No. 4

State of MichigaN

JOURNAL

of the

House of Representatives

94th Legislature

RegULaR SeSSioN of 2008

House Chamber, Lansing, Tuesday, January 22, 2008.

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—e/d/s Ward—present

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

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

Cushingberry—excused Jones, Rick—present Pastor—present Wojno—present

Dean—present Jones, Robert—present Pavlov—present Young—present

DeRoche—excused Knollenberg—present

e/d/s = entered during session

Rep. Andy Meisner, from the 27th District, offered the following invocation:

“Our God and God of our ancestors: We ask Your blessings and protection for our country, for its government, for its leader and advisors, for all who exercise just and rightful authority and for our soldiers on the battlefield. Teach them insights of Your Torah, that they may administer all affairs of state fairly, that peace and security, happiness and prosperity, justice and freedom may forever abide in our midst.

Creator of all flesh, bless all the inhabitants of our country with Your spirit. May citizens of all races and creeds forge a common bond in true harmony to banish all hatred and bigotry and to safeguard the ideals and free institutions which are the pride and glory of our country.

May this land under Your Providence be an influence for good throughout the world, uniting all people in peace and freedom and helping them to fulfill the vision of Your prophet: ‘Nation shall not lift up sword against nation, neither shall they experience war any more.’ And let us say: Amen.”

______

Rep. Booher moved that Rep. DeRoche be excused from today’s session.

The motion prevailed.

Rep. Tobocman moved that Reps. Cushingberry, Jackson and Johnson be excused from today’s session.

The motion prevailed.

third Reading of Bills

house Bill No. 5513, entitled

A bill to amend 1905 PA 299, entitled “An act to provide for changing and determining the names of divorced women,” by amending the title and section 1 (MCL 552.391).

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

Roll call No. 5 Yeas—102

Accavitti Dillon Law, David Proos

Acciavatti Donigan Law, Kathleen Robertson

Agema Ebli LeBlanc Rocca

Amos Elsenheimer Leland Sak

Angerer Emmons Lemmons Schuitmaker

Ball Espinoza Lindberg Scott

Bauer Farrah Mayes Shaffer

Bennett Gaffney McDowell Sheen

Bieda Gillard Meadows Sheltrown

Booher Gonzales Meekhof Simpson

Brandenburg Green Meisner Smith, Alma

Brown Griffin Melton Smith, Virgil

Byrnes Hammel Meltzer Spade

Byrum Hammon Miller Stahl

Calley Hansen Moolenaar Stakoe

Casperson Hildenbrand Moore Steil

Caswell Hood Moss Tobocman

Caul Hoogendyk Nitz Vagnozzi

Cheeks Hopgood Nofs Valentine

Clack Horn Palmer Walker

Clemente Hune Palsrok Ward

Condino Jones, Rick Pastor Warren

Constan Jones, Robert Pavlov Wenke

Corriveau Knollenberg Pearce Wojno

Coulouris Lahti Polidori Young

Dean LaJoy

Nays—2

Garfield Marleau

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

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. Opsommer entered the House Chambers.

Reps. Mayes, Accavitti, Bieda, Hansen, Rick Jones, Lemmons, Sak, Shaffer, Sheltrown, Spade, Vagnozzi, Proos, Brown, Constan, Espinoza, Gonzales, Hopgood, Polidori, Scott, Alma Smith, Caswell, Emmons, Hammel, Meisner, Ball, Brandenburg, Condino, Leland, Marleau, Meadows and Dean offered the following resolution:

house Resolution No. 251.

A resolution to recognize the importance of pollinators to ecosystem health and agriculture in the State of Michigan and the value of partnership efforts to increase awareness about pollinators and support for protecting and sustaining pollinators by designating June 22-28, 2008, as Michigan Pollinator Week in the state of Michigan.

Whereas, Bees, butterflies, and other pollinator species have a critically important role in agriculture in the state of Michigan and help to produce a healthy and affordable food supply and sustain ecosystem health; and

Whereas, Pollinators help to produce an estimated one out of every three bites of food consumed in the United States and to reproduce at least 80 percent of flowering plants; and

Whereas, Commodities produced in partnership with animal pollinators generate significant income for agricultural producers, with domestic honeybees alone pollinating an estimated $14,600,000,000 worth of crops in the United States each year produced on more than 2,000,000 acres; and

Whereas, It is in the strong economic interest of agricultural producers and consumers in the state of Michigan as well as the United States to help ensure a healthy, sustainable pollinator population; and

Whereas, Possible declines in the health and population of pollinators pose what could be a significant threat to global food webs, the integrity of biodiversity, and human health; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body designates the week of June 22 through June 28, 2008, as Michigan Pollinator Week in the state of Michigan; and be it further

Resolved, That we recognize the partnership role that pollinators play in agriculture and healthy ecosystems, and applaud the cooperative conservation collaborative efforts of participants that want to increase awareness about the important role of pollinators, and to build support for protecting and sustaining pollinators.

