No. 41
STATE OF MICHIGAN
JOURNAL
OF THE
House of Representatives
94thLegislature
REGULAR SESSION OF 2007
House Chamber, Lansing, Tuesday, May 1, 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--excused 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--e/d/s 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. Morris W. Hood, III, from the 11th District, offered the following invocation:
"We pray to You today heavenly Father and ask for Your guidance and for Your wisdom to overcome the obstacles that are before this body. We pray for You to remind us that we are doing Your will. Let us pray for our troops and their safe return, who every day, all over the world, are sacrificing so that we can retain our freedom and way of life. Let us pray for the families everywhere who have lost loved ones. Let us pray and not forget for the family of our good friend and colleague Representative Herbert Kehrl. They say that time heals all wounds, but for the family, sometimes the scar is always the reminder. Finally, we pray to remember that we are doing Your will, and Your will is to do what is right for Your children, for You made the ultimate sacrifice for us. We ask this in Your name. Amen."
______
Rep. Booher moved that Rep. Casperson be excused from today's session.
The motion prevailed.
Third Reading of Bills
Senate Bill No. 404, entitled
A bill to make, supplement, and adjust appropriations for various state departments and agencies and for capital outlay for the fiscal year ending September 30, 2007; to provide for the expenditure of the appropriations; and to repeal acts and parts of acts.
The bill was read a third time.
The question being on the passage of the bill,
Rep. Spade moved to amend the bill as follows:
1. Amend page 6, following line 22, by inserting:
"(3) CENTRAL SUPPORT ACCOUNTS
Rent $ (171,000)
GROSS APPROPRIATION $ (171,000)
Appropriated from:
Federal revenues:
Total federal revenues (108,000)
State general fund/general purpose $ (63,000)
(4) PUBLIC ASSISTANCE
Family independence program $ 63,000
GROSS APPROPRIATION $ 63,000
Appropriated from:
State general fund/general purpose $ 63,000"
and adjusting the subtotals, totals, and section 201 accordingly.
2. Amend page 9, following line 10, by inserting:
"DEPARTMENT OF HUMAN SERVICES
Sec. 401. The negative appropriation in part 1 for rent is $171,000.00. The department shall cancel lease number 2703located at 999 W. Fort Street, Lincoln Park, Michigan, and lease number 2713 located at 800 Fullerton, Detroit, Michigan, upon 60 days prior written notice to the lessors. The department is prohibited from expending appropriations for rental payments or operational expenses for the Lincoln Park and Fullerton/Jeffries district offices effective 60 days after the effective date of this act.".
The motion was seconded and the amendments were adopted, a majority of the members serving voting therefor.
The question being on the passage of the bill,
The bill was then passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 124 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
Byrnes Griffin Meekhof Smith, Alma
Byrum Hammel Meisner Smith, Virgil
Calley 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
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.
By unanimous consent the House returned to the order of
Reports of Standing Committees
The Committee on Government Operations, by Rep. Wojno, Chair, reported
House Bill No. 4598, entitled
A bill to authorize the state administrative board to convey certain state owned property in Tuscola county; to prescribe conditions for the conveyance; to provide for disposition of revenue derived from the conveyance; and to provide for certain powers and duties of the department of management and budget.
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. Wojno, Kathleen Law, Condino, Constan, Polidori, Young, Hoogendyk and David Law
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Wojno, Chair, of the Committee on Government Operations, was received and read:
Meeting held on: Tuesday, May 1, 2007
Present: Reps. Wojno, Kathleen Law, Condino, Constan, Polidori, Young, Hoogendyk and David Law
Absent: Rep. Hune
Excused: Rep. Hune
Second Reading of Bills
House Bill No. 4598, entitled
A bill to authorize the state administrative board to convey certain state owned property in Tuscola county; to prescribe conditions for the conveyance; to provide for disposition of revenue derived from the conveyance; and to provide for certain powers and duties of the department of management and budget.
The bill was read a second time.
Rep. Brown 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.
______
Rep. Jackson entered the House Chambers.
By unanimous consent the House returned to the order of
Third Reading of Bills
House Bill No. 4598, entitled
A bill to authorize the state administrative board to convey certain state owned property in Tuscola county; to prescribe conditions for the conveyance; to provide for disposition of revenue derived from the conveyance; and to provide for certain powers and duties of the department of management and budget.
