No. 50

State of Michigan

JOURNAL

OF THE

House of Representatives

96th Legislature

REGULAR SESSION OF 2011

House Chamber, Lansing, Tuesday, May 31, 2011.

1:30 p.m.

The House was called to order by the Speaker.

The roll was called by the Clerk of the House of Representatives, who announced that a quorum was present.

Agema—present Gilbert—present Lipton—present Pscholka—present

Ananich—present Glardon—present Liss—present Rendon—present

Barnett—present Goike—present Lori—present Rogers—present

Bauer—excused Haines—present Lund—present Rutledge—present

Bledsoe—present Hammel—present Lyons—present Santana—present

Bolger—present Haugh—excused MacGregor—present Schmidt, R.—present

Brown—present Haveman—present MacMaster—present Schmidt, W.—present

Brunner—present Heise—present McBroom—present Scott—present

Bumstead—present Hobbs—present McCann—present Segal—present

Byrum—present Hooker—present McMillin—present Shaughnessy—present

Callton—present Horn—present Meadows—present Shirkey—present

Cavanagh—present Hovey-Wright—present Melton—present Slavens—present

Clemente—present Howze—present Moss—present Smiley—present

Constan—present Hughes—present Muxlow—present Somerville—present

Cotter—present Huuki—present Nathan—present Stallworth—present

Crawford—present Irwin—present Nesbitt—present Stamas—present

Daley—present Jackson—present O’Brien—present Stanley—present

Damrow—present Jacobsen—present Oakes—present Stapleton—present

Darany—present Jenkins—present Olson—present Switalski—present

Denby—present Johnson—present Olumba—excused Talabi—present

Dillon—present Kandrevas—present Opsommer—present Tlaib—present

Durhal—present Knollenberg—present Ouimet—present Townsend—present

Farrington—present Kowall—present Outman—present Tyler—present

Forlini—present Kurtz—present Pettalia—present Walsh—excused

Foster—present LaFontaine—present Poleski—present Womack—excused

Franz—present Lane—present Potvin—present Yonker—present

Geiss—present LeBlanc—present Price—present Zorn—present

Genetski—present Lindberg—present

e/d/s = entered during session

Pastor James Currie, Pastor of Faith Baptist Church in Cheboygan, offered the following invocation:

“Our Heavenly Father,

Today we stand together to thank You for this great country that we live in. As we have honored those yesterday on Memorial Day, those who have died to protect and defend the freedoms that we all enjoy, we also thank You for those who are serving our country today in the service of our country. We pray for protection for them as they carry out their responsibilities. We also pray for their families and the sacrifices that are being made on our behalf. We ask for Your blessing on them and bring them home safely.

Lord we also pray for those who lead our country. For those who serve us and You in living noble and peaceful lives. I pray that they will protect the innocent and bring relief to the hurting. I pray that justice will be done and that the good of all men will be carried out through those who have been placed in office.

Lord we thank You for those who represent us in this assembly. I pray that You will grant them wisdom as they tackle the difficult issues that face our great state of Michigan. You tell us in Your Holy Scriptures that is we lack wisdom, we are to ask God and we are doing that.

Lord, I pray for the families in our state. I pray for those who are struggling with employment and those who are struggling to make ends meet. God we need Your help – for the good of all the people of the great state of Michigan.

God we ask You to grant our requests.

I pray in the name of Jesus Christ, my Savior and Lord. Amen.”

______

Rep. Segal moved that Reps. Bauer, Haugh, Olumba and Womack be excused from today’s session.

The motion prevailed.

Rep. Stamas moved that Rep. Walsh be excused from today’s session.

The motion prevailed.

Motions and Resolutions

Reps. Brunner, Barnett, Constan, Darany, Durhal, Liss, Segal and Slavens offered the following resolution:

House Resolution No. 96.

A resolution to memorialize Congress to modernize the Toxic Substances Control Act (TSCA).

