No. 8

State of Michigan

JOURNAL

OF THE

House of Representatives

95th Legislature

REGULAR SESSION OF 2009

House Chamber, Lansing, Wednesday, February 11, 2009.

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.

Agema—present Durhal—present Lahti—present Proos—present

Amash—present Ebli—present LeBlanc—present Roberts—present

Angerer—present Elsenheimer—present Leland—present Rocca—present

Ball—present Espinoza—present Lemmons—excused Rogers—present

Barnett—present Geiss—present Lindberg—present Schmidt, R.—present

Bauer—present Genetski—present Lipton—present Schmidt, W.—present

Bennett—present Gonzales—present Liss—present Schuitmaker—present

Bledsoe—present Green—present Lori—present Scott, B.—present

Bolger—present Gregory—present Lund—present Scott, P.—present

Booher—present Griffin—present Marleau—present Scripps—present

Brown, L.—present Haase—present Mayes—present Segal—present

Brown, T.—present Haines—present McDowell—present Sheltrown—present

Byrnes—present Hammel—present McMillin—present Simpson—present

Byrum—present Hansen—present Meadows—present Slavens—present

Calley—present Haugh—present Meekhof—present Slezak—present

Caul—present Haveman—present Melton—present Smith—present

Clemente—present Hildenbrand—present Meltzer—present Spade—present

Constan—present Horn—present Miller—present Stamas—present

Corriveau—present Huckleberry—present Moore—present Stanley—present

Coulouris—present Jackson—excused Moss—present Switalski—present

Crawford—present Johnson—present Nathan—present Tlaib—present

Cushingberry—present Jones, Rick—present Nerat—present Tyler—present

Daley—present Jones, Robert—present Neumann—present Valentine—present

Dean—present Kandrevas—present Opsommer—present Walsh—present

Denby—present Kennedy—present Pavlov—present Warren—present

DeShazor—present Knollenberg—present Pearce—present Womack—excused

Dillon—present Kowall—present Polidori—excused Young—present

Donigan—present Kurtz—present

e/d/s = entered during session

Rep. Darwin L. Booher, from the 102nd District, offered the following invocation:

“Father God, we thank You for this day that You have given to us. We thank You for the many blessings that You have given to us and continue to pour out on us.

Give us compassion for those in our world that are suffering; those that are without jobs, without medicine, without food. We seek Your wisdom and guidance this day on how to best serve those in need in our districts. We look to Your leading, on how we can best lead this state of Michigan.

We thank You for the freedoms that we enjoy here in this country. We ask for Your protection on those that are serving in our armed forces, both here at home and those that are overseas. We also lift up their families and the sacrifices that they are making as well.

We ask all these things in Jesus name. Amen.”

______

Rep. Angerer moved that Reps. Jackson, Lemmons, Polidori and Womack be excused from today’s session.

The motion prevailed.

Motions and Resolutions

Reps. Robert Jones, Smith, Lemmons, Paul Scott, Gregory, Bledsoe, Young, Nathan, Bettie Scott, Lindberg, Tlaib, Johnson, DeShazor, Sheltrown, Gonzales, Spade, Lipton, Bennett, McDowell, LeBlanc, Durhal, Dean, Espinoza, Melton, Huckleberry, Lisa Brown, Constan, Slavens, Haase, Haugh, Cushingberry, Womack, Byrnes, Meadows, Hammel, Schuitmaker, Rick Jones, Liss, Terry Brown, Warren, Stanley, Geiss, Jackson, Angerer, Barnett, Bauer, Byrum, Calley, Clemente, Donigan, Ebli, Griffin, Haines, Hansen, Haveman, Kandrevas, Kennedy, Knollenberg, Kowall, Kurtz, Leland, Lori, Lund, Mayes, Miller, Roberts, Roy Schmidt, Scripps, Segal, Simpson, Slezak, Switalski, Valentine and Walsh offered the following resolution:

House Resolution No. 22.

A resolution declaring February 8-14, 2009, as NAACP Week in the state of Michigan.