Was read a third time and passed, a majority of the members serving voting therefor, by yeas and nays, as follows:
Roll Call No. 125 Yeas--109
Accavitti Donigan Lahti Pearce
Acciavatti Ebli LaJoy Polidori
Agema Elsenheimer Law, David Proos
Amos Emmons Law, Kathleen Robertson
Angerer Espinoza LeBlanc Rocca
Ball Farrah Leland Sak
Bauer Gaffney Lemmons Schuitmaker
Bennett Garfield Lindberg Scott
Bieda Gillard Marleau Shaffer
Booher Gonzales Mayes Sheen
Brandenburg Green McDowell Sheltrown
Brown Griffin Meadows Simpson
Byrnes Hammel Meekhof Smith, Alma
Byrum Hammon Meisner Smith, Virgil
Calley Hansen Melton Spade
Caswell Hildenbrand Meltzer Stahl
Caul Hood Miller Stakoe
Cheeks Hoogendyk Moolenaar Steil
Clack Hopgood Moore Tobocman
Clemente Horn Moss Vagnozzi
Condino Huizenga Nitz Valentine
Constan Hune Nofs Walker
Corriveau Jackson Opsommer Ward
Coulouris Johnson Palmer Warren
Cushingberry Jones, Rick Palsrok Wenke
Dean Jones, Robert Pastor Wojno
DeRoche Knollenberg Pavlov Young
Dillon
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.
By unanimous consent the House returned to the order of
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 Friday, April 27:
House Bill Nos. 4673 4674 4675 4676 4677 4678 4679 4680 4681
Senate Bill Nos. 449 450 451 452 453 454 455 456 457 458 459 460 461 462 463 464 465 466
Reports of Standing Committees
The Committee on Commerce, by Rep. Meisner, Chair, reported
House Bill No. 4629, entitled
A bill to amend 1974 PA 198, entitled "An act to provide for the establishment of plant rehabilitation districts and industrial development districts in local governmental units; to provide for the exemption from certain taxes; to levy and collect a specific tax upon the owners of certain facilities; to impose and provide for the disposition of an administrative fee; to provide for the disposition of the tax; to provide for the obtaining and transferring of an exemption certificate and to prescribe the contents of those certificates; to prescribe the powers and duties of the state tax commission and certain officers of local governmental units; and to provide penalties," by amending section 3 (MCL 207.553), as amended by 1996 PA 1.
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. Meisner, Robert Jones, Accavitti, Byrum, Clemente, Coulouris, Dean, Griffin, Johnson, Sheltrown, Simpson, Valentine, Hildenbrand, Palsrok, Stakoe, Knollenberg and Meltzer
Nays: None
The Committee on Commerce, by Rep. Meisner, Chair, reported
Senate Bill No. 400, entitled
A bill to amend 1974 PA 198, entitled "An act to provide for the establishment of plant rehabilitation districts and industrial development districts in local governmental units; to provide for the exemption from certain taxes; to levy and collect a specific tax upon the owners of certain facilities; to impose and provide for the disposition of an administrative fee; to provide for the disposition of the tax; to provide for the obtaining and transferring of an exemption certificate and to prescribe the contents of those certificates; to prescribe the powers and duties of the state tax commission and certain officers of local governmental units; and to provide penalties," by amending section 2 (MCL 207.552), as amended by 2005 PA 267.
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. Meisner, Robert Jones, Accavitti, Byrum, Clemente, Coulouris, Dean, Griffin, Johnson, Sheltrown, Simpson, Valentine, Hildenbrand, Palsrok, Stakoe, Knollenberg and Meltzer
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Meisner, Chair, of the Committee on Commerce, was received and read:
Meeting held on: Tuesday, May 1, 2007
Present: Reps. Meisner, Robert Jones, Accavitti, Byrum, Clemente, Coulouris, Dean, Griffin, Johnson, Sheltrown, Simpson, Valentine, Hildenbrand, Palsrok, Stakoe, Knollenberg and Meltzer
Absent: Reps. Huizenga and Rick Jones
Excused: Reps. Huizenga and Rick Jones
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Miller, Chair, of the Committee on Labor, was received and read:
Meeting held on: Tuesday, May 1, 2007
Present: Reps. Miller, Meadows, Constan, Farrah, Hopgood, Lindberg, Wenke, LaJoy, Steil and Rick Jones
Absent: Rep. Bieda
Excused: Rep. Bieda
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, May 1, 2007
Present: Reps. Bieda, Condino, Farrah, Robert Jones, Mayes, Meisner, Melton, Warren, Young, Meltzer, Sheen, Steil, Pastor, Palmer, Wenke and Calley
Absent: Rep. Sheltrown
Excused: Rep. Sheltrown
Notices
I hereby give notice that on the next legislative session day I will move to discharge the Committee on Tax Policy from further consideration of House Bill No. 4500.
Rep. Cushingberry
Communications from State Officers
The following communication from the Auditor General was received and read:
April 27, 2007
Enclosed is a copy of the following audit report and/or report summary:
Financial audit, including the provisions of the Single Audit Act, of the
Michigan Strategic Fund,
(A Component Unit of the State of Michigan),
for the period October 1, 2004 through September 30, 2006
Sincerely,
Thomas H. McTavish, C.P.A.
Auditor General
The communication was referred to the Clerk and the accompanying report referred to the Committee on Government Operations.
