No. 28
STATE OF MICHIGAN
JOURNAL
OF THE
House of Representatives
94thLegislature
REGULAR SESSION OF 2007
House Chamber, Lansing, Wednesday, March 21, 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--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--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--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--present
DeRoche--present Knollenberg--present
e/d/s = entered during session
Rep. Arlan B. Meekhof, from the 89th District, offered the following invocation:
"Gracious Father, we praise You for who You are; Creator, Sustainer, Savior. We come before You in a spirit of repentance, Lord. We know that we are sinners and that we have broken Your will forever with our thoughts and words and deeds. We may even offend one another in this great chamber. Forgive us for this Lord. Thank You for the opportunity to serve on the behalf of the people we represent. Lord with Your guidance, help us to live up to this high calling. Lord I ask You to be present in this chamber. We know that You are above us to watch over us, beside us to befriend us, behind us to encourage us, beneath us to carry, and most of all within us so we may reflect Your love in this great state. Amen."
Reports of Standing Committees
The Speaker laid before the House
House Resolution No. 16.
A resolution to recognize the Vietnamese Freedom and Heritage Flag as the flag of the Vietnamese-American community.
(For text of resolution, see House Journal No. 11, p. 118.)
(The resolution was reported by the Committee on Government Operations on March 20, consideration of which, under the rules, was postponed until today.)
The question being on the adoption of the resolution,
The resolution was adopted.
______
Rep. Pastor moved that Rep. Marleau be excused temporarily from today's session.
The motion prevailed.
The Speaker laid before the House
House Resolution No. 40.
A resolution to memorialize the Congress of the United States to invest in Head Start and quality child care.
(For text of resolution, see House Journal No. 24, p. 277.)
(The resolution was reported by the Committee on Education on March 20, consideration of which, under the rules, was postponed until today.)
The question being on the adoption of the resolution,
Rep. Tobocman demanded the yeas and nays.
The demand was supported.
The question being on the adoption of the resolution,
The resolution was adopted, a majority of the members present voting therefor, by yeas and nays, as follows:
Roll Call No. 55 Yeas--109
Accavitti Dillon Knollenberg Pearce
Acciavatti Donigan Lahti Polidori
Agema Ebli LaJoy Proos
Amos Elsenheimer Law, David Robertson
Angerer Emmons Law, Kathleen Rocca
Ball Espinoza LeBlanc Sak
Bauer Farrah Leland Schuitmaker
Bennett Gaffney Lemmons Scott
Bieda Garfield Lindberg Shaffer
Booher Gillard Mayes Sheen
Brandenburg Gonzales McDowell Sheltrown
Brown Green Meadows Simpson
Byrnes Griffin Meekhof Smith, Alma
Byrum Hammel Meisner Smith, Virgil
Calley Hammon Melton Spade
Casperson Hansen Meltzer Stahl
Caswell Hildenbrand Miller Stakoe
Caul Hood Moolenaar Steil
Cheeks Hoogendyk Moore Tobocman
Clack Hopgood Moss Vagnozzi
Clemente Horn Nitz Valentine
Condino Huizenga Nofs Walker
Constan Hune Opsommer Ward
Corriveau Jackson Palmer Warren
Coulouris Johnson Palsrok Wenke
Cushingberry Jones, Rick Pastor Wojno
Dean Jones, Robert Pavlov Young
DeRoche
Nays--0
In The Chair: Sak
Third Reading of Bills
House Bill No. 4407, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 40111b.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 56 Yeas--110
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
Byrnes Griffin Meekhof Smith, Alma
Byrum Hammel Meisner Smith, Virgil
Calley Hammon Melton Spade
Casperson Hansen Meltzer Stahl
Caswell Hildenbrand Miller Stakoe
Caul Hood Moolenaar Steil
Cheeks Hoogendyk Moore Tobocman
Clack Hopgood Moss Vagnozzi
Clemente Horn Nitz Valentine
Condino Huizenga Nofs Walker
Constan Hune Opsommer Ward
Corriveau Jackson Palmer Warren
Coulouris Johnson Palsrok Wenke
Cushingberry Jones, Rick Pastor Wojno
Dean Jones, Robert Pavlov Young
DeRoche Knollenberg
Nays--0
In The Chair: Sak
The House agreed to the title of the bill.