Whereas, In the summer of 1908, the country was shocked by the account of the race riots at Springfield, Illinois. The home of Abraham Lincoln; and

Whereas, On February 12, 1909, the National Association for the Advancement of Colored People (NAACP) was born; and

Whereas, The NAACP was founded on the beliefs embodied in the Constitution of the United States of America, supporting democracy, dignity and freedom; and

Whereas, For 100 years the NAACP has lead social change in America; and

Whereas, The vision of the National Association for the Advancement of Colored People is to ensure a society in which all individuals have equal rights and there is no racial hatred or racial discrimination; and

Whereas, The NAACP has worked to advance its mission to ensure the political, educational, social and economic equality of rights of all persons and to eliminate racial hatred and racial discrimination; and

Whereas, Since its inception, the NAACP has fought discrimination in education, in the voting booth, in the military, in public accommodations, in employment hiring practices and many other areas; and

Whereas, The NAACP is dedicated to the objective of securing full enjoyment of citizenship rights, justice in the courts and equality of opportunity for all; and

Whereas, Our nation and state has benefited from the NAACP’s unwavering commitment to civil rights and the vision of a society free of injustice; and

Whereas, NAACP members in the state of Michigan have been dedicated to upholding these principles of the NAACP and have worked to achieve the objectives of justice and equality for all; and

Whereas, The Michigan State Conference of NAACP believes that each member is unique and valuable, and that knowledge leads to understanding and respect. That everyone benefits from the rich dimensions of diversity in our Association, in our workplaces, in our schools and in our communities; and

Whereas, Today, NAACP Units in the state of Michigan are continuing in their efforts to end discrimination and to ensure equal opportunity for all citizens in their community; and

Whereas, The State of Michigan and all its citizens have benefited from the dedication to these principles on the part of members of NAACP Branches, NAACP Youth Councils, NAACP College Chapters and NAACP Prison Chapters, and from their unwavering commitment to these goals; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body declare February 8-14, 2009, as NAACP Week in the state of Michigan. We acknowledge and celebrate the 100th Anniversary of the National Association for the Advancement of Colored People.

The question being on the adoption of the resolution,

Rep. Robert Jones 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. 5 Yeas—105

Agema Durhal Kurtz Proos

Amash Ebli Lahti Roberts

Angerer Elsenheimer LeBlanc Rocca

Ball Espinoza Leland Rogers

Barnett Geiss Lindberg Schmidt, R.

Bauer Genetski Lipton Schmidt, W.

Bennett Gonzales Liss Schuitmaker

Bledsoe Green Lori Scott, B.

Bolger Gregory Lund Scott, P.