By unanimous consent the House returned to the order of
Motions and Resolutions
Reps. Warren, Bauer, Alma Smith, Coulouris, Farrah, Condino, Valentine, Bennett, Ebli, Mayes, Byrnes, Miller, Leland, Polidori, Hood, Meadows, Donigan, Accavitti, Brown, Clack, Constan, Cushingberry, Gillard, Gonzales, Hammel, Hammon, Hopgood, Johnson, Robert Jones, Lahti, Kathleen Law, LeBlanc, Meisner, Melton, Pastor, Spade, Tobocman and Vagnozzi offered the following resolution:
House Resolution No. 80.
A resolution to memorialize the Congress of the United States to adopt and submit to the states for ratification an amendment to the United States Constitution to provide for equal rights for women.
Whereas, In spite of the clear progress that has been made over the years, women continue to face discrimination andinequality across our country. Inequities between men and women in employment and compensation, insurance, health care, education, pension and retirement, and many other areas of American life are indisputable and well documented; and
Whereas, While laws to counteract discrimination have in many situations been helpful in combating injustices, the lack of full constitutional protection for women is a glaring weakness. As a result of this omission, the American ideal of true equality for all remains elusive, well into the third century of our nation's history; and
Whereas, The Women's Equality Amendment to the United States Constitution is before the 110th Congress. It would add long-overdue language to provide that equality of rights under the law shall not be denied or abridged on account of sex. This simple, yet fundamental protection has been the goal of fair-minded citizens and groups since it was first proposed in 1923; and
Whereas, Adding the Women's Equality Amendment to our nation's fundamental law to ensure the legal standing of half of our population is essential to creating our more perfect union; now, therefore, be it
Resolved by the House of Representatives, That we memorialize the Congress of the United States to adopt and submit to the states for ratification an amendment to the United States Constitution to provide for equal rights for women; 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 Judiciary.
Reps. Rick Jones, Bauer, Booher, Brandenburg, Caul, Dean, Elsenheimer, Green, Hammon, Hansen, Horn, LaJoy, Kathleen Law, Lemmons, Mayes, Palmer, Pastor, Pearce, Shaffer, Stahl, Stakoe and Steil offered the following resolution:
House Resolution No. 81.
A resolution to memorialize the United States Congress to enact the Education Begins at Home Act.
Whereas, Each year, an estimated 2.7 million children in America are abused or neglected, including 900,000 cases thatare actually investigated and verified by overburdened state child protection systems. Nationally, more than 1,400 childrendie from abuse or neglect each year. Over half of them were previously unknown to child protective services. In Michigan during 2005, 147,628 families were investigated for suspected child maltreatment. In those families investigated, 28,154 children were confirmed to be victims of child abuse and neglect. Of all confirmed cases of abuse and neglect, more than a third involved children three years old or younger. Another 19,265 children were in out-of-home placement as the result of child abuse and neglect and delinquency; and
Whereas, Children who survive abuse or neglect likely carry the emotional scars for life, while studies also show thatbeing abused or neglected multiplies the risk that a child will grow up to be violent. The best available research indicates that, based on confirmed cases of child abuse and neglect in just one year, of these children, there will be an additional 35,000 adult violent criminals and more than 250 murderers who would never have become violent criminals if not for the abuse or neglect they endured as children. Fortunately, evidence-based in-home parent coaching programs can preventchild abuse and neglect, and reduce later crime and violence. In general, these programs provide voluntary coaching to parents of children up to five years old in home settings for some period of time; and
Whereas, A number of programs exist to help parents. The Nurse Family Partnership randomly assigned interested at-risk pregnant women to receive in-home visits by nurses starting before the birth of the first child and continuing until the child was two years old. The program cut abuse and neglect among at-risk children in half according to research published in a leading medical journal. In addition, children of mothers who received this coaching had 59% fewer arrests by age 15 than the children of mothers who were not coached. Yet this program reaches only a tiny fraction of eligible parents. Other major home visiting programs include Parents as Teachers, Healthy Families America, Early Head Start, Home Instruction for Parents of Preschool Youngsters, and the Parent-Child Home Program. However, hundreds of thousands of at-risk mothers across the country receive no in-home parent coaching. The impacts of child abuse and neglect cost Americans $94 billion a year. In 2005, the direct cost of child abuse and neglect in Michigan was an estimated $531,744,598. Prevention efforts such as Michigan's 0-3 Secondary Prevention Initiative, which reflects the use of a variety of program models, saved an estimated $41,268,095 in direct costs associated with child abuse and neglect; and
Whereas, In the 109th Congress, Senator Bond and Representatives Davis and Platts, together with many of their colleagues, cosponsored the bipartisan Education Begins at Home Act in the Senate and House (S. 503/H.R. 3628) to provide grants to help states establish or expand voluntary in-home parent coaching programs for families with young children. The Education Begins at Home Act would have authorized $400 million over three years in grants from the United States Department of Health and Human Services for voluntary in-home parent coaching programs. The Education Begins at Home Act would also have authorized $100 million over three years in grants for voluntary in-home parent coaching programs for English language learners and military families. These programs would strengthen Early Head Start, which includes center-based and in-home parent coaching components. Each of the major home visiting programs operates in Michigan, and the Education Begins at Home Act would allow program flexibility so that states would not be tied to one particular model. These voluntary programs would help new parents learn skills to promote healthy child development and be better parents; now, therefore, be it
Resolved by the House of Representatives, That we memorialize the United States Congress to reintroduce an expanded Education Begins at Home Act. We encourage sponsors of the new bill to include separate funding authorization levels for each of the next five years, to target funding first toward jurisdictions with the greatest need, and to ensure that funding priority be given to evidence-based approaches that deliver effective results in improving outcomes for children and families; 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 Education.