Rep. Tobocman moved that the bill be given immediate effect.
The motion prevailed, 2/3 of the members serving voting therefor.
House Bill No. 4304, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 636 (MCL 257.636).
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 57 Yeas--93
Accavitti Ebli Lahti Pearce
Amos Elsenheimer LaJoy Polidori
Angerer Emmons Law, David Proos
Ball Espinoza Law, Kathleen Rocca
Bauer Farrah LeBlanc Sak
Bennett Gaffney Leland Schuitmaker
Bieda Gillard Lemmons Scott
Booher Gonzales Lindberg Shaffer
Brown Griffin Marleau Sheltrown
Byrnes Hammel Mayes Simpson
Byrum Hammon McDowell Smith, Alma
Casperson Hansen Meadows Spade
Cheeks Hildenbrand Meekhof Stahl
Clack Hood Meisner Stakoe
Clemente Hoogendyk Melton Tobocman
Condino Hopgood Miller Vagnozzi
Constan Horn Moolenaar Valentine
Corriveau Huizenga Moore Walker
Coulouris Jackson Moss Ward
Cushingberry Johnson Nitz Warren
Dean Jones, Rick Opsommer Wenke
DeRoche Jones, Robert Palsrok Wojno
Dillon Knollenberg Pavlov Young
Donigan
Nays--17
Acciavatti Caul Meltzer Robertson
Agema Garfield Nofs Sheen
Brandenburg Green Palmer Smith, Virgil
Calley Hune Pastor Steil
Caswell
In The Chair: Sak
The House agreed to the title of the bill.
Rep. Tobocman 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. 4100, entitled
A bill to amend 1984 PA 431, entitled "The management and budget act," by amending section 261 (MCL 18.1261), as amended by 2006 PA 622.
The bill was read a second time.
Rep. Wojno moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
House Bill No. 4315, entitled
A bill to amend 1968 PA 318, entitled "An act to implement the provisions of section 10 of article 4 of the constitution relating to substantial conflicts of interest on the part of members of the legislature and state officers in respect to contracts with the state and the political subdivisions thereof; to provide for penalties for the violation thereof; to repeal all acts and parts of acts in conflict with this act; and to validate certain contracts," by amending section 2 (MCL 15.302).
Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Ethics and Elections,
The substitute (H-1) was adopted, a majority of the members serving voting therefor.
Rep. Bieda moved that the bill be placed on the order of Third Reading of Bills.
The motion prevailed.
______
Rep. Tobocman 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
Reps. Ebli, Lindberg, Lahti, Dean, Byrnes, Condino, Schuitmaker, Farrah, Cheeks, Scott, Angerer, Byrum, Miller, Alma Smith, Bauer, Lemmons, Vagnozzi, Accavitti, Ball, Bieda, Brown, Caul, Clack, Cushingberry, Elsenheimer, Gonzales, Hammel, Hammon, Hopgood, Robert Jones, Kathleen Law, LeBlanc, Leland, Mayes, McDowell, Meisner, Opsommer, Palmer, Palsrok, Polidori, Proos, Sak, Shaffer, Sheltrown, Spade, Tobocman and Valentine offered the following resolution:
House Resolution No. 52.
A resolution recognizing March 2007 as Colorectal Cancer Awareness Month in the state of Michigan.