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. Mayes, Brown, Accavitti, Lemmons, Sak, Spade, Vagnozzi, Clack, Constan, Espinoza, Gonzales, Hopgood, Polidori, Hammel, Ball, Condino, Leland, Meadows and Dean offered the following resolution:

house Resolution No. 252.

A resolution to urge the Michigan Department of Transportation to upgrade all of M-138 in Bay and Tuscola Counties to an all-season state highway standard.

Whereas, All-season highways are those that have no seasonal load limitations due to road and weather conditions and can be traversed by residents, tourists, and commercial traffic year-round. Michigan Highway 138 is one of four east-west arteries between the Saginaw, Bay City, and Midland tri-city area and the thumb region of Michigan. Presently, M-138 is not being utilized to its fullest potential. Improving M-138 to an all-season road will promote commerce, tourism, growth, and development in Bay and Tuscola Counties and Michigan’s thumb region; and

Whereas, Agri-business is growing in Bay and Tuscola Counties, with an increased demand for agricultural byproducts for biodiesel fuels and other needs. An all-season M-138 could provide an additional, efficient route to serve this growing sector of the local economy; and

Whereas, Commercial growth along M-15 in Bay City, including the potential site of a new Wal-Mart store, will stimulate the local economy and bring a concomitant increase in area truck traffic. Eliminating seasonal weight restrictions on M-138 will facilitate commercial truck traffic between the Bay City area and Michigan’s thumb region. Allowing commercial truck traffic to traverse M-138 year-round through a mostly rural area would potentially reduce commercial truck traffic on the more urban and congested M-25 route through Bay City; now, therefore, be it

Resolved by the House of Representatives, That we urge the Michigan Department of Transportation to upgrade all of M-138 in Bay and Tuscola Counties to an all-season state highway standard; and be it further

Resolved, That a copy of this resolution be transmitted to the Michigan Department of Transportation.

The resolution was referred to the Committee on Transportation.

Reps. Gonzales, Accavitti, Lemmons, Spade, Vagnozzi, Clack, Constan, Hopgood, Polidori, Hammel, Ball, Bauer, Brandenburg, Condino, Leland and Dean offered the following resolution:

house Resolution No. 253.

A resolution to urge the Michigan Department of Transportation to construct a new southbound ramp for the I-75 interchange at Corunna Road in the charter township of Flint.

Whereas, Highway M-21 (Corunna Road) continues to experience the highest recurring traffic congestion levels in the Genesee County region. The increasing traffic is straining the existing infrastructure, particularly the interchange at Corunna Road and I-75; and

Whereas, The presence of the Showcase Cinema West and eastbound Corunna Road travelers heading south on I-75 cause traffic to back up past the Graham Road intersection. This results in a major bottleneck for the 40,000 drivers who cross that segment of surface road daily, clearly demonstrating the need for improvement; and

Whereas, Building a new southbound ramp to enable traffic heading east on Corunna Road to enter I-75 would alleviate traffic congestion and accidents at one of the county’s most dangerous intersections; and

Whereas, Accessibility to freeways and a safe driving environment play a crucial role in supporting the current and projected population and commercial growth in the Genesee County region; now, therefore, be it

Resolved by the House of Representatives, That we urge the Michigan Department of Transportation to include the construction of a new southbound ramp for the I-75 interchange at Corunna Road in the MDOT Five-Year Plan, and to build this ramp at the earliest possible opportunity; and be it further

Resolved, That copies of this resolution be transmitted to the Michigan Department of Transportation, the city of Flint, the charter township of Flint, the charter township of Clayton, the Genesee County Regional Chamber of Commerce, and the Genesee County Metropolitan Planning Commission.

The resolution was referred to the Committee on Transportation.

Reps. Sheen, Caswell, Knollenberg, Calley, Agema, Moss, Meisner, Meekhof, Tobocman, Stahl, Rick Jones, Steil, Casperson, Hoogendyk, Horn, Opsommer, Emmons, Pearce, Shaffer, Marleau, Dean, Robertson, Amos, Proos, Brown, Espinoza, Gonzales, Leland, Nofs, Palmer, Ball, Booher, Lahti, Vagnozzi, Green, Palsrok and Pastor offered the following concurrent resolution:

house concurrent Resolution No. 67.

A concurrent resolution to express support for the nation of Israel and to urge the President and Congress of the United States to continue to strengthen the ties between our two countries.

