6594, entitled

A bill to provide for the establishment of a grant program and procedures of administering that program; to provide for methods for certain farm product producers to access school-related food programs; to provide for the setting of standards for qualification for the grant program; to provide for certain powers and duties for the department of agriculture; and to provide for the dissemination of certain information to schools and farm product producers.

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

Rep. Bieda introduced

House Bill No. 6595, entitled

A bill to amend 1954 PA 116, entitled “Michigan election law,” by amending section 67 (MCL 168.67), as amended by 1981 PA 44.

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

Rep. Bieda introduced

House Bill No. 6596, entitled

A bill to amend 2007 PA 36, entitled “Michigan business tax act,” by amending section 111 (MCL 208.1111), as amended by 2007 PA 207.

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

Rep. Bieda introduced

House Bill No. 6597, entitled

A bill to amend 2007 PA 36, entitled “Michigan business tax act,” (MCL 208.1101 to 208.1601) by adding section 461.

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

Rep. Condino introduced

House Bill No. 6598, entitled

A bill to amend 1968 PA 15, entitled “Correctional industries act,” by amending sections 4 and 7 (MCL 800.324 and 800.327), as amended by 1996 PA 537.

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

Rep. Condino introduced

House Bill No. 6599, entitled

A bill to amend 1936 (Ex Sess) PA 1, entitled “Michigan employment security act,” (MCL 421.1 to 421.75) by adding section 13m.

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

Rep. Condino introduced

House Bill No. 6600, entitled

A bill to amend 1956 PA 218, entitled “The insurance code of 1956,” by amending section 3701 (MCL 500.3701), as added by 2003 PA 88.

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

Rep. Condino introduced

House Bill No. 6601, entitled

A bill to license and regulate professional employer organizations; to define certain relationships and allocate certain rights and duties between those relationships; to provide for certain powers and duties for state agencies; to impose certain fees and provide for certain security devices; and to provide for penalties and remedies.

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

Rep. Condino introduced

House Bill No. 6602, entitled

A bill to amend 1976 PA 223, entitled “An act to create an agency concerned with crime victim services; to prescribe its powers and duties; to provide compensation to certain victims of crimes; to provide for the promulgation of rules; and to provide for penalties,” by amending sections 2, 4, 5, 10, and 11 (MCL 18.352, 18.354, 18.355, 18.360, and 18.361), as amended by 1996 PA 519, and by adding section 5a.

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

Rep. Steil introduced

House Bill No. 6603, entitled

A bill to amend 1967 PA 281, entitled “Income tax act of 1967,” (MCL 206.1 to 206.532) by adding section 278.

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

Rep. Mayes introduced

House Bill No. 6604, entitled

A bill to amend 1964 PA 283, entitled “Weights and measures act,” (MCL 290.601 to 290.634) by adding section 28d.

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

Rep. Hopgood introduced

House Bill No. 6605, entitled

A bill to amend 1964 PA 286, entitled “An act to provide for the organization, powers, and duties of the state transportation commission and the state transportation department; to provide for the appointment, powers, and duties of the state transportation director; to abolish the office of state highway commissioner and the commissioner’s advisory board and to transfer their powers and duties; to provide for penalties and remedies; and to repeal certain acts and parts of acts,” by amending section 3 (MCL 247.803).

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

Rep. Clemente introduced

House Bill No. 6606, entitled

A bill to amend 1995 PA 24, entitled “Michigan economic growth authority act,” by amending section 8 (MCL 207.808), as amended by 2008 PA 257.

The bill was read a first time by its title and referred to the Committee on New Economy and Quality of Life.

Reps. Byrum and Miller introduced

House Bill No. 6607, entitled

A bill to amend 1976 PA 451, entitled “The revised school code,” by amending section 1224 (MCL 380.1224), as amended by 1992 PA 19.

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

Rep. Byrum introduced

House Bill No. 6608, entitled

A bill to amend 1964 PA 283, entitled “Weights and measures act,” by amending section 28c (MCL 290.628c), as amended by 2003 PA 189.

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

Reps. Mayes, Accavitti, Sheltrown, Brown, Polidori, Espinoza, Melton, Hammel, Clemente, Angerer, Warren, Meisner, LeBlanc, Corriveau, Coulouris, Alma Smith, Lahti, Byrnes, Robert Jones, Johnson, Spade, Meadows, Condino, Cushingberry, Byrum, Sak, Constan, Lindberg, McDowell, Jackson, Donigan, Bauer, Ebli, Dean and Simpson introduced

House Bill No. 6609, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” (MCL 211.1 to 211.155) by adding section 7mm.

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

Reps. Tobocman, Bieda and Stakoe introduced

House Bill No. 6610, entitled

A bill to enter into the interstate compact to elect the president by national popular vote; and for related purposes.