Whereas, March has long been recognized across America as Colorectal Cancer Awareness Month in an effort to raise public awareness about colorectal cancer. It is a serious condition that affects many Michiganians; and
Whereas, Colorectal cancer is the second leading cause of cancer-related death in Michigan for both men and women.The American Cancer Society estimates that 1,750 Michigan men and women will die of colorectal cancer in 2007; and
Whereas, The American Cancer Society further estimates that 5,570 additional Michiganians will be diagnosed with colorectal cancer in 2007. Michigan presently ranks 31st in the nation in colorectal cancer deaths; and
Whereas, Regular screening allows colorectal cancer to be detected early when treatment is most effective. The Michigan Cancer Consortium recommends colorectal cancer screening for men and women starting at age 50; and
Whereas, The survival rate for people with colorectal cancers found early is more than 90 percent. Only 37 percent of colorectal cancers are found early while the cancer is found at the local and most treatable stage. Despite the demonstrated benefits of regular screening and early detection, only 53 percent of Michigan adults over age 50 report being screened; and
Whereas, Michigan citizens can take preventative steps to reduce their risk of colorectal cancer including getting screened regularly and having polyps removed, exercising regularly and maintaining a healthy weight, eating a diet richin fruit, vegetables, and whole grains, and refraining from smoking and the excessive use of alcohol; now, therefore, be it
Resolved, by the House of Representatives, That the members of this legislative body recognize March 2007 as Colorectal Cancer Awareness Month in the state of Michigan; and be it further
Resolved, That we urge all Michiganians to use this month as an opportunity to educate themselves about colorectal cancer and take proactive steps to reduce their risk and get appropriate screening.
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 and joint resolutions had been printed and placed upon the files of the members on Wednesday, March 21:
House Bill Nos. 4477 4478 4479 4480 4481 4482 4483 4484 4485 4486 4487 4488 4489 4490 4491 4492 4493 4494 4495 4496 4497 4498
House Joint Resolutions G H
Senate Bill Nos. 357 358 359 360 361 362
The Clerk announced that the following Senate bill had been received on Wednesday, March 21:
Senate Bill No. 69
Reports of Standing Committees
The Committee on Judiciary, by Rep. Condino, Chair, reported
House Bill No. 4184, entitled
A bill to amend 1953 PA 232, entitled "Corrections code of 1953," by amending section 34a (MCL 791.234a), as amended by 1998 PA 315.
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. Condino, Coulouris, Bieda, Corriveau, Meadows, Meisner, Scott, Warren, Schuitmaker, Stakoe, Rick Jones and Rocca
Nays: Rep. David Law
The Committee on Judiciary, by Rep. Condino, Chair, reported
House Bill No. 4272, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 3b of chapter XI (MCL 771.3b), as amended by 1998 PA 49.
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. Condino, Coulouris, Bieda, Corriveau, Meadows, Meisner, Scott, Warren, Schuitmaker, Stakoe, Rick Jones and Rocca
Nays: Rep. David Law
The Committee on Judiciary, by Rep. Condino, Chair, reported
House Bill No. 4475, entitled
A bill to amend 1953 PA 232, entitled "Corrections code of 1953," by amending sections 35 and 44 (MCL 791.235 and 791.244), section 35 as amended by 1998 PA 315 and section 44 as amended by 1999 PA 191.
With the recommendation that the following amendments be adopted and that the bill then pass.
1. Amend page 7, line 17, after "WITHIN" by striking out "10" and inserting "14".
2. Amend page 10, line 4, by striking out "10" and inserting "14".
The bill and amendments were referred to the order of Second Reading of Bills.
Favorable Roll Call
To Report Out:
Yeas: Reps. Condino, Coulouris, Bieda, Meadows, Meisner, Scott, Virgil Smith and Warren
Nays: Reps. Schuitmaker and Rocca
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Condino, Chair, of the Committee on Judiciary, was received and read:
Meeting held on: Wednesday, March 21, 2007
Present: Reps. Condino, Coulouris, Bieda, Corriveau, Meadows, Meisner, Scott, Virgil Smith, Warren, Schuitmaker, David Law, Stakoe, Rick Jones and Rocca
Absent: Rep. Elsenheimer
Excused: Rep. Elsenheimer
The Committee on Families and Children's Services, by Rep. Clack, Chair, reported
House Bill No. 4482, entitled
A bill to amend 1939 PA 280, entitled "The social welfare act," by amending sections 57d and 57g (MCL 400.57d and 400.57g), section 57d as amended by 2005 PA 323 and section 57g as amended by 2006 PA 468.