Whereas, On September 11, 2001, the whole world witnessed the action of a modern enemy to the human right to life, the sanctity of faith, and the preservation of democratic freedoms. This enemy arms itself in sworn fervor to annihilate, through overt acts of terror, Jews and Christians and the democracies and nations that sustain them; and

Whereas, Activities in the Middle East, Europe, and America demonstrate a rampant rise in anti-Semitism. While those perpetrating this anti-Semitism pledge themselves to violence upon innocents, they also seek to persuade, through their grievances, the whole world that persecution and destruction of Israel and Jewish people and those who support them are warranted. If history is allowed to repeat itself, the world will be severely troubled and the future threatened; and

Whereas, Jewish communities have contributed to the growth and character of the United States and Michigan throughout our history. Those communities and their citizens have been an integral part of the development of every aspect of life here; and

Whereas, Prior to and during World War II, citizens of Michigan traveled to and battled in Europe and rescued many Jewish families and individuals from the terror of the Holocaust. Many of the survivors of this nightmare resettled in Michigan, where they and their descendants remain valued citizens today; and

Whereas, The Michigan-Israel Technology Venture was established in 1988 to foster exchanges of information and technology, and an Economic Development Cooperative Agreement was signed that same year between Michigan and Israel to promote trade and investment. These measures have generated a multitude of business, governmental, art, cultural, and educational links between the state of Michigan and the nation of Israel; and

Whereas, These partnerships have further strengthened the historic ties between our state and the nation of Israel. Since 1991, Michigan has exported more than $1 billion worth of manufactured goods to Israel. In 2006, exports from Michigan to Israel totaled over $101 million, and Israel now ranks as Michigan’s 30th leading trade partner; and

Whereas, In the wake of September 11, 2001, the United States and the state of Israel have experienced terrorist attacks on our innocent civilians through suicide missions and other forms of terrorism. Michigan citizens, along with all Americans, grieve the senseless loss of innocent lives due to all reckless acts of terror and evil throughout our world; and

Whereas, It is most appropriate for Michigan again to reaffirm its unequivocal support for the nation of Israel at this time of challenge; now, therefore, be it

Resolved by the House of Representatives (the Senate concurring), That we express support for the nation of Israel and urge the President and Congress of the United States to continue to strengthen the ties between our two countries; 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 Government Operations.

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, January 18:

house Bill Nos. 5624 5625 5626 5627 5628 5629 5630 5631 5632 5633 5634 5635 5636 5637 5638 5639 5640

Senate Bill No. 1019

The Clerk announced that the following Senate bills had been received on Tuesday, January 22:

Senate Bill Nos. 505 524 776

Reports of Standing committees

COMMITTEE ATTENDANCE REPORT

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

Meeting held on: Tuesday, January 22, 2008

Present: Reps. Meisner, Robert Jones, Byrum, Clemente, Coulouris, Dean, Byrnes, Sheltrown, Hildenbrand, Huizenga, Palsrok, Rick Jones and Knollenberg

Absent: Reps. Accavitti, Johnson, Simpson, Valentine, Stakoe and Meltzer

Excused: Reps. Accavitti, Johnson, Simpson, Valentine, Stakoe and Meltzer

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Warren, Chair, of the Committee on Great Lakes and Environment, was received and read:

Meeting held on: Tuesday, January 22, 2008

Present: Reps. Warren, Donigan, Ebli, Kathleen Law, Leland, Meadows, Valentine, Robertson, Moolenaar, Meekhof and Agema

Absent: Reps. Tobocman, Miller, Palmer and Emmons

Excused: Reps. Tobocman, Miller, Palmer and Emmons

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Coulouris, Chair, of the Committee on Banking and Financial Services, was received and read:

Meeting held on: Tuesday, January 22, 2008

Present: Reps. Coulouris, Clemente, Mayes, Robertson and Calley

Absent: Reps. Johnson, Virgil Smith, Moore and Green

Excused: Reps. Johnson, Virgil Smith, Moore and Green

Messages from the Senate

Senate Bill No. 505, entitled

A bill to amend 1927 PA 372, entitled “An act to regulate and license the selling, purchasing, possessing, and carrying of certain firearms and gas ejecting devices; to prohibit the buying, selling, or carrying of certain firearms and gas ejecting devices without a license or other authorization; to provide for the forfeiture of firearms under certain circumstances; to provide for penalties and remedies; to provide immunity from civil liability under certain circumstances; to prescribe the powers and duties of certain state and local agencies; to prohibit certain conduct against individuals who apply for or receive a license to carry a concealed pistol; to make appropriations; to prescribe certain conditions for the appropriations; and to repeal all acts and parts of acts inconsistent with this act,” by amending sections 1 and 5o (MCL 28.421 and 28.425o), as amended by 2002 PA 719.