Reps. Angerer, Rick Jones, Condino, Warren, Ebli, Polidori, Green, Gaffney, McDowell, Dean, Meadows, Byrum, Bauer, Gonzales, Accavitti, Ball, Brandenburg, Brown, Caswell, Caul, Clack, Constan, Cushingberry, Elsenheimer, Farrah, Gillard, Hammel, Hammon, Hansen, Hood, Hopgood, Johnson, Robert Jones, Lahti, LaJoy, Kathleen Law, LeBlanc, Leland, Lemmons, Mayes, Meisner, Melton, Miller, Opsommer, Palmer, Pastor, Pearce, Rocca, Sak, Sheltrown, Simpson, Alma Smith, Spade, Stahl, Tobocman, Vagnozzi, Valentine and Wojno offered the following resolution:
House Resolution No. 82.
A resolution to memorialize the United States Congress to increase funding for research into the causes and treatment of autism and to improve training and support for individuals with autism and those who care for individuals with autism.
Whereas, Autism is a developmental disorder that is typically diagnosed during the first 3 years of life, diminishing individuals' ability to communicate and interact with others. It affects an estimated 1 in every 150 children in the United States and is 4 times more likely to occur in boys than in girls. Autism can affect anyone, regardless of race, ethnicity, or other factors; and
Whereas, It costs approximately $80,000 per year to treat an individual with autism in a medical center specializing in developmental disabilities. In addition to its impact on individuals and families, autism also has a major impact in the schools; and
Whereas, Parents and others seeking to help children with autism are aware of the shortage of appropriately trained teachers who have the skills and support necessary to teach, assist, and respond to special needs students, including those with autism, in our school systems; and
Whereas, While we recognize and support the federal government's more than 30-year-old commitment to provide states with 40 percent of the costs needed to educate children with disabilities under part B of the Individuals with Disabilities Education Act, there remains a great deal of need related to autism; and
Whereas, Despite the fact that autism is one of the most common developmental disorders, many professionals in the medical and educational fields are still unaware of the best methods to diagnose and treat the disorder; now, therefore, be it
Resolved by the House of Representatives, That we memorialize the United States Congress to increase federal funding for aggressive research to learn the root causes of autism, identify the best methods of early intervention and treatment, expand programs for individuals with autism across their life spans, and promote understanding of the special needs of people with autism; 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 Michigan's congressional delegation.
The resolution was referred to the Committee on Health Policy.
Reps. Caswell, Green, Dean, Meadows, Ball, Booher, Brandenburg, Brown, Caul, Clack, Hansen, LaJoy, Leland, Palmer, Pastor, Pearce, Shaffer, Stahl, Stakoe and Tobocman offered the following resolution:
House Resolution No. 83.
A resolution to express support for the Republic of China on Taiwan's participation in the World Health Organization and the World Health Assembly.
Whereas, The preservation of good health is essential to all citizens of the world, and access to quality health programs is a necessity for this to occur; and
Whereas, The Republic of China on Taiwan was a founding member of the World Health Organization (WHO), and it has continued to express a willingness to assist, financially and technically, international health programs supported by the WHO; and
Whereas, The Republic of China on Taiwan has a population larger than 75 percent of WHO member countries, is a vibrant democracy, and is an economic presence that has continued to play an important role in the international arena, as seen through the collaboration of the United States Centers for Disease Control and Prevention and its Taiwanese counterpart; and
Whereas, The World Health Assembly (WHA) has allowed observers to participate in the activities of this organization in the past; now, therefore, be it
Resolved by the House of Representatives, That we express support for the Republic of China on Taiwan's meaningful and appropriate participation in the World Health Organization and the World Health Assembly; and be it further
Resolved, That copies of this resolution be transmitted to Thomas Cheng, Director General of the Taipei Economic and Cultural Office in Chicago, and the World Health Organization.
The resolution was referred to the Committee on New Economy and Quality of Life.
Reps. Hammon, Accavitti, Bauer, Brandenburg, Brown, Clack, Condino, Constan, Dean, Elsenheimer, Farrah, Gillard, Gonzales, Green, Hammel, Hansen, Hood, Hopgood, Johnson, Rick Jones, Robert Jones, Kathleen Law, LeBlanc, Lemmons, Mayes, Meadows, Meisner, Melton, Polidori, Rocca, Sak, Shaffer, Alma Smith, Spade, Tobocman and Valentine offered the following resolution:
House Resolution No. 84.
