No. 42

State of Michigan

JOURNAL

OF THE

House of Representatives

96th Legislature

REGULAR SESSION OF 2011

House Chamber, Lansing, Wednesday, May 11, 2011.

1:30 p.m.

The House was called to order by the Speaker.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

Genetski—excused Lindberg—present

e/d/s = entered during session

Pastor April Hearn, Pastor of New Prospect Missionary Baptist Church in Detroit, offered the following invocation:

“O Lord, how we thank You and bless You for this day! This is the day that You have made, let us all rejoice and give thanks.

You have been our protection and our guide in the past and we know that we can trust You with our future.

We pray for guidance. Divinely order our steps, order our decisions, guide our conversations, control our tempers and control our tongues.

Forgive us for accepting the benefits of Your blessings without acknowledging that we indeed have a responsibility to utilize our time, our talent, and our treasures to make a difference in this world.

We ask to be forgiven for taking Your love and Your provision for granted.

Lord, keep us ever mindful that there are those in need. There are those with less and there are those without.

Make us one. May we do justice, love mercy and walk in humility with You today.

May we choose, this day, to speak words which lead to life and solutions rather than confusion and dissension. May we be found faithful in doing the work You have appointed us to do.

How can we forget all that You’ve done. Yesterday has passed and tonight is not promised. All we have is Right NOW!

Let us take advantage of this opportunity to make a difference, for we realize that we shall never come this way again. Amen.”

______

Rep. Segal moved that Rep. Haugh be excused from today’s session.

The motion prevailed.

Rep. Stamas moved that Reps. Lyons, Price, Haveman, Genetski and Scott be excused from today’s session.

The motion prevailed.

______

The Speaker called Associate Speaker Pro Tempore O’Brien to the Chair.

Motions and Resolutions

Reps. Damrow, Daley, Rogers, Foster, Price, Horn, Lund, Agema, Franz, Bumstead, Huuki, MacMaster, MacGregor, Haines, Kowall, Crawford, Heise, Knollenberg, Kurtz, Liss, Lori and Tyler offered the following resolution:

House Resolution No. 83.

A resolution to memorialize Congress and the President to pursue all measures to provide relief from escalating gasoline prices, including increasing domestic oil drilling.

Whereas, The high price of gasoline is an issue of concern to families throughout Michigan. The price of regular unleaded gasoline has increased steadily over the past six months, with a 37% increase in the price of a gallon of gasoline since the beginning of the year. Prices recently surged to over $4.00 per gallon; and

Whereas, Current price instability, along with unrest in the Middle East and North Africa, has led to predictions that gasoline prices will continue to rise for the foreseeable future; and

Whereas, Analyst are concerned that the higher fuel prices will slow the economic recovery, which is still on shaky ground. Reduced economic growth could reverse the recently decreasing unemployment rates. Higher gasoline prices may force consumers to choose between gasoline and groceries or rent. Yet, oil companies are realizing record profits from the inflated price of oil while still receiving tax cuts provided for under the federal Energy Policy Act of 2005; and

Whereas, The ability to deal effectively with rising energy costs in the global marketplace, to some extent, resides with the United States President and Congress. It is imperative that our federal government utilize all tools at their discretion to provide relief to burdened consumers, including increasing domestic oil drilling; now, therefore, be it

Resolved by the House of Representatives, That we memorialize Congress and the President to pursue all measures to provide relief from escalating gasoline prices, including increasing domestic oil drilling; 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 Energy and Technology.

Reps. Lyons, O’Brien, MacGregor, Jacobsen, Haveman, Foster, Liss, Rogers, Barnett, Bauer, Brown, Constan, Crawford, Damrow, Heise, Knollenberg, Kurtz, LeBlanc, Lori, Slavens and Tyler offered the following resolution:

House Resolution No. 84.

A resolution to recognize the Children’s Trust Fund and the Pam Posthumus Signature Auction Event for their efforts to prevent child abuse and neglect in the state of Michigan.

Whereas, Begun in 2003 as an auction event and inaugurated in 2011 as the Pam Posthumus Signature Auction Event, the annual fundraiser is essential to generating revenue in the prevention of child abuse and neglect, and giving all children in our state the opportunity to succeed; and

Whereas, Organized by the Children’s Trust Fund (CTF), this event commemorates the memory of Pam Posthumus, CTF board member in 1997 and board chair in 2002 who dedicated her life toward improving the lives of all children and who was, during her lifetime, a tireless advocate and champion for Michigan’s children; and

Whereas, As Michigan’s only statewide nonprofit organization solely dedicated to the prevention of child abuse and neglect, CTF has raised more than $60 million to support programs that have affected more than 6 million children and families; and

Whereas, CTF’s efforts and its signature auction event are even more essential today as families and children face great challenges, with 350 children victimized by abuse and neglect every day; and

Whereas, In light of the seriousness of this problem today and the magnitude of our challenge in the days ahead, this Legislature is committed to joining forces with all parties to protect our children, further urging our citizens, businesses, community organizations and others to join us in supporting the Pam Posthumus Signature Auction Event on May 18, starting at 5 p.m. at the Lansing Center; now therefore, be it

Resolved by the House of Representatives, That the members of this legislative body recognize the Children’s Trust Fund and the Pam Posthumus Signature Auction Event for their efforts to prevent child abuse and neglect in the state of Michigan. We acknowledge the importance of its function in protecting our children and extend to all those associated with the CTF and the auction event our sincere appreciation for their commitment to this important cause; and be it further

Resolved, That a copy of this resolution be transmitted to the Children’s Trust Fund with our highest esteem.