The Senate has passed the bill.

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

Senate Bill No. 524, entitled

A bill to amend 1992 PA 234, entitled “The judges retirement act of 1992,” (MCL 38.2101 to 38.2670) by adding section 514.

The Senate has passed the bill.

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

Senate Bill No. 776, entitled

A bill to amend 1931 PA 328, entitled “The Michigan penal code,” (MCL 750.1 to 750.568) by adding section 90h.

The Senate has passed the bill.

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

Senate concurrent Resolution No. 21.

A concurrent resolution to urge state departments, public universities, public community colleges, and local units of government not to invest or deposit any funds in any business, legal, or governmental entity or institution that is engaged in business with known state sponsors of terror or has facilities in these countries.

Whereas, In recent years, there have been numerous terrorist attacks in locations such as New York, Washington D.C., Madrid, London, and Yemen, as well as in Iraq and Afghanistan. The United States Secretary of State has determined that certain countries have repeatedly provided support for acts of international terrorism, and such a country is known as a state sponsor of terror. State and local funds should not be invested in companies that do business or have facilities in countries that have been identified by the United States Secretary of State as state sponsors of terror; and

Whereas, A number of states have taken steps to urge or to prohibit investment or deposit of funds in companies that do business or have facilities in countries that have been identified as state sponsors of terror. It is important that states place pressure on such countries to stop supporting terrorism. Support of terrorism represents a grave threat to the security of the United States and to the residents of the state of Michigan. In the same manner, state and local agencies should not invest or deposit funds in countries which have been identified as state sponsors of terror. Thirty-one states are considering legislation or resolutions and sixteen states have passed divestment legislation; now, therefore, be it

Resolved by the Senate (the House of Representatives concurring), That we urge state departments, public universities, public community colleges, and local units of government not to invest or deposit any funds in any business, legal, or governmental entity or institution that is engaged in business with known state sponsors of terror or has facilities in these countries; and be it further

Resolved, That copies of this resolution be transmitted to state departments, public universities, public community colleges, and local government associations.

The Senate has adopted the concurrent resolution.

Reps. Accavitti, Bieda, Hansen, Horn, Rick Jones, LaJoy, Shaffer, Sheltrown, Vagnozzi, Brown, Hopgood, Alma Smith, Valentine, Booher, David Law, Pearce, Caswell, Emmons and Garfield were named co-sponsors of the concurrent resolution.

The concurrent resolution was referred to the Committee on Government Operations.

Notices

January 18, 2008

Rich Brown

Clerk, House of Representatives

Dear Mr. Clerk,

Pursuant to House Rule 8, I make the following changes to standing committees of the House of Representatives:

coMMeRce

Remove: Representative Byrnes

Add: Representative Griffin

gReat LaKeS aND eNViRoNMeNt

Remove: Representative Tobocman

Add: Representative Griffin

NeW ecoNoMY aND QUaLitY of Life

Remove: Representative Hammel

Add: Representative Griffin

tRaNSPoRtatioN

Remove: Representative Gonzales

Add: Representative Griffin

Andy Dillon

Speaker

House of Representatives

January 22, 2008

Rich Brown

Clerk, House of Representatives

Dear Mr. Clerk,

Pursuant to House Rule 8, I make the following changes to standing committees of the House of Representatives:

agRicULtURe

Remove: Representative Agema

Add: Representative Walker

gReat LaKeS aND eNViRoNMeNt

Remove: Representative Agema

Add: Representative Walker

toURiSM, oUtDooR RecReatioN aND NatURaL ReSoURceS

Remove: Representative Agema

Add: Representative Walker

aPPRoPRiatioNS

Remove: Representative Walker

Add: Representative Agema

Regards,

Andy Dillon

Speaker

House of Representatives

Pursuant to Rule 41, the Speaker has made the following reassignment:

house Bill No. 5634 referred to the Committee on Intergovernmental, Urban and Regional Affairs.

introduction of Bills

Reps. LaJoy, Rick Jones, Caul, Meltzer, Calley, Horn, Pavlov, Acciavatti, Knollenberg, Moore, Stahl, Meekhof, David Law, Steil, Nitz, Agema, Pearce, Opsommer, Hoogendyk, Nofs, Hansen, Elsenheimer, Huizenga and Shaffer introduced

house Bill No. 5641, entitled

A bill to amend 1893 PA 206, entitled “The general property tax act,” by amending section 24f (MCL 211.24f), as amended by 2000 PA 244.