A resolution recognizing May 1, 2007, as Law Day in the state of Michigan.
Whereas, Law Day is a celebration of our nation's great heritage of liberty, justice, and equality under law; and
Whereas, All youth need to understand their rights and responsibilities under the law to become effective participants in our nation's civic life; and
Whereas, The Law Day 2007 theme of "Liberty Under Law: Empowering Youth, Assuring Democracy" encourages us to assure that our youth are equipped with the knowledge and skills necessary to effectively make their voices heard within our democracy; now, therefore, be it
Resolved by the House of Representatives, That the members of this legislative body recognize May 1, 2007, as LawDay in the state of Michigan; and be it further
Resolved, That the citizens, schools, businesses, and media of the state of Michigan are encouraged to use this occasion to preserve and strengthen the rule of law.
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. Meekhof, Booher, Caul, Elsenheimer, Hammel, Hildenbrand, Robert Jones, LaJoy, LeBlanc, Lemmons, Opsommer, Palmer, Pastor, Pearce, Sak, Stahl and Steil offered the following resolution:
House Resolution No. 85.
A resolution recognizing April 30 - May 6, 2007, as National Charter Schools Week in the state of Michigan.
Whereas, Charter schools are locally established and founded in communities across the state, offering new educational opportunities to tens of thousands of students and families; and
Whereas, Michigan's 229 charter schools and the dedicated staff and students who work therein are bringing fresh ideas and perspectives to K-12 education; and
Whereas, Charter schools are giving all parents more choices in their children's education; and
Whereas, Charter public schools encourage competition and are accountable to the public through public universities, community colleges, and local and intermediate school districts that help establish and oversee these schools; and
Whereas, Michigan's charter experience has resulted in a nationally-recognized system of leadership, performance, and accountability that delivers effective results for the students and families it serves; and
Whereas, Charter schools are making great progress toward closing the achievement gap for urban, minority, and poor children across our state; now, therefore, be it
Resolved by the House of Representatives, That the members of this legislative body recognize April 30 - May 6, 2007, as National Charter Schools Week in the state of Michigan in honor of these schools and their past, present, and future achievements.
The resolution was referred to the Committee on Education.
Reps. Palmer, Ball, Booher, Brandenburg, Brown, Caul, Clack, Dean, Elsenheimer, Hammel, Hammon, Hansen, Hildenbrand, Hopgood, Huizenga, Rick Jones, Robert Jones, Lahti, LaJoy, Kathleen Law, Leland, Mayes, Pastor, Pearce, Polidori, Proos, Rocca, Sak, Shaffer, Sheltrown, Stahl, Valentine and Wojno offered the following resolution:
House Resolution No. 86.
A resolution commemorating September 2007 as Children's Internet Safety Month in the state of Michigan.
Whereas, The Internet is one of the most effective tools available for purposes of education and research and gives children the means to make friends and freely communicate with peers and family anywhere in the world; and
Whereas, It is vital to the well-being of children that the Internet offer them a wholesome environment to explore andthat its capacity to deliver pornographic material to the innocent be responsibly monitored and effectively screened; and
Whereas, Children are ill-equipped to cope with lurid Internet content and cyberpredators and are at risk in their own homes, schools, and libraries; and
Whereas, Parents, religious and government leaders, educators, and rational-thinking people everywhere are concernedabout children's Internet safety, Web manipulation by the unscrupulous, and the rising tide of pornographic Web sites; and
Whereas, Objectionable material, such as violent, obscene, or sexually explicit adult material may be received by a minor in an unsolicited form; and
Whereas, It is imperative that Michigan parents, guardians, grandparents, teachers, and family members, along with churches, business and community leaders, and organizations, be alerted to the pervasiveness and danger of pornography on the Internet. Support of this public service initiative will improve the Internet culture within their own spheres of influence; and
Whereas, The century of instant global communication holds great promise for achieving better understanding among people of the world. A broader resolve is heralded to protect the safety of children in order that the Internet not be perceived as an instrument of cunning, pornographic invitation to the young, but as evidence of profound respect for human dignity, creative inquiry, and commitment to excellence; now, therefore, be it
Resolved by the House of Representatives, That the members of this legislative body commemorate September 2007 as Children's Internet Safety Month in the state of Michigan and express our support for efforts to protect our children against harmful Internet materials; and be it further
Resolved, That a copy of this resolution be transmitted to Governor Jennifer Granholm and Lieutenant Governor John Cherry.
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. Sak, Ball, Bauer, Booher, Brandenburg, Brown, Byrnes, Caswell, Caul, Condino, Constan, Cushingberry, Dean, Elsenheimer, Farrah, Gillard, Gonzales, Hammel, Hammon, Hansen, Hildenbrand, Hopgood, Horn, Huizenga, Johnson, Rick Jones, Robert Jones, Lahti, Kathleen Law, LeBlanc, Leland, Lemmons, Mayes, Meadows, Meekhof, Meisner, Melton, Miller, Opsommer, Pastor, Pearce, Polidori, Proos, Rocca, Shaffer, Sheltrown, Alma Smith, Spade, Stahl, Tobocman, Valentine and Wojno offered the following resolution:
House Resolution No. 87.