Booher Griffin Marleau Scripps

Brown, L. Haase Mayes Segal

Brown, T. Haines McDowell Sheltrown

Byrnes Hammel McMillin Simpson

Byrum Hansen Meadows Slavens

Calley Haugh Meekhof Slezak

Caul Haveman Melton Smith

Clemente Hildenbrand Meltzer Spade

Constan Horn Miller Stamas

Corriveau Huckleberry Moore Stanley

Coulouris Johnson Moss Switalski

Crawford Jones, Rick Nathan Tlaib

Daley Jones, Robert Nerat Tyler

Dean Kandrevas Neumann Valentine

Denby Kennedy Opsommer Walsh

DeShazor Knollenberg Pavlov Warren

Dillon Kowall Pearce Young

Donigan

Nays—0

In The Chair: Byrnes

The Speaker and Reps. Angerer, Polidori, Byrnes, Agema, Ball, Barnett, Bauer, Bennett, Bledsoe, Bolger, Booher, Lisa Brown, Terry Brown, Byrum, Calley, Caul, Clemente, Constan, Corriveau, Coulouris, Crawford, Daley, Dean, Denby, DeShazor, Durhal, Elsenheimer, Espinoza, Geiss, Gonzales, Green, Gregory, Griffin, Haase, Haines, Hammel, Hansen, Haugh, Haveman, Huckleberry, Johnson, Rick Jones, Robert Jones, Kandrevas, Kennedy, Knollenberg, Kowall, Kurtz, Lahti, LeBlanc, Leland, Lindberg, Lipton, Liss, Lori, Lund, Marleau, Mayes, McDowell, Meadows, Meekhof, Melton, Meltzer, Miller, Nathan, Nerat, Neumann, Pavlov, Pearce, Proos, Roberts, Rocca, Rogers, Roy Schmidt, Schuitmaker, Bettie Scott, Paul Scott, Scripps, Segal, Sheltrown, Simpson, Slavens, Slezak, Smith, Spade, Stamas, Stanley, Switalski, Tlaib, Tyler, Valentine, Walsh, Warren and Young offered the following resolution:

House Resolution No. 23.

A resolution to honor Congressman John D. Dingell on the occasion of his becoming the longest serving member of the United States House of Representatives on this date, February 11, 2009.

Whereas, John D. Dingell was sworn in and took office as a Member of the United States House of Representatives on January 22, 1956 after winning a special election on December 13, 1955. He replaced his father, who had served with distinction as a 12-term Congressman. Prior to being sworn in as a Member of Congress, John D. Dingell had already dedicated himself to public service through his work as a National Park Ranger, a Second Lieutenant in the United States Army during World War II, and an Assistant Prosecutor in Wayne County; and

Whereas, Over the course of his tenure, Congressman Dingell has strengthened our nation and safeguarded our people in many ways. He has been given the moniker, “The People’s Watchdog in Congress.” What attracts less attention is Congressman Dingell persistent and tenacious work advocating for the constituents and voters he serves; and

Whereas, His leadership has had a profound impact in such fundamental policy areas as environmental protection, energy, health care, and commerce. The Dean of the House, Representative Dingell has amassed a record unparalleled in scope and depth. Known as a zealous investigator of government waste, fraud, and abuse, John D. Dingell has also been involved as an author and co-author in the crafting of many of the nation’s most important environmental and conservation laws; and

Whereas, These encompass not only landmark legislation dealing with brownfield revitalization, safe drinking water, and hazardous and solid waste handling, but also lead exposure reduction, weatherization grants, and energy conservation. These acts include: the Endangered Species Act, National Environmental Protection Act, Clean Water Act, National Energy Conservation Policy Act, National Wilderness Act, Water Quality Act, Marine Mammal Protection Act, and the Detroit International Wildlife Refuge Act that created North America’s first international wildlife refuge in southeast Michigan; and

Whereas, John D. Dingell has worked tirelessly on patient’s rights and has made health care for all Americans a priority during his entire career, having offered legislation (first introduced by his father) in every Congress since 1957 that would provide for national health insurance. His work led to the honor of presiding over the U.S. House of Representatives on April 8, 1965, when the Medicare Act was passed. He has also been a leader in getting the Mammography Quality Standards Act passed and the Children’s Health Insurance Program (CHIP) signed into law in 1997, and the expansion of this program signed into law in 2009; and

Whereas, John D. Dingell has also been a strong and vigorous defender of civil rights and civil liberties, having taken a lead on drafting and supporting the Civil Rights Acts of 1957 and 1964, and the Voting Rights Act of 1965. He is also a well-known champion of the Second Amendment; and

Whereas, Several pressing problems facing our nation at this critical time are policy areas that have long been the focus of Representative Dingell’s diligence. Health care, including treatment standards, patient rights, and access for children, have long been championed by this tenacious public servant. Moreover, at a juncture where the very survival of America’s large manufacturing industry is in peril, John Dingell brings a breadth of knowledge to these challenges that is unsurpassed. His grasp of key issues and his ability to get results are well documented and admired by all; and

Resolved by the Michigan House of Representatives, That the members of this legislative body honor Congressman John D. Dingell on the occasion of his becoming the longest serving member of the United States House of Representatives on this date, February 11, 2009. On behalf of all of Michigan’s citizens, we offer this resolution as a heartfelt expression of our gratitude to Congressman John D. Dingell for his 19,420 days of dedicated service to the people of his district, the state of Michigan and the United States of America; and be it further

Resolved, That copies of this resolution be transmitted to the Speaker of the United States House of Representatives and the members of the Michigan congressional delegation.