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. Clack, Dean, Accavitti, Hammon, Sheen and Hoogendyk
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Clack, Chair, of the Committee on Families and Children's Services, was received and read:
Meeting held on: Wednesday, March 21, 2007
Present: Reps. Clack, Dean, Accavitti, Hammon, Wojno, Sheen, Stahl and Hoogendyk
Absent: Rep. Palmer
Excused: Rep. Palmer
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: Wednesday, March 21, 2007
Present: Reps. Accavitti, Mayes, Angerer, Brown, Clemente, Ebli, Hammon, Hopgood, Lemmons, Lindberg, Melton, Miller, Nofs, Palsrok, Garfield, Huizenga, Horn and Opsommer
Absent: Rep. Moolenaar
Excused: Rep. Moolenaar
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Bieda, Chair, of the Committee on Tax Policy, was received and read:
Meeting held on: Wednesday, March 21, 2007
Present: Reps. Bieda, Condino, Farrah, Robert Jones, Mayes, Meisner, Melton, Sheltrown, Warren, Young, Meltzer, Sheen, Steil, Pastor, Palmer, Wenke and Calley
Notices
March 21, 2007
Mr. Richard J. Brown Clerk
Michigan House of Representatives
State Capitol Building
Lansing, Michigan 48913
Dear Mr. Clerk:
I hereby designate Representative Steve Bieda as Chair of the House portion of the Michigan Capitol Committee.
Sincerely,
Andy Dillon
Speaker of the House of Representatives
Communications from State Officers
The following communication from the Department of Transportation was received and read:
March 19, 2007
I am pleased to provide the Michigan Department of Transportation's report on transportation accessibility for seniors and persons with disabilities for Fiscal Year 2006.
The report is being forwarded to the Legislature for their information pursuant to Section 10e(21) of Act 51 of the Public Acts of 1951, as amended.
Sincerely,
Kirk T. Steudle
Director
The communication was referred to the Clerk.
By unanimous consent the House returned to the order of
Messages from the Senate
Senate Bill No. 69, entitled
A bill to provide for the establishment of a neighborhood improvement authority; to prescribe the powers and duties of the authority; to correct and prevent deterioration in neighborhoods and certain other areas; to authorize the acquisition and disposal of interests in real and personal property; to authorize the creation and implementation of development plans and development areas; to promote residential and economic growth; to create a board; to prescribe the powers and duties of the board; to authorize the issuance of bonds and other evidences of indebtedness; to authorize theuse of tax increment financing; to prescribe powers and duties of certain state officials; to provide for rule promulgation; and to provide for enforcement of the act.
The Senate has passed the bill.
The bill was read a first time by its title and referred to the Committee on Intergovernmental, Urban and Regional Affairs.
By unanimous consent the House returned to the order of
Reports of Standing Committees
The Committee on Military and Veterans Affairs and Homeland Security, by Rep. Polidori, Chair, reported
House Bill No. 4292, entitled
A bill to amend 1955 PA 133, entitled "An act to provide for the granting of military leaves and providing re-employmentprotection for officers and enlisted men of the military or naval forces of the state or of the United States," by amending section 3 (MCL 32.273), as amended by 2002 PA 121.
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. Polidori, Brown, Dean, Lemmons, Sheltrown, Emmons, Garfield, Pastor and Horn
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Polidori, Chair, of the Committee on Military and Veterans Affairs and Homeland Security, was received and read:
Meeting held on: Wednesday, March 21, 2007
Present: Reps. Polidori, Brown, Dean, Lemmons, Sheltrown, Emmons, Garfield, Pastor and Horn
Introduction of Bills
Reps. Jackson, Virgil Smith, Polidori, Johnson, Robert Jones, Lemmons, Leland, Cushingberry and Cheeks introduced
House Bill No. 4499, entitled
A bill to amend 1939 PA 288, entitled "Probate code of 1939," (MCL 710.21 to 712A.32) by adding section 18n to chapter XIIA.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Rep. Cushingberry introduced
House Bill No. 4500, entitled
A bill to amend 1967 PA 281, entitled "Income tax act of 1967," by amending sections 30 and 51e (MCL 206.30 and 206.51e), section 30 as amended by 2005 PA 214 and section 51e as amended by 2003 PA 239.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Rep. Cushingberry introduced
House Bill No. 4501, entitled
A bill to amend 1961 PA 236, entitled "Revised judicature act of 1961," by amending sections 321 and 2543 (MCL 600.321 and 600.2543), section 321 as amended by 2005 PA 326 and section 2543 as amended by 2004 PA 328.