A resolution recognizing the 70th anniversary of the Michigan United Conservation Club.
Whereas, We are proud to honor and recognize the Michigan United Conservation Club on the celebration of its 70thanniversary on Tuesday, May 1, 2007; and
Whereas, On November 9, 1937, 92 conservationists representing 35 outdoor clubs held a historic meeting at the Shiawassee Conservation Association. To protect Michigan's out-of-doors, they formed a united front for conservation and created the Michigan United Conservation Club (MUCC); and
Whereas, Today, MUCC is the largest statewide conservation organization in the nation, with nearly 100,000 members and more than 500 affiliated clubs. For 70 years, MUCC has worked to accomplish its mission of uniting citizens to conserve Michigan's natural resources and protect our outdoor heritage. MUCC works to conserve Michigan's wildlife, fisheries, waters, forests, air, and soils by providing information, education and advocacy; and
Whereas, To build an environmentally literate citizenry, MUCC informs and educates the public on conservation issues. Michigan Out-of-Doors multimedia educates members and the public on important conservation issues while featuring hunting, fishing, and other outdoor recreation. Michigan Out-of-Doors magazine has been the official monthly publication of MUCC since 1947 and hundreds of thousands of viewers watch Michigan Out-of-Doors television each week; and
Whereas, MUCC provides environmental education to conserve our natural resources now and for future generations through its many publications and year around outdoor events; and
Whereas, MUCC advocates for the wise and scientific management of Michigan's natural resources through public policy and litigation. The organization maintains working relationships with state and federal agencies, legislators, and other key leaders to influence the direction of natural resource issues; now, therefore, be it
Resolved by the House of Representatives, That the members of this legislative body recognize the 70th anniversary of the Michigan United Conservation Club on Tuesday, May 1, 2007.
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. Warren, Bauer, Alma Smith, Coulouris, Farrah, Condino, Valentine, Bennett, Ebli, Mayes, Byrnes, Miller, Leland, Polidori, Hood, Meadows, Donigan, Accavitti, Brown, Clack, Cushingberry, Dean, Gillard, Gonzales, Hammel, Hammon, Hopgood, Johnson, Robert Jones, Kathleen Law, LeBlanc, Meisner, Melton, Pastor, Spade, Tobocman and Vagnozzi offered the following concurrent resolution:
House Concurrent Resolution No. 21.
A concurrent resolution to memorialize the Congress of the United States to adopt and submit to the states for ratification an amendment to the United States Constitution to provide for equal rights for women.
Whereas, In spite of the clear progress that has been made over the years, women continue to face discrimination and inequality across our country. Inequities between men and women in employment and compensation, insurance, health care, education, pension and retirement, and many other areas of American life are indisputable and well documented; and
Whereas, While laws to counteract discrimination have in many situations been helpful in combating injustices, the lack of full constitutional protection for women is a glaring weakness. As a result of this omission, the American ideal of true equality for all remains elusive, well into the third century of our nation's history; and
Whereas, The Women's Equality Amendment to the United States Constitution is before the 110th Congress. It would add long-overdue language to provide that equality of rights under the law shall not be denied or abridged on account of sex. This simple, yet fundamental protection has been the goal of fair-minded citizens and groups since it was first proposed in 1923; and
Whereas, Adding the Women's Equality Amendment to our nation's fundamental law to ensure the legal standing of half of our population is essential to creating our more perfect union; now, therefore, be it
Resolved by the House of Representatives (the Senate concurring), That we memorialize the Congress of the UnitedStates to adopt and submit to the states for ratification an amendment to the United States Constitution to provide for equal rights for women; 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 concurrent resolution was referred to the Committee on Judiciary.
Reports of Standing Committees
The Committee on Tourism, Outdoor Recreation and Natural Resources, by Rep. Sheltrown, Chair, reported
House Bill No. 4463, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 30106 (MCL 324.30106), as added by 1995 PA 59, and by adding section 30106a.
With the recommendation that the substitute (H-2) 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. Sheltrown, Ebli, Brown, Hammon, Kathleen Law, Lindberg, Simpson, Walker and Horn
Nays: Rep. Stakoe
The Committee on Tourism, Outdoor Recreation and Natural Resources, by Rep. Sheltrown, Chair, reported
House Bill No. 4464, entitled
A bill to amend 1967 PA 288, entitled "Land division act," by amending section 253 (MCL 560.253).
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. Sheltrown, Ebli, Brown, Hammon, Lindberg, Simpson, Walker and Horn
Nays: Reps. Kathleen Law and Stakoe
The Committee on Tourism, Outdoor Recreation and Natural Resources, by Rep. Sheltrown, Chair, reported
House Bill No. 4597, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 504 (MCL 324.504), as amended by 2004 PA 130.