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

Reps. Gonzales, Bieda, Clemente, Polidori, Hammel, Spade, Cushingberry, Bennett, Leland, Valentine and Clack introduced

House Bill No. 6611, entitled

A bill to amend 2007 PA 36, entitled “Michigan business tax act,” (MCL 208.1101 to 208.1601) by adding section 434.

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

Rep. Bennett introduced

House Bill No. 6612, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending section 2505 (MCL 324.2505), as added by 1995 PA 60; and to repeal acts and parts of acts.

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

Rep. Bennett introduced

House Bill No. 6613, entitled

A bill to amend 1994 PA 451, entitled “Natural resources and environmental protection act,” by amending sections 11135 and 11153 (MCL 324.11135 and 324.11153), as amended by 2007 PA 75.

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

Reps. Tobocman, Johnson, Jackson, Donigan, Robert Jones, Simpson, Spade, Valentine, Gonzales, Dean, Meadows, Cushingberry, Alma Smith and Leland introduced

House Bill No. 6614, entitled

A bill to amend 1961 PA 236, entitled “Revised judicature act of 1961,” by amending sections 3101, 3208, and 3216 (MCL 600.3101, 600.3208, and 600.3216), section 3101 as amended by 1981 PA 172.

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

Reps. Johnson, Tobocman, Jackson, Robert Jones, Valentine, Leland, Gonzales and Cushingberry introduced

House Bill No. 6615, entitled

A bill to require mortgage lenders and mortgage servicers to provide certain notices and information; to provide for the establishment of a program to prevent home foreclosures; to provide for the establishment of an information database; to provide for the powers and duties of certain state governmental officers and entities; and to provide remedies.

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

Reps. Palsrok and Mayes introduced

House Bill No. 6616, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending sections 216, 248, and 719a (MCL 257.216, 257.248, and 257.719a), section 216 as amended by 2002 PA 642, section 248 as amended by 2004 PA 495, and section 719a as amended by 1996 PA 136, and by adding sections 38a, 49a, and 74a.

The bill was read a first time by its title and referred to the Committee on Tourism, Outdoor Recreation and Natural Resources.

Rep. Sheltrown introduced

House Bill No. 6617, entitled

A bill to regulate recreational vehicle dealers, manufacturers, wholesalers, warrantors, and their representatives; to regulate dealings between recreational vehicle manufacturers, wholesalers, warrantors, and dealers; to regulate dealings between consumers and recreational vehicle manufacturers, wholesalers, warrantors, and dealers; to prohibit certain trade practices; to provide for the powers and duties of certain state and local governmental officers and entities; and to provide remedies.

The bill was read a first time by its title and referred to the Committee on Tourism, Outdoor Recreation and Natural Resources.

Rep. Virgil Smith introduced

House Bill No. 6618, entitled

A bill to amend 1927 PA 175, entitled “The code of criminal procedure,” by amending section 14p of chapter XVII (MCL 777.14p), as amended by 2006 PA 251.

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

By unanimous consent the House returned to the order of

Motions and Resolutions

The Speaker, on behalf of the entire House of Representatives, offered the following resolution:

House Resolution No. 455.

A resolution to honor the Detroit Shock for winning the 2008 Women’s National Basketball Association’s Championship Title.

Whereas, The Detroit Shock successfully claimed its third WNBA Championship Title. They are to be congratulated for their determination and overwhelming skill by defeating the San Antonio Silver Stars for the championship win on October 5, 2008; and

Whereas, In a display of talent on the road to the finals, the Detroit Shock brought home its third championship title in just six years; and

Whereas, In memorable and determined playoff fashion, the Detroit Shock defeated rivals the Indiana Fever and the New York Liberty in an epic march to the WNBA finals championship; and

Whereas, In the WNBA championship finals, the Detroit Shock, after a stunning 22-12 season, swept the San Antonio Silver Stars in memorable fashion; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body honor and congratulate the 2008 WNBA title champions, the Detroit Shock; and be it further

Resolved, That we congratulate the Detroit Shock Head Coach Bill Laimbeer who has led the Shock to three WNBA championship titles; and be it further

Resolved, That we congratulate center Katie Smith, the first women’s professional basketball player to score 6,000 points and the 2008 WNBA Playoff Most Valuable Player; and be it further

Resolved, That copies of this resolution be transmitted to Detroit Shock Owner William Davidson, Vice President of Operations Craig Turnbull, Head Coach Bill Lambeer and his entire coaching staff, the outstanding players, and the entire Detroit Shock organization as evidence of our highest esteem and congratulations.

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. Robert Jones, Accavitti, Ball, Bieda, Brown, Byrnes, Condino, Constan, Dean, Gonzales, Lahti, Kathleen Law, Lemmons, Opsommer, Palsrok, Polidori, Proos, Sak, Shaffer, Alma Smith, Tobocman and Vagnozzi offered the following resolution:

House Resolution No. 456.