Whereas, Billions of pounds of chemicals are manufactured or imported in the United States each day for use in industrial processes or in the manufacture of commercial products. Many of these useful substances can be hazardous to human health or the environment in certain instances. American consumers deserve to have confidence that the products they buy are safe when used as intended; and

Whereas, A federal chemical management program should make protecting the public health, including children’s health, its highest priority. Strict government oversight through a chemical management program should also strive to preserve America’s role as the world’s leading innovator and employer in the manufacture, use, and commercial distribution of chemicals; and

Whereas, Congress enacted the Toxic Substances Control Act (TSCA) in 1976 to regulate chemicals with the intention of preventing new and mitigating existing public health and environmental hazards. Since that law was enacted 35 years ago, scientific understanding of the public health and environmental impact of chemicals has advanced significantly. These advances in scientific knowledge need to be incorporated into the nation’s chemical management program; and

Whereas, Momentum is growing for Congress to act to modernize TSCA. A robust federal chemical management system will obviate the need for state governments to adopt different, and at times conflicting, state regulatory programs that have the potential for negative impacts on the national economy. Federal action should strengthen TSCA to:

(a) Ensure that chemicals are safe for their intended use;

(b) Require the U.S. Environmental Protection Agency (EPA) to systematically prioritize chemicals for the purpose of assessing their safe use;

(d) Require that all involved in the manufacture, import, processing, distribution, or use of chemicals be encouraged to provide EPA with relevant information to the extent necessary to make safety determinations;

(e) Assure that potential risks to children from exposures to chemicals are considered in the assessment of safe use;

(f) Empower EPA to impose a range of risk management controls to ensure that chemicals are safe for their intended use;

(g) Encourage companies and EPA to work together to enhance public access to chemical health and safety information;

(h) Require that EPA rely on scientifically valid data and information, regardless of its source, including data and information reflecting modern advances in science and technology;

(i) Enable EPA to have the staff, resources, and regulatory tools it needs to ensure the safety of chemicals; and

(j) Ensure that TSCA remains a vehicle to promote and encourage technological innovation, and the maintenance of a globally competitive industry in the United States; now, therefore, be it

Resolved by the House of Representatives, That we memorialize Congress to modernize the Toxic Substances Control 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 Regulatory Reform.

Reps. Barnett, Liss, Yonker, Santana, Brown, Bauer, Wayne Schmidt, Gilbert, O’Brien, Segal, Constan, Crawford, Darany, Denby, Durhal, Heise, Lori, Price, Slavens and Tyler offered the following resolution:

House Resolution No. 97.

A resolution to declare October 20, 2011, as Osteoporosis Awareness and Prevention Day in the state of Michigan.

Whereas, Osteoporosis, a disease characterized by low bone mass, structural deterioration of bone, and increased susceptibility to fractures, is a public health threat for an estimated 52 million Americans and more than 1.5 million Michigan residents; and

Whereas, In Michigan, more then 350,00 individuals already have the disease and nearly 1.2 million are estimated to have low bone mass, placing them at increased risk for osteoporosis; and

Whereas, One in two women and up to one in four men over age 50 will have an osteoporosis-related fracture in her or his remaining lifetime; and

Whereas, Building strong bones during childhood and adolescence can be the best defense against developing osteoporosis later; and

Whereas, Osteoporosis is often thought of as an older person’s disease, but bone health is a concern for any age; and

Whereas, Substantial risk has been reported in people of all ethnic backgrounds; and

Whereas, Although osteoporosis often has no symptoms in its early stages, a bone mineral density test can be used to assess fracture risk and to establish the diagnosis and severity of the disease in people at risk before they start fracturing their bones; and

Whereas, In 2005, osteoporosis was responsible for an estimated 2 million fractures and $19 billion in costs; and

Whereas, The Surgeon General believes that bone health is critically important to the overall health and quality of the life of Americans; that it is in jeopardy and will only get worse if left unchecked. Great improvements in the bone health status of Americans can be made by applying what is already known about early prevention, assessment, diagnosis, and treatment; and

Whereas, Optimum bone health and prevention of osteoporosis can be maximized by a balanced diet rich in calcium and vitamin D, weight-bearing exercise, and a healthy lifestyle with no smoking or excessive alcohol intake; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare October 20, 2011, as Osteoporosis Awareness and Prevention Day in the state of Michigan. We support the goals and ideals of Osteoporosis Awareness and Prevention Day and urge the people of Michigan to observe appropriate programs and activities with respect to osteoporosis, including talking with their health care professionals about their bone health.

The question being on the adoption of the resolution,

The resolution was adopted.

______

The Speaker called Associate Speaker Pro Tempore Opsommer to the Chair.

Reports of Standing Committees

The Speaker laid before the House

House Resolution No. 75.

A resolution to express opposition to the federal government withholding road funding to the states based on passage of the Safe Teen and Novice Driver Uniform Protection Act (STAND UP Act).

(For text of resolution, see House Journal No. 39, p. 574.)

(The resolution was reported by the Committee on Transportation on May 25.)

The question being on the adoption of the resolution,

The resolution was adopted.

The Speaker laid before the House

House Concurrent Resolution No. 12.