The bill was read a first time by its title and referred to the Committee on Appropriations.
Reps. Wojno, Donigan, Young, Polidori, Bieda and Accavitti introduced
House Bill No. 4502, entitled
A bill to amend 1943 PA 240, entitled "State employees' retirement act," by amending sections 56 and 58 (MCL 38.56 and 38.58), as added by 1996 PA 487.
The bill was read a first time by its title and referred to the Committee on Government Operations.
Reps. Ward, Rocca, Wenke and LaJoy introduced
House Bill No. 4503, entitled
A bill to amend 1972 PA 222, entitled "An act to provide for an official personal identification card; to provide for its form, issuance and use; to regulate the use and disclosure of information obtained from the card; to prescribe the powers and duties of the secretary of state; to prescribe fees; to prescribe certain penalties for violations; and to provide an appropriation for certain purposes," by amending section 2 (MCL 28.292), as amended by 2005 PA 143.
The bill was read a first time by its title and referred to the Committee on Oversight and Investigations.
Reps. Ward and LaJoy introduced
House Bill No. 4504, entitled
A bill to amend 1954 PA 116, entitled "Michigan election law," by amending section 509aa (MCL 168.509aa), as amended by 2004 PA 92.
The bill was read a first time by its title and referred to the Committee on Ethics and Elections.
Reps. Ward, Rocca, Wenke, LaJoy, Green and Hune introduced
House Bill No. 4505, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending sections 303, 307, 307a, 310, and 314 (MCL 257.303, 257.307, 257.307a, 257.310, and 257.314), sections 303, 307, 307a, and 314 as amended by 2006 PA 298 and section 310 as amended by 2005 PA 141.
The bill was read a first time by its title and referred to the Committee on Oversight and Investigations.
Reps. Ward, Wenke and LaJoy introduced
House Bill No. 4506, entitled
A bill to amend 1976 PA 451, entitled "The revised school code," by amending sections 4, 5, and 614 (MCL 380.4, 380.5, and 380.614), sections 4 and 5 as amended by 2005 PA 61 and section 614 as amended by 2004 PA 419.
The bill was read a first time by its title and referred to the Committee on Education.
Reps. Ward, Wenke, LaJoy and Hune introduced
House Bill No. 4507, entitled
A bill to amend 1954 PA 116, entitled "Michigan election law," by amending sections 302 and 644g (MCL 168.302 and 168.644g), section 302 as amended by 2005 PA 71 and section 644g as amended by 2004 PA 293, and by adding section 642c.
The bill was read a first time by its title and referred to the Committee on Education.
Reps. Ward, Rocca, Wenke and LaJoy introduced
House Bill No. 4508, entitled
A bill to amend 1954 PA 116, entitled "Michigan election law," by amending sections 758 and 764b (MCL 168.758 and 168.764b), as amended by 1996 PA 207, and by adding section 763.
The bill was read a first time by its title and referred to the Committee on Ethics and Elections.
Reps. Meltzer, Cushingberry, Meadows, Robert Jones, Condino, Garfield, Brandenburg, Bieda, David Law, Moss, Amos, Gaffney, Pastor, Stakoe, Shaffer, LeBlanc, Warren and Nitz introduced
House Bill No. 4509, entitled
A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 301 (MCL 750.301), as amended by 2002 PA 672.
The bill was read a first time by its title and referred to the Committee on Judiciary.
Rep. Pastor moved that the House adjourn.
The motion prevailed, the time being 3:00 p.m.
The Speaker Pro Tempore declared the House adjourned until Thursday, March 22, at 12:00 Noon.
RICHARD J. BROWN
Clerk of the House of Representatives