A resolution to recognize the Michigan Office of Services to the Aging on the occasion of its 35th anniversary.

Whereas, On August 19, 1973, Governor Milliken signed PA 106 of 1973 to “create an agency on services to the aging” for Michigan; and

Whereas, For the past 35 years, the Michigan Office of Services to the Aging has served as the state unit on aging for Michigan in accordance with the requirements of the Older Americans Act of 1965, as amended; and

Whereas, Michigan has 1.6 million residents age 60 and better; and

Whereas, Michigan’s older population is expected to increase in the next decade; and

Whereas, The Michigan Office of Services to the Aging distributes federal and state funding for services that assist older adults maintain their independence, participate in their communities, and improve their health and nutrition; and

Whereas, The Michigan Office of Services to the Aging works to protect older adults from abuse and exploitation, has fostered innovation in long term care service delivery and created model programs adopted by other states and advocates on behalf of all Michigan’s older population; and

Whereas, The Michigan Office of Services to the Aging will celebrate 35 years of excellent service to Michigan’s older population on November 21, 2008; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body recognize the Michigan Office of Services to the Aging for its dedication and service to Michigan older residents for the past 35 years; and be it further

Resolved, That copies of this resolution be transmitted to the Michigan Office of Services to the Aging with our congratulations and gratitude.

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. Palmer, Hoogendyk, Sheltrown, Mayes, Stahl, Nofs, Sheen, Dean, Ball, Byrnes, Caul, Gonzales, Kathleen Law, Lemmons, Opsommer, Polidori, Proos and Shaffer offered the following resolution:

House Resolution No. 457.

A resolution to memorialize Congress to insure diversity and choice in health care coverage for families.

Whereas, The people of the United States, through their elected legislators, have chosen over time to provide health care coverage to various vulnerable populations through government sponsored health care programs such as Medicare, Medicaid and S-CHIP. These programs have served a vital role in the health and well-being of individuals and the general welfare of our nation as a whole; and

Whereas, Given that different populations have different health needs, it has been important to the success of the various health plans that those needs be taken into consideration when the structure and logistics of the programs are designed and implemented. In some instances health care services involve matters literally of life and death, or touch upon deeply personal areas that involve the moral, philosophical, or religious beliefs of families, particularly of parents with children; and

Whereas, Individuals and families, as citizens and as taxpayers, should be afforded the opportunity to participate in or select health care plan options that do not violate their moral, philosophical, or religious beliefs. The precedent for respecting the beliefs of individuals as they select and access government-sponsored health programs was established by Congress in the federal employees health benefit system whereby federal employees have the option of choosing a health care plan consistent with their beliefs and values; now therefore, it

Resolved by the House of Representatives, That we hereby memorialize the Congress of the United States to insure that parents of the poor, the working poor, and the disabled will be offered the option to enroll their children in health plans (Medicaid, S-CHIP, Medicare, respectively) that respect the beliefs and values of the parents, particularly as they relate to matters of abortion, abortifacients, contraception and sterilization; and be it further

Resolved, That copies of this resolution be transmitted to the President of the United States, 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 Health Policy.

Reports of Standing Committees

The Committee on Energy and Technology, by Rep. Accavitti, Chair, reported

House Bill No. 6070, entitled

A bill to amend 1986 PA 32, entitled “Emergency 9-1-1 service enabling act,” by amending section 401b (MCL 484.1401b), as added by 2007 PA 164, and by adding sections 401f and 401g.

With the recommendation that the substitute (H-3) be adopted and that the bill then pass.

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

Favorable Roll Call

To Report Out:

Yeas: Reps. Accavitti, Mayes, Angerer, Brown, Hammon, Hopgood, Lemmons, Lindberg, Melton, Miller, Nofs, Palsrok, Moolenaar and Opsommer

Nays: None

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Thursday, November 6, 2008

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

Absent: Reps. Clemente, Ebli, Garfield, Huizenga and Horn

Excused: Reps. Clemente, Ebli, Garfield, Huizenga and Horn

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Thursday, November 6, 2008

Present: Reps. Hopgood, Griffin, Accavitti, Bieda, Donigan, Leland, Mayes, Miller, LaJoy, Nitz, Pavlov, Pearce, Stahl and Knollenberg

Absent: Reps. Ebli, Young and Casperson

Excused: Reps. Ebli, Young and Casperson

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Thursday, November 6, 2008

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

Absent: Reps. Scott, David Law, Elsenheimer and Rocca

Excused: Reps. Scott, David Law, Elsenheimer and Rocca

Messages from the Senate

Senate Bill No. 491, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 722 (MCL 257.722), as amended by 2006 PA 658.