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. Sheltrown, Ebli, Brown, Hammon, Kathleen Law, Lindberg, Simpson, Walker, Stakoe and Horn
Nays: None
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Sheltrown, Chair, of the Committee on Tourism, Outdoor Recreation and Natural Resources, was received and read:
Meeting held on: Tuesday, May 1, 2007
Present: Reps. Sheltrown, Ebli, Brown, Hammon, Kathleen Law, Lindberg, Simpson, Walker, Stakoe and Horn
Absent: Rep. Casperson
Excused: Rep. Casperson
The Committee on Ethics and Elections, by Rep. Corriveau, Chair, reported
House Bill No. 4628, entitled
A bill to amend 1976 PA 388, entitled "Michigan campaign finance act," by amending sections 4, 15, 16, 17, 18, 21, 22, 23, 24, 26, 30, 33, 34, 35, 36, 46, 47, 50, 51, 55, 57, 63, 64, 65, 67, 68, and 69 (MCL 169.204, 169.215, 169.216, 169.217, 169.218, 169.221, 169.222, 169.223, 169.224, 169.226, 169.230, 169.233, 169.234, 169.235, 169.236, 169.246, 169.247, 169.250, 169.251, 169.255, 169.257, 169.263, 169.264, 169.265, 169.267, 169.268, and 169.269), sections 4, 17, 21, 23, and 51 as amended by 1989 PA 95, sections 15, 26, 47, 57, and 69 as amended by 2001 PA 250, section 16 as amended by 2000 PA 50, section 18 as amended by 2006 PA 89, sections 22 and 24 as amended by 1999 PA 237, section 30 as added by 1997 PA 71, sections 33 and 34 as amended by 1999 PA 238, section 35 as amended by 2000 PA 75, section 36 as amended by 1996 PA 590, section 50 as added by 1994 PA 385, section 55 as amended by 1995 PA 264, sections 64 and 65 as amended by 1993 PA 262, and section 67 as amended by 1994 PA 411, and by adding sections 43a, 48, and 57a.
With the recommendation that the substitute (H-4) 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. Corriveau, Clemente, Bieda, Donigan and Hammon
Nays: Reps. Pearce and Wenke
COMMITTEE ATTENDANCE REPORT
The following report, submitted by Rep. Corriveau, Chair, of the Committee on Ethics and Elections, was received and read:
Meeting held on: Tuesday, May 1, 2007
Present: Reps. Corriveau, Clemente, Bieda, Donigan, Hammon, Pearce and Wenke
Absent: Rep. Ward
Excused: Rep. Ward
Introduction of Bills
Rep. Gaffney introduced
House Bill No. 4682, entitled
A bill to amend 1941 PA 122, entitled "An act to establish the revenue collection duties of the department of treasury; to prescribe its powers and duties as the revenue collection agency of this state; to prescribe certain powers and duties of the state treasurer; to establish the collection duties of certain other state departments for money or accounts owed to this state; to regulate the importation, stamping, and disposition of certain tobacco products; to provide for the transfer of powers and duties now vested in certain other state boards, commissions, departments, and offices; to prescribe certain duties of and require certain reports from the department of treasury; to provide procedures for the payment, administration, audit, assessment, levy of interests or penalties on, and appeals of taxes and tax liability; to prescribe its powers and duties if an agreement to act as agent for a city to administer, collect, and enforce the city income tax act on behalf of a city is entered into with any city; to provide an appropriation; to abolish the state board of tax administration; to prescribe penalties and provide remedies; and to declare the effect of this act," by amending section 31 (MCL 205.31), as amended by 2002 PA 657.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Rep. Gaffney introduced
House Bill No. 4683, entitled
A bill to amend 2004 PA 452, entitled "Identity theft protection act," by amending section 11 (MCL 445.71).
The bill was read a first time by its title and referred to the Committee on Banking and Financial Services.
Reps. Accavitti, Farrah, Angerer, Gillard, Tobocman, Rocca, Gaffney, Wojno, Ward, Hopgood, Melton and Meadows introduced
House Bill No. 4684, entitled
A bill to amend 1998 PA 58, entitled "Michigan liquor control code of 1998," by amending sections 707, 801, 901, 906, 1015, and 1025 (MCL 436.1707, 436.1801, 436.1901, 436.1906, 436.2015, and 436.2025), section 906 as amended by 2000 PA 431 and section 1025 as amended by 2002 PA 725.
The bill was read a first time by its title and referred to the Committee on Regulatory Reform.
Reps. Brown, Mayes, Espinoza, Hune, Nofs, Spade, Lindberg, Lahti, Simpson, Gillard, Garfield, Palmer, McDowell, Polidori, Constan, Byrum, Byrnes, Wojno and Accavitti introduced
House Bill No. 4685, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding part 29.
The bill was read a first time by its title and referred to the Committee on Agriculture.
Rep. Caswell introduced
House Bill No. 4686, entitled
A bill to amend 1893 PA 206, entitled "The general property tax act," by amending sections 10c and 10d (MCL 211.10c and 211.10d), section 10d as amended by 1984 PA 19.