A concurrent resolution to express opposition to the federal government withholding road funding to the states based on passage of the Safe Teen and Novice Driver Uniform Protection Act (STAND UP Act).

(For text of concurrent resolution, see House Journal No. 39, p. 576.)

(The concurrent resolution was reported by the Committee on Transportation on May 25.)

The question being on the adoption of the concurrent resolution,

The concurrent resolution was adopted.

Third Reading of Bills

House Bill No. 4565, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 7212 (MCL 333.7212), as amended by 2010 PA 171.

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

Roll Call No. 156 Yeas—105

Agema Gilbert Lindberg Price

Ananich Glardon Lipton Pscholka

Barnett Goike Liss Rendon

Bledsoe Haines Lori Rogers

Bolger Hammel Lund Rutledge

Brown Haveman Lyons Santana

Brunner Heise MacGregor Schmidt, R.

Bumstead Hobbs MacMaster Schmidt, W.

Byrum Hooker McBroom Scott

Callton Horn McCann Segal

Cavanagh Hovey-Wright McMillin Shaughnessy

Clemente Howze Meadows Shirkey

Constan Hughes Melton Slavens

Cotter Huuki Moss Smiley

Crawford Irwin Muxlow Somerville

Daley Jackson Nathan Stallworth

Damrow Jacobsen Nesbitt Stamas

Darany Jenkins O’Brien Stanley

Denby Johnson Oakes Stapleton

Dillon Kandrevas Olson Switalski

Durhal Knollenberg Opsommer Talabi

Farrington Kowall Ouimet Tlaib

Forlini Kurtz Outman Townsend

Foster LaFontaine Pettalia Tyler

Franz Lane Poleski Yonker

Geiss LeBlanc Potvin Zorn

Genetski

Nays—0

In The Chair: Opsommer

The House agreed to the title of the bill.

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

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

Messages from the Governor

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

Executive Office, Lansing, May 26, 2011

Michigan House of Representatives

State Capitol

Lansing, MI 48909-7536

Ladies and Gentlemen:

Today I have signed Enrolled House Bill 4407, which makes supplemental appropriations for various departments and agencies for the fiscal year ending September 30, 2011. I have, however, disapproved two items pursuant to Section 19 of Article V of the Michigan Constitution of 1963. The specific vetoes are detailed in the attached copy of the bill that has been filed with the Secretary of State.

I have disapproved the Wildfire Protection and the Forest Recreation line items within the Department of Natural Resources because the Department has identified sufficient funds to keep the state forest campground sites operational.

I thank the Legislature for completing this bill.

Respectfully,

Rick Snyder

Governor

The bill was signed by the Governor May 26, 2011, at 3:38 p.m.

The bill was filed with the Secretary of State May 27, 2011, at 9:26 a.m. and assigned Public Act No. 50, I.E.

The question being on the passage of the disapproved items, the objections of the Governor to the contrary notwithstanding,

Rep. Stamas moved that the disapproved line items be re-referred to the Committee on Appropriations.

The motion prevailed.

______

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

The motion prevailed.

By unanimous consent the House returned to the order of

Motions and Resolutions

Rep. Stamas moved that when the House adjourns today it stand adjourned until Wednesday, June 1, at 10:00 a.m.

The motion prevailed.

Announcement by the Clerk of Printing and Enrollment

The Clerk announced the enrollment printing and presentation to the Governor on Thursday, May 26, for his approval of the following bills:

Enrolled House Bill No. 4441 at 3:58 p.m.

Enrolled House Bill No. 4442 at 4:00 p.m.

Enrolled House Bill No. 4443 at 4:02 p.m.

The Clerk announced that the following Senate bill had been received on Thursday, May 26:

Senate Bill No. 130

The Clerk announced that the following bills had been printed and placed upon the files of the members on Friday, May 27:

House Bill Nos. 4684 4685 4686

Reports of Standing Committees

The Committee on Transportation, by Rep. Opsommer, Chair, reported

House Bill No. 4354, entitled

A bill to amend 1949 PA 300, entitled “Michigan vehicle code,” by amending section 811e (MCL 257.811e), as amended by 2009 PA 99, and by adding section 811r.

With the recommendation that the substitute (H-1) 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. Opsommer, Glardon, Daley, Wayne Schmidt, Huuki, Jacobsen, Muxlow, Olson, Ouimet, Somerville, Geiss, Talabi, Nathan, Liss, Byrum, Smiley and Roy Schmidt

Nays: None

COMMITTEE ATTENDANCE REPORT

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