The question being on the adoption of the resolution,

The resolution was adopted.

Reps. LeBlanc, Barnett, Constan, Heise, Knollenberg, Kurtz, Liss, Meadows and Slavens offered the following resolution:

House Resolution No. 85.

A resolution to recognize the Republic of China (Taiwan) on its centenary.

Whereas, Taiwan celebrates its centenary this year and its National Day on October 10, 2011, and joins friends and compatriots around the world in commemorating 100 years since its birth on October 10, 1911, as Asia’s first republic; and

Whereas, Taiwan is the world’s 19th largest economy and a major U.S. trading partner, which in the last two decades has achieved economic and social stability and been lauded as a beacon of democracy for Asia. The country has dramatically improved its record on human rights, and has taken great steps forward to enter the world arena as a trusted partner; and

Whereas, Taiwan has a strong economic and cultural relationship with Michigan, as Taiwan’s imports of U.S. goods in 2010 increased 41 percent over those in 2009, and Taiwan’s imports of Michigan goods in 2010, valued at almost 229 million dollars, increased 28 percent over the same period; and

Whereas, Hundreds of Taiwanese students are enrolled at Michigan colleges and universities and over the years many reciprocal business, professional, legislative and other delegations and cultural and educational exchanges have promoted ties and enhanced relations between Michigan and Taiwan; and

Whereas, Taiwan’s absence from international organizations has impeded Taiwan’s ability to participate in global climate initiatives and to respond to natural disasters like Typhoon Morakot, which struck Taiwan in the summer of 2009, an unusually destructive typhoon season in the Pacific; and

Whereas, The Taiwan government is grateful for the assistance and condolences of the international community in the wake of Typhoon Morakot in 2009, as dozens of international organizations and nations stepped up to help, including the United States, which supplied military equipment for rescue and recovery operations; and

Whereas, Aviation safety has become a major global concern since 2001 and Taiwan is a key air transport hub in the Asia-Pacific region, with more than 1.35 million flights passing through the Taipei Flight Information Region and the world’s 15th largest cargo volume airport; and

Whereas, The Taiwan government has undertaken a policy of “viable diplomacy” in its international relations and a pragmatic approach to China, having completed a number of cross-strait liberalization measures, including direct passenger flights between mainland China and Taiwan and other goodwill measures, resulting in reciprocal gestures and rapprochement between Taipei and Beijing; and

Whereas, Taiwan has shown its readiness and ability to provide humanitarian aid to other nations, as demonstrated by its swift delivery of assistance to Haiti following the 2010 earthquake there and dispatch of a rescue team and relief equipment and supplies to Japan following that nation’s earthquake and tsunami earlier this year; now, therefore, be it

Resolved by the House of Representatives, That the members of this legislative body recognize the Republic of China (Taiwan) on its centenary. We congratulate Taiwan on the centennial of its birth in 1911 as Asia’s first republic and express continued support of Michigan’s cordial relations with Taiwan and for increasing Taiwan’s international space as part of the global community. We encourage meaningful participation of Taiwan in the United Nations Framework Convention on Climate Change (UNFCCC) and the International Civil Aviation Organization (ICAO) to increase Taiwan’s international space and contribution to the global community.

The question being on the adoption of the resolution,

The resolution was adopted.

Second Reading of Bills

House Bill No. 4360, entitled

A bill to amend 1963 PA 181, entitled “Motor carrier safety act of 1963,” by amending section 5 (MCL 480.15), as amended by 2006 PA 595.

The bill was read a second time.

Rep. Haines moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed.

House Bill No. 4411, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 16245 (MCL 333.16245), as amended by 2006 PA 26.

The bill was read a second time.

Rep. Haines moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed.

House Bill No. 4412, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 16226 (MCL 333.16226), as amended by 2004 PA 214.

Was read a second time, and the question being on the adoption of the proposed substitute (H-1) previously recommended by the Committee on Health Policy,

The substitute (H-1) was adopted, a majority of the members serving voting therefor.

Rep. Huuki moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed.

House Bill No. 4413, entitled

A bill to amend 1978 PA 368, entitled “Public health code,” by amending section 16221 (MCL 333.16221), as amended by 2004 PA 214.

The bill was read a second time.

Rep. Liss moved that the bill be placed on the order of Third Reading of Bills.

The motion prevailed.

By unanimous consent the House returned to the order of

Motions and Resolutions

Rep. Moss moved that the Committee on Appropriations be discharged from further consideration of Senate Bill No. 169.

(For first notice see House Journal No. 41, p. 627.)

The question being on the motion made by Rep. Moss,

The motion prevailed, a majority of the members serving voting therefor.