The bill was read a first time by its title and referred to the Committee on Tax Policy.
Reps. Caswell, Green, Hansen, Dean and Meadows introduced
House Bill No. 4687, entitled
A bill to amend 1949 PA 300, entitled "Michigan vehicle code," by amending section 801 (MCL 257.801), as amended by 2006 PA 562.
The bill was read a first time by its title and referred to the Committee on Transportation.
Reps. Nitz, Meekhof, Garfield, Hansen, Mayes, Walker, Accavitti, Donigan, Espinoza, Kathleen Law, Sheltrown, Shaffer, Green and Hammel introduced
House Bill No. 4688, entitled
A bill to amend 1956 PA 40, entitled "The drain code of 1956," by amending section 196 (MCL 280.196), as amended by 1989 PA 149.
The bill was read a first time by its title and referred to the Committee on Agriculture.
Reps. Acciavatti and Palmer introduced
House Bill No. 4689, entitled
A bill to amend 1980 PA 300, entitled "The public school employees retirement act of 1979," by amending section 91 (MCL 38.1391), as amended by 2006 PA 617.
The bill was read a first time by its title and referred to the Committee on Education.
Reps. Palmer, Dean, Acciavatti, Nitz, Hoogendyk, Brown and Sheltrown introduced
House Bill No. 4690, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending sections 8803 and 8807 (MCL 324.8803 and 324.8807), as added by 1998 PA 287.
The bill was read a first time by its title and referred to the Committee on Agriculture.
Reps. Schuitmaker, Angerer, Elsenheimer, Farrah, Spade, Hammon, Hildenbrand and Moss introduced
House Bill No. 4691, entitled
A bill to revise, consolidate, and codify the laws relating to fireworks; to regulate the purchase, possession, sale, and use of fireworks; to provide for penalties and remedies; and to prescribe the powers and duties of certain state agencies.
The bill was read a first time by its title and referred to the Committee on Regulatory Reform.
Reps. Farrah, Schuitmaker, Angerer, Elsenheimer, Spade, Hammon, Hildenbrand and Moss introduced
House Bill No. 4692, entitled
A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 411 (MCL 750.411), as amended by 2000 PA 339.
The bill was read a first time by its title and referred to the Committee on Regulatory Reform.
Reps. Angerer, Schuitmaker, Elsenheimer, Farrah, Spade, Hammon, Hildenbrand and Moss introduced
House Bill No. 4693, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 11c of chapter XVII (MCL 777.11c), as added by 2002 PA 31.
The bill was read a first time by its title and referred to the Committee on Regulatory Reform.
Reps. Farrah, Schuitmaker, Angerer, Elsenheimer, Spade, Hammon and Hildenbrand introduced
House Bill No. 4694, entitled
A bill to amend 1931 PA 328, entitled "The Michigan penal code," (MCL 750.1 to 750.568) by repealing chapter XXXIX.
The bill was read a first time by its title and referred to the Committee on Regulatory Reform.
Reps. Hildenbrand, Farrah, Angerer, Elsenheimer, Schuitmaker, Hammon and Moss introduced
House Bill No. 4695, entitled
A bill to amend 1931 PA 328, entitled "The Michigan penal code," by amending section 243e (MCL 750.243e).
The bill was read a first time by its title and referred to the Committee on Regulatory Reform.
Reps. Hammon, Schuitmaker, Hildenbrand, Angerer, Farrah and Moss introduced
House Bill No. 4696, entitled
A bill to amend 1927 PA 175, entitled "The code of criminal procedure," by amending section 16n of chapter XVII (MCL 777.16n), as amended by 2002 PA 321.
The bill was read a first time by its title and referred to the Committee on Regulatory Reform.
Rep. Stakoe introduced
House Bill No. 4697, entitled
A bill to amend 2005 PA 280, entitled "Corridor improvement authority act," by amending section 5 (MCL 125.2875).
The bill was read a first time by its title and referred to the Committee on Transportation.
Rep. Stakoe introduced
House Bill No. 4698, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," (MCL 324.101 to 324.90106) by adding section 30111a.
The bill was read a first time by its title and referred to the Committee on Tourism, Outdoor Recreation and Natural Resources.
Reps. Meekhof, Schuitmaker, Garfield, Hammon, Green, Pearce, Bauer, Nitz, Rick Jones, Knollenberg, Warren and Dean introduced
House Bill No. 4699, entitled
A bill to amend 1994 PA 451, entitled "Natural resources and environmental protection act," by amending section 80105 (MCL 324.80105), as added by 1995 PA 58, and by adding section 80155a.
The bill was read a first time by its title and referred to the Committee on Tourism, Outdoor Recreation and Natural Resources.
______
Rep. Melton moved that the House adjourn.
The motion prevailed, the time being 5:10 p.m.
The Speaker Pro Tempore declared the House adjourned until Wednesday, May 2, at 1:30 p.m.
RICHARD J. BROWN
Clerk of the House of Representatives