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. Miller, Switalski, Slavens, Hammel, Bennett, Coulouris, Roberts, Constan and Warren offered the following concurrent resolution:

House Concurrent Resolution No. 7.

A concurrent resolution to express the wish of the people of Michigan to erect a statue of Walter P. Reuther in place of the Zachariah Chandler statue in the National Statuary Hall Collection and to urge the Governor to establish a commission to carry out this replacement.

Whereas, The National Statuary Hall Collection was authorized by Congress in 1864 in order to allow each state to provide two statues of notable citizens for display in the United States Capitol. Lewis Cass and Zachariah Chandler represent Michigan. Federal legislation allows a state to request by resolution that the Joint Committee on the Library of Congress approve the replacement of a statue on display in the National Statuary Hall Collection; and

Whereas, We request that the statue of Zachariah Chandler, given in 1913, be replaced with a statue of Walter P. Reuther. Walter Reuther, who was born in 1907 and who died in 1970, came to Detroit to work in the auto industry. It is here that Walter Reuther forged his reputation as a union leader during the Great Depression. In the decades after World War II, Walter Reuther led the United Auto Workers as its president and succeeded in elevating autoworker wages and benefits to levels that allowed these workers to enjoy a middle class lifestyle and view the future with hope. He was an advisor to presidents, an advocate for civil rights, and a leader in reaching out to labor organizations around the world. Walter P. Reuther’s efforts on behalf of the workers of an industry that defines Michigan make him worthy of representing our state in the National Statuary Hall Collection; and

Whereas, We urge the Governor to appoint a seven-person Walter P. Reuther Statue Commission to oversee the replacement process and to select a sculptor who will create a statue of Walter P. Reuther that reflects his leading role in Michigan history; and

Whereas, The commission must be able to apply for, receive and expend monies from any source, public or private, including but not limited to, gifts, grants, donations of monies and government appropriations. The commission should also have the authority to accept donations of labor, services, or other things of value from any public or private agency or person, to carry out the work of the commission; to pay the costs of the sculptor, carving or casting the statue, creating a pedestal and any desired inscription, transporting the statue and pedestal to the United States Capitol, removing and transporting the replaced statue of Zachariah Chandler, temporarily erecting the new statue of Walter Reuther in the Rotunda of the Capitol for the unveiling ceremony, and expenses related to the unveiling ceremony; and to defray any other expenses that the commission may find it necessary to incur. Individual members of the commission must fully comply with the provisions of the Act No. 196 of the Public Acts of 1973, as amended, being Section 15.341 et seq. of the Michigan Compiled Laws, governing the standards of conduct for public officers and employees of the state of Michigan; now, therefore, be it

Resolved by the House of Representatives (the Senate concurring), That we express the wish of the people of Michigan to erect a statue of Walter P. Reuther in place of the Zachariah Chandler statue in the National Statuary Hall Collection; and be it further

Resolved, That we urge the Governor to approve this replacement and sign an agreement with the Architect of the Capitol to replace the Zachariah Chandler statue with one of Walter P. Reuther; and be it further

Resolved, That we urge the Governor to establish a seven-member Walter P. Reuther Commission to select a sculptor and to oversee the replacement process; and be it further

Resolved, That copies of this resolution be transmitted to the Governor of Michigan and the Joint Committee on the Library of Congress.

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 Wednesday, February 11:

House Bill Nos. 4209 4210 4211 4212 4213 4214 4215 4216 4217 4218 4219 4220 4221 4222

4223 4224 4225 4226 4227 4228 4229 4230 4231 4232 4233 4234 4235 4236

4237 4238 4239 4240 4241

Senate Bill Nos. 203 204 205 206 207 208 209

Reports of Standing Committees

COMMITTEE ATTENDANCE REPORT

The following report, submitted by Rep. Ebli, Chair, of the Committee on Tax Policy, was received and read: